Rule2024-28845
Fisheries of the Northeastern United States; 2025 Specifications for the Summer Flounder, Scup, Black Sea Bass, and Bluefish Fisheries
Primary source
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Published
December 10, 2024
Effective
January 1, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces 2025 specifications for the summer flounder, scup, black sea bass, and bluefish fisheries. The implementing regulations for the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) and the Bluefish Fishery Management Plan require us to publish specifications for the upcoming fishing year for each of these species. The specifications for these species are intended to establish allowable harvest levels that will prevent overfishing, consistent with the most recent scientific information, for the 2025 fishing year.
Full Text
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<title>Federal Register, Volume 89 Issue 237 (Tuesday, December 10, 2024)</title>
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[Federal Register Volume 89, Number 237 (Tuesday, December 10, 2024)]
[Rules and Regulations]
[Pages 99138-99147]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28845]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 241203-0308]
RTID 0648-XE226
Fisheries of the Northeastern United States; 2025 Specifications
for the Summer Flounder, Scup, Black Sea Bass, and Bluefish Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS announces 2025 specifications for the summer flounder,
scup, black sea bass, and bluefish fisheries. The implementing
regulations for the Summer Flounder, Scup, and Black Sea Bass Fishery
Management Plan (FMP) and the Bluefish Fishery Management Plan require
us to publish specifications for the upcoming fishing year for each of
these species. The specifications for these species are intended to
establish allowable harvest levels that will prevent overfishing,
consistent with the most recent scientific information, for the 2025
fishing year.
DATES: This rule is effective January 1, 2025.
ADDRESSES: A Supplemental Information Report (SIR) was prepared for the
2025 black sea bass specifications. An Environmental Assessment (EA)
was prepared for the
[[Page 99139]]
2024 and projected 2025 summer flounder and scup specifications and
2024 and projected 2025 bluefish specifications. Copies of the SIR and
EAs 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. The EAs 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 Deighan, Fishery Policy Analyst,
(978) 281-9184, <a href="/cdn-cgi/l/email-protection#460a273334276802232f212e2728062829272768212930"><span class="__cf_email__" data-cfemail="e1ad80949380cfa584888689808fa18f8e8080cf868e97">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
General Background
The Mid-Atlantic Fishery Management Council (Council) and the
Atlantic States Marine Fisheries Commission (Commission) cooperatively
develop management measures for the summer flounder, scup, black sea
bass, and bluefish fisheries. The Council, pursuant to the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act)
develops recommendations regarding fisheries in Federal waters seaward
of New York, New Jersey, Delaware, Pennsylvania, Maryland, Virginia,
and North Carolina. The Commission, pursuant to the Atlantic Coastal
Fisheries Cooperative Management Act, addresses fisheries in state
waters from Florida to Maine. These bodies work together in the
development of complementary FMPs for species like summer flounder,
scup, black sea bass, and bluefish that are harvested in both Federal
and state waters, and each year, these bodies work together to develop
specifications for these fisheries. The Council provides its
recommendations to NMFS, and NMFS engages in a Federal rulemaking
process by which the agency adopts specifications that become binding
on the Federal fisheries. Specifications in these fisheries include
various catch and landing subdivisions, such as the commercial and
recreational sector annual catch limits (ACL), annual catch targets
(ACT), and sector-specific landing limits (i.e., the commercial fishery
quota and recreational harvest limit (RHL)) established for 1 to 3
years at a time. Adjustments to commercial management measures are also
considered in the specifications process. The process for measures used
to manage the recreational fisheries (i.e., minimum fish sizes,
seasonal closures, and possession restrictions) for these four species
occurs separately and is not discussed further in this final rule. This
action implements 2025 acceptable biological catches (ABC), as well as
the recreational and commercial ACLs, ACTs, commercial quotas, and RHLs
for all four species.
Final 2025 Specifications
Summer Flounder Specifications
This action adopts the Council and the Commission's Summer Flounder
Board-recommended 2025 summer flounder catch and landings limits shown
in table 1.
Table 1--Summary of 2025 Summer Flounder Fishery Specifications
------------------------------------------------------------------------
Million pounds Metric ton
Specifications (lb) (mt)
------------------------------------------------------------------------
Overfishing Limit (OFL)............... 24.97 11,325
ABC................................... 19.32 8,761
Commercial ACL = ACT.................. 10.62 4,819
Commercial Quota...................... 8.79 3,987
Recreational ACL = ACT................ 8.69 3,942
Recreational Harvest Limit............ 6.35 2,879
------------------------------------------------------------------------
The final 2025 state-by-state summer flounder quotas are provided
in table 2. As required in Amendment 21 (85 FR 80661), if the
commercial quota in any year is higher than 9.55 million lb (4,332 mt),
the first 9.55 million lb (4,322 mt) is distributed according to the
baseline formula found in the regulations at 50 CFR 648.102(c)(1)(i)
(the baseline allocations were established through Amendment 2 (57 FR
57358) and modified by Amendment 4 (58 FR 49937)). Any additional quota
is distributed in equal shares to all states except Maine, Delaware,
and New Hampshire, which split 1 percent of the additional quota.
Because this year's quota is below 9.55 million lb (4,322 mt), the
state-by-state allocations are based on the baseline allocations. This
final rule includes adjustments for previously unaccounted for 2023 and
preliminary 2024 overages to determine the final state quotas.
