Proposed Rule2021-25901
Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; 2022 and Projected 2023 Specifications
Primary source
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Published
December 2, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes Atlantic bluefish specifications for the 2022 fishing year, and projected specifications for fishing year 2023, as recommended by the Mid-Atlantic Fishery Management Council. This action is necessary to establish allowable harvest levels to prevent overfishing while enabling optimum yield, using the best scientific information available. This rule also informs the public of the proposed fishery specifications and provides an opportunity for comment.
Full Text
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<title>Federal Register, Volume 86 Issue 229 (Thursday, December 2, 2021)</title>
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[Federal Register Volume 86, Number 229 (Thursday, December 2, 2021)]
[Proposed Rules]
[Pages 68456-68459]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25901]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 211122-0241;RTID 0648-XX073]
Fisheries of the Northeastern United States; Atlantic Bluefish
Fishery; 2022 and Projected 2023 Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes Atlantic bluefish specifications for the 2022
fishing year, and projected specifications for fishing year 2023, as
recommended by the Mid-Atlantic Fishery Management Council. This action
is necessary to establish allowable harvest levels to prevent
overfishing while enabling optimum yield, using the best scientific
information available. This rule also informs the public of the
proposed fishery specifications and provides an opportunity for
comment.
DATES: Comments must be received by December 17, 2021.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2021-0107, by the following method:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal.
1. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, and enter ``NOAA-NMFS-2021-
0107'' in the Search box;
2. Click the ``Comment'' icon, complete the required fields; and
3. Enter or attach your comments.
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
<a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying
[[Page 68457]]
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 the required fields if you wish to remain
anonymous). If you are unable to submit your comment through
<a href="http://www.regulations.gov">www.regulations.gov</a>, contact Cynthia Ferrio, Fishery Policy Analyst,
<a href="/cdn-cgi/l/email-protection#35764c5b415d5c541b735047475c5a755b5a54541b525a43"><span class="__cf_email__" data-cfemail="81c2f8eff5e9e8e0afc7e4f3f3e8eec1efeee0e0afe6eef7">[email protected]</span></a>.
The Mid-Atlantic Fishery Management Council prepared a draft
environmental assessment (EA) for this action that describes the
proposed measures and other considered alternatives. The EA also
provides an economic analysis, as well as an analysis of the
biological, economic, and social impacts of the proposed measures and
other considered alternatives. Copies of the specifications document,
including the EA and information on the economic impacts of the
proposed measures, are available on request from Dr. Christopher M.
Moore, Executive Director, Mid-Atlantic Fishery Management Council,
Suite 201, 800 North State Street, Dover, DE 19901. These documents are
also accessible via the internet at <a href="http://www.mafmc.org/supporting-documents">http://www.mafmc.org/supporting-documents</a>.
FOR FURTHER INFORMATION CONTACT: Cynthia Ferrio, Fishery Policy
Analyst, (978) 281-9180.
SUPPLEMENTARY INFORMATION:
Background
The Mid-Atlantic Fishery Management Council and the Atlantic States
Marine Fisheries Commission jointly manage the Atlantic Bluefish
Fishery Management Plan (FMP). The FMP requires the specification of an
acceptable biological catch (ABC), commercial and recreational annual
catch limits (ACL), commercial and recreational annual catch targets
(ACT), a commercial quota, a recreational harvest limit (RHL), and any
other management measures, for up to three years at a time. This action
proposes bluefish catch limit specifications for the 2022 fishing year,
and projects specifications for 2023, based on Council and Commission
recommendations.
These proposed specifications are based on a 2021 assessment update
and the recent Amendment 7 to the Bluefish FMP, as well as
recommendations from the Council's Scientific and Statistical Committee
(SSC) and the Bluefish Monitoring Committee. Amendment 7 was adopted by
the Council and Commission in early June 2021, and the final rule
published on November 24, 2021, 86 FR 66977. This amendment would
implement management measures that affect these proposed
specifications, including a rebuilding plan and reallocation of annual
quotas between fishery sectors and among states. These proposed
specifications were developed based on Amendment 7 measures, and these
specifications would implement the first year of the rebuilding plan as
well as begin the phasing in of the reallocation of commercial quota to
the states in 2022.
