83_FR_51621 83 FR 51424 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagics Resources in the Gulf of Mexico and Atlantic Region; Amendment 31

83 FR 51424 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagics Resources in the Gulf of Mexico and Atlantic Region; Amendment 31

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 197 (October 11, 2018)

Page Range51424-51426
FR Document2018-22000

The South Atlantic Fishery Management Council (South Atlantic Council) and Gulf of Mexico Fishery Management Council (Gulf Council) (Councils) have submitted Amendment 31 to the Fishery Management Plan (FMP) for Coastal Migratory Pelagics (CMP) of the Gulf of Mexico (Gulf) and Atlantic Region (Amendment 31) for review, approval, and implementation by NMFS. Amendment 31 would remove Atlantic migratory group cobia (Atlantic cobia) from Federal management under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act). At the same time, NMFS would implement comparable regulations under the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act) to replace the existing Magnuson-Stevens Act based regulations in Atlantic Federal waters. The purpose of Amendment 31 is to facilitate improved coordination of Atlantic cobia in state and Federal waters, thereby more effectively constraining harvest and preventing overfishing and decreasing adverse socio-economic effects to fishermen.

Federal Register, Volume 83 Issue 197 (Thursday, October 11, 2018)
[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Proposed Rules]
[Pages 51424-51426]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22000]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BI46


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagics Resources in the Gulf of Mexico and Atlantic 
Region; Amendment 31

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notification of availability; request for comments.

-----------------------------------------------------------------------

SUMMARY: The South Atlantic Fishery Management Council (South Atlantic 
Council) and Gulf of Mexico Fishery Management Council (Gulf Council) 
(Councils) have submitted Amendment 31 to the Fishery Management Plan 
(FMP) for Coastal Migratory Pelagics (CMP) of the Gulf of Mexico (Gulf) 
and Atlantic Region (Amendment 31) for review, approval, and 
implementation by NMFS. Amendment 31 would remove Atlantic migratory 
group cobia (Atlantic cobia) from Federal management under the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). At the same time, NMFS would implement comparable 
regulations under the Atlantic Coastal Fisheries Cooperative Management 
Act (Atlantic Coastal Act) to replace the existing Magnuson-Stevens Act 
based regulations in Atlantic Federal waters. The purpose of Amendment 
31 is to facilitate improved coordination of Atlantic cobia in state 
and Federal waters, thereby more effectively constraining harvest and 
preventing overfishing and decreasing adverse socio-economic effects to 
fishermen.

DATES: Written comments on Amendment 31 must be received by December 
10, 2018.

ADDRESSES: You may submit comments on Amendment 31, identified by 
``NOAA-NMFS-2018-0114,'' by either of the following methods:
     Electronic submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal: http://www.regulations.gov. Go to www.regulations.gov/#!docketDetail;D=NOAA-
NMFS-2018-0114 click the ``Comment Now!'' icon, complete the required 
fields, and enter or attach your comments.
     Mail: Submit written comments to Karla Gore, 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, etc.), 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 required fields if you wish to remain 
anonymous).
    Electronic copies Amendment 31 may be obtained from the Southeast 
Regional Office website at https://www.fisheries.noaa.gov/action/coastal-migratory-pelagics-amendment-31-management-atlantic-migratory-group-cobia. Amendment 31 includes an environmental assessment, a 
fishery impact statement, a regulatory impact review, and a Regulatory 
Flexibility Act (RFA) analysis.

FOR FURTHER INFORMATION CONTACT: Karla Gore, NMFS Southeast Regional 
Office, telephone: 727-551-5753, or email: karla.gore@noaa.gov.

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act requires each 
regional fishery management council to submit FMPs or amendments 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.

Background

    Through the CMP FMP, cobia is managed in two distinct migratory 
groups. The Gulf migratory group of cobia ranges in the Gulf from Texas 
through Florida and in the Atlantic includes cobia off the east coast 
of Florida. Atlantic cobia is managed from Georgia through New York. 
The boundary between the two migratory groups is the Georgia-Florida 
state boundary. Both Gulf and Atlantic cobia were assessed through 
SEDAR 28 in 2013 and neither stock was determined to be overfished or 
experiencing overfishing.
    The majority of Atlantic cobia landings occur in state waters and, 
despite closures in Federal water in recent years, recreational 
landings have exceeded the recreational annual catch limit (ACL) and 
the combined stock ACL. This has resulted in shortened fishing seasons, 
which have been ineffective at constraining harvest. Following overages 
of the recreational and combined stock ACLs in 2015 and 2016, Federal 
waters closures for recreational harvest occurred in both 2016 (June 
20) and 2017 (January 24). Additionally, Federal waters were closed to 
commercial harvest of Atlantic cobia in 2016 (December 5) and 2017 
(September 4), because the commercial ACL was projected to be reached 
during the fishing year.
    Allowable harvest in state waters following the Federal closures 
varied by time and area. Georgia did not close state waters to 
recreational harvest of Atlantic cobia in 2016 or 2017. South Carolina 
allowed harvest in 2016 during May in the Southern Cobia Management 
Zone and closed state waters in 2017 when Federal waters closed. Most 
harvest of Atlantic cobia off Georgia and South Carolina occurs in 
Federal waters. Off North Carolina, recreational harvest of Atlantic 
cobia closed on September 30, 2016; in 2017, harvest was allowed May 1 
through August 31. Off Virginia in 2016, harvest was allowed until 
August 30, 2016, and in 2017, Virginia allowed harvest June 1 through 
September 15. Harvest in state waters during the Federal closures 
contributed to the overage of the recreational ACL and the combined 
stock ACL.
    The South Atlantic Council requested that the Atlantic States 
Marine Fisheries Commission (ASMFC) consider complementary management 
measures for Atlantic cobia, as constraining harvest in Federal waters 
has not prevented the recreational and combined ACLs from being 
exceeded. The ASMFC consists of 15 Atlantic coastal states that manage 
and conserve their shared coastal fishery resources. The majority of 
ASMFC's fisheries decision-making occurs through the Interstate 
Fisheries Management Program, where species management boards determine 
management strategies that the states implement through fishing 
regulations.
    In May 2016, the ASMFC started developing an interstate FMP for 
Atlantic cobia with the purpose to

