80_FR_23329 80 FR 23249 - Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; 2015 Atlantic Bluefish Specifications

80 FR 23249 - Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; 2015 Atlantic Bluefish Specifications

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 80 (April 27, 2015)

Page Range23249-23252
FR Document2015-09684

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.

Federal Register, Volume 80 Issue 80 (Monday, April 27, 2015)
[Federal Register Volume 80, Number 80 (Monday, April 27, 2015)]
[Proposed Rules]
[Pages 23249-23252]
From the Federal Register Online  [www.thefederalregister.org]
[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.

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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: 
http://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



                                                                          Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules                                            23249

                                                 SUPPLEMENTARY INFORMATION:     This is a                DEPARTMENT OF COMMERCE                                 A’’ in the required fields if you wish to
                                                 summary of the Bureau’s public notice,                                                                         remain anonymous).
                                                 WC Docket No. 05–25, RM–10593, DA                       National Oceanic and Atmospheric                         Copies of the specifications
                                                 15–382, released March 27, 2015. This                   Administration                                         document, including the Environmental
                                                 document does not contain information                                                                          Assessment and Initial Regulatory
                                                 collection(s) subject to the Paperwork                  50 CFR Part 648                                        Flexibility Analysis (EA/IRFA) and
                                                 Reduction Act of 1995 (PRA), Public                                                                            other supporting documents for the
                                                                                                         [Docket No. 150126074–5074–01]
                                                 Law 104–13. In addition, therefore, it                                                                         specifications, are available from Dr.
                                                 does not contain any new or modified                    RIN 0648–XD742                                         Christopher M. Moore, Executive
                                                 ‘‘information collection burden[s] for                                                                         Director, Mid-Atlantic Fishery
                                                 small business concerns with fewer than                 Fisheries of the Northeastern United                   Management Council, Suite 201, 800 N.
                                                 25 employees,’’ pursuant to the Small                   States; Atlantic Bluefish Fishery; 2015                State Street, Dover, DE 19901. The
                                                 Business Paperwork Relief Act of 2002.                  Atlantic Bluefish Specifications                       specifications document is also
                                                 The complete text of this document is                                                                          accessible via the Internet at: http://
                                                                                                         AGENCY:  National Marine Fisheries                     www.greateratlantic.fisheries.noaa.gov.
                                                 available for public inspection and                     Service (NMFS), National Oceanic and
                                                 copying from 8:00 a.m. to 4:30 p.m. ET                  Atmospheric Administration (NOAA),                     FOR FURTHER INFORMATION CONTACT:     Reid
                                                 Monday through Thursday or from 8:00                    Commerce.                                              Lichwell, Fishery Management
                                                 a.m. to 11:30 a.m. ET on Fridays in the                 ACTION: Proposed specifications; request
                                                                                                                                                                Specialist, (978) 281–9112.
                                                 FCC Reference Information Center, 445                   for comments.                                          SUPPLEMENTARY INFORMATION:
                                                 12th Street SW., Room CY–A257,
                                                 Washington, DC 20554. The complete                      SUMMARY:    NMFS proposes specifications               Background
                                                 text is also available on the                           for the 2015 Atlantic bluefish fishery,                  The Atlantic bluefish fishery is jointly
                                                 Commission’s Web site at http://                        including catch restrictions for                       managed by the Mid-Atlantic Fishery
                                                 wireless.fcc.gov, or by using the search                commercial and recreational fisheries.                 Management Council (Council) and the
                                                 function on the ECFS Web page at                        This action is necessary to establish                  Atlantic States Marine Fisheries
                                                 http://www.fcc.gov/cgb/ecfs/.                           effective catch constraints for the fishing            Commission (Commission). The
                                                                                                         year consistent with regulatory and                    management unit for bluefish specified
