Fisheries of the Northeastern United States; Spiny Dogfish Fishery; Amendment 3, 19861-19864 [2014-07976]
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Federal Register / Vol. 79, No. 69 / Thursday, April 10, 2014 / Proposed Rules
Management; U.S. Fish and Wildlife
Service; 4401 N. Fairfax Drive, MS
2042–PDM; Arlington, VA 22203.
We request that you send comments
only by the methods described above.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see the
Information Requested section below for
more information).
FOR FURTHER INFORMATION CONTACT: For
information about the proposed listing,
contact Jennifer Norris, Field
Supervisor, U.S. Fish and Wildlife
Service, Sacramento Fish and Wildlife
Office, 2800 Cottage Way, W–2605,
Sacramento, California 95825; by
telephone 916–414–6600; or by
facsimile 916–414–6712. Persons who
use a telecommunications device for the
deaf (TDD) may call the Federal
Information Relay Service (FIRS) at
800–877–8339.
SUPPLEMENTARY INFORMATION:
Background
On October 3, 2013, we published in
the Federal Register a proposed rule to
list the western yellow-billed cuckoo as
a threatened species under the Act (78
FR 61621). During the public comment
period, we received numerous requests
from Federal and State agencies and the
public to extend or reopen the public
comment period on the proposed rule
beyond the December 2, 2013, due date.
On December 26, 2013, we reopened the
comment period for an additional 60
days (78 FR 78321). In order to ensure
that the public has ample opportunity to
review and comment on our proposed
rule, we are reopening the comment
period for an additional 15 days.
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Information Requested
We intend that any final action
resulting from this proposed rule will be
based on the best scientific and
commercial data available and be as
accurate and as effective as possible.
Therefore, we request comments or
information from other concerned
Federal and State agencies, the scientific
community, or any other interested
party concerning the proposed listing
rule. Please see the Information
Requested section of the October 3,
2013, proposed listing for a list of the
comments that we particularly seek (78
FR 61621).
For more background on our proposed
listing, see the October 3, 2013, Federal
Register (78 FR 61621). The proposed
rule is available at the Federal
eRulemaking Portal at https://
www.regulations.gov (see ADDRESSES
section above).
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If you previously submitted
comments or information on the
proposed rule, please do not resubmit
them. We have incorporated them into
the public record, and we will fully
consider them in our final rulemaking.
Our final determination concerning this
proposed rulemaking will take into
consideration all written comments and
any additional information we receive.
Please note that submissions merely
stating support for or opposition to the
action under consideration without
providing supporting information,
although noted, will not be considered
in making a determination, as section
4(b)(1)(A) of the Act directs that
determinations as to whether any
species is an endangered or threatened
species must be made ‘‘solely on the
basis of the best scientific and
commercial data available.’’
You may submit your comments and
materials concerning the proposed rule
by one of the methods listed in
ADDRESSES. We request that you send
comments only by the methods
described in ADDRESSES. If you submit
information via https://
www.regulations.gov, your entire
submission—including any personal
identifying information—will be posted
on the Web site. If your submission is
made via a hardcopy that includes
personal identifying information, you
may request at the top of your document
that we withhold this information from
public review. However, we cannot
guarantee that we will be able to do so.
We will post all hardcopy submissions
on https://www.regulations.gov. Please
include sufficient information with your
comments to allow us to verify any
scientific or commercial information
you include.
Comments and materials we receive,
as well as supporting documentation we
used in preparing the proposed listing,
will be available for public inspection
on https://www.regulations.gov, or by
appointment, during normal business
hours, at the U.S. Fish and Wildlife
Service, Sacramento Fish and Wildlife
Office (see FOR FURTHER INFORMATION
CONTACT). You may obtain copies of the
proposed rule on the Internet at https://
www.regulations.gov at Docket No.
FWS–R8–ES–2013–0104, or contact the
U.S. Fish and Wildlife Service,
Sacramento Fish and Wildlife Office
(see FOR FURTHER INFORMATION CONTACT).
Authority
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
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19861
Dated: March 31, 2014.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 2014–07986 Filed 4–9–14; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 140331031–4031–01]
RIN 0648–BC77
Fisheries of the Northeastern United
States; Spiny Dogfish Fishery;
Amendment 3
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
This rule proposes regulations
to implement measures in Amendment
3 to the Spiny Dogfish Fishery
Management Plan, which was
developed by the Mid-Atlantic and New
England Fishery Management Councils.
