[Federal Register Volume 84, Number 48 (Tuesday, March 12, 2019)]
[Rules and Regulations]
[Pages 8826-8828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04506]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 181010932-9124-02]
RIN 0648-XG562
Fisheries of the Northeastern United States; Atlantic Bluefish
Fishery; 2019 Bluefish Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues final specifications for the 2019 Atlantic
bluefish fishery. This action establishes allowable harvest levels for
the bluefish stock, to prevent overfishing while allowing optimum
yield, consistent with the Magnuson-Stevens Fishery Conservation and
Management Act and the Atlantic Bluefish Fishery Management Plan. This
rule is also intended to inform the public of these specifications for
the 2019 fishing year.
DATES: Effective March 12, 2019, through December 31, 2019.
ADDRESSES: Copies of these specifications, including the Supplemental
Information Report, 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 http://www.mafmc.org.
FOR FURTHER INFORMATION CONTACT: Cynthia Ferrio, Fishery Management
Specialist, (978) 281-9180.
SUPPLEMENTARY INFORMATION:
Background
The bluefish fishery is jointly managed by the Mid-Atlantic Fishery
Management Council and the Atlantic States Marine Fisheries Commission
under the Atlantic Bluefish Fishery Management Plan (FMP). The FMP
requires the specification of the acceptable biological catch (ABC),
annual catch limit (ACL), annual catch targets (ACT), commercial
quotas, recreational harvest limit, and other management measures, for
up to three years at a time. This action implements final 2019
specifications for the bluefish fishery, which are very similar to
2018. The bluefish stock will undergo an operational assessment in mid-
2019 that is designed to incorporate updated
[[Page 8827]]
Marine Recreational Information Program information. It is expected
that the 2020 specifications will be developed using this assessment.
The proposed rule for this action published in the Federal Register
on December 26, 2018 (83 FR 66234), and public comments were accepted
through January 10, 2019. 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 2019 Atlantic bluefish specifications
(Table 1), as outlined in the proposed rule. Because the most recent
data update indicated that the bluefish stock is not overfished and
overfishing is not occurring, the 2019 specifications are very similar
to 2018, with only minor adjustments to the final commercial quota and
recreational harvest limit to account for the most recent full year of
recreational catch data (2017), and an adjusted sector transfer. All
other management measures, including the recreational possession limit
of 15 fish per person, remain unchanged. For more information on the
Council's recommendations and decisionmaking process, please see the
proposed rule (83 FR 66234).
Table 1--Summary of Final 2019 Bluefish Specifications
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Final 2019 specifications
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pounds metric tons
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Overfishing Limit....................... 27,972,252 12,688
ABC = ACL............................... 21,814,741 9,895
Commercial ACT.......................... 3,708,175 1,682
Recreational ACT........................ 18,106,565 8,213
Commercial TAL.......................... 3,708,175 1,682
Recreational TAL........................ 15,615,342 7,083
Sector Transfer......................... 3,999,185 1,814
Commercial Quota........................ 7,709,565 3,497
Recreational Harvest Limit.............. 11,620,566 5,271
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Table 2 provides the commercial fishery state allocations for 2019
based on the final 2019 coast-wide commercial quota and the allocated
percentages defined in the FMP. No states exceeded their state
allocated quota in 2018; therefore, no accountability measures need to
be implemented for the 2019 fishing year.
Table 2--2019 Bluefish State Commercial Quota Allocations
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Quota Quota
State Percent share allocation allocation
(lb) (mt)
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Maine........................................................... 0.67 51,538 23.38
New Hampshire................................................... 0.41 31,956 14.49
Massachusetts................................................... 6.72 517,828 234.88
Rhode Island.................................................... 6.81 524,874 238.08
Connecticut..................................................... 1.27 97,626 44.28
New York........................................................ 10.39 800,645 363.17
New Jersey...................................................... 14.82 1,142,264 518.12
Delaware........................................................ 1.88 144,801 65.68
Maryland........................................................ 3.00 231,426 104.97
Virginia........................................................ 11.88 915,857 415.43
North Carolina.................................................. 32.06 2,471,746 1121.17
South Carolina.................................................. 0.04 2,714 1.23
Georgia......................................................... 0.01 732 0.33
Florida......................................................... 10.06 775,558 351.79
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Total....................................................... 100.00 7,709,565 3,497.00
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Comments
The public comment period for the proposed rule ended on January
10, 2019. One comment received from the public claimed rampant
overfishing in the bluefish fishery is occurring due to widespread
corruption and commercial profiteering. However, this commenter
presented no rationale or evidence supporting these claims, and the
most recent assessment updates indicate that the bluefish stock is not
overfished and overfishing is not occurring. No changes to the proposed
specifications were made as a result of this comment.
Changes From the Proposed Rule
There are no changes from the proposed rule.
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 Bluefish FMP, other provisions of the Magnuson-
Stevens Act, and other applicable law.
This final rule is exempt from review under Executive Order 12866
because this action contains no implementing regulations.
This final rule does not duplicate, conflict, or overlap with any
existing Federal rules.
This action does not contain a collection of information
requirement for purposes of the Paperwork Reduction Act.
[[Page 8828]]
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 has been prepared.
The Assistant Administrator for Fisheries, NOAA, finds good cause
under 5 U.S.C. 553(d)(3) to waive the 30-day delay of effectiveness
period for this rule, to ensure that the final specifications are in
place as close as practicable to the start of the 2019 Atlantic
bluefish fishing year, which began on January 1, 2019. This action
establishes the final specifications (i.e., annual catch limits) for
the bluefish fishery for the 2019 fishing year. A delay in
effectiveness well beyond the start of the 2019 fishing year would be
contrary to the public interest, as it could create confusion in the
commercial bluefish industry.
This rule is being issued at the earliest possible date. The
proposed rule was prepared and published in December 2018, and the
public comment period ended on January 10, 2019. The partial Federal
government shutdown prevented any work on this action from December 22,
2018, through January 25, 2019. We had expected to prepare and publish
this final rule in January but were unable to do so because of the
shutdown. A 30-day delay in effectiveness would only prolong the amount
of time the bluefish fishery is forced to function in the 2019 fishing
year without established specifications, which is contrary to the
public interest.
Furthermore, regulated parties do not require any additional time
to come into compliance with this rule, and thus, a 30-day delay does
not provide any benefit. Unlike actions that require an adjustment
period to comply with new rules, bluefish fishery participants will not
have to purchase new equipment or otherwise expend time or money to
comply with these status quo management measures. Rather, complying
with this final rule simply means adhering to the catch limits and
management measures set for bluefish fishing year 2019. Therefore,
there would be no benefit to delaying the implementation of these
specifications.
For these reasons, a 30-day delay in effectiveness would be
contrary to the public interest, and is therefore waived. As a result,
there is good cause to implement these specifications on March 12,
2019.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 7, 2019.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019-04506 Filed 3-11-19; 8:45 am]
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