Table 2--Final 2025 Summer Flounder State-by-State Quotas
----------------------------------------------------------------------------------------------------------------
Percent share up to Final 2025 quotas \1\ Final 2025 quotas \1\
State 9.55 million lb (lb) (mt)
----------------------------------------------------------------------------------------------------------------
ME.......................................... 0.04756 4,180 1.9
NH.......................................... 0.00046 40 0.02
MA.......................................... 6.82046 571,147 259.07
RI.......................................... 15.68298 1,378,507 625.28
CT \2\...................................... 2.25708 198,393 89.99
NY.......................................... 7.64699 672,157 304.89
NJ.......................................... 16.72499 1,470,098 666.83
DE.......................................... 0.01779 1,564 0.71
MD.......................................... 2.0391 179,233 81.3
VA.......................................... 21.31676 1,873,707 849.9
NC.......................................... 27.44584 2,412,443 1,094.27
-------------------------------------------------------------------
Total................................... 100 8,761,471 3,974.14
----------------------------------------------------------------------------------------------------------------
\1\ Totals may differ slightly from the sums of the quotas due to rounding.
\2\ This table corrects a typographical error from the proposed rule that misstated Connecticut's final quota as
198,394 lb (89.9mt).
[[Page 99140]]
This action makes no changes to the current commercial management
measures, including the minimum fish size (14-inch (36-centimeter (cm))
total length), gear requirements, and possession limits.
Black Sea Bass Specifications
At the August 2024 meeting, the Council and the Commission's Black
Sea Bass Board were unable to agree on the 2025 black sea bass
specifications. The Black Sea Bass Board adopted a coastwide quota for
black sea bass that is the same as the 2024 quota, while the Council
adopted a quota that represents a 20-percent reduction from 2024. If
implemented, the differing quotas would likely have significant
negative socioeconomic impacts on Federal black sea bass permit
holders. In the case where the two bodies propose different
specifications, the regulations at 50 CFR 648.143(e) require the
Regional Administrator to take administrative action to align measures
to prevent differential effects on Federal permit holders.
According to the 2024 Black Sea Bass Management Track Assessment,
the biomass of the black sea bass stock is more than double the target
level with an increasing trend, recent recruitment is high, and recent
fishing mortality has been well below the threshold level. Given the
current status of the black sea bass stock and the potentially
significant social and economic harm to Federal permit holders that
would result from divergent state and Federal quotas, we are
implementing 2025 black sea bass catch limits consistent with those
adopted by the Commission.
The final 2025 black sea bass catch and landings limits are shown
in table 3.
Table 3--2025 Black Sea Bass Catch and Landings Limits
------------------------------------------------------------------------
Specifications Million lb mt
------------------------------------------------------------------------
ABC..................................... 16.66 7,557
Expected Commercial Discards............ 1.50 680
Expected Recreational Discards.......... 2.89 1,311
Commercial ACL = ACT.................... 7.50 3,401
Commercial Quota........................ 6.00 2,721
Recreational ACL = ACT.................. 9.16 4,156
RHL..................................... 6.27 2,845
------------------------------------------------------------------------
No changes are being made to the 2025 commercial management
measures for black sea bass, including the commercial minimum fish size
(11-inch (27.94-cm) total length) and gear requirements. Any changes to
recreational management measures for black sea bass would be considered
through a separate action following the joint meeting of the Council
and Commission in December 2024.
On October 1, 2024 (89 FR 79778), we implemented the approved
measure of Amendment 23 to the Summer Flounder, Scup, and Black Sea
Bass FMP. The approved measure changes the Federal coastwide commercial
in-season accountability measure such that the black sea bass
commercial fishery will now close when the quota plus an additional
buffer of up to 5 percent is projected to be landed. The intent of this
buffer is to minimize negative economic impacts when the coastwide
quota is reached before all states have fully harvested their
allocations due to overages in individual states.
Pursuant to the Amendment 23 measure, the Council and Black Sea
Bass Board may recommend a buffer from 0 to 5 percent each year through
the specification process. This action adopts the Council and Black Sea
Bass Board-recommended 5-percent commercial in-season closure buffer.
Given recent patterns in the fishery, an in-season closure is not
expected for 2025; however, in the unlikely event it is needed, a 5-
percent buffer could have socioeconomic benefits with little risk to
stock status.
Scup Specifications
This action adopts the Council and Scup Board-recommended 2025 scup
catch and landings limits shown in table 4.
Table 4--2025 Scup Catch and Landing Limits
------------------------------------------------------------------------
Specifications Million lb mt
------------------------------------------------------------------------
OFL..................................... 42.19 19,135
ABC..................................... 41.31 18,740
Expected Commercial Discards............ 7.38 3,318
Expected Recreational Discards.......... 2.08 944
Commercial ACL = ACT.................... 26.85 12,181
Commercial Quota........................ 19.54 8,863
Recreational ACL = ACT.................. 14.46 6,559
RHL..................................... 12.31 5,585
------------------------------------------------------------------------
The commercial scup quota is divided into three commercial fishery
quota periods, as outlined in table 5.
Table 5--Commercial Scup Quota Allocations for 2025 by Quota Period
----------------------------------------------------------------------------------------------------------------
Quota period Percent share lb mt
----------------------------------------------------------------------------------------------------------------
Winter I....................................................... 45.11 8,814,300 3,998
Summer......................................................... 38.95 7,610,663 3,452
[[Page 99141]]
Winter II...................................................... 15.94 3,114,608 1,413
------------------------------------------------
Total...................................................... 100.00 19,539,570 8,863
----------------------------------------------------------------------------------------------------------------
The current quota period possession limits are not changed by this
action and are outlined in table 6.
