Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagics Resources in the Gulf of Mexico and Atlantic Region; Amendment 32, 63958-63966 [2022-22827]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Rules and Regulations]
[Pages 63958-63966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22827]



[[Page 63958]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 221017-0217]
RIN 0648-BL19


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagics Resources in the Gulf of Mexico and Atlantic 
Region; Amendment 32

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 Amendment 32 to the Fishery Management Plan (FMP) for the 
Coastal Migratory Pelagic (CMP) Resources of the Gulf of Mexico and 
Atlantic Region (CMP FMP), as prepared and submitted by the Gulf of 
Mexico Fishery Management Council and the South Atlantic Fishery 
Management Council (Councils). This final rule and Amendment 32 revise 
the Gulf of Mexico (Gulf) migratory group of cobia (Gulf group cobia) 
catch limits, possession limit and minimum size limits, establish a 
Gulf group cobia commercial trip limit and recreational vessel limit, 
and revise the CMP FMP framework procedures. This final rule also 
clarifies the Gulf group cobia sale and purchase restrictions. The 
purpose of this final rule and Amendment 32 is to end overfishing of 
Gulf group cobia, update catch limits to be consistent with the best 
scientific information available, and revise management measures to 
help constrain landings to the catch limits.

DATES: This final rule is effective November 21, 2022.

ADDRESSES: Electronic copies of Amendment 32, which includes a fishery 
impact statement and a regulatory impact review, may be obtained from 
the Southeast Regional Office website at https://www.fisheries.noaa.gov/action/amendment-32-management-gulf-migratory-group-cobia.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, telephone: 727-824-
5305, or email: [email protected].

SUPPLEMENTARY INFORMATION: Gulf group cobia is managed under the CMP 
FMP in Federal waters from the Georgia/Florida border in the Atlantic 
to the Texas/Mexico border in the Gulf. The CMP FMP was prepared by the 
Councils and implemented through regulations at 50 CFR part 622 under 
the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act).
    On July 7, 2022, NMFS published a notice of availability for 
Amendment 32 and requested public comment (87 FR 40478; July 7, 2022). 
On July 18, 2022, NMFS published a proposed rule for Amendment 32 and 
requested public comment (87 FR 42690; July 18, 2022). The proposed 
rule and Amendment 32 outline the rationale for the actions contained 
in this final rule. A summary of the management measures described in 
Amendment 32 and implemented by this final rule is described below.
    All weights in this proposed rule are in round and eviscerated 
weight combined, unless otherwise specified.

Background

    Under the CMP FMP, the Councils jointly manage fishing for Gulf 
group cobia in Federal waters from Texas to the Florida/Georgia 
boundary. The Gulf group cobia acceptable biological catch (ABC) is 
apportioned between the Gulf zone, which spans from the Councils' 
jurisdictional boundary west of the Dry Tortugas, Florida, to the 
Texas/Mexico border, and the Florida east coast (FLEC) zone, which 
spans from the Florida/Georgia border to the Councils' jurisdictional 
boundary west of the Dry Tortugas, Florida. Under the current framework 
procedures in the CMP FMP, the Gulf of Mexico Fishery Management 
Council (Gulf Council) is responsible for specifying management 
measures for Gulf group cobia, except that the South Atlantic Fishery 
Management Council (South Atlantic Council) is responsible for 
specifying trip limits, closed seasons or areas, and gear restrictions 
in the FLEC zone.
    The current overfishing limit (OFL) and ABC are 2,660,000 lb 
(1,206,556 kg) and 2,600,000 lb (1,179,340 kg), respectively. The 
current stock annual catch limit (ACL) is equal to the ABC. These catch 
limits were established in 2015 in Amendment 20B to the CMP FMP (80 FR 
4216; January 27, 2015), and are based on the recommendations of the 
Councils' Scientific and Statistical Committees (SSCs) from the 
Southeast Data Assessment and Review (SEDAR) 28 stock assessment. The 
recreational landings estimates used in SEDAR 28 were generated using 
the Marine Recreational Information Program's (MRIP) Coastal Household 
Telephone Survey (CHTS).
    In Amendment 20B, the Councils apportioned the Gulf group cobia 
stock ABC between the Gulf zone (64 percent) and FLEC zone (36 
percent), based on average landings from 1998-2012 across both zones, 
with the ACL for each zone being set equal to the apportioned ABC. 
Recreational landings estimates during 1998-2012 were generated using 
MRIP-CHTS. In 2018, MRIP replaced the fishing effort estimates from the 
CHTS with those from the Fishing Effort Survey (FES). Total 
recreational fishing effort estimates generated from MRIP-FES are 
generally higher than MRIP-CHTS estimates, and those higher effort 
estimates necessarily increase the recreational landings estimates. 
This difference in the estimates is because MRIP-FES is designed to 
more accurately measure fishing activity. Had MRIP-FES data been 
available when the current Gulf grouper cobia OFL and ABC were 
established, the OFL would have been 4,870,000 lb (2,208,995 kg) and 
the ABC would have been 4,500,000 (2,041,166 kg).
    In 2020, the SEDAR 28 Update indicated that Gulf group cobia was 
undergoing overfishing with the biomass at reduced levels, which puts 
the stock at risk of becoming overfished. The SEDAR 28 Update included 
updated recreational landings estimates based on MRIP FES. In July 
2020, the Councils' SSCs reviewed the SEDAR 28 Update and recommended 
new OFLs and ABCs that would end overfishing of Gulf group cobia and 
allow harvest to increase over time. The SSCs' recommendation for OFL 
is 3,210,000 lb (1,456,032 kg) for 2022, and 3,310,000 lb (1,501,391 
kg) for 2023 and subsequent years. The SSCs' recommendation for ABC is 
2,600,000 lb (1,179,340 kg) for 2022, and 2,760,000 lb (1,251,915 kg) 
for 2023 and subsequent years. These recommendations represent a 
reduction in the allowable harvest when compared to the current OFL and 
ABC, as noted previously.
    The Gulf Council manages Gulf group cobia in the Gulf zone without 
sector allocations. The South Atlantic Council manages Gulf group cobia 
in the FLEC zone with sector allocations, allocating 8 percent of the 
ACL to the commercial sector and 92 percent of the ACL to the 
recreational sector. This allocation was originally established in 2012 
in Amendment 18 to the CMP FMP, when two migratory groups of cobia were 
managed under the CMP FMP: Gulf group cobia and Atlantic migratory 
group cobia (Atlantic group cobia) (76 FR 82058; December 29, 2011). 
The allocation was based on a formula that balanced historical catches 
(2000-2008) with more recent landings (2006-2008).

