[Federal Register Volume 81, Number 150 (Thursday, August 4, 2016)]
[Rules and Regulations]
[Pages 51370-51374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18424]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 151130999-6594-02]
RIN 0648-XE336


Fisheries of the Northeastern United States; Atlantic Bluefish 
Fishery; 2016-2018 Atlantic Bluefish Specifications

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS is implementing final specifications for the 2016-2018 
bluefish fishery, including catch restrictions for commercial and 
recreational fisheries. This action is necessary to comply with the 
implementing regulations for the Bluefish Fishery Management Plan that 
require us to publish specifications. The intent of this action is to 
implement specifications necessary to constrain harvest of this species 
within scientifically sound recommendations to prevent overfishing.

DATES: The final specifications for the 2016-2018 bluefish fishery are 
effective August 1, 2016, through December 31, 2018.

ADDRESSES: Copies of the specifications document, including the 
Environmental Assessment and Initial Regulatory Flexibility Analysis 
(EA/IRFA) and other supporting documents for the specifications, are 
available 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 www.mafmc.org and www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Elizabeth Scheimer, Fishery Management 
Specialist, (978) 281-9236.

SUPPLEMENTARY INFORMATION:

Background

    The Atlantic Bluefish fishery is jointly managed by the Mid-
Atlantic Fishery Management Council and the Atlantic States Marine 
Fisheries Commission. The management unit for bluefish specified in the 
Atlantic Bluefish Fishery Management Plan is U.S. waters of the western 
Atlantic Ocean. Regulations implementing the FMP appear at 50 CFR part 
648, subparts A and J. The regulations requiring annual specifications 
are found at Sec.  648.162, and are described in the proposed rule. The 
proposed rule for this action published in the Federal Register on 
March 31, 2016 (81 FR 18559), and comments were accepted through April 
15, 2016.

Final Specifications

    A description of the process used to estimate bluefish stock status 
and fishing mortality, as well as the process for deriving the annual 
catch limit (ACL) and associated quotas and harvest limits, is provided 
in the proposed rule and in the bluefish regulations at Sec.  648.160 
through 162, and are not repeated here. The stock is not overfished or 
experiencing overfishing, and the specifications described below 
reflect the best available scientific information for bluefish. The 
final 2016-2018 bluefish specifications are shown in Table 1.

[[Page 51371]]



                                                    Table 1--Final 2016-2018 Bluefish Specifications
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       2016                            2017                            2018
                                                         -----------------------------------------------------------------------------------------------
                                                                lb              mt              lb              mt              lb              mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
OFL.....................................................      25,763,220          11,686      26,444,448          11,995      27,972,252          12,688
ABC.....................................................      19,455,796           8,825      20,641,883           9,363      21,814,742           9,895
ACL.....................................................      19,455,796           8,825      20,641,883           9,363      21,814,742           9,895
Management Uncertainty..................................               0               0               0               0               0               0
Commercial ACT..........................................       3,307,485           1,500       3,509,120           1,592       3,708,506           1,682
Recreational ACT........................................      16,148,311           7,325      17,132,763           7,770      18,106,236           8,213
Commercial Discards.....................................               0               0               0               0               0               0
Recreational Discards...................................       2,989,468           1,356       2,989,468           1,356       2,989,468           1,356
Commercial TAL..........................................       3,307,485           1,500       3,509,120           1,592       3,708,506           1,682
Recreational TAL........................................      13,158,843           5,969      14,143,295           6,414      15,116,768           6,857
Combined TAL............................................      16,466,328           7,469      17,652,415           8,006      18,825,274           8,539
Expected Recreational Landings..........................      11,581,548           5,253      11,581,548           5,253      11,581,548           5,253
Transfer................................................       1,577,295             715       2,561,747           1,161       3,535,220           1,604
Commercial Quota........................................       4,884,780           2,215       6,070,867           2,753       7,243,726           3,286
Recreational Harvest Limit..............................      13,158,843           1,500      14,143,295           6,414      15,116,768           6,857
--------------------------------------------------------------------------------------------------------------------------------------------------------

