Rule2025-08268
Fisheries of the Northeastern United States; Atlantic Spiny Dogfish Fishery; 2025 Specifications
Primary source
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Published
May 12, 2025
Effective
May 9, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is implementing specifications for the 2025 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 Atlantic 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 90 Issue 90 (Monday, May 12, 2025)</title>
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[Federal Register Volume 90, Number 90 (Monday, May 12, 2025)]
[Rules and Regulations]
[Pages 20128-20131]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08268]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 250506-0079; RTID 0648-XE827]
Fisheries of the Northeastern United States; Atlantic Spiny
Dogfish Fishery; 2025 Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS is implementing specifications for the 2025 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 Atlantic spiny dogfish
fishery to prevent overfishing while enabling optimum yield, using the
best scientific information available.
DATES: Effective May 9, 2025.
ADDRESSES: 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: Laura Deighan, Fishery Policy Analyst,
<a href="/cdn-cgi/l/email-protection#a4e8c5d1d6c58ae0c1cdc3ccc5cae4cacbc5c58ac3cbd2"><span class="__cf_email__" data-cfemail="c38fa2b6b1a2ed87a6aaa4aba2ad83adaca2a2eda4acb5">[email protected]</span></a> or (978) 281-9184.
SUPPLEMENTARY INFORMATION:
Background
The Mid-Atlantic and New England Fishery Management Councils
(collectively, the Councils) jointly manage the Atlantic Spiny Dogfish
Fishery Management Plan (FMP), with the Mid-Atlantic Council serving as
the administrative lead. Additionally, the Atlantic States Marine
Fisheries Commission (Commission) manages the spiny dogfish fishery in
state waters from Maine to North Carolina through a separate,
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
implements Atlantic spiny dogfish specifications for fishing year 2025,
as recommended by the Councils. The Commission voted to implement
complementary specifications on February 4, 2025, during its winter
meeting.
At their respective December 2024 meetings, both Councils voted to
adopt 2025 spiny dogfish specifications using an ABC of 7,626 metric
tons (mt), as provided by the Mid-Atlantic Council's Scientific and
Statistical Committee (SSC) at its November 20, 2024, meeting. The
Councils determined that a 50-percent probability of overfishing (i.e.,
an ABC equal to the overfishing limit (OFL)) was an acceptable level of
risk for the 2025 specifications given: (1) Industry testimony that
reductions in the commercial quota risk the sustainability of the
commercial spiny dogfish industry, and (2) that the stock
[[Page 20129]]
is expected to increase to 113 percent of its biomass target in 2026
(from 101 percent in 2022) under these catch limits. After accounting
for estimated catch from other sources (i.e., Canadian landings,
domestic discards, and recreational landings), this results in a
commercial quota of 4,236 mt. This action includes no changes to other
management measures, such as trip limits.
The proposed rule for this action published in the Federal Register
on March 26, 2025 (90 FR 13724), and comments were accepted through
April 10, 2025. NMFS received seven 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 2025 Specifications
This action implements the Councils' recommendations for the 2025
Atlantic spiny dogfish catch specifications (table 1), which are
consistent with the ABC provided by the Mid-Atlantic Council's SSC in
November and the best available science. The resulting coastwide
commercial quota is 4,236 mt, which is an 18-percent decrease from the
initial 2024 commercial quota. It is a 9-percent decrease from the
current 2024 commercial quota, which was reduced on September 30, 2024,
(89 FR 79452) to account for an ACL overage in 2023. The decrease from
2024 is the result of a higher, corrected 2022 discard estimate;
discards that were higher than expected in 2023; and a more
precautionary discard estimate for 2025. This action makes no changes
to the 7,500-pound (lb; 3,402-kilogram) trip limit.
Table 1--Final 2025 Atlantic Spiny Dogfish Fishery Specifications
------------------------------------------------------------------------
Million Metric
lb tons
------------------------------------------------------------------------
ABC................................................. 16.81 7,626
ACL = ACT........................................... 16.8 7,622
TAL................................................. 9.58 4,347
Commercial Quota.................................... 9.34 4,236
------------------------------------------------------------------------
While these specifications result in a reduction in the commercial
quota, they are based on the highest ABC allowable under the National
Standard 1 requirements that NMFS prevent overfishing with at least a
50-percent probability. The 2025 commercial quota is slightly higher
than landings in recent years (i.e., 8.5 million lb (3,855 mt) in 2023,
with fishing year 2024 catch currently trending lower than that of
2023).
Comments and Responses
The public comment period for the proposed rule ended on April 10,
2025. Four individual members of the public, one non-governmental
organization, and four commercial fishermen commented on the proposed
rule. Three commercial fishermen submitted a single comment, resulting
in seven unique comments. One comment from a member of the public was
not germane to this action, and one comment from a member of the public
did not provide sufficient context and information for NMFS to respond.
