Fisheries of the Northeastern United States; Atlantic Spiny Dogfish Fishery; 2024 Specifications Emergency Measures, 44924-44927 [2024-11024]
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44924
Federal Register / Vol. 89, No. 100 / Wednesday, May 22, 2024 / Rules and Regulations
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
security zone that would prohibit
vessels and persons from stopping or
landing within 100 yards of the United
States Coast Guard base on Trumbo
Point Annex. It is categorically excluded
from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. A Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
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List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
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PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
■
2. Add § 165.764 to read as follows:
§ 165.764 Security Zone; Coast Guard
Sector Key West, Trumbo Point Annex, Key
West Harbor, Key West, FL.
(a) Location. The following area is a
security zone: All waters within 100
yards of the Coast Guard Sector Key
West, from surface to bottom,
encompassed by a line that extends
north 100 yards into the Fleming Key
Channel from point 24°34′02″ N,
81°47′52.7″ W; thence westerly,
maintaining 100 yards from the Coast
Guard property; thence southerly, 100
yards from the end of the piers to
24°33′50.6″ N 81°48′11.0″ W; thence
easterly to 24°33′48.8″ N, 081°47′54.8″
W, and along the shore line back to the
beginning point. These coordinates are
based on North American Datum 1983.
(b) Definitions. As used in this
section, vessel means every description
of watercraft or other artificial
contrivance used, or capable of being
used, as a means of transportation on
water, except U.S. Coast Guard or U.S.
naval vessels.
(c) Regulations. (1) Under the general
security zone regulations in subpart D of
this part, no person or vessel may enter
or remain in the security zone described
in paragraph (a) of this section without
the permission of the Captain of the
Port, other than Government-owned
vessels.
(2) While anchoring, loitering, or
fishing activities are prohibited, vessels
may transit the following portions of the
security zone at safe speed:
(i) Fleming Key Cut, extending from
the northwest corner of Pier D–3 of U.S.
Coast Guard Key West, eastward
beneath the Fleming Key bridge.
(ii) Key West Bight Channel, which
extends easterly from the Main Ship
Channel into Key West Bight, the
northerly edge of which channel passes
25 feet south of the U.S. Coast Guard
Sector Key West piers on the north side
of the Bight.
Jason D. Ingram,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Key West.
[FR Doc. 2024–11252 Filed 5–21–24; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 240514–0138; RTID 0648–
XD841]
Fisheries of the Northeastern United
States; Atlantic Spiny Dogfish Fishery;
2024 Specifications Emergency
Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; emergency
action; request for comments.
AGENCY:
This emergency rule
implements 2024 specifications for the
Atlantic spiny dogfish fishery. This
action is necessary to establish
allowable harvest levels for the spiny
dogfish fishery to prevent overfishing
while minimizing adverse economic
impacts on fishing communities, using
the best scientific information available.
DATES: Effective May 21, 2024, through
November 18, 2024. Comments must be
received by June 21, 2024.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2024–0063 by the following
method:
Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
NOAA–NMFS–2024–0063 in the Search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
Instructions: Comments sent by
another 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 part of the public record
and will generally be posted for public
viewing on https://www.regulation.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).
The Mid-Atlantic Fishery
Management Council prepared an
environmental assessment (EA) for these
specifications that describes the action,
other considered alternatives, and
analyses of the impacts of all
alternatives. Copies of the specifications
SUMMARY:
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document, including the EA, are
available on request from Dr.
Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery
Management Council, Suite 201, 800
North State Street, Dover, DE 19901.
These documents are also accessible via
the internet at https://www.mafmc.org/
action-archive.