Table 6--Commercial Scup Possession Limits by Quota Period
------------------------------------------------------------------------
Federal possession limits (per
trip)
Quota period -------------------------------
lb kg
------------------------------------------------------------------------
Winter I................................ 50,000 22,680
Summer.................................. N/A N/A
Winter II............................... 12,000 5,443
------------------------------------------------------------------------
The Winter I scup commercial possession limit will drop to 1,000 lb
(454 kg) when 80 percent of that period's allocation is landed. If the
Winter I quota is not fully harvested, the remaining quota is
transferred to the Winter II period. The Winter II possession limit may
be adjusted in association with a transfer of unused Winter I quota to
the Winter II period via announcement in the Federal Register. The
regulations specify that the Winter II possession limit increases to
different levels consistent with the increase in the quota, as
described in table 7.
Table 7--Potential Increase in Winter II Possession Limits Based on the Amount of Unused Scup Rolled Over From Winter I to Winter II
--------------------------------------------------------------------------------------------------------------------------------------------------------
Initial Winter II possession Rollover from Winter I to Winter II Increase in initial Winter II Final Winter II possession
limit ------------------------------------------------------- possession limit limit after rollover from
--------------------------------- --------------------------------- Winter I to Winter II
lb kg -------------------------------
lb kg lb kg lb kg
--------------------------------------------------------------------------------------------------------------------------------------------------------
12,000 5,443 0-499,999 0-226,796 0 0 12,000 5,443
12,000 5,443 500,000-999,999 226,796-453,592 1,500 680 13,500 6,123
12,000 5,443 1,000,000-1,499,999 453,592-680,388 3,000 1,361 15,000 6,804
12,000 5,443 1,500,000-1,999,999 680,389-907,184 4,500 2,041 16,500 7,484
12,000 5,443 2,000,000-* 2,500,000 907,185-1,133,981 6,000 2,722 18,000 8,165
--------------------------------------------------------------------------------------------------------------------------------------------------------
* This process of increasing the possession limit in 1,500 lb (680 kg) increments would continue past 2,500,000 lb (1,122,981 kg), but ends here for the
purpose of this example.
This action makes no changes to the 2025 commercial management
measures for scup, including the minimum fish size (9-inch (22.9-cm)
total length), gear requirements, and quota period possession limits.
Bluefish Specifications
This action approves the Council- and the Commission's Bluefish
Board-recommended 2025 bluefish catch and landings limits as shown in
table 8.
Table 8--Summary of 2025 Bluefish Fishery Specifications
------------------------------------------------------------------------
Specifications Million lb mt
------------------------------------------------------------------------
OFL..................................... 27.49 12,467
ABC..................................... 21.83 9,903
Commercial ACL = ACT.................... 3.06 1,386
Commercial Quota........................ 3.03 1,375
Recreational ACL = ACT.................. 18.78 8,517
Recreational Harvest Limit.............. 15.70 7,121
------------------------------------------------------------------------
The coastwide commercial quota is allocated to coastal states from
Maine to Florida based on percent shares specified in the Bluefish FMP
and regulations at Sec. 648.162(d). Table 9 provides the final
commercial state allocations based on the Council-recommended coastwide
commercial quota for 2025 and the phased-in changes to the percent
share allocations to the states specified in Amendment 7. No states
exceeded their allocated quota
[[Page 99142]]
in 2023 or are projected to do so in 2024; therefore, no accountability
measures for the commercial fishery are required for the 2025 fishing
year based on the data available at this time.
Table 9--2025 Final Bluefish State Commercial Quota Allocations
----------------------------------------------------------------------------------------------------------------
State Percent share Quota (lb) Quota (kg)
----------------------------------------------------------------------------------------------------------------
Maine.......................................................... 0.35 10,582 4,800
New Hampshire.................................................. 0.30 9,123 4,138
Massachusetts.................................................. 8.66 262,663 119,142
Rhode Island................................................... 8.41 255,061 115,694
Connecticut.................................................... 1.16 35,309 16,016
New York....................................................... 15.74 477,518 216,598
New Jersey..................................................... 14.26 432,630 196,238
Delaware....................................................... 1.09 32,990 14,964
Maryland....................................................... 2.38 72,265 32,779
Virginia....................................................... 8.44 256,125 116,176
North Carolina................................................. 32.04 972,012 440,897
South Carolina................................................. 0.07 2,250 1,021
Georgia........................................................ 0.06 1,897 860
Florida........................................................ 7.04 213,625 96,899
------------------------------------------------
Total...................................................... 100 3,033,561 1,376,000
----------------------------------------------------------------------------------------------------------------
This action does not make any changes to the 2025 commercial or
recreational management measures for bluefish.
Comments and Responses
The public comment period for the proposed rule ended on October
31, 2024. We received 11 comments on the proposed rule. No changes to
the final rule are necessary as a result of these comments. One of the
comments focused on wind energy development and whales and is not
germane to this action. Six comments from five industry organizations
and one individual supported the proposed specifications. Four comments
from two industry organizations and five conservation organizations
opposed the proposed 2025 black sea bass catch limits. In general,
recurring themes in these four comments included the risk of
overfishing on black sea bass, the use of the best scientific
information available in setting the black sea bass specifications, and
requests for clarifications on the SIR.
Overfishing
Comment 1: Two commenters who opposed the 2025 black sea bass catch
limits stated that NMFS was allowing for a situation in which
overfishing on the black sea bass stock would occur. These commenters
noted that the projected fishing mortality rate (F) that would result
from the status quo black sea bass catch limits (1.87), as described in
the SIR, is greater than the F rate threshold of 1.071 (note that one
of these comments incorrectly cited the F rate threshold as 0.82;
however, that number is the terminal year (2023) F estimate).
