Fisheries of the Atlantic; Atlantic Migratory Group Cobia; Amendment 1 and Addendum 1 to Amendment 1, 61714-61717 [2021-24172]
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61714
Federal Register / Vol. 86, No. 213 / Monday, November 8, 2021 / Rules and Regulations
Pursuant to 5 U.S.C. 553(b)(B), the AA
finds that there is good cause to waive
prior notice and opportunity to
comment on this rule. The AA finds that
unusually high amounts of debris are
creating special environmental
conditions that make trawling with
TED-equipped nets impracticable. Prior
notice and opportunity to comment are
impracticable and contrary to the public
interest in this instance because
providing notice and comment would
prevent the agency from providing the
affected industry relief from the effects
of Hurricane Ida in a timely manner,
while continuing to provide effective
protection for sea turtles.
For the same reasons, the AA finds
that there is good cause to waive the 30day delay in effective date pursuant to
5 U.S.C. 553(d)(3).
Since prior notice and an opportunity
for public comment are not required to
be provided for this action by 5 U.S.C.
553, or by any other law, the analytical
requirements of 5 U.S.C. 601 et seq. are
inapplicable.
Authority: 16 U.S.C. 1531–1543.
Dated: November 1, 2021.
Carrie Diane Robinson,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021–24175 Filed 11–5–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 211103–0223; RTID 0648–
XX074]
Atlantic Surfclam and Ocean Quahog
Fisheries; 2022 Fishing Quotas for
Atlantic Surfclams and Ocean
Quahogs; and Suspension of Atlantic
Surfclam Minimum Size Limit
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS announces that the
quotas for the Atlantic surfclam and
ocean quahog fisheries for 2022 will
remain status quo. NMFS also suspends
the minimum size limit for Atlantic
surfclams for the 2022 fishing year.
Regulations for these fisheries require
NMFS to notify the public of the
allowable harvest levels for Atlantic
surfclams and ocean quahogs from the
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SUMMARY:
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Exclusive Economic Zone even if the
previous year’s quota specifications
remain unchanged.
DATES: Effective January 1, 2022,
through December 31, 2022.
FOR FURTHER INFORMATION CONTACT:
Douglas Potts, Fishery Policy Analyst,
978–281–9341.
SUPPLEMENTARY INFORMATION: The
Atlantic Surfclam and Ocean Quahog
Fishery Management Plan (FMP)
requires that NMFS issue a notice in the
Federal Register of the upcoming year’s
quota, even if the quota remains
unchanged from the previous year. At
its June 2021 meeting, the Mid-Atlantic
Fishery Management Council
recommended no change to the quota
specifications for Atlantic surfclams and
ocean quahogs for the 2022 fishing year.
We are announcing 2022 quota levels of
3.4 million bushels (bu) (181 million L)
for Atlantic surfclams, 5.36 million bu
(288 million L) for ocean quahogs, and
100,000 Maine bu (3.52 million L) for
Maine ocean quahogs. These quotas
were published as projected 2022 limits
in the Federal Register on May 13, 2021
(86 FR 26186). This rule establishes
these quotas as unchanged from 2021
and final.
The regulations at 50 CFR 648.75(b)(3)
allow the Regional Administrator to
annually suspend the minimum size
limit for Atlantic surfclams unless
discard, catch, and biological sampling
data indicate that 30 percent or more of
the Atlantic surfclam resource have a
shell length less than 4.75 inches (in)
(121 millimeters (mm)) and the overall
reduced size is not attributable to
harvest from beds where growth of the
individual clams has been reduced
because of density-dependent factors. At
its June 2021 meeting, the Council
recommended the Regional
Administrator suspend the minimum
size limit for Atlantic surfclams for the
2022 fishing year. Commercial surfclam
data for 2021 indicated that 16.9 percent
of the overall commercial landings were
composed of surfclams that were less
than the 4.75-in (121-mm) default
minimum size.
Based on the information available,
the Regional Administrator concurs
with the Council’s recommendation and
is suspending the minimum size limit
for Atlantic surfclams for the upcoming
fishing year (January 1 through
December 31, 2022).
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the Assistant
Administrator for Fisheries, NOAA, has
determined that this rule is consistent
with the Atlantic Surfclam and Ocean
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Quahog FMP, other provisions of the
Magnuson-Stevens Act, and other
applicable law.
