[Federal Register Volume 68, Number 3 (Monday, January 6, 2003)]
[Proposed Rules]
[Pages 533-536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-179]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 021223329-2329-01; I.D. 121302A]
RIN 0648-AQ26


Fisheries of the Northeastern United States; Atlantic Bluefish 
Fishery

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

ACTION: Proposed 2003 specifications for the Atlantic bluefish fishery; 
request for comments.

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

SUMMARY: NMFS proposes 2003 specifications for the Atlantic bluefish 
fishery, including total allowable landings (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.

DATES: Public comments must be received no later than 5 p.m., Eastern 
Standard Time, on January 21, 2003.

ADDRESSES: Copies of supporting documents, including the Environmental 
Assessment (EA), Initial Regulatory Flexibility Analysis (IRFA), and 
the Essential Fish Habitat Assessment (EFHA) are available from: Daniel 
Furlong, Executive Director, Mid-Atlantic Fishery Management Council, 
Room 2115, Federal Building, 300 South New Street, Dover, DE 19904-
6790. The EA, IRFA, and EFHA are accessible via the Internet at http:/
www.nero.noaa.gov.
    Comments on the proposed specifications should be sent to: Patricia 
A. Kurkul, Regional Administrator, Northeast Regional Office, NMFS, One 
Blackburn Drive, Gloucester, MA 01930-2298. Please mark the envelope, 
``Comments--2003 Bluefish Specifications.'' Comments also may be sent 
via facsimile (fax) to 978-281-9135. Comments will not be accepted if 
submitted via e-mail or Internet.

[[Page 534]]


FOR FURTHER INFORMATION CONTACT: Paul Perra, Fishery Policy Analyst, 
(978) 281-9153, e-mail at [email protected], fax at (978) 281-9135.

SUPPLEMENTARY INFORMATION: Regulations implementing the Atlantic 
Bluefish Fishery Management Plan (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, a TAL, which is comprised of a commercial quota and a 
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 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 is responsible for 
reviewing these recommendations to assure they achieve the FMP 
objectives, and may modify them if they do not. NMFS then publishes 
proposed specifications in the Federal Register. After considering 
public comment, NMFS will publish final specifications in the Federal 
Register.

Proposed 2003 Specifications

Proposed TAL

    On August 9, 2002, the Council adopted specifications for the 2003 
Atlantic bluefish fishery. NMFS has reviewed the Council's 
recommendation and has found it complies with the FMP objectives. 
Therefore, NMFS is proposing to implement the Council's recommended 
specifications.
    For the 2003 fishery, the stock rebuilding program in the FMP would 
restrict F to 0.41. However, the 2001 fishery (the most recent fishing 
year for which F can be calculated) produced an F of only 0.246. So, in 
accordance with the FMP, the TAL proposed for 2003 was set to achieve 
F=0.246. The resulting TAC recommended by the Council and proposed by 
NMFS is 39.5 million lb (17.9 million kg). The TAL is calculated by 
deducting discards, estimated at 2.2 million lb (0.99 million kg) for 
2003, from the TAC. Therefore, the proposed TAL for 2003 is 37.293 
million lb (16.916 million kg).

