Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; 2010 Atlantic Bluefish Specifications, 27221-27224 [2010-11611]
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Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations
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 the target TAC and
corresponding fleet DAS allocation is
constrained by the conservation
objectives of the FMP, under the
authority of the Magnuson-Stevens Act.
The target TAC contained in this final
rule is equal to the FY 2009 target TAC,
and roughly 20 percent higher than
actual FY 2009 commercial red crab
landings. Whereas a limited market has
been responsible for the shortfall in
landings compared to the target TAC,
red crab vessel owners have invested
heavily in a new processing plant in
New Bedford, MA, and have developed
new marketing outlets with hopes to
increase demand for their product.
Further, the Council considered three
alternatives, and this rule implements
the alternative that has the highest target
TAC and DAS allocation that is
consistent with both the FMP and the
best available science.
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 red crab 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.
emcdonald on DSK2BSOYB1PROD with RULES
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 10, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
For the reasons stated in the preamble,
50 CFR part 648 is amended as follows:
■
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PART 648--FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.4, paragraph
(a)(13)(i)(B)(2)(ii) is revised to read as
follows:
■
§ 648.4
Vessel permits.
(a) * * *
(13) * * *
(i) * * *
(B) * * *
(2) * * *
(ii) A limited-access permit holder
may choose to declare out of the red
crab fishery for the next fishing year by
submitting a binding declaration on a
form supplied by the Regional
Administrator, which must be received
by NMFS at least 180 days before the
last day of the current fishing year.
NMFS will presume that a vessel
intends to fish during the next fishing
year unless such binding declaration is
received at least 180 days before the last
day of the current fishing year. Any
limited-access permit holder who has
submitted a binding declaration must
submit either a new binding declaration
or a renewal application for the year
after which they were declared out of
the fishery. For the 2010 fishing year
only, the 6–month notification
requirement is waived, and a vessel may
be declared out of the fishery at any
time prior to fishing under a limited
access red crab DAS during the 2010
fishing year.
*
*
*
*
*
■ 3. In § 648.260, paragraph (a)(1) is
revised to read as follows:
§ 648.260
Specifications.
(a) * * *
(1) Target total allowable catch. The
target TAC for each fishing year will be
3.56 million lb (1,615 mt), unless
modified pursuant to this paragraph.
*
*
*
*
*
■ 4. In § 648.262, paragraph (b)(2) is
revised to read as follows:
§ 648.262 Effort-control program for red
crab limited access vessels.
*
*
*
*
*
(b) * * *
(2) For fishing years 2010 and
thereafter. Each limited access permit
holder shall be allocated 116 DAS
unless one or more vessels declares out
of the fishery consistent with
§ 648.4(a)(13)(i)(B)(2)(ii) or the TAC is
adjusted consistent with § 648.260.
*
*
*
*
*
[FR Doc. 2010–11613 Filed 5–13–10; 8:45 am]
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27221
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 100204079–0199–02]
RIN 0648–XQ49
Fisheries of the Northeastern United
States; Atlantic Bluefish Fishery; 2010
Atlantic Bluefish Specifications
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; final specifications
for the 2010 Atlantic bluefish fishery.
SUMMARY: NMFS issues final
specifications for the 2010 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 U.S. The intent
of these specifications is to establish the
allowable 2010 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 14, 2010, through
December 31, 2010.
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:
Sarah Heil, Fishery Management
Specialist, (978) 281–9257.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations
Background
The Atlantic bluefish fishery is
managed cooperatively by the MidAtlantic Fishery Management Council
(Council) and the Atlantic States Marine
Fisheries Commission (Commission).
The management unit for bluefish
specified in the FMP is U.S. waters of
the western Atlantic Ocean. Regulations
implementing the FMP appear at 50
CFR part 648, subparts A and J.
Regulations requiring annual
specifications are found at § 648.160.
The FMP requires the Council to
recommend, on an annual basis, a total
allowable catch (TAC) and total
allowable landings (TAL) that will
control fishing mortality. Estimates of
stock size, coupled with the target F,
allow for a calculation of the TAC.