FOR FURTHER INFORMATION CONTACT:
Emily Keiley, Fishery Policy Analyst,
(978) 281–9116, emily.keiley@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
The Mid-Atlantic and New England
Fishery Management Councils
(Councils) jointly manage the Atlantic
Spiny Dogfish Fishery Management
Plan (FMP), with the Mid-Atlantic
Council acting as the administrative
lead. 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 implementing regulations for the
Federal FMP are found at 50 CFR part
648 subpart L, and require the
specification of regulatory harvest
limits, including an acceptable
biological catch (ABC), annual catch
limit (ACL), annual catch target (ACT),
total allowable landings, and a
coastwide commercial quota. These
limits and other 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.
Due to concerns related to national
standard 8 of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act), we are
issuing this temporary emergency rule
to implement Atlantic spiny dogfish
specifications for the 2024 fishing year.
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Council Recommended Specifications
In October 2023, the Mid-Atlantic
Council’s Science and Statistical
Committee (SSC) set spiny dogfish
ABCs for 2024–2026 based on the 2023
management track assessment. The
Spiny Dogfish Monitoring Committee
recommended specifications in
November 2023, followed by
recommendations from the joint Spiny
Dogfish Committee. The Mid-Atlantic
Council adopted 2024–2026
specifications at its December 2023
meeting and the New England Council
adopted identical 2024–2026
specifications at its January 2024
meeting.
The Mid-Atlantic Council’s Risk
Policy specifies an acceptable risk for
overfishing. The risk policy works in
conjunction with the SSC’s application
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of the Mid-Atlantic Council’s ABC
control rule to account for scientific
uncertainty when determining ABCs.
For a stock slightly above its biomass
target, such as spiny dogfish, the risk
policy dictates achieving a 54-percent
chance of not overfishing. Using the
stock assessment and associated
projection methods, the SSC applied the
Council’s risk policy to generate the
2024–2026 ABCs. The Spiny Dogfish
Monitoring Committee recommended
reductions for Canadian landings and
U.S. recreational landings as well as
model-based projected discard setasides. The specifications recommended
by the Monitoring Committee result in
a commercial quota of 4,605 metric tons
(mt; 10.1 million pounds (lb)) for 2024.
The size of this quota was a significant
concern for the spiny dogfish industry
and, ultimately, both Councils.
Representatives of the commercial spiny
dogfish industry indicated to the
Councils that another reduction beyond
that already taken in 2023, particularly
a reduction that brings the quota
substantially below 12 million lb (5,443
mt), could be devastating for what
remains of the industry. Industry
testimony has cited a level close to 12
million lb (5,443 mt) as a threshold for
the minimum commercial quota
necessary for the sole remaining
commercial spiny dogfish processor to
remain economically viable.
Research track (December 2022) and
management track (September 2023)
stock assessments were recently
completed for spiny dogfish. Initial
findings from the research track
assessment indicated that recruitment
and biomass were trending downward
and that the stock may be experiencing
overfishing. However, the more recent
management track assessment found
that, with updated data and indices, the
stock is not currently overfished or
experiencing overfishing and remains
above its biomass target. Even so, in
response to the results of these
assessments and using the Mid-Atlantic
Council’s Risk Policy, the SSC
recommended an 8-percent decrease to
the 2024 ABC (resulting in a 15-percent
decrease in the commercial quota), but
as noted above, these decreases create a
significant risk of the collapse of the
fishery in light of the recent loss of the
last southern processing facility.
Given concerns about the commercial
quota level in 2024, the Councils
considered alternative approaches to
setting the specifications. Because the
Councils cannot set an ABC above the
SSC recommendation, they opted to use
a discard estimate that was different
from the Monitoring Committee’s
recommendation. The Councils
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44925
considered several approaches and
ultimately decided to use the 2022
discard estimate as a proxy for predicted
discards in 2024. The 2022 estimate of
discards represents the lowest level in
the time series, and using 2022 discards
as a proxy results in a lower value of
predicted discards than the model-based
estimate recommended by the
Monitoring Committee. Specifically, the
Monitoring Committee stated that the
model-based discard estimate is
objective and more likely to reflect
actual discards than a recent 3-year
average or the most recent year (2022)
estimate. The modeled discards
integrate the historic discard
information as well as the trends in
biomass forecasted by the model. The
Councils did not identify a compelling
reason why the single-year 2022
estimate should be more predictive of
2024 discards than the model-based
estimate recommended by the
Monitoring Committee. While the lower
discard estimate recommended by the
Councils did result in a higher
commercial quota, we agree with the
Monitoring Committee, that it is not
based on the best available science. As
a result, we are unable to approve the
Councils’ recommended 2024
specifications with the lower discard
estimate, as they violate national
standard 2.