[[Page 51425]]

improve cobia management in the Atlantic. In April 2018, the ASFMC 
implemented their Interstate FMP, which established state management 
for Atlantic cobia. Each affected state developed an implementation 
plan that included regulations in their state waters. In addition, the 
ASMFC is currently amending the Interstate FMP for Atlantic cobia to 
establish a mechanism for recommending future management measures to 
NMFS. If Amendment 31 is implemented, such management recommendations 
would need to be implemented in Federal waters through the authority 
and process defined in the Atlantic Coastal Act.
    The management measures contained within the ASMFC's Interstate FMP 
are consistent with the current Federal regulations for Atlantic cobia. 
For the recreational sector, the management measures in the Interstate 
FMP include a recreational bag and possession limit of one fish per 
person, not to exceed six fish per vessel per day, and a minimum size 
limit of 36 inches (91.4 cm), fork length. For the commercial sector, 
the management measures in the Interstate FMP include a commercial 
possession limit of two cobia per person, not to exceed six fish per 
vessel, and a minimum size limit of 33 inches (83.8 cm), fork length. 
Under the ASMFC plan, regulations in each state must match, or be more 
restrictive than, the Interstate FMP management measures. Georgia, 
South Carolina, North Carolina, and Virginia have implemented more 
restrictive regulations for the recreational sector in their state 
waters than specified in the Interstate FMP. Those regulations include 
recreational bag and vessel limits, and minimum size limits, in 
addition to allowable fishing seasons. The Interstate FMP also provides 
the opportunity for states to declare de minimis status for their 
Atlantic cobia recreational sector, if a state's recreational landings 
for 2 of the previous 3 years is less than 1 percent of the coastwide 
recreational landings for the same time period. States in a de minimis 
status would be required to adopt the regulations (including season) of 
the closest adjacent non-de minimis state or accept a one fish per 
vessel per day trip limit and a minimum size limit of 29 inches (73.7 
cm), fork length. Maryland, Delaware, and New Jersey have declared a de 
minimis status.
    The Magnuson-Stevens Act requires a council to prepare an FMP for 
each fishery under its authority that requires conservation and 
management. Any stocks that are predominately caught in Federal waters 
and are overfished or subject to overfishing, or likely to become 
overfished or subject to overfishing, are considered to require 
conservation and management (50 CFR 600.305(c)(1)). Beyond such stocks, 
councils may determine that additional stocks require conservation and 
management. However, not every fishery requires Federal management and 
the NMFS National Standard Guidelines at 50 CFR 600.305(c) provide 
factors that NMFS and the councils should consider when considering 
removal of a stock from a FMP. This analysis is contained in Amendment 
31.
    Based on this analysis, the Councils and NMFS have determined that 
Atlantic cobia is no longer in need of conservation and management 
within the South Atlantic Council's jurisdiction and the stock is 
eligible for removal from the CMP FMP. The majority of Atlantic group 
cobia landings are in state waters and the stock is not overfished or 
undergoing overfishing. However, the CMP FMP has proven ineffective at 
resolving the primary ongoing user conflict between the recreational 
fishermen from different states, and it does not currently appear to be 
capable of promoting a more efficient utilization of the resource. Most 
significantly, the harvest of Atlantic cobia is adequately managed in 
state waters by the ASMFC and their Interstate FMP, which was 
implemented in April 2018. Georgia, South Carolina, North Carolina, and 
Virginia have implemented more restrictive recreational regulations 
than those specified in the Insterstate FMP. Furthermore, the 
Interstate FMP requires that if a state's average annual landings over 
the 3-year time period are greater than their annual harvest target, 
then that state must adjust their recreational season length or 
recreational vessel limits for the following 3 years, as necessary, to 
prevent exceeding their harvest target in the future years. For the 
commercial sector, the ASMFC's Interstate FMP specified management 
measures for Atlantic cobia that are consistent with the current ACL 
and AM specified in the Federal regulations implemented pursuant to the 
CMP FMP.
    Therefore, NMFS and the Councils have determined that management of 
Atlantic cobia by the states, in conjunction with the ASMFC and 
Secretary of Commerce, will be more effective at constraining harvest 
and preventing overfishing; thereby, offering greater biological 
protection to the stock and decreasing adverse socioeconomic effects to 
fishermen. Further, management of Atlantic cobia by ASMFC is expected 
to promote a more equitable distribution of harvest of the species 
among the states.

