81_FR_54115 81 FR 53958 - Fisheries of the Northeastern United States; Spiny Dogfish Fishery; 2016-2018 Specifications

81 FR 53958 - Fisheries of the Northeastern United States; Spiny Dogfish Fishery; 2016-2018 Specifications

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 157 (August 15, 2016)

Page Range53958-53960
FR Document2016-19342

This final rule implements catch limits, commercial quotas, and possession limits for the spiny dogfish fishery for fishing years 2016-2018. This action reduces catch limits for fishing years 2016- 2018, but increases the spiny dogfish trip limit. This action is necessary to ensure that overfishing does not occur and is intended to help the spiny dogfish fishery better achieve optimum yield.

Federal Register, Volume 81 Issue 157 (Monday, August 15, 2016)
[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)]
[Rules and Regulations]
[Pages 53958-53960]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19342]



[[Page 53958]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 160301165-6692-02]
RIN 0648-BF88


Fisheries of the Northeastern United States; Spiny Dogfish 
Fishery; 2016-2018 Specifications

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

ACTION: Final rule.

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

SUMMARY: This final rule implements catch limits, commercial quotas, 
and possession limits for the spiny dogfish fishery for fishing years 
2016-2018. This action reduces catch limits for fishing years 2016-
2018, but increases the spiny dogfish trip limit. This action is 
necessary to ensure that overfishing does not occur and is intended to 
help the spiny dogfish fishery better achieve optimum yield.

DATES: Effective on August 15, 2016.

ADDRESSES: Copies of the specifications, including the Environmental 
Assessment and Regulatory Impact Review (EA/RIR), and other supporting 
documents for the action are available from Dr. Christopher M. Moore, 
Executive Director, Mid-Atlantic Fishery Management Council, Suite 201, 
800 N. State Street, Dover, DE 19901. The framework is also accessible 
via the Internet at: http://www.greateratlantic.fisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: William Whitmore, Fishery Policy 
Analyst, (978) 281-9182.

SUPPLEMENTARY INFORMATION: 

Background

    The Atlantic spiny dogfish (Squalus acanthias) fishery is jointly 
managed by the New England and Mid-Atlantic Fishery Management Councils 
through the Spiny Dogfish Fishery Management Plan (FMP). The Atlantic 
States Marine Fisheries Commission also manages the spiny dogfish 
fishery in state waters from Maine to North Carolina through an 
interstate plan. Additional information on the FMP is available at 
http://www.mafmc.org/fisheries/fmp/dogfish. Information on the 
interstate FMP can be reviewed at http://www.asmfc.org/species/spiny-dogfish.
    On June 22, 2016, we proposed new spiny dogfish specifications (81 
FR 40650), which include catch limits, commercial quotas, and 
possession limits for fishing years 2016-2018. Additional information 
on how specifications are set can be reviewed through the FMP links 
provided above or the proposed rule for this action.

Fishing Year 2016-2018 Specifications

    We are implementing the acceptable biological catch (ABC) and 
annual catch limits (ACLs) outlined in our proposed rule (see Table 1 
below).

            Table 1--2016-2018 ACL and Commercial Quota Specifications for the Spiny Dogfish Fishery
----------------------------------------------------------------------------------------------------------------
                                                                    Commercial      Commercial      Change from
          Fishing year               ACL (lb)        ACL (mt)       quota (lb)      quota (mt)    2015 (percent)
----------------------------------------------------------------------------------------------------------------
2016............................      51,923,272          23,552      40,360,761          18,307             -20
2017............................      50,662,228          22,980      39,099,717          17,735             -23
2018............................      49,758,333          22,570      38,195,822          17,325             -25
----------------------------------------------------------------------------------------------------------------

    Although the stock remains healthy and is not overfished or subject 
to overfishing, the survey index of spawning stock biomass has recently 
decreased. This decline was not unexpected and is primarily due to (1) 
high variance in the survey, and (2) poor spiny dogfish pup production 
(i.e., recruitment to the dogfish stock). These specifications are 
consistent with the best scientific information available and the 
Council's and their Scientific and Statistical Committee 
recommendations. Additional information that explains the status of the 
spiny dogfish stock and describes the 2016-2018 catch limits is 
available in the proposed rule and is not repeated here.

