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Federal Register / Vol. 73, No.

37 / Monday, February 25, 2008 / Rules and Regulations 9957

is liable to the United States Classification Dated: February 19, 2008.


Government for a civil penalty of not Samuel D. Rauch III,
more than $16,000 for each violation. A Pursuant to 5 U.S.C. 553(b)(B), the Deputy Assistant Administrator for
separate violation occurs for each day Assistant Administrator finds good Regulatory Programs, National Marine
the violation continues. cause to waive prior notice and Fisheries Service.
* * * * * opportunity for additional public [FR Doc. E8–3522 Filed 2–22–08; 8:45 am]
comment for this action because any BILLING CODE 3510–22–S
Issued on: February 7, 2008.
delay of this action would be contrary
Nicole R. Nason, to the public interest. As explained
Administrator. above, this rule corrects values for the DEPARTMENT OF COMMERCE
[FR Doc. E8–3518 Filed 2–22–08; 8:45 am] 2008 Adjusted Quota Less Overages and
BILLING CODE 4910–59–P RSA that had already been published in National Oceanic and Atmospheric
the Federal Register. To delay this Administration
correction notice will cause confusion
50 CFR Part 648
DEPARTMENT OF COMMERCE over the available 2008 scup quota. The
correct values for the adjusted quotas [Docket No. 071212833–8179–02]
National Oceanic and Atmospheric are greater than the values currently RIN 0648–XB94
Administration published in the Federal Register and a
delay may negatively impact fishermen Fisheries of the Northeastern United
50 CFR Part 648 during the current Winter I quota period States; Atlantic Bluefish Fisheries;
(January - April), who may not be able 2008 Atlantic Bluefish Specifications
[Docket No. 071030625–8130–02] to harvest the full amount of quota
AGENCY: National Marine Fisheries
allocated to the fishery. Moreover,
RIN 0648–XC84 Service (NMFS), National Oceanic and
pursuant to 5 U.S.C. 553(d), the Atmospheric Administration (NOAA),
Assistant Administrator finds good Commerce.
Fisheries of the Northeastern United
States; Summer Flounder, Scup, and cause to waive the 30-day delay in
ACTION: Final rule; final specifications
Black Sea Bass Fisheries; 2008 Scup effective date for the reasons given
for the 2008 Atlantic bluefish fishery.
Specifications; Correction above. Delaying the rule for 30 days may
negatively impact fishermen because the SUMMARY: NMFS issues final
AGENCY: National Marine Fisheries correct quota value for all quota periods, specifications for the 2008 Atlantic
Service (NMFS), National Oceanic and including the current Winter I period, bluefish fishery, including state-by-state
Atmospheric Administration (NOAA), are greater than the published values. commercial quotas, a recreational
Commerce. This may lead to less quota being harvest limit, and recreational
ACTION: Final rule; correction. harvested for the Winter I period than possession limits for Atlantic bluefish
is actually allocated to fishermen. off the east coast of the United States.
SUMMARY: On December 31, 2007, NMFS The intent of these specifications is to
published in the Federal Register a final Correction establish the allowable 2008 harvest
rule containing final specifications for levels and possession limits to attain the
the 2008 scup fishery. Inadvertently, Accordingly, the final rule FR Doc.
07–6252, published on December 31, target fishing mortality rate (F),
table 3 of the final rule contained consistent with the stock rebuilding
incorrect values for the 2008 Adjusted 2007 (72 FR 74197), is corrected as
program contained in Amendment 1 to
Quota Less Overages and Research Set- follows:
the Atlantic Bluefish Fishery
Aside (RSA) for the scup quota periods. 1. On page 74199, in Table 3, the Management Plan (FMP), as well as
This document corrects those values. Adjusted quota less overages and RSA ensuring compliance with the
DATES: Effective February 25, 2008, found in columns 11 and 12 for the Magnuson-Stevens Fishery
through December 31, 2008. Winter I Quota period in row 1 are Conservation and Management Act
FOR FURTHER INFORMATION CONTACT: corrected to read ‘‘2,388,611’’ lb and (Magnuson-Stevens Act). The final
Emily Bryant, Fishery Management ‘‘1,083’’ mt, respectively. specifications are modified from those
Specialist, (978) 281–9244. 2. On page 74199, in Table 3, the contained in the proposed rule as a
SUPPLEMENTARY INFORMATION: The final Adjusted quota less overages and RSA result of more recent information on
rule, including final quota specifications found in columns 11 and 12 for the recreational harvests.
for the summer flounder, scup, and Summer Quota period in row 2 are DATES: This rule is effective March 26,
black sea bass fisheries, was published corrected to read ‘‘1,437,558’’ lb and 2008, through December 31, 2008.
in the Federal Register on December 31, ‘‘652’’ mt, respectively. ADDRESSES: Copies of the specifications
2007 (72 FR 74197). Table 3 incorrectly 3. On page 74200, in Table 3, the document, including the Environmental
lists the following Adjusted Quota Less Adjusted quota less overages and RSA Assessment (EA) and the Initial
Overages and RSA values for the scup found in columns 11 and 12 for the Regulatory Flexibility Analysis (IRFA)
quota periods: Winter I (2,367,373 lb, are available from Daniel Furlong,
Winter II Quota period in row 3 are
1,074 mt), Summer (1,419,220 lb, 644 Executive Director, Mid-Atlantic
corrected to read ‘‘844,036’’ lb and
mt), Winter II (836,531 lb, 379 mt), and Fishery Management Council, Room
‘‘383’’ mt, respectively.
Total (4,623,124 lb, 2,097 mt). The 2115, Federal Building, 300 South
correct amounts for the 2008 scup 4. On page 74200, in Table 3, the Street, Dover, DE 19901 6790. The
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Adjusted Quota Less Overages and RSA Adjusted quota less overages and RSA specifications document is also
are as follows: Winter I is 2,388,611 lb found in columns 11 and 12 for the accessible via the Internet at http://
(1,083 mt); Summer is 1,437,558 lb (652 Total Quota in row 4 are corrected to www.nero.noaa.gov. NMFS prepared a
mt); Winter II is 844,036 lb (383 mt); read ‘‘4,670,204’’ lb and ‘‘2,118’’ mt, Final Regulatory Flexibility Analysis
and Total is 4,670,204 lb (2,118 mt). respectively. (FRFA), which is contained in the