Response: The Magnuson-Stevens Act defines the terms
``overfishing'' and ``overfished'' as a fishing mortality rate that
jeopardizes the capacity of a fishery to produce the maximum
sustainable yield (MSY) on a continuing basis. The black sea bass stock
biomass is currently more than 200 percent of its biomass target, the
biomass associated with maximum sustainable yield. In plain language,
the stock is more than double the ideal biomass that would maximize
long-term benefits. F<INF>MSY</INF> is the fishing mortality rate that,
if applied over the long term, would result in the maximum sustainable
yield. For stocks above their biomass target, fishing at
F<INF>MSY</INF> should gradually reduce biomass (B) to the biomass
target (B<INF>MSY</INF>). For the black sea bass fishery, fishing above
F<INF>MSY</INF> for 1 year may increase the rate at which the stock
approaches B<INF>MSY</INF>. However, with the stock well above
B<INF>MSY</INF>, this would not jeopardize the long-term sustainability
of the stock. Based on projections using status quo catch provided by
the NOAA Northeast Fisheries Science Center (Center; see table 5 in the
SIR), spawning stock biomass is expected to decline to 148 percent of
its target in 2025 under status quo catch limits, well above
B<INF>MSY</INF>.
In addition, previous black sea bass stock assessments have
revealed a retrospective pattern indicating that preceding assessments
routinely underestimated stock size and overestimated fishing
mortality. These assessments have consistently indicated that the stock
size is higher and the fishing mortality rate is lower than predicted
in the previous assessment. This pattern reflects catch limits that are
set lower than what is actually available to the fishery. In turn, this
can result in higher than anticipated harvest and exceedance of the OFL
compared to the previous assessment's projections--while the updated
assessment subsequently indicates that overfishing did not occur based
on the updated understanding of what the allowable catch and OFL should
have been. The 2024 Management Track Assessment represents a change in
stock assessment models; previously, black sea bass were assessed using
the Age-Structured Assessment Program but transitioned to the Woods
Hole Assessment Model for the first time this year. At this time, it is
unclear if this retrospective pattern remains with the new model.
In this specific context, fishing at a rate that is slightly higher
than F<INF>MSY</INF> is not expected to result in overfishing--that is,
to jeopardize the capacity of the black sea bass fishery to produce the
maximum sustainable yield on a continuing basis--based on the
disconnect in the stock assessments' projections of a decline in
biomass and the current high biomass. The 2023 total catch of 16.94
million lb (7,684 mt) resulted in a realized fishing mortality rate of
only 85 percent of F<INF>MSY</INF>; therefore, maintaining the slightly
lower status quo quotas for 2025 with an ABC of 16.66 million lb (7,557
mt) does not risk long-term biological harm to the black sea bass
stock. The 2025 black sea bass catch limits are expected to reduce the
stock biomass to a level that is closer to, but still above,
B<INF>MSY</INF> than the Council's recommended catch limits
[[Page 99143]]
would. However, this does not constitute overfishing as defined by the
Magnuson-Stevens Act. A new stock assessment will be available in 2025
and will be used to set future specifications.
Comment 2: Four commenters who opposed the 2025 black sea bass
catch limits due to overfishing concerns asserted that the Magnuson-
Stevens Act National Standard 1 Guidelines define the ACL as a limit on
catch that cannot exceed the ABC (50 CFR 600.310(f)(1)(iii) and (f)(4))
and identify the SSC as the body charged with determining the ABC
(Sec. 600.310(f)(3) and (b)(2)(V)(B)).
Response: The commenter is correct that the SSC is tasked with
recommending an ABC to the Council, per the regulations cited.
Similarly, the Council must recommend to NMFS black sea bass catch
specifications (Sec. 648.142(b)) that do not exceed the SSC's
recommendation (Sec. 600.315(c)(6)). However, this requirement is
specific to the Council's process and does not extend to NMFS. The
regulations at Sec. 648.142(b) require the Regional Administrator to
review the Council's recommendations and any recommendations of the
Commission and, after that review, to publish a proposed rule in the
Federal Register to implement a commercial quota, a recreational
harvest limit, and additional management measures for the commercial
fishery. NMFS, on behalf of the Secretary of Commerce, is obligated to
independently consider the recommendation of the Council along with
other information and requirements including, but not limited to, other
applicable laws, the National Standards, and the governing regulations
within the FMP (see also Comment 6). National Standard 1 requires NMFS
to prevent overfishing while achieving optimum yield on a continuing
basis. As described above (see Comment 1), NMFS has determined that the
2025 black sea bass catch limits set forth in this final rule will not
result in overfishing as defined in the Magnuson-Stevens Act.
In addition, for black sea bass, this action includes an ABC of
16.66 million lb (7,557 mt), a commercial ACL of 7.50 million lb (3,402
mt), and a recreational ACL of 9.16 million lb (4,155 mt). This is
consistent with the National Standard 1 Guidelines' ACL definition, as
the combined commercial and recreational ACLs do not exceed the ABC.
Comment 3: One commenter noted that the Center's status quo
projections, as described in the SIR, indicate that if the 2024 black
sea bass catch limits are maintained in 2025, the result will be the
potential reduction of B/B<INF>MSY</INF> from close to 2 to 1.03 in 2
years.
Response: The projections estimate a ratio of spawning stock
biomass (SSB) to the spawning stock biomass at MSY (SSB<INF>MSY</INF>)
of 1.03 in 2026 if the status quo catch limits were implemented in
fishing years 2025 and 2026. This action only sets the black sea bass
catch limits for the 2025 fishing year. The projections estimate SSB
will remain well above the target under status quo catch limits in
2025, with an estimated SSB/SSB<INF>MSY</INF> ratio of 1.48 in 2025. A
new stock assessment will be available in 2025 and will be used to set
the 2026 specifications.
Use of Best Scientific Information Available
Comment 4: Five commenters who opposed the 2025 black sea bass
catch limits noted that the Council's recommended specifications, and
the 20-percent reduction included therein, were based on the most
recent management track assessment, which constituted the best
scientific information available as required under National Standard 2.