                                                 SUMMARY:    On March 27, 2015, the                      statutory requirements. The intent of                  in the Atlantic Bluefish Fishery
                                                 Commission released a public notice                     this action is to establish the allowable              Management Plan (FMP) is U.S. waters
                                                 extending the deadlines for filing                      2015 harvest levels and other                          of the western Atlantic Ocean.
                                                 comments and reply comments in                          management measures to achieve the                     Regulations implementing the FMP
                                                 response to Section IV.B of the Special                 target fishing mortality rate, consistent              appear at 50 CFR part 648, subparts A
                                                 Access FNPRM in the Commission’s                        with the Atlantic Bluefish Fishery                     and J. The regulations requiring annual
                                                 special access rulemaking proceeding                    Management Plan.                                       specifications are found at § 648.162.
                                                 until July 1, 2015 and July 22, 2015,                   DATES: Comments must be received on                      The annual specifications process
                                                 respectively. On December 11, 2012, the                 or before May 12, 2015.                                requires that the Council’s Bluefish
                                                 Commission adopted an order requiring                   ADDRESSES: You may submit comments,                    Monitoring Committee and its Scientific
                                                 providers and purchasers of special                     identified by NOAA–NMFS–2015–0048,                     and Statistical Committee (SSC) review
                                                 access and certain entities providing                   by any one of the following methods:                   the best available scientific information
                                                 ‘‘best efforts’’ service to submit data and                • Electronic Submissions: Submit all                and make specification
                                                 information for a comprehensive                         electronic public comments via the                     recommendations to the Council. These
                                                 evaluation of the special access market                 Federal e-Rulemaking portal. Go to                     groups have reviewed the 2014 updated
                                                 and, in Section IV.B of the                             www.regulations.gov/                                   bluefish stock assessment, which is
                                                 accompanying Special Access FNPRM,                      #!docketDetail;D=NOAA-NMFS-2015-                       summarized in the Environmental
                                                 sought comment on changes to its rules                  0048, click the ‘‘Comment Now!’’ icon,                 Assessment and supporting documents.
                                                 for special access services provided by                 complete the required fields, and enter                Based on the recommendations of the
                                                 incumbent local exchange carriers in                    or attach your comments.                               Monitoring Committee and SSC, the
                                                 price cap areas. The process for                           • Mail: Submit written comments to                  Council makes its specification
                                                 facilitating public access to the data                  John Bullard, Regional Administrator,                  recommendations to the NMFS Greater
                                                 consistent with the protective order                    NMFS, Greater Atlantic Regional                        Atlantic Regional Administrator.
                                                 released on October 1, 2014 is ongoing                  Fisheries Office, 55 Great Republic                    Because this FMP is a joint plan, the
                                                 but the data is not yet available, and                  Drive, Gloucester, MA 01930.                           Commission also meets during the
                                                 there is insufficient time for the public                  Instructions: Comments sent by any                  annual specification process to adopt
                                                                                                         other method, to any other address or                  complementary measures.
                                                 to access and review this information
                                                 before filing comment and reply                         individual, or received after the end of                 The Council’s recommendations must
                                                                                                         the comment period, may not be                         include supporting documentation
                                                 comments. The Bureau therefore
                                                                                                         considered by NMFS. All comments                       concerning the environmental,
                                                 extends the deadline for filing
                                                                                                         received are a part of the public record               economic, and social impacts of the
                                                 comments until July 1, 2015 and reply
                                                                                                         and will generally be posted for public                recommendations. NMFS is responsible
Rmajette on DSK2VPTVN1PROD with PROPOSALS