Trip Limit Increase

    We are approving a trip limit increase from 5,000 lb (2,268 kg) to 
6,000 lb (2,722 kg). Because of the proposed harvest reductions (see 
Table 1), the Councils initially recommended maintaining the current 
spiny dogfish trip limit of 5,000 lb (2,268 kg). However, after 
recognizing that the reduced 2016-2018 quotas are still significantly 
higher than landings in recent years, both Councils and the Commission 
requested that we increase the trip limit to 6,000 lb (2,722 kg). We 
specifically solicited public comment on this request in the proposed 
rule (81 FR 40650; June 22, 2016). We received several comments in 
support of the trip limit increase. There were two comments opposed to 
a trip limit increase that provided no specific detail on why the 
increase would be harmful. Considering this, and understanding that the 
stock remains healthy, underharvested, and has in place rigid 
management controls to prevent exceeding the commercial quota, we have 
elected to increase the trip limit.

Comments and Responses

    We received five public comments on the proposed rule during the 
15-day comment period.
    Comment 1: Two commenters suggested that the trip limit should be 
reduced to protect the stock and prevent the fishery from becoming 
overfished.
    Response 1: As explained in the proposed rule, the ACLs are being 
reduced in response to a recent stock assessment update that shows 
anticipated declines in stock size following a few years of lower pup 
production. Despite the reduced ACLs, the fishery is not considered 
overfished or subject to overfishing. The FMP provides authority to 
close the fishery if the commercial quota will be reached as well as a 
pound-for-pound overage repayment system should catch in any one year 
exceed the established quota. Female spawning stock biomass is 6 
percent above the target maximum sustainable yield biomass proxy of 351 
million lb (159,288 mt). Fishing mortality remains low and the fishery 
is underutilized--it is not at risk of overfishing or becoming 
overfished. As a result, it is not necessary to reduce the trip limit 
to keep the fishery within its catch limits. Should the increased trip 
limits result in higher harvests than recent years, appropriate 
management tools are available to prevent overharvesting. In addition, 
decreasing the trip limit would make it less likely that the fishery 
could achieve optimum yield.
    Comment 2: Both Councils and Massachusetts Division of Marine

[[Page 53959]]

Fisheries requested that we increase the spiny dogfish trip limit.
    Response 2: We agree. This healthy stock remains greatly 
underutilized. Increasing the trip limit provides an opportunity for 
the fishery to better harvest optimum yield and provide increased 
revenue. For these reasons, in addition to those detailed above, we are 
increasing the trip limit.

Classification

    The Administrator, Greater Atlantic Region, NMFS, determined that 
the 2016-2018 specifications to the FMP are necessary for the 
conservation and management of the spiny dogfish fishery and that it is 
consistent with the Magnuson-Stevens Fishery Conservation and 
Management Act and other applicable laws.
    There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day 
delay in effective date. Maintaining the 30-day delay in effective date 
is contrary to the public interest for several reasons. First, 
increasing the dogfish possession limit from 5,000 lb (2,268 kg) to 
6,000 lb (2722 kg) will enhance fishing opportunities and the change is 
anticipated to increase landings and associated fishing revenue for 
members of the fishing industry. Therefore, this final rule relieves an 
economic hardship while allowing the fishery to more effectively 
achieve optimum yield. Delaying this action for 30 days would result in 
foregone economic benefits that could not be recovered. Second, the 
Mid-Atlantic Fishery Management Council did not submit these 
Specifications and the accompanying environmental assessment until 
March 11, 2016, making it virtually impossible to solicit public 
comment through a proposed rule and implement a final rule prior to the 
start of the fishing year, which began on May 1, 2016. Therefore, this 
delay has already resulted in missed fishing opportunities and revenue 
for fishermen and implementation should not be further delayed. Third, 
keeping an unnecessarily restrictive possession limit would result in 
fishermen wastefully discarding fish that could have been retained with 
the higher possession limit approved under this rule. Maintaining the 
lower catch limit and requiring unnecessary discarding contradicts the 
best available science and would prevent the fishery from achieving 
optimum yield. Lastly, because this rule imposes no further 
restrictions on the fishery that would alter existing fishing practices 
or require affected entities to acquire additional equipment, there is 
no need to delay implementation of this action to provide affected 
entities additional time to prepare for or comply with the 
implementation of this action. For these reasons, a 30-day delay in 
effective date is both contrary to the public interest and unnecessary.
    This final rule has been determined to be not significant for the 
purpose of E.O. 12866.
    A final regulatory flexibility analysis (FRFA) was prepared. The 
FRFA incorporates the initial regulatory flexibility analysis (IRFA), a 
summary of the significant issues raised by the public comments in 
response to the IRFA, and NMFS responses to those comments. A copy of 
this analysis is available (see ADDRESSES).

