Saving Seafood

ASMFC Approves Atlantic Cobia Amendment 1

August 9th, 2019 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission approved Amendment 1 to the Interstate Fishery Management Plan (FMP) for Atlantic Migratory Group Cobia (Atlantic cobia). Amendment 1 establishes management measures that transition the FMP from complementary management with the South Atlantic and Gulf of Mexico Fishery Management Councils to sole management by the Commission. Amendment 1 to the FMP was initiated in anticipation of the Councils’ Regulatory Amendment 31 to the Coastal Migratory Pelagics (CMP) FMP, which was approved earlier this year and removed Atlantic cobia from the Councils’ oversight.

Amendment 1 changes several portions of the Commission’s FMP that were previously dependent on the CMP FMP and institutes a long-term strategy for managing in the absence of a federal plan. Several of these changes establish processes for the Commission to carry out management responsibilities previously performed by the South Atlantic Council, including the setting of harvest quotas and sector allocations, defining stock status criteria and recommending management measures to be implemented by NOAA Fisheries in federal waters. Additionally, Amendment 1 transitions responsibilities of monitoring and closing (if necessary) commercial harvest to the Commission.

Moving forward, the Commission will recommend to NOAA Fisheries that fishing in federal waters be regulated according to the state of landing. If a vessel has licenses for multiple states with open seasons, they must follow the most restrictive license’s regulations. If a vessel has licenses for multiple states, only one of which has an open season, they may fish under the regulations of the open state. Regulations resulting from this recommendation would only apply in federal waters. Fishermen would still be required to follow state possession or landing limits in state waters.

Amendment 1 establishes a harvest specification process, which allows the Board to specify a limited set of management measures for up to 3 years. One of the measures that may be set through this process is a coastwide harvest quota. However, until the first specification process occurs, after completion of the ongoing stock in 2020, the current coastwide quota (670,000 pounds) remains in effect.

The Amendment also changes the units used to measure and evaluate the recreational fishery from pounds numbers of fish. To accommodate this change, the recreational harvest quota in pounds (620,000) is converted to numbers (22,142 fish) and allocated among the states, resulting in the following state recreational harvest targets:

· Virginia: 8,724 fish
· North Carolina: 8,436 fish
· South Carolina: 2,679 fish
· Georgia: 2,081 fish
· 1% De Minimis Set Aside: 222 fish

States still may set their own seasons and vessel limits to achieve their respective targets.

Finally, Amendment 1 establishes a de minimis status for the commercial sector that exempts states with small commercial harvests from in-season monitoring requirements. States are required to implement measures of Amendment 1 by July 1, 2020. Amendment 1 will be available on the Commission’s website, http://www.asmfc.org/species/cobia, by the end of August.

For more information, please contact Dr. Michael Schmidtke, Fishery Management Plan Coordinator, at mschmidtke@asmfc.org or 703.842.0740.

States Schedule Public Hearings on Atlantic Cobia Draft Amendment 1

May 13, 2019 — The following was released by the Atlantic States Marine Fisheries Commission:

The Commission’s South Atlantic State/Federal Fisheries Management Board approved Draft Amendment 1 to the Interstate Fishery Management Plan (FMP) for Atlantic Migratory Group Cobia (Atlantic cobia) for public comment. Atlantic coastal states from Virginia through South Carolina have scheduled their hearings to gather public input on Draft Amendment 1. The details of those hearings follow.

Virginia Marine Resources Commission

  • June 12, 2019; 6:00 PM
  • 380 Fenwick Rd, Building 96
  • Fort Monroe, Hampton, VA
  • Contact: Pat Geer at 757.247.2200

North Carolina Division of Marine Fisheries

  • June 13, 2019; 7:00 PM
  • Dare County Commissioners Office
  • 954 Marshall Collins Drive, Room 168
  • Manteo, NC
  • Contact: Chris Batsavage at 252.808.8009

Read the full release here

States Schedule Public Hearings on Atlantic Cobia Draft Amendment 1

May 10, 2019 — The following was released by the Atlantic States Marine Fisheries Commission:

The Commission’s South Atlantic State/Federal Fisheries Management Board approved Draft Amendment 1 to the Interstate Fishery Management Plan (FMP) for Atlantic Migratory Group Cobia (Atlantic cobia) for public comment. Atlantic coastal states from Virginia through South Carolina have scheduled their hearings to gather public input on Draft Amendment 1. The details of those hearings follow.

