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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 stocks 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 shouldnt 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. 553d3 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 697ATLANTIC COASTAL
FISHERIES COOPERATIVE
MANAGEMENT
1. The authority citation for part 697
continues to read as follows:

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08NOR1