A Summary of the Significant Issues Raised by the Public in Response to 
the IRFA, a Summary of the Agency's Assessment of Such Issues, and a 
Statement of Any Changes Made in the Final Rule as a Result of Such 
Comments

    A description of the final rule, why it is being considered, and 
the legal basis for this rule were contained in the preamble of the 
proposed rule for this action (81 FR 40650; June 22, 2016) and are not 
repeated here. The public did not provide any comments on the IRFA; 
therefore, there are no changes made in this final rule with regards to 
the economic analyses and impacts.

Description and Estimate of Number of Small Entities to Which the Rule 
Would Apply

    This final rule would affect fishing vessels, including commercial 
fishing entities. In 2014, there were 2,473 vessels that held an open 
access spiny dogfish permit. Cross-referencing those permits with 
vessel ownership data revealed that 1,830 business entities owned those 
vessels.
    On December 29, 2015, NMFS issued a final rule establishing a small 
business size standard of $11 million in annual gross receipts for all 
businesses primarily engaged in the commercial fishing industry (NAICS 
11411) for Regulatory Flexibility Act compliance purposes (80 FR 
81194). The $11 million standard became effective on July 1, 2016, and 
is to be used in place of the U.S. Small Business Administration's 
(SBA) previous standards of $20.5 million, $5.5 million, and $7.5 
million for the finfish (NAICS 114111), shellfish (NAICS 114112), and 
other marine fishing (NAICS 114119) sectors, respectively, of the U.S. 
commercial fishing industry.
    An IRFA was developed for this regulatory action prior to July 1, 
2016, using SBA's previous size standards. Under the SBA's size 
standards, 18 of the 1,830 (about 1 percent) spiny dogfish fishing 
entities were determined to be large. Of the 1,812 entities deemed to 
be small business entities by the SBA criteria, 570 were finfish, 580 
were shellfish, and 244 were for-hire small entities. Further, 418 
small entities had no revenue in 2014.
    NMFS has qualitatively reviewed the analyses prepared for this 
final rule using the new size standard. The new standard could result 
in a few more commercial shellfish businesses being considered small 
(due to the increase in small business size standards). In addition, 
the new standard could result in fewer commercial finfish businesses 
being considered small (due to the decrease in size standards). On 
average, for small entities, spiny dogfish is responsible for a small 
fraction of total landings, and active participants derive a small 
share of gross receipts from the spiny dogfish fishery. As a result, it 
is unlikely that these size-standard changes would have any impact on 
the previously conducted analyses.

Description of the Projected Reporting, Record-Keeping, and Other 
Compliance Requirements of This Final Rule

    This final rule does not introduce any new reporting, 
recordkeeping, or other compliance requirements.

