Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; 2021 Bluefish Specifications, 81421-81424 [2020-27522]
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Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 / Rules and Regulations
from the Tribes and conclude that the
changes to these implementing
regulations make general changes to the
Act’s implementing regulations and do
not directly affect specific species or
Tribal lands or interests. This regulation
defines the term ‘‘habitat’’ as it is
applied to designating critical habitat
and directly affect only the Services.
With or without these regulatory
revisions, the Services would be
obligated to continue to list species and
to designate critical habitat based on the
best available data. Therefore, we
conclude that this regulation does not
have ‘‘tribal implications’’ under section
1(a) of E.O. 13175, and formal
government-to-government consultation
is not required by the executive order
and related policies of the Departments
of Commerce and the Interior. We will
continue to collaborate with Tribes on
issues related to federally listed species
and their habitats and work with them
as we implement the provisions of the
Act. See Joint Secretarial Order 3206
(‘‘American Indian Tribal Rights,
Federal-Tribal Trust Responsibilities,
and the Endangered Species Act,’’ June
5, 1997).
khammond on DSKJM1Z7X2PROD with RULES
Paperwork Reduction Act
This rule does not contain any new
collections of information that require
approval by the OMB under the
Paperwork Reduction Act and does not
alter the existing collection of
information approved under OMB
Control Number 1018–0165. An agency
may not conduct or sponsor, and a
person is not required to respond to, a
collection of information unless it
displays a currently valid OMB control
number.
National Environmental Policy Act
We analyzed this final rule in
accordance with the criteria of the
National Environmental Policy Act
(NEPA), the Department of the Interior
regulations on Implementation of the
National Environmental Policy Act (43
CFR 46.10–46.450), the Department of
the Interior Manual (516 DM 8), the
NOAA Administrative Order 216–6A,
and the NOAA Companion Manual
(CM), ‘‘Policy and Procedures for
Compliance with the National
Environmental Policy Act and Related
Authorities’’ (effective January 13,
2017). This rulemaking responds to
recent Supreme Court case law.
As a result, we conclude that the
categorical exclusion found at 43 CFR
46.210(i) applies to this regulation. At
43 CFR 46.210(i), the Department of the
Interior has found that the following
category of actions would not have a
significant effect on the human
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Jkt 253001
environment and, therefore, that these
actions are categorically excluded from
the requirement for completion of an
environmental assessment or
environmental impact statement:
‘‘Policies, directives, regulations, and
guidelines: that are of an administrative,
financial, legal, technical, or procedural
nature.’’
NOAA’s NEPA procedures include a
similar categorical exclusion for
‘‘preparation of policy directives, rules,
regulations, and guidelines of an
administrative, financial, legal,
technical, or procedural nature.’’
(Categorical Exclusion G7, at CM
Appendix E).
We have considered the extent to
which this regulation has a significant
impact on the human environment and
determined that it falls within one of the
categorical exclusions for actions that
have no effect on the quality of the
human environment.
Energy Supply, Distribution or Use (E.O.
13211)
Executive Order 13211 requires
agencies to prepare Statements of
Energy Effects when undertaking certain
actions. This regulation is not expected
to have a significant adverse effect on
the supply, distribution, or use of
energy, and it has not been otherwise
designated by the Administrator of
OIRA as a significant energy action.
Therefore, this action is a not a
significant energy action, and no
Statement of Energy Effects is required.
Authority
We issue this final rule under the
authority of the Endangered Species
Act, as amended (16 U.S.C. 1531 et
seq.).
List of Subjects in 50 CFR Part 424
Administrative practice and
procedure, Endangered and threatened
species.
George Wallace,
Assistant Secretary for Fish and Wildlife and
Parks, Department of the Interior.
Christopher Wayne Oliver,
Assistant Administrator, National Marine
Fisheries Service, National Oceanic and
Atmospheric Administration.
Regulation Promulgation
For the reasons set out in the
preamble, we hereby amend part 424,
subchapter A of chapter IV, title 50 of
the Code of Federal Regulations, as set
forth below:
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81421
PART 424—LISTING ENDANGERED
AND THREATENED SPECIES AND
DESIGNATING CRITICAL HABITAT
1. The authority citation for part 424
continues to read as follows:
■
Authority: 16 U.S.C. 1531 et seq.
2. Amend § 424.02 by adding a
definition for ‘‘Habitat’’ in alphabetical
order to read as follows:
■
§ 424.02
Definitions.
