[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Rules and Regulations]
[Pages 41563-41564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18611]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 101206604-1758-02]
RIN 0648-XF652


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2017 Commercial 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 sold (commercial) and harvested from the 
exclusive economic zone (EEZ) of the Atlantic. NMFS projects that 
commercial landings of Atlantic migratory group cobia have reached the 
commercial quota. Therefore, NMFS closes the commercial sector for 
Atlantic migratory group cobia in the EEZ on September 5, 2017, and it 
will remain closed until the next fishing year that begins on January 
1, 2018. 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, September 5, 
2017, until 12:01 a.m., local time, January 1, 2018.

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

SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic 
fish includes king mackerel, Spanish mackerel, and cobia, and 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 then 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 and Georgia state border at 
30[deg]42'45.6'' N. lat. The northern boundary for Atlantic migratory 
group cobia is the jurisdictional boundary between the Mid-Atlantic and 
New England Fishery Management Councils, as specified in 50 CFR 
600.105(a).
    Atlantic migratory group cobia 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 quotas, annual catch limits, and AMs for cobia that 
are sold and cobia that are not sold. However, for purposes of this 
temporary

[[Page 41564]]

rule, Atlantic migratory group cobia that are sold are considered 
commercially caught, and those that are not sold are considered 
recreationally caught.
    The commercial quota for Atlantic migratory group cobia is 50,000 
lb (22,680 kg), round or gutted weight, for the 2017 fishing year, from 
January 1 through December 31, as specified in 50 CFR 622.384(d)(2).
    The AMs for the commercial sector of Atlantic migratory group 
cobia, specified at 50 CFR 622.388(f)(1)(i), require that NMFS 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 if 
commercial landings reach or are projected to reach the commercial 
quota specified in Sec.  622.384(d)(2). The commercial AM is triggered 
for 2017, because NMFS projects that commercial landings of Atlantic 
migratory group cobia will reach the commercial quota on August 30, 
2017. Accordingly, the commercial sector for Atlantic migratory group 
cobia is closed in the EEZ at 12:01 a.m., local time, on September 5, 
2017, and remains closed until it reopens at 12:01 a.m., local time, 
January 1, 2018.
    During the commercial closure, the sale and purchase of Atlantic 
migratory group cobia is prohibited. Additionally, on January 24, 2017, 
NMFS closed the recreational sector for Atlantic migratory group cobia 
in the EEZ for the remainder of the 2017 fishing year (82 FR 8363, 
January 25, 2017). Therefore, the possession limit for recreational 
Atlantic migratory group cobia in the EEZ is zero for the remainder of 
the 2017 fishing year. The prohibition on sale and purchase does not 
apply to Atlantic migratory group cobia that were harvested, landed 
ashore, and sold prior to 12:01 a.m., local time, September 5, 2017, 
and were held in cold storage by a dealer or processor.

Classification

    The Regional Administrator for the NMFS Southeast Region 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)(1)(i) 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 Assistant Administrator for NOAA Fisheries 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 migratory group cobia have 
already been subject to notice and comment, and all that remains is to 
notify the public of the commercial closure for the remainder of the 
2017 fishing year. Prior notice and opportunity for public comment on 
this action would be contrary to the public interest, because of the 
need to immediately implement the commercial closure to protect 
Atlantic migratory group cobia, since the capacity of the fishing fleet 
allows for rapid harvest of the commercial quota. Prior notice and 
opportunity for public comment would require time and would potentially 
result in a harvest that exceeds the commercial quota.
    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: August 29, 2017.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2017-18611 Filed 8-29-17; 4:15 pm]
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