[Federal Register Volume 66, Number 90 (Wednesday, May 9, 2001)]
[Rules and Regulations]
[Pages 23625-23627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11701]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 010208032-1109-02; I.D.121200L]
RIN 0648-AM47


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

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

ACTION:  Final 2001 specifications for the Atlantic bluefish fishery; 
regulatory amendment.

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SUMMARY: NMFS issues 2001 specifications for the Atlantic bluefish 
fishery, including total allowable harvest levels (TAL), state-by-state 
commercial quotas, and recreational harvest limits and possession 
limits for Atlantic bluefish off the east coast of the United States. 
NMFS also amends the regulations implementing the Fishery Management 
Plan for Atlantic Bluefish (FMP) to insert an inadvertently omitted 
paragraph in the procedure for annually setting TAL. This action is 
necessary to conserve and manage the bluefish resource and is intended 
to provide for sustainable fisheries.

DATES:  The 2001 TAL, commercial quotas, and recreational harvest 
limits are effective May 9, 2001 through December 31, 2001.
     The amendment to Sec.  648.160 is effective June 8, 2001.
     The amendment to Sec.  648.164 is effective May 9, 2001.

ADDRESSES:  Copies of supporting documents, including the Environmental 
Assessment, Regulatory Impact Review, Pre Regulatory Economic 
Evaluation (EA/RIR/PREE), and the Essential Fish Habitat Assessment are 
available from: Patricia A. Kurkul, Regional Administrator, Northeast 
Region, National Marine Fisheries Service, One Blackburn Drive, 
Gloucester, MA 01930-2298. The EA/RIR/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:  NMFS implemented the FMP through 
regulations at 50 CFR part 648, subparts A and J. Section 648.160 
requires annual specifications. The FMP, as adopted by the Mid-Atlantic 
Fishery Management Council (Council) requires that the Council 
recommend, on an annual basis, TAL, which is composed of a commercial 
quota and a recreational harvest limit. NMFS published a proposed rule 
to establish the 2001 bluefish specifications and insert an 
inadvertently omitted paragraph into Sec.  648.160 at 66 FR 10983, 
February 21, 2001, with a comment period ending March 23, 2001.

Final Specifications

2001 TAL

    The FMP requires that 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 (F=0.41 for 2001) or on 
the estimated F for the fishing year preceding the Council submission 
of the recommended specifications, whichever F is lower. The 1999 
bluefish fishery data were the most recent data that were complete when 
the specification process began for the 2001 bluefish fishery. Because 
the 1999 fishery produced an F of only 0.295 (equals a 33 percent 
exploitation rate for the bluefish fishery), the TAL is set to maintain 
this F in 2001.

[[Page 23626]]

 Therefore, the TAL for 2001 is 37.84 million lb (17.17 million kg), 
which equals 33 percent of the estimated biomass for 2001 (114.62 
million lb (52.0 million kg). By basing the bluefish TAL for 2001 on an 
F value of 0.295, this action prevents overfishing of the Atlantic 
bluefish stock. According to the current overfishing definition fo this 
fish stock, F values less than 0.4 prevent overfishing.

2001 Commercial Quotas and Recreational Harvest Limits

    The FMP requires that 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. This would result in a 
commercial allocation of 6.43 million lb (2.92 million kg) and a 
recreational harvest limit of 31.41 million lb (14.25 million kg). 
However, the FMP also specifies 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.
    Since recreational landings from 1995 through 1999 ranged between 
8.3 and 14.7 million lb (3.76 and 6.67 million kg), well below the 
recreational harvest limit for 2001, the Council relied on the 
foregoing provision. This action establishes a commercial quota of 9.58 
million lb (4.35 million kg) for 2001, which maintains the 2001 quota 
at the level specified in 2000 by the Atlantic States Marine Fisheries 
Commission. Under the FMP, this required transferring 3.15 million lb 
(1.43 million kg) from the initial 2001 recreational allocation of 
31.41 million lb (14.25 million kg), leaving 28.26 million lb (12.82 
million kg) for the 2001 recommended harvest limit. The 2001 commercial 
quotas are unchanged from the 2000 quotas implemented by the states 
under the Interstate Fishery Management Plan for Atlantic Bluefish, so 
no significant economic impacts are expected. The 2001 state commercial 
quotas are listed in the table below.

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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                   39,701                   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
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Total................................                  100.000                9,583,010                4,348,008
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Recreational Possession Limit for 2001

    The Council made a 2-year projection of the bluefish stock biomass 
using an assumed F of 0.295. Results indicate that the bluefish stock 
will increase from an estimated biomass of 78,919,680 lb (35,840 mt) in 
2000 to 114,481,980 lb (51,990 mt) in 2001, and 153,523,440 lb (69,720 
mt) in the year 2002. The projection predicts the stock will increase 
substantially in the next 2 years, with commensurate increases in the 
recreational harvest limit. However, recreational landings have 
decreased from 14,302 mt (31,521,608 lb) in 1997 to 12,334 mt 
(27,184,136 lb) in 1998 and 8,253 mt (18,189,612 lb) in 1999. 
Therefore, NMFS is increasing the possession limit from 10 to 15 fish 
in 2001. NMFS expects this increase to benefit some recreational 
anglers without exceeding the recreational harvest limit of 28.26 
million lb (12.82 million kg).

Regulatory Amendment

    During rulemaking to implement Amendment 1 to the FMP, NMFS 
inadvertently omitted a portion of the regulatory text in Sec.  
648.160(a) necessary to specify the procedures for setting annual TAL. 
The regulatory text needs to reflect the FMP requirement, found in 
section 3.1.1.2 of Amendment 1, that the Council 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. NMFS approved 
the portion of Amendment 1 containing this requirement on July 29, 
1999.

Changes from Proposed Rule

    When publishing the proposed rule, NMFS mistakenly omitted the 
regulatory text in Sec.  648.164 that specifies the bluefish possession 
limit. This final rule revises the regulatory text consistent with the 
increase in the possession limit from 10 fish per person to 15 fish per 
person.

Comments and Responses

    No comments were received during the public comment period for the 
proposed rule.

Classification

    This final rule has been determined to be not significant for 
purposes of Executive Order 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 rule would not have a significant impact on a 
substantial number of small entities. The factual basis for that 
determination was provided in the proposed rule for this action. No 
comments were received regarding the economic effects of this action; 
accordingly, the factual basis for this certification has not changed. 
Therefore, a regulatory flexibility analysis under the Regulatory 
Flexibility Act was not required and none was prepared.
     The Assistant Administrator for Fisheries, NOAA, under 5 U.S.C. 
553(d)(5), finds good cause not to delay

[[Page 23627]]

the effective date of the 2001 fishery specifications contained in this 
final rule. This rule establishes only a commercial quota and 
recreational possession limits, which are used to control the harvest 
in this fishery, but establishes any requirements for which a 
regulatory entity must come into compliance. This fishery commenced on 
January 1, 2001. In addition, the increase in the recreational harvest 
limit from 10 to 15 fish relieves a restriction.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: May 3, 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 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. 1801 et 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.
* * * * *

    3. In Sec.  648.164, the first sentence of paragraph (a) is revised 
to read as follows:


Sec.  648.164  Possession restrictions.

    (a) No person shall possess more than 15 bluefish in, or harvested 
from, the EEZ unless that person is the owner or operator of a fishing 
vessel issued a bluefish commercial permit or is issued a bluefish 
dealer permit. * * *
* * * * *
[FR Doc. 01-11701 Filed 5-8-01; 8:45 am]
BILLING CODE 3510-22-S