[Federal Register Volume 71, Number 37 (Friday, February 24, 2006)]
[Rules and Regulations]
[Pages 9471-9475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1691]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 051128313-6029-02; I.D. 111705C]
RIN 0648-AT20


Fisheries of the Northeastern United States; Atlantic Bluefish 
Fisheries; 2006 Atlantic Bluefish Specifications; Quota Adjustment; 
2006 Research Set-Aside Project

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

ACTION: Final rule; final specifications for the 2006 Atlantic bluefish 
fishery.

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SUMMARY: NMFS issues 2006 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 these 
specifications is to establish the allowable 2006 harvest levels and 
possession limits to attain the target fishing mortality rate (F), 
consistent with the stock rebuilding program in Amendment 1 to the 
Atlantic Bluefish Fishery Management Plan (FMP). This action will 
publish final specifications that are modified from those contained in 
the proposed rule.

DATES: This rule is effective March 27, 2006, through December 31, 
2006.

ADDRESSES: Copies of the specifications document, including the 
Environmental Assessment (EA) and the Initial Regulatory Flexibility 
Analysis (IRFA) are available from Daniel Furlong, Executive Director, 
Mid-Atlantic Fishery Management Council, Room 2115, Federal Building, 
300 South Street, Dover, DE 19901 6790. The specifications document is 
also accessible via the Internet at http://www.nero.nmfs.gov.
    The Final Regulatory Flexibility Analysis (FRFA) consists of the 
IRFA, public comments and responses contained in this final rule, and a 
summary of impacts and alternatives contained in this final rule.
    The small entity compliance guide is available from Patricia A. 
Kurkul, Regional Administrator, Northeast Regional Office, National 
Marine Fisheries Service, One Blackburn Drive, Gloucester, MA 01930 
2298.
    The Northeast Fisheries Science Center 41st Stock Assessment Review 
Committee (SARC) Panelist Reports are available at: http://www.nefsc.noaa.gov/nefsc/saw/saw41/.

FOR FURTHER INFORMATION CONTACT: Bonnie Van Pelt, Fishery Policy 
Analyst, (978) 281-9244.

SUPPLEMENTARY INFORMATION:

Background

    The regulations implementing the Atlantic Bluefish Fishery 
Management Plan (FMP) appear at 50 CFR part 648, subparts A and J. 
Regulations requiring annual specifications are found at 50 CFR 
648.160. The management unit for bluefish (Pomatomus saltatrix) is U.S. 
waters of the western Atlantic Ocean.
    The FMP requires that the Mid-Atlantic Fishery Management Council 
(Council) recommend, on an annual basis, total allowable landings (TAL) 
for the fishery, consisting of a commercial quota and recreational 
harvest limit.
    The annual review process for bluefish requires that the Council's 
Bluefish Monitoring Committee (Monitoring Committee) review and make 
recommendations based on the best available data including, but not 
limited to, commercial and recreational catch/landing statistics, 
current estimates of fishing mortality, stock abundance, discards for 
the recreational fishery, and juvenile recruitment. Based on the 
recommendations of the Monitoring Committee, the Council makes a 
recommendation to NMFS. This FMP is a joint plan with the Atlantic 
States Marine Fisheries Commission (Commission); therefore, the 
Commission meets during the annual specification process to adopt 
complementary measures.
    The Council's recommendations must include supporting documentation 
concerning the environmental, economic, and social impacts of the 
recommendations. NMFS is responsible for reviewing these 
recommendations to ensure 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 
publishes final specifications in the Federal Register.
    In July 2005, the Monitoring Committee accepted the most recent 
bluefish stock assessment as the basis for its specification 
recommendations to the Council. In August 2005, the Council approved 
the Monitoring Committee's recommendations and the Commission's 
Bluefish Board (Board) adopted complementary management measures.

