Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagics Resources in the Gulf of Mexico and Atlantic Region; Amendment 31, 4733-4738 [2019-02591]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 84, Number 33 (Tuesday, February 19, 2019)]
[Rules and Regulations]
[Pages 4733-4738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02591]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 600, 622, 697

[Docket No. 181009921-8999-02]
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: Final rule.

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SUMMARY: NMFS issued regulations to implement management measures 
described in Amendment 31 to the Fishery Management Plan (FMP) for 
Coastal Migratory Pelagics (CMP) of the Gulf of Mexico (Gulf) and 
Atlantic Region (Amendment 31), as prepared by the Gulf of Mexico (Gulf 
Council) and South Atlantic Fishery Management Councils (South Atlantic 
Council) (Councils). This final rule removes 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, this final rule implements 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: This final rule is effective March 21, 2019.

ADDRESSES: 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: karla.gore@noaa.gov.

SUPPLEMENTARY INFORMATION: The coastal migratory pelagics fishery in 
the Atlantic region is managed under the FMP and includes cobia, along 
with king and Spanish mackerel. 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 Act.
    On October 11, 2018, NMFS published a notice of availability for 
Amendment 31 and requested public comment (83 FR 51424). On November 9, 
2018, NMFS published a proposed rule for Amendment 31 and requested 
public comment (83 FR 56039). The proposed rule and Amendment 31 
outline the rationale for the actions contained in this final rule. A 
summary of the management measures described in Amendment 31 and 
implemented by this final rule is provided below.

Background

    Through the CMP FMP, cobia is managed in two distinct migratory 
groups. The first is the Gulf migratory group of cobia that ranges both 
in the Gulf from Texas through Florida as well as in the Atlantic off 
the east coast of Florida (Gulf cobia). The second is the Atlantic 
migratory group of cobia that is managed from Georgia through New York 
(Atlantic cobia). The boundary between these two migratory groups is 
the Georgia-Florida state boundary. Both the Gulf and the Atlantic 
migratory groups of 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

[[Page 4734]]

ACL was projected to be reached during the fishing year.
    Allowable harvest in state waters following the Federal closures 
varied by time and area. 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.
    In April 2018, the ASFMC implemented the Interstate FMP, which 
established state management for Atlantic cobia with the purpose of 
improving cobia management in the Atlantic. 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. Upon implementation of 
Amendment 31, such management measures 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. 
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 those 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 one 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 1 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. Thus, 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 an 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. Additionally, 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. For the commercial sector, 
the ASMFC's Interstate FMP specified management measures for Atlantic 
cobia that are consistent with the current ACL and accountability 
measure (AM) specified in the Federal regulations implemented pursuant 
to the CMP FMP.
    Therefore, NMFS and the Councils have determined that management by 
the states, in conjunction with the ASMFC and Secretary of Commerce, 
will be more effective at constraining harvest and preventing 
overfishing, offering greater biological protection to the stock and 
decreasing adverse socioeconomic effects to fishermen. Further, 
management of Atlantic cobia by the ASMFC is expected to promote a more 
equitable distribution of harvest of the species among the states.

Management Measure Contained in This Final Rule

    This final rule removes Atlantic cobia from Federal management 
under the Magnuson-Stevens Act. At the same time, it implements 
comparable regulations, in Federal waters, under the Atlantic Coastal 
Act.
    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, this final rule 
implements these same minimum size limits, recreational bag and 
possession limits, and commercial trip limits in Federal waters. 
Additionally, this final rule implements 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 removal of 
Atlantic cobia from Federal management under the Magnuson-Stevens Act 
removes these sector ACLs. Under this final rule, a commercial quota of 
50,000 lb (22,280 kg) is implemented consistent with the current 
commercial ACL. The current commercial 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. This 
final rule implements commercial quota closure provisions through the 
Atlantic Coastal Act 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 Interstate FMP, one 
percent of the amount of the recreational allocation of the current 
Federal ACL (initially 6,200 lb (2,812 kg)) was set aside to account 
for harvests in de minimis states (Maryland, Delaware, and 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'

