[Federal Register Volume 63, Number 156 (Thursday, August 13, 1998)]
[Proposed Rules]
[Pages 43364-43366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21766]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[I.D. 073098B]


Mid-Atlantic Fishery Management Council; Public Hearings

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Public hearings, request for comments.

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SUMMARY: The Mid-Atlantic Fishery Management Council (Council) and the 
Atlantic States Marine Fisheries Commission (Commission) will hold 
public hearings to allow for input on Amendment 1 to the Bluefish 
Fishery Management Plan (FMP).

DATES: Written comments on Amendment 1 will be accepted until September 
15, 1998. The public hearings are scheduled to be held from August 24 
to September 3, 1998. See SUPPLEMENTARY INFORMATION for specific dates 
and times.
ADDRESSES: Send comments to Christopher M. Moore, Acting Executive 
Director, Mid-Atlantic Fishery Management Council, Room 2115 Federal 
Building, 300 South New Street, Dover, DE 19904.
    The hearings will be held in Massachusetts, Rhode Island, 
Connecticut, New York, New Jersey, Delaware, Maryland, Virginia, North 
Carolina, and Florida. See SUPPLEMENTARY INFORMATION for locations of 
the hearings.

FOR FURTHER INFORMATION CONTACT: Christopher M. Moore, Acting Executive 
Director, 302-674-2331, ext 16.

SUPPLEMENTARY INFORMATION:

Background

    Amendment 1 to the FMP, prepared by the Council and the Commission, 
is intended to manage the bluefish fishery under both the Magnuson-
Stevens Fishery Conservation and Management Act of 1976, as amended by 
the Sustainable Fisheries Act (SFA), and the Atlantic Coastal Fisheries 
Cooperative Management Act. The management unit is bluefish (Pomatomus 
saltatrix) in U.S. waters in the western Atlantic Ocean. The goal of 
the management plan is to conserve the bluefish resource along the 
Atlantic coast.
    The SFA requires that an FMP's definition of overfishing contain 
status determination criteria comprised of two components: (1) A 
maximum fishing mortality threshold and (2) a minimum stock size 
threshold. For bluefish, the maximum F threshold is specified as 
FMSY, or the fishing mortality rate which produces maximum 
sustainable yield (MSY). The minimum biomass threshold is specified as 
one-half the biomass level associated with maximum sustainable yield 
(BMSY).
    The Council and Commission propose to rebuild the bluefish stock to 
the Bmsy level over a 9-year rebuilding period through the 
implementation of Amendment 1. The preferred alternative will eliminate 
overfishing and rebuild the bluefish stock through a graduated 
reduction in the fishing mortality rate. For the first 2 years of the 
rebuilding plan (1999-2000), F will remain at the

[[Page 43365]]

current level (F = 0.51) and then will be reduced to F = 0.41 in years 
3-5 (2001-2003) and finally to F = 0.31 in years 6-9 (2004-2007). This 
schedule would allow for stock rebuilding to the level which would 
support harvests at or near MSY by the year 2007.
    The following is a summary of the management measures proposed to 
be adopted by the Council and the Commission for implementation in 
Amendment 1.

Permitting and Reporting Requirements

    1. Operator permits for commercial and party and charter boats.
    2. Vessel permits for party and charter boats.
    3. Vessel permits for commercial vessels (permit to sell).
    4. Dealer permits (permits to purchase).
    5. Permitted vessels may only sell to permitted dealers and 
permitted dealers may only buy from permitted vessels.
    6. Party and charter boat, commercial vessel, and dealer reporting 
requirements.

Establishment of a Bluefish Monitoring Committee

    The Bluefish Monitoring Committee would be a joint committee of the 
Council and Commission that would consist of staff representatives of 
the Mid-Atlantic, New England, and South Atlantic Fishery Management 
Councils, the Northeast Regional Office, the Northeast Fisheries 
Center, and Commission representatives. The Bluefish Monitoring 
Committee would annually review the best available data and recommend 
to the Council Committee and Commission Bluefish Management Board 
commercial (annual quota, minimum fish size, and minimum mesh size) and 
recreational (possession and size limits and seasonal closures) 
measures designed to assure that the target mortality level for 
bluefish is not exceeded.

Framework Adjustment Process

    In addition to the annual review and modifications to management 
measures associated with the monitoring committee process, the Council 
could add or modify management measures through a framework adjustment 
procedure. This adjustment procedure would allow the Council to add or 
modify management measures through a streamlined public review process. 
As such, management measures that have been identified in the plan 
could be implemented or adjusted at any time during the year. The 
Commission could implement the same modifications through its adaptive 
management process.

