Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; 2015 Atlantic Bluefish Specifications, 23249-23252 [2015-09684]
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Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules
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SUMMARY:
Federal Communications Commission.
Pamela Arluk,
Acting Chief, Pricing Policy Division, Wireline
Competition Bureau.
[FR Doc. 2015–09772 Filed 4–24–15; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 150126074–5074–01]
RIN 0648–XD742
Fisheries of the Northeastern United
States; Atlantic Bluefish Fishery; 2015
Atlantic Bluefish Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed specifications; request
for comments.
AGENCY:
NMFS proposes specifications
for the 2015 Atlantic bluefish fishery,
including catch restrictions for
commercial and recreational fisheries.
This action is necessary to establish
effective catch constraints for the fishing
year consistent with regulatory and
statutory requirements. The intent of
this action is to establish the allowable
2015 harvest levels and other
management measures to achieve the
target fishing mortality rate, consistent
with the Atlantic Bluefish Fishery
Management Plan.
DATES: Comments must be received on
or before May 12, 2015.
ADDRESSES: You may submit comments,
identified by NOAA–NMFS–2015–0048,
by any one of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20150048, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
John Bullard, Regional Administrator,
NMFS, Greater Atlantic Regional
Fisheries Office, 55 Great Republic
Drive, Gloucester, MA 01930.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publically accessible. NMFS will
accept anonymous comments (enter ‘‘N/
SUMMARY:
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23249
A’’ in the required fields if you wish to
remain anonymous).
Copies of the specifications
document, including the Environmental
Assessment and Initial Regulatory
Flexibility Analysis (EA/IRFA) and
other supporting documents for the
specifications, are available from Dr.
Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery
Management Council, Suite 201, 800 N.
State Street, Dover, DE 19901. The
specifications document is also
accessible via the Internet at: https://
www.greateratlantic.fisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Reid
Lichwell, Fishery Management
Specialist, (978) 281–9112.
SUPPLEMENTARY INFORMATION:
Background
The Atlantic bluefish fishery is jointly
managed by the Mid-Atlantic Fishery
Management Council (Council) and the
Atlantic States Marine Fisheries
Commission (Commission). The
management unit for bluefish specified
in the Atlantic Bluefish Fishery
Management Plan (FMP) is U.S. waters
of the western Atlantic Ocean.
Regulations implementing the FMP
appear at 50 CFR part 648, subparts A
and J. The regulations requiring annual
specifications are found at § 648.162.
The annual specifications process
requires that the Council’s Bluefish
Monitoring Committee and its Scientific
and Statistical Committee (SSC) review
the best available scientific information
and make specification
recommendations to the Council. These
groups have reviewed the 2014 updated
bluefish stock assessment, which is
summarized in the Environmental
Assessment and supporting documents.
Based on the recommendations of the
Monitoring Committee and SSC, the
Council makes its specification
recommendations to the NMFS Greater
Atlantic Regional Administrator.
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
ensure that they achieve the FMP
objectives and are consistent with
applicable law. NMFS then conducts
rulemaking through the Federal
Register to propose measures, solicit
public comment and publish final
measures.
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Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules
Proposed Specifications
Proposed 2015 Catch Limits
Updated Model Estimates
Overfishing for bluefish is defined as
fishing mortality that exceeds the
fishing mortality rate that allows
maximum sustainable yield (FMSY), or
when the maximum F threshold is
exceeded. The stock is considered
overfished if the biomass (B) falls below
the minimum biomass threshold,
defined as 1⁄2 BMSY. Amendment 1 to the
FMP established that the long-term
target F is 90 percent of FMSY (FMSY =
0.19; therefore Ftarget = 90 percent of
FMSY, or 0.17), and the long-term target
biomass is BMSY = 324 million lb
(147,052 mt).
The stock assessment model was
updated in July 2014 in order to
estimate the current status of the
bluefish stock (i.e., 2013 biomass and F
estimates). This update was used by the
Monitoring Committee and the SSC to
recommend 2015 specifications. The
results of the assessment update were as
follows: (1) An estimated stock biomass
for 2013, B2013 = 273 million lb (123,716
mt); and (2) an estimated fishing
mortality rate for 2013, F2013 = 0.118.
