NOAA Requests Comments on an Amendment to Revise the Gulf of Mexico Migratory Group Cobia Catch Limits, Possession Limits, and Size Limits

Key Messages:

• NOAA Fisheries is requesting public comments on Amendment 32 to the Fishery Management Plan for the Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region.  NOAA Fisheries will also be requesting comments on a proposed rule for Amendment 32.
• Amendment 32 would:
  • Modify the units used to monitor Gulf of Mexico migratory group cobia landings from the Marine Recreational Information Program (MRIP) Coastal Household Telephone Survey to the MRIP Fishing Effort Survey,
  • Modify the apportionment of Gulf of Mexico migratory group cobia stock annual catch limit between the Gulf of Mexico and Florida East Coast Zones,
  • Specify a new overfishing limit and acceptable biological catch,
  • Modify the Framework Procedure to clarify the Gulf of Mexico Fishery Management Council and South Atlantic Fishery Management Council responsibilities for Gulf of Mexico migratory group cobia and make some clarifying edits to language regarding the acceptable biological catch control rule.
• The rule would:
  • Revise Gulf of Mexico migratory group cobia annual catch limits and annual catch targets in the Gulf of Mexico Zone and Florida East Coast Zone,
  • Increase the minimum size limit in the Florida East Coast Zone for both sectors,
  • Modify the possession limit to be a bag limit for the recreational sector and a trip limit for the commercial sector in both zones,
  • Create a recreational vessel limit and commercial trip limit in both zones,
  • Clarify Coastal Migratory Pelagic permitting requirements for sale and purchase provisions.
• NOAA Fisheries requests your comments regarding the changes Amendment 32 would make to Gulf of Mexico migratory group cobia management in federal waters.  Comments are due by September 6, 2022.
• Comments on both the amendment and proposed rule will be considered in the final rule. 
• Although the most recent population assessment did not show Gulf of Mexico migratory group cobia was being overfished (the populations is too low), it did show it was undergoing overfishing (too many fish being caught). 

Summary of Proposed Changes in Amendment 32 and Proposed Rule:

• Revise the Gulf of Mexico migratory group cobia stock annual catch limit apportionment from 64% for the Gulf of Mexico Zone and 36% for the Florida East Coast Zone, to 63% Gulf of Mexico Zone and 37% Florida East Coast Zone.
• Retain the Florida East Coast Zone sector allocation of 92% recreational and 8% commercial.
• Retain the Gulf of Mexico Zone stock annual catch target buffer of 10%.
• Reduce the Florida East Coast Zone recreational annual catch target buffer from 17% to 10%.
• Increase the minimum size limit to 36 inches fork length for both sectors in the Florida East Coast Zone
• Retain the minimum size limit of 36 inches fork length for both sectors in the Gulf of Mexico Zone.
• Create a recreational bag limit in both zones of 1 fish per person per day, regardless of the number or duration of trips.
• Create a recreational vessel limit in both zones of 2 fish per trip, not to exceed the per person bag limit.
• Create a commercial trip limit in both zones of 1 fish per person per day, regardless of the number or duration of trips, and a vessel limit of 2 fish per trip, not to exceed the per person limit.
• Revise the overfishing limit, acceptable biological catch, zone and sector annual catch limits and annual catch targets as indicated in Table 1 below.

Table 1.  Current and proposed overfishing limit (OFL), acceptable biological catch (ABC), population stock annual catch limit (ACL) , Gulf of Mexico Zone stock annual catch limit (ACL) and annual catch target (ACT), Florida East Coast Zone annual catch limit, sector annual catch limits, and recreational sector annual catch target in pounds landed weight.** 

**Note that current recreational portion of the annual catch limits and annual catch targets are in MRIP-Coastal Household Telephone Survey units and the proposed recreational portion of the annual catch limits and annual catch targets are in MRIP-Fishing Effort Survey units.  The reduction shows the percent change in the proposed Gulf of Mexico Zone stock annual catch limit and annual catch target and Florida East Coast Zone sector annual catch limits and recreational annual catch target (recreational values are in MRIP-Fishing Effort Survey units). 

