Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; 2009 Atlantic Bluefish Specifications, 20423-20426 [E9-10170]
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Federal Register / Vol. 74, No. 84 / Monday, May 4, 2009 / Rules and Regulations
as noted in paragraph (b) of this section.
The Director may request a Federal
agency to enter into consultation if he
identifies any action of that agency that
may affect listed species or critical
habitat and for which there has been no
consultation. When such a request is
made, the Director shall forward to the
Federal agency a written explanation of
the basis for the request.
(b) Exceptions. (1) A Federal agency
need not initiate formal consultation if,
as a result of the preparation of a
biological assessment under § 402.12 or
as a result of informal consultation with
the Service under § 402.13, the Federal
agency determines, with the written
concurrence of the Director, that the
proposed action is not likely to
adversely affect any listed species or
critical habitat.
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*
*
*
*
activities that are interrelated or
interdependent with that action, that
will be added to the environmental
baseline. The environmental baseline
includes the past and present impacts of
all Federal, State, or private actions and
other human activities in the action
area, the anticipated impacts of all
proposed Federal projects in the action
area that have already undergone formal
or early section 7 consultation, and the
impact of State or private actions which
are contemporaneous with the
consultation in process. Indirect effects
are those that are caused by the
proposed action and are later in time,
but still are reasonably certain to occur.
Interrelated actions are those that are
part of a larger action and depend on the
larger action for their justification.
Interdependent actions are those that
have no independent utility apart from
the action under consideration.
[FR Doc. E9–10203 Filed 5–1–09; 8:45 am]
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3. Revise § 402.03 to read as follows:
§ 402.03
Informal consultation.
5. In § 402.14, revise paragraphs (a)
and (b)(1) to read as follows:
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Formal consultation.
(a) Requirement for formal
consultation. Each Federal agency shall
review its actions at the earliest possible
time to determine whether any action
may affect listed species or critical
habitat. If such a determination is made,
formal consultation is required, except
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National Oceanic and Atmospheric
Administration
The regulations implementing the
FMP are prepared by the Mid-Atlantic
Fishery Management Council (Council)
and appear at 50 CFR part 648, subparts
A and J. Regulations requiring annual
specifications are found at § 648.160.
The management unit for bluefish
(Pomatomus saltatrix) is U.S. waters of
the western Atlantic Ocean.
The FMP requires that the Council
recommend, on an annual basis, total
allowable landings (TAL) for the fishery,
consisting of a commercial quota and
recreational harvest limit (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) and Scientific and
Statistical Committee (SSC) 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 and SSC, the
Council makes a recommendation to the
NMFS Northeast Regional
Administrator (RA). This FMP is a joint
plan with the Atlantic States Marine
Fisheries Commission (Commission);
therefore, the Commission meets during
50 CFR Part 648
RIN 0648–AX49
■
VerDate Nov<24>2008
Background
[Docket No. 090206144–9697–02]
(a) Informal consultation is an
optional process that includes all
discussions, correspondence, etc.,
between the Service and the Federal
agency or the designated non-Federal
representative, designed to assist the
Federal agency in determining whether
formal consultation or a conference is
required. If during informal consultation
it is determined by the Federal agency,
with the written concurrence of the
Service, that the action is not likely to
adversely affect listed species or critical
habitat, the consultation process is
terminated, and no further action is
necessary.
(b) During informal consultation, the
Service may suggest modifications to
the action that the Federal agency and
any applicant could implement to avoid
the likelihood of adverse effects to listed
species or critical habitat.
§ 402.14
FOR FURTHER INFORMATION CONTACT:
Tobey Curtis, Fishery Policy Analyst,
(978) 281–9273.
DEPARTMENT OF COMMERCE
Applicability.
4. Revise § 402.13 to read as follows:
§ 402.13
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
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, 55 Great Republic Drive,
Gloucester, MA 01930 2298, and on the
Northeast Regional Office’s website at
https://www.nero.noaa.gov.
SUPPLEMENTARY INFORMATION:
Section 7 and the requirements of this
part apply to all actions in which there
is discretionary Federal involvement or
control.
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20423
Fisheries of the Northeastern United
States; Atlantic Bluefish Fishery; 2009
Atlantic Bluefish Specifications
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; final specifications
for the 2009 Atlantic bluefish fishery.
SUMMARY: NMFS issues final
specifications for the 2009 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 2009 harvest
levels and possession limits to attain the
target fishing mortality rate (F),
consistent with the Atlantic Bluefish
Fishery Management Plan (FMP).
