Rule2023-28792
Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; 2024 and Projected 2025 Bluefish Specifications
Primary source
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Published
January 2, 2024
Effective
January 1, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues final Atlantic bluefish specifications for the 2024 fishing year and projects specifications for fishing year 2025, as recommended by the Mid-Atlantic Fishery Management Council. This action is necessary to establish allowable harvest levels for the stock to prevent overfishing and promote rebuilding, using the best scientific information available. This action also informs the public of the expected specifications for fishing year 2025.
Full Text
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<title>Federal Register, Volume 89 Issue 1 (Tuesday, January 2, 2024)</title>
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[Federal Register Volume 89, Number 1 (Tuesday, January 2, 2024)]
[Rules and Regulations]
[Pages 34-36]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28792]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 231221-0314; RTID 0648-XD357]
Fisheries of the Northeastern United States; Atlantic Bluefish
Fishery; 2024 and Projected 2025 Bluefish Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final action.
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SUMMARY: NMFS issues final Atlantic bluefish specifications for the
2024 fishing year and projects specifications for fishing year 2025, as
recommended by the Mid-Atlantic Fishery Management Council. This action
is necessary to establish allowable harvest levels for the stock to
prevent overfishing and promote rebuilding, using the best scientific
information available. This action also informs the public of the
expected specifications for fishing year 2025.
DATES: Effective January 1 2024.
ADDRESSES: The Mid-Atlantic Fishery Management Council prepared an
environmental assessment (EA) for these specifications that describes
the action, other considered alternatives, and analyses of the impacts
of all alternatives. Copies of the specifications document, including
the EA, 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="https://www.mafmc.org/supporting-documents">https://www.mafmc.org/supporting-documents</a>.
FOR FURTHER INFORMATION CONTACT: Laura Hansen, Fishery Management
Specialist, (978) 281-9225.
SUPPLEMENTARY INFORMATION:
Background
The Mid-Atlantic Fishery Management Council (Council) and the
Atlantic States Marine Fisheries Commission (Commission) jointly manage
the Atlantic Bluefish Fishery Management Plan (FMP). The FMP requires
the specification of annual regulatory limits for up to 3 years at a
time, including: 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 other management measures. This action implements
bluefish specifications for the 2024 fishing year, and projects
specifications for 2025, based on Council and Commission
recommendations.
Recent research track (December 2022) and management track (June
2023) assessments for bluefish have determined that the stock is no
longer overfished and overfishing is not occurring. However, the
spawning stock biomass has not yet reached its target (i.e., the stock
has not fully rebuilt), so the fishery remains under its rebuilding
plan. These specifications decrease the 2024 ABC by 43 percent from
2023, based on recommendations from the Council's Scientific and
Statistical Committee (SSC), results from these assessments, and the
rebuilding plan for the stock. No uncertainty buffers were recommended
for either the commercial or recreational sector in 2024 or 2025, but
commercial discards are now included in the specifications process and
are no longer considered negligible. Although the stock is no longer
overfished, and therefore transferring
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quota between the recreational and commercial sectors is no longer
prohibited by governing regulations, no sector quota transfer is
included in the 2024 specifications because the fishery is still under
a rebuilding plan. The resulting 2024 specifications decrease the
commercial quota by 43 percent from 2023 and the RHL by 15 percent from
the 2023 specifications. No changes were recommended to recreational
management measures (i.e., bag limits), as the average recreational
harvest under these limits (11.54 million pounds (lb); 5,234 metric
tons (mt)) remains just below the RHL for 2024 (11.96 million lb; 5,425
mt). Status quo recreational measures are also intended to promote
continued stability and consistency in the fishery while minimizing the
risk of overfishing in the recreational sector.
The proposed rule for this action was published in the Federal
Register on November 16, 2023 (88 FR 78715), and comments were accepted
through December 1, 2023. NMFS received two comments from the public,
and no changes are made in this final action because of those comments
(see Comments and Responses for additional detail). Additional
background information regarding the development of these
specifications was provided in the proposed rule and is not repeated
here.
Final Specifications
This action implements the Council and Commission's recommended
2024 and projected 2025 bluefish catch specifications, as outlined in
the proposed rule (table 1). These final specifications decrease all
catch limits in 2024 based on best available information from the
recent assessments and the rebuilding plan, but project increases to
all limits in 2025. As previously mentioned, this action makes no
changes to recreational management measures (such as bag limits), as
the expected recreational landings under the existing measures are
likely to achieve the 2024 RHL without exceeding it.