This action does not introduce any
new reporting, recordkeeping, or other
compliance requirements. This rule
does not duplicate, overlap, or conflict
with other Federal rules.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
this action, as notice and comment
would be unnecessary and contrary to
the public interest. The public was
given the opportunity to comment on
the proposed rule for the 2021–2026
specifications (86 FR 9901, February 17,
2021), including the projected 2022
specifications, which remain
unchanged. Delaying this action would
prolong public uncertainty about the
final quotas for the 2022 fishing year.
The public and industry participants
expect this action because we
previously alerted the public that we
would conduct this review in interim
years of the multi-year specifications
and announce the final quotas before or
as close as possible to the January 1 start
of the fishing year. This rule could not
be published earlier because of the time
necessary to collect data and conduct
the analysis to support suspending the
minimum size limit for Atlantic
surfclams.
This rule is exempt from the
requirements of Executive Order 12866.
Because prior notice and opportunity
for public comment are not required for
this rule by 5 U.S.C. 553, or any other
law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 3, 2021.
Carrie Robinson,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021–24390 Filed 11–5–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 697
[Docket No. 211101–0222]
RIN 0648–BK63
Fisheries of the Atlantic; Atlantic
Migratory Group Cobia; Amendment 1
and Addendum 1 to Amendment 1
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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Federal Register / Vol. 86, No. 213 / Monday, November 8, 2021 / Rules and Regulations
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
NMFS issues regulations
related to Amendment 1, and
Addendum 1 to Amendment 1, to the
Interstate Fishery Management Plan
(FMP) for Atlantic Migratory Group
Cobia (Interstate FMP), as prepared and
submitted by the Atlantic States Marine
Fisheries Commission (ASMFC). As
described in Amendment 1 and
Addendum 1, this final rule revises the
commercial quota and the process for a
commercial quota closure for Atlantic
migratory group cobia (Atlantic cobia)
in Federal waters. The purpose of this
final rule is to increase the commercial
quota as a result of the most recent stock
assessment and to allow the ASMFC to
monitor commercial landings for any
needed commercial in-season closure
while ensuring the long-term
sustainability of the Atlantic cobia
stock.
DATES: This final rule is effective
November 8, 2021.
ADDRESSES: Electronic copies of
Amendment 1 and Addendum 1 may be
obtained from the ASMFC website at
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 Resources of the Gulf
of Mexico and Atlantic Region and
Amendment 1 to the Interstate FMP
removed Atlantic cobia from Federal
management under the MagnusonStevens Fishery Conservation and
Management Act and transitioned the
management of Atlantic cobia in Federal
waters to the ASMFC under the Atlantic
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SUMMARY:
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16:24 Nov 05, 2021
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Coastal Act (84 FR 4733, February 19,
2019). All weights described in this rule
are in round and eviscerated weight,
combined.
On September 2, 2021, NMFS
published a proposed rule for
Amendment 1 and Addendum 1 and
requested public comment (86 FR
49284). The proposed rule and
Amendment 1 and Addendum 1 outline
the rationale for the actions contained in
this final rule. A summary of the
management measures described in
Amendment 1 and Addendum 1 and
implemented by this final rule is
described below.
Background
The ASMFC approved Amendment 1
to the Interstate FMP in 2019 and
Addendum 1 to Amendment 1 in 2020.
Amendment 1 and Addendum 1
provide for an increase in the
commercial quota and a revision to the
process for a commercial in-season
closure. This final rule serves to
implement certain measures in Federal
waters contained within Amendment 1
and Addendum 1.
In 2020, a new Southeast Data,
Assessment, and Review (SEDAR)
assessment was completed for Atlantic
cobia (SEDAR 58). SEDAR 58 indicated
that Atlantic cobia was not overfished or
undergoing overfishing, and that the
allowable harvest could be increased
based on updated commercial and
recreational catch estimates. Based on
the results of the SEDAR 58 and new
stock projections from February 2020, in
October of 2020, the ASFMC approved
an increase to the Atlantic cobia annual
total harvest quota of 80,112 fish for the
2020–2022 fishing seasons. Through
Amendment 1 and Addendum 1, the
ASMFC also adjusted the commercial
and recreational allocation percentages
and changed the methodology used to
close the commercial sector when the
quota is reached.