There was a 3.65 million-lb (1,656-mt) overage of the fishery ACL
caused by recreational catch in 2020. Because the bluefish fishery is
overfished, the accountability measure (AM) required by the FMP at 50
CFR 648.163(d)(1) is a pound-for-pound payback of the overage against
the soonest possible year's recreational ACT as a single-year
adjustment. The 2020 overage AM would therefore be applied to the 2022
specifications under this proposed action. No sector transfer is
allowed through these specifications because the stock is still
overfished and new sector transfer provisions of Amendment 7 do not
allow transfer in this situation. No changes are proposed to
recreational management measures because the expected recreational
landings under the existing measures are very close to fully achieving
the proposed RHL.
Proposed Specifications
This action proposes the Council's recommendations for 2022 and
projected 2023 bluefish catch specifications, which are consistent with
the SSC and Monitoring Committee recommendations (Table 1). These
proposed specifications would increase the fishery ABC by about 55
percent in 2022, and by 21 percent the following year in 2023. The
commercial quota and RHL are also proposed to increase by 28 percent
and 67 percent in 2022, respectively, and again by 21 percent and 59
percent in 2023.
Table 1--Comparison of 2021, Proposed 2022, and Projected 2023 Bluefish Specifications *
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2021 2022 (Proposed) 2023 (Projected)
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Million lb Metric tons Million lb Metric tons Million lb Metric tons
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Overfishing Limit....................................... 32.98 17,228 40.56 18,399 45.17 20,490
ABC = Fishery ACL....................................... 16.28 7,385 25.26 11,460 30.62 13,890
Commercial ACL = Commercial ACT......................... 2.77 1,255 3.54 1,604 4.29 1,945
Recreational ACL = Recreational ACT..................... 13.51 6,130 21.73 9,856 26.34 11,945
Recreational Accountability Measures.................... 0 0 3.65 1,656 0 0
Commercial Total Allowable Landings (TAL)............... 2.77 1,255 3.54 1,604 4.29 1,945
Recreational TAL........................................ 8.34 3,785 13.89 6,298 22.14 10,044
Sector Transfer......................................... 0 0 0 0 0 0
Commercial Quota........................................ 2.77 1,255 3.54 1,604 4.29 1,945
RHL..................................................... 8.34 3,785 13.89 6,298 22.14 10,044
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* Specifications are derived from the ABC in metric tons (mt). When values are converted to millions of pounds the numbers may slightly shift due to
rounding. The conversion factor used is 1 mt = 2204.6226 lb.
Table 2 provides the proposed commercial state allocations based on
the Council-recommended coastwide commercial quotas for 2022 and 2023,
and the phased-in changes to the percent share allocations to the
states specified in Amendment 7. No states exceeded their allocated
quota in 2020, or are projected to do so in 2021; therefore, no
accountability measures for the commercial fishery are required for the
2022 fishing year at this time.
[[Page 68458]]
Table 2--Proposed 2022 and Projected 2023 Bluefish State Commercial Quota Allocations
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2022 (Proposed) 2023 (Projected)
State -----------------------------------------------------------------------------------------------
Percent share Quota (lb) Quota (kg) Percent share Quota (lb) Quota (kg)
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Maine................................................... 0.59 20,819 9,443 0.51 21,807 9,892
New Hampshire........................................... 0.39 13,655 6,194 0.36 15,331 6,954
Massachusetts........................................... 7.20 254,748 115,552 7.69 329,578 149,494
Rhode Island............................................ 7.21 254,956 115,646 7.61 326,165 147,946
Connecticut............................................. 1.24 43,885 19,906 1.22 52,094 23,629
New York................................................ 11.72 414,693 188,102 13.06 560,031 254,026
New Jersey.............................................. 14.68 519,158 235,486 14.54 623,295 282,722
Delaware................................................ 1.68 59,442 26,962 1.48 63,572 28,836
Maryland................................................ 2.85 100,698 45,676 2.69 115,409 52,349
Virginia................................................ 11.02 389,802 176,811 10.16 435,625 197,596
North Carolina.......................................... 32.06 1,133,855 514,308 32.05 1,374,077 623,271
South Carolina.......................................... 0.04 1,590 721 0.05 2,344 1,063
Georgia................................................. 0.02 805 365 0.04 1,544 700
Florida................................................. 9.31 329,137 149,294 8.55 366,585 166,280
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Total............................................... 100.00 3,537,096 1,604,400 100.01 4,287,109 1,944,600
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As previously mentioned, no changes to the recreational management
measures are proposed in this action, as the expected recreational
landings of 13.58 million lb (6,160 mt) under the existing measures are
likely to achieve the proposed RHL. All other federal management
measures would also remain unchanged under this action.
