Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; 2022 and Projected 2023 Specifications, 68456-68459 [2021-25901]
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Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Proposed Rules
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been implicated in the captures of S.
teuszii in areas adjacent to the Banc
d’Arguin (Collins 2015). Additionally,
Collins (2015) notes that migrant
fishermen from Senegal, Guinea
(Conakry), and Sierra Leone have been
found exploiting waters of GuineaBissau, which does not have a strong
fishing tradition, and thus the artisanal
fishing tradition is limited in this
country’s waters. However, captures of
dolphins and manatees, along with
declines of nesting sea turtles have been
reported, thus raising concern for S.
teuszii (Collins 2015, Collins et al.
2017).
In general, declines in other target fish
species may affect the Atlantic
humpback dolphin population by
increasing artisanal fishing effort and
pressure, leading to increased bycatch
risk for the species (Collins 2015,
Collins et al. 2017). Industrial fisheries
compound this issue by competing for
increasingly scant resources, as well as
fishing in zones set aside for artisanal
fishermen and areas where dolphins are
known to occur (Collins 2015, Collins et
al. 2017). For example, Collins (2015)
notes that trawlers fishing illegally
within Conkouati Douli National Park
(Republic of the Congo) impel artisanal
fishermen to set their nets closer to
shore (for fear of losing their nets in
trawls), raising bycatch risks for coastal
species, like S. teuszii.
Overall, the information presented in
the petition and briefly summarized
here regarding the Atlantic humpback
dolphin’s specific habitat requirements,
low estimated abundance, fragmented
distribution, and the immediate threat
of fisheries bycatch and potential
targeted harvest lead us to conclude that
listing the species as threatened or
endangered may be warranted.
Petition Finding
After reviewing the petition, the
literature cited in the petition, and other
information readily available in our
files, we find that listing S. teuszii as a
threatened or endangered species may
be warranted. Therefore, in accordance
with section 4(b)(3)(A) of the ESA and
NMFS’ implementing regulations (50
CFR 424.14(h)(2)), we will commence a
status review of this species. During the
status review, we will determine
whether S. teuszii is in danger of
extinction (endangered) or likely to
become so in the foreseeable future
(threatened) throughout all or a
significant portion of its range. As
required by section 4(b)(3)(B) of the
ESA, within 12 months of the receipt of
the petition (September 8, 2021), we
will make a finding as to whether listing
the Atlantic humpback dolphin as an
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16:31 Dec 01, 2021
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endangered or threatened species is
warranted. If listing is warranted, we
will publish a proposed rule and solicit
public comments before developing and
publishing a final rule.
Information Solicited
To ensure that the status review is
based on the best available scientific
and commercial data, we are soliciting
comments and information from
interested parties on the status of the
Atlantic humpback dolphin.
Specifically, we are soliciting
information in the following areas:
(1) Historical and current abundance
and population trends of S. teuszii
throughout its range;
(2) Historical and current distribution
and population structure of S. teuszii;
(3) Information on S. teuszii site
fidelity, population connectivity, and
movements within and between
populations (including estimates of
genetic diversity across and within
populations);
(4) Historical and current condition of
S. teuszii habitat;
(5) Information on S. teuszii life
history and reproductive parameters;
(6) Data on S. teuszii diet and prey;
(7) Information and data on common
S. teuszii disease(s) and/or contaminant
exposure;
(8) Historical and current data on S.
teuszii catch, bycatch, and retention in
industrial, commercial, artisanal, and
recreational fisheries throughout its
range;
(9) Past, current, and potential threats,
including any current or planned
activities that may adversely impact S.
teuszii over the short-term or long-term;
(10) Data on trade of S. teuszii
products; and
(11) Management, regulatory, or
conservation programs for S. teuszii,
including mitigation measures related to
any known or potential threats to the
species throughout its range.
We request that all data and
information be accompanied by
supporting documentation such as
maps, bibliographic references, or
reprints of pertinent publications.
Please send any comments in
accordance with the instructions
provided in the ADDRESSES section
above. We will base our findings on a
review of the best available scientific
and commercial data, including relevant
information received during the public
comment period.
References Cited
A complete list of all references cited
herein is available upon request (See
FOR FURTHER INFORMATION CONTACT).