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9958 Federal Register / Vol. 73, No. 37 / Monday, February 25, 2008 / Rules and Regulations

classification section of this rule. The August 2007, the Council approved the (1/2 BMSY = 162 million lb (73,526 mt)),
FRFA consists of the IRFA, public Monitoring Committee’s but is still slightly below the long-term
comments and responses contained in recommendations and the Commission’s biomass target (BMSY = 324 million lb
this final rule, and a summary of Bluefish Board (Board) adopted (147,052 mt)).
impacts and alternatives contained in complementary management measures. The TAL for 2008 is derived by
this final rule. The small entity Detailed background information subtracting an estimate of discards of
compliance guide is available from regarding the status of the bluefish stock 3.734 million lb (1,694 mt), the average
Patricia A. Kurkul, Regional and the development of the 2008 discard level from 2000–2006, from the
Administrator, Northeast Regional specifications for this fishery was TAC. After subtracting estimated
Office, National Marine Fisheries provided in the proposed specifications discards, the 2008 TAL will be 28.156
Service, One Blackburn Drive, (72 FR 73304, December 27, 2007). That million lb (12,771 mt), approximately
Gloucester, MA 01930 2298, and on the information is not repeated here. 1.4 percent greater than the 2007 TAL.
Northeast Regional Office’s website at Based strictly on the percentages
RSA Quota specified in the FMP (17 percent
http://www.nero.noaa.gov.
A request for proposals was published commercial, 83 percent recreational),
FOR FURTHER INFORMATION CONTACT:
to solicit research proposals to utilize the commercial quota for 2008 would be
Tobey Curtis, Fishery Policy Analyst,
RSA in 2006 based on research 4.787 million lb (2,171 mt), and the RHL
(978) 281–9273.
priorities identified by the Council would be 23.370 million lb (10,600 mt)
SUPPLEMENTARY INFORMATION: (December 27, 2006; 71 FR 77726). One in 2008. In addition, up to 3 percent of
Background research project that would utilize the TAL may be allocated as RSA quota.
bluefish RSA has been preliminarily The discussion below describes the
The Atlantic bluefish fishery is approved by the RA and forwarded to recommended allocation of TAL
cooperatively managed by the Mid- the NOAA Grants Office. Therefore, this between the commercial and
Atlantic Fishery Management Council final rule implements a 50,000–lb recreational sectors, and its proportional
(Council) and the Atlantic States Marine (22,680–kg) RSA quota for the 2008 adjustment downward to account for the
Fisheries Commission (Commission). bluefish fishery. If this project is not recommended bluefish RSA quota.
The regulations implementing the FMP approved by the NOAA Grants Office,
appear at 50 CFR part 648, subparts A the research quota associated with the Council Recommendation: Commercial
and J. Regulations requiring annual disapproved proposal will be restored to Quota and Recreational Harvest Limit
specifications are found at § 648.160. the bluefish TAL through publication in As described in the proposed rule,
The management unit for Atlantic the Federal Register. based on the best information available
bluefish (Pomatomus saltatrix) is the at the time, the Council recommended
U.S. waters of the western Atlantic Final Specifications that 4.088 million lb (1,854 mt) be
Ocean. The FMP specifies that the bluefish transferred from the initial recreational
The FMP requires that the Council stock is to be rebuilt to BMSY over a 9– allocation of 23.370 million lb (10,600