[[Page 9472]]

Final Specifications

Stock Assessment

    The SARC rejected the previous bluefish assessment in 2004, because 
of the instability of estimates derived from a catch/effort stock 
assessment model. A new model, called the age-structured assessment 
program (ASAP) model was used to assess the bluefish stock in 2005 and 
was reviewed by the SARC during the 41st Stock Assessment Workshop 
(SAW-41) in June 2005. The ASAP model is based on new methods for 
calculating biological reference points and biomass estimates (i.e., 
thresholds and targets for defining whether bluefish is overfished or 
whether overfishing is occurring). Although there were opposing 
viewpoints regarding the use of the ASAP model among the participating 
SAW-41 panel members, two of the three panelists felt that the 
assessment was adequate for management purposes. The panelists also 
recognized the need for a recreational catch rate abundance index, 
better information on discard rates and mortality, and an improved 
modeling approach (see ADDRESSES for link to panelist reports).
    According to Amendment 1 to the FMP (Amendment 1), overfishing for 
bluefish occurs when the target fishing mortality rate (F) exceeds the 
fishing mortality rate that allows maximum sustainable yield 
(FMSY), or the maximum F threshold. The stock is considered 
overfished if the biomass (B) falls below the minimum biomass 
threshold, which is defined as 1/2 BMSY. The Amendment also 
established that the long term target F (F0.1) is 90 percent 
of FMSY, and the long term target B is BMSY.
    The SAW-41 model results generated new biological reference points: 
(1) Maximum fishing mortality threshold or FMSY = 0.19; (2) 
F0.1 = 0.18, the long term fishing mortality target; (3) 
minimum biomass threshold, or 1/2 BMSY = 73.5 million lb 
(33,351 mt); and (4) BMSY = 147 million lb (66,678 mt), the 
long term biomass target. Based on the new biological reference points, 
and the 2004 estimate of bluefish stock biomass (104 million lb (47,235 
mt)), the bluefish stock is not considered overfished. Estimates of 
fishing mortality have declined from 0.41 in 1991 to 0.15 in 2004. 
Therefore, the new model results also conclude that the Atlantic stock 
of bluefish is not experiencing overfishing, i.e., the model estimated 
the maximum fishing mortality threshold, FMSY = 0.19, and 
F2004 = 0.15, therefore F2004 is less than 
FMSY.

2006 TAL

    The FMP specifies that the bluefish stock is to be rebuilt to 
BMSY over a 9-year period. The FMP requires the Council to 
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 TAL that can 
be taken during the year by the commercial and recreational fishing 
sectors combined. The TAL is composed 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 target F resulting 
from the stock rebuilding schedule specified in the FMP (0.31 for 
2006), or the F estimated in the most recent fishing year (F2004 
= 0.15), whichever is lower. Therefore, the 2006 recommendation is 
based on an estimated F of 0.15. Furthermore, the best information 
available indicates that the TAC of 29.15 million lb (13,222 mt) could 
achieve the target F (F = 0.15) in 2006, based on biomass estimates and 
associated yields that were projected using the ASAP model from SAW-41 
in 2005.
    The TAL for 2006 is derived by subtracting an estimate of discards 
of 4.35 million lb (1,973 mt), the average discard level from 2000-
2004, from the TAC. After subtracting estimated discards, the 2006 TAL 
is approximately 24 percent less than the 2005 TAL, or 24.80 million lb 
(11,249 mt). Based strictly on the percentages specified in the FMP (17 
percent commercial, 83 percent recreational), the commercial quota for 
2006 would be 4,215,802 lb (1,912 mt), and the recreational harvest 
limit would be 20,583,033 lb (9,336 mt) in 2006. In addition, up to 3 
percent of the TAL may be allocated as RSA quota. The discussion below 
describes how the TAL is allocated to the commercial and recreational 
sectors, and then adjusted downward proportionally to account for any 
approved bluefish RSA.

