Rule2022-26768
Fisheries of the Atlantic; Atlantic Migratory Group Cobia; 2022 Commercial Closure for Atlantic Migratory Group Cobia
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 9, 2022
Effective
December 16, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS implements a closure in Federal waters off Georgia through New York for Atlantic migratory group cobia (Atlantic cobia) that are harvested and sold (commercial). Commercial landings of Atlantic cobia are projected to reach the commercial quota on December 16, 2022. Therefore, NMFS closes the commercial sector for Atlantic cobia in Federal waters from December 16, 2022, until the start of the next fishing year on January 1, 2023. This closure is necessary to protect the Atlantic cobia resource.
Full Text
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<title>Federal Register, Volume 87 Issue 236 (Friday, December 9, 2022)</title>
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[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Rules and Regulations]
[Pages 75516-75517]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26768]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 697
[Docket No. 211101-0222; RTID 0648-XC572]
Fisheries of the Atlantic; Atlantic Migratory Group Cobia; 2022
Commercial 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 a closure in Federal waters off Georgia
through New York for Atlantic migratory group cobia (Atlantic cobia)
that are harvested and sold (commercial). Commercial landings of
Atlantic cobia are projected to reach the commercial quota on December
16, 2022. Therefore, NMFS closes the commercial sector for Atlantic
cobia in Federal waters from December 16, 2022, until the start of the
next fishing year on January 1, 2023. This closure is necessary to
protect the Atlantic cobia resource.
DATES: This temporary rule is effective at 12:01 a.m. eastern time on
December 16, 2022, until 12:01 a.m. eastern time on January 1, 2023.
FOR FURTHER INFORMATION CONTACT: Frank Helies, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: <a href="/cdn-cgi/l/email-protection#3d5b4f5c53561355585154584e7d53525c5c135a524b"><span class="__cf_email__" data-cfemail="315743505f5a1f59545d585442715f5e50501f565e47">[email protected]</span></a>.
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 (50 CFR 697.2(a)). 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 latitude. 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). The
fishing year for Atlantic cobia is January 1 through December 31 (50
CFR 697.28(a)).
Amendment 31 to the Fishery Management Plan (FMP) for Coastal
Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region
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).
The Atlantic States Marine Fisheries Commission (ASMFC) approved
Amendment 1 to the Interstate FMP for Atlantic Cobia in 2019 and
Addendum 1 to Amendment 1 in 2020. Amendment 1 and Addendum 1 provided
for an increase in the commercial quota and transferred quota
monitoring responsibility to the ASMFC. NMFS subsequently issued
comparable regulations for Amendment 1 and Addendum 1 on November 8,
2021 (86 FR 61714, November 8, 2021). That final rule increased the
commercial quota to 73,116 lb (33,165 kg) and transferred quota
monitoring responsibility from NMFS to the ASMFC (50 CFR 697.28(f)(1)).
Additionally as described in that final rule, during the fishing year,
if the ASMFC estimates that the sum of commercial landings (cobia that
are sold), reaches or is projected to reach the commercial quota, then
the ASMFC will notify NMFS of the need for a commercial closure of
Atlantic Federal waters for Atlantic cobia (50 CFR 697.28(f)(1)).
Atlantic cobia are unique among federally managed species in the
U.S. 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. However, for purposes of this temporary rule, Atlantic
cobia that are harvested and sold are considered commercially caught,
and those that are harvested and not sold are considered recreationally
caught.
On November 16, 2022, the ASMFC notified NMFS that commercial
landings information indicates that the commercial quota is estimated
to be met by December 16, 2022. Accordingly, the ASMFC requested that
NMFS close commercial harvest of Atlantic cobia in Atlantic Federal
waters on December 16, 2022, to prevent the commercial quota from being
exceeded.
Regulations for the commercial sector of Atlantic cobia at 50 CFR
697.28(f)(1) require that NMFS file a notification with the Office of
the Federal Register to prohibit the harvest, sale, trade, barter, or
purchase of Atlantic cobia for the remainder of the fishing year when
commercial landings reach or are projected to reach the commercial
quota
[[Page 75517]]
specified in 50 CFR 697.28(f)(1). Accordingly, the commercial sector
for Atlantic cobia is closed in Federal waters beginning on December
16, 2022, and will remain closed until the start of the next fishing
year on January 1, 2023.
The recreational bag and possession limits for Atlantic cobia apply
while the recreational sector is open (50 CFR 697.28(e)). The
prohibition on sale and purchase does not apply to Atlantic cobia that
were harvested, landed ashore, and sold before December 16, 2022, and
were held in cold storage by a dealer or processor.
Classification
NMFS issues this action pursuant to the Atlantic Coastal Act. This
action is required by 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.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment as such procedures are
unnecessary and contrary to the public interest. Such procedures are
unnecessary because the regulations associated with the commercial
quota and closure provisions 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 2022 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 likely result in a harvest that exceeds the
commercial quota.
For the aforementioned reasons, there is good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in the effective date of this
action.
Authority: 16 U.S.C. 5101 et seq.
Dated: December 5, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-26768 Filed 12-8-22; 8:45 am]
BILLING CODE 3510-22-P
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