Projected bluefish discards are
subtracted 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
(allocated to the states from Maine to
Florida in specified shares) and a
coastwide recreational harvest limit
(RHL). The Council may also specify a
research set-aside (RSA) quota, which 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 Northeast
Regional Administrator (RA). Because
this FMP is a joint plan, the
Commission also meets during the
annual specification process to adopt
complementary measures.
The Council’s recommendations must
include supporting documentation
concerning the environmental,
economic, and social impacts of the
recommendations. NMFS is responsible
for reviewing these recommendations to
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,
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NMFS will publish final specifications
in the Federal Register.
In July 2009, the Monitoring
Committee and the SSC met to discuss
the updated estimates of bluefish stock
biomass and project fishery yields for
2010. Based on the updated 2008
estimate of bluefish stock biomass, the
bluefish stock is not considered
overfished: B2008 = 360.957 million lb
(163,727 mt) is greater than the
minimum biomass threshold, 1⁄2 BMSY =
162 million lb (73,526 mt), and is
actually above the long-term biomass
target (BMSY). Biomass has been above
the target since 2007, and the stock was
declared rebuilt in 2009, satisfying the
rebuilding program requirement to
achieve rebuilding by 2010 that was
established in Amendment 1 to the
FMP. Estimates of F have declined from
0.41 in 1991 to 0.12 in 2008. The
updated model results also conclude
that the Atlantic bluefish stock is not
experiencing overfishing; i.e., the most
recent F (F2008 = 0.12) is less than the
maximum F overfishing threshold
specified by the 41st Stock Assessment
Review Committee (FMSY = 0.19).
Detailed background information
regarding the stock assessment process
for bluefish and the development of the
2010 specifications for this fishery was
provided in the proposed specifications
(75 FR 10450, March 8, 2010), and will
not be repeated here.
Final Specifications
2010 TAL
During the rebuilding period, the
Council was required to set a TAC
consistent with the prescribed F for a
given phase in the rebuilding period, or
the status quo F, whichever was less.
According to Amendment 1, once the
stock is recovered, the TAC could be set
to achieve an Ftarget defined as 90
percent of FMSY (0.19). At its July 2009
meeting, the SSC noted that sparse age
composition data, the lack of sampling
by fishery independent trawl and seine
surveys, and the uncertainty behind
recreational catch estimates were
sources of scientific uncertainty
associated with the bluefish stock
assessment. Therefore, the Monitoring
Committee and the SSC recommended a
TAC for 2010 at a level consistent with
the maximum allowable rebuilding F
(0.15), rather than increasing Ftarget to
the FMP-prescribed level for a recovered
stock (F = 0.17). The Council
subsequently approved the Monitoring
Committee and SSC’s recommendations
at its August 2009 meeting. Therefore,
the Council recommended a coastwide
TAC of 34.376 million lb (15,593 mt) to
achieve the target F (0.15) in 2010 and
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to ensure that the bluefish stock
continues to remain above BMSY).
The TAL for 2010 is derived by
subtracting an estimate of discards of
5.112 million lb (2,319 mt), the average
discard level from 2006–2008, from the
TAC. After subtracting estimated
discards, the 2010 TAL would be 29.264
million lb (13,274 mt), which is slightly
less than the 2009 TAL of 29.356
million lb (13,316 mt) due to an increase
in discard estimates in recent years.
Based strictly on the percentages
specified in the FMP (17 percent
commercial, 83 percent recreational),
the commercial quota for 2010 would be
4.975 million lb (2,257 mt), and the RHL
would be 24.289 million lb (11,017 mt)
in 2010. In addition, up to 3 percent of
the TAL may be allocated as an RSA
quota. The discussion below describes
the recommended 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
2009, Council staff attempted to
estimate projected recreational landings
for the 2010 fishing year by using a
simple linear regression of the recent
(2002–2008) temporal trends in
recreational landings. However, at that
time, only 2009 Marine Recreational
Fisheries Statistics Survey (MRFSS)
data through Wave 2 were available for
2009, and a reliable estimate of 2009
recreational catch could not be
generated. Therefore, the Council
postponed this type of projection until
more landings data for the 2009 fishing
year became available. Recreational
landings for 2008 (18.9 million lb, 8,573
mt) were applied to 2010 for an initial
calculation of the RHL. As such, it was
expected that a transfer of up to 5.387
million lb (2,444 mt) to the commercial
sector could be approved. This
represents the preferred alternative
recommended by the Council in its
specifications document.
