Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region; Framework Amendment 7, 10328-10331 [2020-03164]

Download as PDF 10328 Federal Register / Vol. 85, No. 36 / Monday, February 24, 2020 / Rules and Regulations DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 200211–0052] RIN 0648–BI83 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region; Framework Amendment 7 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: NMFS issues regulations 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 final rule revises the commercial and recreational minimum size limit for the Gulf zone of the Gulf migratory group of cobia (Gulf cobia). The purpose of this final 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: This final rule is effective March 25, 2020. ADDRESSES: Electronic copies of 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-migratorygroup-cobia-size-and-possession-limits. FOR FURTHER INFORMATION CONTACT: Rich Malinowski, NMFS Southeast Regional Office, telephone: 727–824–5305, or email: rich.malinowski@noaa.gov. 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 lotter on DSKBCFDHB2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:25 Feb 21, 2020 Jkt 250001 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. On October 3, 2019, NMFS published a proposed rule for Framework Amendment 7 and requested public comment (84 FR 52864). The proposed rule and the Framework Amendment 7 outline the rationale for the actions contained in this final rule. A summary of the management measures described in the Framework Amendment 7 and implemented by this final rule is described below. Background Two migratory groups of cobia exist in the southeastern US: The Atlantic migratory group and the Gulf migratory group. The Atlantic migratory group is a genetically distinct stock that 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 was informed of the proposed changes for cobia harvested in the Gulf zone but decided not to consider changes to the cobia management measures for the Florida east coast zone. Within the Gulf zone, among other measures, Gulf cobia is managed using a stock annual catch target (quota) and annual catch limit with no sectorspecific allocations for the commercial and recreational sectors. Landings of Gulf cobia from the Gulf zone remained relatively consistent from 2012 through PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 2016. However, a decrease in landings was observed in 2017. During the 2018 April, 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 continued to decline from previous years. The 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 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 daily Federal possession limit of two Gulf migratory group cobia per person per day applies to both sectors and has been in effect since Amendment 5 to the FMP was implemented in 1990 (55 FR 29370, July 19, 1990). Although the 2013 stock assessment (SEDAR 28 2013) did not indicate that Gulf cobia are overfished or undergoing overfishing, the Gulf Council decided to take a precautionary approach and reduce fishing mortality in case the observed decrease in landings indicates an unknown issue with the health of the stock. An update to the stock assessment began in late 2019, and is expected to be available to the Gulf Council and its scientific and statistical committee in the summer of 2020. Framework Amendment 7 includes alternatives to revise the Gulf zone minimum size limit, as well as the possession limit. However, the Gulf Council chose not to make any modifications to the possession limit at this time. Management Measure Contained in This Final Rule This final rule implements an increase in the commercial and recreational minimum size limit for Gulf cobia in the Gulf zone from 33 inches (83.8 cm), fork length, to 36 inches (91.4 cm), fork length. The Gulf Council E:\FR\FM\24FER1.SGM 24FER1 Federal Register / Vol. 85, No. 36 / Monday, February 24, 2020 / Rules and Regulations determined that increasing the minimum size limit will 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. Comments and Responses NMFS received eight comments from individuals on the proposed rule for Framework Amendment 7, one of which was not related to Gulf cobia. All of the other comments supported the action to increase the Gulf cobia commercial and recreational minimum size limit. Some of the comments in support of the size limit change also suggested a 2-year cobia harvest closure and a no gaffing rule for landed cobia. These comments are outside the scope of the actions considered by the Council and the proposed rule. One comment did not agree with retaining the current possession limit. This comment is summarized below, followed by NMFS’ response. There are no changes to this final rule from the proposed rule. Comment 1: The daily possession limit should be reduced from two fish per person per day to one fish per person per day until the stock size increases. Response: NMFS disagrees that the possession limit should be reduced. The Council considered reducing the possession limit to one fish per person per day along with vessel trip limits of two, four, and six fish per vessel. However, the Council decided not to change the possession limit, or implement a vessel limit because there was public comment in opposition to the action, and a reduction in the possession limit to one fish would have minimal benefit to the stock given that most trips (greater than 95 percent) do not catch more than one cobia per person. lotter on DSKBCFDHB2PROD with RULES Classification The Regional Administrator for the NMFS Southeast Region has determined that this final rule is consistent with Framework Amendment 7, the FMP, the