42690 Federal Register / Vol. 87, No. 136 / Monday, July 18, 2022 / Proposed Rules 

certification, in English or with a 

certified English translation: 

(i) The specific reasonable steps the

intermediate provider has taken to avoid 

carrying or processing illegal robocall 

traffic as part of its robocall mitigation 

program, including a description of how 

it has complied with the know-yourupstream provider requirement in 

§ 64.1200(n)(4).

(ii) A statement of the intermediate

provider’s commitment to respond fully 

and in a timely manner to all traceback 

requests from the Commission, law 

enforcement, and the industry traceback 

consortium, and to cooperate with such 

entities in investigating and stopping 

any illegal robocallers that use its 

service to carry or process calls. 

(3) All certifications made pursuant to

paragraph (e)(1) of this section shall: 

(i) Be filed in the appropriate portal

on the Commission’s website; and 

(ii) Be signed by an officer in

conformity with 47 CFR 1.16. 

(4) An intermediate provider filing a

certification shall submit the following 

information in the appropriate portal on 

the Commission’s website: 

(i) The intermediate provider’s

business name(s) and primary address; 

(ii) Other business names in use by

the intermediate provider; 

(iii) All business names previously

used by the intermediate provider; 

(iv) All known principals, affiliates,

subsidiaries, and parent companies of 

the intermediate provider; 

(v) Whether the intermediate provider

or any affiliate is also a foreign voice 

service provider; and 

(vi) The name, title, department,

business address, telephone number, 

and email address of one person within 

the company responsible for addressing 

robocall mitigation-related issues. 

(5) An intermediate provider shall

update its filings within 10 business 

days of any change to the information it 

must provide pursuant to paragraphs 

(e)(1) through (4) of this section, subject 

to the conditions set forth in paragraphs 

(c)(5)(i) and (ii) of this section. 

(f) Intermediate provider and voice

service provider obligations—(1) 

Accepting traffic from domestic voice 

service providers. Intermediate 

providers and voice service providers 

shall accept calls directly from a 

domestic voice service provider only if 

that provider’s filing appears in the 

Robocall Mitigation Database in 

accordance with paragraphs (c) of this 

section and that filing has not been delisted pursuant to an enforcement 

action. 

(2) Accepting traffic from foreign

providers. Beginning 90 days after the 

deadline for filing certifications 

pursuant to paragraph (d)(1) of this 

section, intermediate providers and 

voice service providers shall accept 

calls directly from a foreign voice 

service provider or foreign intermediate 

provider that uses North American 

Numbering Plan resources that pertain 

to the United States in the caller ID field 

to send voice traffic to residential or 

business subscribers in the United 

States, only if that foreign provider’s 

filing appears in the Robocall Mitigation 

Database in accordance with paragraph 

(c) of this section and that filing has not

been de-listed pursuant to an

enforcement action.

(3) Accepting traffic from domestic

intermediate providers. Intermediate 

providers and voice service providers 

shall accept calls directly from: 

(i) A gateway provider, only if that

provider’s filing appears in the Robocall 

Mitigation Database in accordance with 

paragraph (d) of this section, showing 

that the gateway provider has 

affirmatively submitted the filing, and 

that the filing has not been de-listed 

pursuant to an enforcement action. 

(ii) Beginning 90 days after the

deadline for filing certifications 

pursuant to paragraph (e) of this section, 

a domestic intermediate provider, only 

if that provider’s filing appears in the 

Robocall Mitigation Database in 

accordance with paragraph (e) of this 

section, showing that the intermediate 

provider has affirmatively submitted the 

filing, and that the filing has not been 

de-listed pursuant to an enforcement 

action. 

[FR Doc. 2022–13878 Filed 7–15–22; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 220712–0154] 

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: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes regulations to 

implement management measures 

described in 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), as prepared 

and submitted by the Gulf of Mexico 

Fishery Management Council and the 

South Atlantic Fishery Management 

Council (Councils). This proposed rule 

and Amendment 32 would revise the 

Gulf of Mexico (Gulf) migratory group of 

cobia (Gulf group cobia) catch limits, 

possession limit and minimum size 

limits, establish a Gulf group cobia 

commercial trip limit and recreational 

vessel limit, and revise the CMP FMP 

framework procedures. The proposed 

rule would also clarify the Gulf group 

cobia sale and purchase restrictions. 

The purpose of this proposed rule and 

Amendment 32 is to end overfishing of 

Gulf group cobia, 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 must be 

received on or before August 17, 2022. 

ADDRESSES: You may submit comments 

on the proposed rule, 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 written comments to

Kelli O’Donnell, 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 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/ 


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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: Gulf group 

cobia is managed under the CMP FMP 

in Federal waters from the Georgia/ 

Florida border in the Atlantic to the 

Texas/Mexico border in the Gulf. The 

CMP FMP was prepared by the Councils 

and implemented through regulations at 

50 CFR part 622 under the authority of 

the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). All weights in 

this proposed rule are in round and 

eviscerated weight combined, unless 

otherwise specified. 

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 of Mexico Fishery Management 

Council (Gulf Council) is responsible for 

specifying management measures for 

Gulf group cobia, except that the South 

Atlantic Fishery Management Council 

(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 acceptable biological catch 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 

allocation was based on a formula that 

balanced historical catches (2000–2008) 

with more recent landings (2006–2008). 

The boundary between these two 

migratory groups was set at the 

Councils’ jurisdictional boundary west 

of the Dry 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 that 

Amendment, the Councils also 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. 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 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 of 33 

inches (83.8 cm), fork length, 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 


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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. 

Management Measures Contained in 

This Proposed Rule 

For Gulf group cobia, this proposed 

rule would revise the stock and sector 

ACLs, the Gulf zone stock ACT (quota), 

the FLEC zone recreational ACT, and 

the possession limit and minimum size 

limits, and establish a commercial trip 

limit and a recreational vessel limits. 

This proposed rule would also clarify 

the CMP sale and purchase provisions 

for federally permitted dealers. 

ACLs 

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 and the 

proposed rule 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 

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 and this proposed 

rule 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, this proposed rule 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, this 

proposed rule 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. This 

possession limit is codified at 50 CFR 

622.383(b), which addresses limited 

harvest species. 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. 

