[Federal Register Volume 84, Number 192 (Thursday, October 3, 2019)]
[Proposed Rules]
[Pages 52864-52867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21482]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 190927-0047]
RIN 0648-BI83


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagics Resources in the Gulf of Mexico and Atlantic 
Region; Framework Amendment 7

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 to implement management measures described in 
Framework Amendment 7 to the Fishery Management Plan (FMP) for Coastal 
Migratory Pelagic (CMP) Resources of the Gulf of Mexico (Gulf) and 
Atlantic Region (FMP) (Framework Amendment 7), as prepared by the Gulf 
of Mexico Fishery Management Council (Gulf Council). This proposed rule 
would revise the commercial and recreational minimum size limit for the 
Gulf zone of the Gulf migratory group of cobia (Gulf cobia). The 
purpose of this proposed rule is to reduce harvest of Gulf cobia in the 
Gulf zone in response to concerns about the status of the stock until 
additional stock information becomes available.

DATES: Written comments must be received by November 4, 2019.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2019-0036,'' 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-2019-0036 click the ``Comment Now!'' icon, complete the required 
fields, and enter or attach your comments.
     Mail: Submit written comments to Rich Malinowski, 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 Framework Amendment 7 that contain an 
environmental assessment and a Regulatory Flexibility Act (RFA) 
analysis may be obtained from the Southeast Regional Office website at 
https://www.fisheries.noaa.gov/action/modifications-gulf-mexico-migratory-group-cobia-size-and-possession-limits.

FOR FURTHER INFORMATION CONTACT: Rich Malinowski, NMFS Southeast 
Regional Office, telephone: 727-824-5305, or email: 
[email protected].

SUPPLEMENTARY INFORMATION: The CMP fishery in the Gulf and Atlantic 
region is jointly managed by the Gulf Council and the South Atlantic 
Fishery Management Council (South Atlantic Council) (Councils) under 
the FMP, and includes king mackerel, Spanish mackerel, and Gulf cobia. 
The FMP was prepared by the Councils and is implemented by NMFS through 
regulations at 50 CFR part 622 under authority of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act). Under 
the FMP, each Council can develop individual framework amendments to 
the FMP for actions that are specific to that Council's jurisdiction.

Background

    Two migratory groups of cobia exist in the southeastern US: the 
Atlantic migratory group and the Gulf migratory group. The Atlantic 
migratory group ranges from Georgia through New York and is managed by 
the Atlantic States Marine Fisheries Commission (84 FR 4736, February 
19, 2019). The Gulf migratory group ranges in the Gulf from Texas 
through Florida and in the Atlantic off the east coast of Florida. The 
Gulf migratory group is further divided into the Gulf zone and the 
Florida east coast zone. The Gulf zone is defined as encompassing an 
area of the exclusive economic zone (EEZ) north of a line extending 
east of the United States/Mexico border, and north and west of the line 
of demarcation between the Atlantic Ocean and the Gulf (the Councils' 
boundary) (50 CFR 622.369(c)(1)(i)). The Florida east coast zone 
encompasses an area of the EEZ south and east of the line of 
demarcation between the Atlantic Ocean and the Gulf, and south of a 
line extending due east from the Florida/Georgia border (50 CFR 
622.369(c)(1)(ii)).
    Within the Gulf migratory group, the Gulf Council is responsible 
for management in the Gulf zone, and the South Atlantic Council is 
responsible for management in the Florida east coast zone. Framework 
Amendment 7 is only applicable to the Gulf zone for Gulf cobia. The 
South Atlantic Council is not presently considering management changes 
to the Florida east coast zone.
    The most recent stock assessment of Gulf cobia (SEDAR 28 2013) 
determined that Gulf cobia is not overfished and is not undergoing 
overfishing. The Gulf Council's Scientific and Statistical Committee 
(SSC) accepted the stock assessment for management advice. The Gulf 
Council's SSC recommended the overfishing limit and acceptable 
biological catch levels for the entire Gulf cobia stock, including the 
Florida east coast zone, based on the results of the SEDAR 28 (2013) 
stock assessment. Subsequently, Amendment 20B to the FMP implemented 
the two zones for Gulf cobia as well as annual catch targets (ACT) and 
annual catch limits (ACL) for each zone (80 FR 4216, January 27, 2015).
    Within the Gulf zone, Gulf cobia is managed using a stock ACT 
(quota) and ACL, among other measures. There are no sector-specific 
allocations for the commercial and recreational sectors. Landings of 
Gulf cobia from the Gulf zone remained relatively consistent from 2012 
through 2016; however, a decrease in landings was observed in 2017. 
During the 2018 June and August Gulf Council meetings fishers provided 
public testimony that they were witnessing a decrease in the presence 
of Gulf cobia in the Gulf zone, and requested that the Gulf Council 
address concerns about the potential health of the Gulf cobia stock in 
the Gulf zone. Landings of Gulf zone cobia from 2018, which became 
available following the Gulf Council's transmittal of Framework 
Amendment 7, revealed that 2018 landings did in fact continue to 
decline from previous years. These public comments were primarily from 
charter vessel and headboat operators, and private angling 
stakeholders. Recreational landings account for greater than 90 percent 
of all Gulf zone cobia landings.
    The minimum size limit for Gulf cobia in both the Gulf and South 
Atlantic is 33 inches (83.8 cm), fork length, and has been in effect 
since the implementation of the original CMP FMP in 1983 (48 FR 5270, 
February 4, 1983). This minimum size limit applies to both sectors, and 
corresponds with

