[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Rules and Regulations]
[Pages 11863-11865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03523]



[[Page 11863]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 200214-0057]
RIN 0648-BJ57


Fisheries of the Northeastern United States; Atlantic Bluefish 
Fishery; Interim 2020 Recreational Measures

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

ACTION: Temporary rule; interim measures; request for comments.

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SUMMARY: This temporary rule implements interim recreational management 
measures for the 2020 Atlantic Bluefish Fishery to prevent overfishing. 
This action is necessary to constrain recreational harvest at the start 
of the fishing year while final 2020 measures are developed and 
implemented. These measures are expected to help ensure the long-term 
recovery and sustainability of the bluefish stock.

DATES: Effective February 28, 2020, through August 26, 2020. Comments 
must be received on or before March 30, 2020.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2020-0011, by either of the following methods:
    Electronic submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal.
    1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2020-0011,
    2. Click the ``Comment Now!'' icon, complete the required fields, 
and
    3. Enter or attach your comments.

--OR--

    Mail: Submit written comments to Michael Pentony, Regional 
Administrator, National Marine Fisheries Service, Greater Atlantic 
Region, 55 Great Republic Drive, Gloucester, MA 01930-2276. Mark the 
outside of the envelope: ``Comments on the Bluefish Interim Action.''
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Cynthia Ferrio, Fishery Management 
Specialist, (978) 281-9180.

SUPPLEMENTARY INFORMATION: The Mid-Atlantic Fishery Management Council 
and the Atlantic States Marine Fisheries Commission jointly manage the 
bluefish fishery under the Atlantic Bluefish Fishery Management Plan 
(FMP). The August 2019 bluefish operational assessment incorporated 
revised Marine Recreational Information Program (MRIP) estimates and 
determined that the bluefish stock is overfished with overfishing not 
occurring. NMFS notified the Council of the stock status change on 
November 12, 2019, and the Council is developing a rebuilding plan. The 
final assessment results were not available until fall 2019 and 
additional analysis was required to respond to the new MRIP data and 
develop revised catch limits. As a result, it was not possible to 
implement new specifications and recreational management measures for 
the January 1, 2020, start of the fishing year. To ensure some measures 
were in place for the 2020 fishery, NMFS published status quo interim 
specifications for 2020 (84 FR 54041, October 9, 2019) with the 
expectation that they would be replaced once final measures informed by 
the assessment could be developed. However, in light of the assessment 
results and stock status change, the interim measures for 2020 are no 
longer appropriate and are substantially more liberal that what is 
necessary to sustainably manage the bluefish fishery and prevent 
overfishing for this overfished stock.
    In September 2019, the Council's Scientific and Statistical 
Committee (SSC) recommended a substantially reduced 2020 and 2021 
acceptable biological catch for bluefish. The Council and the 
Commission's Bluefish Board jointly approved catch specifications for 
fishing years 2020 and 2021 at a joint meeting in October 2019. The 
Council and Board delayed decision-making on the 2020 recreational 
management measures until the joint December 2019 meeting. This delay 
was necessary to address the later than normal specifications 
development timing, and to analyze options designed to reduce 
recreational catch. Recreational measures have not been adjusted in 
nearly a decade, so appropriate time was given to exploring 
alternatives, particularly in light of the magnitude of change 
necessary for 2020.
    Based on projected recreational landings for the 2020 bluefish 
fishery (13.27 million lb; 6,020 mt), the Council's Monitoring 
Committee determined that a 28.65-percent reduction in recreational 
harvest is necessary to constrain catch to the Council-recommended 
revised 2020 recreational harvest limit (RHL) of 9.48 million lb (4,301 
mt). The Council and Board took final action in December 2019, and 
recommended a mode-specific reduction in bag limit from 15 to 3 fish 
for private anglers and to 5 fish for for-hire vessels, with no changes 
to recreational seasons or size limits.
    The 2020 bluefish fishing year began on January 1. Because of the 
previously mentioned timing issues associated with developing the 
revised 2020 bluefish specifications and recreational management 
measures, it was not possible for the Council to provide analysis 
supporting its recommendation for recreational measures in time for the 
start of the fishing year. The Council is finalizing this document, 
which it will submit to NMFS to complete formal notice-and-comment 
rulemaking to finalize 2020 specifications and recreational measures by 
late spring.
    The action taken by the Board in December 2019 was final, and 
states are expected to put in place recreational management measures as 
expeditiously as possible. However, many states require a public 
hearing and/or legislative process to finalize measures. As a result, 
many states have indicated that they will not be able to implement 
their own measures quickly. Some have stated that their process will be 
accelerated if Federal measures are in place first. The recreational 
bluefish fishery is very active in a few southern states early in the 
year. Recent data shows that these states harvest a substantial portion 
of their annual bluefish catch between January and April, comprising up 
to 29 percent of the coast-wide recreational bluefish catch for the 
year. If immediate action is not taken with interim measures, the 
status quo Federal measures of a 15-fish bag limit will remain in place 
until final 2020 measures can be implemented. Harvest will be 
relatively unconstrained, which will greatly increase the risk of 
overfishing on the already overfished stock, potentially harming its 
long-term health and recovery.

