Rule2024-22373
Fisheries of the Northeastern United States; Atlantic Spiny Dogfish Fishery; Extension of 2024 Specifications Emergency Measures
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
September 30, 2024
Effective
November 18, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This emergency action extends the 2024 emergency action specifications for the spiny dogfish fishery through the remainder of the 2024 fishing year and implements an accountability measure consistent with the regulations implementing the Spiny Dogfish Fishery Management Plan. This action is necessary to maintain allowable harvest levels for the spiny dogfish fishery to prevent overfishing while minimizing adverse economic impacts on fishing communities, using the best scientific information available.
Full Text
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<title>Federal Register, Volume 89 Issue 189 (Monday, September 30, 2024)</title>
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[Federal Register Volume 89, Number 189 (Monday, September 30, 2024)]
[Rules and Regulations]
[Pages 79452-79454]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22373]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 240514-0138; RTID 0648-XE252]
Fisheries of the Northeastern United States; Atlantic Spiny
Dogfish Fishery; Extension of 2024 Specifications Emergency Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; emergency action extended.
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SUMMARY: This emergency action extends the 2024 emergency action
specifications for the spiny dogfish fishery through the remainder of
the 2024 fishing year and implements an accountability measure
consistent with the regulations implementing the Spiny Dogfish Fishery
Management Plan. This action is necessary to maintain allowable harvest
levels for the spiny dogfish fishery to prevent overfishing while
minimizing adverse economic impacts on fishing communities, using the
best scientific information available.
DATES: Effective November 18, 2024, through April 30, 2025.
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: Laura Deighan, Fishery Policy Analyst,
(978) 281-9184, <a href="/cdn-cgi/l/email-protection#204c415552410e4445494748414e604e4f41410e474f56"><span class="__cf_email__" data-cfemail="cca0adb9beade2a8a9a5aba4ada28ca2a3adade2aba3ba">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The implementing regulations for the Atlantic Spiny Dogfish Fishery
Management Plan (FMP) are found at 50 CFR part 648 subpart L, and
require the specification of regulatory harvest limits, including an
acceptable biological catch (ABC), annual catch limit (ACL), annual
catch target (ACT), total allowable landings (TAL), and a coastwide
commercial quota, with each fishing year running from May 1 through
April 30. Under the authority of section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act), NMFS
issued a temporary emergency rule to implement spiny dogfish
specifications for the first 6 months of the 2024 fishing year on May
22, 2024 (89 FR 44924), and took public comment on the emergency rule
through June 21, 2024. The Federal Register notification on the
emergency rule (89 FR 44926) indicated that ``[a]fter considering
public comments on this rule, NMFS may extend the interim measures for
one additional period of not more than 186 days to maintain these
measures for the remainder of the 2024 fishing year.'' The emergency
rule set the ABC equal to the overfishing limit (OFL) of 7,818 mt
(17.24 million lb), used the Monitoring Committee's recommended model-
based values for discards, and accounted for expected recreational
landings, resulting in a commercial quota of 5,140 mt (11.33 million
lb).
The Mid-Atlantic and New England Fishery Management Councils
(Councils) jointly manage the Atlantic Spiny Dogfish FMP, with the Mid-
Atlantic Council acting as the administrative lead. NMFS was unable to
approve the Councils' recommended 2024 specifications because they
relied on a discard estimate that violated National Standard 2, which
requires management measures to be based on the best available science.
Given significant concerns raised by the fishing industry about the
risk to the associated fishing communities if the
[[Page 79453]]
commercial quota were substantially reduced, NMFS took emergency action
to set the 2024 spiny dogfish specifications at levels higher than the
Scientific and Statistical Committee (SSC) and Monitoring Committee
recommendation for 2024. NMFS set the 2024 specifications with the ABC
equal to the OFL, resulting in no more than a 50-percent chance of
overfishing, consistent with National Standard 1. These specifications
resulted in a higher commercial quota when using the model-based
discard estimate, which is considered the best scientific information
available. The emergency rule responded to concerns under National
Standard 8 regarding the ability of the dogfish industry, and the
communities that depend upon it, to continue to participate in the
fishery while remaining consistent with the provisions of National
Standard 1, that we prevent overfishing, and National Standard 2, that
we base management measures on the best scientific information
available. The Federal Register notification for the original emergency
more fully describes the rationale for this action.
The 2023 ACL was 7,751 mt (17.09 million lb), and data on the
dogfish fishery's performance in fishing year 2023 became available
after the publication of the initial emergency rule. Final catch
information indicate that total dead catch in fishing year 2023,
including Federal commercial, state-only commercial, and recreational
landings and estimated dead discards, was 8,243 mt (18.17 million lb).
This represents a fishing year 2023 ACL overage of 491 mt (1.08 million
lb). The spiny dogfish regulations at 50 CFR 648.233(c) require a
deduction of the exact amount of the ACL overage, by weight, from a
subsequent single-fishing-year ACL, as soon as possible. This action
extends the emergency specifications through the end of the 2024
fishing year and reduces the remaining ACL and commercial quota to
account for the 2023 ACL overage, as required by the regulations. We
could not have included this adjustment in the initial emergency rule
because complete data on fishing year 2023 were not yet available when
that rule was promulgated.