[[Page 4735]]

percentages of the coastwide historical landings in numbers of fish.
    The removal of Atlantic cobia from Federal management under the 
Magnuson-Stevens Act removes the recreational sector AM for Atlantic 
cobia. The current recreational AM requires that if 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. Also, 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 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 Interstate 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.
    Upon implementation of Amendment 31, Atlantic cobia will be managed 
under the ASMFC's 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 
will be no lapse in management of the stock. These regulations are 
being 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. NMFS expects that the Interstate FMP and 
Atlantic Coastal Act will provide adequate management of Atlantic cobia 
in state and Federal waters and ensure that the stock has sufficient 
conservation and management measures in place.

Comments and Responses

    NMFS received 14 comments on the proposed rule and Amendment 31 
from members of the public and fishing associations. Of these comments, 
two supported the actions in the proposed rule and Amendment 31, with 
which NMFS agrees. Another comment related to potential future measures 
in Florida state waters along the east coast, which is unrelated to the 
Atlantic cobia stock and beyond the scope of the actions contained in 
Amendment 31. NMFS refers the commenter to the State of Florida for 
potential future changes to state regulations.
    NMFS received 11 comments questioning the recreational and 
commercial management measures contained in the proposed rule. These 
comments questioned the basis for the less restrictive size and bag 
limits for commercial vessels, as compared to recreational vessels, 
harvesting Atlantic cobia. Initially, NMFS notes that all of the 
management measures contained in this rule are merely continued under 
the Atlantic Coastal Act from existing Magnuson-Stevens Act based 
regulations, and none of the size and bag restrictions originate from 
Amendment 31. The more restrictive recreational size and bag limits 
were implemented via the final rule associated with Framework Amendment 
4 to the FMP (82 FR 36344, August 4, 2017). Prior to that final rule, 
the size and possession limits were the same for recreational and 
commercial vessels. The CMP FMP allocates over 90 percent of the 
harvest of the Atlantic cobia stock to the recreational sector; thus, 
recreational harvest can easily lead to exceeding acceptable harvest 
levels for the entire stock, potentially leading to overfishing. 
Increasing recreational harvest in 2015 and 2016 did exactly that, with 
recreational landings being more than double the total stock ACL in 
each year, which resulted in extended Federal closures for the 
recreational sector. The more restrictive recreational management 
measures questioned in the comments were implemented to reduce 
recreational harvest to acceptable levels and promote more equitable 
fishing opportunities for all anglers through avoiding prolonged 
Federal closures. Without continuing the more restrictive recreational 
measures under the Atlantic Coastal Act, NMFS could not expect 
management measures in Federal waters to constrain the harvest of 
Atlantic cobia to acceptable levels, thereby helping to prevent 
overfishing.
    No changes were made to this final rule as a result of public 
comment.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this final rule is consistent with Amendment 31, the FMP, the 
Magnuson-Stevens Act, and other applicable laws. Additionally, this 
final rule is compatible with the effective implementation of the 
ASMFC's Interstate FMP for Atlantic cobia.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866. NMFS expects this final rule would 
reduce regulatory complexity and administrative costs, as well as 
provide economic benefits to recreational anglers through expanded 
harvest opportunities in Federal waters and a more stable recreational 
fishing season for Atlantic cobia.
    The Magnuson-Stevens Act and Atlantic Coastal Act provide the 
statutory basis for this final rule. 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 final rule. Accordingly, the Paperwork Reduction Act 
does not apply to this final rule.
    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 determination was published in the 
proposed rule and is not repeated here. None of the public comments 
that were received specifically addressed the certification and NMFS 
has not received any new information that would affect its 
determination that this rule would not have a significant economic 
impact on a substantial number of small entities. As a result, a final 
regulatory flexibility analysis was not required and none was prepared.

List of Subjects

50 CFR Part 600

    Atlantic, Cobia, Fisheries, Fishing, South Atlantic.

