Proposed Rule2022-04042
Fisheries of the Northeastern United States; Atlantic Spiny Dogfish Fishery; 2022 Specifications and Trip Limit Adjustment
Primary source
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Published
February 25, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes 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 rulemaking also informs the public of the proposed fishery action and provides an opportunity for comment.
Full Text
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<title>Federal Register, Volume 87 Issue 38 (Friday, February 25, 2022)</title>
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[Federal Register Volume 87, Number 38 (Friday, February 25, 2022)]
[Proposed Rules]
[Pages 10762-10763]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04042]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 220222-0052]
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: Proposed rule; request for comments.
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SUMMARY: NMFS proposes 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 rulemaking also informs the public of the proposed
fishery action and provides an opportunity for comment.
DATES: Comments must be received by March 14, 2022.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2022-0008, by the following method:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal.
1. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, and enter ``NOAA-NMFS-2022-
0008'' in the Search box;
2. Click the ``Comment'' icon, complete the required fields; and
3. Enter or attach your comments.
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 a part of the
public record and will generally be posted for public viewing on
<a href="http://www.regulations.gov">www.regulations.gov</a> 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). If you are unable to submit your comment through
<a href="http://www.regulations.gov">www.regulations.gov</a>, contact Cynthia Ferrio, Fishery Policy Analyst,
<a href="/cdn-cgi/l/email-protection#4f0c36213b27262e61092a3d3d26200f21202e2e61282039"><span class="__cf_email__" data-cfemail="3e7d47504a56575f10785b4c4c57517e50515f5f10595148">[email protected]</span></a>.
Copies of the Supplemental Information Report (SIR) 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 <a href="http://www.mafmc.org/supporting-documents">http://www.mafmc.org/supporting-documents</a>.
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 five fishing years at a time,
with each fishing year running from May 1 through April 30. This action
proposes 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 2021 trawl survey conducted by the Northeast Fisheries Science
Center showed little change from recent years in the spiny dogfish
stock. As a result, the Mid-Atlantic Council's Scientific and
Statistical Committee (SSC), the Spiny Dogfish Monitoring Committee,
and the Joint Spiny Dogfish Committee (which includes members from both
Councils) all agreed that no changes are necessary to the previously-
projected specifications for fishing year 2022. Upon review, both
Councils also recommended status quo catch specifications for 2022.
During meetings of the Spiny Dogfish Advisory Panel and Committees
in 2021, industry representatives requested an increase in the federal
commercial trip limit as a way to provide more economic stability and
opportunity to fully achieve the commercial quotas provided to the
fishery. The commercial fishery has consistently harvested less than 60
percent of the coastwide quota in the past five years (with one
exception in 2019 when there was a substantially smaller quota).
Changes to the trip limit have been considered in recent years without
action to this point. The different management committees decided that
a moderate increase of 25 percent could provide the requested
flexibility and opportunity while minimizing risk of negative impacts
to the resource or markets. Both Councils reviewed and approved this
decision at their respective meetings in October and December 2021, and
recommended increasing the 6,000-lb (2,722-kg) commercial trip limit to
7,500 lb (3,402 kg) through this proposed action.
Proposed Measures
This action proposes the Councils' recommendations for status quo
2022 spiny dogfish 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. These proposed measures are consistent with the
SSC, Joint Committee, and Monitoring Committee recommendations (Table
1).
[[Page 10763]]
Table 1--Proposed Status Quo Spiny Dogfish Fishery Specifications for
Fishing Year 2022
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2021-2022
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Million lb Metric tons
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ABC..................................... 38.58 17,498
ACL = ACT............................... 38.48 17,453
TAL..................................... 29.68 13,461
Commercial Quota........................ 29.56 13,408
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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.
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 Atlantic Spiny Dogfish FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
The Councils reviewed the proposed regulations for this action and
deemed them necessary and appropriate to implement consistent with
section 303(c) of the Magnuson-Stevens Act.
This proposed 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 that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The factual basis for this determination is as follows.
The Councils conducted an evaluation of the potential socioeconomic
impacts of the proposed measures in conjunction with a SIR. The
proposed action would maintain status quo specifications for fishing
year 2022, and would increase the vessel possession limit of spiny
dogfish per trip by 25 percent.
This proposed action would affect entities that participate in
commercial spiny dogfish fishing (those that hold commercial spiny
dogfish permits). Vessels may hold multiple fishing permits and some
entities own multiple vessels and/or permits. According to the
Northeast Fisheries Science Center commercial ownership database, 1,934
separate vessels held commercial spiny dogfish permits in 2020, the
most recent year of fully available data. A total of 1,513 commercial
entities owned those permitted vessels, and of those entities, 1,504
are categorized as small businesses, and 9 as large businesses.
The proposed specifications are expected to provide similar fishing
opportunities when compared to the previous fishing year as no annual
catch limits are changing. The trip limit adjustment is expected to
provide increased operational flexibility and opportunity to fully
harvest the coastwide quota without increasing risk to the resource or
substantially changing fishing behavior. Entities issued a commercial
spiny dogfish permit may experience a slight positive impact related to
the potential for higher landings each trip. However, effort in the
fishery remains dependent on market conditions and pricing rather than
management measures such as trip limits. As such, the proposed action
is not expected to have an impact on the way the fishery operates or
the revenue of small entities.
Overall, analyses indicate that the overall economic impact of this
proposed action is expected to be slightly positive, and that these
measures are not expected to substantially change fishing effort, the
risk of overfishing, prices/revenues, or fishery behavior. Therefore,
the Councils concluded, and NMFS agrees, that this action would not
have a significant adverse impact on a substantial number of small
businesses. As a result, an initial regulatory flexibility analysis is
not required and none has been prepared.
This action would not establish any new reporting or record-keeping
requirements.
This proposed rule 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: February 22, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be 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. 2022-04042 Filed 2-24-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on February 25, 2022.
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