Rule2021-24172
Fisheries of the Atlantic; Atlantic Migratory Group Cobia; Amendment 1 and Addendum 1 to Amendment 1
Primary source
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Published
November 8, 2021
Effective
November 8, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues regulations related to Amendment 1, and Addendum 1 to Amendment 1, to the Interstate Fishery Management Plan (FMP) for Atlantic Migratory Group Cobia (Interstate FMP), as prepared and submitted by the Atlantic States Marine Fisheries Commission (ASMFC). As described in Amendment 1 and Addendum 1, this final rule revises the commercial quota and the process for a commercial quota closure for Atlantic migratory group cobia (Atlantic cobia) in Federal waters. The purpose of this final rule is to increase the commercial quota as a result of the most recent stock assessment and to allow the ASMFC to monitor commercial landings for any needed commercial in-season closure while ensuring the long-term sustainability of the Atlantic cobia stock.
Full Text
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<title>Federal Register, Volume 86 Issue 213 (Monday, November 8, 2021)</title>
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[Federal Register Volume 86, Number 213 (Monday, November 8, 2021)]
[Rules and Regulations]
[Pages 61714-61717]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24172]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 697
[Docket No. 211101-0222]
RIN 0648-BK63
Fisheries of the Atlantic; Atlantic Migratory Group Cobia;
Amendment 1 and Addendum 1 to Amendment 1
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 61715]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues regulations related to Amendment 1, and Addendum 1
to Amendment 1, to the Interstate Fishery Management Plan (FMP) for
Atlantic Migratory Group Cobia (Interstate FMP), as prepared and
submitted by the Atlantic States Marine Fisheries Commission (ASMFC).
As described in Amendment 1 and Addendum 1, this final rule revises the
commercial quota and the process for a commercial quota closure for
Atlantic migratory group cobia (Atlantic cobia) in Federal waters. The
purpose of this final rule is to increase the commercial quota as a
result of the most recent stock assessment and to allow the ASMFC to
monitor commercial landings for any needed commercial in-season closure
while ensuring the long-term sustainability of the Atlantic cobia
stock.
DATES: This final rule is effective November 8, 2021.
ADDRESSES: Electronic copies of Amendment 1 and Addendum 1 may be
obtained from the ASMFC website at <a href="http://www.asmfc.org/uploads/file/6009e765AtlanticCobia_AddendumI_Oct2020.pdf">http://www.asmfc.org/uploads/file/6009e765AtlanticCobia_AddendumI_Oct2020.pdf</a>.
FOR FURTHER INFORMATION CONTACT: Frank Helies, telephone: 727-824-5305,
or email: <a href="/cdn-cgi/l/email-protection#db9da9bab5b0f593beb7b2bea89bb5b4babaf5bcb4ad"><span class="__cf_email__" data-cfemail="16506477787d385e737a7f7365567879777738717960">[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. The southern management 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 management 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 final rule to implement Amendment 31 to the FMP for Coastal
Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region
and Amendment 1 to the Interstate FMP removed Atlantic cobia from
Federal management under the Magnuson-Stevens Fishery Conservation and
Management Act and transitioned the management of Atlantic cobia in
Federal waters to the ASMFC under the Atlantic Coastal Act (84 FR 4733,
February 19, 2019). All weights described in this rule are in round and
eviscerated weight, combined.
On September 2, 2021, NMFS published a proposed rule for Amendment
1 and Addendum 1 and requested public comment (86 FR 49284). The
proposed rule and Amendment 1 and Addendum 1 outline the rationale for
the actions contained in this final rule. A summary of the management
measures described in Amendment 1 and Addendum 1 and implemented by
this final rule is described below.
Background
The ASMFC approved Amendment 1 to the Interstate FMP in 2019 and
Addendum 1 to Amendment 1 in 2020. Amendment 1 and Addendum 1 provide
for an increase in the commercial quota and a revision to the process
for a commercial in-season closure. This final rule serves to implement
certain measures in Federal waters contained within Amendment 1 and
Addendum 1.
In 2020, a new Southeast Data, Assessment, and Review (SEDAR)
assessment was completed for Atlantic cobia (SEDAR 58). SEDAR 58
indicated that Atlantic cobia was not overfished or undergoing
overfishing, and that the allowable harvest could be increased based on
updated commercial and recreational catch estimates. Based on the
results of the SEDAR 58 and new stock projections from February 2020,
in October of 2020, the ASFMC approved an increase to the Atlantic
cobia annual total harvest quota of 80,112 fish for the 2020-2022
fishing seasons. Through Amendment 1 and Addendum 1, the ASMFC also
adjusted the commercial and recreational allocation percentages and
changed the methodology used to close the commercial sector when the
quota is reached.
