Fisheries of the Atlantic; Atlantic Migratory Group Cobia; Amendment 1 and Addendum 1 to Amendment 1, 49284-49286 [2021-18960]
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49284
Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Proposed Rules
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 697
[Docket No. 210827–0170]
RIN 0648–BK63
Fisheries of the Atlantic; Atlantic
Migratory Group Cobia; Amendment 1
and Addendum 1 to Amendment 1
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes regulations
related to Amendment 1, and
Addendum 1 to Amendment 1, to the
Interstate Fishery Management Plan
(FMP) for Atlantic Migratory Group
Cobia (Interstate FMP), as prepared and
submitted by the Atlantic States Marine
Fisheries Commission (ASMFC). As
described in Amendment 1 and
Addendum 1, this proposed rule would
modify the commercial quota and the
process for a commercial quota closure
for Atlantic migratory group cobia
(Atlantic cobia) in Federal waters. The
purpose of this proposed action is to
increase the commercial quota as a
result of the most recent stock
assessment and to allow the ASMFC to
monitor commercial landings for any
needed commercial in-season closure
while ensuring the long-term
sustainability of the Atlantic cobia
stock.
DATES: Written comments must be
received on or before October 4, 2021.
ADDRESSES: You may submit comments
on the proposed rule, identified by
‘‘NOAA–NMFS–2021–0054,’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
‘‘NOAA–NMFS–2021–0054’’ in the
Search box. Click on the ‘‘Comment’’
icon, complete the required fields, and
enter or attach your comments.
• Mail: Submit written comments to
Frank Helies, Southeast Regional Office,
NMFS, 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
lotter on DSK11XQN23PROD with PROPOSALS1
SUMMARY:
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16:43 Sep 01, 2021
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viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
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 the required fields if you wish to
remain anonymous).
Electronic copies of Amendment 1
and Addendum 1 may be obtained from
the ASMFC website at https://
www.asmfc.org/uploads/file/
6009e765AtlanticCobia_AddendumI_
Oct2020.pdf.
FOR FURTHER INFORMATION CONTACT:
Frank Helies, telephone: 727–824–5305,
or email: Frank.Helies@noaa.gov.
SUPPLEMENTARY INFORMATION: The
fishery for Atlantic cobia in Federal
waters is managed under the authority
of the Atlantic Coastal Fisheries
Cooperative Management Act (Atlantic
Coastal Act) by regulations at 50 CFR
part 697. Separate migratory groups of
cobia are managed in the Gulf of Mexico
and Atlantic. Atlantic cobia is managed
from Georgia through New York. The
southern management boundary for
Atlantic cobia is a line that extends due
east of the Florida and Georgia state
border at 30°42′45.6″ N latitude. The
northern management boundary for
Atlantic cobia is the jurisdictional
boundary between the Mid-Atlantic and
New England Fishery Management
Councils, as specified in 50 CFR
600.105(a).
The final rule to implement
Amendment 31 to the FMP for Coastal
Migratory Pelagic (CMP) Resources of
the Gulf of Mexico and Atlantic Region
(CMP FMP) and Amendment 1 to the
Interstate FMP removed Atlantic cobia
from Federal management under the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) and
transitioned the management of Atlantic
cobia in Federal waters to the Atlantic
Coastal Act (84 FR 4733, February 19,
2019). All weights described in this rule
are in round and eviscerated weight,
combined.
In 2020, a new Southeast Data,
Assessment, and Review (SEDAR)
assessment was completed for Atlantic
cobia (SEDAR 58). SEDAR 58 indicated
that Atlantic cobia was not overfished
nor undergoing overfishing, and that the
allowable harvest could be increased
based on updated commercial and
recreational catch estimates. Based on
the results of the SEDAR 58 and new
stock projections from February 2020, in
October of 2020, the ASMFC approved
an increase to the Atlantic cobia annual
total harvest quota of 80,112 fish for the
2020–2022 fishing seasons to be
implemented in Federal waters through
this proposed rule. Through
Amendment 1 and Addendum 1, the
ASMFC also adjusted the commercial
and recreational allocation percentages
and changed the methodology used to
close the commercial sector when the
quota is reached.
