Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Framework Adjustment 7 to the Atlantic Spiny Dogfish Fishery Management Plan

Issuing agencies

Abstract

NMFS proposes measures included in Framework Adjustment 7 to the Spiny Dogfish Fishery Management Plan (FMP), as recommended by the Mid-Atlantic and New England Fishery Management Councils. Framework 7 proposes fishing year 2026 and projected 2027 specifications, which would establish allowable harvest levels for the spiny dogfish fishery to prevent overfishing while enabling optimum yield based on the best scientific information available. Framework 7 also proposes changes to the Atlantic spiny dogfish accountability measures intended to provide the commercial fishery with greater flexibility by no longer requiring full payback of annual catch limit (ACL) overages when the Atlantic spiny dogfish stock is considered healthy.

Full Text

<html>
<head>
<title>Federal Register, Volume 91 Issue 196 (Tuesday, October 13, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 196 (Tuesday, October 13, 2026)]
[Proposed Rules]
[Pages 64873-64876]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20863]



[[Page 64873]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 261007-0005]
RIN 0648-BO48


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Framework 
Adjustment 7 to the Atlantic Spiny Dogfish Fishery Management Plan

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS proposes measures included in Framework Adjustment 7 to 
the Spiny Dogfish Fishery Management Plan (FMP), as recommended by the 
Mid-Atlantic and New England Fishery Management Councils. Framework 7 
proposes fishing year 2026 and projected 2027 specifications, which 
would establish allowable harvest levels for the spiny dogfish fishery 
to prevent overfishing while enabling optimum yield based on the best 
scientific information available. Framework 7 also proposes changes to 
the Atlantic spiny dogfish accountability measures intended to provide 
the commercial fishery with greater flexibility by no longer requiring 
full payback of annual catch limit (ACL) overages when the Atlantic 
spiny dogfish stock is considered healthy.

DATES: Comments must be received by November 12, 2026.

ADDRESSES: A plain language summary of this proposed rule is available 
at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2026-1321">https://www.regulations.gov/docket/NOAA-NMFS-2026-1321</a>. You may 
submit comments on this document, identified by NOAA-NMFS-2026-1321, by 
any of the following methods:
    <bullet> Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Visit <a href="https://www.regulations.gov">https://www.regulations.gov</a> and type NOAA-NMFS-2026-1321 in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and 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="https://www.regulations.gov">https://www.regulations.gov</a> without change. All personal identifying 
information (e.g., name, address), 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).
    Copies of the Environmental Assessment (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="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#c28ea3b7b0a3ec86a7aba5aaa3ac82acada3a3eca5adb4"><span class="__cf_email__" data-cfemail="c884a9bdbaa9e68cada1afa0a9a688a6a7a9a9e6afa7be">[email&#160;protected]</span></a> or (978) 281-9184.

SUPPLEMENTARY INFORMATION:

Background

    The Mid-Atlantic and New England Fishery Management Councils (the 
Councils) jointly develop recommended management measures for spiny 
dogfish, with the Mid-Atlantic Council acting as the administrative 
lead. Additionally, the Atlantic States Marine Fisheries Commission 
manages the Atlantic spiny dogfish fishery in State waters from Maine 
to North Carolina through an interstate fishery management plan. The 
Councils, pursuant to the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act), develop recommendations 
regarding fisheries in Federal waters, and both Councils must agree on 
any final recommendations to modify the Federal FMP. The Councils 
provide their recommendations to NMFS. Under the provisions of the 
Magnuson-Stevens Act, on behalf of the Secretary of Commerce, the 
Greater Atlantic Regional Fisheries Office's Regional Administrator 
reviews the Councils' proposed measures for consistency with the FMP, 
plan amendments, the Magnuson-Stevens Act, and other applicable law. 
The Regional Administrator is required to publish proposed regulations, 
consistent with the Council's recommendations, with such technical 
changes as may be necessary for clarity and an explanation of those 
changes for public comment (section 304(b)(1)(A) of the Magnuson-
Stevens Act). After public comment, the Regional Administrator may 
publish revisions to the proposed regulations along with an explanation 
of any differences between the proposed and final regulations (section 
304(b)(3) of the Magnuson-Stevens Act; 50 CFR 648.239(a)(3)(ii)).
    At the Mid-Atlantic Council's October 2025 meeting and the New 
England Council's December 2025 meeting, the Councils recommended 2026 
and projected 2027 Atlantic spiny dogfish catch limits. The Federal FMP 
requires the specification of an acceptable biological catch (ABC), 
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 proposes 
Atlantic spiny dogfish specifications for fishing year 2026 and 
projected specifications for fishing year 2027, as recommended by both 
Councils. The Commission voted to implement complementary 
specifications for State waters on February 3, 2026, during its winter 
meeting.
    The NMFS Northeast Fisheries Science Center completed an Atlantic 
spiny dogfish management track assessment in September 2023, which 
included catch and survey data through 2022. The management track 
assessment found that the Atlantic spiny dogfish stock is not currently 
overfished or experiencing overfishing and remains above its biomass 
target. In 2025, the Science Center provided updated projections that 
incorporate new Atlantic spiny dogfish catch information through 2024. 
It also provided a data update with new survey data through 2024, which 
have not been incorporated into the assessment and projections model. 
The 2025 data update showed negative trends in multiple indicators 
including the female biomass indices, female spawning stock biomass, 
and mean length of mature females. In September 2025, the Mid-Atlantic 
Council's Scientific and Statistical Committee (SSC) reviewed the 2025 
data update and the 2026-2027 Atlantic spiny dogfish stock projections 
and noted increasing uncertainty in the projections due to the age of 
the data used in the projection model (i.e., terminal year 2022).
    Typically, the Mid-Atlantic Council's risk policy recommends 
setting the ABC with no greater than a 46-percent chance of overfishing 
for stocks just above the biomass target, such as Atlantic spiny 
dogfish. However, the industry has raised significant and ongoing 
concerns about the continued viability of the fishery with commercial 
quotas below approximately 12 million

