Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2016 Recreational Accountability Measure and Closure for Atlantic Migratory Group Cobia, 12601-12602 [2016-05393]

Download as PDF Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Rules and Regulations Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. information contained therein, if determined to be releasable, shall be provided. * * * * * ■ 11. In § 2508.15, revise the first sentence of paragraph (b)(1) to read as follows: § 2508.15 What are the procedures for requesting inspection of, amendment or correction to, or appeal of an individual’s records maintained by the Corporation other than that individual’s official personnel file? * * * * * (b) * * * (1) In the event an individual, after examination of his or her record, desires to request an amendment or correction of such records, the request must be submitted in writing and addressed to the Corporation for National and Community Service, Office of the General Counsel, Attn: Privacy Act Officer, 250 E Street SW., Washington, DC 20525. * * * * * * * * ■ 12. In § 2508.16, revise the first sentence of paragraph (a) to read as follows: § 2508.16 What are the procedures for filing an appeal for refusal to amend or correct records? (a) In the event an individual desires to appeal any refusal to correct or amend records, he or she may do so by addressing, in writing, such appeal to the Corporation for National and Community Service, Office of the Chief Operating Officer, Attn: Appeal Officer, 250 E Street SW., Washington, DC 20525. * * * * * * * * Dated: March 4, 2016. Jeremy Joseph, General Counsel. [FR Doc. 2016–05347 Filed 3–9–16; 8:45 am] BILLING CODE 6050–28–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 101206604–1758–02] jstallworth on DSK7TPTVN1PROD with RULES RIN 0648–XE445 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2016 Recreational Accountability Measure and Closure for Atlantic Migratory Group Cobia National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: VerDate Sep<11>2014 14:38 Mar 09, 2016 Jkt 238001 NMFS implements accountability measures (AMs) for Atlantic migratory group cobia that are not sold (recreational) in the exclusive economic zone (EEZ) of the South Atlantic. NMFS projects that recreational landings of Atlantic migratory group cobia will reach the recreational annual catch target (ACT) by June 20, 2016. Therefore, NMFS closes the recreational sector for Atlantic migratory group cobia on June 20, 2016, and it will remain closed for the remainder of the fishing year through December 31, 2016. This closure is necessary to protect the resource of Atlantic migratory group cobia. SUMMARY: This rule is effective from 12:01 a.m., local time, June 20, 2016, until 12:01 a.m., local time, January 1, 2017. FOR FURTHER INFORMATION CONTACT: Karla Gore, NMFS Southeast Regional Office, telephone: 727–824–5305, email: karla.gore@noaa.gov. SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic fish (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 MagnusonStevens 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 for Atlantic migratory group cobia occurs at a line that extends due east of the Florida/ Georgia border at 30°42′45.6″ N. latitude. The northern boundary for Atlantic migratory group cobia is at the jurisdictional boundary between the Mid-Atlantic and New England Fishery Management Councils. As specified in 50 CFR 600.105(a), the northern boundary begins at the intersection point of Connecticut, Rhode Island, and New York at 41°18′16.249″ N. latitude and 71°54′28.477″ W. longitude and proceeds south along 37°22′32.75″ E. longitude to the point of intersection with the outward boundary of the EEZ as specified in the Magnuson-Stevens Act. DATES: PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 12601 Atlantic migratory group cobia are unique among federally managed species in the southeast region, because no Federal 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 migratory group cobia that are sold are considered commerciallycaught, and those that are not sold are considered recreationally-caught. The AMs specified at 50 CFR 622.388(f)(2)(i) require that for the recreational sector of Atlantic migratory group cobia, if the sum of the commercial and recreational landings exceed the stock ACL (commercial ACL plus recreational ACL), NMFS must file a notice with the Office of the Federal Register at or near the beginning of the following fishing year to reduce the length of the fishing season by the amount necessary to ensure landings may achieve the applicable recreational ACT, but do not exceed the applicable recreational ACL. The recreational AM is triggered for 2016, because although commercial landings did not exceed the commercial ACL (commercial quota) in 2015, the recreational landings exceeded both the recreational ACL and the stock ACL. Because Amendment 20B to the FMP changed the ACLs beginning in 2015, only 1 year of recreational landings is available to compare to the recreational ACL. NMFS has determined that the recreational ACT for Atlantic migratory group cobia will be reached by June 20, 2016. Accordingly, the recreational harvest of Atlantic migratory group cobia will be closed at 12:01 a.m., local time, on June 20, 2016, and remain closed until 12:01 a.m., local time, January 1, 2017. During the recreational closure, the possession limit of two cobia per day remains in effect (50 CFR 622.383(b)) for Atlantic migratory group cobia that are sold. The possession limit applies to cobia harvested in or from the EEZ in the 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 migratory group 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. E:\FR\FM\10MRR1.SGM 10MRR1 12602 Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Rules and Regulations jstallworth on DSK7TPTVN1PROD with RULES Because the commercial AM has not been triggered in 2016, this is only for the recreational sector. The commercial quota for Atlantic migratory group cobia is 50,000 lb (22,680 kg), round weight, for the current fishing year, January 1 through December 31, 2016, as specified in 50 CFR 622.384(d)(2). The sale or purchase of Atlantic migratory group cobia taken under the possession limit is allowed until the commercial