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The boundary between these two migratory groups was set at the 
Councils' jurisdictional boundary west of the Dry Tortugas. However, 
the SEDAR 28 (2013) assessment determined that the biological boundary 
between the Gulf and Atlantic migratory groups of cobia was the 
Florida/Georgia border. To account for this change, in Amendment 20B 
the Councils created the Gulf zone and the FLEC zone, allocating a 
portion of the Gulf group cobia ABC to each zone. In that amendment, 
the Councils also chose to keep the same sector allocations for the 
FLEC zone that were established for Atlantic group cobia in Amendment 
18 to the CMP FMP. Subsequently, the Councils removed Atlantic group 
cobia from the CMP FMP in 2018 through Amendment 31, and it is now 
managed by the Atlantic States Marine Fisheries Commission (84 FR 4733; 
February 19, 2019).
    The current stock ACT in the Gulf zone is 10 percent below the Gulf 
zone ACL. That ACT was selected to provide a buffer to the ACL, but 
result in a catch level that was no less than historic total catch from 
2000-2009. The current recreational ACT in the FLEC zone is 17 percent 
below the FLEC zone ACL and was calculated using the following formula: 
the ACL multiplied by 1 minus the greater of the proportional standard 
error (PSE) of the recreational landings estimates, or 0.5.
    The Councils established the current commercial and recreational 
possession limit for Gulf group cobia of two fish per person per day 
through Amendment 5 to the CMP FMP (55 FR 29370; July 19, 1990). This 
possession limit was extended to the FLEC zone when the Gulf group 
cobia boundary was changed. The FMP contains no commercial or 
recreational trip limit for Gulf group cobia in either zone.
    The Councils first established a minimum size limit for cobia of 33 
inches (83.8 cm), fork length, in the original CMP FMP (48 FR 5270; 
February 4, 1983) and that minimum size limit applied to both the Gulf 
zone and the FLEC zone when they were created in Amendment 20B. In 
2020, the Gulf Council revised the Gulf group cobia minimum size limit 
in the Gulf zone to 36 inches (91.4 cm) fork length, through Framework 
Amendment 7 to the CMP FMP (85 FR 10328; February 24, 2020).

Management Measures Contained in This Final Rule

    For Gulf group cobia, this final rule revises the stock and sector 
ACLs, the Gulf zone stock ACT (quota), the FLEC zone recreational ACT, 
and the possession limit and minimum size limits, and establishes a 
commercial trip limit and a recreational vessel limits. This final rule 
also clarifies the CMP sale and purchase provisions for federally 
permitted dealers.

ACLs

    The current stock ACL for Gulf group cobia is equal to the ABC of 
2,600,000 lb (1,179,340 kg) and is based on the results of SEDAR 28, 
which used data from MRIP-CHTS. Amendment 32 retains the stock ACL for 
Gulf group cobia of 2,600,000 lb (1,179,340 kg) for 2022, and increases 
the stock ACL to 2,760,000 lb (1,251,915 kg) for 2023 and subsequent 
years, which is also equal to the ABCs recommended by the Councils' 
SSCs. The SSCs' recommendations and the Councils' determinations are 
based on the results of the SEDAR 28 Update, which used data from MRIP-
FES. Thus, the revised ACLs using MRIP-FES data actually represent a 
decrease in the allowable harvest of Gulf group cobia, as discussed 
above. For example, had the current stock ACL been derived using MRIP-
FES data, the current stock ACL would have been 4,500,000 lb (2,041,166 
kg).
    The current zone apportionment of the ABC (equal to the stock ACL) 
is 64 percent to the Gulf zone and 36 percent to the FLEC zone. 
Amendment 32 and this final rule revise the zone apportionment to 63 
percent to the Gulf zone and 37 percent to the FLEC zone. This results 
in a Gulf zone ACL of 1,638,000 lb (742,984 kg) for 2022, and 1,738,000 
lb (788,343 kg) for 2023 and subsequent years. The revised FLEC zone 
ACL will be 962,000 lb (436,356 kg) for 2022, and 1,021,200 lb (463,209 
kg) for 2023 and subsequent years.
    Amendment 32 maintains the current commercial and recreational 
allocation in the FLEC zone as 8 percent and 92 percent, respectively. 
The revised commercial ACLs (quotas) are 76,960 lb (34,908 kg) for 
2022, and 81,696 lb (37,057 kg) for 2023 and subsequent years. The 
revised recreational ACLs are 885,040 lb (401,447 kg) for 2022, and 
939,504 lb (426,152 kg) for 2023 and subsequent years.

ACTs

    Amendment 32 and this final rule update the calculation for 
determining the ACTs using the Gulf Council's ACL/ACT Control Rule. 
Applying the control rule resulted in ACTs that are 10 percent less 
than the respective zone ACLs. This final rule revises the stock ACT in 
the Gulf zone to be 1,474,200 lb (668,686 kg) for 2022, and 1,564,920 
lb (709,836 kg) for 2023 and subsequent years, and revises the 
recreational ACT in the FLEC zone to be 796,536 lb (361,303 kg) for 
2022, and 845,554 lb (383,537 kg) for 2023 and subsequent years.
    There is no commercial ACT for Gulf group cobia in the FLEC zone 
and the Councils did not establish a commercial ACT in Amendment 32. 
The Councils determined that a commercial ACT was not necessary because 
the commercial sector had not exceeded its ACL in the past and the 
projections in Amendment 32 indicated that commercial harvest would not 
exceed the revised ACLs.

Possession Limit, Commercial Trip Limit, and Recreational Vessel Limit

    The current possession limit for Gulf group cobia of two fish per 
person per day applies to commercial and recreational harvest in both 
zones. This possession limit is codified at 50 CFR 622.383(b), which 
addresses limited harvest species. In Amendment 32, the Councils 
decided to reduce the Gulf group cobia possession limit to one fish per 
person. The Councils also decided to establish a commercial trip limit 
of two fish and a recreational vessel limit of two fish per trip. As 
explained in more detail in the proposed rule, the purposes of these 
changes are to reduce fishing mortality, help constrain harvest to the 
applicable catch limits and extend the fishing season, and to make the 
harvest limits in Federal waters consistent with those established by 
the state of Florida.
    This final rule implements these changes by establishing a 
recreational bag limit in 50 CFR 622.382(a) and a commercial trip limit 
in 50 CFR 622.385(c), and removing the regulations at 50 CFR 622.383. 
The recreational bag limit for Gulf group cobia will be one fish per 
person per day, not to exceed 2 fish per vessel per trip. The 
commercial trip limit for Gulf group cobia per day will be one fish per 
person and 2 fish per vessel, not to exceed 2 fish per vessel per trip. 
The commercial trip limit, and the recreational bag and vessel limits 
will apply to harvest from both the Gulf zone and FLEC zone.

Minimum Size Limits

    This final rule increases the commercial and recreational minimum 
size limits for Gulf group cobia in the FLEC zone from 33 inches (83.8 
cm) to 36 inches (91.4 cm), fork length. The current Gulf zone 
commercial and recreational minimum size limit is 36 inches (91.4 cm), 
fork length, and the Councils determined that having a consistent 
minimum size limit in both the FLEC and Gulf zones will reduce

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confusion about the regulations in Federal waters and decrease the 
burden on law enforcement, while also providing benefits to the stock.
    Increasing the minimum size limit to 36 inches (91.4 cm), fork 
length, in the FLEC zone will reduce the harvest rate across both 
sectors and reduce the total harvest. The increase in the minimum size 
limit will also increase the likelihood that sexually mature cobia are 
able to spawn more than once before being harvested, resulting in 
additional recruitment to the spawning stock over time.

