[Federal Register Volume 86, Number 213 (Monday, November 8, 2021)]
[Rules and Regulations]
[Pages 61714-61717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24172]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 697

[Docket No. 211101-0222]
RIN 0648-BK63


Fisheries of the Atlantic; Atlantic Migratory Group Cobia; 
Amendment 1 and Addendum 1 to Amendment 1

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

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Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues regulations related to Amendment 1, and Addendum 1 
to Amendment 1, to the Interstate Fishery Management Plan (FMP) for 
Atlantic Migratory Group Cobia (Interstate FMP), as prepared and 
submitted by the Atlantic States Marine Fisheries Commission (ASMFC). 
As described in Amendment 1 and Addendum 1, this final rule revises the 
commercial quota and the process for a commercial quota closure for 
Atlantic migratory group cobia (Atlantic cobia) in Federal waters. The 
purpose of this final rule is to increase the commercial quota as a 
result of the most recent stock assessment and to allow the ASMFC to 
monitor commercial landings for any needed commercial in-season closure 
while ensuring the long-term sustainability of the Atlantic cobia 
stock.

DATES: This final rule is effective November 8, 2021.

ADDRESSES: Electronic copies of Amendment 1 and Addendum 1 may be 
obtained from the ASMFC website at http://www.asmfc.org/uploads/file/6009e765AtlanticCobia_AddendumI_Oct2020.pdf.

FOR FURTHER INFORMATION CONTACT: Frank Helies, telephone: 727-824-5305, 
or email: [email protected].

SUPPLEMENTARY INFORMATION: The fishery for Atlantic cobia in Federal 
waters is managed under the authority of the Atlantic Coastal Fisheries 
Cooperative Management Act (Atlantic Coastal Act) by regulations at 50 
CFR part 697. Separate migratory groups of cobia are managed in the 
Gulf of Mexico and Atlantic. Atlantic cobia is managed from Georgia 
through New York. The southern management boundary for Atlantic cobia 
is a line that extends due east of the Florida and Georgia state border 
at 30[deg]42'45.6'' N latitude. The northern management boundary for 
Atlantic cobia is the jurisdictional boundary between the Mid-Atlantic 
and New England Fishery Management Councils, as specified in 50 CFR 
600.105(a).
    The final rule to implement Amendment 31 to the FMP for Coastal 
Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region 
and Amendment 1 to the Interstate FMP removed Atlantic cobia from 
Federal management under the Magnuson-Stevens Fishery Conservation and 
Management Act and transitioned the management of Atlantic cobia in 
Federal waters to the ASMFC under the Atlantic Coastal Act (84 FR 4733, 
February 19, 2019). All weights described in this rule are in round and 
eviscerated weight, combined.
    On September 2, 2021, NMFS published a proposed rule for Amendment 
1 and Addendum 1 and requested public comment (86 FR 49284). The 
proposed rule and Amendment 1 and Addendum 1 outline the rationale for 
the actions contained in this final rule. A summary of the management 
measures described in Amendment 1 and Addendum 1 and implemented by 
this final rule is described below.

Background

    The ASMFC approved Amendment 1 to the Interstate FMP in 2019 and 
Addendum 1 to Amendment 1 in 2020. Amendment 1 and Addendum 1 provide 
for an increase in the commercial quota and a revision to the process 
for a commercial in-season closure. This final rule serves to implement 
certain measures in Federal waters contained within Amendment 1 and 
Addendum 1.
    In 2020, a new Southeast Data, Assessment, and Review (SEDAR) 
assessment was completed for Atlantic cobia (SEDAR 58). SEDAR 58 
indicated that Atlantic cobia was not overfished or undergoing 
overfishing, and that the allowable harvest could be increased based on 
updated commercial and recreational catch estimates. Based on the 
results of the SEDAR 58 and new stock projections from February 2020, 
in October of 2020, the ASFMC approved an increase to the Atlantic 
cobia annual total harvest quota of 80,112 fish for the 2020-2022 
fishing seasons. Through Amendment 1 and Addendum 1, the ASMFC also 
adjusted the commercial and recreational allocation percentages and 
changed the methodology used to close the commercial sector when the 
quota is reached.
    The ASMFC revised the total Atlantic cobia quota sector allocations 
from 8 percent to 4 percent for the commercial harvest and from 92 
percent to 96 percent for the recreational harvest, to account for 
changes in the recreational catch estimates from the Marine 
Recreational Information Program Fishing Effort Survey. When defining 
these allocations in terms of numbers of fish, the updated allocations 
would result in a commercial quota of 3,204 fish and a recreational 
quota of 76,908 fish. As described in Amendment 1 and Addendum 1, using 
an average commercial weight of 22.82 lb (10.35 kg), this is equivalent 
to a commercial quota of 73,116 lb (33,165 kg) in round and gutted 
weight, combined. In addition, the ASMFC would closely monitor 
commercial landings to ensure the commercial quota is not exceeded.