*
*
*
*
*
Habitat. For the purposes of
designating critical habitat only, habitat
is the abiotic and biotic setting that
currently or periodically contains the
resources and conditions necessary to
support one or more life processes of a
species.
*
*
*
*
*
[FR Doc. 2020–27693 Filed 12–15–20; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 201209–0332; RTID 0648–
XX064]
Fisheries of the Northeastern United
States; Atlantic Bluefish Fishery; 2021
Bluefish Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues final
specifications for the 2021 Atlantic
bluefish fishery. This action is necessary
to establish allowable harvest levels to
prevent overfishing, consistent with the
most recent scientific information, as
required by the Magnuson-Stevens
Fishery Conservation and Management
Act and the Atlantic Bluefish Fishery
Management Plan. This rule also
informs the public of the final fishery
specifications for the 2021 fishing year.
DATES: Effective on January 1, 2021.
ADDRESSES: The Mid-Atlantic Fishery
Management Council prepared a
Supplemental Information Report (SIR)
for these specifications that describes
the action and any changes from the
original environmental assessment (EA)
and analyses for the revised 2020 and
2021 specifications action. Copies of the
SIR, original EA, and other supporting
documents for this action, are available
upon request from Dr. Christopher M.
SUMMARY:
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81422
Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 / Rules and Regulations
Moore, Executive Director, Mid-Atlantic
Fishery Management Council, Suite 201,
800 N State Street, Dover, DE 19901.
These documents are also accessible via
the internet at https://www.mafmc.org/
supporting-documents.
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 bluefish fishery
under the Atlantic Bluefish Fishery
Management Plan (FMP). The FMP
requires the specification of the
acceptable biological catch (ABC),
annual catch limit (ACL), annual catch
targets (ACT), commercial quota,
recreational harvest limit, and other
management measures for up to 3 years
at a time. This action implements
bluefish specifications for the 2021
fishing year.
The August 2019 bluefish operational
assessment concluded that the Atlantic
bluefish stock is overfished but not
subject to overfishing. The most recent
data update (2020) showed increases in
both commercial and recreational catch
in 2019 from 2018, but no change in the
stock status determination from the
2019 assessment. Based on this best
available scientific information, 2021
specifications were proposed with no
changes from those implemented for
2020, except for a reduction of 1.14
million lb (515,811 kg) in the
recreational total allowable landings
(TAL) and recreational harvest limit
(RHL) to account for higher reported
recreational discards in 2019 than
initially projected.
The proposed rule for this action
published in the Federal Register on
November 5, 2020 (85 FR 70573), and
comments were accepted through
November 20, 2020. Additional
background information regarding the
development of these specifications was
provided in the proposed rule and is not
repeated here. NMFS received five
comments from the public, and no
changes to the final rule are necessary
as a result of those comments (see
Comments and Responses for additional
detail).
Final Specifications
This action implements the Council
and Commission’s recommendations for
2021 bluefish catch specifications
(Table 1), as outlined in the proposed
rule. These specifications are status quo
relative to 2020, except for a 12-percent
reduction in the recreational TAL and
RHL to account for the most recent
catch data. The recreational fishery is
expected to fully achieve the RHL.
Therefore, this action does not include
a quota transfer to the commercial
fishery, which is authorized in the FMP
up to a specified amount only if the
recreational fishery is not projected to
achieve the RHL. This action does not
change any other 2021 fishery
management measures, including the
daily recreational bag limits.
TABLE 1—SUMMARY OF FINAL 2021 BLUEFISH SPECIFICATIONS *
Final 2021 specifications
million pounds
Overfishing Limit ......................................................................................................................................................
ABC = ACL ..............................................................................................................................................................
Commercial ACT .....................................................................................................................................................
Recreational ACT ....................................................................................................................................................
Commercial TAL ......................................................................................................................................................
Recreational TAL .....................................................................................................................................................
Sector Transfer ........................................................................................................................................................
Commercial Quota ...................................................................................................................................................
Recreational Harvest Limit ......................................................................................................................................
37.98
16.28
2.77
13.51
2.77
8.34
0.00
2.77
8.34
metric tons
17,228
7,385
1,255
6,130
1,255
3,785
0
1,255
3,785
* 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 = 2204.62262 lb.
