Fisheries of the Northeastern United States; Atlantic Bluefish Fisheries; 2008 Atlantic Bluefish Specifications, 9957-9960 [E8-3514]
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Federal Register / Vol. 73, No. 37 / Monday, February 25, 2008 / Rules and Regulations
is liable to the United States
Government for a civil penalty of not
more than $16,000 for each violation. A
separate violation occurs for each day
the violation continues.
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Issued on: February 7, 2008.
Nicole R. Nason,
Administrator.
[FR Doc. E8–3518 Filed 2–22–08; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 071030625–8130–02]
RIN 0648–XC84
Fisheries of the Northeastern United
States; Summer Flounder, Scup, and
Black Sea Bass Fisheries; 2008 Scup
Specifications; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correction.
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AGENCY:
SUMMARY: On December 31, 2007, NMFS
published in the Federal Register a final
rule containing final specifications for
the 2008 scup fishery. Inadvertently,
table 3 of the final rule contained
incorrect values for the 2008 Adjusted
Quota Less Overages and Research SetAside (RSA) for the scup quota periods.
This document corrects those values.
DATES: Effective February 25, 2008,
through December 31, 2008.
FOR FURTHER INFORMATION CONTACT:
Emily Bryant, Fishery Management
Specialist, (978) 281–9244.
SUPPLEMENTARY INFORMATION: The final
rule, including final quota specifications
for the summer flounder, scup, and
black sea bass fisheries, was published
in the Federal Register on December 31,
2007 (72 FR 74197). Table 3 incorrectly
lists the following Adjusted Quota Less
Overages and RSA values for the scup
quota periods: Winter I (2,367,373 lb,
1,074 mt), Summer (1,419,220 lb, 644
mt), Winter II (836,531 lb, 379 mt), and
Total (4,623,124 lb, 2,097 mt). The
correct amounts for the 2008 scup
Adjusted Quota Less Overages and RSA
are as follows: Winter I is 2,388,611 lb
(1,083 mt); Summer is 1,437,558 lb (652
mt); Winter II is 844,036 lb (383 mt);
and Total is 4,670,204 lb (2,118 mt).
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Classification
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator finds good
cause to waive prior notice and
opportunity for additional public
comment for this action because any
delay of this action would be contrary
to the public interest. As explained
above, this rule corrects values for the
2008 Adjusted Quota Less Overages and
RSA that had already been published in
the Federal Register. To delay this
correction notice will cause confusion
over the available 2008 scup quota. The
correct values for the adjusted quotas
are greater than the values currently
published in the Federal Register and a
delay may negatively impact fishermen
during the current Winter I quota period
(January - April), who may not be able
to harvest the full amount of quota
allocated to the fishery. Moreover,
pursuant to 5 U.S.C. 553(d), the
Assistant Administrator finds good
cause to waive the 30-day delay in
effective date for the reasons given
above. Delaying the rule for 30 days may
negatively impact fishermen because the
correct quota value for all quota periods,
including the current Winter I period,
are greater than the published values.
This may lead to less quota being
harvested for the Winter I period than
is actually allocated to fishermen.
Correction
Accordingly, the final rule FR Doc.
07–6252, published on December 31,
2007 (72 FR 74197), is corrected as
follows:
1. On page 74199, in Table 3, the
Adjusted quota less overages and RSA
found in columns 11 and 12 for the
Winter I Quota period in row 1 are
corrected to read ‘‘2,388,611’’ lb and
‘‘1,083’’ mt, respectively.
2. On page 74199, in Table 3, the
Adjusted quota less overages and RSA
found in columns 11 and 12 for the
Summer Quota period in row 2 are
corrected to read ‘‘1,437,558’’ lb and
‘‘652’’ mt, respectively.
3. On page 74200, in Table 3, the
Adjusted quota less overages and RSA
found in columns 11 and 12 for the
Winter II Quota period in row 3 are
corrected to read ‘‘844,036’’ lb and
‘‘383’’ mt, respectively.
4. On page 74200, in Table 3, the
Adjusted quota less overages and RSA
found in columns 11 and 12 for the
Total Quota in row 4 are corrected to
read ‘‘4,670,204’’ lb and ‘‘2,118’’ mt,
respectively.