Read the full release here

NOAA Fisheries Announces Changes to Management of Cobia in Federal Waters of the Atlantic

February 21, 2019 — The following was released by the South Atlantic Fishery Management Council:

KEY MESSAGE:

NOAA Fisheries announces the final rule to implement Amendment 31 to the Fishery Management Plan for the Coastal Migratory Pelagics of the Gulf of Mexico and Atlantic Region. This final rule removes Atlantic cobia from the fishery management plan. Atlantic cobia is now managed under the purview of the Atlantic States Marine Fisheries Commission because the majority of Atlantic cobia landings are in state waters.

WHEN RULE WILL TAKE EFFECT:

The final rule will is effective on March 21, 2019.

WHAT THIS MEANS:

  • Atlantic cobia is no longer managed under the Coastal Migratory Pelagics Fishery Management Plan.
  • Regulations in federal waters will be implemented through the Atlantic Coastal Fisheries Cooperative Management Act.
  • Most existing management measures in federal waters for commercial and recreational harvest of Atlantic cobia from Georgia through New York do not change through this rule.
  • For the commercial sector, the minimum size limit is 33 inches fork length and the trip limit is two fish per person per day or six fish per vessel per day, whichever is more restrictive.
  • For the recreational sector, the minimum size limit is 36 inches fork length and the bag and vessel limits are one fish per person per day or six fish per vessel per day, whichever is more restrictive. For both sectors, persons harvesting Atlantic cobia must comply with more restrictive size limits, bag limits, and possession limits in the states where the fish are landed.
  • Fishermen should contact the state for regulations in state waters.

FORMAL FEDERAL REGISTER NAME/NUMBER: Final Rule: 84 FR 4733, published February 19, 2019.

This bulletin serves as a Small Entity Compliance Guide, complying with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996.

FREQUENTLY ASKED QUESTIONS (FAQs)

  • Why remove Atlantic cobia from the fishery management plan?
  • The majority of Atlantic cobia are caught in state waters.
  • NOAA Fisheries closed the 2016 and 2017 federal recreational fishing seasons because the current recreational accountability measure requires NOAA Fisheries to reduce the length of the fishing season in the year following an annual catch limit overage by the amount needed to prevent a similar overage from occurring.
  • Despite federal closures, recreational landings have still exceeded the annual catch limit and the combined stock annual catch limit.
  • The South Atlantic and Gulf of Mexico Fishery Management Councils and NOAA Fisheries have determined that management of Atlantic cobia by the states through the Atlantic States Marine Fisheries Commission would be more effective at constraining harvest and preventing overfishing; thereby, offering greater biological protection to the population and decreasing adverse socioeconomic effects to fishermen.
  • The Atlantic States Marine Fisheries Commission has implemented an Interstate Fishery Management Plan for Atlantic cobia in state waters.

How does this change the regulations of cobia in federal waters?

  • Most management measures in federal waters for commercial and recreational harvest of Atlantic cobia in the exclusive economic zone from Georgia through New York do not change.
  • For the commercial sector, the minimum size limit is 33 inches fork length and the trip limit is two fish per person per day or six fish per vessel per day, whichever is more restrictive.
  • For the recreational sector, the minimum size limit is 36 inches fork length and the bag and vessel limits are one fish per person per day or six fish per vessel per day, whichever is more restrictive.
  • For both sectors, persons harvesting Atlantic cobia must comply with more restrictive size limits, bag limits, and possession limits in the states where the fish are landed.
  • Fishermen should contact the state for regulations in state waters.