                                                 comments until July 22, 2015.                           viewing on www.regulations.gov                         for reviewing these recommendations to
                                                 Federal Communications Commission.                      without change. All personal identifying               ensure that they achieve the FMP
                                                 Pamela Arluk,                                           information (e.g., name, address, etc.),               objectives and are consistent with
                                                 Acting Chief, Pricing Policy Division, Wireline         confidential business information, or                  applicable law. NMFS then conducts
                                                 Competition Bureau.                                     otherwise sensitive information                        rulemaking through the Federal
                                                 [FR Doc. 2015–09772 Filed 4–24–15; 8:45 am]             submitted voluntarily by the sender will               Register to propose measures, solicit
                                                                                                         be publically accessible. NMFS will                    public comment and publish final
                                                 BILLING CODE 6712–01–P
                                                                                                         accept anonymous comments (enter ‘‘N/                  measures.


                                            VerDate Sep<11>2014   14:40 Apr 24, 2015   Jkt 235001   PO 00000   Frm 00007   Fmt 4702   Sfmt 4702   E:\FR\FM\27APP1.SGM   27APP1


                                                 23250                               Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules

                                                 Proposed Specifications                                                      Proposed 2015 Catch Limits                                               Program data regarding the 2014
                                                                                                                                 Based upon the results of the                                         recreational harvest as they become
                                                 Updated Model Estimates
                                                                                                                              assessment update and the Council’s                                      available. The 2015 transfer amount
                                                    Overfishing for bluefish is defined as                                                                                                             may be changed for the final rule
                                                 fishing mortality that exceeds the                                           risk policy, the SSC recommended an
                                                                                                                              acceptable biological catch (ABC) of                                     depending on our analysis of the final
                                                 fishing mortality rate that allows                                                                                                                    2014 recreational landings data. If such
                                                 maximum sustainable yield (FMSY), or                                         21.544 million lb (9,772 mt) for 2015.
                                                                                                                              The Council recommended no                                               a change occurs, we will provide
                                                 when the maximum F threshold is                                                                                                                       additional data and explanation in the
                                                 exceeded. The stock is considered                                            deductions to account for management
                                                                                                                              uncertainty; therefore, ABC=ACL=ACT.                                     final rule.
                                                 overfished if the biomass (B) falls below
                                                 the minimum biomass threshold,                                               The ACT is initially allocated between                                      The Council is not recommending
                                                 defined as 1⁄2 BMSY. Amendment 1 to the                                      the recreational fishery (83 percent) and                                allocating research set-aside quota for
                                                 FMP established that the long-term                                           the commercial fishery (17 percent).                                     2015; therefore, no additional
                                                 target F is 90 percent of FMSY (FMSY =                                       After deducting an estimate of                                           adjustments to commercial or
                                                 0.19; therefore Ftarget = 90 percent of                                      recreational discards (commercial                                        recreational allocations are needed. The
                                                 FMSY, or 0.17), and the long-term target                                     discards are considered negligible), the                                 final proposed commercial quota for
                                                 biomass is BMSY = 324 million lb                                             recreational harvest limit (RHL) would                                   2015 is 5.119 million lb (2,322 mt),
                                                 (147,052 mt).                                                                be 13.073 million lb (5,930 mt) and the                                  which would be a 31-percent decrease
                                                    The stock assessment model was                                            commercial quota would be 5.119                                          from 2014 (7.458 million lb, 3,383 mt),
                                                 updated in July 2014 in order to                                             million lb (2,322 mt).                                                   and the proposed RHL is 13.073 million
                                                 estimate the current status of the                                              The FMP specifies that if 17 percent                                  lb (5,930 mt), which would be a 3-
                                                 bluefish stock (i.e., 2013 biomass and F                                     of the TAL is less than 10.500 million                                   percent decrease from the 2014 RHL
                                                 estimates). This update was used by the                                      lb (4,763 mt), and the recreational                                      (13.52 million lb, 6,133 mt).
                                                 Monitoring Committee and the SSC to                                          fishery is not projected to land its
                                                 recommend 2015 specifications. The                                           harvest limit for the upcoming year, the                                 Proposed Recreational Possession Limit
                                                 results of the assessment update were as                                     commercial fishery may be allocated up
                                                                                                                              to 10.500 million lb (4,763 mt) as its                                     NMFS proposes not to change the
                                                 follows: (1) An estimated stock biomass
                                                                                                                              quota, provided that the combination of                                  current recreational possession limit,
                                                 for 2013, B2013 = 273 million lb (123,716
                                                                                                                              the projected recreational landings and                                  consistent with the recommendation by
                                                 mt); and (2) an estimated fishing
                                                 mortality rate for 2013, F2013 = 0.118.                                      the commercial quota does not exceed                                     the Council. This would maintain a
                                                 Based on the updated 2013 estimate of                                        the TAL. Under such a scenario, the                                      daily recreational possession limit of up
                                                 bluefish stock biomass, the bluefish                                         RHL would then be adjusted so that the                                   to 15 fish per person for 2015.
                                                 stock is not considered overfished: B2013                                    TAL remains unchanged.                                                   Proposed State Commercial Allocations
                                                 is less than BMSY, but well above the                                           The Council projected an estimated
                                                 minimum biomass threshold of 162                                             2015 annual recreational harvest of                                         The proposed state commercial
                                                 million lb (73,526 mt). The updated                                          13.073 million lb (5,930 mt). As such, it                                allocations for the recommended 2015
                                                 model results also conclude that the                                         is expected that a transfer of up to 1.460                               commercial quota are shown in Table 1,
                                                 Atlantic bluefish stock is not                                               million lb (662 mt) from the recreational                                based on the percentages specified in
                                                 experiencing overfishing; i.e., the most                                     sector to the commercial sector could be                                 the FMP. There were no states that
                                                 recent F (F2013 = 0.118) is less than the                                    approved. This option represents the                                     exceeded their quota in 2014; therefore,
                                                 maximum F overfishing threshold (FMSY                                        preferred alternative recommended by                                     no accountability measures are expected
                                                 = 0.19). Bluefish was declared rebuilt in                                    the Council. We intend to evaluate final                                 to be implemented for the 2015 fishing
                                                 2009.                                                                        Marine Recreational Information                                          year.