Magnuson-Stevens Act, and other applicable laws. This final rule has been determined to be not significant for purposes of Executive Order 12866. This final rule is not an Executive Order 13771 regulatory action because this action is VerDate Sep<11>2014 16:25 Feb 21, 2020 Jkt 250001 not significant under Executive Order 12866. The Magnuson-Stevens Act provides the statutory basis for this final rule. No duplicative, overlapping, or conflicting Federal rules have been identified. In addition, no new reporting, recordkeeping, or other compliance requirements are introduced by this final rule. Accordingly, the Paperwork Reduction Act does not apply to this final rule. A description of this final rule, why it is being implemented, and the purpose of this final rule are contained in the SUMMARY and SUPPLEMENTARY INFORMATION sections of this final rule. In compliance with section 604 of the RFA, NMFS prepared a final regulatory flexibility analysis (FRFA) for this final rule. The FRFA follows. No public comments received by NMFS were in opposition to the action in the Framework Amendment 7 and no changes to this final rule are made as a result of public comment. No comments were received from the Office of Advocacy for the Small Business Administration. NMFS agrees that the Gulf Council’s choice of preferred alternative will best achieve the objectives of Framework Amendment 7 while minimizing, to the extent practicable, the adverse effects on fishermen, support industries, and associated communities. NMFS expects this final rule to directly affect 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 final 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. This final rule will 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 final rule would be secondary to any direct effect on anglers and, therefore, would be an indirect effect of this final rule. Indirect PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 10329 effects are not relevant 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 final 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 $188,000 (2018 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 $2.33 million (2018 dollars). Finally, it is unknown how many non-federally permitted vessels 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 November 8, 2019, there were 1,286 valid (non-expired) or renewable Gulf CMP for-hire permits and 34 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 August 20, 2019, 68 Gulf headboats were registered in the SRHS. As a result, of the 1,320 vessels with Gulf CMP for-hire permits (including historical captain permits), up to 68 may primarily operate as headboats and the remainder as charter vessels. The average charter vessel is estimated to receive approximately $88,000 (2018 dollars) in annual revenue. The average headboat is estimated to receive approximately E:\FR\FM\24FER1.SGM 24FER1 lotter on DSKBCFDHB2PROD with RULES 10330 Federal Register / Vol. 85, No. 36 / Monday, February 24, 2020 / Rules and Regulations $267,000 (2018 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 final rule are believed to be small entities based on the NMFS size standard. On July 18, 2019, the Small Business Administration (SBA) issued an interim final rule (84 FR 34261) effective August 19, 2019, that adjusted the monetarybased industry size standards (i.e., receipts- and assets-based) for inflation for many industries. For fisheries forhire businesses and marinas, the rule changes the small business size standard from $7.5 million in annual gross receipts to $8 million (as discussed in the July 18, 2019, issue of the Federal Register on pages 34273 and 34279 that adjusts NAICS 487210 (Scenic and Sightseeing Transportation, Water) and 713930 (Marinas)). Pursuant to the RFA, and prior to SBA’s July 18, 2019 interim final rule, an initial regulatory flexibility analysis was developed for this action using SBA’s former size standards. NMFS has reviewed the analyses prepared for this action in light of the new size standards. Under the former SBA size standards, all entities subject to this action were considered small entities, and they all would continue to be considered small under the new standards. As a result, NMFS has determined that the new size standards do not affect the analyses prepared for this action. NMFS has not identified any other small entities that would be directly affected by this final rule. This final rule will 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 increase in the minimum size limit is 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 (2018 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 VerDate Sep<11>2014 16:25 Feb 21, 2020 Jkt 250001 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 Gulf Council decided to retain the current possession limit. Because this final 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, will 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 exvessel revenue by approximately $72,000 (2018 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- PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 vessel revenue by approximately $138,000 (2018 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 by the Gulf Council 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 will 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 approximately $15,000 (2018 dollars). This alternative was not selected by the Council, because they determined that the 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 allowed to exceed the per person possession limit. The third alternative 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 approximately $12,000 (2018 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 approximately $4,000 (2018 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 approximately $2,000 (2018 dollars). This alternative was not selected by the E:\FR\FM\24FER1.SGM 24FER1 Federal Register / Vol. 85, No. 36 / Monday, February 24, 2020 / Rules and Regulations Council, because they determined that the 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. Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 states that, for each rule or group of related rules for which an agency is required to prepare a FRFA, the agency shall publish one or more guides to assist small entities in complying with the rule, and shall designate such publications as ‘small entity compliance guides.’ The agency shall explain the actions a small entity is required to take to comply with a rule or group of rules. As part of this rulemaking process, NMFS prepared a fishery bulletin, which also serves as a small entity compliance guide. The fishery bulletin will be sent to all interested parties. List of Subjects in 50 CFR Part 622 Cobia, Fisheries, Fishing, Gulf of Mexico, Size Limits. Dated: February 12, 2020. 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 amended as follows: PART 622—FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH ATLANTIC 1. The authority citation for part 622 continues to read as follows: ■ Authority: 16 U.S.C. 1801 et seq. 2. In § 622.380, revise paragraph (a)(1) to read as follows: ■ § 622.380 Size limits. lotter on DSKBCFDHB2PROD with RULES * * * * * (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. 2020–03164 Filed 2–21–20; 8:45 am] BILLING CODE 3510–22–P VerDate Sep<11>2014 16:25 Feb 21, 2020 Jkt 250001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 200127–0032] RIN 0648–BG75 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Electronic Reporting for Federally Permitted Charter Vessels and Headboats in Atlantic Fisheries National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: NMFS implements management measures described in the For-hire Reporting Amendment, as prepared and submitted by the South Atlantic Fishery Management Council (South Atlantic Council) and Gulf of Mexico (Gulf) Fishery Management Council (Gulf Council). This final rule establishes new, and revises existing, electronic reporting requirements for federally permitted charter vessels and headboats (for-hire vessels), respectively, in certain Atlantic fisheries. The purpose of this final rule is to increase and improve fisheries information collected from federally permitted for-hire vessels in the Atlantic. The information is expected to improve recreational fisheries management of the for-hire component in the Atlantic. DATES: This final rule is effective on September 1, 2020. ADDRESSES: Electronic copies of the Forhire Reporting Amendment may be obtained from www.regulations.gov or the Southeast Regional Office website at https://www.fisheries.noaa.gov/ southeast/southeast-electronicreporting-technologies. The For-hire Reporting Amendment includes an environmental assessment, regulatory impact review, Regulatory Flexibility Act analysis, and fishery impact statement. Written comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in this final rule may be submitted to Adam Bailey, NMFS Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL 33701, or to the Office of Management and Budget (OMB) by email to OIRA_ Submission@omb.eop.gov or by fax to 202–395–5806. SUMMARY: PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 10331 FOR FURTHER INFORMATION CONTACT: Karla Gore, NMFS Southeast Regional Office, telephone: 727–824–5305, or email: karla.gore@noaa.gov. SUPPLEMENTARY INFORMATION: The Forhire Reporting Amendment amends 3 fishery management plans, and includes Amendment 27 to the Fishery Management Plan (FMP) for Coastal Migratory Pelagic (CMP) Resources of the Gulf and Atlantic Region (CMP FMP), Amendment 9 to the FMP for the Dolphin and Wahoo Fishery off the Atlantic States (Dolphin Wahoo FMP), and Amendment 39 to the FMP for the Snapper-Grouper Fishery of the South Atlantic Region (Snapper-Grouper FMP). The CMP fishery in the Atlantic region is managed under the CMP FMP, an FMP jointly managed by the Gulf Council and South Atlantic Council. The South Atlantic Council manages the dolphin and wahoo fishery under the Dolphin Wahoo FMP in the Atlantic and the snapper-grouper fishery under the Snapper-Grouper FMP in the South Atlantic. All of these FMPs are implemented by NMFS through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). On March 14, 2018, NMFS published a notice of availability (NOA) for the For-hire Reporting Amendment and requested public comment (83 FR 11164). On April 4, 2018, NMFS published a proposed rule for the Forhire Reporting Amendment and requested public comment (83 FR 14400). On June 12, 2018, the Secretary of Commerce (Secretary) approved the For-hire Reporting Amendment under section 304(a)(3) of the MagnusonStevens Act. The proposed rule and the For-hire Reporting Amendment outline the rationale for the actions contained in this final rule. A summary of the management measures described in the For-hire Reporting Amendment and implemented by this final rule is provided below. Management Measures Contained in This Final Rule This final rule establishes weekly electronic reporting for owners or operators of federally permitted charter vessels and changes the electronic reporting deadline for owners and operators of federally permitted headboats in the previously described Atlantic fisheries managed by the Gulf Council and South Atlantic Council. Further in this preamble, for ease of comprehension an owner or operator of a charter vessel with a Federal permit for Atlantic CMP species, Atlantic E:\FR\FM\24FER1.SGM 24FER1