Atlantic cobia management up for discussion

November 19, 2018 — Plans are in motion to remove Atlantic cobia from management at the federal level, and turn over management of the fish in federal waters, from Georgia to New York, to the Atlantic States Marine Fisheries Commission, a cooperative effort of East Coast states.

The ASMFC generally helps regulate the first three miles from shore — that which is under state control — and provides a framework so that recreational and commercial fishermen deal with relatively consistent state regulations along the East Coast, rather than a hodgepodge.

The National Marine Fisheries Service announced the opening of a public comment period Nov. 9, that’s slated to run through Dec. 10. Presently, Atlantic cobia in the federal waters off Georgia are managed through the South Atlantic Fishery Management Council, which also deals with other fisheries in federal waters in this region.

A period of public hearings nearly a year ago led to the conclusion, according to the SAFMC’s summary, that removing “Atlantic cobia from federal management as soon as possible” would be best for the fishery.

At the SAFMC meeting on Jekyll Island in March, the topic received a fair bit of discussion, with the plan to move management from the SAFMC to the ASMFC winning approval in committee by a vote of 6-5-1. The council ended up delaying a decision until its June meeting, in which it was approved for formal review.

According to the NMFS bulletin announcing the public comment period, “most existing management measures in federal waters for commercial and recreational harvest of Atlantic cobia from Georgia through New York would not change through this amendment.”

Read the full story at the The Brunswick News

IMPORTANT: NC & GA/SC Revised Cobia PID Hearing Dates

September 17, 2018 — The following was released by the Atlantic States Marine Fisheries Commission:

North Carolina’s Public Hearing on Atlantic Cobia PID, which was scheduled for September 18th at 6 PM in Manteo, has been rescheduled for September 26th at 6 PM at the same location (Dare County Commissioners Office, 954 Marshall Collins Drive, Room 168, Manteo, NC). The Georgia/South Carolina Public Hearing on Atlantic Cobia PID, which was scheduled for September 12th at 6 PM, will be held on September 24th at 6 PM at the same location (National Museum of the Mighty Eighth Air Force, 175 Bourne Avenue, Pooler, GA).

States Schedule Public Hearings on the Public Information Document for Atlantic Cobia Draft Amendment 1

August 29, 2018 — The following was released by the Atlantic States Marine Fisheries Commission:

Atlantic coastal states and jurisdictions from New Jersey through Georgia have scheduled their hearings to gather public input on the Public Information Document (PID) for Draft Amendment 1 to the Interstate Fishery Management Plan (FMP) for Atlantic Migratory Group Cobia (Atlantic cobia). The details of those hearings follow.

New Jersey Division of Fish and Wildlife

*September 6, 2018; 7 PM

Atlantic County Library/Galloway Township

306 East Jimmie Leeds Road

Galloway, NJ

Contact: Joe Cimino at 609.748.2020

*This will be a state hearing conducted by New Jersey due to the timing of the hearing (the state requested a hearing date that is earlier than the Commission amendment process allows). Comments made at this hearing will be submitted to the Commission and included in the public comment summary for Board consideration.

Potomac River Fisheries Commission and Maryland Department of Natural Resources

September 20, 2018; 6 PM

Potomac River Fisheries Commission

222 Taylor Street

Colonial Beach, VA

Contacts: Ellen Cosby (PRFC) at 804.224.7148 and Lynn Fegley (MD DNR) at 410.260.8285

Virginia Marine Resources Commission

September 19, 2018; 6 PM

2600 Washington Avenue

4th Floor Conference Room

Newport News, VA

Contact: Pat Geer at 757.247.2002

North Carolina Division of Marine Fisheries

September 18, 2018; 6 PM

Dare County Commissioners Office

954 Marshall Collins Drive, Room 168

Manteo, NC

Contact: Chris Batsavage at 252.808.8009

September 10, 2018; 6 PM

Central District Office

5285 US Highway 70 West

Morehead City, NC

Contact: Chris Batsavage at 252.808.8009

Georgia Department of Natural Resources and South Carolina Department of Natural Resources