Commercial Management Measures

    It would be illegal for individuals who possess commercial bluefish 
permits to possess bluefish less than 12 inches (30.5 cm) total length 
(TL). If appropriate, the minimum fish size may be changed following 
the Bluefish FMP Monitoring Committee process or the framework 
adjustment process. Minimum mesh restrictions for otter trawls and gill 
nets may be implemented according to framework provisions.
    A quota would be allocated to the commercial fishery to control 
fishing mortality. The quota would be based on the most recent 
estimates of stock size coupled with the target fishing mortality rate 
(which would allow for a calculation of total allowable landings). 
Based on the historical proportion of commercial and recreational 
landings for the period 1981-1989, 17 percent of the total allowable 
landings (TAL) would be allocated to the commercial fishery. If 17 
percent of the TAL was less than 10.5 million lb (4,763 mt), the quota 
could be increased up to 10.5 million lb (4,763 mt), providing that the 
recreational fishery was not anticipated to land its entire allocation 
for the upcoming year. A state-by-state system to distribute and manage 
the annual commercial quota would be implemented by the Council and 
Commission. Quotas would be distributed to the states based on their 
percentage share of commercial landings for the period 1981-1989.

De Minimus Specifications

    Any state that has commercial landings less than 0.1 percent of the 
total coastwide commercial landings in the last preceding year for 
which data are available would be eligible for de minimus status. The 
de minimus specifications apply only to the commercial fishery. Any 
state granted de minimus status would be allocated 0.1 percent of the 
coastwide commercial quota. The sum of the allocations to de minimus 
states would be deducted from the coastwide commercial quota before the 
remainder is allocated to the other states.

Recreational Fishery Measures

    The recreational fishery throughout the management unit would be 
managed through an annual evaluation of a framework system of 
possession limits, size limits, and seasonal closures. The annual 
recreational possession limit, size limit, and season would be set at a 
range of 0 and the maximum allowed by the recreational share of the 
adopted fishing mortality rate reduction strategy. Initially, in 
addition to the current 10 fish possession limit, it would be illegal 
for recreational fishermen to possess whole bluefish or parts of 
bluefish less than 12 inches (30.5 cm) TL. Parts of bluefish could be 
less than the minimum size if the party/charter vessel had a permit 
from the state of landing that allowed smaller parts to be landed. 
States could develop and implement alternative recreational management 
measures that were equivalent to the coastwide measures.
    A recreational harvest limit would be allocated to the recreational 
fishery to reduce exploitation rates on the fully recruited age groups. 
The harvest limit would be based on the most recent estimates of stock 
size coupled with the target fishing mortality rate (which would allow 
for a calculation of TAL). Based on the historical proportion of 
commercial and recreational landings from 1981-89, 83 percent of the 
TAL would be allocated to the recreational fishery.

Public Hearings

    The dates, locations, and times of the hearings are scheduled as 
follows:
    1. Monday, August 24, 1998, 7:30 p.m.--Kingborough Community 
College, Marine and Academic Center, 2001 Oriental Boulevard, Manhattan 
Beach, NY.
    2. Monday, August 24, 1998, 7 p.m.--Holiday Inn Toms River, 290 
Highway 37 East, Toms River, NJ.
    3. Monday, August 24, 1998, 7 p.m.--Sheraton Fontainebleau Hotel, 
10100 Coastal Highway, Ocean City, MD.
    4. Tuesday, August 25, 1998, 1 p.m.--Comfort Inn Airport, 1940 Post 
Road, Providence, RI.
    5. Tuesday, August 25, 1998, 7:30 p.m.--Holiday Inn, 3845 Veterans 
Memorial Highway, Ronkonkoma, NY.
    6. Tuesday, August 25, 1998, 7 p.m.--Grand Hotel, Oceanfront and 
Philadelphia Avenue, Cape May, NJ.
    7. Wednesday, August 26, 1998, 7 p.m.--Sandwich Community School, 
365 Quaker Meetinghouse Road, Buzzards Bay, MA.
    8. Thursday, August 27, 1998, 7 p.m.--Days Inn, 375 East Main 
Street, Branford, CT.
    9. Monday, August 31, 1998, 7:30 p.m.--Division of Fish and 
Wildlife, Department of Natural Resources Auditorium, 89 Kings Highway, 
Dover, DE.
    10. Monday, August 31, 1998, 7 p.m.--Stuart City Hall, 121 
Southwest Flagler Avenue, Stuart, FL.
    11. Tuesday, September 1, 1998, 7 p.m.--VA Marine Resources

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Commission, 2600 Washington Avenue, Newport News, VA.
     12. Wednesday, September 2, 1998, 7 p.m.--North Carolina Aquarium, 
374 Airport Road, Manteo, NC.
    13. Thursday, September 3, 1998, 7 p.m.--Duke University Marine 
Lab, 135 Duke Marine Lab Road, Beaufort, NC.
    The hearings will be taped and the tapes will be filed as the 
official transcript of the hearings.

Special Accommodations

    These hearings are physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids should be directed to Joanna Davis at the Council office 
at least 5 days prior to the hearing date.

    Authority: 16 U.S.C. et seq.

    Dated: August 6, 1998.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 98-21766 Filed 8-12-98; 8:45 am]
BILLING CODE 3510-22-F