recommend, on an annual basis, total year period (i.e., by the year 2010). The mt), resulting in a 2008 commercial
allowable landings (TAL) for the fishery, FMP requires the Council to quota of 8.875 million lb (4,026 mt) and
consisting of a commercial quota and recommend, on an annual basis, a level a RHL of 19.281 million lb (8,746 mt).
recreational harvest limit (RHL). A of total allowable catch (TAC) consistent These allocations were also
research set-aside (RSA) quota is with the rebuilding program in the FMP. recommended by the Commission to be
deducted from the bluefish TAL (after An estimate of annual discards is implemented by the states for fisheries
any applicable transfer) in an amount deducted from the TAC to calculate the within state waters.
proportional to the percentage of the TAL that can be made during the year
overall TAL as allocated to the by the commercial and recreational Final 2008 Commercial Quota and
commercial and recreational sectors. fishing sectors combined. The TAL is Recreational Harvest Limit
The annual review process for bluefish composed of a commercial quota and a Although the Council
requires that the Council’s Bluefish RHL. The FMP rebuilding program recommendation was based on the best
Monitoring Committee (Monitoring requires the TAC for any given year to information available at the time, more
Committee) review and make be set based either on the target F recent information, which was not
recommendations based on the best resulting from the stock rebuilding available at the time of the Council’s
available data, including, but not schedule specified in the FMP (0.31 for recommendation or at the time of
limited to, commercial and recreational 2008), or the F estimated in the most publication of the proposed rule, was
catch/landing statistics, current recent fishing year (F2006 = 0.15), used to develop a new recreational
estimates of fishing mortality, stock whichever is lower. Therefore, the 2008 landings projection for the 2008 fishing
abundance, discards for the recreational recommendation is based on an year. This new recreational landings
fishery, and juvenile recruitment. Based estimated F of 0.15. An overall TAC of projection, when added to the
on the recommendations of the 31.887 million lb (14,464 mt) was commercial quota, as adjusted by the
Monitoring Committee, the Council recommended as the coast-wide TAC by proposed transfer of bluefish from the
makes a recommendation to the the Council at its August 2007 meeting allowable RHL, may cause the TAL to be
Northeast Regional Administrator (RA). to achieve the target fishing mortality exceeded. Such a result is inconsistent
Because the Bluefish FMP is a joint plan rate (F = 0.15) in 2008, and to ensure with § 648.160(c), which requires that
with the Commission, the Commission that the bluefish stock continues toward the level of transfer be constrained to a
meets during the annual specification the long-term biomass target, BMSY = level that does not cause the TAL to be
process to adopt complementary 324 million lb (147,052 mt), consistent exceeded. Based on data provided by
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measures. with the rebuilding schedule specified the Marine Recreational Fisheries
In July 2007, the Monitoring in Amendment 1. Based on the 2006 Statistic Survey (MRFSS) program,
Committee met to discuss the updated biomass estimate (307.5 million lb projected recreational landings in 2007
estimates of bluefish stock biomass and (139,496 mt)), the bluefish stock is well were approximately 20,414,621 lb
project fishery yields for 2008. In above the minimum biomass threshold (9,260 mt). Using this amount as the