DATES: Effective June 3, 2009, through
December 31, 2009.
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
PO 00000
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Federal Register / Vol. 74, No. 84 / Monday, May 4, 2009 / Rules and Regulations
the annual specification process to
adopt complementary measures.
The Council’s recommendations must
include supporting documentation
concerning the environmental,
economic, and social impacts of the
recommendations. NMFS is responsible
for reviewing these recommendations to
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 publishes final specifications in
the Federal Register.
In July 2008, the Monitoring
Committee and SSC met to discuss the
updated estimates of bluefish stock
biomass and project fishery yields for
2009. Based on the updated 2007
estimate of bluefish stock biomass, the
bluefish stock is not considered
overfished: B2007 = 339.2 million lb
(153,843 mt) is greater than the
minimum biomass threshold, 1⁄2 BMSY =
162 million lb (73,526 mt), and is
actually above BMSY. The bluefish stock,
therefore, appears to be fully rebuilt.
Estimates of fishing mortality have
declined from 0.41 in 1991 to 0.15 in
2007. The new model results also
conclude that the Atlantic stock of
bluefish is not experiencing overfishing;
i.e., the most recent F (F2007 = 0.15) is
less than the maximum F overfishing
threshold specified by SARC–41 (FMSY =
0.19). Detailed background information
regarding the stock assessment process
for bluefish and the development of the
2009 specifications for this fishery was
provided in the proposed specifications
(74 FR 9072, March 2, 2009), and is not
repeated here. In August 2008, the
Council approved the SSC and
Monitoring Committee’s
recommendations and the Commission’s
Bluefish Board (Board) adopted
complementary management measures.
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Final Specifications
2009 TAL
The FMP specifies that the bluefish
stock is to be rebuilt to BMSY over a 9year 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 harvested 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
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15:04 May 01, 2009
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schedule specified in the FMP (0.31 for
2009), or the F estimated in the most
recent fishing year (F2007 = 0.15),
whichever is lower. Therefore, the 2009
recommendation is based on an
estimated F of 0.15. An overall TAC of
34.081 million lb (15,459 mt) was
recommended as the coast-wide TAC by
the Council at its August 2008 meeting
to achieve the target F, (F = 0.15) in
2009, and to ensure that the bluefish
stock continues to remain above the
long-term biomass target, BMSY.
The TAL for 2009 is derived by
subtracting an estimate of discards of
4.725 million lb (2,143 mt), the average
discard level from 2005–2007, from the
TAC. After subtracting estimated
discards, the 2009 TAL would be
approximately 4 percent greater than the
2008 TAL, or 29.356 million lb (13,316
mt). Based strictly on the percentages
specified in the FMP (17 percent
commercial, 83 percent recreational),
the commercial quota for 2009 would be
4.991 million lb (2,227 mt), and the RHL
would be 24.366 million lb (11,052 mt)
in 2009. In addition, up to 3 percent of
the TAL may be allocated as RSA quota.
The discussion below describes the
allocation of TAL between the
commercial and recreational sectors,
and the proportional adjustments to
account for the recommended bluefish
RSA Quota.
Final Commercial Quota, RHL, and
RSA quota
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 in July
2008, Council staff estimated projected
recreational landings for the 2009
fishing year by using simple linear
regression of the recent (2001–2007)
temporal trends in recreational
landings. At that time, recreational
landings were projected to reach 24.719
million lb (11,212 mt) in 2009.
Therefore, projected 2009 recreational
landings were slightly greater than the
initial 2009 RHL. As such, a transfer of
quota to the commercial sector could
not occur based on those data. Any
amount of transfer would likely have
caused the TAL to be exceeded. This
option, therefore, represented the
preferred alternative recommended by
the Council in its draft specifications
document.
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However, the Council also
recommended that, if later projections
based on more complete data indicated
that recreational harvest would be
below 83 percent of the TAL, the
difference be transferred to the
commercial sector in the final
specifications. NMFS Northeast
Regional Office staff recently updated
the recreational harvest projection using
Marine Recreational Fisheries Statistics
Survey (MRFSS) data through Wave 5 of
2008, and estimated the recreational
harvest to be approximately 19.528
million lb (8,858 mt), or 67 percent of
the TAL. Following the Council’s
recommendation, this would allow for a
transfer to the commercial fishery of
4.838 million lb (2,194 mt), increasing
the commercial quota from 4.991
million lb (2,227 mt) to 9.828 million lb
(4,458 mt). This commercial quota is 27
percent greater than the 2008 quota, and
86 percent greater than actual 2008
commercial landings.