 50 CFR Part 622

    Atlantic, Cobia, Fisheries, Fishing, South Atlantic.

 50 CFR Part 697

    Atlantic, Cobia, Fisheries, Fishing, South Atlantic.

    Dated: February 12, 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 parts 600, 622, and 
697 are amended as follows:

[[Page 4736]]

PART 600--MAGNUSON-STEVENS ACT PROVISIONS

0
1. The authority citation for part 600 continues to read as follows:

    Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.


0
2. In Sec.  600.725, in paragraph (v), in the table under heading 
``III. South Atlantic Fishery Management Council,'' under entry 8, 
remove and reserve entry 8.C and add entry 25 in numerical order to 
read as follows:


Sec.  600.725  General prohibitions.

* * * * *
    (v) * * *

----------------------------------------------------------------------------------------------------------------
               Fishery                                           Authorized gear types
----------------------------------------------------------------------------------------------------------------
 
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 III. South Atlantic Fishery Management Council
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
25. Atlantic Migratory Group Cobia
 (Non-FMP):
    A. Commercial Fishery...........  A. Longline, handline, rod and reel, bandit gear, spear.
    B. Recreational Fishery.........  B. Bandit gear, rod and reel, handline, spear.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

0
3. The authority citation for part 622 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq.


0
4. In Sec.  622.1, revise the Table 1 entry for ``FMP for Coastal 
Migratory Pelagic Resources'', and add footnote 9 to Table 1 to read as 
follows:


Sec.  622.1  Purpose and scope.

* * * * *

                            Table 1 to Sec.   622.1--FMPs Implemented Under Part 622
----------------------------------------------------------------------------------------------------------------
                                               Responsible fishery
                 FMP title                    management council(s)                Geographical area
----------------------------------------------------------------------------------------------------------------
FMP for Coastal Migratory Pelagic Resources  GMFMC/SAFMC............  Gulf1 9, Mid-Atlantic 1 9, South Atlantic
                                                                       1 9.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Regulated area includes adjoining state waters for purposes of data collection and quota monitoring.
 * * * * * * *
\9\ Cobia is managed by the FMP in the Gulf EEZ and in the South Atlantic EEZ south of a line extending due east
  from the Florida/Georgia border.

* * * * *

0
5. In Sec.  622.375, revise paragraph (a)(2) to read as follows:


Sec.  622.375  Authorized and unauthorized gear.

* * * * *
    (a) * * *
    (2) Cobia, Gulf migratory group. Subject to the prohibitions on 
gear/methods specified in Sec.  622.9, the following are the only 
fishing gears that may be used in the Gulf EEZ, and in the South 
Atlantic EEZ south of a line extending due east from the Florida/
Georgia border for cobia--all gear except drift gillnet and long 
gillnet.
* * * * *

0
6. In Sec.  622.380, revise paragraph (a)(1) and remove and reserve 
paragraph (a)(2).
    The revision reads as follows:


Sec.  622.380  Size limits.

* * * * *
    (a) * * *
    (1) In the Gulf and in the South Atlantic EEZ south of a line 
extending due east from the Florida/Georgia border--33 inches (83.8 
cm), fork length.
* * * * *

0
7. In Sec.  622.381, revise paragraph (a) to read as follows:


Sec.  622.381  Landing fish intact.

    (a) Cobia in or from the Gulf and in the South Atlantic EEZ south 
of a line extending due east from the Florida/Georgia border, and king 
mackerel and Spanish mackerel in or from the Gulf, Mid-Atlantic, or 
South Atlantic EEZ, except as specified for king mackerel and Spanish 
mackerel in paragraph (b) of this section, must be maintained with head 
and fins intact. Such fish may be eviscerated, gilled, and scaled, but 
must otherwise be maintained in a whole condition. The operator of a 
vessel that fishes in the EEZ is responsible for ensuring that fish on 
that vessel in the EEZ are maintained intact and, if taken from the 
EEZ, are maintained intact through offloading ashore, as specified in 
this section.
* * * * *

0
8. In Sec.  622.382, revise the heading for paragraph (a) and remove 
paragraph (a)(1)(vi).
    The revision reads as follows:


Sec.  622.382  Bag and possession limits.

