[Federal Register Volume 82, Number 33 (Tuesday, February 21, 2017)]
[Proposed Rules]
[Pages 11166-11170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03290]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 161103999-7146-01]
RIN 0648-BG43


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic 
Region; Framework Amendment 4

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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[[Page 11167]]

SUMMARY: NMFS proposes to implement management measures described in 
Framework Amendment 4 to the Fishery Management Plan for the Coastal 
Migratory Pelagics Fishery of the Gulf of Mexico and Atlantic Region 
(FMP) as prepared and submitted jointly by the Gulf of Mexico Fishery 
Management Council and South Atlantic Fishery Management Council 
(Councils). For the recreational sector, this proposed rule would 
establish bag and vessel limits, and revise the minimum size limit and 
accountability measures (AMs) for Atlantic migratory group cobia 
(Atlantic cobia). This proposed rule would also establish a commercial 
trip limit for Atlantic cobia. Framework Amendment 4 and this proposed 
rule apply to the commercial and recreational harvest of Atlantic cobia 
in the exclusive economic zone (EEZ) from Georgia through New York. The 
purpose of Framework Amendment 4 and this proposed rule is to slow the 
rate of harvest of Atlantic cobia and reduce the likelihood that 
landings will exceed the commercial and recreational annual catch 
limits (ACL), thereby triggering the AMs and reducing harvest 
opportunities.

DATES: Written comments must be received on or before March 23, 2017.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2016-0167,'' by either of the following methods:
     Electronic submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal: http://www.regulations.gov. Go to www.regulations.gov/#!docketDetail;D=NOAA-
NMFS-2016-0167, click the ``Comment Now!'' icon, complete the required 
fields, and enter or attach your comments.
     Mail: Submit written comments to Karla Gore, 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 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), 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 required fields if you wish to remain 
anonymous).
    Electronic copies of Framework Amendment 4 may be obtained from the 
Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_sa/cmp/2016/framework_am4/index.html. 
Framework Amendment 4 includes an environmental assessment, a 
Regulatory Flexibility Act (RFA) analysis, and a regulatory impact 
review.

FOR FURTHER INFORMATION CONTACT: Karla Gore, Southeast Regional Office, 
NMFS, telephone: 727-551-5753, or email: [email protected].

SUPPLEMENTARY INFORMATION: The coastal migratory pelagic fishery of the 
Gulf and Atlantic Regions is managed under the FMP and includes the 
management of the Gulf and Atlantic migratory groups of king mackerel, 
Spanish mackerel, and cobia. The FMP was prepared jointly by the 
Councils and is implemented through regulations at 50 CFR part 622 
under authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act).

Background

    The Magnuson-Stevens Act requires NMFS and regional fishery 
management councils to prevent overfishing and achieve, on a continuing 
basis, optimum yield from federally managed fish stocks. All weights 
described in this proposed rule are in round weight.
    The current recreational AM for Atlantic cobia provides that if 
landings exceed the stock ACL (commercial and recreational ACLs 
combined), then during the following fishing year, the length of the 
recreational season will be reduced by the amount necessary to ensure 
recreational landings may achieve the recreational annual catch target 
(ACT) of 500,000 lb (226,796 kg) for 2016 and subsequent fishing 
years), but do not exceed the recreational ACL.
    The current commercial AM for Atlantic cobia provides that if 
commercial landings reach or are estimated to reach the commercial 
quota (ACL), then the commercial sector will be closed for the 
remainder of the fishing year. The commercial quota for Atlantic cobia 
is 50,000 lb (22,680 kg).
    Additionally, cobia is currently defined as a limited harvest 
species and no person may possess more than two cobia per day in or 
from the Gulf, Mid-Atlantic, or South Atlantic EEZ, regardless of 
whether harvested by the commercial or recreational sector.
    In 2015, recreational landings for Atlantic cobia exceeded the 2015 
recreational ACL of 630,000 lb (285,763 kg) and the 2015 stock ACL of 
690,000 lb (312,979 kg). Therefore, as a result of the stock ACL being 
exceeded in 2015, the 2016 recreational season for Atlantic cobia in 
Federal waters closed on June 20, 2016 (81 FR 12601, March 10, 2016). 
Because the recreational closure occurred during months of high 
recreational effort for cobia, the early closure had negative social 
and economic impacts on recreational anglers, charter vessel and 
headboat (for-hire) businesses, for-hire clients, and associated 
businesses such as tackle shops.
    The following actions in Framework Amendment 4 and this proposed 
rule are intended to slow the rate of harvest of Atlantic cobia and 
reduce the likelihood that sector landings will exceed the sector and 
stock ACLs, thereby triggering the AMs and reducing harvest 
opportunities. The goal is to provide equitable access for all 
recreational participants in the participants in the Atlantic cobia 
component of the coastal migratory pelagics fishery.