In total, five unique comments were relevant to the action and are
addressed below. No changes were made to the final rule as a result of
these comments.
Comment 1: Four commercial fishermen opposed the reduction in the
Atlantic spiny dogfish commercial quota. These commenters cited
concerns about the impact of reduced quotas on an already declining
industry, the risk that the industry may permanently lose access to
some markets, the negative economic impact on associated industries
(e.g., shipping, processing), and the negative ecological impacts of
increased spiny dogfish predation on other species under reduced
quotas.
Response: National Standard 1 requires NMFS to prevent overfishing,
and the National Standard 1 guidelines require at least a 50-percent
probability of doing so. These specifications include the highest
allowable ABC expected to prevent overfishing with a 50-percent
probability. While the Mid-Atlantic Council's risk policy would
typically require a lower ABC with a 46-percent probability of
overfishing for a stock just above its target (e.g., Atlantic spiny
dogfish), the Councils took into account industry testimony regarding
the potential economic impacts of quota reductions and set the
specifications based on the highest allowable ABC.
To ensure the ABC is not exceeded, the specifications must consider
expected catch from other sources when setting the commercial quota.
The 2025 specifications use reasonable estimates for other sources of
fishing mortality: The most recent three-year average of Canadian
landings; the most recent five-year average of recreational landings;
and a discard set-aside that is the mid-point of the most recent five-
year average and the previously accepted ``model-based projection''
(generated by applying the 2022 ratio of discards to total catch to the
year-specific ABC). The Atlantic Spiny Dogfish Committee recommended
using the average of these two estimates as a reasonable approach to
deal with uncertainty, as Atlantic spiny dogfish discards can be highly
variable. The use of a lower and less precautionary discard estimate
would result in a higher quota, but would increase the risk of an ACL
overage in 2025. The Atlantic Spiny Dogfish FMP and regulations at 50
CFR 648.233(c) require a reduction in a future-year ACL, and thus the
commercial quota, when an overage occurs. The 2025 commercial quota is
intended to provide the industry with the highest allowable quota while
minimizing the risk of a quota reduction in a future fishing year due
to an ACL overage.
Comment 2: One commercial fisherman opposed to the specifications
also stated that ``take'' should only include dogfish landings and not
live discards.
Response: ``Catch, take, or harvest'' is defined under the
Magnuson-Stevens Act as including, but is not limited to, ``any
activity that results in killing any fish or bringing any live fish on
board a vessel'' (Sec. 600.10). While ``take'' may be defined
differently under other statutes, those definitions do not apply to
these specifications or catch accounting within the Atlantic spiny
dogfish fishery and are not discussed further.
The performance of the Atlantic spiny dogfish fishery is evaluated
based on total dead catch (i.e., commercial and recreational landings
and dead discards). Live discards are not included in the calculation
of total dead catch. The estimates of dead discards, and the methods
used to calculate them, are considered the best scientific information
available. First, observer data is used to generate ratios of Atlantic
spiny dogfish discards-to-total-catch by stock area, gear, and mesh
size annually. These ratios are applied to total catch reported on
dealer reports to generate estimates of total Atlantic spiny dogfish
discards (i.e., both live and dead discards) by stock area and gear
type. The estimated dead discards are then calculated by applying a
stock area- and gear-specific discard mortality rate to the total
discards by gear and area. This estimate of dead discards is included
in the calculation of total dead catch that is compared to the catch
limits.
Comment 3: Three commercial fishermen who opposed the
specifications raised concerns with the information that factored into
the 2025 quota being lower than that of 2024 (i.e., the higher,
corrected 2022 discard estimate; discards that were higher than
expected in 2023; and a more
[[Page 20130]]
precautionary discard estimate for 2025). Specifically, the commenters
took issue with the use of discard estimates, rather than actual
numbers. The commenters raised concerns with the correction to the 2022
discards and that the correction was made ``3 years later.''
Response: When setting forward-looking specifications and
commercial quotas (i.e., 2025 catch limits), other sources of fishing
mortality must be estimated because actual catch information is not yet
available. The estimates used to set the 2025 specifications, including
the dead discards, are based on data from previous fishing years and
represent reasonable estimates (see Comment 1).
When calculating catch for previous years, the total number of
discards and dead discards are estimated because fishermen and fishery
observers cannot record all discards or directly observe all discard
mortality. Previous years' discard estimates, and the methods used to
calculate them, are based on the best scientific information available
(see Comment 2).
