[Federal Register: May 19, 2004 (Volume 69, Number 97)]
[Proposed Rules]
[Page 28875-28877]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19my04-22]
[[Page 28875]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 040507144-4144-01; I.D. 043004A]
RIN 0648-AQ85
Fisheries of the Northeastern United States; Atlantic Bluefish
Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed 2004 specifications for the Atlantic bluefish fishery;
request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes 2004 specifications for the Atlantic bluefish
fishery, including total allowable landings (TAL), state-by-state
commercial quotas, recreational harvest limits, and recreational
possession limits. The intent of the specifications is to conserve and
manage the bluefish resource.
DATES: Public comments must be received no later than 5 p.m., Eastern
Standard Time, on June 3, 2004.
ADDRESSES: You may submit comments, identified by Docket Number
040507144-4144-01 or RIN Number 0648-AQ85, by any of the following
methods:
[bul] Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
[bul] E-mail: 2004bluefishspecs@noaa.gov. Include the following
document identifier: ``Comments-2004 Bluefish Specifications.'' in the
subject line of the message.
[bul] Fax: 978-281-9135.
[bul] Mail: Patricia A. Kurkul, Regional Administrator, Northeast
Regional Office, NMFS, One Blackburn Drive, Gloucester, MA 01930-2298.
Please mark the outside of the envelope, ``Comments--2004 Bluefish
Specifications.''
Copies of supporting documents, including the Environmental
Assessment (EA), Initial Regulatory Flexibility Analysis (IRFA), and
the Essential Fish Habitat Assessment (EFHA) are available from: Daniel
Furlong, Executive Director, Mid-Atlantic Fishery Management Council,
Room 2115, Federal Building, 300 South New Street, Dover, DE 19904-
6790. The EA, IRFA, and EFHA are accessible via the Internet at http:/www.nero.noaa.gov
.
FOR FURTHER INFORMATION CONTACT: Myles Raizin, Fishery Policy Analyst,
(978) 281-9104.
SUPPLEMENTARY INFORMATION: Regulations implementing the Atlantic
Bluefish Fishery Management Plan (FMP) prepared by the Mid-Atlantic
Fishery Management Council (Council) appear at 50 CFR part 648,
subparts A and J. Regulations requiring annual specifications are found
at Sec. 648.160. The FMP requires that the Council recommend, on an
annual basis, a TAL, which is comprised of a commercial quota and a
recreational harvest limit.
The FMP also requires that: (1) The TAL for any given year be set
based on the fishing mortality rate (F) resulting from the stock
rebuilding schedule contained in the FMP, or the estimated F in the
most recent fishing year, whichever is lower; and (2) a total of 17
percent of the TAL be allocated to the commercial fishery, as a quota,
with the remaining 83 percent allocated as a recreational harvest
limit, with the stipulation that, if 17 percent of the TAL is less than
10.50 million lb (4.762 million kg) and the recreational fishery is not
projected to land its harvest limit for the upcoming year, the
commercial fishery may be allocated up to 10.50 million lb (4.762
million kg) as its quota, provided that the combination of the
projected recreational landings and the commercial quota does not
exceed TAL.
The Council's recommendations must include supporting
documentation, as appropriate, concerning the environmental, economic,
and social impacts of the recommendations. NMFS is responsible for
reviewing these recommendations to assure they achieve the FMP
objectives. NMFS then publishes proposed specifications in the Federal
Register. After considering public comment, NMFS will publish final
specifications in the Federal Register.
Proposed 2004 Specifications
Proposed TAL
On August 5, 2003, the Council adopted specifications for the 2004
Atlantic bluefish fishery. The Council submitted its recommendations
and analysis November 24, 2003, and submitted a supplement to clarify
and correct the document on January 20, 2004. NMFS has reviewed the
Council's recommendation and has found it complies with the FMP
objectives. Although these proposed specifications are intended to be
in place at the beginning of the fishing year, the delay in
implementing the proposed specifications for 2004 should not compromise
this fishery because the Atlantic States Marine Fisheries Commission
(ASMFC) measures, which are already in place in applicable states,
provide equivalent conservation for bluefish. NMFS is proposing to
implement the Council's recommended specifications.
For the 2004 fishery, the stock rebuilding program in the FMP
restricts F to 0.31. However, the 2002 fishery (the most recent fishing
year for which F can be calculated) produced an F of only 0.184. So, in
accordance with the FMP, the measures proposed for 2004 were developed
to achieve F=0.184. Projection results indicate that the bluefish stock
will increase to an estimated biomass of 165.853 million lb (365.504
million kg) in 2004. This biomass can produce a Total Allowable Catch
(TAC) of 34.215 million lb (15.5 million kg) in 2004 at F=0.184. The
proposed TAL for 2004 is derived from this value by subtracting
estimated discards of 2.365 million lb (1.06 million kg) from the TAC.
This results in a proposed TAL for 2004 of 31.85 million lb (14.45
million kg).