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Federal Register / Vol. 73, No. 37 / Monday, February 25, 2008 / Rules and Regulations 9959

most reasonable proxy for expected specifications include a commercial 2007 indicate a bluefish quota overage
landings in 2008, this final rule reduces quota of 7,691,561 lb (3,489 mt) and a for New York in the amount of 51,719
the amount of the transfer from the recreational harvest limit of 20,414,621 lb (23,459 kg). This final rule adjusts
recreational to the commercial sector by lb (9,260 mt). The RSA quota remains New York’s 2008 bluefish quota
1,169,756 lb (531 mt), from 4,088,449 lb unchanged at 50,000 lb (22,680 kg). downward by this amount to 747,057 lb
(1,854 mt) to 2,918,693 lb (1,324 mt), Additional Adjustment for 2007 New (338,859 kg), to account for this overage.
commensurate with the increase in York Overage Final State Commercial Allocations
projected recreational landings. This
In accordance with the regulations at
results in a post-transfer commercial § 648.160(e)(2), NMFS may deduct any The 2008 commercial quota is
quota of 7,705,244 lb (3,495 mt) and a overages of the commercial quota allocated by state as shown in Table 1,
recreational harvest limit of 20,450,938 landed in any state from that state’s according to the percentages specified
lb (9,276 mt). After adjusting for the annual quota for the following year. in the FMP. The table accounts for New
RSA quota, the resulting 2008 Updated landings information for FY York’s 2007 quota overage.

TABLE 1. FINAL BLUEFISH COMMERCIAL STATE-BY-STATE ALLOCATIONS FOR 20081


State Percent Share 2008 Commercial Quota (lb) RSA Deducted 2008 Commercial Quota (kg) RSA Deducted

ME 0.6685 51,418 23,323


NH 0.4145 31,882 14,461
MA 6.7167 516,619 234,338
RI 6.8081 523,649 237,527
CT 1.2663 97,398 44,180
NY 10.3851 747,057 338.865
NJ 14.8162 1,139,595 516,920
DE 1.8782 144,463 65,528
MD 3.0018 230,885 104,730
VA 11.8795 913,716 414,462
NC 32.0608 2,465,973 1,118,565
SC 0.0352 2,707 1,228
GA 0.0095 731 331
FL 10.0597 773,748 350,972
Total 100.0001 7,639,842 3,465,432
1 The sum of the individual states does not add up to the final commercial quota of 7,639,841 lb due to rounding.

