Fisheries of the Northeastern United States; Atlantic Spiny Dogfish Fishery; 2022 Specifications and Trip Limit Adjustment, 10762-10763 [2022-04042]

Download as PDF 10762 Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Proposed Rules ‘‘While we anticipate changes to the number of respondents and our active time estimates for the Part C and Part D applications, if this proposal is finalized we would revise control numbers 0938– 0935 (CMS–10237) and 0938–0936 (CMS–10137) for the 2025 plan year application and prior to the effective date of the requirement. The CMS– 10237 and CMS–10137 collection of information materials would be made available to the public for review/ comment under the standard PRA process which includes the publication of 60- and 30-day Federal Register notices and the posting of the collection of information documents on our PRA website.’’ Karuna Seshasai, Executive Secretary to the Department, Department of Health and Human Services. [FR Doc. 2022–03966 Filed 2–24–22; 8:45 am] BILLING CODE 4120–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 220222–0052] RIN 0648–BL15 Fisheries of the Northeastern United States; Atlantic Spiny Dogfish Fishery; 2022 Specifications and Trip Limit Adjustment National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. AGENCY: NMFS proposes Atlantic spiny dogfish specifications for the 2022 fishing year, and an adjustment to the commercial trip limit, as recommended by the Mid-Atlantic and New England Fishery Management Councils. This action is necessary to establish allowable harvest levels and other management measures to prevent overfishing while enabling optimum yield, using the best scientific information available. This rulemaking also informs the public of the proposed fishery action and provides an opportunity for comment. DATES: Comments must be received by March 14, 2022. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2022–0008, by the following method: lotter on DSK11XQN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 16:13 Feb 24, 2022 Jkt 256001 Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. 1. Go to https://www.regulations.gov, and enter ‘‘NOAA–NMFS–2022–0008’’ in the Search box; 2. Click the ‘‘Comment’’ icon, complete the required fields; and 3. 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 www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), 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). If you are unable to submit your comment through www.regulations.gov, contact Cynthia Ferrio, Fishery Policy Analyst, Cynthia.Ferrio@noaa.gov. 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 https://www.mafmc.org/ supporting-documents. FOR FURTHER INFORMATION CONTACT: Cynthia Ferrio, Fishery Policy Analyst, (978) 281–9180. SUPPLEMENTARY INFORMATION: Background The Mid-Atlantic and New England Fishery Management Councils jointly manage the Atlantic Spiny Dogfish Fishery Management Plan (FMP), with the Mid-Atlantic Council acting as the administrative lead. Additionally, the Atlantic States Marine Fisheries Commission manages the spiny dogfish fishery in state waters from Maine to North Carolina through an interstate fishery management plan. The federal FMP requires the specification of an acceptable biological catch (ABC), annual catch limit (ACL), annual catch target (ACT), total allowable landings (TAL), and a coastwide commercial quota. These limits and other related management measures may be set for up to five fishing years at a time, with each fishing year running from May 1 through April 30. This action proposes PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 status quo specifications for fishing year 2022, and an increased commercial trip limit for the Atlantic spiny dogfish fishery, as recommended by the Councils. The spiny dogfish fishery is currently operating under multi-year specifications for fishing years 2021 and 2022 based on a 2020 assessment update and the Mid-Atlantic Council’s updated risk policy. The 2021 trawl survey conducted by the Northeast Fisheries Science Center showed little change from recent years in the spiny dogfish stock. As a result, the Mid-Atlantic Council’s Scientific and Statistical Committee (SSC), the Spiny Dogfish Monitoring Committee, and the Joint Spiny Dogfish Committee (which includes members from both Councils) all agreed that no changes are necessary to the previously-projected specifications for fishing year 2022. Upon review, both Councils also recommended status quo catch specifications for 2022. During meetings of the Spiny Dogfish Advisory Panel and Committees in 2021, industry representatives requested an increase in the federal commercial trip limit as a way to provide more economic stability and opportunity to fully achieve the commercial quotas provided to the fishery. The commercial fishery has consistently harvested less than 60 percent of the coastwide quota in the past five years (with one exception in 2019 when there was a substantially smaller quota). Changes to the trip limit have been considered in recent years without action to this point. The different management committees decided that a moderate increase of 25 percent could provide