Justification for Emergency Action
Section 305(c) of the MagnusonStevens Act authorizes us to take
‘‘emergency’’ action to address
situations that result from recent,
unforeseen events or recently
discovered circumstances. NMFS’
policy guidelines for the use of
emergency rules (62 FR 44421, August
21, 1997) specify the following three
criteria that define what an emergency
situation is, and justification for final
rulemaking: (1) The emergency results
from recent, unforeseen events or
recently discovered circumstances; (2)
the emergency presents serious
conservation or management problems
in the fishery; and (3) the emergency
can be addressed through emergency
regulations for which the immediate
benefits outweigh the value of advance
notice, public comment, and
deliberative consideration of the
impacts on participants to the same
extent as would be expected under the
normal rulemaking process. NMFS’
policy guidelines further provide that
emergency action is justified for certain
situations where emergency action
would prevent significant direct
economic loss, to preserve a significant
economic opportunity that otherwise
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Federal Register / Vol. 89, No. 100 / Wednesday, May 22, 2024 / Rules and Regulations
might be foregone, or to prevent
significant community impacts.
The emergency here results from
recent, unforeseen events and recently
discovered circumstances of commercial
dogfish quotas being too low to support
the fishery in light of the recent closure
of one of the last two processing
facilities for the fishery. Industry and
fishery stakeholders continue to express
their concern with any further reduction
in annual commercial quotas, indicating
that the supply chain for spiny dogfish
remains vulnerable to disruption. This
summer, one of the last two remaining
dogfish processors, and the last major
southern processor, unexpectedly
closed. Testimony during the recent
Council meetings suggests that overly
restrictive commercial dogfish quotas
will irreparably harm the fishery, and
may cause the closure of the last
remaining processing facility, which
would likely end the commercial fishery
and result in significant socioeconomic
impacts to the fishing communities that
rely on this resource. This testimony
and industry feedback suggests that
commercial quotas notably under 12
million lb (5,443 mt) will be insufficient
to sustain what remains of the
processing capacity in this fishery. If the
sole remaining processor shuts down
due to insufficient volume and inability
to sustain the European market, it is
unlikely that any other facilities would
process high volumes of dogfish,
resulting in the potential collapse of the
commercial spiny dogfish fishery and
significant social and economic impacts
on fishing communities.
The emergency presents serious
management problems for the fishery.
The industry’s reliance on a sole
operational high-volume processing
facility, and the concerns that quotas set
below a reasonable threshold would
lead to that processor ceasing its dogfish
processing operations, lead to concerns
under national standard 8 regarding the
ability of the dogfish fishery, and the
communities that depend upon it, to
continue to participate in the fishery.
Consistent with the provisions of
national standard 1, that we prevent
overfishing, and national standard 2,
that we base management measures on
the best scientific information available,
we are also, consistent with national
standard 8, taking into account the
importance of a viable spiny dogfish
fishery in an effort to minimize adverse
economic impacts on the communities
that depend on this fishery.
In this context, the use of the
emergency rulemaking provisions to
allow for slightly higher quotas is
intended to prevent the collapse of the
dogfish fishery, a significant concern
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that outweighs the immediate benefits
of advance notice and public comment
under a normal rulemaking process.
