Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; 2022 and Projected 2023 Specifications, 5739-5741 [2022-01996]
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Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Rules and Regulations
Another principal consideration is the
objective of providing opportunities to
harvest the available General category
quota, based on the objectives of the
2006 Consolidated HMS FMP and its
amendments, including to achieve
optimum yield on a continuing basis
and to allow all permit categories a
reasonable opportunity to harvest
available BFT quota allocations (related
to § 635.27(a)(8)(x)). For the General
category, this includes providing
opportunities equitably across all timeperiods.
Given these considerations, NMFS is
transferring 26 mt from the adjusted
Reserve category quota to the General
category January through March 2022
subquota time period. Therefore, NMFS
adjusts the General category January
through March subquota to 75 mt, and
adjusts the Reserve category quota to
168 mt (194 mt¥26 mt = 168 mt). The
General category fishery will remain
open until March 31, 2022, or until the
adjusted General category quota is
reached, whichever comes first.
jspears on DSK121TN23PROD with RULES1
Monitoring and Reporting
NMFS will continue to monitor the
BFT fisheries closely. Dealers are
required to submit landing reports
within 24 hours of a dealer receiving
BFT. Late reporting by dealers
compromises NMFS’ ability to timely
implement actions such as quota and
retention limit adjustments, as well as
closures, and may result in enforcement
actions. Additionally, and separate from
the dealer reporting requirement,
General and HMS Charter/Headboat
category vessel owners are required to
report the catch of all BFT retained or
discarded dead within 24 hours of the
landing(s) or end of each trip, by
accessing hmspermits.noaa.gov, using
the HMS Catch Reporting app, or calling
(888) 872–8862 (Monday through Friday
from 8 a.m. until 4:30 p.m.).
Depending on the level of fishing
effort and catch rates of BFT, NMFS
may determine that additional
adjustments (e.g., quota adjustment,
daily retention limit adjustment, or
closure) are necessary to ensure
available quota is not exceeded or to
enhance scientific data collection from,
and fishing opportunities in, all
geographic areas. If needed, subsequent
adjustments will be published in the
Federal Register. In addition, fishermen
may call the Atlantic Tunas Information
Line at (978) 281–9260, or access
hmspermits.noaa.gov, for updates on
quota monitoring and inseason
adjustments.
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Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act and regulations at 50 CFR part 635,
and it is exempt from review under
Executive Order 12866.
The Assistant Administrator for
NMFS finds that it is impracticable and
contrary to the public interest to provide
prior notice of, and an opportunity for
public comment on, the transfer from
the Reserve category to the General
category for the following reasons:
The regulations implementing the
2006 Consolidated HMS FMP and
amendments provide for inseason
adjustments to respond to the
unpredictable nature of BFT availability
on the fishing grounds, the migratory
nature of this species, and the regional
variations in the BFT fishery. This
fishery is currently underway and
delaying this action would be contrary
to the public interest as BFT landings
could otherwise exceed the adjusted
January through March 2022 General
category quota and result in an earlier
closure of the fishery while fish are
available on the fishing grounds.
Transferring quota from the Reserve
category to the General category does
not affect the overall U.S. BFT quota,
and available data shows the adjustment
would have a minimal risk of exceeding
the ICCAT-allocated quota. NMFS notes
that the public had an opportunity to
comment on the underlying
rulemakings that established the U.S.
BFT quota, measures to reallocate quota,
and the inseason adjustment criteria.
For all of the above reasons, there is
good cause under 5 U.S.C. 553(d) to
waive the 30-day delay in effectiveness.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: January 28, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2022–02123 Filed 1–28–22; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 220126–0034; 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
AGENCY:
PO 00000
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Fmt 4700
Sfmt 4700
5739
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
NMFS issues final
specifications for the 2022 Atlantic
bluefish fishery, and projected
specifications for 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 final fishery
specifications for the 2022 fishing year.
DATES: Effective February 2, 2022.
ADDRESSES: The Mid-Atlantic Fishery
Management Council prepared an
environmental assessment (EA) for these
specifications that describes the action
and other considered alternatives. The
EA provides an analysis of the
biological, economic, and social impacts
of the preferred measures and other
considered alternatives. Copies of these
specifications, including the EA,
Regulatory Flexibility Act Analyses, and
other supporting documents for the
action are available upon request from
Dr. Christopher M. 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:
SUMMARY:
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 3 years
at a time. This action implements
bluefish specifications for the 2022
fishing year, and projects specifications
for 2023, based on Council and
Commission recommendations.