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9957
Dated: February 19, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E8–3522 Filed 2–22–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 071212833–8179–02]
RIN 0648–XB94
Fisheries of the Northeastern United
States; Atlantic Bluefish Fisheries;
2008 Atlantic Bluefish Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; final specifications
for the 2008 Atlantic bluefish fishery.
AGENCY:
SUMMARY: NMFS issues final
specifications for the 2008 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 2008 harvest
levels and possession limits to attain the
target fishing mortality rate (F),
consistent with the stock rebuilding
program contained in Amendment 1 to
the Atlantic Bluefish Fishery
Management Plan (FMP), as well as
ensuring compliance with the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). The final
specifications are modified from those
contained in the proposed rule as a
result of more recent information on
recreational harvests.
DATES: This rule is effective March 26,
2008, through December 31, 2008.
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.noaa.gov. NMFS prepared a
Final Regulatory Flexibility Analysis
(FRFA), which is contained in the
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classification section of this rule. The
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, and on the
Northeast Regional Office’s website at
https://www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Tobey Curtis, Fishery Policy Analyst,
(978) 281–9273.
SUPPLEMENTARY INFORMATION:
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Background
The Atlantic bluefish fishery is
cooperatively managed by the MidAtlantic Fishery Management Council
(Council) and the Atlantic States Marine
Fisheries Commission (Commission).
The regulations implementing the FMP
appear at 50 CFR part 648, subparts A
and J. Regulations requiring annual
specifications are found at § 648.160.
The management unit for Atlantic
bluefish (Pomatomus saltatrix) is the
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).
Because the Bluefish FMP is a joint plan
with the Commission, the Commission
meets during the annual specification
process to adopt complementary
measures.
In July 2007, the Monitoring
Committee met to discuss the updated
estimates of bluefish stock biomass and
project fishery yields for 2008. In
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August 2007, the Council approved the
Monitoring Committee’s
recommendations and the Commission’s
Bluefish Board (Board) adopted
complementary management measures.
Detailed background information
regarding the status of the bluefish stock
and the development of the 2008
specifications for this fishery was
provided in the proposed specifications
(72 FR 73304, December 27, 2007). That
information is not repeated here.
RSA Quota
A request for proposals was published
to solicit research proposals to utilize
RSA in 2006 based on research
priorities identified by the Council
(December 27, 2006; 71 FR 77726). One
research project that would utilize
bluefish RSA has been preliminarily
approved by the RA and forwarded to
the NOAA Grants Office. Therefore, this
final rule implements a 50,000–lb
(22,680–kg) RSA quota for the 2008
bluefish fishery. If this project is not
approved by the NOAA Grants Office,
the research quota associated with the
disapproved proposal will be restored to
the bluefish TAL through publication in
the Federal Register.
Final Specifications
The FMP specifies that the bluefish
stock is to be rebuilt to BMSY over a 9–
year period (i.e., by the year 2010). 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 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
2008), or the F estimated in the most
recent fishing year (F2006 = 0.15),
whichever is lower. Therefore, the 2008
recommendation is based on an
estimated F of 0.15. An overall TAC of
31.887 million lb (14,464 mt) was
recommended as the coast-wide TAC by
the Council at its August 2007 meeting
to achieve the target fishing mortality
rate (F = 0.15) in 2008, 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 2006
biomass estimate (307.5 million lb
(139,496 mt)), the bluefish stock is well
above the minimum biomass threshold
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(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 2008 is derived by
subtracting an estimate of discards of
3.734 million lb (1,694 mt), the average
discard level from 2000–2006, from the
TAC. After subtracting estimated
discards, the 2008 TAL will be 28.156
million lb (12,771 mt), approximately
1.4 percent greater than the 2007 TAL.
Based strictly on the percentages
specified in the FMP (17 percent
commercial, 83 percent recreational),
the commercial quota for 2008 would be
4.787 million lb (2,171 mt), and the RHL
would be 23.370 million lb (10,600 mt)
in 2008. 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.
