Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 / Rules and Regulations 81421 

from the Tribes and conclude that the 

changes to these implementing 

regulations make general changes to the 

Act’s implementing regulations and do 

not directly affect specific species or 

Tribal lands or interests. This regulation 

defines the term ‘‘habitat’’ as it is 

applied to designating critical habitat 

and directly affect only the Services. 

With or without these regulatory 

revisions, the Services would be 

obligated to continue to list species and 

to designate critical habitat based on the 

best available data. Therefore, we 

conclude that this regulation does not 

have ‘‘tribal implications’’ under section 

1(a) of E.O. 13175, and formal 

government-to-government consultation 

is not required by the executive order 

and related policies of the Departments 

of Commerce and the Interior. We will 

continue to collaborate with Tribes on 

issues related to federally listed species 

and their habitats and work with them 

as we implement the provisions of the 

Act. See Joint Secretarial Order 3206 

(‘‘American Indian Tribal Rights, 

Federal-Tribal Trust Responsibilities, 

and the Endangered Species Act,’’ June 

5, 1997). 

Paperwork Reduction Act 

This rule does not contain any new 

collections of information that require 

approval by the OMB under the 

Paperwork Reduction Act and does not 

alter the existing collection of 

information approved under OMB 

Control Number 1018–0165. An agency 

may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless it 

displays a currently valid OMB control 

number. 

National Environmental Policy Act 

We analyzed this final rule in 

accordance with the criteria of the 

National Environmental Policy Act 

(NEPA), the Department of the Interior 

regulations on Implementation of the 

National Environmental Policy Act (43 

CFR 46.10–46.450), the Department of 

the Interior Manual (516 DM 8), the 

NOAA Administrative Order 216–6A, 

and the NOAA Companion Manual 

(CM), ‘‘Policy and Procedures for 

Compliance with the National 

Environmental Policy Act and Related 

Authorities’’ (effective January 13, 

2017). This rulemaking responds to 

recent Supreme Court case law. 

As a result, we conclude that the 

categorical exclusion found at 43 CFR 

46.210(i) applies to this regulation. At 

43 CFR 46.210(i), the Department of the 

Interior has found that the following 

category of actions would not have a 

significant effect on the human 

environment and, therefore, that these 

actions are categorically excluded from 

the requirement for completion of an 

environmental assessment or 

environmental impact statement: 

‘‘Policies, directives, regulations, and 

guidelines: that are of an administrative, 

financial, legal, technical, or procedural 

nature.’’ 

NOAA’s NEPA procedures include a 

similar categorical exclusion for 

‘‘preparation of policy directives, rules, 

regulations, and guidelines of an 

administrative, financial, legal, 

technical, or procedural nature.’’ 

(Categorical Exclusion G7, at CM 

Appendix E). 

We have considered the extent to 

which this regulation has a significant 

impact on the human environment and 

determined that it falls within one of the 

categorical exclusions for actions that 

have no effect on the quality of the 

human environment. 

Energy Supply, Distribution or Use (E.O. 

13211) 

Executive Order 13211 requires 

agencies to prepare Statements of 

Energy Effects when undertaking certain 

actions. This regulation is not expected 

to have a significant adverse effect on 

the supply, distribution, or use of 

energy, and it has not been otherwise 

designated by the Administrator of 

OIRA as a significant energy action. 

Therefore, this action is a not a 

significant energy action, and no 

Statement of Energy Effects is required. 

Authority 

We issue this final rule under the 

authority of the Endangered Species 

Act, as amended (16 U.S.C. 1531 et 

seq.). 

List of Subjects in 50 CFR Part 424 

Administrative practice and 

procedure, Endangered and threatened 

species. 

George Wallace, 

Assistant Secretary for Fish and Wildlife and 

Parks, Department of the Interior. 

Christopher Wayne Oliver, 

Assistant Administrator, National Marine 

Fisheries Service, National Oceanic and 

Atmospheric Administration. 