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the length at which life history information indicates that 50 percent 
of cobia are sexually mature (sexes combined) and capable of 
reproduction (SEDAR 28 2013). The current daily Federal possession 
limit of two fish per person per day for both sectors has been in 
effect since Amendment 5 to the FMP was implemented in 1990 (55 FR 
29370, July 19, 1990). The Gulf Council intends Framework Amendment 7 
to take a precautionary approach. Although the 2013 stock assessment 
(SEDAR 28 2013) did not indicate that Gulf cobia are overfished or 
undergoing overfishing, the Gulf Council decided to reduce fishing 
mortality in response to constituent concerns, in case the decrease in 
landings observed in 2017 indicates an unknown issue with the health of 
the stock. The management measures considered in Framework 7 do not 
reflect those adopted for Atlantic cobia, because the Atlantic and Gulf 
cobia are separate and genetically distinct stocks with different 
growth, recruitment, and migratory patterns. Atlantic cobia can reach 
similar sizes as Gulf cobia, but do so over a longer lifespan 
(approximately 15 years compared to 11 years for Gulf cobia). 
Therefore, management measures appropriate for Atlantic cobia may not 
be appropriate for Gulf cobia.
    As a result of recent decreases in landings and concerns about 
declining landings expressed by stakeholders, the Gulf Council decided 
to explore options for reducing fishing mortality of Gulf cobia in the 
Gulf zone at its April 2018 meeting. Framework Amendment 7 includes 
alternatives to revise the Gulf zone minimum size limit, as well as the 
possession limit, prior to the completion of the next stock assessment. 
This stock assessment is scheduled to begin in late 2019, and is 
expected to be available to the Gulf Council and their SSC in late 
2020.

Management Measure Contained in This Proposed Rule

    This proposed rule to implement Framework Amendment 7 would 
increase the commercial and recreational minimum size limit for Gulf 
cobia in the Gulf zone. The Gulf zone commercial and recreational 
minimum size limit would be increased from 33 inches (83.8 cm), fork 
length, to 36 inches (91.4 cm), fork length. The Gulf Council 
determined that increasing the minimum size limit to 36 inches (91.4 
cm), fork length, would reduce fishing mortality by requiring fishers 
to release all Gulf cobia in the Gulf zone that are less than the 
minimum size limit. Raising the minimum size limit would accordingly 
increase the probability of a sexually mature Gulf zone cobia being 
able to spawn before being harvested, resulting in positive biological 
effects for the stock in the form of additional recruitment to the 
spawning stock over time. Harvest is expected to be reduced by 10.3 
percent for the commercial sector, and 26.1 percent for the 
recreational sector, as a result of increasing the minimum size limit.

Measure Contained in Framework Amendment 7 Not in This Proposed Rule

    In addition to the action in Framework 7 and this proposed rule to 
increase the Gulf zone cobia minimum size limit, Framework Amendment 7 
also contains an action with alternatives to revise the possession 
limit for cobia in the Gulf zone by reducing the individual possession 
limit and/or creating vessel limits. As described in 50 CFR 622.383(b), 
the current possession limit for Gulf cobia is two fish per person per 
day in or from the Gulf EEZ, regardless of the number of trips or 
duration of a trip.
    At its October 2018 meeting, the Gulf Council decided to retain the 
current possession limit, because there was public opposition to the 
action and comparatively less of a reduction in fishing mortality from 
a possession limit than raising the minimum size limit. The Council 
determined that the reduction in harvest predicted as a result of the 
proposed increase in the minimum size limit (10.3 percent for the 
commercial sector and 26.1 percent for the recreational sector) would 
be sufficiently protective until the next planned stock assessment for 
the entire Gulf cobia stock is available in late 2020.

