Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagics Resources in the Gulf of Mexico and Atlantic Region; Amendment 31, 51424-51426 [2018-22000]
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Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Proposed Rules
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Dated: August 14, 2018.
James W. Kurth,
Deputy Director, U.S. Fish and Wildlife
Service, Exercising the Authority of the
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2018–22013 Filed 10–10–18; 8:45 am]
BILLING CODE 4333–15–C
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
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification of availability;
request for comments.
AGENCY:
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 MagnusonStevens 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:
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• Electronic submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal: https://
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-migratorypelagics-amendment-31-managementatlantic-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: karla.gore@noaa.gov.
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
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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
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Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Proposed Rules
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
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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
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51425
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 MagnusonStevens Act. At the same time, NMFS
would implement comparable
regulations under the Atlantic Coastal
Act to replace the existing MagnusonStevens 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 MagnusonStevens 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
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Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Proposed Rules
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
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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]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 698
[Docket No. 180328324–8464–01]
RIN 0648–BH87
Magnuson-Stevens Fishery
Conservation and Management Act;
Traceability Information Program for
Seafood
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
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Pursuant to the Commerce,
Justice, Science, and Related Agencies
Appropriations Act, 2018 and the
Magnuson-Stevens Fishery
Conservation and Management Act
(MSA), NMFS is proposing a
Traceability Information Program for
Seafood to establish registration,
reporting and recordkeeping
requirements for U.S. aquaculture
producers of shrimp and abalone, two
species subject to the Seafood
Traceability Program, also known as the
Seafood Import Monitoring Program
(SIMP). This proposed rule, if finalized,
would provide traceability for these
species from the point of production to
entry into U.S. commerce. Collection of
traceability information for U.S.
aquacultured shrimp and abalone will
be accomplished by electronic
submission of data to NMFS. This rule
would require owners or operators of
U.S. inland, coastal and marine
commercial aquaculture facilities
(‘‘producers’’) to report information
about production and entry into U.S.
commerce of shrimp and abalone
products. In addition, this rule would
require producers to register with NMFS
and retain records pertaining to the
production of shrimp and abalone and
entry of those products into U.S.
commerce. This proposed rule serves as
a domestic counterpart to the shrimp
and abalone import requirements under
SIMP, and will help NMFS verify that
U.S. aquacultured shrimp and abalone
were lawfully produced by providing
information to trace each production
event(s) to entry of the fish or fish
products into U.S. commerce. The rule
will also decrease the incidence of
seafood fraud by requiring the reporting
of this information to the U.S.
Government at the point of entry into
U.S. commerce so that the information
reported (e.g., regarding species and
harvest location) can be verified.
DATES: Written comments must be
received by November 26, 2018.
ADDRESSES: Written comments on this
action, identified by NOAA–NMFS–
2018–0055, may be submitted by either
of the following methods:
• Federal eRulemaking Portal: Go to
Docket Number NOAA–NMFS–2018–
0055, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Celeste Leroux, Office of
International Affairs and Seafood
Inspection, NOAA Fisheries, 1315 EastWest Highway, Silver Spring, MD
20910.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
SUMMARY:
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]]>Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: https://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]
BILLING CODE 3510-22-P
