Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Fisheries of the Northeastern United States; Atlantic Herring Fishery; Adjustment to Atlantic Herring Specifications and Sub-Annual Catch Limits for 2019, 61593-61598 [2018-26097]
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Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Proposed Rules
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as both the certifying lab and third-party
reviewer. Commenters should address
whether this is a problem and provide
available data to support their position.
I. Electronic Reporting Tool (ERT)
The EPA seeks comment on
establishing electronic reporting for
submitting the non-confidential
business information (CBI) certification
application, including the compliance
test data, rather than via hard copy, to
relieve manufacturer burden and
enhance efficiencies. One possibility is
the EPA’s Electronic Reporting Tool
(ERT). The ERT is a Microsoft Access®
application that generates electronic
versions of source test reports.
Information on the ERT can be found at
https://www.epa.gov/electronicreporting-air-emissions/electronicreporting-tool-ert. The EPA believes that
using the ERT will relieve the burden on
manufacturers in the certification
application process by standardizing the
reporting format by having specific data
elements reported, thereby helping to
ensure completeness and accuracy of
the data submitted. As a result, the
electronically submitted application
with complete and accurate data will
enable an efficient and timely review. In
addition, because the ERT performs the
required method calculations,
certification test report errors will be
reduced and the burden of performing
these calculations manually will be
eliminated for the manufacturers as well
as for the third-party certifiers and the
EPA reviewers. If the ERT were used, it
would generate a non-CBI test report (in
pdf format) along with the ERTgenerated Access database (accdb) file
that could be submitted to the EPA for
certification and once certified, posted
to the manufacturer’s website. This
ERT-generated test report would include
a list of attachments in the ERT file but
not the attachments themselves. The
attachments would be contained in the
ERT accdb file and if posted to the
manufacturer’s website would be
available to the public. Posting the pdf
will also address the version control
concerns of the ERT-generated database
file. These two components could
satisfy the reporting requirements in 80
FR 13713 and 13725. The EPA seeks
comment on whether to include the
option of using the ERT to create a nonCBI and a CBI test report and
certification package (pdf and .accdb
file) that satisfies the reporting
requirements in 40 CFR 60.537(f) and
60.5479(f), which requires the
manufacturer to submit the results of a
certification test within 60 days of
completing each performance test. If the
EPA changes the current provisions, the
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Agency expects that the manufacturers
would still be required to post the full
non-CBI test report (pdf with all
attachments or ERT generated pdf with
the Access database (accdb) file) on the
manufacturer’s website and submit the
CBI test report separately to the EPA.
Manufacturers, who claim that some of
the information being submitted is CBI
(e.g., design drawings), could also
utilize the same non-CBI test report
generated by the ERT and add the
design drawings as an attachment to be
submitted to the EPA as CBI in order to
satisfy the requirements under 40 CFR
60.537(f) and 60.5479(f). Similarly, the
non-CBI report with no CBI information
attached could be posted to the
manufacturer’s website within 30 days
of receiving a certification of
compliance to satisfy 40 CFR 60.537(g)
and 60.5479(g). Please provide as much
detailed information as possible to
support your comments regarding this
approach.
J. Warranty Requirements for Certified
Appliances
The 2015 NSPS requires owners or
operators to operate wood heating
devices consistent with the owner’s
manual (see 40 CFR 60.532(f)(13) and (g)
and 60.5474(f)(13) and (g)). The 2015
NSPS also requires manufacturers to
provide an owner’s manual that clearly
states that operation in a manner
inconsistent with the manual, such as
burning prohibited material or pellets
that do not meet the minimum
requirements of the 2015 Rule, would
void the warranty (see 80 FR 13751,
appendix I to Part 60). The cost of this
requirement to provide an owner’s
manual is an average of $3,750 per
hydronic heater or forced-air furnace
model over the time period of 2015 to
2017, according to the Supporting
Statement for the 2015 NSPS.12
Although numerous states expressed
their support for these requirements as
a mechanism to help enforce the 2015
NSPS, some stakeholders have
questioned whether the EPA has the
statutory authority to impose these
requirements. Stakeholders have also
raised other issues regarding the
warranty requirements. The EPA is,
therefore, soliciting comments regarding
retention, revision, or elimination of the
warranty requirements. For example,
the EPA would be interested in hearing
whether such requirements are
necessary for the safe and efficient
operation of the wood heater devices.
12 U.S. Environmental Protection Agency. NSPS
for New Residential Hydronic Heaters and ForcedAir Furnaces (40 CFR part 60, subpart QQQQ).
January 2015. pp. 11.
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61593
Commenters supporting retention of the
requirements should address whether
any changes are recommended to the
warranty requirements along with data,
as appropriate, and an explanation to
support their position. Commenters
supporting elimination of the
requirements should provide an
explanation to support their position.
VII. Statutory and Executive Order
Reviews
Under Executive Order 12866,
entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993),
this is a ‘‘significant regulatory action.’’
Accordingly, the EPA submitted this
action to the Office of Management and
Budget (OMB) for review under
Executive Order 12866 and any changes
made in response to OMB
recommendations have been
documented in the docket for this
action. Because this action does not
propose or impose any requirements,
and instead seeks comments and
suggestions for the Agency to consider
in possibly developing a subsequent
proposed rule, the various statutes and
Executive Orders that normally apply to
rulemaking do not apply in this case.
Should the EPA subsequently determine
to pursue a rulemaking, the EPA will
address the statutes and Executive
Orders as applicable to that rulemaking.
List of Subjects in 40 CFR Part 60
Environmental protection,
Administrative practice and procedure.
Dated: November 21, 2018.
Andrew R. Wheeler,
Acting Administrator.
[FR Doc. 2018–26082 Filed 11–29–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 181031994–8999–01]
RIN 0648–XG608
Magnuson-Stevens Act Provisions;
Fisheries of the Northeastern United
States; Fisheries of the Northeastern
United States; Atlantic Herring Fishery;
Adjustment to Atlantic Herring
Specifications and Sub-Annual Catch
Limits for 2019
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
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Proposed rule; request for
comments.
ACTION:
This action proposes an inseason adjustment to the Atlantic
herring specifications and sub-annual
catch limits for 2019. These adjustments
are necessary to reduce 2018 herring
catch limits that would otherwise
remain in effect for 2019. This action is
intended to prevent overfishing of the
herring resource while minimizing
negative social and economic impacts of
reduced catch limits.