September 12, 2018; 6 PM

National Museum of the Mighty Eighth Air Force

175 Bourne Avenue

Pooler, GA

Contacts: Doug Haymans (GA DNR) at 912.264.7218 and Mel Bell (SC DNR) at 843.953.9007

Draft Amendment 1 was initiated in anticipation of removal of Atlantic cobia from the South Atlantic and Gulf of Mexico Fishery Management Councils’ Fishery Management Plan for Coastal Migratory Pelagic Resources (CMP FMP). Both Councils approved removal of Atlantic cobia from the CMP FMP earlier this year, and this action is now pending review by the Secretary of Commerce. If approved by the Secretary of Commerce, there would no longer be a federal management plan for Atlantic cobia, and the Commission would become the sole management body for this stock. This would necessitate amending several portions of the current interstate FMP that are dependent on the CMP FMP and also provide the opportunity for the Board to construct a long-term strategy for managing in the absence of a federal FMP.

The PID is the first step of the Commission’s amendment process, and the intent of the PID is to elicit input from stakeholders and those interested in Atlantic cobia about changes observed in the fishery/resource and potential management measures that should be considered for inclusion in Draft Amendment 1. Additionally, the PID seeks input on three main issues: recommended management for federal waters, a harvest specification process, and biological monitoring requirements.

The PID is available at http://www.asmfc.org/files/PublicInput/CobiaDraftAmd1PID_PublicComment.pdf or via the Commission’s website, www.asmfc.org, under Public Input. Fishermen and other interested groups are encouraged to provide input on the PID either by attending state public hearings or providing written comment. Public comment will be accepted until 5 PM (EST) on October 4, 2018 and should be forwarded to Dr. Michael Schmidtke, Fishery Management Plan Coordinator, 1050 N. Highland St, Suite A-N, Arlington, VA 22201; 703.842.0741 (FAX) or at comments@asmfc.org (Subject line: Cobia PID).

If your organization is planning to release an action alert related to the PID, please contact Michael Schmidtke at mschmidtke@asmfc.org prior to its release. The Management Board will meet at the Commission’s 2018 Annual Meeting in October to review and consider public comment and provide direction to staff for items to be included in Draft Amendment 1.

Commercial Closure for Atlantic Cobia Effective September 5, 2018

August 27, 2018 — The following was released by the Atlantic States Marine Fisheries Commission:

NOAA Fisheries Southeast Regional Office (SERO) has announced that commercial harvest of Atlantic Migratory Group cobia (Atlantic cobia; New York to Georgia) will close in federal waters on September 5, 2018 due to projections that the commercial annual catch limit (ACL) of 50,000 pounds will be reached on this date (FB18-060, https://www.fisheries.noaa.gov/bulletin/commercial-harvest-atlantic-group-cobia-georgia-new-york-will-close-federal-waters-0). For more information on this closure, please contact the SERO Sustainable Fisheries Division at 727.824.5305.

The Commission’s Interstate Fishery Management Plan (FMP) for Atlantic Cobia complements these measures and requires that should the coastwide ACL be met, a coastwide commercial closure will occur (Sec. 4.2). Therefore, the states from New York to Georgia that harvest Atlantic cobia must close their commercial cobia fisheries in state waters by September 5, 2018.

For more information or questions about the Commission’s Cobia FMP, please contact Dr. Michael Schmidtke, FMP Coordinator, at mschmidtke@asmfc.org or 703.842.0740.

A PDF of the announcement can be found here – http://www.asmfc.org/uploads/file/5b805da2SABoardMemo_2018CobiaClosure_Aug2018.pdf

Commercial Harvest of Atlantic Group Cobia (Georgia to New York) Will Close in Federal Waters on September 5, 2018

August 24, 2018 — The following was released by the South Atlantic Fishery Management Council:

WHAT/WHEN:

  • Commercial harvest of Atlantic group cobia (Georgia to New York) will close in federal waters at 12:01 a.m. (local time) September 5, 2018. Commercial harvest will reopen in federal waters at 12:01 a.m. (local time) on January 1, 2019.

