Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; 2024 and Projected 2025 Bluefish Specifications, 34-36 [2023-28792]
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Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 221223–0282; RTID 0648–
XD616]
Fisheries of the Northeastern United
States; Summer Flounder Fishery;
Quota Transfer From NC to NY
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; quota transfer.
AGENCY:
NMFS announces that the
State of North Carolina is transferring a
portion of its 2023 commercial summer
flounder quota to the State of New York.
This adjustment to the 2023 fishing year
quota is necessary to comply with the
Summer Flounder, Scup, and Black Sea
Bass Fishery Management Plan (FMP)
quota transfer provisions. This
announcement informs the public of the
revised 2023 commercial quotas for
North Carolina and New York.
DATES: Effective December 28, 2023,
through December 31, 2023.
FOR FURTHER INFORMATION CONTACT:
Laura Deighan, Fishery Management
Specialist, (978) 281–9184.
SUPPLEMENTARY INFORMATION:
Regulations governing the summer
flounder fishery are found in 50 CFR
648.100 through 648.111. These
regulations require annual specification
of a commercial quota that is
apportioned among the coastal states
from Maine through North Carolina. The
process to set the annual commercial
quota and the percent allocated to each
state is described in § 648.102 and final
2023 allocations were published on
January 3, 2023 (88 FR 11).
The final rule implementing
Amendment 5 to the Summer Flounder
FMP, as published in the Federal
Register on December 17, 1993 (58 FR
65936), provided a mechanism for
transferring summer flounder
commercial quota from one state to
another. Two or more states, under
mutual agreement and with the
concurrence of the NMFS Greater
Atlantic Regional Administrator, can
transfer or combine summer flounder
commercial quota under § 648.102(c)(2).
The Regional Administrator is required
to consider three criteria in the
evaluation of requests for quota transfers
or combinations: (1) the transfer or
combinations would not preclude the
overall annual quota from being fully
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SUMMARY:
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harvested; (2) the transfer addresses an
unforeseen variation or contingency in
the fishery; and (3) the transfer is
consistent with the objectives of the
FMP and the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). The Regional
Administrator has determined these
three criteria have been met for the
transfer approved in this notification.
North Carolina is transferring 100,000
pounds (lb; 43,359 kilograms (kg)) to
New York through a mutual agreement
between the states. This transfer was
requested to ensure New York would
not exceed its 2023 quota. The revised
summer flounder quotas for 2023 are
North Carolina, 3,031,074 lb (1,374,872
kg), and New York, 1,537,768 lb
(697,520 kg).
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
648.102(c)(2)(i) through (iv), which was
issued pursuant to section 304(b), and is
exempted from review under Executive
Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 28, 2023.
Jon William Bell,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–28892 Filed 12–28–23; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 231221–0314; RTID 0648–
XD357]
Fisheries of the Northeastern United
States; Atlantic Bluefish Fishery; 2024
and Projected 2025 Bluefish
Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final action.
AGENCY:
NMFS issues final Atlantic
bluefish specifications for the 2024
fishing year and projects specifications
for fishing year 2025, as recommended
by the Mid-Atlantic Fishery
Management Council. This action is
necessary to establish allowable harvest
levels for the stock to prevent
overfishing and promote rebuilding,
using the best scientific information
available. This action also informs the
SUMMARY:
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Fmt 4700
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public of the expected specifications for
fishing year 2025.
DATES: Effective January 1 2024.
ADDRESSES: The Mid-Atlantic Fishery
Management Council prepared an
environmental assessment (EA) for these
specifications that describes the action,
other considered alternatives, and
analyses of the impacts of all
alternatives. Copies of the specifications
document, including the EA, are
available on request from Dr.
Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery
Management Council, Suite 201, 800
North State Street, Dover, DE 19901.
These documents are also accessible via
the internet at https://www.mafmc.org/
supporting-documents.
FOR FURTHER INFORMATION CONTACT:
Laura Hansen, Fishery Management
Specialist, (978) 281–9225.