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 Framework Amendment 7, the FMP, the Magnuson-Stevens 
Act, and other applicable laws, subject to further consideration after 
public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS prepared an initial regulatory flexibility analysis (IRFA) for 
this proposed rule, as required by section 603 of the 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 this proposed 
rule, why it is being considered, and the objectives of this proposed 
rule are contained in the preamble. The Magnuson-Stevens Act provides 
the statutory basis for this proposed rule. A copy of the full analysis 
is available from NMFS (see ADDRESSES). A summary of the IRFA follows.
    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 the 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 possession limit in Federal waters and who do not 
subsequently sell these fish are considered to be recreational anglers. 
The RFA does not consider recreational anglers to be small entities, so 
they are outside the scope of this analysis and only the impacts on 
businesses that engage in commercial fishing (i.e., those that sell 
their harvests of Gulf cobia) will be discussed.
    For-hire vessels sell fishing services to recreational anglers. The 
proposed changes to the 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 are not germane to 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.
    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 2013 through 2017, there were 277 
federally permitted commercial vessels with reported landings of cobia 
in the Gulf zone. Their average annual vessel-level revenue from all 
species for 2013 through 2017 was approximately $184,000 (2017 dollars) 
and cobia harvested from the Gulf zone accounted for less than one 
percent of this revenue. The maximum annual revenue from all species 
reported by a single one of these vessels from 2013 through 2017 was 
approximately $2.28 million (2017 dollars). Finally, it is unknown how 
many non-federally permitted vessels

