Fisheries of the Northeastern United States; Atlantic Bluefish Fisheries; 2006 Atlantic Bluefish Specifications; 2006 Research Set-Aside Project, 75111-75114 [05-24208]
Download as PDF
Federal Register / Vol. 70, No. 242 / Monday, December 19, 2005 / Proposed Rules
The Northeast Fisheries Science
Center’s 41st Stock Assessment Review
Committee (SARC) summary and
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:
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
RIN 0648–AT20
[Docket No. 051128313–5313–01; I.D.
111705C]
Fisheries of the Northeastern United
States; Atlantic Bluefish Fisheries;
2006 Atlantic Bluefish Specifications;
2006 Research Set-Aside Project
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
SUMMARY: NMFS proposes 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).
DATES: Written comments must be
received no later than 5 p.m. eastern
standard time, on January 3, 2006.
ADDRESSES: You may submit comments
by any of the following methods:
• E-mail: BF2006SPECS@noaa.gov.
Include in the subject line the following
identifier: ‘‘Comments on 2006 Bluefish
Specifications.’’
• Federal e-Rulemaking portal:
http://www.regulations.gov.
• Mail: Patricia A. Kurkul, Regional
Administrator, NMFS, Northeast
Regional Office, One Blackburn Drive,
Gloucester, MA 01930. Mark the outside
of the envelope: ‘‘Comments on 2006
Bluefish Specifications.’’
• Fax: (978) 281–9135.
Copies of the specifications
document, including the Environmental
Assessment, Regulatory Impact Review,
and Initial Regulatory Flexibility
Analysis (EA/RIR/IRFA) and other
supporting documents for the
specifications are available from Daniel
Furlong, Executive Director, MidAtlantic 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.noaa.gov.
VerDate Aug<31>2005
17:15 Dec 16, 2005
Jkt 208001
Background
The regulations implementing the
Atlantic Bluefish Fishery Management
Plan (FMP) are prepared by the MidAtlantic Fishery Management Council
(Council) and appear at 50 CFR part
648, subparts A and J. Regulations
requiring annual specifications are
found at 648.160. The management unit
for bluefish (Pomatomus saltatrix) is
U.S. waters of the western Atlantic
Ocean.
The FMP requires that the 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 the Northeast
Regional Administrator (RA). 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
complimentary 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
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.
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
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
75111
Commission’s Bluefish Board (Board)
adopted complementary management
measures.
Proposed 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 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 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 1⁄2BMSY.
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 since F2004 = 0.15, F2004 2005
17:15 Dec 16, 2005
Jkt 208001
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
E:\FR\FM\19DEP1.SGM
19DEP1
Federal Register / Vol. 70, No. 242 / Monday, December 19, 2005 / Proposed Rules
Classification
This rule is exempt from review
under 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, and in the IRFA.
A copy of the complete IRFA can be
obtained from the Council (see
ADDRESSES). A summary of the
economic analysis 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. Because there are no large entities
participating in this fishery, there are no
disproportionate effects on small versus
large entities. Information on costs in
the fishery are not readily available and
vessel profitability cannot be
determined directly. Therefore, changes
in gross revenues were used as a proxy
for profitability. In the absence of
quantitative data, qualitative analyses
were conducted.
The participants in the commercial
sector were defined using two sets of
data. First, the Northeast dealer reports
were used to identify any vessel that
reported having landed 1 or more
pounds of bluefish during calendar year
2004 (the last year for which there is
complete data). These dealer reports
identify 748 vessels that landed bluefish
in states from Maine to North Carolina.
However, this database does not provide
information about fishery participation
in South Carolina, Georgia, or Florida.
To identify those commercial bluefish
vessels, South Atlantic Trip Ticket
reports were used to identify 819
vessels 1 that landed bluefish in North
Carolina and 591 vessels that landed
bluefish on Florida’s east coast. 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. In
recent years, approximately 2,063 party/
charter vessels may have been active
and/or caught bluefish.
The Council analyzed three
alternatives (including the no action/
status quo alternative) for allocating the
TAL between the commercial and
recreational sectors of the fishery.