The ASMFC revised the total Atlantic cobia quota sector allocations
from 8 percent to 4 percent for the commercial harvest and from 92
percent to 96 percent for the recreational harvest, to account for
changes in the recreational catch estimates from the Marine
Recreational Information Program Fishing Effort Survey. When defining
these allocations in terms of numbers of fish, the updated allocations
would result in a commercial quota of 3,204 fish and a recreational
quota of 76,908 fish. As described in Amendment 1 and Addendum 1, using
an average commercial weight of 22.82 lb (10.35 kg), this is equivalent
to a commercial quota of 73,116 lb (33,165 kg) in round and gutted
weight, combined. In addition, the ASMFC would closely monitor
commercial landings to ensure the commercial quota is not exceeded.
Management Measures Contained in This Final Rule
This final rule modifies the commercial quota and the process for
closing the commercial sector in Federal waters when the quota is
reached.
Commercial Quota
The current Atlantic cobia commercial quota of 50,000 lb (22,680
kg) was established through the final rule to implement Amendment 1 to
the Interstate FMP (84 FR 4733, February 19, 2019). As a result of
SEDAR 58, this final rule increases the commercial quota to 73,116 lb
(33,165 kg). The ASMFC is responsible for monitoring of commercial
landings during the fishing year.
Process To Close the Commercial Sector
The current process requires an in-season closure in Federal waters
during the fishing year for the commercial sector when the quota is
reached or projected to be reached. When the NMFS Science and Research
Director estimates that the sum of commercial landings (cobia that are
sold) reaches or is projected to reach the commercial quota, then NMFS
will prohibit the sale and purchase of cobia for the remainder of that
fishing year (a commercial closure). For example, in 2020, NMFS
projected that commercial landings would reach the commercial quota on
November 6, and therefore, NMFS closed the commercial sector on
November 6, 2020, through December 31, 2020 (85 FR 70085; November 4,
2020).
This final rule retains the possibility of an in-season closure if
commercial landings reach the quota. This final rule also changes the
closure language in the current regulations regarding in-season quota
monitoring so that commercial landings will be monitored by the ASMFC
and not by NMFS. Currently, NMFS monitors the commercial quota and
closes the commercial sector when the quota is met or projected to be
met. The new process transfers quota monitoring responsibility to the
ASMFC. Because Atlantic cobia are primarily landed in state waters, the
ASFMC determined that they are better suited to monitor cobia landings
and ensure the risk of early closures is minimized. 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 would notify NMFS of the need for a
[[Page 61716]]
commercial closure of the exclusive economic zone (EEZ) and NMFS would
close the commercial sector. During any such closure, the commercial
harvest, sale, trade, barter, or purchase of Atlantic cobia would be
prohibited for the remainder of that fishing year. When considering
this increase to the commercial quota, and when compared to cobia
landings in previous fishing years, NMFS estimates that a commercial
in-season closure is still possible as a result of the commercial quota
being reached, but expects that any such closure would occur later in
the fishing year than occurred under the previous commercial quota.
NMFS may consider additional commercial and recreational regulatory
changes to be implemented through rulemaking for Atlantic cobia as
described in Amendment 1 and Addendum 1 in future rulemaking.
Comments and Responses
NMFS received nine comments from individuals and a fishery
management organization during the public comment period on the
proposed rule. NMFS acknowledges the comments in favor of the actions
in the proposed rule and agrees with them. Comments received that were
outside the scope of the proposed rule are not responded to in this
final rule. Comments that opposed the actions contained in the proposed
rule are summarized below, along with NMFS' responses.
Comment 1: The commercial quota should not be increased. The
Atlantic cobia stock is under high fishing pressure and increasing the
commercial quota would hurt the stock's recovery progress.
Response: NMFS disagrees that the commercial quota should not be
increased. In 2020, a new SEDAR assessment was completed for Atlantic
cobia. The stock assessment indicated that Atlantic cobia was not
overfished or undergoing overfishing, and that the allowable harvest
could be increased based on updated commercial and recreational catch
estimates. In response to the stock assessment, the ASFMC developed
Addendum 1 to Amendment 1 and the Interstate FMP. Addendum 1 increased
the Atlantic cobia annual total and sector harvest quotas. NMFS does
not expect increased commercial catch levels to result in negative
impacts to the Atlantic cobia stock.