Proposed Commercial Quota and Recreational Harvest Limit
If the TAL for the 2004 fishery were allocated based on the
percentages specified in the FMP, the commercial quota would be 5.414
million lb (2.456 million kg), with a recreational harvest limit of
26.435 million lb (11.990 million kg). However, recreational landings
from the last several years were much lower than the recreational
allocation for 2004, ranging between 8.30 and 15.5 million lb (3.74 and
7.05 million kg, respectively). Since the recreational fishery is not
projected to land its 26.435 million-lb (11.990 million-kg) harvest
limit in 2004, the FMP allows the specification of a commercial quota
of up to 10.5 million lb (4.76 million kg). Therefore, consistent with
the FMP and regulations governing the bluefish fishery, the Council
recommended, and NMFS proposes, to transfer 5.085 million lb (2.036
million kg) from the initial 2004 recreational allocation of 26.435
million lb (11.990 million kg), resulting in 21.350 million lb (9.684
million kg) for a 2004 proposed recreational harvest limit and a
proposed quota of 10.5 million lb (4.76 million kg). The proposed 2004
commercial quota would be the same as was allocated in 2003 and also as
implemented by the states for 2004 under the ASMFC's Interstate Fishery
Management Plan for Atlantic Bluefish. A Notice of Request for
Proposals was published in the Federal Register to solicit research
proposals for
[[Page 28876]]
2004 that could utilize research set-aside (RSA) TAC authorized by the
FMP, based on research priorities identified by the Council (January
27, 2003; 68 FR 3864). One research project that would utilize bluefish
RSA has been approved by the NOAA Grants Office. Therefore, a 297,750-
lb (135,057-kg) RSA is also proposed. Due to the allocation of the
bluefish RSA, the proposed commercial quota for 2004 is 10.401 million
lb (4.718 million kg) and the proposed recreational harvest limit is
21.150 million lb (9.59 million kg).
Proposed Recreational Possession Limit
The Council also recommends maintaining the current recreational
possession limit of 15 fish to meet the recreational harvest limit.
Proposed State Commercial Allocations
The annual commercial quota for bluefish will be distributed to the
states (see Table 1.). Proposed state commercial allocations for the
2004 commercial quotas are shown in the table below, based on the
percentages specified in the FMP, less the proposed RSA allocation.
Table 1--Annual Bluefish State Commercial Quotas
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2004 Commercial Quota 2004 Commercial Quota
State [percnt] of quota 2004 Commercial Quota 2004 Commercial Quota (lb) With Research Set- (kg) With Research Set-
(lb) (kg) Aside Aside
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
ME................................................................. 0.6685 70,193 31,839 69,536 31,541
NH................................................................. 0.4145 43,523 19,742 43,116 19,557
MA................................................................. 6.7167 705,254 319,901 698,660 316,907
RI................................................................. 6.8081 714,851 324,254 708,168 321,220
CT................................................................. 1.2663 132,962 60,311 131,719 59,747
NY................................................................. 10.3851 1,090,436 494,619 1,080,242 489,990
NJ................................................................. 14.8162 1,555,701 705,661 1,541,158 699,058
DE................................................................. 1.8782 197,211 89,454 195,367 88,617
MD................................................................. 3.0018 315,189 142,969 312,242 141,631
VA................................................................. 11.8795 1,247,348 565,793 1,235,687 560,498
NC................................................................. 32.0608 3,366,384 1,526,982 3,334,913 1,512,691
SC................................................................. 0.0352 3,696 1,676 3,661 1,661
GA................................................................. 0.0095 998 453 988 448
FL................................................................. 10.0597 1,056,269 479,121 1,046,394 474,636
Total.............................................................. 100.0000 10,500,015 4,762,727 10,401,851 4,744,652
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Classification
This action is authorized by 50 CFR part 648 and has been
determined to be not significant for purposes of Executive Order 12866.
The Council prepared an IRFA that describes the impact this
proposed rule, if adopted, would have on small entities. A description
of the action, why it is being considered, and the legal basis for the
action are provided in the preamble of this proposed rule. A summary of
the IRFA follows:
An active participant in the commercial bluefish fishery sector is
defined as being any vessel that reported having landed one or more
pounds of bluefish to NMFS-permitted dealers during calendar year 2002.
Vessels fishing for bluefish with a Federal permit intending to sell
their catch must do so to NMFS-permitted dealers. All vessels affected
by this rulemaking have gross receipts less than $3.5 million and are
considered to be small entities under the Regulatory Flexibility Act
(RFA). Since there are no large entities participating in this fishery,
there are no disproportionate effects resulting from small versus large
entities. Since costs are not readily available, vessel profitability
cannot be determined directly. Therefore, changes in gross revenue were
used as a proxy for profitability. Of the active, Federally-permitted
vessels in 2002, 928 landed bluefish from Maine to North Carolina.