Consistent with FMP’s rebuilding
schedule and the status of the resource
as assessed by SARC–41, all of the
alternatives were based on an overall
1 Some of these vessels were identified in the
Northeast dealer data, therefore double counting is
possible.
VerDate Aug<31>2005
17:15 Dec 16, 2005
Jkt 208001
TAL of 24.799 million lb (11,249 mt)
and included an RSA quota of 363,677
lb (164,961 kg). The alternatives differed
only in the manner in which the TAL
was allocated between the commercial
and recreational sectors.
The recommended alternative, before
RSA deduction, would allocate 9.583
million lb (4,347 mt) to the commercial
sector and 15,216 million lb (6,902 mt)
to the recreational sector. Alternative 2,
the most restrictive alternative would
have allocated 4.216 million lb (1,912
mt) to the commercial sector and 20.583
million lb (9,336 mt) to the recreational
sector, reflecting the traditional
allocations derived from the FMP (i.e.,
the 17-percent commercial/83-percent
recreational sector split). Alternative 3
would have allocated 10.500 million lb
(4,763 mt) to the commercial sector and
14.299 million lb (6,486 mt) to the
recreational sector, reflecting the
commercial level that was place from
2002–2005 (i.e., status quo/no action
alternative).
For the commercial sector, the
recommended coast wide quota is
approximately 23 percent higher than
2004 commercial landings. Impacts on
individual commercial vessels were
assessed by conducting a threshold
analysis using the dealer reports for the
748 vessels that landed bluefish from
Maine through North Carolina. The
analysis projected that there would be
no revenue change for 535 out of 748
vessels, while 191 vessels could incur
slight revenue losses of less than 5
percent. Another 22 vessels could incur
revenue losses of between 5 percent and
39 percent, with the majority of these
vessels identifying home ports in New
York and North Carolina. According to
a threshold impact analysis that
compared 2004 landings from the
Northeast dealer reports to the
recommended 2006 commercial quota
allocation, New York could experience
decreases in landings up to 30 percent,
while overall coast wide landings would
increase by approximately 23 percent.
The impacts of the proposed
alternative on commercial vessels in the
South Atlantic were assessed using trip
ticket data. The analysis concluded that
as a consequence of the 2006
recommended allocation compared to
2004 landings, there could be decreased
landings in North Carolina and Georgia
of up to 20 percent and 50 percent,
respectively. On average, the potential
decrease in landings in North Carolina
is expected to be minimal
(approximately 2 percent), with no
projected revenue losses for vessels that
landed in Florida. While the potential
percentage decrease in bluefish landings
from Georgia appears high, bluefish
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
75113
landed in Georgia represent a very small
proportion of the overall coast wide
landings (less than 1⁄10 of 1 percent), so
this would represent a very small
decrease in absolute terms. 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 and
North Carolina, from other states, thus
mitigating the potential negative
revenue impacts. While not assured,
such transfers have been made annually
in recent years, including 2003 and
2004.
The analysis of Alternative 2
concluded that, for the commercial
sector, there would be a 46-percent
decrease in total potential commercial
landings in 2006 compared to 2004
landings. The analysis of impacts on
individual commercial vessels projected
that there would be no revenue change
for 62 of the 748 vessels that landed
bluefish in 2004, while 606 vessels
could incur slight revenue losses (less
than 5 percent). Another 61 vessels
could incur revenue losses between 5
percent and 39 percent, while 19 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
mitigate some or all of these impacts,
although to a lesser extent than in the
other alternatives, as all states would
have less quota to transfer.
The impacts of Alternative 2 on
commercial vessels in the south Atlantic
area were assessed using trip ticket data.
The analysis concluded that these
impacts would result in revenue
reductions associated with allowable
landings of approximately 65 percent
for vessels that landed in North
Carolina. However, on average,
reductions in landings would be
expected to approximate 8 percent for
vessels that land in North Carolina. No
projected revenue losses are expected
for vessels that land in Florida.