Final 2022 data for Atlantic spiny dogfish became available in
calendar year 2023. In 2024, NMFS identified a difference between the
area- and gear-specific discard mortality rates used in Atlantic spiny
dogfish catch accounting and the stock assessment. The discard
mortality rates used in the Catch Accounting and Monitoring System were
updated to those used in the assessment. The updated discard mortality
rates were applied to the 2022 catch information available at that time
(i.e., inclusive of any late data), resulting in a higher estimate of
2022 dead discards. This discard estimate, along with actual
information on 2023 catch and 2024 catch limits that became available
in 2024, was incorporated into the projections that informed the 2025
ABC and catch limits. These updates contributed to the 2025 ABC and
quota being lower than those of 2024. This difference is not the result
of a payback from the 2025 quota, but 2025 catch limits based on
current projections that reflect the best estimates of stock biomass
and productivity. These updates ensure the catch limits comply with
National Standard 2 requirements to use the best scientific information
available and National Standard 1 requirements to prevent overfishing.
Comment 4: Three commenters opposed to the specifications suggested
unused 2024 quota should be rolled over to 2025, noting that the 2024
quota was reduced to account for an overage in 2023 and 2024 catch is
trending below the 2024 quota.
Response: The Atlantic spiny dogfish fishery is managed under the
Atlantic Spiny Dogfish FMP with implementing regulations at Sec. 648
subpart L. The FMP and regulations at Sec. 648.233(c) require a
subsequent fishing year ACL be reduced by the amount the ACL is
exceeded. The FMP does not authorize the rollover of unused quota in a
subsequent fishing year. However, actual catch information is
incorporated into stock assessments and projections that inform future
catch limits.
Comment 5: One non-governmental organization commented that NMFS
should not set the commercial quota any higher than the proposed 9.3
million lb (4,236 mt). The commenter expressed concerns that NMFS
endorsed the Mid-Atlantic Council setting the specifications higher
than what was originally discussed at its October 2024 meeting and that
the Council suspended its risk policy based on industry requests for
higher quota. The commenter cautioned against the erosion of
precautionary buffers for spiny dogfish, which is a slow-growing
species, and disagreed that the specifications include sufficient
precaution.
Response: NMFS is implementing a quota at, and not greater than,
the proposed 9.3 million lb (4,236 mt). Catch specifications must
comply with the Magnuson-Stevens Act National Standards and their
guidelines, which include requirements to prevent overfishing and
achieve optimum yield (National Standard 1) and to provide for the
sustained participation of fishing communities and minimize adverse
economic impacts on such communities (National Standard 8). The
Councils' decision to consider specifications with a 50-percent
probability of overfishing was based on industry testimony that
reductions to the commercial quota would create a significant risk to
the future of the industry. In 2024, the last remaining southern spiny
dogfish processor closed. The industry has raised concerns that the
sole remaining processor, which is critical to the viability of the
fishery, may close if catch decreases. The Councils further based their
recommendations on current stock projections, which indicate the stock
is expected to increase to 113 percent of its target under these catch
limits. After weighing this information, the Council recommended
specifications using the highest ABC allowable under National Standard
1 (i.e., a 50-percent probability of overfishing; Sec.
600.310(f)(2)(i)) to minimize adverse economic impacts on the industry.
NMFS agrees that the Councils' recommended specifications balance the
requirements of National Standards 1 and 8.
As described in response to Comment 1, the specifications account
for reasonable estimates of other sources of catch. The highest source
of uncertainty within the specifications is the discard estimate, as
annual discards can vary. To account for uncertainty, the 2025 discard
estimate uses the average of two reasonable methods for estimating
discards. It represents an increase from the amount set aside for
discards in 2024. The Councils agreed, and NMFS concurs, that
substantial precaution is taken, and uncertainty accounted for, within
these specifications.
Comment 6: One commenter expressed cautious support for the
proposed specifications. The commenter noted concerns about the
economic impacts that reduced quotas may have on the fishing industry,
particularly small businesses, and suggested NMFS monitor the economic
impacts on the spiny dogfish industry.
Response: As noted in response to Comment 5, NMFS must comply with
the Magnuson-Stevens Act National Standards, including National
Standards 1 and 8, when setting catch specifications. Typically, the
Mid-Atlantic Council's risk policy requires an ABC based on a 46-
percent probability of overfishing for a stock just above its biomass
target, such as Atlantic spiny dogfish. The Mid-Atlantic Council voted
to waive its risk policy when recommending these specifications due to
industry testimony about the potential for negative economic impacts
from quota reductions.
The National Standard 8 guidelines specify that the requirement to
account for the importance of fishery resources to fishing communities
is within the context of the conservation requirements of the Magnuson-
Stevens Act (Sec. 600.345(b)(1)). In other words, the National
Standard 8 requirements do not supersede the National Standard 1
requirements to prevent overfishing. An ABC with more than a 50-percent
probability of overfishing would risk overfishing, stock depletion,
reduced stock productivity, and lower quotas in future years.