                                                                                 TABLE 1—PROPOSED BLUEFISH COMMERCIAL STATE-BY-STATE ALLOCATIONS FOR 2015
                                                                                                                                                                                                                  2015 Proposed    2015 Proposed
                                                                                                                                                                                                                    commercial       commercial
                                                                                                                   State                                                                          Percent share       quota            quota
                                                                                                                                                                                                                       (lb)             (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
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                                                 GA ..........................................................................................................................................           0.0095              486             220
                                                 FL ...........................................................................................................................................         10.0597          514,956         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                                                23251

                                                 Classification                                                owner) landed bluefish during the                       Description of Significant Alternatives
                                                   Pursuant to section 304(b)(1)(A) of the                     2011–2013 period, with 1,001 of those                   to the Proposed Action Which
                                                 Magnuson-Stevens Fishery                                      businesses categorized as small business                Accomplish the Stated Objectives of
                                                 Conservation and Management Act, the                          and 8 categorized as large business.                    Applicable Statues and Which Minimize
                                                 NMFS Assistant Administrator has                              However, the affiliate database used to                 Any Significant Economic Impact on
                                                 determined that this proposed rule is                         identify small/large business firms that                Small Entities
                                                 consistent with the Atlantic Bluefish                         have recently participated in the                          The small entities that could be
                                                 FMP, other provisions of the Magnuson-                        bluefish fishery does not contain                       affected by this action include any
                                                 Stevens Act, and other applicable law,                        detailed ownership data for business                    business entity holding an active
                                                 subject to further consideration after                        entities in the South Atlantic Region. As               Federal permit for Atlantic bluefish, as
                                                 public comment.                                               such, the South Atlantic Trip Ticket                    well as owners of vessels that fish for
                                                   These proposed specifications are                           reports were used to identify vessels                   Atlantic bluefish in state waters. There
                                                 exempt from review under Executive                            participating in the bluefish fishery                   were 1,009 Northeast fishing businesses
                                                 Order 12866.                                                  within the region. The South Atlantic                   that landed bluefish from 2011–2013,
                                                   An IRFA was prepared, as required by                                                                                1,001 are considered small business
                                                                                                               Trip Ticket reports identified 790
                                                 section 603 of the Regulatory Flexibility                                                                             entities; there would be no
                                                                                                               vessels that landed bluefish in North
                                                 Act (RFA), which describes the                                                                                        disproportionate impacts between large
                                                                                                               Carolina and 1,338 vessels that landed
                                                 economic impact this proposed rule, if                                                                                and small entities as a result of the
                                                 adopted, would have on small entities.                        bluefish on Florida’s east coast in 2013.1
                                                                                                               Bluefish landings in South Carolina and                 proposed rule. There are 765 vessels in
                                                 The IRFA is summarized here.                                                                                          North Carolina that landed bluefish
                                                                                                               Georgia were near zero in 2013,
                                                 Description of the Reasons Why Action                         representing a negligible proportion of                 quota from 2011–2013; on average those
                                                 by the Agency Is Being Considered                             the total bluefish landings along the                   vessels generated 10.8% of their ex-
                                                                                                                                                                       vessel revenue from bluefish landings.
                                                    A description of the action and why                        Atlantic Coast. Therefore, this analysis