Currently, the total Atlantic cobia
quota is allocated 8 percent to
commercial harvest and 92 percent to
recreational harvest. The ASMFC
changed these sector allocations to 4
percent to the commercial sector and 96
percent to the recreational sector to
account for changes in the recreational
catch estimates from the Marine
Recreational Information Program
Fishing Effort Survey. When defining
these allocations in terms of numbers of
fish, the updated allocations would
result in a commercial quota of 3,204
fish and a recreational quota of 76,908
fish. As described in Amendment 1 and
Addendum 1, using an average
commercial weight of 22.82 lb (10.35
kg), this is equivalent to a commercial
quota of 73,116 lb (33,165 kg) in round
and gutted weight, combined. In
addition, the ASMFC would closely
monitor commercial landings to ensure
the commercial quota is not exceeded.
Background
The ASMFC approved Amendment 1
to the Interstate FMP in 2019 and
Addendum 1 to Amendment 1 in 2020.
Amendment 1 and Addendum 1
provide for an increase in the
commercial quota and a revision to the
process for a commercial in-season
closure. This proposed rule would serve
to implement certain measures in
Federal waters contained within
Amendment 1 and Addendum 1.
Commercial Quota
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
Management Measures Contained in
This Proposed Rule
This proposed rule would modify the
commercial quota and the process for
closing the commercial sector in Federal
waters when the quota is reached.
The current Atlantic cobia
commercial quota of 50,000 lb (22,680
kg) was established through the final
rule to implement Amendment 1 to the
Interstate FMP (84 FR 4733, February
19, 2019). As a result of SEDAR 58, this
proposed rule would increase the
commercial quota to 73,116 lb (33,165
kg). The ASMFC is responsible for
monitoring of commercial landings
during the fishing year.
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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Proposed Rules
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Process To Close the Commercial Sector
The current process requires an inseason closure in Federal waters during
the fishing year for the commercial
sector when the quota is reached or
projected to be reached. When the
NMFS Scientific Research Director
estimates that the sum of commercial
landings (cobia that are sold) reaches or
is projected to reach the commercial
quota, then NMFS will prohibit the sale
and purchase of cobia for the remainder
of that fishing year (a commercial
closure). For example, in 2020, NMFS
projected that commercial landings
would reach the commercial quota on
November 6, and therefore, NMFS
closed the commercial sector on
November 6, 2020, through December
31, 2020 (85 FR 70085; November 4,
2020).
This proposed rule would retain the
possibility of an in-season closure if
commercial landings reach the quota.
This proposed rule also would change
the closure language in the current
regulations regarding in-season quota
monitoring so that commercial landings
would be monitored by the ASMFC and
not by NMFS. Currently, NMFS
monitors the commercial quota and
closes the commercial sector when the
quota is met or projected to be met. The
new process would transfer quota
monitoring responsibility to the
ASMFC. Because Atlantic cobia are
primarily landed in state waters, the
ASMFC determined that they are better
suited to monitor cobia landings and
ensure the risk of early closures is
minimized. During the fishing year, if
the ASMFC estimates that the sum of
commercial landings (cobia that are
sold), reaches or is projected to reach
the commercial quota, then the ASMFC
would notify NMFS of the need for a
commercial closure of the exclusive
economic zone (EEZ) and NMFS would
close the commercial sector. During any
such closure, the harvest, sale, trade,
barter, or purchase of Atlantic cobia
would be prohibited for the remainder
of that fishing year. When considering
this proposed increase to the
commercial quota, and when compared
to cobia landings in previous fishing
years, NMFS estimates that a
commercial in-season closure is still
possible as a result of the commercial
quota being reached, but expects that
any such closure would occur later in
the fishing year than under the current
commercial quota.
NMFS may consider additional
commercial and recreational regulatory
changes to be implemented through
rulemaking for Atlantic cobia as
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16:43 Sep 01, 2021
Jkt 253001
described in Amendment 1 and
Addendum 1 in future rulemaking.
Classification
The NMFS Assistant Administrator
has determined that this proposed rule
is consistent with the Interstate FMP,
the Atlantic Coastal Act, the applicable
provisions of the Magnuson-Stevens
Act, and other applicable laws, subject
to further consideration after public
comment.
This rule has been determined to be
not significant for purposes of Executive
Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities.
The factual basis for this certification is
described below.