Description of the Steps the Agency Has Taken To Minimize the 
Significant Economic Impact on Small Entities Consistent With the 
Stated Objectives of Applicable Statutes

    These specifications include management measure alternatives for 
(1) the spiny dogfish ACLs and associated commercial quotas, and (2) 
spiny dogfish trip limits.
    We do not anticipate any significant economic impacts on small 
entities to result from this action. While there is an overall 
reduction in the ACLs, analyses for this action indicate that spiny 
dogfish landings have been substantially less than the specifications 
we are approving for fishing years 2016-2018. It is unlikely that 
potential revenue losses would be directly equal to with the ACL 
reductions. By contrast, maintaining the status quo ACL is inconsistent 
with the stated objectives because it does not represent the best 
available science or the goals and objectives of the FMP.
    Regarding spiny dogfish trip limits, this final rule increases trip 
limits from 5,000 lb (2,268 kg) to 6,000 lb (2,722 kg). In general, 
higher trip limits could result in greater immediate revenue per trip. 
There is some risk that increasing trip limits could increase the 
potential

[[Page 53960]]

for an abbreviated season if the quota or processing capacity is 
reached. Also, it is possible that a large trip limit increase could 
lower ex-vessel prices and/or make prices more unstable. Given the low 
overall demand for spiny dogfish, trip limits may not have a large 
effect on overall revenue across the fishery. Therefore, increasing the 
trip limit may help minimize economic impacts, but only if prices 
remain relatively stable and demand increases.
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, a letter to permit holders that also serves as 
small entity compliance guide was prepared. Copies of this final rule 
are available from the Greater Atlantic Regional Fisheries Office 
(GARFO), and the compliance guide, i.e., permit holder letter, will be 
sent to all holders of permits for the skate fishery. The guide and 
this final rule will be posted or publically available on the GARFO Web 
site (see ADDRESSES).

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: August 9, 2016.
Paul Doremus,
Deputy Assistant Administrator for Operations, 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

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 6,000 lb (2,722 kg) of spiny dogfish per trip; 
and
* * * * *
[FR Doc. 2016-19342 Filed 8-12-16; 8:45 am]
BILLING CODE 3510-22-P



                                              53958                    Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Rules and Regulations

                                              DEPARTMENT OF COMMERCE                                                     does not occur and is intended to help                 the Spiny Dogfish Fishery Management
                                                                                                                         the spiny dogfish fishery better achieve               Plan (FMP). The Atlantic States Marine
                                              National Oceanic and Atmospheric                                           optimum yield.                                         Fisheries Commission also manages the
                                              Administration                                                             DATES: Effective on August 15, 2016.                   spiny dogfish fishery in state waters
                                                                                                                         ADDRESSES: Copies of the specifications,               from Maine to North Carolina through
                                              50 CFR Part 648                                                                                                                   an interstate plan. Additional
                                                                                                                         including the Environmental
                                              [Docket No. 160301165–6692–02]                                             Assessment and Regulatory Impact                       information on the FMP is available at
                                                                                                                         Review (EA/RIR), and other supporting                  http://www.mafmc.org/fisheries/fmp/
                                              RIN 0648–BF88                                                                                                                     dogfish. Information on the interstate
                                                                                                                         documents for the action are available
                                              Fisheries of the Northeastern United                                       from Dr. Christopher M. Moore,                         FMP can be reviewed at http://
                                              States; Spiny Dogfish Fishery; 2016–                                       Executive Director, Mid-Atlantic                       www.asmfc.org/species/spiny-dogfish.
                                              2018 Specifications                                                        Fishery Management Council, Suite 201,                   On June 22, 2016, we proposed new
                                                                                                                         800 N. State Street, Dover, DE 19901.                  spiny dogfish specifications (81 FR
                                              AGENCY:  National Marine Fisheries                                         The framework is also accessible via the               40650), which include catch limits,
                                              Service (NMFS), National Oceanic and                                       Internet at: http://                                   commercial quotas, and possession
                                              Atmospheric Administration (NOAA),                                         www.greateratlantic.fisheries.noaa.gov.                limits for fishing years 2016–2018.
                                              Commerce.                                                                                                                         Additional information on how
                                                                                                                         FOR FURTHER INFORMATION CONTACT:
                                              ACTION: Final rule.                                                                                                               specifications are set can be reviewed
                                                                                                                         William Whitmore, Fishery Policy
                                              SUMMARY:   This final rule implements                                      Analyst, (978) 281–9182.                               through the FMP links provided above
                                              catch limits, commercial quotas, and                                       SUPPLEMENTARY INFORMATION:
                                                                                                                                                                                or the proposed rule for this action.
                                              possession limits for the spiny dogfish                                                                                           Fishing Year 2016–2018 Specifications
                                              fishery for fishing years 2016–2018.                                       Background
                                              This action reduces catch limits for                                         The Atlantic spiny dogfish (Squalus                    We are implementing the acceptable
                                              fishing years 2016–2018, but increases                                     acanthias) fishery is jointly managed by               biological catch (ABC) and annual catch
                                              the spiny dogfish trip limit. This action                                  the New England and Mid-Atlantic                       limits (ACLs) outlined in our proposed
                                              is necessary to ensure that overfishing                                    Fishery Management Councils through                    rule (see Table 1 below).

