Fisheries of the Northeastern United States; Atlantic Bluefish Fisheries; 2007 Atlantic Bluefish Specifications; 2007 Research Set-Aside Project, 68524-68528 [E6-20005]
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Federal Register / Vol. 71, No. 227 / Monday, November 27, 2006 / Proposed Rules
previous calendar year for a supplier or
non cost-report provider.
Extreme hardship exists when a
provider or supplier qualifies as being
in ‘‘hardship’’ as defined in this
paragraph and the provider’s or
supplier’s request for an extended
repayment schedule (ERS) is approved
under paragraph (c)(3) of this section.
(ii) CMS or its contractor reviews a
provider’s or supplier’s request for an
ERS. For a provider or a supplier not
paid by Medicare during the previous
year or paid only during a portion of
that year, the contractor or CMS will use
the last 12 months of Medicare
payments. If less than a 12-month
payment history exists, the number of
months available is annualized to equal
an approximate yearly Medicare
payment level for the provider or
supplier.
(iii) For a provider or supplier
requesting an ERS, CMS or its contractor
evaluates the request based on the
definitions and information submitted
under this paragraph (c)(2). For a
provider or supplier whose situation
does not meet the definitions in
paragraph (c)(2)(i) of this section, CMS
or its contractor evaluates the ERS
request using the information in
paragraph (c)(3) of this section in
deciding to grant an ERS.
(iv) CMS or its contractor is not
required to grant an ERS to a provider
or supplier if there is reason to suspect
the provider or supplier may file for
bankruptcy, cease to do business,
discontinue participation in the
Medicare program, or there is an
indication of fraud or abuse committed
against the Medicare program.
(v) CMS or its contractor may grant a
provider or a supplier an ERS of at least
6 months if repaying an overpayment
within 30 days would constitute a
‘‘hardship’’ as defined in paragraph
(c)(2)(i) of this section. If a provider or
supplier is granted an ERS for 6 months
under paragraph (c)(2)(i) of this section,
missing one installment payment
constitutes a default and the total
balance of the overpayment will be
recovered immediately.
(vi) CMS or its contractor may grant
a provider or a supplier an ERS of 36
months and up to 60 months if repaying
an overpayment would constitute an
‘‘extreme hardship’’ as defined in
paragraph (c)(2)(i) of this section.
*
*
*
*
*
(Catalog of Federal Domestic Assistance
Program No. 93.773, Medicare-Hospital
Insurance; and Program No. 93.774,
Medicare-Supplementary Medical Insurance
Program)
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Dated: April 5, 2006.
Mark B. McClellan,
Administrator, Centers for Medicare &
Medicaid Services.
Approved: May 17, 2006.
Michael O. Leavitt,
Secretary.
Editorial Note: This document was
received at the Office of the Federal Register
on November 20, 2006.
[FR Doc. E6–19960 Filed 11–24–06; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
RIN 0648–AT67
[Docket No.061109296–6296–01; I.D.
110606A]
Fisheries of the Northeastern United
States; Atlantic Bluefish Fisheries;
2007 Atlantic Bluefish Specifications;
2007 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 2007
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 2007 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 December 27, 2006.
ADDRESSES: You may submit comments
by any of the following methods:
• E-mail: Bluespecs2007@noaa.gov.
Include in the subject line the following
identifier: ‘‘Comments on 2007 Bluefish
Specifications.’’
• Federal e-Rulemaking portal: https://
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 2007
Bluefish Specifications.’’
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• Fax: (978) 281–9135.
Copies of the specifications
document, including the Environmental
Assessment and Initial Regulatory
Flexibility Analysis (EA/IRFA) and
other supporting documents for the
specifications are available from 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 https://
www.nero.noaa.gov.
The Northeast Fisheries Science
Center (Center) 41st Stock Assessment
Review Committee (SARC) Bluefish
Assessment Report (updated for 2006) is
available at: https://www.nefsc.noaa.gov/
nefsc/publications/crd/crd0514/.