Council Recommendation: Commercial
Quota and Recreational Harvest Limit
As described in the proposed rule,
based on the best information available
at the time, the Council recommended
that 4.088 million lb (1,854 mt) be
transferred from the initial recreational
allocation of 23.370 million lb (10,600
mt), resulting in a 2008 commercial
quota of 8.875 million lb (4,026 mt) and
a RHL of 19.281 million lb (8,746 mt).
These allocations were also
recommended by the Commission to be
implemented by the states for fisheries
within state waters.
Final 2008 Commercial Quota and
Recreational Harvest Limit
Although the Council
recommendation was based on the best
information available at the time, more
recent information, which was not
available at the time of the Council’s
recommendation or at the time of
publication of the proposed rule, was
used to develop a new recreational
landings projection for the 2008 fishing
year. This new recreational landings
projection, when added to the
commercial quota, as adjusted by the
proposed transfer of bluefish from the
allowable RHL, may cause the TAL to be
exceeded. Such a result is inconsistent
with § 648.160(c), which requires that
the level of transfer be constrained to a
level that does not cause the TAL to be
exceeded. Based on data provided by
the Marine Recreational Fisheries
Statistic Survey (MRFSS) program,
projected recreational landings in 2007
were approximately 20,414,621 lb
(9,260 mt). Using this amount as the
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most reasonable proxy for expected
landings in 2008, this final rule reduces
the amount of the transfer from the
recreational to the commercial sector by
1,169,756 lb (531 mt), from 4,088,449 lb
(1,854 mt) to 2,918,693 lb (1,324 mt),
commensurate with the increase in
projected recreational landings. This
results in a post-transfer commercial
quota of 7,705,244 lb (3,495 mt) and a
recreational harvest limit of 20,450,938
lb (9,276 mt). After adjusting for the
RSA quota, the resulting 2008
specifications include a commercial
quota of 7,691,561 lb (3,489 mt) and a
recreational harvest limit of 20,414,621
lb (9,260 mt). The RSA quota remains
unchanged at 50,000 lb (22,680 kg).
Additional Adjustment for 2007 New
York Overage
In accordance with the regulations at
§ 648.160(e)(2), NMFS may deduct any
overages of the commercial quota
landed in any state from that state’s
annual quota for the following year.
Updated landings information for FY
2007 indicate a bluefish quota overage
for New York in the amount of 51,719
lb (23,459 kg). This final rule adjusts
New York’s 2008 bluefish quota
downward by this amount to 747,057 lb
(338,859 kg), to account for this overage.
Final State Commercial Allocations
The 2008 commercial quota is
allocated by state as shown in Table 1,
according to the percentages specified
in the FMP. The table accounts for New
York’s 2007 quota overage.
TABLE 1. FINAL BLUEFISH COMMERCIAL STATE-BY-STATE ALLOCATIONS FOR 20081
State
Percent Share
ME
NH
MA
RI
CT
NY
NJ
DE
MD
VA
NC
SC
GA
FL
Total
1
2008 Commercial Quota (kg) RSA Deducted
51,418
31,882
516,619
523,649
97,398
747,057
1,139,595
144,463
230,885
913,716
2,465,973
2,707
731
773,748
7,639,842
23,323
14,461
234,338
237,527
44,180
338.865
516,920
65,528
104,730
414,462
1,118,565
1,228
331
350,972
3,465,432
0.6685
0.4145
6.7167
6.8081
1.2663
10.3851
14.8162
1.8782
3.0018
11.8795
32.0608
0.0352
0.0095
10.0597
100.0001
The sum of the individual states does not add up to the final commercial quota of 7,639,841 lb due to rounding.
Recreational Possession Limit
NMFS has approved the Council’s
recommendation to maintain the current
recreational possession limit of 15 fish
per person to achieve the RHL.
Comments and Responses
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2008 Commercial Quota (lb) RSA Deducted
The public comment period on the
proposed rule ended on January 28,
2008, with only one comment received.