Council Recommendation: Commercial Quota and Recreational Harvest Limit

    The FMP stipulates that in any year in which 17 percent of the TAL 
is less than 10.50 million lb (4,763 mt), the commercial quota may be 
increased up to 10.50 million lb (4,763 mt) as long as the recreational 
fishery is not projected to land more than 83 percent of the TAL in the 
upcoming fishing year, and the combined projected recreational landings 
and commercial quota would not exceed the TAL. Given recreational 
harvest trends in recent years--an average of 12.70 million lb (5,761 
mt) over the last 5 years--the Council and the Board recommended that 
the recreational harvest limit for 2006 approximate actual 2004 
recreational landings (15.15 million lb (6,872 mt)). Therefore, the 
Council recommended that 5,367,197 lb (2,435 mt) be transferred from 
the initial recreational allocation of 20,583,033 lb (9,336 mt) 
resulting in a 2006 recreational harvest limit of 15,215,836 lb (6,902 
mt) and a commercial quota of 9,582,999 lb (4,347 mt).

RSA

    A request for proposals was published to solicit research proposals 
to utilize RSA in 2006 based on research priorities identified by the 
Council (April 18, 2005; 70 FR 20104). One research project that would 
utilize bluefish RSA has been approved by the Northeast Regional 
Administrator (RA) and forwarded to the NOAA Grants Office. The FMP 
allows the Council and NMFS to allocate up to 3 percent of the TAL as 
RSA, to support fishery research. Therefore, a 363,677-lb (164,961-kg) 
RSA quota is specified for 2006; 1.5 percent of the total allowed under 
the FMP. The commercial and recreational allocation are reduced in an 
amount proportional to the overall TAL to account for the RSA (See 
Final 2006 Commercial Quota and Recreational Harvest Limit section 
below for adjusted commercial quota and recreational harvest limit).

Recreational Possession Limit

    A recreational possession limit of up to 15 fish per person will be 
maintained in 2006 to achieve the recreational harvest limit.

Final 2006 Commercial Quota and Recreational Harvest Limit

    Although the Council recommendation, described above, was based on 
the best information available at the time, new landing projections for 
the 2006 fishing year that were not available at the time of the 
Council's recommendation or at the time of publication of the proposed 
rule, reveal that the initial transfer amount would allow recreational 
harvest limits to be exceeded. The revised transfer amount accounts for 
projected recreational landings of 16,472,573 lb (7,472 mt), based on 
updated recreational landings data provided by the Marine Recreational 
Fisheries Statistics Survey (MRFSS) Program. This final rule will 
reduce the amount of the transfer from the recreational to the 
commercial sector by 1.50 million lb (680,389 kg), from 5,367,197 lb 
(2,435 mt) to 3,865,294 lb (1,753 mt), commensurate

[[Page 9473]]

with increased recreational landings trends. Therefore, the initial 
recreational allocation of 20,583,034 lb (9,336 mt) will be reduced by 
3,865,294 lb (1,753 mt) resulting in a post-transfer commercial quota 
of 8,081,096 lb (3,666 mt) and a recreational harvest limit of 
16,717,740 lb (7,583 mt). After adjusting for the RSA quota, the 
resulting 2006 specifications will include a commercial quota of 
7,962,586 lb (3,612 mt) and a recreational harvest limit of 16,472,573 
lb (7,472 mt). The RSA quota will remain unchanged at 363,677 lb 
(164,961 kg).

Final State Commercial Allocations

    The 2006 commercial quota is allocated by state as shown in Table 1 
below, according to the percentages specified in the FMP. Table 1 shows 
the allocations both before and after the deductions made to reflect 
the RSA quota allocation.
[GRAPHIC] [TIFF OMITTED] TR24FE06.027