The state commercial quota
allocations for 2021 (Table 2) are based
on the final coastwide commercial quota
for 2021, and the allocation percentages
defined in the FMP. No state exceeded
its allocated quota in 2019, nor is
projected to do so in 2020; therefore, no
accountability measures are necessary
for the 2021 commercial fishery.
TABLE 2—2021 BLUEFISH STATE COMMERCIAL QUOTA ALLOCATIONS
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State
Percent share
Maine ...........................................................................................................................................
New Hampshire ...........................................................................................................................
Massachusetts .............................................................................................................................
Rhode Island ................................................................................................................................
Connecticut ..................................................................................................................................
New York .....................................................................................................................................
New Jersey ..................................................................................................................................
Delaware ......................................................................................................................................
Maryland ......................................................................................................................................
Virginia .........................................................................................................................................
North Carolina ..............................................................................................................................
South Carolina .............................................................................................................................
Georgia ........................................................................................................................................
Florida ..........................................................................................................................................
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0.67
0.41
6.72
6.81
1.27
10.39
14.82
1.88
3.00
11.88
32.06
0.04
0.01
10.06
16DER1
Quota
(lb)
18,503
11,473
185,904
188,434
35,049
287,438
410,082
51,985
83,084
328,800
887,377
974
263
278,432
Quota
(kg)
8,391
5,203
84,310
85,458
15,895
130,357
185,978
23,576
37,680
149,116
402,438
442
119
126,273
Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 / Rules and Regulations
81423
TABLE 2—2021 BLUEFISH STATE COMMERCIAL QUOTA ALLOCATIONS—Continued
State
Percent share
Total ......................................................................................................................................
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The Council is developing a
rebuilding plan for the bluefish stock
that will be implemented by the end of
November 2021. This rebuilding plan
will inform development of the next set
of specifications for fishing year 2022.
Comments and Responses
The public comment period for the
proposed rule ended on November 20,
2020, and NMFS received five
comments from the public. No changes
to the proposed specifications were
made as a result of these comments.
Comment 1: One comment voiced
support for the action.
Response: NMFS agrees and is
implementing the proposed
specifications for the reasons outlined
in the preamble to this rule.
Comment 2: Two comments were
submitted by the same individual, who
expressed frustration with the slow
government process and suggested that
an immediate shutdown of the fishery
would be the best way to end
overfishing and protect the bluefish
stock. These comments also questioned
the science used to determine the
proposed catch limits.
Response: NMFS emphasizes the
importance of the regulatory public
process and is proceeding as quickly as
possible within the applicable law. All
of the analyses for this action have been
conducted with the best scientific data
available, and indicate that it is not
necessary to fully close the bluefish
fishery to promote stock recovery. A
stable and sustainable bluefish fishery
can be maintained while the stock
rebuilds with minimal risk to the
resource.
Comment 3: Another commenter
disagreed with the way bluefish
population is monitored and data used
to determine stock health. The comment
went on to claim that all available data
indicates that bluefish stock is healthy
and not overfished. The commenter
then recommended that the proposed
specifications should remain consistent
with earlier years’ catch limits, not
reduce the RHL, and enable a transfer of
quota to the commercial sector because
the healthy stock status does not justify
the proposed restrictions.
Response: NMFS disagrees with the
commenter’s evaluation of the bluefish
stock. The August 2019 operational
stock assessment incorporated data from
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16:21 Dec 15, 2020
Jkt 253001
several fishery dependent and
independent surveys as well as the
Marine Recreational Information
Program. This assessment was peer
reviewed before publication, and is the
best scientific information available
concerning bluefish stock health. The
assessment determined the bluefish
stock to be overfished, and a data
update this year (2020) confirmed this
status has not changed. Restrictions to
management measures were
implemented in February 2020 (85 FR
11863; February 28, 2020) to prevent
overfishing on the overfished stock, as
required by the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act). These
specifications reduce the RHL to further
reduce the risk of overfishing to an
acceptable level, and there is no sector
quota transfer to the commercial fishery
because the recreational sector is
expected to fully catch its entire
allocated quota.
Comment 4: The final commenter
asked about the differences between
state commercial quotas in the proposed
specifications compared to 2020, and
how NMFS calculates the coastwide
bluefish population.