A description of this proposed rule,
why it is being considered, and the
purposes of this proposed rule are
contained in the preamble and in the
SUMMARY section of the preamble. The
Atlantic Coastal Act provides the
statutory basis for this proposed rule.
No duplicative, overlapping, or
conflicting Federal rules have been
identified. In addition, no new reporting
or record keeping compliance
requirements are introduced in this
proposed rule.
This proposed rule directly affects
commercial fishing businesses that sell
Atlantic cobia harvested within the EEZ
off Georgia to New York. Atlantic cobia
is harvested mostly in state waters and
is primarily a bycatch, not targeted,
commercial species in the Mid-Atlantic
and South Atlantic. During the past 6
years (2015–2020), 17 percent of total
Atlantic cobia commercial landings
were of fish taken from the EEZ.
In the South Atlantic, from 2015
through 2019, there were, on average, 82
federally permitted commercial vessels
with reported landings of Atlantic cobia
from the South Atlantic (excluding
Florida, which is outside of the Atlantic
cobia stock boundary). These vessels
had average annual dockside revenue
from landings of Atlantic cobia of
$37,663 (2019 dollars). In the MidAtlantic, from 2015 through 2019, there
were, on average, 31 federally permitted
commercial vessels with reported
landings of Atlantic cobia and, on
average, each of these vessels earned
approximately $2,100 (2019 dollars) per
year from the sale of Atlantic cobia.
All of the businesses that operate the
above 113 federally permitted vessels
are expected to operate primarily in the
commercial fishing industry (NAICS
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
49285
code 11411). For Regulatory Flexibility
Act purposes, NMFS has established a
small business size standard for
businesses, including their affiliates,
whose primary industry is commercial
fishing (50 CFR 200.2). A business
primarily involved in the commercial
fishing industry is classified as a small
business if it is independently owned
and operated, is not dominant in its
field of operation (including its
affiliates), and its combined annual
receipts are not in excess of $11 million
for all of its affiliated operations
worldwide. The maximum annual
dockside revenue that any of the
permitted vessels had during the 5-year
period was approximately $0.3 million
(2019 dollars). Therefore, NMFS
concludes that all of the above 113
permitted vessels represent a small
commercial fishing business.
For-hire fishing captains and crew are
allowed to sell Atlantic cobia harvested
from the EEZ under the recreational
possession limit when the commercial
season is open; however, the respective
Atlantic states require individuals to
have a commercial fishing license in the
state where the cobia is sold, and
typically the vessels used to harvest
those cobia have a Federal charter/
headboat coastal migratory pelagics
permit. From 2015 through 2019 less
than 5 of the 1,712 currently permitted
for-hire vessels sold Atlantic cobia, and
the average revenue from those sales
was approximately $11 (2019 dollars)
annually per vessel.
A business that is primarily in the forhire fishing industry (NAICS code
487210) is a small business if it is
independently owned and operated, is
not dominant in its field of operation
(including its affiliates) and its
combined annual receipts that are no
more than $8.0 million for all of its
affiliated operations worldwide.
Average annual gross revenue of
federally permitted charter vessels and
headboats in the South Atlantic is
$125,261 per charter vessel and
$271,835 per headboat in 2019 dollars.
Hence, NMFS expects the less than five
for-hire fishing vessels that would be
annually affected by the proposed rule
are small businesses.
This proposed rule would increase
the commercial quota of Atlantic cobia
from 50,000 lb (22,680 kg) to 73,116 lb
(33,165 kg). This rule would also revise
the decision criteria used to close
Federal waters to commercial fishing for
Atlantic cobia. The Federal commercial
season would close if the sum of the
cobia landings that are sold, as
estimated by the ASMFC, reach or are
projected to reach the commercial
quota, and the ASMFC notifies NMFS of
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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Proposed Rules
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the need for a commercial closure of the
EEZ.
The increase in the commercial quota
from 50,000 lb (22,680 kg) to 73,116 lb
(33,165 kg) would allow for an
additional 23,116 lb (10,485 kg) of cobia
to be sold by small commercial fishing
businesses. As stated previously, an
average of 17 percent of annual
commercial landings of cobia are from
the EEZ, and 17 percent of the 23,116lb (10,485 kg) increase translates to an
additional 3,930 lb (1,782 kg) of Atlantic
cobia that could be harvested from the
EEZ annually.