    A transfer of quota from the recreational fishery to the commercial 
sector is permitted under the FMP up to a commercial fishery quota of 
10.50 million lb (4,763 mt), provided the combined expected 
recreational landings and the commercial quota does not exceed the 
total TAL. The proposed rule for this action contained a sector quota 
transfer based on preliminary 2015 recreational landings data. In the 
interim between the proposed rule and now, the final 2015 Marine 
Recreational Information Program (MRIP) estimates were released in June 
and subsequently revised in July. The final bluefish catch estimate is 
higher than the preliminary value used to calculate the proposed 
measures, but notably lower than the MRIP information provided in June. 
Using these updated recreational landings to project 2016 catch allows 
a transfer of quota from the recreational sector to the commercial 
fishery (1.57 million lb (715 mt)) and results in a final commercial 
quota of 4,884,780 lb (2,215 mt).
    Consistent with Council recommendations, these final specifications 
do not allocate research set-aside quota for 2016 through 2018; 
therefore, no additional adjustments to commercial or recreational 
allocations are needed.
    Given historical landings, the reduced commercial quota could be 
constraining to the fishery. Even though the commercial quota is 
reduced, the bluefish quota management system has been timely and 
effective at constraining catch in the past, and NMFS does not expect 
any state to exceed their quota.

Final Recreational Possession Limit

    Consistent with the recommendation of the Council, this final rule 
maintains the status quo daily recreational possession limit of up to 
15 fish per person for 2016.