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Authority: The authority for this action is
the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: November 29, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021–26225 Filed 12–1–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 211122–0241;RTID 0648–XX073]
Fisheries of the Northeastern United
States; Atlantic Bluefish Fishery; 2022
and Projected 2023 Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes Atlantic
bluefish specifications for the 2022
fishing year, and projected
specifications for fishing year 2023, as
recommended by the Mid-Atlantic
Fishery Management Council. This
action is necessary to establish
allowable harvest levels to prevent
overfishing while enabling optimum
yield, using the best scientific
information available. This rule also
informs the public of the proposed
fishery specifications and provides an
opportunity for comment.
DATES: Comments must be received by
December 17, 2021.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2021–0107, by the following
method:
Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal.
1. Go to https://www.regulations.gov,
and enter ‘‘NOAA–NMFS–2021–0107’’
in the Search box;
2. Click the ‘‘Comment’’ icon,
complete the required fields; and
3. Enter or attach your comments.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
SUMMARY:
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information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous). If you are unable to
submit your comment through
www.regulations.gov, contact Cynthia
Ferrio, Fishery Policy Analyst,
Cynthia.Ferrio@noaa.gov.
The Mid-Atlantic Fishery
Management Council prepared a draft
environmental assessment (EA) for this
action that describes the proposed
measures and other considered
alternatives. The EA also provides an
economic analysis, as well as an
analysis of the biological, economic, and
social impacts of the proposed measures
and other considered alternatives.
Copies of the specifications document,
including the EA and information on
the economic impacts of the proposed
measures, are available on request from
Dr. Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery
Management Council, Suite 201, 800
North State Street, Dover, DE 19901.
These documents are also accessible via
the internet at 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 Atlantic Bluefish
Fishery Management Plan (FMP). The
FMP requires the specification of an
acceptable biological catch (ABC),
commercial and recreational annual
catch limits (ACL), commercial and
recreational annual catch targets (ACT),
a commercial quota, a recreational
harvest limit (RHL), and any other
management measures, for up to three
years at a time. This action proposes
bluefish catch limit specifications for
the 2022 fishing year, and projects
specifications for 2023, based on
Council and Commission
recommendations.
These proposed specifications are
based on a 2021 assessment update and
the recent Amendment 7 to the Bluefish
FMP, as well as recommendations from
the Council’s Scientific and Statistical
Committee (SSC) and the Bluefish
Monitoring Committee. Amendment 7
was adopted by the Council and
Commission in early June 2021, and the
final rule published on November 24,
2021, 86 FR 66977. This amendment
would implement management
measures that affect these proposed
specifications, including a rebuilding
plan and reallocation of annual quotas
between fishery sectors and among
states. These proposed specifications
were developed based on Amendment 7
measures, and these specifications
would implement the first year of the
rebuilding plan as well as begin the
phasing in of the reallocation of
commercial quota to the states in 2022.
There was a 3.65 million-lb (1,656-mt)
overage of the fishery ACL caused by
recreational catch in 2020. Because the
bluefish fishery is overfished, the
accountability measure (AM) required
by the FMP at 50 CFR 648.163(d)(1) is
a pound-for-pound payback of the
overage against the soonest possible
year’s recreational ACT as a single-year
adjustment. The 2020 overage AM
would therefore be applied to the 2022
specifications under this proposed
action. No sector transfer is allowed
through these specifications because the
stock is still overfished and new sector
transfer provisions of Amendment 7 do
not allow transfer in this situation. No
changes are proposed to recreational
management measures because the
expected recreational landings under
the existing measures are very close to
fully achieving the proposed RHL.
Proposed Specifications
This action proposes the Council’s
recommendations for 2022 and
projected 2023 bluefish catch
specifications, which are consistent
with the SSC and Monitoring
Committee recommendations (Table 1).
These proposed specifications would
increase the fishery ABC by about 55
percent in 2022, and by 21 percent the
following year in 2023. The commercial
quota and RHL are also proposed to
increase by 28 percent and 67 percent
in 2022, respectively, and again by 21
percent and 59 percent in 2023.
TABLE 1—COMPARISON OF 2021, PROPOSED 2022, AND PROJECTED 2023 BLUEFISH SPECIFICATIONS *
2021
Million lb
Overfishing Limit ......................................
ABC = Fishery ACL .................................
Commercial ACL = Commercial ACT ......
Recreational ACL = Recreational ACT ....
Recreational Accountability Measures .....
Commercial Total Allowable Landings
(TAL) .....................................................
Recreational TAL .....................................
Sector Transfer ........................................
Commercial Quota ...................................
RHL ..........................................................
