[Federal Register Volume 75, Number 93 (Friday, May 14, 2010)]
[Rules and Regulations]
[Pages 27221-27224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11611]


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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.

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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 http://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 http://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: B<INF>2008</INF> 
= 360.957 million lb (163,727 mt) is greater than the minimum biomass 
threshold, \1/2\ B<INF>MSY</INF> = 162 million lb (73,526 mt), and is 
actually above the long-term biomass target (B<INF>MSY</INF>). 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 
(F<INF>2008</INF> = 0.12) is less than the maximum F overfishing 
threshold specified by the 41st Stock Assessment Review Committee 
(F<INF>MSY</INF> = 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 
F<INF>target</INF> defined as 90 percent of F<INF>MSY</INF> (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 F<INF>target</INF> 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 
B<INF>MSY</INF>).
    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: http://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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