Regulation Promulgation 

For the reasons set out in the 

preamble, we hereby amend part 424, 

subchapter A of chapter IV, title 50 of 

the Code of Federal Regulations, as set 

forth below: 

PART 424—LISTING ENDANGERED 

AND THREATENED SPECIES AND 

DESIGNATING CRITICAL HABITAT 

■ 1. The authority citation for part 424 

continues to read as follows: 

Authority: 16 U.S.C. 1531 et seq. 

■ 2. Amend § 424.02 by adding a 

definition for ‘‘Habitat’’ in alphabetical 

order to read as follows: 

§ 424.02 Definitions. 

* * * * * 

Habitat. For the purposes of 

designating critical habitat only, habitat 

is the abiotic and biotic setting that 

currently or periodically contains the 

resources and conditions necessary to 

support one or more life processes of a 

species. 

* * * * * 

[FR Doc. 2020–27693 Filed 12–15–20; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 201209–0332; RTID 0648– 

XX064] 

Fisheries of the Northeastern United 

States; Atlantic Bluefish Fishery; 2021 

Bluefish Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues final 

specifications for the 2021 Atlantic 

bluefish fishery. This action is necessary 

to establish allowable harvest levels to 

prevent overfishing, consistent with the 

most recent scientific information, as 

required by the Magnuson-Stevens 

Fishery Conservation and Management 

Act and the Atlantic Bluefish Fishery 

Management Plan. This rule also 

informs the public of the final fishery 

specifications for the 2021 fishing year. 

DATES: Effective on January 1, 2021. 

ADDRESSES: The Mid-Atlantic Fishery 

Management Council prepared a 

Supplemental Information Report (SIR) 

for these specifications that describes 

the action and any changes from the 

original environmental assessment (EA) 

and analyses for the revised 2020 and 

2021 specifications action. Copies of the 

SIR, original EA, and other supporting 

documents for this action, are available 

upon request from Dr. Christopher M. 


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81422 Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 / Rules and Regulations 

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 https://www.mafmc.org/ 

supporting-documents. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Ferrio, Fishery Policy Analyst, 

(978) 281–9180. 

SUPPLEMENTARY INFORMATION: 

Background 

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 FMP 

requires the specification of the 

acceptable biological catch (ABC), 

annual catch limit (ACL), annual catch 

targets (ACT), commercial quota, 

recreational harvest limit, and other 

management measures for up to 3 years 

at a time. This action implements 

bluefish specifications for the 2021 

fishing year. 

The August 2019 bluefish operational 

assessment concluded that the Atlantic 

bluefish stock is overfished but not 

subject to overfishing. The most recent 

data update (2020) showed increases in 

both commercial and recreational catch 

in 2019 from 2018, but no change in the 

stock status determination from the 

2019 assessment. Based on this best 

available scientific information, 2021 

specifications were proposed with no 

changes from those implemented for 

2020, except for a reduction of 1.14 

million lb (515,811 kg) in the 

recreational total allowable landings 

(TAL) and recreational harvest limit 

(RHL) to account for higher reported 

recreational discards in 2019 than 

initially projected. 

The proposed rule for this action 

published in the Federal Register on 

November 5, 2020 (85 FR 70573), and 

comments were accepted through 

November 20, 2020. Additional 

background information regarding the 

development of these specifications was 

provided in the proposed rule and is not 

repeated here. NMFS received five 

comments from the public, and no 

changes to the final rule are necessary 

as a result of those comments (see 

Comments and Responses for additional 

detail). 

Final Specifications 

This action implements the Council 

and Commission’s recommendations for 

2021 bluefish catch specifications 

(Table 1), as outlined in the proposed 

rule. These specifications are status quo 

relative to 2020, except for a 12-percent 

reduction in the recreational TAL and 

RHL to account for the most recent 

catch data. The recreational fishery is 

expected to fully achieve the RHL. 

Therefore, this action does not include 

a quota transfer to the commercial 

fishery, which is authorized in the FMP 

up to a specified amount only if the 

recreational fishery is not projected to 

achieve the RHL. This action does not 

change any other 2021 fishery 

management measures, including the 

daily recreational bag limits. 