Table 1--Comparison of 2023, Final 2024, and Projected 2025 Bluefish Specifications *
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2023 2024 2025 (projected)
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Million lb Metric tons Million lb Metric tons Million lb Metric tons
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Overfishing Limit................. 45.17 20,490 25.87 11,734 27.49 12,467
ABC = Fishery ACL................. 30.62 13,890 17.48 7,929 21.83 9,903
Commercial ACL = Commercial ACT... 4.29 1,945 2.45 1,110 3.06 1,386
Recreational ACL = Recreational 26.34 11,945 15.03 6,819 18.78 8,517
ACT..............................
Commercial Discards............... 0 0 0.02 11 0.02 11
Recreational Accountability 5.59 2,536 0 0 0 0
Measures.........................
Recreational Discards............. 6.64 3,012 3.08 1,396 3.08 1,396
Commercial Total Allowable 4.29 1,945 2.42 1,099 3.03 1,375
Landings (TAL)...................
Recreational TAL.................. 14.11 6,400 11.96 5,423 15.70 7,121
Sector Transfer................... 0 0 0 0 0 0
Commercial Quota.................. 4.29 1,945 2.42 1,099 3.03 1,375
RHL............................... 14.11 6,400 11.96 5,423 15.70 7,121
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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 shift due to rounding. The conversion factor used is 1 mt = 2204.6226 lb.
The final coastwide commercial quota is allocated among the coastal
states from Maine to Florida based on percent shares specified in the
FMP, and the phased-in changes to these share allocations specified in
Amendment 7 to the FMP (86 FR 66977, November 24, 2021). The final 2024
and projected 2025 state-allocated commercial quotas are shown below in
table 2. No states exceeded their allocated quota in 2022 or are
projected to do so in 2023; therefore, no accountability measures for
the commercial fishery are required for the 2024 fishing year based on
the data available at this time.
Table 2--2024 and Projected 2025 Bluefish State Commercial Quota Allocations
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2024 2025 (projected)
State -----------------------------------------------------------------------------------------------
Percent share Quota (lb) Quota (kg) Percent share Quota (lb) Quota (kg)
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Maine................................................... 0.43 10,388 4,712 0.35 10,575 4,797
New Hampshire........................................... 0.33 7,975 3,618 0.30 9,116 4,135
Massachusetts........................................... 8.17 198,025 89,823 8.66 262,473 119,056
Rhode Island............................................ 8.01 194,025 88,008 8.41 254,876 115,610
Connecticut............................................. 1.19 28,821 13,073 1.16 35,284 16,004
New York................................................ 14.40 348,947 158,280 15.74 477,171 216,441
New Jersey.............................................. 14.40 348,898 158,258 14.26 432,316 196,095
Delaware................................................ 1.29 31,139 14,124 1.09 32,966 14,953
Maryland................................................ 2.54 61,471 27,883 2.38 72,213 32,755
Virginia................................................ 9.30 225,380 102,231 8.44 255,939 116,092
North Carolina.......................................... 32.05 776,452 352,193 32.04 971,305 440,577
South Carolina.......................................... 0.06 1,561 708 0.07 2,248 1,020
Georgia................................................. 0.05 1,194 541 0.06 1,895 860
Florida................................................. 7.80 188,899 85,683 7.04 213,469 96,828
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Total............................................... 100 2,422,880 1,099,000 100 3,031,356 1,375,000
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Although catch limits are decreasing, neither the recreational nor
the commercial sector of the fishery is expected to be substantially
impacted by this action. Harvest in both sectors has been decreasing in
recent years. Coastwide commercial landings have not exceeded 2.2
million lb (998 mt) in the last 3 years, and recreational harvest
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averaged 11.54 million lb (5,234 mt), both lower than the new 2024
limits. The 2025 specifications are projected based on the new
assessment data and the fourth year of the rebuilding plan model. The
Council will review the projected 2025 specifications in light of any
new information to determine if changes are needed prior to their
implementation. NMFS will publish a notice prior to the 2025 fishing
year to confirm these limits as projected or announce any necessary
changes.