Based on the updated 2013 estimate of
bluefish stock biomass, the bluefish
stock is not considered overfished: B2013
is less than BMSY, but well above the
minimum biomass threshold of 162
million lb (73,526 mt). The updated
model results also conclude that the
Atlantic bluefish stock is not
experiencing overfishing; i.e., the most
recent F (F2013 = 0.118) is less than the
maximum F overfishing threshold (FMSY
= 0.19). Bluefish was declared rebuilt in
2009.
Based upon the results of the
assessment update and the Council’s
risk policy, the SSC recommended an
acceptable biological catch (ABC) of
21.544 million lb (9,772 mt) for 2015.
The Council recommended no
deductions to account for management
uncertainty; therefore, ABC=ACL=ACT.
The ACT is initially allocated between
the recreational fishery (83 percent) and
the commercial fishery (17 percent).
After deducting an estimate of
recreational discards (commercial
discards are considered negligible), the
recreational harvest limit (RHL) would
be 13.073 million lb (5,930 mt) and the
commercial quota would be 5.119
million lb (2,322 mt).
The FMP specifies that if 17 percent
of the TAL is less than 10.500 million
lb (4,763 mt), and the recreational
fishery is not projected to land its
harvest limit for the upcoming year, the
commercial fishery may be allocated up
to 10.500 million lb (4,763 mt) as its
quota, provided that the combination of
the projected recreational landings and
the commercial quota does not exceed
the TAL. Under such a scenario, the
RHL would then be adjusted so that the
TAL remains unchanged.
The Council projected an estimated
2015 annual recreational harvest of
13.073 million lb (5,930 mt). As such, it
is expected that a transfer of up to 1.460
million lb (662 mt) from the recreational
sector to the commercial sector could be
approved. This option represents the
preferred alternative recommended by
the Council. We intend to evaluate final
Marine Recreational Information
Program data regarding the 2014
recreational harvest as they become
available. The 2015 transfer amount
may be changed for the final rule
depending on our analysis of the final
2014 recreational landings data. If such
a change occurs, we will provide
additional data and explanation in the
final rule.
The Council is not recommending
allocating research set-aside quota for
2015; therefore, no additional
adjustments to commercial or
recreational allocations are needed. The
final proposed commercial quota for
2015 is 5.119 million lb (2,322 mt),
which would be a 31-percent decrease
from 2014 (7.458 million lb, 3,383 mt),
and the proposed RHL is 13.073 million
lb (5,930 mt), which would be a 3percent decrease from the 2014 RHL
(13.52 million lb, 6,133 mt).
Proposed Recreational Possession Limit
NMFS proposes not to change the
current recreational possession limit,
consistent with the recommendation by
the Council. This would maintain a
daily recreational possession limit of up
to 15 fish per person for 2015.
Proposed State Commercial Allocations
The proposed state commercial
allocations for the recommended 2015
commercial quota are shown in Table 1,
based on the percentages specified in
the FMP. There were no states that
exceeded their quota in 2014; therefore,
no accountability measures are expected
to be implemented for the 2015 fishing
year.
TABLE 1—PROPOSED BLUEFISH COMMERCIAL STATE-BY-STATE ALLOCATIONS FOR 2015
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State
Percent share
2015 Proposed
commercial
quota
(lb)
2015 Proposed
commercial
quota
(kg)
ME ..........................................................................................................................................
NH ..........................................................................................................................................
MA ..........................................................................................................................................
RI ...........................................................................................................................................
CT ..........................................................................................................................................
NY ..........................................................................................................................................
NJ ...........................................................................................................................................
DE ..........................................................................................................................................
MD .........................................................................................................................................
VA ..........................................................................................................................................
NC ..........................................................................................................................................
SC ..........................................................................................................................................
GA ..........................................................................................................................................
FL ...........................................................................................................................................
0.6685
0.4145
6.7167
6.8081
1.2663
10.3851
14.8162
1.8782
3.0018
11.8795
32.0608
0.0352
0.0095
10.0597
34,221
21,218
343,828
348,507
64,822
531,613
758,441
96,145
153,662
608,112
1,641,192
1,802
486
514,956
15,522
9,624
155,958
158,080
29,402
241,136
344,023
43,611
69,700
275,835
744,432
817
220
233,580
Total ................................................................................................................................
100.0001
5,119,134
2,322,000
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Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Fishery
Conservation and Management Act, the
NMFS Assistant Administrator has
determined that this proposed rule is
consistent with the Atlantic Bluefish
FMP, other provisions of the MagnusonStevens Act, and other applicable law,
subject to further consideration after
public comment.
