[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)]
[Rules and Regulations]
[Pages 46848-46852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19269]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 150126074-5655-02]
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: Final rule.
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SUMMARY: NMFS is implementing final specifications for the 2015
Atlantic bluefish fishery, including catch restrictions for commercial
and recreational fisheries. This action is necessary to establish the
2015 harvest limits and management measures to prevent overfishing. The
intent of the action is to inform the public of the 2015 catch limits
and state-to-state commercial quota transfers consistent with the
Atlantic Bluefish Fishery Management Plan and the recommendations of
the Mid-Atlantic Fishery Management Council. NMFS is also approving
transfers of commercial bluefish quota from the Commonwealth of
Virginia and the State of Florida to the State of New York to ensure
New York quota would not be exceeded.
DATES: The final specifications and state-to-state commercial quota
transfers for the 2015 bluefish fishery are effective August 5, 2015,
through December 31, 2015.
ADDRESSES: 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: http://www.greateratlantic.fisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Reid Lichwell, Fishery Management
Specialist, (978) 281-9112.
[[Page 46849]]
SUPPLEMENTARY INFORMATION:
Background
The Atlantic bluefish fishery is jointly managed by the Mid-
Atlantic Fishery Management Council and the Atlantic States Marine
Fisheries Commission. The management unit for bluefish specified in the
Atlantic Bluefish Fishery Management Plan 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, and are described in the proposed rule. The
proposed rule for this action published in the Federal Register on
April 27, 2015 (80 FR 23249), and comments were accepted through May
12, 2015.
Final Specifications
A description of the process used to estimate bluefish stock status
and fishing mortality, as well as the process for deriving the annual
catch limit (ACL) and associated quotas and harvest limits, is provided
in the proposed rule and in the bluefish regulations at Sec. Sec.
648.160 through 648.162. The stock is not overfished or experiencing
overfishing, and the catch limits described below reflect the best
available scientific information for bluefish. The final 2015 bluefish
acceptable biological catch (ABC), ACL, and Annual Catch Target (ACT)
are specified at 21.544 million lb (9,772 mt).
The ACT is initially allocated between the recreational fishery (83
percent) and the commercial fishery (17 percent). After deducting 3.351
million lb (1,520 mt) to adjust for recreational discards (commercial
discards are considered negligible), the recreational Total Allowable
Landings (TAL) is 14.530 million lb (6,591 mt) and the commercial TAL
is 3.662 million lb (1,661 mt).
A transfer of quota from the recreational to the commercial sector
is permitted under the FMP because the initial commercial fishery ACT
is less than 10.50 million lb (4,763 mt) and the recreational fishery
is not projected to land its harvest limit in 2015.
The recreational landings for 2015 are projected to be 12.951
million lb (5,875 mt). This projection was based on the average
recreational landings from 2012 through 2014, including final 2014
Marine Recreational Information Program data that became available
after the publication of the proposed rule. With the addition of
updated and final recreational landings data, the projected 2015
recreational landings (12.951 million lb; 5,875 mt) are lower than what
was published in the proposed rule (13.073 million lb; 5,930 mt). We
are implementing a revised transfer of 1.579 million lb (716 mt) from
the recreational to the commercial sector in the final rule. This
updated final transfer results in an adjusted 2015 commercial quota of
5.241 million lb (2,377 mt), a 35-percent decrease from 2014 (7.458
million lb; 3,383 mt), and an adjusted 2015 RHL of 12.951 million lb
(5,875 mt), a 4.3-percent decrease from the 2014 RHL (13.523 million
lb; 6,133 mt). Consistent with Council recommendations, these final
specifications do not allocate research set-aside quota for 2015;
therefore, no additional adjustments to commercial or recreational
allocations are needed.
The final rule implementing Amendment 1 to the Bluefish Fishery
Management Plan, which was published in the Federal Register on July
26, 2000 (65 FR 45844), provided a mechanism for bluefish quota to be
transferred from one state to another. Two or more states, under mutual
agreement and with the concurrence of the Administrator, Greater
Atlantic Region, NMFS (Regional Administrator), can transfer or combine
bluefish commercial quota under Sec. 648.162(e). The Regional
Administrator is required to consider the criteria in Sec.
