Proposed Rule2022-15272
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagics Resources in the Gulf of Mexico and Atlantic Region; Amendment 32
Primary source
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Published
July 18, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes regulations to implement management measures described in Amendment 32 to the Fishery Management Plan (FMP) for the Coastal Migratory Pelagic (CMP) Resources of the Gulf of Mexico and Atlantic Region (CMP FMP), as prepared and submitted by the Gulf of Mexico Fishery Management Council and the South Atlantic Fishery Management Council (Councils). This proposed rule and Amendment 32 would revise the Gulf of Mexico (Gulf) migratory group of cobia (Gulf group cobia) catch limits, possession limit and minimum size limits, establish a Gulf group cobia commercial trip limit and recreational vessel limit, and revise the CMP FMP framework procedures. The proposed rule would also clarify the Gulf group cobia sale and purchase restrictions. The purpose of this proposed rule and Amendment 32 is to end overfishing of Gulf group cobia, update catch limits to be consistent with the best scientific information available, and revise management measures to help constrain landings to the catch limits.
Full Text
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<title>Federal Register, Volume 87 Issue 136 (Monday, July 18, 2022)</title>
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[Federal Register Volume 87, Number 136 (Monday, July 18, 2022)]
[Proposed Rules]
[Pages 42690-42699]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15272]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 220712-0154]
RIN 0648-BL19
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagics Resources in the Gulf of Mexico and Atlantic
Region; Amendment 32
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes regulations to implement management measures
described in Amendment 32 to the Fishery Management Plan (FMP) for the
Coastal Migratory Pelagic (CMP) Resources of the Gulf of Mexico and
Atlantic Region (CMP FMP), as prepared and submitted by the Gulf of
Mexico Fishery Management Council and the South Atlantic Fishery
Management Council (Councils). This proposed rule and Amendment 32
would revise the Gulf of Mexico (Gulf) migratory group of cobia (Gulf
group cobia) catch limits, possession limit and minimum size limits,
establish a Gulf group cobia commercial trip limit and recreational
vessel limit, and revise the CMP FMP framework procedures. The proposed
rule would also clarify the Gulf group cobia sale and purchase
restrictions. The purpose of this proposed rule and Amendment 32 is to
end overfishing of Gulf group cobia, update catch limits to be
consistent with the best scientific information available, and revise
management measures to help constrain landings to the catch limits.
DATES: Written comments must be received on or before August 17, 2022.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2022-0030,'' by either of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter ``NOAA-NMFS-2022-0030'', in the Search
box. Click the ``Comment'' icon, complete the required fields, and
enter or attach your comments.
<bullet> Mail: Submit written comments to Kelli O'Donnell,
Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg,
FL 33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. NMFS will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
Electronic copies of Amendment 32, which includes a fishery impact
statement and a regulatory impact review, may be obtained from the
Southeast Regional Office website at https://www.fisheries.noaa.gov/
action/
[[Page 42691]]
amendment-32-management-gulf-migratory-group-cobia.
FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, telephone: 727-824-
5305, or email: <a href="/cdn-cgi/l/email-protection#3279575e5e5b1c7d765d5c5c575e5e725c5d53531c555d44"><span class="__cf_email__" data-cfemail="4c07292020256203082322222920200c22232d2d622b233a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Gulf group cobia is managed under the CMP
FMP in Federal waters from the Georgia/Florida border in the Atlantic
to the Texas/Mexico border in the Gulf. The CMP FMP was prepared by the
Councils and implemented through regulations at 50 CFR part 622 under
the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act). All weights in this proposed
rule are in round and eviscerated weight combined, unless otherwise
specified.
Background
Under the CMP FMP, the Councils jointly manage fishing for Gulf
group cobia in Federal waters from Texas to the Florida/Georgia
boundary. The Gulf group cobia acceptable biological catch (ABC) is
apportioned between the Gulf zone, which spans from the Councils'
jurisdictional boundary west of the Dry Tortugas, Florida, to the
Texas/Mexico border, and the Florida east coast (FLEC) zone, which
spans from the Florida/Georgia border to the Councils' jurisdictional
boundary west of the Dry Tortugas, Florida. Under the current framework
procedures in the CMP FMP, the Gulf of Mexico Fishery Management
Council (Gulf Council) is responsible for specifying management
measures for Gulf group cobia, except that the South Atlantic Fishery
Management Council (South Atlantic Council) is responsible for
specifying trip limits, closed seasons or areas, and gear restrictions
in the FLEC zone.
The current overfishing limit (OFL) and acceptable biological catch
are 2,660,000 lb (1,206,556 kg) and 2,600,000 lb (1,179,340 kg),
respectively. The current stock annual catch limit (ACL) is equal to
the ABC. These catch limits were established in 2015 in Amendment 20B
to the CMP FMP (80 FR 4216; January 27, 2015), and are based on the
recommendations of the Councils' Scientific and Statistical Committees
(SSCs) from the Southeast Data Assessment and Review (SEDAR) 28 stock
assessment. The recreational landings estimates used in SEDAR 28 were
generated using the Marine Recreational Information Program's (MRIP)
Coastal Household Telephone Survey (CHTS).
In Amendment 20B, the Councils apportioned the Gulf group cobia
stock ABC between the Gulf zone (64 percent) and FLEC zone (36
percent), based on average landings from 1998-2012 across both zones,
with the ACL for each zone being set equal to the apportioned ABC.
Recreational landings estimates during 1998-2012 were generated using
MRIP-CHTS. In 2018, MRIP replaced the fishing effort estimates from the
CHTS with those from the Fishing Effort Survey (FES). Total
recreational fishing effort estimates generated from MRIP-FES are
generally higher than MRIP-CHTS estimates, and those higher effort
estimates necessarily increase the recreational landings estimates.
This difference in the estimates is because MRIP-FES is designed to
more accurately measure fishing activity. Had MRIP-FES data been
available when the current Gulf grouper cobia OFL and ABC were
established, the OFL would have been 4,870,000 lb (2,208,995 kg) and
the ABC would have been 4,500,000 (2,041,166 kg).
In 2020, the SEDAR 28 Update indicated that Gulf group cobia was
undergoing overfishing with the biomass at reduced levels, which puts
the stock at risk of becoming overfished. The SEDAR 28 Update included
updated recreational landings estimates based on MRIP FES. In July
2020, the Councils' SSCs reviewed the SEDAR 28 Update and recommended
new OFLs and ABCs that would end overfishing of Gulf group cobia and
allow harvest to increase over time. The SSCs' recommendation for OFL
is 3,210,000 lb (1,456,032 kg) for 2022, and 3,310,000 lb (1,501,391
kg) for 2023 and subsequent years. The SSCs' recommendation for ABC is
2,600,000 lb (1,179,340 kg) for 2022, and 2,760,000 lb (1,251,915 kg)
for 2023 and subsequent years. These recommendations represent a
reduction in the allowable harvest when compared to the current OFL and
ABC, as noted above.
The Gulf Council manages Gulf group cobia in the Gulf zone without
sector allocations. The South Atlantic Council manages Gulf group cobia
in the FLEC zone with sector allocations, allocating 8 percent of the
ACL to the commercial sector and 92 percent of the ACL to the
recreational sector. This allocation was originally established in 2012
in Amendment 18 to the CMP FMP, when two migratory groups of cobia were
managed under the CMP FMP: Gulf group cobia and Atlantic migratory
group cobia (Atlantic group cobia) (76 FR 82058; December 29, 2011).
