[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Proposed Rules]
[Pages 51424-51426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22000]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BI46
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagics Resources in the Gulf of Mexico and Atlantic
Region; Amendment 31
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notification of availability; request for comments.
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SUMMARY: The South Atlantic Fishery Management Council (South Atlantic
Council) and Gulf of Mexico Fishery Management Council (Gulf Council)
(Councils) have submitted Amendment 31 to the Fishery Management Plan
(FMP) for Coastal Migratory Pelagics (CMP) of the Gulf of Mexico (Gulf)
and Atlantic Region (Amendment 31) for review, approval, and
implementation by NMFS. Amendment 31 would remove Atlantic migratory
group cobia (Atlantic cobia) from Federal management under the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). At the same time, NMFS would implement comparable
regulations under the Atlantic Coastal Fisheries Cooperative Management
Act (Atlantic Coastal Act) to replace the existing Magnuson-Stevens Act
based regulations in Atlantic Federal waters. The purpose of Amendment
31 is to facilitate improved coordination of Atlantic cobia in state
and Federal waters, thereby more effectively constraining harvest and
preventing overfishing and decreasing adverse socio-economic effects to
fishermen.
DATES: Written comments on Amendment 31 must be received by December
10, 2018.
ADDRESSES: You may submit comments on Amendment 31, identified by
``NOAA-NMFS-2018-0114,'' 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-2018-0114 click the ``Comment Now!'' icon, complete the required
fields, and enter or attach your comments.
Mail: Submit written comments to Karla Gore, NMFS
Southeast Regional Office, 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 Amendment 31 may be obtained from the Southeast
Regional Office website at https://www.fisheries.noaa.gov/action/coastal-migratory-pelagics-amendment-31-management-atlantic-migratory-group-cobia. Amendment 31 includes an environmental assessment, a
fishery impact statement, a regulatory impact review, and a Regulatory
Flexibility Act (RFA) analysis.
FOR FURTHER INFORMATION CONTACT: Karla Gore, NMFS Southeast Regional
Office, telephone: 727-551-5753, or email: [email protected].
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act requires each
regional fishery management council to submit FMPs or amendments to
NMFS for review and approval, partial approval, or disapproval. The
Magnuson-Stevens Act also requires that NMFS, upon receiving an FMP or
amendment, publish an announcement in the Federal Register notifying
the public that the FMP or amendment is available for review and
comment.
Background
Through the CMP FMP, cobia is managed in two distinct migratory
groups. The Gulf migratory group of cobia ranges in the Gulf from Texas
through Florida and in the Atlantic includes cobia off the east coast
of Florida. Atlantic cobia is managed from Georgia through New York.
The boundary between the two migratory groups is the Georgia-Florida
state boundary. Both Gulf and Atlantic cobia were assessed through
SEDAR 28 in 2013 and neither stock was determined to be overfished or
experiencing overfishing.
The majority of Atlantic cobia landings occur in state waters and,
despite closures in Federal water in recent years, recreational
landings have exceeded the recreational annual catch limit (ACL) and
the combined stock ACL. This has resulted in shortened fishing seasons,
which have been ineffective at constraining harvest. Following overages
of the recreational and combined stock ACLs in 2015 and 2016, Federal
waters closures for recreational harvest occurred in both 2016 (June
20) and 2017 (January 24). Additionally, Federal waters were closed to
commercial harvest of Atlantic cobia in 2016 (December 5) and 2017
(September 4), because the commercial ACL was projected to be reached
during the fishing year.
Allowable harvest in state waters following the Federal closures
varied by time and area. Georgia did not close state waters to
recreational harvest of Atlantic cobia in 2016 or 2017. South Carolina
allowed harvest in 2016 during May in the Southern Cobia Management
Zone and closed state waters in 2017 when Federal waters closed. Most
harvest of Atlantic cobia off Georgia and South Carolina occurs in
Federal waters. Off North Carolina, recreational harvest of Atlantic
cobia closed on September 30, 2016; in 2017, harvest was allowed May 1
through August 31. Off Virginia in 2016, harvest was allowed until
August 30, 2016, and in 2017, Virginia allowed harvest June 1 through
September 15. Harvest in state waters during the Federal closures
contributed to the overage of the recreational ACL and the combined
stock ACL.
The South Atlantic Council requested that the Atlantic States
Marine Fisheries Commission (ASMFC) consider complementary management
measures for Atlantic cobia, as constraining harvest in Federal waters
has not prevented the recreational and combined ACLs from being
exceeded. The ASMFC consists of 15 Atlantic coastal states that manage
and conserve their shared coastal fishery resources. The majority of
ASMFC's fisheries decision-making occurs through the Interstate
Fisheries Management Program, where species management boards determine
management strategies that the states implement through fishing
regulations.