DATES: Public comments must be
received by December 31, 2018.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2018–0131, by either of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20180131, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Michael Pentony, Regional
Administrator, 55 Great Republic Drive,
Gloucester, MA 01930. Mark the outside
of the envelope, ‘‘Comments on
Adjustments to Atlantic Herring
Specifications for 2019.’’
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 us. 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 publicly accessible. We will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
Copies of this action, including the
Supplemental Environmental
Assessment and the Regulatory Impact
Review/Initial Regulatory Flexibility
Analysis (SEA/RIR/IRFA) prepared in
support of this action, are available from
Thomas A. Nies, Executive Director,
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SUMMARY:
New England Fishery Management
Council, 50 Water Street, Mill 2,
Newburyport, MA 01950. The
supporting documents are also
accessible via the internet at: https://
www.regulations.gov/.
FOR FURTHER INFORMATION CONTACT:
Carrie Nordeen, Fishery Policy Analyst,
978–281–9272.
SUPPLEMENTARY INFORMATION:
Background
We implemented 2016–2018 Atlantic
herring specifications on November 1,
2016 (81 FR 75731), as recommended by
the New England Fishery Management
Council. The specifications included an
overfishing limit (OFL) of 111,000 mt
for 2018. The acceptable biological
catch (ABC) for 2018 was also set at
111,000 mt. The ABC was based on the
Council’s interim control rule, set equal
to the OFL with at least a 50-percent
probability of preventing overfishing,
and consistent with the Council’s
Scientific and Statistical Committee’s
(SSC) advice. The annual catch limit
(ACL) for 2018 was 104,800 mt.
In June 2018, a new Northeast
Regional Stock Assessment Workshop
(SAW) for herring, reviewed by the
Stock Assessment Review Committee
(SARC), was completed. The assessment
concluded that although herring was not
overfished and overfishing was not
occurring in 2017, poor recruitment
would likely result in a substantial
decline in herring biomass. The stock
assessment estimated that recruitment
had been at historic lows during the
most recent 5 years (2013–2017). The
assessment projected that biomass could
increase, after reaching a low in 2019,
if recruitment returns to average levels,
but that herring catch would need to be
reduced, starting in 2018, to prevent
overfishing and lower the risk of the
stock becoming overfished. The final
assessment summary report is available
on the Northeast Fisheries Science
Center (NEFSC) website
(www.nefsc.noaa.gov/publications/).
The Atlantic Herring Fishery
Management Plan (FMP) allows us to
make in-season adjustments to the
herring specifications and sub-ACLs,
after consultation with the Council,
consistent with the Herring FMP’s
objectives and other FMP provisions. In
August 2018, at the request of the
Council, we used an in-season
adjustment to reduce the 2018 ACL from
104,800 mt to 49,900 mt to reduce the
risk of overfishing (83 FR 42450, August
22, 2018). This ensured at least a 50percent probability of preventing
overfishing in 2018. However,
assessment projections indicated that
catch would need to be further reduced
in 2019 to prevent overfishing and
lower the risk of the stock becoming
overfished.
By regulation, herring catch limits for
2018, as modified by the 2018 in-season
adjustment, will remain in effect until
replaced. At its September 2018
meeting, the Council adopted a new
ABC control rule for the herring fishery
developed in Amendment 8 to the
Herring FMP and recommended we use
an in-season adjustment to reduce 2018
herring catch limits for 2019 while it
develops new specifications starting in
2020. The Council was scheduled to
begin developing the 2019–2021 herring
specifications at its September meeting
and take final action on the new
specifications at its December 2018
meeting. The Council planned for us to
implement the new specifications
during 2019, based on the new ABC
control rule it adopted in Amendment 8.
However, because of the time required
for the Council to prepare the necessary
documentation and for us to review and
approve the control rule in Amendment
8 and implement final approved
measures, the new specifications would
not have been effective early enough to
prevent catch from exceeding the lower
catch limits required to prevent
overfishing in 2019.
Proposed Adjustments to Herring
Specifications
We are proposing to adjust the current
herring specifications and sub-ACLs for
2019, consistent with the Herring FMP’s
objectives of preventing overfishing
while maximizing social and economic
benefits. We will strive to publish the
final rule as close as possible to the start
of the new fishing year in January 2019.
The 2019 specifications and sub-ACLs
proposed in this action, as well as the
Council’s recommendations for 2019,
are shown in Table 1.
TABLE 1—2019 ATLANTIC HERRING SPECIFICATION AND SUB-ACL ALTERNATIVES (mt)
Overfishing Limit ............................
Acceptable Biological Catch ..........
Management Uncertainty ...............
Optimum Yield/ACL .......................
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Alternative 1—no action
Alternative 2—councilrecommended
111,000 .........................................
111,000 .........................................
6,200 .............................................
49,900 * .........................................
30,688 ...........................................
21,266 ...........................................
6,200 .............................................
15,065 * .........................................
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Alternative 3—proposed action
30,688
30,688
6,200
24,488 *
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61595
TABLE 1—2019 ATLANTIC HERRING SPECIFICATION AND SUB-ACL ALTERNATIVES (mt)—Continued
Domestic Annual Harvest ..............
Border Transfer ..............................
Domestic Annual Processing .........
U.S. At-Sea Processing .................
Area 1A Sub-ACL ..........................
Area 1B Sub-ACL ..........................
Area 2 Sub-ACL ............................
Area 3 Sub-ACL ............................
Fixed Gear Set-Aside ....................
Research Set-Aside .......................
Alternative 1—no action
Alternative 2—councilrecommended
104,800 .........................................
4,000 .............................................
100,800 .........................................
0 ....................................................
27,743 * (55.6%) ...........................
2,639 (5.3%) .................................
8,200 (16.4%) ...............................
11,318 (22.7%) .............................
295 ................................................
3% of sub-ACLs ...........................
15,065 ...........................................
0 ....................................................
15,065 ...........................................
0 ....................................................
4,354 * (28.9%) .............................
647 (4.3%) ....................................
4,188 (27.8%) ...............................
5,876 (39%) ..................................
39 ..................................................
3% of sub-ACLs ...........................
Alternative 3—proposed action
24,488
0
24,488
0
7,077 * (28.9%)
1,053 (4.3%)
6,808 (27.8%)
9,550 (39%)
64
3% of sub-ACLs
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* If New Brunswick weir fishery catch through October 1 is less than 4,000 mt, then 1,000 mt will be subtracted from the management uncertainty buffer and added to the ACL and Area 1A Sub-ACL.
We consulted with the Council on
potential 2019 specifications during the
Council’s September 2018 meeting. At
that meeting, the Council recommended
that we:
• Use the most recent assessment and
projections to develop the 2019
specifications.