Comment 1: The commenter
suggested that the TAC be reduced by
50 percent initially, and by 10 percent
in each subsequent year. The
commenter also suggested that a
December 2007, hypothermal fish kill in
New Jersey had a detrimental impact on
the overall bluefish population, and that
the scientific methods used to estimate
bluefish biomass were inaccurate.
Response: The commenter gave no
specific rationale for why the quotas
should be reduced in the manner
suggested, and there is no known
scientific basis for the commenter’s
suggestions. According to the New
Jersey Department of Environmental
Protection, the December 2007 fish kill
near the Oyster Creek Nuclear Power
Generating Station in Ocean County, NJ,
killed approximately 5,300 bluefish.
Based upon estimates of total bluefish
abundance in the June 2007 Bluefish
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Assessment Summary prepared by the
Commission’s Bluefish Stock
Assessment Sub-Committee, this kill
represented less than 0.01 percent of the
total bluefish population in 2007 (89.2
million fish). The impact of the fish kill
is therefore negligible relative to the
total bluefish stock. The reasons
presented by the Council and NMFS for
recommending the final 2008 bluefish
specifications are based on the best
available science, and are discussed in
the preambles to both the proposed and
final rules. Sufficient analysis and
scientific justification for NMFS’s action
in this final rule are contained within
the supporting documents.
Classification
Pursuant to section 304 (b)(1)(A) of
the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this rule is consistent with the
Atlantic Bluefish FMP, other provisions
of the Magnuson-Stevens Act, and other
applicable law.
This final rule is exempt from review
under Executive Order 12866.
Included in this final rule is the FRFA
prepared pursuant to 5 U.S.C. 604(a).
The FRFA incorporates the IRFA, a
summary of the significant issues raised
by the public comments in response to
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the IRFA, and NMFS’s responses to
those comments, and a summary of the
analyses completed to support the
action. A copy of the EA/RIR/IRFA is
available from the Council (see
ADDRESSES).
The preamble to the proposed rule
included a detailed summary of the
analyses contained in the IRFA, and that
discussion is not repeated here.
Final Regulatory Flexibility Analysis
Statement of Objective and Need
A description of the reasons why this
action is being taken, and the objectives
of and legal basis for these
specifications are explained in the
preambles to the proposed rule and this
final rule and are not repeated here.
Summary of Significant Issues Raised in
Public Comments
One comment was submitted on the
proposed rule, but it 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
received.
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Federal Register / Vol. 73, No. 37 / Monday, February 25, 2008 / Rules and Regulations
Description and Estimate of Number of
Small Entities to Which the Rule will
Apply
The Small Business Administration
(SBA) defines small businesses in the
commercial fishing and recreational
fishing sectors as firms with receipts
(gross revenues) of up to $4.0 million
and $6.5 million, respectively. No large
entities participate in this fishery, as
defined in section 601 of the RFA. This
rule could affect any vessels that fish for
bluefish in Federal or state waters. The
final measures regarding the 2008
quotas could affect any vessels holding
an active Federal permit for bluefish, as
well as vessels that fish for this species
in state waters.
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 lb (0.45 kg) or more of bluefish
during calendar year 2006 (the last year
for which there is complete data). These
dealer reports identified 725 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. South Atlantic Trip
Ticket reports were used to identify 820
vessels1 that landed bluefish in North
Carolina and 567 vessels that landed
bluefish on Florida’s east coast. There
were no reported landings of bluefish in
South Carolina in 2006, and bluefish
landings in Georgia were near zero,
representing a negligible proportion of
the total bluefish landings along the
Atlantic Coast in 2006.
In addition, it was estimated that, in
recent years, approximately 2,063 party/
charter vessels may have been active
and/or caught bluefish. All of these
vessels are considered small entities
under the RFA, having gross receipts of
less than $5 million annually. Since the
recreational possession limit 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.
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Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
No additional reporting,
recordkeeping, or other compliance
requirements are included in this final
rule.
1 Some of these vessels were identified in the
Northeast dealer data; therefore, double counting is
possible.
