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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 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 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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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 20202022 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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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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