The projected specifications for 2023 are based on the available
data and the second year of the rebuilding plan model. However, there
is a research track stock assessment scheduled for bluefish in 2022.
The Council will review the projected 2023 specifications in light of
any new information, including this assessment, to determine if changes
need to be made prior to their implementation. NMFS will publish a
notice prior to the 2023 fishing year to confirm these limits as
projected or announce any necessary changes.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), the NMFS
Assistant Administrator has determined that this proposed rule is
consistent with the Atlantic Bluefish FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
This action is exempt from review under E.O. 12866 because it
contains no implementing regulations.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The factual basis for this determination is as follows.
The Council conducted an evaluation of the potential socioeconomic
impacts of the proposed measures in conjunction with an EA. There are
no proposed regulatory changes in this bluefish action, so none are
considered in the evaluation. The proposed specifications would
increase bluefish catch limits in both 2022 and 2023 compared to 2021
to allow greater operational flexibility in the fishery, while still
adhering to the rebuilding plan implemented by Amendment 7. This action
would also incorporate the quota reallocation changes implemented by
Amendment 7, allocating 86 percent of the ACL to the recreational
sector and 14 percent to the commercial sector, as well as beginning
the 7-year phased-in reallocation of commercial quota among the states
in 2022.
This action would affect entities that participate in commercial
bluefish fishing (those that hold commercial bluefish permits), and
those with federal for-hire (party/charter) recreational fishing
permits for bluefish. Vessels may hold multiple fishing permits and
some entities own multiple vessels and/or permits. According to the
Northeast Fisheries Science Center commercial ownership database, 526
affiliate firms landed bluefish during the 2018-2020 period (the most
recent and complete data available), with 521 of those commercial
entities categorized as small businesses and 5 categorized as large
businesses. For the recreational for-hire fishery, 361 for-hire
affiliate firms generated revenues from recreational fishing for
various species during 2018-2020. All of those business affiliates are
categorized as small businesses, but it is not possible to derive the
proportion of overall revenues for these for-hire firms resulting from
fishing activities for an individual species such as bluefish.
Nevertheless, given the popularity of bluefish as a recreational
species in the Mid-Atlantic and New England, it is likely that revenues
generated from bluefish may be somewhat important for many of these
firms at certain times of the year.
Overall, proposed specifications for 2022 and projected
specifications for 2023 are expected to provide similar fishing
opportunities when compared to the 2021 fishing year. Although these
catch limits are increasing, there are no proposed changes to other
management measures, such as recreational bag limits, that are likely
to change fishing behavior. Entities issued a commercial bluefish
permit may experience a slight positive impact related to potentially
higher landings throughout the course of the entire year. However,
because state allocations are changing, there might be different
amounts of quota available regionally compared to past years. Often,
fishing behavior and short term landings are based on market
conditions, which are not expected to substantially change as a result
of these specifications. As such, the proposed action is not expected
to have an impact on the way the fishery operates or the revenue of
small entities. Overall, analyses indicate that the proposed
specifications will not substantially change: Fishing effort, the risk
of overfishing, prices/revenues, or fishery behavior. Additionally,
this action will not have a significant impact on small entities. As a
result, an initial regulatory flexibility analysis is not required and
none has been prepared.
[[Page 68459]]
This action would not establish any new reporting or record-keeping
requirements.
This proposed rule contains no new information collection
requirements under the Paperwork Reduction Act of 1995.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 23, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021-25901 Filed 12-1-21; 8:45 am]
BILLING CODE 3510-22-P
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