Action Contained in Amendment 31

    Amendment 31 would remove Atlantic cobia from Federal management 
under the Magnuson-Stevens Act. At the same time, NMFS would implement 
comparable regulations under the Atlantic Coastal Act to replace the 
existing Magnuson-Stevens Act based regulations in Federal waters.
    Current commercial management measures for Atlantic cobia include a 
minimum size limit of 33 inches (83.8 cm), fork length and a commercial 
trip limit of two fish per person per day, not to exceed six fish per 
vessel per day. Federal regulations for recreational harvest of 
Atlantic cobia in Federal waters include a minimum size limit of 36 
inches (91.4 cm), fork length and a bag and possession of one fish per 
person per day, not to exceed six fish per vessel per day.
    Under the authority of the Atlantic Coastal Act, NMFS would 
implement these same minimum size limits, recreational bag and 
possession limits, and commercial trip limits in Federal waters. 
Additionally, NMFS would implement regulations consistent with current 
CMP FMP regulations for the fishing year, general prohibitions, 
authorized gear, and landing fish intact provisions specific to 
Atlantic cobia.
    The current Atlantic cobia commercial ACL is 50,000 lb (22,680 kg) 
and the recreational ACL is 620,000 lb (281,227 kg). The proposed 
removal of Atlantic cobia from Federal management under the Magnuson-
Stevens Act would remove these sector ACLs. Thus, NMFS would implement 
a commercial quota of 50,000 lb (22,280 kg) through the Atlantic 
Coastal Act consistent with the current commercial ACL. The current 
commercial accountability measure (AM) requires that if commercial 
landings reach or are projected to reach the ACL, then commercial 
harvest will be prohibited for the remainder of the fishing year. NMFS 
would implement commercial quota closure provisions to prohibit 
commercial harvest once the commercial quota is reached or projected to 
be reached.
    The ASMFC's Interstate FMP has specified a recreational harvest 
limit (RHL) of 613,800 lb (278,415 kg) in state and Federal waters and 
state-by-state recreational quota shares (harvest targets) of the 
coastwide RHL. During the development of the Insterstate FMP, one 
percent of the amount of the recreational allocation of the current 
Federal ACL (initially 6,200 lb (2,812

[[Page 51426]]

kg)) was set aside to account for harvests in de minimis states 
(Maryland, Delaware, New Jersey). The harvest targets for each state, 
in both state and Federal waters, are 58,311 lb (26,449 kg) for 
Georgia, 74,885 lb (33,967 kg) for South Carolina, 236,316 lb (107,191 
kg) for North Carolina and 244,292 lb (110,809 kg) for Virginia. 
Percentage allocations are based on states' percentages of the 
coastwide historical landings in numbers of fish, derived as 50 percent 
of the 10-year average landings from 2006-2015 and 50 percent of the 5-
year average landings from 2011-2015.
    The proposed removal of Atlantic cobia from Federal management 
under the Magnuson-Stevens Act would remove the recreational sector AM 
for Atlantic cobia. The recreational AM requires that both the 
recreational ACL and the stock ACL are exceeded in a fishing year then 
in the following fishing year, recreational landings will be monitored 
for a persistence in increased landings, and, if necessary, the 
recreational vessel limit will be reduced to no less than 2 fish per 
vessel to ensure recreational landings achieve the recreational annual 
catch target, but do not exceed the recreational ACL in that fishing 
year. Additionally, if the reduction in the recreational vessel limit 
is determined to be insufficient to ensure that recreational landings 
will not exceed the recreational ACL, then the length of the 
recreational fishing season will also be reduced.
    In place of the current recreational AM, state-defined regulations 
and seasons implemented consistent with the ASMFC's Interstate FMP are 
designed to keep harvest within the state harvest targets. If a state's 
average annual landings over the 3-year time period are greater than 
their annual harvest target, then the Insterstate FMP requires the 
state to adjust their recreational season length or recreational vessel 
limits for the following 3 years, as necessary, to prevent exceeding 
their harvest target in the future years.
    If Amendment 31 is subsequently approved and implemented, Atlantic 
cobia would be managed under the ASMFC Interstate FMP in state waters 
and through Atlantic Coastal Act regulations in Federal waters. This 
will ensure that Atlantic cobia continues to be managed in Federal 
waters and that there would be no lapse in management of the stock. 
These regulations would be expected to be implemented concurrently with 
the removal of Atlantic cobia from the CMP FMP and serve essentially 
the same function as the current CMP FMP based management measures.