SUPPLEMENTARY INFORMATION:
Background
The Mid-Atlantic Fishery
Management Council (Council) and the
Atlantic States Marine Fisheries
Commission (Commission) jointly
manage the Atlantic Bluefish Fishery
Management Plan (FMP). The FMP
requires the specification of annual
regulatory limits for up to 3 years at a
time, including: acceptable biological
catch (ABC), commercial and
recreational annual catch limits (ACL),
commercial and recreational annual
catch targets (ACT), a commercial quota,
a recreational harvest limit (RHL), and
other management measures. This
action implements bluefish
specifications for the 2024 fishing year,
and projects specifications for 2025,
based on Council and Commission
recommendations.
Recent research track (December
2022) and management track (June
2023) assessments for bluefish have
determined that the stock is no longer
overfished and overfishing is not
occurring. However, the spawning stock
biomass has not yet reached its target
(i.e., the stock has not fully rebuilt), so
the fishery remains under its rebuilding
plan. These specifications decrease the
2024 ABC by 43 percent from 2023,
based on recommendations from the
Council’s Scientific and Statistical
Committee (SSC), results from these
assessments, and the rebuilding plan for
the stock. No uncertainty buffers were
recommended for either the commercial
or recreational sector in 2024 or 2025,
but commercial discards are now
included in the specifications process
and are no longer considered negligible.
Although the stock is no longer
overfished, and therefore transferring
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Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Rules and Regulations
quota between the recreational and
commercial sectors is no longer
prohibited by governing regulations, no
sector quota transfer is included in the
2024 specifications because the fishery
is still under a rebuilding plan. The
resulting 2024 specifications decrease
the commercial quota by 43 percent
from 2023 and the RHL by 15 percent
from the 2023 specifications. No
changes were recommended to
recreational management measures (i.e.,
bag limits), as the average recreational
harvest under these limits (11.54
million pounds (lb); 5,234 metric tons
(mt)) remains just below the RHL for
2024 (11.96 million lb; 5,425 mt). Status
quo recreational measures are also
intended to promote continued stability
and consistency in the fishery while
minimizing the risk of overfishing in the
recreational sector.
The proposed rule for this action was
published in the Federal Register on
November 16, 2023 (88 FR 78715), and
comments were accepted through
December 1, 2023. NMFS received two
comments from the public, and no
changes are made in this final action
because of those comments (see
Comments and Responses for additional
detail). Additional background
information regarding the development
of these specifications was provided in
the proposed rule and is not repeated
here.
Final Specifications
This action implements the Council
and Commission’s recommended 2024
and projected 2025 bluefish catch
specifications, as outlined in the
proposed rule (table 1). These final
specifications decrease all catch limits
in 2024 based on best available
information from the recent assessments
and the rebuilding plan, but project
increases to all limits in 2025. As
previously mentioned, this action makes
no changes to recreational management
measures (such as bag limits), as the
expected recreational landings under
the existing measures are likely to
achieve the 2024 RHL without
exceeding it.
TABLE 1—COMPARISON OF 2023, FINAL 2024, AND PROJECTED 2025 BLUEFISH SPECIFICATIONS *
2023
Million lb
Overfishing Limit ...............................................................................................
ABC = Fishery ACL ..........................................................................................
Commercial ACL = Commercial ACT ...............................................................
Recreational ACL = Recreational ACT .............................................................
Commercial Discards ........................................................................................
Recreational Accountability Measures ..............................................................
Recreational Discards .......................................................................................
Commercial Total Allowable Landings (TAL) ...................................................
Recreational TAL ..............................................................................................
Sector Transfer .................................................................................................
Commercial Quota ............................................................................................
RHL ...................................................................................................................
2024
Metric tons
45.17
30.62
4.29
26.34
0
5.59
6.64
4.29
14.11
0
4.29
14.11
Million lb
20,490
13,890
1,945
11,945
0
2,536
3,012
1,945
6,400
0
1,945
6,400
2025 (projected)
Metric tons
25.87
17.48
2.45
15.03
0.02
0
3.08
2.42
11.96
0
2.42
11.96
Million lb
11,734
7,929
1,110
6,819
11
0
1,396
1,099
5,423
0
1,099
5,423
27.49
21.83
3.06
18.78
0.02
0
3.08
3.03
15.70
0
3.03
15.70
Metric tons
12,467
9,903
1,386
8,517
11
0
1,396
1,375
7,121
0
1,375
7,121
* Specifications are derived from the ABC in metric tons (mt). When values are converted to millions of pounds the numbers may shift due to rounding. The conversion factor used is 1 mt = 2204.6226 lb.
