[Federal Register Volume 79, Number 153 (Friday, August 8, 2014)]
[Rules and Regulations]
[Pages 46376-46378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18817]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 140403312-4632-02]
RIN 0648-BE17


Fisheries of the Northeastern United States; Spiny Dogfish 
Fishery; Final 2014-2015 Spiny Dogfish Specifications

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: This rule implements catch limits, commercial quotas, and 
possession limits for the spiny dogfish fishery for the 2014-2015 
fishing years. The action was developed by the Mid-Atlantic and New 
England Fishery Management Councils pursuant to the fishery 
specification requirements of the Spiny Dogfish Fishery Management 
Plan. These management measures, including the increase in catch limits 
above the 2013 levels, are supported by the best available scientific 
information and reflect recent increases in spiny dogfish biomass, and 
are expected to result in positive economic impacts for the spiny 
dogfish fishery while maintaining the conservation objectives of the 
Spiny Dogfish Fishery Management Plan.

DATES: This rule is effective September 8, 2014.

ADDRESSES: Copies of the specifications, including the Environmental 
Assessment and Initial Regulatory Flexibility Analysis (EA/IRFA) and 
other supporting documents for the action are available from Dr. 
Christopher M. Moore, Executive Director, Mid-Atlantic Fishery 
Management Council, Suite 201, 800 N. State Street, Dover, DE 19901. 
The amendment is also accessible via the Internet at: http://www.nero.noaa.gov.
    NMFS prepared a Final Regulatory Flexibility Analysis (FRFA), which 
is contained in the Classification section of this rule. Copies of the 
FRFA and the Small Entity Compliance Guide are available from the 
Regional Administrator, Greater Atlantic Regional Fisheries Office, 
NMFS, 55 Great Republic Drive, Gloucester, MA 01930, and are available 
via the Internet at: http://www.nero.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Tobey Curtis, Fishery Policy Analyst, 
(978) 281-9273.

SUPPLEMENTARY INFORMATION:

Background

    The Atlantic spiny dogfish (Squalus acanthias) fishery is jointly 
managed by the New England and Mid-Atlantic Fishery Management 
Councils. The Atlantic States Marine Fisheries Commission also manages 
the spiny dogfish fishery in state waters from Maine to North Carolina 
through an interstate fishery management plan (FMP). The Federal Spiny 
Dogfish FMP was implemented in 2000, when spiny dogfish were determined 
to be overfished. The spiny dogfish stock was declared to be 
successfully rebuilt in 2010, and it continues to be above its target 
biomass.
    This final rule implements specifications (i.e., annual catch limit 
(ACL), commercial quota, and possession limits) for the spiny dogfish 
fishery for the 2014 and 2015 fishing years, in accordance with the 
requirements of the Spiny Dogfish FMP. Proposed specifications 
published in the Federal Register on May 13, 2014 (79 FR 27274), with 
public comments accepted through June 12, 2014. Details concerning the 
development of these specifications and the proposed measures were 
contained in the preamble of the proposed rule and are not repeated 
here.

