Browse: Departments Dates Agencies
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
CFR Citation: 50 CFR Part 648
Docket ID: [Docket No. 060418103-6103-01; I.D. 040706F]
RIN ID: RIN 0648-AT59
NOTICE: PROPOSED RULES
ACTION: Fishery conservation and management:
DOCUMENT ACTION: Proposed rule; request for comments.
SUBJECT CATEGORY: Fisheries of the Northeastern United States; Proposed 2006 Through 2008 Specifications for the Spiny Dogfish Fishery
DATES: Public comments must be received (see ADDRESSES) no later than 5 p.m. eastern standard time on May 23, 2006.
DOCUMENT SUMMARY: NMFS proposes specifications for the spiny dogfish fishery for the 2006 through 2008 fishing years (May 1, 2006, through April 30, 2009). The implementing regulations for the Spiny Dogfish Fishery Management Plan (FMP) require NMFS to publish specifications for up to a period of 5 years and to provide an opportunity for public comment. The intent of this rulemaking is to specify the commercial quota and other management measures, such as possession limits, to rebuild the spiny dogfish resource. NMFS also proposes that the possession limits for dogfish be set at 600 lb (272 kg) for both quota periods 1 and 2 of the fishery.
SUMMARY: Northeastern United States fisheries—; Spiny dogfish,
SUPPLEMENTAL INFORMATION
Spiny dogfish were declared overfished by NMFS on April 3, 1998, and added to that year's list of overfished stocks in the Report on the Status of the Fisheries of the United States, prepared pursuant to section 304 of the MagnusonStevens Fishery Conservation and Management Act (MagnusonStevens Act). Consequently, the MagnusonStevens Act required the preparation of measures to end overfishing and to rebuild the spiny dogfish stock. A joint FMP was developed by the MidAtlantic and New England Fishery Management Councils (Councils) during 1998 and 1999. The MidAtlantic Fishery Management Council (MAFMC) was designated as the administrative lead on the FMP. The regulations implementing the FMP at 50 CFR part 648, subpart L,
outline the process for specifying the commercial quota and other management measures (e.g., minimum
[[Page 26727]]
or maximum fish sizes, seasons, mesh size restrictions, possession
limits, and other gear restrictions) necessary to assure that the
target F specified in the FMP will not be exceeded in any fishing year
(May 1 April 30), for a period of 1 5 fishing years. The target F is
not to exceed 0.08. The annual quota is allocated between two semi
annual quota periods as follows: period 1, May 1 through October 31
(57.9 percent); and period 2, November 1 through April 30 (42.1 percent).
The Spiny Dogfish Monitoring Committee (Monitoring Committee), comprised of representatives from states; MAFMC staff; New England Fishery Management Council (NEFMC) staff; NMFS staff; and two non voting, exofficio industry representatives (one each from the MAFMC and NEFMC regions) is required to review annually the best available information and to recommend a commercial quota and other management measures necessary to achieve the target F for the 15 fishing years. The Council's Joint Spiny Dogfish Committee (Joint Committee) then considers the Monitoring Committee's recommendations and any public comment in making its recommendation to the two Councils. Afterwards, the MAFMC and the NEFMC make their recommendations to NMFS. NMFS reviews those recommendations to assure they are consistent with the FMP, and may modify them if necessary. NMFS then publishes proposed measures for public comment.
Monitoring Committee Recommendations
The Monitoring Committee met on September 22, 2005 and developed
recommendations based on the latest stock status updates. Although the
Spiny Dogfish FMP allows for a maximum fishing mortality rate of F =
0.08, the 37th Stock Assessment Review Committee (SARC) recommended
that total removals not exceed the amount corresponding to F=0.03
(F
The Joint Committee met on October 4, 2005, and recommended that the Councils adopt a commercial quota of 4 million lb (1,814 mt) and possession limits of 600 lb (272 kg) for both quota periods. Additionally, the Joint Committee recommended that these measures apply only to the upcoming fishing year. The Joint Committee recommended increasing the possession limit above the status quo in order to accommodate the high volume demand required by the processing sector of the spiny dogfish fishery. The specification of the measures for FY2006 only was recommended because a benchmark assessment for spiny dogfish will be conducted in 2006, and results will be available to serve as the basis of subsequent specifications.