Permitted Dealer Sale and Purchase

    This final rule also clarifies the sale and purchase regulations at 
50 CFR 622.386(b) and (c). The Councils and NMFS do not require a 
specific Federal permit for the commercial harvest of Gulf group cobia. 
However, because this stock is included in the CMP FMP, the regulations 
at 50 CFR 622.386(b) and (c) restrict the sale and purchase of Gulf 
group cobia by federally permitted vessels and seafood dealers. The 
regulation at 50 CFR 622.386(b) requires that Gulf group cobia 
harvested on any vessel that has a valid Federal vessel permit (i.e., 
commercial or charter vessel/headboat permit for any Federal fishery) 
be sold to a seafood dealer who has a valid Federal Gulf and South 
Atlantic dealer permit. Under 50 CFR 622.386(c), that same Federal 
dealer may purchase Gulf group cobia harvested in or from Gulf or South 
Atlantic Federal waters only from a vessel that has been issued a 
Federal CMP permit (i.e., commercial or charter vessel/headboat permit 
for king or Spanish mackerel). The dealer limitation in 50 CFR 
622.386(c) is inconsistent with the requirement in 50 CFR 622.386(b) 
for Gulf group cobia on all federally permitted vessels to be sold to a 
federally permitted dealer, as well as with the Gulf and South Atlantic 
Councils' Generic Amendment that created the Federal Gulf and South 
Atlantic dealer permit (79 FR 19490; April 9, 2014). Therefore, this 
final rule corrects the regulations in 50 CFR 622.386(c) to make the 
purchase restriction that is tied to having a Federal permit applicable 
only to king and Spanish mackerel species rather than to all CMP 
species generally. This correction will allow federally permitted 
dealers to accept Gulf group cobia harvested from the Exclusive 
Economic Zone (EEZ) from any vessel, regardless of the permit status of 
the vessel.

Management Measures in Amendment 32 Not Codified Through This Final 
Rule

OFL and ABC

    As previously explained, the current OFL and ABC for Gulf group 
cobia of 2,660,000 lb (1,206,556 kg) and 2,600,000 lb (1,179,340 kg), 
are based on the Councils' SSCs' recommendations from SEDAR 28, which 
used recreational landings estimates from MRIP-CHTS. Amendment 32 
adopts the new increasing OFLs and ABCs based on the SSCs' 
recommendations from the results of the SEDAR 28 Update, which used 
MRIP-FES recreational landings estimates. The new OFLs will be 
3,210,000 lb (1,456,032 kg) for 2022, and 3,310,000 lb (1,501,391 kg) 
for 2023 and subsequent years. The new ABCs will be 2,600,000 lb 
(1,179,340 kg) for 2022, and 2,760,000 lb (1,251,915 kg) for 2023 and 
subsequent years.

ABC Apportionment

    The current ABC apportionment for Gulf group cobia is 64 percent 
for the Gulf zone and 36 percent for the FLEC zone, respectively. 
Amendment 32 revises the Gulf group cobia ABC apportionment between the 
Gulf and FLEC zones by using the average landings from 1998-2012 across 
both zones using MRIP-FES landings for this time series. This results 
in a new apportionment of the Gulf group cobia stock ABC of 63 percent 
for the Gulf zone and 37 percent for the FLEC zone. Using the same time 
series to calculate the apportionment, but updating it by using MRIP-
FES, addresses the higher recreational landings that have occurred in 
the FLEC zone compared to the Gulf zone.

Sector Allocations

    Currently, Gulf group cobia in the Gulf zone is managed as a stock 
without separate ACLs for each sector, and the Councils did not 
reconsider this management approach in Amendment 32. The commercial and 
recreational allocation in the FLEC zone is 8 percent and 92 percent, 
respectively. Amendment 32 maintains stock management in the Gulf zone 
and maintains the current commercial and recreational allocation in the 
FLEC zone. The current FLEC zone allocation will be applied to the 
revised FLEC zone ACLs. The Councils wanted to recognize the harvest 
needs of the commercial sector in the FLEC zone by not decreasing the 
status quo catch limit of 70,000 lb (31,751 kg).

FMP Framework Procedure

    Currently, the framework procedure limits the management measures 
that the South Atlantic Council may independently propose for Gulf 
group cobia in the FLEC zone to vessel trip limits, closed seasons or 
areas, or fishing gear restrictions.
    Amendment 32 revises the framework procedures to allow the South 
Atlantic Council to independently change vessel trip limits, closed 
seasons or areas, fishing gear restrictions, per person bag and 
possession limits, size limits, in-season and post-season 
accountability measures, and specification of ACTs or sector ACTs for 
Gulf group cobia in the FLEC zone. The Councils decided that providing 
the South Atlantic Council the authority to make any of these changes 
through a framework process will allow the South Atlantic Council to 
respond quickly to new information. The Councils determined this change 
would result in beneficial biological, socio-economic, and 
administrative impacts.
    Amendment 32 also clarifies language in the CMP FMP framework 
procedure by removing reference to Atlantic group cobia, which was 
removed from management by the Councils through Amendment 31 to the CMP 
FMP (84 FR 4733; February 19, 2019), and changes the language referring 
to the ABC/ACL Control Rule because there is no ABC/ACL Control Rule. 
Instead, this language should refer to the ABC and ACL/ACT Control 
Rules.

Comments and Reponses

    NMFS received four comments on the notice of availability for 
Amendment 32. No comments were received on the proposed rule. In 
general, the comments supported the proposed measures to end 
overfishing of Gulf group cobia. Some comments suggested changes to 
management measures that are outside the scope of the Amendment 32 and 
the proposed rule, such as a prohibition on commercial harvest and 
closure during the spawning season. These comments are not addressed 
further. Specific comments related to Amendment 32 and the proposed 
rule are grouped by topic and summarized below, followed by NMFS' 
respective responses.
    Comment 1: Two comments addressed the proposed recreational vessel 
limit of two fish per trip. One comment suggested that the vessel limit 
should be one fish for the first year after implementation of the final 
rule and another comment recommended that the vessel limit should 
instead be four fish.
    Response: NMFS disagrees that the vessel limit should be further 
reduced

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for the first year after implementation of the final rule or set at 
four fish per vessel. The Councils considered three alternatives for a 
recreational vessel limit: two fish, four fish, and six fish. The 
Councils did not consider reducing the vessel limit to one fish. 
Analysis in Amendment 32 showed that most recreational trips harvest 
only one cobia per vessel and less than five percent of recreational 
trips harvest four cobia per vessel. The two fish per vessel limit 
would allow two separate anglers to harvest fish on a trip and also 
extend the recreational fishing season. Importantly, the two fish 
vessel limit is consistent with those established by the state of 
Florida, which will aid with compliance and enforcement.
    Comment 2: The FLEC zone commercial and recreational minimum size 
limits should remain at 33 inches (83.8 cm), fork length.
    Response: NMFS disagrees that the minimum size limits should remain 
at 33 inches (83.8 cm), fork length, in the FLEC zone. Regardless of 
the size limit, fishermen will need to measure and determine whether a 
fish they catch meets the minimum size limit. Further, analysis in 
Amendment 32 indicated that increasing the minimum size limits for the 
FLEC zone from 33 inches (83.8 cm), fork length, to 36 inches (91.3 
cm), fork length, in conjunction with the vessel limit would reduce the 
rate of harvest in the FLEC zone enough to constrain landings to the 
reduced catch limits that are necessary to end overfishing. 
Additionally, having the same regulations within both zones and for 
both sectors will reduce the complexity of complying with the 
regulations.