Final 2014-2015 Specifications

    Due to recent observed increases in spiny dogfish stock biomass, 
and based upon the recommendations of the Councils, the spiny dogfish 
ACLs and commercial quotas are being increased from 2013 levels (refer 
to the EA for more details; see ADDRESSES). Additionally, after 
consideration of public comments received on the proposed rule (refer 
to the Comments and Responses section below), the spiny dogfish trip 
limit is also being increased. NMFS is implementing the following 
specifications for the spiny dogfish fishery for the 2014-2015 fishing 
years:
    1. ACL of 60.695 million lb (27,531 mt) and pre-Research Set-Aside 
(RSA) commercial quota of 49.037 million lb (22,243 mt) for 2014 (+20 
percent from 2013);
    2. ACL of 62.270 million lb (28,245 mt) and pre-RSA commercial 
quota of 50.612 million lb (22,957 mt) for 2015 (+24 percent from 
2013); and
    3. A Federal spiny dogfish trip limit of 5,000 lb (2,268 kg).
    The two Councils could not agree on the spiny dogfish trip limit 
for 2014-2015. The Mid-Atlantic Fishery Management Council recommended 
the status quo trip limit (4,000 lb (1,814 kg)), and the New England 
Fishery Management Council recommended no limits on the possession of 
spiny dogfish (due in part to significant under-harvest of the spiny 
dogfish quotas in recent years). Under the FMP, when the two Councils 
recommend different specification measures, NMFS has the discretion to 
implement any measure not specifically rejected by both Councils. In 
this case, NMFS may implement whatever trip limit is deemed the most 
appropriate based upon the advice of the Councils and public comments. 
In acknowledgement of the concerns of both Councils, as well as the 
input of the public, NMFS is implementing a modest increase in the 
spiny dogfish trip limit. The increase to 5,000 lb (2,268 kg) is 
expected to increase opportunities to land the abundant spiny dogfish 
resource without resulting in additional market instability or other 
potential economic impacts.
    NMFS has approved and implemented Amendment 3 to the Spiny Dogfish 
FMP (July 15, 2014; 79 FR 41141), which becomes effective on August 14, 
2014. Amendment 3 implemented an RSA program for the Spiny Dogfish FMP, 
in which up to 3 percent of the commercial quota may be set aside to 
support scientific research. Under the specifications implemented in 
this rule, the maximum available RSA amounts are 1.470 million lb (667 
mt) for 2014, and 1.519 million lb (689 mt) for 2015. A total of 
250,000 lb (113 mt) of spiny dogfish RSA has been awarded for 2014, 
leaving 48.787 million lb (22,129 mt) for the final 2014 commercial 
quota. Assuming the maximum available amount of RSA is awarded in 2015, 
the final commercial quota would be 49.093 million lb (22,268 mt). 
However, any unused portion of the 2015 spiny dogfish RSA will be 
reallocated to the 2015 commercial quota. Additionally, Amendment 3 
removed the seasonal allocation of the spiny dogfish commercial quota. 
Therefore, these final specifications will apply to the spiny dogfish 
fishery on an annual, coastwide basis. However, the regional and state-
by-state allocation of the spiny dogfish quota by the Commission may 
still affect Federal spiny dogfish vessels.

Comments and Responses

    A total of 29 comments were received on the proposed rule from 22 
individuals (predominantly fishermen from Massachusetts), 3 fishing 
industry organizations, 3 state agencies (Maine Department of Marine 
Resources, Massachusetts Division of Marine Fisheries, and the Rhode 
Island

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Department of Environmental Management), and the Mid-Atlantic Fishery 
Management Council. All but one comment focused on the spiny dogfish 
trip limit and rationale for the preferred limit. Some supported the 
proposed rule, including the proposed unlimited possession measure. 
Others opposed unlimited possession of spiny dogfish, and stated 
preferences for the status quo (4,000-lb (1,182-kg) trip limit). Four 
commenters favored a slight increase in the spiny dogfish trip limit 
(e.g., 5,000 lb (2,268 kg)), but also opposed unlimited possession. 
Finally, one commenter expressed general opposition to the proposed 
specifications, but did not identify a preferred quota or trip limit. 
This section summarizes the principle comments contained in the 
individual comment letters that pertained to the proposed rule and 
NMFS' response to those comments.
    Comment 1: Some commenters expressed support for the proposed 
specifications, including unlimited possession of spiny dogfish. They 
argued that spiny dogfish are over-abundant, and since the fishery has 
been under-harvesting its quotas in recent years (e.g., only 39 percent 
of the quota was landed in 2013), possession limits are not necessary. 
They also argued that unlimited possession in Federal waters would 
provide the states with more flexibility to tailor spiny dogfish 
management measures to the needs of their particular states.
    Response: While NMFS acknowledges the high abundance of spiny 
dogfish and recent under-harvesting of the quota, unlimited possession 
may be imprudent at this time due to market and processing constraints. 
Demand for spiny dogfish in the primary export markets has been 
significantly reduced over the last two years. Large volume landings of 
spiny dogfish could result in market gluts and reduced prices, and 
disadvantage smaller day-boat fishing operations. The final trip limit 
of 5,000 lb (2,268 kg) is expected to help the fishery harvest more of 
the abundant spiny dogfish resource should markets recover during 2014 
and 2015, while still constraining the rate of landings across the year 
and allowing broad participation across fisheries. States may still 
work through the Commission process to specify appropriate management 
measures for their own state waters.
    Comment 2: Other commenters opposed the proposed unlimited 
possession of spiny dogfish, and commented in favor of maintaining the 
status quo (4,000-lb (1,812 kg)) trip limit. These commenters opposed 
increasing the spiny dogfish trip limit for a variety of reasons, 
including concerns that higher trip limits would drive the price down, 
increase market instability, disadvantage smaller fishing vessels, 
increase bycatch, reduce product quality, and increase the risk of 
overfishing. They also felt that any increases would be premature until 
the spiny dogfish markets recover or expand.
    Response: NMFS agrees that unlimited possession of spiny dogfish 
could result in some of the negative impacts listed. However, it is 
unlikely that the modest trip limit increase to 5,000 lb (2,268 kg) 
would result in impacts significantly different from the status quo. 
The small increase would also potentially help more of the available 
spiny dogfish quotas to be landed, increase total revenues, and help 
maintain a consistent supply of spiny dogfish products should markets 
recover or expand. Maintaining the 4,000-lb (1,812-kg) trip limit under 
the significantly increased final commercial quotas would likely result 
in continued under-harvests.
    Comment 3: Some commenters opposed the proposed unlimited 
possession of spiny dogfish, but favored minor increases to the spiny 
dogfish trip limit (e.g., 5,000 lb (2,268 kg)). They stated that 
incremental increases may benefit the fishery (e.g., slightly increased 
revenues), allow more of the available quotas to landed, maintain 
market stability, and help reduce the population of spiny dogfish, 
which is perceived as a pest causing unwanted predation pressure on 
more valuable fish stocks. Spiny dogfish processors in Massachusetts 
also indicated that their processing capacity could absorb an increase 
to a 5,000-lb (2,268-kg) trip limit.
    Response: NMFS agrees that a modest increase in the spiny dogfish 
trip limit to 5,000 lb (2,268 kg) is justified for the 2014 and 2015 
fishing years. This trip limit is not expected to result in the 
potential negative impacts associated with unlimited possession, while 
still providing some additional economic opportunity for the spiny 
dogfish fishery. The final trip limit has a higher likelihood of 
helping the spiny dogfish fishery achieve its optimum yield than status 
quo or unlimited possession.
    Comment 4: A commenter opposed the proposed increases in spiny 
dogfish catch limits and commercial quotas, and suggested that they 
should be reduced by 50 percent.
    Response: NMFS disagrees that reductions to the spiny dogfish catch 
limits are warranted. Spiny dogfish are not currently overfished or 
experiencing overfishing. Spawning stock biomass of spiny dogfish is 
currently estimated to be 33 percent above the target biomass level 
deemed sustainable for the stock. The increased catch limits and 
commercial quotas specified in this rule are based upon the best 
available scientific information, and meet the objectives of the Spiny 
Dogfish FMP and the requirements of the Magnuson-Stevens Fishery 
Conservation and Management Act.