The final coastwide commercial quota
is allocated among the coastal states
from Maine to Florida based on percent
shares specified in the FMP, and the
phased-in changes to these share
allocations specified in Amendment 7 to
the FMP (86 FR 66977, November 24,
2021). The final 2024 and projected
2025 state-allocated commercial quotas
are shown below in table 2. No states
exceeded their allocated quota in 2022
or are projected to do so in 2023;
therefore, no accountability measures
for the commercial fishery are required
for the 2024 fishing year based on the
data available at this time.
TABLE 2—2024 AND PROJECTED 2025 BLUEFISH STATE COMMERCIAL QUOTA ALLOCATIONS
2024
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State
Percent
share
2025 (projected)
Quota
(lb)
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 .......................................................................................
0.43
0.33
8.17
8.01
1.19
14.40
14.40
1.29
2.54
9.30
32.05
0.06
0.05
7.80
10,388
7,975
198,025
194,025
28,821
348,947
348,898
31,139
61,471
225,380
776,452
1,561
1,194
188,899
4,712
3,618
89,823
88,008
13,073
158,280
158,258
14,124
27,883
102,231
352,193
708
541
85,683
0.35
0.30
8.66
8.41
1.16
15.74
14.26
1.09
2.38
8.44
32.04
0.07
0.06
7.04
10,575
9,116
262,473
254,876
35,284
477,171
432,316
32,966
72,213
255,939
971,305
2,248
1,895
213,469
4,797
4,135
119,056
115,610
16,004
216,441
196,095
14,953
32,755
116,092
440,577
1,020
860
96,828
Total ...................................................................................
100
2,422,880
1,099,000
100
3,031,356
1,375,000
Although catch limits are decreasing,
neither the recreational nor the
commercial sector of the fishery is
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expected to be substantially impacted
by this action. Harvest in both sectors
has been decreasing in recent years.
PO 00000
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Coastwide commercial landings have
not exceeded 2.2 million lb (998 mt) in
the last 3 years, and recreational harvest
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Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Rules and Regulations
averaged 11.54 million lb (5,234 mt),
both lower than the new 2024 limits.
The 2025 specifications are projected
based on the new assessment data and
the fourth year of the rebuilding plan
model. The Council will review the
projected 2025 specifications in light of
any new information to determine if
changes are needed prior to their
implementation. NMFS will publish a
notice prior to the 2025 fishing year to
confirm these limits as projected or
announce any necessary changes.
Comments and Responses
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The public comment period for the
proposed rule ended on December 1,
2023, and NMFS received two
comments from the public. No changes
were made to this final action as a result
of these comments. The first comment
asked that NMFS raise the recreational
bag limit for for-hire vessels from five
fish per person to six or seven fish per
person. The commenter explained that
the perception of a possible higher catch
is important to attract and maintain
business, but that most customers are
unlikely to take home more than four or
five fish anyway, so the requested
increase would have little impact on the
bluefish population. Based on recent
recreational data, the expected
recreational landings under the current
bag limit for for-hire vessels of five fish
per person are likely to come very close
to the 2024 RHL. Any liberalization in
the bag limit would substantially
increase the risk of a recreational
overage, and the Council did not find a
compelling reason to make changes to
existing measures at this time.
The next commenter supported the
catch limit reductions in 2024, as they
and their colleagues have personally
seen fewer bluefish available for
recreational fishing recently. They also
questioned the projected increases in
2025, but trust the expert opinions of
the scientists involved. NMFS agrees
that the proposed reductions are
necessary to prevent overfishing and
promote continued rebuilding based on
the 2023 assessment and best available
science. The 2025 specifications will
also be reviewed before their
publication to ensure the fishery can
support the projected future increases.