                                                             TABLE 1—2016–2018 ACL AND COMMERCIAL QUOTA SPECIFICATIONS FOR THE SPINY DOGFISH FISHERY
                                                                                                                                                                                                                   Change
                                                                                                                                                                               Commercial         Commercial
                                                                                 Fishing year                                               ACL (lb)          ACL (mt)                                           from 2015
                                                                                                                                                                                quota (lb)         quota (mt)     (percent)

                                              2016 .....................................................................................    51,923,272              23,552       40,360,761             18,307          ¥20
                                              2017 .....................................................................................    50,662,228              22,980       39,099,717             17,735          ¥23
                                              2018 .....................................................................................    49,758,333              22,570       38,195,822             17,325          ¥25



                                                Although the stock remains healthy                                       recent years, both Councils and the                    anticipated declines in stock size
                                              and is not overfished or subject to                                        Commission requested that we increase                  following a few years of lower pup
                                              overfishing, the survey index of                                           the trip limit to 6,000 lb (2,722 kg). We              production. Despite the reduced ACLs,
                                              spawning stock biomass has recently                                        specifically solicited public comment                  the fishery is not considered overfished
                                              decreased. This decline was not                                            on this request in the proposed rule (81               or subject to overfishing. The FMP
                                              unexpected and is primarily due to (1)                                     FR 40650; June 22, 2016). We received                  provides authority to close the fishery if
                                              high variance in the survey, and (2) poor                                  several comments in support of the trip                the commercial quota will be reached as
                                              spiny dogfish pup production (i.e.,                                        limit increase. There were two                         well as a pound-for-pound overage
                                              recruitment to the dogfish stock). These                                   comments opposed to a trip limit                       repayment system should catch in any
                                              specifications are consistent with the                                     increase that provided no specific detail              one year exceed the established quota.
                                              best scientific information available and                                  on why the increase would be harmful.                  Female spawning stock biomass is 6
                                              the Council’s and their Scientific and                                     Considering this, and understanding                    percent above the target maximum
                                              Statistical Committee recommendations.                                     that the stock remains healthy,
                                                                                                                                                                                sustainable yield biomass proxy of 351
                                              Additional information that explains the                                   underharvested, and has in place rigid
                                                                                                                                                                                million lb (159,288 mt). Fishing
                                              status of the spiny dogfish stock and                                      management controls to prevent
                                              describes the 2016–2018 catch limits is                                    exceeding the commercial quota, we                     mortality remains low and the fishery is
                                              available in the proposed rule and is not                                  have elected to increase the trip limit.               underutilized—it is not at risk of
                                              repeated here.                                                                                                                    overfishing or becoming overfished. As
                                                                                                                         Comments and Responses                                 a result, it is not necessary to reduce the
                                              Trip Limit Increase                                                          We received five public comments on                  trip limit to keep the fishery within its
                                                                                                                         the proposed rule during the 15-day                    catch limits. Should the increased trip
                                                 We are approving a trip limit increase
                                                                                                                         comment period.                                        limits result in higher harvests than
                                              from 5,000 lb (2,268 kg) to 6,000 lb
                                                                                                                           Comment 1: Two commenters                            recent years, appropriate management
                                              (2,722 kg). Because of the proposed
                                                                                                                                                                                tools are available to prevent
sradovich on DSK3GMQ082PROD with RULES