Changes from Proposed Rule to Final Rule

    As described above, NMFS proposed unlimited possession of spiny 
dogfish in the proposed rule, as recommended by the New England Fishery 
Management Council. Based upon public comments, this final rule changes 
the spiny dogfish possession limit to 5,000 lb (2,268 kg) per trip.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator determined that this rule is consistent 
with the Spiny Dogfish FMP, other provisions of the Magnuson-Stevens 
Act, and other applicable law.
    This action has been determined to be not significant for purposes 
of Executive Order (E.O.) 12866.
    Pursuant to section 604 of the Regulatory Flexibility Act (RFA), 
NMFS has prepared a Final Regulatory Flexibility Analysis (FRFA) in 
support of this action. The FRFA incorporates the Initial Regulatory 
Flexibility Analysis (IRFA), a summary of the significant issues raised 
by the public comments in response to the IRFA, NMFS' response to those 
comments, relevant analyses contained in the action and its EA, and a 
summary of the analyses completed to support the action in this rule. A 
copy of the analyses and the EA are available from the Council (see 
ADDRESSES). A summary of the IRFA was published in the proposed rule 
for this action and is not repeated here. A description of why this 
action was considered, the objectives of, and the legal basis for this 
rule is contained in the preamble to the proposed rule and this final 
rule and is not repeated here.

A Summary of the Significant Issues Raised by the Public in Response to 
the IRFA, a Summary of the Agency's Assessment of Such Issues, and 
Statement of Any Changes Made in the Proposed Rule as a Result of Such 
Comments

    A total of 29 comments were received on the proposed rule. For a 
summary of

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the comments, and NMFS' responses, see the Comments and Responses 
section above. The comments did not raise any issues or concerns 
related to the IRFA specifically. However, a number of commenters 
argued that the proposed unlimited possession of spiny dogfish could 
result in minor negative economic impacts. Based upon public comments, 
NMFS changed the possession limit from the proposed rule, and is 
increasing the trip limit only slightly (from 4,000 lb (1,812 kg) to 
5,000 lb (2,268 kg)) in this final rule.