2024 Spiny Dogfish Specifications
Given the significant concerns raised
by the fishing industry and the risk to
the associated fishing communities, we
are taking emergency action to set 2024
spiny dogfish specifications at levels
higher than the SSC recommendation
for 2024. The Councils’ approach to
address national standard 8 and to
achieve a higher commercial quota in
2024 by using the 2022 discard estimate
as the basis for 2024 predicted discards
was not based on the best available
science, which as noted above, violates
national standard 2. While the Councils
are constrained in their capacity to
address this issue given that their
recommendation cannot exceed the
SSC’s recommended ABC, that
restriction applies only to the Councils
and NMFS is able to set an ABC higher
than the SSC recommendation, so long
as the probability of overfishing is 50
percent or less, consistent with national
standard 1. Here, setting the ABC equal
to the OFL of 7,818 mt (17.24 million lb)
would result in no more than a 50percent chance of overfishing. Using the
Monitoring Committee’s recommended
model-based values for discards, and
accounting for expected recreational
landings, the resulting 2024 commercial
quota is 5,140 mt (11.3 million lb) (table
1). The higher quota level is expected to
have social and economic benefits,
while still meeting our national
standard 1 mandate to prevent
overfishing and use the best scientific
information available.
TABLE 1—FINAL ATLANTIC SPINY
DOGFISH SPECIFICATIONS FOR FY2024
Final 2024 Atlantic
spiny dogfish
specifications
OFL .............................
ABC ............................
Canadian Landings .....
Domestic ABC ............
ACL .............................
Management Uncertainty Buffer .............
Amount of buffer .........
ACT .............................
U.S. Discards ..............
TAL .............................
U.S. Recreational
Landings ..................
Commercial Quota ......
2024
lb
mt
17,235,719
17,235,719
79,366
17,156,353
17,156,353
7,818
7,818
36
7,782
7,782
0
0
17,156,353
5,577,698
11,578,664
0
0
7,782
2,530
5,252
246,917
11,331,747
112
5,140
This action makes no changes to the
7,500-lb (3,402-kg) trip limit.
We will consider the Councils’
recommended specifications for 2025
and 2026 in subsequent
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rulemakings.This emergency action is
intended to provide a 1-year bridge,
with a slightly higher risk of overfishing
on a healthy stock above its biomass
target, to mitigate the potential longterm adverse economic and social
impact should the fishery lose access to
its sole remaining commercial
processor.
Renewal of Emergency Measures
The Magnuson-Stevens Act limits
NMFS’ authority to implement interim
measures for an initial period of 180
days, with a potential extension up to
an additional 186 days, if warranted.
The public has an opportunity to
comment on the initial emergency
management measures in this temporary
rule (see ADDRESSES). After considering
public comments on this rule, NMFS
may extend the interim measures for
one additional period of not more than
186 days to maintain these measures for
the remainder of the 2024 fishing year.
Classification
The Assistant Administrator for
Fisheries, NOAA, has determined that
this rule is necessary to respond to an
emergency and is consistent with the
national standards and other provisions
of the Magnuson-Stevens Act and other
applicable laws. The interim measures
in this rule may be extended for a
period of not more than 186 days as
provided under section 305(c)(3)(B) of
the Magnuson-Stevens Act.
The Assistant Administrator for
Fisheries, NOAA, finds it unnecessary
and contrary to the public interest to
provide prior notice and an opportunity
for public comment. Similarly, the need
to implement these measures in a timely
manner constitutes good cause to make
the rule effective immediately upon
filing for public inspection with the
Office of the Federal Register. The need
to ensure that these emergency
specifications are in place as early as
possible into the 2024 spiny dogfish
fishing year constitutes good cause
under the authority contained in 5
U.S.C. 553(d)(3) to waive the 30-day
delay in the effective date of this action.