This proposed rule would implement 

these changes by establishing a 

recreational bag limit in 50 CFR 

622.382(a) and a commercial trip limit 

in 50 CFR 622.385(c), and removing the 

regulations at 50 CFR 622.383. The 

recreational bag limit for Gulf group 

cobia would be one fish per person per 

day, not to exceed 2 fish per vessel per 

trip. The commercial trip limit for Gulf 

group cobia per day would be one fish 

per person and 2 fish per vessel, not to 

exceed 2 fish per vessel per trip. The 

commercial trip limit, and the 

recreational bag and vessel limits 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 will change and will be 

consistent with the changes proposed in 

this rule. See https://content.

govdelivery.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 


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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 reduction in the possession 

limit and creation of a recreational 

vessel limit to reduce recreational 

harvest in the FLEC zone by 

approximately 29 percent. 

Minimum Size Limits 

This proposed rule 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. 

Permitted Dealer Sale and Purchase 

This proposed rule would also clarify 

the sale and purchase regulations at 50 

CFR 622.386(b) and (c). The Councils 

and NMFS do not require a specific 

Federal permit for the commercial 

harvest of Gulf group cobia. However, 

because this stock is included in the 

CMP FMP, the regulations at 50 CFR 

622.386(b) and (c) restrict the sale and 

purchase of Gulf group cobia by 

federally permitted vessels and seafood 

dealers. The regulation at 50 CFR 

622.386(b) requires that Gulf group 

cobia harvested on any vessel that has 

a valid Federal vessel permit (i.e., 

commercial or charter vessel/headboat 

permit for any Federal fishery) be sold 

to a seafood dealer who has a valid 

Federal Gulf and South Atlantic dealer 

permit. Under 50 CFR 622.386(c), that 

same Federal dealer may purchase Gulf 

group cobia harvested in or from Gulf or 

South Atlantic Federal waters only from 

a vessel that has been issued a Federal 

CMP permit (i.e., commercial or charter 

vessel/headboat permit for king or 

Spanish mackerel). The dealer 

limitation in 50 CFR 622.386(c) is 

inconsistent with the requirement in 50 

CFR 622.386(b) for Gulf group cobia on 

all federally permitted vessels to be sold 

to a federally permitted dealer, as well 

as with the Gulf and South Atlantic 

Council’s Generic Amendment that 

created the Federal Gulf and South 

Atlantic dealer permit (79 FR 19490; 

April 9, 2014). Therefore, this proposed 

rule would correct the regulations in 50 

CFR 622.386(c) to make the purchase 

restriction that is tied to having a 

Federal permit applicable only to king 

and Spanish mackerel species rather 

than to all CMP species generally. This 

correction would allow federally 

permitted dealers to accept Gulf group 

cobia harvested from the Exclusive 

Economic Zone (EEZ) from any vessel, 

regardless of the permit status of the 

vessel. 

Management Measures in Amendment 

32 Not Codified Through This Proposed 

Rule 

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. 

Sector Allocations 

Currently, Gulf group cobia in the 

Gulf zone is managed as a stock without 

separate ACLs for each sector, and the 

Councils did not reconsider this 

management approach in Amendment 

32. The commercial and recreational 

allocation in the FLEC zone is 8 percent 

and 92 percent, respectively. 

Amendment 32 would maintain stock 

management in the Gulf zone and 

maintain the current commercial and 

recreational allocation in the FLEC 

zone. The current FLEC zone allocation 

would be applied to the proposed FLEC 

zone ACLs. The Councils wanted to 

recognize the harvest needs of the 

commercial sector in the FLEC zone by 

not decreasing the status quo catch limit 

of 70,000 lb (31,751 kg). 

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. 


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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 

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. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this proposed rule is consistent 

with Amendment 32, the CMP FMP, 

other provisions of the MagnusonStevens Act, and other applicable law, 

subject to further consideration after 

public comment. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

An initial regulatory flexibility 

analysis (IRFA) was prepared, as 

required by section 603 of the 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 603). The IRFA describes the 

economic impact this proposed rule, if 

adopted, would have on small entities. 

A description of the action, why it is 

being considered, and the legal basis for 

this action are contained at the 

beginning of this section in the 

preamble and in the SUMMARY section of 

the preamble. A summary of the 

analysis follows. A copy of this analysis 

is available from the Council [or NMFS] 

(see ADDRESSES). 

This proposed rule, if implemented, 

would apply to all commercial vessels, 

charter vessels and headboats (for-hire 

vessels), and recreational anglers that 

fish for or harvest cobia in either the 

FLEC zone or Gulf zone. Because no 

Federal permit is required for the 

commercial harvest or sale of Gulf 

cobia, the distinction between 

commercial and recreational fishing 

activity for the purposes of this 

proposed rule is whether the fish are 

sold. Individuals that harvest Gulf cobia 

under the recreational bag limit in 

Federal waters and who do not 

subsequently sell these fish are 

considered to be recreational anglers. 

Recreational anglers are not considered 

small entities under the RFA, so they 

are outside the scope of this analysis (5 

U.S.C. 603). Small entities include small 

businesses, small organizations, and 

small governmental jurisdictions (5 

U.S.C. 601(6) and 601(3)–(5)). 

Recreational anglers are not businesses, 

organizations, or governmental 

jurisdictions. A component of this 

proposed rule would also apply to 

Federally-permitted dealers that 

purchase Gulf cobia. 

For-hire vessels sell fishing services to 

recreational anglers. The proposed 

changes to the CMP FMP would not 

directly alter the services sold by these 

for-hire vessels. Any change in anglers’ 

demand for these fishing services (and 

associated economic effects) as a result 

of this proposed rule would be 

secondary to any direct effect on anglers 

and, therefore, would be an indirect 

effect of this proposed rule. Indirect 

effects fall outside the scope of the RFA; 

however, because for-hire captains and 

crew are allowed to harvest and sell 

Gulf cobia under the possession limit 

when the commercial season is open, 

for-hire businesses, or employees 

thereof, could be directly affected by 

this proposed rule as well. 

In summary, businesses that engage in 

commercial fishing (i.e. those that sell 

their harvests of Gulf cobia, including 

some for-hire businesses), as well as 

seafood dealers that purchase Gulf 

cobia, are the only small entities that 

would be directly affected by the 

proposed rule, and therefore only the 

impacts on these small entities will be 

discussed. 