The analysis of Alternative 3
concluded that, for the commercial
sector, there would be a 34-percent
increase in total potential commercial
landings in 2006 compared to actual
landings in 2004. The analysis of
impacts on individual commercial
vessels projected that there would be no
revenue change for 535 of the 748
vessels that landed bluefish in 2004,
while 198 could incur slight revenue
losses (less than 5 percent). Another 15
vessels could incur revenue losses
between 5 percent and 39 percent. The
vessels projected to incur revenue losses
E:\FR\FM\19DEP1.SGM
19DEP1
75114
Federal Register / Vol. 70, No. 242 / Monday, December 19, 2005 / Proposed Rules
of greater than 5 percent had home ports
in New York and North Carolina. These
revenue losses result from the fact that
these two states received quota transfers
in 2004 which allowed them to land
more than their initial coast wide
quotas; however, in the absence of
additional quota from transferring states
in 2006 there is the potential for
revenues to decrease compared to 2004.
Similar to the other alternatives, the
commercial quota transfer provision
could be utilized to mitigate revenue
losses, the extent to which would be
dependent on a state’s willingness and
ability to partake in the transfer.
The impacts of Alternative 3 on
commercial vessels in the south Atlantic
area were assessed using trip ticket data.
The analysis concludes that these
impacts would result in revenue
reductions associated with allowable
landings of approximately 1.5 percent
for 819 vessels identified as landing in
North Carolina and no revenue
reductions for vessels landing in
Florida.
For the recreational sector of the
fishery, there were no negative revenue
impacts projected to occur with regard
to the recommended recreational
harvest limits because this level would
be close to the recreational landings in
2004 (15.146 million lb (6,870 mt)), and
well above the 5-year average (2000–
2004) of 12.698 million lb (5,760 mt).
The recommended recreational harvest
limit represents the second lowest
harvest level when compared with the
two other alternatives, exceeding the
average recreational landings over the
past 5 years by approximately 15
percent. Given recent trends in bluefish
recreational landings, the analysis
concludes that landings would remain
lower than the proposed recreational
harvest limit. The recreational fishery
impacts are expected to be similar for
Alternatives 2 and 3, compared to the
recommended measures under
Alternative 1. Although there is very
little empirical evidence regarding the
sensitivity of charter/party anglers to
regulation, it is anticipated that the
proposed harvest levels will not affect
the demand for charter/party boat trips.
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 363,677
lb (164,961 kg) is landed and sold to
support the proposed research project (a
supplemental finfish survey in the MidAtlantic) 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
VerDate Aug<31>2005
17:15 Dec 16, 2005
Jkt 208001
commercial quota is higher than 2004
landings, no overall negative impacts
are expected in the commercial sector.
Based on recent trends in the
recreational fishery, recreational
landings will more than likely remain
below the recommended harvest level in
2006. A full analysis is available from
the Council (see ADDRESSES).
Authority: 16 U.S.C. 1801 et seq.
Dated: December 13, 2005.
James W. Balsiger,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 05–24208 Filed 12–16–05; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[I.D. 022505B]
Fisheries of the Northeastern United
States; Atlantic Mackerel, Squid, and
Butterfish Fisheries; Amendment 11
Atlantic Mackerel Limited Access
Program
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Supplemental notice of intent.
AGENCY:
SUMMARY: On March 4, 2005, the MidAtlantic Fishery Management Council
(Council), in cooperation with NMFS,
announced its intent to prepare a
programmatic supplemental
environmental impact statement (SEIS)
and Amendment 9 to the Atlantic
Mackerel, Squid, and Butterfish Fishery
Management Plan (FMP). As a result of
that notice, the Council received public
comment on the issue of whether or not
to consider measures to control or limit
future access to the Atlantic mackerel
fishery in Amendment 9. Based on
public comment received during that
scoping comment period, the Council
notified the public in a subsequent
notice on June 9, 2005, of its intention
to move the consideration of the
development of a limited access
program for mackerel to Amendment 10
to the FMP. Since then, the Council has
been notified that it must develop a
stock rebuilding program for butterfish
as a result of that stock being designated
as overfished. Consequently,
Amendment 10 will now include a plan
to rebuild the overfished butterfish
stock. As a result, the Council hereby
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
notifies the public that the mackerel
limited access program will now be
developed in Amendment 11 to the
FMP. While the Council believes that
this action will result in a slight delay
in the development of a limited access
program for Atlantic mackerel, no other
changes are anticipated.