The allocation was based on a formula that balanced historical catches
(2000-2008) with more recent landings (2006-2008). The boundary between
these two migratory groups was set at the Councils' jurisdictional
boundary west of the Dry Tortugas. However, the SEDAR 28 (2013)
assessment determined that the biological boundary between the Gulf and
Atlantic migratory groups of cobia was the Florida/Georgia border. To
account for this change, in Amendment 20B the Councils created the Gulf
zone and the FLEC zone, allocating a portion of the Gulf group cobia
ABC to each zone. In that Amendment, the Councils also chose to keep
the same sector allocations for the FLEC zone that were established for
Atlantic group cobia in Amendment 18 to the CMP FMP. Subsequently, the
Councils removed Atlantic group cobia from the CMP FMP in 2018 through
Amendment 31, and it is now managed by the Atlantic States Marine
Fisheries Commission (84 FR 4733; February 19, 2019).
In Amendment 18, the Councils established ACTs for both Gulf group
cobia and the recreational harvest of Atlantic group cobia. The
Councils kept the same formulas for establishing these ACTs in
Amendment 20B when the Gulf group cobia ABC was split between the Gulf
zone and the FLEC zone. The current stock ACT in the Gulf zone is 10
percent below the Gulf zone ACL. The ACT was selected to provide a
buffer to the ACL, but result in a catch level that was no less than
historic total catch from 2000-2009. The current recreational ACT in
the FLEC zone is 17 percent below the FLEC zone ACL and was calculated
using the following formula: the ACL multiplied by 1 minus the
proportional standard error (PSE) of the recreational landings
estimates, or 0.5, whichever was greater.
The Councils established the current commercial and recreational
possession limit for Gulf group cobia of two fish per person per day
through Amendment 5 to the CMP FMP (55 FR 29370; July 19, 1990). This
possession limit was extended to the FLEC zone when the Gulf group
cobia boundary was changed. There currently is no commercial or
recreational trip limit for Gulf group cobia in either zone.
The Councils first established a minimum size limit for cobia of 33
inches (83.8 cm), fork length, in the original CMP FMP (48 FR 5270;
February 4, 1983) and that minimum size limit applied to both the Gulf
zone and the FLEC zone when they were created in Amendment 20B. In
2020, the Gulf Council revised the Gulf group cobia minimum size limit
in the Gulf zone to 36 inches (91.4 cm) fork length, through Framework
Amendment 7 to the CMP FMP (85 FR 10328; February 24, 2020). The Gulf
Council took this action based on concerns from constituents that an
observed decrease
[[Page 42692]]
in cobia landings may indicate an unknown issue with the stock. The
Gulf Council decided to take a precautionary approach by increasing the
commercial and recreational minimum size limits while the SEDAR 28
Update assessment (2020) was completed. The South Atlantic Council did
not change the minimum size limit in the FLEC zone, deciding to review
the SEDAR 28 Update assessment before making any further management
changes.
Management Measures Contained in This Proposed Rule
For Gulf group cobia, this proposed rule would revise the stock and
sector ACLs, the Gulf zone stock ACT (quota), the FLEC zone
recreational ACT, and the possession limit and minimum size limits, and
establish a commercial trip limit and a recreational vessel limits.
This proposed rule would also clarify the CMP sale and purchase
provisions for federally permitted dealers.
ACLs
The current stock ACL for Gulf group cobia is equal to the ABC of
2,600,000 lb (1,179,340 kg) and is based on the results of SEDAR 28,
which used data from MRIP-CHTS. Amendment 32 would retain the stock ACL
for Gulf group cobia of 2,600,000 lb (1,179,340 kg) for 2022, and
increase the stock ACL to 2,760,000 lb (1,251,915 kg) for 2023 and
subsequent years, which is also equal to the ABCs recommended by the
Councils' SSCs. The SSCs' recommendations and the Councils'
determinations are based on the results of the SEDAR 28 Update, which
used data from MRIP-FES. Thus, the proposed ACLs using MRIP-FES data
actually represent a decrease in the allowable harvest of Gulf group
cobia, as discussed above. For example, had the current stock ACL been
derived using MRIP-FES data, the current stock ACL would have been
4,500,000 lb (2,041,166 kg).
The current zone apportionment of the ABC (equal to the stock ACL)
is 64 percent to the Gulf zone and 36 percent to the FLEC zone, which
results in a Gulf zone ACL of 1,660,000 lb (752,963 kg) and a FLEC zone
ACL of 930,000 lb (421,841 kg). Amendment 32 and the proposed rule
would revise the zone apportionment to 63 percent to the Gulf zone and
37 percent to the FLEC zone. This would result in a Gulf zone ACL of
1,638,000 lb (742,984 kg) for 2022, and 1,738,000 lb (788,343 kg) for
2023 and subsequent years. The proposed FLEC zone ACL would be 962,000
lb (436,356 kg) for 2022, and 1,021,200 lb (463,209 kg) for 2023 and
subsequent years.
Amendment 32 would maintain the current commercial and recreational
allocation in the FLEC zone as 8 percent and 92 percent, respectively.
The current ACLs for Gulf group cobia in the FLEC zone are 70,000 lb
(31,751 kg) for the commercial sector (expressed as a commercial
quota), and 860,000 lb (390,089 kg) for the recreational sector. The
proposed commercial ACLs (quotas) are 76,960 lb (34,908 kg) for 2022,
and 81,696 lb (37,057 kg) for 2023 and subsequent years. The proposed
recreational ACLs are 885,040 lb (401,447 kg) for 2022, and 939,504 lb
(426,152 kg) for 2023 and subsequent years.
ACTs
Amendment 32 and this proposed rule would update the calculation
for determining the ACTs using the Gulf Council's ACL/ACT Control Rule.
Under this control rule, the calculated ACTs for the Gulf zone and for
the recreational sector in the FLEC zone would be 10 percent less than
the respective zone ACLs. To calculate the ACT, the control rule uses
the PSEs for 4 years of landings data (2016-2019), the number of times
the catch limit has been exceeded, the precision of recreational
landings based on the PSE, the precision of commercial landings,
inseason accountability measures in place, and the stock status.
The current stock ACT (quota) for Gulf group cobia in the Gulf zone
is 1,500,000 lb (680,389 kg). Consistent with the Gulf Council's ACL/
ACT Control Rule, this proposed rule would revise the stock ACT in the
Gulf zone to be 1,474,200 lb (668,686 kg) for 2022, and 1,564,920 lb
(709,836 kg) for 2023 and subsequent years.
The current recreational ACT for Gulf group cobia in the FLEC zone
is 710,000 lb (322,051 kg). Consistent with Gulf Council's ACL/ACT
Control Rule, this proposed rule would revise the recreational ACT in
the FLEC zone to be 796,536 lb (361,303 kg) for 2022, and 845,554 lb
(383,537 kg) for 2023 and subsequent years.
There is no commercial ACT for Gulf group cobia in the FLEC zone
and the Councils did not establish a commercial ACT in Amendment 32.
The Councils determined that a commercial ACT was not necessary because
the commercial sector had not exceeded its ACL in the past and the
projections in Amendment 32 indicated that commercial harvest would not
exceed the proposed ACLs.
Possession Limit, Commercial Trip Limit, and Recreational Vessel Limit
The current possession limit for Gulf group cobia of two fish per
person per day applies to commercial and recreational harvest in both
zones. This possession limit is codified at 50 CFR 622.383(b), which
addresses limited harvest species. In Amendment 32, the Councils
decided to reduce the Gulf group cobia possession limit to one fish per
person. The Councils also decided to establish a commercial trip limit
of two fish and a recreational vessel limit of two fish per trip.
