[Federal Register Volume 83, Number 166 (Monday, August 27, 2018)]
[Rules and Regulations]
[Pages 43557-43558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18500]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 101206604-1758-02]
RIN 0648-XG435


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2018 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 an accountability measure (AM) for Atlantic 
migratory group (Atlantic) cobia that are sold (commercial) and 
harvested from the exclusive economic zone (EEZ) of the Atlantic. NMFS 
projects that commercial landings of Atlantic cobia have reached the 
commercial quota. Therefore, NMFS closes the commercial sector for 
Atlantic cobia in the EEZ on September 5, 2018, and it will remain 
closed until the next fishing year that begins on January 1, 2019. This 
closure is necessary to protect the Atlantic cobia resource.

DATES: This rule is effective from 12:01 a.m., local time, September 5, 
2018, until 12:01 a.m., local time, on January 1, 2019.

FOR FURTHER INFORMATION CONTACT: Frank Helies, NMFS Southeast Regional 
Office, telephone: 727-824-5305, email: <a href="/cdn-cgi/l/email-protection#9ff9edfef1f4b1f7faf3f6faecdff1f0fefeb1f8f0e9"><span class="__cf_email__" data-cfemail="187e6a79767336707d74717d6b5876777979367f776e">[email protected]</span></a>.

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 cobia occurs at a line that

[[Page 43558]]

extends due east of the Florida and Georgia state border at 
30[deg]42'45.6'' N lat. The northern boundary for Atlantic migratory is 
the jurisdictional boundary between the Mid-Atlantic and New England 
Fishery Management Councils, as specified in 50 CFR 600.105(a).
    Atlantic cobia are unique among federally managed species in the 
southeast region, because no 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 cobia that are sold are considered commercially caught, and 
those that are not sold are considered recreationally caught.
    The commercial quota for Atlantic cobia is 50,000 lb (22,680 kg), 
round or gutted weight, for the 2018 fishing year, which runs from 
January 1 through December 31 (50 CFR 622.384(d)(2)).
    The AM for the commercial sector of Atlantic cobia, specified at 50 
CFR 622.388(f)(1)(i), requires 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 2018, because NMFS 
projects that commercial landings of Atlantic cobia will reach the 
commercial quota on September 5, 2018. Accordingly, the commercial 
sector for Atlantic cobia is closed in the EEZ at 12:01 a.m., local 
time, on September 5, 2018, and remains closed until the start of the 
next fishing year on January 1, 2019.
    During the commercial closure, the sale and purchase of Atlantic 
cobia is prohibited. The recreational bag and possession limits for 
Atlantic cobia 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 prior to 12:01 a.m., local 
time, on September 5, 2018, 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 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 (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 AM for Atlantic cobia has 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 2018 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. 1801 et seq.

    Dated: August 22, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-18500 Filed 8-24-18; 8:45 am]
BILLING CODE 3510-22-P


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