The 2024 fishing year began on May 1,
2024. The higher quota that carried over
from 2023 until replaced by this rule
carries an increased risk of overfishing,
and is not consistent with the best
available scientific information to
prevent overfishing with at least a 50percent probability. A delay in the date
of effectiveness would be contrary to the
public interest as it could create
confusion in the spiny dogfish industry
around current quotas, and with state
agencies as they prepare their annual
management measures. Furthermore,
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regulated parties do not require any
additional time to come into compliance
with this rule, and thus, a 30-day delay
before the emergency rule becomes
effective does not provide any benefit.
Unlike actions that require an
adjustment period, spiny dogfish fishing
vessels will not have to purchase new
equipment or otherwise expend time or
money to comply with these
management measures. Rather,
complying with this emergency rule
simply means adhering to the new catch
limits set for the 2024 fishing year. For
these reasons, there is good cause not to
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delay this emergency rule’s
effectiveness, consistent with 5 U.S.C.
553(d)(3), and to implement this action
immediately. This rule is being issued at
the earliest possible date, as NMFS
received the Councils’ Environmental
Assessment for this action on May 7,
2024.
This action is being taken pursuant to
the emergency provision of the
Magnuson-Stevens Act and is exempt
from OMB review.
This emergency rule is exempt from
the procedures of the Regulatory
Flexibility Act because the rule is issued
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44927
without opportunity for prior notice and
opportunity for public comment.
This emergency rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 15, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2024–11024 Filed 5–21–24; 8:45 am]
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]]>Agencies
[Federal Register Volume 89, Number 100 (Wednesday, May 22, 2024)]
[Rules and Regulations]
[Pages 44924-44927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11024]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 240514-0138; RTID 0648-XD841]
Fisheries of the Northeastern United States; Atlantic Spiny
Dogfish Fishery; 2024 Specifications Emergency Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; emergency action; request for comments.
-----------------------------------------------------------------------
SUMMARY: This emergency rule implements 2024 specifications for the
Atlantic spiny dogfish fishery. This action is necessary to establish
allowable harvest levels for the spiny dogfish fishery to prevent
overfishing while minimizing adverse economic impacts on fishing
communities, using the best scientific information available.
DATES: Effective May 21, 2024, through November 18, 2024. Comments must
be received by June 21, 2024.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2024-0063 by the following method:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and
enter NOAA-NMFS-2024-0063 in the Search box. Click on the ``Comment''
icon, complete the required fields, and enter or attach your comments.
Instructions: Comments sent by another 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 part of the public
record and will generally be posted for public viewing on https://www.regulation.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).
The Mid-Atlantic Fishery Management Council prepared an
environmental assessment (EA) for these specifications that describes
the action, other considered alternatives, and analyses of the impacts
of all alternatives. Copies of the specifications
[[Page 44925]]
document, including the EA, are available on request from Dr.
Christopher M. Moore, Executive Director, Mid-Atlantic Fishery
Management Council, Suite 201, 800 North State Street, Dover, DE 19901.
These documents are also accessible via the internet at https://www.mafmc.org/action-archive.
FOR FURTHER INFORMATION CONTACT: Emily Keiley, Fishery Policy Analyst,
(978) 281-9116, [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Mid-Atlantic and New England Fishery Management Councils
(Councils) jointly manage the Atlantic Spiny Dogfish Fishery Management
Plan (FMP), with the Mid-Atlantic Council acting as the administrative
lead. 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 implementing regulations for
the Federal FMP are found at 50 CFR part 648 subpart L, and require the
specification of regulatory harvest limits, including an acceptable
biological catch (ABC), annual catch limit (ACL), annual catch target
(ACT), total allowable landings, and a coastwide commercial quota.
These limits and other 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.
Due to concerns related to national standard 8 of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act),
we are issuing this temporary emergency rule to implement Atlantic
spiny dogfish specifications for the 2024 fishing year.
Council Recommended Specifications
In October 2023, the Mid-Atlantic Council's Science and Statistical
Committee (SSC) set spiny dogfish ABCs for 2024-2026 based on the 2023
management track assessment. The Spiny Dogfish Monitoring Committee
recommended specifications in November 2023, followed by
recommendations from the joint Spiny Dogfish Committee. The Mid-
Atlantic Council adopted 2024-2026 specifications at its December 2023
meeting and the New England Council adopted identical 2024-2026
specifications at its January 2024 meeting.
