20348 Federal Register / Vol. 87, No. 67 / Thursday, April 7, 2022 / Rules and Regulations 

(Government-to-Government Relations 

with Native American Tribal 

Governments; 59 FR 22951, May 4, 

1994), E.O. 13175 (Consultation and 

Coordination with Indian Tribal 

Governments), and the Department of 

the Interior’s manual at 512 DM 2, we 

readily acknowledge our responsibility 

to communicate meaningfully with 

recognized Federal Tribes on a 

government-to-government basis. In 

accordance with Secretarial Order 3206 

of June 5, 1997 (American Indian Tribal 

Rights, Federal-Tribal Trust 

Responsibilities, and the Endangered 

Species Act), we readily acknowledge 

our responsibilities to work directly 

with Tribes in developing programs for 

healthy ecosystems, to acknowledge that 

Tribal lands are not subject to the same 

controls as Federal public lands, to 

remain sensitive to Indian culture, and 

to make information available to Tribes. 

We requested information from the 

Paiute-Shoshone Tribe of the Fallon 

Reservation and Colony and have 

continued to coordinate during the SSA 

process. We are requesting the Tribe’s 

partner review of the SSA report 

concurrent with the open comment 

period identified in the proposed rule 

that is published concurrently with this 

emergency rule and found in the 

Proposed Rules section of this issue of 

the Federal Register (see Docket No. 

FWS–R8–ES–2022–0024 in https://

www.regulations.gov). We will continue 

to work with Tribal entities during the 

development of a final listing 

determination for the Dixie Valley toad. 

References Cited 

A complete list of references cited in 

this rulemaking is available on the 

internet at https://www.regulations.gov 

and upon request from the Reno Fish 

and Wildlife Office (see FOR FURTHER

INFORMATION CONTACT). 

Authors 

The primary authors of this rule are 

the staff members of the Fish and 

Wildlife Service’s Species Assessment 

Team and the Reno Fish and Wildlife 

Office. 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

Regulation Promulgation 

Accordingly, we amend part 17, 

subchapter B of chapter I, title 50 of the 

Code of Federal Regulations, as set forth 

below: 

PART 17—ENDANGERED AND 

THREATENED WILDLIFE AND PLANTS 

■ 1. The authority citation for part 17 

continues to read as follows: 

Authority: 16 U.S.C. 1361–1407; 1531– 

1544; and 4201–4245, unless otherwise 

noted. 

■ 2. Amend § 17.11 in paragraph (h) by 

adding an entry for ‘‘Toad, Dixie 

Valley’’ to the List of Endangered and 

Threatened Wildlife in alphabetical 

order under Amphibians to read as 

follows: 

§ 17.11 Endangered and threatened 

wildlife. 

* * * * * 

(h) * * * 

Common name Scientific name Where listed Status Listing citations and applicable rules 

*******

AMPHIBIANS

* * * * * * * 

Toad, Dixie Valley ........... Anaxyrus williamsi .......... Wherever found .............. E 87 FR [INSERT Federal Register PAGE WHERE 

THE DOCUMENT BEGINS]; 4/7/2022. 

* * * * * * * 

* * * * * 

Martha Williams, 

Director, U.S. Fish and Wildlife Service. 

[FR Doc. 2022–07374 Filed 4–6–22; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 220404–0083] 

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: Final rule. 

SUMMARY: NMFS issues final 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 rule also 

informs the public of the final fishery 

2022 specifications and management 

measures. 

DATES: Effective on May 1, 2022. 

ADDRESSES: The Mid-Atlantic Fishery 

Management Council prepared a 

Supplemental Information Report (SIR) 

for these specifications that describes 

the action, any changes from the 

original environmental assessment (EA), 

and analyses for this 2022 specifications 

trip limit adjustment action. Copies of 

the SIR, original EA, and other 

supporting documents for this action, 

are available upon request from Dr. 

Christopher M. Moore, Executive 

Director, Mid-Atlantic Fishery 

Management Council, Suite 201, 800 

North State Street, Dover, DE 19901. 

These documents are also accessible via 

the internet at 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 


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Federal Register / Vol. 87, No. 67 / Thursday, April 7, 2022 / Rules and Regulations 20349 

fishery management plan. The Councils’ 

FMP requires the specification of 

regulatory harvest limits, including: An 

acceptable biological catch (ABC); 

annual catch limit (ACL); annual catch 

target (ACT); total allowable landings 

value (TAL); and coastwide commercial 

quota. These limits and other 

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 

implements 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 Councils found no 

reason to change the previously 

projected status quo specifications for 

fishing year 2022. However, both 

Councils did recommend an increase to 

the commercial trip limit based on 

requests from fishery stakeholders to 

provide more economic stability and 

opportunity to fully achieve the 

provided commercial quota. 

The proposed rule for this action 

published in the Federal Register on 

February 25, 2022 (87 FR 10762), and 

comments were accepted through March 

14, 2022. NMFS received five comments 

from the public, and no changes to the 

final rule are necessary as a result of 

those comments (see Comments and 

Responses for additional detail). 

Additional background information 

regarding the development of these 

specifications was provided in the 

proposed rule and is not repeated here. 