These proposed specifications are
exempt from review under Executive
Order 12866.
An IRFA was prepared, as required by
section 603 of the Regulatory Flexibility
Act (RFA), which describes the
economic impact this proposed rule, if
adopted, would have on small entities.
The IRFA is summarized here.
Description of the Reasons Why Action
by the Agency Is Being Considered
A description of the action and why
it is being considered are contained at
the beginning of this preamble and in
the SUMMARY.
Statement of the Objective of, and Legal
Basis for, This Proposed Rule
The statement of the objective and the
legal basis for this action are contained
at the beginning of this preamble and in
the SUMMARY.
Description and Estimate of the Number
of Small Entities to Which This
Proposed Rule Would Apply
The Small Business Administration
(SBA) defines a small business in the
commercial harvesting sector as a firm
with receipts (gross revenues) of up to
$5.5 million for shellfish and $20.5
million for finfish businesses. A small
business in the recreational fishery is a
firm with receipts of up to $7.5 million.
According to the 2011–2013 Northeast
affiliate ownership database, 1,009
fishing businesses or affiliated firms
(vessels grouped together by a common
owner) landed bluefish during the
2011–2013 period, with 1,001 of those
businesses categorized as small business
and 8 categorized as large business.
However, the affiliate database used to
identify small/large business firms that
have recently participated in the
bluefish fishery does not contain
detailed ownership data for business
entities in the South Atlantic Region. As
such, the South Atlantic Trip Ticket
reports were used to identify vessels
participating in the bluefish fishery
within the region. The South Atlantic
Trip Ticket reports identified 790
vessels that landed bluefish in North
Carolina and 1,338 vessels that landed
bluefish on Florida’s east coast in 2013.1
Bluefish landings in South Carolina and
Georgia were near zero in 2013,
representing a negligible proportion of
the total bluefish landings along the
Atlantic Coast. Therefore, this analysis
assumed that no vessel activity for these
two states took place in 2013. In recent
years, approximately 2,000 party/charter
vessels have been active in the bluefish
fishery and/or have caught bluefish.
Description of the Projected Reporting,
Record-Keeping, and Other Compliance
Requirements of This Proposed Rule
There is no new reporting or
recordkeeping requirements contained
in any of the alternatives considered for
this action.
Federal Rule Which May Duplicate,
Overlap, or Conflict With This Proposed
Rule
NMFS is not aware of any relevant
Federal rules that may duplicate,
overlap, or conflict with this proposed
rule.
Description of Significant Alternatives
to the Proposed Action Which
Accomplish the Stated Objectives of
Applicable Statues and Which Minimize
Any Significant Economic Impact on
Small Entities
The small entities that could be
affected by this action include any
business entity holding an active
Federal permit for Atlantic bluefish, as
well as owners of vessels that fish for
Atlantic bluefish in state waters. There
were 1,009 Northeast fishing businesses
that landed bluefish from 2011–2013,
1,001 are considered small business
entities; there would be no
disproportionate impacts between large
and small entities as a result of the
proposed rule. There are 765 vessels in
North Carolina that landed bluefish
quota from 2011–2013; on average those
vessels generated 10.8% of their exvessel revenue from bluefish landings.
There are 1,227 vessels in on the east
coast of Florida that landed bluefish
quota from 2011–2013; on average those
vessels generated 0.83% of their exvessel revenue from bluefish landings.
The IRFA in the Draft EA for this
action addressed two alternatives
(including a no action/status quo
alternative) for the 2015 Atlantic
bluefish fishing year. Both quota
alternatives considered in this analysis
are based on various commercial harvest
levels for bluefish. For analysis of
impacts of the No Action Alternative,
the current commercial quota of 7.458
million lb (3,383 mt) and RHL of 13.523
million lb (6,134 mt) for 2014 would be
maintained. For analysis of impacts of
the Preferred Action Alternative, the
transfer of 1.457 million lb (661 mt)
from the recreational sector to the
commercial sector was used. The
calculated TAL, commercial quota and
the RHL for the Preferred Alternative
(Council’s preferred) and the No Action
Alternative are shown in Table 2.
TABLE 2—PROPOSED 2015 ATLANTIC BLUEFISH SPECIFICATION ALTERNATIVES FOR TAL, COMMERCIAL QUOTA, AND RHL
TAL
Year
million lb
2015 ......................