The commenters noted that the most recent assessment showed declining
biomass and asserted that the 2025 black sea bass catch limits are not
based on the best available science.
Response: This action relies upon the best available science in the
development of the 2025 black sea bass specifications. According to the
2024 Management Track Assessment, the black sea bass stock is not
overfished and overfishing was not occurring in 2023. Spawning stock
biomass was estimated at 2.19 times the target level and fishing
mortality was estimated to be 23 percent below F<INF>MSY</INF> in 2023.
However, the assessment's projections suggested that the 2025 OFL be
set 20 percent below the 2024 (status quo) OFL. Members of the Advisory
Panel, Monitoring and Technical Committees, Council, and Commission
raised concerned that the stock assessment projections were
underestimating future biomass, resulting in a 2025 black sea bass ABC
that is too low (see <a href="https://www.mafmc.org/s/SFSBSB-MC-1Aug2024-summary.pdf">https://www.mafmc.org/s/SFSBSB-MC-1Aug2024-summary.pdf</a> for additional information about concerns raised).
The Center re-ran black sea bass projections based on status quo
catch in 2025 and 2026, using the same methodology and underlying
information that is described in the 2024 management track assessment.
This methodology, and the resulting projections, is the best scientific
information available. These projections are the basis for the 2025
black sea bass catch limits and indicate that maintaining status quo
catch in fishing year 2025 will maintain SSB above SSB<INF>MSY</INF>
and will not result in overfishing as defined in the Magnuson-Stevens
Act (see Comment 1). Additionally, the single-point biomass estimate in
the terminal year of the assessment does not reflect a declining
biomass trend. To the contrary, the overall trend is a black sea bass
stock that has been well above its biomass target for the last 10 years
and a history of assessments that have routinely underestimated the
stock size and overestimated fishing mortality (see Comment 1).
Comment 5: One commenter opposed to the 2025 black sea bass catch
limits stated that the SSC's recommended ABC and OFL took into account
more components of stock health, including recruitment and size
structure.
Response: As previously described (see Comments 1 and 4), the
decision to implement the 2025 black sea bass catch limits is based on
the Center's projections using status quo catch and the same
methodology described in the most recent management track assessment.
Members of the Advisory Panel, Monitoring and Technical Committees,
Council, and Commission raised significant concerns about the original
projected 2025 OFL and ABC based on recent trends in biomass,
recruitment, and fishing mortality. The 2025 black sea bass catch
limits are intended to prevent overfishing while taking into account
recent trends in stock health (see Comment 1) and the socio-economic
impacts that would occur if the Federal catch limits differed from
those set by the Commission (see also Comment 15).
Legal Authority
Comment 6: Five commenters raised issue with NMFS setting black sea
bass catch limits greater than those recommended by the SSC. Four
commenters contended that NMFS' stance that the requirement for
science-based catch limits that do not exceed the SSC's catch advice in
section 302(h)(6) of the Magnuson-Steven Act ``applies only to the
Councils, and NMFS can set an ABC higher than the SSC recommendation in
some circumstances'' ``runs counter to the language, case law, and
history of the Magnuson-Stevens Act and the agency's own regulations.''
The other commenter requested a detailed explanation of the rationale
and legal authority for overruling the SSC's advice. It argued that the
Agency appears to be placing more weight on alleviating discrepancies
between state and Federal
[[Page 99144]]
waters such that no ``differential effects occur to Federal permit
holders'' (Sec. 648.143(e)) than on the Magnuson-Stevens Act
requirement that the ABC must not exceed the recommendation of the SSC
and that the Center appears to be substituting its own judgment for
that of the SSC.
Response: Section 302(h) of the Magnuson-Steven Act specifies
``Each Council shall, . . .'' Therefore, the requirements listed in
section 302(h) apply to the Councils. Furthermore, the Magnuson-Stevens
Act regulations at Sec. 600.10, list the SSC as an advisory group. The
regulations at Sec. 600.133(b) require the SSC to ``. . . provide its
Council ongoing scientific advice for fishery management decisions,
including recommendations for acceptable biological catch, preventing
overfishing, maximum sustainable yield, and achieving rebuilding
targets, and reports on stock status and health, bycatch, habitat
status, social and economic impacts of management measures, and
sustainability of fishing practices'' (emphasis added). The Council is
bound to the SSC's recommendations and would be in violation of the
Magnuson-Stevens Act if it recommended catch limits to NMFS that were
greater than the ABC recommended by the SSC (Sec. 600.315(c)). NMFS,
however, on behalf of the Secretary of Commerce, is obligated to
independently consider the recommendations of the Councils along with
other information and guidance, including, but not limited to, other
applicable laws, the National Standards, and the governing regulations
within the FMP. This allows the Agency to balance the needs of a
fishery, including potentially significant social and economic
disruptions, in an effort to achieve optimal yield, provided doing so
does not pose an unacceptable risk to the health of the resource. This
action is being taken pursuant to section 305(d) of the Magnuson-
Stevens Act, which requires NMFS to carry out FMPs and amendments in
accordance with the provisions of the Magnuson-Stevens Act, and the
black sea bass regulations at 50 CFR part 648 subpart I as developed
pursuant to sections 304(a) and (b) of the Magnuson-Stevens Act.
Here, the black sea bass stock is well above its biomass target,
and the 2025 catch limits are not expected to result in overfishing
(see Comment 1). The black sea bass regulations at Sec. 648.143(e)
require NMFS to take administrative action to ``. . . achieve alignment
through consistent state and Federal measures such that no differential
effects occur to Federal permit holders.'' In setting the 2025 black
sea bass catch limits, NMFS considered both the requirement to prevent
overfishing and the negative effects that would result from lower
Federal catch limits than those set by the Commission (see Comment 15).