These specifications incorporate
several revised measures from
Amendment 7 to the FMP (86 FR 66977;
November 24, 2021), including the
rebuilding plan for the stock, and
phased-in reallocation of commercial
E:\FR\FM\02FER1.SGM
02FER1
5740
Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Rules and Regulations
quota among the states in the
management unit. There was also an
overage of the fishery ACL caused by
recreational catch in 2020, which will
be accounted for through a pound-forpound payback from the 2022
recreational ACT according to the
accountability measures (AM) defined
in the FMP (50 CFR 648.163(d)(1)).
There is no sector transfer in these
specifications because the stock is
overfished. This action contains no
changes to the recreational management
measures because the expected
recreational landings under the existing
measures are likely to fully achieve the
RHL.
The proposed rule for this action
published in the Federal Register on
December 2, 2021 (86 FR 68456), and
comments were accepted through
December 17, 2021. NMFS received two
comments from the public, and no
changes were made to the final rule as
a result of those comments (see
Comments and Responses for additional
detail). Additional background
information regarding the development
of these specifications was provided in
the proposed rule and is not repeated
here.
Final Specifications
This action implements the Council
and Commission’s recommended 2022
and projected 2023 bluefish catch
specifications, as outlined in the
proposed rule. These specifications
increase the 2022 fishery ABC by about
55 percent, and raise the 2022
commercial quota and RHL by 28
percent and 67 percent, respectively
(Table 1).
TABLE 1—COMPARISON OF 2021, 2022, AND 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
Metric
tons
32.98
16.28
2.77
13.51
0
2.77
8.34
0
2.77
8.34
Million
lb
17,228
7,385
1,255
6,130
0
1,255
3,785
0
1,255
3,785
2023
Metric
tons
40.56
25.26
3.54
21.73
3.65
3.54
13.89
0
3.54
13.89
Million
lb
18,399
11,460
1,604
9,856
1,656
1,604
6,298
0
1,604
6,298
45.17
30.62
4.29
26.34
0
4.29
22.14
0
4.29
22.14
Metric
tons
20,490
13,890
1,945
11,945
0
1,945
10,044
0
1,945
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 = 2,204.6226 lb.
The final commercial quota is
allocated among the states from Maine
to Florida based on percent shares
specified in the FMP; however,
Amendment 7 reallocated those percent
shares, to be phased in over 7 years.
Table 2 provides the commercial state
allocations for 2022 and 2023 based on
the final coastwide commercial quotas
for each year, and the applicable
reallocated changes to the percent
shares 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.
TABLE 2—2022 AND 2023 BLUEFISH STATE COMMERCIAL QUOTA ALLOCATIONS
2022
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State
Percent
share
Quota
(lb)
2023
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, this action
makes no changes to the recreational
management measures, as the expected
VerDate Sep<11>2014
16:37 Feb 01, 2022
Jkt 256001
recreational landings of 13.58 million
pounds (6,160 metric tons) under the
existing measures are likely to achieve
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Sfmt 4700
the proposed RHL. The specifications
for 2023 are projected based on the
available data and the second year of the
E:\FR\FM\02FER1.SGM
02FER1
Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Rules and Regulations
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 notification prior to the
2023 fishing year to confirm these limits
as projected or propose any necessary
changes.
Comments and Responses
The public comment period for the
proposed rule ended on December 17,
2021, and NMFS received two
comments from the public. One
commenter stated that beach
replenishment efforts are destroying
coastal habitats and disrupting the
coastal food chain, and this is negatively
affecting the bluefish stock and biomass
numbers; especially inshore where most
of the recreational fishery occurs. This
action affects the annual catch limits
and quotas in the bluefish fishery.
Environmental impacts and habitat
conditions are analyzed in the EA for
this action. The second commenter
supported the action, and is in favor of
overall increased quotas for the bluefish
fishery. They commented that Florida
should receive a higher percentage of
the commercial quota, but support these
specifications overall. State commercial
quota allocations were the subject of a
recent amendment to the Bluefish FMP,
and changes to these allocations are
beyond the scope of this specifications
action. No changes to the proposed
specifications were made as a result of
these comments.
Changes From the Proposed Rule
There are no substantive changes from
the proposed rule.
Classification
jspears on DSK121TN23PROD with RULES1
Pursuant to section 304(b)(3) of the
Magnuson Stevens Fishery Conservation
and Management Act (MagnusonStevens Act), the NMFS Assistant
Administrator, Greater Atlantic Region,
has determined that these final
specifications are necessary for the
conservation and management of the
VerDate Sep<11>2014
16:37 Feb 01, 2022
Jkt 256001
Atlantic bluefish fishery, and that they
are consistent with the Atlantic Bluefish
FMP, the Magnuson-Stevens Act, and
other applicable law.
