[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)]
[Rules and Regulations]
[Pages 53958-53960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19342]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 160301165-6692-02]
RIN 0648-BF88


Fisheries of the Northeastern United States; Spiny Dogfish 
Fishery; 2016-2018 Specifications

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

ACTION: Final rule.

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SUMMARY: This final rule implements catch limits, commercial quotas, 
and possession limits for the spiny dogfish fishery for fishing years 
2016-2018. This action reduces catch limits for fishing years 2016-
2018, but increases the spiny dogfish trip limit. This action is 
necessary to ensure that overfishing does not occur and is intended to 
help the spiny dogfish fishery better achieve optimum yield.

DATES: Effective on August 15, 2016.

ADDRESSES: Copies of the specifications, including the Environmental 
Assessment and Regulatory Impact Review (EA/RIR), 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 framework is also accessible 
via the Internet at: http://www.greateratlantic.fisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: William Whitmore, Fishery Policy 
Analyst, (978) 281-9182.

SUPPLEMENTARY INFORMATION: 

Background

    The Atlantic spiny dogfish (Squalus acanthias) fishery is jointly 
managed by the New England and Mid-Atlantic Fishery Management Councils 
through the Spiny Dogfish Fishery Management Plan (FMP). The Atlantic 
States Marine Fisheries Commission also manages the spiny dogfish 
fishery in state waters from Maine to North Carolina through an 
interstate plan. Additional information on the FMP is available at 
http://www.mafmc.org/fisheries/fmp/dogfish. Information on the 
interstate FMP can be reviewed at http://www.asmfc.org/species/spiny-dogfish.
    On June 22, 2016, we proposed new spiny dogfish specifications (81 
FR 40650), which include catch limits, commercial quotas, and 
possession limits for fishing years 2016-2018. Additional information 
on how specifications are set can be reviewed through the FMP links 
provided above or the proposed rule for this action.

Fishing Year 2016-2018 Specifications

    We are implementing the acceptable biological catch (ABC) and 
annual catch limits (ACLs) outlined in our proposed rule (see Table 1 
below).

            Table 1--2016-2018 ACL and Commercial Quota Specifications for the Spiny Dogfish Fishery
----------------------------------------------------------------------------------------------------------------
                                                                    Commercial      Commercial      Change from
          Fishing year               ACL (lb)        ACL (mt)       quota (lb)      quota (mt)    2015 (percent)
----------------------------------------------------------------------------------------------------------------
2016............................      51,923,272          23,552      40,360,761          18,307             -20
2017............................      50,662,228          22,980      39,099,717          17,735             -23
2018............................      49,758,333          22,570      38,195,822          17,325             -25
----------------------------------------------------------------------------------------------------------------

    Although the stock remains healthy and is not overfished or subject 
to overfishing, the survey index of spawning stock biomass has recently 
decreased. This decline was not unexpected and is primarily due to (1) 
high variance in the survey, and (2) poor spiny dogfish pup production 
(i.e., recruitment to the dogfish stock). These specifications are 
consistent with the best scientific information available and the 
Council's and their Scientific and Statistical Committee 
recommendations. Additional information that explains the status of the 
spiny dogfish stock and describes the 2016-2018 catch limits is 
available in the proposed rule and is not repeated here.

Trip Limit Increase

    We are approving a trip limit increase from 5,000 lb (2,268 kg) to 
6,000 lb (2,722 kg). Because of the proposed harvest reductions (see 
Table 1), the Councils initially recommended maintaining the current 
spiny dogfish trip limit of 5,000 lb (2,268 kg). However, after 
recognizing that the reduced 2016-2018 quotas are still significantly 
higher than landings in recent years, both Councils and the Commission 
requested that we increase the trip limit to 6,000 lb (2,722 kg). We 
specifically solicited public comment on this request in the proposed 
rule (81 FR 40650; June 22, 2016). We received several comments in 
support of the trip limit increase. There were two comments opposed to 
a trip limit increase that provided no specific detail on why the 
increase would be harmful. Considering this, and understanding that the 
stock remains healthy, underharvested, and has in place rigid 
management controls to prevent exceeding the commercial quota, we have 
elected to increase the trip limit.

