[Federal Register Volume 89, Number 189 (Monday, September 30, 2024)]
[Rules and Regulations]
[Pages 79452-79454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22373]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 240514-0138; RTID 0648-XE252]


Fisheries of the Northeastern United States; Atlantic Spiny 
Dogfish Fishery; Extension of 2024 Specifications Emergency Measures

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

ACTION: Temporary rule; emergency action extended.

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SUMMARY: This emergency action extends the 2024 emergency action 
specifications for the spiny dogfish fishery through the remainder of 
the 2024 fishing year and implements an accountability measure 
consistent with the regulations implementing the Spiny Dogfish Fishery 
Management Plan. This action is necessary to maintain 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 November 18, 2024, through April 30, 2025.

ADDRESSES: 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 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: Laura Deighan, Fishery Policy Analyst, 
(978) 281-9184, <a href="/cdn-cgi/l/email-protection#204c415552410e4445494748414e604e4f41410e474f56"><span class="__cf_email__" data-cfemail="cca0adb9beade2a8a9a5aba4ada28ca2a3adade2aba3ba">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Background

    The implementing regulations for the Atlantic Spiny Dogfish Fishery 
Management Plan (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 (TAL), and a coastwide 
commercial quota, with each fishing year running from May 1 through 
April 30. Under the authority of section 305(c) of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act), NMFS 
issued a temporary emergency rule to implement spiny dogfish 
specifications for the first 6 months of the 2024 fishing year on May 
22, 2024 (89 FR 44924), and took public comment on the emergency rule 
through June 21, 2024. The Federal Register notification on the 
emergency rule (89 FR 44926) indicated that ``[a]fter 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.'' The emergency 
rule set the ABC equal to the overfishing limit (OFL) of 7,818 mt 
(17.24 million lb), used the Monitoring Committee's recommended model-
based values for discards, and accounted for expected recreational 
landings, resulting in a commercial quota of 5,140 mt (11.33 million 
lb).
    The Mid-Atlantic and New England Fishery Management Councils 
(Councils) jointly manage the Atlantic Spiny Dogfish FMP, with the Mid-
Atlantic Council acting as the administrative lead. NMFS was unable to 
approve the Councils' recommended 2024 specifications because they 
relied on a discard estimate that violated National Standard 2, which 
requires management measures to be based on the best available science.
    Given significant concerns raised by the fishing industry about the 
risk to the associated fishing communities if the

[[Page 79453]]

commercial quota were substantially reduced, NMFS took emergency action 
to set the 2024 spiny dogfish specifications at levels higher than the 
Scientific and Statistical Committee (SSC) and Monitoring Committee 
recommendation for 2024. NMFS set the 2024 specifications with the ABC 
equal to the OFL, resulting in no more than a 50-percent chance of 
overfishing, consistent with National Standard 1. These specifications 
resulted in a higher commercial quota when using the model-based 
discard estimate, which is considered the best scientific information 
available. The emergency rule responded to concerns under National 
Standard 8 regarding the ability of the dogfish industry, and the 
communities that depend upon it, to continue to participate in the 
fishery while remaining 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. The Federal Register notification for the original emergency 
more fully describes the rationale for this action.
    The 2023 ACL was 7,751 mt (17.09 million lb), and data on the 
dogfish fishery's performance in fishing year 2023 became available 
after the publication of the initial emergency rule. Final catch 
information indicate that total dead catch in fishing year 2023, 
including Federal commercial, state-only commercial, and recreational 
landings and estimated dead discards, was 8,243 mt (18.17 million lb). 
This represents a fishing year 2023 ACL overage of 491 mt (1.08 million 
lb). The spiny dogfish regulations at 50 CFR 648.233(c) require a 
deduction of the exact amount of the ACL overage, by weight, from a 
subsequent single-fishing-year ACL, as soon as possible. This action 
extends the emergency specifications through the end of the 2024 
fishing year and reduces the remaining ACL and commercial quota to 
account for the 2023 ACL overage, as required by the regulations. We 
could not have included this adjustment in the initial emergency rule 
because complete data on fishing year 2023 were not yet available when 
that rule was promulgated.
    The emergency measures will expire on November 18, 2024, under the 
Magnuson-Stevens Act's initial 180-day limit on the duration of an 
emergency action. The Magnuson-Stevens Act allows an extension of 
emergency actions for up to 186 days, provided that the public had an 
opportunity to comment on the emergency action and, for Council-
recommended actions, the Council is actively preparing measures to 
address the emergency. 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 (i.e., 50 percent, versus the 
Council-recommended 46 percent) on a 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.
    Extending the emergency action prevents the spiny dogfish fishery 
from reverting to the 2023 specifications that would be in place 
through a rollover provision when the emergency action expires. The 
underlying emergency conditions have not changed. The 2023 
specifications included a higher ABC and commercial quota, which are 
not consistent with the best available scientific information to 
prevent overfishing with at least a 50-percent probability. Reverting 
to the 2023 specifications would result in an increased risk of 
overfishing. Fishing vessel owners and operators have changed their 
fishing behavior in anticipation of the emergency action's continuation 
through the end of the fishing year. Therefore, we are extending the 
emergency measures through the end of the 2024 fishing year (April 30, 
2025). For the same reasons noted in the May 22, 2024, emergency rule, 
NMFS has determined that extending the emergency action to maintain the 
2024 specifications through the end of the fishing year meets the 
criteria for emergency action.

