[Federal Register Volume 80, Number 80 (Monday, April 27, 2015)]
[Proposed Rules]
[Pages 23249-23252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09684]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 150126074-5074-01]
RIN 0648-XD742


Fisheries of the Northeastern United States; Atlantic Bluefish 
Fishery; 2015 Atlantic Bluefish Specifications

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

ACTION: Proposed specifications; request for comments.

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SUMMARY: NMFS proposes specifications for the 2015 Atlantic bluefish 
fishery, including catch restrictions for commercial and recreational 
fisheries. This action is necessary to establish effective catch 
constraints for the fishing year consistent with regulatory and 
statutory requirements. The intent of this action is to establish the 
allowable 2015 harvest levels and other management measures to achieve 
the target fishing mortality rate, consistent with the Atlantic 
Bluefish Fishery Management Plan.

DATES: Comments must be received on or before May 12, 2015.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2015-0048, 
by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0048, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to John Bullard, Regional 
Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55 
Great Republic Drive, Gloucester, MA 01930.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publically accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Copies of the specifications document, including the Environmental 
Assessment and Initial Regulatory Flexibility Analysis (EA/IRFA) and 
other supporting documents for the specifications, are available from 
Dr. Christopher M. Moore, Executive Director, Mid-Atlantic Fishery 
Management Council, Suite 201, 800 N. State Street, Dover, DE 19901. 
The specifications document is also accessible via the Internet at: 
http://www.greateratlantic.fisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Reid Lichwell, Fishery Management 
Specialist, (978) 281-9112.

SUPPLEMENTARY INFORMATION:

Background

    The Atlantic bluefish fishery is jointly managed by the Mid-
Atlantic Fishery Management Council (Council) and the Atlantic States 
Marine Fisheries Commission (Commission). The management unit for 
bluefish specified in the Atlantic Bluefish Fishery Management Plan 
(FMP) is U.S. waters of the western Atlantic Ocean. Regulations 
implementing the FMP appear at 50 CFR part 648, subparts A and J. The 
regulations requiring annual specifications are found at Sec.  648.162.
    The annual specifications process requires that the Council's 
Bluefish Monitoring Committee and its Scientific and Statistical 
Committee (SSC) review the best available scientific information and 
make specification recommendations to the Council. These groups have 
reviewed the 2014 updated bluefish stock assessment, which is 
summarized in the Environmental Assessment and supporting documents. 
Based on the recommendations of the Monitoring Committee and SSC, the 
Council makes its specification recommendations to the NMFS Greater 
Atlantic Regional Administrator. Because this FMP is a joint plan, the 
Commission also 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 that they achieve the FMP objectives and are 
consistent with applicable law. NMFS then conducts rulemaking through 
the Federal Register to propose measures, solicit public comment and 
publish final measures.

[[Page 23250]]

Proposed Specifications

Updated Model Estimates

    Overfishing for bluefish is defined as fishing mortality that 
exceeds the fishing mortality rate that allows maximum sustainable 
yield (FMSY), or when the maximum F threshold is exceeded. 
The stock is considered overfished if the biomass (B) falls below the 
minimum biomass threshold, defined as \1/2\ BMSY. Amendment 
1 to the FMP established that the long-term target F is 90 percent of 
FMSY (FMSY = 0.19; therefore Ftarget = 
90 percent of FMSY, or 0.17), and the long-term target 
biomass is BMSY = 324 million lb (147,052 mt).
    The stock assessment model was updated in July 2014 in order to 
estimate the current status of the bluefish stock (i.e., 2013 biomass 
and F estimates). This update was used by the Monitoring Committee and 
the SSC to recommend 2015 specifications. The results of the assessment 
update were as follows: (1) An estimated stock biomass for 2013, 
B2013 = 273 million lb (123,716 mt); and (2) an estimated 
fishing mortality rate for 2013, F2013 = 0.118. Based on the 
updated 2013 estimate of bluefish stock biomass, the bluefish stock is 
not considered overfished: B2013 is less than 
BMSY, but well above the minimum biomass threshold of 162 
million lb (73,526 mt). The updated model results also conclude that 
the Atlantic bluefish stock is not experiencing overfishing; i.e., the 
most recent F (F2013 = 0.118) is less than the maximum F 
overfishing threshold (FMSY = 0.19). Bluefish was declared 
rebuilt in 2009.