Council Recommendations
At its October 5, 2005, meeting the MAFMC endorsed the Monitoring
Committee's recommendation for a 2 million lb (907 mt) incidental catch
quota, but recommended a possession limit of 600 lb (272 kg) in both
quota periods. Under the MAFMC recommendation, the specifications would
be set for 3 years. At its November 16, 2005 meeting the NEFMC
recommended an incidental catch quota of 4 million lb (1,814 mt), with
a possession limit of 600 lb (272 kg) in both quota periods.
Additionally, the NEFMC recommended that the management measures be applied only to the upcoming 2006 fishing year.
Alternatives Adopted by the Atlantic States Marine Fisheries Commission (ASFMC)
In October 2005, the ASMFC adopted specifications for the 2006/2007 fishing year only, setting a 4 million lb (1,814 mt) annual quota with possession limits of 600 lb (272 kg) in both quota periods. Proposed Measures
NMFS reviewed both Councils' recommendations and proposes to maintain the annual dogfish quota at 4 million lb (1,814 mt), with a possession limit of 600 lb (272 kg), for both quota periods, for a period of 3 years. The quota would be allocated to the two semiannual periods as follows: 2,316,000 lb (1.05 million kg) for quota period 1, and 1,684,000 lb (763,849 kg) for quota period 2.
The Council's analysis of the Council proposals concludes that the U.S. commercial spiny dogfish landings are controlled more by the possession limits than the overall quota. Maintaining the limits of 600 lb (272 kg) for both quota periods would allow for the retention of spiny dogfish caught incidentally while fishing for other species, but discourage directed fishing and therefore provide protection for mature female spiny dogfish, the portion of the stock that has been traditionally targeted in the directed fishery, and the stock component that is most in need of protection and rebuilding.
These proposed measures would also be consistent with the measures
being implemented under the ASMFC's Interstate Fishery Management Plan
in state waters, at least for FY 2006. This would have the benefit of
establishing consistent management measures in Federal and state
jurisdictions, and would simplify monitoring and enforcement. As
demonstrated in previous years when measures differed in state and
Federal waters, the benefits of a more restrictive quota in Federal
waters would likely be slight because fishing would continue in state
waters under the less restrictive ASMFC quota. In addition, discard
mortality associated with continuing incidental catches would continue
to occur after a quota period was closed, further undermining the
conservation benefits of a more restrictive quota in Federal waters. [[Page 26728]]
Therefore, setting the quota at 4 million lb (1,814 mt) would enable
additional incidental catch to be landed. The Northeast Fisheries
Science Center's review of the proposed measure concluded that the
higher quota would not significantly alter the rebuilding period (no
more than 1 or 2 years), though continued low recruitment could change this conclusion.
The NMFS proposal is identical to the NEFMC proposal, except for the duration of the specifications, with the NMFS proposal setting the specifications for three years, instead of one. There would be an administrative benefit to setting the specifications for a period of 3 years. Although in the intervening years, the Council and NMFS would be monitoring the status of the dogfish stock to determine if any changes to the specifications are warranted, the annual review under this proposal will be less administratively burdensome to the Councils and NMFS than the specifications process. If changes in stock status require a modification to the specifications, the Councils could initiate that process. Setting the specifications for 3 years also would give fishermen the opportunity to have a longer time horizon for business planning.
This rulemaking would change the language in the regulations that sets the possession limit for dogfish at 300 lb (136 kg) for period 2 of the fishery, to 600 lb (272 kg). This change is necessary in order to modify the possession limits through this action.
Classification
This action is authorized by 50 CFR part 648 and has been determined to be not significant for purposes of Executive Order 12866.
An IRFA was prepared, as required by section 603 of the Regulatory Flexibility Act, which describes the economic impacts this proposed rule, if adopted, would have on small entities. A copy of the IRFA can be obtained from the Council or NMFS (see ADDRESSES) or via the Internet at http://www.nero.noaa.gov. A summary of the analysis follows:
Statement of Objective and Need
A description of the reasons why this action is being considered, and the objectives of and legal basis for this action, is contained in the preamble to this proposed rule and is not repeated here. Description and Estimate of Number of Small Entities to Which the Rule Will Apply
All of the potentially affected businesses are considered small
entities under the standards described in NMFS guidelines because they
have gross receipts that do not exceed $3.5 million annually.