Proposed Rule for Amendment 31

    A proposed rule that would implement Amendment 31 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 Councils have submitted Amendment 31 for Secretarial review, 
approval, and implementation. Comments on Amendment 31 must be received 
by December 10, 2018. Comments received during the respective comment 
periods, whether specifically directed to Amendment 31 or the proposed 
rule, will be considered by NMFS in the decision to approve, 
disapprove, or partially approve Amendment 31. Comments received after 
the comment periods will not be considered by NMFS in this decision. 
All comments received by NMFS on Amendment 31 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: October 4, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-22000 Filed 10-10-18; 8:45 am]
BILLING CODE 3510-22-P



                                                51424                 Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Proposed Rules

                                                *      *     *       *      *                              • Electronic submission: Submit all                groups is the Georgia-Florida state
                                                  Dated: August 14, 2018.                               electronic public comments via the                    boundary. Both Gulf and Atlantic cobia
                                                James W. Kurth,
                                                                                                        Federal e-Rulemaking Portal: http://                  were assessed through SEDAR 28 in
                                                                                                        www.regulations.gov. Go to                            2013 and neither stock was determined
                                                Deputy Director, U.S. Fish and Wildlife
                                                Service, Exercising the Authority of the
                                                                                                        www.regulations.gov/#!docketDetail;                   to be overfished or experiencing
                                                Director, U.S. Fish and Wildlife Service.               D=NOAA-NMFS-2018-0114 click the                       overfishing.
                                                                                                        ‘‘Comment Now!’’ icon, complete the                      The majority of Atlantic cobia
                                                [FR Doc. 2018–22013 Filed 10–10–18; 8:45 am]
                                                                                                        required fields, and enter or attach your             landings occur in state waters and,
                                                BILLING CODE 4333–15–C
                                                                                                        comments.                                             despite closures in Federal water in
                                                                                                           • Mail: Submit written comments to                 recent years, recreational landings have
                                                                                                        Karla Gore, NMFS Southeast Regional                   exceeded the recreational annual catch
                                                DEPARTMENT OF COMMERCE
                                                                                                        Office, 263 13th Avenue South St.                     limit (ACL) and the combined stock
                                                National Oceanic and Atmospheric                        Petersburg, FL 33701.                                 ACL. This has resulted in shortened
                                                Administration                                             • Instructions: Comments sent by any               fishing seasons, which have been
                                                                                                        other method, to any other address or                 ineffective at constraining harvest.
                                                50 CFR Part 622                                         individual, or received after the end of              Following overages of the recreational
                                                                                                        the comment period, may not be                        and combined stock ACLs in 2015 and
                                                RIN 0648–BI46                                           considered by NMFS. All comments                      2016, Federal waters closures for
                                                                                                        received are a part of the public record              recreational harvest occurred in both
                                                Fisheries of the Caribbean, Gulf of                                                                           2016 (June 20) and 2017 (January 24).
                                                Mexico, and South Atlantic; Coastal                     and will generally be posted for public
                                                                                                        viewing on www.regulations.gov                        Additionally, Federal waters were
                                                Migratory Pelagics Resources in the                                                                           closed to commercial harvest of Atlantic
                                                Gulf of Mexico and Atlantic Region;                     without change. All personal identifying
                                                                                                        information (e.g., name, address, etc.),              cobia in 2016 (December 5) and 2017
                                                Amendment 31                                                                                                  (September 4), because the commercial
                                                                                                        confidential business information, or
                                                AGENCY:  National Marine Fisheries                      otherwise sensitive information                       ACL was projected to be reached during
                                                Service (NMFS), National Oceanic and                    submitted voluntarily by the sender will              the fishing year.
                                                Atmospheric Administration (NOAA),                      be publicly accessible. NMFS will                        Allowable harvest in state waters
                                                Commerce.                                               accept anonymous comments (enter                      following the Federal closures varied by
                                                                                                        ‘‘N/A’’ in required fields if you wish to             time and area. Georgia did not close
                                                ACTION: Notification of availability;
                                                                                                        remain anonymous).                                    state waters to recreational harvest of
                                                request for comments.                                                                                         Atlantic cobia in 2016 or 2017. South
                                                                                                           Electronic copies Amendment 31 may