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this final rule is 
consistent with Amendment 32, the CMP FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    A final regulatory flexibility analysis (FRFA) was prepared. The 
FRFA incorporates the initial regulatory flexibility analysis (IRFA), a 
summary of the significant issues raised by the public comments in 
response to the IRFA, and NMFS responses to those comments, and a 
summary of the analyses completed to support the action. A copy of this 
analysis is available from NMFS (see ADDRESSES). A summary of the FRFA 
follows.
    The Magnuson-Stevens Act provides the statutory basis for 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.
    No public comments were received specifically in response to the 
IRFA, nor were there any public comments received that related to 
socio-economic implications and potential impacts on small entities. 
General issues raised in public comments are addressed in the Comments 
and Responses section of this final rule. No changes to this final rule 
were made in response to these public comments. No comments were 
received from the Office of Advocacy for the Small Business 
Administration (SBA).
    This final rule will apply to all commercial vessels, charter 
vessels and headboats (for-hire vessels), and recreational anglers that 
fish for or harvest cobia in either the FLEC zone or 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 bag 
limit in Federal waters and who do not subsequently sell these fish are 
considered to be recreational anglers. Recreational anglers are not 
considered small entities under the Regulatory Flexibility Act (RFA), 
so they are outside the scope of this analysis (5 U.S.C. 603). Small 
entities include small businesses, small organizations, and small 
governmental jurisdictions (5 U.S.C. 601(6) and 601(3)-(5)). 
Recreational anglers are not businesses, organizations, or governmental 
jurisdictions. A component of this final rule will also apply to 
Federally-permitted dealers that purchase Gulf cobia.
    For-hire vessels sell fishing services to recreational anglers. The 
changes to the CMP FMP implemented by 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 fall outside the scope of 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.
    In summary, businesses that engage in commercial fishing (i.e., 
those that sell their harvests of Gulf cobia, including some for-hire 
businesses), as well as seafood dealers that purchase Gulf cobia, are 
the only small entities that will be directly affected by the final 
rule, and therefore only the impacts on these small entities will be 
discussed.
    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 2015 through 2019, there were 261 
federally-permitted commercial vessels with reported landings of cobia 
in the Gulf zone. Their average annual vessel-level gross revenue from 
all species for 2015 through 2019 was approximately $195,000 (2019 
dollars) and cobia harvested from the Gulf zone accounted for less than 
one percent of this revenue. During the same time period, 248 
federally-permitted commercial vessels reported landings of cobia in 
the FLEC zone. Their average annual vessel-level revenue from all 
species for 2015 through 2019 was approximately $46,000 (2019 dollars) 
and cobia harvested from the FLEC zone accounted for approximately one 
percent of this revenue. The maximum annual revenue from all species 
reported by a single one of the vessels that harvested Gulf cobia from 
2015 through 2019 was approximately $2.27 million (2019 dollars).
    For anglers to fish for or possess CMP species in or from the Gulf 
EEZ on for-hire vessels, those vessels are required to have a Federal 
limited access Gulf Charter Vessel/Headboat for Coastal Migratory 
Pelagics permit (Gulf CMP for-hire permit). On September 3, 2021, there 
were 1,301 valid (non-expired) or renewable Gulf CMP for-hire permits 
and 4 valid or renewable Gulf CMP historical captain for-hire permits. 
For anglers to fish for or possess CMP species in or from the Mid-
Atlantic or South Atlantic EEZ on for-hire vessels, those vessels are 
required to have a Federal open access South Atlantic Charter Vessel/
Headboat for Coastal Migratory Pelagics permit (South Atlantic CMP for-
hire permit). On September 3, 2021, there were 1,825 valid South 
Atlantic CMP for-hire permits. Although the for-hire permit application 
collects information on the primary method of operation, the permit 
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 required to submit harvest

[[Page 63962]]

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 March 9, 2021, 69 Gulf headboats were registered 
in the SRHS. There were 39 Atlantic headboats registered in the SRHS 
that may operate in the FLEC zone, as well. As a result, of the 1,305 
vessels with Gulf CMP for-hire permits (including historical captain 
permits), up to 69 may primarily operate as headboats and the remainder 
as charter vessels. Of the 1,825 vessels with South Atlantic CMP for-
hire permits, up to 39 may primarily operate as headboats.
    The average charter vessel operating in the Gulf is estimated to 
receive approximately $90,000 (2019 dollars) in gross revenue and 
$27,000 in net income (gross revenue minus variable and fixed costs) 
annually. The average Gulf headboat is estimated to receive 
approximately $272,000 (2019 dollars) in gross revenue and $79,000 in 
net income annually. The average charter vessel operating in the South 
Atlantic is estimated to receive approximately $125,000 (2019 dollars) 
in annual gross revenue. The average South Atlantic headboat is 
expected to receive approximately $222,000 (2019 dollars) in annual 
gross revenue. Estimates of annual net income for South Atlantic 
charter vessels and headboats are not available.
    As of July 12, 2021, there were 373 entities with a Federal Gulf 
and South Atlantic Dealer permit. The number of these seafood dealers 
that will be directly affected by this final rule is unknown; 
therefore, this number may be considered an upper bound estimate.
    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 (North American Industry Classification 
System [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 directly regulated 
by this final rule are believed to be small entities based on the NMFS 
size standard.
    The SBA has established size standards for all major industry 
sectors in the U.S. including for-hire businesses (NAICS code 487210) 
and seafood dealers/wholesalers (NAICS code 424460). A business 
primarily involved in the for-hire 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 has 
combined annual receipts not in excess of $8 million for all its 
affiliated operations worldwide. All of the for-hire vessels directly 
regulated by this final rule are believed to be small entities based on 
the SBA size criteria. A business that primarily operates as a seafood 
dealer/wholesaler 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 
employment not in excess of 100 employees for all its affiliated 
operations worldwide. Employment data for the dealers directly 
regulated by this final rule are not available; however, NMFS 
conservatively assumes a substantial number of these dealers are small 
entities based on the SBA size criteria.
    No other small entities that will be directly affected by this 
final rule have been identified.
    This final rule will modify the Gulf cobia stock ACL based on the 
recommendations of the Councils' SSCs, as presented in July 2020. The 
stock ACL will be set equal to the stock ABC or 2,600,000 lb (1,179,340 
kg) in 2022 and then increase to 2,760,000 lb (1,251,915 kg) in 2023 
and thereafter. These new ACLs are not directly comparable to the 
status quo ACL of 2,600,000 lb (1,179,340 kg), because the status quo 
ACL is based on MRIP-CHTS data for the recreational sector; whereas, 
the new ACLs are based on MRIP-FES data. When converted to an MRIP-FES 
equivalent value, however, the status quo ACL is estimated to be 
approximately 4,500,000 lb (2,041,166 kg). Although this final rule is 
expected to result in a 42 percent to 39 percent reduction in the stock 
ACL relative to the MRIP-FES equivalent status quo ACL, these 
differences do not represent differences between status quo harvest 
opportunities and expected future harvests. That is because the stock 
ACL is sub-divided into zone and sector specific ACLs, and those sub-
ACLs dictate fishing opportunities. Also, based on historical landings 
information, the stock ACL has been underutilized in the past, and 
therefore, a reduction in the ACL may not impact harvests in the short 
term. Additionally, because the Gulf zone ACL is shared by the 
commercial and recreational sectors, and given the change from MRIP-
CHTS to MRIP-FES, the portion of the Gulf zone ACL that will be 
harvested by each sector is unclear. Therefore, economic effects that 
will result from these ACL changes cannot be quantified.
    This final rule will also modify the Gulf cobia stock ACL 
apportionment to be 63 percent for the Gulf zone and 37 percent for the 
FLEC zone, based on the MRIP-FES average landings for Gulf cobia for 
the years 1998 through 2012, and use this apportionment to update the 
zone ACLs based on the Gulf cobia stock ACL described above. This 
translates into an ACL for the Gulf zone of 1,638,000 lb (742,984 kg) 
in 2022 and 1,738,800 lb (788,706 kg) in 2023 and subsequent years. For 
the FLEC zone, the ACL will be 962,000 lb (436,356 kg) in 2022 and 
1,021,200 lb (463,209 kg) in 2023 and subsequent years. These changes 
to the stock ACL apportionment will result in a benefit transfer from 
the Gulf zone to the FLEC zone, by allocating one percent more of the 
Gulf cobia stock ACL to the FLEC zone as compared to the status quo 
allocation. Because the new zone ACLs are not directly comparable to 
the status quo zone ACLs, due to the change from MRIP-CHTS to MRIP-FES, 
and because there is a single stock ACL for the Gulf zone, with no 
sector sub-ACLs, the economic effects of this reallocation to the 
commercial sector and the for-hire component of the recreational sector 
cannot be quantified.
    Additionally, this final rule will retain the FLEC zone cobia ACL 
sector allocation of 8 percent to the commercial sector and 92 percent 
to the recreational sector and update the sector ACLs accordingly. This 
will result in a FLEC zone commercial ACL of 76,960 lb (34,908 kg) in 
2022 and 81,696 lb (37,057 kg) in 2023 and subsequent years. Relative 
to the status quo FLEC zone commercial ACL of 70,000 lb (31,751 kg), 
this is an increase of 6,960 lb (3,157 kg) in 2022 and 11,696 lb (5,305 
kg) in 2023 and subsequent years. The commercial sector (including for-
hire vessels that sell their catch) is not expected to harvest the new 
ACL in full in the short-term, based on the annual average commercial 
cobia landings for the FLEC zone from 2015 through 2019. However, 
harvest of the full FLEC zone ACL in the future would result in an 
increase in estimated ex-vessel value of $25,600 to $43,000 (2019 
dollars) relative to the status quo. Divided by the number of 
commercial vessels from 2015 through 2019 with reported FLEC zone cobia 
landings, this would translate to an increase in ex-vessel revenue of 
$103 to $173 dollars per vessel (less than one percent of average 
annual per vessel revenue).