In May 2016, the ASMFC started developing an interstate FMP for
Atlantic cobia with the purpose to
[[Page 51425]]
improve cobia management in the Atlantic. In April 2018, the ASFMC
implemented their Interstate FMP, which established state management
for Atlantic cobia. Each affected state developed an implementation
plan that included regulations in their state waters. In addition, the
ASMFC is currently amending the Interstate FMP for Atlantic cobia to
establish a mechanism for recommending future management measures to
NMFS. If Amendment 31 is implemented, such management recommendations
would need to be implemented in Federal waters through the authority
and process defined in the Atlantic Coastal Act.
The management measures contained within the ASMFC's Interstate FMP
are consistent with the current Federal regulations for Atlantic cobia.
For the recreational sector, the management measures in the Interstate
FMP include a recreational bag and possession limit of one fish per
person, not to exceed six fish per vessel per day, and a minimum size
limit of 36 inches (91.4 cm), fork length. For the commercial sector,
the management measures in the Interstate FMP include a commercial
possession limit of two cobia per person, not to exceed six fish per
vessel, and a minimum size limit of 33 inches (83.8 cm), fork length.
Under the ASMFC plan, regulations in each state must match, or be more
restrictive than, the Interstate FMP management measures. Georgia,
South Carolina, North Carolina, and Virginia have implemented more
restrictive regulations for the recreational sector in their state
waters than specified in the Interstate FMP. Those regulations include
recreational bag and vessel limits, and minimum size limits, in
addition to allowable fishing seasons. The Interstate FMP also provides
the opportunity for states to declare de minimis status for their
Atlantic cobia recreational sector, if a state's recreational landings
for 2 of the previous 3 years is less than 1 percent of the coastwide
recreational landings for the same time period. States in a de minimis
status would be required to adopt the regulations (including season) of
the closest adjacent non-de minimis state or accept a one fish per
vessel per day trip limit and a minimum size limit of 29 inches (73.7
cm), fork length. Maryland, Delaware, and New Jersey have declared a de
minimis status.
The Magnuson-Stevens Act requires a council to prepare an FMP for
each fishery under its authority that requires conservation and
management. Any stocks that are predominately caught in Federal waters
and are overfished or subject to overfishing, or likely to become
overfished or subject to overfishing, are considered to require
conservation and management (50 CFR 600.305(c)(1)). Beyond such stocks,
councils may determine that additional stocks require conservation and
management. However, not every fishery requires Federal management and
the NMFS National Standard Guidelines at 50 CFR 600.305(c) provide
factors that NMFS and the councils should consider when considering
removal of a stock from a FMP. This analysis is contained in Amendment
31.
Based on this analysis, the Councils and NMFS have determined that
Atlantic cobia is no longer in need of conservation and management
within the South Atlantic Council's jurisdiction and the stock is
eligible for removal from the CMP FMP. The majority of Atlantic group
cobia landings are in state waters and the stock is not overfished or
undergoing overfishing. However, the CMP FMP has proven ineffective at
resolving the primary ongoing user conflict between the recreational
fishermen from different states, and it does not currently appear to be
capable of promoting a more efficient utilization of the resource. Most
significantly, the harvest of Atlantic cobia is adequately managed in
state waters by the ASMFC and their Interstate FMP, which was
implemented in April 2018. Georgia, South Carolina, North Carolina, and
Virginia have implemented more restrictive recreational regulations
than those specified in the Insterstate FMP. Furthermore, the
Interstate FMP requires that if a state's average annual landings over
the 3-year time period are greater than their annual harvest target,
then that state must adjust their recreational season length or
recreational vessel limits for the following 3 years, as necessary, to
prevent exceeding their harvest target in the future years. For the
commercial sector, the ASMFC's Interstate FMP specified management
measures for Atlantic cobia that are consistent with the current ACL
and AM specified in the Federal regulations implemented pursuant to the
CMP FMP.
Therefore, NMFS and the Councils have determined that management of
Atlantic cobia by the states, in conjunction with the ASMFC and
Secretary of Commerce, will be more effective at constraining harvest
and preventing overfishing; thereby, offering greater biological
protection to the stock and decreasing adverse socioeconomic effects to
fishermen. Further, management of Atlantic cobia by ASMFC is expected
to promote a more equitable distribution of harvest of the species
among the states.
Action Contained in Amendment 31
Amendment 31 would remove Atlantic cobia from Federal management
under the Magnuson-Stevens Act. At the same time, NMFS would implement
comparable regulations under the Atlantic Coastal Act to replace the
existing Magnuson-Stevens Act based regulations in Federal waters.
Current commercial management measures for Atlantic cobia include a
minimum size limit of 33 inches (83.8 cm), fork length and a commercial
trip limit of two fish per person per day, not to exceed six fish per
vessel per day. Federal regulations for recreational harvest of
Atlantic cobia in Federal waters include a minimum size limit of 36
inches (91.4 cm), fork length and a bag and possession of one fish per
person per day, not to exceed six fish per vessel per day.