WHY THIS CLOSURE IS HAPPENING:

  • The 2018 commercial annual catch limit is 50,000 pounds round or gutted weight. NOAA Fisheries projects the 2018 cobia annual catch limit for the commercial sector will be reached by September 5th based on reported landings to date and landings that are expected to be reported by dealers that do not have a federal dealer permit.
  • This closure is necessary to protect the Atlantic cobia resource by preventing the commercial annual catch limit from being exceeded.

DURING THE CLOSURE:

  • The operator of a vessel that is landing cobia for sale must have landed and bartered, traded, or sold such cobia prior to 12:01 a.m., local time, September 5, 2018. The prohibition on sale and purchase does not apply to the sale or purchase of cobia that were harvested, landed ashore, and sold prior to 12:01 a.m. (local time) September 5, 2018, and were held in cold storage by a dealer or processor.

ASMFC South Atlantic Board Releases Atlantic Cobia Draft Amendment 1 Public Information Document for Public Comment

August 13, 2018 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s South Atlantic State/Federal Fisheries Management Board approved for public comment the Public Information Document (PID) for Draft Amendment 1 to the Interstate Fishery Management Plan (FMP) for Atlantic Migratory Group Cobia (Atlantic cobia). As the first step in the amendment process, the document seeks input from stakeholders and those interested in Atlantic cobia about changes observed in the fishery/resource and potential management measures.

Draft Amendment 1 was initiated in anticipation of removal of Atlantic cobia from the South Atlantic and Gulf of Mexico Fishery Management Councils’ (SAFMC and GMFMC, respectively) Fishery Management Plan for Coastal Migratory Pelagic Resources (CMP FMP). Both Councils approved removal of Atlantic cobia from the CMP FMP earlier this year, and this action is now pending review by the Secretary of Commerce. If approved by the Secretary of Commerce, there would no longer be a federal management plan for Atlantic cobia, and the Commission would become the sole management body for this stock.

The PID outlines three main issues: recommended management for federal waters, a harvest specification process, and biological monitoring requirements. If Atlantic cobia is removed from the CMP FMP, the Commission will need to develop management measures to be recommended for implementation by NOAA Fisheries in federal waters, since a portion of the fishery occurs offshore. Additionally, several management measures within the Interstate FMP are dependent upon the CMP FMP, meaning that these measures will need to be redefined to continue management in state waters.

A harvest specification process would allow the Board to periodically (e.g. annually or biennially) set certain management measures through a Board vote without having to gather input via public hearings as done through an addendum or amendment process. This would expedite the Board’s decision-making process for measures where states commonly gather public input through their administrative process.   The Board and members of the public have expressed a desire to change some of the current FMP management measures, and this could be accomplished through a harvest specification process.

Finally, biological monitoring programs have been recommended for Board consideration by the Cobia Plan Development Team and Technical Committee. Information obtained by such programs, like ages or lengths, can provide important information beyond harvest estimates to managers as they make decisions.

Stakeholders are encouraged to provide input on the PID either by attending state public hearings or providing written comment. The PID can be obtained at http://www.asmfc.org/files/PublicInput/CobiaDraftAmd1PID_PublicComment.pdf or via the Commission’s website, www.asmfc.org, under Public Input. Public comment will be accepted until 5 PM (EST) on October 4, 2018 and should be forwarded to Dr. Michael Schmidtke, Fishery Management Plan Coordinator, 1050 N. Highland St, Suite A-N, Arlington, VA 22201; 703.842.0741 (FAX) or at comments@asmfc.org (Subject line: Cobia PID). If your organization is planning to release an action alert related to the Amendment 1 PID, please contact Michael Schmidtke at mschmidtke@asmfc.org prior to its release.

It is anticipated the states of Georgia, South Carolina, North Carolina, Virginia, and potentially Maryland or Delaware will be conducting public hearings in September 2018. A subsequent press release will provide the details of those hearings.  The Management Board will meet at the Commission’s 2018 Annual Meeting in October to review and consider public comment and provide direction to staff for items to be included in Draft Amendment 1.