A request for proposals was published
to solicit research proposals to utilize
RSA in 2008 based on research
priorities identified by the Council
(February 8, 2008; 73 FR 7528).
Oneresearch project that would utilize
bluefish RSA has been preliminarily
approved by the RA and forwarded to
the NOAA Grants Office. Therefore, a
97,750–lb (44,339–kg) RSA quota is
approved for use by this project, or
other potential research projects, during
2009. This final rule does not represent
NOAA’s approval of any RSA-related
grant award, which will be included in
a separate action. Consistent with the
allocation of the bluefish RSA, the final
commercial quota for 2009 is 9,730,601
lb (4,414 mt), the final RHL is
19,528,060 lb (8,858 mt), and the RSA
quota is 97,750 lb (44,339 kg).
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.
Final State Commercial Allocations
The final state commercial allocations
for the 2009 commercial quota are
shown in Table 1, based on the
percentages specified in the FMP. In
accordance with the regulations at
§ 648.160(e)(2), NMFS shall 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
2008 indicate a bluefish quota overage
for New York in the amount of 34,149
lb (15,490 kg). This final rule adjusts
New York’s 2009 bluefish quota
downward by this amount, to 976,384 lb
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(442,880 kg), to account for this overage.
The table below includes the adjustment
for New York’s 2008 quota overage.
TABLE 1. FINAL BLUEFISH COMMERCIAL STATE-BY-STATE ALLOCATIONS
FOR 2009 (INCLUDING RSA DEDUCTIONS).
Percent
Share
2009 Commercial
Quota (lb)
2009 Commercial
Quota (kg)
ME
0.6685
65,049
29,506
NH
0.4145
40,333
18,295
MA
6.7167
653,575
296,462
RI
6.8081
662,469
300,496
CT
1.2663
123,219
55,892
NY
10.3851
976,384
442,888
NJ
14.8162
1,441,702
653,956
DE
1.8782
182,760
82,900
MD
3.0018
292,093
132,493
VA
11.8795
1,155,945
524,337
NC
32.0608
3,119,709
1,415,100
SC
0.0352
3,425
1,554
GA
0.0095
924
419
FL
10.0597
978,869
444,015
Total
100.0001
9,696,457
4,398,313
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State
Comments and Responses
The public comment period on the
proposed rule ended on March 17, 2009,
with three comments received.
Comment 1: One commenter
suggested that the bluefish quotas
should be reduced by 50 percent, based
on the notion that commercial fisheries
are causing bluefish, and other species,
to become extinct.
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
suggestion that bluefish are at risk of
extinction. The reasons presented by the
Council and NMFS for recommending
the final 2009 bluefish specifications are
based on the best scientific information
available, and are discussed in the
preambles to both the proposed and
final rules. Bluefish are not considered
overfished or subject to overfishing, and
biomass appears to be at its highest level
in 20 years. Sufficient analysis and
scientific justification for NMFS’s action
in this final rule are contained within
the supporting documents.
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Comment 2: Two commenters were
supportive of the proposed
specifications and increased commercial
quotas. They further agreed, based on
personal observations, that the bluefish
resource appears to be healthy.
Response: As stated above, NMFS
used the best scientific information
available, and selected specifications for
the bluefish fishery that are consistent
with the FMP and the recommendations
of the Council. The 2009 commercial
bluefish quotas implemented through
this final rule will allow for increased
fishing opportunities compared to 2008,
while maintaining the conservation
objectives of the FMP.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the Assistant
Administrator for Fisheries, NOAA, 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 E.O. 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
Three comments were submitted on
the proposed rule, but none were
specific to the IRFA or the economic
effects of the rule. NMFS has responded
to the comments 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
comments received.
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20425
Description and Estimated 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.
Therefore, there are no disproportionate
effects on small versus large entities.
Information on costs in the fishery are
not readily available and individual
vessel profitability cannot be
determined directly. Therefore, changes
in gross revenues were used as a proxy
for profitability. In the absence of
quantitative data, qualitative analyses
were conducted.
The participants in the commercial
sector were defined using two sets of
data. First, the Northeast dealer reports
were used to identify any vessel that
reported having landed 1 lb (0.45 kg) or
more of bluefish during calendar year
2007 (the last year for which there are
complete data). These dealer reports
identified 709 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 856
vessels1 that landed bluefish in North
Carolina, and 586 vessels that landed
bluefish on Florida’s east coast. Bluefish
landings in South Carolina and Georgia
were near zero, representing a negligible
proportion of the total bluefish landings
along the Atlantic Coast in 2007.
