Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; Quota Transfer, 60986-60987 [E8-24415]
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60986
Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Rules and Regulations
HARVEST TABLE
5–year population averages
‘‘Intermediate’’
growth rate
‘‘High’’ growth rate
Less than 350 ......................................
350–399 ...............................................
400–449 ...............................................
450–499 ...............................................
500–524 ...............................................
525–549 ...............................................
8
9
10
14
16
550–574 ...............................................
20 strikes in 5 years
575–599 ...............................................
22 strikes in 5 years
600–624 ...............................................
24 strikes in 5 years
625–649 ...............................................
26 strikes in 5 years
650–699 ...............................................
28 strikes in 5 years
700–779 ...............................................
32 strikes in 5 years
780 + ....................................................
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(C) At the beginning of each 5–year
period, an Expected Mortality Limit is
determined from the Harvest Table
using the 5–year average abundance.
During the course of each calendar year,
the number of beach casts carcasses and
carcasses found floating either reported
to NMFS or observed by NMFS
personnel will be the number of
mortalities for that year. If at the end of
each calendar year this number exceeds
the Expected Mortality Limit, then an
unusual mortality event has occurred.
The Estimated Excess Mortalities will be
calculated as twice the number of
reported dead whales above the
Expected Mortality Limit. The harvest
will then be adjusted as follows:
(1) The harvest level for the remaining
years of the current 5–year period will
be recalculated by reducing the 5–year
average abundance from the previous 5–
year period by the Estimated Excess
Mortalities. The revised abundance
estimate would then be used in the
harvest table for the remaining years
and the harvest adjusted accordingly.
(2) For the subsequent 5–year period,
for the purpose of calculating the 5–year
average, the Estimated Excess
Mortalities would be subtracted from
the abundance estimates of the year of
the excess mortality event so that the
average would reflect the loss to the
VerDate Aug<31>2005
17:33 Oct 14, 2008
Jkt 217001
in
in
in
in
in
5
5
5
5
5
5
8
8
9
0
strikes in 5 years
strikes in 5 years
strikes in 5 years
strikes in 5 years
10 strikes in 5
years
15 strikes in 5
years
16 strikes in 5
years
17 strikes in 5
years
18 strikes in 5
years
19 strikes in 5
years
20 strikes in 5
years
Expected
Mortality
Limit
Consult with co-managers to expand harvest
levels while allowing for the population to
grow
strikes
strikes
strikes
strikes
strikes
0
years
years
years
years
years
‘‘Low’’ growth rate
0
years
years
years
years
years
21
24
27
30
32
5 strikes in 5 years
33
5 strikes in 5 years
35
6 strikes in 5 years
36
6 strikes in 5 years
38
7 strikes in 5 years
39
7 strikes in 5 years
42
5
5
5
5
5
strikes
strikes
strikes
strikes
strikes
in
in
in
in
in
5
5
5
5
5
population. This average would then be
used in the table to set the harvest level.
DATES:
[FR Doc. E8–24511 Filed 10–14–08; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
Emily Bryant, Fishery Management
Specialist, (978) 281–9244, fax (978)
281–9135.
SUPPLEMENTARY INFORMATION:
Regulations governing the Atlantic
bluefish fishery are found at 50 CFR part
648. The regulations require annual
specification of a commercial quota that
is apportioned among the coastal states
from Florida through Maine. The
process to set the annual commercial
quota and the percent allocated to each
state is described in § 648.160.
Two or more states, under mutual
agreement and with the concurrence of
the Administrator, Northeast Region,
NMFS (Regional Administrator), can
transfer or combine bluefish commercial
quota under § 648.160(f). The Regional
Administrator is required to consider
the criteria set forth in § 648.160(f)(1) in
the evaluation of requests for quota
transfers or combinations.
Florida has agreed to transfer 100,000
lb (45,359 kg) of its 2008 commercial
quota to New York. The Regional
Administrator has determined that the
criteria set forth in § 648.160(f)(1) have
been met. The revised bluefish quotas
for calendar year 2008 are: New York,
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 071212833–8179–02]
RIN 0648–XK90
Fisheries of the Northeastern United
States; Atlantic Bluefish Fishery;
Quota Transfer
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason quota
transfer.