Response: The proposed coastwide
commercial quota is unchanged from
2020, and the percentage that each state
is allocated has not changed since the
allocations were established in
Amendment 1 to the FMP (65 FR 45844;
July 26, 2000). There may be a perceived
proportional difference in final state
quotas due to state-to-state transfers that
have taken place throughout the 2020
fishing year. These transfers are
authorized in the FMP, completed
through mutual agreement between
respective state agencies, and are not an
accountability measure. Revision of
state allocations is being reviewed in
Bluefish Amendment 7, currently in
development. The bluefish stock is
evaluated through regular stock
assessments, which incorporate data
from a variety of fishery dependent and
independent surveys.
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 Act, the NMFS
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100.00
Quota
(lb)
Quota
(kg)
2,767,793
1,255,235
Administrator, Greater Atlantic Region,
has determined that this final rule is
necessary for the conservation and
management of the Atlantic bluefish
fishery, and that it is consistent with the
Atlantic Bluefish FMP, other provisions
of 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
rule to ensure that the final
specifications are in place as close as
practicable to the start of the bluefish
fishing year on January 1, 2021. This
action establishes the final
specifications (i.e., ACLs) for the 2021
bluefish fishery. A delay in effectiveness
well beyond the start of the fishing year
would be contrary to the public interest,
as it could create confusion in the
commercial bluefish industry.
Furthermore, this rule is being issued
at the earliest possible date. The
proposed rule was prepared in October
and published by early November 2020,
and the public comment period ended
on November 20, 2020. Ideally, this
final rule should publish in time to be
effective for the January 1 start of the
fishing year to allow state agencies to
use the implemented commercial quota
allocations to set annual state
management measures. A 30-day delay
in effectiveness would needlessly
postpone implementation of final 2021
specifications well into the fishing year,
which is contrary to the public interest.
The longer these specifications are
delayed, the longer it will take for some
states to implement respective
regulations.
The 30-day delay in implementation
for this rule is also unnecessary because
this rule contains no new measures (e.g.,
requiring new nets or equipment) for
which regulated entities need time to
prepare or revise their current practices.
Unlike actions that require an
adjustment period to comply with new
rules, bluefish fishery participants will
not have to purchase new equipment or
otherwise expend time or money to
comply with these status quo
management measures. Therefore, there
would be no benefit to delaying the
implementation of these specifications.
For these reasons, NMFS finds that a
30-day delay in effectiveness would be
contrary to the public interest, and
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81424
Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES
therefore waives the requirement
consistent with 5 U.S.C. 553(d)(3).
This final rule is exempt from review
under Executive Order 12866 because
the action 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 during
the proposed rule stage that this action
would not have a significant economic
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16:21 Dec 15, 2020
Jkt 253001
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 was not required and none was
prepared.
PO 00000
This action contains no information
collection requirements under the
Paperwork Reduction Act of 1995.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 9, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020–27522 Filed 12–15–20; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 85, Number 242 (Wednesday, December 16, 2020)]
[Rules and Regulations]
[Pages 81421-81424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27522]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 201209-0332; RTID 0648-XX064]
Fisheries of the Northeastern United States; Atlantic Bluefish
Fishery; 2021 Bluefish Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues final specifications for the 2021 Atlantic
bluefish fishery. This action is necessary to establish allowable
harvest levels to prevent overfishing, consistent with the most recent
scientific information, as required by the Magnuson-Stevens Fishery
Conservation and Management Act and the Atlantic Bluefish Fishery
Management Plan. This rule also informs the public of the final fishery
specifications for the 2021 fishing year.
DATES: Effective on January 1, 2021.
ADDRESSES: The Mid-Atlantic Fishery Management Council prepared a
Supplemental Information Report (SIR) for these specifications that
describes the action and any changes from the original environmental
assessment (EA) and analyses for the revised 2020 and 2021
specifications action. Copies of the SIR, original EA, and other
supporting documents for this action, are available upon request from
Dr. Christopher M.
[[Page 81422]]
Moore, Executive Director, Mid-Atlantic Fishery Management Council,
Suite 201, 800 N State Street, Dover, DE 19901. These documents are
also accessible via the internet at https://www.mafmc.org/supporting-documents.
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 bluefish fishery under
the Atlantic Bluefish Fishery Management Plan (FMP). The FMP requires
the specification of the acceptable biological catch (ABC), annual
catch limit (ACL), annual catch targets (ACT), commercial quota,
recreational harvest limit, and other management measures for up to 3
years at a time. This action implements bluefish specifications for the
2021 fishing year.