Although no Federal permit is 

required for the commercial harvest and 

sale of Gulf cobia, vessels with other 

Federal commercial permits are 

required to report their catches for all 

species harvested, including Gulf cobia. 

On average from 2015 through 2019, 

there were 261 federally-permitted 

commercial vessels with reported 

landings of cobia in the Gulf zone. Their 

average annual vessel-level gross 

revenue from all species for 2015 

through 2019 was approximately 

$195,000 (2019 dollars) and cobia 

harvested from the Gulf zone accounted 

for less than one percent of this revenue. 

During the same time period, 248 

federally-permitted commercial vessels 

reported landings of cobia in the FLEC 

zone. Their average annual vessel-level 

revenue from all species for 2015 

through 2019 was approximately 

$46,000 (2019 dollars) and cobia 

harvested from the FLEC zone 

accounted for approximately one 

percent of this revenue. The maximum 

annual revenue from all species 

reported by a single one of the vessels 

that harvested Gulf cobia from 2015 

through 2019 was approximately $2.27 

million (2019 dollars). 

For anglers to fish for or possess CMP 

species in or from the Gulf EEZ on forhire vessels, those vessels are required 

to have a Federal limited access Gulf 

Charter Vessel/Headboat for Coastal 

Migratory Pelagics permit (Gulf CMP 

for-hire permit). On September 3, 2021, 

there were 1,301 valid (non-expired) or 

renewable Gulf CMP for-hire permits 

and 4 valid or renewable Gulf CMP 

historical captain for-hire permits. For 

anglers to fish for or possess CMP 

species in or from the Mid-Atlantic or 

South Atlantic EEZ on for-hire vessels, 

those vessels are required to have a 

Federal open access South Atlantic 

Charter Vessel/Headboat for Coastal 

Migratory Pelagics permit (SA CMP forhire permit). On September 3, 2021, 

there were 1,825 valid SA CMP for-hire 

permits. Although the for-hire permit 

application collects information on the 

primary method of operation, the permit 

does not identify the permitted vessel as 

either a headboat or a charter vessel and 

vessels may operate in both capacities. 

However, only federally-permitted 

headboats are required to submit harvest 

and effort information to the NMFS 

Southeast Region Headboat Survey 

(SRHS). Participation in the SRHS is 

based on determination by the 

Southeast Fisheries Science Center that 

the vessel primarily operates as a 

headboat. As of March 9, 2021, 69 Gulf 

headboats were registered in the SRHS. 

There were 39 Atlantic headboats 

registered in the SRHS that may operate 

in the FLEC zone, as well. As a result, 

of the 1,305 vessels with Gulf CMP forhire permits (including historical 

captain permits), up to 69 may primarily 

operate as headboats and the remainder 

as charter vessels. Of the 1,825 vessels 

with SA CMP for-hire permits, up to 39 

may primarily operate as headboats. 

The average charter vessel operating 

in the Gulf is estimated to receive 

approximately $90,000 (2019 dollars) in 

gross revenue and $27,000 in net 

income (gross revenue minus variable 

and fixed costs) annually. The average 

Gulf headboat is estimated to receive 

approximately $272,000 (2019 dollars) 

in gross revenue and $79,000 in net 


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income annually. The average charter 

vessel operating in the South Atlantic is 

estimated to receive approximately 

$125,000 (2019 dollars) in annual gross 

revenue. The average South Atlantic 

headboat is expected to receive 

approximately $222,000 (2019 dollars) 

in annual gross revenue. Estimates of 

annual net income for South Atlantic 

charter vessels and headboats are not 

available. 

As of July 12, 2021, there were 373 

entities with a Federal Gulf and South 

Atlantic Dealer permit. The number of 

these seafood dealers that would be 

directly affected by this proposed rule is 

unknown; therefore, this number may 

be considered an upper bound estimate. 

For RFA purposes only, NMFS has 

established a small business size 

standard for businesses, including their 

affiliates, whose primary industry is 

commercial fishing (see 50 CFR 200.2). 

A business primarily engaged in 

commercial fishing (North American 

Industry Classification System (NAICS) 

code 11411) 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 has combined annual 

receipts not in excess of $11 million for 

all its affiliated operations worldwide. 

All of the commercial fishing businesses 

directly regulated by this proposed rule 

are believed to be small entities based 

on the NMFS size standard. 

The Small Business Administration 

(SBA) has established size standards for 

all major industry sectors in the U.S. 

including for-hire businesses (NAICS 

code 487210) and seafood dealers/ 

wholesalers (NAICS code 424460). A 

business primarily involved in the forhire 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 has combined annual 

receipts not in excess of $8 million for 

all its affiliated operations worldwide. 

All of the for-hire vessels directly 

regulated by this proposed rule are 

believed to be small entities based on 

the SBA size criteria. A business that 

primarily operates as a seafood dealer/ 

wholesaler 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 has combined annual 

employment not in excess of 100 

employees for all its affiliated 

operations worldwide. Employment 

data for the dealers directly regulated by 

this proposed rule are not available; 

however, NMFS conservatively assumes 

a substantial number of these dealers are 

small entities based on the SBA size 

criteria. 

No other small entities that would be 

directly affected by this proposed rule 

have been identified. 

This proposed rule would modify the 

Gulf cobia stock ACL based on the 

recommendations of the Councils’ SSCs, 

as presented in July 2020. The stock 

ACL would be set equal to the stock 

ABC or 2,600,000 lb (1,179,340 kg) in 

2022 and then increase to 2,760,000 lb 

(1,251,915 kg) in 2023 and thereafter. 

These proposed ACLs are not directly 

comparable to the status quo ACL of 

2,600,000 lb (1,179,340 kg), because the 

status quo ACL is based on MRIP–CHTS 

data for the recreational sector; whereas, 

the proposed ACLs are based on newer 

MRIP–FES data. When converted to an 

MRIP–FES equivalent value, however, 

the status quo ACL is estimated to be 

approximately 4,500,000 lb (2,041,166). 