FOR FURTHER INFORMATION CONTACT:
Allison Ferreira, Fishery Policy Analyst,
(978) 281–9103, or Michael Pentony,
Senior Fishery Policy Analyst, (978)
281–9283.
SUPPLEMENTARY INFORMATION:
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 (RHL). A
research set aside (RSA) quota is
deducted from the bluefish TAL (after
any applicable transfer) in an amount
proportional to the percentage of the
overall TAL as allocated to the
commercial and recreational sectors.
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
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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 2006, the Monitoring
Committee met to discuss the updated
estimates of bluefish stock biomass and
project fishery yields for 2007. In
August 2006, the Council approved the
Monitoring Committee’s
recommendations and the Commission’s
Bluefish Board (Board) adopted
complementary management measures.
Proposed Specifications
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Updated Model Estimates
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 to be
achieved. 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
rebuilding plan established through
Amendment 1 stipulates that the target
fishing mortality rate (Ftarget) in 2007 be
set at F = 0.31, or the status quo fishing
mortality rate (Fyear), whichever is less.
An age-structured assessment
program (ASAP) model presented by the
bluefish SARC in 2005 estimated annual
biomass and F through the 2004 fishing
year, as well as associated biological
reference points. The original ASAP
model output was revised in 2006. The
corrected values were made available by
the Center in August of 2006 as follows:
B2004 = 230 million lb (104,136 mt),
which was greater than the minimum
biomass threshold, 1/2BMSY = 162
million lb (73,526 mt), and F2004 = 0.15,
which was less than the maximum F
threshold, FMSY = 0.19. These revisions
indicated that the bluefish stock was not
overfished and that overfishing was not
occurring (see ADDRESSES for link to
revised report).
The ASAP model was updated for the
purpose of estimating the current status
of the bluefish stock; i.e., 2005 biomass
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and F estimates were compared to the
corrected ASAP model output, in order
to enable the Monitoring Committee to
recommend 2007 specifications using
landing information through the 2005
fishing year. Additionally, a projection
of biomass through 2010 was done using
Ftarget = F2005 = 0.15. This projection
identified a target yield for 2007 and
also indicated that biomass is likely to
reach the target by the rebuilding
deadline; i.e., the year 2010. The
Monitoring Committee supported the
model updates that derived the
following new estimates of biomass and
projected fishery yields based on the
corrected biological reference points for
2004: (1) An estimated stock biomass for
2005, B2005 = 310 million lb (140,614
mt); and (2) projected yields for 2007
using Ftarget = F2005 = 0.15. Based on the
updated biological reference points, and
the 2005 estimate of bluefish stock
biomass, the bluefish stock is not
considered overfished: B2005 = 310
million lb (140,614 mt) is greater than
the minimum biomass threshold, 1/2
BMSY = 162 million lb (73,526 mt).
Estimates of fishing mortality have
declined from 0.41 in 1991 to 0.15 in
2005. The new model results also
conclude that the Atlantic stock of
bluefish is not experiencing overfishing;
i.e., the most recent F (F2005 = 0.15) is
less than the maximum F overfishing
threshold (FMSY = 0.19).
2007 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 RHL. 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
2007), or the F estimated in the most
recent fishing year (F2005 = 0.15),
whichever is lower. Therefore, the 2007
recommendation is based on an
estimated F of 0.15. An overall TAC of
32.033 million lb (14,530 mt) was
recommended as the coast-wide TAC by
the Council at its August 2006 meeting
to achieve the target fishing mortality
rate, (F = 0.15) in 2007, and to ensure
that the bluefish stock continues toward
the long term biomass target, BMSY = 324
million lb (147,052 mt), consistent with
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the rebuilding schedule specified in
Amendment 1. Based on the 2005
biomass estimate (310 million lb
(140,614 mt)) the bluefish stock is well
above the minimum biomass threshold
(1/2 BMSY = 162 million lb (73,526 mt)),
but is still slightly below the long-term
biomass target (BMSY = 324 million lb
(147,052 mt)).