Sustainable management of the stock, including the prevention of
overfishing, is intended to ensure the long-term viability of both the
Atlantic spiny dogfish stock and the industry that relies on that
stock.
NMFS collects and analyzes economic and social data on the
importance of fisheries to communities, as required under National
Standard 8 (Sec. 600.345(c)). In addition, the Regulatory Flexibility
Act (RFA)
[[Page 20131]]
requires NMFS to analyze the impacts of these catch specifications on
small business entities. Information on the expected impacts of these
catch specifications, including the basis for certification that this
action would not have a significant economic impact on a substantial
number of small entities, can be found in the proposed rule and in the
SIR for this rule. Additional economic analysis of the Atlantic spiny
dogfish fishery can be found in the 2024-2026 Atlantic Spiny Dogfish
Specifications Environmental Assessment (EA; both the SIR and EA are
posted at <a href="http://www.mafmc.org/supporting-documents">http://www.mafmc.org/supporting-documents</a>).
Comment 7: One commenter expressed general support for the
specifications and noted the importance of protecting fisheries.
Response: NMFS agrees and is implementing the specifications as
recommended by the Mid-Atlantic and New England Councils.
Comment 8: Three members of the commercial fishing industry
asserted that the reduced quota would have an economic impact on
commercial fishermen and commercial fishing support industries (e.g.,
shipping). The commenters state that roughly 100 people in the
Commonwealth of Virginia rely on the spiny dogfish fishery, and the
fishery makes up the majority of the industry's wintertime work. The
commenters state that the reduced quota could potentially cause
financial hardship to these individuals, and assert that this
contradicts the RFA analysis in the proposed rule for these
specifications.
Response: The RFA requires that an agency consider whether an
action will have a significant impact on a substantial number of small
businesses entities and ways to minimize impacts on small business
entities. As provided in the proposed rule, this action would maintain
spiny dogfish specifications and commercial quota at a level above
recent landings (i.e., 8.5 million lb (3,855 mt) in 2023, with 2024
catch currently trending lower than that of 2023). As a result, the
specifications are expected to have an economic impact similar to
recent years. There is no information that the action might impact
small businesses differently than large businesses. Further, as
discussed throughout this document, these specifications are based on
the highest allowable ABC under National Standard 1, and there are no
available alternatives that would reduce impacts on small business
entities. While the commenters suggest that the reduced quota could
potentially have a negative economic impact to the fishery and related
businesses, they do not provide evidence that the proposed
specifications would be expected to have a significant impact on a
substantial number of small businesses nor contest the factual basis
for certification under the RFA. No changes were made as a result of
these comments.
Classification
NMFS is issuing this rule pursuant to section 305(d) of the
Magnuson-Stevens Act (16 U.S.C. 1855(d)). The reason for using this
regulatory authority is that in a previous action taken pursuant to
section 304(b) of the Magnuson-Stevens Act (16 U.S.C. 1854(b)), the FMP
and implementing regulations created the process by which
specifications are developed through a NMFS rulemaking process distinct
from that of 304(b). See 50 CFR 648.232. As such, NMFS is issuing this
rule pursuant to section 305(d). The NMFS Assistant Administrator has
determined that this final rule is consistent with the Atlantic Spiny
Dogfish FMP and other applicable law.
There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in effective date. The 2025 fishing year began on May 1, 2025.
The Commission adopted a complementary coastwide quota, which went into
effect on May 1, 2025. Under the Commission's Interstate Fishery
Management Plan for Spiny Dogfish, the coastwide quota is allocated
among the relevant states. State management agencies implement annual
management measures intended to achieve the state's allocated quota
over the fishing year. A delay in the date of effectiveness of the
Federal quota substantially beyond May 1 would be contrary to the
public interest as it could create misalignment with state management,
confusion with state agencies as they prepare their annual management
measures, and confusion in the spiny dogfish industry around current
quotas. 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.
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 as soon as possible for
the 2025 fishing year.
This final rule is exempt from review under Executive Orders 12866
and 14192.
NMFS has determined that this action would not have a substantial
direct effect on one or more Indian Tribes, on the relationship between
the Federal Government and Indian Tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
Tribes; therefore, consultation with Tribal officials under E.O. 13175
is not required, and the requirements of sections (5)(b) and (5)(c) of
E.O. 13175 also do not apply. A Tribal summary impact statement under
section (5)(b)(2)(B) and section (5)(c)(2)(B) of E.O. 13175 is not
required and has not been prepared.
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. We received one comment
regarding the RFA analysis. The comment did not contest the factual
basis for the certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 6, 2025.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2025-08268 Filed 5-9-25; 8:45 am]
BILLING CODE 3510-22-P
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