Changes From the Proposed Rule
There are no substantive changes from
the proposed rule.
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14:37 Dec 29, 2023
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Classification
Pursuant to section 304(b)(3) of the
Magnuson Stevens Fishery Conservation
and Management Act (MagnusonStevens Act), the Assistant
Administrator for Fisheries, NOAA, has
determined that these final
specifications are necessary for the
conservation and management of the
Atlantic bluefish fishery, and that they
are consistent with the Atlantic Bluefish
FMP, the Magnuson-Stevens Act, and
other applicable law.
The Assistant Administrator for
Fisheries, NOAA, finds good cause
under 5 U.S.C. 553(d)(3) to waive the
30-day delay in effective date for this
action to ensure that the final
specifications are in place as close as
practicable to the start of the bluefish
fishing year on January 1, 2024. This
action establishes the final
specifications (i.e., catch limits) for the
2024 bluefish fishery. The need to
implement these measures in a timely
manner to ensure that these final
specifications are in place for the start
of the 2024 bluefish fishing year
constitutes good cause to waive the 30day delay in effective date of this action.
This action is being issued at the
earliest possible date. To ensure that the
action is based on the best available
science and in compliance with the
National Environmental Policy Act, the
rulemaking process is dependent on the
EA which is prepared by the Council.
The proposed rule was prepared in
October 2023 upon receipt of the EA
from the Council, and published in
November 2023 once proper reviews
could be completed. The public
comment period ended on December 1,
2023, and this final action was written
and reviewed as quickly as possible
with the intent to publish in time to be
effective for the January 1 start of the
fishing year.
Furthermore, regulated parties do not
require any additional time to come into
compliance with this action, and thus,
a 30-day delay before it becomes
effective does not provide any benefit.
Unlike actions that require an
adjustment period, vessels fishing for
bluefish will not have to purchase new
equipment or otherwise expend time or
money to comply with these
management measures. Rather,
complying with this final action simply
means adhering to the new catch limits
set for the 2024 fishing year. Fishery
stakeholders have also been involved in
the development of this action and are
anticipating this action.
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Finally, a 30-day delay in
effectiveness would postpone
implementation of these catch limits
well beyond the start of this fishing
year, which is contrary to the public
interest as it could create confusion in
the bluefish industry around current
state quotas. The longer these
specifications are delayed, the longer it
will take for some state agencies to
implement respective regulations and
annual management measures, which
causes further industry confusion, and
tension with state partners. A delay in
effectiveness could also compromise the
efficacy of the new, lower limits to
promote the growth and rebuilding of
the stock, by limiting the time they are
in place during fishing year 2024.
For these reasons, NMFS finds that a
30-day delay in effectiveness would be
contrary to the public interest, and,
therefore, waives the requirement
consistent with 5 U.S.C. 553(d)(3). As a
result, there is good cause to implement
this action upon filing in the Federal
Register.
This final action is exempt from
review under Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification and the initial
certification remains unchanged. As a
result, a final regulatory flexibility
analysis is not required and none was
prepared.
This action would not establish any
new reporting or record-keeping
requirements.
This final action does not duplicate,
conflict, or overlap with any existing
Federal rules.
This action contains no information
collection requirements under the
Paperwork Reduction Act of 1995.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 26, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023–28792 Filed 12–29–23; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 89, Number 1 (Tuesday, January 2, 2024)]
[Rules and Regulations]
[Pages 34-36]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28792]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 231221-0314; RTID 0648-XD357]
Fisheries of the Northeastern United States; Atlantic Bluefish
Fishery; 2024 and Projected 2025 Bluefish Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final action.
-----------------------------------------------------------------------
SUMMARY: NMFS issues final Atlantic bluefish specifications for the
2024 fishing year and projects specifications for fishing year 2025, as
recommended by the Mid-Atlantic Fishery Management Council. This action
is necessary to establish allowable harvest levels for the stock to
prevent overfishing and promote rebuilding, using the best scientific
information available. This action also informs the public of the
expected specifications for fishing year 2025.
DATES: Effective January 1 2024.