Final State Commercial Allocations

    The final rule implementing Amendment 1 to the Bluefish Fishery 
Management Plan, which was published in the Federal Register on July 
26, 2000 (65 FR 45844), provided a mechanism for bluefish quota to be 
transferred from one state to another. Two or more states, under mutual 
agreement and with the concurrence of the Administrator, Greater 
Atlantic Region, NMFS (Regional Administrator), can transfer or combine 
bluefish commercial quota under Sec.  648.162(e). The Regional 
Administrator is required to consider the criteria in Sec.  
648.162(e)(1) in the evaluation of requests for quota transfers or 
combinations.
    During the processing of this final rule, the Commonwealth of 
Virginia agreed to transfer 50,000 lb (22,680 kg) of bluefish quota to 
the State of Rhode Island and 30,000 lb (13,607 kg) to the State of New 
York, and the State of Florida agreed to transfer 50,000 lb (22,680 kg) 
to the State of Rhode Island. The state commercial transfers will not 
preclude the overall annual quota from being fully harvested, and will 
address contingencies in the fishery. In addition, the transfers are 
consistent with the objectives of the FMP and the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act). These 
transfers have been approved and are incorporated within this final 
rule and the individual state quota allocations have been adjusted to 
reflect the transfer. The final state commercial allocations for 2016-
2018 are shown in Table 2. The initial quotas are based on percentages 
specified in the FMP. No states exceeded their quota in 2015, 
therefore, no accountability measures are being implemented for the 
2016 fishing year.
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Changes From the Proposed Rule
    The 2015 recreational catch for bluefish for was previously 
projected to be 10,980,469 lb (4.980 mt), which would have allowed for 
a transfer of 2,178,374 lb (984 mt) from the recreational sector to the 
commercial fishery. As previously noted, the 2015 MRIP estimate changed 
on two occasions when information was finalized. The final recreational 
catch for 2015 is now known to be 11,581,548 lb (5,253 mt), which 
results in a smaller commercial quota of 4,884,780 lb (2,215 mt) than 
was outlined in the proposed rule.
Comments and Responses
    The public comment period for the proposed rule ended on April 15, 
2016. There were four comments received from the public, including 
recreational and commercial fishermen.
    Comment 1: One commenter criticized the data used to estimate 
recreational catch, stating that the catch estimate was arbitrary and 
capricious, and requested to know where the numbers come from. The 
commenter did not suggest other data or approaches that might be better 
suited for establishing specifications.
    Response: NMFS disagrees that the recreational catch estimate is 
arbitrary and capricious. Recreational catch was estimated using data 
from MRIP, and a newly peer-reviewed and approved methodology that 
improved the incorporation of small sample sizes was used to generate 
the final estimates. A publically searchable database and information 
about the program are available at http://www.st.nmfs.noaa.gov/recreational-fisheries. The most up-to-date stock assessment and 
recreational and commercial catch data were used. Consistent with 
National Standard 2 of the Magnuson-Stevens Act, NMFS used the best 
scientific information available and is approving specifications for 
the bluefish fishery. The final specifications in this rule are 
consistent with the FMP and recommendations of the Council.
    Comment 2: Two commenters were unclear why we proposed to reduce 
harvest by 10 percent if there was no overfishing, and were unclear how 
the 10-percent reduction would be achieved. One of the commenters gave 
anecdotal evidence that bluefish stock was declining and suggested that 
the reason could be overfishing or a decline in the forage fish that 
bluefish eat.
    Response: The 10-percent reduction is the cumulative result of new 
stock assessment information that indicates the spawning stock biomass 
for bluefish is lower than previously believed, changes in overall 
stock productivity as reflected by updated biological reference points, 
and application of the Council's risk policy. The commenter is correct 
that Atlantic bluefish stock biomass was higher in the 1980's and 
overfishing occurred in the 1990's, but this trend has not continued. 
The species was declared overfished in 1999 and managed under a 
rebuilding plan until 2009, when it was declared rebuilt. Using data 
from the new 2015 benchmark stock assessment, bluefish were not 
overfished and overfishing was not occurring in 2014. The assessment 
also changed the biological reference points for Atlantic bluefish to 
better model sources of uncertainty. The peer-reviewed model captures 
the dynamics of the bluefish stock well and accurately reflects trends 
in spawning stock biomass and fishing mortality. We are approving a 10-
percent reduction in catch limits because, while the spawning stock 
biomass estimate is greater than the overfished threshold, it is less 
than the biomass target, and shows a decrease from the estimate in 
2013, the last year a full assessment was conducted. Further, these 
specifications were developed using the Council's Risk Policy.
    Comment 3: One commenter suggested that NMFS was showing preference 
to the commercial fishery by increasing commercial quota at the expense 
of the stock and suggested reducing commercial quota 5-percent.
    Response: NMFS disagrees. NMFS is implementing final 
specifications, including the commercial quota, using the best 
available scientific information and following the formula outlined in 
the FMP, as recommended by the Council. Reducing commercial quota by 5-
percent would be insufficient to achieve the necessary reduction in 
total landings. Through this process there is no explicit preference by 
NMFS for the commercial or recreational fishery and specifications are 
derived as outlined by the FMP. The Council could, at its discretion, 
revise the FMP through an amendment; however, at this time there are no 
pending bluefish actions that would change the commercial and 
recreational allocations or the specification process.
Classification
    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this final rule is 
consistent with the Atlantic Bluefish FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law.
    This final rule is exempt from review under Executive Order 12866.
    This final rule does not duplicate, conflict, or overlap with any 
existing Federal rules.
    The Assistant Administrator for Fisheries finds there is a need to 
implement these measures as soon as possible in order to help achieve 
conservation objectives for the bluefish fishery. The bluefish fishing 
year began on January 1, 2016, and has been operating without an 
established bluefish quota. Currently landings data show that some 
states may soon approach their quotas. Development of this final rule 
was undertaken as quickly as possible; however, analyzing and 
incorporating the most up-to-date MRIP data necessarily created a 
delay. Until this final rule becomes effective, there will be no 
bluefish quota for 2016 and therefore no authority to close a fishery 
that is approaching a quota limit. A 30-day delay in implementing this 
final rule would delay the setting of a quota, which is necessary to 
properly manage and monitor bluefish stocks at the state and federal 
level. The need to implement these measures as soon as possible 
constitutes good cause, under authority contained in 5 U.S.C. 
553(d)(3), to waive the 30-day delay in effectiveness and to make the 
2016-2018 Atlantic bluefish specifications effective immediately upon 
filing with the Office of the Federal Register.
Final Regulatory Flexibility Analysis
    The FRFA included in this final rule was prepared pursuant to 5 
U.S.C. 604(a), and incorporates the IRFA and a summary of analyses 
completed to support the action. A public copy of the EA/IRFA is 
available from the Council (see ADDRESSES).
    The preamble to the proposed rule included a detailed summary of 
the analyses contained in the IRFA, and that discussion is not repeated 
here.
A Summary of the Significant Issues Raised by the Public in Response to 
the IRFA, a Summary of the Agency's Assessment of Such Issues, and a 
Statement of Any Changes Made in the Final Rule as a Result of Such 
Comments
    The comments NMFS received did not raise specific issues regarding 
the economic analyses summarized in the IRFA. Refer to the ``Comments 
and Responses'' section of this preamble for more detail. No changes to 
the proposed rule were required to be made as a result of public 
comment.