• Use the ABC control rule approved
by the Council in Amendment 8.
• Maintain the sub-annual catch
limits for herring management areas
based on the proportions allocated in
the 2016–2018 specifications package.
Æ Area 1A: 28.9 percent.
Æ Area 1B: 4.3 percent.
Æ Area 2: 27.8 percent.
Æ Area 3: 39 percent.
• Proportionally reduce the fixed gear
set-aside allocation which is based on a
small weir fishery west of Cutler, ME.
• Set the border transfer (which
allows U.S. vessels to transfer herring to
Canadian vessels to be processed as
food) at 0 mt.
Based on the best available science,
we are proposing to reduce the OFL for
2019 to 30,688 mt. The Herring FMP
specifies that the OFL must be equal to
catch resulting from applying the
maximum fishing mortality threshold to
a current or projected estimate of stock
size. When the stock is not overfished
and overfishing is not occurring, this is
usually the fishing rate supporting
maximum sustainable yield. Catch that
exceeds this amount would result in
overfishing. An OFL of 30,388 mt would
ensure at least a 50-percent probability
of preventing overfishing in 2019. This
OFL is based on projections by the
SAW/SARC, as updated by NOAA’s
NEFSC staff using 2018 catch, and was
recommended by both the SSC and the
Council.
The Herring FMP specifies that the
ABC may be equal to or less than the
OFL depending on scientific uncertainty
concerning stock size estimates,
variability around recruitment
estimates, and consideration of
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ecosystem issues. For the 2019 ABC
reduction, we are proposing to continue
applying the interim control rule that
was used to set ABC in recent
specifications (2016–2018). Our
proposed ABC would have a 50-percent
probability of preventing overfishing in
2019 and would be set equal to the OFL.
In contrast, the SSC and Council
recommended reducing the ABC for
2019 based on the new control rule the
Council adopted in Amendment 8 that
accounts for herring’s role in the
ecosystem. Our proposed ABC is 30,688
mt and the SSC/Council recommended
ABC is 21,266 mt.
Our proposed ABC prevents
overfishing and accounts for scientific
uncertainty in the short-term until we
are able to consider the Council’s
recommendation for addressing
scientific uncertainty in a long-term
control rule in Amendment 8. The
approach to continue using the interim
control rule for 2019 is independent of
and involves different considerations
than our consideration of the Council’s
recommended control rule in
Amendment 8. We expect the Council to
submit Amendment 8 to us for review
and approval in late 2018. Additionally,
while the 2018 assessment showed that
the probability of the stock becoming
overfished has increased since the last
stock assessment, our proposed ABC is
intended to reduce the risk of the stock
becoming overfished.
We are proposing to maintain the
current management uncertainty buffer
(6,200 mt), as recommended by the
Council, so the resulting ACL would be
24,488 mt. This ACL is almost 10,000
mt higher than the ACL that would
result from the Council-recommended
ABC (15,065 mt). Allowing this
additional harvest helps to achieve
optimum yield (OY) by accounting for
social, economic, and ecological factors,
specifically the need to conserve herring
biomass while mitigating severe
economic hardship on the herring
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industry. Because the majority of
herring catch is bait for the lobster
fishery, we expect this additional
harvest to help minimize the negative
economic impacts associated with bait
shortages and higher bait prices on the
lobster fishery. The management
uncertainty buffer, in conjunction with
low fishery closure thresholds (95
percent of the ACL and 92 percent of a
sub-ACL), has prevented herring catch
from ever exceeding the ABC, which
further minimizes the probability of
overfishing.
We are proposing to maintain the subACL allocations used in the recent
specifications (2016–2018) for 2019.
This means that 28.9 percent of the ACL
would be allocated to Area 1A, 4.3
percent allocated to Area 1B, 27.8
percent allocated to Area 2, and 39
percent allocated to Area 3. These subACL allocations were recommended by
the Council for past specifications, as
well as for 2019, because they do not
substantially impact one stock
component (inshore versus offshore)
more than the other while maximizing
opportunities for the fishery to achieve
OY. Adjusting the sub-ACL allocations
for the herring management area may
have impacts beyond those we
considered in this action. For that
reason, we are seeking public comment
on the proposed sub-ACL allocation
versus other possible sub-ACL
allocations that would be consistent
with the Herring FMP’s objectives.
Based on the Council’s
recommendations, we are also
proposing to reduce border transfer to 0
mt and reduce the fixed gear set-aside
to 64 mt for 2019. Border transfer is a
processing quota and is the maximum
amount of herring that can be
transshipped to Canada via Canadian
carrier vessels for human consumption.
Border transfer has been under-utilized
in recent years, and there has been no
border transfer since 2015. Reducing the
border transfer to 0 mt for 2019 would
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ensure all herring caught in U.S. waters
are available to U.S. Federal dealers for
lobster bait or human consumption.
Additionally, we are proposing that the
fixed gear set-aside be reduced
proportionally to the Area 1A sub-ACL
to 64 mt. The Herring FMP allows up to
500 mt of the Area 1A sub-ACL to be
allocated for the fixed gear fisheries in
Area 1A (weirs and stop seines) that
occur west of 67°16.8′ W long (Cutler,
Maine). This set-aside is available for
harvest by fixed gear within the
specified area until November 1 of each
fishing year. Any portion of this
allocation that has not been harvested
by November 1 is transferred back to the
sub-ACL allocation for Area 1A. The
proposed reduction of the fixed gear set
aside is intended to allow additional
herring harvest to be available to both
fixed and mobile gears in Area 1A to
help ensure OY is achieved. Like border
transfer, the fixed gear set-aside has
been under-utilized in recent years.
Fixed gear landings tracked against the
set-aside have averaged less than 12 mt
in the past 5 years.
The Herring FMP requires we adjust
for catch overages and underages in a
subsequent year. Total catch in 2017 did
not reach or exceed any of the
management area sub-ACLs, so typically
we would carryover those underages, or
a portion of the underages, to increase
sub-ACLs in 2019. However, to help
ensure catch does not exceed the ABC/
OFL in 2019 and to help prevent
overfishing, we are proposing to not
increase any sub-ACLs in 2019 based on
carryover from underages in 2017.