Although this proposed rule is expected 

to result in a 42 percent to 39 percent 

reduction in the stock ACL relative to 

the MRIP–FES equivalent status quo 

ACL, these differences do not represent 

differences between status quo harvest 

opportunities and expected future 

harvests. That is because the stock ACL 

is sub-divided into zone and sector 

specific ACLs, and those sub-ACLs 

dictate fishing opportunities. Also, 

based on historical landings 

information, the stock ACL has been 

underutilized in the past, and therefore, 

a reduction in the ACL may not impact 

harvests in the short term. Additionally, 

because the Gulf zone ACL is shared by 

the commercial and recreational sectors, 

and given the change from MRIP–CHTS 

to MRIP–FES, the portion of the Gulf 

zone ACL that would be harvested by 

each sector is unclear. Therefore, 

economic effects that would result from 

these proposed ACL changes cannot be 

quantified. 

This proposed rule would also modify 

the Gulf cobia stock ACL apportionment 

to be 63 percent for the Gulf zone and 

37 percent for the FLEC zone, based on 

the MRIP–FES average landings for Gulf 

cobia for the years 1998 through 2012, 

and use this apportionment to update 

the zone ACLs based on the Gulf cobia 

stock ACL described above. This would 

translate into an ACL for the Gulf zone 

of 1,638,000 lb (742,984 kg) in 2022 and 

1,738,800 lb (788,706 kg) in 2023 and 

subsequent years. For the FLEC zone, 

the ACL would be 962,000 lb (436,356 

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

kg) in 2023 and subsequent years. These 

proposed changes to the stock ACL 

apportionment would result in a benefit 

transfer from the Gulf zone to the FLEC 

zone, by allocating one percent more of 

the Gulf cobia stock ACL to the FLEC 

zone as compared to the status quo 

allocation. Because the new zone ACLs 

are not directly comparable to the status 

quo zone ACLs, due to the change from 

MRIP–CHTS to MRIP–FES, and because 

there is a single stock ACL for the Gulf 

zone, with no sector sub-ACLs, the 

economic effects of this reallocation to 

the commercial sector and the for-hire 

component of the recreational sector 

cannot be quantified. 

Additionally, this proposed rule 

would retain the FLEC zone cobia ACL 

sector allocation of 8 percent to the 

commercial sector and 92 percent to the 

recreational sector and update the sector 

ACLs accordingly. This would result in 

a FLEC zone commercial ACL of 76,960 

lb (34,908 kg) in 2022 and 81,696 lb 

(37,057 kg) in 2023 and subsequent 

years. Relative to the status quo FLEC 

zone commercial ACL of 70,000 lb 

(31,751 kg), this would be an increase of 

6,960 lb (3,157 kg) in 2022 and 11,696 

lb (5,305 kg) in 2023 and subsequent 

years. The commercial sector (including 

for-hire vessels that sell their catch) is 

not expected to harvest the proposed 

ACL in full in the short-term, based on 

the annual average commercial cobia 

landings for the FLEC zone from 2015 

through 2019. However, harvest of the 

full FLEC zone ACL in the future would 

result in an increase in estimated exvessel value of $25,600 to $43,000 (2019 

dollars) relative to the status quo. 

Divided by the number of commercial 

vessels from 2015 through 2019 with 

reported FLEC zone cobia landings, this 

would translate to an increase in exvessel revenue of $103 to $173 dollars 

per vessel (less than one percent of 

average annual per vessel revenue). 

This proposed rule would use the 

Gulf Council’s ACL/ACT Control Rule 

to calculate ACTs for the Gulf zone and 

the recreational sector in the FLEC zone, 

setting each ACT at 10 percent below 

their respective zone ACLs. The Gulf 

zone stock ACT, which is shared by the 

commercial and recreational sectors, 

would be 1,474,200 lb (668,686 kg) in 

2022 and 1,564,920 lb (709,836 kg) in 

2023 and subsequent years. In the Gulf 

zone, the switch from a constant ACT to 

an ACT calculated using the Gulf’s 

control rule would result in the same 

buffer between the ACL and the ACT of 

10 percent. Therefore, this proposed 

change to the method used for setting 

the ACT would not affect Gulf 

commercial cobia fishing practices or 

harvests in the Gulf zone and would not 

result in economic effects. The FLEC 

zone currently has no commercial sector 

ACT and none is proposed. 

This proposed rule would also reduce 

the daily possession limit for cobia in 

the Gulf zone, for both recreational and 


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commercial sectors, to one fish per 

person. This commercial limit would be 

codified as a commercial trip limit and 

the recreational limit as a recreational 

bag limit. NMFS expects this to reduce 

commercial Gulf zone cobia landings by 

51 lb (23 kg) in total each year. The 

associated loss in aggregate ex-vessel 

revenue expected to result from this 

reduction is estimated at $188 (2019 

dollars). The proposed rule would also 

create a recreational vessel limit of two 

fish per trip and a commercial trip limit 

of two fish per trip, noting that 

fishermen may not exceed the per 

person daily possession limit. NMFS 

expects this to reduce commercial 

landings by 1,295 lb (587 kg). The 

associated loss in ex-vessel revenue is 

estimated at $4,793 (2019 dollars) or 

approximately $18 per vessel per year, 

on average. It is not possible to quantify 

the direct economic effects of these 

changes on for-hire fishing vessels 

because data that describe commercial 

cobia landings on for-hire vessels are 

not available; however, the proposed 

commercial daily possession limit and 

commercial trip limit may reduce their 

opportunity to sell cobia. 

Moreover, this proposed rule would 

reduce the daily possession limit for 

cobia in the FLEC zone, for both 

commercial and recreational sectors, to 

one fish per person. NMFS expects this 

to reduce total commercial FLEC zone 

cobia landings by 6,127 lb (2,779 kg). 

The associated loss in ex-vessel revenue 

is estimated at $25,857 (2019 dollars) or 

approximately $104 per vessel per year, 

on average. The proposed rule would 

also create a recreational vessel limit of 

two fish per trip and a commercial 

vessel trip limit of two fish per trip, 

noting that fishermen may not exceed 

the per person daily possession limit. 