Final Measures 

This action implements the Councils’ 

recommendations for status quo 2022 

spiny dogfish catch limit 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, as outlined in the proposed 

rule. 

TABLE 1—FINAL SPINY DOGFISH FISHERY SPECIFICATIONS FOR FISHING YEAR 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. 

Comments and Responses 

The public comment period for the 

proposed rule ended on March 14, 2022, 

and NMFS received five comments from 

the public. No changes were made to 

final rule as a result of these comments. 

Two commenters voiced similar 

concerns with the action, saying that 

increasing the trip limit only benefits 

the processors but not the harvesters. 

Both were also concerned that a higher 

limit will cause the price per pound to 

crash and ruin the market for dogfish. 

Another commenter agreed with the 

first two comments about the potential 

price drop, and also said that the trip 

limit should remain status quo until 

after the current stock assessment is 

complete. The fourth comment also 

disagrees with the trip limit increase, 

because there is no data showing that 

catch rates in the fishery have increased 

to warrant this change. This commenter 

is concerned that without these data, 

increasing the trip limit will cause a loss 

of industry jobs. 

These concerns were discussed 

throughout the development of this 

action and in discussion of trip limit 

adjustments in recent years. There has 

been support for raising the trip limit 

from harvesters as well as processors 

during this action’s development in 

2021 by members of the public at 

meetings of the Advisory Panel, 

Committee, Atlantic Marine Fisheries 

Commission, and both Councils. 

Further, an increase of 25 percent (1,500 

lb/680 kg) was recommended as a 

compromise when compared to other 

suggested alternatives that could have 

raised the limit even more. The change 

in this action is expected to provide 

some additional flexibility and 

opportunity to industry, with minimal 

negative impacts on the fishery, market, 

and other aspects of the human 

environment. Both Councils also plan to 

reconsider the trip limit after the results 

from the stock assessment become 

available. 

The final comment was submitted by 

a college student and is primarily a brief 

history of Atlantic spiny dogfish 

management. This comment supports 

the action overall, but cautions that 

economic gain should not be valued 

more highly than the health of the stock. 

NMFS agrees with the sentiments of this 

comment, and will not implement catch 

limits or management measures that are 

likely to cause overfishing, in 

accordance with National Standard 1 of 

the Magnuson-Stevens Act. 

Changes From the Proposed Rule 

NMFS has not made any changes to 

the proposed regulatory text, and there 

are no substantive changes from the 

proposed rule. 

Classification 

Pursuant to section 304(b)(3) of the 

Magnuson Stevens Fishery Conservation 

and Management Act (MagnusonStevens Act), the NMFS Assistant 

Administrator, Greater Atlantic Region, 

has determined that these final 

specifications are necessary for the 

conservation and management of the 

Atlantic spiny dogfish fishery, and that 

they are consistent with the Atlantic 

Spiny Dogfish FMP, other provisions of 

the Magnuson-Stevens Act, and other 

applicable law. 

The Councils reviewed the 

regulations for this action and deemed 

them necessary and appropriate to 

implement consistent with section 

303(c) of the Magnuson-Stevens Act. 

The need to implement these 

measures in a timely manner to ensure 

that these final specifications and 

increased trip limit are in place for the 

start of the 2022 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 

effective date of this action. The 2022 

fishing year begins on May 1, 2022. A 

delay in effectiveness beyond May 1 

would be contrary to the public interest 

as it could create confusion in the spiny 

dogfish industry, and cause potential 

economic harm to the fishery through 

lost opportunity to fish under the higher 


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20350 Federal Register / Vol. 87, No. 67 / Thursday, April 7, 2022 / Rules and Regulations 

trip limit. NMFS has also received 

several direct requests from industry 

stakeholders that the higher trip limit be 

implemented as soon as possible, which 

supports the conclusion that any further 

delay is contrary to public interest. 

Finally, regulated parties do not 

require any additional time to come into 

compliance with this rule, and thus, a 

30-day delay before the final rule 

becomes effective does not provide any 

benefit. Unlike actions that require an 

adjustment period, vessels fishing for 

spiny dogfish will not have to purchase 

new equipment or otherwise expend 

time or money to comply with these 

management measures. Rather, 

complying with this action simply 

means adhering to the new, increased 

trip limit. Fishery stakeholders have 

also been involved in the development 

of this action and are anticipating this 

rule, even requesting it be effective as 

soon as practicable. Therefore, NMFS 

finds good cause not to delay this final 

rule’s effectiveness, consistent with 5 

U.S.C. 553(d)(3). As a result, there is 

good cause to implement this action on 

May 1, 2022. 

This final 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 during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 

No comments were received regarding 

this certification, and the initial 

certification remains unchanged. As a 

result, a final regulatory flexibility 

analysis is not required and none was 

prepared. 

This final rule does not duplicate, 

conflict, or overlap with any existing 

Federal rules. 

This action 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: April 4, 2022. 

Carrie Robinson, 

Acting Deputy Assistant Administrator for 

Regulatory Programs,National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 648 is 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. 2022–07417 Filed 4–6–22; 8:45 am] 

BILLING CODE 3510–22–P 


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