All other herring specifications for
2019, including the river herring and
shad catch caps, would remain
unchanged from 2018. While our
proposed adjustments to the herring
specifications in 2019 are generally
consistent with the Council’s
recommendations, our proposed ABC
and the resulting ACL and sub-ACLs are
not as conservative as those
recommended by the Council. However,
the specifications proposed in this
action are expected to prevent
overfishing and reduce the risk of the
stock becoming overfished. We expect
that implementing an ABC lower than
the 30,688 mt ABC proposed in this
action would not increase the
probability of preventing overfishing or
the stock from becoming overfished
enough to outweigh the increased
financial hardship on the herring and
lobster fisheries. If herring
specifications are too low, they may
preclude a viable fishery in 2019 and
some businesses may not be sustainable
and may fail. Our proposed
specifications for 2019 are intended to
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balance preventing overfishing and
maintaining a viable herring fishery to
achieve OY, while we consider approval
and implementation of a long-term ABC
control rule in Amendment 8 to the
Herring FMP.
Herring Research Set-Aside
Announcement
We are soliciting public comment on
the Herring Research Set-Aside (RSA)
program awards for 2019–2021. The
Herring RSA Program allocates up to 3
percent of each management area subACL annually, as established by the
Council in Amendment 1 to the Herring
FMP (72 FR 11251, March 12, 2007).
Exempted Fishing Permits (EFPs)
exempting vessels from certain herring
management regulations have been
routinely approved since 2007 to
support compensation fishing that funds
herring-related research consistent with
RSA priorities identified by the Council.
By continuing to issue these EFPs we
would facilitate compensation fishing in
support of the projects funded under the
2019 Herring RSA Program. Herring
RSA proposals for 2019 are currently
under review with the NEFSC, with
selections expected in late November or
early December of this year. RSA
compensation fishing may be allowed as
early as January 2019.
Consistent with previous herring RSA
compensation fishing EFPs, vessels
would be authorized to harvest herring
RSA after a herring management area
sub-ACL had been caught and the
directed herring fishery is limited to a
2,000 lb (907.2 kg) limit of herring per
day/trip. It would also allow vessels to
harvest RSA during times when the subACLs were not seasonally available for
harvest, specifically during January
through May in Area 1A and January
through April in Area 1B. RSA grant
recipients would be required to meet all
EFP application requirements prior to
the issuance of the EFPs.
If approved, the EFP applicants may
request minor modifications and
extensions to the EFP throughout the
year. EFP modifications and extensions
may be issued without further notice if
they are deemed essential to facilitate
completion of the proposed research
and have minimal impacts that do not
change the scope of the initially
approved EFP request. Any fishing
activity conducted outside the scope of
the exempted fishing activity would be
prohibited.
Classification
The NMFS Assistant Administrator
has determined that this proposed rule
is consistent with the Herring FMP,
national standards and other provisions
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of the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), and other
applicable law.
This proposed rule is exempt from
review under Executive Order (E.O.)
12866 because this action contains no
implementing regulations.
NMFS prepared an Initial Regulatory
Flexibility Analysis (IRFA) for this
proposed rule, as required by section
603 of the Regulatory Flexibility Act
(RFA), 5 U.S.C. 603. The IRFA describes
the economic impact that this proposed
rule would have on small entities,
including small businesses, and also
determines ways to minimize these
impacts. The IRFA includes this section
of the preamble to this rule and analyses
contained in the SEA/RIR/IRFA for this
action. A copy of the full analysis is
available from the Council (see
ADDRESSES). A summary of the IRFA
follows.
Description of the Reasons Why Action
by the Agency Is Being Considered and
Statement of the Objectives of, and
Legal Basis for, the Proposed Rule
This action proposes in-season
adjustments to the herring specifications
and sub-ACLs for 2019. A complete
description of the reasons why this
action is being considered, and the
objectives of and legal basis for this
action, are contained in the preamble to
this proposed rule and are not repeated
here.
Description and Estimate of Number of
Small Entities to Which This Proposed
Rule Would Apply
The RFA recognizes three kinds of
small entities: Small businesses, small
organizations, and small governmental
jurisdictions. For purposes of the RFA
only, the small business criteria in the
finfish fishing industry (NAICS 114111)
is a firm that is independently owned
and operated and not dominant in its
field of operation, with gross annual
receipts of $11 million or less. Small
organizations and small governmental
jurisdictions are not directly regulated
by this action.
There are five permit categories in the
herring fishery: (1) Limited access
permit for all management areas
(Category A); (2) limited access permit
for access to Areas 2 and 3 only
(Category B); (3) limited access
incidental catch permit for 25 mt per
trip (Category C); (4) an open access
incidental catch permit for 3 mt per trip
(Category D); and (5) an open access
permit for limited access mackerel
permit holders authorizing up to 9 mt
per trip (Category E) in Areas 2 and 3.
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Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Proposed Rules
In 2017 there were a total of 1,566
permitted herring vessels. Of those,
1,434 were exclusively Category D
vessels. Of the remaining 132 permitted
herring vessels, 22 belonged to large
businesses. Every Category B permit was
also authorized for Category C, and all
but one Category E permitted vessel also
carried a Category D authorization. We
included Category E vessels that also
have Category D authorization in the
analysis. Table 2 presents the counts of
permitted vessels by category along with
their affiliated entity’s small or large
business status (the status of the
company that holds the herring permit).
TABLE 2—NUMBER OF HERRING PERMITS BY CATEGORY, 2015–2017
Number of herring permits
Herring permit categories
2015
Large
2016
Small
Large
2017
Small
Large
Small
A ...............................................................
B/C ...........................................................
C (exclusive) ............................................
D (exclusive) ............................................
E ...............................................................
5
4
3
112
9
32
4
37
1222
39
5
4
3
115
9
30
4
37
1306
40
6
4
3
114
9
30
4
37
1320
39
Total ..................................................
133
1334
136
1417
136
1430
Source: NMFS.
Table 3 refines the counts from Table
2 to include only those vessels that had
revenue from herring at least once in the
3-year period of analysis. In 2017, there
were 4 large businesses and 69 small
that had revenue from herring.
TABLE 3—NUMBER OF HERRING PERMITS WITH HERRING REVENUE, 2015–2017
Number of herring permits
Herring permit categories
2015
Large
2016
Small
Large
2017
Small
Large
Small
A ...............................................................
B/C ...........................................................
C (exclusive) ............................................
D (exclusive) ............................................
E ...............................................................
4
0
0
0
0
20
2
11
27
4
4
0
0
0
0
19
2
9
29
1
4
0
0
0
0
19
3
12
31
4
Total ..................................................
4
64
4
60
4
69
Source: NMFS
Finally, Table 4 defines the small
entities affected by this proposed
action—small businesses with a Herring
Category A, B, C, or E permit and
revenue from herring during the 2015–
2017 period of analysis. There were 37,
31, and 38 such vessels in 2015, 2016,
and 2017 respectively.