NMFS expects this to reduce total 

commercial landings by 3,939 lb (1,787 

kg). The associated loss in ex-vessel 

revenue is estimated at $16,622 (2019 

dollars) or approximately $67 per vessel 

per year, on average. It is not possible 

to quantify the direct economic effects 

of these changes on for-hire fishing 

vessels due to data limitations described 

earlier; however, the proposed 

commercial daily possession limit and 

commercial trip limit may reduce their 

opportunity to sell cobia. 

This proposed rule would retain the 

current minimum size limit of 36 

inches, fork length, in the Gulf zone and 

increase the minimum size limit from 

33 inches FL to 36 inches FL in the 

FLEC zone. NMFS expects this to 

reduce commercial landings in the 

FLEC zone by 11,904 lb (5,400 kg). The 

associated loss in ex-vessel revenue is 

estimated to be $50,237 (2019 dollars) or 

approximately $203 per vessel per year, 

on average (less than one percent of 

average annual per vessel revenue). It is 

not possible to quantify the direct 

economic effects of the change in the 

minimum size limit on for-hire fishing 

vessels due to data limitations described 

earlier; however, it may reduce their 

opportunity to sell cobia. 

Finally, this proposed rule would 

modify the framework procedure to 

update the responsibilities of each 

Council for setting regulations for Gulf 

cobia. Specifically, it would expand the 

South Atlantic Council’s responsibilities 

for Gulf cobia in the FLEC zone to 

include: per person bag and possession 

limits, size limits, in-season and postseason accountability measures, and 

specification of ACTs or sector ACTs. 

The South Atlantic Council would 

independently approve framework 

actions pertaining to these specific 

management measures for the FLEC 

zone for Gulf cobia. Two additional 

corrections are being included to the 

framework procedure via this proposed 

rule. Atlantic group cobia was removed 

from the CMP FMP through the final 

rule implementing Amendment 31. 

However, the CMP framework 

procedure was not updated at that time 

to remove reference to Atlantic group 

cobia. In addition, the CMP framework 

language referencing the ABC/ACL 

Control Rule is incorrect because it 

lacks an ABC/ACL control rule. Instead, 

the CMP framework language should 

refer to the ABC and ACL/ACT Control 

Rules. The Councils are making these 

corrections through this proposed rule. 

The proposed changes to the CMP 

framework are administrative in nature 

and would not have direct economic 

effects on any small entities. 

The following discussion describes 

the alternatives that were not selected as 

preferred by the Councils. 

Three alternatives were considered for 

the action to modify the Gulf cobia OFL, 

ABC, and ACL. The first alternative, the 

no action alternative, would maintain 

the current reference points (OFL and 

ABC) and the stock ACL for Gulf group 

cobia. The no-action alternative would 

not be expected to change fishing 

practices or commercial harvests of Gulf 

cobia, nor result in economic effects. 

This alternative was not selected by the 

Councils because it would be 

inconsistent with the SSCs’ latest catch 

limit recommendations and the 

transition to MRIP–FES, and therefore, 

would not be based on the best 

scientific information available. The 

second alternative is the preferred 

alternative. The third alternative would 

modify the Gulf cobia stock OFL, ABC, 

and ACL as a constant catch value for 

2021 and subsequent fishing years or 

until changed by a future management 

action. The stock ACL would be set 

equal to the stock ABC or 2,340,000 lb 

(1,061,406 kg) for 2021 and thereafter. 

This would be 260,000 lb (117,934 kg) 

less than the preferred alternative in 

2022 and 420,000 lb (190,509 kg) less 

than the preferred alternative for 2023 

and subsequent years. Therefore, this 

alternative would be expected to 

provide fewer commercial fishing 

opportunities and lower economic 

benefits in the long term as compared to 

the preferred alternative. This 

alternative was not selected by the 

Councils because they determined that 

it was unnecessary to prevent 

overfishing and would unnecessarily 

limit future harvest levels and 

associated economic benefits for the 

commercial and recreational sectors. 

Four alternatives were considered for 

the action to modify the Gulf cobia stock 

apportionment between the Gulf zone 

and the FLEC zone. The first alternative, 

the no action alternative, would retain 

the current Gulf cobia stock ACL 

apportionment of 64 percent to the Gulf 

zone and 36 percent to the FLEC zone 

based on MRIP–CHTS average landings 

for Gulf cobia for the years 1998–2012. 

The first alternative was not selected by 

the Councils. It would not align with the 

SSCs’ OFL and ABC recommendations 

based on the SEDAR 28 Update 

assessment to monitor recreational catch 

and effort in MRIP–FES data currency 

(SEDAR 28 Update 2020), nor would the 

calculation use FLEC zone cobiaspecific landings. The second 

alternative would retain the Gulf cobia 

stock ACL apportionment between the 

zones at 64 percent to the Gulf zone and 

36 percent to the FLEC zone, and use 

this apportionment to update both zone 

ACLs in MRIP–FES units. This 

alternative was not selected by the 

Councils because it fails to account for 

the effects of the change in recreational 

data reporting on historical landings 

during the time series used to set the 

current allocation (1998–2012). The 

third alternative is the preferred 

alternative. The fourth alternative 

would modify the Gulf cobia stock ACL 

apportionment to be 59 percent to the 

Gulf zone and 41 percent to the FLEC 

zone, based on the MRIP–FES average 

landings for Gulf cobia for the years 

2003–2019, and use this apportionment 

to update the zone ACLs. This would 

result in a 4 percent lesser allocation 

percentage to the Gulf zone relative to 

the preferred alternative. The Councils 

did not select this alternative because 

the landings during the latter years in 

the time series may be biased by recent 


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changes in the management of Gulf 

cobia. 

Four alternatives were considered for 

the action to modify the FLEC zone 

cobia allocation between the 

commercial and recreational sectors. 

