[Federal Register Volume 69, Number 97 (Wednesday, May 19, 2004)]
[Proposed Rules]
[Pages 28875-28877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11350]



[[Page 28875]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 040507144-4144-01; I.D. 043004A]
RIN 0648-AQ85


Fisheries of the Northeastern United States; Atlantic Bluefish 
Fishery

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

ACTION: Proposed 2004 specifications for the Atlantic bluefish fishery; 
request for comments.

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SUMMARY: NMFS proposes 2004 specifications for the Atlantic bluefish 
fishery, including total allowable landings (TAL), state-by-state 
commercial quotas, recreational harvest limits, and recreational 
possession limits. The intent of the specifications is to conserve and 
manage the bluefish resource.

DATES: Public comments must be received no later than 5 p.m., Eastern 
Standard Time, on June 3, 2004.

ADDRESSES: You may submit comments, identified by Docket Number 
040507144-4144-01 or RIN Number 0648-AQ85, by any of the following 
methods:
    [bul] Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    [bul] E-mail: [email protected]. Include the following 
document identifier: ``Comments-2004 Bluefish Specifications.'' in the 
subject line of the message.
    [bul] Fax: 978-281-9135.
    [bul] Mail: Patricia A. Kurkul, Regional Administrator, Northeast 
Regional Office, NMFS, One Blackburn Drive, Gloucester, MA 01930-2298. 
Please mark the outside of the envelope, ``Comments--2004 Bluefish 
Specifications.''
    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.

FOR FURTHER INFORMATION CONTACT: Myles Raizin, Fishery Policy Analyst, 
(978) 281-9104.

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 (4.762 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 (4.762 
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. NMFS then publishes proposed specifications in the Federal 
Register. After considering public comment, NMFS will publish final 
specifications in the Federal Register.

Proposed 2004 Specifications

Proposed TAL

    On August 5, 2003, the Council adopted specifications for the 2004 
Atlantic bluefish fishery. The Council submitted its recommendations 
and analysis November 24, 2003, and submitted a supplement to clarify 
and correct the document on January 20, 2004. NMFS has reviewed the 
Council's recommendation and has found it complies with the FMP 
objectives. Although these proposed specifications are intended to be 
in place at the beginning of the fishing year, the delay in 
implementing the proposed specifications for 2004 should not compromise 
this fishery because the Atlantic States Marine Fisheries Commission 
(ASMFC) measures, which are already in place in applicable states, 
provide equivalent conservation for bluefish. NMFS is proposing to 
implement the Council's recommended specifications.
    For the 2004 fishery, the stock rebuilding program in the FMP 
restricts F to 0.31. However, the 2002 fishery (the most recent fishing 
year for which F can be calculated) produced an F of only 0.184. So, in 
accordance with the FMP, the measures proposed for 2004 were developed 
to achieve F=0.184. Projection results indicate that the bluefish stock 
will increase to an estimated biomass of 165.853 million lb (365.504 
million kg) in 2004. This biomass can produce a Total Allowable Catch 
(TAC) of 34.215 million lb (15.5 million kg) in 2004 at F=0.184. The 
proposed TAL for 2004 is derived from this value by subtracting 
estimated discards of 2.365 million lb (1.06 million kg) from the TAC. 
This results in a proposed TAL for 2004 of 31.85 million lb (14.45 
million kg).

Proposed Commercial Quota and Recreational Harvest Limit

    If the TAL for the 2004 fishery were allocated based on the 
percentages specified in the FMP, the commercial quota would be 5.414 
million lb (2.456 million kg), with a recreational harvest limit of 
26.435 million lb (11.990 million kg). However, recreational landings 
from the last several years were much lower than the recreational 
allocation for 2004, ranging between 8.30 and 15.5 million lb (3.74 and 
7.05 million kg, respectively). Since the recreational fishery is not 
projected to land its 26.435 million-lb (11.990 million-kg) harvest 
limit in 2004, the FMP allows the specification of a commercial quota 
of up to 10.5 million lb (4.76 million kg). Therefore, consistent with 
the FMP and regulations governing the bluefish fishery, the Council 
recommended, and NMFS proposes, to transfer 5.085 million lb (2.036 
million kg) from the initial 2004 recreational allocation of 26.435 
million lb (11.990 million kg), resulting in 21.350 million lb (9.684 
million kg) for a 2004 proposed recreational harvest limit and a 
proposed quota of 10.5 million lb (4.76 million kg). The proposed 2004 
commercial quota would be the same as was allocated in 2003 and also as 
implemented by the states for 2004 under the ASMFC's Interstate Fishery 
Management Plan for Atlantic Bluefish. A Notice of Request for 
Proposals was published in the Federal Register to solicit research 
proposals for

