[Federal Register Volume 82, Number 15 (Wednesday, January 25, 2017)]
[Rules and Regulations]
[Pages 8363-8364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00785]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 101206604-1758-02]
RIN 0648-XF106


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2017 Recreational Accountability Measures and Closure for Atlantic 
Migratory Group Cobia

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS implements accountability measures (AMs) for Atlantic 
migratory group cobia that are not sold (recreational) in the exclusive 
economic zone (EEZ) of the Atlantic. In 2015 and 2016, recreational 
landings of Atlantic migratory group cobia (Atlantic cobia) exceeded 
the stock annual catch limit (ACL), and therefore, AMs for the 
recreational sector are triggered for 2017. NMFS closes the 
recreational sector for Atlantic cobia in Federal waters on January 24, 
2017, and it will remain closed for the remainder of the fishing year 
through December 31, 2017. This closure is necessary to protect the 
resource of Atlantic cobia.

DATES: This rule is effective from 12:01 a.m., local time, January 24, 
2017, until 12:01 a.m., local time, January 1, 2018.

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

SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic 
fish, which includes 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 in 
Federal waters for Atlantic cobia is a line that extends due east of 
the Florida and Georgia state border at 30[deg]42'45.6'' N. lat. The 
northern boundary in Federal waters for Atlantic cobia is at the 
jurisdictional boundary between the Mid-Atlantic and New England 
Fishery Management Councils. The northern boundary begins at the 
intersection point of the state waters of Connecticut, Rhode Island, 
and New York at 41[deg]18'16.249'' N. lat. and 71[deg]54'28.477'' W. 
long. and proceeds southeast in Federal waters to 37[deg]22'32.75'' N. 
lat. and the intersection point with the outward boundary of the EEZ as 
specified in the Magnuson-Stevens Act.
    Cobia in the Gulf of Mexico and Atlantic are unique among Federally 
managed species in the southeast region, because no 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 cobia that are sold are considered commercially caught, and 
those that are not sold are considered recreationally caught. All 
weights in this temporary rule are in round and gutted weight.
    The AMs specified at 50 CFR 622.388(f)(2)(i) require NMFS, if 
commercial and recreational landings combined exceed the stock ACL, to 
reduce the length of the following fishing season by the amount 
necessary to ensure landings may achieve the applicable recreational 
annual catch target, but do not exceed the applicable recreational ACL 
in that following fishing year, by filing a notification with the 
Office of the Federal Register. By reducing the length of the following 
fishing season, NMFS would close the recreational sector for Atlantic 
cobia prior to the end of the fishing year.
    NMFS has determined that total landings of Atlantic cobia exceeded 
the 2016 stock ACL of 670,000 lb (303,907 kg). Thus, the recreational 
AM, to shorten the following recreational fishing season, is triggered 
for 2017.
    NMFS expects that recreational harvest of cobia will remain open in

[[Page 8364]]

state waters from Georgia through New York despite a closure in Federal 
waters and that the stock ACL in 2017 is expected to be exceeded, 
because historical recreational landings of cobia in state waters from 
Georgia through New York have represented 87 percent of total 
recreational landings from state and Federal waters. Accordingly, the 
recreational sector for Atlantic cobia will be closed at 12:01 a.m., 
local time, on January 24, 2017, and remain closed until the start of 
the next fishing year on January 1, 2018.
    During the recreational closure, the possession limit of two cobia 
per day remains in effect (50 CFR 622.383(b)) for Atlantic cobia that 
are sold. The possession limit applies to cobia harvested in or from 
the EEZ in the Gulf of Mexico, 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 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.
    The commercial quota for Atlantic cobia is 50,000 lb (22,680 kg), 
round weight, for the current fishing year, January 1 through December 
31, 2017, as specified in 50 CFR 622.384(d)(2). The sale or purchase of 
Atlantic cobia taken under the possession limit is allowed until the 
commercial quota is reached or is projected to be reached. If 
commercial landings of Atlantic cobia reach or are projected to reach 
the commercial quota specified in Sec.  622.384(d)(2), the Assistant 
Administrator for NOAA Fisheries (AA) will file a notification with the 
Office of the Federal Register to prohibit the sale and purchase of 
Atlantic cobia for the remainder of the 2017 fishing year.

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined this temporary rule is necessary for the conservation and 
management of Atlantic 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 responds to 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 because the AMs for Atlantic cobia have 
already been subject to notice and comment, and all that remains is to 
notify the public of the recreational closure for the remainder of the 
2017 fishing year. Additionally, there is a need to immediately 
implement the closure to prevent further recreational harvest and 
prevent its ACL from being exceeded, which will protect the Atlantic 
cobia resource. Prior notice and opportunity for public comment on this 
action would be contrary to the public interest, because those affected 
by the closure need as much advance notice as NMFS is able to provide.
    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: January 10, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-00785 Filed 1-24-17; 8:45 am]
 BILLING CODE 3510-22-P