[[Page 64874]]

pounds (lb; 5,444 metric tons (mt)). As a result, in recent years, the 
ABC has been set equal to the overfishing limit (OFL), through NMFS 
emergency action in 2024 (89 FR 44924, May 22, 2024), and by the 
Council suspending its risk policy when developing specifications for 
2025 (90 FR 20128, May 12, 2025). At the request of the Council, for 
2026 and 2027 the SSC provided ABCs based on the Council's risk policy 
and ABCs equal to the OFLs (i.e., a 50-percent chance of overfishing). 
The SSC also provided a constant 2026-2027 ABC equal to that of the 
2025 ABC and OFL as a more precautionary alternative because of its 
concerns about the increased uncertainty in the projections. The 
Councils recommended 2026 and projected 2027 ABCs equal to that of 2025 
(i.e., 16.81 million lb; 7,626 mt), but below these years' OFLs, to 
balance the SSC's concerns regarding uncertainty and industry's 
concerns regarding the ongoing economic viability of the fishery.
    At the Mid-Atlantic Council's October and December meetings and the 
New England Council's December meeting, the Councils also recommended 
changes to the Federal Atlantic spiny dogfish accountability measures. 
Section 303 of the Magnuson-Stevens Act requires FMPs to ``establish a 
mechanism for specifying annual catch limits in the plan (including a 
multiyear plan), implementing regulations, or annual specifications, at 
a level such that overfishing does not occur in the fishery, including 
measures to ensure accountability.'' The National Standard 1 Guidelines 
at Sec.  600.310 outline accountability measure requirements and 
guidance.
    The current Atlantic spiny dogfish accountability measures at Sec.  
648.233 include: a coastwide closure when the commercial quota is 
reached; an annual, single-year evaluation of total catch to determine 
whether the ACL is exceeded; and a full ACL overage repayment as soon 
as possible in a subsequent year. While the repayment provision has not 
been triggered frequently in recent years, an ACL overage occurred in 
fishing year 2023, and, as a result, the fishing year 2024 ACL and 
commercial quota were reduced by 1.08 million lb (491 mt; 89 FR 79452; 
September 30, 2024). Given the industry's concerns about the recent 
quotas' impacts on the sustainability of the Atlantic spiny dogfish 
industry, the Councils recommended changes to the accountability 
measures to reduce the frequency and magnitude of overage paybacks. 
NMFS concurs with the Councils' recommendations pending review of 
public comments. The proposed changes outlined below are intended to 
minimize year-to-year fishery disruptions to the industry while 
maintaining a sustainable Atlantic spiny dogfish stock.