The Assistant Administrator for
Fisheries, NOAA, also 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 2022
bluefish fishing year, which began on
January 1, 2022. A delay in effectiveness
well beyond the start of this fishing year
would be contrary to the public interest
as it could create confusion in the
bluefish industry, and compromise the
effectiveness of the new measures to
reallocate commercial quota among the
states. Because the commercial quota is
increasing, a delay too long into the new
fishing year could also cause potential
economic harm to the commercial
bluefish fishery through lost
opportunity to fish under the higher
limits.
Furthermore, this rule is being issued
at the earliest possible date. These
specifications include several changes
that were implemented by Amendment
7 to the Bluefish FMP, and were delayed
until after the final rule for the
amendment published on November 24,
2021 (86 FR 66977). The proposed rule
for these specifications published on
December 2, 2021, with a 15-day
comment period ending December 17,
2021. Because of these administrative
delays, this final rule will not be
effective for the January 1 start of the
fishing year; however, a 30-day delay in
effectiveness would postpone
implementation of final 2022
specifications well into the fishing year,
which is contrary to the public interest.
State agencies also use commerciallyallocated quotas to set annual state
management measures. The longer these
specifications are delayed, the longer it
will take for some states to implement
their respective regulations.
Finally, regulated parties do not
require any additional time to come into
compliance with this rule, and thus, a
30-day delay would not benefit the
regulated community in this regard.
Unlike actions that require an
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5741
adjustment period, bluefish fishery
participants will not have to purchase
new equipment or otherwise expend
time or money to comply with these
management measures. Rather,
complying with this final rule simply
means adhering to the new catch limits
set for the fishing year. Fishery
stakeholders have also been involved in
the development of this action and are
anticipating this rule. Therefore, NMFS
finds good cause not to delay this final
rule’s effectiveness, consistent with 5
U.S.C. 553(d)(3).
For these reasons, NMFS finds that a
30-day delay in effectiveness would be
contrary to the public interest, and
therefore, waives the requirement
consistent with 5 U.S.C. 553(d)(1) and
(3). As a result, there is good cause to
implement this action on February 2,
2022.
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 is not required and none was
prepared.
This final rule does not duplicate,
conflict, or overlap with any existing
Federal rules.
This action contains no information
collection requirements under the
Paperwork Reduction Act of 1995.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 26, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2022–01996 Filed 2–1–22; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\02FER1.SGM
02FER1
Agencies
[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Rules and Regulations]
[Pages 5739-5741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01996]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 220126-0034; 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: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues final specifications for the 2022 Atlantic
bluefish fishery, and projected specifications for 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 final fishery
specifications for the 2022 fishing year.
DATES: Effective February 2, 2022.
ADDRESSES: The Mid-Atlantic Fishery Management Council prepared an
environmental assessment (EA) for these specifications that describes
the action and other considered alternatives. The EA provides an
analysis of the biological, economic, and social impacts of the
preferred measures and other considered alternatives. Copies of these
specifications, including the EA, Regulatory Flexibility Act Analyses,
and other supporting documents for the action are available upon
request from Dr. Christopher M. 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 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 3 years at a time. This action
implements bluefish specifications for the 2022 fishing year, and
projects specifications for 2023, based on Council and Commission
recommendations.
These specifications incorporate several revised measures from
Amendment 7 to the FMP (86 FR 66977; November 24, 2021), including the
rebuilding plan for the stock, and phased-in reallocation of commercial
[[Page 5740]]
quota among the states in the management unit. There was also an
overage of the fishery ACL caused by recreational catch in 2020, which
will be accounted for through a pound-for-pound payback from the 2022
recreational ACT according to the accountability measures (AM) defined
in the FMP (50 CFR 648.163(d)(1)). There is no sector transfer in these
specifications because the stock is overfished. This action contains no
changes to the recreational management measures because the expected
recreational landings under the existing measures are likely to fully
achieve the RHL.
The proposed rule for this action published in the Federal Register
on December 2, 2021 (86 FR 68456), and comments were accepted through
December 17, 2021. NMFS received two comments from the public, and no
changes were made to the final rule as a result of those comments (see
Comments and Responses for additional detail). Additional background
information regarding the development of these specifications was
provided in the proposed rule and is not repeated here.
Final Specifications
This action implements the Council and Commission's recommended
2022 and projected 2023 bluefish catch specifications, as outlined in
the proposed rule. These specifications increase the 2022 fishery ABC
by about 55 percent, and raise the 2022 commercial quota and RHL by 28
percent and 67 percent, respectively (Table 1).