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.
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
contained in this final rule is 27 percent
higher than the 2008 commercial quota,
and 86 percent higher than actual 2008
commercial bluefish landings. All
affected states will receive increases in
their individual commercial quota
allocations in comparison to their
respective 2008 individual state
allocations, which may result in
positive economic impacts for
commercial bluefish fishery
participants.
The RHL contained in this final rule
is approximately 4 percent lower than
the RHL in 2008. The small reduction in
RHL is a reflection of a declining trend
in recreational bluefish harvest in recent
years. Since the 2009 RHL is set equal
to the total projected recreational
bluefish harvest for 2009, it does not
constrain recreational bluefish harvest
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below a level that the fishery is
anticipated to achieve. Furthermore, the
possession limit for bluefish remains at
15 fish per person. Therefore, no
negative economic impacts on the
recreational fishery are anticipated.
The impacts on revenues of the
proposed RSA were analyzed; the social
and economic impacts are minimal.
Assuming that the full RSA of 97,750 lb
(44,339 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. In
conclusion, because the 2009
commercial quota being implemented in
this final rule is greater than the 2008
commercial quota, the 2009 RHL is
consistent with recent trends in
recreational landings, and the impacts
of the RSA quota will be minimal, no
negative economic impacts are expected
relative to the status quo.
Small Entity Compliance Guide
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
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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.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 27, 2009.
John Oliver,
Deputy Assistant Administrator For
Operations, National Marine Fisheries
Service.
[FR Doc. E9–10170 Filed 5–1–09; 8:45 am]
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]]>Agencies
[Federal Register Volume 74, Number 84 (Monday, May 4, 2009)]
[Rules and Regulations]
[Pages 20423-20426]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10170]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 090206144-9697-02]
RIN 0648-AX49
Fisheries of the Northeastern United States; Atlantic Bluefish
Fishery; 2009 Atlantic Bluefish Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; final specifications for the 2009 Atlantic bluefish
fishery.
-----------------------------------------------------------------------
SUMMARY: NMFS issues final specifications for the 2009 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 2009 harvest
levels and possession limits to attain the target fishing mortality
rate (F), consistent with the Atlantic Bluefish Fishery Management Plan
(FMP).
DATES: Effective June 3, 2009, through December 31, 2009.
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 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, 55 Great Republic 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 regulations implementing the 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) and Scientific and
Statistical Committee (SSC) 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 and SSC, the Council makes a recommendation to the NMFS
Northeast Regional Administrator (RA). This FMP is a joint plan with
the Atlantic States Marine Fisheries Commission (Commission);
therefore, the Commission meets during
[[Page 20424]]
the annual specification process to adopt complementary measures.
The Council's recommendations must include supporting documentation
concerning the environmental, economic, and social impacts of the
recommendations. NMFS is responsible for reviewing these
recommendations to 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
publishes final specifications in the Federal Register.
In July 2008, the Monitoring Committee and SSC met to discuss the
updated estimates of bluefish stock biomass and project fishery yields
for 2009. Based on the updated 2007 estimate of bluefish stock biomass,
the bluefish stock is not considered overfished: B2007 =
339.2 million lb (153,843 mt) is greater than the minimum biomass
threshold, \1/2\ BMSY = 162 million lb (73,526 mt), and is
actually above BMSY. The bluefish stock, therefore, appears
to be fully rebuilt. Estimates of fishing mortality have declined from
0.41 in 1991 to 0.15 in 2007. The new model results also conclude that
the Atlantic stock of bluefish is not experiencing overfishing; i.e.,
the most recent F (F2007 = 0.15) is less than the maximum F
overfishing threshold specified by SARC-41 (FMSY = 0.19).
Detailed background information regarding the stock assessment process
for bluefish and the development of the 2009 specifications for this
fishery was provided in the proposed specifications (74 FR 9072, March
2, 2009), and is not repeated here. In August 2008, the Council
approved the SSC and Monitoring Committee's recommendations and the
Commission's Bluefish Board (Board) adopted complementary management
measures.