                                              harvest reductions (see Table 1), the                                      suggested that the trip limit should be
                                              Councils initially recommended                                             reduced to protect the stock and prevent               overharvesting. In addition, decreasing
                                              maintaining the current spiny dogfish                                      the fishery from becoming overfished.                  the trip limit would make it less likely
                                              trip limit of 5,000 lb (2,268 kg).                                           Response 1: As explained in the                      that the fishery could achieve optimum
                                              However, after recognizing that the                                        proposed rule, the ACLs are being                      yield.
                                              reduced 2016–2018 quotas are still                                         reduced in response to a recent stock                     Comment 2: Both Councils and
                                              significantly higher than landings in                                      assessment update that shows                           Massachusetts Division of Marine


                                         VerDate Sep<11>2014         17:35 Aug 12, 2016         Jkt 238001       PO 00000       Frm 00052   Fmt 4700   Sfmt 4700   E:\FR\FM\15AUR1.SGM   15AUR1


                                                                Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Rules and Regulations                                          53959

                                              Fisheries requested that we increase the                affected entities additional time to                  Under the SBA’s size standards, 18 of
                                              spiny dogfish trip limit.                               prepare for or comply with the                        the 1,830 (about 1 percent) spiny
                                                Response 2: We agree. This healthy                    implementation of this action. For these              dogfish fishing entities were determined
                                              stock remains greatly underutilized.                    reasons, a 30-day delay in effective date             to be large. Of the 1,812 entities deemed
                                              Increasing the trip limit provides an                   is both contrary to the public interest               to be small business entities by the SBA
                                              opportunity for the fishery to better                   and unnecessary.                                      criteria, 570 were finfish, 580 were
                                              harvest optimum yield and provide                          This final rule has been determined to             shellfish, and 244 were for-hire small
                                              increased revenue. For these reasons, in                be not significant for the purpose of E.O.            entities. Further, 418 small entities had
                                              addition to those detailed above, we are                12866.                                                no revenue in 2014.
                                              increasing the trip limit.                                 A final regulatory flexibility analysis               NMFS has qualitatively reviewed the
                                                                                                      (FRFA) was prepared. The FRFA                         analyses prepared for this final rule
                                              Classification                                          incorporates the initial regulatory                   using the new size standard. The new
                                                 The Administrator, Greater Atlantic                  flexibility analysis (IRFA), a summary of             standard could result in a few more
                                              Region, NMFS, determined that the                       the significant issues raised by the                  commercial shellfish businesses being
                                              2016–2018 specifications to the FMP are                 public comments in response to the                    considered small (due to the increase in
                                              necessary for the conservation and                      IRFA, and NMFS responses to those                     small business size standards). In
                                              management of the spiny dogfish fishery                 comments. A copy of this analysis is                  addition, the new standard could result
                                              and that it is consistent with the                      available (see ADDRESSES).                            in fewer commercial finfish businesses
                                              Magnuson-Stevens Fishery                                                                                      being considered small (due to the
                                              Conservation and Management Act and                     A Summary of the Significant Issues
                                                                                                                                                            decrease in size standards). On average,
                                              other applicable laws.                                  Raised by the Public in Response to the
                                                                                                                                                            for small entities, spiny dogfish is
                                                 There is good cause under 5 U.S.C.                   IRFA, a Summary of the Agency’s
                                                                                                                                                            responsible for a small fraction of total
                                              553(d)(3) to waive the 30-day delay in                  Assessment of Such Issues, and a
                                                                                                                                                            landings, and active participants derive
                                              effective date. Maintaining the 30-day                  Statement of Any Changes Made in the
                                                                                                                                                            a small share of gross receipts from the
                                              delay in effective date is contrary to the              Final Rule as a Result of Such