Proposed 2015 Catch Limits

    Based upon the results of the assessment update and the Council's 
risk policy, the SSC recommended an acceptable biological catch (ABC) 
of 21.544 million lb (9,772 mt) for 2015. The Council recommended no 
deductions to account for management uncertainty; therefore, 
ABC=ACL=ACT. The ACT is initially allocated between the recreational 
fishery (83 percent) and the commercial fishery (17 percent). After 
deducting an estimate of recreational discards (commercial discards are 
considered negligible), the recreational harvest limit (RHL) would be 
13.073 million lb (5,930 mt) and the commercial quota would be 5.119 
million lb (2,322 mt).
    The FMP specifies that if 17 percent of the TAL is less than 10.500 
million lb (4,763 mt), and the recreational fishery is not projected to 
land its harvest limit for the upcoming year, the commercial fishery 
may be allocated up to 10.500 million lb (4,763 mt) as its quota, 
provided that the combination of the projected recreational landings 
and the commercial quota does not exceed the TAL. Under such a 
scenario, the RHL would then be adjusted so that the TAL remains 
unchanged.
    The Council projected an estimated 2015 annual recreational harvest 
of 13.073 million lb (5,930 mt). As such, it is expected that a 
transfer of up to 1.460 million lb (662 mt) from the recreational 
sector to the commercial sector could be approved. This option 
represents the preferred alternative recommended by the Council. We 
intend to evaluate final Marine Recreational Information Program data 
regarding the 2014 recreational harvest as they become available. The 
2015 transfer amount may be changed for the final rule depending on our 
analysis of the final 2014 recreational landings data. If such a change 
occurs, we will provide additional data and explanation in the final 
rule.
    The Council is not recommending allocating research set-aside quota 
for 2015; therefore, no additional adjustments to commercial or 
recreational allocations are needed. The final proposed commercial 
quota for 2015 is 5.119 million lb (2,322 mt), which would be a 31-
percent decrease from 2014 (7.458 million lb, 3,383 mt), and the 
proposed RHL is 13.073 million lb (5,930 mt), which would be a 3-
percent decrease from the 2014 RHL (13.52 million lb, 6,133 mt).

Proposed Recreational Possession Limit

    NMFS proposes not to change the current recreational possession 
limit, consistent with the recommendation by the Council. This would 
maintain a daily recreational possession limit of up to 15 fish per 
person for 2015.

Proposed State Commercial Allocations

    The proposed state commercial allocations for the recommended 2015 
commercial quota are shown in Table 1, based on the percentages 
specified in the FMP. There were no states that exceeded their quota in 
2014; therefore, no accountability measures are expected to be 
implemented for the 2015 fishing year.

                    Table 1--Proposed Bluefish Commercial State-by-State Allocations for 2015
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                                                                                 2015 Proposed    2015 Proposed
                            State                               Percent share      commercial       commercial
                                                                                   quota (lb)       quota (kg)
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ME...........................................................           0.6685           34,221           15,522
NH...........................................................           0.4145           21,218            9,624
MA...........................................................           6.7167          343,828          155,958
RI...........................................................           6.8081          348,507          158,080
CT...........................................................           1.2663           64,822           29,402
NY...........................................................          10.3851          531,613          241,136
NJ...........................................................          14.8162          758,441          344,023
DE...........................................................           1.8782           96,145           43,611
MD...........................................................           3.0018          153,662           69,700
VA...........................................................          11.8795          608,112          275,835
NC...........................................................          32.0608        1,641,192          744,432
SC...........................................................           0.0352            1,802              817
GA...........................................................           0.0095              486              220
FL...........................................................          10.0597          514,956          233,580
                                                              --------------------------------------------------
    Total....................................................         100.0001        5,119,134        2,322,000
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[[Page 23251]]

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act, the NMFS Assistant Administrator has 
determined that this proposed rule is consistent with the Atlantic 
Bluefish FMP, other provisions of the Magnuson-Stevens Act, and other 
applicable law, subject to further consideration after public comment.
    These proposed specifications are exempt from review under 
Executive Order 12866.
    An IRFA was prepared, as required by section 603 of the Regulatory 
Flexibility Act (RFA), which describes the economic impact this 
proposed rule, if adopted, would have on small entities. The IRFA is 
summarized here.

Description of the Reasons Why Action by the Agency Is Being Considered

    A description of the action and why it is being considered are 
contained at the beginning of this preamble and in the SUMMARY.