TABLE 4—AFFECTED SMALL ENTITIES, PERMITTED HERRING VESSELS WITH HERRING REVENUE, 2015–2017
Number of herring permits
Herring permit categories
2015
amozie on DSK3GDR082PROD with PROPOSALS1
Large
2016
Small
Large
2017
Small
Large
Small
A ...............................................................
B/C ...........................................................
C (exclusive) ............................................
E ...............................................................
4
0
0
0
20
2
11
4
4
0
0
0
19
2
9
1
4
0
0
0
19
3
12
4
Total ..................................................
4
37
4
31
4
38
Source: NMFS.
To better understand the impact of
this action on the affected small
businesses, we compared the revenue
from herring fishing to total revenue
brought in by the entity (business) that
holds the herring permit. The 17 to 18
VerDate Sep<11>2014
16:23 Nov 29, 2018
Jkt 247001
small entities with Category A permits
show the most dependence on the
herring fishery, with 49.75 percent to
62.03 percent of their revenue coming
from herring landings. The 4 small
Category E permitted entities have the
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
least dependence on the herring fishery
with less than one percent of total entity
revenue coming from the herring
fishery.
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Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
This proposed rule does not introduce
any new reporting, recordkeeping, or
other compliance requirements.
Federal Rules Which May Duplicate,
Overlap, or Conflict With the Proposed
Rule
This action does not duplicate,
overlap, or conflict with any other
Federal rules.
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
amozie on DSK3GDR082PROD with PROPOSALS1
We are proposing to adjust the current
herring specifications and sub-ACLs for
2019, consistent with the Herring FMP’s
objectives of preventing overfishing
while maximizing social and economic
benefits. Non-preferred alternatives
VerDate Sep<11>2014
16:23 Nov 29, 2018
Jkt 247001
would likely not accomplish these
objectives for this action as well as the
proposed action.
Alternative 1 would not achieve the
stated objectives of the action because it
has a less than 50-percent probability of
preventing overfishing in 2019 and,
thus, is inconsistent the MagnusonStevens Act. Additionally, Alternative 1
would negatively impact the herring
stock by increasing the probability that
it would become overfished. The
primary difference between Alternative
2 (Council-recommended) and
Alternative 3 (proposed action) are the
proposed specifications for ABC and the
resulting ACL for 2019. The ABC
associated with the proposed action
(30,688 mt) is higher than the ABC
associated with Alternative 2 (21,266
mt). After applying the management
uncertainty buffer (6,200 mt) to the
ABC, the resulting ACL associated with
the proposed action (24,488 mt) is
almost 10,000 mt higher than the ACL
associated with the Alternative 2
(15,065 mt).
PO 00000
Frm 00028
Fmt 4702
Sfmt 9990
We expect that implementing an ABC
lower than 30,688 mt in 2019 would not
increase the probability of preventing
overfishing or the stock from becoming
overfished enough to outweigh the
increased financial hardship on the
herring and lobster fisheries. If the ACL
is too low, it may preclude a viable
fishery in 2019 and some businesses
may not be sustainable and may fail.
The proposed ABC for 2019 is intended
to balance preventing overfishing and
maintaining a viable herring fishery to
achieve OY, while we consider approval
and implementation of a long-term ABC
control rule in Amendment 8 the
Herring FMP.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 27, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2018–26097 Filed 11–29–18; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Proposed Rules]
[Pages 61593-61598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26097]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 181031994-8999-01]
RIN 0648-XG608
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern
United States; Fisheries of the Northeastern United States; Atlantic
Herring Fishery; Adjustment to Atlantic Herring Specifications and Sub-
Annual Catch Limits for 2019
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 61594]]
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This action proposes an in-season adjustment to the Atlantic
herring specifications and sub-annual catch limits for 2019. These
adjustments are necessary to reduce 2018 herring catch limits that
would otherwise remain in effect for 2019. This action is intended to
prevent overfishing of the herring resource while minimizing negative
social and economic impacts of reduced catch limits.
DATES: Public comments must be received by December 31, 2018.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2018-0131, by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0131, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Michael Pentony, Regional
Administrator, 55 Great Republic Drive, Gloucester, MA 01930. Mark the
outside of the envelope, ``Comments on Adjustments to Atlantic Herring
Specifications for 2019.''
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 us. 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 publicly accessible. We will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Copies of this action, including the Supplemental Environmental
Assessment and the Regulatory Impact Review/Initial Regulatory
Flexibility Analysis (SEA/RIR/IRFA) prepared in support of this action,
are available from Thomas A. Nies, Executive Director, New England
Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA
01950. The supporting documents are also accessible via the internet
at: https://www.regulations.gov/.
FOR FURTHER INFORMATION CONTACT: Carrie Nordeen, Fishery Policy
Analyst, 978-281-9272.
SUPPLEMENTARY INFORMATION:
Background
We implemented 2016-2018 Atlantic herring specifications on
November 1, 2016 (81 FR 75731), as recommended by the New England
Fishery Management Council. The specifications included an overfishing
limit (OFL) of 111,000 mt for 2018. The acceptable biological catch
(ABC) for 2018 was also set at 111,000 mt. The ABC was based on the
Council's interim control rule, set equal to the OFL with at least a
50-percent probability of preventing overfishing, and consistent with
the Council's Scientific and Statistical Committee's (SSC) advice. The
annual catch limit (ACL) for 2018 was 104,800 mt.
In June 2018, a new Northeast Regional Stock Assessment Workshop
(SAW) for herring, reviewed by the Stock Assessment Review Committee
(SARC), was completed. The assessment concluded that although herring
was not overfished and overfishing was not occurring in 2017, poor
recruitment would likely result in a substantial decline in herring
biomass. The stock assessment estimated that recruitment had been at
historic lows during the most recent 5 years (2013-2017). The
assessment projected that biomass could increase, after reaching a low
in 2019, if recruitment returns to average levels, but that herring
catch would need to be reduced, starting in 2018, to prevent
overfishing and lower the risk of the stock becoming overfished. The
final assessment summary report is available on the Northeast Fisheries
Science Center (NEFSC) website (www.nefsc.noaa.gov/publications/).
The Atlantic Herring Fishery Management Plan (FMP) allows us to
make in-season adjustments to the herring specifications and sub-ACLs,
after consultation with the Council, consistent with the Herring FMP's
objectives and other FMP provisions. In August 2018, at the request of
the Council, we used an in-season adjustment to reduce the 2018 ACL
from 104,800 mt to 49,900 mt to reduce the risk of overfishing (83 FR
42450, August 22, 2018). This ensured at least a 50-percent probability
of preventing overfishing in 2018. However, assessment projections
indicated that catch would need to be further reduced in 2019 to
prevent overfishing and lower the risk of the stock becoming
overfished.