                                                                                                                                                                       There are 1,227 vessels in on the east
                                                 it is being considered are contained at                       assumed that no vessel activity for these
                                                                                                                                                                       coast of Florida that landed bluefish
                                                 the beginning of this preamble and in                         two states took place in 2013. In recent
                                                                                                                                                                       quota from 2011–2013; on average those
                                                 the SUMMARY.                                                  years, approximately 2,000 party/charter                vessels generated 0.83% of their ex-
                                                 Statement of the Objective of, and Legal                      vessels have been active in the bluefish                vessel revenue from bluefish landings.
                                                 Basis for, This Proposed Rule                                 fishery and/or have caught bluefish.                       The IRFA in the Draft EA for this
                                                    The statement of the objective and the                     Description of the Projected Reporting,                 action addressed two alternatives
                                                 legal basis for this action are contained                     Record-Keeping, and Other Compliance                    (including a no action/status quo
                                                 at the beginning of this preamble and in                      Requirements of This Proposed Rule                      alternative) for the 2015 Atlantic
                                                 the SUMMARY.                                                                                                          bluefish fishing year. Both quota
                                                                                                                 There is no new reporting or                          alternatives considered in this analysis
                                                 Description and Estimate of the Number                        recordkeeping requirements contained                    are based on various commercial harvest
                                                 of Small Entities to Which This                               in any of the alternatives considered for               levels for bluefish. For analysis of
                                                 Proposed Rule Would Apply                                     this action.                                            impacts of the No Action Alternative,
                                                    The Small Business Administration                                                                                  the current commercial quota of 7.458
                                                 (SBA) defines a small business in the                         Federal Rule Which May Duplicate,                       million lb (3,383 mt) and RHL of 13.523
                                                 commercial harvesting sector as a firm                        Overlap, or Conflict With This Proposed                 million lb (6,134 mt) for 2014 would be
                                                 with receipts (gross revenues) of up to                       Rule                                                    maintained. For analysis of impacts of
                                                 $5.5 million for shellfish and $20.5                                                                                  the Preferred Action Alternative, the
                                                                                                                 NMFS is not aware of any relevant
                                                 million for finfish businesses. A small                                                                               transfer of 1.457 million lb (661 mt)
                                                                                                               Federal rules that may duplicate,                       from the recreational sector to the
                                                 business in the recreational fishery is a
                                                                                                               overlap, or conflict with this proposed                 commercial sector was used. The
                                                 firm with receipts of up to $7.5 million.
                                                    According to the 2011–2013 Northeast                       rule.                                                   calculated TAL, commercial quota and
                                                 affiliate ownership database, 1,009                                                                                   the RHL for the Preferred Alternative
                                                 fishing businesses or affiliated firms                                                                                (Council’s preferred) and the No Action
                                                 (vessels grouped together by a common                                                                                 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
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                                                 Commercial Fishery Impacts                                    and analysis of potential changes in ex-                dealer reports and South Atlantic Trip
                                                                                                               vessel gross revenue that would result                  Ticket reports.
                                                    To assess the impact of the                                from each alternative, using Northeast                    Under the No Action Alternative, the
                                                 alternatives on commercial fisheries, the                                                                             2015 specifications would have no
                                                 Council conducted a threshold analysis                                                                                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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                                                 23252                    Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules

                                                 commercial landings or RHL relative to                  associated with the 2015 quota                         approximately 13 percent below the
                                                 the 2014 limits. As such, it is expected                compared to the 2014 quota are                         recreational landings for 2013 (15.388
                                                 that no change in revenues or fishing                   expected to be approximately 3.4% for                  million lb, 6,980 mt), and the RHL for
                                                 opportunities would occur. The No                       the Preferred Alternative and 5.5% for                 Alternative 2 (14.530 million lb, 6, 591
                                                 Action Alternative would likely result                  Alternative 2, for fishermen that land                 mt) is approximately 5.5 percent below
                                                 in quota constraints for vessels in New                 bluefish in North Carolina.                            the recreational landings for 2013.
                                                 York and Massachusetts; however, these                     In Florida, 1,227 vessels landed                      While the proposed recreational
                                                 quota constraints would not have an                     bluefish from 2011–2013, and 0.83% of                  harvest limit under the Preferred
                                                 economic impact due to the ability to                   their total ex-vessel revenue was                      Alternative for 2015 is lower than the
                                                 transfer quota from state to state.                     generated from bluefish landings. On                   limit implemented in 2014 (13.523
                                                    Under the Preferred Alternative, 57                  average, reduction in revenues due to                  million lb) and 2013 recreational
                                                 business entities were projected to incur               the potential decrease in landings                     landings (15.388 million lb), the
                                                 revenue losses of 5 percent or more, 944                associated with the 2015 quota                         projected landings for 2015 are expected
                                                 entities were projected to incur losses of              compared to the 2014 quota are                         to be similar to the proposed limit under
                                                 less than 5 percent in 2015. Under                      expected to be approximately 0.3% for                  this alternative. Therefore, it is
                                                 Alternative 2 (non-preferred), 87                       the Preferred Alternative and 0.4% for
                                                 business entities were projected to incur                                                                      anticipated that the proposed RHL will
                                                                                                         Alternative 2, for fishermen that land                 not limit recreational catch or negatively
                                                 revenue losses of 5 percent or more, 914                bluefish in Florida.
                                                 entities were projected to incur losses of                                                                     impact recreational fishing revenue. It is
                                                                                                            If commercial quota is transferred
                                                 less than 5 percent in 2015. For both                                                                          not anticipated that this management
                                                                                                         from a state or states that do not land
                                                 alternatives, the majority of vessels with                                                                     measure will have any negative effects
                                                                                                         their entire bluefish quota for 2015, as
                                                 greater than 5 percent of revenue losses                                                                       on recreational fishermen or affect the
                                                                                                         was done in frequently in previous
                                                 had total gross sales of $10,000 or less                                                                       demand for party/charter boat trips.
                                                                                                         years, the number of affected entities
                                                 (average for all possible species                                                                              This alternative is not expected to
                                                                                                         could change. Transfers could lessen the
                                                 combined not just bluefish in 2011–                                                                            significantly affect angler satisfaction
                                                                                                         adverse economic impact on vessels
                                                 2013), which may indicate that the                                                                             nor expected to result in landings in
                                                                                                         landing in the state(s) receiving quota
                                                 dependence on fishing for some of these                                                                        excess of the recreational harvest limit.
                                                                                                         transfers for both alternatives. Such
                                                 vessels is small.                                                                                              Overall, it is not expected that the final
                                                                                                         transfers cannot be predicted or
                                                    The South Atlantic Trip Ticket Report                                                                       recreational management measures will
                                                                                                         projected, as each occurs on a case by
                                                 data indicated that 765 vessels landed                                                                         significantly affect gross revenues of
                                                                                                         case agreement between states.
                                                 commercial bluefish quota in North                                                                             businesses providing goods and services
                                                 Carolina from 2011–2013. On average,                    Recreational Fishery Impacts                           to anglers participating in the party/
                                                 these vessels generated 10.8% of their                    It is very difficult to calculate the                charter boat, private/rental boat, and
                                                 total ex-vessel revenue from bluefish                   economic value of recreational fisheries.              shore fisheries for bluefish.
                                                 landings. The commercial landings are                   However, the Preferred Action                            Authority: 16 U.S.C. 1801 et seq.
                                                 projected to decrease as a consequence                  Alternative RHL (13.073 million lb,
                                                                                                                                                                  Dated: April 17, 2015.
                                                 of the 2015 allocation when compared                    5,930 mt) is approximately 15 percent
                                                 to the 2014 allocation by approximately                 below the recreational landings for 2013               Eileen Sobeck,
                                                 31.4% under the Preferred Alternative                   (15.388 million lb, 6,980 mt). Under the               Assistant Administrator for Fisheries,
                                                 and 50.9% under Alternative 2. On                       No Action Alternative, the                             National Marine Fisheries Service.
                                                 average, reduction in revenues due to                   recommended RHL for the recreational                   [FR Doc. 2015–09684 Filed 4–24–15; 8:45 am]
                                                 the potential decrease in landings                      sector (13.523 million lb, 6,134 mt) is                BILLING CODE 3510–22–P
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Document Created: 2015-12-16 08:29:27
Document Modified: 2015-12-16 08:29:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed specifications; request for comments.
DatesComments must be received on or before May 12, 2015.
ContactReid Lichwell, Fishery Management Specialist, (978) 281-9112.
FR Citation80 FR 23249 
RIN Number0648-XD74

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