[[Page 63963]]

    This final rule will use the Gulf Council's ACL/ACT Control Rule to 
calculate ACTs for the Gulf zone and the recreational sector in the 
FLEC zone, setting each ACT at 10 percent below their respective zone 
ACLs. The Gulf zone stock ACT, which is shared by the commercial and 
recreational sectors, will be 1,474,200 lb (668,686 kg) in 2022 and 
1,564,920 lb (709,836 kg) in 2023 and subsequent years. In the Gulf 
zone, the switch from a constant ACT to an ACT calculated using the 
Gulf's control rule will result in the same buffer between the ACL and 
the ACT of 10 percent. Therefore, this change to the method used for 
setting the ACT will not affect Gulf commercial cobia fishing practices 
or harvests in the Gulf zone and will not result in economic effects. 
The FLEC zone currently has no commercial sector ACT.
    This final rule will also reduce the daily possession limit for 
cobia in the Gulf zone, for both recreational and commercial sectors, 
to one fish per person. This commercial limit will be codified as a 
commercial trip limit and the recreational limit as a recreational bag 
limit. NMFS expects these changes to reduce commercial Gulf zone cobia 
landings by 51 lb (23 kg) in total each year. The associated loss in 
aggregate ex-vessel revenue expected to result from this reduction is 
estimated at $188 (2019 dollars). This final rule will also create a 
recreational vessel limit of two fish per trip and a commercial trip 
limit of two fish per trip, noting that fishermen may not exceed the 
per person daily possession limit. NMFS expects these changes to reduce 
commercial landings by 1,295 lb (587 kg). The associated loss in ex-
vessel revenue is estimated at $4,793 (2019 dollars) or approximately 
$18 per vessel per year, on average. It is not possible to quantify the 
direct economic effects of these changes on for-hire fishing vessels 
because data that describe commercial cobia landings on for-hire 
vessels are not available; however, the new commercial daily possession 
limit and commercial trip limit may reduce their opportunity to sell 
cobia.
    Moreover, this final rule will reduce the daily possession limit 
for cobia in the FLEC zone, for both commercial and recreational 
sectors, to one fish per person. NMFS expects these changes to reduce 
total commercial FLEC zone cobia landings by 6,127 lb (2,779 kg). The 
associated loss in ex-vessel revenue is estimated at $25,857 (2019 
dollars) or approximately $104 per vessel per year, on average. This 
final rule will also create a recreational vessel limit of two fish per 
trip and a commercial vessel trip limit of two fish per trip, noting 
that fishermen may not exceed the per person daily possession limit. 
NMFS expects these changes to reduce total commercial landings by 3,939 
lb (1,787 kg). The associated loss in ex-vessel revenue is estimated at 
$16,622 (2019 dollars) or approximately $67 per vessel per year, on 
average. It is not possible to quantify the direct economic effects of 
these changes on for-hire fishing vessels due to data limitations 
described earlier; however, the new commercial daily possession limit 
and commercial trip limit may reduce their opportunity to sell cobia.
    This final rule will retain the current minimum size limit of 36 
inches, fork length, in the Gulf zone and increase the minimum size 
limit from 33 inches fork length to 36 inches fork length in the FLEC 
zone. NMFS expects this change to reduce commercial landings in the 
FLEC zone by 11,904 lb (5,400 kg). The associated loss in ex-vessel 
revenue is estimated to be $50,237 (2019 dollars) or approximately $203 
per vessel per year, on average (less than one percent of average 
annual per vessel revenue). It is not possible to quantify the direct 
economic effects of the change in the minimum size limit on for-hire 
fishing vessels due to data limitations described earlier; however, it 
may reduce their opportunity to sell cobia.
    Finally, this final rule will modify the framework procedure to 
update the responsibilities of each Council for setting regulations for 
Gulf cobia. Specifically, it will expand the South Atlantic Council's 
responsibilities for Gulf cobia in the FLEC zone to include: per person 
bag and possession limits, size limits, in-season and post-season 
accountability measures, and specification of ACTs or sector ACTs. The 
South Atlantic Council will now be able to independently approve 
framework actions pertaining to these specific management measures for 
the FLEC zone for Gulf cobia. Two additional corrections are being 
included to the framework procedure via this final rule. Atlantic group 
cobia was removed from the CMP FMP through the final rule implementing 
Amendment 31. However, the CMP framework procedure was not updated at 
that time to remove reference to Atlantic group cobia. In addition, the 
CMP framework language referencing the ABC/ACL Control Rule is 
incorrect because it lacks an ABC/ACL control rule. Instead, the CMP 
framework language should refer to the ABC and ACL/ACT Control Rules. 
The Councils are making these corrections through this final rule. The 
changes to the CMP framework are administrative in nature and will not 
have direct economic effects on any small entities.
    The following discussion describes the alternatives that were not 
selected as preferred by the Councils.
    Three alternatives were considered for the action to modify the 
Gulf cobia OFL, ABC, and ACL. The first alternative, the no action 
alternative, would maintain the current reference points (OFL and ABC) 
and the stock ACL for Gulf group cobia. The no-action alternative would 
not be expected to change fishing practices or commercial harvests of 
Gulf cobia, nor result in economic effects. This alternative was not 
selected by the Councils because it would be inconsistent with the 
SSCs' latest catch limit recommendations and the transition to MRIP-
FES, and therefore, would not be based on the best scientific 
information available. The second alternative is the preferred 
alternative. The third alternative would modify the Gulf cobia stock 
OFL, ABC, and ACL as a constant catch value for 2021 and subsequent 
fishing years or until changed by a future management action. The stock 
ACL would be set equal to the stock ABC or 2,340,000 lb (1,061,406 kg) 
for 2021 and thereafter. This would be 260,000 lb (117,934 kg) less 
than the preferred alternative in 2022 and 420,000 lb (190,509 kg) less 
than the preferred alternative for 2023 and subsequent years. 
Therefore, this alternative would be expected to provide fewer 
commercial fishing opportunities and lower economic benefits in the 
long term as compared to the preferred alternative. This alternative 
was not selected by the Councils because they determined that it was 
unnecessary to prevent overfishing and would unnecessarily limit future 
harvest levels and associated economic benefits for the commercial and 
recreational sectors.
    Four alternatives were considered for the action to modify the Gulf 
cobia stock apportionment between the Gulf zone and the FLEC zone. The 
first alternative, the no action alternative, would retain the current 
Gulf cobia stock ACL apportionment of 64 percent to the Gulf zone and 
36 percent to the FLEC zone based on MRIP-CHTS average landings for 
Gulf cobia for the years 1998-2012. The first alternative was not 
selected by the Councils. It would not align with the SSCs' OFL and ABC 
recommendations based on the SEDAR 28 Update assessment to monitor 
recreational catch and effort in MRIP-FES data currency (SEDAR 28 
Update 2020), nor would the calculation use FLEC zone cobia-specific 
landings. The second alternative would retain the Gulf cobia stock ACL 
apportionment between the