The Mid-Atlantic Council's Risk Policy specifies an acceptable risk
for overfishing. The risk policy works in conjunction with the SSC's
application of the Mid-Atlantic Council's ABC control rule to account
for scientific uncertainty when determining ABCs. For a stock slightly
above its biomass target, such as spiny dogfish, the risk policy
dictates achieving a 54-percent chance of not overfishing. Using the
stock assessment and associated projection methods, the SSC applied the
Council's risk policy to generate the 2024-2026 ABCs. The Spiny Dogfish
Monitoring Committee recommended reductions for Canadian landings and
U.S. recreational landings as well as model-based projected discard
set-asides. The specifications recommended by the Monitoring Committee
result in a commercial quota of 4,605 metric tons (mt; 10.1 million
pounds (lb)) for 2024. The size of this quota was a significant concern
for the spiny dogfish industry and, ultimately, both Councils.
Representatives of the commercial spiny dogfish industry indicated to
the Councils that another reduction beyond that already taken in 2023,
particularly a reduction that brings the quota substantially below 12
million lb (5,443 mt), could be devastating for what remains of the
industry. Industry testimony has cited a level close to 12 million lb
(5,443 mt) as a threshold for the minimum commercial quota necessary
for the sole remaining commercial spiny dogfish processor to remain
economically viable.
Research track (December 2022) and management track (September
2023) stock assessments were recently completed for spiny dogfish.
Initial findings from the research track assessment indicated that
recruitment and biomass were trending downward and that the stock may
be experiencing overfishing. However, the more recent management track
assessment found that, with updated data and indices, the stock is not
currently overfished or experiencing overfishing and remains above its
biomass target. Even so, in response to the results of these
assessments and using the Mid-Atlantic Council's Risk Policy, the SSC
recommended an 8-percent decrease to the 2024 ABC (resulting in a 15-
percent decrease in the commercial quota), but as noted above, these
decreases create a significant risk of the collapse of the fishery in
light of the recent loss of the last southern processing facility.
Given concerns about the commercial quota level in 2024, the
Councils considered alternative approaches to setting the
specifications. Because the Councils cannot set an ABC above the SSC
recommendation, they opted to use a discard estimate that was different
from the Monitoring Committee's recommendation. The Councils considered
several approaches and ultimately decided to use the 2022 discard
estimate as a proxy for predicted discards in 2024. The 2022 estimate
of discards represents the lowest level in the time series, and using
2022 discards as a proxy results in a lower value of predicted discards
than the model-based estimate recommended by the Monitoring Committee.
Specifically, the Monitoring Committee stated that the model-based
discard estimate is objective and more likely to reflect actual
discards than a recent 3-year average or the most recent year (2022)
estimate. The modeled discards integrate the historic discard
information as well as the trends in biomass forecasted by the model.
The Councils did not identify a compelling reason why the single-year
2022 estimate should be more predictive of 2024 discards than the
model-based estimate recommended by the Monitoring Committee. While the
lower discard estimate recommended by the Councils did result in a
higher commercial quota, we agree with the Monitoring Committee, that
it is not based on the best available science. As a result, we are
unable to approve the Councils' recommended 2024 specifications with
the lower discard estimate, as they violate national standard 2.
Justification for Emergency Action
Section 305(c) of the Magnuson-Stevens Act authorizes us to take
``emergency'' action to address situations that result from recent,
unforeseen events or recently discovered circumstances. NMFS' policy
guidelines for the use of emergency rules (62 FR 44421, August 21,
1997) specify the following three criteria that define what an
emergency situation is, and justification for final rulemaking: (1) The
emergency results from recent, unforeseen events or recently discovered
circumstances; (2) the emergency presents serious conservation or
management problems in the fishery; and (3) the emergency can be
addressed through emergency regulations for which the immediate
benefits outweigh the value of advance notice, public comment, and
deliberative consideration of the impacts on participants to the same
extent as would be expected under the normal rulemaking process. NMFS'
policy guidelines further provide that emergency action is justified
for certain situations where emergency action would prevent significant
direct economic loss, to preserve a significant economic opportunity
that otherwise
[[Page 44926]]
might be foregone, or to prevent significant community impacts.