By regulation, herring catch limits for 2018, as modified by the
2018 in-season adjustment, will remain in effect until replaced. At its
September 2018 meeting, the Council adopted a new ABC control rule for
the herring fishery developed in Amendment 8 to the Herring FMP and
recommended we use an in-season adjustment to reduce 2018 herring catch
limits for 2019 while it develops new specifications starting in 2020.
The Council was scheduled to begin developing the 2019-2021 herring
specifications at its September meeting and take final action on the
new specifications at its December 2018 meeting. The Council planned
for us to implement the new specifications during 2019, based on the
new ABC control rule it adopted in Amendment 8. However, because of the
time required for the Council to prepare the necessary documentation
and for us to review and approve the control rule in Amendment 8 and
implement final approved measures, the new specifications would not
have been effective early enough to prevent catch from exceeding the
lower catch limits required to prevent overfishing in 2019.
Proposed Adjustments to Herring Specifications
We are proposing to adjust the current herring specifications and
sub-ACLs for 2019, consistent with the Herring FMP's objectives of
preventing overfishing while maximizing social and economic benefits.
We will strive to publish the final rule as close as possible to the
start of the new fishing year in January 2019. The 2019 specifications
and sub-ACLs proposed in this action, as well as the Council's
recommendations for 2019, are shown in Table 1.
Table 1--2019 Atlantic Herring Specification and Sub-ACL Alternatives (mt)
----------------------------------------------------------------------------------------------------------------
Alternative 1--no Alternative 2--council- Alternative 3--proposed
action recommended action
----------------------------------------------------------------------------------------------------------------
Overfishing Limit.................... 111,000................ 30,688................. 30,688
Acceptable Biological Catch.......... 111,000................ 21,266................. 30,688
Management Uncertainty............... 6,200.................. 6,200.................. 6,200
Optimum Yield/ACL.................... 49,900 *............... 15,065 *............... 24,488 *
[[Page 61595]]
Domestic Annual Harvest.............. 104,800................ 15,065................. 24,488
Border Transfer...................... 4,000.................. 0...................... 0
Domestic Annual Processing........... 100,800................ 15,065................. 24,488
U.S. At-Sea Processing............... 0...................... 0...................... 0
Area 1A Sub-ACL...................... 27,743 * (55.6%)....... 4,354 * (28.9%)........ 7,077 * (28.9%)
Area 1B Sub-ACL...................... 2,639 (5.3%)........... 647 (4.3%)............. 1,053 (4.3%)
Area 2 Sub-ACL....................... 8,200 (16.4%).......... 4,188 (27.8%).......... 6,808 (27.8%)
Area 3 Sub-ACL....................... 11,318 (22.7%)......... 5,876 (39%)............ 9,550 (39%)
Fixed Gear Set-Aside................. 295.................... 39..................... 64
Research Set-Aside................... 3% of sub-ACLs......... 3% of sub-ACLs......... 3% of sub-ACLs
----------------------------------------------------------------------------------------------------------------
* If New Brunswick weir fishery catch through October 1 is less than 4,000 mt, then 1,000 mt will be subtracted
from the management uncertainty buffer and added to the ACL and Area 1A Sub-ACL.
We consulted with the Council on potential 2019 specifications
during the Council's September 2018 meeting. At that meeting, the
Council recommended that we:
Use the most recent assessment and projections to develop
the 2019 specifications.
Use the ABC control rule approved by the Council in
Amendment 8.
Maintain the sub-annual catch limits for herring
management areas based on the proportions allocated in the 2016-2018
specifications package.
[cir] Area 1A: 28.9 percent.
[cir] Area 1B: 4.3 percent.
[cir] Area 2: 27.8 percent.
[cir] Area 3: 39 percent.
Proportionally reduce the fixed gear set-aside allocation
which is based on a small weir fishery west of Cutler, ME.
Set the border transfer (which allows U.S. vessels to
transfer herring to Canadian vessels to be processed as food) at 0 mt.
Based on the best available science, we are proposing to reduce the
OFL for 2019 to 30,688 mt. The Herring FMP specifies that the OFL must
be equal to catch resulting from applying the maximum fishing mortality
threshold to a current or projected estimate of stock size. When the
stock is not overfished and overfishing is not occurring, this is
usually the fishing rate supporting maximum sustainable yield. Catch
that exceeds this amount would result in overfishing. An OFL of 30,388
mt would ensure at least a 50-percent probability of preventing
overfishing in 2019. This OFL is based on projections by the SAW/SARC,
as updated by NOAA's NEFSC staff using 2018 catch, and was recommended
by both the SSC and the Council.
The Herring FMP specifies that the ABC may be equal to or less than
the OFL depending on scientific uncertainty concerning stock size
estimates, variability around recruitment estimates, and consideration
of ecosystem issues. For the 2019 ABC reduction, we are proposing to
continue applying the interim control rule that was used to set ABC in
recent specifications (2016-2018). Our proposed ABC would have a 50-
percent probability of preventing overfishing in 2019 and would be set
equal to the OFL. In contrast, the SSC and Council recommended reducing
the ABC for 2019 based on the new control rule the Council adopted in
Amendment 8 that accounts for herring's role in the ecosystem. Our
proposed ABC is 30,688 mt and the SSC/Council recommended ABC is 21,266
mt.
Our proposed ABC prevents overfishing and accounts for scientific
uncertainty in the short-term until we are able to consider the
Council's recommendation for addressing scientific uncertainty in a
long-term control rule in Amendment 8. The approach to continue using
the interim control rule for 2019 is independent of and involves
different considerations than our consideration of the Council's
recommended control rule in Amendment 8. We expect the Council to
submit Amendment 8 to us for review and approval in late 2018.
Additionally, while the 2018 assessment showed that the probability of
the stock becoming overfished has increased since the last stock
assessment, our proposed ABC is intended to reduce the risk of the
stock becoming overfished.
We are proposing to maintain the current management uncertainty
buffer (6,200 mt), as recommended by the Council, so the resulting ACL
would be 24,488 mt. This ACL is almost 10,000 mt higher than the ACL
that would result from the Council-recommended ABC (15,065 mt).