The proposed management measures
include implementing a research setaside program, updating essential fish
habitat definitions, allowing rollover of
specifications, and eliminating the
seasonal allocation of the commercial
quota. These administrative measures
are intended to improve the
implementation of the Spiny Dogfish
Fishery Management Plan and provide
benefits to the spiny dogfish fishery.
DATES: Comments must be received on
or before May 12, 2014.
ADDRESSES: Copies of the amendment,
including the Environmental
Assessment and Initial Regulatory
Flexibility Analysis (EA/IRFA) and
other supporting documents for the
action are available from Dr.
Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery
Management Council, Suite 201, 800 N.
State Street, Dover, DE 19901. The
amendment is also accessible via the
Internet at: https://www.nero.noaa.gov.
You may submit comments, identified
by NOAA–NMFS–2014–0036, by any
one of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20140036, click the ‘‘Comment Now!’’ icon,
SUMMARY:
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Federal Register / Vol. 79, No. 69 / Thursday, April 10, 2014 / Proposed Rules
complete the required fields, and enter
or attach your comments.
• Mail: NMFS, Greater Atlantic
Regional Fisheries Office, 55 Great
Republic Drive, Gloucester, MA 01930.
Mark the outside of the envelope
‘‘Comments on Spiny Dogfish
Amendment 3.’’
Instructions: Comments must be
submitted by one of the above methods
to ensure that the comments are
received, documented, and considered
by NMFS. 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. All comments received are
a part of the public record and will
generally be posted for public viewing
on www.regulations.gov without change.
All personal identifying information
(e.g., name, address) submitted
voluntarily by the sender will be
publicly accessible. Do not submit
confidential business information, or
otherwise sensitive or protected
information. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word or Excel, WordPerfect, or Adobe
PDF formats only.
FOR FURTHER INFORMATION CONTACT:
Tobey Curtis, Fishery Policy Analyst,
(978) 281–9273.
SUPPLEMENTARY INFORMATION:
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Background
The Atlantic spiny dogfish (Squalus
acanthias) fishery is jointly managed by
the New England and Mid-Atlantic
Fishery Management Councils
(Councils). The Atlantic States Marine
Fisheries Commission (Commission)
also manages the spiny dogfish fishery
in state waters from Maine to North
Carolina through an interstate fishery
management plan (FMP). The Federal
Spiny Dogfish FMP was implemented in
2000, when spiny dogfish were
determined to be overfished. The spiny
dogfish stock was declared to be
successfully rebuilt in 2010, and it
continues to be above its target biomass.
Currently, the stock is not overfished or
experiencing overfishing.
The regulations implementing the
FMP at 50 CFR part 648, subpart L,
outline the management procedures and
measures for the spiny dogfish fishery.
The Councils have developed and
submitted Amendment 3, which is
intended to update the FMP and
improve management of the spiny
dogfish fishery. Specifically, the
Councils have recommended: (1)
Adding an option for allocation of a
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small percentage (up to 3 percent) of the
commercial quota for use in the
Research Set-Aside (RSA) Program; (2)
updating the definitions of essential fish
habitat (EFH) for all life stages of spiny
dogfish; (3) maintaining existing annual
management measures until replaced
via rulemaking (i.e., specifications
rollover); and (4) eliminating the
seasonal allocation of the commercial
quota in order to minimize conflicts
with spiny dogfish fishing operations
that occur in both state and Federal
waters. These proposed management
measures are described in more detail
below.
Rollover of Specifications
Research Set-Aside (RSA)
Commercial Quota Allocation
A number of FMPs include an RSA
program, in which a percentage of the
quota is set aside to fund research. In
Amendment 3, the Councils are
proposing to allow up to 3 percent of
the spiny dogfish commercial quota to
be set aside as RSA quota. The revenues
generated by those landings would be
used for scientific research aimed at
improving our understanding of the
spiny dogfish stock and its related
fisheries, consistent with the Councils’
research priorities. For example, the
spiny dogfish commercial quota for
fishing year 2014 is currently specified
at 41.784 million lb (18,953 mt). Based
upon the funds requested through the
RSA Federal Funding Opportunity
announcement (refer to: https://
www.nero.noaa.gov/mediacenter/2013/
03/ma13rsaawards.html), up to 1.254
million lb (569 mt) of spiny dogfish
could be used for RSA (i.e., 3 percent of
the 2014 commercial quota).