                                                SUMMARY:    The South Atlantic Fishery                  be obtained from the Southeast Regional               Carolina allowed harvest in 2016 during
                                                Management Council (South Atlantic                      Office website at https://www.fisheries.              May in the Southern Cobia Management
                                                Council) and Gulf of Mexico Fishery                     noaa.gov/action/coastal-migratory-                    Zone and closed state waters in 2017
                                                Management Council (Gulf Council)                       pelagics-amendment-31-management-                     when Federal waters closed. Most
                                                (Councils) have submitted Amendment                     atlantic-migratory-group-cobia.                       harvest of Atlantic cobia off Georgia and
                                                31 to the Fishery Management Plan                       Amendment 31 includes an                              South Carolina occurs in Federal waters.
                                                (FMP) for Coastal Migratory Pelagics                    environmental assessment, a fishery                   Off North Carolina, recreational harvest
                                                (CMP) of the Gulf of Mexico (Gulf) and                                                                        of Atlantic cobia closed on September
                                                                                                        impact statement, a regulatory impact
                                                Atlantic Region (Amendment 31) for                                                                            30, 2016; in 2017, harvest was allowed
                                                                                                        review, and a Regulatory Flexibility Act
                                                review, approval, and implementation                                                                          May 1 through August 31. Off Virginia
                                                                                                        (RFA) analysis.
                                                by NMFS. Amendment 31 would                                                                                   in 2016, harvest was allowed until
                                                                                                        FOR FURTHER INFORMATION CONTACT:                      August 30, 2016, and in 2017, Virginia
                                                remove Atlantic migratory group cobia                   Karla Gore, NMFS Southeast Regional
                                                (Atlantic cobia) from Federal                                                                                 allowed harvest June 1 through
                                                                                                        Office, telephone: 727–551–5753, or                   September 15. Harvest in state waters
                                                management under the Magnuson-                          email: karla.gore@noaa.gov.
                                                Stevens Fishery Conservation and                                                                              during the Federal closures contributed
                                                                                                        SUPPLEMENTARY INFORMATION: The                        to the overage of the recreational ACL
                                                Management Act (Magnuson-Stevens
                                                                                                        Magnuson-Stevens Act requires each                    and the combined stock ACL.
                                                Act). At the same time, NMFS would
                                                                                                        regional fishery management council to                   The South Atlantic Council requested
                                                implement comparable regulations
                                                                                                        submit FMPs or amendments to NMFS                     that the Atlantic States Marine Fisheries
                                                under the Atlantic Coastal Fisheries                                                                          Commission (ASMFC) consider
                                                                                                        for review and approval, partial
                                                Cooperative Management Act (Atlantic                                                                          complementary management measures
                                                                                                        approval, or disapproval. The
                                                Coastal Act) to replace the existing                                                                          for Atlantic cobia, as constraining
                                                                                                        Magnuson-Stevens Act also requires
                                                Magnuson-Stevens Act based                                                                                    harvest in Federal waters has not
                                                                                                        that NMFS, upon receiving an FMP or
                                                regulations in Atlantic Federal waters.                                                                       prevented the recreational and
                                                                                                        amendment, publish an announcement
                                                The purpose of Amendment 31 is to                                                                             combined ACLs from being exceeded.
                                                                                                        in the Federal Register notifying the
                                                facilitate improved coordination of                                                                           The ASMFC consists of 15 Atlantic
                                                                                                        public that the FMP or amendment is
                                                Atlantic cobia in state and Federal                                                                           coastal states that manage and conserve
                                                                                                        available for review and comment.
                                                waters, thereby more effectively                                                                              their shared coastal fishery resources.
                                                constraining harvest and preventing                     Background
                                                                                                                                                              The majority of ASMFC’s fisheries
                                                overfishing and decreasing adverse                        Through the CMP FMP, cobia is                       decision-making occurs through the
khammond on DSK30JT082PROD with PROPOSAL