Agencies

[Federal Register Volume 85, Number 36 (Monday, February 24, 2020)]
[Rules and Regulations]
[Pages 10328-10331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03164]



[[Page 10328]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 200211-0052]
RIN 0648-BI83


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic 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: Final rule.

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SUMMARY: NMFS issues regulations 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 
final rule revises the commercial and recreational minimum size limit 
for the Gulf zone of the Gulf migratory group of cobia (Gulf cobia). 
The purpose of this final 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: This final rule is effective March 25, 2020.

ADDRESSES: Electronic copies of 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.
    On October 3, 2019, NMFS published a proposed rule for Framework 
Amendment 7 and requested public comment (84 FR 52864). The proposed 
rule and the Framework Amendment 7 outline the rationale for the 
actions contained in this final rule. A summary of the management 
measures described in the Framework Amendment 7 and implemented by this 
final rule is described below.

Background

    Two migratory groups of cobia exist in the southeastern US: The 
Atlantic migratory group and the Gulf migratory group. The Atlantic 
migratory group is a genetically distinct stock that 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 was informed of the proposed changes for cobia 
harvested in the Gulf zone but decided not to consider changes to the 
cobia management measures for the Florida east coast zone.
    Within the Gulf zone, among other measures, Gulf cobia is managed 
using a stock annual catch target (quota) and annual catch limit with 
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 April, 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 continued to 
decline from previous years. The 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 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 daily Federal possession 
limit of two Gulf migratory group cobia per person per day applies to 
both sectors and has been in effect since Amendment 5 to the FMP was 
implemented in 1990 (55 FR 29370, July 19, 1990).
    Although the 2013 stock assessment (SEDAR 28 2013) did not indicate 
that Gulf cobia are overfished or undergoing overfishing, the Gulf 
Council decided to take a precautionary approach and reduce fishing 
mortality in case the observed decrease in landings indicates an 
unknown issue with the health of the stock. An update to the stock 
assessment began in late 2019, and is expected to be available to the 
Gulf Council and its scientific and statistical committee in the summer 
of 2020.
    Framework Amendment 7 includes alternatives to revise the Gulf zone 
minimum size limit, as well as the possession limit. However, the Gulf 
Council chose not to make any modifications to the possession limit at 
this time.

Management Measure Contained in This Final Rule

    This final rule implements an increase in the commercial and 
recreational minimum size limit for Gulf cobia in the Gulf zone from 33 
inches (83.8 cm), fork length, to 36 inches (91.4 cm), fork length. The 
Gulf Council

[[Page 10329]]

determined that increasing the minimum size limit will 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.

Comments and Responses

    NMFS received eight comments from individuals on the proposed rule 
for Framework Amendment 7, one of which was not related to Gulf cobia. 
All of the other comments supported the action to increase the Gulf 
cobia commercial and recreational minimum size limit. Some of the 
comments in support of the size limit change also suggested a 2-year 
cobia harvest closure and a no gaffing rule for landed cobia. These 
comments are outside the scope of the actions considered by the Council 
and the proposed rule. One comment did not agree with retaining the 
current possession limit. This comment is summarized below, followed by 
NMFS' response. There are no changes to this final rule from the 
proposed rule.
    Comment 1: The daily possession limit should be reduced from two 
fish per person per day to one fish per person per day until the stock 
size increases.
    Response: NMFS disagrees that the possession limit should be 
reduced. The Council considered reducing the possession limit to one 
fish per person per day along with vessel trip limits of two, four, and 
six fish per vessel. However, the Council decided not to change the 
possession limit, or implement a vessel limit because there was public 
comment in opposition to the action, and a reduction in the possession 
limit to one fish would have minimal benefit to the stock given that 
most trips (greater than 95 percent) do not catch more than one cobia 
per person.