Therefore, NMFS is not circumventing advice from the SSC or the Council
but is following its obligation to independently consider the National
Standards and the governing regulations within the FMP to make the best
decision for the fishery, in line with available biological and
socioeconomic information.
Comment 7: Five commenters asserted that, per the Magnuson-Stevens
Act, the appropriate process to implement catch limits that differ from
the Council and SSC's recommendation would be for NMFS to partially
disapprove the Council specifications and to send it back to the
Council for additional consideration, with an opportunity for the SSC
to weigh in on the Center's analysis that was used to justify setting
catch limits exceeding the SSC's recommendation.
Response: While section 304(a)(3) of the Magnuson-Stevens Act
requires NMFS to (1) notify a Council regarding the approval,
disapproval, or partial approval of an FMP or amendment; (2) provide
the basis for any such disapproval; and (3) offer recommendations to
conform the plan or amendment to the requirements of applicable law,
this process is specific to development of FMPs and FMP amendments
undertaken pursuant to section 304(a). This action to set the 2025
summer flounder, scup, black sea bass, and bluefish specifications is
being taken pursuant to section 305(d), which requires NMFS to carry
out FMPs and amendments in accordance with the provisions of the
Magnuson-Stevens Act and the black sea bass regulations. Specifically,
the regulations at Sec. 648.142(b) require the Council to make
recommendations to the Regional Administrator on measures projected to
constrain the sectors to the applicable limit or target as prescribed
in the FMP and require NMFS to publish a proposed rule in the Federal
Register to implement catch limits after review of the Council's
recommendations and any recommendations of the Commission. As
previously described (see Comment 6), NMFS is not bound to the
recommendation of the Council and SSC when implementing these catch
limits, but must ensure compliance with other applicable laws, the
National Standards, and the governing regulations within the FMP.
In addition, the action taken by the Commission is final and will
be implemented on January 1, 2025. Any delay in implementing
complementary Federal catch limits could put Federal permit holders at
a disadvantage for a portion of fishing year 2025. NMFS implemented the
current black sea bass specifications for fishing year 2024, which ends
December 31, 2024. The black sea bass regulations do not include a
rollover provision that would allow the previously implemented Federal
coastwide catch limits to carry over if new Federal catch limits have
not been implemented at the start of the new fishing year.
Comment 8: Four commenters argue that: (1) The regulation requiring
NMFS to prevent differential effects to state and Federal permit
holders is codified as a ``state/Federal disconnect accountability
measure'' and is found within the accountability measures regulations
for black sea bass; (2) that NMFS defines accountability measures as
controls to prevent ACL overages; and (3) that the proposal to
liberalize the black sea bass ABC cannot be described as an
accountability measure. A fifth commenter expressed concern that NMFS
chose to set an ABC that exceeded the SSC's advice based on an
accountability measure provision in the black sea bass regulations.
Response: The National Standard 1 guidelines define accountability
measures as ``measures to ensure accountability'' (Sec.
600.310(b)(1)(iii)) and require Councils to take an approach that
considers ``. . . uncertainty in scientific information and management
control of the fishery'' (Sec. 600.310(b)(3)). While most
accountability measures are direct management controls (e.g., closures
or paybacks) designed to prevent exceedance of ACLs and to correct or
mitigate overages, they also should ``. . . correct the problems that
caused the overage in as short a time as possible'' (Sec.
600.310(g)(1)).
The ``state/Federal disconnect'' accountability measure at Sec.
648.143(e), which requires the Regional Administrator to take
administrative action to align measures to prevent differential effects
on Federal permit holders, is responsive to this latter requirement and
reflects the Magnuson-Stevens Act's National Standard 6 that fishery
management plans take into account variations among and contingencies
in fisheries. The Council and the Commission cooperatively manage the
black sea bass fishery, and both bodies are required to prevent
overfishing. While the Commission is not bound by the Magnuson-Stevens
Act, the Atlantic Coastal Fisheries Cooperative Management Act requires
the Commission to manage fisheries throughout their range based on the
best
[[Page 99145]]
available science, and the Commission's Interstate Fishery Management
Program Charter requires conservation programs and management measures
to be ``. . . designed to prevent overfishing and maintain over time,
abundant, self-sustaining stocks of coastal fishery resources.'' If the
two bodies implement ACLs that are not aligned, overages of the lower
ACL may occur. This results in an exceedance of the ACL due to
misalignment of the management measures but does not necessarily result
in a conservation concern within the fishery. For example, if the
Commission sets higher ACLs than the Council does, catch in the black
sea bass fishery may exceed the Council's ACL while being under the
Commission's ACL. With an abundant stock such as black sea bass that is
well above its biomass target, such an exceedance would create
socioeconomic concerns rather than conservation or biological concerns.
The ``state/Federal disconnect'' accountability measure exists to
prevent such a circumstance and is, therefore, consistent with the
purpose of an accountability measure. NMFS has used this provision of
the regulations, which applies directly to the situation at hand,
appropriately.
Comment 9: One commenter questioned whether NMFS intends to make it
possible for the Commission to be the sole authority for setting
specifications for the demersal fisheries.
Response: NMFS has not ceded authority to the Commission but has
used its authority under section 305(d) of the Magnuson-Stevens Act to
set catch limits consistent with the Commission's limits, per the
regulations at Sec. 648.143(e), as described in response to Comment 8.
Supplemental Information Report
Comment 10: One commenter requested clarification as to why the
projection table in the SIR differed from that included in the July 16,
2024, memorandum from Council staff to the Executive Director.