Northeast Regional Office (NERO)
staff recently updated the recreational
harvest projection using 2009 MRFSS
data from Waves 1 through 4 and 6.
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Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations
Wave 5 estimates for 2009 are not
available at this time. Using the best
available data, the 2009 recreational
harvest was estimated to be 15.391
million lb (6,981 mt), or 53 percent of
the TAL. Consistent with the Council’s
recommendation, this would allow for a
transfer of 5.387 million lb (2,444 mt)
from the recreational sector to the
commercial fishery, increasing the
commercial quota from 4.975 million lb
(2,257 mt) to 10.362 million lb (4,700
mt). This commercial quota is 5 percent
greater than the 2009 commercial quota
and 71 percent greater than actual 2009
commercial landings.
A request for research proposals for
the 2010 Mid-Atlantic RSA Program was
published on January 2, 2009 (74 FR
72). Two research projects that would
utilize bluefish RSA quota have been
approved and forwarded to NOAA’s
Grants Management Division. A
419,750–lb (190,395–kg) RSA quota is
approved for use by these projects
during 2010. This final rule does not
represent NOAA’s approval of any RSA
quota-related grant award, which will be
included in a separate action. Consistent
with the allocation of the bluefish RSA
quota, the final commercial quota for
2010 is 10,213,222 lb (4,633 mt), the
final RHL is 18,630,842 lb (8,451 mt),
and the RSA quota is 419,750 lb
(190,395 kg).
Recreational Possession Limit
NMFS has approved the Council’s
recommendation to maintain the current
27223
recreational possession limit of 15 fish
per person to achieve the RHL.
Final State Commercial Allocations
The final state commercial allocations
for the 2010 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
fishing year 2009, through December 31,
2009, indicate no commercial bluefish
quota overages.
TABLE 1. FINAL BLUEFISH COMMERCIAL STATE-BY-STATE ALLOCATIONS FOR 2010 (INCLUDING RSA DEDUCTIONS).
State
Percent Share
Final State Quotas (lb)(including RSA deductions)
Final State Quotas (kg)(including RSA deductions)
ME
0.6685
68,275
30,969
NH
0.4145
42,334
19,202
MA
6.7167
685,991
311,161
RI
6.8081
695,326
315,395
CT
1.2663
129,330
58,663
NY
10.3851
1,060,653
481,104
NJ
14.8162
1,513,211
686,381
DE
1.8782
191,825
87,010
MD
3.0018
306,580
139,063
VA
11.8795
1,213,280
550,334
NC
32.0608
3,274,441
1,485,261
SC
0.0352
3,595
1,631
GA
0.0095
970
440
FL
10.0597
1,027,419
466,030
Total
100.0001
10,213,222
4,632,644
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Comments and Responses
The public comment period for the
proposed rule ended on March 23, 2010.
One comment was received from a
private citizen. A summary and
response to the concerns raised by the
commenter are included below.
Comment 1: The commenter
suggested that quotas should be cut,
based on the notion that commercial
fisheries are causing bluefish, and other
species, to become extinct.
Response: The commenter provided
no scientific basis for the suggestion that
bluefish are at risk of extinction. The
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reasons presented by the Council and
NMFS for recommending the final 2010
bluefish specifications are based on the
best scientific information available,
and are discussed in the preambles to
both the proposed and final rule.
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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Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Fishery
Conservation and Management Act
(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 Executive Order 12866.
This final rule does not duplicate,
conflict, or overlap with any existing
Federal rules.
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Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations
The FRFA included in this final rule
was prepared pursuant to 5 U.S.C.