How to Comment On the Notice of Availability and Proposed Rule:

The comment period for the Notice of Availability is open now through September 6, 2022.  You may submit comments by electronic submission or by postal mail.  Comments sent by any other method (such as e-mail), to any other address or individual, or received after the end of the comment period, may not be considered by NOAA Fisheries. 

Formal Federal Register Name/Number:  87 FR 40478, published July 7, 2022.

Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal. 

1. Go to: https://www.regulations.gov/docket/NOAA-NMFS-2022-0030/document

2. Click the "Comment Now!" icon, complete the required fields.

3. 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.

Frequently Asked Questions

What is NOAA Fisheries announcing today?

• NOAA Fisheries is announcing a public comment period for Amendment 32 to revise the Gulf of Mexico migratory group cobia catch limits, possession limits, and minimum size limits.  NOAA Fisheries will also be requesting comments on a proposed rule for Amendment 32.
• The comment period on the amendment is open from July 7, 2022, through September 6, 2022.
• There will also be a 30-day comment period for the proposed rule; however, the proposed rule has not published yet.
• This action sets the Gulf of Mexico migratory group cobia stock overfishing limit, acceptable biological catch, and annual catch limit consistent with the Gulf and South Atlantic Fishery Management Councils’ Scientific and Statistical Committees’ recommendations, and modifies management measures for the species. 

Why are the catch limits being reduced?

• The most recent Southeast Data, Assessment, and Review population assessment for Gulf of Mexico migratory group cobia, known as the SEDAR 38 Update, showed the stock was not overfished, but was undergoing overfishing. 
• SEDAR 38 Update used updated recreational catch and effort data from MRIP Fishing Effort Survey, which estimated larger than previously calculated catch and effort for the recreational sector. 
• Because MRIP- Fishing Effort Survey data were used, estimates of historic recreational landings were greater than in previous assessments.
• The use of MRIP-Fishing Effort Survey also resulted in increased estimates of virgin spawning stock biomass, recruitment, and projected yields.  However, SEDAR 28 Update indicated that Gulf of Mexico migratory group cobia had reduced biomass levels.
• The “increase” in the recommended catch limits compared to the current catch limits is largely a result of converting the recreational catch and effort data to the MRIP-Fishing Effort Survey data currency.  Had the MRIP Fishing Effort Survey data been available for SEDAR 28 and the subsequent annual catch limit recommendations in 2013, the current annual catch limit recommendations represent an approximate 37-49% reduction.
• The Gulf of Mexico and South Atlantic Fishery Management Councils’ Scientific and Statistical Committees recommended reduction in annual catch limits addresses the overfishing status of the Gulf of Mexico migratory group cobia stock.

What are the proposed sector allocations in the Florida East Coast Zone and how were they determined?

• The proposed Florida East Coast Zone sector allocations are 92% recreational and 8% commercial.
• The Florida East Coast Zone sector allocations were originally determined by using the South Atlantic Fishery Management Council’s allocation formula for Atlantic Group cobia based on MRIP-Coastal Household Telephone Survey landings, which balanced historical catches (2000-2008) with more recent landings (2006-2008).
• The Gulf of Mexico and South Atlantic Fishery Management Councils selected to retain this allocation, but update and track the catch limits in MRIP-Fishing Effort Survey units, to ensure that the commercial sector did not see a decrease in poundage from the status quo of 70,000 lbs.

What are the proposed catch limits in the Gulf and Florida East Coast Zones and how were they determined?

• The Gulf and Florida East Coast Zone stock annual catch limits were determined by applying the new apportionment of 63% for the Gulf of Mexico Zone and 37% for the Florida East Coast Zone to the Gulf of Mexico migratory group cobia stock annual catch limit.
• The Florida East Coast Zone sector annual catch limits were determined by applying the retained allocation of 8% commercial and 92% recreational to the Florida East Coast Zone stock annual catch limit.
• For the Gulf of Mexico Zone and the recreational sector in the Florida East Coast Zone, the buffer between the annual catch target and annual catch limit was determined by the Gulf of Mexico Fishery Management Council’s annual catch limit and annual catch target control rule.
  • The control rule uses a number of factors concerning harvest to develop an appropriate buffer between the annual catch limit and annual catch target.  
• This retained the Gulf of Mexico Zone annual catch target at 10% below the Gulf of Mexico Zone stock annual catch limit and reduced the annual catch target buffer to 10% below the recreational sector annual catch limit in the Florida East Coast Zone.
  • The control rule recommended the buffer for the recreational sector in the Florida East Coast Zone be changed from 17% to 10%.
• The commercial sector in the Florida East Coast Zone does not have an annual catch target.