the requested flexibility and opportunity while minimizing risk of negative impacts to the resource or markets. Both Councils reviewed and approved this decision at their respective meetings in October and December 2021, and recommended increasing the 6,000-lb (2,722-kg) commercial trip limit to 7,500 lb (3,402 kg) through this proposed action. Proposed Measures This action proposes the Councils’ recommendations for status quo 2022 spiny dogfish specifications (Table 1), and a 25-percent increase to the commercial trip limit from 6,000 lb (2,722 kg) per trip to 7,500 lb (3,402 kg) per trip. These proposed measures are consistent with the SSC, Joint Committee, and Monitoring Committee recommendations (Table 1). E:\FR\FM\25FEP1.SGM 25FEP1 Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Proposed Rules The Councils conducted an TABLE 1—PROPOSED STATUS QUO SPINY DOGFISH FISHERY SPECIFICA- evaluation of the potential socioeconomic impacts of the proposed TIONS FOR FISHING YEAR 2022 measures in conjunction with a SIR. The proposed action would maintain status quo specifications for fishing year 2022, Million lb Metric tons and would increase the vessel possession limit of spiny dogfish per ABC .......... 38.58 17,498 trip by 25 percent. ACL = ACT 38.48 17,453 This proposed action would affect TAL ........... 29.68 13,461 entities that participate in commercial Commercial Quota .... 29.56 13,408 spiny dogfish fishing (those that hold commercial spiny dogfish permits). Vessels may hold multiple fishing There is a research track stock permits and some entities own multiple assessment in progress for Atlantic vessels and/or permits. According to the spiny dogfish. This assessment is Northeast Fisheries Science Center expected to inform development of the commercial ownership database, 1,934 next set of specifications beginning in separate vessels held commercial spiny fishing year 2023. dogfish permits in 2020, the most recent Classification year of fully available data. A total of Pursuant to section 304(b)(1)(A) of the 1,513 commercial entities owned those Magnuson Stevens Fishery Conservation permitted vessels, and of those entities, 1,504 are categorized as small and Management Act (Magnusonbusinesses, and 9 as large businesses. Stevens Act), the NMFS Assistant The proposed specifications are Administrator has determined that this expected to provide similar fishing proposed rule is consistent with the opportunities when compared to the Atlantic Spiny Dogfish FMP, other previous fishing year as no annual catch provisions of the Magnuson-Stevens limits are changing. The trip limit Act, and other applicable law, subject to adjustment is expected to provide further consideration after public increased operational flexibility and comment. opportunity to fully harvest the The Councils reviewed the proposed coastwide quota without increasing risk regulations for this action and deemed to the resource or substantially changing them necessary and appropriate to fishing behavior. Entities issued a implement consistent with section commercial spiny dogfish permit may 303(c) of the Magnuson-Stevens Act. experience a slight positive impact This proposed rule has been related to the potential for higher determined to be not significant for landings each trip. However, effort in purposes of Executive Order 12866. the fishery remains dependent on The Chief Counsel for Regulation of market conditions and pricing rather the Department of Commerce certified than management measures such as trip to the Chief Counsel for Advocacy of the limits. As such, the proposed action is Small Business Administration that this not expected to have an impact on the proposed rule, if adopted, would not way the fishery operates or the revenue have a significant economic impact on of small entities. a substantial number of small entities. Overall, analyses indicate that the The factual basis for this determination overall economic impact of this is as follows. proposed action is expected to be lotter on DSK11XQN23PROD with PROPOSALS1 2021–2022 VerDate Sep<11>2014 16:13 Feb 24, 2022 Jkt 256001 PO 00000 Frm 00045 Fmt 4702 Sfmt 9990 10763 slightly positive, and that these measures are not expected to substantially change fishing effort, the risk of overfishing, prices/revenues, or fishery behavior. Therefore, the Councils concluded, and NMFS agrees, that this action would not have a significant adverse impact on a substantial number of small businesses. As a result, an initial regulatory flexibility analysis is not required and none has been prepared. This action would not establish any new reporting or record-keeping requirements. 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: February 22, 2022. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 648 is proposed to be amended 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 § 648.235, revise paragraph (a)(1) to read as follows: ■ § 648.235 Spiny dogfish possession and landing restrictions. (a) * * * (1) Possess up to 7,500 lb (3,402 kg) of spiny dogfish per trip; and * * * * * [FR Doc. 2022–04042 Filed 2–24–22; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\25FEP1.SGM 25FEP1