The first alternative, the no action 

alternative, would retain the FLEC zone 

cobia ACL allocation of 8 percent to the 

commercial sector and 92 percent to the 

recreational sector based on the South 

Atlantic Council’s allocation formula for 

Atlantic group cobia based on MRIP– 

CHTS landings, which balanced 

historical catches (2000–2008) with 

more recent landings (2006–2008). The 

first alternative was not selected by the 

Councils. It would not align with the 

SSCs’ OFL and ABC recommendations 

based on the SEDAR 28 Update 

assessment to monitor recreational catch 

and effort in MRIP–FES data currency 

(SEDAR 28 Update 2020). The second 

alternative would modify the FLEC zone 

cobia ACL allocation to be 5 percent to 

the commercial sector and 95 percent to 

the recreational sector based on the 

South Atlantic Council’s allocation 

formula for Atlantic group cobia applied 

to historic MRIP–FES data for FLEC 

zone cobia specific landings. This 

formula balanced historical catches 

landings (2000–2008) with more recent 

landings (2006–2008). This alternative 

would result in a FLEC zone 

commercial ACL of 48,100 lb (21,818 

kg) in 2022 and 51,060 lb (23,160 kg) in 

2023 and subsequent years based on the 

preferred alternative in the first action 

for an increasing catch yield stream. 

Relative to the preferred alternative this 

would be a decrease in the FLEC zone 

commercial ACL of 28,860 lb (13,091 

kg) in 2022 and 30,636 lb (13,896 kg) in 

2023 and subsequent years. If the 

commercial ACL constrains harvest in 

the future, this would represent a 

potential loss in ex-vessel revenue of 

$121,789 to $129,284 (2019 dollars); or, 

approximately $491 to $521 per vessel 

per year, on average. The Councils did 

not select this alternative because they 

did not want to decrease the commercial 

sector ACL. The third alternative is the 

preferred alternative. The fourth 

alternative would modify the FLEC zone 

cobia ACL allocations to be calculated 

based on maintaining the current 

commercial ACL (i.e., 70,000 lb (31,751 

kg)) beginning in the 2021 fishing year 

and allocating the remaining revised 

total ACL to the recreational sector. The 

allocation percentages for 2021 would 

then be applied to the FLEC zone cobia 

ACL in years following 2021. This 

alternative would result in a FLEC zone 

commercial ACL of 77,778 lb (35,280 

kg) in 2022 and 82,564 lb (37,450 kg) in 

2023 and subsequent years. Relative to 

the preferred alternative this would be 

an increase in the FLEC zone 

commercial ACL of 818 lb (371 kg) in 

2022 and 868 lb (394 kg) in 2023 and 

subsequent years. If the commercial 

ACL constrains harvest in the future, 

this would represent a potential 

increase in aggregate ex-vessel revenue 

of $3,452 to $3,663 (2019 dollars); or, 

approximately $15 per vessel per year, 

on average. This alternative was not 

selected by the Councils because they 

believed it was a more complicated 

approach to achieving the same goal as 

the preferred alternative (no reduction 

in the commercial ACL), the benefits to 

the commercial sector would be 

minimal, and it would potentially create 

confusion for fishery stakeholders when 

revisiting sector allocations in the 

future. 

Three alternatives were considered for 

the action to update and/or establish 

ACTs for the Gulf group cobia zones. 

The first alternative, the no action 

alternative, would maintain the current 

formula for setting the Gulf cobia ACTs 

in the Gulf zone and FLEC zone. Under 

this alternative the Gulf zone ACT 

would be set at 90 percent of the Gulf 

zone ACL and the FLEC zone ACT 

would be set at the FLEC zone ACL 

multiplied by [(1-Proportional Standard 

Error [PSE] of the FLEC zone 

recreational landings) or 0.5, whichever 

is greater]. This alternative would result 

in the same ACT buffer for the Gulf zone 

of 10 percent relative to the preferred 

alternative. However, the FLEC zone 

recreational sector would retain a 17 

percent ACT buffer. This alternative was 

not selected by the Councils because 

they wanted a consistent method for 

setting ACTs in each zone. The second 

alternative is the preferred alternative. 

The third alternative would establish an 

ACT for the commercial sector in the 

FLEC zone using the Gulf Council’s 

ACL/ACT Control Rule. Relative to the 

preferred alternative, this alternative has 

the potential to reduce commercial 

fishing opportunities for FLEC zone 

cobia, as this sector has not historically 

had an ACT. Therefore, it would be 

expected to result in greater associated 

economic losses to commercial fishing 

businesses over the long term. This 

alternative was not selected by the 

Councils because the commercial quota 

monitoring system is effective and there 

is low risk of overages for the FLEC zone 

commercial sector. 

Four alternatives were considered for 

the action to modify the possession, 

vessel, and trip limits for cobia in the 

Gulf zone. The first alternative, the no 

action alternative, would retain the 

current commercial and recreational 

daily possession limit of two fish per 

person and would not implement a 

vessel or trip limit. Therefore, this 

alternative would not be expected to 

result in economic effects to small 

entities. This alternative was not 

selected by the Councils because it 

would forgo biological benefits to the 

stock afforded by reduced fishing 

pressure. The second alternative is the 

preferred alternative and contains two 

preferred options that would apply to 

both the recreational sector and the 

commercial sector, respectively. The 

third alternative, which was also 

selected as preferred, would create a 

recreational vessel limit; however, 

fishermen would not be allowed to 

exceed the per person daily possession 

limit. The third alternative contained 

three options. The first option was 

selected as preferred, which would set 

the recreational vessel limit at two fish 

per vessel per trip. The second and third 

options would set the vessel limit per 

trip at four fish and six fish, 

respectively. Changes to the recreational 

vessel limit would not have a direct 

economic effect on any small entities. 

The fourth and final alternative for this 

action, also selected as preferred, would 

set a commercial trip limit; however, 

fishermen would not be allowed to 

exceed the per person daily possession 

limit. The fourth alternative also 

contained three options. The first option 

was selected as preferred, which would 

set the commercial trip limit at two fish 

per trip. The second and third options 

would set the trip limit at four fish and 

six fish, respectively. Relative to the 

preferred option, these would be 

expected to result in commercial cobia 

landings that are 926 to 1,296 lb (420 to 

588 kg) greater. These additional 

landings would be worth an estimated 

$3,426 to $4,795 (2019 dollars) or less 

than $19 in ex-vessel revenue per vessel 

per year, on average. The Councils did 

not select the second and third options 

because they would be inconsistent 

with harvest limits in Florida state 

waters in the Gulf and, therefore, would 

not aid with compliance and 

enforcement. 

Four alternatives were considered for 

the action to modify the possession, 

vessel, and trip limits for cobia in the 

FLEC zone. The first alternative, the no 

action alternative, would retain the 

current recreational and commercial 

daily possession limit of two fish per 

person in the FLEC zone, and would not 

implement a vessel or trip limit. 