Comments and Responses

    The following comment was received concerning the December 19, 2005 
(70 FR 75111), proposed rule.
    Comment: The commenter expressed general support for environmental 
reforms and conservation of bluefish for future generations. The 
commenter indicated that the recreational harvest possession limit 
should be reduced to one fish per person. The commenter also indicated 
that commercial fishery landings information was unreliable and biased 
and that the catch statistics result in correspondingly high quota 
allocations to the commercial sector. The commenter suggested that the 
TAC be reduced by 50 percent initially, and by 10 percent in each 
subsequent year.
    Response: This final rule is designed to provide for the fair and 
efficient use of the Federal bluefish quotas. While NMFS acknowledges 
the importance of the issues raised by the commenter, those of a 
general nature are outside the scope of this rulemaking. The commenter 
gave no specific rationale for why the quotas ought to be reduced in 
the manner suggested or for why the recreational possession limit 
should be reduced to one fish per person. There is no known scientific 
basis for either of the commenter's suggestions. The reasons presented 
by the Council and NMFS for recommending the final specifications are 
discussed in the preambles to both the proposed and final rules, and 
sufficient analysis is contained within the supporting documents. This 
final rule implements measures to reduce bluefish fishing mortality to 
levels less than those prescribed under the FMP in year 8 of the stock 
rebuilding plan. The Council is required to recommend annual fishing 
measures, such as recreational possession limits, to ensure that the 
recommended quotas will not be exceeded. The Commission and the Council 
agreed that a possession limit of 15 fish per angler is appropriate to 
limit bluefish mortality to sustainable levels and further rebuild the 
bluefish stock. Furthermore, this final rule implements an alternative 
that will transfer less quota than originally recommended from the 
recreational sector to the commercial sector to ensure that 2006 
recreational harvest limits not be exceeded.

Changes from the Proposed Rule

    While there is no regulatory text, the preamble to this final rule 
describes a revision in the amount of the transfer (less quota than was 
originally recommended) from the recreational to the commercial sector 
based on recent recreational landings data. The resulting statewide 
allocations are contained in Table 1.

Classification

    This action is authorized by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    Included in this final rule is the Final Regulatory Flexibility 
Analysis (FRFA) prepared pursuant to section 604(a) of the Regulatory 
Flexibility Act (RFA). The FRFA describes the economic

[[Page 9474]]

impact that this final rule will have on small entities and 
incorporates a portion of the IRFA, which is summarized in the proposed 
rule, the comments and responses on the proposed rule (70 FR 75111, 
December 19, 2005), and the analyses completed in support of this 
action. A copy of the EA and IRFA are available from the Council (see 
ADDRESSES). This final rule implements a new alternative and does not 
repeat the analysis of the alternatives included in the IRFA. The 
proposed rule contains a summary of the economic analysis that the 
Council completed on the original alternatives. This final rule 
contains a comparative analysis of the impacts of the new alternative 
relative to the 2005 commercial quota and recreational harvest, 2005 
preliminary landings, and the Council's preferred alterative.

FRFA

Statement of Objective and Need

    A description of the reasons why this action is being considered, 
and the objectives of, and legal basis for, the final rule is found in 
the preamble to this final rule.

Summary of Significant Issues Raised in Public Comments

    One comment was submitted on the proposed rule, but was not 
specific to
    the IRFA or the economic effects of the rule. NMFS has responded to 
the comment in the Comments and Responses section of the preamble to 
this final rule. No changes were made to the final rule as a result of 
the comment that was received.

Description and Estimate of Number of Small Entities to Which the Rule 
Will Apply

    An active participant in the commercial bluefish fishery sector is 
defined as any vessel that reported having landed one or more pounds of 
bluefish to a Federal dealer during calendar year 2004. Vessels that 
fish for bluefish commercially must sell their catch to Federal 
dealers. All vessels affected by this rulemaking have gross receipts 
less than $3.5 million and are considered to be small entities under 
the RFA (up to $3.5 million or $5.0 million in gross annual receipts 
for commercial and recreational activity, respectively). Since there 
are no large entities participating in this fishery, there are no 
disproportionate effects resulting from small versus large entities. In 
the absence of quantitative data, qualitative analyses were conducted.
    Of the active, federally permitted vessels in 2004, 748 landed 
bluefish from Maine to North Carolina. Northeast dealer data do not 
fully cover vessel activity from South Carolina to Florida. South 
Atlantic Trip Ticket Report data were used to identify 819 vessels that 
landed bluefish in North Carolina and 591 vessels that may have landed 
bluefish on Florida's east coast. Some of these vessels were identified 
in the Northeast dealer data, therefore double counting is possible. 
The bluefish landings in South Carolina and Georgia represented less 
than 1/10 of 1 percent of total landings, a negligible proportion of 
the total bluefish landings along the Atlantic coast in 2004. 
Therefore, it is assumed that no vessels landed bluefish from South 
Carolina and Georgia.
    In addition, in recent years, approximately 2,063 party/charter 
vessels may have been active and/or 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 recreational possession limits will 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.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    No additional reporting, recordkeeping, or other compliance 
requirements are included in this final rule.

