[Federal Register Volume 66, Number 35 (Wednesday, February 21, 2001)]
[Proposed Rules]
[Pages 10983-10986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4168]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 010208032-1032-01; I.D. 121200L]
RIN 0648-AM47


Fisheries of the Northeastern United States; Proposed 2001 
Specifications for the Atlantic Bluefish Fishery; Regulatory Amendment

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

ACTION: Proposed 2001 specifications for the Atlantic bluefish fishery; 
regulatory amendment; request for comments.

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[[Page 10984]]

SUMMARY: NMFS proposes 2001 specifications for the Atlantic bluefish 
fishery, including a total allowable harvest level (TAL), state-by-
state commercial quotas, and recreational harvest limits and possession 
limits for Atlantic bluefish off the east coast of the United States. 
The intent of the specifications is to conserve and manage the bluefish 
resource and provide for sustainable fisheries. NMFS also proposes to 
amend the regulations implementing the Fishery Management Plan for 
Atlantic Bluefish (FMP) to specify the procedures for setting the 
annual TAL.

DATES: Public comments must be received no later than 5:00 p.m., 
Eastern Standard Time, on March 23, 2001.

ADDRESSES: Send written comments on the proposed specifications should 
to Patricia A. Kurkul, Regional Administrator, Northeast Region, 
National Marine Fisheries Service, One Blackburn Drive, Gloucester, MA 
01930-2298. Mark on the outside of the envelope: ``Comments--2001 
Bluefish Specifications.'' Comments may also be sent via facsimile 
(fax) to (978) 281-9371. Comments will not be accepted if submitted via 
e-mail or the Internet.
    Send comments on any ambiguity or unnecessary complexity arising 
from the language used in this proposed rule to the Regional 
Administrator.
    Copies of supporting documents, including the Environmental 
Assessment, Regulatory Impact Review, Preliminary Regulatory Economic 
Evaluation (EA/RIR/PREE), and the Essential Fish Habitat Assessment are 
available from the Regional Administrator at the same address. The EA/
RIR/IRFA or PREE are accessible via the Internet at http:/www.nero.gov/ro/doc/nr.htm.

FOR FURTHER INFORMATION CONTACT: Myles Raizin, Fishery Policy Analyst, 
(978) 281-9104, e-mail at [email protected], fax at (978) 281-9135.

SUPPLEMENTARY INFORMATION: Regulations implementing the FMP prepared by 
the Mid-Atlantic Fishery Management Council (Council) appear at 50 CFR 
part 648, subparts A and J. Regulations requiring annual specifications 
are found at Sec.  648.160. The FMP requires that the Council 
recommend, on an annual basis, TAL, which is comprised of a commercial 
quota and recreational harvest limit.
    The FMP also requires that (1) The TAL for any given year be set 
based on the fishing mortality rate (F) resulting from the stock 
rebuilding schedule contained in Amendment 1 to the FMP, or the 
estimated F in the most recent fishing year, whichever is lower and (2) 
a total of 17 percent of the TAL be allocated to the commercial 
fishery, as a quota, with the remaining 83 percent allocated as a 
recreational harvest limit, with the stipulation that, if 17 percent of 
the TAL is less than 10.50 million lb (4.8 million kg) and the 
recreational fishery is not projected to land its harvest limit for the 
upcoming year, the commercial fishery may be allocated up to 10.50 
million lb (4.8 million kg) as its quota, provided that the combination 
of the projected recreational landings and the commercial quota does 
not exceed TAL.
    The Council's recommendations must include supporting 
documentation, as appropriate, concerning the environmental, economic, 
and social impacts of the recommendations. NMFS, after reviewing these 
recommendations, publishes proposed specifications in the Federal 
Register. After considering public comment, the Administrator, 
Northeast Region, NMFS, will publish final specifications in the 
Federal Register.
    In July, 2000, the Council adopted specifications for the 2000 
Atlantic bluefish fishery. However, those specifications, which were 
submitted to NMFS in March, 2000, could not be published prior to 
August 25, 2000, that being the effective date of the rule implementing 
Amendment 1 to the FMP at 50 FR 45844, July 25, 2000. Given that 
publication of a final rule to implement the 2000 specifications could 
not take place prior to November, 2000, and would be in effect for less 
than 2 months, NMFS believed that the administrative burden of a 
rulemaking could not be justified for such a short period of time. 
Factored into this decision was the knowledge that the states, under 
the aegis of the Atlantic States Marine Fisheries Commission 
(Commission), had previously implemented specifications for the year 
2000 that are identical to those adopted by the Council for the 2000 
bluefish fishery.