The ASMFC revised the total Atlantic
cobia quota sector allocations from 8
percent to 4 percent for the commercial
harvest and from 92 percent to 96
percent for the recreational harvest, to
account for changes in the recreational
catch estimates from the Marine
Recreational Information Program
Fishing Effort Survey. When defining
these allocations in terms of numbers of
fish, the updated allocations would
result in a commercial quota of 3,204
fish and a recreational quota of 76,908
fish. As described in Amendment 1 and
Addendum 1, using an average
commercial weight of 22.82 lb (10.35
kg), this is equivalent to a commercial
quota of 73,116 lb (33,165 kg) in round
and gutted weight, combined. In
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61715
addition, the ASMFC would closely
monitor commercial landings to ensure
the commercial quota is not exceeded.
Management Measures Contained in
This Final Rule
This final rule modifies the
commercial quota and the process for
closing the commercial sector in Federal
waters when the quota is reached.
Commercial Quota
The current Atlantic cobia
commercial quota of 50,000 lb (22,680
kg) was established through the final
rule to implement Amendment 1 to the
Interstate FMP (84 FR 4733, February
19, 2019). As a result of SEDAR 58, this
final rule increases the commercial
quota to 73,116 lb (33,165 kg). The
ASMFC is responsible for monitoring of
commercial landings during the fishing
year.
Process To Close the Commercial Sector
The current process requires an 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 Science and Research Director
estimates that the sum of commercial
landings (cobia that are sold) reaches or
is projected to reach the commercial
quota, then NMFS will prohibit the sale
and purchase of cobia for the remainder
of that fishing year (a commercial
closure). For example, in 2020, NMFS
projected that commercial landings
would reach the commercial quota on
November 6, and therefore, NMFS
closed the commercial sector on
November 6, 2020, through December
31, 2020 (85 FR 70085; November 4,
2020).
This final rule retains the possibility
of an in-season closure if commercial
landings reach the quota. This final rule
also changes the closure language in the
current regulations regarding in-season
quota monitoring so that commercial
landings will be monitored by the
ASMFC and not by NMFS. Currently,
NMFS monitors the commercial quota
and closes the commercial sector when
the quota is met or projected to be met.
The new process transfers quota
monitoring responsibility to the
ASMFC. Because Atlantic cobia are
primarily landed in state waters, the
ASFMC determined that they are better
suited to monitor cobia landings and
ensure the risk of early closures is
minimized. During the fishing year, if
the ASMFC estimates that the sum of
commercial landings (cobia that are
sold), reaches or is projected to reach
the commercial quota, then the ASMFC
would notify NMFS of the need for a
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Federal Register / Vol. 86, No. 213 / Monday, November 8, 2021 / Rules and Regulations
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commercial closure of the exclusive
economic zone (EEZ) and NMFS would
close the commercial sector. During any
such closure, the commercial harvest,
sale, trade, barter, or purchase of
Atlantic cobia would be prohibited for
the remainder of that fishing year. When
considering this increase to the
commercial quota, and when compared
to cobia landings in previous fishing
years, NMFS estimates that a
commercial in-season closure is still
possible as a result of the commercial
quota being reached, but expects that
any such closure would occur later in
the fishing year than occurred under the
previous commercial quota.
NMFS may consider additional
commercial and recreational regulatory
changes to be implemented through
rulemaking for Atlantic cobia as
described in Amendment 1 and
Addendum 1 in future rulemaking.
Comments and Responses
NMFS received nine comments from
individuals and a fishery management
organization during the public comment
period on the proposed rule. NMFS
acknowledges the comments in favor of
the actions in the proposed rule and
agrees with them. Comments received
that were outside the scope of the
proposed rule are not responded to in
this final rule. Comments that opposed
the actions contained in the proposed
rule are summarized below, along with
NMFS’ responses.
Comment 1: The commercial quota
should not be increased. The Atlantic
cobia stock is under high fishing
pressure and increasing the commercial
quota would hurt the stock’s recovery
progress.
