40478 Federal Register / Vol. 87, No. 129 / Thursday, July 7, 2022 / Proposed Rules 

FWS–R4–ES–2020–0109; U.S. Fish and 

Wildlife Service, MS: PRB/3W, 5275 

Leesburg Pike, Falls Church, VA 22041– 

3803. 

We request that you send comments 

only by the methods described above. 

We will post all comments on https:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see 

Information Requested, below, for more 

information). 

FOR FURTHER INFORMATION CONTACT: 

Brigette Firmin, Acting Field 

Supervisor, Louisiana Field Office, 200 

Dulles Dr., Lafayette, LA 70506; on the 

internet at https://www.fws.gov/office/ 

louisiana-ecological-services; by 

telephone at 337–291–3108. Individuals 

in the United States who are deaf, 

deafblind, hard of hearing, or have a 

speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: 

Previous Federal Actions 

On September 30, 2021, we published 

a proposed rule (86 FR 54298) to remove 

23 species, including the ivory-billed 

woodpecker, from the List of 

Endangered and Threatened Wildlife 

(List) due to extinction. The proposed 

rule had a 60-day comment period, 

ending November 29, 2021. On January 

11, 2022, we reopened the comment 

period for 30 days (87 FR 1390) in order 

to hold a public hearing on the 

proposed rule to remove the ivory-billed 

woodpecker from the List (i.e., to 

‘‘delist’’ the species) and to allow all 

interested parties additional time to 

comment on the proposed rule to delist 

the ivory-billed woodpecker. We held 

the public hearing on January 26, 2022. 

For a description of other previous 

Federal actions concerning the ivorybilled woodpecker, please refer to the 

September 30, 2021, proposed rule (86 

FR 54298). 

This Action 

Section 4(b)(6) of the Endangered 

Species Act of 1973, as amended (Act; 

16 U.S.C. 1531 et seq.), and its 

implementing regulations at 50 CFR 

424.17(a) require that we take one of 

three actions within 1 year of 

publication of a proposed rule to 

determine whether a species is an 

endangered or threatened species: (1) 

Finalize the proposed rule; (2) make a 

finding that such revision should not be 

made and withdraw the proposed rule; 

or (3) extend the final determination by 

not more than 6 months, if there is 

substantial disagreement among 

scientists knowledgeable about the 

species regarding the sufficiency or 

accuracy of the available data relevant 

to the determination. 

Since the publication of the proposed 

rule to delist the ivory-billed 

woodpecker, there has been substantial 

disagreement regarding the 

interpretation of the evidence that exists 

for the ivory-billed woodpecker. This 

situation has led to a significant 

disagreement regarding whether the 

species is extinct. Therefore, in 

consideration of the disagreements 

among experts surrounding the ivorybilled woodpecker’s status, we are 

extending the final determination on the 

proposal to delist the species for 6 

months in order to solicit additional 

information that will help to clarify 

these issues. 

Information Requested 

We will accept written comments and 

information during this reopened 

comment period on our proposed 

delisting rule for ivory-billed 

woodpecker (86 FR 54298; September 

30, 2021). We will consider information 

and recommendations from all 

interested parties. We intend that any 

final action resulting from the proposal 

be as accurate as possible and based on 

the best available scientific and 

commercial data. 

Due to the scientific disagreements 

described above, we are particularly 

interested in new information and 

evidence regarding the status of the 

ivory-billed woodpecker that has not 

previously been provided. We 

particularly seek clear video or 

photographic evidence of the presence 

of the ivory-billed woodpecker that can 

be repeatedly interpreted the same way 

by independent observers, such as 

definitive photographic evidence 

collected by a field observer (Ivorybilled Woodpecker Final Recovery Plan, 

Service 2010, pp. 99–110). 

If you previously submitted 

comments or information on the 

September 30, 2021, proposed rule (86 

FR 54298), please do not resubmit them. 

We have incorporated previously 

submitted comments into the public 

record, and we will fully consider them 

in the preparation of our final 

determination. Our final determination 

concerning the proposed delisting of the 

ivory-billed woodpecker will take into 

consideration all written comments and 

any additional information we receive. 

You may submit your comments and 

materials concerning the proposed rule 

by one of the methods listed in 

ADDRESSES. We request that you send 

comments only by the methods 

described in ADDRESSES. 

