[Federal Register Volume 88, Number 85 (Wednesday, May 3, 2023)]
[Rules and Regulations]
[Pages 27709-27710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09391]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 230427-0114]
RTID 0648-XC715


Fisheries of the Northeastern United States; Atlantic Spiny 
Dogfish Fishery; 2023 Specifications

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

ACTION: Final rule.

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SUMMARY: NMFS issues final specifications for the 2023 Atlantic spiny 
dogfish fishery, as recommended by the Mid-Atlantic and New England 
Fishery Management Councils. This action is necessary to establish 
allowable harvest levels for the spiny dogfish fishery to prevent 
overfishing while enabling optimum yield, using the best scientific 
information available.

DATES: Effective on May 1, 2023.

ADDRESSES: The Mid-Atlantic Fishery Management Council prepared an 
environmental assessment (EA) for these specifications that describes 
the action, other considered alternatives, and analyses of the impacts 
of all alternatives. Copies of the specifications document, including 
the EA, 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/action-archive.

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 fishery management plan. The Federal FMP requires 
the specification of an acceptable biological catch (ABC), annual catch 
limit (ACL), annual catch target (ACT), total allowable landings (TAL), 
and a coastwide commercial quota. These limits and other related 
management measures may be set for up to 5 fishing years at a time, 
with each fishing year running from May 1 through April 30. This action 
implements Atlantic spiny dogfish specifications for fishing year 2023, 
as recommended by the Councils and Commission.
    In response to declining trends in stock biomass and productivity 
shown in a 2022 data update, the Mid-Atlantic Council's Scientific and 
Statistical Committee (SSC) recommended a 2023 ABC of 7,788 mt, a 55-
percent decrease from fishing year 2022. Preliminary indications from 
the December 2022 Atlantic spiny dogfish research track assessment 
support the SSC's recommendations. Both the Mid-Atlantic and New 
England Councils accepted the SSC's recommended ABC, and recommended 
the subsequent catch limits in accordance with the specifications 
process, including a coast-wide commercial quota of 5,449 mt; a 59-
percent decrease from fishing year 2022. Neither Council recommended 
any changes to other management measures, such as trip limits.
    The proposed rule for this action published in the Federal Register 
on March 9, 2023 (88 FR 14590), and comments were accepted through 
March 24, 2023. NMFS received 18 comments from the public, and no 
changes were made to the final rule because 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 Specifications

    This action implements the Councils' recommendations for 2023 
Atlantic spiny dogfish specifications (Table 1), which are consistent 
with the Mid-Atlantic SSC's recommendations and the best available 
science. These final specifications decrease the ABC by 55 percent from 
fishing year 2022 and coastwide commercial quota by 59 percent, based 
on declining trends in stock biomass and productivity. This action 
makes no changes to the 7,500-lb (3,402-kg) trip limit.

  Table 1--Final Spiny Dogfish Fishery Specifications for Fishing Year
                                  2023
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                                                     Million     Metric
                                                        lb        tons
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ABC...............................................      17.17      7,788
ACL = ACT.........................................      17.09      7,751
TAL...............................................      12.48      5,663

[[Page 27710]]

 
Commercial Quota..................................      12.01      5,449
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    The reduction in commercial quota is not expected to substantially 
change overall fishing activity, or result in catch overages or revenue 
losses in the spiny dogfish fishery. In recent years, the spiny dogfish 
quotas have not constrained landings in the fishery, and even with a 
59-percent decrease the 2023 commercial quota will still be higher than 
the total annual landings in fishing year 2021. There is a 2023 
management track stock assessment for Atlantic spiny dogfish that is 
expected to inform development of the next set of specifications for 
fishing year 2024.

Comments and Responses

    The public comment period for the proposed rule ended on March 24, 
2023, and NMFS received 18 comments from the public. No changes were 
made to the final rule as a result of these comments.
    Comment 1: Twelve comments did not support the proposed decrease in 
2023 commercial quota. Six of these comments simply opposed this 
action, and expressed reservations about the data used to determine 
that the stock is declining, because many fishing vessels regularly 
encounter high numbers of dogfish. They also mentioned that dogfish 
should continue to be fished, because they are a predator of more 
valuable fish. Four of these commenters were also specifically 
concerned about the effect that the reduction in quota may have on the 
few remaining processors that accept spiny dogfish, and that the 
industry itself (and not the stock) is at risk. Two of these comments 
also mentioned that managers should focus on the potential negative 
effects of wind farm development, because it could be affecting the 
dogfish stock more than fishing pressure.
    Response: These specifications are based on the best available 
science, and impacts to industry or from offshore wind were discussed 
throughout the development of this action and analyzed in the EA for 
this action. As noted in the proposed rule and this final rule, 
although these specifications substantially reduce the annual quota, 
there are no substantial impacts expected to fishing behavior overall 
as a result of this reduction.
    Comment 2: One commenter suggested that fishing behavior is 
impacted more by weather and market price than by quotas, so we should 
not compare quotas to annual landings.
    Response: NMFS recognizes that there are other factors that may 
impact fishing behavior more than annual quotas, but is adjusting 
measures within and in accordance with the FMP, as appropriate, to 
prevent overfishing of the spiny dogfish stock.
    Comment 3: Another commenter recommended reducing trip limits 
instead of the coastwide quota to better address fishing pressure on 
the stock.
    Response: NMFS is adjusting the quota as described in the FMP 
specifications process based on the reduced ABC recommended by the Mid-
Atlantic SSC to prevent overfishing of the stock. There has also been 
no substantial impact on fishing effort resulting from the trip limit 
increase in fishing year 2022.
    Comment 4: Three comments were in support of this action as 
proposed, noting the need to protect the declining stock and 
acknowledging that the economic impacts of the quota reduction are 
expected to be minimal due to the comparatively low annual landings in 
recent years.
    Response: NMFS agrees and is implementing the 2023 specifications 
as proposed.
    Comment 5: One comment expressed concern about the overfishing of 
spiny dogfish, while also opposing this action in its entirety. 
However, no explanation or rationale was provided for the opposition to 
this action.
    Response: The specifications in this final rule were developed and 
proposed to prevent overfishing on the spiny dogfish stock. NMFS is 
unable to respond further to this comment, as no specific reasons were 
given for the opposition to this action.

Changes From the Proposed Rule

    There are no 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, the Magnuson-Stevens 
Act, and other applicable law.
    The need to implement these measures in a timely manner to ensure 
that these final specifications are in place for the start of the 2023 
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 the 
effective date of this action. The 2023 fishing year begins on May 1, 
2023. A delay in the date of effectiveness beyond May 1 would be 
contrary to the public interest as it could create confusion in the 
spiny dogfish industry around current quotas, and with state agencies 
as they prepare their annual management measures. Furthermore, 
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, spiny dogfish fishing vessels will 
not have to purchase new equipment or otherwise expend time or money to 
comply with these management measures. Rather, complying with this 
final rule simply means adhering to the new catch limits set for the 
2023 fishing year. Fishery stakeholders have also been involved in the 
development of this action and are anticipating this rule. For these 
reasons, there is good cause not to delay this final rule's 
effectiveness, consistent with 5 U.S.C. 553(d)(3), and to implement 
this action on May 1, 2023, for the start of the 2023 fishing year.
    This final rule is not subject to review under Executive Order 
12866 because the action contains no implementing regulations.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration at 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.

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

    Dated: April 27, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2023-09391 Filed 5-1-23; 8:45 am]
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