[Federal Register Volume 87, Number 67 (Thursday, April 7, 2022)]
[Rules and Regulations]
[Pages 20348-20350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07417]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 220404-0083]
RIN 0648-BL15


Fisheries of the Northeastern United States; Atlantic Spiny 
Dogfish Fishery; 2022 Specifications and Trip Limit Adjustment

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

ACTION: Final rule.

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SUMMARY: NMFS issues final Atlantic spiny dogfish specifications for 
the 2022 fishing year, and an adjustment to the commercial trip limit, 
as recommended by the Mid-Atlantic and New England Fishery Management 
Councils. This action is necessary to establish allowable harvest 
levels and other management measures to prevent overfishing while 
enabling optimum yield, using the best scientific information 
available. This rule also informs the public of the final fishery 2022 
specifications and management measures.

DATES: Effective on May 1, 2022.

ADDRESSES: The Mid-Atlantic Fishery Management Council prepared a 
Supplemental Information Report (SIR) for these specifications that 
describes the action, any changes from the original environmental 
assessment (EA), and analyses for this 2022 specifications trip limit 
adjustment action. Copies of the SIR, original EA, and other supporting 
documents for this action, are available upon 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/supporting-documents.

FOR FURTHER INFORMATION CONTACT: Cynthia Ferrio, Fishery Policy 
Analyst, (978) 281-9180.

SUPPLEMENTARY INFORMATION:

Background

    The Mid-Atlantic and New England Fishery Management Councils 
jointly manage the Atlantic Spiny Dogfish Fishery Management Plan 
(FMP), with the Mid-Atlantic Council acting as the administrative lead. 
Additionally, the Atlantic States Marine Fisheries Commission manages 
the spiny dogfish fishery in state waters from Maine to North Carolina 
through an interstate

[[Page 20349]]

fishery management plan. The Councils' FMP requires the specification 
of regulatory harvest limits, including: An acceptable biological catch 
(ABC); annual catch limit (ACL); annual catch target (ACT); total 
allowable landings value (TAL); and coastwide commercial quota. 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 implements status quo specifications for fishing 
year 2022 and an increased commercial trip limit for the Atlantic spiny 
dogfish fishery, as recommended by the Councils.
    The spiny dogfish fishery is currently operating under multi-year 
specifications for fishing years 2021 and 2022 based on a 2020 
assessment update and the Mid-Atlantic Council's updated risk policy. 
The Councils found no reason to change the previously projected status 
quo specifications for fishing year 2022. However, both Councils did 
recommend an increase to the commercial trip limit based on requests 
from fishery stakeholders to provide more economic stability and 
opportunity to fully achieve the provided commercial quota.
    The proposed rule for this action published in the Federal Register 
on February 25, 2022 (87 FR 10762), and comments were accepted through 
March 14, 2022. NMFS received five comments from the public, and no 
changes to the final rule are necessary as a result of those comments 
(see Comments and Responses for additional detail). Additional 
background information regarding the development of these 
specifications was provided in the proposed rule and is not repeated 
here.

Final Measures

    This action implements the Councils' recommendations for status quo 
2022 spiny dogfish catch limit specifications (Table 1), and a 25-
percent increase to the commercial trip limit from 6,000 lb (2,722 kg) 
per trip to 7,500 lb (3,402 kg) per trip, as outlined in the proposed 
rule.

  Table 1--Final Spiny Dogfish Fishery Specifications for Fishing Year
                                  2022
------------------------------------------------------------------------
                                           Million (lb)    Metric (tons)
------------------------------------------------------------------------
ABC.....................................           38.58          17,498
ACL = ACT...............................           38.48          17,453
TAL.....................................           29.68          13,461
Commercial Quota........................           29.56          13,408
------------------------------------------------------------------------

    There is a research track stock assessment in progress for Atlantic 
spiny dogfish. This assessment is expected to inform development of the 
next set of specifications, beginning in fishing year 2023.