                                                socio-economic effects to fishermen.                    managed in two distinct migratory                     Interstate Fisheries Management
                                                DATES: Written comments on                              groups. The Gulf migratory group of                   Program, where species management
                                                Amendment 31 must be received by                        cobia ranges in the Gulf from Texas                   boards determine management strategies
                                                December 10, 2018.                                      through Florida and in the Atlantic                   that the states implement through
                                                ADDRESSES: You may submit comments                      includes cobia off the east coast of                  fishing regulations.
                                                on Amendment 31, identified by                          Florida. Atlantic cobia is managed from                  In May 2016, the ASMFC started
                                                ‘‘NOAA–NMFS–2018–0114,’’ by either                      Georgia through New York. The                         developing an interstate FMP for
                                                of the following methods:                               boundary between the two migratory                    Atlantic cobia with the purpose to


                                           VerDate Sep<11>2014   20:17 Oct 10, 2018   Jkt 247001   PO 00000   Frm 00025   Fmt 4702   Sfmt 4702   E:\FR\FM\11OCP1.SGM   11OCP1


                                                                      Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Proposed Rules                                         51425

                                                improve cobia management in the                         become overfished or subject to                       equitable distribution of harvest of the
                                                Atlantic. In April 2018, the ASFMC                      overfishing, are considered to require                species among the states.
                                                implemented their Interstate FMP,                       conservation and management (50 CFR
                                                                                                                                                              Action Contained in Amendment 31
                                                which established state management for                  600.305(c)(1)). Beyond such stocks,
                                                Atlantic cobia. Each affected state                     councils may determine that additional                   Amendment 31 would remove
                                                developed an implementation plan that                   stocks require conservation and                       Atlantic cobia from Federal
                                                included regulations in their state                     management. However, not every                        management under the Magnuson-
                                                waters. In addition, the ASMFC is                       fishery requires Federal management                   Stevens Act. At the same time, NMFS
                                                currently amending the Interstate FMP                   and the NMFS National Standard                        would implement comparable
                                                for Atlantic cobia to establish a                       Guidelines at 50 CFR 600.305(c) provide               regulations under the Atlantic Coastal
                                                mechanism for recommending future                       factors that NMFS and the councils                    Act to replace the existing Magnuson-
                                                management measures to NMFS. If                         should consider when considering                      Stevens Act based regulations in Federal
                                                Amendment 31 is implemented, such                       removal of a stock from a FMP. This                   waters.
                                                management recommendations would                        analysis is contained in Amendment 31.                   Current commercial management
                                                need to be implemented in Federal                                                                             measures for Atlantic cobia include a
                                                                                                           Based on this analysis, the Councils
                                                waters through the authority and                                                                              minimum size limit of 33 inches (83.8
                                                                                                        and NMFS have determined that
                                                process defined in the Atlantic Coastal                                                                       cm), fork length and a commercial trip
                                                                                                        Atlantic cobia is no longer in need of
                                                Act.                                                                                                          limit of two fish per person per day, not
                                                                                                        conservation and management within
                                                   The management measures contained                                                                          to exceed six fish per vessel per day.
                                                                                                        the South Atlantic Council’s jurisdiction
                                                within the ASMFC’s Interstate FMP are                                                                         Federal regulations for recreational
                                                                                                        and the stock is eligible for removal
                                                consistent with the current Federal                                                                           harvest of Atlantic cobia in Federal
                                                                                                        from the CMP FMP. The majority of                     waters include a minimum size limit of
                                                regulations for Atlantic cobia. For the                 Atlantic group cobia landings are in
                                                recreational sector, the management                                                                           36 inches (91.4 cm), fork length and a
                                                                                                        state waters and the stock is not                     bag and possession of one fish per
                                                measures in the Interstate FMP include                  overfished or undergoing overfishing.
                                                a recreational bag and possession limit                                                                       person per day, not to exceed six fish
                                                                                                        However, the CMP FMP has proven                       per vessel per day.
                                                of one fish per person, not to exceed six               ineffective at resolving the primary
                                                fish per vessel per day, and a minimum                                                                           Under the authority of the Atlantic
                                                                                                        ongoing user conflict between the                     Coastal Act, NMFS would implement
                                                size limit of 36 inches (91.4 cm), fork                 recreational fishermen from different