Therefore, this alternative would not be 

expected to result in economic effects to 

small entities. This alternative was not 

selected by the Councils because it 


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42698 Federal Register / Vol. 87, No. 136 / Monday, July 18, 2022 / Proposed Rules 

would forgo biological benefits to the 

stock afforded by reduced fishing 

pressure as well as a potentially longer 

recreational season. The second 

alternative is the preferred alternative 

and contains two preferred options that 

would apply to both the recreational 

sector and the commercial sector, 

respectively. The third alternative, 

which was also selected as preferred, 

would create a recreational vessel limit; 

however, fishermen would not be 

allowed to exceed the per person daily 

possession limit. The third alternative 

contained three options. The first option 

was selected as preferred, which would 

set the recreational vessel limit at two 

fish per vessel per trip. The second and 

third options would set the vessel limit 

per trip at four fish and six fish, 

respectively. Changes to the recreational 

vessel limit would not have a direct 

economic effect on any small entities. 

The fourth and final alternative for this 

action, also selected as preferred, would 

set a commercial vessel trip limit; 

however, fishermen would not be 

allowed to exceed the per person daily 

possession limit. The fourth alternative 

also contained three options. The first 

option was selected as preferred, which 

would set the commercial vessel trip 

limit at two fish per trip. The second 

and third options would set the 

commercial vessel trip limit at four fish 

and six fish, respectively. Relative to the 

preferred option, these would be 

expected to result in commercial cobia 

landings that are 2,626 lb (1,191 kg) 

greater. These additional landings 

would be worth an estimated $11,082 

(2019 dollars) or approximately $45 in 

ex-vessel revenue per vessel per year, on 

average. The Councils did not select the 

second and third options because they 

wanted to be consistent with the 

commercial trip limit proposed for the 

Gulf zone. 

Four alternatives were considered for 

the action to modify the Gulf cobia 

minimum size limit. The first 

alternative, the no action alternative, 

would retain the current commercial 

and recreational minimum size limit of 

36 inches (94.1 cm), fork length, in the 

Gulf zone and 33 inches (83.8 cm), fork 

length, in the FLEC zone. This would 

not be expected to result in economic 

effects on any small entities. The first 

alternative was not selected by the 

Councils, because they believed an 

increased minimum size limit in the 

FLEC zone would benefit the stock by 

allowing for a greater proportion of the 

stock to become sexually mature prior to 

being harvested. They also wanted 

consistent cobia size limits in Federal 

waters. The second alternative is the 

preferred alternative. The third 

alternative would increase the 

commercial and recreational minimum 

size limit to 39 inches (99.1 cm), fork 

length. The third alternative contained 

two options that would apply the 39 

inch (99.1 cm) minimum size limit to 

the Gulf zone and the FLEC zone, 

respectively. Increasing the minimum 

size limit to 39 inches (99.1 cm), fork 

length, from 36 inches (94.1 cm), fork 

length, in the Gulf zone would be 

expected to result in a loss of 9,618 lb 

(4,363 kg) and $35,586 (2019 dollars) in 

ex-vessel revenue ($136 per vessel per 

year, on average). In the FLEC zone, a 

minimum size limit of 39 inches (99.1 

cm), fork length, would lead to a loss in 

landings that is 9,498 lb (4,308 kg) 

greater than what is expected under the 

preferred alternative. This would 

translate into an additional $40,078 

(2019 dollars) reduction in ex-vessel 

revenue or $162 per vessel per year, on 

average, relative to the preferred 

alternative. The fourth and final 

alternative for this action would 

increase the commercial and 

recreational minimum size limit to 42 

inches (106.7 cm), fork length. The 

fourth alternative contained two options 

that would apply the 42 inch (106.7 cm) 

minimum size limit to the Gulf zone 

and the FLEC zone, respectively. 

Increasing the minimum size limit to 42 

inches (106.7 cm), fork length, would be 

expected to result in a loss of 19,287 lb 

(8,748 kg) and $71,361 (2019 dollars) in 

ex-vessel revenue ($273 per vessel per 

year, on average) in the Gulf zone. In the 

FLEC zone, a minimum size limit of 42 

inches (106.7 cm), fork length, would 

lead to a loss in landings that is 14,487 

lb (6,571 kg) greater than what is 

expected under the preferred 

alternative. This would translate into an 

additional $61,133 reduction in exvessel revenue or $247 per vessel per 

year, on average, relative to the 

preferred alternative. The Councils did 

not select the third or fourth alternative 

and two options for each of those two 

alternatives because they would 

indirectly drive fishing efforts to target 

more fecund female cobia, which may 

have a negative effect on the spawning 

stock biomass and could result in 

shorter fishing seasons due to heavier 

fish being landed. 

Finally, two alternatives were 

considered for the action to modify the 

framework procedure. The first 

alternative, the no action alternative, 

would not make any changes to the 

framework procedure and thus would 

not have any economic effects on any 

small entities. It was not selected by the 

Councils because it would forgo the 

biological, social, and economic benefits 

of allowing the South Atlantic Council 

to react quicker and be more responsive 

to updated scientific information or 

changes in fishing harvest for FLEC 

zone cobia. The second alternative is the 

preferred alternative. 

An additional item is contained in the 

proposed rule that is not included in 

Amendment 32, namely a revision to 

the language in 50 CFR 622.386(c). This 

revision would allow federallypermitted dealers to purchase cobia 

harvested in or from the Gulf or South 

Atlantic EEZ from any vessel, regardless 

of whether the vessel has been issued a 

Federal commercial vessel permit or a 

Federal charter vessel/headboat permit. 

It is unclear how many vessels and 

dealers would be impacted by this 

change; however, NMFS expects the 

direct economic effects to be positive 

because this change would expand the 

opportunity for federally and nonfederally permitted vessels, and 

federally-permitted dealers to sell or 

buy Gulf cobia, respectively. 

No duplicative, overlapping, or 

conflicting Federal rules have been 

identified. In addition, no new 

reporting, record-keeping, or other 

compliance requirements are introduced 

by this proposed rule. This proposed 

rule contains no information collection 

requirements under the Paperwork 

Reduction Act of 1995. 