The average dockside price of Atlantic
cobia has increased in the past 4 years,
and especially since 2019. Using the
average dockside price from 2019
through 2020, an additional 3,930 lb
(1,782 kg) of cobia would translate to
additional revenue of $16,427 (2019
dollars), and if spread evenly across the
average 113 small commercial fishing
businesses that report harvesting
Atlantic cobia annually, each of those
small businesses would benefit with an
additional $145 annually (2019 dollars)
in revenue. For the 113 commercial
fishing vessels and small businesses that
operate them, that additional revenue
represents up to 0.13 percent of their
average annual revenue from all
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16:43 Sep 01, 2021
Jkt 253001
landings. If the less than five small forhire fishing businesses that, on average,
annually sell bag-limit quantities of
cobia harvested from the EEZ were to
double their revenues from cobia sales,
those increases would represent 0.01
percent or less of their average annual
revenue.
Based on the analysis described
above, NMFS concludes that this rule
would not have a significant economic
impact on a substantial number of small
businesses. Therefore, an initial
regulatory flexibility analysis is not
required and none has been prepared.
This proposed rule contains no
information collection requirements
under the Paper Reduction Act of 1995.
List of Subjects in 50 CFR Part 697
Atlantic, Cobia, Fisheries, Fishing,
South Atlantic.
Dated: August 30, 2021.
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 697 is proposed
to be amended as follows:
PO 00000
Frm 00026
Fmt 4702
Sfmt 9990
PART 697—ATLANTIC COASTAL
FISHERIES COOPERATIVE
MANAGEMENT
1. The authority citation for part 697
continues to read as follows:
■
Authority: 16 U.S.C. 5101 et seq.
2. In § 697.28, revise paragraph (f)(1)
to read as follows:
■
§ 697.28
Atlantic migratory group cobia.
*
*
*
*
*
(f) * * *
(1) Commercial quota. The following
quota applies to persons who fish for
cobia for commercial purposes—73,116
lb (33,165 kg). If the sum of the cobia
landings that are sold, as estimated by
the ASMFC, reach or are projected to
reach the quota specified in this
paragraph (f)(1), then the ASMFC will
notify NMFS of the need for a
commercial closure of the EEZ. NMFS
will then subsequently file a notification
with the Office of the Federal Register
to prohibit (for commercial purposes)
the harvest, sale, trade, barter, or
purchase of cobia for the remainder of
the fishing year.
*
*
*
*
*
[FR Doc. 2021–18960 Filed 9–1–21; 8:45 am]
BILLING CODE 3510–22–P
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02SEP1
Agencies
[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Proposed Rules]
[Pages 49284-49286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18960]
[[Page 49284]]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 697
[Docket No. 210827-0170]
RIN 0648-BK63
Fisheries of the Atlantic; Atlantic Migratory Group Cobia;
Amendment 1 and Addendum 1 to Amendment 1
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes regulations related to Amendment 1, and Addendum
1 to Amendment 1, to the Interstate Fishery Management Plan (FMP) for
Atlantic Migratory Group Cobia (Interstate FMP), as prepared and
submitted by the Atlantic States Marine Fisheries Commission (ASMFC).
As described in Amendment 1 and Addendum 1, this proposed rule would
modify the commercial quota and the process for a commercial quota
closure for Atlantic migratory group cobia (Atlantic cobia) in Federal
waters. The purpose of this proposed action is to increase the
commercial quota as a result of the most recent stock assessment and to
allow the ASMFC to monitor commercial landings for any needed
commercial in-season closure while ensuring the long-term
sustainability of the Atlantic cobia stock.
DATES: Written comments must be received on or before October 4, 2021.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2021-0054,'' by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter ``NOAA-NMFS-2021-0054'' in the Search
box. Click on the ``Comment'' icon, complete the required fields, and
enter or attach your comments.
Mail: Submit written comments to Frank Helies, Southeast
Regional Office, NMFS, 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), 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 the required fields if you wish to remain anonymous).
Electronic copies of Amendment 1 and Addendum 1 may be obtained
from the ASMFC website at https://www.asmfc.org/uploads/file/6009e765AtlanticCobia_AddendumI_Oct2020.pdf.