The current regulations implementing
the Spiny Dogfish FMP (§ 648.232)
require that the commercial quota be
allocated between two seasons: Season
1 (May through October) receives 57.9
percent of the quota; and Season 2
(November through April) receives 42.1
percent of the quota. These seasons
were designed to match the regional
distribution of the spiny dogfish
population as it migrates up and down
the Atlantic coast, and to ensure that
each state’s fisheries would be able to
land spiny dogfish during the year.
In contrast to the Federal regulations,
the Commission allocates the
commercial quota to individual states/
regions, rather than by season. These
different management approaches have
occasionally resulted in misaligned inseason fishery closures between Federal
and state waters, and confusion within
the industry regarding where they can
fish. This rule proposes to remove the
Federal FMP’s seasonal quota
allocation, and replace it with a single,
annual coastwide commercial quota.
The Federal spiny dogfish fishery would
only be closed when 100 percent of the
coastwide commercial quota is
projected to be landed. The states,
through the Commission’s FMP, would
be responsible for controlling their
spiny dogfish allocations to ensure the
participation of all states. This measure
is expected to help alleviate potential
misalignment issues with the
Commission, while still constraining
total spiny dogfish catch to the specified
Federal limits.
Essential Fish Habitat (EFH)
The Magnuson-Stevens Act requires
that EFH be defined for all managed
stocks, and that it should be
periodically reviewed and updated. EFH
designations are used by NMFS when
consulting with other agencies on
Federal activities, and up-to-date
designations lead to more effective
consultation and protection of EFH.
Spiny dogfish EFH was most recently
updated in 2007 (https://
www.nefsc.noaa.gov/nefsc/publications/
tm/tm150/). Amendment 3 includes
updated text and maps, using the most
recent fishery-independent data, to
describe EFH for the following spiny
dogfish size and sex categories: Recruits
(juvenile males and females <36 cm);
sub-adult females (36–79 cm); sub-adult
males (36–59 cm); adult females (>79
cm); and adult males (>59 cm). Detailed
EFH maps and text descriptions are
provided in the supporting documents
(see ADDRESSES).
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This measure would allow the
specifications (annual catch limit,
commercial quota, etc.) of the current
fishing year to carry forward to the
subsequent fishing year, in the event
that rulemaking and implementation of
revised specifications are delayed. If the
implementation of new final
specifications is delayed beyond the
start of the new fishing year (May 1), the
previous year’s specifications would
apply to the new fishing year until
replaced by the final rule. The Councils
are recommending this measure to
maintain consistency across FMPs.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has made a
preliminary determination that this
proposed rule is consistent with the
Spiny Dogfish FMP, other provisions of
the Magnuson-Stevens Act, and other
applicable law.
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This proposed rule has been
determined to be not significant for the
purpose of E.O. 12866.
The Councils prepared an IRFA, as
required by section 603 of the
Regulatory Flexibility Act (RFA). The
IRFA describes the economic impact
this proposed rule, if adopted, would
have on small entities. A description of
the action, why it is being considered,
and the legal basis for this action are
contained at the beginning of this
section of the preamble and in the
SUMMARY of this proposed rule. A
summary of the IRFA follows. A copy of
this analysis is available from the
Councils (see ADDRESSES).
This action does not introduce any
new reporting, recordkeeping, or other
compliance requirements. This
proposed rule does not duplicate,
overlap, or conflict with other Federal
rules.
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Description and Estimate of Number of
Small Entities to Which the Rule Would
Apply
This rule will impact fishing vessels,
including commercial fishing entities.