Final Specifications
2009 TAL
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 harvested 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 2009), or the F estimated in the most recent fishing year
(F2007 = 0.15), whichever is lower. Therefore, the 2009
recommendation is based on an estimated F of 0.15. An overall TAC of
34.081 million lb (15,459 mt) was recommended as the coast-wide TAC by
the Council at its August 2008 meeting to achieve the target F, (F =
0.15) in 2009, and to ensure that the bluefish stock continues to
remain above the long-term biomass target, BMSY.
The TAL for 2009 is derived by subtracting an estimate of discards
of 4.725 million lb (2,143 mt), the average discard level from 2005-
2007, from the TAC. After subtracting estimated discards, the 2009 TAL
would be approximately 4 percent greater than the 2008 TAL, or 29.356
million lb (13,316 mt). Based strictly on the percentages specified in
the FMP (17 percent commercial, 83 percent recreational), the
commercial quota for 2009 would be 4.991 million lb (2,227 mt), and the
RHL would be 24.366 million lb (11,052 mt) in 2009. In addition, up to
3 percent of the TAL may be allocated as RSA quota. The discussion
below describes the allocation of TAL between the commercial and
recreational sectors, and the proportional adjustments to account for
the recommended bluefish RSA Quota.
Final Commercial Quota, RHL, and RSA quota
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 in July 2008, Council staff estimated
projected recreational landings for the 2009 fishing year by using
simple linear regression of the recent (2001-2007) temporal trends in
recreational landings. At that time, recreational landings were
projected to reach 24.719 million lb (11,212 mt) in 2009. Therefore,
projected 2009 recreational landings were slightly greater than the
initial 2009 RHL. As such, a transfer of quota to the commercial sector
could not occur based on those data. Any amount of transfer would
likely have caused the TAL to be exceeded. This option, therefore,
represented the preferred alternative recommended by the Council in its
draft specifications document.
However, the Council also recommended that, if later projections
based on more complete data indicated that recreational harvest would
be below 83 percent of the TAL, the difference be transferred to the
commercial sector in the final specifications. NMFS Northeast Regional
Office staff recently updated the recreational harvest projection using
Marine Recreational Fisheries Statistics Survey (MRFSS) data through
Wave 5 of 2008, and estimated the recreational harvest to be
approximately 19.528 million lb (8,858 mt), or 67 percent of the TAL.
Following the Council's recommendation, this would allow for a transfer
to the commercial fishery of 4.838 million lb (2,194 mt), increasing
the commercial quota from 4.991 million lb (2,227 mt) to 9.828 million
lb (4,458 mt). This commercial quota is 27 percent greater than the
2008 quota, and 86 percent greater than actual 2008 commercial
landings.
A request for proposals was published to solicit research proposals
to utilize RSA in 2008 based on research priorities identified by the
Council (February 8, 2008; 73 FR 7528). Oneresearch project that would
utilize bluefish RSA has been preliminarily approved by the RA and
forwarded to the NOAA Grants Office. Therefore, a 97,750-lb (44,339-kg)
RSA quota is approved for use by this project, or other potential
research projects, during 2009. This final rule does not represent
NOAA's approval of any RSA-related grant award, which will be included
in a separate action. Consistent with the allocation of the bluefish
RSA, the final commercial quota for 2009 is 9,730,601 lb (4,414 mt),
the final RHL is 19,528,060 lb (8,858 mt), and the RSA quota is 97,750
lb (44,339 kg).
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.
Final State Commercial Allocations
The final state commercial allocations for the 2009 commercial
quota are shown in Table 1, based on the percentages specified in the
FMP. In accordance with the regulations at Sec. 648.160(e)(2), NMFS
shall 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 2008 indicate a bluefish quota overage for New York
in the amount of 34,149 lb (15,490 kg). This final rule adjusts New
York's 2009 bluefish quota downward by this amount, to 976,384 lb
[[Page 20425]]
(442,880 kg), to account for this overage. The table below includes the
adjustment for New York's 2008 quota overage.
Table 1. Final Bluefish Commercial State-by-State Allocations for 2009
(including RSA deductions).