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may have fished commercially for Gulf cobia in Federal waters during 
this time.
    For-hire vessels in the Gulf are required to have a limited access 
Gulf Charter Vessel/Headboat for Coastal Migratory Pelagics permit 
(Gulf CMP for-hire permit) to fish for or possess CMP species in or 
from the Gulf. As of December 4, 2018, there were 1,286 valid (non-
expired) or renewable Gulf CMP for-hire permits and 32 valid or 
renewable Gulf CMP historical captain for-hire permits. Although the 
for-hire permit application collects information on the primary method 
of operation, the permit itself 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 
currently 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 June 11, 2018, 70 
Gulf headboats were registered in the SRHS. As a result, of the 1,318 
vessels with Gulf CMP for-hire permits (including historical captain 
permits), up to 70 may primarily operate as headboats and the remainder 
as charter vessels. The average charter vessel is estimated to receive 
approximately $86,000 (2017 dollars) in annual revenue. The average 
headboat is estimated to receive approximately $261,000 (2017 dollars) 
in annual revenue.
    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 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 that would be 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). 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 $7.5 million for all its affiliated operations 
worldwide. All of the for-hire businesses that would be directly 
regulated by this proposed rule are believed to be small entities based 
on the SBA size criteria. NMFS has not identified any other small 
entities that would be directly affected by this proposed rule.
    This proposed rule would increase the commercial and recreational 
minimum size limit for cobia in the Gulf zone from 33 inches (83.8 cm), 
fork length, to 36 inches (91.4 cm), fork length. This proposed 
increase in the minimum size limit would be expected to reduce 
aggregate annual cobia landings by 10.3 percent or 7,319 lb (3,320 kg) 
and decrease aggregate annual ex-vessel revenue by approximately 
$25,000 (2017 dollars). If this $25,000 decrease in ex-vessel revenue 
is divided by the average number of federally permitted commercial 
vessels that harvested and sold cobia from 2013 through 2017, it 
results in an average loss of $90 per vessel per year. If it is divided 
by the average number of federally permitted commercial vessels that 
harvested and sold cobia from 2013 through 2017, plus the number of 
vessels with a Federal CMP for-hire permit, it results in an average 
loss of $16 per vessel per year. The economic costs to each vessel 
would be expected to vary based on individual fishing practices and 
location; however, such distributional effects cannot be quantified 
with available data.
    Framework Amendment 7 also contains an action to consider 
modification of the possession limit for cobia in the Gulf zone; 
however, the Council decided to retain the current possession limit. 
Because this proposed rule would not make any changes to the current 
possession limit, no additional direct economic effects would be 
expected.
    The following discussion describes the alternatives that were not 
selected as preferred by the Gulf Council.
    Four alternatives were considered for the action to increase the 
commercial and recreational minimum size limit for cobia in the Gulf 
zone. The first alternative, the no action alternative, would retain 
the current minimum size limit of 33 inches (83.8 cm), fork length, for 
both sectors. This would not be expected to alter commercial harvest 
rates relative to the status quo, so no direct economic effects to 
small entities would be expected to occur. This alternative was not 
selected by the Council because it would fail to address concerns about 
the status of the Gulf cobia in the Gulf zone.
    The second alternative, which was selected as preferred, would 
increase the commercial and recreational minimum size limit for cobia 
to 36 inches (91.4 cm), fork length, in the Gulf zone.
    The third alternative would increase the recreational and 
commercial minimum size limit for cobia to 39 inches (99.1 cm), fork 
length, in the Gulf zone. This alternative would be expected to reduce 
aggregate annual ex-vessel revenue by approximately $70,000 (2017 
dollars). This alternative was not selected by the Gulf Council because 
they decided a smaller increase in the minimum size limit was 
appropriate given the uncertainty surrounding potential overfishing and 
the potential for negative economic effects.
    The fourth alternative would increase the recreational and 
commercial minimum size limit for cobia to 42 inches (106.7 cm), fork 
length, in the Gulf zone. This alternative would be expected to reduce 
aggregate annual ex-vessel revenue by approximately $135,000 (2017 
dollars). This alternative was not selected by the Gulf Council because 
they decided a smaller increase in the minimum size limit was 
appropriate given the uncertainty surrounding potential overfishing and 
the potential for negative economic effects.
    Three alternatives were considered for the action to modify the 
possession limit for cobia in the Gulf zone. The first alternative, the 
no action alternative, was selected as preferred and would maintain the 
current possession limit.
    The second alternative would decrease the per person recreational 
and commercial possession limit for cobia in the Gulf zone to one fish 
per day. This alternative would be expected to result in an estimated 6 
percent reduction in Gulf cobia commercial landings and an estimated 
loss in annual ex-vessel revenue of $14,495 (2017 dollars). This 
alternative was not selected by the Council, because they determined 
that the proposed increase in the minimum size limit would be 
sufficient to address the concerns of potential overfishing of Gulf 
cobia prior to the next planned stock assessment. In accordance with 
that determination, and in consideration of potential negative economic 
effects, the Council decided to maintain the current possession limit 
for cobia in the Gulf zone.
    The third alternative would create a recreational and commercial 
vessel trip limit for cobia in the Gulf zone. Under this vessel limit, 
anglers would not be permitted to exceed the per person possession 
limit. The third alternative

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contained three options. The first option would set the recreational 
and commercial vessel trip limit for cobia in the Gulf zone at two 
fish, which would be expected to result in an estimated 5 percent 
reduction in commercial landings and an estimated loss in annual ex-
vessel revenue of $12,080 (2017 dollars). The second option would set 
the recreational and commercial vessel trip limit for cobia in the Gulf 
zone at four fish, which would be expected to result in an estimated 
1.6 percent reduction in commercial landings and an estimated loss in 
annual ex-vessel revenue of $3,865 (2017 dollars). The third option 
would set the recreational and commercial vessel trip limit for cobia 
in the Gulf zone at six fish, which would be expected to result in an 
estimated 0.7 percent reduction in commercial landings and an estimated 
loss in annual ex-vessel revenue of $1,691 (2017 dollars). This 
alternative was not selected by the Council, because they determined 
that the proposed increase in the minimum size limit would be 
sufficient to address the concerns of potential overfishing of Gulf 
cobia prior to the next planned stock assessment. In accordance with 
that determination, and in consideration of potential negative economic 
effects, the Council decided not to implement a vessel trip limit.
    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, the Paperwork Reduction Act does not apply to this 
proposed rule.

List of Subjects in 50 CFR Part 622

    Cobia, Fisheries, Fishing, Gulf of Mexico, Size limits.

    Dated: September 27, 2019.
Samuel D. Rauch III,
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) to read as follows:


Sec.  622.380  Size limits.

* * * * *
    (a) * * *
    (1) Gulf migratory group (i) Gulf zone--36 inches (91.4 cm), fork 
length.
    (ii) Florida east coast zone--33 inches (83.8 cm), fork length.
* * * * *
[FR Doc. 2019-21482 Filed 10-2-19; 8:45 am]
 BILLING CODE 3510-22-P