In 2012, 2,666 vessels held spiny
dogfish permits. However, not all of
those vessels are active participants in
the fishery; only 489 vessels landed
spiny dogfish in 2012. If two or more
vessels have identical owners, these
vessels should be considered to be part
of the same firm, because they may have
the same owners. When permit
ownership data is considered, in 2012,
1,976 fishing firms held at least one
spiny dogfish permit. According to the
Small Business Administration (SBA),
firms are classified as finfish or shellfish
firms based on the activity which they
derive the most revenue. Using the $5M
cutoff for shellfish firms (NAICS
114112) and the $19M cutoff for finfish
firms (NAICS 114111), there are 1,953
directly regulated small entities and 23
directly regulated large entities. There
are 488 active fishing firms, of which
482 are small entities and 6 are large
entities. On average, for small entities,
spiny dogfish is responsible for a small
fraction of landings, and active
participants derive a small share of
gross receipts from the spiny dogfish
fishery. While all 1,953 directly
regulated small entities will be affected
by the Amendment 3, many of these
small entities do not currently
participate in this fishery and would be
likely to experience only negligible
economic impacts, if any.
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Economic Impacts of the Proposed
Action Compared to Significant NonSelected Alternatives
According to the Council’s analysis in
the EA (see ADDRESSES), Amendment 3
is not expected to result in any direct
negative or positive economic impacts.
The management measures and
alternatives included in this action are
administrative in nature, and have no
inherent direct economic costs or
benefits. Possible indirect, minor
positive economic impacts are
anticipated from the RSA and EFH
alternatives. Under the RSA
alternatives, the preferred alternative
(Alternative 1b) of allowing an RSA
quota of up to 3 percent of the
commercial quota, and Alternative 1c,
which would allow up to 5 percent of
the commercial quota for RSA, are
expected to result in minor positive
economic impacts relative to no action
(i.e., no RSA; Alternative 1a). This
conclusion was based on cases where
research funded by RSA would result in
improved management of the spiny
dogfish fishery. Both the no action (i.e.,
no update to EFH; Alternative 2a) and
preferred (i.e., updated EFH; Alternative
2b) EFH alternatives may result in
indirect, minor positive economic
impacts, as the designation of EFH can
inform Federal activities and help
minimize potentially negative habitat
impacts. Under the commercial quota
allocation alternatives, the no action
alternative (i.e., maintain current
seasonal allocation of the quota;
Alternative 4a) was expected to result in
minor, indirect negative economic
impacts in situations where
misalignment in Federal (Council) vs.
state (Commission) fishery closures
could result in lost revenues. The
preferred alternative (i.e., remove
allocation of the quota; Alternative 4b)
is anticipated to alleviate the potential
negative economic impacts associated
with the current management
misalignment. Both the no action
alternative (i.e., no rollover of
specifications; Alternative 3a) and the
preferred alternative (i.e., allow rollover
of specifications; Alternative 3b)
associated with the rollover of
specifications from one year to the next
in the event of delayed implementation
of specifications are expected to have no
economic impact (positive or negative).
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
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19863
Dated: April 4, 2014.
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
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.232, revise paragraphs (a),
(b), and (e); and add paragraphs (c)(3)
and (f) to read as follows:
■
§ 648.232
Spiny dogfish specifications.
(a) Commercial quota and other
specification measures. The Spiny
Dogfish Monitoring Committee shall
recommend to the Joint Spiny Dogfish
Committee a TAL (i.e., annual
coastwide commercial quota) and any
other measures, including those in
paragraphs (a)(1) through (8) of this
section, that are necessary to ensure that
the commercial ACL will not be
exceeded in any fishing year (May 1–
April 30), for a period of 1–5 fishing
years. If research quota is specified as
described in paragraph (f) of this
section, the effective commercial quota
will be those commercial landings
available after the deduction for the
research quota. The measures that may
be recommended include, but are not
limited to:
(1) Minimum or maximum fish sizes;
(2) Seasons;
(3) Mesh size restrictions;
(4) Trip limits;
(5) Research quota set from a range of
0 to 3 percent of the commercial quota;
(6) [Reserved]
(7) Other gear restrictions; and
(8) Changes to AMs and ACT control
rules.
(b) Joint Spiny Dogfish Committee
recommendation. The Councils’ Joint
Spiny Dogfish Committee shall review
the recommendations of the Spiny
Dogfish Monitoring Committee. Based
on these recommendations, requests for
research quota, and any public
comments, the Joint Spiny Dogfish
Committee shall recommend to the
Councils a TAL, and possibly other
measures, including those specified in
paragraphs (a)(1) through (8) of this
section, necessary to ensure that the
ACL specified in § 648.230 will not be
exceeded in any fishing year (May 1–
April 30), for a period of 1–5 fishing
years.