                                                                                                                                                            spiny dogfish fishery. As a result, it is
                                              public interest for several reasons. First,             Comments
                                                                                                                                                            unlikely that these size-standard
                                              increasing the dogfish possession limit                    A description of the final rule, why it            changes would have any impact on the
                                              from 5,000 lb (2,268 kg) to 6,000 lb                    is being considered, and the legal basis              previously conducted analyses.
                                              (2722 kg) will enhance fishing                          for this rule were contained in the
                                              opportunities and the change is                         preamble of the proposed rule for this                Description of the Projected Reporting,
                                              anticipated to increase landings and                    action (81 FR 40650; June 22, 2016) and               Record-Keeping, and Other Compliance
                                              associated fishing revenue for members                  are not repeated here. The public did                 Requirements of This Final Rule
                                              of the fishing industry. Therefore, this                not provide any comments on the IRFA;                   This final rule does not introduce any
                                              final rule relieves an economic hardship                therefore, there are no changes made in               new reporting, recordkeeping, or other
                                              while allowing the fishery to more                      this final rule with regards to the                   compliance requirements.
                                              effectively achieve optimum yield.                      economic analyses and impacts.
                                              Delaying this action for 30 days would                                                                        Description of the Steps the Agency Has
                                              result in foregone economic benefits                    Description and Estimate of Number of                 Taken To Minimize the Significant
                                              that could not be recovered. Second, the                Small Entities to Which the Rule Would                Economic Impact on Small Entities
                                              Mid-Atlantic Fishery Management                         Apply                                                 Consistent With the Stated Objectives of
                                              Council did not submit these                               This final rule would affect fishing               Applicable Statutes
                                              Specifications and the accompanying                     vessels, including commercial fishing                    These specifications include
                                              environmental assessment until March                    entities. In 2014, there were 2,473                   management measure alternatives for (1)
                                              11, 2016, making it virtually impossible                vessels that held an open access spiny                the spiny dogfish ACLs and associated
                                              to solicit public comment through a                     dogfish permit. Cross-referencing those               commercial quotas, and (2) spiny
                                              proposed rule and implement a final                     permits with vessel ownership data                    dogfish trip limits.
                                              rule prior to the start of the fishing year,            revealed that 1,830 business entities                    We do not anticipate any significant
                                              which began on May 1, 2016. Therefore,                  owned those vessels.                                  economic impacts on small entities to
                                              this delay has already resulted in                         On December 29, 2015, NMFS issued                  result from this action. While there is an
                                              missed fishing opportunities and                        a final rule establishing a small business            overall reduction in the ACLs, analyses
                                              revenue for fishermen and                               size standard of $11 million in annual                for this action indicate that spiny
                                              implementation should not be further                    gross receipts for all businesses                     dogfish landings have been substantially
                                              delayed. Third, keeping an                              primarily engaged in the commercial                   less than the specifications we are
                                              unnecessarily restrictive possession                    fishing industry (NAICS 11411) for                    approving for fishing years 2016–2018.
                                              limit would result in fishermen                         Regulatory Flexibility Act compliance                 It is unlikely that potential revenue
                                              wastefully discarding fish that could                   purposes (80 FR 81194). The $11                       losses would be directly equal to with
                                              have been retained with the higher                      million standard became effective on                  the ACL reductions. By contrast,
                                              possession limit approved under this                    July 1, 2016, and is to be used in place              maintaining the status quo ACL is
                                              rule. Maintaining the lower catch limit                 of the U.S. Small Business                            inconsistent with the stated objectives
                                              and requiring unnecessary discarding                    Administration’s (SBA) previous                       because it does not represent the best
                                              contradicts the best available science                  standards of $20.5 million, $5.5 million,             available science or the goals and
                                              and would prevent the fishery from                      and $7.5 million for the finfish (NAICS               objectives of the FMP.
sradovich on DSK3GMQ082PROD with RULES