604(a), and incorporates the IRFA and a
summary of the analyses completed to
support the action. No significant issues
were raised by the public comment in
response to the IRFA. 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 this final rule are
contained in the preambles to the
proposed rule and this final rule and are
not repeated here.
emcdonald on DSK2BSOYB1PROD with RULES
Summary of Significant Issues Raised in
Public Comments
One comment was submitted on the
proposed rule but did not raise specific
issues regarding the economic analyses
summarized in the IRFA or the
economic impacts of the rule more
generally. No changes were made to the
final rule as a result of the comment
received. For a summary of the
comment received, and the response to
that comment, refer to the ‘‘Comments
and Responses’’ section of this
preamble.
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.
Therefore, there are no disproportionate
effects on small versus large entities.
The categories of small entities likely to
be affected by this action include
commercial and party/charter vessel
owners holding an active Federal permit
for Atlantic bluefish, as well as owners
of vessels that fish for Atlantic bluefish
in state waters.
The Council estimates that the
proposed 2010 specifications could
affect those vessels that were actively
involved (landed more than 1 lb (0.45
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kg) of bluefish) in the bluefish fishery in
2008. Northeast dealer reports identified
624 vessels that landed bluefish in
states from Maine to North Carolina.
South Atlantic Trip Ticket reports
identified 908 vessels that landed
bluefish in North Carolina and 685
vessels that landed bluefish on Floridas
east coast (double counting is possible
because some of these vessels were also
identified in the Northeast dealer data).
Bluefish landings in South Carolina and
Georgia were near zero in 2008,
representing a negligible proportion of
the total bluefish landings along the
Atlantic Coast in 2008. The Council also
estimates that approximately 2,063
party/charter vessels may have been
active in the bluefish fishery and/or
have caught bluefish in recent years.
Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
No additional reporting,
recordkeeping, or other compliance
requirements are included in this final
rule.
Description of the Steps Taken to
Minimize Economic Impact on Small
Entities
Specification of commercial quota,
recreational harvest levels, and
possession limits is constrained by the
conservation objectives of the FMP,
under the authority of the MagnusonStevens Act. The commercial quota
contained in this final rule is 5 percent
higher than the 2009 commercial quota,
and 71 percent higher than actual 2009
commercial bluefish landings. All
affected states will receive increases in
their individual commercial quota
allocations in comparison to their
respective 2009 individual state
allocations, which is expected to result
in positive economic impacts for
commercial bluefish fishery
participants.
The RHL contained in this final rule
is approximately 5 percent lower than
the RHL in 2009. The small reduction in
RHL is a reflection of a declining trend
in recreational bluefish harvest in recent
years. Since the 2010 RHL is greater
than 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. The possession
limit for bluefish will remain at 15 fish
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per person, so there should be no
impact on demand for party/charter
vessel fishing and, therefore, no impact
on revenues earned by party/charter
vessels. No negative economic impacts
on the recreational fishery are
anticipated.
The impacts on revenues associated
with the proposed RSA quota were
analyzed and are expected to be
minimal. Assuming that the full RSA
quota of 419,750 lb (190,395 kg) is
landed and sold to support the proposed
research projects (a supplemental finfish
survey in the Mid-Atlantic region and a
study to reduce butterfish bycatch in the
offshore Loligo squid fishery), then all
of the participants in the fishery would
benefit from the improved fisheries data
yielded from each project.
Because the 2010 commercial quota
being implemented in this final rule is
greater than the 2009 commercial quota,
the 2010 RHL is greater than the
projected 2009 recreational bluefish
harvest and consistent with recent
trends in recreational landings, and the
impacts of the RSA quota will be
minimal, no negative economic impacts
are expected as a result of this final rule.
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: May 10, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. 2010–11611 Filed 5–13–10; 8:45 am]
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[Federal Register Volume 75, Number 93 (Friday, May 14, 2010)]
[Rules and Regulations]
[Pages 27221-27224]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11611]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 100204079-0199-02]
RIN 0648-XQ49
Fisheries of the Northeastern United States; Atlantic Bluefish
Fishery; 2010 Atlantic Bluefish Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; final specifications for the 2010 Atlantic bluefish
fishery.
