Fisheries of the Northeastern United States; Atlantic Bluefish Fisheries; 2006 Atlantic Bluefish Specifications; Quota Adjustment; 2006 Research Set-Aside Project, 9471-9475 [06-1691]
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Federal Register / Vol. 71, No. 37 / Friday, February 24, 2006 / Rules and Regulations
§ 411.53 Basis for conditional Medicare
payment in no-fault cases.
DEPARTMENT OF COMMERCE
(a) A conditional Medicare payment
may be made in no-fault cases under
either of the following circumstances:
(1) The beneficiary has filed a proper
claim for no-fault insurance benefits but
the intermediary or carrier determines
that the no-fault insurer will not pay
promptly for any reason other than the
circumstances described in
§ 411.32(a)(1). This includes cases in
which the no-fault insurance carrier has
denied the claim.
(2) The beneficiary, because of
physical or mental incapacity, failed to
meet a claim-filing requirement
stipulated in the policy.
(b) Any conditional payment that
CMS makes is conditioned on
reimbursement to CMS in accordance
with subpart B of this part.
National Oceanic and Atmospheric
Administration
PART 411—[NOMENCLATURE
CHANGE]
12. In part 411, revise all references to
‘‘third party payer’’ to read ‘‘primary
payer’; revise all references to ‘‘third
party payment’’ to read ‘‘primary
payment’; and revise all references to
‘‘third party plan’’ to read ‘‘primary
plan’’.
I
PART 489—PROVIDER AGREEMENTS
AND SUPPLIER APPROVAL
1. The authority citation for part 489
continues to read as follows:
I
Authority: Secs. 1102 and 1871 of the
Social Security Act.
§ 489.20
2. Section § 489.20(i)(2)(ii)
introductory text is amended by
removing the words ‘‘third party
payment’’ and adding in its place the
words ‘‘primary payment’’.
I
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(Catalog of Federal Domestic Assistance
Program No. 93.773, Medicare—Hospital
Insurance; and Program No. 93.774,
Medicare—Supplementary Medical
Insurance Program)
Dated: February 8, 2006.
Mark B. McClellan,
Administrator, Centers for Medicare &
Medicaid Services.
Approved: November 14, 2005.
Michael O. Leavitt,
Secretary, Department of Health and Human
Services.
[FR Doc. 06–1712 Filed 2–23–06; 8:45 am]
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[Docket No. 051128313–6029–02; I.D.
111705C]
The Northeast Fisheries Science
Center 41st Stock Assessment Review
Committee (SARC) Panelist Reports are
available at: https://www.nefsc.noaa.gov/
nefsc/saw/saw41/.
FOR FURTHER INFORMATION CONTACT:
Bonnie Van Pelt, Fishery Policy
Analyst, (978) 281–9244.
SUPPLEMENTARY INFORMATION:
RIN 0648–AT20
Background
Fisheries of the Northeastern United
States; Atlantic Bluefish Fisheries;
2006 Atlantic Bluefish Specifications;
Quota Adjustment; 2006 Research SetAside Project
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 MidAtlantic 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.
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; final specifications
for the 2006 Atlantic bluefish fishery.
AGENCY:
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.
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 https://
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.
DATES:
[Amended]
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2006 TAL
Stock Assessment
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Final Specifications
The FMP specifies that the bluefish
stock is to be rebuilt to BMSY over a 9year 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.
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.
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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)
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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
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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
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.
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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.
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
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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
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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.
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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
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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 MagnusonStevens 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
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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)).
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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).
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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]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 040804229–4300–02; I.D.
021706B]
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Multispecies Fishery; Modification of
the Yellowtail Flounder Landing Limit
for the U.S./Canada Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; landing limit.
AGENCY:
SUMMARY: NMFS announces that the
Administrator, Northeast (NE) Region,
NMFS (Regional Administrator), is
modifying the Georges Bank (GB)
yellowtail flounder trip limit from 1,500
lb (680.4 kg) per day up to a maximum
of 15,000 lb (6,804.1 kg) per trip, to
15,000 lb (6,804.1 kg) per trip with no
daily limit, for NE multispecies days-atsea (DAS) vessels fishing in the U.S./
Canada Management Area. This action
is authorized by the regulations
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implementing Amendment 13 to the NE
Multispecies Fishery Management Plan
and is intended to prevent underharvesting the Total Allowable Catch
(TAC) for GB yellowtail flounder while
ensuring that the TAC will not be
exceeded during the 2005 fishing year.
This action is being taken to provide
additional opportunities for vessels to
fully harvest the GB yellowtail flounder
TAC under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
DATES: Effective February 21, 2006,
through April 30, 2006.
FOR FURTHER INFORMATION CONTACT:
Mark Grant, Fishery Management
Specialist, (978) 281–9145, fax (978)
281–9135.
SUPPLEMENTARY INFORMATION:
Regulations governing the GB yellowtail
flounder landing limit within the U.S./
Canada Management Area are found at
50 CFR 648.85(a)(3)(iv)(C) and (D). The
regulations authorize vessels issued a
valid limited access NE multispecies
permit and fishing under a NE
multispecies DAS to fish in the U.S./
Canada Management Area, as defined at
§ 648.85(a)(1), under specific
conditions. The TAC for GB yellowtail
flounder for the 2005 fishing year (May
1, 2005—April 30, 2006) is 4,260 mt. On
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Federal Register / Vol. 71, No. 37 / Friday, February 24, 2006 / Rules and Regulations
]]>Agencies
[Federal Register Volume 71, Number 37 (Friday, February 24, 2006)]
[Rules and Regulations]
[Pages 9471-9475]
From the Federal Register Online via the Government Printing 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 https://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: https://
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