Comment 2: The commercial quota should not be increased. Commercial
harvest limits are constantly increasing while the recreational sector
harvest limits keep getting reduced.
Response: NMFS disagrees that the commercial quota shouldn't be
increased when compared to recreational harvest. As a result of the
latest stock assessment, Addendum 1 increased the harvest quotas for
both the commercial and recreational sectors. Addendum 1 also changed
sector allocations from 8 percent commercial to 4 percent commercial
and from 92 percent recreational to 96 percent recreational. The
Atlantic cobia recreational sector continues to be allocated the
majority of the available total stock quota. The ASMFC made the change
to the sector allocations to account for the revised recreational catch
estimates from the Marine Recreational Information Program Fishing
Effort Survey. As a result of the updated stock assessment and changes
to the sector allocations, the recreational quota increased from 22,142
fish to 76,908 fish and the commercial quota increased from 2,191 fish
to 3,204 fish. Therefore the commercial and recreational quota
increases are based on the results of the recent assessment and the
revised sector allocations as determined by the ASMFC.
Comment 3: In response to the increased Atlantic cobia stock size,
the for-hire charter sector should be allowed to keep smaller than 36
inch (91.4 cm) fish or allow 2 fish per person, instead of increasing
the commercial quota.
Response: The actions contained in this final rule for the
commercial quota increase and revising the process for closing the
commercial sector in Federal waters are taken from the request of the
ASMFC to NMFS and contained in Amendment 1 and Addendum 1. NMFS
acknowledges that within Amendment 1 and Addendum 1, the ASMFC has
proposed additional recreational management measures for Federal waters
that include size limits and bag and vessel limits based on the
existing requirements for each state represented by the ASMFC. NMFS is
evaluating those additional management measures and may propose them in
a future rulemaking, but at this time changes to size limits and bag
and vessel limits are outside the scope of this final rule.
Classification
The NMFS Assistant Administrator has determined that this final
rule is consistent with Amendment 1 and Addendum 1, the Interstate FMP,
the Atlantic Coastal Act, the applicable provisions of the Magnuson-
Stevens Act, and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
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 certification was published in the
proposed rule and is not repeated here. No significant issues were
raised by public comments related to the economic impacts on small
entities, and no changes to this final rule were made in response to
public comments. As a result, a final regulatory flexibility analysis
was not required and none was prepared.
NMFS finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in the effective date for this final rule because this rule
relieves a restriction by increasing the commercial quota for Atlantic
cobia. In addition, delaying implementation of the quota increase is
contrary to the public interest. As described in Amendment 1 and
Addendum 1, the ASMFC increased the commercial quota based upon the
results of the latest stock assessment and is intended to be used in
combination with other measures to achieve optimum yield for the stock.
Not waiving the 30-day delay in the date of effectiveness of this final
rule would result in reduced opportunities for fishermen to harvest the
quota and achieve optimum yield this year, and could also result in an
early closure of the commercial fishery if the quota is not increased.
A closure in 2021 that occurred as a result of the current quota being
met, prior to the increased quota being implemented, would not be
consistent with the intent of the ASMFC and Amendment 1 and Addendum 1,
and is contrary to the public interest. Therefore, a delay in the date
of effectiveness of this final rule would diminish the social and
economic benefits this rule provides for Atlantic cobia fishermen.
List of Subjects in 50 CFR Part 697
Atlantic, Cobia, Fisheries, Fishing, South Atlantic.
Dated: November 1, 2021.
Carrie Robinson,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 697 is amended
as follows:
PART 697--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT
0
1. The authority citation for part 697 continues to read as follows:
[[Page 61717]]
Authority: 16 U.S.C. 5101 et seq.
0
2. In Sec. 697.28, revise paragraph (f)(1) to read as follows:
Sec. 697.28 Atlantic migratory group cobia.
* * * * *
(f) * * *
(1) Commercial quota. The following quota applies to persons who
fish for cobia for commercial purposes--73,116 lb (33,165 kg). If the
sum of the cobia landings that are sold, as estimated by the ASMFC,
reach or are projected to reach the quota specified in this paragraph
(f)(1), then the ASMFC will notify NMFS of the need for a commercial
closure of the EEZ. NMFS will then subsequently file a notification
with the Office of the Federal Register to prohibit (for commercial
purposes) the harvest, sale, trade, barter, or purchase of cobia for
the remainder of the fishing year.
* * * * *
[FR Doc. 2021-24172 Filed 11-5-21; 8:45 am]
BILLING CODE 3510-22-P
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