[[Page 11864]]

Interim Management Measures

    This action implements a reduction in the Federal bluefish 
recreational bag limit from 15 to 3 fish for private anglers and to 5 
fish for for-hire vessels. All other management measures, including 
recreational season and minimum fish size, remain unchanged. This 
action is consistent with what the Council and Board approved at the 
joint meeting in December 2019 to constrain harvest to the reduced 2020 
RHL and prevent overfishing. This bag limit reduction is expected to 
effectively constrain bluefish catch to prevent overfishing of the 
stock. Interim action is necessary to ensure these measures are in 
place as soon as possible in the fishing year while the proposed and 
final rulemaking of the Council-recommended measures is completed. This 
temporary rule has an effective period limited by the Magnuson-Stevens 
Act to 180 days, with a potential extension of an additional 186 days. 
The Council-recommended action containing revised 2020 specifications, 
and the same recreational measures implemented by this rule, is already 
in development and expected to be implemented in late spring. However, 
if the expected permanent rulemaking is not in place before the 
expiration of this rule (180 days following publication), an extension 
of the interim measures for 186 days will be considered.

Justification for Interim Measures

    Section 305(c) of the Magnuson-Stevens Act (16 U.S.C. 1855(c)) 
authorizes the Secretary of Commerce to implement interim measures to 
address overfishing. This action meets the 305(c) requirements for 
interim measures because it is necessary to prevent overfishing on the 
bluefish stock which was recently declared overfished. As a fishery 
with a significant recreational component, the bluefish fishery was 
substantially affected by the revised MRIP data and the 2019 
operational assessment results. This assessment found the stock to be 
overfished, and while it was not subject to overfishing in 2018 (the 
terminal year of the assessment), the new data suggests that this was 
the first year overfishing had not been occurring in several years. 
Without changes to the current management measures, expected 
recreational catch (17.3 million pounds; 7,849 metric tons) would 
exceed the Council-recommended acceptable biological catch 
recommendation for the entire fishery (16.28 million pounds; 7,385 
metric tons), with no allowance for catch from the commercial sector.
    While some changes resulting from the revised MRIP data were 
expected, the magnitude of the shift in stock status necessitating 
changes to the catch limits and recreational management measures was 
not. Because of unforeseen large management adjustments necessary to 
address this change, the Council and Board chose to separate 
development of catch specifications and recreational management 
measures. This delayed Council decision on recreational management 
measures until December 2019. Due to necessary analyses and process 
requirements for the Council to formally submit its recommendation to 
NMFS, the Council action will not be implemented until at least April 
2020, while the fishing year began on January 1. Delayed implementation 
of these measures increases the risk of overfishing for the year. 
Higher harvest will occur under the substantially less restrictive 
status quo measures (i.e., higher quotas, more liberal recreational 
management measures) that are in place now, which will also reduce the 
effectiveness of the Council-recommended measures, as they were 
calculated to apply to the entire fishing year.
    These interim measures are intended to prevent overfishing in the 
Atlantic bluefish fishery and avoid serious damage to the already 
overfished fishery resource. Accelerating the implementation of the 
Council and Board-recommended measures through this expedited 
rulemaking is also expected to allow several states to rely on Federal 
measures, and accelerate the implementation of state management 
measures. Some states will be able to forego public meetings or the 
legislative process as their state provisions for bluefish management 
allow for instantaneous adoption of Federal management measures as soon 
as they become available. Therefore, avoiding the serious conservation 
and management problem of subjecting the overfished bluefish stock to 
potential overfishing conditions due to reasonably unforeseen 
circumstances justifies these interim measures, and outweighs the 
benefit of advance notice and comment.

Renewal of Interim Regulations

    The Magnuson-Stevens Act limits NMFS' authority to implement 
interim measures for an initial period of 180 days, with a potential 
extension up to an additional 186 days, if warranted. The public has an 
opportunity to comment on the initial recreational management measures 
in this temporary rule (see ADDRESSES). After considering public 
comments on this rule, NMFS may extend the interim measures for one 
additional period of not more than 186 days to maintain Federal 
recreational measures until permanent rulemaking can be implemented. 
However, the 180-day period provided by this temporary rule should be 
sufficient as a stop gap until permanent 2020 recreational management 
measures are finalized and an extension is not anticipated.