2015 ......................
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Commercial quota
RHL
Alternatives
Preferred Action ...
No Action ..............
18.192
21.081
Commercial Fishery Impacts
To assess the impact of the
alternatives on commercial fisheries, the
Council conducted a threshold analysis
mt
million lb
8,252
9,888
mt
5.119
7.458
and analysis of potential changes in exvessel gross revenue that would result
from each alternative, using Northeast
million lb
2,322
3,383
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5,930
6,134
dealer reports and South Atlantic Trip
Ticket reports.
Under the No Action Alternative, the
2015 specifications would have no
aggregate change in allowable
1 Some of these vessels were also identified in the
Northeast dealer data; therefore, double counting is
possible.
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13.073
13.523
mt
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commercial landings or RHL relative to
the 2014 limits. As such, it is expected
that no change in revenues or fishing
opportunities would occur. The No
Action Alternative would likely result
in quota constraints for vessels in New
York and Massachusetts; however, these
quota constraints would not have an
economic impact due to the ability to
transfer quota from state to state.
Under the Preferred Alternative, 57
business entities were projected to incur
revenue losses of 5 percent or more, 944
entities were projected to incur losses of
less than 5 percent in 2015. Under
Alternative 2 (non-preferred), 87
business entities were projected to incur
revenue losses of 5 percent or more, 914
entities were projected to incur losses of
less than 5 percent in 2015. For both
alternatives, the majority of vessels with
greater than 5 percent of revenue losses
had total gross sales of $10,000 or less
(average for all possible species
combined not just bluefish in 2011–
2013), which may indicate that the
dependence on fishing for some of these
vessels is small.
The South Atlantic Trip Ticket Report
data indicated that 765 vessels landed
commercial bluefish quota in North
Carolina from 2011–2013. On average,
these vessels generated 10.8% of their
total ex-vessel revenue from bluefish
landings. The commercial landings are
projected to decrease as a consequence
of the 2015 allocation when compared
to the 2014 allocation by approximately
31.4% under the Preferred Alternative
and 50.9% under Alternative 2. On
average, reduction in revenues due to
the potential decrease in landings
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associated with the 2015 quota
compared to the 2014 quota are
expected to be approximately 3.4% for
the Preferred Alternative and 5.5% for
Alternative 2, for fishermen that land
bluefish in North Carolina.
In Florida, 1,227 vessels landed
bluefish from 2011–2013, and 0.83% of
their total ex-vessel revenue was
generated from bluefish landings. On
average, reduction in revenues due to
the potential decrease in landings
associated with the 2015 quota
compared to the 2014 quota are
expected to be approximately 0.3% for
the Preferred Alternative and 0.4% for
Alternative 2, for fishermen that land
bluefish in Florida.
If commercial quota is transferred
from a state or states that do not land
their entire bluefish quota for 2015, as
was done in frequently in previous
years, the number of affected entities
could change. Transfers could lessen the
adverse economic impact on vessels
landing in the state(s) receiving quota
transfers for both alternatives. Such
transfers cannot be predicted or
projected, as each occurs on a case by
case agreement between states.
Recreational Fishery Impacts
It is very difficult to calculate the
economic value of recreational fisheries.
However, the Preferred Action
Alternative RHL (13.073 million lb,
5,930 mt) is approximately 15 percent
below the recreational landings for 2013
(15.388 million lb, 6,980 mt). Under the
No Action Alternative, the
recommended RHL for the recreational
sector (13.523 million lb, 6,134 mt) is
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approximately 13 percent below the
recreational landings for 2013 (15.388
million lb, 6,980 mt), and the RHL for
Alternative 2 (14.530 million lb, 6, 591
mt) is approximately 5.5 percent below
the recreational landings for 2013.
While the proposed recreational
harvest limit under the Preferred
Alternative for 2015 is lower than the
limit implemented in 2014 (13.523
million lb) and 2013 recreational
landings (15.388 million lb), the
projected landings for 2015 are expected
to be similar to the proposed limit under
this alternative. Therefore, it is
anticipated that the proposed RHL will
not limit recreational catch or negatively
impact recreational fishing revenue. It is
not anticipated that this management
measure will have any negative effects
on recreational fishermen or affect the
demand for party/charter boat trips.