quota is reached or is projected to be reached. If cobia landings that are sold reach or are projected to reach the commercial quota specified in § 622.384(d)(2), the Assistant Administrator for Fisheries, NOAA (AA), will 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 through December 31, 2016. Classification The Regional Administrator, Southeast Region, NMFS, 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)(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 is based on 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 and contrary to the public interest because the AMs for Atlantic migratory group cobia established by Amendment 18 to the FMP, and located at 50 CFR 622.388(f)(1)(i), have already been subject to notice and comment, and all that remains is to notify the public of the recreational closure in the 2016 fishing year. Prior notice and opportunity for public comment on this action would be contrary to the public interest, because many of those affected by the length of the recreational fishing season, particularly charter vessel and headboat operations that book trips for clients in advance, need as much advance notice as NMFS is able to provide to adjust their business plans to account for the reduced recreational fishing season. VerDate Sep<11>2014 14:38 Mar 09, 2016 Jkt 238001 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: March 7, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016–05393 Filed 3–9–16; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 150413357–5999–02] RIN 0648–XE484 Atlantic Highly Migratory Species; Commercial Blacktip Sharks, Aggregated Large Coastal Sharks, and Hammerhead Sharks in the Western Gulf of Mexico Sub-Region National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is closing the commercial fishery for blacktip sharks and the aggregated large coastal sharks (LCS) and hammerhead shark management groups in the western Gulf of Mexico sub-region. This action is necessary because the commercial landings of aggregated LCS and hammerhead sharks in the western Gulf of Mexico sub-region for the 2016 fishing season have exceeded 80 percent of the available commercial quota as of March 4, 2016, and the aggregated LCS and hammerhead shark management groups are quota-linked under the current regulations. The blacktip shark fishery in the western Gulf of Mexico sub-region will be closed to minimize regulatory discards of aggregate LCS in the western Gulf of Mexico sub-region, which are often caught in conjunction with blacktip sharks in the commercial shark fisheries. This closure will affect anyone commercially fishing for sharks in the western Gulf of Mexico subregion. SUMMARY: The commercial fishery for blacktip sharks and the aggregated LCS and hammerhead shark management groups in the western Gulf of Mexico sub-region are closed effective 11:30 p.m. local time March 12, 2016, until the end of the 2016 fishing season on DATES: PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 December 31, 2016, or until and if NMFS announces via a notice in the Federal Register that additional quota is available and the season is reopened. FOR FURTHER INFORMATION CONTACT: Guy DuBeck or Karyl Brewster-Geisz, 301– 427–8503; fax 301–713–1917. SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed under the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management Plan (FMP), its amendments, and implementing regulations (50 CFR part 635) issued under authority of the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). Under § 635.5(b)(1), dealers must electronically submit reports on sharks that are first received from a vessel on a weekly basis through a NMFSapproved electronic reporting system. Reports must be received by no later than midnight, local time, of the first Tuesday following the end of the reporting week unless the dealer is otherwise notified by NMFS. Under § 635.28(b)(4), the quotas of certain species and/or management groups are linked. If quotas are linked, when the specified quota threshold for one management group or species is reached and that management group or species is closed, the linked management group or species closes at the same time (§ 635.28(b)(3)). The quotas for aggregated LCS and the hammerhead shark management groups in the western Gulf of Mexico sub-region are linked (§ 635.28(b)(4)(iii)). The blacktip shark quota in the western Gulf of Mexico sub-region is not linked to the aggregated LCS or hammerhead shark quotas. Regulations at § 635.28(b)(2) and (b)(5) authorize the closure of the blacktip shark fishery in the Gulf of Mexico at a regional or sub-regional level when landings have reached or are expected to reach 80 percent of the quota or, after considering certain criteria and relevant factors, before those situations occur. Under § 635.28(b)(2) and (3), when NMFS calculates that the landings for any species and/or management group of either a non-linked or a linked group have reached or are projected to reach a threshold of 80 percent of the available quota, NMFS will file for publication with the Office of the Federal Register a notice of closure for all of the species and/or management groups of either a non-linked or linked group that will be effective no fewer than 5 days from date of filing. From the effective date and time of the closure until and if NMFS announces, via a E:\FR\FM\10MRR1.SGM 10MRR1

Agencies

[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Rules and Regulations]
[Pages 12601-12602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05393]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 101206604-1758-02]
RIN 0648-XE445


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2016 Recreational Accountability Measure 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 South Atlantic. NMFS projects that 
recreational landings of Atlantic migratory group cobia will reach the 
recreational annual catch target (ACT) by June 20, 2016. Therefore, 
NMFS closes the recreational sector for Atlantic migratory group cobia 
on June 20, 2016, and it will remain closed for the remainder of the 
fishing year through December 31, 2016. 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, June 20, 
2016, until 12:01 a.m., local time, January 1, 2017.

