[Federal Register Volume 70, Number 25 (Tuesday, February 8, 2005)]
[Proposed Rules]
[Pages 6608-6611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2442]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 050125017-5017-01; I.D. 011905E]
RIN 0648-AR57


Fisheries of the Northeastern United States; Atlantic Bluefish 
Fishery

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

ACTION: Proposed 2005 specifications for the Atlantic bluefish fishery; 
request for comments.

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SUMMARY: NMFS proposes 2005 specifications for the Atlantic bluefish 
fishery, including state-by-state commercial quotas, a recreational 
harvest limit, and recreational 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 February 23, 2005.

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 2005 Bluefish Specifications.'' Comments also may be sent 
via facsimile (fax) to 978-281-9135. Comments on the specifications may 
be submitted by e-mail. The mailbox address for providing e-mail 
comments is [email protected]. Include in the subject line 
of the e-mail comment the following document identifier: ``Comments-
2005 Bluefish Specifications.'' Comments may also be submitted 
electronically through the Federal e-Rulemaking portal: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Don Frei, Fishery Management 
Specialist, (978) 281-9221, 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 648.160. The FMP requires that the Council recommend, on an annual 
basis, a level of total allowable catch (TAC) consistent with the 
rebuilding program in the FMP. An estimate of annual discards is 
deducted from the TAC to calculate the total allowable landings (TAL) 
that can be made during the year by the commercial and recreational 
fishing sectors combined. The TAL is comprised of a commercial quota 
and a recreational harvest limit. The FMP rebuilding program requires 
the TAC for any given year to be set based either on the fishing 
mortality rate (F) resulting from the stock rebuilding schedule 
specified in the FMP, or the estimated F in the most recent fishing 
year, whichever is lower.
    The FMP further requires 17 percent of the TAL to 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 10.5 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 
10.5 million lb (4.8 million kg) as its quota. The combination of the 
projected recreational landings and the commercial quota may not exceed 
the TAL.
    In addition, the FMP allows the Council and NMFS to allocate up to 
3 percent of the TAL as a Research Set-Aside (RSA), to support fishery 
research. This RSA is deducted proportionally from the amounts 
allocated to the commercial quota and recreational harvest limit.
    The Council's recommendations must include supporting 
documentation, as

[[Page 6609]]

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 2005 TAL

    On August 17, 2004, the Council recommended specifications for the 
2005 Atlantic bluefish fishery. The Council submitted the documents 
supporting its recommendations on August 20, 2004, with a final 
revision to those documents submitted on November 12, 2004. NMFS has 
reviewed the Council's recommendations and has found they comply with 
the FMP objectives. NMFS is proposing to implement the Council's 
recommended specifications.
    For the 2005 fishing year, the stock rebuilding program in the FMP 
restricts F to 0.31, or the most recent estimate of F, whichever is 
lower. However, in June 2004, the Northeast Fisheries Science Center 
Stock Assessment Workshop (SAW-39) reviewed an updated stock assessment 
for bluefish and rejected it because it found that it was inappropriate 
for use as the basis of the management measures. SAW-39 concluded that 
input data negatively influenced the model used, and there was no 
concrete evidence that the stock was recovering. The technical review 
noted the need for a recreational catch rate abundance index, and 
better information about discard rates and mortality. SAW-39 advised 
that, because the assessment was rejected and the status of the stock 
unknown, the total allowable landings specifications should be 
maintained at current levels. The Council's Monitoring Committee and 
the Council concurred with this advice, and recommended that the 2005 
TAC should be the same as that in 2004, 34.215 million lb (15.519 
million kg). The TAL is calculated by deducting an estimate of 2005 
discards, estimated at 3.362 million lb (1.542 million kg), from the 
TAC; therefore, the TAL for 2005 would be 30.853 million lb (13.994 
million kg). Due to the updated discard estimate, the TAL proposed for 
2005 would be slightly lower than that established in 2004. As 
discussed below, the TAL is further allocated to a commercial quota, 
recreational harvest limit, and RSA.

Proposed Commercial Quota and Recreational Harvest Limit

    If the TAL for the 2005 fishery were allocated based on the 
percentages specified in the FMP, the commercial quota would be 5.245 
million lb (2.379 million kg), and the recreational harvest limit would 
be 25.608 million lb (11.615 million kg). However, recreational 
landings for the last several years have been much lower than the 
recreational allocation for 2005, ranging between 8.3 and 15.5 million 
lb (3.74 and 7.05 million kg). Because there is no indication that the 
recreational fishery will increase landings to 25.608 million lb 
(11.615 million kg) in 2005, 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 5.254 million 
lb (2.383 million kg) from the initial recreational allocation of 
25.608 million lb (11.615 million kg), resulting in 20.353 million lb 
(9.232 million kg) for a 2005 proposed recreational harvest limit and 
10.5 million lb (4.76 million kg) for a proposed commercial quota. 
These allocations were also recommended by the Atlantic States Marine 
Fisheries Commission for implementation by the states for the fisheries 
within state waters.