                                                length. For the commercial sector, the                                                                        these same minimum size limits,
                                                                                                        states, and it does not currently appear              recreational bag and possession limits,
                                                management measures in the Interstate
                                                                                                        to be capable of promoting a more                     and commercial trip limits in Federal
                                                FMP include a commercial possession
                                                                                                        efficient utilization of the resource.                waters. Additionally, NMFS would
                                                limit of two cobia per person, not to
                                                                                                        Most significantly, the harvest of                    implement regulations consistent with
                                                exceed six fish per vessel, and a
                                                                                                        Atlantic cobia is adequately managed in               current CMP FMP regulations for the
                                                minimum size limit of 33 inches (83.8
                                                                                                        state waters by the ASMFC and their                   fishing year, general prohibitions,
                                                cm), fork length. Under the ASMFC
                                                                                                        Interstate FMP, which was implemented                 authorized gear, and landing fish intact
                                                plan, regulations in each state must
                                                                                                        in April 2018. Georgia, South Carolina,               provisions specific to Atlantic cobia.
                                                match, or be more restrictive than, the
                                                                                                        North Carolina, and Virginia have                        The current Atlantic cobia
                                                Interstate FMP management measures.
                                                                                                        implemented more restrictive                          commercial ACL is 50,000 lb (22,680 kg)
                                                Georgia, South Carolina, North Carolina,
                                                and Virginia have implemented more                      recreational regulations than those                   and the recreational ACL is 620,000 lb
                                                restrictive regulations for the                         specified in the Insterstate FMP.                     (281,227 kg). The proposed removal of
                                                recreational sector in their state waters               Furthermore, the Interstate FMP                       Atlantic cobia from Federal
                                                than specified in the Interstate FMP.                   requires that if a state’s average annual             management under the Magnuson-
                                                Those regulations include recreational                  landings over the 3-year time period are              Stevens Act would remove these sector
                                                bag and vessel limits, and minimum                      greater than their annual harvest target,             ACLs. Thus, NMFS would implement a
                                                size limits, in addition to allowable                   then that state must adjust their                     commercial quota of 50,000 lb (22,280
                                                fishing seasons. The Interstate FMP also                recreational season length or                         kg) through the Atlantic Coastal Act
                                                provides the opportunity for states to                  recreational vessel limits for the                    consistent with the current commercial
                                                declare de minimis status for their                     following 3 years, as necessary, to                   ACL. The current commercial
                                                Atlantic cobia recreational sector, if a                prevent exceeding their harvest target in             accountability measure (AM) requires
                                                state’s recreational landings for 2 of the              the future years. For the commercial                  that if commercial landings reach or are
                                                previous 3 years is less than 1 percent                 sector, the ASMFC’s Interstate FMP                    projected to reach the ACL, then
                                                of the coastwide recreational landings                  specified management measures for                     commercial harvest will be prohibited
                                                for the same time period. States in a de                Atlantic cobia that are consistent with               for the remainder of the fishing year.
                                                minimis status would be required to                     the current ACL and AM specified in                   NMFS would implement commercial
                                                adopt the regulations (including season)                the Federal regulations implemented                   quota closure provisions to prohibit
                                                of the closest adjacent non-de minimis                  pursuant to the CMP FMP.                              commercial harvest once the
                                                state or accept a one fish per vessel per                  Therefore, NMFS and the Councils                   commercial quota is reached or
                                                day trip limit and a minimum size limit                 have determined that management of                    projected to be reached.
                                                of 29 inches (73.7 cm), fork length.                    Atlantic cobia by the states, in                         The ASMFC’s Interstate FMP has
                                                Maryland, Delaware, and New Jersey                      conjunction with the ASMFC and                        specified a recreational harvest limit
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                                                have declared a de minimis status.                      Secretary of Commerce, will be more                   (RHL) of 613,800 lb (278,415 kg) in state
                                                   The Magnuson-Stevens Act requires a                  effective at constraining harvest and                 and Federal waters and state-by-state
                                                council to prepare an FMP for each                      preventing overfishing; thereby, offering             recreational quota shares (harvest
                                                fishery under its authority that requires               greater biological protection to the stock            targets) of the coastwide RHL. During
                                                conservation and management. Any                        and decreasing adverse socioeconomic                  the development of the Insterstate FMP,
                                                stocks that are predominately caught in                 effects to fishermen. Further,                        one percent of the amount of the
                                                Federal waters and are overfished or                    management of Atlantic cobia by                       recreational allocation of the current
                                                subject to overfishing, or likely to                    ASMFC is expected to promote a more                   Federal ACL (initially 6,200 lb (2,812