Proposed Commercial Quota and Recreational Harvest Limit

    If the TAL for the 2003 fishery were allocated based on the 
percentages specified in the FMP, the commercial quota would be 6.339 
million lb (2.875 million kg), with a recreational harvest limit of 
30.953 million lb (10.500 million kg). However, recreational landings 
from the last several years were much lower than the recreational 
allocation for 2003, ranging between 8.30 and 15.5 million lb (3.74 and 
7.05 million kg). Since the recreational fishery is not projected to 
land its 30.953 million-lb (12.153 million-kg) harvest limit in 2003, 
this allows the specification of a commercial quota of up to 10.5 
million lb (4.76 million kg). NMFS proposes to transfer 4.161 million 
lb (1.887 million kg) from the initial 2003 recreational allocation of 
30.953 million lb (12.153 million kg), resulting in 26.793 million lb 
(12.153 million kg) for the 2003 recommended recreational harvest limit 
and a proposed commercial quota of 10.5 million lb (4.744 million kg). 
The proposed 2003 commercial quota would be the same amount as was 
allocated in 2002 and implemented by NMFS and the states under the 
Atlantic States Marine Fisheries Commission's Interstate Fishery 
Management Plan for Atlantic Bluefish. A recreational possession limit 
of 15 fish/person (same as in 2002) is proposed, and also, 141,900-lb 
(64,365-kg) research set-aside (RSA) is proposed. Some or all of the 
RSA amount will be allocated if research proposals to utilize it are 
approved for award. A Request for Proposals was published to solicit 
proposals for 2003, based on research priorities identified by the 
Council (67 FR 13602, March 25, 2002). The deadline for submission was 
May 13, 2002. One research project that would utilize bluefish RSA has 
been conditionally approved by NMFS, and is under final review by the 
NOAA Grants Office. The Council and NMFS have recommended an RSA 
allocation of 141,900 lb (64,365 kg), for that project.
    If all of the bluefish RSA is allocated, the commercial quota would 
be 10.460 million lb (4.745 million kg) and the recreational harvest 
limit would be 26.691 million lb (12.107 million kg). The RSA, the 
commercial quota, and the recreational harvest limit will be adjusted 
in the final rule establishing the annual specifications for the 
bluefish fishery, if necessary, to reflect RSA allocations to projects 
forwarded to the NOAA Grants Office for award. If the awards are not 
made for any reason, NMFS will publish notification in the Federal 
Register to restore the unused set-aside amount to the annual 
commercial and recreational allocations.

Proposed State Commercial Allocations

    Proposed state commercial allocations for the recommended 2003 
commercial quotas are shown in the table below, based on the 
percentages specified in the FMP less the proposed RSA allocation.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                          2003 Commercial     2003 Commercial Quota (kg)
                                                                                                            Quota (lb)      ----------------------------
                    State                      % of quota     2003 Commercial       2003 Commercial   ----------------------
                                                                Quota (lb)            Quota (kg)        With Research Set-     With Research Set-Aside
                                                                                                               Aside
--------------------------------------------------------------------------------------------------------------------------------------------------------
ME                                                 0.6685                70,193                31,839                 6,992                       31,718
NH                                                 0.4145                43,523                19,741                43,357                       19,667
MA                                                 6.7167               705,254               319,898               702,570                      318,684
RI                                                 6.8081               714,851               324,251               712,131                      323,021
CT                                                 1.2663               132,962                60,310               132,456                       60,082
NY                                                10.3851             1,090,436               494,613             1,086,286                      492,736
NJ                                                14.8162             1,555,701               705,654             1,549,782                      702,977
DE                                                 1.8782               197,211                89,453               196,461                       89,114
MD                                                 3.0018               315,189               142,967               313,990                      142,425

[[Page 535]]

 
VA                                                11.8795             1,247,348               565,787             1,242,601                      563,640
NC                                                32.0608             3,366,384             1,526,966             3,353,575                    1,521,172
SC                                                 0.0352                 3,696                 1,676                 3,682                        1,670
GA                                                 0.0095                   998                   452                   994                          451
FL                                                10.0597             1,056,269               479,115             1,052,249                      477,297
Total                                            100.0000            10,500,000             4,762,720            10,460,058                    4,744,652
--------------------------------------------------------------------------------------------------------------------------------------------------------