Response: NMFS disagrees that the
commercial quota should not be
increased. In 2020, a new SEDAR
assessment was completed for Atlantic
cobia. The stock assessment indicated
that Atlantic cobia was not overfished or
undergoing overfishing, and that the
allowable harvest could be increased
based on updated commercial and
recreational catch estimates. In response
to the stock assessment, the ASFMC
developed Addendum 1 to Amendment
1 and the Interstate FMP. Addendum 1
increased the Atlantic cobia annual total
and sector harvest quotas. NMFS does
not expect increased commercial catch
levels to result in negative impacts to
the Atlantic cobia stock.
Comment 2: The commercial quota
should not be increased. Commercial
harvest limits are constantly increasing
while the recreational sector harvest
limits keep getting reduced.
Response: NMFS disagrees that the
commercial quota shouldn’t be
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increased when compared to
recreational harvest. As a result of the
latest stock assessment, Addendum 1
increased the harvest quotas for both the
commercial and recreational sectors.
Addendum 1 also changed sector
allocations from 8 percent commercial
to 4 percent commercial and from 92
percent recreational to 96 percent
recreational. The Atlantic cobia
recreational sector continues to be
allocated the majority of the available
total stock quota. The ASMFC made the
change to the sector allocations to
account for the revised recreational
catch estimates from the Marine
Recreational Information Program
Fishing Effort Survey. As a result of the
updated stock assessment and changes
to the sector allocations, the recreational
quota increased from 22,142 fish to
76,908 fish and the commercial quota
increased from 2,191 fish to 3,204 fish.
Therefore the commercial and
recreational quota increases are based
on the results of the recent assessment
and the revised sector allocations as
determined by the ASMFC.
Comment 3: In response to the
increased Atlantic cobia stock size, the
for-hire charter sector should be allowed
to keep smaller than 36 inch (91.4 cm)
fish or allow 2 fish per person, instead
of increasing the commercial quota.
Response: The actions contained in
this final rule for the commercial quota
increase and revising the process for
closing the commercial sector in Federal
waters are taken from the request of the
ASMFC to NMFS and contained in
Amendment 1 and Addendum 1. NMFS
acknowledges that within Amendment 1
and Addendum 1, the ASMFC has
proposed additional recreational
management measures for Federal
waters that include size limits and bag
and vessel limits based on the existing
requirements for each state represented
by the ASMFC. NMFS is evaluating
those additional management measures
and may propose them in a future
rulemaking, but at this time changes to
size limits and bag and vessel limits are
outside the scope of this final rule.
Classification
The NMFS Assistant Administrator
has determined that this final rule is
consistent with Amendment 1 and
Addendum 1, the Interstate FMP, the
Atlantic Coastal Act, the applicable
provisions of the Magnuson-Stevens
Act, and other applicable laws.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
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Small Business Administration during
the proposed rule stage that this rule
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
certification was published in the
proposed rule and is not repeated here.
No significant issues were raised by
public comments related to the
economic impacts on small entities, and
no changes to this final rule were made
in response to public comments. As a
result, a final regulatory flexibility
analysis was not required and none was
prepared.
NMFS finds good cause under 5
U.S.C. 553(d)(3) to waive the 30-day
delay in the effective date for this final
rule because this rule relieves a
restriction by increasing the commercial
quota for Atlantic cobia. In addition,
delaying implementation of the quota
increase is contrary to the public
interest. As described in Amendment 1
and Addendum 1, the ASMFC increased
the commercial quota based upon the
results of the latest stock assessment
and is intended to be used in
combination with other measures to
achieve optimum yield for the stock.
Not waiving the 30-day delay in the date
of effectiveness of this final rule would
result in reduced opportunities for
fishermen to harvest the quota and
achieve optimum yield this year, and
could also result in an early closure of
the commercial fishery if the quota is
not increased. A closure in 2021 that
occurred as a result of the current quota
being met, prior to the increased quota
being implemented, would not be
consistent with the intent of the ASMFC
and Amendment 1 and Addendum 1,
and is contrary to the public interest.
Therefore, a delay in the date of
effectiveness of this final rule would
diminish the social and economic
benefits this rule provides for Atlantic
cobia fishermen.
List of Subjects in 50 CFR Part 697
Atlantic, Cobia, Fisheries, Fishing,
South Atlantic.
Dated: November 1, 2021.
