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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Proposed Rules
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 697
Docket No. 2108270170
RIN 0648BK63

Fisheries of the Atlantic; Atlantic Migratory Group Cobia; Amendment 1
and Addendum 1 to Amendment 1
National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Proposed rule; request for comments.
AGENCY:

NMFS proposes regulations related to Amendment 1, and Addendum 1 to Amendment 1, to the Interstate Fishery Management Plan FMP for Atlantic Migratory Group Cobia Interstate FMP, as prepared and submitted by the Atlantic States Marine Fisheries Commission ASMFC. As described in Amendment 1 and Addendum 1, this proposed rule would modify the commercial quota and the process for a commercial quota closure for Atlantic migratory group cobia Atlantic cobia in Federal waters. The purpose of this proposed action is to increase the commercial quota as a result of the most recent stock assessment and to allow the ASMFC to monitor commercial landings for any needed commercial in-season closure while ensuring the long-term sustainability of the Atlantic cobia stock.
DATES: Written comments must be received on or before October 4, 2021.
ADDRESSES: You may submit comments on the proposed rule, identified by NOAANMFS20210054, by either of the following methods:
Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to https www.regulations.gov and enter NOAANMFS20210054 in the Search box. Click on the Comment icon, complete the required fields, and enter or attach your comments.
Mail: Submit written comments to Frank Helies, Southeast Regional Office, NMFS, 263 13th Avenue South, St.
Petersburg, FL 33701.
Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public
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SUMMARY:

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viewing on www.regulations.gov without change. All personal identifying information e.g., name, address, confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments enter N/
A in the required fields if you wish to remain anonymous.
Electronic copies of Amendment 1
and Addendum 1 may be obtained from the ASMFC website at http
www.asmfc.org/uploads/file/
6009e765AtlanticCobia_AddendumI_
Oct2020.pdf.
FOR FURTHER INFORMATION CONTACT:
Frank Helies, telephone: 7278245305, 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 304245.6 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
600.105a.
The final rule to implement Amendment 31 to the FMP for Coastal Migratory Pelagic CMP Resources of the Gulf of Mexico and Atlantic Region CMP FMP and Amendment 1 to the Interstate FMP removed Atlantic cobia from Federal management under the Magnuson-Stevens Fishery Conservation and Management Act Magnuson-Stevens Act and transitioned the management of Atlantic cobia in Federal waters to the Atlantic Coastal Act 84 FR 4733, February 19, 2019. All weights described in this rule are in round and eviscerated weight, combined.

In 2020, a new Southeast Data, Assessment, and Review SEDAR
assessment was completed for Atlantic cobia SEDAR 58. SEDAR 58 indicated that Atlantic cobia was not overfished nor undergoing overfishing, and that the allowable harvest could be increased based on updated commercial and recreational catch estimates. Based on the results of the SEDAR 58 and new stock projections from February 2020, in October of 2020, the ASMFC approved an increase to the Atlantic cobia annual total harvest quota of 80,112 fish for the 20202022 fishing seasons to be implemented in Federal waters through this proposed rule. Through Amendment 1 and Addendum 1, the ASMFC also adjusted the commercial and recreational allocation percentages and changed the methodology used to close the commercial sector when the quota is reached.
Currently, the total Atlantic cobia quota is allocated 8 percent to commercial harvest and 92 percent to recreational harvest. The ASMFC
changed these sector allocations to 4
percent to the commercial sector and 96
percent to the recreational sector to account for changes in the recreational catch estimates from the Marine Recreational Information Program Fishing Effort Survey. When defining these allocations in terms of numbers of fish, the updated allocations would result in a commercial quota of 3,204
fish and a recreational quota of 76,908
fish. As described in Amendment 1 and Addendum 1, using an average commercial weight of 22.82 lb 10.35
kg, this is equivalent to a commercial quota of 73,116 lb 33,165 kg in round and gutted weight, combined. In addition, the ASMFC would closely monitor commercial landings to ensure the commercial quota is not exceeded.

Background The ASMFC approved Amendment 1
to the Interstate FMP in 2019 and Addendum 1 to Amendment 1 in 2020.
Amendment 1 and Addendum 1
provide for an increase in the commercial quota and a revision to the process for a commercial in-season closure. This proposed rule would serve to implement certain measures in Federal waters contained within Amendment 1 and Addendum 1.

Commercial Quota
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Management Measures Contained in This Proposed Rule This proposed rule would modify the commercial quota and the process for closing the commercial sector in Federal waters when the quota is reached.

The current Atlantic cobia commercial quota of 50,000 lb 22,680
kg was established through the final rule to implement Amendment 1 to the Interstate FMP 84 FR 4733, February 19, 2019. As a result of SEDAR 58, this proposed rule would increase the commercial quota to 73,116 lb 33,165
kg. The ASMFC is responsible for monitoring of commercial landings during the fishing year.

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