[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]
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