(c) * * *
*
*
*
*
*
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(3) If the annual specifications are not
published in the Federal Register prior
to the start of the fishing year, the
previous year’s annual specifications
will remain in effect. The previous
year’s specifications will be replaced by
the current year’s specifications as of
the effective date of the final rule
implementing the current year’s
specifications.
*
*
*
*
*
(e) Landings applied against the
commercial quota. All spiny dogfish
landed for a commercial purpose in the
states from Maine through Florida shall
be applied against the annual coastwide
commercial quota, regardless of where
the spiny dogfish were harvested.
(f) Research quota. See § 648.22(g).
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3. In § 648.233, revise paragraph (a) to
read as follows:
■
§ 648.233 Spiny dogfish accountability
measures (AMs).
(a) Commercial EEZ closure. The
Regional Administrator shall determine
the date by which the annual coastwide
quota described in § 648.232 will be
harvested and shall close the EEZ to
fishing for spiny dogfish on that date for
the remainder of the fishing year by
publishing notification in the Federal
Register. Upon the closure date, and for
the remainder of the fishing year, no
vessel may fish for or possess spiny
dogfish in the EEZ, nor may vessels
issued a spiny dogfish permit under this
part land spiny dogfish, nor may dealers
issued a Federal permit purchase spiny
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dogfish from vessels issued a spiny
dogfish permit under this part.
*
*
*
*
*
■ 4. In § 648.235, revise paragraph (a)
introductory text and paragraph (b), and
remove paragraph (c).
The revisions read as follows:
§ 648.235 Spiny dogfish possession and
landing restrictions.
(a) Possession limit. Vessels issued a
valid Federal spiny dogfish permit
under § 648.4(a)(11) may:
*
*
*
*
*
(b) Regulations governing the harvest,
possession, landing, purchase, and sale
of shark fins are found at part 600,
subpart N, of this chapter.
[FR Doc. 2014–07976 Filed 4–9–14; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 79, Number 69 (Thursday, April 10, 2014)]
[Proposed Rules]
[Pages 19861-19864]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07976]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 140331031-4031-01]
RIN 0648-BC77
Fisheries of the Northeastern United States; Spiny Dogfish
Fishery; Amendment 3
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This rule proposes regulations to implement measures in
Amendment 3 to the Spiny Dogfish Fishery Management Plan, which was
developed by the Mid-Atlantic and New England Fishery Management
Councils. The proposed management measures include implementing a
research set-aside program, updating essential fish habitat
definitions, allowing rollover of specifications, and eliminating the
seasonal allocation of the commercial quota. These administrative
measures are intended to improve the implementation of the Spiny
Dogfish Fishery Management Plan and provide benefits to the spiny
dogfish fishery.
DATES: Comments must be received on or before May 12, 2014.
ADDRESSES: Copies of the amendment, including the Environmental
Assessment and Initial Regulatory Flexibility Analysis (EA/IRFA) and
other supporting documents for the action are available from Dr.
Christopher M. Moore, Executive Director, Mid-Atlantic Fishery
Management Council, Suite 201, 800 N. State Street, Dover, DE 19901.
The amendment is also accessible via the Internet at: https://www.nero.noaa.gov.
You may submit comments, identified by NOAA-NMFS-2014-0036, by any
one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0036, click the
``Comment Now!'' icon,
[[Page 19862]]
complete the required fields, and enter or attach your comments.
Mail: NMFS, Greater Atlantic Regional Fisheries Office, 55
Great Republic Drive, Gloucester, MA 01930. Mark the outside of the
envelope ``Comments on Spiny Dogfish Amendment 3.''
Instructions: Comments must be submitted by one of the above
methods to ensure that the comments are received, documented, and
considered by NMFS. 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. All comments received are a part of the public
record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address) submitted voluntarily by the sender
will be publicly accessible. Do not submit confidential business
information, or otherwise sensitive or protected information. NMFS will
accept anonymous comments (enter ``N/A'' in the required fields if you
wish to remain anonymous). Attachments to electronic comments will be
accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF formats
only.