2022
(Proposed)
Metric tons
Million lb
2023
(Projected)
Metric tons
Million lb
Metric tons
32.98
16.28
2.77
13.51
0
17,228
7,385
1,255
6,130
0
40.56
25.26
3.54
21.73
3.65
18,399
11,460
1,604
9,856
1,656
45.17
30.62
4.29
26.34
0
20,490
13,890
1,945
11,945
0
2.77
8.34
0
2.77
8.34
1,255
3,785
0
1,255
3,785
3.54
13.89
0
3.54
13.89
1,604
6,298
0
1,604
6,298
4.29
22.14
0
4.29
22.14
1,945
10,044
0
1,945
10,044
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* Specifications are derived from the ABC in metric tons (mt). When values are converted to millions of pounds the numbers may slightly shift
due to rounding. The conversion factor used is 1 mt = 2204.6226 lb.
Table 2 provides the proposed
commercial state allocations based on
the Council-recommended coastwide
commercial quotas for 2022 and 2023,
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and the phased-in changes to the
percent share allocations to the states
specified in Amendment 7. No states
exceeded their allocated quota in 2020,
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or are projected to do so in 2021;
therefore, no accountability measures
for the commercial fishery are required
for the 2022 fishing year at this time.
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TABLE 2—PROPOSED 2022 AND PROJECTED 2023 BLUEFISH STATE COMMERCIAL QUOTA ALLOCATIONS
2022
(Proposed)
2023
(Projected)
State
Percent
share
Quota
(kg)
Percent
share
Quota
(lb)
Quota
(kg)
Maine .......................................................
New Hampshire .......................................
Massachusetts .........................................
Rhode Island ............................................
Connecticut ..............................................
New York .................................................
New Jersey ..............................................
Delaware ..................................................
Maryland ..................................................
Virginia .....................................................
North Carolina ..........................................
South Carolina .........................................
Georgia ....................................................
Florida ......................................................
0.59
0.39
7.20
7.21
1.24
11.72
14.68
1.68
2.85
11.02
32.06
0.04
0.02
9.31
20,819
13,655
254,748
254,956
43,885
414,693
519,158
59,442
100,698
389,802
1,133,855
1,590
805
329,137
9,443
6,194
115,552
115,646
19,906
188,102
235,486
26,962
45,676
176,811
514,308
721
365
149,294
0.51
0.36
7.69
7.61
1.22
13.06
14.54
1.48
2.69
10.16
32.05
0.05
0.04
8.55
21,807
15,331
329,578
326,165
52,094
560,031
623,295
63,572
115,409
435,625
1,374,077
2,344
1,544
366,585
9,892
6,954
149,494
147,946
23,629
254,026
282,722
28,836
52,349
197,596
623,271
1,063
700
166,280
Total ..................................................
100.00
3,537,096
1,604,400
100.01
4,287,109
1,944,600
As previously mentioned, no changes
to the recreational management
measures are proposed in this action, as
the expected recreational landings of
13.58 million lb (6,160 mt) under the
existing measures are likely to achieve
the proposed RHL. All other federal
management measures would also
remain unchanged under this action.
The projected specifications for 2023
are based on the available data and the
second year of the rebuilding plan
model. However, there is a research
track stock assessment scheduled for
bluefish in 2022. The Council will
review the projected 2023 specifications
in light of any new information,
including this assessment, to determine
if changes need to be made prior to their
implementation. NMFS will publish a
notice prior to the 2023 fishing year to
confirm these limits as projected or
announce any necessary changes.
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Quota
(lb)
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson Stevens Fishery Conservation
and Management Act (MagnusonStevens Act), the NMFS Assistant
Administrator has determined that this
proposed rule is consistent with the
Atlantic Bluefish FMP, other provisions
of the Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment.
This action is exempt from review
under E.O. 12866 because it contains no
implementing regulations.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities.
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The factual basis for this determination
is as follows.
The Council conducted an evaluation
of the potential socioeconomic impacts
of the proposed measures in
conjunction with an EA. There are no
proposed regulatory changes in this
bluefish action, so none are considered
in the evaluation. The proposed
specifications would increase bluefish
catch limits in both 2022 and 2023
compared to 2021 to allow greater
operational flexibility in the fishery,
while still adhering to the rebuilding
plan implemented by Amendment 7.
This action would also incorporate the
quota reallocation changes implemented
by Amendment 7, allocating 86 percent
of the ACL to the recreational sector and
14 percent to the commercial sector, as
well as beginning the 7-year phased-in
reallocation of commercial quota among
the states in 2022.
