Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2016 Commercial Accountability Measures and Closure for Atlantic Migratory Group Cobia, 86973-86974 [2016-28904]

Download as PDF Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Rules and Regulations Classification The Regional Administrator, Southeast Region, NMFS has determined that this final rule is consistent with Amendment 45, the FMP, the Magnuson-Stevens Act, and other applicable law. This final rule has been determined to be not significant for purposes of Executive Order 12866. The Magnuson-Stevens Act provides the statutory basis for this rule. No duplicative, overlapping, or conflicting Federal rules have been identified. In addition, no new reporting, recordkeeping, or other compliance requirements are introduced by this final rule. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this rule would not have a significant economic impact on a substantial number of small entities. The factual basis for this determination was published in the proposed rule and is not repeated here. No significant issues were received regarding the certification by public comments on the proposed rule, no changes were made to the rule in response to such comments, and NMFS has not received any new information that would affect its determination. As a result, a final regulatory flexibility analysis is not required and none was prepared. List of Subjects in 50 CFR Part 622 Fisheries, Fishing, Gulf, Quotas, Recreational, Red snapper. Dated: November 28, 2016. Samuel D. Rauch III, Deputy Assustant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 622 is amended as follows: PART 622—FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH ATLANTIC 1. The authority citation for part 622 continues to read as follows: ■ Authority: 16 U.S.C. 1801 et seq. 2. In § 622.39, revise paragraphs (a)(2)(i)(B) and (C) to read as follows: jstallworth on DSK7TPTVN1PROD with RULES ■ § 622.39 Quotas. * * * * * (a) * * * (2) * * * (i) * * * (B) Federal charter vessel/headboat component quota. The Federal charter VerDate Sep<11>2014 14:49 Dec 01, 2016 Jkt 241001 vessel/headboat component quota applies to vessels that have been issued a valid Federal charter vessel/headboat permit for Gulf reef fish any time during the fishing year. This component quota is effective for only the 2015 through 2022 fishing years. For the 2023 and subsequent fishing years, the applicable total recreational quota, specified in paragraph (a)(2)(i)(A) of this section, will apply to the recreational sector. (1) For fishing year 2015—2.964 million lb (1.344 million kg), round weight. (2) For fishing year 2016—3.042 million lb (1.380 million kg), round weight. (3) For fishing years 2017 through 2022—2.993 million lb (1.358 million kg), round weight. (C) Private angling component quota. The private angling component quota applies to vessels that fish under the bag limit and have not been issued a Federal charter vessel/headboat permit for Gulf reef fish any time during the fishing year. This component quota is effective for only the 2015 through 2022 fishing years. For the 2023 and subsequent fishing years, the applicable total recreational quota, specified in paragraph (a)(2)(i)(A) of this section, will apply to the recreational sector. (1) For fishing year 2015—4.043 million lb (1.834 million kg), round weight. (2) For fishing year 2016—4.150 million lb (1.882 million kg), round weight. (3) For fishing years 2017 through 2022—4.083 million lb (1.852 million kg), round weight. * * * * * ■ 3. In § 622.41, revise paragraphs (q)(2)(iii)(B) and (C) to read as follows: § 622.41 Annual catch limits (ACLs), annual catch targets (ACTs), and accountability measures (AMs). * * * * * (q) * * * (2) * * * (iii) * * * (B) Federal charter vessel/headboat component ACT. The Federal charter vessel/headboat component ACT applies to vessels that have been issued a valid Federal charter vessel/headboat permit for Gulf reef fish any time during the fishing year. This component ACT is effective for only the 2015 through 2022 fishing years. For the 2023 and subsequent fishing years, the applicable total recreational ACT, specified in paragraph (q)(2)(iii)(A) of this section, will apply to the recreational sector. (1) For fishing year 2015—2.371 million lb (1.075 million kg), round weight. PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 86973 (2) For fishing year 2016—2.434 million lb (1.104 million kg), round weight. (3) For fishing years 2017 through 2022—2.395 million lb (1.086 million kg), round weight. (C) Private angling component ACT. The private angling component ACT applies to vessels that fish under the bag limit and have not been issued a Federal charter vessel/headboat permit for Gulf reef fish any time during the fishing year. This component ACT is effective for only the 2015 through 2022 fishing years. For the 2023 and subsequent fishing years, the applicable total recreational ACT, specified in paragraph (q)(2)(iii)(A) of this section, will apply to the recreational sector. (1) For fishing year 2015—3.234 million lb (1.467 million kg), round weight. (2) For fishing year 2016—3.320 million lb (1.506 million kg), round weight. (3) For fishing years 2017 through 2022—3.266 million lb (1.481 million kg), round weight. [FR Doc. 2016–28905 Filed 12–1–16; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 101206604–1758–02] RIN 0648–XF056 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2016 Commercial Accountability Measures and Closure for Atlantic Migratory Group Cobia National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: 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 on December 6, 2016, and it will remain closed until the start of the next fishing year on January 1, 2017. This closure is necessary to protect the resource of Atlantic migratory group cobia. SUMMARY: E:\FR\FM\02DER1.SGM 02DER1 86974 Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Rules and Regulations This rule is effective from 12:01 a.m., local time, December 6, 2016, until 12:01 a.m., local time, January 1, 2017. FOR FURTHER INFORMATION CONTACT: Frank Helies, NMFS Southeast Regional Office, telephone: 727–824–5305, email: frank.helies@noaa.gov. 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°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 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 quotas, annual catch limits, 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 recreationallycaught. jstallworth on DSK7TPTVN1PROD with RULES DATES: VerDate Sep<11>2014 14:49 Dec 01, 2016 Jkt 241001 The commercial quota for Atlantic migratory group cobia is 50,000 lb (22,680 kg), round or gutted weight, for the 2016 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 § 622.384(d)(2). The commercial AM is triggered for 2016, because NMFS projects that commercial landings of Atlantic migratory group cobia have reached the commercial quota. Accordingly, the commercial sector for Atlantic migratory group cobia is closed at 12:01 a.m., local time, on December 6, 2016, and remains closed until 12:01 a.m., local time, January 1, 2017. During the commercial closure, the sale and purchase of Atlantic migratory group cobia is prohibited. Additionally, on June 20, 2016, NMFS closed the recreational sector for Atlantic migratory group cobia for the remainder of the 2016 fishing year, because the recreational annual catch target was projected to be reached (81 FR 12601, March 10, 2016). Therefore, the possession limit for recreational Atlantic migratory group cobia is zero for the remainder of the 2016 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, December 6, 2016, and were held in cold storage by a dealer or processor. The commercial and recreational sectors for Atlantic migratory group cobia will re-open at the beginning of the 2017 fishing year on January 1, 2017. Classification The Regional Administrator for the NMFS Southeast Region has determined PO 00000 Frm 00070 Fmt 4700 Sfmt 9990 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 2016 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: November 28, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016–28904 Filed 12–1–16; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\02DER1.SGM 02DER1