TABLE 1—SUMMARY OF FINAL 2021 BLUEFISH SPECIFICATIONS * 

Final 2021 specifications 

million pounds metric tons 

Overfishing Limit ...................................................................................................................................................... 37.98 17,228 

ABC = ACL .............................................................................................................................................................. 16.28 7,385 

Commercial ACT ..................................................................................................................................................... 2.77 1,255 

Recreational ACT .................................................................................................................................................... 13.51 6,130 

Commercial TAL ...................................................................................................................................................... 2.77 1,255 

Recreational TAL ..................................................................................................................................................... 8.34 3,785 

Sector Transfer ........................................................................................................................................................ 0.00 0 

Commercial Quota ................................................................................................................................................... 2.77 1,255 

Recreational Harvest Limit ...................................................................................................................................... 8.34 3,785 

* Specifications are derived from the ABC in metric tons (mt). When values are converted to millions of pounds the numbers may slightly shift 

due to rounding. The conversion factor used is 1 mt = 2204.62262 lb. 

The state commercial quota 

allocations for 2021 (Table 2) are based 

on the final coastwide commercial quota 

for 2021, and the allocation percentages 

defined in the FMP. No state exceeded 

its allocated quota in 2019, nor is 

projected to do so in 2020; therefore, no 

accountability measures are necessary 

for the 2021 commercial fishery. 

TABLE 2—2021 BLUEFISH STATE COMMERCIAL QUOTA ALLOCATIONS

State Percent share Quota 

(lb) 

Quota 

(kg) 

Maine ........................................................................................................................................... 0.67 18,503 8,391 

New Hampshire ........................................................................................................................... 0.41 11,473 5,203 

Massachusetts ............................................................................................................................. 6.72 185,904 84,310 

Rhode Island ................................................................................................................................ 6.81 188,434 85,458 

Connecticut .................................................................................................................................. 1.27 35,049 15,895 

New York ..................................................................................................................................... 10.39 287,438 130,357 

New Jersey .................................................................................................................................. 14.82 410,082 185,978 

Delaware ...................................................................................................................................... 1.88 51,985 23,576 

Maryland ...................................................................................................................................... 3.00 83,084 37,680 

Virginia ......................................................................................................................................... 11.88 328,800 149,116 

North Carolina .............................................................................................................................. 32.06 887,377 402,438 

South Carolina ............................................................................................................................. 0.04 974 442 

Georgia ........................................................................................................................................ 0.01 263 119 

Florida .......................................................................................................................................... 10.06 278,432 126,273 


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Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 / Rules and Regulations 81423 

TABLE 2—2021 BLUEFISH STATE COMMERCIAL QUOTA ALLOCATIONS—Continued 

State Percent share Quota 

(lb) 

Quota 

(kg) 

Total ...................................................................................................................................... 100.00 2,767,793 1,255,235 

The Council is developing a 

rebuilding plan for the bluefish stock 

that will be implemented by the end of 

November 2021. This rebuilding plan 

will inform development of the next set 

of specifications for fishing year 2022. 

Comments and Responses 

The public comment period for the 

proposed rule ended on November 20, 

2020, and NMFS received five 

comments from the public. No changes 

to the proposed specifications were 

made as a result of these comments. 

Comment 1: One comment voiced 

support for the action. 

Response: NMFS agrees and is 

implementing the proposed 

specifications for the reasons outlined 

in the preamble to this rule. 

Comment 2: Two comments were 

submitted by the same individual, who 

expressed frustration with the slow 

government process and suggested that 

an immediate shutdown of the fishery 

would be the best way to end 

overfishing and protect the bluefish 

stock. These comments also questioned 

the science used to determine the 

proposed catch limits. 

Response: NMFS emphasizes the 

importance of the regulatory public 

process and is proceeding as quickly as 

possible within the applicable law. All 

of the analyses for this action have been 

conducted with the best scientific data 

available, and indicate that it is not 

necessary to fully close the bluefish 

fishery to promote stock recovery. A 

stable and sustainable bluefish fishery 

can be maintained while the stock 

rebuilds with minimal risk to the 

resource. 