This proposed rule would implement these changes by establishing a
recreational bag limit in 50 CFR 622.382(a) and a commercial trip limit
in 50 CFR 622.385(c), and removing the regulations at 50 CFR 622.383.
The recreational bag limit for Gulf group cobia would be one fish per
person per day, not to exceed 2 fish per vessel per trip. The
commercial trip limit for Gulf group cobia per day would be one fish
per person and 2 fish per vessel, not to exceed 2 fish per vessel per
trip. The commercial trip limit, and the recreational bag and vessel
limits would apply to harvest from both the Gulf zone and FLEC zone.
Analysis in Amendment 32 indicates that the majority of the
commercial and recreational trips already harvest one or less cobia per
person and per trip. Therefore, reducing the possession limit from 2
fish to 1 fish per person and creating a commercial trip limit and
recreational vessel limit would only reduce harvest in the Gulf zone by
about 1.0 percent for the commercial sector and 10 percent for the
recreational sector. The harvest reduction in the FLEC zone would be
greater, with an approximate 23 percent for the commercial sector and
29 percent for the recreational sector. However, the Councils decided
that these changes were appropriate because they would result in some
reduction in fishing mortality and would also aid with compliance and
enforcement because the harvest limits in Federal waters would be
consistent with those established by the state of Florida for harvest
of cobia in Gulf state waters, which is one fish per person or two per
vessel, whichever is less. The possession and trip limits in Florida
state waters adjacent to the FLEC zone are currently one per person or
six fish per vessel, whichever is less, but effective July, 1, 2022,
these state regulations will change and will be consistent with the
changes proposed in this rule. See <a href="https://content.govdelivery.com/accounts/FLFFWCC/bulletins/316530e">https://content.govdelivery.com/accounts/FLFFWCC/bulletins/316530e</a>.
The analysis in Amendment 32 indicates that commercial landings
will not exceed the proposed commercial harvest limits in the FLEC
zone, and
[[Page 42693]]
that the combined commercial and recreational harvest would not exceed
the proposed 2022 and 2023 total ACLs in the Gulf zone, regardless of
the proposed commercial trip limits. This analysis also indicates that
even with the proposed changes to the possession limit, recreational
harvest in the FLEC zone is projected to exceed the proposed FLEC zone
2022 and 2023 recreational ACLs, and when combined with expected
commercial harvest, the total harvest in the FLEC zone is projected to
exceed the total 2022 and 2023 FLEC zone ACLs. However, as discussed
below, these proposed changes in combination with the proposed change
to the minimum size limit is projected to reduce recreational landings
enough to constrain harvest to the recreational ACL. As previously
noted, NMFS expects the reduction in the possession limit and creation
of a recreational vessel limit to reduce recreational harvest in the
FLEC zone by approximately 29 percent.
Minimum Size Limits
This proposed rule would increase the commercial and recreational
minimum size limits for Gulf group cobia in the FLEC zone from 33
inches (83.8 cm) to 36 inches (91.4 cm), fork length. The current Gulf
zone commercial and recreational minimum size limit is 36 inches (91.4
cm), fork length, and the Councils determined that having a consistent
minimum size limit in both the FLEC and Gulf zones would reduce
confusion about the regulations in Federal waters and decrease the
burden on law enforcement, while also providing benefits to the stock.
Increasing the minimum size limit to 36 inches (91.4 cm), fork
length, in the FLEC zone would reduce the harvest rate across both
sectors and reduce the total harvest. The increase in the minimum size
limit would also increase the likelihood that sexually mature cobia are
able to spawn more than once before being harvested, resulting in
additional recruitment to the spawning stock over time. As a result of
this change to the minimum size limit, NMFS projects that harvest in
the FLEC zone would be reduced by approximately 27 percent for the
commercial sector, 23 percent for the recreational charter vessel/
headboat component, and 34 percent for the recreational private angling
component. An increase in the minimum size limit may increase
regulatory discards in the FLEC zone in the near-term but the discard
mortality rates were estimated in SEDAR 28 to be relatively low (5
percent) when using hook-and-line gear in the commercial sector and all
gear types in the recreational sector. The analysis in Amendment 32
indicates that implementing both this increase in the minimum size
limit and the changes to the possession limit would reduce landings in
the FLEC zone enough to constrain landings to the recreational ACL.
Permitted Dealer Sale and Purchase
This proposed rule would also clarify the sale and purchase
regulations at 50 CFR 622.386(b) and (c). The Councils and NMFS do not
require a specific Federal permit for the commercial harvest of Gulf
group cobia. However, because this stock is included in the CMP FMP,
the regulations at 50 CFR 622.386(b) and (c) restrict the sale and
purchase of Gulf group cobia by federally permitted vessels and seafood
dealers. The regulation at 50 CFR 622.386(b) requires that Gulf group
cobia harvested on any vessel that has a valid Federal vessel permit
(i.e., commercial or charter vessel/headboat permit for any Federal
fishery) be sold to a seafood dealer who has a valid Federal Gulf and
South Atlantic dealer permit. Under 50 CFR 622.386(c), that same
Federal dealer may purchase Gulf group cobia harvested in or from Gulf
or South Atlantic Federal waters only from a vessel that has been
issued a Federal CMP permit (i.e., commercial or charter vessel/
headboat permit for king or Spanish mackerel). The dealer limitation in
50 CFR 622.386(c) is inconsistent with the requirement in 50 CFR
622.386(b) for Gulf group cobia on all federally permitted vessels to
be sold to a federally permitted dealer, as well as with the Gulf and
South Atlantic Council's Generic Amendment that created the Federal
Gulf and South Atlantic dealer permit (79 FR 19490; April 9, 2014).
Therefore, this proposed rule would correct the regulations in 50 CFR
622.386(c) to make the purchase restriction that is tied to having a
Federal permit applicable only to king and Spanish mackerel species
rather than to all CMP species generally. This correction would allow
federally permitted dealers to accept Gulf group cobia harvested from
the Exclusive Economic Zone (EEZ) from any vessel, regardless of the
permit status of the vessel.
Management Measures in Amendment 32 Not Codified Through This Proposed
Rule
OFL and ABC
As previously explained, the current OFL and ABC for Gulf group
cobia of 2,660,000 lb (1,206,556 kg) and 2,600,000 lb (1,179,340 kg),
are based on the Councils' SSCs' recommendations from SEDAR 28, which
used recreational landings estimates from MRIP-CHTS. Amendment 32 would
adopt the new increasing OFLs and ABCs based on the SSCs'
recommendations from the results of the SEDAR 28 Update, which used
MRIP-FES recreational landings estimates. The new OFLs would be
3,210,000 lb (1,456,032 kg) for 2022, and 3,310,000 lb (1,501,391 kg)
for 2023 and subsequent years. The new ABCs would be 2,600,000 lb
(1,179,340 kg) for 2022, and 2,760,000 lb (1,251,915 kg) for 2023 and
subsequent years.
ABC Apportionment
The current ABC apportionment for Gulf group cobia is 64 percent
for the Gulf zone and 36 percent for the FLEC zone, respectively.
Amendment 32 would revise the Gulf group cobia ABC apportionment
between the Gulf and FLEC zones by using the average landings from
1998-2012 across both zones using MRIP-FES landings for this time
series. This results in a new apportionment of the Gulf group cobia
stock ABC of 63 percent for the Gulf zone and 37 percent for the FLEC
zone. Using the same time series to calculate the apportionment, but
updating it by using MRIP-FES, addresses the higher recreational
landings that have occurred in the FLEC zone compared to the Gulf zone.