[[Page 63964]]

zones at 64 percent to the Gulf zone and 36 percent to the FLEC zone, 
and use this apportionment to update both zone ACLs in MRIP-FES units. 
This alternative was not selected by the Councils because it fails to 
account for the effects of the change in recreational data reporting on 
historical landings during the time series used to set the current 
allocation (1998-2012). The third alternative is the preferred 
alternative. The fourth alternative would modify the Gulf cobia stock 
ACL apportionment to be 59 percent to the Gulf zone and 41 percent to 
the FLEC zone, based on the MRIP-FES average landings for Gulf cobia 
for the years 2003-2019, and use this apportionment to update the zone 
ACLs. This would result in a 4 percent lesser allocation percentage to 
the Gulf zone relative to the preferred alternative. The Councils did 
not select this alternative because the landings during the latter 
years in the time series may be biased by recent changes in the 
management of Gulf cobia.
    Four alternatives were considered for the action to modify the FLEC 
zone cobia allocation between the commercial and recreational sectors. 
The first alternative, the no action alternative, would retain the FLEC 
zone cobia ACL allocation of 8 percent to the commercial sector and 92 
percent to the recreational sector based on the South Atlantic 
Council's allocation formula for Atlantic group cobia based on MRIP-
CHTS landings, which balanced historical catches (2000-2008) with more 
recent landings (2006-2008). The first alternative was not selected by 
the Councils. It would not align with the SSCs' OFL and ABC 
recommendations based on the SEDAR 28 Update assessment to monitor 
recreational catch and effort in MRIP-FES data currency (SEDAR 28 
Update 2020). The second alternative would modify the FLEC zone cobia 
ACL allocation to be 5 percent to the commercial sector and 95 percent 
to the recreational sector based on the South Atlantic Council's 
allocation formula for Atlantic group cobia applied to historic MRIP-
FES data for FLEC zone cobia specific landings. This formula balanced 
historical catches landings (2000-2008) with more recent landings 
(2006-2008). This alternative would result in a FLEC zone commercial 
ACL of 48,100 lb (21,818 kg) in 2022 and 51,060 lb (23,160 kg) in 2023 
and subsequent years based on the preferred alternative in the first 
action for an increasing catch yield stream. Relative to the preferred 
alternative this would be a decrease in the FLEC zone commercial ACL of 
28,860 lb (13,091 kg) in 2022 and 30,636 lb (13,896 kg) in 2023 and 
subsequent years. If the commercial ACL constrains harvest in the 
future, this would represent a potential loss in ex-vessel revenue of 
$121,789 to $129,284 (2019 dollars); or, approximately $491 to $521 per 
vessel per year, on average. The Councils did not select this 
alternative because they did not want to decrease the commercial sector 
ACL. The third alternative is the preferred alternative. The fourth 
alternative would modify the FLEC zone cobia ACL allocations to be 
calculated based on maintaining the current commercial ACL (i.e., 
70,000 lb [31,751 kg]) beginning in the 2021 fishing year and 
allocating the remaining revised total ACL to the recreational sector. 
The allocation percentages for 2021 would then be applied to the FLEC 
zone cobia ACL in years following 2021. This alternative would result 
in a FLEC zone commercial ACL of 77,778 lb (35,280 kg) in 2022 and 
82,564 lb (37,450 kg) in 2023 and subsequent years. Relative to the 
preferred alternative this would be an increase in the FLEC zone 
commercial ACL of 818 lb (371 kg) in 2022 and 868 lb (394 kg) in 2023 
and subsequent years. If the commercial ACL constrains harvest in the 
future, this would represent a potential increase in aggregate ex-
vessel revenue of $3,452 to $3,663 (2019 dollars); or, approximately 
$15 per vessel per year, on average. This alternative was not selected 
by the Councils because they believed it was a more complicated 
approach to achieving the same goal as the preferred alternative (no 
reduction in the commercial ACL), the benefits to the commercial sector 
would be minimal, and it would potentially create confusion for fishery 
stakeholders when revisiting sector allocations in the future.
    Three alternatives were considered for the action to update and/or 
establish ACTs for the Gulf group cobia zones. The first alternative, 
the no action alternative, would maintain the current formula for 
setting the Gulf cobia ACTs in the Gulf zone and FLEC zone. Under this 
alternative the Gulf zone ACT would be set at 90 percent of the Gulf 
zone ACL and the FLEC zone ACT would be set at the FLEC zone ACL 
multiplied by ((1- PSE of the FLEC zone recreational landings) or 0.5, 
whichever is greater). This alternative would result in the same ACT 
buffer for the Gulf zone of 10 percent relative to the preferred 
alternative. However, the FLEC zone recreational sector would retain a 
17 percent ACT buffer. This alternative was not selected by the 
Councils because they wanted a consistent method for setting ACTs in 
each zone. The second alternative is the preferred alternative. The 
third alternative would establish an ACT for the commercial sector in 
the FLEC zone using the Gulf Council's ACL/ACT Control Rule. Relative 
to the preferred alternative, this alternative has the potential to 
reduce commercial fishing opportunities for FLEC zone cobia, as this 
sector has not historically had an ACT. Therefore, it would be expected 
to result in greater associated economic losses to commercial fishing 
businesses over the long term. This alternative was not selected by the 
Councils because the commercial quota monitoring system is effective 
and there is low risk of overages for the FLEC zone commercial sector.
    Four alternatives were considered for the action to modify the 
possession, vessel, and trip limits for cobia in the Gulf zone. The 
first alternative, the no action alternative, would retain the current 
commercial and recreational daily possession limit of two fish per 
person and would not implement a vessel or trip limit. Therefore, this 
alternative would not be expected to result in economic effects to 
small entities. This alternative was not selected by the Councils 
because it would forgo biological benefits to the stock afforded by 
reduced fishing pressure. The second alternative is the preferred 
alternative and contains two preferred options that apply to both the 
recreational sector and the commercial sector, respectively. The third 
alternative, which was also selected as preferred, will create a 
recreational vessel limit; however, fishermen will not be allowed to 
exceed the per person daily possession limit. The third alternative 
contained three options. The first option was selected as preferred, 
which sets the recreational vessel limit at two fish per vessel per 
trip. The second and third options would set the vessel limit per trip 
at four fish and six fish, respectively. Changes to the recreational 
vessel limit would not have a direct economic effect on any small 
entities. The fourth and final alternative for this action, also 
selected as preferred, will set a commercial trip limit; however, 
fishermen will not be allowed to exceed the per person daily possession 
limit. The fourth alternative also contained three options. The first 
option was selected as preferred, which sets the commercial trip limit 
at two fish per trip. The second and third options would set the trip 
limit at four fish and six fish, respectively. Relative to the 
preferred option, these would be expected to result in commercial cobia 
landings that are 926 to 1,296 lb (420 to