FOR FURTHER INFORMATION CONTACT: Frank Helies, telephone: 727-824-5305,
or email: [email protected].
SUPPLEMENTARY INFORMATION: The fishery for Atlantic cobia in Federal
waters is managed under the authority of the Atlantic Coastal Fisheries
Cooperative Management Act (Atlantic Coastal Act) by regulations at 50
CFR part 697. Separate migratory groups of cobia are managed in the
Gulf of Mexico and Atlantic. Atlantic cobia is managed from Georgia
through New York. The southern management boundary for Atlantic cobia
is a line that extends due east of the Florida and Georgia state border
at 30[deg]42'45.6'' N latitude. The northern management boundary for
Atlantic cobia is the jurisdictional boundary between the Mid-Atlantic
and New England Fishery Management Councils, as specified in 50 CFR
600.105(a).
The final rule to implement Amendment 31 to the FMP for Coastal
Migratory Pelagic (CMP) Resources of the Gulf of Mexico and Atlantic
Region (CMP FMP) and Amendment 1 to the Interstate FMP removed Atlantic
cobia from Federal management under the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) and transitioned
the management of Atlantic cobia in Federal waters to the Atlantic
Coastal Act (84 FR 4733, February 19, 2019). All weights described in
this rule are in round and eviscerated weight, combined.
Background
The ASMFC approved Amendment 1 to the Interstate FMP in 2019 and
Addendum 1 to Amendment 1 in 2020. Amendment 1 and Addendum 1 provide
for an increase in the commercial quota and a revision to the process
for a commercial in-season closure. This proposed rule would serve to
implement certain measures in Federal waters contained within Amendment
1 and Addendum 1.
In 2020, a new Southeast Data, Assessment, and Review (SEDAR)
assessment was completed for Atlantic cobia (SEDAR 58). SEDAR 58
indicated that Atlantic cobia was not overfished nor undergoing
overfishing, and that the allowable harvest could be increased based on
updated commercial and recreational catch estimates. Based on the
results of the SEDAR 58 and new stock projections from February 2020,
in October of 2020, the ASMFC approved an increase to the Atlantic
cobia annual total harvest quota of 80,112 fish for the 2020-2022
fishing seasons to be implemented in Federal waters through this
proposed rule. Through Amendment 1 and Addendum 1, the ASMFC also
adjusted the commercial and recreational allocation percentages and
changed the methodology used to close the commercial sector when the
quota is reached.
Currently, the total Atlantic cobia quota is allocated 8 percent to
commercial harvest and 92 percent to recreational harvest. The ASMFC
changed these sector allocations to 4 percent to the commercial sector
and 96 percent to the recreational sector to account for changes in the
recreational catch estimates from the Marine Recreational Information
Program Fishing Effort Survey. When defining these allocations in terms
of numbers of fish, the updated allocations would result in a
commercial quota of 3,204 fish and a recreational quota of 76,908 fish.
As described in Amendment 1 and Addendum 1, using an average commercial
weight of 22.82 lb (10.35 kg), this is equivalent to a commercial quota
of 73,116 lb (33,165 kg) in round and gutted weight, combined. In
addition, the ASMFC would closely monitor commercial landings to ensure
the commercial quota is not exceeded.
Management Measures Contained in This Proposed Rule
This proposed rule would modify the commercial quota and the
process for closing the commercial sector in Federal waters when the
quota is reached.
Commercial Quota
The current Atlantic cobia commercial quota of 50,000 lb (22,680
kg) was established through the final rule to implement Amendment 1 to
the Interstate FMP (84 FR 4733, February 19, 2019). As a result of
SEDAR 58, this proposed rule would increase the commercial quota to
73,116 lb (33,165 kg). The ASMFC is responsible for monitoring of
commercial landings during the fishing year.
[[Page 49285]]
Process To Close the Commercial Sector
The current process requires an in-season closure in Federal waters
during the fishing year for the commercial sector when the quota is
reached or projected to be reached. When the NMFS Scientific Research
Director estimates that the sum of commercial landings (cobia that are
sold) reaches or is projected to reach the commercial quota, then NMFS
will prohibit the sale and purchase of cobia for the remainder of that
fishing year (a commercial closure). For example, in 2020, NMFS
projected that commercial landings would reach the commercial quota on
November 6, and therefore, NMFS closed the commercial sector on
November 6, 2020, through December 31, 2020 (85 FR 70085; November 4,
2020).