Statement of the Objective of, and Legal Basis for, This Proposed Rule

    The statement of the objective and the legal basis for this action 
are contained at the beginning of this preamble and in the SUMMARY.

Description and Estimate of the Number of Small Entities to Which This 
Proposed Rule Would Apply

    The Small Business Administration (SBA) defines a small business in 
the commercial harvesting sector as a firm with receipts (gross 
revenues) of up to $5.5 million for shellfish and $20.5 million for 
finfish businesses. A small business in the recreational fishery is a 
firm with receipts of up to $7.5 million.
    According to the 2011-2013 Northeast affiliate ownership database, 
1,009 fishing businesses or affiliated firms (vessels grouped together 
by a common owner) landed bluefish during the 2011-2013 period, with 
1,001 of those businesses categorized as small business and 8 
categorized as large business. However, the affiliate database used to 
identify small/large business firms that have recently participated in 
the bluefish fishery does not contain detailed ownership data for 
business entities in the South Atlantic Region. As such, the South 
Atlantic Trip Ticket reports were used to identify vessels 
participating in the bluefish fishery within the region. The South 
Atlantic Trip Ticket reports identified 790 vessels that landed 
bluefish in North Carolina and 1,338 vessels that landed bluefish on 
Florida's east coast in 2013.\1\ Bluefish landings in South Carolina 
and Georgia were near zero in 2013, representing a negligible 
proportion of the total bluefish landings along the Atlantic Coast. 
Therefore, this analysis assumed that no vessel activity for these two 
states took place in 2013. In recent years, approximately 2,000 party/
charter vessels have been active in the bluefish fishery and/or have 
caught bluefish.
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    \1\ Some of these vessels were also identified in the Northeast 
dealer data; therefore, double counting is possible.
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Description of the Projected Reporting, Record-Keeping, and Other 
Compliance Requirements of This Proposed Rule

    There is no new reporting or recordkeeping requirements contained 
in any of the alternatives considered for this action.

Federal Rule Which May Duplicate, Overlap, or Conflict With This 
Proposed Rule

    NMFS is not aware of any relevant Federal rules that may duplicate, 
overlap, or conflict with this proposed rule.

Description of Significant Alternatives to the Proposed Action Which 
Accomplish the Stated Objectives of Applicable Statues and Which 
Minimize Any Significant Economic Impact on Small Entities

    The small entities that could be affected by this action include 
any business entity holding an active Federal permit for Atlantic 
bluefish, as well as owners of vessels that fish for Atlantic bluefish 
in state waters. There were 1,009 Northeast fishing businesses that 
landed bluefish from 2011-2013, 1,001 are considered small business 
entities; there would be no disproportionate impacts between large and 
small entities as a result of the proposed rule. There are 765 vessels 
in North Carolina that landed bluefish quota from 2011-2013; on average 
those vessels generated 10.8% of their ex-vessel revenue from bluefish 
landings. There are 1,227 vessels in on the east coast of Florida that 
landed bluefish quota from 2011-2013; on average those vessels 
generated 0.83% of their ex-vessel revenue from bluefish landings.
    The IRFA in the Draft EA for this action addressed two alternatives 
(including a no action/status quo alternative) for the 2015 Atlantic 
bluefish fishing year. Both quota alternatives considered in this 
analysis are based on various commercial harvest levels for bluefish. 
For analysis of impacts of the No Action Alternative, the current 
commercial quota of 7.458 million lb (3,383 mt) and RHL of 13.523 
million lb (6,134 mt) for 2014 would be maintained. For analysis of 
impacts of the Preferred Action Alternative, the transfer of 1.457 
million lb (661 mt) from the recreational sector to the commercial 
sector was used. The calculated TAL, commercial quota and the RHL for 
the Preferred Alternative (Council's preferred) and the No Action 
Alternative are shown in Table 2.