Response: The ``2024 Assessment Projections'' in table 5 of the SIR
are taken from table 3 of the 2024 Black Sea Bass Management Track
Assessment, which uses the ABC as the assumed catch for fishing year
2024 and the catch that would occur under F<INF>MSYproxy</INF> (equal
to the OFL) as the assumed catch for 2025 and 2026. The ``2024 Status
Quo Catch Projections'' in table 5 of the SIR and the projections
provided in table 7 of the July 16, 2024, memorandum use the ABC as the
assumed catch for all years. The ``2024 Status Quo Catch Projections''
in the SIR uses the 2024 ABC for all 3 years. The July 16, 2024,
memorandum uses the Council's recommended ABCs for each year. The final
SIR includes this clarification.
Comment 11: One commenter asked why NMFS provided the SIR as a
draft.
Response: Draft NEPA documents are available at the proposed rule
stage to allow for public comment on both the proposed rule and the
NEPA document. Comments on the NEPA document may further inform the
analysis and/or result in other clarifications within the document. The
final version becomes available when the final rule is published.
Other
Comment 12: One commenter requested additional information on the
Center's analysis that the status quo projections show a 5-percent
difference in SSB. The commenter stated that the Federal Register
notice for the proposed rule lacked sufficient detail to support this
claim.
Response: The ``2024 Status Quo Catch Projection'' provided in
table 5 of the SIR uses the same methodology as described in the 2024
Management Track Assessment, but with the 2025 and 2026 assumed catch
equal to the assumed catch for 2024 (see Comment 4). The projected 2025
SSB from the ``2024 Status Quo Catch Projection'' (16,680 mt) is 5-
percent lower than the projected 2025 SSB from the ``2024 Assessment
Projection'' (17,442 mt) as shown in table 5 of the SIR.
Comment 13: One commenter asked whether the agency took action to
make its concerns regarding the potential OFL and ABC reductions known.
Response: Members of the Advisory Panel, Monitoring and Technical
Committees, Council, and Commission, which include NMFS staff, raised
concerns about the projected 2025 OFL and ABC during public meetings.
Members of the Monitoring Committee expressed concern about the
proposed reductions, given the increasing trend in biomass, recent high
recruitment, and recent fishing mortality levels below the target.
Overall, the Monitoring and Technical Committees were concerned that
the stock assessment projections underestimate future biomass and that
the 2025 black sea bass ABC is too low (see also Comment 1). Additional
detail on these comments can be found in the August 2024 Council
meeting report (<a href="https://www.mafmc.org/s/2024-08_MAFMC-Report.pdf">https://www.mafmc.org/s/2024-08_MAFMC-Report.pdf</a>), the
August 2024 Monitoring Committee meeting summary (<a href="https://www.mafmc.org/s/SFSBSB-MC-1Aug2024-summary.pdf">https://www.mafmc.org/s/SFSBSB-MC-1Aug2024-summary.pdf</a>), and the August 2024
Advisory Panel meeting summary (<a href="https://www.mafmc.org/s/SFSBSB-AP-5Aug2024-summary-v2.pdf">https://www.mafmc.org/s/SFSBSB-AP-5Aug2024-summary-v2.pdf</a>).
Comment 14: One commenter asked whether the Agency would take
action to stop reductions in the future if catch reductions are
required.
Response: This action sets catch limits for 1 year and is
responsive to the current circumstances in which (1) projections
indicate status quo catch in 2025 is expected to maintain the black sea
bass stock well above the biomass target, (2) the 2025 catch limits are
not expected to result in overfishing, and (3) implementation of
Federal catch limits that differ from those set by the Commission would
negatively impact Federal permit holders. An updated black sea bass
management track assessment will be available in 2025 and will be used
to set future specifications. Comments on catch limits beyond 2025 and
any related management measures, which will be determined based on the
circumstances and record of those actions, are outside of the scope of
this action and not addressed further.
Comment 15: One commenter requested additional information
regarding the negative impacts to Federal permit holders referred to in
the Federal Register notice for the proposed rule (89 FR 83440, October
16, 2024). The commenter asked whether NMFS decided these potential
impacts are ``so serious that it is worth risking the status of the
Black Sea Bass stocks'' and requested additional analysis.
Response: As described above, particularly in response to Comment
1, the 2025 black sea bass catch limits are projected to maintain the
black sea bass stock well above B<INF>MSY</INF>, are not expected to
result in overfishing, and do not risk the status of the black sea bass
stock.
However, implementing catch limits for Federal permit holders that
are lower than those implemented by the Commission would be expected to
have negative socio-economic effects. The Commission allocates the
commercial quota into state-by-state quotas that control landings in
each state. Under the Council-recommended quota, NMFS could be required
to close the Federal commercial coastwide black sea bass fishery while
several states have state-level quota remaining (because the sum of the
Commission's state quotas would exceed the Council's recommended
coastwide quota). Early closure of the Federal fishery could impinge on
Federal permit holders' ability to fully participate in the commercial
fishery; create a race to fish if permit holders preemptively fish to
avoid an early closure; create distributional effects regionally,
depending on when and where the black sea bass are initially
[[Page 99146]]
available; and create potential long-term negative impacts if paybacks
are required for any quota overages. In addition, some states further
allocate their state quota into individual transferable quotas (ITQ)
that are assigned to individual permit holders. ITQ holders may not be
able to harvest quota that they have purchased or leased if the Federal
fishery closes, potentially resulting in economic harm.