Sector Allocations
Currently, Gulf group cobia in the Gulf zone is managed as a stock
without separate ACLs for each sector, and the Councils did not
reconsider this management approach in Amendment 32. The commercial and
recreational allocation in the FLEC zone is 8 percent and 92 percent,
respectively. Amendment 32 would maintain stock management in the Gulf
zone and maintain the current commercial and recreational allocation in
the FLEC zone. The current FLEC zone allocation would be applied to the
proposed FLEC zone ACLs. The Councils wanted to recognize the harvest
needs of the commercial sector in the FLEC zone by not decreasing the
status quo catch limit of 70,000 lb (31,751 kg).
FMP Framework Procedure
Currently, the framework procedure limits the management measures
that the South Atlantic Council may independently propose for Gulf
group cobia in the FLEC zone to vessel trip limits, closed seasons or
areas, or fishing gear restrictions.
[[Page 42694]]
Amendment 32 would revise the framework procedures to allow the
South Atlantic Council to independently change vessel trip limits,
closed seasons or areas, fishing gear restrictions, per person bag and
possession limits, size limits, in-season and post-season
accountability measures, and specification of ACTs or sector ACTs for
Gulf group cobia in the FLEC zone. The Councils decided that providing
the South Atlantic Council the authority to make any of these changes
through a framework process will allow the South Atlantic Council to
respond quickly to new information. The Councils determined this change
would result in beneficial biological, socio-economic, and
administrative impacts.
Amendment 32 would also clarify language in the CMP FMP framework
procedure by removing reference to Atlantic group cobia, which was
removed from management by the Councils through Amendment 31 to the CMP
FMP (84 FR 4733; February 19, 2019), and change the language referring
to the ABC/ACL Control Rule because there is no ABC/ACL Control Rule.
Instead, this language should refer to the ABC and ACL/ACT Control
Rules.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with Amendment 32, the CMP FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
An initial regulatory flexibility analysis (IRFA) was prepared, as
required by section 603 of the Regulatory Flexibility Act (RFA) (5
U.S.C. 603). The IRFA describes the economic impact this proposed rule,
if adopted, would have on small entities. A description of the action,
why it is being considered, and the legal basis for this action are
contained at the beginning of this section in the preamble and in the
SUMMARY section of the preamble. A summary of the analysis follows. A
copy of this analysis is available from the Council [or NMFS] (see
ADDRESSES).
This proposed rule, if implemented, would apply to all commercial
vessels, charter vessels and headboats (for-hire vessels), and
recreational anglers that fish for or harvest cobia in either the FLEC
zone or Gulf zone. Because no Federal permit is required for the
commercial harvest or sale of Gulf cobia, the distinction between
commercial and recreational fishing activity for the purposes of this
proposed rule is whether the fish are sold. Individuals that harvest
Gulf cobia under the recreational bag limit in Federal waters and who
do not subsequently sell these fish are considered to be recreational
anglers. Recreational anglers are not considered small entities under
the RFA, so they are outside the scope of this analysis (5 U.S.C. 603).
Small entities include small businesses, small organizations, and small
governmental jurisdictions (5 U.S.C. 601(6) and 601(3)-(5)).
Recreational anglers are not businesses, organizations, or governmental
jurisdictions. A component of this proposed rule would also apply to
Federally-permitted dealers that purchase Gulf cobia.
For-hire vessels sell fishing services to recreational anglers. The
proposed changes to the CMP FMP would not directly alter the services
sold by these for-hire vessels. Any change in anglers' demand for these
fishing services (and associated economic effects) as a result of this
proposed rule would be secondary to any direct effect on anglers and,
therefore, would be an indirect effect of this proposed rule. Indirect
effects fall outside the scope of the RFA; however, because for-hire
captains and crew are allowed to harvest and sell Gulf cobia under the
possession limit when the commercial season is open, for-hire
businesses, or employees thereof, could be directly affected by this
proposed rule as well.
In summary, businesses that engage in commercial fishing (i.e.
those that sell their harvests of Gulf cobia, including some for-hire
businesses), as well as seafood dealers that purchase Gulf cobia, are
the only small entities that would be directly affected by the proposed
rule, and therefore only the impacts on these small entities will be
discussed.
Although no Federal permit is required for the commercial harvest
and sale of Gulf cobia, vessels with other Federal commercial permits
are required to report their catches for all species harvested,
including Gulf cobia. On average from 2015 through 2019, there were 261
federally-permitted commercial vessels with reported landings of cobia
in the Gulf zone. Their average annual vessel-level gross revenue from
all species for 2015 through 2019 was approximately $195,000 (2019
dollars) and cobia harvested from the Gulf zone accounted for less than
one percent of this revenue. During the same time period, 248
federally-permitted commercial vessels reported landings of cobia in
the FLEC zone. Their average annual vessel-level revenue from all
species for 2015 through 2019 was approximately $46,000 (2019 dollars)
and cobia harvested from the FLEC zone accounted for approximately one
percent of this revenue. The maximum annual revenue from all species
reported by a single one of the vessels that harvested Gulf cobia from
2015 through 2019 was approximately $2.27 million (2019 dollars).
For anglers to fish for or possess CMP species in or from the Gulf
EEZ on for-hire vessels, those vessels are required to have a Federal
limited access Gulf Charter Vessel/Headboat for Coastal Migratory
Pelagics permit (Gulf CMP for-hire permit). On September 3, 2021, there
were 1,301 valid (non-expired) or renewable Gulf CMP for-hire permits
and 4 valid or renewable Gulf CMP historical captain for-hire permits.
For anglers to fish for or possess CMP species in or from the Mid-
Atlantic or South Atlantic EEZ on for-hire vessels, those vessels are
required to have a Federal open access South Atlantic Charter Vessel/
Headboat for Coastal Migratory Pelagics permit (SA CMP for-hire
permit). On September 3, 2021, there were 1,825 valid SA CMP for-hire
permits. Although the for-hire permit application collects information
on the primary method of operation, the permit does not identify the
permitted vessel as either a headboat or a charter vessel and vessels
may operate in both capacities. However, only federally-permitted
headboats are required to submit harvest and effort information to the
NMFS Southeast Region Headboat Survey (SRHS). Participation in the SRHS
is based on determination by the Southeast Fisheries Science Center
that the vessel primarily operates as a headboat. As of March 9, 2021,
69 Gulf headboats were registered in the SRHS. There were 39 Atlantic
headboats registered in the SRHS that may operate in the FLEC zone, as
well. As a result, of the 1,305 vessels with Gulf CMP for-hire permits
(including historical captain permits), up to 69 may primarily operate
as headboats and the remainder as charter vessels. Of the 1,825 vessels
with SA CMP for-hire permits, up to 39 may primarily operate as
headboats.
The average charter vessel operating in the Gulf is estimated to
receive approximately $90,000 (2019 dollars) in gross revenue and
$27,000 in net income (gross revenue minus variable and fixed costs)
annually. The average Gulf headboat is estimated to receive
approximately $272,000 (2019 dollars) in gross revenue and $79,000 in
net
[[Page 42695]]
income annually. The average charter vessel operating in the South
Atlantic is estimated to receive approximately $125,000 (2019 dollars)
in annual gross revenue. The average South Atlantic headboat is
expected to receive approximately $222,000 (2019 dollars) in annual
gross revenue. Estimates of annual net income for South Atlantic
charter vessels and headboats are not available.