Classification

    This action is authorized by 50 CFR part 648 and has been 
determined to be not significant for purposes of Executive Order 12866. 
The Council prepared an Initial Regulatory Flexibility Analysis (IRFA) 
that describes the impact this proposed rule, if adopted, would have on 
small entities. A description of the action, why it is being 
considered, and the legal basis for the action are provided in the 
preamble for the proposed rule, and in the SUMMARY section of the 
preamble, and in the IRFA. A summary of the IRFA 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 2001. All vessels are 
considered to be small entities. Of the active vessels in 2001, 846 
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 1,092 vessels landed bluefish in North Carolina. 
Bluefish landings in South Carolina and Georgia represented less than 
1/10 of 1 percent of total landings. Therefore, it was assumed that no 
vessels landed bluefish from those states. In addition, 214 vessels 
landed bluefish to dealers on Florida's east coast in 2001. In recent 
years, approximately 2,063 party/charter vessels caught bluefish.
    The Council analyzed three TAL alternatives. The preferred 
alternative examined the impacts on the industry that would result from 
a TAL of 37.293 million lb (16.916 million kg), allocated to the 
commercial and recreational sectors (10.460 million lb (4.74 million 
kg) commercial; 26.691 million lb (12.107 million kg) recreational), 
and an RSA of 141,900 million lb (64,356 kg). Alternative 2 considered 
a TAL of 37.293 million lb (16.916 million kg), allocated to the 
commercial and recreational sectors (6.315 million lb (2.864 million 
kg) commercial; 30.835 million lb (13.986 million kg, recreational), 
and an RSA of 141,900 lb (64,365 kg). Alternative 3, provides for a 
lower commercial quota than Alternative 1, considers a TAL of 37.293 
million lb (16.916 million kg) 9.546 million lb (4.329 million kg) 
commercial; 27.604 million lb (12.521 million kg) recreational), and an 
RSA of 141,900 lb (64,365 Kg).
    On a coastwide basis, the preferred alternative would allow for 
less than a 1-percent decrease in total allowable commercial landings 
for bluefish in 2003 versus the 2002 commercial quota, due to the 
amount specified for the RSA. The 2003 recreational harvest limit would 
be 63 percent higher than the estimated recreational landings in 2002. 
Under this alternative, no vessels would realize significant revenue 
reductions. According to dealer data, 650 federally permitted 
commercial vessels would be expected to incur revenue losses of 5 
percent or less, and 193 commercial vessels would incur revenue gains. 
The affected entities would be mostly smaller vessels that land 
bluefish in Massachusetts, New Jersey, New York and North Carolina. The 
revenue increase is primarily due to the fact that the New York quota 
was adjusted downward in 2002 due to overages in 2001. Thus, that state 
shows a positive proportional change in quota from 2002 to 2003 (see 
section 5.3 of the RIR/IRFA). In addition, economic analysis of South 
Atlantic Trip Ticket Report data indicated that, on average, reduction 
in revenues due to the change in quota levels from 2002 to 2003 are 
expected to have small reductions in revenue for fishermen that land 
bluefish in North Carolina (1.44 percent) and minimal for fishermen 
that land bluefish in Florida (0.07 percent).
    Alternative 2 would result in a 40-percent decrease in the total 
allowable commercial landings for bluefish in 2003 versus 2002. The 
2003 recreational harvest limit would be 88 percent higher than the 
estimated recreational landings in 2002. Under this scenario, according 
to Northeast dealer data, a total of 103 vessels would incur revenue 
losses from 5 to 39 percent, and 740 vessels would incur revenue losses 
of less than 5 percent of their total ex-vessel revenue. Also, 
evaluation of South Atlantic Trip Ticket Reports indicate an average of 
6.1 and 0.03-percent reductions in revenue for fishermen that land 
bluefish in North Carolina and Florida, respectively.
    Alternative 3 would result in a 9-percent decrease in the total 
allowable commercial landings for bluefish in 2003 versus 2002. The 
2003 recreational harvest limit would be 69 percent higher than the 
estimated recreational landings in 2002. Under this scenario, based on 
Northeast dealer data, a total of 28 vessels would incur revenue losses 
from 5 to 10 percent, 626 commercial vessels would incur revenue losses 
of less than 5 percent of their total ex-vessel revenue, and 189 
vessels would incur an increase in revenue. The revenue increase is 
primarily due to the fact that the New York quota was adjusted downward 
in 2002 due to overages in 2001. Thus, that state shows a positive 
proportional change in quota from 2002 to 2003 (see section 5.3 of the 
RIR/IRFA). Also, evaluation of South Atlantic Trip Ticket Reports 
indicate reduction in revenues of 1.44 and 0.07-percent for fishermen 
that land bluefish in North Carolina and Florida, respectively.
    The Council further analyzed the impacts on revenues of the 
proposed RSA amount for all three alternatives. The social and economic 
impacts of this proposed RSA are minimal. Assuming the full RSA is 
allocated for bluefish, the set-aside amount could be worth as much as 
$45,480 dockside, based on a 2001 price of $0.32 per pound. Assuming an 
equal reduction among all 834 active dealer reported vessels, this 
could mean a reduction of about $55 per individual vessel. Changes in 
the recreational harvest limit would be insignificant (less than 1 
percent decrease), if 2 percent of the TAL is used for research. It is 
unlikely that there would be negative impacts. A copy of this analysis 
is available from the Council (see ADDRESSES).

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


[[Page 536]]


    Dated: December 27, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory ProgramsNational Marine 
Fisheries Service.
[FR Doc. 03-179 Filed 1-3-03; 8:45 am]
BILLING CODE 3510-22-S