The TAL for 2007 is derived by
subtracting an estimate of discards of
4.271 million lb (1,937 mt), the average
discard level from 2001–2005, from the
TAC. After subtracting estimated
discards, the 2007 TAL would be
approximately 12 percent greater than
the 2006 TAL, or 27.762 million lb
(12,593 mt). Based strictly on the
percentages specified in the FMP (17
percent commercial, 83 percent
recreational), the commercial quota for
2007 would be 4.720 million lb (2,141
mt), and the RHL would be 23.043
million lb (10,452 mt) in 2007. 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. At the
Monitoring Committee meeting, Council
staff presented a new mechanism for
estimating projected recreational
landings (simple linear regression of the
recent (2000–2005) temporal trend in
recreational landings) for the 2007
fishing year. The rationale provided for
why this method was preferred was that
the Marine Recreational Fisheries
Statistics Survey (MRFSS) sampling
coverage in wave 1 increased
dramatically in 2005 compared to
previous years, and to extrapolate this
wave 1 landing level to the upcoming
year would result in a higher estimate
of projected landings than would likely
be achieved. The Monitoring
Committee, which met in July 2006,
reviewed and recommended using the
linear projection approach for projecting
2007 recreational landings. Recreational
landings are projected to reach 17.813
million lb (8,080 mt) in 2007. If the
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maximum commercial quota of 10.500
million lb (4,763 mt) is established
within a TAL of 27.762 million lb
(12,593 mt) this would leave 17.262
million lb (7,830 mt) for the recreational
fishery. This amount is less than the
projected 2007 recreational landings
(17.813 million lb (7,830 mt)) which
when added to the maximum allowable
commercial quota of 10.500 million lb
(4,763 mt) would exceed the overall
TAL. Therefore, because the FMP and
regulations governing the bluefish
fishery do not allow for this maximum
allowable commercial quota, the
Monitoring Committee and the Council
recommended, and NMFS proposes, to
transfer 4.780 million lb (2,168 mt) from
the initial recreational allocation of
23.043 million lb (10,452 mt) resulting
in a proposed 2007 commercial quota of
9.500 million lb (4,309 mt) and a RHL
of 18.262 million lb (8,284 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
(December 23, 2005; 70 FR 76253). 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 2007 would be reduced to
9.376 million lb (4,253 mt) and the
proposed RHL is reduced to 18.023
million lb (8,175 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 RHL.
Proposed State Commercial Allocations
The proposed state commercial
allocations for the recommended 2007
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 2007
Quota
2007 Commercial Quota
2007 Commercial Quota
(lb)
2007 Commercial Quota
(kg)
With Research SetAside
With Research SetAside
States
Percent Share
(lb)
(kg)
ME
0.6685
63,508
28,807
62,676
28,429
NH
0.4145
39,378
17,862
38,862
17,628
MA
6.7167
638,087
289,434
629,728
285,643
RI
6.8081
646,770
293,373
638,297
289,530
CT
1.2663
120,299
54,567
118,723
53,852
NY
10.3851
986,585
447,512
973,661
441,650
NJ
14.8162
1,407,539
638,456
1,389,101
630,092
DE
1.8782
178,429
80,935
176,092
79,875
MD
3.0018
285,171
129,353
281,435
127,658
VA
11.8795
1,128,553
511,908
1,113,769
505,202
NC
32.0608
3,045,776
1,381,555
3,005,877
1,363,457
SC
0.0352
3,344
1,517
3,300
1,497
GA
0.0095
903
409
891
404
FL
10.0597
955,672
433,490
943,153
427,811
100.0001
9,500,000
4,309,172
9,375,562
4,252,727
Total
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Classification
NMFS has determined that the
proposed rule is consistent with the
FMP and preliminarily determined that
the rule is consistent with the
Magnuson-Stevens Fishery
Conservation and Management Act and
other applicable laws.
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
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An initial regulatory flexibility
analysis (IRFA) was prepared, as
required by section 603 of the
Regulatory Flexibility Act (RFA). The
IRFA describes the economic impact
this proposed rule, if adopted, would
have on small entities. A copy of the
IRFA can be obtained from the Council
or NMFS (see ADDRESSES) or via the
Internet at https://www.nero.noaa.gov. A
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summary of the economic analysis
follows.