648.162(e)(1) in the evaluation of requests for quota transfers or
combinations.
During the processing of this final rule, the Commonwealth of
Virginia and the State of Florida each requested we transfer 150,000 lb
(68,039 kg) to the State of New York to help ensure the NY state quota
would not be exceeded. The state commercial transfers will not preclude
the overall annual quota from being fully harvested, and will also
address contingencies in the fishery. In addition, the transfer is
consistent with the objectives of the FMP and the Magnuson-Stevens
Fishery Conservation and Management Act. These transfers have been
approved and are incorporated within this final rule and the individual
state quota allocations have been adjusted to reflect the transfers.
The final bluefish quotas are shown in Table 1.
Final Recreational Possession Limit
Consistent with the recommendation by the Council, this final rule
maintains the status quo daily recreational possession limit of up to
15 fish per person for 2015.
Final State Commercial Allocations
The final state commercial allocations, including the previously
outlined transfers, for the recommended 2015 commercial quota are shown
in Table 1. The initial quotas are based on the percentages specified
in the FMP. There were no states that exceeded their quota in 2014;
therefore, no accountability measures are being implemented for the
2015 fishing year.
Table 1--Final Bluefish Commercial State-by-State Allocations for 2015
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2015
Commercial 2015 Transfer Final 2015 Final 2015
State Percent quota (lb) of commercial commercial commercial
share before quota (lb) as quota (lb) quota (kg)
transfer of 7/10/2015
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ME................................. 0.6685 35,037 .............. 35,037 15,893
NH................................. 0.4145 21,725 .............. 21,725 9,854
MA................................. 6.7167 352,036 .............. 352,036 159,682
RI................................. 6.8081 356,826 .............. 356,826 161,855
CT................................. 1.2663 66,369 .............. 66,369 30,105
NY................................. 10.3851 544,304 +300,000 844,304 382,970
NJ................................. 14.8162 776,547 .............. 776,547 352,239
DE................................. 1.8782 98,440 .............. 98,440 44,652
MD................................. 3.0018 157,330 .............. 157,330 71,365
VA................................. 11.8795 622,629 -150,000 472,629 214,380
NC................................. 32.0608 1,680,371 .............. 1,680,371 762,211
SC................................. 0.0352 1845 .............. 1,845 837
GA................................. 0.0095 498 .............. 498 226
FL................................. 10.0597 527,249 -150,000 377,249 171,117
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[[Page 46850]]
Total.......................... 100.0001 5,241,202 .............. 5,241,202 2,377,394
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Comments and Responses
The public comment period for the proposed rule ended on May 12,
2015. There were 19 comments that resulted in 9 groups of substantive
comments received from the public, including recreational and
commercial fishermen, in regards to the proposed rule. Three comments
were non-substantive and did not address this rule or the subject
matter related to the rule.
Comment 1: One commenter generally criticized NMFS and the data
used to set catch limits. The commenter did not suggest other data or
approaches that might be better suited for establishing specifications.
Response: Consistent with National Standard 2 of the MSA, NMFS used
the best scientific information available and is approving
specifications for the bluefish fishery. The most up-to-date stock
assessment and recreational and commercial catch data were used. The
final specifications in this rule are consistent with the FMP and
recommendations of the Council.
Comment 2: One commenter expressed concern regarding the economic
effects that this rule would have on the recreational sector,
specifically party and charter/head boat businesses. The commenter
suggested there should be an increase in quota specifically for
charter/head boats.
Response: NMFS disagrees that a quota increase for charter and
party vessels is needed. The 2015 specifications have been established
following the procedures set forth in the FMP, which does not allocate
bluefish harvest between sectors of the recreational fishery. Marine
Recreational Information Program (MRIP) catch data by mode for 2013
indicate that approximately 59 percent of bluefish were caught from
shore, 34 percent of bluefish were caught from private and rental
boats, and 7 percent from party and charter boats. The 2015 RHL
represents approximately 71 percent of the coastwide total allowable
landings for bluefish when accounting for transfers, which are expected
to be equivalent to recent observed recreational harvest across all
sectors (shore, private, charter, etc.). As such, the 2015 RHL is not
likely to constrain party or charter fishing opportunity or catch.
