Fisheries of the Northeastern United States; Spiny Dogfish Fishery; 2019 and Projected 2020-2021 Specifications, 11923-11925 [2019-06030]
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Federal Register / Vol. 84, No. 61 / Friday, March 29, 2019 / Proposed Rules
PART 1516—TYPES OF CONTRACTS
1. The authority citation for part 1516
continues to read as follows:
■
Authority: 5 U.S.C. 301and 41 U.S.C.
418b.
2. Amend section 1516.401–70 by
revising paragraph (b) to read as follows:
■
1516.401–70
Award term incentives.
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(b) Award term incentives are
designed to motivate contractors to
provide superior performance. Superior
performance must be defined in the
Award Term Incentive Plan.
Accordingly, the prescribed
performance measures, i.e., acceptable
quality levels (AQL), which must be
achieved by a contractor to become
eligible for an award term will be in
excess of the AQLs necessary for
Government acceptance of contract
deliverables, unless rationale is
documented that such service is beyond
the contractor’s capability or control.
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■ 3. Revise section 1516.401–270 to
read as follows:
1516.401–270
Definition.
Acceptable quality level (AQL) as
used in this subpart means the
minimum percent of deliverables which
are compliant with a given performance
standard that would permit a contractor
to become eligible for an award term
incentive. The performance necessary
for eligibility for the award term
incentive must be in excess of that
necessary for the Government
acceptance of contract deliverables. The
AQLs associated with the award term
incentive shall exceed the AQLs
associated with the acceptance of
contract deliverables. For example,
under contract X, acceptable
performance is 75 percent of reports
submitted to the Government within
five days. However, to be eligible for an
award term incentive, 85 percent of
reports must be submitted to the
Government within five days.
■ 4. Amend section 1516.406 by
revising paragraphs (c) and (d) to read
as follows:
1516.406
Contract clauses.
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(c) The Contracting Officer shall insert
the clauses at 1552.216–77, Award Term
Incentive, 1552.216–78, Award Term
Incentive Plan, and 1552.216–79, Award
Term Availability of Funds, in
solicitations and contracts when award
term incentives are contemplated. The
clauses at 1552.216–77 and 1552.216–78
may be used on substantially the sameas basis.
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(d) If the Contracting Officer wishes to
use the ratings set forth in the
Department of Defense Contractor
Performance Assessment Reporting
System on the contract at hand as the
basis for contractor eligibility for an
award term incentive, the Contracting
Officer shall insert the clause at
1552.216–78.
11923
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
PART 1552—SOLICITATION
Federal e-Rulemaking Portal.
PROVISIONS AND CONTRACT
1. Go to www.regulations.gov/
CLAUSES
#!docketDetail;D=NOAA-NMFS-20190008,
■ 5. The authority citation for part 1552
2. Click the ‘‘Comment Now!’’ icon,
continues to read as follows:
complete the required fields, and
Authority: 5 U.S.C. 301 and 41 U.S.C.
3. Enter or attach your comments.
418b.
– OR –
■ 6. Amend section 1552.216–78 by
Mail: Submit written comments to
revising paragraph (e) to read as follows: Michael Pentony, Regional
Administrator, National Marine
1552.216–78 Award term incentive plan.
Fisheries Service, 55 Great Republic
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Drive, Gloucester, MA 01930. Mark the
(e) [If the contract will contain a
outside of the envelope: ‘‘Comments on
quality assurance surveillance plan
the Proposed Rule for Spiny Dogfish
(QASP), reference the QASP, e.g.,
Specifications.’’
attachment 2. Typically, the
Instructions: Comments sent by any
performance standards and AQLs will
other method, to any other address or
be defined in the QASP]
individual, or received after the end of
the comment period, may not be
(End of clause)
considered by NMFS. All comments
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received are part of the public record
[FR Doc. 2019–06131 Filed 3–28–19; 8:45 am]
and will generally be posted for public
BILLING CODE 6560–50–P
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
DEPARTMENT OF COMMERCE
confidential business information, or
otherwise sensitive information
National Oceanic and Atmospheric
submitted voluntarily by the sender will
Administration
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
50 CFR Part 648
A’’ in the required fields if you wish to
remain anonymous).
[Docket No. 190207082–9233–01]
A draft environmental assessment
RIN 0648–XG800
(EA) has been prepared for this action
that describes the proposed measures
Fisheries of the Northeastern United
and other considered alternatives, as
States; Spiny Dogfish Fishery; 2019
well as provides an analysis of the
and Projected 2020–2021
impacts of the proposed measures and
Specifications
alternatives. Copies of the specifications
document, including the EA and the
AGENCY: National Marine Fisheries
Initial Regulatory Flexibility Analysis
Service (NMFS), National Oceanic and
(IRFA), are available on request from Dr.
Atmospheric Administration (NOAA),
Christopher M. Moore, Executive
Commerce.
Director, Mid-Atlantic Fishery
ACTION: Proposed rule; request for
Management Council, Suite 201, 800
comments.
North State Street, Dover, DE 19901.
SUMMARY: NMFS proposes specifications These documents are also accessible via
the internet at https://www.mafmc.org.
for the 2019 spiny dogfish fishery and
projected specifications for fishing years FOR FURTHER INFORMATION CONTACT:
2020 and 2021. The specifications are
Cynthia Ferrio, Fishery Management
necessary to establish allowable harvest Specialist, (978) 281–9180.
levels and other management measures
SUPPLEMENTARY INFORMATION:
to prevent overfishing while allowing
Background
optimum yield. This action is also
intended to inform and provide an
The Atlantic spiny dogfish fishery is
opportunity for comment to the public
jointly managed in Federal waters by
on these proposed specifications for the the New England and Mid-Atlantic
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Federal Register / Vol. 84, No. 61 / Friday, March 29, 2019 / Proposed Rules
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 MidAtlantic 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
2019
(mt)
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OFL ..........................................................
ABC ..........................................................
ACL = ACT ..............................................
TAL ...........................................................
Commercial Quota ...................................
Percent Change in Quota from Previous
Year ......................................................
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
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2019
(lb)
2020
(mt)
2020
(lb)
2021
(lb)
21,549
12,914
12,865
9,390
9,309
47,507,413
28,470,497
28,362,470
20,701,000
20,522,832
N/A
14,126
14,077
10,602
10,521
N/A
31,142,499
31,034,473
23,373,409
23,194,835
N/A
16,043
15,994
12,519
12,438
N/A
35,368,761
35,260,734
27,599,671
27,421,096
¥46
¥46
+13
+13
+18
+18
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 (MagnusonStevens 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
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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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Federal Register / Vol. 84, No. 61 / Friday, March 29, 2019 / Proposed Rules
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.
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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
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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
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11925
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 shortterm 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 MagnusonStevens 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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[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.
-----------------------------------------------------------------------
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 https://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
--------------------------------------------------------------------------------------------------------------------------------------------------------
2019 (mt) 2019 (lb) 2020 (mt) 2020 (lb) 2021 (mt) 2021 (lb)
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
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-
[[Page 11925]]
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]
BILLING CODE 3510-22-P