The August 2019 bluefish operational assessment concluded that the
Atlantic bluefish stock is overfished but not subject to overfishing.
The most recent data update (2020) showed increases in both commercial
and recreational catch in 2019 from 2018, but no change in the stock
status determination from the 2019 assessment. Based on this best
available scientific information, 2021 specifications were proposed
with no changes from those implemented for 2020, except for a reduction
of 1.14 million lb (515,811 kg) in the recreational total allowable
landings (TAL) and recreational harvest limit (RHL) to account for
higher reported recreational discards in 2019 than initially projected.
The proposed rule for this action published in the Federal Register
on November 5, 2020 (85 FR 70573), and comments were accepted through
November 20, 2020. Additional background information regarding the
development of these specifications was provided in the proposed rule
and is not repeated here. NMFS received five comments from the public,
and no changes to the final rule are necessary as a result of those
comments (see Comments and Responses for additional detail).
Final Specifications
This action implements the Council and Commission's recommendations
for 2021 bluefish catch specifications (Table 1), as outlined in the
proposed rule. These specifications are status quo relative to 2020,
except for a 12-percent reduction in the recreational TAL and RHL to
account for the most recent catch data. The recreational fishery is
expected to fully achieve the RHL. Therefore, this action does not
include a quota transfer to the commercial fishery, which is authorized
in the FMP up to a specified amount only if the recreational fishery is
not projected to achieve the RHL. This action does not change any other
2021 fishery management measures, including the daily recreational bag
limits.
Table 1--Summary of Final 2021 Bluefish Specifications *
------------------------------------------------------------------------
Final 2021 specifications
-------------------------------
million pounds metric tons
------------------------------------------------------------------------
Overfishing Limit....................... 37.98 17,228
ABC = ACL............................... 16.28 7,385
Commercial ACT.......................... 2.77 1,255
Recreational ACT........................ 13.51 6,130
Commercial TAL.......................... 2.77 1,255
Recreational TAL........................ 8.34 3,785
Sector Transfer......................... 0.00 0
Commercial Quota........................ 2.77 1,255
Recreational Harvest Limit.............. 8.34 3,785
------------------------------------------------------------------------
* 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 = 2204.62262
lb.
The state commercial quota allocations for 2021 (Table 2) are based
on the final coastwide commercial quota for 2021, and the allocation
percentages defined in the FMP. No state exceeded its allocated quota
in 2019, nor is projected to do so in 2020; therefore, no
accountability measures are necessary for the 2021 commercial fishery.
Table 2--2021 Bluefish State Commercial Quota Allocations
----------------------------------------------------------------------------------------------------------------
State Percent share Quota (lb) Quota (kg)
----------------------------------------------------------------------------------------------------------------
Maine........................................................... 0.67 18,503 8,391
New Hampshire................................................... 0.41 11,473 5,203
Massachusetts................................................... 6.72 185,904 84,310
Rhode Island.................................................... 6.81 188,434 85,458
Connecticut..................................................... 1.27 35,049 15,895
New York........................................................ 10.39 287,438 130,357
New Jersey...................................................... 14.82 410,082 185,978
Delaware........................................................ 1.88 51,985 23,576
Maryland........................................................ 3.00 83,084 37,680
Virginia........................................................ 11.88 328,800 149,116
North Carolina.................................................. 32.06 887,377 402,438
South Carolina.................................................. 0.04 974 442
Georgia......................................................... 0.01 263 119
Florida......................................................... 10.06 278,432 126,273
-----------------------------------------------
[[Page 81423]]
Total....................................................... 100.00 2,767,793 1,255,235
----------------------------------------------------------------------------------------------------------------
The Council is developing a rebuilding plan for the bluefish stock
that will be implemented by the end of November 2021. This rebuilding
plan will inform development of the next set of specifications for
fishing year 2022.
Comments and Responses
The public comment period for the proposed rule ended on November
20, 2020, and NMFS received five comments from the public. No changes
to the proposed specifications were made as a result of these comments.
Comment 1: One comment voiced support for the action.
Response: NMFS agrees and is implementing the proposed
specifications for the reasons outlined in the preamble to this rule.
Comment 2: Two comments were submitted by the same individual, who
expressed frustration with the slow government process and suggested
that an immediate shutdown of the fishery would be the best way to end
overfishing and protect the bluefish stock. These comments also
questioned the science used to determine the proposed catch limits.