There were no large entities that
participated in this fishery, as defined
in section 601 of the RFA. 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
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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
2005 (the last year for which there is
complete data). These dealer reports
identify 745 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 882 vessels
that landed bluefish in North Carolina
and 620 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 2005. In recent years,
approximately 2,063 party/charter
vessels may have been active and/or
caught bluefish.
The IRFA 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 the revised SARC–41
report and the updated model
projections, alternatives one and two
were based on an overall TAL of 27.762
million lb (12,593 mt) and included an
RSA quota of 363,677 lb (164,961 kg).
The no action alternative includes an
overall TAL of 24.799 million lb (11,249
mt) and an RSA quota of 363,677 lb
(164,961 kg). Outside of the difference
in the overall TAL specification, 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 9.500
million lb (4,309 mt) to the commercial
sector and 18.262 million lb (8,284 mt)
to the recreational sector. Alternative 2,
the most restrictive alternative, would
have allocated 4.720 million lb (2,141
mt) to the commercial sector and 23.043
million lb (10,452 mt) to the recreational
sector, reflecting the percentage
allocations specified in the FMP (i.e.,
the 17–percent commercial/83–percent
recreational sector split). Alternative 3
would have allocated 8.082 million lb
(3,666 mt) to the commercial sector and
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16.718 million lb (7,583 mt) to the
recreational sector, reflecting the
commercial level that was place in 2006
(i.e., status quo/no action alternative).
For the commercial sector, the
recommended coast-wide quota is
approximately 35 percent higher than
2005 commercial landings. Impacts on
individual commercial vessels were
assessed by conducting a threshold
analysis using the dealer reports for the
745 vessels that landed bluefish from
Maine through North Carolina. The
analysis projected that there would be
no revenue change for 638 out of 745
vessels, while 104 vessels could incur
slight revenue losses of less than 5
percent. Another three vessels could
incur revenue losses of between 5
percent and 39 percent; all these vessels
identified home ports in New York.
According to a threshold impact
analysis that compared 2005 landings
from the Northeast dealer reports to the
recommended 2007 adjusted
commercial quota allocation, New York
could experience decreases in landings
up to 14 percent, while overall coast
wide landings would increase by
approximately 33 percent. This is due to
the fact that New York’s proposed 2007
quota is smaller than actual 2005
landings.
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 2007
recommended allocation compared to
2005 landings, there would be no
decreased landings in North Carolina,
Florida, and Georgia. On average, the
potential increase in landings in North
Carolina is expected to be minimal
(approximately 7 percent); whereby, no
projected revenue losses are expected
for vessels that landed in Florida. While
the potential percentage increase in
bluefish landings from Georgia appears
high (136 percent), 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
increase in absolute terms. The
provision that allows commercial quota
to be transferred from one state to
another may result in transfers of quota
to New York and possibly 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 2004 and
2006.
The analysis of Alternative 2
concluded that, for the commercial
sector, there would be a 33–percent
decrease in total potential commercial
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68527
landings in 2007 compared to 2005
landings. The analysis of impacts on
individual commercial vessels projected
that there would be no revenue change
for 93 of the 745 vessels that landed
bluefish in 2005, while 585 vessels
could incur slight revenue losses (less
than 5 percent). Another 52 vessels
could incur revenue losses between 5
percent and 39 percent, while 15 vessels
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 Massachusetts, New York, New
Jersey, Pennsylvania, 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 47 percent
for vessels that landed in North
Carolina. However, on average,
reductions in landings would be
expected to approximate 6 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 15–percent
increase in total potential commercial
landings in 2007 compared to actual
landings in 2005. The analysis of
impacts on individual commercial
vessels projected that there would be no
revenue change for 324 of the 745
vessels that landed bluefish in 2005,
while 411 could incur slight revenue
losses (less than 5 percent). Another 14
vessels could incur revenue losses
between 5 percent and 39 percent. The
vessels projected to incur revenue losses
of greater than 5 percent had home ports
in New York, New Jersey, and North
Carolina. 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 9 percent for
882 vessels identified as landing in
North Carolina and no revenue
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reductions for vessels landing in
Florida.