Carrie Robinson,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 697 is amended
as follows:
PART 697—ATLANTIC COASTAL
FISHERIES COOPERATIVE
MANAGEMENT
1. The authority citation for part 697
continues to read as follows:
■
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Federal Register / Vol. 86, No. 213 / Monday, November 8, 2021 / Rules and Regulations
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
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*
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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
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61717
with the Office of the Federal Register
to prohibit (for commercial purposes)
the harvest, sale, trade, barter, or
purchase of cobia for the remainder of
the fishing year.
*
*
*
*
*
[FR Doc. 2021–24172 Filed 11–5–21; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\08NOR1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 213 (Monday, November 8, 2021)]
[Rules and Regulations]
[Pages 61714-61717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24172]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 697
[Docket No. 211101-0222]
RIN 0648-BK63
Fisheries of the Atlantic; Atlantic Migratory Group Cobia;
Amendment 1 and Addendum 1 to Amendment 1
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 61715]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues regulations related to Amendment 1, and Addendum 1
to Amendment 1, to the Interstate Fishery Management Plan (FMP) for
Atlantic Migratory Group Cobia (Interstate FMP), as prepared and
submitted by the Atlantic States Marine Fisheries Commission (ASMFC).
As described in Amendment 1 and Addendum 1, this final rule revises the
commercial quota and the process for a commercial quota closure for
Atlantic migratory group cobia (Atlantic cobia) in Federal waters. The
purpose of this final rule is to increase the commercial quota as a
result of the most recent stock assessment and to allow the ASMFC to
monitor commercial landings for any needed commercial in-season closure
while ensuring the long-term sustainability of the Atlantic cobia
stock.
DATES: This final rule is effective November 8, 2021.
ADDRESSES: Electronic copies of Amendment 1 and Addendum 1 may be
obtained from the ASMFC website at 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 Resources of the Gulf of Mexico and Atlantic Region
and Amendment 1 to the Interstate FMP removed Atlantic cobia from
Federal management under the Magnuson-Stevens Fishery Conservation and
Management Act and transitioned the management of Atlantic cobia in
Federal waters to the ASMFC under the Atlantic Coastal Act (84 FR 4733,
February 19, 2019). All weights described in this rule are in round and
eviscerated weight, combined.
On September 2, 2021, NMFS published a proposed rule for Amendment
1 and Addendum 1 and requested public comment (86 FR 49284). The
proposed rule and Amendment 1 and Addendum 1 outline the rationale for
the actions contained in this final rule. A summary of the management
measures described in Amendment 1 and Addendum 1 and implemented by
this final rule is described below.
Background
The ASMFC approved Amendment 1 to the Interstate FMP in 2019 and
Addendum 1 to Amendment 1 in 2020. Amendment 1 and Addendum 1 provide
for an increase in the commercial quota and a revision to the process
for a commercial in-season closure. This final rule serves to implement
certain measures in Federal waters contained within Amendment 1 and
Addendum 1.
In 2020, a new Southeast Data, Assessment, and Review (SEDAR)
assessment was completed for Atlantic cobia (SEDAR 58). SEDAR 58
indicated that Atlantic cobia was not overfished or undergoing
overfishing, and that the allowable harvest could be increased based on
updated commercial and recreational catch estimates. Based on the
results of the SEDAR 58 and new stock projections from February 2020,
in October of 2020, the ASFMC approved an increase to the Atlantic
cobia annual total harvest quota of 80,112 fish for the 2020-2022
fishing seasons. Through Amendment 1 and Addendum 1, the ASMFC also
adjusted the commercial and recreational allocation percentages and
changed the methodology used to close the commercial sector when the
quota is reached.
The ASMFC revised the total Atlantic cobia quota sector allocations
from 8 percent to 4 percent for the commercial harvest and from 92
percent to 96 percent for the recreational harvest, to account for
changes in the recreational catch estimates from the Marine
Recreational Information Program Fishing Effort Survey. When defining
these allocations in terms of numbers of fish, the updated allocations
would result in a commercial quota of 3,204 fish and a recreational
quota of 76,908 fish. As described in Amendment 1 and Addendum 1, using
an average commercial weight of 22.82 lb (10.35 kg), this is equivalent
to a commercial quota of 73,116 lb (33,165 kg) in round and gutted
weight, combined. In addition, the ASMFC would closely monitor
commercial landings to ensure the commercial quota is not exceeded.