This action would affect entities that
participate in commercial bluefish
fishing (those that hold commercial
bluefish permits), and those with federal
for-hire (party/charter) recreational
fishing permits for bluefish. Vessels may
hold multiple fishing permits and some
entities own multiple vessels and/or
permits. According to the Northeast
Fisheries Science Center commercial
ownership database, 526 affiliate firms
landed bluefish during the 2018–2020
period (the most recent and complete
data available), with 521 of those
commercial entities categorized as small
businesses and 5 categorized as large
businesses. For the recreational for-hire
fishery, 361 for-hire affiliate firms
generated revenues from recreational
fishing for various species during 2018–
2020. All of those business affiliates are
categorized as small businesses, but it is
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not possible to derive the proportion of
overall revenues for these for-hire firms
resulting from fishing activities for an
individual species such as bluefish.
Nevertheless, given the popularity of
bluefish as a recreational species in the
Mid-Atlantic and New England, it is
likely that revenues generated from
bluefish may be somewhat important for
many of these firms at certain times of
the year.
Overall, proposed specifications for
2022 and projected specifications for
2023 are expected to provide similar
fishing opportunities when compared to
the 2021 fishing year. Although these
catch limits are increasing, there are no
proposed changes to other management
measures, such as recreational bag
limits, that are likely to change fishing
behavior. Entities issued a commercial
bluefish permit may experience a slight
positive impact related to potentially
higher landings throughout the course
of the entire year. However, because
state allocations are changing, there
might be different amounts of quota
available regionally compared to past
years. Often, fishing behavior and short
term landings are based on market
conditions, which are not expected to
substantially change as a result of these
specifications. As such, the proposed
action is not expected to have an impact
on the way the fishery operates or the
revenue of small entities. Overall,
analyses indicate that the proposed
specifications will not substantially
change: Fishing effort, the risk of
overfishing, prices/revenues, or fishery
behavior. Additionally, this action will
not have a significant impact on small
entities. As a result, an initial regulatory
flexibility analysis is not required and
none has been prepared.
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This action would not establish any
new reporting or record-keeping
requirements.
This proposed rule contains no new
information collection requirements
under the Paperwork Reduction Act of
1995.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 23, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021–25901 Filed 12–1–21; 8:45 am]
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]]>Agencies
[Federal Register Volume 86, Number 229 (Thursday, December 2, 2021)]
[Proposed Rules]
[Pages 68456-68459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25901]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 211122-0241;RTID 0648-XX073]
Fisheries of the Northeastern United States; Atlantic Bluefish
Fishery; 2022 and Projected 2023 Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes Atlantic bluefish specifications for the 2022
fishing year, and projected specifications for fishing year 2023, as
recommended by the Mid-Atlantic Fishery Management Council. This action
is necessary to establish allowable harvest levels to prevent
overfishing while enabling optimum yield, using the best scientific
information available. This rule also informs the public of the
proposed fishery specifications and provides an opportunity for
comment.
DATES: Comments must be received by December 17, 2021.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2021-0107, by the following method:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal.
1. Go to https://www.regulations.gov, and enter ``NOAA-NMFS-2021-
0107'' in the Search box;
2. Click the ``Comment'' icon, complete the required fields; and
3. Enter or attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
[[Page 68457]]
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). If you are unable to submit your comment through
www.regulations.gov, contact Cynthia Ferrio, Fishery Policy Analyst,
[email protected].
The Mid-Atlantic Fishery Management Council prepared a draft
environmental assessment (EA) for this action that describes the
proposed measures and other considered alternatives. The EA also
provides an economic analysis, as well as an analysis of the
biological, economic, and social impacts of the proposed measures and
other considered alternatives. Copies of the specifications document,
including the EA and information on the economic impacts of the
proposed measures, are available on request from Dr. Christopher M.
Moore, Executive Director, Mid-Atlantic Fishery Management Council,
Suite 201, 800 North State Street, Dover, DE 19901. These documents are
also accessible via the internet at 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 Atlantic Bluefish
Fishery Management Plan (FMP). The FMP requires the specification of an
acceptable biological catch (ABC), commercial and recreational annual
catch limits (ACL), commercial and recreational annual catch targets
(ACT), a commercial quota, a recreational harvest limit (RHL), and any
other management measures, for up to three years at a time. This action
proposes bluefish catch limit specifications for the 2022 fishing year,
and projects specifications for 2023, based on Council and Commission
recommendations.
