[Federal Register Volume 86, Number 167 (Wednesday, September 1, 2021)]
[Proposed Rules]
[Pages 48968-48969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18848]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

RIN 0648-BK64


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Amendment 7 to 
the Atlantic Bluefish Fishery Management Plan

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

ACTION: Notification of availability of proposed fishery management 
plan amendment; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Mid-Atlantic Fishery Management Council has submitted 
Amendment 7 to the Atlantic Bluefish Fishery Management Plan to NMFS 
for review and approval. Amendment 7 proposes to implement a rebuilding 
plan for the overfished bluefish stock, as well as revisions to fishery 
management plan goals and objectives, administrative measures during 
the specifications process, and the allocation percentages of quota 
between the commercial and recreational sectors and commercial quota 
among the states. The purpose of this amendment is to implement a 
rebuilding plan, as required by the Magnuson-Stevens Fishery 
Conservation and Management Act, and to update the Bluefish Fishery 
Management Plan; responding to recent changes in stock health and 
distribution using the best information available, while recognizing 
economic need and reliance throughout the management area. This notice 
is intended to alert the public to this action and provide an 
opportunity for comment.

DATES: Comments must be received on or before November 1, 2021.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2021-0071, by the following method:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal.
    1. Go to https://www.regulations.gov, and enter ``NOAA-NMFS-2021-
0071'' in the Search box;
    2. Click the ``Comment'' icon, complete the required fields; and
    3. Enter or attach your comments.
    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).
    The Mid-Atlantic Fishery Management Council prepared an 
environmental assessment (EA) for this action that describes the 
proposed measures and other considered alternatives. The EA also 
provides a thorough analysis of the biological, economic, and social 
impacts of the proposed measures and other considered alternatives. 
Copies of Amendment 7, including the EA, the Regulatory Impact Review, 
and the Regulatory Flexibility Act analysis prepared in support of this 
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 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 (Council) and the 
Atlantic States Marine Fisheries Commission (Commission) cooperatively 
manage bluefish from Maine to Florida under the Atlantic Bluefish 
Fishery Management Plan (FMP). The Council and Commission initiated 
Amendment 7 as a joint action in December 2017 to address a 
comprehensive range of management issues in the bluefish fishery from 
goals and objectives of the FMP to the allocation and transfer of quota 
between the commercial and recreational sectors. Following the 
overfished stock determination from the 2019 operational stock 
assessment, a rebuilding plan for bluefish was also added to the 
amendment, and final alternatives were approved at the joint meeting of 
the Council and Commission's Bluefish Management Board in February 
2021. Public hearings on these alternatives were held throughout the 
spring of 2021, and the Council and Board approved Amendment 7 on June 
8, 2021, with the intent that the changes would be effective for the 
2022 fishing year that begins on January 1, 2022.
    The purpose of this amendment is to implement a rebuilding plan for 
bluefish, as required by the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act), and to update the FMP; 
responding to recent changes in stock health and distribution using the 
best information available, while recognizing economic need and 
reliance throughout the management area. This action proposes to:
    <bullet> Update the Bluefish FMP goals and objectives from those 
that were initially established for the fishery in 1991 to better 
reflect today's fishery;
    <bullet> Re-allocate bluefish quota between the commercial and 
recreational fishery sectors to more accurately reflect recent catch 
and landings data in the fishery, allocating 14 percent to the 
commercial

[[Page 48969]]

fishery and 86 percent to the recreational fishery (a 3-percentage 
point change from the current allocations of 17 percent to the 
commercial sector and 83 percent to the recreational sector);
    <bullet> Re-allocate bluefish commercial quota to the states from 
Maine to Florida based on the most recent 10 years of landings data 
(2009-2018) rather than outdated historical information (1981-1989), 
including a 0.1-percent minimum default allocation so no states in the 
management unit lose quota entirely;
    <bullet> Implement a 7-year rebuilding plan using a constant 
fishing mortality model where fishing mortality (F) = 0.154;
    <bullet> Revise measures to allow the sector quota transfer to be 
bi-directional (from commercial to recreational or vice versa), with a 
revised maximum transfer cap of 10-percent of the Acceptable Biological 
Catch; and
    <bullet> Revise administrative measures in the specifications 
process to allow for the accounting of sector-specific management 
uncertainty.
    Additional information on these proposed changes can be found in 
the EA for this amendment and forthcoming proposed rule.

Public Comment Instructions

    The Magnuson-Stevens Act allows NMFS as the implementing agency to 
approve, partially approve, or disapprove measures recommended by the 
Council in a regulatory amendment based on whether the measures are 
consistent with the FMP, the Magnuson-Stevens Act and its National 
Standards, and other applicable law. As such, NMFS is soliciting public 
comments on whether the measures in Amendment 7 to the Atlantic 
Bluefish FMP and its supporting documents are consistent with the FMP, 
the Magnuson-Stevens Act, and other applicable law. Public comments on 
this amendment may be submitted through the end of the comment period 
specified in the DATES section of this notice of availability (NOA).
    A proposed rule that would implement this amendment, including 
draft regulatory text, will also be published in the Federal Register 
for public comment. All comments received by the end of the comment 
period on this NOA, whether specifically directed to the NOA or the 
proposed rule, will be considered in the approval/disapproval decision 
on Amendment 7. Comments received after the end of the comment period 
for this NOA will not be considered in the approval/disapproval 
decision of this action.

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

    Dated: August 27, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-18848 Filed 8-31-21; 8:45 am]
BILLING CODE 3510-22-P