[[Page 63965]]

588 kg) greater. These additional landings would be worth an estimated 
$3,426 to $4,795 (2019 dollars) or less than $19 in ex-vessel revenue 
per vessel per year, on average. The Councils did not select the second 
and third options because they would be inconsistent with harvest 
limits in Florida state waters in the Gulf and, therefore, would not 
aid with compliance and enforcement.
    Four alternatives were considered for the action to modify the 
possession, vessel, and trip limits for cobia in the FLEC zone. The 
first alternative, the no action alternative, would retain the current 
recreational and commercial daily possession limit of two fish per 
person in the FLEC zone, and would not implement a vessel or trip 
limit. Therefore, this alternative would not be expected to result in 
economic effects to small entities. This alternative was not selected 
by the Councils because it would forgo biological benefits to the stock 
afforded by reduced fishing pressure as well as a potentially longer 
recreational season. The second alternative is the preferred 
alternative and contains two preferred options that apply to both the 
recreational sector and the commercial sector, respectively. The third 
alternative, which was also selected as preferred, will create a 
recreational vessel limit; however, fishermen will not be allowed to 
exceed the per person daily possession limit. The third alternative 
contained three options. The first option was selected as preferred, 
which sets the recreational vessel limit at two fish per vessel per 
trip. The second and third options would set the vessel limit per trip 
at four fish and six fish, respectively. Changes to the recreational 
vessel limit would not have a direct economic effect on any small 
entities. The fourth and final alternative for this action, also 
selected as preferred, will set a commercial vessel trip limit; 
however, fishermen will not be allowed to exceed the per person daily 
possession limit. The fourth alternative also contained three options. 
The first option was selected as preferred, which sets the commercial 
vessel trip limit at two fish per trip. The second and third options 
would set the commercial vessel trip limit at four fish and six fish, 
respectively. Relative to the preferred option, these would be expected 
to result in commercial cobia landings that are 2,626 lb (1,191 kg) 
greater. These additional landings would be worth an estimated $11,082 
(2019 dollars) or approximately $45 in ex-vessel revenue per vessel per 
year, on average. The Councils did not select the second and third 
options because they wanted to be consistent with the commercial trip 
limit proposed for the Gulf zone.
    Four alternatives were considered for the action to modify the Gulf 
cobia minimum size limit. The first alternative, the no action 
alternative, would retain the current commercial and recreational 
minimum size limit of 36 inches (94.1 cm), fork length, in the Gulf 
zone and 33 inches (83.8 cm), fork length, in the FLEC zone. This would 
not be expected to result in economic effects on any small entities. 
The first alternative was not selected by the Councils, because they 
believed an increased minimum size limit in the FLEC zone would benefit 
the stock by allowing for a greater proportion of the stock to become 
sexually mature prior to being harvested. They also wanted consistent 
cobia size limits in Federal waters. The second alternative is the 
preferred alternative. The third alternative would increase the 
commercial and recreational minimum size limit to 39 inches (99.1 cm), 
fork length. The third alternative contained two options that would 
apply the 39 inch (99.1 cm) minimum size limit to the Gulf zone and the 
FLEC zone, respectively. Increasing the minimum size limit to 39 inches 
(99.1 cm), fork length, from 36 inches (94.1 cm), fork length, in the 
Gulf zone would be expected to result in a loss of 9,618 lb (4,363 kg) 
and $35,586 (2019 dollars) in ex-vessel revenue ($136 per vessel per 
year, on average). In the FLEC zone, a minimum size limit of 39 inches 
(99.1 cm), fork length, would lead to a loss in landings that is 9,498 
lb (4,308 kg) greater than what is expected under the preferred 
alternative. This would translate into an additional $40,078 (2019 
dollars) reduction in ex-vessel revenue or $162 per vessel per year, on 
average, relative to the preferred alternative. The fourth and final 
alternative for this action would increase the commercial and 
recreational minimum size limit to 42 inches (106.7 cm), fork length. 
The fourth alternative contained two options that would apply the 42 
inch (106.7 cm) minimum size limit to the Gulf zone and the FLEC zone, 
respectively. Increasing the minimum size limit to 42 inches (106.7 
cm), fork length, would be expected to result in a loss of 19,287 lb 
(8,748 kg) and $71,361 (2019 dollars) in ex-vessel revenue ($273 per 
vessel per year, on average) in the Gulf zone. In the FLEC zone, a 
minimum size limit of 42 inches (106.7 cm), fork length, would lead to 
a loss in landings that is 14,487 lb (6,571 kg) greater than what is 
expected under the preferred alternative. This would translate into an 
additional $61,133 reduction in ex-vessel revenue or $247 per vessel 
per year, on average, relative to the preferred alternative. The 
Councils did not select the third or fourth alternative and two options 
for each of those two alternatives because they would indirectly drive 
fishing efforts to target more fecund female cobia, which may have a 
negative effect on the spawning stock biomass and could result in 
shorter fishing seasons due to heavier fish being landed.
    Finally, two alternatives were considered for the action to modify 
the framework procedure. The first alternative, the no action 
alternative, would not make any changes to the framework procedure and 
thus would not have any economic effects on any small entities. It was 
not selected by the Councils because it would forgo the biological, 
social, and economic benefits of allowing the South Atlantic Council to 
react quicker and be more responsive to updated scientific information 
or changes in fishing harvest for FLEC zone cobia. The second 
alternative is the preferred alternative.
    An additional item is contained in this final rule that is not 
included in Amendment 32, namely a revision to the language in 50 CFR 
622.386(c). This revision will allow federally-permitted dealers to 
purchase cobia harvested in or from the Gulf or South Atlantic EEZ from 
any vessel, regardless of whether the vessel has been issued a Federal 
commercial vessel permit or a Federal charter vessel/headboat permit. 
It is unclear how many vessels and dealers will be impacted by this 
change; however, NMFS expects the direct economic effects to be 
positive because this change will expand the opportunity for federally 
and non-federally permitted vessels, and federally-permitted dealers to 
sell or buy Gulf cobia, respectively.
    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. Copies of this final rule 
are available from the Southeast Regional Office, and the guide, i.e., 
fishery bulletin, will be sent