Proposed Measures

Proposed 2026 and Projected 2027 Atlantic Spiny Dogfish Specifications

    This action proposes the Mid-Atlantic and New England Councils' 
recommended 2026 and projected 2027 Atlantic spiny dogfish catch 
specifications, which are consistent with the ABCs provided by the SSC 
and the best available science. The proposed 2026 and projected 2027 
catch limits are based on a status quo ABC equal to that of 2025 (i.e., 
16.81 million lb; 7,626 mt). The specifications include deductions for 
estimates of other sources of catch (i.e., Canadian landings, domestic 
discards, and domestic recreational landings). Atlantic spiny dogfish 
discards vary from year to year, which can create uncertainty when 
determining the appropriate amount to set aside within the 
specifications. Both Councils ultimately recommended using the average 
ratio of discards to catch (43.8 percent) for the most recent three 
fishing years (2022-2024) applied to the proposed ABC. The resulting 
recommended coast-wide commercial quota would be 9.2 million lb (4,172 
mt), which is a 1.5-percent decrease from 2025, primarily due to an 
increase in the estimated discards. A comparison of the implemented 
2025, proposed 2026, and projected 2027 specifications is summarized 
below in table 1.

    Table 1--Comparison of Implemented 2025, Proposed 2026, and Projected 2027 Atlantic Spiny Dogfish Fishery
                                                 Specifications
----------------------------------------------------------------------------------------------------------------
                                                             2025             2026-2027 (proposed)
                                                  --------------------------------------------------   Percent
                                                   Million lb  Metric tons  Million lb  Metric tons     change
----------------------------------------------------------------------------------------------------------------
OFL..............................................       16.81        7,626       17.82        8,084           +6
ABC..............................................       16.81        7,626       16.81        7,626            0
Canadian Landings................................        0.01            4        0.01            4            0
Domestic ABC.....................................        16.8        7,622        16.8        7,622            0
ACL = ACT........................................        16.8        7,622        16.8        7,622            0
Domestic Discards................................        7.22        3,275        7.36        3,338         +1.9
TAL..............................................        9.58        4,347        9.44        4,284         -1.4
Domestic Recreational Landings...................        0.24          111        0.25          112         +0.9
Commercial Quota.................................        9.34        4,236         9.2        4,172         -1.5
----------------------------------------------------------------------------------------------------------------

Proposed Accountability Measures

    This action also proposes changes to the Atlantic spiny dogfish 
accountability measures. Under the proposed changes, ACL overages would 
be calculated based on the 3-year average catch and 3-year average ACL. 
This approach is provided for in the National Standard 1 Guidelines at 
Sec.  600.310(g)(5) and is intended to provide greater stability in the 
commercial quota when accounting for overages. Atlantic spiny dogfish 
catch, particularly discards, can vary from year to year. Calculating 
overage paybacks based on a multiyear average smooths out this 
variability, where ACL overages in one year may be balanced out by 
underages in others. When the 3-year average catch exceeds the 3-year 
average ACL, the Councils recommend paybacks would: (1) not be required 
when the stock is at or above its target; (2) be scaled linearly when 
the stock is between 75 and 100 percent of its target (regardless of 
the source of the overage); and (3) be required in full when the stock 
is at or below 75 percent of its target. Full paybacks would always be 
required when the stock is in a rebuilding plan, consistent with the 
National Standard 1 Guidelines (50 CFR 600.310(g)(3)). This approach is 
intended to provide the commercial fishery with greater flexibility by 
no longer requiring full payback of ACL overages when the Atlantic 
spiny dogfish stock is considered healthy, therefore maintaining higher 
coastwide

[[Page 64875]]

commercial quotas while promoting the long-term sustainability of the 
stock and the fishery. This action does not propose changes to the 
existing in-season accountability measure that requires a coastwide 
Federal closure when the commercial quota is reached.