If you submit information via https:// 

www.regulations.gov, your entire 

submission—including any personal 

identifying information—will be posted 

on the website. If your submission is 

made via a hardcopy that includes 

personal identifying information, you 

may request at the top of your document 

that we withhold this information from 

public review. However, we cannot 

guarantee that we will be able to do so. 

We will post all hardcopy submissions 

on https://www.regulations.gov. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing the proposed rule, 

will be available for public inspection 

on https://www.regulations.gov, or by 

appointment, during normal business 

hours, at the U.S. Fish and Wildlife 

Service, Louisiana Ecological Services 

Field Office (see FOR FURTHER

INFORMATION CONTACT). You may obtain 

copies of the proposed rule on the 

internet at https://www.regulations.gov 

at Docket No. FWS–R4–ES–2020–0109, 

or by mail from the U.S. Fish and 

Wildlife Service, Louisiana Ecological 

Services Field Office (see FOR FURTHER

INFORMATION CONTACT). 

Authority 

The authority for this action is the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.). 

Martha Williams, 

Director, U.S. Fish and Wildlife Service. 

[FR Doc. 2022–14336 Filed 7–6–22; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

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: Notice of availability (NOA); 

request for comments. 

SUMMARY: The Gulf of Mexico Fishery 

Management Council (Gulf Council) and 


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Federal Register / Vol. 87, No. 129 / Thursday, July 7, 2022 / Proposed Rules 40479 

the South Atlantic Fishery Management 

Council (South Atlantic Council) have 

jointly submitted 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) for review, 

approval, and implementation by 

NMFS. If approved by the Secretary of 

Commerce, Amendment 32 would 

revise the Gulf of Mexico (Gulf) 

migratory group of cobia (Gulf group 

cobia) zone apportionment, catch limits, 

possession limit and minimum size 

limit, establish a Gulf group cobia 

commercial trip limit and recreational 

vessel limit, and revise the CMP FMP 

framework procedures. The purpose of 

Amendment 32 is to end overfishing of 

Gulf group cobia and to 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: Written comments on 

Amendment 32 must be received on or 

before September 6, 2022. 

ADDRESSES: You may submit comments 

on Amendment 32 identified by 

‘‘NOAA–NMFS–2022–0030’’ 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–2022–0030’’, in the 

Search box. Click the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit all written comments 

to Kelli O’Donnell, NMFS Southeast 

Regional Office, 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 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-gulfmigratory-group-cobia. 

FOR FURTHER INFORMATION CONTACT: 

Kelli O’Donnell, telephone: 727–824– 

5305, or email: Kelli.ODonnell@

noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) requires each 

regional fishery management council to 

submit any FMP or FMP amendment to 

NMFS for review and approval, partial 

approval, or disapproval. The 

Magnuson-Stevens Act also requires 

that NMFS, upon receiving an FMP or 

amendment, publish an announcement 

in the Federal Register notifying the 

public that the FMP or amendment is 

available for review and comment. 

The FMP being revised by 

Amendment 32 was prepared by the 

Gulf Council and the South Atlantic 

Council (Councils), and Amendment 32, 

if approved, would be implemented by 

NMFS through regulations at 50 CFR 

part 622 under the authority of the 

Magnuson-Stevens Act. 

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 Council is responsible for 

specifying management measures for 

Gulf group cobia, except that the 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 

above. 

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 

boundary between these two migratory 

groups was set at the Councils’ 

jurisdictional boundary west of the Dry 


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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 Amendment 20B, the Councils 

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. This 

allocation for the FLEC zone, 

established in Amendment 18 in 2011, 

was based on a formula that balanced 

historical catches (2000–2008) with 

more recent landings (2006–2008). 

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). 

In Amendment 18, the Councils 

established annual catch targets (ACTs) 

for both Gulf group cobia and the 

recreational harvest of Atlantic group 

cobia. The Councils kept the same 

formulas for establishing these ACTs in 

Amendment 20B when the Gulf group 

cobia ABC was split between the Gulf 

zone and the FLEC zone. The current 

stock ACT in the Gulf zone is 10 percent 

below the Gulf zone ACL. The 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 proportional 

standard error (PSE) of the recreational 

landings estimates, or 0.5, whichever 

was greater. 

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. There currently is no 

commercial or recreational trip limit for 

Gulf group cobia in either zone. 