AGENCY:
SUMMARY: NMFS announces that the
State of Florida is transferring
commercial bluefish quota to the State
of New York from its 2008 quota. By
this action, NMFS adjusts the quotas
and announces the revised commercial
quota for each state involved.
PO 00000
Frm 00048
Fmt 4700
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Effective Ocotber 9, 2008
through December 31, 2008.
E:\FR\FM\15OCR1.SGM
15OCR1
Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Rules and Regulations
947,057 lb (429,578 kg); and Florida,
673,748 lb (305,607 kg).
SUPPLEMENTARY INFORMATION:
Classification
This action is taken under 50 CFR
part 648 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 8, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E8–24415 Filed 10–9–08; 4:15 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 080225278–81191–02]
RIN 0648–AS96
Fisheries Off West Coast States; West
Coast Salmon Fisheries; Amendment
14; Essential Fish Habitat Descriptions
for Pacific Salmon
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
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AGENCY:
SUMMARY: NMFS issues this final rule to
implement Essential Fish Habitat (EFH)
identifications and descriptions for
Pacific salmon included in Amendment
14 to the Pacific Salmon Fishery
Management Plan (Salmon FMP). This
final rule codifies the EFH
identifications and descriptions for
freshwater and marine habitats of
Pacific salmon managed under the
Salmon FMP, including Chinook, coho,
and pink salmon. This action is
necessary to comply with an order
issued by the U.S. District Court for the
District of Idaho which directed NMFS
to codify the EFH identifications and
descriptions contained in Amendment
14 to the Salmon FMP.
DATES: Effective November 14, 2008.
ADDRESSES: Copies of the Record of
Decision, the Final Supplemental
Environmental Impact Statement, and
Amendment 14 to the Salmon FMP are
available at www.nwr.noaa.gov or from
D. Robert Lohn, Administrator,
Northwest Region, NMFS, 7600 Sand
Point Way NE, Seattle, WA 98115–0070,
phone: 206–526–6150.
FOR FURTHER INFORMATION CONTACT:
Steve Copps (Northwest Region, NMFS),
206–526–6140; fax: 206–526–6736.
VerDate Aug<31>2005
15:10 Oct 14, 2008
Jkt 214001
The Magnuson–Stevens Fishery
Conservation and Management Act
(Magnuson–Stevens Act) authorizes the
Secretary of Commerce (Secretary) to
regulate domestic fisheries within the
200–mile U.S. Exclusive Economic Zone
(EEZ) (16 U.S.C. 1811, 1853).
Conservation and management of fish
stocks is accomplished through Fishery
Management Plans (FMPs). Eight
regional fishery management councils
develop FMPs and amendments to those
plans for fisheries within their
jurisdiction (16 U.S.C. 1853). To be
effective, FMPs and FMP amendments
developed by the councils must be
approved by the Secretary and then
implemented through regulation (16
U.S.C. 1854). More information on the
FMP process can be found at 16 U.S.C.
1851–1854.
Essential Fish Habitat
The Magnuson–Stevens Act,
originally enacted in 1976, has been
amended several times. In 1996, the
Sustainable Fisheries Act (SFA)
amended the Magnuson–Stevens Act
adding provisions intended to end
overfishing and rebuild overfished
fisheries, reduce bycatch, and assess
and minimize the impacts of
management measures on fishing
communities. Congress articulated in its
findings that one of the greatest long–
term threats to the viability of
commercial and recreational fisheries is
the continuing loss of marine, estuarine,
and other aquatic habitats. Habitat
considerations should receive increased
attention for the conservation and
management of fishery resources of the
United States (16 U.S.C. 1801(a)(9)). In
making such findings, Congress
declared one of the purposes of the
Magnuson–Stevens Act to be the
promotion of ‘‘the protection of [EFH] in
the review of projects conducted under
Federal permits, licenses, or other
authorities that affect or have the
potential to affect such habitat’’ (16
U.S.C. 1801(b)(7)). To ensure habitat
considerations receive increased
attention for the conservation and
management of fishery resources, the
amended Magnuson–Stevens Act
required each existing, and any new,
FMP to: describe and identify essential
fish habitat for the fishery based on the
guidelines established by the Secretary
under section 1855(b)(1)(A) of this title;
minimize to the extent practicable
adverse effects on such habitat caused
by fishing; and, identify other actions to
encourage the conservation and
enhancement of such habitat (16 U.S.C.
