[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Rules and Regulations]
[Pages 12601-12602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05393]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 101206604-1758-02]
RIN 0648-XE445


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2016 Recreational Accountability Measure and Closure for Atlantic 
Migratory Group Cobia

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

-----------------------------------------------------------------------

SUMMARY: NMFS implements accountability measures (AMs) for Atlantic 
migratory group cobia that are not sold (recreational) in the exclusive 
economic zone (EEZ) of the South Atlantic. NMFS projects that 
recreational landings of Atlantic migratory group cobia will reach the 
recreational annual catch target (ACT) by June 20, 2016. Therefore, 
NMFS closes the recreational sector for Atlantic migratory group cobia 
on June 20, 2016, and it will remain closed for the remainder of the 
fishing year through December 31, 2016. This closure is necessary to 
protect the resource of Atlantic migratory group cobia.

DATES: This rule is effective from 12:01 a.m., local time, June 20, 
2016, until 12:01 a.m., local time, January 1, 2017.

FOR FURTHER INFORMATION CONTACT: Karla Gore, NMFS Southeast Regional 
Office, telephone: 727-824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic 
fish (king mackerel, Spanish mackerel, and cobia) is managed under the 
Fishery Management Plan for Coastal Migratory Pelagic Resources in the 
Gulf of Mexico and Atlantic Region (FMP). The FMP was prepared by the 
Gulf of Mexico and South Atlantic Fishery Management Councils and is 
implemented by NMFS under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) by regulations 
at 50 CFR part 622.
    Separate migratory groups of cobia were established in Amendment 18 
to the FMP (76 FR 82058, December 29, 2011) and revised in Amendment 
20B to the FMP (80 FR 4216, January 27, 2015). The southern boundary 
for Atlantic migratory group cobia occurs at a line that extends due 
east of the Florida/Georgia border at 30[deg]42'45.6'' N. latitude. The 
northern boundary for Atlantic migratory group cobia is at the 
jurisdictional boundary between the Mid-Atlantic and New England 
Fishery Management Councils. As specified in 50 CFR 600.105(a), the 
northern boundary begins at the intersection point of Connecticut, 
Rhode Island, and New York at 41[deg]18'16.249'' N. latitude and 
71[deg]54'28.477'' W. longitude and proceeds south along 
37[deg]22'32.75'' E. longitude to the point of intersection with the 
outward boundary of the EEZ as specified in the Magnuson-Stevens Act.
    Atlantic migratory group cobia are unique among federally managed 
species in the southeast region, because no Federal commercial permit 
is required to harvest and sell them. The distinction between 
commercial and recreational sectors is not as clear as other federally 
managed species in the southeast region. For example, regulations at 50 
CFR part 622 specify ACLs and AMs for cobia that are sold and cobia 
that are not sold. However, for purposes of this temporary rule, 
Atlantic migratory group cobia that are sold are considered 
commercially-caught, and those that are not sold are considered 
recreationally-caught.
    The AMs specified at 50 CFR 622.388(f)(2)(i) require that for the 
recreational sector of Atlantic migratory group cobia, if the sum of 
the commercial and recreational landings exceed the stock ACL 
(commercial ACL plus recreational ACL), NMFS must file a notice with 
the Office of the Federal Register at or near the beginning of the 
following fishing year to reduce the length of the fishing season by 
the amount necessary to ensure landings may achieve the applicable 
recreational ACT, but do not exceed the applicable recreational ACL.
    The recreational AM is triggered for 2016, because although 
commercial landings did not exceed the commercial ACL (commercial 
quota) in 2015, the recreational landings exceeded both the 
recreational ACL and the stock ACL. Because Amendment 20B to the FMP 
changed the ACLs beginning in 2015, only 1 year of recreational 
landings is available to compare to the recreational ACL. NMFS has 
determined that the recreational ACT for Atlantic migratory group cobia 
will be reached by June 20, 2016. Accordingly, the recreational harvest 
of Atlantic migratory group cobia will be closed at 12:01 a.m., local 
time, on June 20, 2016, and remain closed until 12:01 a.m., local time, 
January 1, 2017.
    During the recreational closure, the possession limit of two cobia 
per day remains in effect (50 CFR 622.383(b)) for Atlantic migratory 
group cobia that are sold. The possession limit applies to cobia 
harvested in or from the EEZ in the Mid-Atlantic or South Atlantic, 
regardless of the number of trips or duration of a trip. In addition, a 
person who fishes in the EEZ may not combine this harvest limitation 
with a harvest limitation applicable to state waters. Atlantic 
migratory group cobia taken in the EEZ may not be transferred at sea, 
regardless of where such transfer takes place, and may not be 
transferred in the EEZ.

[[Page 12602]]

    Because the commercial AM has not been triggered in 2016, this is 
only for the recreational sector. The commercial quota for Atlantic 
migratory group cobia is 50,000 lb (22,680 kg), round weight, for the 
current fishing year, January 1 through December 31, 2016, as specified 
in 50 CFR 622.384(d)(2). The sale or purchase of Atlantic migratory 
group cobia taken under the possession limit is allowed until the 
commercial quota is reached or is projected to be reached. If cobia 
landings that are sold reach or are projected to reach the commercial 
quota specified in Sec.  622.384(d)(2), the Assistant Administrator for 
Fisheries, NOAA (AA), will file a notification with the Office of the 
Federal Register to prohibit the sale and purchase of cobia for the 
remainder of the fishing year through December 31, 2016.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
Atlantic migratory group cobia and is consistent with the Magnuson-
Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.388(f)(2) and is exempt from 
review under Executive Order 12866.
    These measures are exempt from the procedures of the Regulatory 
Flexibility Act because the temporary rule is issued without 
opportunity for prior notice and comment.
    This action is based on the best scientific information available. 
The AA finds good cause to waive the requirements to provide prior 
notice and opportunity for public comment, pursuant to the authority 
set forth at 5 U.S.C. 553(b)(B), as such prior notice and opportunity 
for public comment is unnecessary and contrary to the public interest. 
Such procedures are unnecessary and contrary to the public interest 
because the AMs for Atlantic migratory group cobia established by 
Amendment 18 to the FMP, and located at 50 CFR 622.388(f)(1)(i), have 
already been subject to notice and comment, and all that remains is to 
notify the public of the recreational closure in the 2016 fishing year. 
Prior notice and opportunity for public comment on this action would be 
contrary to the public interest, because many of those affected by the 
length of the recreational fishing season, particularly charter vessel 
and headboat operations that book trips for clients in advance, need as 
much advance notice as NMFS is able to provide to adjust their business 
plans to account for the reduced recreational fishing season.
    For the aforementioned reasons, the AA also finds good cause to 
waive the 30-day delay in the effectiveness of this action under 5 
U.S.C. 553(d)(3).

    Authority: 16 U.S.C. 1801 et seq.

    Dated: March 7, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-05393 Filed 3-9-16; 8:45 am]
 BILLING CODE 3510-22-P