Description of the Steps Taken To Minimize Economic Impact on Small 
Entities

    Specification of commercial quota, recreational harvest levels, and 
possession limits is constrained by the conservation objectives of the 
FMP, under the authority of the Magnuson-
    Stevens Fishery Conservation and Management Act (Magnuson-Stevens 
Act). The decreased commercial quota may affect individual states, by 
increasing the probability that they will need to invoke the transfer 
provision to avoid a quota overage. Individual state quotas will be 
approximately 15 percent less than they would have been under the 
Council's preferred alternative (see Table 2). However, states that 
utilize the allowable transfer provisions and receive the quota they 
require to meet market demands before an overage occurs may mitigate 
any economic impacts associated with potential foregone revenues. We 
considered a TAL that would have allowed a higher allocation of quota 
to the commercial sector than the preferred alternative, but this 
alternative would have been inconsistent with the goals and objectives 
of the FMP and the Magnuson-Stevens Act, and the mandates of Natural 
Resources Defense Council v. Daley (341 U.S. App. D.C. 119, 209 F.3d 
747, 754 (D.C. Cir. 2000)) i.e., the TAL must have at least a fifty 
percent probability of achieving its targets. The new alternative, 
which will transfer less quota from the recreational to the commercial 
sector than was offered in the proposed rule (see Table 2), is being 
implemented consistent with recent recreational landing trends and 
should ensure that 2006 recreational harvest limits are not exceeded. 
In addition, the 2006 coastwide commercial quota is higher than 
commercial landings in recent years; therefore, no negative economic 
impacts are expected relative to the status quo and the Council's 
preferred alternative. In conclusion, there are no other alternatives 
that would further mitigate economic impacts to vessels engaged in the 
fishery more than the chosen alternative.
    The difference between the new alternative and alternatives 
previously analyzed, relates only to the manner in which the overall 
TAL is allocated between the commercial and recreational components of 
the bluefish fishery (Table 2). The commercial quota specified by the 
new alternative represents a 23 percent decrease from the 2005 
commercial quota, while the 2006 recreational harvest limit under this 
alternative would be approximately 18 percent lower than the 
recreational harvest limit specified in 2005. The commercial quota that 
is being allocated through the new alternative (after adjusting for the 
RSA) remains higher than recent landings; e.g., the 2006 coast wide 
quota is approximately 36 percent higher than preliminary 2005 
commercial landings and 5 percent higher than actual 2004 landings. The 
recreational harvest limit would be 30 percent higher, or 3.8 million 
pounds (1,724 mt) above the average recreational landings for the last 
5 years (12.698 million lb (5,760 mt)), and 9 percent higher than 
actual 2004 recreational landings (15.146 million lb (5,653 mt)).

[[Page 9475]]

[GRAPHIC] [TIFF OMITTED] TR24FE06.028

    The impacts on revenues of the proposed RSA were analyzed. 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 $101,830 dockside, based on an average 
2004 ex-vessel price of $0.28 per pound for bluefish. Assuming an equal 
reduction among all 748 active dealer reported vessels, this could mean 
a reduction of about $136 per individual vessel. Changes in the 
recreational harvest limit would be insignificant (less than a 2 
percent decrease), if 1.5 percent of the TAL is used for research.
    It is unlikely that there would be negative economic impacts as a 
result of the RSA quota. The RSAs are expected to yield important long-
term benefits associated with improved data upon which to base 
management decisions. A full analysis is available from the Council 
(see ADDRESSES).

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

    Dated: February 16, 2006.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 06-1691 Filed 2-23-06; 8:45 am]
BILLING CODE 3510-22-S