[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Rules and Regulations]
[Pages 45924-45925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18926]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 181009921-8999-02]
RIN 0648-XS011
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2019 Commercial 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 a closure for Atlantic migratory group cobia
(Atlantic cobia) that are sold (commercial) and harvested from Atlantic
Federal waters. NMFS projects that commercial landings of Atlantic
cobia have reached the commercial quota. Therefore, NMFS closes the
commercial sector for Atlantic cobia in Federal waters on September 4,
2019, and it will remain closed until the start of the next fishing
year on January 1, 2020. This closure is necessary to protect the
Atlantic cobia resource.
DATES: This temporary rule is effective from September 4, 2019, through
December 31, 2019.
FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: The fishery for Atlantic cobia in Federal
waters is managed under the authority of the Atlantic Coastal Fisheries
Cooperative Management Act (Atlantic Coastal Act) by regulations at 50
CFR part 697.
Separate migratory groups of cobia are managed in the Gulf of
Mexico and Atlantic. Atlantic cobia is managed from Georgia through New
York. The southern boundary 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 for Atlantic cobia is the jurisdictional
boundary between the Mid-Atlantic and New England Fishery Management
Councils, as specified in 50 CFR 600.105(a).
Amendment 31 to the Fishery Management Plan (FMP) for Coastal
Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region
(Amendment 31) and the implementing final rule removed Atlantic cobia
from Federal management under the Magnuson-Stevens Fishery Conservation
and Management Act, while also implementing comparable regulations in
Federal waters under the Atlantic Coastal Act (84 FR 4733, February 19,
2019). Under the authority of the Atlantic Coastal Act, that final rule
implemented the same commercial quota, recreational bag and possession
limits, and commercial trip limits in Federal waters as had been in
place prior to implementation of Amendment 31.
Atlantic cobia are unique among federally managed species in the
southeast region, because no commercial permit is required to harvest
and sell them, and so the distinction between the commercial and
recreational sectors is not as clear as with other federally managed
species in the southeast region. 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.
As specified in 50 CFR 697.28(f)(1), the commercial quota for
Atlantic cobia is 50,000 lb (22,680 kg) in round or gutted weight for
the 2019 fishing year, which runs from January 1 through December 31.
The regulations for the commercial sector of Atlantic cobia,
specified at 50 CFR 697.28(f)(1), requires that NMFS file a
notification with the Office of the Federal Register to prohibit the
sale and purchase of Atlantic cobia for the remainder of the fishing
year if commercial landings reach or are projected to reach the
commercial quota specified in 50 CFR 697.28(f)(1). NMFS projects that
commercial landings of Atlantic cobia will reach the commercial quota
on September 4, 2019. Accordingly, the commercial sector for Atlantic
cobia is closed in Federal waters beginning on September 4, 2019, and
remains closed until the
[[Page 45925]]
start of the next fishing year on January 1, 2020.
During the commercial closure, the sale and purchase of Atlantic
cobia is prohibited. The recreational bag and possession limits for
Atlantic cobia, specified at 50 CFR 697.28(e), apply while the
recreational sector is open. The prohibition on sale and purchase does
not apply to Atlantic cobia that were harvested, landed ashore, and
sold before September 4, 2019, 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 cobia and is consistent with the Atlantic
Coastal Act and other applicable laws.
This action is taken under 50 CFR 697.28(f)(1) 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 (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 regulations associated with the commercial
quota for Atlantic 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 2019 fishing year. Prior notice and
opportunity for public comment on this action is contrary to the public
interest, because of the need to immediately implement the commercial
closure to protect Atlantic 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. 5101 et seq.
Dated: August 28, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-18926 Filed 8-28-19; 4:15 pm]
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