The emergency measures will expire on November 18, 2024, under the
Magnuson-Stevens Act's initial 180-day limit on the duration of an
emergency action. The Magnuson-Stevens Act allows an extension of
emergency actions for up to 186 days, provided that the public had an
opportunity to comment on the emergency action and, for Council-
recommended actions, the Council is actively preparing measures to
address the emergency. We will consider the Councils' recommended
specifications for 2025 and 2026 in subsequent rulemakings. This
emergency action is intended to provide a 1-year bridge, with a
slightly higher risk of overfishing (i.e., 50 percent, versus the
Council-recommended 46 percent) on a stock above its biomass target, to
mitigate the potential long-term adverse economic and social impact
should the fishery lose access to its sole remaining commercial
processor.
Extending the emergency action prevents the spiny dogfish fishery
from reverting to the 2023 specifications that would be in place
through a rollover provision when the emergency action expires. The
underlying emergency conditions have not changed. The 2023
specifications included a higher ABC and commercial quota, which are
not consistent with the best available scientific information to
prevent overfishing with at least a 50-percent probability. Reverting
to the 2023 specifications would result in an increased risk of
overfishing. Fishing vessel owners and operators have changed their
fishing behavior in anticipation of the emergency action's continuation
through the end of the fishing year. Therefore, we are extending the
emergency measures through the end of the 2024 fishing year (April 30,
2025). For the same reasons noted in the May 22, 2024, emergency rule,
NMFS has determined that extending the emergency action to maintain the
2024 specifications through the end of the fishing year meets the
criteria for emergency action.
Application of Accountability Measure for 2023 Overage
This action will extend the 2024 specifications through the end of
the fishing year on April 30, 2025, and will reduce the ACL and
commercial quota to pay back an ACL overage in fishing year 2023. By
operation of the spiny dogfish accountability measures, a payback for
an overage must occur ``as soon as possible from a subsequent single
fishing year ACL.'' (50 CFR 648.233(c)). The initial emergency rule set
the 2024 ACL at 7,782 mt (17.16 million lb) and the commercial quota at
5,140 mt (11.33 million lb). When accounting for the 491 mt (1.08
million lb) overage in fishing year 2023, this results in an updated
ACL of 7,291 mt (16.07 million lb) and a commercial quota of 4,649 mt
(10.25 million lb) for fishing year 2024 (table 1).
Table 1--Updated Atlantic Spiny Dogfish Specifications for FY2024
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Adjusted specifications Initial specifications
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lb mt lb mt
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OFL............................................. 17,235,719 7,818 17,235,719 7,818
ABC............................................. 17,235,719 7,818 17,235,719 7,818
Canadian Landings............................... 79,366 36 79,366 36
Domestic ABC.................................... 17,156,353 7,782 17,156,353 7,782
ACL Reduction (FY2023 Overage).................. 1,082,487 491 .............. ..............
ACL............................................. 16,073,866 7,291 17,156,353 7,782
Management Uncertainty Buffer................... 0 0 0 0
Amount of buffer................................ 0 0 0 0
ACT............................................. 16,073,866 7,291 17,156,353 7,782
U.S. Discards *................................. 5,577,689 2,530 5,577,689 2,530
TAL............................................. 10,496,177 4,761 11,578,664 5,252
U.S. Recreational Landings...................... 246,917 112 246,917 112
Commercial Quota................................ 10,249,260 4,649 11,331,747 5,140
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* This table corrects a typographical error in the U.S. discards, which was published as 5,577,698 lb in the
initial emergency rule.
[[Page 79454]]
Comments and Responses
The public comment period for the original emergency rule ended on
June 21, 2024, and NMFS did not receive any comments from the public.
Classification
The Assistant Administrator for Fisheries, NOAA, has determined
that this rule is necessary to respond to an emergency situation and is
consistent with the national standards and other provisions of the
Magnuson-Stevens Act and other applicable laws.
The Assistant Administrator for Fisheries, NOAA, finds good cause
under the authority contained in 5 U.S.C. 553(b)(B) that it is contrary
to the public interest and impracticable to provide prior notice and
opportunity for the public to comment. As more fully explained above,
the reasons justifying promulgation of this action on an emergency
basis, coupled with the fact that the public has had the opportunity to
comment on NMFS' emergency action that this is extending, make
solicitation of public comment unnecessary, impractical, and contrary
to the public interest. In the interest of receiving public input on
this action, the EA analyzing the impacts of this action was made
available to the public and the original emergency action solicited
public comment.
This action is being taken pursuant to the emergency provision of
the Magnuson-Stevens Act and is exempt from review by the Office of
Management and Budget.
The analytical requirements of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) are inapplicable to this emergency rule extension
because notice and opportunity for comment are not required pursuant to
5 U.S.C. 553 or any other law. Therefore, a regulatory flexibility
analysis is not required, and none has been prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 20, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2024-22373 Filed 9-27-24; 8:45 am]
BILLING CODE 3510-22-P
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