-----------------------------------------------------------------------
SUMMARY: NMFS issues final specifications for the 2010 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 U.S. The intent of these
specifications is to establish the allowable 2010 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 14, 2010, through December 31, 2010.
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: Sarah Heil, Fishery Management
Specialist, (978) 281-9257.
SUPPLEMENTARY INFORMATION:
[[Page 27222]]
Background
The Atlantic bluefish fishery is managed cooperatively by the Mid-
Atlantic Fishery Management Council (Council) and the Atlantic States
Marine Fisheries Commission (Commission). The management unit for
bluefish specified in the FMP is U.S. waters of the western Atlantic
Ocean. 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 FMP requires the Council to recommend, on an annual basis, a
total allowable catch (TAC) and total allowable landings (TAL) that
will control fishing mortality. Estimates of stock size, coupled with
the target F, allow for a calculation of the TAC. Projected bluefish
discards are subtracted 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 (allocated to the
states from Maine to Florida in specified shares) and a coastwide
recreational harvest limit (RHL). The Council may also specify a
research set-aside (RSA) quota, which 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 Northeast
Regional Administrator (RA). Because this FMP is a joint plan, the
Commission also meets during the annual specification process to adopt
complementary measures.
The Council's recommendations must include supporting documentation
concerning the environmental, economic, and social impacts of the
recommendations. NMFS is responsible for reviewing these
recommendations to assure they achieve the FMP objectives, and may
modify them if they do not. NMFS then publishes proposed specifications
in the Federal Register. After considering public comment, NMFS will
publish final specifications in the Federal Register.
In July 2009, the Monitoring Committee and the SSC met to discuss
the updated estimates of bluefish stock biomass and project fishery
yields for 2010. Based on the updated 2008 estimate of bluefish stock
biomass, the bluefish stock is not considered overfished: B2008
= 360.957 million lb (163,727 mt) is greater than the minimum biomass
threshold, \1/2\ BMSY = 162 million lb (73,526 mt), and is
actually above the long-term biomass target (BMSY). Biomass
has been above the target since 2007, and the stock was declared
rebuilt in 2009, satisfying the rebuilding program requirement to
achieve rebuilding by 2010 that was established in Amendment 1 to the
FMP. Estimates of F have declined from 0.41 in 1991 to 0.12 in 2008.
The updated model results also conclude that the Atlantic bluefish
stock is not experiencing overfishing; i.e., the most recent F
(F2008 = 0.12) is less than the maximum F overfishing
threshold specified by the 41st Stock Assessment Review Committee
(FMSY = 0.19). Detailed background information regarding the
stock assessment process for bluefish and the development of the 2010
specifications for this fishery was provided in the proposed
specifications (75 FR 10450, March 8, 2010), and will not be repeated
here.
Final Specifications
2010 TAL
During the rebuilding period, the Council was required to set a TAC
consistent with the prescribed F for a given phase in the rebuilding
period, or the status quo F, whichever was less. According to Amendment
1, once the stock is recovered, the TAC could be set to achieve an
Ftarget defined as 90 percent of FMSY (0.19). At
its July 2009 meeting, the SSC noted that sparse age composition data,
the lack of sampling by fishery independent trawl and seine surveys,
and the uncertainty behind recreational catch estimates were sources of
scientific uncertainty associated with the bluefish stock assessment.
Therefore, the Monitoring Committee and the SSC recommended a TAC for
2010 at a level consistent with the maximum allowable rebuilding F
(0.15), rather than increasing Ftarget to the FMP-prescribed
level for a recovered stock (F = 0.17). The Council subsequently
approved the Monitoring Committee and SSC's recommendations at its
August 2009 meeting. Therefore, the Council recommended a coastwide TAC
of 34.376 million lb (15,593 mt) to achieve the target F (0.15) in 2010
and to ensure that the bluefish stock continues to remain above
BMSY).