Management Measures Contained in This Final Rule

    This final rule modifies the commercial quota and the process for 
closing the commercial sector in Federal waters when the quota is 
reached.

Commercial Quota

    The current Atlantic cobia commercial quota of 50,000 lb (22,680 
kg) was established through the final rule to implement Amendment 1 to 
the Interstate FMP (84 FR 4733, February 19, 2019). As a result of 
SEDAR 58, this final rule increases the commercial quota to 73,116 lb 
(33,165 kg). The ASMFC is responsible for monitoring of commercial 
landings during the fishing year.

Process To Close the Commercial Sector

    The current process requires an in-season closure in Federal waters 
during the fishing year for the commercial sector when the quota is 
reached or projected to be reached. When the NMFS Science and Research 
Director estimates that the sum of commercial landings (cobia that are 
sold) reaches or is projected to reach the commercial quota, then NMFS 
will prohibit the sale and purchase of cobia for the remainder of that 
fishing year (a commercial closure). For example, in 2020, NMFS 
projected that commercial landings would reach the commercial quota on 
November 6, and therefore, NMFS closed the commercial sector on 
November 6, 2020, through December 31, 2020 (85 FR 70085; November 4, 
2020).
    This final rule retains the possibility of an in-season closure if 
commercial landings reach the quota. This final rule also changes the 
closure language in the current regulations regarding in-season quota 
monitoring so that commercial landings will be monitored by the ASMFC 
and not by NMFS. Currently, NMFS monitors the commercial quota and 
closes the commercial sector when the quota is met or projected to be 
met. The new process transfers quota monitoring responsibility to the 
ASMFC. Because Atlantic cobia are primarily landed in state waters, the 
ASFMC determined that they are better suited to monitor cobia landings 
and ensure the risk of early closures is minimized. During the fishing 
year, if the ASMFC estimates that the sum of commercial landings (cobia 
that are sold), reaches or is projected to reach the commercial quota, 
then the ASMFC would notify NMFS of the need for a

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commercial closure of the exclusive economic zone (EEZ) and NMFS would 
close the commercial sector. During any such closure, the commercial 
harvest, sale, trade, barter, or purchase of Atlantic cobia would be 
prohibited for the remainder of that fishing year. When considering 
this increase to the commercial quota, and when compared to cobia 
landings in previous fishing years, NMFS estimates that a commercial 
in-season closure is still possible as a result of the commercial quota 
being reached, but expects that any such closure would occur later in 
the fishing year than occurred under the previous commercial quota.
    NMFS may consider additional commercial and recreational regulatory 
changes to be implemented through rulemaking for Atlantic cobia as 
described in Amendment 1 and Addendum 1 in future rulemaking.