List of Subjects in 50 CFR Part 622 

Annual catch limits, Bag and 

possession limits, Cobia, Fisheries, 

Fishing, Gulf of Mexico, Trip limits. 

Dated: July 13, 2022. 

Kimberly Damon-Randall, 

Acting Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 622 is proposed 

to be amended as follows: 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF OF MEXICO, AND 

SOUTH ATLANTIC 

■ 1. The authority citation for part 622 

continues to read as follows: 

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

■ 2. In § 622.380, revise paragraph 

(a)(1)(ii) to read as follows: 

§ 622.380 Size limits. 

* * * * * 

(a) * * * 

(1) * * * 

(ii) Florida east coast zone. 36 inches 

(91.4 cm), fork length. 

* * * * * 


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Federal Register / Vol. 87, No. 136 / Monday, July 18, 2022 / Proposed Rules 42699 

■ 3. In § 622.382, add paragraph (b) to 

read as follows: 

§ 622.382 Bag and possession limits. 

* * * * * 

(b) Gulf migratory group cobia—(1) 

Bag limits. The following applies to 

persons who fish for cobia in the Gulf 

zone or Florida east coast zone, and do 

not sell their catch. 

(i) 1 fish per person per day, not to 

exceed 2 fish per vessel per trip. 

(ii) [Reserved] 

(2) [Reserved] 

§ 622.383 [Removed and Reserved] 

■ 4. Remove and reserve § 622.383. 

■ 5. In § 622.384, revise paragraphs 

(d)(1) and (e)(2) to read as follows: 

§ 622.384 Quotas. 

* * * * * 

(d) * * * 

(1) Gulf migratory group—(i) Gulf 

zone. For the 2022 fishing year, the 

stock quota is 1,474,200 lb (668,686 kg). 

For the 2023 fishing year and 

subsequent fishing years, the stock 

quota is 1,564,920 lb (709,836 kg). 

(ii) Florida east coast zone. The 

following quotas apply to persons who 

fish for cobia and sell their catch. For 

the 2022 fishing year the quota is 76,960 

lb (34,908 kg). For the 2023 fishing year 

and subsequent fishing years the quota 

is 81,696 lb (37,057 kg). 

* * * * * 

(e) * * * 

(2) The sale or purchase of king 

mackerel, Spanish mackerel, or cobia of 

the closed species, migratory group, 

zone, or gear type is prohibited, 

including any king or Spanish mackerel 

taken under the bag and possession 

limits specified in § 622.382(a), or cobia 

taken under the bag and possession 

limits specified in § 622.382(b). The 

prohibition on the sale or purchase 

during a closure for coastal migratory 

pelagic fish does not apply to coastal 

migratory pelagic fish that were 

harvested, landed ashore, and sold prior 

to the effective date of the closure and 

were held in cold storage by a dealer or 

processor. 

■ 6. In § 622.385, add paragraph (c) to 

read as follows: 

§ 622.385 Commercial trip limits. 

* * * * * 

(c) Cobia. (1) [Reserved] 

(2) Gulf migratory group. The 

following trip limit applies to persons 

who fish for cobia and sell their catch. 

(i) Gulf zone and Florida east coast 

zone. Cobia in or from the EEZ may be 

possessed or landed in amounts not 

exceeding 1 fish per person and 2 fish 

per vessel. 

(ii) [Reserved] 

■ 7. In § 622.386, revise paragraph (c) to 

read as follows: 

§ 622.386 Restrictions on sale/purchase. 

* * * * * 

(c) Dealer receipt of fish. King or 

Spanish mackerel harvested in or from 

the Gulf, Mid-Atlantic, or South 

Atlantic EEZ may be first received by a 

dealer who has a valid Federal Gulf and 

South Atlantic dealer permit, as 

required under § 622.370(c)(1), only 

from a vessel that has a valid Federal 

commercial vessel permit for king or 

Spanish mackerel, as required under 

§ 622.370(a), or a valid Federal charter 

vessel/headboat permit for coastal 

migratory pelagic fish, as required under 

§ 622.370(b). 

* * * * * 

■ 8. In § 622.388, revise paragraph 

(e)(1)(ii), (e)(2)(ii)(A), and (e)(2)(iii) to 

read as follows: 

§ 622.388 Annual catch limits (ACLs), 

annual catch targets (ACTs), and 

accountability measures (AMs). 

* * * * * 

(e) * * * 

(1) * * * 

(ii) The stock ACLs for Gulf migratory 

group cobia in the Gulf zone are 

1,638,000 lb (742,984 kg) for 2022, and 

1,738,800 lb (788,706 kg) for 2023 and 

subsequent fishing years. 

(2) * * * 

(ii) * * * 

(A) If the sum of cobia landings that 

are sold and not sold, as estimated by 

the SRD, exceeds the stock ACL, as 

specified in paragraph (e)(2)(iii) of this 

section, the AA will file a notification 

with the Office of the Federal Register, 

at or near the beginning of the following 

fishing year to reduce the length of the 

following fishing season by the amount 

necessary to ensure landings may 

achieve the applicable ACT, but do not 

exceed the applicable ACL in the 

following fishing year. Further, during 

that following year, if necessary, the AA 

may file additional notification with the 

Office of the Federal Register to readjust 

the reduced fishing season to ensure 

harvest achieves the ACT but does not 

exceed the ACL. The applicable ACTs 

for the Florida east coast zone of cobia 

are 796,536 lb (361,303 kg) for 2022, and 

845,554 lb (383,537 kg) for 2023 and 

subsequent fishing years. The applicable 

ACLs for the Florida east coast zone of 

cobia are 885,040 lb (401,447 kg) for 

2022, and 939,504 lb (426,152 kg) for 

2023 and subsequent fishing years. 

* * * * * 

(iii) Stock ACLs. The stock ACLs for 

Florida east coast zone cobia are 

962,000 lb (436,356 kg) for 2022, and 

1,021,200 lb (463,209 kg) for 2023 and 

subsequent fishing years. 

[FR Doc. 2022–15272 Filed 7–15–22; 8:45 am] 

BILLING CODE 3510–22–P 


khammond on DSKJM1Z7X2PROD with PROPOSALS