Rule2023-09391
Fisheries of the Northeastern United States; Atlantic Spiny Dogfish Fishery; 2023 Specifications
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 3, 2023
Effective
May 1, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 85 (Wednesday, May 3, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.mafmc.org/action-archive">https://www.mafmc.org/action-archive</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 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]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on May 3, 2023.
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