[Federal Register Volume 84, Number 61 (Friday, March 29, 2019)]
[Proposed Rules]
[Pages 11923-11925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06030]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 190207082-9233-01]
RIN 0648-XG800
Fisheries of the Northeastern United States; Spiny Dogfish
Fishery; 2019 and Projected 2020-2021 Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes specifications for the 2019 spiny dogfish
fishery and projected specifications for fishing years 2020 and 2021.
The specifications are necessary to establish allowable harvest levels
and other management measures to prevent overfishing while allowing
optimum yield. This action is also intended to inform and provide an
opportunity for comment to the public on these proposed specifications
for the 2019 fishing year and projected specifications for 2020 and
2021.
DATES: Comments must be received on or before April 15, 2019.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2019-0008, by either of the following methods:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal.
1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0008,
2. Click the ``Comment Now!'' icon, complete the required fields,
and
3. Enter or attach your comments.
- OR -
Mail: Submit written comments to Michael Pentony, Regional
Administrator, National Marine Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the outside of the envelope:
``Comments on the Proposed Rule for Spiny Dogfish Specifications.''
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 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 publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
A draft environmental assessment (EA) has been prepared for this
action that describes the proposed measures and other considered
alternatives, as well as provides an analysis of the impacts of the
proposed measures and alternatives. Copies of the specifications
document, including the EA and the Initial Regulatory Flexibility
Analysis (IRFA), are available on request from Dr. Christopher M.
Moore, Executive Director, Mid-Atlantic Fishery Management Council,
Suite 201, 800 North State Street, Dover, DE 19901. These documents are
also accessible via the internet at http://www.mafmc.org.
FOR FURTHER INFORMATION CONTACT: Cynthia Ferrio, Fishery Management
Specialist, (978) 281-9180.
SUPPLEMENTARY INFORMATION:
Background
The Atlantic spiny dogfish fishery is jointly managed in Federal
waters by the New England and Mid-Atlantic
[[Page 11924]]
Fishery Management Councils. Additionally, the Atlantic States Marine
Fisheries Commission manages the spiny dogfish fishery in state waters
from Maine to North Carolina through an interstate fishery management
plan. The Spiny Dogfish Fishery Management Plan (FMP) requires the
specification of an annual catch limit (ACL), annual catch target
(ACT), and the total allowable landings (TAL). These limits and other
management measures may be set for up to five fishing years at a time,
with each fishing year running from May 1 through April 30. This action
proposes specifications for fishing year 2019 and projected
specifications for fishing years 2020-2021.
In 2018, the Northeast Fisheries Science Center completed an
assessment update for the spiny dogfish stock, using the most recent
and best available catch and biomass estimates from spring trawl
surveys. This update indicates that the spiny dogfish stock is not
currently overfished or experiencing overfishing. However, general
biomass (specifically female spawning stock biomass) has been declining
due to a combination of poor pup production and recruitment.
Complications with several spring trawl surveys in recent years have
also resulted in some data deficiencies for the stock. The Mid-Atlantic
Council's Scientific and Statistical Committee (SSC) reviewed the
assessment update and recommended reducing the acceptable biological
catch (ABC) in fishing years 2019-2021. The recommended ABC for 2019
would be a 43-percent decrease from the current 2018 ABC of 22,635 mt,
followed by increases to the ABC in 2020 and 2021. This recommendation
is based on the Mid-Atlantic Council's Risk Policy to prevent
overfishing from occurring. The quota increases in the later years of
the cycle are due to a projected growth in biomass and subsequent
reduced risk of overfishing.
The joint New England and Mid-Atlantic Council Spiny Dogfish
Monitoring Committee (MC) derived an adjusted overfishing limit (OFL),
ABC, ACL, ACT, and TAL from the SSC's recommended ABC and expected
fishery data. The SSC only provided an OFL recommendation for 2019 that
will be revisited as specifications are developed in the subsequent
years. To calculate the portion of the total ABC available for the U.S.
commercial quota each year, the MC followed the FMP's process in their
recommendations and made deductions from the ABC to account for
expected Canadian landings (49 mt), U.S. discards (3,475 mt), and U.S.
recreational harvest (81 mt). The SSC and MC made these recommendations
to the Mid-Atlantic and New England Councils and the Commission, which
all reviewed them and submitted their own consistent recommended
specifications. The recommended ABC and resulting commercial quota for
2019 are substantially reduced to decrease the risk of spiny dogfish
becoming overfished. However, the assessment update projects an
increase in the spiny dogfish stock over the next several years. Thus,
there is an allowance for quota increases in the recommendations for
2020 and 2021.