[[Page 28876]]

2004 that could utilize research set-aside (RSA) TAC authorized by the 
FMP, based on research priorities identified by the Council (January 
27, 2003; 68 FR 3864). One research project that would utilize bluefish 
RSA has been approved by the NOAA Grants Office. Therefore, a 297,750-
lb (135,057-kg) RSA is also proposed. Due to the allocation of the 
bluefish RSA, the proposed commercial quota for 2004 is 10.401 million 
lb (4.718 million kg) and the proposed recreational harvest limit is 
21.150 million lb (9.59 million kg).

Proposed Recreational Possession Limit

    The Council also recommends maintaining the current recreational 
possession limit of 15 fish to meet the recreational harvest limit.

Proposed State Commercial Allocations

    The annual commercial quota for bluefish will be distributed to the 
states (see Table 1.). Proposed state commercial allocations for the 
2004 commercial quotas are shown in the table below, based on the 
percentages specified in the FMP, less the proposed RSA allocation.

                                                                        Table 1--Annual Bluefish State Commercial Quotas
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                                                                                                                                                 2004 Commercial Quota    2004 Commercial Quota
                               State                                    [percnt] of quota      2004 Commercial Quota    2004 Commercial Quota   (lb)  With Research Set- (kg)  With Research Set-
                                                                                                        (lb)                     (kg)                    Aside                    Aside
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ME.................................................................                   0.6685                   70,193                   31,839                   69,536                   31,541
NH.................................................................                   0.4145                   43,523                   19,742                   43,116                   19,557
MA.................................................................                   6.7167                  705,254                  319,901                  698,660                  316,907
RI.................................................................                   6.8081                  714,851                  324,254                  708,168                  321,220
CT.................................................................                   1.2663                  132,962                   60,311                  131,719                   59,747
NY.................................................................                  10.3851                1,090,436                  494,619                1,080,242                  489,990
NJ.................................................................                  14.8162                1,555,701                  705,661                1,541,158                  699,058
DE.................................................................                   1.8782                  197,211                   89,454                  195,367                   88,617
MD.................................................................                   3.0018                  315,189                  142,969                  312,242                  141,631
VA.................................................................                  11.8795                1,247,348                  565,793                1,235,687                  560,498
NC.................................................................                  32.0608                3,366,384                1,526,982                3,334,913                1,512,691
SC.................................................................                   0.0352                    3,696                    1,676                    3,661                    1,661
GA.................................................................                   0.0095                      998                      453                      988                      448
FL.................................................................                  10.0597                1,056,269                  479,121                1,046,394                  474,636
Total..............................................................                 100.0000               10,500,015                4,762,727               10,401,851                4,744,652
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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 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 of this proposed rule. A summary of 
the IRFA follows:
    An active participant in the commercial bluefish fishery sector is 
defined as being any vessel that reported having landed one or more 
pounds of bluefish to NMFS-permitted dealers during calendar year 2002. 
Vessels fishing for bluefish with a Federal permit intending to sell 
their catch must do so to NMFS-permitted dealers. All vessels affected 
by this rulemaking have gross receipts less than $3.5 million and are 
considered to be small entities under the Regulatory Flexibility Act 
(RFA). Since there are no large entities participating in this fishery, 
there are no disproportionate effects resulting from small versus large 
entities. Since costs are not readily available, vessel profitability 
cannot be determined directly. Therefore, changes in gross revenue were 
used as a proxy for profitability. Of the active, Federally-permitted 
vessels in 2002, 928 landed bluefish from Maine to North Carolina. 
Dealer data do not cover vessel activity from South Carolina to 
Florida. South Atlantic Trip Ticket Report data indicate that 1,004 
vessels landed bluefish in North Carolina, including those with Federal 
permits and those fishing only in state waters. These data also 
indicate that 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. 
According to South Atlantic Trip Ticket Report data, 101 commercial 
vessels landed bluefish to dealers on Florida's east coast in 2002.
    In addition, in 2002, approximately 2,063 party/charter vessels 
caught bluefish in either state or Federal waters. All of these vessels 
are considered small entities under the RFA having gross receipts of 
less than $5 million annually. Since the possession limits would remain 
at 15 fish per person, there should be no impact on demand for party/
charter vessel fishing, and therefore, no impact on revenues earned by 
party/charter vessels.
    The Council analyzed three alternatives. The TAL recommendation and 
RSA are unchanged in the alternatives, as the TAL is the level that 
would achieve the target F in 2004, and the RSA is the amount allocated 
through the grants process. The difference between the preferred 
alternative (Alternative 1) and Alternatives 2 and 3, therefore, 
relates only to the manner in which the overall TAL is allocated 
between the commercial and recreational components of the bluefish 
fishery. Under Alternative 1, the commercial quota allocation is 10.401 
million lb (4.718 million kg), with a recreational harvest limit of 
21.150 million lb (9.68 million kg). Under Alternative 2, the 
commercial quota allocation is 5.363 million lb (2.433 million kg) with 
a recreational harvest limit of 26.188 million lb (11.878 million kg). 
Under Alternative 3, the commercial quota allocation is 9.493 million 
lb (4.346 million kg) with a recreational harvest limit of 22.058 
million lb (10.100 million kg).
    The preferred commercial quota represents a less than 1-percent 
decrease from the 2003 commercial quota, with the decrease due to the 
amount specified for the RSA. The 2004 recreational harvest limit would 
be 21 percent lower than the recreational harvest limit specified for 
2003. However, the recreational harvest limit would still be about 
twice the recreational landings for 2002. Bluefish landings for the 
2000-2002 period