As of July 12, 2021, there were 373 entities with a Federal Gulf
and South Atlantic Dealer permit. The number of these seafood dealers
that would be directly affected by this proposed rule is unknown;
therefore, this number may be considered an upper bound estimate.
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (North American Industry Classification
System (NAICS) code 11411) is classified as a small business if it is
independently owned and operated, is not dominant in its field of
operation (including its affiliates), and has combined annual receipts
not in excess of $11 million for all its affiliated operations
worldwide. All of the commercial fishing businesses directly regulated
by this proposed rule are believed to be small entities based on the
NMFS size standard.
The Small Business Administration (SBA) has established size
standards for all major industry sectors in the U.S. including for-hire
businesses (NAICS code 487210) and seafood dealers/wholesalers (NAICS
code 424460). A business primarily involved in the for-hire fishing
industry is classified as a small business if it is independently owned
and operated, is not dominant in its field of operation (including its
affiliates), and has combined annual receipts not in excess of $8
million for all its affiliated operations worldwide. All of the for-
hire vessels directly regulated by this proposed rule are believed to
be small entities based on the SBA size criteria. A business that
primarily operates as a seafood dealer/wholesaler is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates), and has
combined annual employment not in excess of 100 employees for all its
affiliated operations worldwide. Employment data for the dealers
directly regulated by this proposed rule are not available; however,
NMFS conservatively assumes a substantial number of these dealers are
small entities based on the SBA size criteria.
No other small entities that would be directly affected by this
proposed rule have been identified.
This proposed rule would modify the Gulf cobia stock ACL based on
the recommendations of the Councils' SSCs, as presented in July 2020.
The stock ACL would be set equal to the stock ABC or 2,600,000 lb
(1,179,340 kg) in 2022 and then increase to 2,760,000 lb (1,251,915 kg)
in 2023 and thereafter. These proposed ACLs are not directly comparable
to the status quo ACL of 2,600,000 lb (1,179,340 kg), because the
status quo ACL is based on MRIP-CHTS data for the recreational sector;
whereas, the proposed ACLs are based on newer MRIP-FES data. When
converted to an MRIP-FES equivalent value, however, the status quo ACL
is estimated to be approximately 4,500,000 lb (2,041,166). Although
this proposed rule is expected to result in a 42 percent to 39 percent
reduction in the stock ACL relative to the MRIP-FES equivalent status
quo ACL, these differences do not represent differences between status
quo harvest opportunities and expected future harvests. That is because
the stock ACL is sub-divided into zone and sector specific ACLs, and
those sub-ACLs dictate fishing opportunities. Also, based on historical
landings information, the stock ACL has been underutilized in the past,
and therefore, a reduction in the ACL may not impact harvests in the
short term. Additionally, because the Gulf zone ACL is shared by the
commercial and recreational sectors, and given the change from MRIP-
CHTS to MRIP-FES, the portion of the Gulf zone ACL that would be
harvested by each sector is unclear. Therefore, economic effects that
would result from these proposed ACL changes cannot be quantified.
This proposed rule would also modify the Gulf cobia stock ACL
apportionment to be 63 percent for the Gulf zone and 37 percent for the
FLEC zone, based on the MRIP-FES average landings for Gulf cobia for
the years 1998 through 2012, and use this apportionment to update the
zone ACLs based on the Gulf cobia stock ACL described above. This would
translate into an ACL for the Gulf zone of 1,638,000 lb (742,984 kg) in
2022 and 1,738,800 lb (788,706 kg) in 2023 and subsequent years. For
the FLEC zone, the ACL would be 962,000 lb (436,356 kg) in 2022 and
1,021,200 lb (463,209 kg) in 2023 and subsequent years. These proposed
changes to the stock ACL apportionment would result in a benefit
transfer from the Gulf zone to the FLEC zone, by allocating one percent
more of the Gulf cobia stock ACL to the FLEC zone as compared to the
status quo allocation. Because the new zone ACLs are not directly
comparable to the status quo zone ACLs, due to the change from MRIP-
CHTS to MRIP-FES, and because there is a single stock ACL for the Gulf
zone, with no sector sub-ACLs, the economic effects of this
reallocation to the commercial sector and the for-hire component of the
recreational sector cannot be quantified.
Additionally, this proposed rule would retain the FLEC zone cobia
ACL sector allocation of 8 percent to the commercial sector and 92
percent to the recreational sector and update the sector ACLs
accordingly. This would result in a FLEC zone commercial ACL of 76,960
lb (34,908 kg) in 2022 and 81,696 lb (37,057 kg) in 2023 and subsequent
years. Relative to the status quo FLEC zone commercial ACL of 70,000 lb
(31,751 kg), this would be an increase of 6,960 lb (3,157 kg) in 2022
and 11,696 lb (5,305 kg) in 2023 and subsequent years. The commercial
sector (including for-hire vessels that sell their catch) is not
expected to harvest the proposed ACL in full in the short-term, based
on the annual average commercial cobia landings for the FLEC zone from
2015 through 2019. However, harvest of the full FLEC zone ACL in the
future would result in an increase in estimated ex-vessel value of
$25,600 to $43,000 (2019 dollars) relative to the status quo. Divided
by the number of commercial vessels from 2015 through 2019 with
reported FLEC zone cobia landings, this would translate to an increase
in ex-vessel revenue of $103 to $173 dollars per vessel (less than one
percent of average annual per vessel revenue).
This proposed rule would use the Gulf Council's ACL/ACT Control
Rule to calculate ACTs for the Gulf zone and the recreational sector in
the FLEC zone, setting each ACT at 10 percent below their respective
zone ACLs. The Gulf zone stock ACT, which is shared by the commercial
and recreational sectors, would be 1,474,200 lb (668,686 kg) in 2022
and 1,564,920 lb (709,836 kg) in 2023 and subsequent years. In the Gulf
zone, the switch from a constant ACT to an ACT calculated using the
Gulf's control rule would result in the same buffer between the ACL and
the ACT of 10 percent. Therefore, this proposed change to the method
used for setting the ACT would not affect Gulf commercial cobia fishing
practices or harvests in the Gulf zone and would not result in economic
effects. The FLEC zone currently has no commercial sector ACT and none
is proposed.
This proposed rule would also reduce the daily possession limit for
cobia in the Gulf zone, for both recreational and
[[Page 42696]]
commercial sectors, to one fish per person. This commercial limit would
be codified as a commercial trip limit and the recreational limit as a
recreational bag limit. NMFS expects this to reduce commercial Gulf
zone cobia landings by 51 lb (23 kg) in total each year. The associated
loss in aggregate ex-vessel revenue expected to result from this
reduction is estimated at $188 (2019 dollars). The proposed rule would
also create a recreational vessel limit of two fish per trip and a
commercial trip limit of two fish per trip, noting that fishermen may
not exceed the per person daily possession limit. NMFS expects this to
reduce commercial landings by 1,295 lb (587 kg). The associated loss in
ex-vessel revenue is estimated at $4,793 (2019 dollars) or
approximately $18 per vessel per year, on average. It is not possible
to quantify the direct economic effects of these changes on for-hire
fishing vessels because data that describe commercial cobia landings on
for-hire vessels are not available; however, the proposed commercial
daily possession limit and commercial trip limit may reduce their
opportunity to sell cobia.