Classification

    Pursuant to sections 304(b)(1)(A) and 305(d) of the Magnuson-
Stevens Act, the NMFS Assistant Administrator has determined that this 
proposed rule is consistent with the Spiny Dogfish FMP, other 
provisions of the Magnuson-Stevens Act, and other applicable law, 
subject to further consideration after public comment. NMFS is issuing 
this rule pursuant to sections 304(b)(1)(A) and 305(d) of the Magnuson-
Stevens Act, which provide specific authority for implementing this 
action. Section 304(b) of the Magnuson-Stevens Act authorizes NMFS to 
implement rules and regulations deemed necessary by the Councils, and 
here the Councils deemed the modifications to Sec.  648.233 necessary 
to implement Framework 7. In a previous action under section 304(b), 
the regulations at Sec.  648.232 authorize NMFS to implement the 
Atlantic Spiny Dogfish specifications under section 305(d).
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Senior Lead 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.
    An evaluation of the potential socioeconomic impacts of the 
proposed measures was conducted in conjunction with the Atlantic Spiny 
Dogfish Framework Adjustment 7 EA.
    The proposed action has the potential to impact entities that hold 
Federal 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, there were 1,791 spiny dogfish permits held by 
1,329 entities in 2024. Of those, 1,319 qualified as small businesses 
(combined 2024 annual receipts not in excess of $11 million), and 10 
were classified as large businesses. Recent total spiny dogfish ex-
vessel revenues have averaged approximately $2.2 million annually 
(2022-2024), and 68 federally permitted vessels participated 
meaningfully in the fishery (landings over 10,000 lb; 4.5 mt) in 2022-
2024.
    The proposed 2026 and projected 2027 specifications would set the 
commercial quota approximately 140,000 lb (63.5 mt) lower than the 
current quota. Applying the 2022-2024 average inflation-adjusted ex-
vessel price of about $0.23 per pound suggests a potential aggregate 
revenue reduction of approximately $31,700 per year. Averaged across 
the approximately 68 federally permitted vessels that landed at least 
10,000 lb (4.5 mt) annually during 2022-2024, this would be an 
approximately $470 per vessel per year reduction over the short term. 
Actual effects would vary among vessels and would likely be smaller if 
the quota remains non-constraining, as recent fishery performance 
suggests. Over the long term, maintaining a sustainable stock supports 
continued fishing opportunity and future revenue, resulting in positive 
long-term economic impacts. Therefore, this change is not expected to 
have a significant economic impact on regulated entities.
    The proposed changes to the accountability measures would reduce 
the influence of single-year variability in catch estimates and reduce 
future quota reductions when the stock is healthy and an overage is not 
expected to meaningfully affect the stock status. The proposed measures 
would retain full payback requirements when biomass is at or below 75 
percent of the target or when the stock is under a rebuilding plan, 
which supports long-term stock sustainability and future fishing 
opportunity. The proposed changes are not expected to motivate fishery 
participants to change behavior in ways that would cause frequent quota 
overages because NMFS is required to close the commercial fishery when 
the quota is reached.
    The proposed changes are not expected to impose new direct 
compliance costs on regulated entities. Overall, the short-term 
reductions in revenue are expected to be offset by the long-term 
positive impacts from maintaining a sustainable stock and the 
additional flexibility provided by the revised accountability measures. 
Therefore, the proposed changes are expected to have slightly positive 
economic impacts on regulated entities. There is no information 
indicating that the action would impact small businesses differently 
than large businesses or unduly inhibit the ability of small entities 
to compete. Therefore, this action is not expected to have a 
significant adverse impact on a substantial number of small entities. 
As a result, an initial regulatory flexibility analysis is not required 
and none has been prepared.
    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: October 7, 2026.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 648 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.  648.233, revise paragraphs (b) and (c) to read as follows:


Sec.  648.233   Spiny dogfish Accountability Measures (AMs).

* * * * *
    (b) ACL overage evaluation. The average of the most recent 3 years 
of total catch (including both landings and dead discards) compared to 
the average of the ACLs from the same 3 years, in pounds, will be 
evaluated to determine whether there was an ACL overage.
    (c) Overage repayment. If the average catch exceeds the average ACL 
(see paragraph (b) of this section), the amount of payback required 
shall be determined based on the following procedure, using the most 
recent projected biomass (B) and biomass at maximum sustainable yield 
(B<INF>MSY</INF>) from the years used to calculate the 3-year average. 
If such a projection is not available for the 3-year timeframe, the 
nearest preceding B and B<INF>MSY</INF> projections shall be used.
    (1) If the stock is not under a rebuilding plan and B is at or 
above 100 percent of BMSY. No payback is required.
    (2) If the stock is not under a rebuilding plan and B is between 75 
and 100 percent of BMSY. The percent of the overage required to be paid 
back scales linearly from 100 percent when B is 75 percent of 
B<INF>MSY</INF> to 0 percent when B is equal to 100 percent of 
B<INF>MSY</INF>. The amount of the overage to be paid back is equal to 
the overage (as determined in paragraph (b) of this section) multiplied 
by the difference between the most recent projected B<INF>MSY</INF> and 
B (as described in paragraph (c) of this section), divided by one-
quarter B<INF>MSY</INF>

[[Page 64876]]

((B<INF>MSY</INF>-B)/(0.25 B<INF>MSY</INF>)). The payback shall be 
deducted as soon as possible from a subsequent single fishing year ACL.
    (3) If the stock is not under a rebuilding plan and B is at or 
below 75 percent of BMSY or the stock is under a rebuilding plan. The 
exact amount of the overage (as determined in paragraph (b) of this 
section) shall be deducted as soon as possible from a subsequent single 
fishing year ACL.

[FR Doc. 2026-20863 Filed 10-9-26; 8:45 am]
BILLING CODE 3510-22-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>