[[Page 51374]]

Description and Estimate of Number of Small Entities to Which the Rule 
Would Apply
    On December 29, 2015, the National Marine Fisheries Service (NMFS) 
issued a final rule establishing a small business size standard of $11 
million in annual gross receipts for all businesses primarily engaged 
in the commercial fishing industry (NAICS 11411) for Regulatory 
Flexibility Act (RFA) compliance purposes only (80 FR 81194, December 
29, 2015). The $11 million standard became effective on July 1, 2016, 
and is to be used in place of the U.S. Small Business Administration's 
(SBA) current standards of $20.5 million, $5.5 million, and $7.5 
million for the finfish (NAICS 114111), shellfish (NAICS 114112), and 
other marine fishing (NAICS 114119) sectors of the U.S. commercial 
fishing industry in all NMFS rules subject to the Regulatory 
Flexibility Act after July 1, 2016.
    Pursuant to the Regulatory Flexibility Act, and prior to July 1, 
2016, an initial regulatory flexibility analysis was developed for this 
regulatory action using SBA's former size standards. NMFS has reviewed 
the analyses prepared for this regulatory action in light of the new 
size standard. All of the entities directly regulated by this 
regulatory action are commercial finfish fishing businesses. The new 
standard could result in 13 fewer commercial finfish businesses being 
considered small.
    Taking this change into consideration, NMFS has identified no 
additional significant alternatives that accomplish statutory 
objectives and minimize any significant economic impacts of the 
proposed rule on small entities. Other options considered by the 
Council, including those that could have less of an impact on small 
entities, fail to meet one or more of these statutory objectives and 
therefore cannot be implemented. Further, the new size standard does 
not affect the decision to prepare a FRFA as opposed to a certification 
for this regulatory action
Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements
    No additional reporting, recordkeeping, or other compliance 
requirements are included in this final rule.
Description of the Steps the Agency Has Taken To Minimize the 
Significant Economic Impact on Small Entities Consistent With the 
Stated Objectives of Applicable Statutes
    Specification of commercial quota, recreational harvest levels, and 
possession limits is constrained by the conservation objectives and 
derivation formula set forth in the FMP and implemented at 50 CFR part 
648 under the authority of the Magnuson-Stevens Act. Furthermore, 
specifications must be based on the best available scientific 
information, consistent with National Standard 2 of the Magnuson-
Stevens Act. With the specification options considered, the measures in 
this final rule are the only measures that both satisfy these 
overarching regulatory and statutory requirements while minimizing, to 
the extent possible, impacts on small entities. This rule implements 
the specifications outlined in Table 1. The impacts of the 
specifications, as implemented by this final rule, are not expected to 
disproportionately impact large or small entities.
Small Entity Compliance Guide
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, a small entity compliance guide will be sent 
to all holders of Federal permits issued for the Atlantic bluefish 
fishery.
    In addition, copies of this final rule and guide (i.e., permit 
holder letter) are available from NMFS (see ADDRESSES) and at the 
following Web site: www.greateratlantic.fisheries.noaa.gov.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: July 29, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2016-18424 Filed 8-1-16; 8:45 am]
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