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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 Act. The commercial quota and
RHL contained in this final rule are 13.2
percent lower and 6.1 percent higher,
respectively, than the Council’s
preferred alternative contained in the
proposed rule. Although the commercial
quota under this new alternative is
lower than the commercial quota
recommended by the Council, and
lower than the FY 2007 commercial
quota of 8,574,939 lb (3,890 mt), it
remains approximately 24 percent
greater than FY 2007 commercial
landings (6,209,915 lb; 2,817 mt). All
affected states will receive reductions in
their individual commercial quota
allocation in comparison to their
respective 2007 individual state
allocations. However, the magnitude of
the reduction varies depending on the
state’s respective percent share in the
total commercial quota, as specified in
the FMP, and depending on whether the
state had any overages from FY 2007
that needed to be accounted for in this
final rule (e.g., New York). NMFS
considered a TAL that would have
allowed a higher allocation of quota to
the commercial sector, but this
alternative, proposed by the Council,
would have been inconsistent with the
goals and objectives of the FMP and the
Magnuson-Stevens Act. The new
alternative, which will transfer less
quota from the recreational sector to the
commercial sector than the alternative
contained in the proposed rule, is being
implemented consistent with recent
recreational landings trends and should
ensure that the 2008 RHL is not
exceeded. Furthermore, the RHL being
implemented in this final rule is 8.5
percent higher than the RHL specified
in FY 2007. In conclusion, because the
2008 commercial quota being
implemented in this final rule is
significantly greater than FY 2007
commercial landings, and the 2008 RHL
represents an increase over the 2007
RHL, and because the revised 2008 RHL
is consistent with recent trends in
recreational landings, no negative
economic impacts are expected relative
to the status quo and the Council’s
preferred alternative.
The impacts on revenues of the
proposed RSA were analyzed; the social
and economic impacts are minimal.
Assuming that the full RSA of 50,000 lb
(22,680 kg) is landed and sold to
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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.
Small Entity Compliance Guide
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as ‘‘small entity
compliance guides.’’ The agency shall
explain the actions a small entity is
required to take to comply with a rule
or group of rules. As part of this
rulemaking process, a small entity
compliance guide will be sent to all
holders of Federal permits issued for the
Atlantic bluefish fishery. In addition,
copies of this final rule and guide (i.e.,
permit holder letter) are available from
NMFS (see ADDRESSES) and at the
following website: https://
www.nero.noaa.gov.
Dated: February 19, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E8–3514 Filed 2–22–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No.061219338–7494–03]
RIN 0648–AU69
Fisheries off West Coast States and in
the Western Pacific; Amendment 15 to
the Pacific Coast Salmon Fishery
Management Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: This final rule implements
Amendment 15 to the Pacific Coast
Salmon Fisheries Management Plan
(Plan) in accordance with the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). This action is
intended to provide management
flexibility in times of low Klamath River
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]]>Agencies
[Federal Register Volume 73, Number 37 (Monday, February 25, 2008)]
[Rules and Regulations]
[Pages 9957-9960]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3514]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 071212833-8179-02]
RIN 0648-XB94
Fisheries of the Northeastern United States; Atlantic Bluefish
Fisheries; 2008 Atlantic Bluefish Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; final specifications for the 2008 Atlantic bluefish
fishery.
-----------------------------------------------------------------------
SUMMARY: NMFS issues final specifications for the 2008 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 2008 harvest
levels and possession limits to attain the target fishing mortality
rate (F), consistent with the stock rebuilding program contained in
Amendment 1 to the Atlantic Bluefish Fishery Management Plan (FMP), as
well as ensuring compliance with the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act). The final
specifications are modified from those contained in the proposed rule
as a result of more recent information on recreational harvests.
DATES: This rule is effective March 26, 2008, through December 31,
2008.
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.noaa.gov. NMFS
prepared a Final Regulatory Flexibility Analysis (FRFA), which is
contained in the
[[Page 9958]]
classification section of this rule. The 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, and
on the Northeast Regional Office's website at https://www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Tobey Curtis, Fishery Policy Analyst,
(978) 281-9273.