Comments and Responses

    NMFS received nine comments from individuals and a fishery 
management organization during the public comment period on the 
proposed rule. NMFS acknowledges the comments in favor of the actions 
in the proposed rule and agrees with them. Comments received that were 
outside the scope of the proposed rule are not responded to in this 
final rule. Comments that opposed the actions contained in the proposed 
rule are summarized below, along with NMFS' responses.
    Comment 1: The commercial quota should not be increased. The 
Atlantic cobia stock is under high fishing pressure and increasing the 
commercial quota would hurt the stock's recovery progress.
    Response: NMFS disagrees that the commercial quota should not be 
increased. In 2020, a new SEDAR assessment was completed for Atlantic 
cobia. The stock assessment indicated that Atlantic cobia was not 
overfished or undergoing overfishing, and that the allowable harvest 
could be increased based on updated commercial and recreational catch 
estimates. In response to the stock assessment, the ASFMC developed 
Addendum 1 to Amendment 1 and the Interstate FMP. Addendum 1 increased 
the Atlantic cobia annual total and sector harvest quotas. NMFS does 
not expect increased commercial catch levels to result in negative 
impacts to the Atlantic cobia stock.
    Comment 2: The commercial quota should not be increased. Commercial 
harvest limits are constantly increasing while the recreational sector 
harvest limits keep getting reduced.
    Response: NMFS disagrees that the commercial quota shouldn't be 
increased when compared to recreational harvest. As a result of the 
latest stock assessment, Addendum 1 increased the harvest quotas for 
both the commercial and recreational sectors. Addendum 1 also changed 
sector allocations from 8 percent commercial to 4 percent commercial 
and from 92 percent recreational to 96 percent recreational. The 
Atlantic cobia recreational sector continues to be allocated the 
majority of the available total stock quota. The ASMFC made the change 
to the sector allocations to account for the revised recreational catch 
estimates from the Marine Recreational Information Program Fishing 
Effort Survey. As a result of the updated stock assessment and changes 
to the sector allocations, the recreational quota increased from 22,142 
fish to 76,908 fish and the commercial quota increased from 2,191 fish 
to 3,204 fish. Therefore the commercial and recreational quota 
increases are based on the results of the recent assessment and the 
revised sector allocations as determined by the ASMFC.
    Comment 3: In response to the increased Atlantic cobia stock size, 
the for-hire charter sector should be allowed to keep smaller than 36 
inch (91.4 cm) fish or allow 2 fish per person, instead of increasing 
the commercial quota.
    Response: The actions contained in this final rule for the 
commercial quota increase and revising the process for closing the 
commercial sector in Federal waters are taken from the request of the 
ASMFC to NMFS and contained in Amendment 1 and Addendum 1. NMFS 
acknowledges that within Amendment 1 and Addendum 1, the ASMFC has 
proposed additional recreational management measures for Federal waters 
that include size limits and bag and vessel limits based on the 
existing requirements for each state represented by the ASMFC. NMFS is 
evaluating those additional management measures and may propose them in 
a future rulemaking, but at this time changes to size limits and bag 
and vessel limits are outside the scope of this final rule.

Classification

    The NMFS Assistant Administrator has determined that this final 
rule is consistent with Amendment 1 and Addendum 1, the Interstate FMP, 
the Atlantic Coastal Act, the applicable provisions of the Magnuson-
Stevens Act, and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this rule would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this certification was published in the 
proposed rule and is not repeated here. No significant issues were 
raised by public comments related to the economic impacts on small 
entities, and no changes to this final rule were made in response to 
public comments. As a result, a final regulatory flexibility analysis 
was not required and none was prepared.
    NMFS finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day 
delay in the effective date for this final rule because this rule 
relieves a restriction by increasing the commercial quota for Atlantic 
cobia. In addition, delaying implementation of the quota increase is 
contrary to the public interest. As described in Amendment 1 and 
Addendum 1, the ASMFC increased the commercial quota based upon the 
results of the latest stock assessment and is intended to be used in 
combination with other measures to achieve optimum yield for the stock. 
Not waiving the 30-day delay in the date of effectiveness of this final 
rule would result in reduced opportunities for fishermen to harvest the 
quota and achieve optimum yield this year, and could also result in an 
early closure of the commercial fishery if the quota is not increased. 
A closure in 2021 that occurred as a result of the current quota being 
met, prior to the increased quota being implemented, would not be 
consistent with the intent of the ASMFC and Amendment 1 and Addendum 1, 
and is contrary to the public interest. Therefore, a delay in the date 
of effectiveness of this final rule would diminish the social and 
economic benefits this rule provides for Atlantic cobia fishermen.

List of Subjects in 50 CFR Part 697

    Atlantic, Cobia, Fisheries, Fishing, South Atlantic.

    Dated: November 1, 2021.
Carrie Robinson,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 697 is amended 
as follows:

PART 697--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT

0
1. The authority citation for part 697 continues to read as follows:


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    Authority:  16 U.S.C. 5101 et seq.

0
2. In Sec.  697.28, revise paragraph (f)(1) to read as follows:


Sec.  697.28  Atlantic migratory group cobia.

* * * * *
    (f) * * *
    (1) Commercial quota. The following quota applies to persons who 
fish for cobia for commercial purposes--73,116 lb (33,165 kg). If the 
sum of the cobia landings that are sold, as estimated by the ASMFC, 
reach or are projected to reach the quota specified in this paragraph 
(f)(1), then the ASMFC will notify NMFS of the need for a commercial 
closure of the EEZ. NMFS will then subsequently file a notification 
with the Office of the Federal Register to prohibit (for commercial 
purposes) the harvest, sale, trade, barter, or purchase of cobia for 
the remainder of the fishing year.
* * * * *

[FR Doc. 2021-24172 Filed 11-5-21; 8:45 am]
BILLING CODE 3510-22-P