The TAL for 2010 is derived by subtracting an estimate of discards
of 5.112 million lb (2,319 mt), the average discard level from 2006-
2008, from the TAC. After subtracting estimated discards, the 2010 TAL
would be 29.264 million lb (13,274 mt), which is slightly less than the
2009 TAL of 29.356 million lb (13,316 mt) due to an increase in discard
estimates in recent years. Based strictly on the percentages specified
in the FMP (17 percent commercial, 83 percent recreational), the
commercial quota for 2010 would be 4.975 million lb (2,257 mt), and the
RHL would be 24.289 million lb (11,017 mt) in 2010. In addition, up to
3 percent of the TAL may be allocated as an RSA quota. The discussion
below describes the recommended 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 2009, Council staff attempted
to estimate projected recreational landings for the 2010 fishing year
by using a simple linear regression of the recent (2002-2008) temporal
trends in recreational landings. However, at that time, only 2009
Marine Recreational Fisheries Statistics Survey (MRFSS) data through
Wave 2 were available for 2009, and a reliable estimate of 2009
recreational catch could not be generated. Therefore, the Council
postponed this type of projection until more landings data for the 2009
fishing year became available. Recreational landings for 2008 (18.9
million lb, 8,573 mt) were applied to 2010 for an initial calculation
of the RHL. As such, it was expected that a transfer of up to 5.387
million lb (2,444 mt) to the commercial sector could be approved. This
represents the preferred alternative recommended by the Council in its
specifications document.
Northeast Regional Office (NERO) staff recently updated the
recreational harvest projection using 2009 MRFSS data from Waves 1
through 4 and 6.
[[Page 27223]]
Wave 5 estimates for 2009 are not available at this time. Using the
best available data, the 2009 recreational harvest was estimated to be
15.391 million lb (6,981 mt), or 53 percent of the TAL. Consistent with
the Council's recommendation, this would allow for a transfer of 5.387
million lb (2,444 mt) from the recreational sector to the commercial
fishery, increasing the commercial quota from 4.975 million lb (2,257
mt) to 10.362 million lb (4,700 mt). This commercial quota is 5 percent
greater than the 2009 commercial quota and 71 percent greater than
actual 2009 commercial landings.
A request for research proposals for the 2010 Mid-Atlantic RSA
Program was published on January 2, 2009 (74 FR 72). Two research
projects that would utilize bluefish RSA quota have been approved and
forwarded to NOAA's Grants Management Division. A 419,750-lb (190,395-
kg) RSA quota is approved for use by these projects during 2010. This
final rule does not represent NOAA's approval of any RSA quota-related
grant award, which will be included in a separate action. Consistent
with the allocation of the bluefish RSA quota, the final commercial
quota for 2010 is 10,213,222 lb (4,633 mt), the final RHL is 18,630,842
lb (8,451 mt), and the RSA quota is 419,750 lb (190,395 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 2010 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 fishing year 2009, through December 31, 2009, indicate
no commercial bluefish quota overages.
Table 1. Final Bluefish Commercial State-by-State Allocations for 2010
(including RSA deductions).
------------------------------------------------------------------------
Final State Final State
Quotas (lb) Quotas (kg)
State Percent (including (including
Share RSA RSA
deductions) deductions)
------------------------------------------------------------------------
ME 0.6685 68,275 30,969
------------------------------------------------------------------------
NH 0.4145 42,334 19,202
------------------------------------------------------------------------
MA 6.7167 685,991 311,161
------------------------------------------------------------------------
RI 6.8081 695,326 315,395
------------------------------------------------------------------------
CT 1.2663 129,330 58,663
------------------------------------------------------------------------
NY 10.3851 1,060,653 481,104
------------------------------------------------------------------------
NJ 14.8162 1,513,211 686,381
------------------------------------------------------------------------
DE 1.8782 191,825 87,010
------------------------------------------------------------------------
MD 3.0018 306,580 139,063
------------------------------------------------------------------------
VA 11.8795 1,213,280 550,334
------------------------------------------------------------------------
NC 32.0608 3,274,441 1,485,261
------------------------------------------------------------------------
SC 0.0352 3,595 1,631
------------------------------------------------------------------------
GA 0.0095 970 440
------------------------------------------------------------------------
FL 10.0597 1,027,419 466,030
------------------------------------------------------------------------
Total 100.0001 10,213,222 4,632,644
------------------------------------------------------------------------
Comments and Responses
The public comment period for the proposed rule ended on March 23,
2010. One comment was received from a private citizen. A summary and
response to the concerns raised by the commenter are included below.