Recreational Possession Limit Assessment Summary prepared by the the IRFA, and NMFS’s responses to
NMFS has approved the Council’s Commission’s Bluefish Stock those comments, and a summary of the
recommendation to maintain the current Assessment Sub-Committee, this kill analyses completed to support the
recreational possession limit of 15 fish represented less than 0.01 percent of the action. A copy of the EA/RIR/IRFA is
per person to achieve the RHL. total bluefish population in 2007 (89.2 available from the Council (see
million fish). The impact of the fish kill ADDRESSES).
Comments and Responses is therefore negligible relative to the
The preamble to the proposed rule
The public comment period on the total bluefish stock. The reasons
included a detailed summary of the
proposed rule ended on January 28, presented by the Council and NMFS for
recommending the final 2008 bluefish analyses contained in the IRFA, and that
2008, with only one comment received. discussion is not repeated here.
Comment 1: The commenter specifications are based on the best
suggested that the TAC be reduced by available science, and are discussed in Final Regulatory Flexibility Analysis
50 percent initially, and by 10 percent the preambles to both the proposed and
final rules. Sufficient analysis and Statement of Objective and Need
in each subsequent year. The
commenter also suggested that a scientific justification for NMFS’s action
A description of the reasons why this
December 2007, hypothermal fish kill in in this final rule are contained within
action is being taken, and the objectives
New Jersey had a detrimental impact on the supporting documents.
of and legal basis for these
the overall bluefish population, and that Classification specifications are explained in the
the scientific methods used to estimate preambles to the proposed rule and this
bluefish biomass were inaccurate. Pursuant to section 304 (b)(1)(A) of
the Magnuson-Stevens Act, the NMFS final rule and are not repeated here.
Response: The commenter gave no
specific rationale for why the quotas Assistant Administrator has determined Summary of Significant Issues Raised in
should be reduced in the manner that this rule is consistent with the Public Comments
suggested, and there is no known Atlantic Bluefish FMP, other provisions
scientific basis for the commenter’s of the Magnuson-Stevens Act, and other One comment was submitted on the
suggestions. According to the New applicable law. proposed rule, but it was not specific to
Jersey Department of Environmental This final rule is exempt from review the IRFA or the economic effects of the
Protection, the December 2007 fish kill under Executive Order 12866. rule. NMFS has responded to the
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near the Oyster Creek Nuclear Power Included in this final rule is the FRFA comment in the Comments and
Generating Station in Ocean County, NJ, prepared pursuant to 5 U.S.C. 604(a). Responses section of the preamble to
killed approximately 5,300 bluefish. The FRFA incorporates the IRFA, a this final rule. No changes were made to
Based upon estimates of total bluefish summary of the significant issues raised the final rule as a result of the comment
abundance in the June 2007 Bluefish by the public comments in response to received.

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9960 Federal Register / Vol. 73, No. 37 / Monday, February 25, 2008 / Rules and Regulations