This alternative is not expected to
significantly affect angler satisfaction
nor expected to result in landings in
excess of the recreational harvest limit.
Overall, it is not expected that the final
recreational management measures will
significantly affect gross revenues of
businesses providing goods and services
to anglers participating in the party/
charter boat, private/rental boat, and
shore fisheries for bluefish.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 17, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. 2015–09684 Filed 4–24–15; 8:45 am]
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]]>Agencies
[Federal Register Volume 80, Number 80 (Monday, April 27, 2015)]
[Proposed Rules]
[Pages 23249-23252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09684]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 150126074-5074-01]
RIN 0648-XD742
Fisheries of the Northeastern United States; Atlantic Bluefish
Fishery; 2015 Atlantic Bluefish Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed specifications; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes specifications for the 2015 Atlantic bluefish
fishery, including catch restrictions for commercial and recreational
fisheries. This action is necessary to establish effective catch
constraints for the fishing year consistent with regulatory and
statutory requirements. The intent of this action is to establish the
allowable 2015 harvest levels and other management measures to achieve
the target fishing mortality rate, consistent with the Atlantic
Bluefish Fishery Management Plan.
DATES: Comments must be received on or before May 12, 2015.
ADDRESSES: You may submit comments, identified by NOAA-NMFS-2015-0048,
by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0048, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to John Bullard, Regional
Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55
Great Republic Drive, Gloucester, MA 01930.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publically accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Copies of the specifications document, including the Environmental
Assessment and Initial Regulatory Flexibility Analysis (EA/IRFA) and
other supporting documents for the specifications, are available from
Dr. Christopher M. Moore, Executive Director, Mid-Atlantic Fishery
Management Council, Suite 201, 800 N. State Street, Dover, DE 19901.
The specifications document is also accessible via the Internet at:
https://www.greateratlantic.fisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Reid Lichwell, Fishery Management
Specialist, (978) 281-9112.
SUPPLEMENTARY INFORMATION:
Background
The Atlantic bluefish fishery is jointly managed by the Mid-
Atlantic Fishery Management Council (Council) and the Atlantic States
Marine Fisheries Commission (Commission). The management unit for
bluefish specified in the Atlantic Bluefish Fishery Management Plan
(FMP) is U.S. waters of the western Atlantic Ocean. Regulations
implementing the FMP appear at 50 CFR part 648, subparts A and J. The
regulations requiring annual specifications are found at Sec. 648.162.
The annual specifications process requires that the Council's
Bluefish Monitoring Committee and its Scientific and Statistical
Committee (SSC) review the best available scientific information and
make specification recommendations to the Council. These groups have
reviewed the 2014 updated bluefish stock assessment, which is
summarized in the Environmental Assessment and supporting documents.
Based on the recommendations of the Monitoring Committee and SSC, the
Council makes its specification recommendations to the NMFS Greater
Atlantic Regional Administrator. 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 ensure that they achieve the FMP objectives and are
consistent with applicable law. NMFS then conducts rulemaking through
the Federal Register to propose measures, solicit public comment and
publish final measures.
[[Page 23250]]
Proposed Specifications
Updated Model Estimates
Overfishing for bluefish is defined as fishing mortality that
exceeds the fishing mortality rate that allows maximum sustainable
yield (FMSY), or when the maximum F threshold is exceeded.
The stock is considered overfished if the biomass (B) falls below the
minimum biomass threshold, defined as \1/2\ BMSY. Amendment
1 to the FMP established that the long-term target F is 90 percent of
FMSY (FMSY = 0.19; therefore Ftarget =
90 percent of FMSY, or 0.17), and the long-term target
biomass is BMSY = 324 million lb (147,052 mt).
The stock assessment model was updated in July 2014 in order to
estimate the current status of the bluefish stock (i.e., 2013 biomass
and F estimates). This update was used by the Monitoring Committee and
the SSC to recommend 2015 specifications. The results of the assessment
update were as follows: (1) An estimated stock biomass for 2013,
B2013 = 273 million lb (123,716 mt); and (2) an estimated
fishing mortality rate for 2013, F2013 = 0.118. Based on the
updated 2013 estimate of bluefish stock biomass, the bluefish stock is
not considered overfished: B2013 is less than
BMSY, but well above the minimum biomass threshold of 162
million lb (73,526 mt). The updated model results also conclude that
the Atlantic bluefish stock is not experiencing overfishing; i.e., the
most recent F (F2013 = 0.118) is less than the maximum F
overfishing threshold (FMSY = 0.19). Bluefish was declared
rebuilt in 2009.