Comments and Responses

    The public comment period for the proposed rule ended on March 14, 
2022, and NMFS received five comments from the public. No changes were 
made to final rule as a result of these comments.
    Two commenters voiced similar concerns with the action, saying that 
increasing the trip limit only benefits the processors but not the 
harvesters. Both were also concerned that a higher limit will cause the 
price per pound to crash and ruin the market for dogfish. Another 
commenter agreed with the first two comments about the potential price 
drop, and also said that the trip limit should remain status quo until 
after the current stock assessment is complete. The fourth comment also 
disagrees with the trip limit increase, because there is no data 
showing that catch rates in the fishery have increased to warrant this 
change. This commenter is concerned that without these data, increasing 
the trip limit will cause a loss of industry jobs.
    These concerns were discussed throughout the development of this 
action and in discussion of trip limit adjustments in recent years. 
There has been support for raising the trip limit from harvesters as 
well as processors during this action's development in 2021 by members 
of the public at meetings of the Advisory Panel, Committee, Atlantic 
Marine Fisheries Commission, and both Councils. Further, an increase of 
25 percent (1,500 lb/680 kg) was recommended as a compromise when 
compared to other suggested alternatives that could have raised the 
limit even more. The change in this action is expected to provide some 
additional flexibility and opportunity to industry, with minimal 
negative impacts on the fishery, market, and other aspects of the human 
environment. Both Councils also plan to reconsider the trip limit after 
the results from the stock assessment become available.
    The final comment was submitted by a college student and is 
primarily a brief history of Atlantic spiny dogfish management. This 
comment supports the action overall, but cautions that economic gain 
should not be valued more highly than the health of the stock. NMFS 
agrees with the sentiments of this comment, and will not implement 
catch limits or management measures that are likely to cause 
overfishing, in accordance with National Standard 1 of the Magnuson-
Stevens Act.

Changes From the Proposed Rule

    NMFS has not made any changes to the proposed regulatory text, and 
there are no substantive changes from the proposed rule.

Classification

    Pursuant to section 304(b)(3) of the Magnuson Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), the NMFS 
Assistant Administrator, Greater Atlantic Region, has determined that 
these final specifications are necessary for the conservation and 
management of the Atlantic spiny dogfish fishery, and that they are 
consistent with the Atlantic Spiny Dogfish FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law.
    The Councils reviewed the regulations for this action and deemed 
them necessary and appropriate to implement consistent with section 
303(c) of the Magnuson-Stevens Act.
    The need to implement these measures in a timely manner to ensure 
that these final specifications and increased trip limit are in place 
for the start of the 2022 spiny dogfish fishing year constitutes good 
cause under the authority contained in 5 U.S.C. 553(d)(3) to waive the 
30-day delay in effective date of this action. The 2022 fishing year 
begins on May 1, 2022. A delay in effectiveness beyond May 1 would be 
contrary to the public interest as it could create confusion in the 
spiny dogfish industry, and cause potential economic harm to the 
fishery through lost opportunity to fish under the higher

[[Page 20350]]

trip limit. NMFS has also received several direct requests from 
industry stakeholders that the higher trip limit be implemented as soon 
as possible, which supports the conclusion that any further delay is 
contrary to public interest.
    Finally, regulated parties do not require any additional time to 
come into compliance with this rule, and thus, a 30-day delay before 
the final rule becomes effective does not provide any benefit. Unlike 
actions that require an adjustment period, vessels fishing for spiny 
dogfish will not have to purchase new equipment or otherwise expend 
time or money to comply with these management measures. Rather, 
complying with this action simply means adhering to the new, increased 
trip limit. Fishery stakeholders have also been involved in the 
development of this action and are anticipating this rule, even 
requesting it be effective as soon as practicable. Therefore, NMFS 
finds good cause not to delay this final rule's effectiveness, 
consistent with 5 U.S.C. 553(d)(3). As a result, there is good cause to 
implement this action on May 1, 2022.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification, and the initial certification remains 
unchanged. As a result, a final regulatory flexibility analysis is not 
required and none was prepared.
    This final rule does not duplicate, conflict, or overlap with any 
existing Federal rules.
    This action contains no information collection requirements under 
the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: April 4, 2022.
Carrie Robinson,
Acting Deputy Assistant Administrator for Regulatory Programs,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 7,500 lb (3,402 kg) of spiny dogfish per trip; 
and
* * * * *
[FR Doc. 2022-07417 Filed 4-6-22; 8:45 am]
BILLING CODE 3510-22-P