------------------------------------------------------------------------
2009 2009
State Percent Commercial Commercial
Share Quota (lb) Quota (kg)
------------------------------------------------------------------------
ME 0.6685 65,049 29,506
------------------------------------------------------------------------
NH 0.4145 40,333 18,295
------------------------------------------------------------------------
MA 6.7167 653,575 296,462
------------------------------------------------------------------------
RI 6.8081 662,469 300,496
------------------------------------------------------------------------
CT 1.2663 123,219 55,892
------------------------------------------------------------------------
NY 10.3851 976,384 442,888
------------------------------------------------------------------------
NJ 14.8162 1,441,702 653,956
------------------------------------------------------------------------
DE 1.8782 182,760 82,900
------------------------------------------------------------------------
MD 3.0018 292,093 132,493
------------------------------------------------------------------------
VA 11.8795 1,155,945 524,337
------------------------------------------------------------------------
NC 32.0608 3,119,709 1,415,100
------------------------------------------------------------------------
SC 0.0352 3,425 1,554
------------------------------------------------------------------------
GA 0.0095 924 419
------------------------------------------------------------------------
FL 10.0597 978,869 444,015
------------------------------------------------------------------------
Total 100.0001 9,696,457 4,398,313
------------------------------------------------------------------------
Comments and Responses
The public comment period on the proposed rule ended on March 17,
2009, with three comments received.
Comment 1: One commenter suggested that the bluefish quotas should
be reduced by 50 percent, based on the notion that commercial fisheries
are causing bluefish, and other species, to become extinct.
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 suggestion that bluefish are at
risk of extinction. The reasons presented by the Council and NMFS for
recommending the final 2009 bluefish specifications are based on the
best scientific information available, and are discussed in the
preambles to both the proposed and final rules. Bluefish are not
considered overfished or subject to overfishing, and biomass appears to
be at its highest level in 20 years. Sufficient analysis and scientific
justification for NMFS's action in this final rule are contained within
the supporting documents.
Comment 2: Two commenters were supportive of the proposed
specifications and increased commercial quotas. They further agreed,
based on personal observations, that the bluefish resource appears to
be healthy.
Response: As stated above, NMFS used the best scientific
information available, and selected specifications for the bluefish
fishery that are consistent with the FMP and the recommendations of the
Council. The 2009 commercial bluefish quotas implemented through this
final rule will allow for increased fishing opportunities compared to
2008, while maintaining the conservation objectives of the FMP.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
Assistant Administrator for Fisheries, NOAA, 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 E.O. 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
Three comments were submitted on the proposed rule, but none were
specific to the IRFA or the economic effects of the rule. NMFS has
responded to the comments 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 comments received.
Description and Estimated 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. Therefore, there are no disproportionate
effects on small versus large entities. Information on costs in the
fishery are not readily available and individual vessel profitability
cannot be determined directly. Therefore, changes in gross revenues
were used as a proxy for profitability. In the absence of quantitative
data, qualitative analyses were conducted.
The participants in the commercial sector were defined using two
sets of data. First, the Northeast dealer reports were used to identify
any vessel that reported having landed 1 lb (0.45 kg) or more of
bluefish during calendar year 2007 (the last year for which there are
complete data). These dealer reports identified 709 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 856 vessels\1\ that landed bluefish in North Carolina,
and 586 vessels that landed bluefish on Florida's east coast. Bluefish
landings in South Carolina and Georgia were near zero, representing a
negligible proportion of the total bluefish landings along the Atlantic
Coast in 2007.
---------------------------------------------------------------------------
\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.
[[Page 20426]]
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 contained in this final rule is 27 percent higher than the 2008
commercial quota, and 86 percent higher than actual 2008 commercial
bluefish landings. All affected states will receive increases in their
individual commercial quota allocations in comparison to their
respective 2008 individual state allocations, which may result in
positive economic impacts for commercial bluefish fishery participants.
The RHL contained in this final rule is approximately 4 percent
lower than the RHL in 2008. The small reduction in RHL is a reflection
of a declining trend in recreational bluefish harvest in recent years.
Since the 2009 RHL is set equal to the total projected recreational
bluefish harvest for 2009, it does not constrain recreational bluefish
harvest below a level that the fishery is anticipated to achieve.
Furthermore, the possession limit for bluefish remains at 15 fish per
person. Therefore, no negative economic impacts on the recreational
fishery are anticipated.
The impacts on revenues of the proposed RSA were analyzed; the
social and economic impacts are minimal. Assuming that the full RSA of
97,750 lb (44,339 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.
In conclusion, because the 2009 commercial quota being implemented in
this final rule is greater than the 2008 commercial quota, the 2009 RHL
is consistent with recent trends in recreational landings, and the
impacts of the RSA quota will be minimal, no negative economic impacts
are expected relative to the status quo.
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.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 27, 2009.
John Oliver,
Deputy Assistant Administrator For Operations, National Marine
Fisheries Service.
[FR Doc. E9-10170 Filed 5-1-09; 8:45 am]
BILLING CODE 3510-22-S