Comments and Responses

    We received five public comments on the proposed rule during the 
15-day comment period.
    Comment 1: Two commenters suggested that the trip limit should be 
reduced to protect the stock and prevent the fishery from becoming 
overfished.
    Response 1: As explained in the proposed rule, the ACLs are being 
reduced in response to a recent stock assessment update that shows 
anticipated declines in stock size following a few years of lower pup 
production. Despite the reduced ACLs, the fishery is not considered 
overfished or subject to overfishing. The FMP provides authority to 
close the fishery if the commercial quota will be reached as well as a 
pound-for-pound overage repayment system should catch in any one year 
exceed the established quota. Female spawning stock biomass is 6 
percent above the target maximum sustainable yield biomass proxy of 351 
million lb (159,288 mt). Fishing mortality remains low and the fishery 
is underutilized--it is not at risk of overfishing or becoming 
overfished. As a result, it is not necessary to reduce the trip limit 
to keep the fishery within its catch limits. Should the increased trip 
limits result in higher harvests than recent years, appropriate 
management tools are available to prevent overharvesting. In addition, 
decreasing the trip limit would make it less likely that the fishery 
could achieve optimum yield.
    Comment 2: Both Councils and Massachusetts Division of Marine

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Fisheries requested that we increase the spiny dogfish trip limit.
    Response 2: We agree. This healthy stock remains greatly 
underutilized. Increasing the trip limit provides an opportunity for 
the fishery to better harvest optimum yield and provide increased 
revenue. For these reasons, in addition to those detailed above, we are 
increasing the trip limit.

Classification

    The Administrator, Greater Atlantic Region, NMFS, determined that 
the 2016-2018 specifications to the FMP are necessary for the 
conservation and management of the spiny dogfish fishery and that it is 
consistent with the Magnuson-Stevens Fishery Conservation and 
Management Act and other applicable laws.
    There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day 
delay in effective date. Maintaining the 30-day delay in effective date 
is contrary to the public interest for several reasons. First, 
increasing the dogfish possession limit from 5,000 lb (2,268 kg) to 
6,000 lb (2722 kg) will enhance fishing opportunities and the change is 
anticipated to increase landings and associated fishing revenue for 
members of the fishing industry. Therefore, this final rule relieves an 
economic hardship while allowing the fishery to more effectively 
achieve optimum yield. Delaying this action for 30 days would result in 
foregone economic benefits that could not be recovered. Second, the 
Mid-Atlantic Fishery Management Council did not submit these 
Specifications and the accompanying environmental assessment until 
March 11, 2016, making it virtually impossible to solicit public 
comment through a proposed rule and implement a final rule prior to the 
start of the fishing year, which began on May 1, 2016. Therefore, this 
delay has already resulted in missed fishing opportunities and revenue 
for fishermen and implementation should not be further delayed. Third, 
keeping an unnecessarily restrictive possession limit would result in 
fishermen wastefully discarding fish that could have been retained with 
the higher possession limit approved under this rule. Maintaining the 
lower catch limit and requiring unnecessary discarding contradicts the 
best available science and would prevent the fishery from achieving 
optimum yield. Lastly, because this rule imposes no further 
restrictions on the fishery that would alter existing fishing practices 
or require affected entities to acquire additional equipment, there is 
no need to delay implementation of this action to provide affected 
entities additional time to prepare for or comply with the 
implementation of this action. For these reasons, a 30-day delay in 
effective date is both contrary to the public interest and unnecessary.
    This final rule has been determined to be not significant for the 
purpose of E.O. 12866.
    A final regulatory flexibility analysis (FRFA) was prepared. 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, and NMFS responses to those comments. A copy of 
this analysis is available (see ADDRESSES).

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 a 
Statement of Any Changes Made in the Final Rule as a Result of Such 
Comments

    A description of the final rule, why it is being considered, and 
the legal basis for this rule were contained in the preamble of the 
proposed rule for this action (81 FR 40650; June 22, 2016) and are not 
repeated here. The public did not provide any comments on the IRFA; 
therefore, there are no changes made in this final rule with regards to 
the economic analyses and impacts.