Table 1--Comparison of 2021, 2022, and 2023 Bluefish Specifications *
----------------------------------------------------------------------------------------------------------------
2021 2022 2023
-----------------------------------------------------------
Million Metric Million Metric Million Metric
lb tons lb tons lb 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 = 2,204.6226 lb.
The final commercial quota is allocated among the states from Maine
to Florida based on percent shares specified in the FMP; however,
Amendment 7 reallocated those percent shares, to be phased in over 7
years. Table 2 provides the commercial state allocations for 2022 and
2023 based on the final coastwide commercial quotas for each year, and
the applicable reallocated changes to the percent shares 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.
Table 2--2022 and 2023 Bluefish State Commercial Quota Allocations
----------------------------------------------------------------------------------------------------------------
2022 2023
-----------------------------------------------------------------------
State Percent Percent
share Quota (lb) Quota (kg) 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, this action makes no changes to the
recreational management measures, as the expected recreational landings
of 13.58 million pounds (6,160 metric tons) under the existing measures
are likely to achieve the proposed RHL. The specifications for 2023 are
projected based on the available data and the second year of the
[[Page 5741]]
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 notification prior
to the 2023 fishing year to confirm these limits as projected or
propose any necessary changes.
Comments and Responses
The public comment period for the proposed rule ended on December
17, 2021, and NMFS received two comments from the public. One commenter
stated that beach replenishment efforts are destroying coastal habitats
and disrupting the coastal food chain, and this is negatively affecting
the bluefish stock and biomass numbers; especially inshore where most
of the recreational fishery occurs. This action affects the annual
catch limits and quotas in the bluefish fishery. Environmental impacts
and habitat conditions are analyzed in the EA for this action. The
second commenter supported the action, and is in favor of overall
increased quotas for the bluefish fishery. They commented that Florida
should receive a higher percentage of the commercial quota, but support
these specifications overall. State commercial quota allocations were
the subject of a recent amendment to the Bluefish FMP, and changes to
these allocations are beyond the scope of this specifications action.
No changes to the proposed specifications were made as a result of
these comments.
Changes From the Proposed Rule
There are no substantive changes from the proposed rule.
Classification
Pursuant to section 304(b)(3) of the Magnuson Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), the NMFS
Assistant Administrator, Greater Atlantic Region, has determined that
these final specifications are necessary for the conservation and
management of the Atlantic bluefish fishery, and that they are
consistent with the Atlantic Bluefish FMP, the Magnuson-Stevens Act,
and other applicable law.
The Assistant Administrator for Fisheries, NOAA, also 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 2022 bluefish fishing year,
which began on January 1, 2022. A delay in effectiveness well beyond
the start of this fishing year would be contrary to the public interest
as it could create confusion in the bluefish industry, and compromise
the effectiveness of the new measures to reallocate commercial quota
among the states. Because the commercial quota is increasing, a delay
too long into the new fishing year could also cause potential economic
harm to the commercial bluefish fishery through lost opportunity to
fish under the higher limits.
Furthermore, this rule is being issued at the earliest possible
date. These specifications include several changes that were
implemented by Amendment 7 to the Bluefish FMP, and were delayed until
after the final rule for the amendment published on November 24, 2021
(86 FR 66977). The proposed rule for these specifications published on
December 2, 2021, with a 15-day comment period ending December 17,
2021. Because of these administrative delays, this final rule will not
be effective for the January 1 start of the fishing year; however, a
30-day delay in effectiveness would postpone implementation of final
2022 specifications well into the fishing year, which is contrary to
the public interest. State agencies also use commercially-allocated
quotas to set annual state management measures. The longer these
specifications are delayed, the longer it will take for some states to
implement their respective regulations.
Finally, regulated parties do not require any additional time to
come into compliance with this rule, and thus, a 30-day delay would not
benefit the regulated community in this regard. Unlike actions that
require an adjustment period, bluefish fishery participants will not
have to purchase new equipment or otherwise expend time or money to
comply with these management measures. Rather, complying with this
final rule simply means adhering to the new catch limits set for the
fishing year. Fishery stakeholders have also been involved in the
development of this action and are anticipating this rule. Therefore,
NMFS finds good cause not to delay this final rule's effectiveness,
consistent with 5 U.S.C. 553(d)(3).
For these reasons, NMFS finds that a 30-day delay in effectiveness
would be contrary to the public interest, and therefore, waives the
requirement consistent with 5 U.S.C. 553(d)(1) and (3). As a result,
there is good cause to implement this action on February 2, 2022.
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 is not
required and none was prepared.
This final rule does not duplicate, conflict, or overlap with any
existing Federal rules.
This action contains no information collection requirements under
the Paperwork Reduction Act of 1995.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 26, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2022-01996 Filed 2-1-22; 8:45 am]
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