Information from the 2004 fishing year was used to evaluate impacts of
this action, as that is the most recent year for which data are
complete. According to NMFS permit file data, 2,911 vessels possessed
Federal spiny dogfish permits in 2004, while 180 of these vessels contributed to overall landings.
Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements
This action does not contain any new collectionofinformation, reporting, recordkeeping, or other compliance requirements. It does not duplicate, overlap, or conflict with any other Federal rules. Minimizing Significant Economic Impacts on Small Entities
The IRFA considered three alternatives. The action recommended in this proposed rule includes a commercial quota of 4 million lb (1,814 mt), and the possession limit at 600 lb (272 kg), for both quota periods, for a period of three years. Alternative 2 is the MAFMC proposal, which includes a 2 million lb (907 mt) quota with possession limits of 600 lb (272 kg) in both quota periods, for a period of three years. Alternative 3 is the NEFMC proposal, which includes a commercial quota of 4 million lb (1,814 mt), with possession limits of 600 lb (272 kg) in both quota periods, for a period of one year.
Based on NMFS dealer reports, spiny dogfish landings in fishing year 2004 were roughly 1.5 million lb (680 mt). These landings occurred at a time when the Federal and state management measures for spiny dogfish were identical, with a quota of 4 million lb (1,814 mt), and the possession limits for periods 1 and 2 set at 600 lb (272 kg) and 300 lb (136 kg), respectively. This shows that the U.S. commercial spiny dogfish landings are controlled more by the possession limits than the overall quota, unless the quota is set so low as to be constraining.
All three of the alternatives to the noaction alternative considered could lead to a slight increase in revenues to individual fishermen from the sale of dogfish. This is because all three of the alternatives would increase the possession limit in quota period 2 to 600 lb (272 kg). Setting the possession limit at 600 lb (272 kg) throughout the year, as opposed to 600 (272 kg) and 300 lb (136 kg) in periods 1 and 2 respectively, would allow fishermen to land higher amounts of dogfish in the second period as compared to what was landed in fishing year 2004. If the 1,124 fishing trips that landed spiny dogfish in period 2 of FY2004 had all landed 600 lb (272 kg), periodic landings would have increased from 320,000 lb (145 mt) to 560,000 lb (254 mt), for a net increase of 240,000 lb (109 mt), which, at the average price of 0.17 cents per pound of dogfish, equals roughly an addition $41,000 in net revenue.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: May 2, 2006.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.
For the reasons set out above, 50 CFR part 648 is proposed to be amended as follows:
PART 648FISHERIES 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 Sec. 648.235, paragraph (b) is revised as follows: Sec. 648.235 Possession and landing restrictions.
* * * * *
(b) Quota Period 2. From November 1 through April 30, vessels
issued a valid Federal spiny dogfish permit specified under Sec. 648.4(a)(11) may:
(1) Possess up to 600 lb (272 kg) of spiny dogfish per trip; and
(2) Land only one trip of spiny dogfish per calendar day. * * * * *
[FR Doc. E66931 Filed 5506; 8:45 am]
BILLING CODE 351022S
FOR FURTHER INFORMATION CONTACT Eric Jay Dolin, Fishery Policy Analyst, (978)2819259, fax (978)2819135.
Common CFR Searches
14 CFR Part 39 40 CFR Part 52 14 CFR Part 71 33 CFR Part 165 50 CFR Part 679 26 CFR Part 1 40 CFR Part 180 47 CFR Part 73 50 CFR Part 17 33 CFR Part 117 44 CFR Part 67 50 CFR Part 648 14 CFR Part 97 33 CFR Part 100 40 CFR Part 63 50 CFR Part 622 26 CFR Part 301 39 CFR Part 111 40 CFR Part 300 50 CFR Part 660 44 CFR Part 65 40 CFR Parts 52 and 81 40 CFR Part 271 47 CFR Part 64 50 CFR Part 665 47 CFR Part 76 50 CFR Part 229 14 CFR Part 23 14 CFR Part 25 21 CFR Part 522