* * * * *
    (a) King mackerel and Spanish mackerel * * *
* * * * *


Sec.  622.384  [Amended]

0
9. In Sec.  622.384, remove and reserve paragraph (d)(2).


Sec.  622.385  [Amended]

0
10. In Sec.  622.385, remove paragraph (c).

[[Page 4737]]

Sec.  622.388  [Amended]

0
11. In Sec.  622.388, remove paragraph (f).

0
12. In appendix G to part 622, revise figure 3 to read as follows:

Appendix G to Part 622--Coastal Migratory Pelagics Zone Illustrations

* * * * *
BILLING CODE 3510-22-P
[GRAPHIC] [TIFF OMITTED] TR19FE19.022

BILLING CODE 3510-22-C

PART 697--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT

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

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


0
14. In Sec.  697.2, in paragraph (a), add a definition for ``Atlantic 
migratory group cobia'' in alphabetical order to read as follows:


Sec.  697.2  Definitions.

    (a) * * *
    Atlantic migratory group cobia, means Rachycentron canadum, a whole 
fish or a part thereof, bounded by a line extending from the 
intersection point of New York, Connecticut, and Rhode Island 
(41[deg]18'16.249'' N lat. and 71[deg]54'28.477'' W long) southeast to 
37[deg]22'32.75'' N lat. and the intersection point with the outward 
boundary of the EEZ and south to a line extending due east of the 
Florida/Georgia border (30[deg]42'45.6'' N lat.).
* * * * *

0
15. In Sec.  697.7, add paragraph (g) to read as follows:


Sec.  697.7  Prohibitions.

* * * * *
    (g) Atlantic migratory group cobia. In addition to the prohibitions 
set forth in Sec.  600.725 of this chapter, it is unlawful for any 
person to do any of the following:
    (1) Use or possess prohibited gear or methods or possess fish in 
association with possession or use of prohibited gear, as specified in 
this part.
    (2) Fish in violation of the prohibitions, restrictions, and 
requirements applicable to seasonal and/or area closures, including but 
not limited to: Prohibition of all fishing, gear restrictions, 
restrictions on take or retention of fish, fish release requirements, 
and restrictions on use of an anchor or grapple, as specified in this 
part or as may be specified under this part.
    (3) Possess undersized fish, fail to release undersized fish, or 
sell or purchase undersized fish, as specified in this part.
    (4) Fail to maintain a fish intact through offloading ashore, as 
specified in this part.
    (5) Exceed a bag or possession limit, as specified in this part.
    (6) Fail to comply with the species-specific limitations, as 
specified in this part.
    (7) Fail to comply with the restrictions that apply after closure 
of a fishery, sector, or component of a fishery, as specified in this 
part.
    (8) Possess on board a vessel or land, purchase, or sell fish in 
excess of the commercial trip limits, as specified in this part.
    (9) Fail to comply with the restrictions on sale/purchase, as 
specified in this part.

[[Page 4738]]

    (10) Interfere with fishing or obstruct or damage fishing gear or 
the fishing vessel of another, as specified in this part.
    (11) Fail to comply with any other requirement or restriction 
specified in this part or violate any provision(s) in this part.

0
16. Add Sec.  697.28 to subpart B to read as follows:


Sec.  697.28  Atlantic migratory group cobia.