Classification

    The NMFS Assistant Administrator has determined that this temporary 
rule is consistent with the criteria and justifications for use of 
interim measures in section 305(c) of the Magnuson-Stevens Act. NMFS 
has also determined that this rule is consistent with the Atlantic 
Bluefish FMP, other provisions of the Magnuson-Stevens Act, and other 
applicable law.
    The Assistant Administrator for Fisheries, NOAA, finds good cause 
under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for 
public comment because it would be contrary to the public interest. 
Additionally, the need to implement these measures in a timely manner 
to reduce the risk of overfishing the depleted bluefish resource 
constitutes good cause under the authority contained in 5 U.S.C. 
553(d)(3) to waive the 30-day delay of effectiveness period for this 
rule.
    The bluefish fishing year began on January 1, 2020, and is 
operating under an unrestrictive recreational bag limit of 15 fish. 
Although the Council already took final action to implement measures 
intended to constrain recreational catch to a reduced RHL, it was not 
able to do so until December 2019 given delayed data available and time 
necessary to develop and analyze potential measures. These interim 
measures are necessary to implement a restrictive recreational bag 
limit as quickly as possible to prevent overfishing on the overfished 
bluefish stock. Recent data shows that the recreational bluefish 
fishery harvests up to 29 percent of the coast-wide recreational 
bluefish catch for the year between January and April. If immediate 
action is not taken with interim measures, the status quo Federal 
measures of a 15-fish bag limit will remain in place until final 2020 
measures can be implemented. Further delaying implementation of these 
measures would increase the risk of overfishing and be potentially 
harmful to the long-term sustainability of the resource. Public 
comments will be accepted on this temporary rule (see DATES and 
ADDRESSES), and there will be opportunities for further comment and 
public participation through the notice-

[[Page 11865]]

and-comment rulemaking process as we work to implement the permanent 
management measures for 2020, already in development by the Council.
    These interim measures are being issued at the earliest possible 
date to minimize the amount of time the 2020 recreational bluefish 
fishery is at risk of overfishing, and will only be effective until 
permanent measures can be implemented. Unlike actions that require an 
adjustment period to comply with new rules, charter/party operators 
will not have to purchase new equipment or otherwise expend time or 
money to comply with these management measures. Rather, complying with 
this rule simply means adhering to a reduced bag limit. These measures 
were discussed at multiple public Council and Commission meetings 
throughout 2019 and are generally expected by the recreational fishing 
sector.
    For all of the reasons outlined above, NMFS finds it impracticable 
and contrary to the public interest to provide prior opportunity to 
comment on these interim measures. Prior notice and opportunity for 
public comment, as well as a 30-day delayed effectiveness would prevent 
the positive benefit to the resource that this rule is intended to 
provide, and undermines the purpose of this interim action.
    This action is being taken pursuant to the 305(c) emergency action 
and interim measures provision of the Magnuson-Stevens Act and is 
exempt from Office of Management and Budget review.
    This temporary rule is exempt from the procedures of the Regulatory 
Flexibility Act because it is issued without opportunity for prior 
notice and opportunity for public comment.
    This rule does not duplicate, conflict, or overlap with any 
existing Federal rules.
    This action would not establish any new reporting or record-keeping 
requirements.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: February 18, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 648 is amended 
as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

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

0
2. In Sec.  648.164, suspend paragraphs (a) and (b), and add paragraphs 
(c) and (d).
    The additions read as follows:


Sec.  648.164  Bluefish possession restrictions.

* * * * *
    (c) Recreational possession limits. Any person fishing from a 
vessel in the EEZ that is not fishing under a bluefish commercial 
permit shall observe the applicable recreational possession limit. The 
owner, operator, and crew of a charter or party boat issued a bluefish 
commercial permit are not subject to the recreational possession limit 
when not carrying passengers for hire and when the crew size does not 
exceed five for a party boat and three for a charter boat.
    (1) Private recreational vessels. Any person fishing from a vessel 
that is not fishing under a bluefish commercial or charter/party vessel 
permit issued pursuant to Sec.  648.4(a)(8), may land up to three 
bluefish per trip.
    (2) For-hire vessels. Anglers fishing onboard a for-hire vessel 
under a bluefish charter/party vessel permit issued pursuant to Sec.  
648.4(a)(8), may land up to five bluefish per person per trip.
    (d) Pooling Catch. Bluefish harvested by vessels subject to the 
possession limit with more than one person on board may be pooled in 
one or more containers. Compliance with the daily possession limit will 
be determined by dividing the number of bluefish on board by the number 
of persons on board, other than the captain and the crew. If there is a 
violation of the possession limit on board a vessel carrying more than 
one person, the violation shall be deemed to have been committed by the 
owner and operator of the vessel.

[FR Doc. 2020-03523 Filed 2-27-20; 8:45 am]
BILLING CODE 3510-22-P