Proposed 2015 Catch Limits
Based upon the results of the assessment update and the Council's
risk policy, the SSC recommended an acceptable biological catch (ABC)
of 21.544 million lb (9,772 mt) for 2015. The Council recommended no
deductions to account for management uncertainty; therefore,
ABC=ACL=ACT. The ACT is initially allocated between the recreational
fishery (83 percent) and the commercial fishery (17 percent). After
deducting an estimate of recreational discards (commercial discards are
considered negligible), the recreational harvest limit (RHL) would be
13.073 million lb (5,930 mt) and the commercial quota would be 5.119
million lb (2,322 mt).
The FMP specifies that if 17 percent of the TAL is less than 10.500
million lb (4,763 mt), and the recreational fishery is not projected to
land its harvest limit for the upcoming year, the commercial fishery
may be allocated up to 10.500 million lb (4,763 mt) as its quota,
provided that the combination of the projected recreational landings
and the commercial quota does not exceed the TAL. Under such a
scenario, the RHL would then be adjusted so that the TAL remains
unchanged.
The Council projected an estimated 2015 annual recreational harvest
of 13.073 million lb (5,930 mt). As such, it is expected that a
transfer of up to 1.460 million lb (662 mt) from the recreational
sector to the commercial sector could be approved. This option
represents the preferred alternative recommended by the Council. We
intend to evaluate final Marine Recreational Information Program data
regarding the 2014 recreational harvest as they become available. The
2015 transfer amount may be changed for the final rule depending on our
analysis of the final 2014 recreational landings data. If such a change
occurs, we will provide additional data and explanation in the final
rule.
The Council is not recommending allocating research set-aside quota
for 2015; therefore, no additional adjustments to commercial or
recreational allocations are needed. The final proposed commercial
quota for 2015 is 5.119 million lb (2,322 mt), which would be a 31-
percent decrease from 2014 (7.458 million lb, 3,383 mt), and the
proposed RHL is 13.073 million lb (5,930 mt), which would be a 3-
percent decrease from the 2014 RHL (13.52 million lb, 6,133 mt).
Proposed Recreational Possession Limit
NMFS proposes not to change the current recreational possession
limit, consistent with the recommendation by the Council. This would
maintain a daily recreational possession limit of up to 15 fish per
person for 2015.
Proposed State Commercial Allocations
The proposed state commercial allocations for the recommended 2015
commercial quota are shown in Table 1, based on the percentages
specified in the FMP. There were no states that exceeded their quota in
2014; therefore, no accountability measures are expected to be
implemented for the 2015 fishing year.
Table 1--Proposed Bluefish Commercial State-by-State Allocations for 2015
----------------------------------------------------------------------------------------------------------------
2015 Proposed 2015 Proposed
State Percent share commercial commercial
quota (lb) quota (kg)
----------------------------------------------------------------------------------------------------------------
ME........................................................... 0.6685 34,221 15,522
NH........................................................... 0.4145 21,218 9,624
MA........................................................... 6.7167 343,828 155,958
RI........................................................... 6.8081 348,507 158,080
CT........................................................... 1.2663 64,822 29,402
NY........................................................... 10.3851 531,613 241,136
NJ........................................................... 14.8162 758,441 344,023
DE........................................................... 1.8782 96,145 43,611
MD........................................................... 3.0018 153,662 69,700
VA........................................................... 11.8795 608,112 275,835
NC........................................................... 32.0608 1,641,192 744,432
SC........................................................... 0.0352 1,802 817
GA........................................................... 0.0095 486 220
FL........................................................... 10.0597 514,956 233,580
--------------------------------------------------
Total.................................................... 100.0001 5,119,134 2,322,000
----------------------------------------------------------------------------------------------------------------
[[Page 23251]]
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act, the NMFS Assistant Administrator has
determined that this proposed rule is consistent with the Atlantic
Bluefish FMP, other provisions of the Magnuson-Stevens Act, and other
applicable law, subject to further consideration after public comment.
These proposed specifications are exempt from review under
Executive Order 12866.
An IRFA was prepared, as required by section 603 of the Regulatory
Flexibility Act (RFA), which describes the economic impact this
proposed rule, if adopted, would have on small entities. The IRFA is
summarized here.
