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Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Rules and Regulations
projected 2022 spiny dogfish specifications to maintain compliance with the Mid-Atlantic Councils updated risk policy Table 1, as outlined in the proposed rule. Although
catch limits were already projected to increase in 2021 compared to fishing year 2020, this final revised commercial quota is 8-percent higher than it would have been before applying the new risk
policy. Specifications for fishing year 2022 are projected to be unchanged from these revised 2021 limits.

TABLE 1SUMMARY OF FINAL 2021 AND PROJECTED 2022 SPINY DOGFISH SPECIFICATIONS
20212022 Specifications Million pounds ABC
ACL = ACT
TAL
Commercial Quota

This action does not change any other fishery management measures, including the 6,000-lb Federal trip limit and restriction of one landed trip per calendar day, leaving them unchanged for fishing years 2021 and 2022. By providing projected specifications for 2022, NMFS hopes to assist fishery participants in planning ahead. The Councils will review these projected 2022 specifications to determine if any changes need to be made prior to their final implementation. Changes may occur if quota overages trigger accountability measures, or if new stock information results in changes to the ABC recommendations. NMFS will publish a notice prior to the 2022
fishing year to confirm the projected quotas as final or announce any necessary changes. NMFS expects the 2022 stock assessment to inform development of the next set of specifications beginning in fishing year 2023.

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Comments and Responses The public comment period for the proposed rule ended on March 19, 2021, and NMFS received one comment from the public. The commenter stated that the proposed increase in quota is foolhardy, and suggested that dogfish quotas should instead be cut by 50
percent. The commenter presented no rationale or evidence to support these claims. These specifications were developed using the best scientific information available and recent fishery behavior, and incorporates an allowable level of risk according to the MidAtlantic Councils risk policy. No changes to the proposed specifications were made as a result of the comment.
Changes From the Proposed Rule There are no changes from the proposed rule.

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Classification Pursuant to section 304b3 of the Magnuson Stevens Fishery Conservation and Management Act MagnusonStevens Act, the NMFS Administrator, Greater Atlantic Region, has determined that these specifications are necessary for the conservation and management of the Atlantic spiny dogfish fishery, and that it is consistent with the Atlantic Spiny Dogfish FMP, other provisions of the Magnuson-Stevens Act, and other applicable laws.
This action relieves a restriction by increasing annual quota catch limits in the spiny dogfish fishery, and is therefore not subject to the 30-day delayed effectiveness provision of the Administrative Procedure Act pursuant to 5 U.S.C. 553d1. This final rule increases all catch specifications from the ABC to the coastwide commercial quota from what was initially planned to go into effect in fishing year 2021 by 8 and 9 percent, respectively; and 24
and 27 percent, respectively, compared to 2020 specifications. These increases are intended to provide additional flexibility and economic opportunity for the spiny dogfish fishing industry. The 2021 fishing year begins on May 1, 2021. If the 30-day delayed effectiveness period postpones the implementation of these measures beyond the May 1 start of the fishing year, the lower and unnecessarily restrictive initially projected 2021 catch limits will roll over into the beginning of 2021. This would be contrary to the public interest as it could create confusion and potential economic harm to the spiny dogfish fishery through lost opportunity under the lower catch limits at the beginning of the fishing year.
Furthermore, this action does not require any additional time to come into compliance with this rule. Unlike
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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. Therefore, NMFS also finds good cause not to delay this final rules effectiveness, consistent with 5 U.S.C. 553d3; and to implement these specifications on May 1, 2021, for the 2021 fishing year.
This final rule is exempt from review under Executive Order 12866 because the action contains no implementing regulations.
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.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 28, 2021.
Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.
FR Doc. 202109288 Filed 42921; 4:15 pm BILLING CODE 351022P

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