ADDRESSES: The Mid-Atlantic Fishery Management Council prepared an
environmental assessment (EA) for these specifications that describes
the action, other considered alternatives, and analyses of the impacts
of all alternatives. Copies of the specifications document, including
the EA, are available on request from Dr. Christopher M. Moore,
Executive Director, Mid-Atlantic Fishery Management Council, Suite 201,
800 North State Street, Dover, DE 19901. These documents are also
accessible via the internet at https://www.mafmc.org/supporting-documents.
FOR FURTHER INFORMATION CONTACT: Laura Hansen, Fishery Management
Specialist, (978) 281-9225.
SUPPLEMENTARY INFORMATION:
Background
The Mid-Atlantic Fishery Management Council (Council) and the
Atlantic States Marine Fisheries Commission (Commission) jointly manage
the Atlantic Bluefish Fishery Management Plan (FMP). The FMP requires
the specification of annual regulatory limits for up to 3 years at a
time, including: acceptable biological catch (ABC), commercial and
recreational annual catch limits (ACL), commercial and recreational
annual catch targets (ACT), a commercial quota, a recreational harvest
limit (RHL), and other management measures. This action implements
bluefish specifications for the 2024 fishing year, and projects
specifications for 2025, based on Council and Commission
recommendations.
Recent research track (December 2022) and management track (June
2023) assessments for bluefish have determined that the stock is no
longer overfished and overfishing is not occurring. However, the
spawning stock biomass has not yet reached its target (i.e., the stock
has not fully rebuilt), so the fishery remains under its rebuilding
plan. These specifications decrease the 2024 ABC by 43 percent from
2023, based on recommendations from the Council's Scientific and
Statistical Committee (SSC), results from these assessments, and the
rebuilding plan for the stock. No uncertainty buffers were recommended
for either the commercial or recreational sector in 2024 or 2025, but
commercial discards are now included in the specifications process and
are no longer considered negligible. Although the stock is no longer
overfished, and therefore transferring
[[Page 35]]
quota between the recreational and commercial sectors is no longer
prohibited by governing regulations, no sector quota transfer is
included in the 2024 specifications because the fishery is still under
a rebuilding plan. The resulting 2024 specifications decrease the
commercial quota by 43 percent from 2023 and the RHL by 15 percent from
the 2023 specifications. No changes were recommended to recreational
management measures (i.e., bag limits), as the average recreational
harvest under these limits (11.54 million pounds (lb); 5,234 metric
tons (mt)) remains just below the RHL for 2024 (11.96 million lb; 5,425
mt). Status quo recreational measures are also intended to promote
continued stability and consistency in the fishery while minimizing the
risk of overfishing in the recreational sector.
The proposed rule for this action was published in the Federal
Register on November 16, 2023 (88 FR 78715), and comments were accepted
through December 1, 2023. NMFS received two comments from the public,
and no changes are made in this final action because of those comments
(see Comments and Responses for additional detail). Additional
background information regarding the development of these
specifications was provided in the proposed rule and is not repeated
here.
Final Specifications
This action implements the Council and Commission's recommended
2024 and projected 2025 bluefish catch specifications, as outlined in
the proposed rule (table 1). These final specifications decrease all
catch limits in 2024 based on best available information from the
recent assessments and the rebuilding plan, but project increases to
all limits in 2025. As previously mentioned, this action makes no
changes to recreational management measures (such as bag limits), as
the expected recreational landings under the existing measures are
likely to achieve the 2024 RHL without exceeding it.
Table 1--Comparison of 2023, Final 2024, and Projected 2025 Bluefish Specifications *
----------------------------------------------------------------------------------------------------------------
2023 2024 2025 (projected)
-----------------------------------------------------------------------------
Million lb Metric tons Million lb Metric tons Million lb Metric tons
----------------------------------------------------------------------------------------------------------------
Overfishing Limit................. 45.17 20,490 25.87 11,734 27.49 12,467
ABC = Fishery ACL................. 30.62 13,890 17.48 7,929 21.83 9,903
Commercial ACL = Commercial ACT... 4.29 1,945 2.45 1,110 3.06 1,386
Recreational ACL = Recreational 26.34 11,945 15.03 6,819 18.78 8,517
ACT..............................