Description of the Reasons Why Action by the Agency Is Being Considered
A description of the action and why it is being considered are
contained at the beginning of this preamble and in the SUMMARY.
Statement of the Objective of, and Legal Basis for, This Proposed Rule
The statement of the objective and the legal basis for this action
are contained at the beginning of this preamble and in the SUMMARY.
Description and Estimate of the Number of Small Entities to Which This
Proposed Rule Would Apply
The Small Business Administration (SBA) defines a small business in
the commercial harvesting sector as a firm with receipts (gross
revenues) of up to $5.5 million for shellfish and $20.5 million for
finfish businesses. A small business in the recreational fishery is a
firm with receipts of up to $7.5 million.
According to the 2011-2013 Northeast affiliate ownership database,
1,009 fishing businesses or affiliated firms (vessels grouped together
by a common owner) landed bluefish during the 2011-2013 period, with
1,001 of those businesses categorized as small business and 8
categorized as large business. However, the affiliate database used to
identify small/large business firms that have recently participated in
the bluefish fishery does not contain detailed ownership data for
business entities in the South Atlantic Region. As such, the South
Atlantic Trip Ticket reports were used to identify vessels
participating in the bluefish fishery within the region. The South
Atlantic Trip Ticket reports identified 790 vessels that landed
bluefish in North Carolina and 1,338 vessels that landed bluefish on
Florida's east coast in 2013.\1\ Bluefish landings in South Carolina
and Georgia were near zero in 2013, representing a negligible
proportion of the total bluefish landings along the Atlantic Coast.
Therefore, this analysis assumed that no vessel activity for these two
states took place in 2013. In recent years, approximately 2,000 party/
charter vessels have been active in the bluefish fishery and/or have
caught bluefish.
---------------------------------------------------------------------------
\1\ Some of these vessels were also identified in the Northeast
dealer data; therefore, double counting is possible.
---------------------------------------------------------------------------
Description of the Projected Reporting, Record-Keeping, and Other
Compliance Requirements of This Proposed Rule
There is no new reporting or recordkeeping requirements contained
in any of the alternatives considered for this action.
Federal Rule Which May Duplicate, Overlap, or Conflict With This
Proposed Rule
NMFS is not aware of any relevant Federal rules that may duplicate,
overlap, or conflict with this proposed rule.
Description of Significant Alternatives to the Proposed Action Which
Accomplish the Stated Objectives of Applicable Statues and Which
Minimize Any Significant Economic Impact on Small Entities
The small entities that could be affected by this action include
any business entity holding an active Federal permit for Atlantic
bluefish, as well as owners of vessels that fish for Atlantic bluefish
in state waters. There were 1,009 Northeast fishing businesses that
landed bluefish from 2011-2013, 1,001 are considered small business
entities; there would be no disproportionate impacts between large and
small entities as a result of the proposed rule. There are 765 vessels
in North Carolina that landed bluefish quota from 2011-2013; on average
those vessels generated 10.8% of their ex-vessel revenue from bluefish
landings. There are 1,227 vessels in on the east coast of Florida that
landed bluefish quota from 2011-2013; on average those vessels
generated 0.83% of their ex-vessel revenue from bluefish landings.
The IRFA in the Draft EA for this action addressed two alternatives
(including a no action/status quo alternative) for the 2015 Atlantic
bluefish fishing year. Both quota alternatives considered in this
analysis are based on various commercial harvest levels for bluefish.
For analysis of impacts of the No Action Alternative, the current
commercial quota of 7.458 million lb (3,383 mt) and RHL of 13.523
million lb (6,134 mt) for 2014 would be maintained. For analysis of
impacts of the Preferred Action Alternative, the transfer of 1.457
million lb (661 mt) from the recreational sector to the commercial
sector was used. The calculated TAL, commercial quota and the RHL for
the Preferred Alternative (Council's preferred) and the No Action
Alternative are shown in Table 2.