Comment 3: Another commenter 

disagreed with the way bluefish 

population is monitored and data used 

to determine stock health. The comment 

went on to claim that all available data 

indicates that bluefish stock is healthy 

and not overfished. The commenter 

then recommended that the proposed 

specifications should remain consistent 

with earlier years’ catch limits, not 

reduce the RHL, and enable a transfer of 

quota to the commercial sector because 

the healthy stock status does not justify 

the proposed restrictions. 

Response: NMFS disagrees with the 

commenter’s evaluation of the bluefish 

stock. The August 2019 operational 

stock assessment incorporated data from 

several fishery dependent and 

independent surveys as well as the 

Marine Recreational Information 

Program. This assessment was peer 

reviewed before publication, and is the 

best scientific information available 

concerning bluefish stock health. The 

assessment determined the bluefish 

stock to be overfished, and a data 

update this year (2020) confirmed this 

status has not changed. Restrictions to 

management measures were 

implemented in February 2020 (85 FR 

11863; February 28, 2020) to prevent 

overfishing on the overfished stock, as 

required by the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). These 

specifications reduce the RHL to further 

reduce the risk of overfishing to an 

acceptable level, and there is no sector 

quota transfer to the commercial fishery 

because the recreational sector is 

expected to fully catch its entire 

allocated quota. 

Comment 4: The final commenter 

asked about the differences between 

state commercial quotas in the proposed 

specifications compared to 2020, and 

how NMFS calculates the coastwide 

bluefish population. 

Response: The proposed coastwide 

commercial quota is unchanged from 

2020, and the percentage that each state 

is allocated has not changed since the 

allocations were established in 

Amendment 1 to the FMP (65 FR 45844; 

July 26, 2000). There may be a perceived 

proportional difference in final state 

quotas due to state-to-state transfers that 

have taken place throughout the 2020 

fishing year. These transfers are 

authorized in the FMP, completed 

through mutual agreement between 

respective state agencies, and are not an 

accountability measure. Revision of 

state allocations is being reviewed in 

Bluefish Amendment 7, currently in 

development. The bluefish stock is 

evaluated through regular stock 

assessments, which incorporate data 

from a variety of fishery dependent and 

independent surveys. 

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 Act, the NMFS 

Administrator, Greater Atlantic Region, 

has determined that this final rule is 

necessary for the conservation and 

management of the Atlantic bluefish 

fishery, and that it 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(d)(3) to waive the 

30-day delay in effective date for this 

rule to ensure that the final 

specifications are in place as close as 

practicable to the start of the bluefish 

fishing year on January 1, 2021. This 

action establishes the final 

specifications (i.e., ACLs) for the 2021 

bluefish fishery. A delay in effectiveness 

well beyond the start of the fishing year 

would be contrary to the public interest, 

as it could create confusion in the 

commercial bluefish industry. 

Furthermore, this rule is being issued 

at the earliest possible date. The 

proposed rule was prepared in October 

and published by early November 2020, 

and the public comment period ended 

on November 20, 2020. Ideally, this 

final rule should publish in time to be 

effective for the January 1 start of the 

fishing year to allow state agencies to 

use the implemented commercial quota 

allocations to set annual state 

management measures. A 30-day delay 

in effectiveness would needlessly 

postpone implementation of final 2021 

specifications well into the fishing year, 

which is contrary to the public interest. 

The longer these specifications are 

delayed, the longer it will take for some 

states to implement respective 

regulations. 

The 30-day delay in implementation 

for this rule is also unnecessary because 

this rule contains no new measures (e.g., 

requiring new nets or equipment) for 

which regulated entities need time to 

prepare or revise their current practices. 

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. Therefore, there 

would be no benefit to delaying the 

implementation of these specifications. 

For these reasons, NMFS finds that a 

30-day delay in effectiveness would be 

contrary to the public interest, and 


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81424 Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 / Rules and Regulations 

therefore waives the requirement 

consistent with 5 U.S.C. 553(d)(3). 

This final rule is exempt from review 

under Executive Order 12866 because 

the action contains no implementing 

regulations. 

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 was not required and none was 

prepared. 

This action contains no information 

collection requirements under the 

Paperwork Reduction Act of 1995. 

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

Dated: December 9, 2020. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2020–27522 Filed 12–15–20; 8:45 am] 

BILLING CODE 3510–22–P 


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