Response: NMFS emphasizes the importance of the regulatory public
process and is proceeding as quickly as possible within the applicable
law. All of the analyses for this action have been conducted with the
best scientific data available, and indicate that it is not necessary
to fully close the bluefish fishery to promote stock recovery. A stable
and sustainable bluefish fishery can be maintained while the stock
rebuilds with minimal risk to the resource.
Comment 3: Another commenter disagreed with the way bluefish
population is monitored and data used to determine stock health. The
comment went on to claim that all available data indicates that
bluefish stock is healthy and not overfished. The commenter then
recommended that the proposed specifications should remain consistent
with earlier years' catch limits, not reduce the RHL, and enable a
transfer of quota to the commercial sector because the healthy stock
status does not justify the proposed restrictions.
Response: NMFS disagrees with the commenter's evaluation of the
bluefish stock. The August 2019 operational stock assessment
incorporated data from several fishery dependent and independent
surveys as well as the Marine Recreational Information Program. This
assessment was peer reviewed before publication, and is the best
scientific information available concerning bluefish stock health. The
assessment determined the bluefish stock to be overfished, and a data
update this year (2020) confirmed this status has not changed.
Restrictions to management measures were implemented in February 2020
(85 FR 11863; February 28, 2020) to prevent overfishing on the
overfished stock, as required by the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act). These
specifications reduce the RHL to further reduce the risk of overfishing
to an acceptable level, and there is no sector quota transfer to the
commercial fishery because the recreational sector is expected to fully
catch its entire allocated quota.
Comment 4: The final commenter asked about the differences between
state commercial quotas in the proposed specifications compared to
2020, and how NMFS calculates the coastwide bluefish population.
Response: The proposed coastwide commercial quota is unchanged from
2020, and the percentage that each state is allocated has not changed
since the allocations were established in Amendment 1 to the FMP (65 FR
45844; July 26, 2000). There may be a perceived proportional difference
in final state quotas due to state-to-state transfers that have taken
place throughout the 2020 fishing year. These transfers are authorized
in the FMP, completed through mutual agreement between respective state
agencies, and are not an accountability measure. Revision of state
allocations is being reviewed in Bluefish Amendment 7, currently in
development. The bluefish stock is evaluated through regular stock
assessments, which incorporate data from a variety of fishery dependent
and independent surveys.
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 Act, the NMFS
Administrator, Greater Atlantic Region, has determined that this final
rule is necessary for the conservation and management of the Atlantic
bluefish fishery, and that it is consistent with the Atlantic Bluefish
FMP, other provisions of 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 rule to ensure that the final specifications are in place as
close as practicable to the start of the bluefish fishing year on
January 1, 2021. This action establishes the final specifications
(i.e., ACLs) for the 2021 bluefish fishery. A delay in effectiveness
well beyond the start of the fishing year would be contrary to the
public interest, as it could create confusion in the commercial
bluefish industry.
Furthermore, this rule is being issued at the earliest possible
date. The proposed rule was prepared in October and published by early
November 2020, and the public comment period ended on November 20,
2020. Ideally, this final rule should publish in time to be effective
for the January 1 start of the fishing year to allow state agencies to
use the implemented commercial quota allocations to set annual state
management measures. A 30-day delay in effectiveness would needlessly
postpone implementation of final 2021 specifications well into the
fishing year, which is contrary to the public interest. The longer
these specifications are delayed, the longer it will take for some
states to implement respective regulations.
The 30-day delay in implementation for this rule is also
unnecessary because this rule contains no new measures (e.g., requiring
new nets or equipment) for which regulated entities need time to
prepare or revise their current practices. Unlike actions that require
an adjustment period to comply with new rules, bluefish fishery
participants will not have to purchase new equipment or otherwise
expend time or money to comply with these status quo management
measures. Therefore, there would be no benefit to delaying the
implementation of these specifications.
For these reasons, NMFS finds that a 30-day delay in effectiveness
would be contrary to the public interest, and
[[Page 81424]]
therefore waives the requirement consistent with 5 U.S.C. 553(d)(3).
This final rule is exempt from review under Executive Order 12866
because the action 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 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 was not
required and none was prepared.
This action contains no information collection requirements under
the Paperwork Reduction Act of 1995.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 9, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020-27522 Filed 12-15-20; 8:45 am]
BILLING CODE 3510-22-P