Management Measures Contained in This Proposed Rule

    For the recreational sector, this proposed rule would establish bag 
and vessel limits and revise the minimum size limit and AMs for 
Atlantic cobia. This proposed rule would also establish a commercial 
trip limit for Atlantic cobia. As a result of the proposed recreational 
bag and possession limits and the commercial trip limit, Atlantic 
migratory cobia would no longer be subject to the two fish per person 
per day possession limit for limited harvest species.

Recreational Minimum Size Limit

    The current minimum size limit for the recreational harvest of 
Atlantic cobia in the EEZ is 33 inches (83.8 cm), fork length. This 
proposed rule would increase the recreational minimum size limit for 
the Atlantic cobia recreational sector to 36 inches (91.4 cm), fork 
length. This modification would result in a recreational harvest 
reduction in the Atlantic, that in combination with the proposed 
recreational bag and vessel limits, would be expected slow the rate of 
recreational harvest and thereby reduce the likelihood of exceeding the 
recreational and stock ACLs and thereby triggering the AM.

Recreational Bag and Vessel Limits

    This proposed rule would remove Atlantic cobia from the limited 
harvest species possession limit and would establish a recreational bag 
limit of one fish per person per day or six fish per vessel, whichever 
is more restrictive.

[[Page 11168]]

    As explained above, the proposed increase in the recreational 
minimum size limit, and the proposed recreational bag limit and vessel 
limit are expected to slow the harvest rate and reduce the likelihood 
that recreational landings will exceed the ACL and trigger the 
recreational AMs for the following fishing year.

Recreational AMs

    This proposed rule would revise the recreational AMs for Atlantic 
cobia. Currently, if the sum of commercial and recreational landings of 
cobia exceed the stock ACL, then during the following fishing year, the 
length of the recreational fishing season will be reduced to ensure 
that the harvest achieves the recreational ACT, but does not exceed the 
recreational ACL. Also, the current recreational AM uses a moving 
average of the most recent 3 years of landings to compare to the ACL. 
Additionally, if Atlantic cobia are overfished, and the stock ACL is 
exceeded, then during the following fishing year the recreational ACL 
and ACT would be reduced by the amount of any recreational ACL overage.
    Framework Amendment 4 would remove the current 3-year average of 
landings to compare to the ACL. NMFS expects that using a single year 
of landings to determine if an overage occurred will better represent 
the patterns and behavior of the Atlantic cobia fishery. Cobia landings 
can be variable; including very high or very low recreational landings 
into a 3-year average can result in an artificial reduction or 
lengthening of the recreational fishing season, respectively.
    The proposed recreational AM would require that if the recreational 
ACL and the stock ACL are exceeded, then during the following fishing 
year, recreational landings will be monitored for a persistence in 
increased landings, and, if necessary, the Assistant Administrator for 
Fisheries, NOAA (AA) will file a notification with the Office of the 
Federal Register to reduce the recreational vessel limit, to no less 
than 2 fish per vessel to ensure recreational landings achieve the 
recreational ACT, but do not exceed the recreational ACL in that 
fishing year. Any reduction to the proposed recreational vessel limit 
would only apply for the fishing year in which it is implemented. 
Additionally, if the reduction to the vessel limit is insufficient to 
ensure that recreational landings will not exceed the recreational ACL, 
then the length of the recreational fishing season would also be 
reduced to ensure recreational landings do not exceed the recreational 
ACL in that fishing year. The recreational vessel limit and the length 
of the recreational fishing season would not be reduced if NMFS 
determines, based on the best scientific information available, that a 
recreational vessel limit and fishing season reduction are unnecessary.