According to the analyses in the EA supporting this action (see
ADDRESSES), the economic impacts of these specifications have neutral
to slightly negative impacts that are not expected to be significant to
any component of the recreational fishery.
Comment 3: One commenter suggested that with the decrease in
private angler and for-hire effort, there should be no reduction in the
bluefish recreational quota.
Response: NMFS disagrees. The RHL is set to equal the expected
recreational catch for 2015. NMFS calculates the expected catch by
averaging the yearly recreational landing over a three-year period
(2012-2014) using MRIP data. Although the 2014 RHL is less than the
2015 RHL, the fishery is projected to catch less bluefish
recreationally during 2015. Therefore, the RHL is not likely to
constrain or limit recreational fishing opportunity in 2015.
Comment 4: Three commenters requested clarification for the
decision to reduce the ACL, given that the bluefish stock is not
currently being overfished.
Response: Although the bluefish stock is not currently overfished
or experiencing overfishing, estimated biomass has declined slightly in
recent years. Based upon the results of the 2014 assessment update for
bluefish, the Council's Scientific and Statistical Committee (SSC)
recommended a reduction in the ABC for 2015. This reduction is
necessary to reduce the risk of overfishing the stock.
Comment 5: Three commenters, including an operator of a party boat
that targets bluefish, agreed with NMFS that the current recreational
bag limit of 15 bluefish per person per day should remain unchanged for
the 2015 fishing year.
Response: NMFS agrees and has retained the Council's recommendation
that the status quo recreational bag limit of 15 bluefish per person,
per day remain in place for the 2015 fishing year.
Comment 6: Five commenters stated that the bluefish specifications
should remain unchanged from the 2014 fishing year. The comments
offered no suggestions on why specifications should remain unchanged.
Response: NMFS disagrees that the status quo bluefish
specifications would be appropriate for 2015. As outlined in the
response to comment number 3, the bluefish biomass has declined. The
specifications in place for 2014 would be expected to result in
negative biological impacts to the bluefish stock. If the 2014 catch
limits remain in place for 2015 and were fully achieved, it would
result in catches above the ABC recommended by the SSC, and could
result in overfishing. Under National Standard 1 guidelines, the
Council cannot recommend catch limits higher than the ABC recommended
by its SSC.
Comment 7: Two commenters expressed concern that the 2015
specifications imposed regulations that were too severe and would have
an adverse effect on small businesses in the commercial sector.
Response: According to the economic analyses in the EA (see
ADDRESSES), the impacts of the 2015 specifications are not expected to
be significant. Although there are 1,009 affiliate firms that caught
bluefish from 2011 to 2013, of those, 1,001 were considered small
business entities and bluefish comprised a very small amount of their
annual gross revenues, averaging 0.63 percent.
The 2015 commercial bluefish quota is lower than the commercial
quota implemented in 2014. However, the 2015 quota is higher than the
realized commercial landings for 2014. Under the 2015 commercial quota,
it is expected that commercial bluefish fishermen would likely land
bluefish similarly to 2014 landings. Furthermore, the Bluefish FMP
permits states to transfer bluefish quota to each other as a tool to
mitigate the potential adverse economic impacts of a fishery closure in
a particular state.
Comment 8: One commenter expressed concern that offshore fleets
outside of the Exclusive Economic Zone (EEZ) are having an adverse
impact on bluefish abundance. The commenter suggested that the EEZ
border be expanded to improve U.S. fish stocks.
Response: NMFS recognizes that a small amount of bluefish are
caught outside the U.S. EEZ. Bluefish stock assessments are based on
data collected from within EEZ and changes in stock biomass from a
variety of sources,
[[Page 46851]]
including international fishing pressures, are part of the assessment.