This proposed rule would retain the possibility of an in-season
closure if commercial landings reach the quota. This proposed rule also
would change the closure language in the current regulations regarding
in-season quota monitoring so that commercial landings would be
monitored by the ASMFC and not by NMFS. Currently, NMFS monitors the
commercial quota and closes the commercial sector when the quota is met
or projected to be met. The new process would transfer quota monitoring
responsibility to the ASMFC. Because Atlantic cobia are primarily
landed in state waters, the ASMFC determined that they are better
suited to monitor cobia landings and ensure the risk of early closures
is minimized. During the fishing year, if the ASMFC estimates that the
sum of commercial landings (cobia that are sold), reaches or is
projected to reach the commercial quota, then the ASMFC would notify
NMFS of the need for a commercial closure of the exclusive economic
zone (EEZ) and NMFS would close the commercial sector. During any such
closure, the harvest, sale, trade, barter, or purchase of Atlantic
cobia would be prohibited for the remainder of that fishing year. When
considering this proposed increase to the commercial quota, and when
compared to cobia landings in previous fishing years, NMFS estimates
that a commercial in-season closure is still possible as a result of
the commercial quota being reached, but expects that any such closure
would occur later in the fishing year than under the current commercial
quota.
NMFS may consider additional commercial and recreational regulatory
changes to be implemented through rulemaking for Atlantic cobia as
described in Amendment 1 and Addendum 1 in future rulemaking.
Classification
The NMFS Assistant Administrator has determined that this proposed
rule is consistent with the Interstate FMP, the Atlantic Coastal Act,
the applicable provisions of the Magnuson-Stevens Act, and other
applicable laws, subject to further consideration after public comment.
This rule has been determined to be not significant for purposes of
Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The factual basis for this certification is described below.
A description of this proposed rule, why it is being considered,
and the purposes of this proposed rule are contained in the preamble
and in the SUMMARY section of the preamble. The Atlantic Coastal Act
provides the statutory basis for this proposed rule. No duplicative,
overlapping, or conflicting Federal rules have been identified. In
addition, no new reporting or record keeping compliance requirements
are introduced in this proposed rule.
This proposed rule directly affects commercial fishing businesses
that sell Atlantic cobia harvested within the EEZ off Georgia to New
York. Atlantic cobia is harvested mostly in state waters and is
primarily a bycatch, not targeted, commercial species in the Mid-
Atlantic and South Atlantic. During the past 6 years (2015-2020), 17
percent of total Atlantic cobia commercial landings were of fish taken
from the EEZ.
In the South Atlantic, from 2015 through 2019, there were, on
average, 82 federally permitted commercial vessels with reported
landings of Atlantic cobia from the South Atlantic (excluding Florida,
which is outside of the Atlantic cobia stock boundary). These vessels
had average annual dockside revenue from landings of Atlantic cobia of
$37,663 (2019 dollars). In the Mid-Atlantic, from 2015 through 2019,
there were, on average, 31 federally permitted commercial vessels with
reported landings of Atlantic cobia and, on average, each of these
vessels earned approximately $2,100 (2019 dollars) per year from the
sale of Atlantic cobia.
All of the businesses that operate the above 113 federally
permitted vessels are expected to operate primarily in the commercial
fishing industry (NAICS code 11411). For Regulatory Flexibility Act
purposes, NMFS has established a small business size standard for
businesses, including their affiliates, whose primary industry is
commercial fishing (50 CFR 200.2). A business primarily involved in the
commercial fishing industry is classified as a small business if it is
independently owned and operated, is not dominant in its field of
operation (including its affiliates), and its combined annual receipts
are not in excess of $11 million for all of its affiliated operations
worldwide. The maximum annual dockside revenue that any of the
permitted vessels had during the 5-year period was approximately $0.3
million (2019 dollars). Therefore, NMFS concludes that all of the above
113 permitted vessels represent a small commercial fishing business.