Management Measures Contained in This Final Rule
This final rule modifies the commercial quota and the process for
closing the commercial sector in Federal waters when the quota is
reached.
Commercial Quota
The current Atlantic cobia commercial quota of 50,000 lb (22,680
kg) was established through the final rule to implement Amendment 1 to
the Interstate FMP (84 FR 4733, February 19, 2019). As a result of
SEDAR 58, this final rule increases the commercial quota to 73,116 lb
(33,165 kg). The ASMFC is responsible for monitoring of commercial
landings during the fishing year.
Process To Close the Commercial Sector
The current process requires an in-season closure in Federal waters
during the fishing year for the commercial sector when the quota is
reached or projected to be reached. When the NMFS Science and Research
Director estimates that the sum of commercial landings (cobia that are
sold) reaches or is projected to reach the commercial quota, then NMFS
will prohibit the sale and purchase of cobia for the remainder of that
fishing year (a commercial closure). For example, in 2020, NMFS
projected that commercial landings would reach the commercial quota on
November 6, and therefore, NMFS closed the commercial sector on
November 6, 2020, through December 31, 2020 (85 FR 70085; November 4,
2020).
This final rule retains the possibility of an in-season closure if
commercial landings reach the quota. This final rule also changes the
closure language in the current regulations regarding in-season quota
monitoring so that commercial landings will be monitored by the ASMFC
and not by NMFS. Currently, NMFS monitors the commercial quota and
closes the commercial sector when the quota is met or projected to be
met. The new process transfers quota monitoring responsibility to the
ASMFC. Because Atlantic cobia are primarily landed in state waters, the
ASFMC determined that they are better suited to monitor cobia landings
and ensure the risk of early closures is minimized. During the fishing
year, if the ASMFC estimates that the sum of commercial landings (cobia
that are sold), reaches or is projected to reach the commercial quota,
then the ASMFC would notify NMFS of the need for a
[[Page 61716]]
commercial closure of the exclusive economic zone (EEZ) and NMFS would
close the commercial sector. During any such closure, the commercial
harvest, sale, trade, barter, or purchase of Atlantic cobia would be
prohibited for the remainder of that fishing year. When considering
this increase to the commercial quota, and when compared to cobia
landings in previous fishing years, NMFS estimates that a commercial
in-season closure is still possible as a result of the commercial quota
being reached, but expects that any such closure would occur later in
the fishing year than occurred under the previous commercial quota.
NMFS may consider additional commercial and recreational regulatory
changes to be implemented through rulemaking for Atlantic cobia as
described in Amendment 1 and Addendum 1 in future rulemaking.
Comments and Responses
NMFS received nine comments from individuals and a fishery
management organization during the public comment period on the
proposed rule. NMFS acknowledges the comments in favor of the actions
in the proposed rule and agrees with them. Comments received that were
outside the scope of the proposed rule are not responded to in this
final rule. Comments that opposed the actions contained in the proposed
rule are summarized below, along with NMFS' responses.
Comment 1: The commercial quota should not be increased. The
Atlantic cobia stock is under high fishing pressure and increasing the
commercial quota would hurt the stock's recovery progress.
Response: NMFS disagrees that the commercial quota should not be
increased. In 2020, a new SEDAR assessment was completed for Atlantic
cobia. The stock assessment indicated that Atlantic cobia was not
overfished or undergoing overfishing, and that the allowable harvest
could be increased based on updated commercial and recreational catch
estimates. In response to the stock assessment, the ASFMC developed
Addendum 1 to Amendment 1 and the Interstate FMP. Addendum 1 increased
the Atlantic cobia annual total and sector harvest quotas. NMFS does
not expect increased commercial catch levels to result in negative
impacts to the Atlantic cobia stock.
Comment 2: The commercial quota should not be increased. Commercial
harvest limits are constantly increasing while the recreational sector
harvest limits keep getting reduced.