Changes to the EEZ boundaries would be beyond the scope of this rule.
Comment 9: One commenter inquired about the reduction in the
commercial quota compared to a smaller reduction in the recreational
TAL. The commenter asked if there could be a more equitable split in
quota reduction to accomplish the same conservation goals.
Response: Bluefish catch is allocated between the recreational and
commercial fisheries according to specific requirements in the Bluefish
FMP, as described in the EA (see ADDRESSES). Allocation changes can be
addressed by the Council through an FMP amendment. Apart from the
previously described transfer, NMFS has no authority to alter
allocations between the commercial and recreational sector. How the
2015 specifications were derived is explained in detail in the preamble
of this rule and the proposed rule (80 FR 23249).
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this final 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.
The Assistant Administrator for Fisheries finds there is a need to
implement these measures in an timely manner in order to help achieve
conservation objectives for the bluefish fishery which constitutes good
cause, under authority contained in 5 U.S.C. 553(d)(3), to waive the
30-day delay in effectiveness and to make the 2015 Atlantic bluefish
specifications effective immediately upon filing with the Office of the
Federal Register.
The bluefish fishing year began on January 1, 2015, and has been
operating without an established bluefish quota. Until this final rule
becomes effective, there will be no established bluefish quota for 2015
and therefore no authority to close a fishery approaching a quota
limit. A 30-day delay in implementing this final rule would delay the
setting of quota used to properly manage and monitor bluefish stocks at
the state and federal level. Development of this final rule was
undertaken as quickly as possible; however, incorporating the most up-
to-date MRIP data necessarily created a delay while analysis occurred.
This final rule also implements two quota transfers of commercial
bluefish quota from the Commonwealth of Virginia and the State of
Florida to the State of New York to ensure New York does not exceed its
2015 commercial quota.
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 analyses
completed to support the action. A public copy of the EA/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
A Summary of the Significant Issues Raised by the Public in Response to
the IRFA, a Summary of the Agency's Assessment of Such Issues, and a
Statement of Any Changes Made in the Final Rule as a Result of Such
Comments
The comments NMFS received did not raise specific issues, but
commented generally on the economic analyses summarized in the IRFA.
Refer to the ``Comments and Responses'' section of this preamble for
more detail. No changes to the proposed rule were required to be made
as a result of public comment.
Description and Estimate of Number of Small Entities to Which the Rule
Will 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 businesses and 8
categorized as large businesses. 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. In recent years, approximately 2,000 party/
charter vessels have been active in the bluefish fishery and/or have
caught bluefish.
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\1\ Some of these vessels were also identified in the Northeast
dealer data; therefore, double counting is possible.
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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 the Agency Has Taken To Minimize the
Significant Economic Impact on Small Entities Consistent With the
Stated Objectives of Applicable Statutes
Specification of commercial quota, recreational harvest levels, and
possession limits is constrained by the conservation objectives set
forth in the FMP and implemented at 50 CFR part 648 under the authority
of the Magnuson-Stevens Act. With the specification options considered,
the measures in this final rule are the only measures that both satisfy
these overarching regulatory and statutory requirements while
minimizing, to the extent possible, impacts on small entities. The 2015
commercial quota implemented by this final rule is 35 percent lower
than the 2014 quota, but higher than actual 2014 bluefish landings. All
affected states will receive decreases in their individual commercial
quota allocations. The magnitude of the decrease varies depending on
the state's relative percent share in the total commercial quota, as
specified in the FMP. The states have the ability to transfer
commercial quota from one state to another; although the use of this
management measure cannot be predicted, it is often used to prevent
quota overages in the commercial sector and can minimize the economic
impacts associated with a quota allocation.
The 2015 RHL contained in this final rule is approximately 4.3
percent lower than the RHL in 2014. The 2015 RHL is greater than the
total recreational bluefish harvested in 2014, and therefore 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.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of
[[Page 46852]]
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 Web site: www.greateratlantic.fisheries.noaa.gov.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 31, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2015-19269 Filed 8-5-15; 8:45 am]
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