Proposed 2001 Specifications

Proposed TAL

    For the 2001 fishery, the stock rebuilding program in the FMP would 
restrict F to 0.41. However, the 1999 fishery produced an F of only 
0.295, so, in accord with the FMP, TAL proposed for 2001 was selected 
to achieve F=0.295. The 1999 fishery is the most recent year for which 
landings data are complete and for which an F can be estimated. 
Therefore, the TAL for 2001 would be 37.84 million lb (17.17 million 
kg), which is calculated based on the current estimate of biomass and 
F=0.295. The increase in TAL for 2001 versus 2000 results from an 
increase in the stock biomass, even though the 2001 TAL is based on a 
lower F than that specified in the FMP rebuilding program.

Proposed Commercial Quota and Recreational Harvest Limit

    If TAL were allocated for the 2001 fishery based on the percentages 
specified in the FMP, the commercial allocation would be 6.43 million 
lb (2.92 million kg) with a recreational harvest limit of 31.41 million 
lb (14.25 million kg). However, recreational landings from 1995 through 
1999 were much lower than the recreational allocation for 2001, ranging 
between 8.30 and 14.7 million lb (3.76 and 6.67 million kg); thus, 
giving the Council the opportunity to recommend a commercial quota of 
up to 10.5 million lb (4.76 million kg). Instead, the Council chose to 
recommend a commercial quota of 9.58 million lb, (4.35 million kg) 
unchanged from the 1999 commercial quota and identical to the 2000 
quota implemented by the states under aegis of the Commission. Under 
the FMP, this would require transferring 3.15 million lb (1.43 million 
kg) from the initial 2001 recreational allocation of 31.41 million lb 
(14.13 million kg), leaving 28.26 million lb (12.82 million kg) for the 
2001 recommended harvest limit. The 2001 commercial quota is unchanged 
from the commercial quota specified by the Commission for 1999 and 
2000.

Proposed Recreational Possession Limit

    A 2-year projection of the bluefish stock biomass was conducted 
using an assumed F rate of 0.295. Results indicate that the bluefish 
stock will increase from an estimated biomass of 35,840 mt (78,919,680 
lb) in 2000 to 51,990 mt (114,481,980 lb) in 2001, and 69,720 mt 
(153,523,440 lb) in the year 2002. The stock is projected to increase 
substantially in the next 2 years with commensurate increases in 
recreational harvest limit. However, recreational landings have 
decreased in the past 2 years from 14,302 mt (31,521,608 lb) in 1997 to 
12,334 mt (27,184,136 lb) in 1998 and to 8,253 mt (18,189,612 lb) in 
1999. Therefore, the Council recommended an increase in the possession 
limit from 10 to 15 fish in 2001. The Council believes that this 
increase will benefit some recreational anglers while landings will not 
exceed the recreational harvest limit.

[[Page 10985]]

Proposed State Commercial Allocations

    Proposed state commercial allocations for the recommended 2001 
commercial quotas are shown in the following table, based on the 
percentages specified in the FMP and at Sec.  648.100(d)(1).

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                                                                 2001 Commercial Quota    2001 Commercial Quota
                State                      Percent of quota               (lb)                     (kg)
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ME                                                      0.6685                   64,062                   29,066
NH                                                      0.4145                   39,722                   18,023
MA                                                      6.7167                  643,661                  292,042
RI                                                      6.8081                  652,420                  296,016
CT                                                      1.2663                  121,350                   55,059
NY                                                     10.3851                  995,204                  451,544
NJ                                                     14.8162                1,419,836                  644,209
DE                                                      1.8782                  179,988                   81,664
MD                                                      3.0018                  287,662                  130,518
VA                                                     11.8795                1,138,412                  516,521
NC                                                     32.0608                3,072,386                1,394,005
SC                                                      0.0352                    3,373                    1,530
GA                                                      0.0095                      910                      413
FL                                                     10.0597                  964,021                  437,396
Total                                                  100.000                9,583,010                4,348,008
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Regulatory Amendment

    The final regulations implementing Amendment 1 to the FMP (50 FR 
45844, July 25, 2000), inadvertently did not specify the procedures for 
setting an annual TAL. Regulatory text needs to be added to Sec.  
648.160(a) to reflect the FMP requirement in section 3.1.1.2 of 
Amendment 1 that requires the Council to use the estimated F for the 
fishing year preceding the Council submission of the recommended 
specifications for setting TAL if the estimated F is less than the 
target F identified in the rebuilding schedule. The portion of 
Amendment 1 containing this requirement was approved by NMFS on July 
29, 1999.