Agencies

[Federal Register Volume 81, Number 232 (Friday, December 2, 2016)]
[Rules and Regulations]
[Pages 86973-86974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28904]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 101206604-1758-02]
RIN 0648-XF056


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2016 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 on December 6, 2016, and it will remain 
closed until the start of the next fishing year on January 1, 2017. 
This closure is necessary to protect the resource of Atlantic migratory 
group cobia.

[[Page 86974]]


DATES: This rule is effective from 12:01 a.m., local time, December 6, 
2016, until 12:01 a.m., local time, January 1, 2017.

FOR FURTHER INFORMATION CONTACT: Frank Helies, NMFS Southeast Regional 
Office, telephone: 727-824-5305, email: frank.helies@noaa.gov.

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 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 quotas, annual catch limits, 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 commercial quota for Atlantic migratory group cobia is 50,000 
lb (22,680 kg), round or gutted weight, for the 2016 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 2016, because NMFS projects that commercial landings of Atlantic 
migratory group cobia have reached the commercial quota. Accordingly, 
the commercial sector for Atlantic migratory group cobia is closed at 
12:01 a.m., local time, on December 6, 2016, and remains closed until 
12:01 a.m., local time, January 1, 2017.
    During the commercial closure, the sale and purchase of Atlantic 
migratory group cobia is prohibited. Additionally, on June 20, 2016, 
NMFS closed the recreational sector for Atlantic migratory group cobia 
for the remainder of the 2016 fishing year, because the recreational 
annual catch target was projected to be reached (81 FR 12601, March 10, 
2016). Therefore, the possession limit for recreational Atlantic 
migratory group cobia is zero for the remainder of the 2016 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, December 6, 2016, and were held in 
cold storage by a dealer or processor.
    The commercial and recreational sectors for Atlantic migratory 
group cobia will re-open at the beginning of the 2017 fishing year on 
January 1, 2017.

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 
2016 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: November 28, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-28904 Filed 12-1-16; 8:45 am]
BILLING CODE 3510-22-P
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