Allowing this additional harvest helps to achieve optimum yield (OY) by
accounting for social, economic, and ecological factors, specifically
the need to conserve herring biomass while mitigating severe economic
hardship on the herring industry. Because the majority of herring catch
is bait for the lobster fishery, we expect this additional harvest to
help minimize the negative economic impacts associated with bait
shortages and higher bait prices on the lobster fishery. The management
uncertainty buffer, in conjunction with low fishery closure thresholds
(95 percent of the ACL and 92 percent of a sub-ACL), has prevented
herring catch from ever exceeding the ABC, which further minimizes the
probability of overfishing.
We are proposing to maintain the sub-ACL allocations used in the
recent specifications (2016-2018) for 2019. This means that 28.9
percent of the ACL would be allocated to Area 1A, 4.3 percent allocated
to Area 1B, 27.8 percent allocated to Area 2, and 39 percent allocated
to Area 3. These sub-ACL allocations were recommended by the Council
for past specifications, as well as for 2019, because they do not
substantially impact one stock component (inshore versus offshore) more
than the other while maximizing opportunities for the fishery to
achieve OY. Adjusting the sub-ACL allocations for the herring
management area may have impacts beyond those we considered in this
action. For that reason, we are seeking public comment on the proposed
sub-ACL allocation versus other possible sub-ACL allocations that would
be consistent with the Herring FMP's objectives.
Based on the Council's recommendations, we are also proposing to
reduce border transfer to 0 mt and reduce the fixed gear set-aside to
64 mt for 2019. Border transfer is a processing quota and is the
maximum amount of herring that can be transshipped to Canada via
Canadian carrier vessels for human consumption. Border transfer has
been under-utilized in recent years, and there has been no border
transfer since 2015. Reducing the border transfer to 0 mt for 2019
would
[[Page 61596]]
ensure all herring caught in U.S. waters are available to U.S. Federal
dealers for lobster bait or human consumption. Additionally, we are
proposing that the fixed gear set-aside be reduced proportionally to
the Area 1A sub-ACL to 64 mt. The Herring FMP allows up to 500 mt of
the Area 1A sub-ACL to be allocated for the fixed gear fisheries in
Area 1A (weirs and stop seines) that occur west of 67[deg]16.8' W long
(Cutler, Maine). This set-aside is available for harvest by fixed gear
within the specified area until November 1 of each fishing year. Any
portion of this allocation that has not been harvested by November 1 is
transferred back to the sub-ACL allocation for Area 1A. The proposed
reduction of the fixed gear set aside is intended to allow additional
herring harvest to be available to both fixed and mobile gears in Area
1A to help ensure OY is achieved. Like border transfer, the fixed gear
set-aside has been under-utilized in recent years. Fixed gear landings
tracked against the set-aside have averaged less than 12 mt in the past
5 years.
The Herring FMP requires we adjust for catch overages and underages
in a subsequent year. Total catch in 2017 did not reach or exceed any
of the management area sub-ACLs, so typically we would carryover those
underages, or a portion of the underages, to increase sub-ACLs in 2019.
However, to help ensure catch does not exceed the ABC/OFL in 2019 and
to help prevent overfishing, we are proposing to not increase any sub-
ACLs in 2019 based on carryover from underages in 2017.
All other herring specifications for 2019, including the river
herring and shad catch caps, would remain unchanged from 2018. While
our proposed adjustments to the herring specifications in 2019 are
generally consistent with the Council's recommendations, our proposed
ABC and the resulting ACL and sub-ACLs are not as conservative as those
recommended by the Council. However, the specifications proposed in
this action are expected to prevent overfishing and reduce the risk of
the stock becoming overfished. We expect that implementing an ABC lower
than the 30,688 mt ABC proposed in this action would not increase the
probability of preventing overfishing or the stock from becoming
overfished enough to outweigh the increased financial hardship on the
herring and lobster fisheries. If herring specifications are too low,
they may preclude a viable fishery in 2019 and some businesses may not
be sustainable and may fail. Our proposed specifications for 2019 are
intended to balance preventing overfishing and maintaining a viable
herring fishery to achieve OY, while we consider approval and
implementation of a long-term ABC control rule in Amendment 8 to the
Herring FMP.
Herring Research Set-Aside Announcement
We are soliciting public comment on the Herring Research Set-Aside
(RSA) program awards for 2019-2021. The Herring RSA Program allocates
up to 3 percent of each management area sub-ACL annually, as
established by the Council in Amendment 1 to the Herring FMP (72 FR
11251, March 12, 2007). Exempted Fishing Permits (EFPs) exempting
vessels from certain herring management regulations have been routinely
approved since 2007 to support compensation fishing that funds herring-
related research consistent with RSA priorities identified by the
Council. By continuing to issue these EFPs we would facilitate
compensation fishing in support of the projects funded under the 2019
Herring RSA Program. Herring RSA proposals for 2019 are currently under
review with the NEFSC, with selections expected in late November or
early December of this year. RSA compensation fishing may be allowed as
early as January 2019.
Consistent with previous herring RSA compensation fishing EFPs,
vessels would be authorized to harvest herring RSA after a herring
management area sub-ACL had been caught and the directed herring
fishery is limited to a 2,000 lb (907.2 kg) limit of herring per day/
trip. It would also allow vessels to harvest RSA during times when the
sub-ACLs were not seasonally available for harvest, specifically during
January through May in Area 1A and January through April in Area 1B.
RSA grant recipients would be required to meet all EFP application
requirements prior to the issuance of the EFPs.
If approved, the EFP applicants may request minor modifications and
extensions to the EFP throughout the year. EFP modifications and
extensions may be issued without further notice if they are deemed
essential to facilitate completion of the proposed research and have
minimal impacts that do not change the scope of the initially approved
EFP request. Any fishing activity conducted outside the scope of the
exempted fishing activity would be prohibited.
Classification
The NMFS Assistant Administrator has determined that this proposed
rule is consistent with the Herring FMP, national standards and other
provisions of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act), and other applicable law.
This proposed rule is exempt from review under Executive Order
(E.O.) 12866 because this action contains no implementing regulations.
NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA) for
this proposed rule, as required by section 603 of the Regulatory
Flexibility Act (RFA), 5 U.S.C. 603. The IRFA describes the economic
impact that this proposed rule would have on small entities, including
small businesses, and also determines ways to minimize these impacts.
The IRFA includes this section of the preamble to this rule and
analyses contained in the SEA/RIR/IRFA for this action. A copy of the
full analysis is available from the Council (see ADDRESSES). A summary
of the IRFA follows.