Commercial Trip Limit

    There is currently no specific commercial trip limit for Atlantic 
cobia. However, as previously discussed, Atlantic cobia is currently a 
limited harvest species and there is a possession limit of two cobia 
per person per day for both sectors. This proposed rule would remove 
Atlantic cobia from the limited harvest species possession limit and 
establish a commercial trip limit for Atlantic cobia of two fish per 
person per day or six fish per vessel per day, whichever is more 
restrictive.
    Establishing a commercial trip limit will reduce the rate of 
harvest of cobia to help ensure the commercial and stock ACLs are not 
exceeded and the AMs triggered, resulting in a reduced season length or 
reduced vessel limit for the recreational sector and a commercial 
closure as a result of exceeding the commercial quota.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
Regional Administrator, Southeast Region, NMFS, has determined that 
this proposed rule is consistent with Framework Amendment 4, 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.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this rule, if adopted, would not have 
significant economic impacts on a substantial number of small entities. 
The factual basis for this determination is as follows:
    A description of this proposed rule, why it is being considered, 
the objectives of, and legal basis for this proposed rule are contained 
at the beginning of this section in the preamble and in the SUMMARY 
section of the preamble of this proposed rule. The Magnuson-Stevens Act 
provides the statutory basis for this proposed rule.
    NMFS expects this proposed rule to directly affect federally 
permitted commercial fishermen fishing for Atlantic cobia. Recreational 
anglers fishing for Atlantic cobia would also be directly affected by 
the proposed action, but they are not considered business entities 
under the RFA. Charter vessel and headboat operations are business 
entities but they are only indirectly affected by the proposed rule. 
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 (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 affiliates), and has 
combined annual receipts not in excess of $11 million for all its 
affiliated operations worldwide.
    From 2010 through 2015, excluding the Mid-Atlantic states, an 
annual average of 98 vessels took 318 commercial trips that combined 
landed an average of 13,469 lb (6,109 kg) gutted weight of Atlantic 
cobia annually with a dockside value (2014 dollars) of $31,115. Average 
annual dockside revenue from Atlantic cobia represented approximately 
3.6 percent of total dockside revenues from trips that landed Atlantic 
cobia from 2010 through 2015. For the Mid-Atlantic states during the 
same time period, an annual average of 24 vessels took 178 commercial 
trips that combined landed an average of 14,732 lb (6,682 kg) landed 
weight of Atlantic cobia annually with a dockside value (2014 dollars) 
of $39,227. For these vessels, per vessel revenue (2014 dollars) from 
Atlantic cobia was approximately $1,644. On average, vessels in the 
South Atlantic that harvested Atlantic cobia also took 2,338 commercial 
fishing trips per year without Atlantic cobia landings. Combining all 
sources of revenues, the average annual dockside revenues of vessels 
that landed Atlantic cobia was $74,066 (2014 dollars) per vessel. 
Annual dockside revenues from Atlantic cobia landings represented, on 
average, approximately 0.4 percent of the total dockside revenues from 
all commercial landings from 2010 through 2015 of vessels that landed 
Atlantic cobia. On average, the crew size per trip, including captains, 
of vessels in the South Atlantic that landed Atlantic cobia was 1.8 
persons for hook and line vessels, 2.0 persons for gillnet vessels, and 
2.4 persons for vessels using other gear types. The overall average 
crew size per trip for all vessels landing Atlantic cobia was less than 
2 persons. Similar information on overall revenues from all sources and 
crew size for vessels in the Mid-Atlantic is not available. However, it 
is expected that the crew size for vessels in the Mid-Atlantic would be

[[Page 11169]]

similar to that for vessels in the Southeast because they employ 
similar gear types in fishing for Atlantic cobia. Vessels that caught 
and landed Atlantic cobia may also operate in other fisheries, such as 
the shellfish fisheries, the revenues of which are not known and are 
not reflected in these totals. Based on revenue information, all 
commercial vessels directly affected by the proposed rule may be 
assumed to be small entities.
    Because all entities expected to be directly affected by this 
proposed rule are assumed to be small entities, NMFS has determined 
that this proposed rule would affect a substantial number of small 
entities; however, the issue of disproportionate effects on small 
versus large entities does not arise in the present case.
    The proposed rule would establish a commercial cobia trip limit of 
two fish per person per day and would also implement a limit of six 
fish per vessel per day, whichever is more restrictive. This action 
would affect only those vessels with a crew of more than three persons. 
Noting that the 2010 through 2015 average crew size for vessels landing 
Atlantic cobia was less than two persons per trip, it is likely that 
this action would have only minor effects on vessel revenues. It is, 
therefore, expected that this proposed rule would not have significant 
economic impacts on a substantial number of small entities.
    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. 
Accordingly, this rule does not implicate the Paperwork Reduction Act.
    The information provided above supports a determination that this 
proposed rule would not have significant economic impacts on a 
substantial number of small entities. Because this proposed rule, if 
implemented, is not expected to have significant economic impacts on 
any small entities, an initial regulatory flexibility analysis is not 
required and none has been prepared.