1853(a)(7)). ‘‘EFH’’ is defined in the
Magnuson–Stevens Act as ‘‘those waters
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Fmt 4700
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60987
and substrate necessary to fish for
spawning, breeding, feeding, or growth
to maturity’’ (16 U.S.C. 1802(10)).
The EFH regulations (50 CFR 600.815)
establish additional guidance to the
councils on how to identify and
describe EFH. The regulations indicate
that councils should obtain information
to describe and identify EFH from the
best available sources, including peer
reviewed literature, unpublished
scientific reports, data files of
government resource agencies, fisheries
landing reports, and other sources of
information.
The regulations identify four
classification levels to organize
available information relevant to EFH
identifications and descriptions. Level 1
information is limited to species
distributional data; level 2 information
includes habitat–related densities; level
3 includes growth, reproduction or
survival rates within habitats; and level
4 consists of production rates by habitat.
Councils are encouraged to identify and
describe EFH based on the highest level
of detail (i.e., level 4). The EFH
regulations (50 CFR 600.815, subpart J)
provide a complete description of each
of these levels as well as guidance on
how the councils should analyze the
available information.
To establish EFH, the regulations
advise the councils to interpret the
available information in a ‘‘risk–averse
fashion to ensure adequate areas are
identified as EFH for managed species’’
(50 CFR 600.815(a)(1)(iv)(A)). For
Pacific salmon, the Pacific Fishery
Management Council (Pacific Council)
obtained information at all four levels
for certain freshwater areas, and the first
three levels of information for the
estuaries; only the first level of
information was available for marine
areas.
Amendment 14 to the Pacific Salmon
Fishery Management Plan
The Secretary approved the Salmon
FMP under the Magnuson–Stevens Act,
(16 U.S.C. 1801 et seq.), in 1978. The
Pacific Council has amended the
Salmon FMP 14 times since 1978. The
Pacific Council identified and described
EFH for Pacific Salmon in Amendment
14 to the Salmon FMP and submitted it
on June 12, 2000 for Secretarial review.
Following a public comment period, the
Secretary approved Amendment 14 on
September 27, 2000. NMFS codified
some, but not all, components of
Amendment 14. The Pacific Salmon
EFH descriptions and identifications,
however, were not codified.
In September of 2003, the U.S. District
Court for the District of Idaho (Court)
(Case No. CV02–C–EJL) held that the
E:\FR\FM\15OCR1.SGM
15OCR1
]]>Agencies
[Federal Register Volume 73, Number 200 (Wednesday, October 15, 2008)]
[Rules and Regulations]
[Pages 60986-60987]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24415]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 071212833-8179-02]
RIN 0648-XK90
Fisheries of the Northeastern United States; Atlantic Bluefish
Fishery; Quota Transfer
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason quota transfer.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the State of Florida is transferring
commercial bluefish quota to the State of New York from its 2008 quota.
By this action, NMFS adjusts the quotas and announces the revised
commercial quota for each state involved.
DATES: Effective Ocotber 9, 2008 through December 31, 2008.
FOR FURTHER INFORMATION CONTACT: Emily Bryant, Fishery Management
Specialist, (978) 281-9244, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION: Regulations governing the Atlantic bluefish
fishery are found at 50 CFR part 648. The regulations require annual
specification of a commercial quota that is apportioned among the
coastal states from Florida through Maine. The process to set the
annual commercial quota and the percent allocated to each state is
described in Sec. 648.160.
Two or more states, under mutual agreement and with the concurrence
of the Administrator, Northeast Region, NMFS (Regional Administrator),
can transfer or combine bluefish commercial quota under Sec.
648.160(f). The Regional Administrator is required to consider the
criteria set forth in Sec. 648.160(f)(1) in the evaluation of requests
for quota transfers or combinations.
Florida has agreed to transfer 100,000 lb (45,359 kg) of its 2008
commercial quota to New York. The Regional Administrator has determined
that the criteria set forth in Sec. 648.160(f)(1) have been met. The
revised bluefish quotas for calendar year 2008 are: New York,
[[Page 60987]]
947,057 lb (429,578 kg); and Florida, 673,748 lb (305,607 kg).
Classification
This action is taken under 50 CFR part 648 and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 8, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E8-24415 Filed 10-9-08; 4:15 pm]
BILLING CODE 3510-22-S
