[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Rules and Regulations]
[Pages 75516-75517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26768]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 697

[Docket No. 211101-0222; RTID 0648-XC572]


Fisheries of the Atlantic; Atlantic Migratory Group Cobia; 2022 
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 in Federal waters off Georgia 
through New York for Atlantic migratory group cobia (Atlantic cobia) 
that are harvested and sold (commercial). Commercial landings of 
Atlantic cobia are projected to reach the commercial quota on December 
16, 2022. Therefore, NMFS closes the commercial sector for Atlantic 
cobia in Federal waters from December 16, 2022, until the start of the 
next fishing year on January 1, 2023. This closure is necessary to 
protect the Atlantic cobia resource.

DATES: This temporary rule is effective at 12:01 a.m. eastern time on 
December 16, 2022, until 12:01 a.m. eastern time on January 1, 2023.

FOR FURTHER INFORMATION CONTACT: Frank Helies, 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 (50 CFR 697.2(a)). 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). The 
fishing year for Atlantic cobia is January 1 through December 31 (50 
CFR 697.28(a)).
    Amendment 31 to the Fishery Management Plan (FMP) for Coastal 
Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region 
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).
    The Atlantic States Marine Fisheries Commission (ASMFC) approved 
Amendment 1 to the Interstate FMP for Atlantic Cobia in 2019 and 
Addendum 1 to Amendment 1 in 2020. Amendment 1 and Addendum 1 provided 
for an increase in the commercial quota and transferred quota 
monitoring responsibility to the ASMFC. NMFS subsequently issued 
comparable regulations for Amendment 1 and Addendum 1 on November 8, 
2021 (86 FR 61714, November 8, 2021). That final rule increased the 
commercial quota to 73,116 lb (33,165 kg) and transferred quota 
monitoring responsibility from NMFS to the ASMFC (50 CFR 697.28(f)(1)). 
Additionally as described in that final rule, during the fishing year, 
if the ASMFC estimates that the sum of commercial landings (cobia that 
are sold), reaches or is projected to reach the commercial quota, then 
the ASMFC will notify NMFS of the need for a commercial closure of 
Atlantic Federal waters for Atlantic cobia (50 CFR 697.28(f)(1)).
    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 harvested and sold are considered commercially caught, 
and those that are harvested and not sold are considered recreationally 
caught.
    On November 16, 2022, the ASMFC notified NMFS that commercial 
landings information indicates that the commercial quota is estimated 
to be met by December 16, 2022. Accordingly, the ASMFC requested that 
NMFS close commercial harvest of Atlantic cobia in Atlantic Federal 
waters on December 16, 2022, to prevent the commercial quota from being 
exceeded.
    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 harvest, sale, trade, barter, or 
purchase of Atlantic cobia for the remainder of the fishing year when 
commercial landings reach or are projected to reach the commercial 
quota

[[Page 75517]]

specified in 50 CFR 697.28(f)(1). Accordingly, the commercial sector 
for Atlantic cobia is closed in Federal waters beginning on December 
16, 2022, and will remain closed until the start of the next fishing 
year on January 1, 2023.
    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 December 16, 2022, 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 and closure provisions 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 2022 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 likely 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: December 5, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-26768 Filed 12-8-22; 8:45 am]
BILLING CODE 3510-22-P