                         Table 2--Proposed 2015 Atlantic Bluefish Specification Alternatives for TAL, Commercial Quota, and RHL
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                                                                        TAL                      Commercial quota                       RHL
               Year                     Alternatives     -----------------------------------------------------------------------------------------------
                                                            million lb          mt          million lb          mt          million lb          mt
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2015..............................  Preferred Action....          18.192           8,252           5.119           2,322          13.073           5,930
2015..............................  No Action...........          21.081           9,888           7.458           3,383          13.523           6,134
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Commercial Fishery Impacts

    To assess the impact of the alternatives on commercial fisheries, 
the Council conducted a threshold analysis and analysis of potential 
changes in ex-vessel gross revenue that would result from each 
alternative, using Northeast dealer reports and South Atlantic Trip 
Ticket reports.
    Under the No Action Alternative, the 2015 specifications would have 
no aggregate change in allowable

[[Page 23252]]

commercial landings or RHL relative to the 2014 limits. As such, it is 
expected that no change in revenues or fishing opportunities would 
occur. The No Action Alternative would likely result in quota 
constraints for vessels in New York and Massachusetts; however, these 
quota constraints would not have an economic impact due to the ability 
to transfer quota from state to state.
    Under the Preferred Alternative, 57 business entities were 
projected to incur revenue losses of 5 percent or more, 944 entities 
were projected to incur losses of less than 5 percent in 2015. Under 
Alternative 2 (non-preferred), 87 business entities were projected to 
incur revenue losses of 5 percent or more, 914 entities were projected 
to incur losses of less than 5 percent in 2015. For both alternatives, 
the majority of vessels with greater than 5 percent of revenue losses 
had total gross sales of $10,000 or less (average for all possible 
species combined not just bluefish in 2011-2013), which may indicate 
that the dependence on fishing for some of these vessels is small.
    The South Atlantic Trip Ticket Report data indicated that 765 
vessels landed commercial bluefish quota in North Carolina from 2011-
2013. On average, these vessels generated 10.8% of their total ex-
vessel revenue from bluefish landings. The commercial landings are 
projected to decrease as a consequence of the 2015 allocation when 
compared to the 2014 allocation by approximately 31.4% under the 
Preferred Alternative and 50.9% under Alternative 2. On average, 
reduction in revenues due to the potential decrease in landings 
associated with the 2015 quota compared to the 2014 quota are expected 
to be approximately 3.4% for the Preferred Alternative and 5.5% for 
Alternative 2, for fishermen that land bluefish in North Carolina.
    In Florida, 1,227 vessels landed bluefish from 2011-2013, and 0.83% 
of their total ex-vessel revenue was generated from bluefish landings. 
On average, reduction in revenues due to the potential decrease in 
landings associated with the 2015 quota compared to the 2014 quota are 
expected to be approximately 0.3% for the Preferred Alternative and 
0.4% for Alternative 2, for fishermen that land bluefish in Florida.
    If commercial quota is transferred from a state or states that do 
not land their entire bluefish quota for 2015, as was done in 
frequently in previous years, the number of affected entities could 
change. Transfers could lessen the adverse economic impact on vessels 
landing in the state(s) receiving quota transfers for both 
alternatives. Such transfers cannot be predicted or projected, as each 
occurs on a case by case agreement between states.

Recreational Fishery Impacts

    It is very difficult to calculate the economic value of 
recreational fisheries. However, the Preferred Action Alternative RHL 
(13.073 million lb, 5,930 mt) is approximately 15 percent below the 
recreational landings for 2013 (15.388 million lb, 6,980 mt). Under the 
No Action Alternative, the recommended RHL for the recreational sector 
(13.523 million lb, 6,134 mt) is approximately 13 percent below the 
recreational landings for 2013 (15.388 million lb, 6,980 mt), and the 
RHL for Alternative 2 (14.530 million lb, 6, 591 mt) is approximately 
5.5 percent below the recreational landings for 2013.
    While the proposed recreational harvest limit under the Preferred 
Alternative for 2015 is lower than the limit implemented in 2014 
(13.523 million lb) and 2013 recreational landings (15.388 million lb), 
the projected landings for 2015 are expected to be similar to the 
proposed limit under this alternative. Therefore, it is anticipated 
that the proposed RHL will not limit recreational catch or negatively 
impact recreational fishing revenue. It is not anticipated that this 
management measure will have any negative effects on recreational 
fishermen or affect the demand for party/charter boat trips. This 
alternative is not expected to significantly affect angler satisfaction 
nor expected to result in landings in excess of the recreational 
harvest limit. Overall, it is not expected that the final recreational 
management measures will significantly affect gross revenues of 
businesses providing goods and services to anglers participating in the 
party/charter boat, private/rental boat, and shore fisheries for 
bluefish.

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

    Dated: April 17, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-09684 Filed 4-24-15; 8:45 am]
 BILLING CODE 3510-22-P