SUPPLEMENTARY INFORMATION:
Background
The Atlantic bluefish fishery is cooperatively managed by the Mid-
Atlantic Fishery Management Council (Council) and the Atlantic States
Marine Fisheries Commission (Commission). The regulations implementing
the FMP appear at 50 CFR part 648, subparts A and J. Regulations
requiring annual specifications are found at Sec. 648.160. The
management unit for Atlantic bluefish (Pomatomus saltatrix) is the 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). Because
the Bluefish FMP is a joint plan with the Commission, the Commission
meets during the annual specification process to adopt complementary
measures.
In July 2007, the Monitoring Committee met to discuss the updated
estimates of bluefish stock biomass and project fishery yields for
2008. In August 2007, the Council approved the Monitoring Committee's
recommendations and the Commission's Bluefish Board (Board) adopted
complementary management measures. Detailed background information
regarding the status of the bluefish stock and the development of the
2008 specifications for this fishery was provided in the proposed
specifications (72 FR 73304, December 27, 2007). That information is
not repeated here.
RSA Quota
A request for proposals was published to solicit research proposals
to utilize RSA in 2006 based on research priorities identified by the
Council (December 27, 2006; 71 FR 77726). One research project that
would utilize bluefish RSA has been preliminarily approved by the RA
and forwarded to the NOAA Grants Office. Therefore, this final rule
implements a 50,000-lb (22,680-kg) RSA quota for the 2008 bluefish
fishery. If this project is not approved by the NOAA Grants Office, the
research quota associated with the disapproved proposal will be
restored to the bluefish TAL through publication in the Federal
Register.
Final Specifications
The FMP specifies that the bluefish stock is to be rebuilt to
BMSY over a 9-year period (i.e., by the year 2010). 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 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
2008), or the F estimated in the most recent fishing year (F2006
= 0.15), whichever is lower. Therefore, the 2008 recommendation is
based on an estimated F of 0.15. An overall TAC of 31.887 million lb
(14,464 mt) was recommended as the coast-wide TAC by the Council at its
August 2007 meeting to achieve the target fishing mortality rate (F =
0.15) in 2008, 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 2006 biomass estimate (307.5 million lb (139,496 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 2008 is derived by subtracting an estimate of discards
of 3.734 million lb (1,694 mt), the average discard level from 2000-
2006, from the TAC. After subtracting estimated discards, the 2008 TAL
will be 28.156 million lb (12,771 mt), approximately 1.4 percent
greater than the 2007 TAL. Based strictly on the percentages specified
in the FMP (17 percent commercial, 83 percent recreational), the
commercial quota for 2008 would be 4.787 million lb (2,171 mt), and the
RHL would be 23.370 million lb (10,600 mt) in 2008. 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.
Council Recommendation: Commercial Quota and Recreational Harvest Limit
As described in the proposed rule, based on the best information
available at the time, the Council recommended that 4.088 million lb
(1,854 mt) be transferred from the initial recreational allocation of
23.370 million lb (10,600 mt), resulting in a 2008 commercial quota of
8.875 million lb (4,026 mt) and a RHL of 19.281 million lb (8,746 mt).
These allocations were also recommended by the Commission to be
implemented by the states for fisheries within state waters.
Final 2008 Commercial Quota and Recreational Harvest Limit
Although the Council recommendation was based on the best
information available at the time, more recent information, which was
not available at the time of the Council's recommendation or at the
time of publication of the proposed rule, was used to develop a new
recreational landings projection for the 2008 fishing year. This new
recreational landings projection, when added to the commercial quota,
as adjusted by the proposed transfer of bluefish from the allowable
RHL, may cause the TAL to be exceeded. Such a result is inconsistent
with Sec. 648.160(c), which requires that the level of transfer be
constrained to a level that does not cause the TAL to be exceeded.
Based on data provided by the Marine Recreational Fisheries Statistic
Survey (MRFSS) program, projected recreational landings in 2007 were
approximately 20,414,621 lb (9,260 mt). Using this amount as the
[[Page 9959]]
most reasonable proxy for expected landings in 2008, this final rule
reduces the amount of the transfer from the recreational to the
commercial sector by 1,169,756 lb (531 mt), from 4,088,449 lb (1,854
mt) to 2,918,693 lb (1,324 mt), commensurate with the increase in
projected recreational landings. This results in a post-transfer
commercial quota of 7,705,244 lb (3,495 mt) and a recreational harvest
limit of 20,450,938 lb (9,276 mt). After adjusting for the RSA quota,
the resulting 2008 specifications include a commercial quota of
7,691,561 lb (3,489 mt) and a recreational harvest limit of 20,414,621
lb (9,260 mt). The RSA quota remains unchanged at 50,000 lb (22,680
kg).