For the recreational sector of the
fishery, there were no negative revenue
impacts projected to occur with regard
the recommended RHLs because this
level would be close to the recreational
landings in 2005 (16.162 million lb
(7,331 mt)), and above the recreational
landings projected for 2007 through the
linear projection approach (17.813
million lb (8,080 mt). The recommended
RHL is higher than the other two other
alternatives, to account for this increase
in expected landings. The recreational
fishery impacts may be greater under
Alternatives 3, compared to the
recommended measures under
Alternative 1, because the RHL under
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this alternative is less than the projected
landings for 2007. 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 IRFA 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.
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
Because the recommended overall
commercial quota is higher than 2005
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
2007. A full analysis is available from
the Council (see ADDRESSES).
Authority: 16 U.S.C. 1801 et seq.
Dated: November 20, 2006.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E6–20005 Filed 11–24–06; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\27NOP1.SGM
27NOP1
]]>Agencies
[Federal Register Volume 71, Number 227 (Monday, November 27, 2006)]
[Proposed Rules]
[Pages 68524-68528]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20005]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
RIN 0648-AT67
[Docket No.061109296-6296-01; I.D. 110606A]
Fisheries of the Northeastern United States; Atlantic Bluefish
Fisheries; 2007 Atlantic Bluefish Specifications; 2007 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 2007 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 2007 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 December 27, 2006.
ADDRESSES: You may submit comments by any of the following methods:
E-mail: Bluespecs2007@noaa.gov. Include in the subject
line the following identifier: ``Comments on 2007 Bluefish
Specifications.''
Federal e-Rulemaking portal: https://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 2007 Bluefish
Specifications.''
Fax: (978) 281-9135.
Copies of the specifications document, including the Environmental
Assessment and Initial Regulatory Flexibility Analysis (EA/IRFA) and
other supporting documents for the specifications are available from
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.noaa.gov.
The Northeast Fisheries Science Center (Center) 41st Stock
Assessment Review Committee (SARC) Bluefish Assessment Report (updated
for 2006) is available at: https://www.nefsc.noaa.gov/nefsc/
publications/crd/crd0514/.
FOR FURTHER INFORMATION CONTACT: Allison Ferreira, Fishery Policy
Analyst, (978) 281-9103, or Michael Pentony, Senior Fishery Policy
Analyst, (978) 281-9283.
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 Sec.
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 (RHL). A research set
aside (RSA) quota is deducted from the bluefish TAL (after any
applicable transfer) in an amount proportional to the percentage of the
overall TAL as allocated to the commercial and recreational sectors.
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
[[Page 68525]]
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 2006, the Monitoring Committee met to discuss the updated
estimates of bluefish stock biomass and project fishery yields for
2007. In August 2006, the Council approved the Monitoring Committee's
recommendations and the Commission's Bluefish Board (Board) adopted
complementary management measures.
Proposed Specifications
Updated Model Estimates
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
to be achieved. 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 rebuilding plan established
through Amendment 1 stipulates that the target fishing mortality rate
(Ftarget) in 2007 be set at F = 0.31, or the status quo
fishing mortality rate (Fyear), whichever is less.
An age-structured assessment program (ASAP) model presented by the
bluefish SARC in 2005 estimated annual biomass and F through the 2004
fishing year, as well as associated biological reference points. The
original ASAP model output was revised in 2006. The corrected values
were made available by the Center in August of 2006 as follows:
B2004 = 230 million lb (104,136 mt), which was greater than
the minimum biomass threshold, 1/2BMSY = 162 million lb
(73,526 mt), and F2004 = 0.15, which was less than the
maximum F threshold, FMSY = 0.19. These revisions indicated
that the bluefish stock was not overfished and that overfishing was not
occurring (see ADDRESSES for link to revised report).