Proposed Specifications
This action proposes the Councils' recommended spiny dogfish
specifications for 2019-2021. The specifications are consistent with
the SSC, Monitoring Committee, and Commission's recommended catch and
landings limits. These recommendations are a substantial reduction in
coastwide commercial quota from fishing year 2018 to 2019 in order to
ensure overfishing does not occur. However, quotas are projected to
increase in 2020 and 2021 as the spiny dogfish biomass is projected to
increase, and the risk of overfishing declines. Table 1 provides a
summary of the proposed specifications.
Table 1--Summary of Proposed 2019, and Projected 2020 and 2021 Spiny Dogfish Fishery Specifications
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2019 (mt) 2019 (lb) 2020 (mt) 2020 (lb) 2021 (mt) 2021 (lb)
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OFL..................................................... 21,549 47,507,413 N/A N/A N/A N/A
ABC..................................................... 12,914 28,470,497 14,126 31,142,499 16,043 35,368,761
ACL = ACT............................................... 12,865 28,362,470 14,077 31,034,473 15,994 35,260,734
TAL..................................................... 9,390 20,701,000 10,602 23,373,409 12,519 27,599,671
Commercial Quota........................................ 9,309 20,522,832 10,521 23,194,835 12,438 27,421,096
Percent Change in Quota from Previous Year.............. -46 -46 +13 +13 +18 +18
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The recommended decrease in commercial quota is not expected to
result in catch overages or revenue losses in the spiny dogfish
fishery, as the fishery caught less than 42 percent of the 39,099,717-
lb (17,735-mt) quota in 2017, and current reported landings for fishing
year 2018 are behind those of 2017 at this time.
The Councils did not recommend changes to any other regulations for
the spiny dogfish fishery. All other fishery management measures,
including the 6,000-lb (2,722-kg) federal trip limit, remain unchanged
for fishing years 2019-2021. Changes to the trip limit were discussed
and may be pursued in a future action. The Councils and NMFS will
review the specifications for fishing years 2020 and 2021 to determine
if any changes need to be made prior to their implementation. NMFS will
publish a notice prior to each fishing year to confirm the projected
specifications are effective unchanged or announce any necessary
changes for those years.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), the NMFS
Assistant Administrator has determined that this proposed rule is
consistent with the Spiny Dogfish FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
This proposed rule is exempt from review under Executive Order
12866 because this action contains no implementing regulations.
The Mid-Atlantic Council prepared a draft EA for this action that
analyzes the impacts of this proposed rule. The EA includes an IRFA, as
required by section 603 of the Regulatory Flexibility Act (RFA), which
is supplemented by information contained in the preamble of this
proposed rule. The IRFA was prepared to examine the economic impacts of
this proposed rule, if adopted, on small business entities, as well as
the possible economic impacts of the other alternatives presented in
this EA/specifications document. A copy of the detailed RFA analysis is
available from the Council (see ADDRESSES). A summary of the 2019-
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2021 spiny dogfish specifications IRFA analysis follows.
Description of the Reasons Why Action by the Agency Is Being Considered
This action proposes 2019 catch limits and projects 2020-2021
specifications for the spiny dogfish fishery. A complete description of
the action, why it is being considered, and its legal basis are
contained in the draft EA and in this rule's preamble, and are not
repeated here.
Statement of the Objectives of, and Legal Basis for, This Proposed Rule
This action is taken under the authority of the Magnuson-Stevens
Act and regulations at 50 CFR part 648. A complete description of the
action, why it is being considered, and its legal basis are contained
in the specifications document, and elsewhere in the preamble to this
proposed rule, and are not repeated here.
Description and Estimate of the Number of Small Entities To Which This
Proposed Rule Would Apply
This proposed rule affects small entities engaged in commercial
fishing operations in the spiny dogfish fishery. For the purposes of
the RFA analysis, the ownership entities (or firms), not the individual
vessels, are considered to be the regulated entities. Ownership
entities are defined as those entities or firms with common ownership
personnel as listed on the permit application. Because of this, some
vessels with spiny dogfish permits may be considered to be part of the
same firm because they may have the same owners. To identify these
small and large firms, vessel ownership data from the permit database
were grouped according to common owners and sorted by size. In terms of
RFA, a business primarily engaged in commercial fishing is classified
as a small business if it has combined annual receipts not in excess of
$11 million, for all its affiliated operations worldwide.