The Councils first established a 

minimum size limit for cobia 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). The Gulf Council took this 

action based on concerns from 

constituents that an observed decrease 

in cobia landings may indicate an 

unknown issue with the stock. The Gulf 

Council decided to take a precautionary 

approach by increasing the commercial 

and recreational minimum size limits 

while the SEDAR 28 Update assessment 

(2020) was completed. The South 

Atlantic Council did not change the 

minimum size limit in the FLEC zone, 

deciding to review the SEDAR 28 

Update assessment before making any 

further management changes. 

Actions Contained in Amendment 32 

For Gulf group cobia, Amendment 32 

would revise the OFL, ABC, ABC 

apportionment, stock and sector ACLs, 

the Gulf zone stock ACT (quota), and 

the commercial possession limits; 

establish a commercial trip limit; 

recreational bag and vessel limits; and 

revise commercial and recreational size 

limits. Amendment 32 would also 

clarify the CMP sale and purchase 

provisions for federally permitted 

dealers. 

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 would 

adopt 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 would 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 would 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 

would revise 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. 

ACLs 

Amendment 32 would revise the Gulf 

zone apportioned ACL to 1,638,000 lb 

(742,984 kg) for 2022, and 1,738,000 lb 

(788,343 kg) for 2023 and subsequent 

years. The proposed revised FLEC zone 

apportioned ACL would be 962,000 lb 

(436,356 kg) for 2022, and 1,021,200 lb 

(463,209 kg) for 2023 and subsequent 

years. 

ACLs and Sector Allocations 

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 

would retain the stock ACL for Gulf 

group cobia of 2,600,000 lb (1,179,340 

kg) for 2022, and increase 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 

proposed 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, which results in a 

Gulf zone ACL of 1,660,000 lb (752,963 

kg) and a FLEC zone ACL of 930,000 lb 

(421,841 kg). Amendment 32 would 

revise the zone apportionment to 63 

percent to the Gulf zone and 37 percent 

to the FLEC zone. This would result 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 proposed FLEC zone ACL 

would be 962,000 lb (436,356 kg) for 

2022, and 1,021,200 lb (463,209 kg) for 

2023 and subsequent years. 

Amendment 32 would maintain the 

current commercial and recreational 

allocation in the FLEC zone as 8 percent 

and 92 percent, respectively. The 

current ACLs for Gulf group cobia in the 

FLEC zone are 70,000 lb (31,751 kg) for 

the commercial sector (expressed as a 

commercial quota), and 860,000 lb 

(390,089 kg) for the recreational sector. 

The proposed commercial ACLs 

(quotas) are 76,960 lb (34,908 kg) for 


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2022, and 81,696 lb (37,057 kg) for 2023 

and subsequent years. The proposed 

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 would update the 

calculation for determining the ACTs 

using the Gulf Council’s ACL/ACT 

Control Rule. Under this control rule, 

the calculated ACTs for the Gulf zone 

and for the recreational sector in the 

FLEC zone would be 10 percent less 

than the respective zone ACLs. To 

calculate the ACT, the control rule uses 

the PSEs for 4 years of landings data 

(2016–2019), the number of times the 

catch limit has been exceeded, the 

precision of recreational landings based 

on the PSE, the precision of commercial 

landings, inseason accountability 

measures in place, and the stock status. 

The current stock ACT (quota) for 

Gulf group cobia in the Gulf zone is 

1,500,000 lb (680,389 kg). Consistent 

with the Gulf Council’s ACL/ACT 

Control Rule, Amendment 32 would 

revise 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. 

The current recreational ACT for Gulf 

group cobia in the FLEC zone is 710,000 

lb (322,051 kg). Consistent with Gulf 

Council’s ACL/ACT Control Rule, 

Amendment 32 would revise 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 proposed 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. 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. These changes would apply to 

harvest from both the Gulf zone and 

FLEC zone. 

Analysis in Amendment 32 indicates 

that the majority of the commercial and 

recreational trips already harvest one or 

less cobia per person and per trip. 