The ASAP model was updated for the purpose of estimating the
current status of the bluefish stock; i.e., 2005 biomass and F
estimates were compared to the corrected ASAP model output, in order to
enable the Monitoring Committee to recommend 2007 specifications using
landing information through the 2005 fishing year. Additionally, a
projection of biomass through 2010 was done using Ftarget =
F2005 = 0.15. This projection identified a target yield for
2007 and also indicated that biomass is likely to reach the target by
the rebuilding deadline; i.e., the year 2010. The Monitoring Committee
supported the model updates that derived the following new estimates of
biomass and projected fishery yields based on the corrected biological
reference points for 2004: (1) An estimated stock biomass for 2005,
B2005 = 310 million lb (140,614 mt); and (2) projected
yields for 2007 using Ftarget = F2005 = 0.15.
Based on the updated biological reference points, and the 2005 estimate
of bluefish stock biomass, the bluefish stock is not considered
overfished: B2005 = 310 million lb (140,614 mt) is greater
than the minimum biomass threshold, 1/2 BMSY = 162 million
lb (73,526 mt). Estimates of fishing mortality have declined from 0.41
in 1991 to 0.15 in 2005. The new model results also conclude that the
Atlantic stock of bluefish is not experiencing overfishing; i.e., the
most recent F (F2005 = 0.15) is less than the maximum F
overfishing threshold (FMSY = 0.19).
2007 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 RHL. 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 2007), or the F
estimated in the most recent fishing year (F2005 = 0.15),
whichever is lower. Therefore, the 2007 recommendation is based on an
estimated F of 0.15. An overall TAC of 32.033 million lb (14,530 mt)
was recommended as the coast-wide TAC by the Council at its August 2006
meeting to achieve the target fishing mortality rate, (F = 0.15) in
2007, and to ensure that the bluefish stock continues toward the long
term biomass target, BMSY = 324 million lb (147,052 mt),
consistent with the rebuilding schedule specified in Amendment 1. Based
on the 2005 biomass estimate (310 million lb (140,614 mt)) the bluefish
stock is well above the minimum biomass threshold (1/2 BMSY
= 162 million lb (73,526 mt)), but is still slightly below the long-
term biomass target (BMSY = 324 million lb (147,052 mt)).
The TAL for 2007 is derived by subtracting an estimate of discards
of 4.271 million lb (1,937 mt), the average discard level from 2001-
2005, from the TAC. After subtracting estimated discards, the 2007 TAL
would be approximately 12 percent greater than the 2006 TAL, or 27.762
million lb (12,593 mt). Based strictly on the percentages specified in
the FMP (17 percent commercial, 83 percent recreational), the
commercial quota for 2007 would be 4.720 million lb (2,141 mt), and the
RHL would be 23.043 million lb (10,452 mt) in 2007. 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. At
the Monitoring Committee meeting, Council staff presented a new
mechanism for estimating projected recreational landings (simple linear
regression of the recent (2000-2005) temporal trend in recreational
landings) for the 2007 fishing year. The rationale provided for why
this method was preferred was that the Marine Recreational Fisheries
Statistics Survey (MRFSS) sampling coverage in wave 1 increased
dramatically in 2005 compared to previous years, and to extrapolate
this wave 1 landing level to the upcoming year would result in a higher
estimate of projected landings than would likely be achieved. The
Monitoring Committee, which met in July 2006, reviewed and recommended
using the linear projection approach for projecting 2007 recreational
landings. Recreational landings are projected to reach 17.813 million
lb (8,080 mt) in 2007. If the
[[Page 68526]]
maximum commercial quota of 10.500 million lb (4,763 mt) is established
within a TAL of 27.762 million lb (12,593 mt) this would leave 17.262
million lb (7,830 mt) for the recreational fishery. This amount is less
than the projected 2007 recreational landings (17.813 million lb (7,830
mt)) which when added to the maximum allowable commercial quota of
10.500 million lb (4,763 mt) would exceed the overall TAL. Therefore,
because the FMP and regulations governing the bluefish fishery do not
allow for this maximum allowable commercial quota, the Monitoring
Committee and the Council recommended, and NMFS proposes, to transfer
4.780 million lb (2,168 mt) from the initial recreational allocation of
23.043 million lb (10,452 mt) resulting in a proposed 2007 commercial
quota of 9.500 million lb (4,309 mt) and a RHL of 18.262 million lb
(8,284 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 (December 23, 2005; 70 FR 76253). 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 2007 would be reduced to 9.376 million lb
(4,253 mt) and the proposed RHL is reduced to 18.023 million lb (8,175
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 RHL.