RSA

    A Request for proposals was published to solicit research proposals 
to utilize RSA in 2005 based on research priorities identified by the 
Council (March 9, 2004; 69 FR 10990). One research project that would 
utilize bluefish RSA has been approved by the Northeast Regional 
Administrator and forwarded to the NOAA Grants Office; therefore, a 
297,750 lb (135,057 kg) RSA is also proposed. Consistent with the 
allocation of the bluefish RSA, the proposed commercial quota for 2005 
would be reduced to 10, 398 million lb (4.716 million kg) and the 
proposed recreational harvest limit is reduced to 20,157 million lb 
(9,143 million kg).

Proposed Recreational Possession Limit

    The Council recommends, and NMFS proposes, to maintain the current 
recreational possession limit of 15 fish per person to achieve the 
recreational harvest limit.

Proposed State Commercial Allocations

    Proposed state commercial allocations for the recommended 2005 
commercial quota are shown in the table below, based on the percentages 
specified in the FMP. The table shows the allocations both before and 
after the deduction made to reflect the proposed RSA allocation.

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                                                                                                                 2005 Commercial       2005 Commercial
                                                                                                                   Quota (lb)            Quota\(kg)
                   State                         % of Quota          2005 Commercial       2005 Commercial   -------------------------------------------
                                                                       Quota (lb)            Quota (kg)        With Research Set-    With Research Set-
                                                                                                                      Aside                 Aside
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ME........................................                0.6685                70,193                31,839                69,515                31,531
NH........................................                0.4145                43,523                19,742                43,102                19,551
MA........................................                6.7167               705,254               319,898               698,448               328,358
RI........................................                6.8081               714,851               324,251               707,952               321,122
CT........................................                1.2663               132,962                60,311               131,678                59,728
NY........................................               10.3851             1,090,436               494,613             1,079,912               489,840
NJ........................................               14.8162             1,555,701               705,654             1,540,688               698,844
DE........................................                1.8782               197,211                89,453               195,308                88,590
MD........................................                3.0018               315,189               142,967               312,147               141,588
VA........................................               11.8795             1,247,348               565,788             1,235,310               560,327
NC........................................               32.0608             3,366,384             1,526,966             3,333,897             1,512,230
SC........................................                0.0352                 3,696                 1,676                 3,660                 1,650
GA........................................                0.0095                   998                   453                   988                   448
FL........................................               10.0597             1,056,269               479,116             1,046,075               474,492
Total.....................................              100.0000            10,500,000             4,762,720            10,398,671             4,731,822
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[[Page 6610]]