Dealer data do not cover vessel activity from South Carolina to
Florida. South Atlantic Trip Ticket Report data indicate that 1,004
vessels landed bluefish in North Carolina, including those with Federal
permits and those fishing only in state waters. These data also
indicate that bluefish landings in South Carolina and Georgia
represented less than 1/10 of 1 percent of total landings. Therefore,
it was assumed that no vessels landed bluefish from those states.
According to South Atlantic Trip Ticket Report data, 101 commercial
vessels landed bluefish to dealers on Florida's east coast in 2002.
In addition, in 2002, approximately 2,063 party/charter vessels
caught bluefish in either state or Federal waters. All of these vessels
are considered small entities under the RFA having gross receipts of
less than $5 million annually. Since the possession limits would 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.
The Council analyzed three alternatives. The TAL recommendation and
RSA are unchanged in the alternatives, as the TAL is the level that
would achieve the target F in 2004, and the RSA is the amount allocated
through the grants process. The difference between the preferred
alternative (Alternative 1) and Alternatives 2 and 3, therefore,
relates only to the manner in which the overall TAL is allocated
between the commercial and recreational components of the bluefish
fishery. Under Alternative 1, the commercial quota allocation is 10.401
million lb (4.718 million kg), with a recreational harvest limit of
21.150 million lb (9.68 million kg). Under Alternative 2, the
commercial quota allocation is 5.363 million lb (2.433 million kg) with
a recreational harvest limit of 26.188 million lb (11.878 million kg).
Under Alternative 3, the commercial quota allocation is 9.493 million
lb (4.346 million kg) with a recreational harvest limit of 22.058
million lb (10.100 million kg).
The preferred commercial quota represents a less than 1-percent
decrease from the 2003 commercial quota, with the decrease due to the
amount specified for the RSA. The 2004 recreational harvest limit would
be 21 percent lower than the recreational harvest limit specified for
2003. However, the recreational harvest limit would still be about
twice the recreational landings for 2002. Bluefish landings for the
2000-2002 period
[[Page 28877]]
ranged from 29 to 59 percent lower than the recreational harvest limits
specified in those years, and a projection based on preliminary
recreational data for 2003 indicates that landings will be 46 percent
lower than the recreational harvest limit specified for 2003.
Therefore, under this alternative, no vessels would realize significant
revenue reductions. A total of 928 vessels were projected to incur
revenue losses as a result of the proposed commercial quota allocation,
with 95 percent of those estimated to incur losses of less than 1
percent, and none to incur losses greater than 5 percent. The affected
entities would be mostly smaller vessels that land bluefish in
Massachusetts, New Jersey, New York and North Carolina. In addition,
economic analysis of South Atlantic Trip Ticket Report data indicated
that, on average, the slight reduction in the commercial quota from
2003 to 2004 would be expected to result in small reductions in revenue
for fishermen that land bluefish in North Carolina (0.05 percent) and
Florida (0.03 percent).
The allocations specified in Alternative 2 represent a 49-percent
decrease in the commercial quota from the 2003 commercial quota, and a
2-percent decrease in the recreational harvest limit from the 2003
recreational harvest limit. The 2004 recreational harvest limit would
be more than twice the 2003 projected recreational landings. The
reduction in the commercial quota would cause 15 vessels to have
revenue losses of 50 percent or more, while 123 would have revenue
losses from 5 to 49 percent. An additional 790 vessels would incur
revenue losses of less than 5 percent of their total ex-vessel revenue.
Also, evaluation of South Atlantic Trip Ticket Reports indicates an
average of 4.43 and 0.03-percent reductions in revenue for fishermen
that land bluefish in North Carolina and Florida, respectively.
Alternative 3 represents a 9-percent decrease in the total
allowable commercial landings for bluefish in 2003 versus 2004. The
2004 recreational harvest limit would be 17 percent lower than the
estimated recreational landings in 2003. Under this scenario, a total
of 53 vessels would incur revenue losses from 5 to 19 percent due to
the reduction in the commercial quota. An additional 875 commercial
vessels would incur revenue losses of less than 5 percent of their
total ex-vessel revenue. Also, evaluation of South Atlantic Trip Ticket
Reports indicate reduction in revenues of 0.82 and 0.05-percent for
fishermen that land bluefish in North Carolina and Florida,
respectively.
The Council further analyzed the impacts on revenues of the
proposed RSA specified in all three alternatives. The social and
economic impacts of this proposed RSA are expected to be minimal.
Assuming the full RSA is allocated for bluefish, the set-aside amount
could be worth as much as $101,235 dockside, based on a 2002 price of
$0.34 per pound for bluefish. Assuming an equal reduction among all 928
active dealer reported vessels, this could mean a reduction of about
$109 per individual vessel. Changes in the recreational harvest limit
would be insignificant (less than 1 percent decrease), if 2 percent of
the TAL is used for research. It is unlikely that there would be
negative impacts. A copy of this analysis is available from the Council
(see ADDRESSES).
Dated: May 14, 2004.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 04-11350 Filed 5-18-04; 8:45 am]
BILLING CODE 3510-22-S