The emergency here results from recent, unforeseen events and
recently discovered circumstances of commercial dogfish quotas being
too low to support the fishery in light of the recent closure of one of
the last two processing facilities for the fishery. Industry and
fishery stakeholders continue to express their concern with any further
reduction in annual commercial quotas, indicating that the supply chain
for spiny dogfish remains vulnerable to disruption. This summer, one of
the last two remaining dogfish processors, and the last major southern
processor, unexpectedly closed. Testimony during the recent Council
meetings suggests that overly restrictive commercial dogfish quotas
will irreparably harm the fishery, and may cause the closure of the
last remaining processing facility, which would likely end the
commercial fishery and result in significant socioeconomic impacts to
the fishing communities that rely on this resource. This testimony and
industry feedback suggests that commercial quotas notably under 12
million lb (5,443 mt) will be insufficient to sustain what remains of
the processing capacity in this fishery. If the sole remaining
processor shuts down due to insufficient volume and inability to
sustain the European market, it is unlikely that any other facilities
would process high volumes of dogfish, resulting in the potential
collapse of the commercial spiny dogfish fishery and significant social
and economic impacts on fishing communities.
The emergency presents serious management problems for the fishery.
The industry's reliance on a sole operational high-volume processing
facility, and the concerns that quotas set below a reasonable threshold
would lead to that processor ceasing its dogfish processing operations,
lead to concerns under national standard 8 regarding the ability of the
dogfish fishery, and the communities that depend upon it, to continue
to participate in the fishery. Consistent with the provisions of
national standard 1, that we prevent overfishing, and national standard
2, that we base management measures on the best scientific information
available, we are also, consistent with national standard 8, taking
into account the importance of a viable spiny dogfish fishery in an
effort to minimize adverse economic impacts on the communities that
depend on this fishery.
In this context, the use of the emergency rulemaking provisions to
allow for slightly higher quotas is intended to prevent the collapse of
the dogfish fishery, a significant concern that outweighs the immediate
benefits of advance notice and public comment under a normal rulemaking
process.
2024 Spiny Dogfish Specifications
Given the significant concerns raised by the fishing industry and
the risk to the associated fishing communities, we are taking emergency
action to set 2024 spiny dogfish specifications at levels higher than
the SSC recommendation for 2024. The Councils' approach to address
national standard 8 and to achieve a higher commercial quota in 2024 by
using the 2022 discard estimate as the basis for 2024 predicted
discards was not based on the best available science, which as noted
above, violates national standard 2. While the Councils are constrained
in their capacity to address this issue given that their recommendation
cannot exceed the SSC's recommended ABC, that restriction applies only
to the Councils and NMFS is able to set an ABC higher than the SSC
recommendation, so long as the probability of overfishing is 50 percent
or less, consistent with national standard 1. Here, setting the ABC
equal to the OFL of 7,818 mt (17.24 million lb) would result in no more
than a 50-percent chance of overfishing. Using the Monitoring
Committee's recommended model-based values for discards, and accounting
for expected recreational landings, the resulting 2024 commercial quota
is 5,140 mt (11.3 million lb) (table 1). The higher quota level is
expected to have social and economic benefits, while still meeting our
national standard 1 mandate to prevent overfishing and use the best
scientific information available.