Proposed State Commercial Allocations
The proposed state commercial allocations for the recommended 2007
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 2007
----------------------------------------------------------------------------------------------------------------
Quota 2007 Commercial Quota 2007 Commercial 2007 Commercial
----------------------------------------------- Quota (lb) Quota (kg)
States ---------------------------------
Percent (lb) (kg) With Research With Research
Share Set-Aside Set-Aside
----------------------------------------------------------------------------------------------------------------
ME 0.6685 63,508 28,807 62,676 28,429
----------------------------------------------------------------------------------------------------------------
NH 0.4145 39,378 17,862 38,862 17,628
----------------------------------------------------------------------------------------------------------------
MA 6.7167 638,087 289,434 629,728 285,643
----------------------------------------------------------------------------------------------------------------
RI 6.8081 646,770 293,373 638,297 289,530
----------------------------------------------------------------------------------------------------------------
CT 1.2663 120,299 54,567 118,723 53,852
----------------------------------------------------------------------------------------------------------------
NY 10.3851 986,585 447,512 973,661 441,650
----------------------------------------------------------------------------------------------------------------
NJ 14.8162 1,407,539 638,456 1,389,101 630,092
----------------------------------------------------------------------------------------------------------------
DE 1.8782 178,429 80,935 176,092 79,875
----------------------------------------------------------------------------------------------------------------
MD 3.0018 285,171 129,353 281,435 127,658
----------------------------------------------------------------------------------------------------------------
VA 11.8795 1,128,553 511,908 1,113,769 505,202
----------------------------------------------------------------------------------------------------------------
NC 32.0608 3,045,776 1,381,555 3,005,877 1,363,457
----------------------------------------------------------------------------------------------------------------
SC 0.0352 3,344 1,517 3,300 1,497
----------------------------------------------------------------------------------------------------------------
GA 0.0095 903 409 891 404
----------------------------------------------------------------------------------------------------------------
FL 10.0597 955,672 433,490 943,153 427,811
----------------------------------------------------------------------------------------------------------------
Total 100.0001 9,500,000 4,309,172 9,375,562 4,252,727
----------------------------------------------------------------------------------------------------------------
Classification
NMFS has determined that the proposed rule is consistent with the
FMP and preliminarily determined that the rule is consistent with the
Magnuson-Stevens Fishery Conservation and Management Act and other
applicable laws.
This action is required by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
An initial regulatory flexibility analysis (IRFA) was prepared, as
required by section 603 of the Regulatory Flexibility Act (RFA). The
IRFA describes the economic impact this proposed rule, if adopted,
would have on small entities. A copy of the IRFA can be obtained from
the Council or NMFS (see ADDRESSES) or via the Internet at https://
www.nero.noaa.gov. A summary of the economic analysis follows.
There were no large entities that participated in this fishery, as
defined in section 601 of the RFA. 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
[[Page 68527]]
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 2005 (the last year for which there is complete
data). These dealer reports identify 745 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 882 vessels
that landed bluefish in North Carolina and 620 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 2005. In recent years, approximately 2,063 party/
charter vessels may have been active and/or caught bluefish.