Moreover, this proposed rule would reduce the daily possession
limit for cobia in the FLEC zone, for both commercial and recreational
sectors, to one fish per person. NMFS expects this to reduce total
commercial FLEC zone cobia landings by 6,127 lb (2,779 kg). The
associated loss in ex-vessel revenue is estimated at $25,857 (2019
dollars) or approximately $104 per vessel per year, on average. The
proposed rule would also create a recreational vessel limit of two fish
per trip and a commercial vessel trip limit of two fish per trip,
noting that fishermen may not exceed the per person daily possession
limit. NMFS expects this to reduce total commercial landings by 3,939
lb (1,787 kg). The associated loss in ex-vessel revenue is estimated at
$16,622 (2019 dollars) or approximately $67 per vessel per year, on
average. It is not possible to quantify the direct economic effects of
these changes on for-hire fishing vessels due to data limitations
described earlier; however, the proposed commercial daily possession
limit and commercial trip limit may reduce their opportunity to sell
cobia.
This proposed rule would retain the current minimum size limit of
36 inches, fork length, in the Gulf zone and increase the minimum size
limit from 33 inches FL to 36 inches FL in the FLEC zone. NMFS expects
this to reduce commercial landings in the FLEC zone by 11,904 lb (5,400
kg). The associated loss in ex-vessel revenue is estimated to be
$50,237 (2019 dollars) or approximately $203 per vessel per year, on
average (less than one percent of average annual per vessel revenue).
It is not possible to quantify the direct economic effects of the
change in the minimum size limit on for-hire fishing vessels due to
data limitations described earlier; however, it may reduce their
opportunity to sell cobia.
Finally, this proposed rule would modify the framework procedure to
update the responsibilities of each Council for setting regulations for
Gulf cobia. Specifically, it would expand the South Atlantic Council's
responsibilities for Gulf cobia in the FLEC zone to include: per person
bag and possession limits, size limits, in-season and post-season
accountability measures, and specification of ACTs or sector ACTs. The
South Atlantic Council would independently approve framework actions
pertaining to these specific management measures for the FLEC zone for
Gulf cobia. Two additional corrections are being included to the
framework procedure via this proposed rule. Atlantic group cobia was
removed from the CMP FMP through the final rule implementing Amendment
31. However, the CMP framework procedure was not updated at that time
to remove reference to Atlantic group cobia. In addition, the CMP
framework language referencing the ABC/ACL Control Rule is incorrect
because it lacks an ABC/ACL control rule. Instead, the CMP framework
language should refer to the ABC and ACL/ACT Control Rules. The
Councils are making these corrections through this proposed rule. The
proposed changes to the CMP framework are administrative in nature and
would not have direct economic effects on any small entities.
The following discussion describes the alternatives that were not
selected as preferred by the Councils.
Three alternatives were considered for the action to modify the
Gulf cobia OFL, ABC, and ACL. The first alternative, the no action
alternative, would maintain the current reference points (OFL and ABC)
and the stock ACL for Gulf group cobia. The no-action alternative would
not be expected to change fishing practices or commercial harvests of
Gulf cobia, nor result in economic effects. This alternative was not
selected by the Councils because it would be inconsistent with the
SSCs' latest catch limit recommendations and the transition to MRIP-
FES, and therefore, would not be based on the best scientific
information available. The second alternative is the preferred
alternative. The third alternative would modify the Gulf cobia stock
OFL, ABC, and ACL as a constant catch value for 2021 and subsequent
fishing years or until changed by a future management action. The stock
ACL would be set equal to the stock ABC or 2,340,000 lb (1,061,406 kg)
for 2021 and thereafter. This would be 260,000 lb (117,934 kg) less
than the preferred alternative in 2022 and 420,000 lb (190,509 kg) less
than the preferred alternative for 2023 and subsequent years.
Therefore, this alternative would be expected to provide fewer
commercial fishing opportunities and lower economic benefits in the
long term as compared to the preferred alternative. This alternative
was not selected by the Councils because they determined that it was
unnecessary to prevent overfishing and would unnecessarily limit future
harvest levels and associated economic benefits for the commercial and
recreational sectors.
Four alternatives were considered for the action to modify the Gulf
cobia stock apportionment between the Gulf zone and the FLEC zone. The
first alternative, the no action alternative, would retain the current
Gulf cobia stock ACL apportionment of 64 percent to the Gulf zone and
36 percent to the FLEC zone based on MRIP-CHTS average landings for
Gulf cobia for the years 1998-2012. The first alternative was not
selected by the Councils. It would not align with the SSCs' OFL and ABC
recommendations based on the SEDAR 28 Update assessment to monitor
recreational catch and effort in MRIP-FES data currency (SEDAR 28
Update 2020), nor would the calculation use FLEC zone cobia-specific
landings. The second alternative would retain the Gulf cobia stock ACL
apportionment between the zones at 64 percent to the Gulf zone and 36
percent to the FLEC zone, and use this apportionment to update both
zone ACLs in MRIP-FES units. This alternative was not selected by the
Councils because it fails to account for the effects of the change in
recreational data reporting on historical landings during the time
series used to set the current allocation (1998-2012). The third
alternative is the preferred alternative. The fourth alternative would
modify the Gulf cobia stock ACL apportionment to be 59 percent to the
Gulf zone and 41 percent to the FLEC zone, based on the MRIP-FES
average landings for Gulf cobia for the years 2003-2019, and use this
apportionment to update the zone ACLs. This would result in a 4 percent
lesser allocation percentage to the Gulf zone relative to the preferred
alternative. The Councils did not select this alternative because the
landings during the latter years in the time series may be biased by
recent
[[Page 42697]]
changes in the management of Gulf cobia.
Four alternatives were considered for the action to modify the FLEC
zone cobia allocation between the commercial and recreational sectors.
The first alternative, the no action alternative, would retain the FLEC
zone cobia ACL allocation of 8 percent to the commercial sector and 92
percent to the recreational sector based on the South Atlantic
Council's allocation formula for Atlantic group cobia based on MRIP-
CHTS landings, which balanced historical catches (2000-2008) with more
recent landings (2006-2008). The first alternative was not selected by
the Councils. It would not align with the SSCs' OFL and ABC
recommendations based on the SEDAR 28 Update assessment to monitor
recreational catch and effort in MRIP-FES data currency (SEDAR 28
Update 2020). The second alternative would modify the FLEC zone cobia
ACL allocation to be 5 percent to the commercial sector and 95 percent
to the recreational sector based on the South Atlantic Council's
allocation formula for Atlantic group cobia applied to historic MRIP-
FES data for FLEC zone cobia specific landings. This formula balanced
historical catches landings (2000-2008) with more recent landings
(2006-2008). This alternative would result in a FLEC zone commercial
ACL of 48,100 lb (21,818 kg) in 2022 and 51,060 lb (23,160 kg) in 2023
and subsequent years based on the preferred alternative in the first
action for an increasing catch yield stream. Relative to the preferred
alternative this would be a decrease in the FLEC zone commercial ACL of
28,860 lb (13,091 kg) in 2022 and 30,636 lb (13,896 kg) in 2023 and
subsequent years. If the commercial ACL constrains harvest in the
future, this would represent a potential loss in ex-vessel revenue of
$121,789 to $129,284 (2019 dollars); or, approximately $491 to $521 per
vessel per year, on average. The Councils did not select this
alternative because they did not want to decrease the commercial sector
ACL. The third alternative is the preferred alternative. The fourth
alternative would modify the FLEC zone cobia ACL allocations to be
calculated based on maintaining the current commercial ACL (i.e.,
70,000 lb (31,751 kg)) beginning in the 2021 fishing year and
allocating the remaining revised total ACL to the recreational sector.