FOR FURTHER INFORMATION CONTACT: Eric
Jay Dolin, Fishery Policy Analyst, 978–
281–9259; fax 978–281–9135. e-mail:
eric.dolin@noaa.gov.
SUPPLEMENTARY INFORMATION: Atlantic
mackerel (Scomber scombrus) is a
migratory species that supports
important recreational and commercial
fisheries along the Atlantic coast of the
United States and Canada. The Council
has considered the possibility of
limiting entry to the Atlantic mackerel
fishery for more than a decade. In April
2002, because the Council was
concerned about rapid expansion of
harvesting capacity in the fishery,
possible overcapitalization, and the fact
that nearly 5 years had passed since the
most recent control date for the fishery
was established, the Council requested
that a new control date for the Atlantic
mackerel fishery be established. As a
result, NMFS published an advance
notice of proposed rulemaking (ANPR)
on July 5, 2002 (67 FR 44792), which
established that date as the new control
date for the Atlantic mackerel fishery.
The ANPR was intended to discourage
speculative entry into the fishery while
potential management regimes to
control access into the fishery were
considered by the Council, and to help
the Council distinguish established
participants from speculative entrants to
the fishery, should such a program be
developed.
On March 4, 2005 (70 FR 10605), the
Council published a notice of intent to
prepare an SEIS to consider impacts of
alternatives for limiting access to the
Atlantic mackerel fishery. The Council
subsequently conducted scoping
meetings on the development of a
limited access program for Atlantic
mackerel, which the Council planned to
include in Amendment 9 to the FMP.
The first scoping meeting was held on
March 17, 2005, in Kill Devil Hills, NC,
and the second meeting was held on
March 28, 2005, in Newport, RI.
However, because the Council decided
to complete and submit for review by
the Secretary of Commerce several other
measures in Amendment 9 that were
further along in their development than
the mackerel limited access program,
the Council voted on May 4, 2005, to
complete Amendment 9 without a
limited access program for the Atlantic
mackerel fishery, and to pursue the
E:\FR\FM\19DEP1.SGM
19DEP1
Agencies
[Federal Register Volume 70, Number 242 (Monday, December 19, 2005)]
[Proposed Rules]
[Pages 75111-75114]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24208]
[[Page 75111]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
RIN 0648-AT20
[Docket No. 051128313-5313-01; I.D. 111705C]
Fisheries of the Northeastern United States; Atlantic Bluefish
Fisheries; 2006 Atlantic Bluefish Specifications; 2006 Research Set-
Aside Project
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes 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).
DATES: Written comments must be received no later than 5 p.m. eastern
standard time, on January 3, 2006.
ADDRESSES: You may submit comments by any of the following methods:
E-mail: BF2006SPECS@noaa.gov. Include in the subject line
the following identifier: ``Comments on 2006 Bluefish Specifications.''
Federal e-Rulemaking portal: http://www.regulations.gov.
Mail: Patricia A. Kurkul, Regional Administrator, NMFS,
Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930.
Mark the outside of the envelope: ``Comments on 2006 Bluefish
Specifications.''
Fax: (978) 281-9135.
Copies of the specifications document, including the Environmental
Assessment, Regulatory Impact Review, and Initial Regulatory
Flexibility Analysis (EA/RIR/IRFA) and other supporting documents for
the specifications 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.noaa.gov.
The Northeast Fisheries Science Center's 41st Stock Assessment
Review Committee (SARC) summary and 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) are prepared by the Mid-Atlantic Fishery
Management Council (Council) and appear at 50 CFR part 648, subparts A
and J. Regulations requiring annual specifications are found at
648.160. The management unit for bluefish (Pomatomus saltatrix) is U.S.
waters of the western Atlantic Ocean.