Why is a possession limit change and new vessel/trip limit needed for Gulf of Mexico migratory group of cobia?

• Reduced catch limits recommended by the Gulf of Mexico and South Atlantic Fishery Management Councils’ Scientific and Statistical Committees were projected to result in a closure for both sectors in the Florida East Coast Zone unless additional management measures were addressed. 
• To address the desire to extend the season, the recreational possession limit would be reduced to one fish per person per day, regardless of the duration or number of trips for both sectors in both the Gulf and Florida East Coast Zones.
• Additionally creating a recreational vessel limit of 2 fish per trip and commercial trip limit of 2 fish per trip, both not to exceed the per person limit, would also address the desire to extend the season.  This would also occur in both the Gulf of Mexico and Florida East Coast Zones.  
• While a closure was not projected for the Gulf of Mexico Zone and these management measures by themselves were not projected to prevent a recreational closure in the Florida East Coast Zone.  Having similar regulations in both zones for both sectors is expected to lessen confusion and ease compliance with fishery regulations.

Why is a minimum size limit change needed in the Florida East Coast Zone?

• Stakeholders fishing within the Gulf of Mexico Zone expressed concern to the Gulf of Mexico Fishery Management Council regarding the condition of the Gulf cobia stock since 2016, with increasing frequency in public comment on the issue in 2017 and 2018. 
• In 2019, the Gulf of Mexico Fishery Management Council requested NOAA Fisheries implement regulations to increase the Gulf of Mexico migratory group cobia minimum size limit to 36 inches fork length in the Gulf of Mexico Zone (effective March 25, 2020).  The South Atlantic Fishery Management Council decided to wait to make changes until the stock assessment was completed.
• Reduced catch limits recommended by the Gulf of Mexico and South Atlantic Fishery Management Councils’ Scientific and Statistical Committees were based on SEDAR 38 Update and were projected to result in a closure for both sectors in the Florida East Coast Zone unless additional management measures were addressed. 
• It was projected that the combined effect of management measures proposed in Amendment 32 including increasing the minimum size limit, reducing the possession limit, and creating a recreational vessel/commercial trip limit would not result in a closure for either sector in the Florida East Coast Zone under the reduced catch limits.
• While a closure was not projected for the Gulf of Mexico Zone, having similar regulations in both zones for both sectors is expected to lessen confusion and ease compliance with fishery regulations.

What are the next steps?

• NOAA Fisheries is soliciting public comment on Amendment 32 through a notice of availability.  This comment period is open for 60 days, from July 7, 2022, through September 6, 2022.
• There will also be a public 30-day comment period for the proposed rule, which has not published yet.
• NOAA Fisheries will prepare the final rule and address comments received during the notice of availability and proposed rule comment periods.
• NOAA Fisheries will issue a fishery bulletin alerting constituents to any regulatory changes being implemented and advising of a 30-day cooling off period providing time to prepare for the new regulations.

Where can I find more information on Amendment 32?

• Contact NOAA Fisheries, Southeast Regional Office

     By Mail: Kelli O’Donnell

     NOAA Fisheries, Southeast Regional Office

     Sustainable Fisheries Division

     263 13th Avenue South

     St. Petersburg, Florida 33701-5505

     By FAX: (727) 824-5308

     By Phone: (727) 824-5305

• Amendment 32 may be found online at the NOAA Fisheries Southeast Regional Office Web site at: https://www.fisheries.noaa.gov/action/amendment-32-management-gulf-migratory-group-cobia.

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