The allocation percentages for 2021 would then be applied to the FLEC
zone cobia ACL in years following 2021. This alternative would result
in a FLEC zone commercial ACL of 77,778 lb (35,280 kg) in 2022 and
82,564 lb (37,450 kg) in 2023 and subsequent years. Relative to the
preferred alternative this would be an increase in the FLEC zone
commercial ACL of 818 lb (371 kg) in 2022 and 868 lb (394 kg) in 2023
and subsequent years. If the commercial ACL constrains harvest in the
future, this would represent a potential increase in aggregate ex-
vessel revenue of $3,452 to $3,663 (2019 dollars); or, approximately
$15 per vessel per year, on average. This alternative was not selected
by the Councils because they believed it was a more complicated
approach to achieving the same goal as the preferred alternative (no
reduction in the commercial ACL), the benefits to the commercial sector
would be minimal, and it would potentially create confusion for fishery
stakeholders when revisiting sector allocations in the future.
Three alternatives were considered for the action to update and/or
establish ACTs for the Gulf group cobia zones. The first alternative,
the no action alternative, would maintain the current formula for
setting the Gulf cobia ACTs in the Gulf zone and FLEC zone. Under this
alternative the Gulf zone ACT would be set at 90 percent of the Gulf
zone ACL and the FLEC zone ACT would be set at the FLEC zone ACL
multiplied by [(1-Proportional Standard Error [PSE] of the FLEC zone
recreational landings) or 0.5, whichever is greater]. This alternative
would result in the same ACT buffer for the Gulf zone of 10 percent
relative to the preferred alternative. However, the FLEC zone
recreational sector would retain a 17 percent ACT buffer. This
alternative was not selected by the Councils because they wanted a
consistent method for setting ACTs in each zone. The second alternative
is the preferred alternative. The third alternative would establish an
ACT for the commercial sector in the FLEC zone using the Gulf Council's
ACL/ACT Control Rule. Relative to the preferred alternative, this
alternative has the potential to reduce commercial fishing
opportunities for FLEC zone cobia, as this sector has not historically
had an ACT. Therefore, it would be expected to result in greater
associated economic losses to commercial fishing businesses over the
long term. This alternative was not selected by the Councils because
the commercial quota monitoring system is effective and there is low
risk of overages for the FLEC zone commercial sector.
Four alternatives were considered for the action to modify the
possession, vessel, and trip limits for cobia in the Gulf zone. The
first alternative, the no action alternative, would retain the current
commercial and recreational daily possession limit of two fish per
person and would not implement a vessel or trip limit. Therefore, this
alternative would not be expected to result in economic effects to
small entities. This alternative was not selected by the Councils
because it would forgo biological benefits to the stock afforded by
reduced fishing pressure. The second alternative is the preferred
alternative and contains two preferred options that would apply to both
the recreational sector and the commercial sector, respectively. The
third alternative, which was also selected as preferred, would create a
recreational vessel limit; however, fishermen would not be allowed to
exceed the per person daily possession limit. The third alternative
contained three options. The first option was selected as preferred,
which would set the recreational vessel limit at two fish per vessel
per trip. The second and third options would set the vessel limit per
trip at four fish and six fish, respectively. Changes to the
recreational vessel limit would not have a direct economic effect on
any small entities. The fourth and final alternative for this action,
also selected as preferred, would set a commercial trip limit; however,
fishermen would not be allowed to exceed the per person daily
possession limit. The fourth alternative also contained three options.
The first option was selected as preferred, which would set the
commercial trip limit at two fish per trip. The second and third
options would set the trip limit at four fish and six fish,
respectively. Relative to the preferred option, these would be expected
to result in commercial cobia landings that are 926 to 1,296 lb (420 to
588 kg) greater. These additional landings would be worth an estimated
$3,426 to $4,795 (2019 dollars) or less than $19 in ex-vessel revenue
per vessel per year, on average. The Councils did not select the second
and third options because they would be inconsistent with harvest
limits in Florida state waters in the Gulf and, therefore, would not
aid with compliance and enforcement.
Four alternatives were considered for the action to modify the
possession, vessel, and trip limits for cobia in the FLEC zone. The
first alternative, the no action alternative, would retain the current
recreational and commercial daily possession limit of two fish per
person in the FLEC zone, and would not implement a vessel or trip
limit. Therefore, this alternative would not be expected to result in
economic effects to small entities. This alternative was not selected
by the Councils because it
[[Page 42698]]
would forgo biological benefits to the stock afforded by reduced
fishing pressure as well as a potentially longer recreational season.
The second alternative is the preferred alternative and contains two
preferred options that would apply to both the recreational sector and
the commercial sector, respectively. The third alternative, which was
also selected as preferred, would create a recreational vessel limit;
however, fishermen would not be allowed to exceed the per person daily
possession limit. The third alternative contained three options. The
first option was selected as preferred, which would set the
recreational vessel limit at two fish per vessel per trip. The second
and third options would set the vessel limit per trip at four fish and
six fish, respectively. Changes to the recreational vessel limit would
not have a direct economic effect on any small entities. The fourth and
final alternative for this action, also selected as preferred, would
set a commercial vessel trip limit; however, fishermen would not be
allowed to exceed the per person daily possession limit. The fourth
alternative also contained three options. The first option was selected
as preferred, which would set the commercial vessel trip limit at two
fish per trip. The second and third options would set the commercial
vessel trip limit at four fish and six fish, respectively. Relative to
the preferred option, these would be expected to result in commercial
cobia landings that are 2,626 lb (1,191 kg) greater. These additional
landings would be worth an estimated $11,082 (2019 dollars) or
approximately $45 in ex-vessel revenue per vessel per year, on average.
The Councils did not select the second and third options because they
wanted to be consistent with the commercial trip limit proposed for the
Gulf zone.
Four alternatives were considered for the action to modify the Gulf
cobia minimum size limit. The first alternative, the no action
alternative, would retain the current commercial and recreational
minimum size limit of 36 inches (94.1 cm), fork length, in the Gulf
zone and 33 inches (83.8 cm), fork length, in the FLEC zone. This would
not be expected to result in economic effects on any small entities.
The first alternative was not selected by the Councils, because they
believed an increased minimum size limit in the FLEC zone would benefit
the stock by allowing for a greater proportion of the stock to become
sexually mature prior to being harvested. They also wanted consistent
cobia size limits in Federal waters. The second alternative is the
preferred alternative. The third alternative would increase the
commercial and recreational minimum size limit to 39 inches (99.1 cm),
fork length. The third alternative contained two options that would
apply the 39 inch (99.1 cm) minimum size limit to the Gulf zone and the
FLEC zone, respectively. Increasing the minimum size limit to 39 inches
(99.1 cm), fork length, from 36 inches (94.1 cm), fork length, in the
Gulf zone would be expected to result in a loss of 9,618 lb (4,363 kg)
and $35,586 (2019 dollars) in ex-vessel revenue ($136 per vessel per
year, on average). In the FLEC zone, a minimum size limit of 39 inches
(99.1 cm), fork length, would lead to a loss in landings that is 9,498
lb (4,308 kg) greater than what is expected under the preferred
alternative. This would translate into an additional $40,078 (2019
dollars) reduction in ex-vessel revenue or $162 per vessel per year, on
average, relative to the preferred alternative. The fourth and final
alternative for this action would increase the commercial and
recreational minimum size limit to 42 inches (106.7 cm), fork length.