    (a) Fishing year. The fishing year for Atlantic migratory cobia is 
January 1 through December 31.
    (b) Authorized gear. Subject to the prohibitions on gear/methods in 
Sec.  697.7, the following are the only fishing gears that may be used 
for cobia in the EEZ of the Atlantic migratory group--automatic reel, 
bandit gear, handline, rod and reel, pelagic longline, and spear 
(including powerheads).
    (c) Size limits. All size limits in this section are minimum size 
limits. Atlantic migratory group cobia not in compliance with its size 
limit, as specified in this section, in or from the EEZ, may not be 
possessed, sold, or purchased. A fish not in compliance with its size 
limit must be released immediately with a minimum of harm. The operator 
of a vessel that fishes in the EEZ is responsible for ensuring that 
fish on board are in compliance with the size limits specified in this 
section. If a size limit in paragraph (c)(1) or (2) of this section 
differs from a size limit from an Atlantic state(s), then any vessel 
operator in the EEZ must comply with the more restrictive requirement 
or measure when in the waters off that state.
    (1) 33 inches (83.8), fork length, for cobia that are sold 
(commercial sector).
    (2) 36 inches (91.4 cm), fork length, for cobia that are not sold 
(recreational sector).
    (d) Landing fish intact. Atlantic migratory group cobia in the EEZ, 
must be maintained with head and fins intact. Such fish may be 
eviscerated, gilled, and scaled, but must otherwise be maintained in a 
whole condition. The operator of a vessel that fishes in the EEZ is 
responsible for ensuring that fish on that vessel in the EEZ are 
maintained intact and, if taken from the EEZ, are maintained intact 
through offloading ashore, as specified in this section.
    (e) Bag and possession limits. If a bag and/or possession limit in 
paragraph (e)(1) or (2) of this section differs from a bag and/or 
possession limit from an Atlantic state(s), then any vessel operator in 
the EEZ must comply with the more restrictive requirement or measure 
when in the waters off that state.
    (1) Recreational bag and possession limits. Atlantic migratory 
group cobia that are not sold (recreational sector)--1, not to exceed 6 
fish per vessel per day.
    (2) Possession limits. A person who is on a trip that spans more 
than 24 hours may possess no more than two daily bag limits, provided 
such trip is on a vessel that is operating as a charter vessel or 
headboat, the vessel has two licensed operators aboard, and each 
passenger is issued and has in possession a receipt issued on behalf of 
the vessel that verifies the length of the trip.
    (f) Quotas. All weights are in round and eviscerated weight 
combined.
    (1) Commercial quota. The following quota applies to persons who 
fish for cobia and sell their catch--50,000 lb (22,680 kg). If the sum 
of the cobia landings that are sold, as estimated by the SRD, reach or 
are projected to reach the quota specified in this paragraph (f)(1), 
the AA will file a notification with the Office of the Federal Register 
to prohibit the sale and purchase of cobia for the remainder of the 
fishing year.
    (2) Restrictions applicable after a quota closure. (i) If the 
recreational sector for Atlantic migratory group cobia is open, the bag 
and possession specified in paragraph (e) of this section apply to all 
harvest or possession in or from the EEZ. If the recreational sector is 
closed, all applicable harvest or possession in or from the EEZ is 
prohibited.
    (ii) The sale or purchase of Atlantic migratory group cobia in or 
from the EEZ during a closure is prohibited. The prohibition on the 
sale or purchase during a closure does not apply to Atlantic migratory 
group cobia that were harvested, landed ashore, and sold prior to the 
effective date of the closure and were held in cold storage by a dealer 
or processor.
    (g) Commercial trip limits. Commercial trip limits are limits on 
the amount of Atlantic migratory group cobia that may be possessed on 
board or landed, purchased, or sold from a vessel per day. A person who 
fishes in the EEZ may not combine a trip limit specified in this 
section with any trip or possession limit applicable to state waters. 
Atlantic migratory group cobia specified in this section taken in the 
EEZ may not be transferred at sea, regardless of where such transfer 
takes place, and such species may not be transferred in the EEZ. 
Commercial trip limits apply as follows--Until the commercial quota 
specified in paragraph (f)(1) of this section is reached, 2 fish per 
person, not to exceed 6 fish per vessel.

[FR Doc. 2019-02591 Filed 2-15-19; 8:45 am]
 BILLING CODE 3510-22-P