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 of this proposed rule, and in the IRFA. A summary of the IRFA 
follows.
    All vessels affected by this rulemaking have gross receipts less 
than $3.5 million and are considered small entities under the 
Regulatory Flexibility Act. Since there are no large entities 
participating in this fishery, there are no disproportionate effects on 
small versus large entities. Since costs are not readily available, 
vessel profitability cannot be determined directly; therefore, changes 
in gross revenues were used as a proxy for profitability.
    The participants in the commercial sector were defined using two 
sets of data. First, the reports of NMFS-permitted bluefish dealers 
were used to identify any vessel that reported having landed one or 
more pounds of bluefish during calendar year 2003 (the last year for 
which there is complete data). These dealer reports identify 853 
vessels that landed bluefish in states from Maine to North Carolina. 
However, this database does not provide information about fishery 
participation in the South Atlantic. To identify those commercial 
bluefish vessels, South Atlantic Trip Ticket reports were used to 
identify 871 vessels landed bluefish in North Carolina and 413 vessels 
that landed bluefish on Florida's east coast. Because bluefish landings 
in South Carolina and Georgia represented less than 1/10 of 1 percent 
of total landings, it was assumed that there are no commercial vessels 
from those states active in this fishery. In recent years, 
approximately 2,063 party/charter vessels caught bluefish.
    The Council analyzed three alternatives for allocating the TAL 
between the commercial and recreational sectors of the fishery. 
Consistent with SAW-39 advice to maintain harvest rates of the level of 
the 2004 fishing year, all of the alternatives were based on an overall 
TAL of 30.853 million lb (13.994 million kg) and included an allocation 
for RSA of 297,750 lb (135,057 kg). The alternatives differed only in 
the manner in which the TAL was allocated between the commercial and 
recreational sectors. The recommended alternative would allocate 10.398 
million lb (4.716 million kg) to the commercial sector and 20.157 
million lb (9.14 million kg) to the recreational sector. Alternative 2 
would have allocated 5.245 million lb (2.379 million kg) to the 
commercial sector and 25.608 million lb (11.615 million kg) to the 
recreational sector, reflecting the allocations derived from the 17-
percent and 83-percent initial FMP allocation to the commercial and 
recreational sectors respectively. Alternative 3 would have allocated 
9.583 million lb (4.346 million kg) to the commercial sector and 21.270 
million lb (9.554 million kg) to the recreational sector, reflecting 
the commercial allocation made for 1995-2001.
    For the recreational sector of the fishery, there were no negative 
revenue impacts projected to occur with any of the alternatives because 
the recreational harvest limits would be well above the level of 
recreational landings in recent years. The lowest recreational harvest 
limit considered is the recommended level of 20.157 million lb (9.14 
kg), and it exceeds the recreational landings in 2003 by 44 percent. 
Given recent trends in bluefish recreational landings, the analysis 
concludes that the landings in 2005 are expected to be substantially 
lower than the proposed recreational harvest limit.
    For the commercial sector, the recommended coastwide quota is 
approximately 44 percent higher than 2003 commercial landings. Impacts 
on individual commercial vessels were assessed by conducting a 
threshold analysis using the dealer reports for the 853 vessels that 
landed bluefish from Maine through North Carolina. The analysis 
projected that there would be no revenue change for 548 of the 853 
vessels, while 255 vessels could incur slight revenue losses of less 
than 5 percent. Another 50 vessels could incur revenue losses of 
between 5 percent and 39 percent, with the majority of these vessels 
identifying home ports in New York. Decreases in New York revenue are 
associated with the 2005 commercial quota allocated to New York being 
lower than 2003 landings from that state. The analysis also noted that 
the provision that allows commercial quota to be transferred from one 
state to another is likely to result in transfers of quota to New York 
from other states, thus eliminating the negative revenue impacts. While 
not assured, such transfers have been made annually in recent years, 
including 2003 and 2004.
    The impacts of the recommended alternative on commercial vessels in 
the South Atlantic were assessed using trip ticket data. The analysis 
concludes that these impacts would be minimal, with an average revenue 
loss for vessels that landed in North Carolina of less than 1 percent, 
and no projected revenue losses for vessels that landed in Florida.
    The analysis of Alternative 2 concluded that, for the commercial 
sector, there would be a 28-percent decrease in total potential 
commercial landings in 2005 compared to 2003 landings. The analysis of 
impacts on individual commercial vessels projected that there would be 
no revenue change for 300 of the 853 vessels that landed bluefish in 
2003, while 460 could incur slight revenue losses (less than 5 
percent). Another 67 could incur revenue losses between 5 percent and 
39 percent, while 26 could incur revenue losses of greater than 39 
percent. Nearly all of the vessels projected to incur revenue losses of 
greater than 5 percent had home ports in New York, New Jersey, or North 
Carolina. Again, the commercial quota transfer provision could be 
expected to moderate some or all of these impacts.
    The impacts on commercial vessels in the South Atlantic were 
assessed using trip ticket data. The analysis concludes that these 
impacts would result in revenue reductions of approximately 6.5 percent 
for vessels that landed in North Carolina, and no projected revenue 
losses for vessels that landed in Florida.
    The analysis of Alternative 3 concluded that, for the commercial 
sector, there would be a 31-percent decrease in total potential 
commercial landings in 2005 compared to 2003. The analysis of impacts 
on individual commercial vessels projected that there would be no 
revenue change for 548 of the 853 vessels that landed bluefish in 2003, 
while 244 could incur slight revenue losses (less than 5 percent). 
Another 61 could incur revenue losses between 5 percent and 39 percent. 
The vessels projected to incur revenue losses greater of than 5 percent 
had home ports in New York and North Carolina. Again, the commercial 
quota transfer provision could be expected to moderate some or all of 
these impacts.
    The impacts on commercial vessels in the South Atlantic were 
assessed using trip ticket data. The analysis concludes that these 
impacts would result in revenue reductions of approximately 1.5 percent 
for vessels landing in North Carolina and that there would be no 
revenue reductions for vessels landing in Florida.
    The Council also analyzed the impacts on revenues of the proposed 
RSA amount and found that the social and economic impacts are minimal. 
Assuming that the full RSA of 297,750 lb (135,057 kg) is landed and 
sold to

[[Page 6611]]

support the proposed research project (a supplemental finfish survey in 
the Mid-Atlantic) then all of the participants in the fishery would 
benefit from the anticipated improvements in the data underlying the 
stock assessments. Because the recommended overall commercial quota and 
recreational harvest limit are both higher than 2003 landings, no 
overall negative impacts are expected.

    Dated: February 2, 2005.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 05-2442 Filed 2-7-05; 8:45 am]
BILLING CODE 3510-22-S