In addition to the issues the commercial industry would potentially
encounter, the recreational harvest limits would also differ between
the Federal fishery and the states, which would complicate the process
for setting recreational measures and make it nearly impossible for us
to approve conservation equivalency under the FMP, as is the normal
approach. Abandoning conservation equivalency could result in more
restrictive recreational management measures in Federal waters than
those that the states would implement in state waters, which, in
addition to creating confusion among participants, would disadvantage
federally permitted for-hire vessels. As with the commercial fishery,
differing recreational catch limits could have long-term impacts if
estimates of overall harvest (which include state waters) exceed the
Council's recommended recreational harvest limit.
Comment 16: Six commenters supported the proposed specifications.
Two of these commenters noted the socio-economic importance of the
summer flounder, scup, black sea bass, and bluefish fisheries and their
contribution to increasing the diversity of recreational fishing
participants by providing an entrypoint into recreational fishing. In
addition to expressly supporting the proposed specifications, three
commenters also noted that the specifications are not reflective of the
abundance seen on the water. Two of these commenters indicated they
would also support higher quotas. Other commenters noted an
appreciation for the stability the specifications provided and that
there would not be value in shifting mortality to discards.
Response: NMFS notes the commenters' support and is implementing
the catch limits as proposed.
Comment 17: One commenter discussed the approach to setting
recreational management measures and requested additional information
on the recreational target.
Response: This action sets catch limits, including RHLs, for summer
flounder, scup, black sea bass, and bluefish for the 2025 fishing year.
Recreational measures for black sea bass will be developed through a
separate action. Comments on the recreational management measure-
setting approach, which was implemented through a previous rule (88 FR
14499, March 9, 2023), are outside the scope of this action, but more
information can be found in the NEPA document prepared for that action
(<a href="https://www.mafmc.org/s/SFSBSB_BF_HCR_EA_submission2.pdf">https://www.mafmc.org/s/SFSBSB_BF_HCR_EA_submission2.pdf</a>).
Comment 18: One commenter asked whether NMFS is ceding its
authority to the Commission based on the disapproval of specific
measures in Amendment 23 to the Summer Flounder, Scup, and Black Sea
Bass FMP.
Response: This action sets catch limits for summer flounder, scup,
black sea bass, and bluefish for the 2025 fishing year. Comments on the
measures in Amendment 23, which was addressed through a previous rule
(89 FR 79778, October 1, 2024), are outside the scope of this action.
Comment 19: One commenter who supported the proposed specifications
noted a disconnect between bluefish rebuilding and fishing mortality
and hoped to see future specifications set with the understanding that
they have little impact on the stock status or achieving the rebuilding
target.
Response: The bluefish rebuilding plan was implemented under
Amendment 7 to the Bluefish FMP (86 FR 66977, November 24, 2021).
Amendment 7 implemented a 7-year constant fishing mortality to rebuild
the bluefish stock by 2028. The 7-year rebuilding period was selected
over both 4-year and 5-year rebuilding alternatives, allowing for a
higher ABC. This action sets bluefish specifications for fishing year
2025 in accordance with the rebuilding plan and the recommendation of
the Council. Comments on the rebuilding plan, which is not proposed to
be modified here, and future bluefish specifications are outside the
scope of this action.
Comment 20: One commenter expressed that offshore wind energy
development poses a risk to North Atlantic right whales.
Response: This action sets catch limits for summer flounder, scup,
black sea bass, and bluefish for the 2025 fishing year. Comments on
wind energy development are outside the scope of this action.
Changes From the Proposed Rule
This final rule includes adjustments to the summer flounder state-
by-state commercial quotas to account for prior overages identified in
the final catch information for fishing year 2023 and preliminary catch
information for fishing year 2024.
Classification
This action is taken pursuant to section 305(d) of the Magnuson-
Stevens Act. The NMFS Assistant Administrator has determined that this
final rule is consistent with the Summer Flounder, Scup, and Black Sea
Bass FMP, the Bluefish FMP, other provisions of the Magnuson-Stevens
Act, and other applicable law.
The Assistant Administrator for Fisheries finds that the need to
implement these measures in a timely manner constitutes good cause,
under the authority contained in 5 U.S.C. 553(d)(3), to waive the 30-
day delay in effective date of this action. This action implements 2025
specifications for the summer flounder, scup, black sea bass, and
bluefish fisheries. These specifications should be effective by the
start of the fishing year for all four species on January 1, 2025. It
must be published on or before December 31, 2024.
This rule is being issued at the earliest possible date.
Preparation of the final rule is dependent on the analysis of
commercial summer flounder landings for the prior fishing year (2023)
and the current fishing year through October 31, 2024, to determine
whether any overages have occurred and adjustments are needed to the
final state quotas. This process is codified in the summer flounder
regulations and, therefore, cannot be performed earlier. A proposed
rule was published on October 16, 2024, with a public comment period
through October 31, 2024. This final rule is being published as soon as
possible following closure of the comment period. Annual publication of
the summer flounder quotas prior to the start of the fishing year, by
December 31, is required by Court Order in North Carolina Fisheries
Association v. Daley.
NMFS has determined that this action would not have a substantial
direct effect on one or more Indian Tribes, on the relationship between
the Federal Government and Indian Tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
Tribes; therefore, consultation with Tribal officials under Executive
Order (E.O.) 13175 is not required, and the requirements of sections
(5)(b) and (5)(c) of E.O. 13175 also do not apply. A Tribal summary
impact statement under section (5)(b)(2)(B) and section (5)(c)(2)(B) of
E.O. 13175 is not required and has not been prepared.
[[Page 99147]]
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. As a result, a regulatory flexibility
analysis was not required and none was prepared.
This final rule is exempt from the procedures of E.O. 12866 because
this action contains no implementing regulations.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: December 4, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2024-28845 Filed 12-9-24; 8:45 am]
BILLING CODE 3510-22-P
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