[[Page 63966]]

to all known industry contacts in the CMP Fishery and be posted at 
https://www.fisheries.noaa.gov/tags/small-entity-compliance-guide?title=&field_species_vocab_target_id=&field_region_vocab_target_id%5B1000001121%5D=1000001121&sort_by=created. The guide and this final 
rule will be available upon request.
    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. This final 
rule contains no information collection requirements under the 
Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 622

    Annual catch limits, Bag and possession limits, Cobia, Fisheries, 
Fishing, Gulf of Mexico, Trip limits.

    Dated: October 17, 2022.
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)(ii) to read as follows:


Sec.  622.380  Size limits.

* * * * *
    (a) * * *
    (1) * * *
    (ii) Florida east coast zone. 36 inches (91.4 cm), fork length.
* * * * *

0
3. In Sec.  622.382, add paragraph (b) to read as follows:


Sec.  622.382  Bag and possession limits.

* * * * *
    (b) Gulf migratory group cobia--(1) Bag limits. The following 
applies to persons who fish for cobia in the Gulf zone or Florida east 
coast zone, and do not sell their catch.
    (i) One fish per person per day, not to exceed 2 fish per vessel 
per trip.
    (ii) [Reserved]
    (2) [Reserved]


Sec.  622.383  [Removed and Reserved]

0
4. Remove and reserve Sec.  622.383.

0
5. In Sec.  622.384, revise paragraphs (d)(1) and (e)(2) to read as 
follows:


Sec.  622.384  Quotas.

* * * * *
    (d) * * *
    (1) Gulf migratory group--(i) Gulf zone. For the 2022 fishing year, 
the stock quota is 1,474,200 lb (668,686 kg). For the 2023 fishing year 
and subsequent fishing years, the stock quota is 1,564,920 lb (709,836 
kg).
    (ii) Florida east coast zone. The following quotas apply to persons 
who fish for cobia and sell their catch. For the 2022 fishing year the 
quota is 76,960 lb (34,908 kg). For the 2023 fishing year and 
subsequent fishing years the quota is 81,696 lb (37,057 kg).
* * * * *
    (e) * * *
    (2) The sale or purchase of king mackerel, Spanish mackerel, or 
cobia of the closed species, migratory group, zone, or gear type is 
prohibited, including any king or Spanish mackerel taken under the bag 
and possession limits specified in Sec.  622.382(a), or cobia taken 
under the bag and possession limits specified in Sec.  622.382(b). The 
prohibition on the sale or purchase during a closure for coastal 
migratory pelagic fish does not apply to coastal migratory pelagic fish 
that were harvested, landed ashore, and sold prior to the effective 
date of the closure and were held in cold storage by a dealer or 
processor.

0
6. In Sec.  622.385, add paragraph (c) to read as follows:


Sec.  622.385  Commercial trip limits.

* * * * *
    (c) Cobia. (1) [Reserved]
    (2) Gulf migratory group. The following trip limit applies to 
persons who fish for cobia and sell their catch.
    (i) Gulf zone and Florida east coast zone. Cobia in or from the EEZ 
may be possessed or landed in amounts not exceeding 1 fish per person 
and 2 fish per vessel.
    (ii) [Reserved]

0
7. In Sec.  622.386, revise paragraph (c) to read as follows:


Sec.  622.386  Restrictions on sale/purchase.

* * * * *
    (c) Dealer receipt of fish. King or Spanish mackerel harvested in 
or from the Gulf, Mid-Atlantic, or South Atlantic EEZ may be first 
received by a dealer who has a valid Federal Gulf and South Atlantic 
dealer permit, as required under Sec.  622.370(c)(1), only from a 
vessel that has a valid Federal commercial vessel permit for king or 
Spanish mackerel, as required under Sec.  622.370(a), or a valid 
Federal charter vessel/headboat permit for coastal migratory pelagic 
fish, as required under Sec.  622.370(b).
* * * * *

0
8. In Sec.  622.388, revise paragraph (e)(1)(ii), (e)(2)(ii)(A), and 
(e)(2)(iii) to read as follows:


Sec.  622.388  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

* * * * *
    (e) * * *
    (1) * * *
    (ii) The stock ACLs for Gulf migratory group cobia in the Gulf zone 
are 1,638,000 lb (742,984 kg) for 2022, and 1,738,800 lb (788,706 kg) 
for 2023 and subsequent fishing years.
    (2) * * *
    (ii) * * *
    (A) If the sum of cobia landings that are sold and not sold, as 
estimated by the SRD, exceeds the stock ACL, as specified in paragraph 
(e)(2)(iii) of this section, the AA will file a notification with the 
Office of the Federal Register, at or near the beginning of the 
following fishing year to reduce the length of the following fishing 
season by the amount necessary to ensure landings may achieve the 
applicable ACT, but do not exceed the applicable ACL in the following 
fishing year. Further, during that following year, if necessary, the AA 
may file additional notification with the Office of the Federal 
Register to readjust the reduced fishing season to ensure harvest 
achieves the ACT but does not exceed the ACL. The applicable ACTs for 
the Florida east coast zone of cobia are 796,536 lb (361,303 kg) for 
2022, and 845,554 lb (383,537 kg) for 2023 and subsequent fishing 
years. The applicable ACLs for the Florida east coast zone of cobia are 
885,040 lb (401,447 kg) for 2022, and 939,504 lb (426,152 kg) for 2023 
and subsequent fishing years.
* * * * *
    (iii) Stock ACLs. The stock ACLs for Florida east coast zone cobia 
are 962,000 lb (436,356 kg) for 2022, and 1,021,200 lb (463,209 kg) for 
2023 and subsequent fishing years.

[FR Doc. 2022-22827 Filed 10-20-22; 8:45 am]
BILLING CODE 3510-22-P