For-hire fishing captains and crew are allowed to sell Atlantic
cobia harvested from the EEZ under the recreational possession limit
when the commercial season is open; however, the respective Atlantic
states require individuals to have a commercial fishing license in the
state where the cobia is sold, and typically the vessels used to
harvest those cobia have a Federal charter/headboat coastal migratory
pelagics permit. From 2015 through 2019 less than 5 of the 1,712
currently permitted for-hire vessels sold Atlantic cobia, and the
average revenue from those sales was approximately $11 (2019 dollars)
annually per vessel.
A business that is primarily in the for-hire fishing industry
(NAICS code 487210) is a small business if it is independently owned
and operated, is not dominant in its field of operation (including its
affiliates) and its combined annual receipts that are no more than $8.0
million for all of its affiliated operations worldwide. Average annual
gross revenue of federally permitted charter vessels and headboats in
the South Atlantic is $125,261 per charter vessel and $271,835 per
headboat in 2019 dollars. Hence, NMFS expects the less than five for-
hire fishing vessels that would be annually affected by the proposed
rule are small businesses.
This proposed rule would increase the commercial quota of Atlantic
cobia from 50,000 lb (22,680 kg) to 73,116 lb (33,165 kg). This rule
would also revise the decision criteria used to close Federal waters to
commercial fishing for Atlantic cobia. The Federal commercial season
would close if the sum of the cobia landings that are sold, as
estimated by the ASMFC, reach or are projected to reach the commercial
quota, and the ASMFC notifies NMFS of
[[Page 49286]]
the need for a commercial closure of the EEZ.
The increase in the commercial quota from 50,000 lb (22,680 kg) to
73,116 lb (33,165 kg) would allow for an additional 23,116 lb (10,485
kg) of cobia to be sold by small commercial fishing businesses. As
stated previously, an average of 17 percent of annual commercial
landings of cobia are from the EEZ, and 17 percent of the 23,116-lb
(10,485 kg) increase translates to an additional 3,930 lb (1,782 kg) of
Atlantic cobia that could be harvested from the EEZ annually.
The average dockside price of Atlantic cobia has increased in the
past 4 years, and especially since 2019. Using the average dockside
price from 2019 through 2020, an additional 3,930 lb (1,782 kg) of
cobia would translate to additional revenue of $16,427 (2019 dollars),
and if spread evenly across the average 113 small commercial fishing
businesses that report harvesting Atlantic cobia annually, each of
those small businesses would benefit with an additional $145 annually
(2019 dollars) in revenue. For the 113 commercial fishing vessels and
small businesses that operate them, that additional revenue represents
up to 0.13 percent of their average annual revenue from all landings.
If the less than five small for-hire fishing businesses that, on
average, annually sell bag-limit quantities of cobia harvested from the
EEZ were to double their revenues from cobia sales, those increases
would represent 0.01 percent or less of their average annual revenue.
Based on the analysis described above, NMFS concludes that this
rule would not have a significant economic impact on a substantial
number of small businesses. Therefore, an initial regulatory
flexibility analysis is not required and none has been prepared.
This proposed rule contains no information collection requirements
under the Paper Reduction Act of 1995.
List of Subjects in 50 CFR Part 697
Atlantic, Cobia, Fisheries, Fishing, South Atlantic.
Dated: August 30, 2021.
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 697 is
proposed to be amended as follows:
PART 697--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT
0
1. The authority citation for part 697 continues to read as follows:
Authority: 16 U.S.C. 5101 et seq.
0
2. In Sec. 697.28, revise paragraph (f)(1) to read as follows:
Sec. 697.28 Atlantic migratory group cobia.
* * * * *
(f) * * *
(1) Commercial quota. The following quota applies to persons who
fish for cobia for commercial purposes--73,116 lb (33,165 kg). If the
sum of the cobia landings that are sold, as estimated by the ASMFC,
reach or are projected to reach the quota specified in this paragraph
(f)(1), then the ASMFC will notify NMFS of the need for a commercial
closure of the EEZ. NMFS will then subsequently file a notification
with the Office of the Federal Register to prohibit (for commercial
purposes) the harvest, sale, trade, barter, or purchase of cobia for
the remainder of the fishing year.
* * * * *
[FR Doc. 2021-18960 Filed 9-1-21; 8:45 am]
BILLING CODE 3510-22-P