FOR FURTHER INFORMATION CONTACT: Tobey Curtis, Fishery Policy Analyst,
(978) 281-9273.
SUPPLEMENTARY INFORMATION:
Background
The Atlantic spiny dogfish (Squalus acanthias) fishery is jointly
managed by the New England and Mid-Atlantic Fishery Management Councils
(Councils). The Atlantic States Marine Fisheries Commission
(Commission) also manages the spiny dogfish fishery in state waters
from Maine to North Carolina through an interstate fishery management
plan (FMP). The Federal Spiny Dogfish FMP was implemented in 2000, when
spiny dogfish were determined to be overfished. The spiny dogfish stock
was declared to be successfully rebuilt in 2010, and it continues to be
above its target biomass. Currently, the stock is not overfished or
experiencing overfishing.
The regulations implementing the FMP at 50 CFR part 648, subpart L,
outline the management procedures and measures for the spiny dogfish
fishery. The Councils have developed and submitted Amendment 3, which
is intended to update the FMP and improve management of the spiny
dogfish fishery. Specifically, the Councils have recommended: (1)
Adding an option for allocation of a small percentage (up to 3 percent)
of the commercial quota for use in the Research Set-Aside (RSA)
Program; (2) updating the definitions of essential fish habitat (EFH)
for all life stages of spiny dogfish; (3) maintaining existing annual
management measures until replaced via rulemaking (i.e., specifications
rollover); and (4) eliminating the seasonal allocation of the
commercial quota in order to minimize conflicts with spiny dogfish
fishing operations that occur in both state and Federal waters. These
proposed management measures are described in more detail below.
Research Set-Aside (RSA)
A number of FMPs include an RSA program, in which a percentage of
the quota is set aside to fund research. In Amendment 3, the Councils
are proposing to allow up to 3 percent of the spiny dogfish commercial
quota to be set aside as RSA quota. The revenues generated by those
landings would be used for scientific research aimed at improving our
understanding of the spiny dogfish stock and its related fisheries,
consistent with the Councils' research priorities. For example, the
spiny dogfish commercial quota for fishing year 2014 is currently
specified at 41.784 million lb (18,953 mt). Based upon the funds
requested through the RSA Federal Funding Opportunity announcement
(refer to: https://www.nero.noaa.gov/mediacenter/2013/03/ma13rsaawards.html), up to 1.254 million lb (569 mt) of spiny dogfish
could be used for RSA (i.e., 3 percent of the 2014 commercial quota).
Essential Fish Habitat (EFH)
The Magnuson-Stevens Act requires that EFH be defined for all
managed stocks, and that it should be periodically reviewed and
updated. EFH designations are used by NMFS when consulting with other
agencies on Federal activities, and up-to-date designations lead to
more effective consultation and protection of EFH. Spiny dogfish EFH
was most recently updated in 2007 (https://www.nefsc.noaa.gov/nefsc/publications/tm/tm150/). Amendment 3 includes updated text and maps,
using the most recent fishery-independent data, to describe EFH for the
following spiny dogfish size and sex categories: Recruits (juvenile
males and females <36 cm); sub-adult females (36-79 cm); sub-adult
males (36-59 cm); adult females (>79 cm); and adult males (>59 cm).
Detailed EFH maps and text descriptions are provided in the supporting
documents (see ADDRESSES).
Rollover of Specifications
This measure would allow the specifications (annual catch limit,
commercial quota, etc.) of the current fishing year to carry forward to
the subsequent fishing year, in the event that rulemaking and
implementation of revised specifications are delayed. If the
implementation of new final specifications is delayed beyond the start
of the new fishing year (May 1), the previous year's specifications
would apply to the new fishing year until replaced by the final rule.
The Councils are recommending this measure to maintain consistency
across FMPs.
Commercial Quota Allocation
The current regulations implementing the Spiny Dogfish FMP (Sec.
648.232) require that the commercial quota be allocated between two
seasons: Season 1 (May through October) receives 57.9 percent of the
quota; and Season 2 (November through April) receives 42.1 percent of
the quota. These seasons were designed to match the regional
distribution of the spiny dogfish population as it migrates up and down
the Atlantic coast, and to ensure that each state's fisheries would be
able to land spiny dogfish during the year.