Additional Adjustment for 2007 New York Overage
In accordance with the regulations at Sec. 648.160(e)(2), NMFS may
deduct any overages of the commercial quota landed in any state from
that state's annual quota for the following year. Updated landings
information for FY 2007 indicate a bluefish quota overage for New York
in the amount of 51,719 lb (23,459 kg). This final rule adjusts New
York's 2008 bluefish quota downward by this amount to 747,057 lb
(338,859 kg), to account for this overage.
Final State Commercial Allocations
The 2008 commercial quota is allocated by state as shown in Table
1, according to the percentages specified in the FMP. The table
accounts for New York's 2007 quota overage.
Table 1. Final Bluefish Commercial State-by-State Allocations for 2008\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Percent Share 2008 Commercial Quota (lb) RSA Deducted 2008 Commercial Quota (kg) RSA Deducted
--------------------------------------------------------------------------------------------------------------------------------------------------------
ME 0.6685 51,418 23,323
NH 0.4145 31,882 14,461
MA 6.7167 516,619 234,338
RI 6.8081 523,649 237,527
CT 1.2663 97,398 44,180
NY 10.3851 747,057 338.865
NJ 14.8162 1,139,595 516,920
DE 1.8782 144,463 65,528
MD 3.0018 230,885 104,730
VA 11.8795 913,716 414,462
NC 32.0608 2,465,973 1,118,565
SC 0.0352 2,707 1,228
GA 0.0095 731 331
FL 10.0597 773,748 350,972
Total 100.0001 7,639,842 3,465,432
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The sum of the individual states does not add up to the final commercial quota of 7,639,841 lb due to rounding.
Recreational Possession Limit
NMFS has approved the Council's recommendation to maintain the
current recreational possession limit of 15 fish per person to achieve
the RHL.
Comments and Responses
The public comment period on the proposed rule ended on January 28,
2008, with only one comment received.
Comment 1: The commenter suggested that the TAC be reduced by 50
percent initially, and by 10 percent in each subsequent year. The
commenter also suggested that a December 2007, hypothermal fish kill in
New Jersey had a detrimental impact on the overall bluefish population,
and that the scientific methods used to estimate bluefish biomass were
inaccurate.
Response: The commenter gave no specific rationale for why the
quotas should be reduced in the manner suggested, and there is no known
scientific basis for the commenter's suggestions. According to the New
Jersey Department of Environmental Protection, the December 2007 fish
kill near the Oyster Creek Nuclear Power Generating Station in Ocean
County, NJ, killed approximately 5,300 bluefish. Based upon estimates
of total bluefish abundance in the June 2007 Bluefish Assessment
Summary prepared by the Commission's Bluefish Stock Assessment Sub-
Committee, this kill represented less than 0.01 percent of the total
bluefish population in 2007 (89.2 million fish). The impact of the fish
kill is therefore negligible relative to the total bluefish stock. The
reasons presented by the Council and NMFS for recommending the final
2008 bluefish specifications are based on the best available science,
and are discussed in the preambles to both the proposed and final
rules. Sufficient analysis and scientific justification for NMFS's
action in this final rule are contained within the supporting
documents.
Classification
Pursuant to section 304 (b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this rule is
consistent with the Atlantic Bluefish FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law.
This final rule is exempt from review under Executive Order 12866.
Included in this final rule is the FRFA prepared pursuant to 5
U.S.C. 604(a). The FRFA incorporates the IRFA, a summary of the
significant issues raised by the public comments in response to the
IRFA, and NMFS's responses to those comments, and a summary of the
analyses completed to support the action. A copy of the EA/RIR/IRFA is
available from the Council (see ADDRESSES).