Description of the Reasons Why Action by the Agency Is Being Considered
and Statement of the Objectives of, and Legal Basis for, the Proposed
Rule
This action proposes in-season adjustments to the herring
specifications and sub-ACLs for 2019. A complete description of the
reasons why this action is being considered, and the objectives of and
legal basis for this action, are contained in the preamble to this
proposed rule and are not repeated here.
Description and Estimate of Number of Small Entities to Which This
Proposed Rule Would Apply
The RFA recognizes three kinds of small entities: Small businesses,
small organizations, and small governmental jurisdictions. For purposes
of the RFA only, the small business criteria in the finfish fishing
industry (NAICS 114111) is a firm that is independently owned and
operated and not dominant in its field of operation, with gross annual
receipts of $11 million or less. Small organizations and small
governmental jurisdictions are not directly regulated by this action.
There are five permit categories in the herring fishery: (1)
Limited access permit for all management areas (Category A); (2)
limited access permit for access to Areas 2 and 3 only (Category B);
(3) limited access incidental catch permit for 25 mt per trip (Category
C); (4) an open access incidental catch permit for 3 mt per trip
(Category D); and (5) an open access permit for limited access mackerel
permit holders authorizing up to 9 mt per trip (Category E) in Areas 2
and 3.
[[Page 61597]]
In 2017 there were a total of 1,566 permitted herring vessels. Of
those, 1,434 were exclusively Category D vessels. Of the remaining 132
permitted herring vessels, 22 belonged to large businesses. Every
Category B permit was also authorized for Category C, and all but one
Category E permitted vessel also carried a Category D authorization. We
included Category E vessels that also have Category D authorization in
the analysis. Table 2 presents the counts of permitted vessels by
category along with their affiliated entity's small or large business
status (the status of the company that holds the herring permit).
Table 2--Number of Herring Permits by Category, 2015-2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of herring permits
-----------------------------------------------------------------------------------------------
Herring permit categories 2015 2016 2017
-----------------------------------------------------------------------------------------------
Large Small Large Small Large Small
--------------------------------------------------------------------------------------------------------------------------------------------------------
A....................................................... 5 32 5 30 6 30
B/C..................................................... 4 4 4 4 4 4
C (exclusive)........................................... 3 37 3 37 3 37
D (exclusive)........................................... 112 1222 115 1306 114 1320
E....................................................... 9 39 9 40 9 39
-----------------------------------------------------------------------------------------------
Total............................................... 133 1334 136 1417 136 1430
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: NMFS.
Table 3 refines the counts from Table 2 to include only those
vessels that had revenue from herring at least once in the 3-year
period of analysis. In 2017, there were 4 large businesses and 69 small
that had revenue from herring.
Table 3--Number of Herring Permits With Herring Revenue, 2015-2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of herring permits
-----------------------------------------------------------------------------------------------
Herring permit categories 2015 2016 2017
-----------------------------------------------------------------------------------------------
Large Small Large Small Large Small
--------------------------------------------------------------------------------------------------------------------------------------------------------
A....................................................... 4 20 4 19 4 19
B/C..................................................... 0 2 0 2 0 3
C (exclusive)........................................... 0 11 0 9 0 12
D (exclusive)........................................... 0 27 0 29 0 31
E....................................................... 0 4 0 1 0 4
-----------------------------------------------------------------------------------------------
Total............................................... 4 64 4 60 4 69
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: NMFS
Finally, Table 4 defines the small entities affected by this
proposed action--small businesses with a Herring Category A, B, C, or E
permit and revenue from herring during the 2015-2017 period of
analysis. There were 37, 31, and 38 such vessels in 2015, 2016, and
2017 respectively.
Table 4--Affected Small Entities, Permitted Herring Vessels With Herring Revenue, 2015-2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of herring permits
-----------------------------------------------------------------------------------------------
Herring permit categories 2015 2016 2017
-----------------------------------------------------------------------------------------------
Large Small Large Small Large Small
--------------------------------------------------------------------------------------------------------------------------------------------------------
A....................................................... 4 20 4 19 4 19
B/C..................................................... 0 2 0 2 0 3
C (exclusive)........................................... 0 11 0 9 0 12
E....................................................... 0 4 0 1 0 4
-----------------------------------------------------------------------------------------------
Total............................................... 4 37 4 31 4 38
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: NMFS.
To better understand the impact of this action on the affected
small businesses, we compared the revenue from herring fishing to total
revenue brought in by the entity (business) that holds the herring
permit. The 17 to 18 small entities with Category A permits show the
most dependence on the herring fishery, with 49.75 percent to 62.03
percent of their revenue coming from herring landings. The 4 small
Category E permitted entities have the least dependence on the herring
fishery with less than one percent of total entity revenue coming from
the herring fishery.
[[Page 61598]]
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
This proposed rule does not introduce any new reporting,
recordkeeping, or other compliance requirements.
Federal Rules Which May Duplicate, Overlap, or Conflict With the
Proposed Rule
This action does not duplicate, overlap, or conflict with any other
Federal rules.
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
We are proposing to adjust the current herring specifications and
sub-ACLs for 2019, consistent with the Herring FMP's objectives of
preventing overfishing while maximizing social and economic benefits.
Non-preferred alternatives would likely not accomplish these objectives
for this action as well as the proposed action.
Alternative 1 would not achieve the stated objectives of the action
because it has a less than 50-percent probability of preventing
overfishing in 2019 and, thus, is inconsistent the Magnuson-Stevens
Act. Additionally, Alternative 1 would negatively impact the herring
stock by increasing the probability that it would become overfished.
The primary difference between Alternative 2 (Council-recommended) and
Alternative 3 (proposed action) are the proposed specifications for ABC
and the resulting ACL for 2019. The ABC associated with the proposed
action (30,688 mt) is higher than the ABC associated with Alternative 2
(21,266 mt). After applying the management uncertainty buffer (6,200
mt) to the ABC, the resulting ACL associated with the proposed action
(24,488 mt) is almost 10,000 mt higher than the ACL associated with the
Alternative 2 (15,065 mt).
We expect that implementing an ABC lower than 30,688 mt in 2019
would not increase the probability of preventing overfishing or the
stock from becoming overfished enough to outweigh the increased
financial hardship on the herring and lobster fisheries. If the ACL is
too low, it may preclude a viable fishery in 2019 and some businesses
may not be sustainable and may fail. The proposed ABC for 2019 is
intended to balance preventing overfishing and maintaining a viable
herring fishery to achieve OY, while we consider approval and
implementation of a long-term ABC control rule in Amendment 8 the
Herring FMP.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 27, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2018-26097 Filed 11-29-18; 8:45 am]
BILLING CODE 3510-22-P