The IRFA 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 the
revised SARC-41 report and the updated model projections, alternatives
one and two were based on an overall TAL of 27.762 million lb (12,593
mt) and included an RSA quota of 363,677 lb (164,961 kg). The no action
alternative includes an overall TAL of 24.799 million lb (11,249 mt)
and an RSA quota of 363,677 lb (164,961 kg). Outside of the difference
in the overall TAL specification, 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
9.500 million lb (4,309 mt) to the commercial sector and 18.262 million
lb (8,284 mt) to the recreational sector. Alternative 2, the most
restrictive alternative, would have allocated 4.720 million lb (2,141
mt) to the commercial sector and 23.043 million lb (10,452 mt) to the
recreational sector, reflecting the percentage allocations specified in
the FMP (i.e., the 17-percent commercial/83-percent recreational sector
split). Alternative 3 would have allocated 8.082 million lb (3,666 mt)
to the commercial sector and 16.718 million lb (7,583 mt) to the
recreational sector, reflecting the commercial level that was place in
2006 (i.e., status quo/no action alternative).
For the commercial sector, the recommended coast-wide quota is
approximately 35 percent higher than 2005 commercial landings. Impacts
on individual commercial vessels were assessed by conducting a
threshold analysis using the dealer reports for the 745 vessels that
landed bluefish from Maine through North Carolina. The analysis
projected that there would be no revenue change for 638 out of 745
vessels, while 104 vessels could incur slight revenue losses of less
than 5 percent. Another three vessels could incur revenue losses of
between 5 percent and 39 percent; all these vessels identified home
ports in New York. According to a threshold impact analysis that
compared 2005 landings from the Northeast dealer reports to the
recommended 2007 adjusted commercial quota allocation, New York could
experience decreases in landings up to 14 percent, while overall coast
wide landings would increase by approximately 33 percent. This is due
to the fact that New York's proposed 2007 quota is smaller than actual
2005 landings.
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 2007 recommended allocation
compared to 2005 landings, there would be no decreased landings in
North Carolina, Florida, and Georgia. On average, the potential
increase in landings in North Carolina is expected to be minimal
(approximately 7 percent); whereby, no projected revenue losses are
expected for vessels that landed in Florida. While the potential
percentage increase in bluefish landings from Georgia appears high (136
percent), 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 increase in absolute terms. The
provision that allows commercial quota to be transferred from one state
to another may result in transfers of quota to New York and possibly
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 2004 and 2006.
The analysis of Alternative 2 concluded that, for the commercial
sector, there would be a 33-percent decrease in total potential
commercial landings in 2007 compared to 2005 landings. The analysis of
impacts on individual commercial vessels projected that there would be
no revenue change for 93 of the 745 vessels that landed bluefish in
2005, while 585 vessels could incur slight revenue losses (less than 5
percent). Another 52 vessels could incur revenue losses between 5
percent and 39 percent, while 15 vessels 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
Massachusetts, New York, New Jersey, Pennsylvania, 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 47 percent for
vessels that landed in North Carolina. However, on average, reductions
in landings would be expected to approximate 6 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 15-percent increase in total potential
commercial landings in 2007 compared to actual landings in 2005. The
analysis of impacts on individual commercial vessels projected that
there would be no revenue change for 324 of the 745 vessels that landed
bluefish in 2005, while 411 could incur slight revenue losses (less
than 5 percent). Another 14 vessels could incur revenue losses between
5 percent and 39 percent. The vessels projected to incur revenue losses
of greater than 5 percent had home ports in New York, New Jersey, and
North Carolina. 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 9 percent for 882
vessels identified as landing in North Carolina and no revenue
[[Page 68528]]
reductions for vessels landing in Florida.
For the recreational sector of the fishery, there were no negative
revenue impacts projected to occur with regard the recommended RHLs
because this level would be close to the recreational landings in 2005
(16.162 million lb (7,331 mt)), and above the recreational landings
projected for 2007 through the linear projection approach (17.813
million lb (8,080 mt). The recommended RHL is higher than the other two
other alternatives, to account for this increase in expected landings.
The recreational fishery impacts may be greater under Alternatives 3,
compared to the recommended measures under Alternative 1, because the
RHL under this alternative is less than the projected landings for
2007. 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 IRFA 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 2005 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
2007. A full analysis is available from the Council (see ADDRESSES).
Authority: 16 U.S.C. 1801 et seq.
Dated: November 20, 2006.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E6-20005 Filed 11-24-06; 8:45 am]
BILLING CODE 3510-22-S