Under the authority of the Atlantic Coastal Act, NMFS would
implement these same minimum size limits, recreational bag and
possession limits, and commercial trip limits in Federal waters.
Additionally, NMFS would implement regulations consistent with current
CMP FMP regulations for the fishing year, general prohibitions,
authorized gear, and landing fish intact provisions specific to
Atlantic cobia.
The current Atlantic cobia commercial ACL is 50,000 lb (22,680 kg)
and the recreational ACL is 620,000 lb (281,227 kg). The proposed
removal of Atlantic cobia from Federal management under the Magnuson-
Stevens Act would remove these sector ACLs. Thus, NMFS would implement
a commercial quota of 50,000 lb (22,280 kg) through the Atlantic
Coastal Act consistent with the current commercial ACL. The current
commercial accountability measure (AM) requires that if commercial
landings reach or are projected to reach the ACL, then commercial
harvest will be prohibited for the remainder of the fishing year. NMFS
would implement commercial quota closure provisions to prohibit
commercial harvest once the commercial quota is reached or projected to
be reached.
The ASMFC's Interstate FMP has specified a recreational harvest
limit (RHL) of 613,800 lb (278,415 kg) in state and Federal waters and
state-by-state recreational quota shares (harvest targets) of the
coastwide RHL. During the development of the Insterstate FMP, one
percent of the amount of the recreational allocation of the current
Federal ACL (initially 6,200 lb (2,812
[[Page 51426]]
kg)) was set aside to account for harvests in de minimis states
(Maryland, Delaware, New Jersey). The harvest targets for each state,
in both state and Federal waters, are 58,311 lb (26,449 kg) for
Georgia, 74,885 lb (33,967 kg) for South Carolina, 236,316 lb (107,191
kg) for North Carolina and 244,292 lb (110,809 kg) for Virginia.
Percentage allocations are based on states' percentages of the
coastwide historical landings in numbers of fish, derived as 50 percent
of the 10-year average landings from 2006-2015 and 50 percent of the 5-
year average landings from 2011-2015.
The proposed removal of Atlantic cobia from Federal management
under the Magnuson-Stevens Act would remove the recreational sector AM
for Atlantic cobia. The recreational AM requires that both the
recreational ACL and the stock ACL are exceeded in a fishing year then
in the following fishing year, recreational landings will be monitored
for a persistence in increased landings, and, if necessary, the
recreational vessel limit will be reduced to no less than 2 fish per
vessel to ensure recreational landings achieve the recreational annual
catch target, but do not exceed the recreational ACL in that fishing
year. Additionally, if the reduction in the recreational vessel limit
is determined to be insufficient to ensure that recreational landings
will not exceed the recreational ACL, then the length of the
recreational fishing season will also be reduced.
In place of the current recreational AM, state-defined regulations
and seasons implemented consistent with the ASMFC's Interstate FMP are
designed to keep harvest within the state harvest targets. If a state's
average annual landings over the 3-year time period are greater than
their annual harvest target, then the Insterstate FMP requires the
state to adjust their recreational season length or recreational vessel
limits for the following 3 years, as necessary, to prevent exceeding
their harvest target in the future years.
If Amendment 31 is subsequently approved and implemented, Atlantic
cobia would be managed under the ASMFC Interstate FMP in state waters
and through Atlantic Coastal Act regulations in Federal waters. This
will ensure that Atlantic cobia continues to be managed in Federal
waters and that there would be no lapse in management of the stock.
These regulations would be expected to be implemented concurrently with
the removal of Atlantic cobia from the CMP FMP and serve essentially
the same function as the current CMP FMP based management measures.
Proposed Rule for Amendment 31
A proposed rule that would implement Amendment 31 has been drafted.
In accordance with the Magnuson-Stevens Act, NMFS is evaluating the
proposed rule to determine whether it is consistent with the CMP FMP,
the Magnuson-Stevens Act, and other applicable laws. If that
determination is affirmative, NMFS will publish the proposed rule in
the Federal Register for public review and comment.
Consideration of Public Comments
The Councils have submitted Amendment 31 for Secretarial review,
approval, and implementation. Comments on Amendment 31 must be received
by December 10, 2018. Comments received during the respective comment
periods, whether specifically directed to Amendment 31 or the proposed
rule, will be considered by NMFS in the decision to approve,
disapprove, or partially approve Amendment 31. Comments received after
the comment periods will not be considered by NMFS in this decision.
All comments received by NMFS on Amendment 31 or the proposed rule
during their respective comment periods will be addressed in the final
rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 4, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2018-22000 Filed 10-10-18; 8:45 am]
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