Table 2--Proposed 2015 Atlantic Bluefish Specification Alternatives for TAL, Commercial Quota, and RHL
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAL Commercial quota RHL
Year Alternatives -----------------------------------------------------------------------------------------------
million lb mt million lb mt million lb mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
2015.............................. Preferred Action.... 18.192 8,252 5.119 2,322 13.073 5,930
2015.............................. No Action........... 21.081 9,888 7.458 3,383 13.523 6,134
--------------------------------------------------------------------------------------------------------------------------------------------------------
Commercial Fishery Impacts
To assess the impact of the alternatives on commercial fisheries,
the Council conducted a threshold analysis and analysis of potential
changes in ex-vessel gross revenue that would result from each
alternative, using Northeast dealer reports and South Atlantic Trip
Ticket reports.
Under the No Action Alternative, the 2015 specifications would have
no aggregate change in allowable
[[Page 23252]]
commercial landings or RHL relative to the 2014 limits. As such, it is
expected that no change in revenues or fishing opportunities would
occur. The No Action Alternative would likely result in quota
constraints for vessels in New York and Massachusetts; however, these
quota constraints would not have an economic impact due to the ability
to transfer quota from state to state.
Under the Preferred Alternative, 57 business entities were
projected to incur revenue losses of 5 percent or more, 944 entities
were projected to incur losses of less than 5 percent in 2015. Under
Alternative 2 (non-preferred), 87 business entities were projected to
incur revenue losses of 5 percent or more, 914 entities were projected
to incur losses of less than 5 percent in 2015. For both alternatives,
the majority of vessels with greater than 5 percent of revenue losses
had total gross sales of $10,000 or less (average for all possible
species combined not just bluefish in 2011-2013), which may indicate
that the dependence on fishing for some of these vessels is small.
The South Atlantic Trip Ticket Report data indicated that 765
vessels landed commercial bluefish quota in North Carolina from 2011-
2013. On average, these vessels generated 10.8% of their total ex-
vessel revenue from bluefish landings. The commercial landings are
projected to decrease as a consequence of the 2015 allocation when
compared to the 2014 allocation by approximately 31.4% under the
Preferred Alternative and 50.9% under Alternative 2. On average,
reduction in revenues due to the potential decrease in landings
associated with the 2015 quota compared to the 2014 quota are expected
to be approximately 3.4% for the Preferred Alternative and 5.5% for
Alternative 2, for fishermen that land bluefish in North Carolina.
In Florida, 1,227 vessels landed bluefish from 2011-2013, and 0.83%
of their total ex-vessel revenue was generated from bluefish landings.
On average, reduction in revenues due to the potential decrease in
landings associated with the 2015 quota compared to the 2014 quota are
expected to be approximately 0.3% for the Preferred Alternative and
0.4% for Alternative 2, for fishermen that land bluefish in Florida.
If commercial quota is transferred from a state or states that do
not land their entire bluefish quota for 2015, as was done in
frequently in previous years, the number of affected entities could
change. Transfers could lessen the adverse economic impact on vessels
landing in the state(s) receiving quota transfers for both
alternatives. Such transfers cannot be predicted or projected, as each
occurs on a case by case agreement between states.
Recreational Fishery Impacts
It is very difficult to calculate the economic value of
recreational fisheries. However, the Preferred Action Alternative RHL
(13.073 million lb, 5,930 mt) is approximately 15 percent below the
recreational landings for 2013 (15.388 million lb, 6,980 mt). Under the
No Action Alternative, the recommended RHL for the recreational sector
(13.523 million lb, 6,134 mt) is approximately 13 percent below the
recreational landings for 2013 (15.388 million lb, 6,980 mt), and the
RHL for Alternative 2 (14.530 million lb, 6, 591 mt) is approximately
5.5 percent below the recreational landings for 2013.
While the proposed recreational harvest limit under the Preferred
Alternative for 2015 is lower than the limit implemented in 2014
(13.523 million lb) and 2013 recreational landings (15.388 million lb),
the projected landings for 2015 are expected to be similar to the
proposed limit under this alternative. Therefore, it is anticipated
that the proposed RHL will not limit recreational catch or negatively
impact recreational fishing revenue. It is not anticipated that this
management measure will have any negative effects on recreational
fishermen or affect the demand for party/charter boat trips. This
alternative is not expected to significantly affect angler satisfaction
nor expected to result in landings in excess of the recreational
harvest limit. Overall, it is not expected that the final recreational
management measures will significantly affect gross revenues of
businesses providing goods and services to anglers participating in the
party/charter boat, private/rental boat, and shore fisheries for
bluefish.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 17, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 2015-09684 Filed 4-24-15; 8:45 am]
BILLING CODE 3510-22-P