Description and Estimate of Number of Small Entities to Which the Rule 
Would Apply

    This rule would impact fishing vessels that land spiny dogfish. In 
2012, 2,666 commercial fishing vessels held spiny dogfish permits. 
However, not all of those vessels are active participants in the 
fishery; only 489 vessels landed spiny dogfish in 2012. Additionally, 
if two or more vessels have identical owners, these vessels are 
considered to be part of the same firm. When permit ownership data are 
considered, in 2012, 1,976 fishing firms held at least one spiny 
dogfish permit. According to the Small Business Administration (SBA), 
firms are classified as finfish or shellfish firms based on the 
activity from which they derive the most revenue. Using the $5.5M 
cutoff for shellfish firms (NAICS 114112) and the $20.5M cutoff for 
finfish firms (NAICS 114111), there are 1,953 directly regulated small 
entities and 23 directly regulated large entities. There are 488 active 
fishing firms, of which 482 are small entities and 6 are large 
entities. On average, for small entities, spiny dogfish is responsible 
for a small fraction of landings, and active participants derive a 
small share of gross receipts from the spiny dogfish fishery. While all 
1,953 directly regulated small entities would be affected by these 
specifications, many of these small entities do not currently 
participate in this fishery and would be likely to experience only 
negligible economic impacts, if any.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    This action does not introduce any new reporting, recordkeeping, or 
other compliance requirements. This rule does not duplicate, overlap, 
or conflict with other Federal rules.

Description of the Steps the Agency Has Taken to Minimize the 
Significant Economic Impact on Small Entities Consistent With the 
Stated Objectives of Applicable Statutes

    Three spiny dogfish management alternatives were analyzed for each 
year, 2014 and 2015. As described in the EA for this action (see 
ADDRESSES), Alternative 1 represents the Mid-Atlantic Council's 
recommended revised quotas and trip limits, Alternative 2 represents 
the New England Council's recommended revised quotas and trip limits, 
and Alternative 3 represents the no action quotas and trip limits for 
2014 and 2015. While both Councils recommended the same revised ACLs 
and commercial quotas in Alternatives 1 and 2, as described above, the 
Mid-Atlantic Council recommended a 4,000-lb (1,814-kg) trip limit and 
the New England Council recommended an unlimited trip limit. The no 
action alternative (Alternative 3) includes lower ACLs and commercial 
quotas than the other two alternatives, and maintains a 4,000-lb 
(1,814-kg) trip limit, reflecting the final 2013-2015 spiny dogfish 
specifications implemented by NMFS on May 1, 2013 (78 FR 25862).
    According to the analysis in the EA (see ADDRESSES), all of the 
alternatives under consideration in this action are expected to result 
in positive economic impacts. Alternatives 1 and 2 would increase the 
maximum potential landings for the spiny dogfish fishery during 2014 
and 2015, as compared to Alternative 3. However, the commercial quotas 
in all three alternatives are higher than realized spiny dogfish 
landings during recent fishing years. In the 2013 fishing year, which 
ended on April 30, 2014, the spiny dogfish fishery landed only about 39 
percent of its 40.842-million lb (18,526-mt) quota (refer to landings 
data at www.nero.noaa.gov), largely due to market issues and declines 
in demand in the primary export markets. Total spiny dogfish revenue 
from the 2012 fishing year was reported as $5.3 million, reflecting an 
average price of $0.20 per lb. The commercial quotas in Alternatives 1 
and 2, if fully utilized, would correspond to approximately $9.9 
million in potential revenue, whereas, the lower commercial quota in 
Alternative 3 would correspond to approximately $7.9 million in 
potential revenue.
    Trip limits influence the rate of landings across the fishing year, 
and are not expected to result in direct positive or negative economic 
impacts on the fishery as a whole. While different trip limit 
alternatives may affect trip-level revenues, and have variable, short-
term effects on price, total spiny dogfish revenues will still be 
largely influenced by the quota. The final trip limit implemented by 
this rule (5,000 lb (2,268 kg)) is a change from the proposed rule 
(unlimited possession) and acknowledges some of the potential minor 
economic impacts of unlimited possession, as described in the public 
comments (see Comments and Responses). Additionally, the Commission and 
individual states may implement various spiny dogfish trip limits in 
their state waters (current trip limits range from 4,000 lb (1,814 kg) 
to 10,000 lb (4,536 kg) per trip), which would effectively limit the 
allowable possession of spiny dogfish by Federal permit holders.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: August 4, 2014.
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 648 is amended 
as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq.

0
2. In Sec.  648.235, revise paragraph (a)(1) to read as follows:


Sec.  648.235  Spiny dogfish possession and landing restrictions.

    (a) * * *
    (1) Possess up to 5,000 lb (2,268 kg) of spiny dogfish per trip; 
and
* * * * *
[FR Doc. 2014-18817 Filed 8-5-14; 4:15 pm]
BILLING CODE 3510-22-P