Agencies

[Federal Register Volume 87, Number 38 (Friday, February 25, 2022)]
[Proposed Rules]
[Pages 10762-10763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04042]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 220222-0052]
RIN 0648-BL15


Fisheries of the Northeastern United States; Atlantic Spiny 
Dogfish Fishery; 2022 Specifications and Trip Limit Adjustment

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

ACTION: Proposed rule; request for comments.

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

SUMMARY: NMFS proposes Atlantic spiny dogfish specifications for the 
2022 fishing year, and an adjustment to the commercial trip limit, as 
recommended by the Mid-Atlantic and New England Fishery Management 
Councils. This action is necessary to establish allowable harvest 
levels and other management measures to prevent overfishing while 
enabling optimum yield, using the best scientific information 
available. This rulemaking also informs the public of the proposed 
fishery action and provides an opportunity for comment.

DATES: Comments must be received by March 14, 2022.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2022-0008, by the following method:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal.
    1. Go to https://www.regulations.gov, and enter ``NOAA-NMFS-2022-
0008'' in the Search box;
    2. Click the ``Comment'' icon, complete the required fields; and
    3. 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 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), 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). If you are unable to submit your comment through 
www.regulations.gov, contact Cynthia Ferrio, Fishery Policy Analyst, 
[email protected].
    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 https://www.mafmc.org/supporting-documents.

FOR FURTHER INFORMATION CONTACT: Cynthia Ferrio, Fishery Policy 
Analyst, (978) 281-9180.

SUPPLEMENTARY INFORMATION:

Background

    The Mid-Atlantic and New England Fishery Management Councils 
jointly manage the Atlantic Spiny Dogfish Fishery Management Plan 
(FMP), with the Mid-Atlantic Council acting as the administrative lead. 
Additionally, the Atlantic States Marine Fisheries Commission manages 
the spiny dogfish fishery in state waters from Maine to North Carolina 
through an interstate fishery management plan. The federal FMP requires 
the specification of an acceptable biological catch (ABC), annual catch 
limit (ACL), annual catch target (ACT), total allowable landings (TAL), 
and a coastwide commercial quota. These limits and other related 
management measures may be set for up to five fishing years at a time, 
with each fishing year running from May 1 through April 30. This action 
proposes status quo specifications for fishing year 2022, and an 
increased commercial trip limit for the Atlantic spiny dogfish fishery, 
as recommended by the Councils.
    The spiny dogfish fishery is currently operating under multi-year 
specifications for fishing years 2021 and 2022 based on a 2020 
assessment update and the Mid-Atlantic Council's updated risk policy. 
The 2021 trawl survey conducted by the Northeast Fisheries Science 
Center showed little change from recent years in the spiny dogfish 
stock. As a result, the Mid-Atlantic Council's Scientific and 
Statistical Committee (SSC), the Spiny Dogfish Monitoring Committee, 
and the Joint Spiny Dogfish Committee (which includes members from both 
Councils) all agreed that no changes are necessary to the previously-
projected specifications for fishing year 2022. Upon review, both 
Councils also recommended status quo catch specifications for 2022.
    During meetings of the Spiny Dogfish Advisory Panel and Committees 
in 2021, industry representatives requested an increase in the federal 
commercial trip limit as a way to provide more economic stability and 
opportunity to fully achieve the commercial quotas provided to the 
fishery. The commercial fishery has consistently harvested less than 60 
percent of the coastwide quota in the past five years (with one 
exception in 2019 when there was a substantially smaller quota). 
Changes to the trip limit have been considered in recent years without 
action to this point. The different management committees decided that 
a moderate increase of 25 percent could provide the requested 
flexibility and opportunity while minimizing risk of negative impacts 
to the resource or markets. Both Councils reviewed and approved this 
decision at their respective meetings in October and December 2021, and 
recommended increasing the 6,000-lb (2,722-kg) commercial trip limit to 
7,500 lb (3,402 kg) through this proposed action.