The FMP requires that the 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 the Northeast Regional
Administrator (RA). 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 complimentary
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 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.
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.
Proposed 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 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 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
since F2004 = 0.15, F2004 MSY.
[[Page 75112]]
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 total
allowable landings (TAL) that can be made 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 estimate F of
0.15. Furthermore, the best information available indicates that the
TAC of 29.147 million lb (13,221 mt) could achieve the target F (F =
0.15) in 2006, based on an estimated biomass of 104 million lb (47,235
mt) in 2004.
The TAL for 2006 is derived by subtracting an estimate of discards
of 4.348 million lb (1,972 mt), the average discard level from 2000-
2004, from the TAC. After subtracting estimated discards, the 2006 TAL
would be approximately 24 percent less than the 2005 TAL, or 24.799
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 4.216 million lb (1,912 mt), and the
recreational harvest limit would be 20.583 million 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 the recommended allocation of TAL
between the commercial and recreational sectors, and its proportional
adjustment downward to account for the recommended bluefish RSA quota.
Proposed Commercial Quota and Recreational Harvest Limit
The FMP stipulates that in any year in which 17 percent of the TAL
is less than 10.500 million lb (4,763 mt), the commercial quota may be
increased up to 10.500 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 12.698
million lb (5,760 mt) over the last 5 years--the Council and the Board
recommended that the recreational harvest limit for 2006 approximate
2004 recreational landings (15.146 million lb (6,870 mt)). Therefore,
consistent with the FMP and regulations governing the bluefish fishery,
the Council recommended, and NMFS proposes, to transfer 5.367 million
lb (2,434 mt) from the initial recreational allocation of 20.583
million lb (9,336 mt) resulting in a proposed 2006 recreational harvest
limit of 15.216 million lb (6,902 mt) and a proposed commercial quota
of 9.583 million lb (4,347 mt). These allocations were also recommended
by the Commission to be implemented by the states for fisheries within
state waters.
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 RA and forwarded to the
NOAA Grants Office. Therefore, a 363,677 lb (164,961 kg) RSA quota is
proposed. Consistent with the allocation of the bluefish RSA, the
proposed commercial quota for 2006 would be reduced to 9.442 million lb
(4,283 mt) and the proposed recreational harvest limit is reduced to
14.993 million lb (6,801 mt).
Proposed Recreational Possession Limit
The Council recommends, and NMFS proposes, to maintain the current
recreational possession limit of up to 15 fish per person to achieve
the recreational harvest limit.
Proposed State Commercial Allocations
The proposed state commercial allocations for the recommended 2006
commercial quota are shown in Table 1 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.
Table 1.--Proposed Bluefish Commercial State-by-State Allocations for 2006
--------------------------------------------------------------------------------------------------------------------------------------------------------
Quota 2006 Commercial quota 2006 Commercial quota
------------------------------------------------------------------------------------
States (lb) With (kg) With
Percent share (lb) (kg) research set- research set-
aside aside
--------------------------------------------------------------------------------------------------------------------------------------------------------
ME................................................................. 0.6685 64,062 29,058 63,123 28,632
NH................................................................. 0.4145 39,722 18,018 39,139 17,753
MA................................................................. 6.7167 643,661 291,963 634,222 287,678
RI................................................................. 6.8081 652,420 295,936 642,852 291,593
CT................................................................. 1.2663 121,350 55,044 119,570 54,236
NY................................................................. 10.3851 995,204 451,422 980,609 444,797
NJ................................................................. 14.8162 1,419,836 644,034 1,399,014 634,582
DE................................................................. 1.8782 179,988 81,642 177,348 80,444
MD................................................................. 3.0018 287,662 130,483 283,444 128,568
VA................................................................. 11.8795 1,138,412 516,381 1,121,718 508,803
NC................................................................. 32.0608 3,072,386 1,393,625 3,027,330 1,373,174
SC................................................................. 0.0352 3,373 1,530 3,324 1,508
GA................................................................. 0.0095 910 413 897 407
FL................................................................. 10.0597 964,021 437,277 949,884 430,860
----------------------
Total.......................................................... 100.0001 9,583,000 4,346,820 9,442,465 4,283,031
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 75113]]
Classification
This rule is exempt from review under 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, and in the IRFA. A copy
of the complete IRFA can be obtained from the Council (see ADDRESSES).
