Rule2022-07417
Fisheries of the Northeastern United States; Atlantic Spiny Dogfish Fishery; 2022 Specifications and Trip Limit Adjustment
Primary source
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Published
April 7, 2022
Effective
May 1, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 67 (Thursday, April 7, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.mafmc.org/supporting-documents">https://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
[[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
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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
------------------------------------------------------------------------
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
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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
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</html>Indexed from Federal Register on April 7, 2022.
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