Proposed Measures

    This action proposes the Councils' recommendations for status quo 
2022 spiny dogfish specifications (Table 1), and a 25-percent increase 
to the commercial trip limit from 6,000 lb (2,722 kg) per trip to 7,500 
lb (3,402 kg) per trip. These proposed measures are consistent with the 
SSC, Joint Committee, and Monitoring Committee recommendations (Table 
1).

[[Page 10763]]



  Table 1--Proposed Status Quo Spiny Dogfish Fishery Specifications for
                            Fishing Year 2022
------------------------------------------------------------------------
                                                     2021-2022
                                         -------------------------------
                                            Million lb      Metric tons
------------------------------------------------------------------------
ABC.....................................           38.58          17,498
ACL = ACT...............................           38.48          17,453
TAL.....................................           29.68          13,461
Commercial Quota........................           29.56          13,408
------------------------------------------------------------------------

    There is a research track stock assessment in progress for Atlantic 
spiny dogfish. This assessment is expected to inform development of the 
next set of specifications beginning in fishing year 2023.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), the NMFS 
Assistant Administrator has determined that this proposed rule is 
consistent with the Atlantic Spiny Dogfish FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law, subject to further 
consideration after public comment.
    The Councils reviewed the proposed regulations for this action and 
deemed them necessary and appropriate to implement consistent with 
section 303(c) of the Magnuson-Stevens Act.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief 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.
    The Councils conducted an evaluation of the potential socioeconomic 
impacts of the proposed measures in conjunction with a SIR. The 
proposed action would maintain status quo specifications for fishing 
year 2022, and would increase the vessel possession limit of spiny 
dogfish per trip by 25 percent.
    This proposed action would affect entities that participate in 
commercial spiny dogfish fishing (those that hold commercial 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, 1,934 
separate vessels held commercial spiny dogfish permits in 2020, the 
most recent year of fully available data. A total of 1,513 commercial 
entities owned those permitted vessels, and of those entities, 1,504 
are categorized as small businesses, and 9 as large businesses.
    The proposed specifications are expected to provide similar fishing 
opportunities when compared to the previous fishing year as no annual 
catch limits are changing. The trip limit adjustment is expected to 
provide increased operational flexibility and opportunity to fully 
harvest the coastwide quota without increasing risk to the resource or 
substantially changing fishing behavior. Entities issued a commercial 
spiny dogfish permit may experience a slight positive impact related to 
the potential for higher landings each trip. However, effort in the 
fishery remains dependent on market conditions and pricing rather than 
management measures such as trip limits. As such, the proposed action 
is not expected to have an impact on the way the fishery operates or 
the revenue of small entities.
    Overall, analyses indicate that the overall economic impact of this 
proposed action is expected to be slightly positive, and that these 
measures are not expected to substantially change fishing effort, the 
risk of overfishing, prices/revenues, or fishery behavior. Therefore, 
the Councils concluded, and NMFS agrees, that this action would not 
have a significant adverse impact on a substantial number of small 
businesses. As a result, an initial regulatory flexibility analysis is 
not required and none has been prepared.
    This action would not establish any new reporting or record-keeping 
requirements.
    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: February 22, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 648 is 
proposed to be amended 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.  648.235, revise paragraph (a)(1) to read as follows:


Sec.  648.235  Spiny dogfish possession and landing restrictions.

    (a) * * *
    (1) Possess up to 7,500 lb (3,402 kg) of spiny dogfish per trip; 
and
* * * * *
[FR Doc. 2022-04042 Filed 2-24-22; 8:45 am]
BILLING CODE 3510-22-P