FOR FURTHER INFORMATION CONTACT: Karla Gore, NMFS Southeast Regional 
Office, telephone: 727-824-5305, email: karla.gore@noaa.gov.

SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic 
fish (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 
for Atlantic migratory group cobia occurs at a line that extends due 
east of the Florida/Georgia border at 30[deg]42'45.6'' N. latitude. The 
northern boundary for Atlantic migratory group cobia is at the 
jurisdictional boundary between the Mid-Atlantic and New England 
Fishery Management Councils. As specified in 50 CFR 600.105(a), the 
northern boundary begins at the intersection point of Connecticut, 
Rhode Island, and New York at 41[deg]18'16.249'' N. latitude and 
71[deg]54'28.477'' W. longitude and proceeds south along 
37[deg]22'32.75'' E. longitude to the point of intersection with the 
outward boundary of the EEZ as specified in the Magnuson-Stevens Act.
    Atlantic migratory group cobia are unique among federally managed 
species in the southeast region, because no Federal 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 migratory group cobia that are sold are considered 
commercially-caught, and those that are not sold are considered 
recreationally-caught.
    The AMs specified at 50 CFR 622.388(f)(2)(i) require that for the 
recreational sector of Atlantic migratory group cobia, if the sum of 
the commercial and recreational landings exceed the stock ACL 
(commercial ACL plus recreational ACL), NMFS must file a notice with 
the Office of the Federal Register at or near the beginning of the 
following fishing year to reduce the length of the fishing season by 
the amount necessary to ensure landings may achieve the applicable 
recreational ACT, but do not exceed the applicable recreational ACL.
    The recreational AM is triggered for 2016, because although 
commercial landings did not exceed the commercial ACL (commercial 
quota) in 2015, the recreational landings exceeded both the 
recreational ACL and the stock ACL. Because Amendment 20B to the FMP 
changed the ACLs beginning in 2015, only 1 year of recreational 
landings is available to compare to the recreational ACL. NMFS has 
determined that the recreational ACT for Atlantic migratory group cobia 
will be reached by June 20, 2016. Accordingly, the recreational harvest 
of Atlantic migratory group cobia will be closed at 12:01 a.m., local 
time, on June 20, 2016, and remain closed until 12:01 a.m., local time, 
January 1, 2017.
    During the recreational closure, the possession limit of two cobia 
per day remains in effect (50 CFR 622.383(b)) for Atlantic migratory 
group cobia that are sold. The possession limit applies to cobia 
harvested in or from the EEZ in the 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 
migratory group 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.

[[Page 12602]]

    Because the commercial AM has not been triggered in 2016, this is 
only for the recreational sector. The commercial quota for Atlantic 
migratory group cobia is 50,000 lb (22,680 kg), round weight, for the 
current fishing year, January 1 through December 31, 2016, as specified 
in 50 CFR 622.384(d)(2). The sale or purchase of Atlantic migratory 
group cobia taken under the possession limit is allowed until the 
commercial quota is reached or is projected to be reached. If cobia 
landings that are sold reach or are projected to reach the commercial 
quota specified in Sec.  622.384(d)(2), the Assistant Administrator for 
Fisheries, NOAA (AA), will 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 through December 31, 2016.

Classification

    The Regional Administrator, Southeast Region, NMFS, 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)(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 is based on 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 and contrary to the public interest 
because the AMs for Atlantic migratory group cobia established by 
Amendment 18 to the FMP, and located at 50 CFR 622.388(f)(1)(i), have 
already been subject to notice and comment, and all that remains is to 
notify the public of the recreational closure in the 2016 fishing year. 
Prior notice and opportunity for public comment on this action would be 
contrary to the public interest, because many of those affected by the 
length of the recreational fishing season, particularly charter vessel 
and headboat operations that book trips for clients in advance, need as 
much advance notice as NMFS is able to provide to adjust their business 
plans to account for the reduced recreational fishing season.
    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: March 7, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-05393 Filed 3-9-16; 8:45 am]
 BILLING CODE 3510-22-P