In contrast to the Federal regulations, the Commission allocates
the commercial quota to individual states/regions, rather than by
season. These different management approaches have occasionally
resulted in misaligned in-season fishery closures between Federal and
state waters, and confusion within the industry regarding where they
can fish. This rule proposes to remove the Federal FMP's seasonal quota
allocation, and replace it with a single, annual coastwide commercial
quota. The Federal spiny dogfish fishery would only be closed when 100
percent of the coastwide commercial quota is projected to be landed.
The states, through the Commission's FMP, would be responsible for
controlling their spiny dogfish allocations to ensure the participation
of all states. This measure is expected to help alleviate potential
misalignment issues with the Commission, while still constraining total
spiny dogfish catch to the specified Federal limits.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has made a preliminary determination that
this proposed rule is consistent with the Spiny Dogfish FMP, other
provisions of the Magnuson-Stevens Act, and other applicable law.
[[Page 19863]]
This proposed rule has been determined to be not significant for
the purpose of E.O. 12866.
The Councils prepared an IRFA, as required by section 603 of the
Regulatory Flexibility Act (RFA). The IRFA describes the economic
impact this proposed rule, if adopted, would have on small entities. A
description of the action, why it is being considered, and the legal
basis for this action are contained at the beginning of this section of
the preamble and in the SUMMARY of this proposed rule. A summary of the
IRFA follows. A copy of this analysis is available from the Councils
(see ADDRESSES).
This action does not introduce any new reporting, recordkeeping, or
other compliance requirements. This proposed rule does not duplicate,
overlap, or conflict with other Federal rules.
Description and Estimate of Number of Small Entities to Which the Rule
Would Apply
This rule will impact fishing vessels, including commercial fishing
entities. In 2012, 2,666 vessels held spiny dogfish permits. However,
not all of those vessels are active participants in the fishery; only
489 vessels landed spiny dogfish in 2012. If two or more vessels have
identical owners, these vessels should be considered to be part of the
same firm, because they may have the same owners. When permit ownership
data is considered, in 2012, 1,976 fishing firms held at least one
spiny dogfish permit. According to the Small Business Administration
(SBA), firms are classified as finfish or shellfish firms based on the
activity which they derive the most revenue. Using the $5M cutoff for
shellfish firms (NAICS 114112) and the $19M cutoff for finfish firms
(NAICS 114111), there are 1,953 directly regulated small entities and
23 directly regulated large entities. There are 488 active fishing
firms, of which 482 are small entities and 6 are large entities. On
average, for small entities, spiny dogfish is responsible for a small
fraction of landings, and active participants derive a small share of
gross receipts from the spiny dogfish fishery. While all 1,953 directly
regulated small entities will be affected by the Amendment 3, many of
these small entities do not currently participate in this fishery and
would be likely to experience only negligible economic impacts, if any.
Economic Impacts of the Proposed Action Compared to Significant Non-
Selected Alternatives
According to the Council's analysis in the EA (see ADDRESSES),
Amendment 3 is not expected to result in any direct negative or
positive economic impacts. The management measures and alternatives
included in this action are administrative in nature, and have no
inherent direct economic costs or benefits. Possible indirect, minor
positive economic impacts are anticipated from the RSA and EFH
alternatives. Under the RSA alternatives, the preferred alternative
(Alternative 1b) of allowing an RSA quota of up to 3 percent of the
commercial quota, and Alternative 1c, which would allow up to 5 percent
of the commercial quota for RSA, are expected to result in minor
positive economic impacts relative to no action (i.e., no RSA;
Alternative 1a). This conclusion was based on cases where research
funded by RSA would result in improved management of the spiny dogfish
fishery. Both the no action (i.e., no update to EFH; Alternative 2a)
and preferred (i.e., updated EFH; Alternative 2b) EFH alternatives may
result in indirect, minor positive economic impacts, as the designation
of EFH can inform Federal activities and help minimize potentially
negative habitat impacts. Under the commercial quota allocation
alternatives, the no action alternative (i.e., maintain current
seasonal allocation of the quota; Alternative 4a) was expected to
result in minor, indirect negative economic impacts in situations where
misalignment in Federal (Council) vs. state (Commission) fishery
closures could result in lost revenues. The preferred alternative
(i.e., remove allocation of the quota; Alternative 4b) is anticipated
to alleviate the potential negative economic impacts associated with
the current management misalignment. Both the no action alternative
(i.e., no rollover of specifications; Alternative 3a) and the preferred
alternative (i.e., allow rollover of specifications; Alternative 3b)
associated with the rollover of specifications from one year to the
next in the event of delayed implementation of specifications are
expected to have no economic impact (positive or negative).