[[Page 28877]]

ranged from 29 to 59 percent lower than the recreational harvest limits 
specified in those years, and a projection based on preliminary 
recreational data for 2003 indicates that landings will be 46 percent 
lower than the recreational harvest limit specified for 2003. 
Therefore, under this alternative, no vessels would realize significant 
revenue reductions. A total of 928 vessels were projected to incur 
revenue losses as a result of the proposed commercial quota allocation, 
with 95 percent of those estimated to incur losses of less than 1 
percent, and none to incur losses greater than 5 percent. The affected 
entities would be mostly smaller vessels that land bluefish in 
Massachusetts, New Jersey, New York and North Carolina. In addition, 
economic analysis of South Atlantic Trip Ticket Report data indicated 
that, on average, the slight reduction in the commercial quota from 
2003 to 2004 would be expected to result in small reductions in revenue 
for fishermen that land bluefish in North Carolina (0.05 percent) and 
Florida (0.03 percent).
    The allocations specified in Alternative 2 represent a 49-percent 
decrease in the commercial quota from the 2003 commercial quota, and a 
2-percent decrease in the recreational harvest limit from the 2003 
recreational harvest limit. The 2004 recreational harvest limit would 
be more than twice the 2003 projected recreational landings. The 
reduction in the commercial quota would cause 15 vessels to have 
revenue losses of 50 percent or more, while 123 would have revenue 
losses from 5 to 49 percent. An additional 790 vessels would incur 
revenue losses of less than 5 percent of their total ex-vessel revenue. 
Also, evaluation of South Atlantic Trip Ticket Reports indicates an 
average of 4.43 and 0.03-percent reductions in revenue for fishermen 
that land bluefish in North Carolina and Florida, respectively.
    Alternative 3 represents a 9-percent decrease in the total 
allowable commercial landings for bluefish in 2003 versus 2004. The 
2004 recreational harvest limit would be 17 percent lower than the 
estimated recreational landings in 2003. Under this scenario, a total 
of 53 vessels would incur revenue losses from 5 to 19 percent due to 
the reduction in the commercial quota. An additional 875 commercial 
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 reduction in revenues of 0.82 and 0.05-percent for 
fishermen that land bluefish in North Carolina and Florida, 
respectively.
    The Council further analyzed the impacts on revenues of the 
proposed RSA specified in all three alternatives. The social and 
economic impacts of this proposed RSA are expected to be minimal. 
Assuming the full RSA is allocated for bluefish, the set-aside amount 
could be worth as much as $101,235 dockside, based on a 2002 price of 
$0.34 per pound for bluefish. Assuming an equal reduction among all 928 
active dealer reported vessels, this could mean a reduction of about 
$109 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).

    Dated: May 14, 2004.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 04-11350 Filed 5-18-04; 8:45 am]
BILLING CODE 3510-22-S