Table 1--Final Atlantic Spiny Dogfish Specifications for FY2024
------------------------------------------------------------------------
2024
Final 2024 Atlantic spiny dogfish specifications --------------------
lb mt
------------------------------------------------------------------------
OFL................................................ 17,235,719 7,818
ABC................................................ 17,235,719 7,818
Canadian Landings.................................. 79,366 36
Domestic ABC....................................... 17,156,353 7,782
ACL................................................ 17,156,353 7,782
Management Uncertainty Buffer...................... 0 0
Amount of buffer................................... 0 0
ACT................................................ 17,156,353 7,782
U.S. Discards...................................... 5,577,698 2,530
TAL................................................ 11,578,664 5,252
U.S. Recreational Landings......................... 246,917 112
Commercial Quota................................... 11,331,747 5,140
------------------------------------------------------------------------
This action makes no changes to the 7,500-lb (3,402-kg) trip limit.
We will consider the Councils' recommended specifications for 2025
and 2026 in subsequent rulemakings.This emergency action is intended to
provide a 1-year bridge, with a slightly higher risk of overfishing on
a healthy stock above its biomass target, to mitigate the potential
long-term adverse economic and social impact should the fishery lose
access to its sole remaining commercial processor.
Renewal of Emergency Measures
The Magnuson-Stevens Act limits NMFS' authority to implement
interim measures for an initial period of 180 days, with a potential
extension up to an additional 186 days, if warranted. The public has an
opportunity to comment on the initial emergency management measures in
this temporary rule (see ADDRESSES). After considering public comments
on this rule, NMFS may extend the interim measures for one additional
period of not more than 186 days to maintain these measures for the
remainder of the 2024 fishing year.
Classification
The Assistant Administrator for Fisheries, NOAA, has determined
that this rule is necessary to respond to an emergency and is
consistent with the national standards and other provisions of the
Magnuson-Stevens Act and other applicable laws. The interim measures in
this rule may be extended for a period of not more than 186 days as
provided under section 305(c)(3)(B) of the Magnuson-Stevens Act.
The Assistant Administrator for Fisheries, NOAA, finds it
unnecessary and contrary to the public interest to provide prior notice
and an opportunity for public comment. Similarly, the need to implement
these measures in a timely manner constitutes good cause to make the
rule effective immediately upon filing for public inspection with the
Office of the Federal Register. The need to ensure that these emergency
specifications are in place as early as possible into the 2024 spiny
dogfish fishing year constitutes good cause under the authority
contained in 5 U.S.C. 553(d)(3) to waive the 30-day delay in the
effective date of this action. The 2024 fishing year began on May 1,
2024. The higher quota that carried over from 2023 until replaced by
this rule carries an increased risk of overfishing, and is not
consistent with the best available scientific information to prevent
overfishing with at least a 50-percent probability. A delay in the date
of effectiveness would be contrary to the public interest as it could
create confusion in the spiny dogfish industry around current quotas,
and with state agencies as they prepare their annual management
measures. Furthermore,
[[Page 44927]]
regulated parties do not require any additional time to come into
compliance with this rule, and thus, a 30-day delay before the
emergency rule becomes effective does not provide any benefit. Unlike
actions that require an adjustment period, spiny dogfish fishing
vessels will not have to purchase new equipment or otherwise expend
time or money to comply with these management measures. Rather,
complying with this emergency rule simply means adhering to the new
catch limits set for the 2024 fishing year. For these reasons, there is
good cause not to delay this emergency rule's effectiveness, consistent
with 5 U.S.C. 553(d)(3), and to implement this action immediately. This
rule is being issued at the earliest possible date, as NMFS received
the Councils' Environmental Assessment for this action on May 7, 2024.
This action is being taken pursuant to the emergency provision of
the Magnuson-Stevens Act and is exempt from OMB review.
This emergency rule is exempt from the procedures of the Regulatory
Flexibility Act because the rule is issued without opportunity for
prior notice and opportunity for public comment.
This emergency rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 15, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2024-11024 Filed 5-21-24; 8:45 am]
BILLING CODE 3510-22-P