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

    This final rule would affect fishing vessels, including commercial 
fishing entities. In 2014, there were 2,473 vessels that held an open 
access spiny dogfish permit. Cross-referencing those permits with 
vessel ownership data revealed that 1,830 business entities owned those 
vessels.
    On December 29, 2015, NMFS issued a final rule establishing a small 
business size standard of $11 million in annual gross receipts for all 
businesses primarily engaged in the commercial fishing industry (NAICS 
11411) for Regulatory Flexibility Act compliance purposes (80 FR 
81194). The $11 million standard became effective on July 1, 2016, and 
is to be used in place of the U.S. Small Business Administration's 
(SBA) previous standards of $20.5 million, $5.5 million, and $7.5 
million for the finfish (NAICS 114111), shellfish (NAICS 114112), and 
other marine fishing (NAICS 114119) sectors, respectively, of the U.S. 
commercial fishing industry.
    An IRFA was developed for this regulatory action prior to July 1, 
2016, using SBA's previous size standards. Under the SBA's size 
standards, 18 of the 1,830 (about 1 percent) spiny dogfish fishing 
entities were determined to be large. Of the 1,812 entities deemed to 
be small business entities by the SBA criteria, 570 were finfish, 580 
were shellfish, and 244 were for-hire small entities. Further, 418 
small entities had no revenue in 2014.
    NMFS has qualitatively reviewed the analyses prepared for this 
final rule using the new size standard. The new standard could result 
in a few more commercial shellfish businesses being considered small 
(due to the increase in small business size standards). In addition, 
the new standard could result in fewer commercial finfish businesses 
being considered small (due to the decrease in size standards). On 
average, for small entities, spiny dogfish is responsible for a small 
fraction of total landings, and active participants derive a small 
share of gross receipts from the spiny dogfish fishery. As a result, it 
is unlikely that these size-standard changes would have any impact on 
the previously conducted analyses.

Description of the Projected Reporting, Record-Keeping, and Other 
Compliance Requirements of This Final Rule

    This final rule does not introduce any new reporting, 
recordkeeping, or other compliance requirements.

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

    These specifications include management measure alternatives for 
(1) the spiny dogfish ACLs and associated commercial quotas, and (2) 
spiny dogfish trip limits.
    We do not anticipate any significant economic impacts on small 
entities to result from this action. While there is an overall 
reduction in the ACLs, analyses for this action indicate that spiny 
dogfish landings have been substantially less than the specifications 
we are approving for fishing years 2016-2018. It is unlikely that 
potential revenue losses would be directly equal to with the ACL 
reductions. By contrast, maintaining the status quo ACL is inconsistent 
with the stated objectives because it does not represent the best 
available science or the goals and objectives of the FMP.
    Regarding spiny dogfish trip limits, this final rule increases trip 
limits from 5,000 lb (2,268 kg) to 6,000 lb (2,722 kg). In general, 
higher trip limits could result in greater immediate revenue per trip. 
There is some risk that increasing trip limits could increase the 
potential

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for an abbreviated season if the quota or processing capacity is 
reached. Also, it is possible that a large trip limit increase could 
lower ex-vessel prices and/or make prices more unstable. Given the low 
overall demand for spiny dogfish, trip limits may not have a large 
effect on overall revenue across the fishery. Therefore, increasing the 
trip limit may help minimize economic impacts, but only if prices 
remain relatively stable and demand increases.
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, a letter to permit holders that also serves as 
small entity compliance guide was prepared. Copies of this final rule 
are available from the Greater Atlantic Regional Fisheries Office 
(GARFO), and the compliance guide, i.e., permit holder letter, will be 
sent to all holders of permits for the skate fishery. The guide and 
this final rule will be posted or publically available on the GARFO Web 
site (see ADDRESSES).

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: August 9, 2016.
Paul Doremus,
Deputy Assistant Administrator for Operations, 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 6,000 lb (2,722 kg) of spiny dogfish per trip; 
and
* * * * *
[FR Doc. 2016-19342 Filed 8-12-16; 8:45 am]
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