Classification

    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    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 impact on a substantial number of small entities. A 
description of the action, why it is being considered, and the legal 
basis for this action are contained in the preamble. The factual basis 
for certification is as follows:
    An active participant in the commercial sector was defined as 
being any vessel that reported having landed one or more pounds of 
bluefish to NMFS-permitted dealers during calendar year 1999. All 
vessels are considered to be small entities. Of the active vessels 
reported in 1999, 866 landed bluefish from Maine to North Carolina. 
The dealer data do not cover vessel activity in the South Atlantic. 
State trip ticket report data indicate that 609 vessels landed 
bluefish in North Carolina with some possible double counting. 
Bluefish landings in South Carolina and Georgia were minuscule, 
representing less than 1/10 of 1 percent of total coastwide bluefish 
landings. Therefore, it was assumed that no vessels landed bluefish 
from those states. In addition, 136 vessels landed bluefish to 
dealers on Florida's east coast in 1999, as reported by the State of 
Florida. In 1994, the last time such a vessel survey was done, 
approximately 2,063 party/charter vessels were estimated to have 
caught bluefish.
    The Council analyzed three alternatives for TAL, each with a 15-
fish recreational possession limit for the recreational fishery. 
Analysis of the preferred alternative, which represents the status 
quo for the commercial quota compared to the 2000 specifications for 
bluefish, examined the impacts on industry that would result from a 
TAL of 37.84 million lb (17.17 million kg) that would allocate 9.58 
million lb (4.35 million kg) for the commercial sector and 28.26 
million lb (12.81 million kg) for the recreational sector. Results 
of the analysis indicate that, on a coastwide basis, the preferred 
alternative could yield increases in revenue to commercial bluefish 
fishermen of 36 percent compared to 1999 landings. Analysis of the 
effects of the preferred alternative on fishermen in individual 
states concluded that the increase in revenues would occur in all 
states except New York, where 22 of the 192 vessels home ported in 
that state could have their revenues reduced by 5 percent or more. 
The Council noted that the negative impact to the State of New York 
could easily be mitigated by a transfer of commercial quota from 
another state, as allowed under the FMP, and as accomplished under 
the Commission's Interstate Plan for Atlantic bluefish in 2000.
    The Council further analyzed the impacts on revenues of the 
increase in the possession limit from 10 to 15 fish for all three 
alternatives. The 15-fish possession limit is expected to increase 
angler satisfaction, as it is higher than the 10-fish possession 
limit implemented each year since 1990. Based on average 1985-1989 
landings and angler catch data, the 10-fish bag limit reduced 
landings by 17.2 percent. Based on the same 1985-1989 average 
landings and catch data, the implementation of the 15-fish 
possession limit is expected to increase landings by 7.9 percent 
from current levels. Relative to the 1999 landings a 7.9 percent 
increase would not result in landings in excess of the recreational 
harvest limit. In determining what might constitute ``significant 
economic impacts'' on small entities, the analysis considered the 
potential impact on revenues from changes in commercial quotas from 
1999 to 2001 and considered that revenue reduction greater than 5 
percent of total revenue might be significant. The analysis 
considered the effects at the state, county and individual vessel 
level. Of the 866 Federally permitted vessels landing bluefish in 
1999, 31 vessels could have their revenues reduced by 5 percent or 
more. Of these vessels, 22 were home ported in New York, with the 
home ports of the other vessels unable to be determined. Under the 
most restrictive alternative considered, Dare County, NC, and 
Suffolk County, NY, were considered the most impacted. However, 
because North Carolina will not be restricted from 1999 landings 
under the preferred alterative, only Suffolk County, NY, can be 
expected to be impacted because of a possible reduction in landings 
of 30 percent for the whole state. Because all the entities effected 
by this action are considered small entities, the issue of 
disproportionality with large entities does not pertain. While some 
vessel owners/operators in New York may have reduced revenues 
resulting in lower profitability, vessel owners/operators in other 
states coastwide could see increases in total revenues as a result 
of the 136 percent increase in the commercial allocation over the 
1999 landings. The reduction in total revenues to vessel owners/
operators in New York would likely be minimized through transfer to 
New York state of state quotas from other states that would not 
utilize their full quotas. Thus, there would not be any significant 
economic impacts on the identified small entities. Only 31 of the 
866 federally permitted vessels that landed