In 2017, there were 2,254 vessels that held a spiny dogfish permit,
while 244 of these vessels contributed to overall landings. Cross-
referencing those permits with vessel ownership database revealed that
1,695 entities owned those vessels. 1,685 were classified as small
entities, with the remaining 10 classified as large businesses. Of the
1,685 small entities, 374 had no revenue in 2017, 1,104 were commercial
fishing entities, and 207 were for-hire entities. For those small
businesses with revenues, their average revenues were $0.5 million in
2017. Overall, there were 227 entities with spiny dogfish permits that
reported revenue from spiny dogfish during 2017. Of those entities, 1
was large and 226 were small and their average revenues in 2017 were
$0.4 million.
Description of the Projected Reporting, Record-Keeping, and Other
Compliance Requirements of This Proposed Rule
There is no new reporting, recordkeeping, or other compliance
requirements contained in this proposed rule, or any of the
alternatives considered for this action.
Federal Rules 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 Statutes and Which
Minimize Any Significant Economic Impact on Small Entities
This action (the preferred alternative) proposes 2019 commercial
catch specifications and projected 2020-2021 specifications for the
spiny dogfish fishery based on the most recent stock assessment update
and the application of the Council's Risk Policy to prevent
overfishing. These proposed specifications would decrease the
commercial quota by 46 percent to 9,309 mt in 2019, followed by modest
increases to 10,521 mt and 12,438 mt, in 2020 and 2021 as the biomass
is projected to increase and the risk of overfishing declines. Although
46 percent is a substantial quota reduction, landings reports from the
most recent available full fishing year (2017) show that only 7,439 mt
of spiny dogfish were landed. Available landing information for fishing
year 2018 is around 23 percent lower than in 2017. Given this data, it
is possible that even the large 46-percent reduction in quota for 2019
will not be constraining to the spiny dogfish industry and small
entities. If the fishery were to reverse the recent landing trends and
fully achieve the proposed 2019 quota, it would still generate more
landings and likely more revenues than the most recent year (2017) of
full fishery information. Therefore, it is expected that the proposed
action will have minimal impact on small entities. There is the
potential for slight negative economic impact in the short term if
landings and effort drastically increase and the lowered quotas become
restrictive. However, there is also possible slight positive long term
impacts due to maintaining sustainability of the spiny dogfish
resource.
The Council also considered a no action alternative, where the same
catch limits and specifications from 2018 would continue into 2019 and
beyond. This no action alternative may have a higher potential of
minimizing short-term economic impacts on small entities, as it keeps
the quotas higher and provides the potential for greater revenues and
economic gain. However, as previously stated, effort and landings in
the spiny dogfish fishery have been low in recent years, and higher
quotas increase the risk of overfishing without addressing the issues
in the market that may be keeping landings low.
The Council recommended these proposed specifications (preferred
alternative) over the no action alternative to satisfy the Magnuson-
Stevens Act requirements to ensure fish stocks are not subject to
overfishing, while allowing the greatest opportunity to achieve
sustainable yield. This also increases the likelihood that the fishery
will remain a viable source of fishing revenues for spiny dogfish
fishing entities in the long term, and makes it the better lasting
economic choice. Alternative 2 (no action) was not recommended by the
Council because it would exceed the catch level recommendations of the
Council's SSC, put the spiny dogfish stock at an unnecessary risk of
overfishing, and would be inconsistent with the requirements of the
Magnuson-Stevens Act. As explained in the EA, ``[g]iven the status of
the spiny dogfish stock and the requirements of the MSA, alternatives
that would allow catches higher than the no action alternative would
risk overfishing even more than no action. Alternatives that would
limit catches to less than the alternative recommended by the Councils
would be unnecessarily restrictive and hamper achievement of optimum
yield'' (MAFMC 2019, p.11). NMFS agrees with the Council's IRFA
analysis and rationale for recommending these catch limits. As such,
NMFS is proposing to implement the Council's preferred specifications,
as presented in Table 1 of this proposed rule's preamble.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 25, 2019.
Chris Oliver,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 2019-06030 Filed 3-28-19; 8:45 am]
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