A summary of the economic analysis 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. Because there are no large entities
participating in this fishery, there are no disproportionate effects on
small versus large entities. Information on costs in the fishery are
not readily available and vessel profitability cannot be determined
directly. Therefore, changes in gross revenues were used as a proxy for
profitability. In the absence of quantitative data, qualitative
analyses were conducted.
The participants in the commercial sector were defined using two
sets of data. First, the Northeast dealer reports were used to identify
any vessel that reported having landed 1 or more pounds of bluefish
during calendar year 2004 (the last year for which there is complete
data). These dealer reports identify 748 vessels that landed bluefish
in states from Maine to North Carolina. However, this database does not
provide information about fishery participation in South Carolina,
Georgia, or Florida. To identify those commercial bluefish vessels,
South Atlantic Trip Ticket reports were used to identify 819 vessels
\1\ that landed bluefish in North Carolina and 591 vessels that landed
bluefish on Florida's east coast. 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. In recent years, approximately 2,063 party/
charter vessels may have been active and/or caught bluefish.
---------------------------------------------------------------------------
\1\ Some of these vessels were identified in the Northeast
dealer data, therefore double counting is possible.
---------------------------------------------------------------------------
The Council analyzed three alternatives (including the no action/
status quo alternative) for allocating the TAL between the commercial
and recreational sectors of the fishery. Consistent with FMP's
rebuilding schedule and the status of the resource as assessed by SARC-
41, all of the alternatives were based on an overall TAL of 24.799
million lb (11,249 mt) and included an RSA quota of 363,677 lb (164,961
kg). The alternatives differed only in the manner in which the TAL was
allocated between the commercial and recreational sectors.
The recommended alternative, before RSA deduction, would allocate
9.583 million lb (4,347 mt) to the commercial sector and 15,216 million
lb (6,902 mt) to the recreational sector. Alternative 2, the most
restrictive alternative would have allocated 4.216 million lb (1,912
mt) to the commercial sector and 20.583 million lb (9,336 mt) to the
recreational sector, reflecting the traditional allocations derived
from the FMP (i.e., the 17-percent commercial/83-percent recreational
sector split). Alternative 3 would have allocated 10.500 million lb
(4,763 mt) to the commercial sector and 14.299 million lb (6,486 mt) to
the recreational sector, reflecting the commercial level that was place
from 2002-2005 (i.e., status quo/no action alternative).
For the commercial sector, the recommended coast wide quota is
approximately 23 percent higher than 2004 commercial landings. Impacts
on individual commercial vessels were assessed by conducting a
threshold analysis using the dealer reports for the 748 vessels that
landed bluefish from Maine through North Carolina. The analysis
projected that there would be no revenue change for 535 out of 748
vessels, while 191 vessels could incur slight revenue losses of less
than 5 percent. Another 22 vessels could incur revenue losses of
between 5 percent and 39 percent, with the majority of these vessels
identifying home ports in New York and North Carolina. According to a
threshold impact analysis that compared 2004 landings from the
Northeast dealer reports to the recommended 2006 commercial quota
allocation, New York could experience decreases in landings up to 30
percent, while overall coast wide landings would increase by
approximately 23 percent.
The impacts of the proposed alternative on commercial vessels in
the South Atlantic were assessed using trip ticket data. The analysis
concluded that as a consequence of the 2006 recommended allocation
compared to 2004 landings, there could be decreased landings in North
Carolina and Georgia of up to 20 percent and 50 percent, respectively.