The preamble to the proposed rule included a detailed summary of
the analyses contained in the IRFA, and that discussion is not repeated
here.
Final Regulatory Flexibility Analysis
Statement of Objective and Need
A description of the reasons why this action is being taken, and
the objectives of and legal basis for these specifications are
explained in the preambles to the proposed rule and this final rule and
are not repeated here.
Summary of Significant Issues Raised in Public Comments
One comment was submitted on the proposed rule, but it 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 received.
[[Page 9960]]
Description and Estimate of Number of Small Entities to Which the Rule
will Apply
The Small Business Administration (SBA) defines small businesses in
the commercial fishing and recreational fishing sectors as firms with
receipts (gross revenues) of up to $4.0 million and $6.5 million,
respectively. No large entities participate in this fishery, as defined
in section 601 of the RFA. This rule could affect any vessels that fish
for bluefish in Federal or state waters. The final measures regarding
the 2008 quotas could affect any vessels holding an active Federal
permit for bluefish, as well as vessels that fish for this species in
state waters.
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 lb (0.45 kg) or more of bluefish during
calendar year 2006 (the last year for which there is complete data).
These dealer reports identified 725 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. South Atlantic Trip Ticket reports were used to
identify 820 vessels\1\ that landed bluefish in North Carolina and 567
vessels that landed bluefish on Florida's east coast. There were no
reported landings of bluefish in South Carolina in 2006, and bluefish
landings in Georgia were near zero, representing a negligible
proportion of the total bluefish landings along the Atlantic Coast in
2006.
---------------------------------------------------------------------------
\1\ Some of these vessels were identified in the Northeast
dealer data; therefore, double counting is possible.
---------------------------------------------------------------------------
In addition, it was estimated that, in recent years, approximately
2,063 party/charter vessels may have been active and/or caught
bluefish. All of these vessels are considered small entities under the
RFA, having gross receipts of less than $5 million annually. Since the
recreational possession limit 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 Act. The commercial
quota and RHL contained in this final rule are 13.2 percent lower and
6.1 percent higher, respectively, than the Council's preferred
alternative contained in the proposed rule. Although the commercial
quota under this new alternative is lower than the commercial quota
recommended by the Council, and lower than the FY 2007 commercial quota
of 8,574,939 lb (3,890 mt), it remains approximately 24 percent greater
than FY 2007 commercial landings (6,209,915 lb; 2,817 mt). All affected
states will receive reductions in their individual commercial quota
allocation in comparison to their respective 2007 individual state
allocations. However, the magnitude of the reduction varies depending
on the state's respective percent share in the total commercial quota,
as specified in the FMP, and depending on whether the state had any
overages from FY 2007 that needed to be accounted for in this final
rule (e.g., New York). NMFS considered a TAL that would have allowed a
higher allocation of quota to the commercial sector, but this
alternative, proposed by the Council, would have been inconsistent with
the goals and objectives of the FMP and the Magnuson-Stevens Act. The
new alternative, which will transfer less quota from the recreational
sector to the commercial sector than the alternative contained in the
proposed rule, is being implemented consistent with recent recreational
landings trends and should ensure that the 2008 RHL is not exceeded.
Furthermore, the RHL being implemented in this final rule is 8.5
percent higher than the RHL specified in FY 2007. In conclusion,
because the 2008 commercial quota being implemented in this final rule
is significantly greater than FY 2007 commercial landings, and the 2008
RHL represents an increase over the 2007 RHL, and because the revised
2008 RHL is consistent with recent trends in recreational landings, no
negative economic impacts are expected relative to the status quo and
the Council's preferred alternative.
The impacts on revenues of the proposed RSA were analyzed; the
social and economic impacts are minimal. Assuming that the full RSA of
50,000 lb (22,680 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.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a small entity compliance guide will be sent
to all holders of Federal permits issued for the Atlantic bluefish
fishery. In addition, copies of this final rule and guide (i.e., permit
holder letter) are available from NMFS (see ADDRESSES) and at the
following website: https://www.nero.noaa.gov.
Dated: February 19, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E8-3514 Filed 2-22-08; 8:45 am]
BILLING CODE 3510-22-S