List of Subjects in 50 CFR Part 622

    Annual catch limits, Cobia, Fisheries, Fishing, Gulf of Mexico, 
South Atlantic.

    Dated: February 14, 2017.
Alan D. Risenhoover,
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) to read as follows:


Sec.  622.380   Size limits.

* * * * *
    (a) Cobia. (1) In the Gulf--33 inches (83.8), fork length.
    (2) In the Mid-Atlantic or South Atlantic. (i) 33 inches (83.8), 
fork length, for cobia that are sold (commercial sector).
    (ii) 36 inches (91.4 cm), fork length, for cobia that are not sold 
(recreational sector).
* * * * *
0
3. In Sec.  622.382, revise paragraph (a) introductory text and add 
paragraph (a)(1)(vi) to read as follows:


Sec.  622.382   Bag and possession limits.

* * * * *
    (a) King mackerel, Spanish mackerel, and Atlantic migratory group 
cobia--
    (1) * * *
    (vi) Atlantic migratory group cobia that are not sold (recreational 
sector)--1, not to exceed 6 fish per vessel per day.
* * * * *
0
4. In Sec.  622.383, revise paragraph (b) to read as follows:


Sec.  622.383   Limited harvest species.

* * * * *
    (b) Gulf migratory group cobia. No person may possess more than two 
Gulf migratory group cobia per day in or from the EEZ, regardless of 
the number of trips or duration of a trip.
0
5. In Sec.  622.385, add paragraph (c) to read as follows:


Sec.  622.385   Commercial trip limits.

* * * * *
    (c) Cobia. (1) Atlantic migratory group. Until the commercial ACL 
specified in Sec.  622.384(d)(2) is reached, 2 fish per person, not to 
exceed 6 fish per vessel.
    (2) [Reserved]
0
6. In Sec.  622.388, revise paragraph (f) to read as follows:


Sec.  622.388  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

* * * * *
    (f) Atlantic migratory group cobia. (1) The following ACLs and AMs 
apply to cobia that are sold (commercial sector):
    (i) If the sum of the cobia landings that are sold, as estimated by 
the SRD, reach or are projected to reach the quota specified in Sec.  
622.384(d)(2) (ACL), the AA will file a notification with the Office of 
the Federal Register to prohibit the sale and purchase of cobia for the 
remainder of the fishing year;
    (ii) In addition to the measures specified in paragraph (f)(1)(i) 
of this section, if the sum of the cobia landings that are sold and not 
sold in or from the Atlantic migratory group, as estimated by the SRD, 
exceeds the stock ACL, as specified in paragraph (f)(3) of this 
section, and Atlantic migratory group cobia are overfished, based on 
the most recent status of U.S. Fisheries Report to Congress, 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 
applicable quota (ACL), as specified in paragraph (f)(1)(i) of this 
section, for that following year by the amount of any applicable 
sector-specific ACL overage in the prior fishing year.
    (2) The following ACLs and AMs apply to cobia that are not sold 
(recreational sector). If recreational landings for cobia, as estimated 
by the SRD, exceed both the recreational ACL of 620,000 lb (281,227 
kg), and the stock ACL, as specified paragraph (f)(3) of this section, 
then during the following fishing year, recreational landings will be 
monitored for a persistence in increased landings, and, if necessary, 
the AA will file a notification with the Office of the Federal Register 
to reduce the recreational vessel limit, specified in Sec.  
622.382(a)(1)(vi), to no less than 2 fish per vessel to ensure 
recreational landings achieve the recreational ACT, but do not exceed 
the recreational ACL in that fishing year. Any recreational vessel 
limit reduction that is implemented as described in this paragraph is 
only applicable for the fishing year in which it is implemented. 
Additionally, if the reduction in the recreational vessel limit is 
determined by the AA to be insufficient to ensure that recreational 
landings will not exceed the recreational ACL, the AA will also reduce 
the length of the recreational fishing season by the amount necessary 
to ensure recreational landings do not exceed the recreational ACL in 
that fishing year. The recreational vessel limit and the length of the 
recreational fishing season will

[[Page 11170]]

not be reduced if NMFS determines, based on the best scientific 
information available, that a recreational vessel limit and fishing 
season reduction are unnecessary. The recreational ACT is 500,000 lb 
(226,796 kg).
    (3) The stock ACL for Atlantic migratory group cobia is 670,000 lb 
(303,907 kg).

[FR Doc. 2017-03290 Filed 2-17-17; 8:45 am]
BILLING CODE 3510-22-P