Therefore, reducing the possession limit 

from 2 fish to 1 fish per person and 

creating a commercial trip limit and 

recreational vessel limit would only 

reduce harvest in the Gulf zone by about 

1.0 percent for the commercial sector 

and 10 percent for the recreational 

sector. The harvest reduction in the 

FLEC zone would be greater, with an 

approximate 23 percent for the 

commercial sector and 29 percent for 

the recreational sector. However, the 

Councils decided that these changes 

were appropriate because they would 

result in some reduction in fishing 

mortality and would also aid with 

compliance and enforcement because 

the harvest limits in Federal waters 

would be consistent with those 

established by the state of Florida for 

harvest of cobia in Gulf state waters, 

which is one fish per person or two per 

vessel, whichever is less. The 

possession and trip limits in Florida 

state waters adjacent to the FLEC zone 

are currently one per person or six fish 

per vessel, whichever is less, but 

effective July, 1, 2022, these state 

regulations change and will be 

consistent with the changes proposed in 

this rule. See https://content.gov.

delivery.com/accounts/FLFFWCC/ 

bulletins/316530e. 

The analysis in Amendment 32 

indicates that commercial landings will 

not exceed the proposed commercial 

harvest limits in the FLEC zone, and 

that the combined commercial and 

recreational harvest would not exceed 

the proposed 2022 and 2023 total ACLs 

in the Gulf zone, regardless of the 

proposed commercial trip limits. This 

analysis also indicates that even with 

the proposed changes to the possession 

limit, recreational harvest in the FLEC 

zone is projected to exceed the proposed 

FLEC zone 2022 and 2023 recreational 

ACLs, and when combined with 

expected commercial harvest, the total 

harvest in the FLEC zone is projected to 

exceed the total 2022 and 2023 FLEC 

zone ACLs. However, as discussed 

below, these proposed changes in 

combination with the proposed change 

to the minimum size limit is projected 

to reduce recreational landings enough 

to constrain harvest to the recreational 

ACL. As previously noted, NMFS 

expects the changes to the possession 

limit to reduce recreational harvest in 

the FLEC zone by approximately 29 

percent. 

Minimum Size Limits 

Amendment 32 would increase 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 would reduce 

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 would reduce the harvest 

rate across both sectors and reduce the 

total harvest. The increase in the 

minimum size limit would 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. As a result of this 

change to the minimum size limit, 

NMFS projects that harvest in the FLEC 

zone would be reduced by 

approximately 27 percent for the 

commercial sector, 23 percent for the 

recreational charter vessel/headboat 

component, and 34 percent for the 

recreational private angling component. 

An increase in the minimum size limit 

may increase regulatory discards in the 

FLEC zone in the near-term but the 

discard mortality rates were estimated 

in SEDAR 28 to be relatively low (5 

percent) when using hook-and-line gear 

in the commercial sector and all gear 

types in the recreational sector. The 

analysis in Amendment 32 indicates 

that implementing both this increase in 

the minimum size limit and the changes 

to the possession limit would reduce 

landings in the FLEC zone enough to 

constrain landings to the recreational 

ACL. 

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 would revise 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 


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40482 Federal Register / Vol. 87, No. 129 / Thursday, July 7, 2022 / Proposed Rules 

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 would also clarify 

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 change 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. 

Proposed Rule for Amendment 32 

A proposed rule to implement 

Amendment 32 has been drafted. In 

accordance with the Magnuson-Stevens 

Act, NMFS is evaluating the proposed 

rule to determine whether it is 

consistent with the CMP FMP, the 

Magnuson-Stevens Act, and other 

applicable laws. If that determination is 

affirmative, NMFS will publish the 

proposed rule in the Federal Register 

for public review and comment. 

Consideration of Public Comments 

The Gulf Council has submitted 

Amendment 32 for Secretarial review, 

approval, and implementation. 

Comments on Amendment 32 must be 

received by September 6, 2022. 

Comments received during the 

respective comment periods, whether 

specifically directed to Amendment 32 

or the proposed rule will be considered 

by NMFS in the decision to approve, 

disapprove, or partially approve 

Amendment 32. Comments received 

after the comment periods will not be 

considered by NMFS in this decision. 

All comments received by NMFS on the 

amendment or the proposed rule during 

their respective comment periods will 

be addressed in the final rule. 

(Authority: 16 U.S.C. 1801 et seq.) 

Dated: June 30, 2022. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–14380 Filed 7–6–22; 8:45 am] 

BILLING CODE 3510–22–P 


khammond on DSKJM1Z7X2PROD with PROPOSALS