On average, the potential decrease in landings in North Carolina is
expected to be minimal (approximately 2 percent), with no projected
revenue losses for vessels that landed in Florida. While the potential
percentage decrease in bluefish landings from Georgia appears high,
bluefish landed in Georgia represent a very small proportion of the
overall coast wide landings (less than \1/10\ of 1 percent), so this
would represent a very small decrease in absolute terms. 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 and North Carolina, from other states, thus
mitigating the potential negative revenue impacts. While not assured,
such transfers have been made annually in recent years, including 2003
and 2004.
The analysis of Alternative 2 concluded that, for the commercial
sector, there would be a 46-percent decrease in total potential
commercial landings in 2006 compared to 2004 landings. The analysis of
impacts on individual commercial vessels projected that there would be
no revenue change for 62 of the 748 vessels that landed bluefish in
2004, while 606 vessels could incur slight revenue losses (less than 5
percent). Another 61 vessels could incur revenue losses between 5
percent and 39 percent, while 19 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 mitigate some or all of these impacts,
although to a lesser extent than in the other alternatives, as all
states would have less quota to transfer.
The impacts of Alternative 2 on commercial vessels in the south
Atlantic area were assessed using trip ticket data. The analysis
concluded that these impacts would result in revenue reductions
associated with allowable landings of approximately 65 percent for
vessels that landed in North Carolina. However, on average, reductions
in landings would be expected to approximate 8 percent for vessels that
land in North Carolina. No projected revenue losses are expected for
vessels that land in Florida.
The analysis of Alternative 3 concluded that, for the commercial
sector, there would be a 34-percent increase in total potential
commercial landings in 2006 compared to actual landings in 2004. The
analysis of impacts on individual commercial vessels projected that
there would be no revenue change for 535 of the 748 vessels that landed
bluefish in 2004, while 198 could incur slight revenue losses (less
than 5 percent). Another 15 vessels could incur revenue losses between
5 percent and 39 percent. The vessels projected to incur revenue losses
[[Page 75114]]
of greater than 5 percent had home ports in New York and North
Carolina. These revenue losses result from the fact that these two
states received quota transfers in 2004 which allowed them to land more
than their initial coast wide quotas; however, in the absence of
additional quota from transferring states in 2006 there is the
potential for revenues to decrease compared to 2004. Similar to the
other alternatives, the commercial quota transfer provision could be
utilized to mitigate revenue losses, the extent to which would be
dependent on a state's willingness and ability to partake in the
transfer.
The impacts of Alternative 3 on commercial vessels in the south
Atlantic area were assessed using trip ticket data. The analysis
concludes that these impacts would result in revenue reductions
associated with allowable landings of approximately 1.5 percent for 819
vessels identified as landing in North Carolina and no revenue
reductions for vessels landing in Florida.
For the recreational sector of the fishery, there were no negative
revenue impacts projected to occur with regard to the recommended
recreational harvest limits because this level would be close to the
recreational landings in 2004 (15.146 million lb (6,870 mt)), and well
above the 5-year average (2000-2004) of 12.698 million lb (5,760 mt).
The recommended recreational harvest limit represents the second lowest
harvest level when compared with the two other alternatives, exceeding
the average recreational landings over the past 5 years by
approximately 15 percent. Given recent trends in bluefish recreational
landings, the analysis concludes that landings would remain lower than
the proposed recreational harvest limit. The recreational fishery
impacts are expected to be similar for Alternatives 2 and 3, compared
to the recommended measures under Alternative 1. Although there is very
little empirical evidence regarding the sensitivity of charter/party
anglers to regulation, it is anticipated that the proposed harvest
levels will not affect the demand for charter/party boat trips.
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 363,677 lb (164,961 kg) is landed and
sold to 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
is higher than 2004 landings, no overall negative impacts are expected
in the commercial sector. Based on recent trends in the recreational
fishery, recreational landings will more than likely remain below the
recommended harvest level in 2006. A full analysis is available from
the Council (see ADDRESSES).
Authority: 16 U.S.C. 1801 et seq.
Dated: December 13, 2005.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
[FR Doc. 05-24208 Filed 12-16-05; 8:45 am]
BILLING CODE 3510-22-P