Commercial Discards............... 0 0 0.02 11 0.02 11
Recreational Accountability 5.59 2,536 0 0 0 0
Measures.........................
Recreational Discards............. 6.64 3,012 3.08 1,396 3.08 1,396
Commercial Total Allowable 4.29 1,945 2.42 1,099 3.03 1,375
Landings (TAL)...................
Recreational TAL.................. 14.11 6,400 11.96 5,423 15.70 7,121
Sector Transfer................... 0 0 0 0 0 0
Commercial Quota.................. 4.29 1,945 2.42 1,099 3.03 1,375
RHL............................... 14.11 6,400 11.96 5,423 15.70 7,121
----------------------------------------------------------------------------------------------------------------
* Specifications are derived from the ABC in metric tons (mt). When values are converted to millions of pounds
the numbers may shift due to rounding. The conversion factor used is 1 mt = 2204.6226 lb.
The final coastwide commercial quota is allocated among the coastal
states from Maine to Florida based on percent shares specified in the
FMP, and the phased-in changes to these share allocations specified in
Amendment 7 to the FMP (86 FR 66977, November 24, 2021). The final 2024
and projected 2025 state-allocated commercial quotas are shown below in
table 2. No states exceeded their allocated quota in 2022 or are
projected to do so in 2023; therefore, no accountability measures for
the commercial fishery are required for the 2024 fishing year based on
the data available at this time.
Table 2--2024 and Projected 2025 Bluefish State Commercial Quota Allocations
--------------------------------------------------------------------------------------------------------------------------------------------------------
2024 2025 (projected)
State -----------------------------------------------------------------------------------------------
Percent share Quota (lb) Quota (kg) Percent share Quota (lb) Quota (kg)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maine................................................... 0.43 10,388 4,712 0.35 10,575 4,797
New Hampshire........................................... 0.33 7,975 3,618 0.30 9,116 4,135
Massachusetts........................................... 8.17 198,025 89,823 8.66 262,473 119,056
Rhode Island............................................ 8.01 194,025 88,008 8.41 254,876 115,610
Connecticut............................................. 1.19 28,821 13,073 1.16 35,284 16,004
New York................................................ 14.40 348,947 158,280 15.74 477,171 216,441
New Jersey.............................................. 14.40 348,898 158,258 14.26 432,316 196,095
Delaware................................................ 1.29 31,139 14,124 1.09 32,966 14,953
Maryland................................................ 2.54 61,471 27,883 2.38 72,213 32,755
Virginia................................................ 9.30 225,380 102,231 8.44 255,939 116,092
North Carolina.......................................... 32.05 776,452 352,193 32.04 971,305 440,577
South Carolina.......................................... 0.06 1,561 708 0.07 2,248 1,020
Georgia................................................. 0.05 1,194 541 0.06 1,895 860
Florida................................................. 7.80 188,899 85,683 7.04 213,469 96,828
-----------------------------------------------------------------------------------------------
Total............................................... 100 2,422,880 1,099,000 100 3,031,356 1,375,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
Although catch limits are decreasing, neither the recreational nor
the commercial sector of the fishery is expected to be substantially
impacted by this action. Harvest in both sectors has been decreasing in
recent years. Coastwide commercial landings have not exceeded 2.2
million lb (998 mt) in the last 3 years, and recreational harvest
[[Page 36]]
averaged 11.54 million lb (5,234 mt), both lower than the new 2024
limits. The 2025 specifications are projected based on the new
assessment data and the fourth year of the rebuilding plan model. The
Council will review the projected 2025 specifications in light of any
new information to determine if changes are needed prior to their
implementation. NMFS will publish a notice prior to the 2025 fishing
year to confirm these limits as projected or announce any necessary
changes.
