Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2019 Commercial Closure for Atlantic Migratory Group Cobia, 45924-45925 [2019-18926]

Download as PDF 45924 Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Rules and Regulations the continued existence of any endangered or threatened species, nor result in the destruction or adverse modification of their critical habitat. List of Subjects in 50 CFR Part 21 Exports, Hunting, Imports, Reporting and recordkeeping requirements, Transportation, Wildlife. Regulation Promulgation For the reasons described in the preamble, we hereby amend subchapter B of chapter I, title 50 of the Code of Federal Regulations, as set forth below: number of birds taken for each species, method of take, month(s) in which they were taken, county(ies) and State(s) in which they were taken, purpose of take, and disposition. Submit annual reports to the Pacific Region Migratory Bird Permit Office in Portland, Oregon, at the address shown at 50 CFR 2.2. Dated: July 18, 2019. Karen Budd-Falen, Deputy Solicitor for Parks and Wildlife, Exercising the Authority of the Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2019–18954 Filed 8–30–19; 8:45 am] BILLING CODE 4333–15–P PART 21—MIGRATORY BIRD PERMITS 1. The authority citation for part 21 continues to read as follows: ■ DEPARTMENT OF COMMERCE Authority: 16 U.S.C. 703–712. 2. Amend § 21.46 by revising the section heading, introductory text, and paragraphs (a), (b), and (f) to read as follows: ■ khammond on DSKBBV9HB2PROD with RULES § 21.46 Depredation order for depredating California scrub jays and Steller’s jays in Washington and Oregon. Landowners, sharecroppers, tenants, or their employees or agents actually engaged in the production of nut crops in Washington and Oregon may, without a permit, take California scrub jays (Aphelocoma californica) and Steller’s jays (Cyanocitta stelleri) when found committing or about to commit serious depredations to nut crops on the premises owned or occupied by such persons: Provided: (a) That California scrub jays and Steller’s jays may only be taken pursuant to this section between August 1 and December 1 in any year, in the Washington counties of Clark, Cowlitz, and Lewis; and the Oregon counties of Benton, Clackamas, Lane, Linn, Marion, Multnomah, Polk, Washington, and Yamhill. (b) That California scrub jays and Steller’s jays taken pursuant to this section shall not be transported or sold or offered for sale except that, such transportation within the area, as may be necessary to bury or otherwise destroy the carcasses of such birds is permitted: Provided, That the Director of the State agricultural department, college, or other public institution may requisition such California scrub jays and Steller’s jays killed as may be needed for scientific investigations. * * * * * (f) That any person authorized by this section to act under this depredation order must provide an annual report of take during the calendar year for each species by January 31st of the following year. The report must include the VerDate Sep<11>2014 15:43 Aug 30, 2019 Jkt 247001 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 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: 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: mary.vara@noaa.gov. 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 SUMMARY: PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 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°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 E:\FR\FM\03SER1.SGM 03SER1 Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Rules and Regulations 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. 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] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 180713633–9174–02] Classification khammond on DSKBBV9HB2PROD with RULES RIN 0648–XY007 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. VerDate Sep<11>2014 15:43 Aug 30, 2019 Jkt 247001 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; modification of a closure; request for comments. AGENCY: NMFS is opening directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters) length overall (LOA) using hook-and-line or pot gear in the Bering Sea and Aleutian Islands Management Area (BSAI). This action is necessary to fully use the 2019 total allowable catch of Pacific cod allocated to catcher vessels less than 60 feet LOA using hook-and-line or pot gear in the BSAI. DATES: Effective 1200 hours, Alaska local time (A.l.t.), September 1, 2019, through 2400 hours, A.l.t., December 31, 2019. Comments must be received at the following address no later than 4:30 p.m., A.l.t., September 18, 2019. ADDRESSES: Submit your comments, identified by NOAA–NMFS–2018–0089, by either of the following methods: • Federal e-Rulemaking Portal. Go to www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20180089, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Submit written comments to Glenn Merrill, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS, Attn: Records Office. Mail comments to P.O. Box 21668, Juneau, AK 99802–1668. Instructions: NMFS may not consider comments if they are sent by any other method, to any other address or individual, or received after the comment period ends. All comments received are a part of the public record, and NMFS will post the comments for SUMMARY: PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 45925 public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address), confidential business information, or otherwise sensitive information submitted voluntarily by the sender is publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). FOR FURTHER INFORMATION CONTACT: Obren Davis, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR parts 600 and 679. NMFS closed directed fishing for Pacific cod by catcher vessels less than 60 feet LOA using hook-and-line or pot gear in the BSAI under § 679.20(d)(1)(iii) on January 12, 2019 (84 FR 121, January 16, 2019). NMFS has determined that as of August 27, 2019, approximately 2,650 metric tons of Pacific cod remain in the 2019 Pacific cod apportionment for catcher vessels less than 60 feet LOA using hook-and-line or pot gear in the BSAI. Therefore, in accordance with § 679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully use the 2019 total allowable catch (TAC) of Pacific cod in the BSAI, NMFS is terminating the previous closure and is opening directed fishing for Pacific cod by catcher vessels less than 60 feet LOA using hook-and-line or pot gear in the BSAI. The Administrator, Alaska Region, NMFS, (Regional Administrator) considered the following factors in reaching this decision: (1) The current catch of Pacific cod by catcher vessels less than 60 feet LOA using hook-andline or pot gear in the BSAI and, (2) the harvest capacity and stated intent on future harvesting patterns of vessels in participating in this fishery. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement 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 requirement is E:\FR\FM\03SER1.SGM 03SER1

Agencies

[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
BILLING CODE 3510-22-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.