[Federal Register Volume 79, Number 233 (Thursday, December 4, 2014)]
[Rules and Regulations]
[Pages 71959-71960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28468]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 101206604-1758-02]
RIN 0648-XD601
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2014 Commercial 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 commercial
Atlantic migratory group cobia in the exclusive economic zone (EEZ) of
the South Atlantic. Commercial landings for Atlantic migratory group
cobia, as estimated by the Science Research Director (SRD), are
projected to reach the commercial annual catch limit (ACL) on December
11, 2014. Therefore, NMFS closes the commercial sector for Atlantic
migratory group cobia on December 11, 2014, and it will remain closed
throughout the remainder of the fishing year, through December 31,
2014. This closure is necessary to protect the resource of Atlantic
migratory group cobia.
DATES: This rule is effective 12:01 a.m., local time, December 11,
2014, until 12:01 a.m., local time, January 1, 2015.
FOR FURTHER INFORMATION CONTACT: Britni LaVine, telephone: 727-824-
5305, email: [email protected].
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
(Councils) and is implemented 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. The southern boundary for Atlantic migratory group cobia
occurs at the division between Gulf of Mexico and Atlantic migratory
groups, which is set at the intercouncil jurisdictional boundary, off
the Florida Keys. As specified in 50 CFR 600.105(c), the South Atlantic
and Gulf of Mexico intercouncil boundary coincides with the line of
demarcation between the Atlantic Ocean and the Gulf of Mexico, which
begins at the intersection of the outer boundary of the EEZ, as
specified in the Magnuson-Stevens Act, and 83[deg]00' W. longitude,
proceeds northward along that meridian to 24[deg]35' N. latitude, (near
the Dry Tortugas Islands), then eastward along that parallel, through
Rebecca Shoal and the Quicksand Shoal, to the Marquesas Keys, and then
through the Florida Keys to the mainland at the eastern end of Florida
Bay, the line so running that the narrow waters within the Dry Tortugas
Islands, the Marquesas Keys and the Florida Keys, and between the
Florida Keys and the mainland, are within the Gulf of Mexico. The
northern boundary for Atlantic migratory group cobia is at the
jurisdictional boundary between the Mid-Atlantic and New England
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.
The commercial ACL or commercial quota (quota) for Atlantic
migratory group cobia is 125,712 lb (57,022 kg), round weight, for the
current fishing year, January 1 through December 31, 2014, as specified
in 50 CFR 622.384(d)(2).
The AMs specified at 50 CFR 622.388(f)(1)(i) require NMFS to close
the commercial sector for Atlantic migratory group cobia when its quota
is reached or is projected to be reached, by filing a notification with
the Office of the Federal Register to close the commercial sector for
the remainder of the fishing year. NMFS has determined that the quota
for Atlantic migratory group cobia will have been reached by December
11, 2014. Accordingly, the commercial sector for Atlantic migratory
group cobia is closed effective 12:01 a.m., local time, December 11,
2014, until 12:01 a.m., local time, January 1, 2015.
The possession limit for cobia located at 50 CFR 622.383(b),
specifies that no person may possess more than two cobia per day in or
from the EEZ in the Gulf of Mexico, 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 71960]]
During the closure, the possession limit for cobia remains in
effect, however, in accordance with regulations at 50 CFR
622.384(e)(3), the sale or purchase of Atlantic migratory group cobia
taken under the possession limit is prohibited. The prohibition on sale
and purchase does not apply to the sale or purchase of Atlantic
migratory group cobia that were harvested, landed ashore, and sold
prior to 12:01 a.m., local time, December 11, 2014, and were held in
cold storage by a dealer or processor.
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 622.8(b) 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 responds to the best scientific information available.
The Assistant Administrator for Fisheries, NOAA (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
(76 FR 82058, December 29, 2011), 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 commercial closure for
the remainder of the 2014 fishing year. Additionally, there is a need
to immediately implement the closure to prevent further commercial
harvest and prevent the ACL from being exceeded, which will protect the
cobia resource. Prior notice and opportunity for public comment on this
action would be contrary to the public interest, because those affected
by the closure need as much advance notice as NMFS is able to provide.
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, 2014.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2014-28468 Filed 12-3-14; 8:45 am]
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