The fourth alternative contained two options that would apply the 42
inch (106.7 cm) minimum size limit to the Gulf zone and the FLEC zone,
respectively. Increasing the minimum size limit to 42 inches (106.7
cm), fork length, would be expected to result in a loss of 19,287 lb
(8,748 kg) and $71,361 (2019 dollars) in ex-vessel revenue ($273 per
vessel per year, on average) in the Gulf zone. In the FLEC zone, a
minimum size limit of 42 inches (106.7 cm), fork length, would lead to
a loss in landings that is 14,487 lb (6,571 kg) greater than what is
expected under the preferred alternative. This would translate into an
additional $61,133 reduction in ex-vessel revenue or $247 per vessel
per year, on average, relative to the preferred alternative. The
Councils did not select the third or fourth alternative and two options
for each of those two alternatives because they would indirectly drive
fishing efforts to target more fecund female cobia, which may have a
negative effect on the spawning stock biomass and could result in
shorter fishing seasons due to heavier fish being landed.
Finally, two alternatives were considered for the action to modify
the framework procedure. The first alternative, the no action
alternative, would not make any changes to the framework procedure and
thus would not have any economic effects on any small entities. It was
not selected by the Councils because it would forgo the biological,
social, and economic benefits of allowing the South Atlantic Council to
react quicker and be more responsive to updated scientific information
or changes in fishing harvest for FLEC zone cobia. The second
alternative is the preferred alternative.
An additional item is contained in the proposed rule that is not
included in Amendment 32, namely a revision to the language in 50 CFR
622.386(c). This revision would allow federally-permitted dealers to
purchase cobia harvested in or from the Gulf or South Atlantic EEZ from
any vessel, regardless of whether the vessel has been issued a Federal
commercial vessel permit or a Federal charter vessel/headboat permit.
It is unclear how many vessels and dealers would be impacted by this
change; however, NMFS expects the direct economic effects to be
positive because this change would expand the opportunity for federally
and non-federally permitted vessels, and federally-permitted dealers to
sell or buy Gulf cobia, respectively.
No duplicative, overlapping, or conflicting Federal rules have been
identified. In addition, no new reporting, record-keeping, or other
compliance requirements are introduced by this proposed rule. This
proposed rule contains no information collection requirements under the
Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 622
Annual catch limits, Bag and possession limits, Cobia, Fisheries,
Fishing, Gulf of Mexico, Trip limits.
Dated: July 13, 2022.
Kimberly Damon-Randall,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is
proposed to be amended as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.380, revise paragraph (a)(1)(ii) to read as follows:
Sec. 622.380 Size limits.
* * * * *
(a) * * *
(1) * * *
(ii) Florida east coast zone. 36 inches (91.4 cm), fork length.
* * * * *
[[Page 42699]]
0
3. In Sec. 622.382, add paragraph (b) to read as follows:
Sec. 622.382 Bag and possession limits.
* * * * *
(b) Gulf migratory group cobia--(1) Bag limits. The following
applies to persons who fish for cobia in the Gulf zone or Florida east
coast zone, and do not sell their catch.
(i) 1 fish per person per day, not to exceed 2 fish per vessel per
trip.
(ii) [Reserved]
(2) [Reserved]
Sec. 622.383 [Removed and Reserved]
0
4. Remove and reserve Sec. 622.383.
0
5. In Sec. 622.384, revise paragraphs (d)(1) and (e)(2) to read as
follows:
Sec. 622.384 Quotas.
* * * * *
(d) * * *
(1) Gulf migratory group--(i) Gulf zone. For the 2022 fishing year,
the stock quota is 1,474,200 lb (668,686 kg). For the 2023 fishing year
and subsequent fishing years, the stock quota is 1,564,920 lb (709,836
kg).
(ii) Florida east coast zone. The following quotas apply to persons
who fish for cobia and sell their catch. For the 2022 fishing year the
quota is 76,960 lb (34,908 kg). For the 2023 fishing year and
subsequent fishing years the quota is 81,696 lb (37,057 kg).
* * * * *
(e) * * *
(2) The sale or purchase of king mackerel, Spanish mackerel, or
cobia of the closed species, migratory group, zone, or gear type is
prohibited, including any king or Spanish mackerel taken under the bag
and possession limits specified in Sec. 622.382(a), or cobia taken
under the bag and possession limits specified in Sec. 622.382(b). The
prohibition on the sale or purchase during a closure for coastal
migratory pelagic fish does not apply to coastal migratory pelagic fish
that were harvested, landed ashore, and sold prior to the effective
date of the closure and were held in cold storage by a dealer or
processor.
0
6. In Sec. 622.385, add paragraph (c) to read as follows:
Sec. 622.385 Commercial trip limits.
* * * * *
(c) Cobia. (1) [Reserved]
(2) Gulf migratory group. The following trip limit applies to
persons who fish for cobia and sell their catch.
(i) Gulf zone and Florida east coast zone. Cobia in or from the EEZ
may be possessed or landed in amounts not exceeding 1 fish per person
and 2 fish per vessel.
(ii) [Reserved]
0
7. In Sec. 622.386, revise paragraph (c) to read as follows:
Sec. 622.386 Restrictions on sale/purchase.
* * * * *
(c) Dealer receipt of fish. King or Spanish mackerel harvested in
or from the Gulf, Mid-Atlantic, or South Atlantic EEZ may be first
received by a dealer who has a valid Federal Gulf and South Atlantic
dealer permit, as required under Sec. 622.370(c)(1), only from a
vessel that has a valid Federal commercial vessel permit for king or
Spanish mackerel, as required under Sec. 622.370(a), or a valid
Federal charter vessel/headboat permit for coastal migratory pelagic
fish, as required under Sec. 622.370(b).
* * * * *
0
8. In Sec. 622.388, revise paragraph (e)(1)(ii), (e)(2)(ii)(A), and
(e)(2)(iii) to read as follows:
Sec. 622.388 Annual catch limits (ACLs), annual catch targets
(ACTs), and accountability measures (AMs).
* * * * *
(e) * * *
(1) * * *
(ii) The stock ACLs for Gulf migratory group cobia in the Gulf zone
are 1,638,000 lb (742,984 kg) for 2022, and 1,738,800 lb (788,706 kg)
for 2023 and subsequent fishing years.
(2) * * *
(ii) * * *
(A) If the sum of cobia landings that are sold and not sold, as
estimated by the SRD, exceeds the stock ACL, as specified in paragraph
(e)(2)(iii) of this section, the AA will file a notification with the
Office of the Federal Register, at or near the beginning of the
following fishing year to reduce the length of the following fishing
season by the amount necessary to ensure landings may achieve the
applicable ACT, but do not exceed the applicable ACL in the following
fishing year. Further, during that following year, if necessary, the AA
may file additional notification with the Office of the Federal
Register to readjust the reduced fishing season to ensure harvest
achieves the ACT but does not exceed the ACL. The applicable ACTs for
the Florida east coast zone of cobia are 796,536 lb (361,303 kg) for
2022, and 845,554 lb (383,537 kg) for 2023 and subsequent fishing
years. The applicable ACLs for the Florida east coast zone of cobia are
885,040 lb (401,447 kg) for 2022, and 939,504 lb (426,152 kg) for 2023
and subsequent fishing years.
* * * * *
(iii) Stock ACLs. The stock ACLs for Florida east coast zone cobia
are 962,000 lb (436,356 kg) for 2022, and 1,021,200 lb (463,209 kg) for
2023 and subsequent fishing years.
[FR Doc. 2022-15272 Filed 7-15-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on July 18, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.