Comments and Responses
The public comment period for the proposed rule ended on December
1, 2023, and NMFS received two comments from the public. No changes
were made to this final action as a result of these comments. The first
comment asked that NMFS raise the recreational bag limit for for-hire
vessels from five fish per person to six or seven fish per person. The
commenter explained that the perception of a possible higher catch is
important to attract and maintain business, but that most customers are
unlikely to take home more than four or five fish anyway, so the
requested increase would have little impact on the bluefish population.
Based on recent recreational data, the expected recreational landings
under the current bag limit for for-hire vessels of five fish per
person are likely to come very close to the 2024 RHL. Any
liberalization in the bag limit would substantially increase the risk
of a recreational overage, and the Council did not find a compelling
reason to make changes to existing measures at this time.
The next commenter supported the catch limit reductions in 2024, as
they and their colleagues have personally seen fewer bluefish available
for recreational fishing recently. They also questioned the projected
increases in 2025, but trust the expert opinions of the scientists
involved. NMFS agrees that the proposed reductions are necessary to
prevent overfishing and promote continued rebuilding based on the 2023
assessment and best available science. The 2025 specifications will
also be reviewed before their publication to ensure the fishery can
support the projected future increases.
Changes From the Proposed Rule
There are no substantive changes from the proposed rule.
Classification
Pursuant to section 304(b)(3) of the Magnuson Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), the Assistant
Administrator for Fisheries, NOAA, has determined that these final
specifications are necessary for the conservation and management of the
Atlantic bluefish fishery, and that they are consistent with the
Atlantic Bluefish FMP, the Magnuson-Stevens Act, and other applicable
law.
The Assistant Administrator for Fisheries, NOAA, finds good cause
under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effective date
for this action to ensure that the final specifications are in place as
close as practicable to the start of the bluefish fishing year on
January 1, 2024. This action establishes the final specifications
(i.e., catch limits) for the 2024 bluefish fishery. The need to
implement these measures in a timely manner to ensure that these final
specifications are in place for the start of the 2024 bluefish fishing
year constitutes good cause to waive the 30-day delay in effective date
of this action.
This action is being issued at the earliest possible date. To
ensure that the action is based on the best available science and in
compliance with the National Environmental Policy Act, the rulemaking
process is dependent on the EA which is prepared by the Council. The
proposed rule was prepared in October 2023 upon receipt of the EA from
the Council, and published in November 2023 once proper reviews could
be completed. The public comment period ended on December 1, 2023, and
this final action was written and reviewed as quickly as possible with
the intent to publish in time to be effective for the January 1 start
of the fishing year.
Furthermore, regulated parties do not require any additional time
to come into compliance with this action, and thus, a 30-day delay
before it becomes effective does not provide any benefit. Unlike
actions that require an adjustment period, vessels fishing for bluefish
will not have to purchase new equipment or otherwise expend time or
money to comply with these management measures. Rather, complying with
this final action simply means adhering to the new catch limits set for
the 2024 fishing year. Fishery stakeholders have also been involved in
the development of this action and are anticipating this action.
Finally, a 30-day delay in effectiveness would postpone
implementation of these catch limits well beyond the start of this
fishing year, which is contrary to the public interest as it could
create confusion in the bluefish industry around current state quotas.
The longer these specifications are delayed, the longer it will take
for some state agencies to implement respective regulations and annual
management measures, which causes further industry confusion, and
tension with state partners. A delay in effectiveness could also
compromise the efficacy of the new, lower limits to promote the growth
and rebuilding of the stock, by limiting the time they are in place
during fishing year 2024.
For these reasons, NMFS finds that a 30-day delay in effectiveness
would be contrary to the public interest, and, therefore, waives the
requirement consistent with 5 U.S.C. 553(d)(3). As a result, there is
good cause to implement this action upon filing in the Federal
Register.
This final action is exempt from review under Executive Order
12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification and the initial certification remains
unchanged. As a result, a final regulatory flexibility analysis is not
required and none was prepared.
This action would not establish any new reporting or record-keeping
requirements.
This final action does not duplicate, conflict, or overlap with any
existing Federal rules.
This action contains no information collection requirements under
the Paperwork Reduction Act of 1995.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 26, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023-28792 Filed 12-29-23; 8:45 am]
BILLING CODE 3510-22-P