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                                                51426                 Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Proposed Rules

                                                kg)) was set aside to account for harvests              the current CMP FMP based                             SUMMARY:    Pursuant to the Commerce,
                                                in de minimis states (Maryland,                         management measures.                                  Justice, Science, and Related Agencies
                                                Delaware, New Jersey). The harvest                                                                            Appropriations Act, 2018 and the
                                                                                                        Proposed Rule for Amendment 31
                                                targets for each state, in both state and                                                                     Magnuson-Stevens Fishery
                                                Federal waters, are 58,311 lb (26,449 kg)                 A proposed rule that would                          Conservation and Management Act
                                                for Georgia, 74,885 lb (33,967 kg) for                  implement Amendment 31 has been                       (MSA), NMFS is proposing a
                                                South Carolina, 236,316 lb (107,191 kg)                 drafted. In accordance with the                       Traceability Information Program for
                                                for North Carolina and 244,292 lb                       Magnuson-Stevens Act, NMFS is                         Seafood to establish registration,
                                                (110,809 kg) for Virginia. Percentage                   evaluating the proposed rule to                       reporting and recordkeeping
                                                allocations are based on states’                        determine whether it is consistent with               requirements for U.S. aquaculture
                                                percentages of the coastwide historical                 the CMP FMP, the Magnuson-Stevens                     producers of shrimp and abalone, two
                                                landings in numbers of fish, derived as                 Act, and other applicable laws. If that               species subject to the Seafood
                                                50 percent of the 10-year average                       determination is affirmative, NMFS will               Traceability Program, also known as the
                                                landings from 2006–2015 and 50                          publish the proposed rule in the Federal              Seafood Import Monitoring Program
                                                percent of the 5-year average landings                  Register for public review and                        (SIMP). This proposed rule, if finalized,
                                                from 2011–2015.                                         comment.                                              would provide traceability for these
                                                   The proposed removal of Atlantic                     Consideration of Public Comments                      species from the point of production to
                                                cobia from Federal management under                                                                           entry into U.S. commerce. Collection of
                                                the Magnuson-Stevens Act would                             The Councils have submitted                        traceability information for U.S.
                                                remove the recreational sector AM for                   Amendment 31 for Secretarial review,                  aquacultured shrimp and abalone will
                                                Atlantic cobia. The recreational AM                     approval, and implementation.                         be accomplished by electronic
                                                requires that both the recreational ACL                 Comments on Amendment 31 must be                      submission of data to NMFS. This rule
                                                and the stock ACL are exceeded in a                     received by December 10, 2018.                        would require owners or operators of
                                                fishing year then in the following                      Comments received during the                          U.S. inland, coastal and marine
                                                fishing year, recreational landings will                respective comment periods, whether                   commercial aquaculture facilities
                                                be monitored for a persistence in                       specifically directed to Amendment 31                 (‘‘producers’’) to report information
                                                increased landings, and, if necessary,                  or the proposed rule, will be considered              about production and entry into U.S.
                                                the recreational vessel limit will be                   by NMFS in the decision to approve,                   commerce of shrimp and abalone
                                                reduced to no less than 2 fish per vessel               disapprove, or partially approve                      products. In addition, this rule would
                                                to ensure recreational landings achieve                 Amendment 31. Comments received                       require producers to register with NMFS
                                                the recreational annual catch target, but               after the comment periods will not be                 and retain records pertaining to the
                                                do not exceed the recreational ACL in                   considered by NMFS in this decision.                  production of shrimp and abalone and
                                                that fishing year. Additionally, if the                 All comments received by NMFS on                      entry of those products into U.S.
                                                reduction in the recreational vessel limit              Amendment 31 or the proposed rule                     commerce. This proposed rule serves as
                                                is determined to be insufficient to                     during their respective comment                       a domestic counterpart to the shrimp
                                                ensure that recreational landings will                  periods will be addressed in the final                and abalone import requirements under
                                                not exceed the recreational ACL, then                   rule.                                                 SIMP, and will help NMFS verify that
                                                the length of the recreational fishing                    Authority: 16 U.S.C. 1801 et seq.                   U.S. aquacultured shrimp and abalone
                                                season will also be reduced.                              Dated: October 4, 2018.
                                                                                                                                                              were lawfully produced by providing
                                                   In place of the current recreational                                                                       information to trace each production
                                                                                                        Margo B. Schulze-Haugen,
                                                AM, state-defined regulations and                                                                             event(s) to entry of the fish or fish
                                                                                                        Acting Director, Office of Sustainable                products into U.S. commerce. The rule
                                                seasons implemented consistent with                     Fisheries, National Marine Fisheries Service.
                                                the ASMFC’s Interstate FMP are                                                                                will also decrease the incidence of
                                                                                                        [FR Doc. 2018–22000 Filed 10–10–18; 8:45 am]
                                                designed to keep harvest within the                                                                           seafood fraud by requiring the reporting
                                                                                                        BILLING CODE 3510–22–P                                of this information to the U.S.
                                                state harvest targets. If a state’s average
                                                annual landings over the 3-year time                                                                          Government at the point of entry into
                                                period are greater than their annual                                                                          U.S. commerce so that the information
                                                                                                        DEPARTMENT OF COMMERCE
                                                harvest target, then the Insterstate FMP                                                                      reported (e.g., regarding species and
                                                requires the state to adjust their                      National Oceanic and Atmospheric                      harvest location) can be verified.
                                                recreational season length or                           Administration                                        DATES: Written comments must be
                                                recreational vessel limits for the                                                                            received by November 26, 2018.
                                                following 3 years, as necessary, to                     50 CFR Part 698                                       ADDRESSES: Written comments on this
                                                prevent exceeding their harvest target in                                                                     action, identified by NOAA–NMFS–
                                                the future years.                                       [Docket No. 180328324–8464–01]                        2018–0055, may be submitted by either
                                                   If Amendment 31 is subsequently                                                                            of the following methods:
                                                approved and implemented, Atlantic                      RIN 0648–BH87                                            • Federal eRulemaking Portal: Go to
                                                cobia would be managed under the                                                                              Docket Number NOAA–NMFS–2018–
                                                ASMFC Interstate FMP in state waters                    Magnuson-Stevens Fishery                              0055, click the ‘‘Comment Now!’’ icon,
                                                and through Atlantic Coastal Act                        Conservation and Management Act;                      complete the required fields, and enter
                                                regulations in Federal waters. This will                Traceability Information Program for                  or attach your comments.
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                                                ensure that Atlantic cobia continues to                 Seafood                                                  • Mail: Celeste Leroux, Office of
                                                be managed in Federal waters and that                   AGENCY:  National Marine Fisheries                    International Affairs and Seafood
                                                there would be no lapse in management                   Service (NMFS), National Oceanic and                  Inspection, NOAA Fisheries, 1315 East-
                                                of the stock. These regulations would be                Atmospheric Administration (NOAA),                    West Highway, Silver Spring, MD
                                                expected to be implemented                              Commerce.                                             20910.
                                                concurrently with the removal of                                                                                 Instructions: All comments received
                                                                                                        ACTION: Proposed rule; request for
                                                Atlantic cobia from the CMP FMP and                                                                           are a part of the public record and will
                                                                                                        comments.
                                                serve essentially the same function as                                                                        generally be posted to http://


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Document Created: 2018-10-11 15:36:16
Document Modified: 2018-10-11 15:36:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotification of availability; request for comments.
DatesWritten comments on Amendment 31 must be received by December 10, 2018.
ContactKarla Gore, NMFS Southeast Regional Office, telephone: 727-551-5753, or email: [email protected]
FR Citation83 FR 51424 
RIN Number0648-BI46

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