Comments and Responses
The public comment period for the proposed rule ended on December
1, 2023, and NMFS received two comments from the public. No changes
were made to this final action as a result of these comments. The first
comment asked that NMFS raise the recreational bag limit for for-hire
vessels from five fish per person to six or seven fish per person. The
commenter explained that the perception of a possible higher catch is
important to attract and maintain business, but that most customers are
unlikely to take home more than four or five fish anyway, so the
requested increase would have little impact on the bluefish population.
Based on recent recreational data, the expected recreational landings
under the current bag limit for for-hire vessels of five fish per
person are likely to come very close to the 2024 RHL. Any
liberalization in the bag limit would substantially increase the risk
of a recreational overage, and the Council did not find a compelling
reason to make changes to existing measures at this time.
The next commenter supported the catch limit reductions in 2024, as
they and their colleagues have personally seen fewer bluefish available
for recreational fishing recently. They also questioned the projected
increases in 2025, but trust the expert opinions of the scientists
involved. NMFS agrees that the proposed reductions are necessary to
prevent overfishing and promote continued rebuilding based on the 2023
assessment and best available science. The 2025 specifications will
also be reviewed before their publication to ensure the fishery can
support the projected future increases.
Changes From the Proposed Rule
There are no substantive changes from the proposed rule.
Classification
Pursuant to section 304(b)(3) of the Magnuson Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), the Assistant
Administrator for Fisheries, NOAA, has determined that these final
specifications are necessary for the conservation and management of the
Atlantic bluefish fishery, and that they are consistent with the
Atlantic Bluefish FMP, the Magnuson-Stevens Act, and other applicable
law.
The Assistant Administrator for Fisheries, NOAA, finds good cause
under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effective date
for this action to ensure that the final specifications are in place as
close as practicable to the start of the bluefish fishing year on
January 1, 2024. This action establishes the final specifications
(i.e., catch limits) for the 2024 bluefish fishery. The need to
implement these measures in a timely manner to ensure that these final
specifications are in place for the start of the 2024 bluefish fishing
year constitutes good cause to waive the 30-day delay in effective date
of this action.
This action is being issued at the earliest possible date. To
ensure that the action is based on the best available science and in
compliance with the National Environmental Policy Act, the rulemaking
process is dependent on the EA which is prepared by the Council. The
proposed rule was prepared in October 2023 upon receipt of the EA from
the Council, and published in November 2023 once proper reviews could
be completed. The public comment period ended on December 1, 2023, and
this final action was written and reviewed as quickly as possible with
the intent to publish in time to be effective for the January 1 start
of the fishing year.
Furthermore, regulated parties do not require any additional time
to come into compliance with this action, and thus, a 30-day delay
before it becomes effective does not provide any benefit. Unlike
actions that require an adjustment period, vessels fishing for bluefish
will not have to purchase new equipment or otherwise expend time or
money to comply with these management measures. Rather, complying with
this final action simply means adhering to the new catch limits set for
the 2024 fishing year. Fishery stakeholders have also been involved in
the development of this action and are anticipating this action.
Finally, a 30-day delay in effectiveness would postpone
implementation of these catch limits well beyond the start of this
fishing year, which is contrary to the public interest as it could
create confusion in the bluefish industry around current state quotas.
The longer these specifications are delayed, the longer it will take
for some state agencies to implement respective regulations and annual
management measures, which causes further industry confusion, and
tension with state partners. A delay in effectiveness could also
compromise the efficacy of the new, lower limits to promote the growth
and rebuilding of the stock, by limiting the time they are in place
during fishing year 2024.
For these reasons, NMFS finds that a 30-day delay in effectiveness
would be contrary to the public interest, and, therefore, waives the
requirement consistent with 5 U.S.C. 553(d)(3). As a result, there is
good cause to implement this action upon filing in the Federal
Register.
This final action is exempt from review under Executive Order
12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification and the initial certification remains
unchanged. As a result, a final regulatory flexibility analysis is not
required and none was prepared.
This action would not establish any new reporting or record-keeping
requirements.
This final action does not duplicate, conflict, or overlap with any
existing Federal rules.
This action contains no information collection requirements under
the Paperwork Reduction Act of 1995.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 26, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023-28792 Filed 12-29-23; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on January 2, 2024.
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