Comment 1: The commenter suggested that quotas should be cut, based
on the notion that commercial fisheries are causing bluefish, and other
species, to become extinct.
Response: The commenter provided no scientific basis for the
suggestion that bluefish are at risk of extinction. The reasons
presented by the Council and NMFS for recommending the final 2010
bluefish specifications are based on the best scientific information
available, and are discussed in the preambles to both the proposed and
final rule. 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.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act (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 Executive Order 12866.
This final rule does not duplicate, conflict, or overlap with any
existing Federal rules.
[[Page 27224]]
The FRFA included in this final rule was prepared pursuant to 5
U.S.C. 604(a), and incorporates the IRFA and a summary of the analyses
completed to support the action. No significant issues were raised by
the public comment in response to the IRFA. 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 this final rule are contained 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 did not raise
specific issues regarding the economic analyses summarized in the IRFA
or the economic impacts of the rule more generally. No changes were
made to the final rule as a result of the comment received. For a
summary of the comment received, and the response to that comment,
refer to the ``Comments and Responses'' section of this preamble.
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. Therefore, there are no disproportionate
effects on small versus large entities. The categories of small
entities likely to be affected by this action include commercial and
party/charter vessel owners holding an active Federal permit for
Atlantic bluefish, as well as owners of vessels that fish for Atlantic
bluefish in state waters.
The Council estimates that the proposed 2010 specifications could
affect those vessels that were actively involved (landed more than 1 lb
(0.45 kg) of bluefish) in the bluefish fishery in 2008. Northeast
dealer reports identified 624 vessels that landed bluefish in states
from Maine to North Carolina. South Atlantic Trip Ticket reports
identified 908 vessels that landed bluefish in North Carolina and 685
vessels that landed bluefish on Floridas east coast (double counting is
possible because some of these vessels were also identified in the
Northeast dealer data). Bluefish landings in South Carolina and Georgia
were near zero in 2008, representing a negligible proportion of the
total bluefish landings along the Atlantic Coast in 2008. The Council
also estimates that approximately 2,063 party/charter vessels may have
been active in the bluefish fishery and/or have caught bluefish in
recent years.
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 contained in this final rule is 5 percent higher than the 2009
commercial quota, and 71 percent higher than actual 2009 commercial
bluefish landings. All affected states will receive increases in their
individual commercial quota allocations in comparison to their
respective 2009 individual state allocations, which is expected to
result in positive economic impacts for commercial bluefish fishery
participants.
The RHL contained in this final rule is approximately 5 percent
lower than the RHL in 2009. The small reduction in RHL is a reflection
of a declining trend in recreational bluefish harvest in recent years.
Since the 2010 RHL is greater than 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. The
possession limit for bluefish will remain at 15 fish per person, so
there should be no impact on demand for party/charter vessel fishing
and, therefore, no impact on revenues earned by party/charter vessels.
No negative economic impacts on the recreational fishery are
anticipated.
The impacts on revenues associated with the proposed RSA quota were
analyzed and are expected to be minimal. Assuming that the full RSA
quota of 419,750 lb (190,395 kg) is landed and sold to support the
proposed research projects (a supplemental finfish survey in the Mid-
Atlantic region and a study to reduce butterfish bycatch in the
offshore Loligo squid fishery), then all of the participants in the
fishery would benefit from the improved fisheries data yielded from
each project.
Because the 2010 commercial quota being implemented in this final
rule is greater than the 2009 commercial quota, the 2010 RHL is greater
than the projected 2009 recreational bluefish harvest and consistent
with recent trends in recreational landings, and the impacts of the RSA
quota will be minimal, no negative economic impacts are expected as a
result of this final rule.
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: May 10, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 2010-11611 Filed 5-13-10; 8:45 am]
BILLING CODE 3510-22-S