Description and Estimate of Number of Description of the Steps Taken to support the proposed research project (a
Small Entities to Which the Rule will Minimize Economic Impact on Small supplemental finfish survey in the Mid-
Apply Entities Atlantic), then all of the participants in
Specification of commercial quota, the fishery would benefit from the
The Small Business Administration anticipated improvements in the data
(SBA) defines small businesses in the recreational harvest levels, and
possession limits is constrained by the underlying the stock assessments.
commercial fishing and recreational
fishing sectors as firms with receipts conservation objectives of the FMP, Small Entity Compliance Guide
(gross revenues) of up to $4.0 million under the authority of the Magnuson-
Stevens Act. The commercial quota and Section 212 of the Small Business
and $6.5 million, respectively. No large Regulatory Enforcement Fairness Act of
entities participate in this fishery, as RHL contained in this final rule are 13.2
percent lower and 6.1 percent higher, 1996 states that, for each rule or group
defined in section 601 of the RFA. This of related rules for which an agency is
rule could affect any vessels that fish for respectively, than the Council’s
preferred alternative contained in the required to prepare a FRFA, the agency
bluefish in Federal or state waters. The shall publish one or more guides to
final measures regarding the 2008 proposed rule. Although the commercial
quota under this new alternative is assist small entities in complying with
quotas could affect any vessels holding the rule, and shall designate such
an active Federal permit for bluefish, as lower than the commercial quota
recommended by the Council, and publications as ‘‘small entity
well as vessels that fish for this species compliance guides.’’ The agency shall
in state waters. lower than the FY 2007 commercial
quota of 8,574,939 lb (3,890 mt), it explain the actions a small entity is
The participants in the commercial remains approximately 24 percent required to take to comply with a rule
sector were defined using two sets of greater than FY 2007 commercial or group of rules. As part of this
data. First, the landings (6,209,915 lb; 2,817 mt). All rulemaking process, a small entity
Northeast dealer reports were used to affected states will receive reductions in compliance guide will be sent to all
identify any vessel that reported having their individual commercial quota holders of Federal permits issued for the
landed 1 lb (0.45 kg) or more of bluefish allocation in comparison to their Atlantic bluefish fishery. In addition,
during calendar year 2006 (the last year respective 2007 individual state copies of this final rule and guide (i.e.,
for which there is complete data). These allocations. However, the magnitude of permit holder letter) are available from
dealer reports identified 725 vessels that the reduction varies depending on the NMFS (see ADDRESSES) and at the
landed bluefish in states from Maine to state’s respective percent share in the following website: http://
North Carolina. However, this database total commercial quota, as specified in www.nero.noaa.gov.
does not provide information about the FMP, and depending on whether the Dated: February 19, 2008.
fishery participation in South Carolina, state had any overages from FY 2007 Samuel D. Rauch III,
Georgia, or Florida. South Atlantic Trip that needed to be accounted for in this Deputy Assistant Administrator for
Ticket reports were used to identify 820 final rule (e.g., New York). NMFS Regulatory Programs, National Marine
vessels1 that landed bluefish in North considered a TAL that would have Fisheries Service.
Carolina and 567 vessels that landed allowed a higher allocation of quota to [FR Doc. E8–3514 Filed 2–22–08; 8:45 am]
bluefish on Florida’s east coast. There the commercial sector, but this BILLING CODE 3510–22–S
were no reported landings of bluefish in alternative, proposed by the Council,
South Carolina in 2006, and bluefish would have been inconsistent with the
landings in Georgia were near zero, goals and objectives of the FMP and the DEPARTMENT OF COMMERCE
representing a negligible proportion of Magnuson-Stevens Act. The new
the total bluefish landings along the alternative, which will transfer less National Oceanic and Atmospheric
Atlantic Coast in 2006. quota from the recreational sector to the Administration
In addition, it was estimated that, in commercial sector than the alternative
recent years, approximately 2,063 party/ contained in the proposed rule, is being 50 CFR Part 660
charter vessels may have been active implemented consistent with recent [Docket No.061219338–7494–03]
and/or caught bluefish. All of these recreational landings trends and should
ensure that the 2008 RHL is not RIN 0648–AU69
vessels are considered small entities
under the RFA, having gross receipts of exceeded. Furthermore, the RHL being Fisheries off West Coast States and in
less than $5 million annually. Since the implemented in this final rule is 8.5 the Western Pacific; Amendment 15 to
recreational possession limit will percent higher than the RHL specified the Pacific Coast Salmon Fishery
remain at 15 fish per person, there in FY 2007. In conclusion, because the Management Plan
should be no impact on demand for 2008 commercial quota being
party/charter vessel fishing, and, implemented in this final rule is AGENCY: National Marine Fisheries
therefore, no impact on revenues earned significantly greater than FY 2007 Service (NMFS), National Oceanic and
by party/charter vessels. commercial landings, and the 2008 RHL Atmospheric Administration (NOAA),
represents an increase over the 2007 Commerce.
Description of Projected Reporting, RHL, and because the revised 2008 RHL ACTION: Final rule.
Recordkeeping, and Other Compliance is consistent with recent trends in
Requirements recreational landings, no negative SUMMARY: This final rule implements
No additional reporting, economic impacts are expected relative Amendment 15 to the Pacific Coast
recordkeeping, or other compliance to the status quo and the Council’s Salmon Fisheries Management Plan
requirements are included in this final preferred alternative. (Plan) in accordance with the
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rule. The impacts on revenues of the Magnuson-Stevens Fishery


proposed RSA were analyzed; the social Conservation and Management Act
1 Some of these vessels were identified in the and economic impacts are minimal. (Magnuson-Stevens Act). This action is
Northeast dealer data; therefore, double counting is Assuming that the full RSA of 50,000 lb intended to provide management
possible. (22,680 kg) is landed and sold to flexibility in times of low Klamath River

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