[[Page 10986]]

bluefish in 1999 would likely be affected by the preferred action.
    The criteria used to determine ``a substantial number of small 
entities'' is based on a threshold value of 20 percent of the total 
number of small entities being directly affected. Only 31 of the 866 
federally permitted vessels that landed bluefish in 1999 would 
likely be affected by the preferred action. As stated earlier, there 
is the possibility for relief of these vessels through transfer of 
quota from one state to another. Even if this transfer does not 
occur, the percent of vessels that would be affected does not 
constitute a ``substantial number.''
    In making this analysis, the Council used NMFS stock assessment 
reports, NMFS landings data, state fish ticket reports, NMFS marine 
recreational fishing statistical survey reports, various NMFS marine 
recreational fishing and charter/party boat surveys, Bureau of 
Census data, and various scientific studies and reports covering the 
biological, economic and social aspects of the bluefish fishery. 
Using these data, the Council analyzed the potential changes in 
revenue from 1999 to 2001 for vessels on an individual and state-by-
state basis and determined the degree each vessel/state could be 
impacted by the preferred and other alternatives by comparing 
landings in 1999 with potential changes created by the proposed 
quotas for 2001. For the change in the recreational bag limit, the 
Council analyzed the increase in catch based on a ten-year average 
of catches before size limits were instituted in the fishery. The 
availability of a long time series of data enable the use of long-
term averages in the analysis. As such, there is little variability 
or uncertainty in this analysis. In making this analysis the Council 
assumed that, because average revenue changes were made using 1999 
data, revenue changes for 2001 are dependent upon landings in 1999. 
Further, the Council assumed the conduct of the recreational and 
commercial sectors of the fishery would be similar to the 1999 
fishery. Were these assumptions to change, i.e., if the price 
structure of the fishery were to change or if either the 
recreational or commercial sector of the bluefish fishery were to 
suddenly increase or decrease, the magnitude of the impacts (both 
positive and negative) identified in this analysis could change. 
However, given the history of commercial and recreational fisheries 
participation in the bluefish fishery, it is unlikely that there 
would be any significant changes during one fishing season that will 
nullify the predicted impact of the 2001 annual specifications.
    The President has directed Federal agencies to use plain language 
in their communications with the public, including regulations. To 
comply with this directive, we seek public comment on any ambiguity or 
unnecessary complexity arising from the language used in this proposed 
rule. Such comments should be sent to the Regional Administrator (see 
ADDRESSES).

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: February 12, 2001.
William T. Hogarth,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 648, chapter 
VI, is proposed to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

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

    2. In Sec.  648.160, paragraph (a) is revised to read as follows:


Sec.  648.160  Catch quotas and other restrictions.

* * * * *
    (a) Annual review. On or before August 15 of each year, the 
Bluefish Monitoring Committee will meet to determine the total 
allowable level of landings (TAL) and other restrictions necessary to 
achieve the target fishing mortality rate (F) specified in the Fishery 
Management Plan for Atlantic Bluefish for the upcoming fishing year or 
the estimated F for the fishing year preceding the Council submission 
of the recommended specifications, whichever F is lower. In determining 
the TAL and other restrictions necessary to achieve the specified F, 
the Bluefish Monitoring Committee will review the following data, 
subject to availability: Commercial and recreational catch data; 
current estimates of fishing mortality; stock status; recent estimates 
of recruitment; virtual population analysis results; levels of 
noncompliance by fishermen or individual states; impact of size/mesh 
regulations; sea sampling data; impact of gear other than otter trawls 
and gill nets on the mortality of bluefish; and any other relevant 
information.
* * * * *
[FR Doc. 01-4168 Filed 2-20-01; 8:45 am]
BILLING CODE 3510-22-S