These proposed specifications are based on a 2021 assessment update
and the recent Amendment 7 to the Bluefish FMP, as well as
recommendations from the Council's Scientific and Statistical Committee
(SSC) and the Bluefish Monitoring Committee. Amendment 7 was adopted by
the Council and Commission in early June 2021, and the final rule
published on November 24, 2021, 86 FR 66977. This amendment would
implement management measures that affect these proposed
specifications, including a rebuilding plan and reallocation of annual
quotas between fishery sectors and among states. These proposed
specifications were developed based on Amendment 7 measures, and these
specifications would implement the first year of the rebuilding plan as
well as begin the phasing in of the reallocation of commercial quota to
the states in 2022.
There was a 3.65 million-lb (1,656-mt) overage of the fishery ACL
caused by recreational catch in 2020. Because the bluefish fishery is
overfished, the accountability measure (AM) required by the FMP at 50
CFR 648.163(d)(1) is a pound-for-pound payback of the overage against
the soonest possible year's recreational ACT as a single-year
adjustment. The 2020 overage AM would therefore be applied to the 2022
specifications under this proposed action. No sector transfer is
allowed through these specifications because the stock is still
overfished and new sector transfer provisions of Amendment 7 do not
allow transfer in this situation. No changes are proposed to
recreational management measures because the expected recreational
landings under the existing measures are very close to fully achieving
the proposed RHL.
Proposed Specifications
This action proposes the Council's recommendations for 2022 and
projected 2023 bluefish catch specifications, which are consistent with
the SSC and Monitoring Committee recommendations (Table 1). These
proposed specifications would increase the fishery ABC by about 55
percent in 2022, and by 21 percent the following year in 2023. The
commercial quota and RHL are also proposed to increase by 28 percent
and 67 percent in 2022, respectively, and again by 21 percent and 59
percent in 2023.
Table 1--Comparison of 2021, Proposed 2022, and Projected 2023 Bluefish Specifications *
--------------------------------------------------------------------------------------------------------------------------------------------------------
2021 2022 (Proposed) 2023 (Projected)
-----------------------------------------------------------------------------------------------
Million lb Metric tons Million lb Metric tons Million lb Metric tons
--------------------------------------------------------------------------------------------------------------------------------------------------------
Overfishing Limit....................................... 32.98 17,228 40.56 18,399 45.17 20,490
ABC = Fishery ACL....................................... 16.28 7,385 25.26 11,460 30.62 13,890
Commercial ACL = Commercial ACT......................... 2.77 1,255 3.54 1,604 4.29 1,945
Recreational ACL = Recreational ACT..................... 13.51 6,130 21.73 9,856 26.34 11,945
Recreational Accountability Measures.................... 0 0 3.65 1,656 0 0
Commercial Total Allowable Landings (TAL)............... 2.77 1,255 3.54 1,604 4.29 1,945
Recreational TAL........................................ 8.34 3,785 13.89 6,298 22.14 10,044
Sector Transfer......................................... 0 0 0 0 0 0
Commercial Quota........................................ 2.77 1,255 3.54 1,604 4.29 1,945
RHL..................................................... 8.34 3,785 13.89 6,298 22.14 10,044
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Specifications are derived from the ABC in metric tons (mt). When values are converted to millions of pounds the numbers may slightly shift due to
rounding. The conversion factor used is 1 mt = 2204.6226 lb.
Table 2 provides the proposed commercial state allocations based on
the Council-recommended coastwide commercial quotas for 2022 and 2023,
and the phased-in changes to the percent share allocations to the
states specified in Amendment 7. No states exceeded their allocated
quota in 2020, or are projected to do so in 2021; therefore, no
accountability measures for the commercial fishery are required for the
2022 fishing year at this time.