Response: NMFS disagrees that the commercial quota shouldn't be
increased when compared to recreational harvest. As a result of the
latest stock assessment, Addendum 1 increased the harvest quotas for
both the commercial and recreational sectors. Addendum 1 also changed
sector allocations from 8 percent commercial to 4 percent commercial
and from 92 percent recreational to 96 percent recreational. The
Atlantic cobia recreational sector continues to be allocated the
majority of the available total stock quota. The ASMFC made the change
to the sector allocations to account for the revised recreational catch
estimates from the Marine Recreational Information Program Fishing
Effort Survey. As a result of the updated stock assessment and changes
to the sector allocations, the recreational quota increased from 22,142
fish to 76,908 fish and the commercial quota increased from 2,191 fish
to 3,204 fish. Therefore the commercial and recreational quota
increases are based on the results of the recent assessment and the
revised sector allocations as determined by the ASMFC.
Comment 3: In response to the increased Atlantic cobia stock size,
the for-hire charter sector should be allowed to keep smaller than 36
inch (91.4 cm) fish or allow 2 fish per person, instead of increasing
the commercial quota.
Response: The actions contained in this final rule for the
commercial quota increase and revising the process for closing the
commercial sector in Federal waters are taken from the request of the
ASMFC to NMFS and contained in Amendment 1 and Addendum 1. NMFS
acknowledges that within Amendment 1 and Addendum 1, the ASMFC has
proposed additional recreational management measures for Federal waters
that include size limits and bag and vessel limits based on the
existing requirements for each state represented by the ASMFC. NMFS is
evaluating those additional management measures and may propose them in
a future rulemaking, but at this time changes to size limits and bag
and vessel limits are outside the scope of this final rule.
Classification
The NMFS Assistant Administrator has determined that this final
rule is consistent with Amendment 1 and Addendum 1, the Interstate FMP,
the Atlantic Coastal Act, the applicable provisions of the Magnuson-
Stevens Act, and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this rule would not
have a significant economic impact on a substantial number of small
entities. The factual basis for this certification was published in the
proposed rule and is not repeated here. No significant issues were
raised by public comments related to the economic impacts on small
entities, and no changes to this final rule were made in response to
public comments. As a result, a final regulatory flexibility analysis
was not required and none was prepared.
NMFS finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in the effective date for this final rule because this rule
relieves a restriction by increasing the commercial quota for Atlantic
cobia. In addition, delaying implementation of the quota increase is
contrary to the public interest. As described in Amendment 1 and
Addendum 1, the ASMFC increased the commercial quota based upon the
results of the latest stock assessment and is intended to be used in
combination with other measures to achieve optimum yield for the stock.
Not waiving the 30-day delay in the date of effectiveness of this final
rule would result in reduced opportunities for fishermen to harvest the
quota and achieve optimum yield this year, and could also result in an
early closure of the commercial fishery if the quota is not increased.
A closure in 2021 that occurred as a result of the current quota being
met, prior to the increased quota being implemented, would not be
consistent with the intent of the ASMFC and Amendment 1 and Addendum 1,
and is contrary to the public interest. Therefore, a delay in the date
of effectiveness of this final rule would diminish the social and
economic benefits this rule provides for Atlantic cobia fishermen.
List of Subjects in 50 CFR Part 697
Atlantic, Cobia, Fisheries, Fishing, South Atlantic.
Dated: November 1, 2021.
Carrie Robinson,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 697 is amended
as follows:
PART 697--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT
0
1. The authority citation for part 697 continues to read as follows:
[[Page 61717]]
Authority: 16 U.S.C. 5101 et seq.
0
2. In Sec. 697.28, revise paragraph (f)(1) to read as follows:
Sec. 697.28 Atlantic migratory group cobia.
* * * * *
(f) * * *
(1) Commercial quota. The following quota applies to persons who
fish for cobia for commercial purposes--73,116 lb (33,165 kg). If the
sum of the cobia landings that are sold, as estimated by the ASMFC,
reach or are projected to reach the quota specified in this paragraph
(f)(1), then the ASMFC will notify NMFS of the need for a commercial
closure of the EEZ. NMFS will then subsequently file a notification
with the Office of the Federal Register to prohibit (for commercial
purposes) the harvest, sale, trade, barter, or purchase of cobia for
the remainder of the fishing year.
* * * * *
[FR Doc. 2021-24172 Filed 11-5-21; 8:45 am]
BILLING CODE 3510-22-P