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: April 4, 2014.
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. 648.232, revise paragraphs (a), (b), and (e); and add
paragraphs (c)(3) and (f) to read as follows:
Sec. 648.232 Spiny dogfish specifications.
(a) Commercial quota and other specification measures. The Spiny
Dogfish Monitoring Committee shall recommend to the Joint Spiny Dogfish
Committee a TAL (i.e., annual coastwide commercial quota) and any other
measures, including those in paragraphs (a)(1) through (8) of this
section, that are necessary to ensure that the commercial ACL will not
be exceeded in any fishing year (May 1-April 30), for a period of 1-5
fishing years. If research quota is specified as described in paragraph
(f) of this section, the effective commercial quota will be those
commercial landings available after the deduction for the research
quota. The measures that may be recommended include, but are not
limited to:
(1) Minimum or maximum fish sizes;
(2) Seasons;
(3) Mesh size restrictions;
(4) Trip limits;
(5) Research quota set from a range of 0 to 3 percent of the
commercial quota;
(6) [Reserved]
(7) Other gear restrictions; and
(8) Changes to AMs and ACT control rules.
(b) Joint Spiny Dogfish Committee recommendation. The Councils'
Joint Spiny Dogfish Committee shall review the recommendations of the
Spiny Dogfish Monitoring Committee. Based on these recommendations,
requests for research quota, and any public comments, the Joint Spiny
Dogfish Committee shall recommend to the Councils a TAL, and possibly
other measures, including those specified in paragraphs (a)(1) through
(8) of this section, necessary to ensure that the ACL specified in
Sec. 648.230 will not be exceeded in any fishing year (May 1-April
30), for a period of 1-5 fishing years.
(c) * * *
* * * * *
[[Page 19864]]
(3) If the annual specifications are not published in the Federal
Register prior to the start of the fishing year, the previous year's
annual specifications will remain in effect. The previous year's
specifications will be replaced by the current year's specifications as
of the effective date of the final rule implementing the current year's
specifications.
* * * * *
(e) Landings applied against the commercial quota. All spiny
dogfish landed for a commercial purpose in the states from Maine
through Florida shall be applied against the annual coastwide
commercial quota, regardless of where the spiny dogfish were harvested.
(f) Research quota. See Sec. 648.22(g).
0
3. In Sec. 648.233, revise paragraph (a) to read as follows:
Sec. 648.233 Spiny dogfish accountability measures (AMs).
(a) Commercial EEZ closure. The Regional Administrator shall
determine the date by which the annual coastwide quota described in
Sec. 648.232 will be harvested and shall close the EEZ to fishing for
spiny dogfish on that date for the remainder of the fishing year by
publishing notification in the Federal Register. Upon the closure date,
and for the remainder of the fishing year, no vessel may fish for or
possess spiny dogfish in the EEZ, nor may vessels issued a spiny
dogfish permit under this part land spiny dogfish, nor may dealers
issued a Federal permit purchase spiny dogfish from vessels issued a
spiny dogfish permit under this part.
* * * * *
0
4. In Sec. 648.235, revise paragraph (a) introductory text and
paragraph (b), and remove paragraph (c).
The revisions read as follows:
Sec. 648.235 Spiny dogfish possession and landing restrictions.
(a) Possession limit. Vessels issued a valid Federal spiny dogfish
permit under Sec. 648.4(a)(11) may:
* * * * *
(b) Regulations governing the harvest, possession, landing,
purchase, and sale of shark fins are found at part 600, subpart N, of
this chapter.
[FR Doc. 2014-07976 Filed 4-9-14; 8:45 am]
BILLING CODE 3510-22-P
