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Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Proposed Rules TABLE 2PROPOSED 2022 AND PROJECTED 2023 BLUEFISH STATE COMMERCIAL QUOTA ALLOCATIONS
2022
Proposed
2023
Projected
State Percent share
Quota kg
Percent share
Quota lb
Quota kg
Maine
New Hampshire
Massachusetts
Rhode Island
Connecticut
New York
New Jersey
Delaware
Maryland
Virginia
North Carolina
South Carolina
Georgia
Florida

0.59
0.39
7.20
7.21
1.24
11.72
14.68
1.68
2.85
11.02
32.06
0.04
0.02
9.31

20,819
13,655
254,748
254,956
43,885
414,693
519,158
59,442
100,698
389,802
1,133,855
1,590
805
329,137

9,443
6,194
115,552
115,646
19,906
188,102
235,486
26,962
45,676
176,811
514,308
721
365
149,294

0.51
0.36
7.69
7.61
1.22
13.06
14.54
1.48
2.69
10.16
32.05
0.05
0.04
8.55

21,807
15,331
329,578
326,165
52,094
560,031
623,295
63,572
115,409
435,625
1,374,077
2,344
1,544
366,585

9,892
6,954
149,494
147,946
23,629
254,026
282,722
28,836
52,349
197,596
623,271
1,063
700
166,280

Total

100.00

3,537,096

1,604,400

100.01

4,287,109

1,944,600

As previously mentioned, no changes to the recreational management measures are proposed in this action, as the expected recreational landings of 13.58 million lb 6,160 mt under the existing measures are likely to achieve the proposed RHL. All other federal management measures would also remain unchanged under this action.
The projected specifications for 2023
are based on the available data and the second year of the rebuilding plan model. However, there is a research track stock assessment scheduled for bluefish in 2022. The Council will review the projected 2023 specifications in light of any new information, including this assessment, to determine if changes need to be made prior to their implementation. NMFS will publish a notice prior to the 2023 fishing year to confirm these limits as projected or announce any necessary changes.

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Quota lb
Classification Pursuant to section 304b1A of the Magnuson Stevens Fishery Conservation and Management Act MagnusonStevens Act, the NMFS Assistant Administrator has determined that this proposed rule is consistent with the Atlantic Bluefish FMP, other provisions of the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment.
This action is exempt from review under E.O. 12866 because it 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 that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities.

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The factual basis for this determination is as follows.
The Council conducted an evaluation of the potential socioeconomic impacts of the proposed measures in conjunction with an EA. There are no proposed regulatory changes in this bluefish action, so none are considered in the evaluation. The proposed specifications would increase bluefish catch limits in both 2022 and 2023
compared to 2021 to allow greater operational flexibility in the fishery, while still adhering to the rebuilding plan implemented by Amendment 7.
This action would also incorporate the quota reallocation changes implemented by Amendment 7, allocating 86 percent of the ACL to the recreational sector and 14 percent to the commercial sector, as well as beginning the 7-year phased-in reallocation of commercial quota among the states in 2022.
This action would affect entities that participate in commercial bluefish fishing those that hold commercial bluefish permits, and those with federal for-hire party/charter recreational fishing permits for bluefish. Vessels may hold multiple fishing permits and some entities own multiple vessels and/or permits. According to the Northeast Fisheries Science Center commercial ownership database, 526 affiliate firms landed bluefish during the 20182020
period the most recent and complete data available, with 521 of those commercial entities categorized as small businesses and 5 categorized as large businesses. For the recreational for-hire fishery, 361 for-hire affiliate firms generated revenues from recreational fishing for various species during 2018
2020. All of those business affiliates are categorized as small businesses, but it is
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not possible to derive the proportion of overall revenues for these for-hire firms resulting from fishing activities for an individual species such as bluefish.
Nevertheless, given the popularity of bluefish as a recreational species in the Mid-Atlantic and New England, it is likely that revenues generated from bluefish may be somewhat important for many of these firms at certain times of the year.
Overall, proposed specifications for 2022 and projected specifications for 2023 are expected to provide similar fishing opportunities when compared to the 2021 fishing year. Although these catch limits are increasing, there are no proposed changes to other management measures, such as recreational bag limits, that are likely to change fishing behavior. Entities issued a commercial bluefish permit may experience a slight positive impact related to potentially higher landings throughout the course of the entire year. However, because state allocations are changing, there might be different amounts of quota available regionally compared to past years. Often, fishing behavior and short term landings are based on market conditions, which are not expected to substantially change as a result of these specifications. As such, the proposed action is not expected to have an impact on the way the fishery operates or the revenue of small entities. Overall, analyses indicate that the proposed specifications will not substantially change: Fishing effort, the risk of overfishing, prices/revenues, or fishery behavior. Additionally, this action will not have a significant impact on small entities. As a result, an initial regulatory flexibility analysis is not required and none has been prepared.

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