                                              achieving optimum yield. Lastly,                        114111), shellfish (NAICS 114112), and                   Regarding spiny dogfish trip limits,
                                              because this rule imposes no further                    other marine fishing (NAICS 114119)                   this final rule increases trip limits from
                                              restrictions on the fishery that would                  sectors, respectively, of the U.S.                    5,000 lb (2,268 kg) to 6,000 lb (2,722 kg).
                                              alter existing fishing practices or require             commercial fishing industry.                          In general, higher trip limits could
                                              affected entities to acquire additional                    An IRFA was developed for this                     result in greater immediate revenue per
                                              equipment, there is no need to delay                    regulatory action prior to July 1, 2016,              trip. There is some risk that increasing
                                              implementation of this action to provide                using SBA’s previous size standards.                  trip limits could increase the potential


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                                              53960             Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Rules and Regulations

                                              for an abbreviated season if the quota or               rulemaking process, a letter to permit                PART 648—FISHERIES OF THE
                                              processing capacity is reached. Also, it                holders that also serves as small entity              NORTHEASTERN UNITED STATES
                                              is possible that a large trip limit increase            compliance guide was prepared. Copies
                                              could lower ex-vessel prices and/or                     of this final rule are available from the             ■ 1. The authority citation for part 648
                                              make prices more unstable. Given the                    Greater Atlantic Regional Fisheries                   continues to read as follows:
                                              low overall demand for spiny dogfish,                   Office (GARFO), and the compliance
                                              trip limits may not have a large effect on              guide, i.e., permit holder letter, will be                Authority: 16 U.S.C. 1801 et seq.
                                              overall revenue across the fishery.                     sent to all holders of permits for the                ■ 2. In § 648.235, revise paragraph (a)(1)
                                              Therefore, increasing the trip limit may                skate fishery. The guide and this final               to read as follows:
                                              help minimize economic impacts, but                     rule will be posted or publically
                                              only if prices remain relatively stable                 available on the GARFO Web site (see                  § 648.235 Spiny dogfish possession and
                                              and demand increases.                                   ADDRESSES).                                           landing restrictions.
                                                 Section 212 of the Small Business
                                              Regulatory Enforcement Fairness Act of                  List of Subjects in 50 CFR Part 648                     (a) * * *
                                              1996 states that, for each rule or group                  Fisheries, Fishing, Reporting and                     (1) Possess up to 6,000 lb (2,722 kg)
                                              of related rules for which an agency is                 recordkeeping requirements.                           of spiny dogfish per trip; and
                                              required to prepare a FRFA, the agency                                                                        *     *    *     *     *
                                                                                                        Dated: August 9, 2016.
                                              shall publish one or more guides to                                                                           [FR Doc. 2016–19342 Filed 8–12–16; 8:45 am]
                                              assist small entities in complying with                 Paul Doremus,
                                                                                                                                                            BILLING CODE 3510–22–P
                                              the rule, and shall designate such                      Deputy Assistant Administrator for
                                              publications as ‘‘small entity                          Operations, National Marine Fisheries
                                                                                                      Service.
                                              compliance guides.’’ The agency shall
                                              explain the actions a small entity is                     For the reasons set out in the
                                              required to take to comply with a rule                  preamble, 50 CFR part 648 is amended
                                              or group of rules. As part of this                      as follows:
sradovich on DSK3GMQ082PROD with RULES




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Document Created: 2016-08-13 02:22:52
Document Modified: 2016-08-13 02:22:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective on August 15, 2016.
ContactWilliam Whitmore, Fishery Policy Analyst, (978) 281-9182.
FR Citation81 FR 53958 
RIN Number0648-BF88
CFR AssociatedFisheries; Fishing and Reporting and Recordkeeping Requirements

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