[Federal Register Volume 85, Number 214 (Wednesday, November 4, 2020)]
[Rules and Regulations]
[Pages 70085-70086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24431]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 181009921-8999-02; RTID 0648-XA604]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2020 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 off Georgia through New York. NMFS projects that 
commercial landings of Atlantic cobia will reach the commercial quota 
on November 6, 2020. Therefore, NMFS closes the commercial sector for 
Atlantic cobia in Federal waters from November 6, 2020, until the start 
of the next fishing year on January 1, 2021. This closure is necessary 
to protect the Atlantic cobia resource.

DATES: This temporary rule is effective at 12:01 a.m. eastern time on 
November 6, 2020, until 12:01 a.m. eastern time on January 1, 2021.

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

[[Page 70086]]

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 
latitude. 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).
    Atlantic cobia are unique among federally managed species in the 
U.S. 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. 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 pounds (lb) (22,680 kilograms (kg)) in round 
or gutted weight for the 2020 fishing year, which runs from January 1 
through December 31.
    Regulations for the commercial sector of Atlantic cobia at 50 CFR 
697.28(f)(1) require 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 November 6, 2020. Accordingly, 
the commercial sector for Atlantic cobia is closed in Federal waters 
beginning on November 6, 2020, and will remain closed until the start 
of the next fishing year on January 1, 2021.
    During the commercial closure, the sale and purchase of Atlantic 
cobia is prohibited. The recreational bag and possession limits for 
Atlantic cobia apply while the recreational sector is open (50 CFR 
697.28(e)). The prohibition on sale and purchase does not apply to 
Atlantic cobia that were harvested, landed ashore, and sold before 
November 6, 2020, and were held in cold storage by a dealer or 
processor.

Classification

    NMFS issues this action pursuant to the Atlantic Coastal Act. This 
action is required by 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.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment as such procedures are 
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 2020 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, there is good cause under 5 U.S.C. 
553(d)(3) to waive the 30-day delay in the effective date of this 
action.

    Authority: 16 U.S.C. 5101 et seq.

    Dated: October 30, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-24431 Filed 11-3-20; 8:45 am]
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