[[Page 68458]]
Table 2--Proposed 2022 and Projected 2023 Bluefish State Commercial Quota Allocations
--------------------------------------------------------------------------------------------------------------------------------------------------------
2022 (Proposed) 2023 (Projected)
State -----------------------------------------------------------------------------------------------
Percent share Quota (lb) Quota (kg) Percent share Quota (lb) Quota (kg)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maine................................................... 0.59 20,819 9,443 0.51 21,807 9,892
New Hampshire........................................... 0.39 13,655 6,194 0.36 15,331 6,954
Massachusetts........................................... 7.20 254,748 115,552 7.69 329,578 149,494
Rhode Island............................................ 7.21 254,956 115,646 7.61 326,165 147,946
Connecticut............................................. 1.24 43,885 19,906 1.22 52,094 23,629
New York................................................ 11.72 414,693 188,102 13.06 560,031 254,026
New Jersey.............................................. 14.68 519,158 235,486 14.54 623,295 282,722
Delaware................................................ 1.68 59,442 26,962 1.48 63,572 28,836
Maryland................................................ 2.85 100,698 45,676 2.69 115,409 52,349
Virginia................................................ 11.02 389,802 176,811 10.16 435,625 197,596
North Carolina.......................................... 32.06 1,133,855 514,308 32.05 1,374,077 623,271
South Carolina.......................................... 0.04 1,590 721 0.05 2,344 1,063
Georgia................................................. 0.02 805 365 0.04 1,544 700
Florida................................................. 9.31 329,137 149,294 8.55 366,585 166,280
-----------------------------------------------------------------------------------------------
Total............................................... 100.00 3,537,096 1,604,400 100.01 4,287,109 1,944,600
--------------------------------------------------------------------------------------------------------------------------------------------------------
As previously mentioned, no changes to the recreational management
measures are proposed in this action, as the expected recreational
landings of 13.58 million lb (6,160 mt) under the existing measures are
likely to achieve the proposed RHL. All other federal management
measures would also remain unchanged under this action.
The projected specifications for 2023 are based on the available
data and the second year of the rebuilding plan model. However, there
is a research track stock assessment scheduled for bluefish in 2022.
The Council will review the projected 2023 specifications in light of
any new information, including this assessment, to determine if changes
need to be made prior to their implementation. NMFS will publish a
notice prior to the 2023 fishing year to confirm these limits as
projected or announce any necessary changes.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), the NMFS
Assistant Administrator has determined that this proposed rule is
consistent with the Atlantic Bluefish FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
This action is exempt from review under E.O. 12866 because it
contains no implementing regulations.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The factual basis for this determination is as follows.
The Council conducted an evaluation of the potential socioeconomic
impacts of the proposed measures in conjunction with an EA. There are
no proposed regulatory changes in this bluefish action, so none are
considered in the evaluation. The proposed specifications would
increase bluefish catch limits in both 2022 and 2023 compared to 2021
to allow greater operational flexibility in the fishery, while still
adhering to the rebuilding plan implemented by Amendment 7. This action
would also incorporate the quota reallocation changes implemented by
Amendment 7, allocating 86 percent of the ACL to the recreational
sector and 14 percent to the commercial sector, as well as beginning
the 7-year phased-in reallocation of commercial quota among the states
in 2022.
This action would affect entities that participate in commercial
bluefish fishing (those that hold commercial bluefish permits), and
those with federal for-hire (party/charter) recreational fishing
permits for bluefish. Vessels may hold multiple fishing permits and
some entities own multiple vessels and/or permits. According to the
Northeast Fisheries Science Center commercial ownership database, 526
affiliate firms landed bluefish during the 2018-2020 period (the most
recent and complete data available), with 521 of those commercial
entities categorized as small businesses and 5 categorized as large
businesses. For the recreational for-hire fishery, 361 for-hire
affiliate firms generated revenues from recreational fishing for
various species during 2018-2020. All of those business affiliates are
categorized as small businesses, but it is not possible to derive the
proportion of overall revenues for these for-hire firms resulting from
fishing activities for an individual species such as bluefish.
Nevertheless, given the popularity of bluefish as a recreational
species in the Mid-Atlantic and New England, it is likely that revenues
generated from bluefish may be somewhat important for many of these
firms at certain times of the year.
Overall, proposed specifications for 2022 and projected
specifications for 2023 are expected to provide similar fishing
opportunities when compared to the 2021 fishing year. Although these
catch limits are increasing, there are no proposed changes to other
management measures, such as recreational bag limits, that are likely
to change fishing behavior. Entities issued a commercial bluefish
permit may experience a slight positive impact related to potentially
higher landings throughout the course of the entire year. However,
because state allocations are changing, there might be different
amounts of quota available regionally compared to past years. Often,
fishing behavior and short term landings are based on market
conditions, which are not expected to substantially change as a result
of these specifications. As such, the proposed action is not expected
to have an impact on the way the fishery operates or the revenue of
small entities. Overall, analyses indicate that the proposed
specifications will not substantially change: Fishing effort, the risk
of overfishing, prices/revenues, or fishery behavior. Additionally,
this action will not have a significant impact on small entities. As a
result, an initial regulatory flexibility analysis is not required and
none has been prepared.
[[Page 68459]]
This action would not establish any new reporting or record-keeping
requirements.
This proposed rule contains no new information collection
requirements under the Paperwork Reduction Act of 1995.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 23, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021-25901 Filed 12-1-21; 8:45 am]
BILLING CODE 3510-22-P
