49284 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. 210827–0170] 

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 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: 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 

‘‘NOAA–NMFS–2021–0054,’’ 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 

‘‘NOAA–NMFS–2021–0054’’ 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 

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: 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 (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. 

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. 

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 

2020–2022 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. 

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. 

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 

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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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Proposed Rules 49285 

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 Scientific 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 proposed rule would retain the 

possibility of an in-season closure if 

commercial landings reach the quota. 

This proposed rule also would change 

the closure language in the current 

regulations regarding in-season quota 

monitoring so that commercial landings 

would 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 would transfer quota 

monitoring responsibility to the 

ASMFC. Because Atlantic cobia are 

primarily landed in state waters, the 

ASMFC 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 

commercial closure of the exclusive 

economic zone (EEZ) and NMFS would 

close the commercial sector. During any 

such closure, the harvest, sale, trade, 

barter, or purchase of Atlantic cobia 

would be prohibited for the remainder 

of that fishing year. When considering 

this proposed 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 under the current 

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. 

Classification 

The NMFS Assistant Administrator 

has determined that this proposed rule 

is consistent with the Interstate FMP, 

the Atlantic Coastal Act, the applicable 

provisions of the Magnuson-Stevens 

Act, and other applicable laws, subject 

to further consideration after public 

comment. 

This 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 that this 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. 

The factual basis for this certification is 

described below. 

A description of this proposed rule, 

why it is being considered, and the 

purposes of this proposed rule are 

contained in the preamble and in the 

SUMMARY section of the preamble. The 

Atlantic Coastal Act provides the 

statutory basis for this proposed rule. 

No duplicative, overlapping, or 

conflicting Federal rules have been 

identified. In addition, no new reporting 

or record keeping compliance 

requirements are introduced in this 

proposed rule. 

This proposed rule directly affects 

commercial fishing businesses that sell 

Atlantic cobia harvested within the EEZ 

off Georgia to New York. Atlantic cobia 

is harvested mostly in state waters and 

is primarily a bycatch, not targeted, 

commercial species in the Mid-Atlantic 

and South Atlantic. During the past 6 

years (2015–2020), 17 percent of total 

Atlantic cobia commercial landings 

were of fish taken from the EEZ. 

In the South Atlantic, from 2015 

through 2019, there were, on average, 82 

federally permitted commercial vessels 

with reported landings of Atlantic cobia 

from the South Atlantic (excluding 

Florida, which is outside of the Atlantic 

cobia stock boundary). These vessels 

had average annual dockside revenue 

from landings of Atlantic cobia of 

$37,663 (2019 dollars). In the MidAtlantic, from 2015 through 2019, there 

were, on average, 31 federally permitted 

commercial vessels with reported 

landings of Atlantic cobia and, on 

average, each of these vessels earned 

approximately $2,100 (2019 dollars) per 

year from the sale of Atlantic cobia. 

All of the businesses that operate the 

above 113 federally permitted vessels 

are expected to operate primarily in the 

commercial fishing industry (NAICS 

code 11411). For Regulatory Flexibility 

Act purposes, NMFS has established a 

small business size standard for 

businesses, including their affiliates, 

whose primary industry is commercial 

fishing (50 CFR 200.2). A business 

primarily involved in the commercial 

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 its combined annual 

receipts are not in excess of $11 million 

for all of its affiliated operations 

worldwide. The maximum annual 

dockside revenue that any of the 

permitted vessels had during the 5-year 

period was approximately $0.3 million 

(2019 dollars). Therefore, NMFS 

concludes that all of the above 113 

permitted vessels represent a small 

commercial fishing business. 

For-hire fishing captains and crew are 

allowed to sell Atlantic cobia harvested 

from the EEZ under the recreational 

possession limit when the commercial 

season is open; however, the respective 

Atlantic states require individuals to 

have a commercial fishing license in the 

state where the cobia is sold, and 

typically the vessels used to harvest 

those cobia have a Federal charter/ 

headboat coastal migratory pelagics 

permit. From 2015 through 2019 less 

than 5 of the 1,712 currently permitted 

for-hire vessels sold Atlantic cobia, and 

the average revenue from those sales 

was approximately $11 (2019 dollars) 

annually per vessel. 

A business that is primarily in the forhire fishing industry (NAICS code 

487210) is a small business if it is 

independently owned and operated, is 

not dominant in its field of operation 

(including its affiliates) and its 

combined annual receipts that are no 

more than $8.0 million for all of its 

affiliated operations worldwide. 

Average annual gross revenue of 

federally permitted charter vessels and 

headboats in the South Atlantic is 

$125,261 per charter vessel and 

$271,835 per headboat in 2019 dollars. 

Hence, NMFS expects the less than five 

for-hire fishing vessels that would be 

annually affected by the proposed rule 

are small businesses. 

This proposed rule would increase 

the commercial quota of Atlantic cobia 

from 50,000 lb (22,680 kg) to 73,116 lb 

(33,165 kg). This rule would also revise 

the decision criteria used to close 

Federal waters to commercial fishing for 

Atlantic cobia. The Federal commercial 

season would close if the sum of the 

cobia landings that are sold, as 

estimated by the ASMFC, reach or are 

projected to reach the commercial 

quota, and the ASMFC notifies NMFS of 


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49286 Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Proposed Rules 

the need for a commercial closure of the 

EEZ. 

The increase in the commercial quota 

from 50,000 lb (22,680 kg) to 73,116 lb 

(33,165 kg) would allow for an 

additional 23,116 lb (10,485 kg) of cobia 

to be sold by small commercial fishing 

businesses. As stated previously, an 

average of 17 percent of annual 

commercial landings of cobia are from 

the EEZ, and 17 percent of the 23,116- 

lb (10,485 kg) increase translates to an 

additional 3,930 lb (1,782 kg) of Atlantic 

cobia that could be harvested from the 

EEZ annually. 

The average dockside price of Atlantic 

cobia has increased in the past 4 years, 

and especially since 2019. Using the 

average dockside price from 2019 

through 2020, an additional 3,930 lb 

(1,782 kg) of cobia would translate to 

additional revenue of $16,427 (2019 

dollars), and if spread evenly across the 

average 113 small commercial fishing 

businesses that report harvesting 

Atlantic cobia annually, each of those 

small businesses would benefit with an 

additional $145 annually (2019 dollars) 

in revenue. For the 113 commercial 

fishing vessels and small businesses that 

operate them, that additional revenue 

represents up to 0.13 percent of their 

average annual revenue from all 

landings. If the less than five small forhire fishing businesses that, on average, 

annually sell bag-limit quantities of 

cobia harvested from the EEZ were to 

double their revenues from cobia sales, 

those increases would represent 0.01 

percent or less of their average annual 

revenue. 

Based on the analysis described 

above, NMFS concludes that this rule 

would not have a significant economic 

impact on a substantial number of small 

businesses. Therefore, an initial 

regulatory flexibility analysis is not 

required and none has been prepared. 

This proposed rule contains no 

information collection requirements 

under the Paper Reduction Act of 1995. 

List of Subjects in 50 CFR Part 697 

Atlantic, Cobia, Fisheries, Fishing, 

South Atlantic. 

Dated: August 30, 2021. 

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 697 is proposed 

to be amended as follows: 

PART 697—ATLANTIC COASTAL 

FISHERIES COOPERATIVE 

MANAGEMENT 

■ 1. The authority citation for part 697 

continues to read as follows: 

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 

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. 2021–18960 Filed 9–1–21; 8:45 am] 

BILLING CODE 3510–22–P 


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