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined that this final rule is consistent with Framework Amendment 
7, the FMP, the Magnuson-Stevens Act, and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866. This final rule is not an Executive 
Order 13771 regulatory action because this action is not significant 
under Executive Order 12866.
    The Magnuson-Stevens Act provides 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. A description of this final rule, why it is being implemented, 
and the purpose of this final rule are contained in the SUMMARY and 
SUPPLEMENTARY INFORMATION sections of this final rule.
    In compliance with section 604 of the RFA, NMFS prepared a final 
regulatory flexibility analysis (FRFA) for this final rule. The FRFA 
follows.
    No public comments received by NMFS were in opposition to the 
action in the Framework Amendment 7 and no changes to this final rule 
are made as a result of public comment. No comments were received from 
the Office of Advocacy for the Small Business Administration.
    NMFS agrees that the Gulf Council's choice of preferred alternative 
will best achieve the objectives of Framework Amendment 7 while 
minimizing, to the extent practicable, the adverse effects on 
fishermen, support industries, and associated communities.
    NMFS expects this final rule to directly affect 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 final 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. 
This final rule will 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 final rule would 
be secondary to any direct effect on anglers and, therefore, would be 
an indirect effect of this final rule. Indirect effects are not 
relevant 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 final 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 $188,000 (2018 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 $2.33 million (2018 dollars). Finally, it is unknown how 
many non-federally permitted vessels 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 November 8, 2019, there were 1,286 valid (non-
expired) or renewable Gulf CMP for-hire permits and 34 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 August 20, 2019, 68 
Gulf headboats were registered in the SRHS. As a result, of the 1,320 
vessels with Gulf CMP for-hire permits (including historical captain 
permits), up to 68 may primarily operate as headboats and the remainder 
as charter vessels. The average charter vessel is estimated to receive 
approximately $88,000 (2018 dollars) in annual revenue. The average 
headboat is estimated to receive approximately

[[Page 10330]]

$267,000 (2018 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 final rule are 
believed to be small entities based on the NMFS size standard.
    On July 18, 2019, the Small Business Administration (SBA) issued an 
interim final rule (84 FR 34261) effective August 19, 2019, that 
adjusted the monetary-based industry size standards (i.e., receipts- 
and assets-based) for inflation for many industries. For fisheries for-
hire businesses and marinas, the rule changes the small business size 
standard from $7.5 million in annual gross receipts to $8 million (as 
discussed in the July 18, 2019, issue of the Federal Register on pages 
34273 and 34279 that adjusts NAICS 487210 (Scenic and Sightseeing 
Transportation, Water) and 713930 (Marinas)).
    Pursuant to the RFA, and prior to SBA's July 18, 2019 interim final 
rule, an initial regulatory flexibility analysis was developed for this 
action using SBA's former size standards. NMFS has reviewed the 
analyses prepared for this action in light of the new size standards. 
Under the former SBA size standards, all entities subject to this 
action were considered small entities, and they all would continue to 
be considered small under the new standards. As a result, NMFS has 
determined that the new size standards do not affect the analyses 
prepared for this action.
    NMFS has not identified any other small entities that would be 
directly affected by this final rule. This final rule will 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 increase in the minimum size limit is 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 (2018 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 Gulf Council decided to retain the current possession 
limit. Because this final 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, will 
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 $72,000 (2018 
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 $138,000 (2018 
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 by the Gulf Council 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 will 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 approximately $15,000 (2018 
dollars). This alternative was not selected by the Council, because 
they determined that the 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 allowed to exceed the per person possession limit. 
The third alternative 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 approximately $12,000 (2018 
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 approximately $4,000 (2018 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 approximately $2,000 (2018 dollars). This 
alternative was not selected by the

[[Page 10331]]

Council, because they determined that the 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.
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as `small entity compliance 
guides.' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, NMFS prepared a fishery bulletin, which also 
serves as a small entity compliance guide. The fishery bulletin will be 
sent to all interested parties.

List of Subjects in 50 CFR Part 622

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

    Dated: February 12, 2020.
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 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. 2020-03164 Filed 2-21-20; 8:45 am]
 BILLING CODE 3510-22-P

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