Application of Accountability Measure for 2023 Overage

    This action will extend the 2024 specifications through the end of 
the fishing year on April 30, 2025, and will reduce the ACL and 
commercial quota to pay back an ACL overage in fishing year 2023. By 
operation of the spiny dogfish accountability measures, a payback for 
an overage must occur ``as soon as possible from a subsequent single 
fishing year ACL.'' (50 CFR 648.233(c)). The initial emergency rule set 
the 2024 ACL at 7,782 mt (17.16 million lb) and the commercial quota at 
5,140 mt (11.33 million lb). When accounting for the 491 mt (1.08 
million lb) overage in fishing year 2023, this results in an updated 
ACL of 7,291 mt (16.07 million lb) and a commercial quota of 4,649 mt 
(10.25 million lb) for fishing year 2024 (table 1).

                        Table 1--Updated Atlantic Spiny Dogfish Specifications for FY2024
----------------------------------------------------------------------------------------------------------------
                                                      Adjusted specifications         Initial specifications
                                                 ---------------------------------------------------------------
                                                        lb              mt              lb              mt
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OFL.............................................      17,235,719           7,818      17,235,719           7,818
ABC.............................................      17,235,719           7,818      17,235,719           7,818
Canadian Landings...............................          79,366              36          79,366              36
Domestic ABC....................................      17,156,353           7,782      17,156,353           7,782
ACL Reduction (FY2023 Overage)..................       1,082,487             491  ..............  ..............
ACL.............................................      16,073,866           7,291      17,156,353           7,782
Management Uncertainty Buffer...................               0               0               0               0
Amount of buffer................................               0               0               0               0
ACT.............................................      16,073,866           7,291      17,156,353           7,782
U.S. Discards *.................................       5,577,689           2,530       5,577,689           2,530
TAL.............................................      10,496,177           4,761      11,578,664           5,252
U.S. Recreational Landings......................         246,917             112         246,917             112
Commercial Quota................................      10,249,260           4,649      11,331,747           5,140
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* This table corrects a typographical error in the U.S. discards, which was published as 5,577,698 lb in the
  initial emergency rule.


[[Page 79454]]

Comments and Responses

    The public comment period for the original emergency rule ended on 
June 21, 2024, and NMFS did not receive any comments from the public.

Classification

    The Assistant Administrator for Fisheries, NOAA, has determined 
that this rule is necessary to respond to an emergency situation and is 
consistent with the national standards and other provisions of the 
Magnuson-Stevens Act and other applicable laws.
    The Assistant Administrator for Fisheries, NOAA, finds good cause 
under the authority contained in 5 U.S.C. 553(b)(B) that it is contrary 
to the public interest and impracticable to provide prior notice and 
opportunity for the public to comment. As more fully explained above, 
the reasons justifying promulgation of this action on an emergency 
basis, coupled with the fact that the public has had the opportunity to 
comment on NMFS' emergency action that this is extending, make 
solicitation of public comment unnecessary, impractical, and contrary 
to the public interest. In the interest of receiving public input on 
this action, the EA analyzing the impacts of this action was made 
available to the public and the original emergency action solicited 
public comment.
    This action is being taken pursuant to the emergency provision of 
the Magnuson-Stevens Act and is exempt from review by the Office of 
Management and Budget.
    The analytical requirements of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) are inapplicable to this emergency rule extension 
because notice and opportunity for comment are not required pursuant to 
5 U.S.C. 553 or any other law. Therefore, a regulatory flexibility 
analysis is not required, and none has been prepared.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: September 20, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2024-22373 Filed 9-27-24; 8:45 am]
BILLING CODE 3510-22-P


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