[Federal Register Volume 66, Number 62 (Friday, March 30, 2001)]
[Proposed Rules]
[Pages 17391-17395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7937]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 010319071-1071-01; I.D. 030101H]
RIN 0648-AO53


Fisheries of the Northeastern United States; Spiny Dogfish 
Fishery; 2001 Specifications

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes specifications for the spiny dogfish fishery for 
the 2001 fishing year, which is May 1, 2001, through April 30, 2002. To 
enhance at-sea enforcement, this rule also proposes a revision to the 
current trip limits that would specify them as possession limits with 
the provision that these levels be the maximum amount of spiny dogfish 
that may be landed in 1 calendar day. The intent of this proposed rule 
is to conserve and manage the spiny dogfish resource in compliance with 
the Spiny Dogfish Fishery Management Plan (FMP), its implementing 
regulations, and the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act).

DATES: Public comments must be received (see ADDRESSES) no later than 5 
p.m. eastern standard time on April 14, 2001.

ADDRESSES: Written comments on the proposed specifications must be sent 
to Patricia A. Kurkul, Regional Administrator, Northeast Region, 
National Marine Fisheries Service, One Blackburn Drive, Gloucester, MA 
01930-2298. Mark on the outside of the envelope, ''Comments--2001 Spiny 
Dogfish Specifications.'' Comments may also be sent via facsimile (fax) 
to (978) 281-9371. Comments will not be accepted if submitted via e-
mail or the Internet.
    Copies of supporting documents used by the Spiny Dogfish Monitoring 
Committee; the Environmental Assessment, Regulatory Impact Review, 
Initial Regulatory Flexibility Analysis (EA/RIR/IRFA); and the 
Essential Fish Habitat Assessment are available from Daniel Furlong, 
Executive Director, Mid-Atlantic Fishery Management Council, Federal 
Building, Room 2115, 300 South Street, Dover, DE 19904. The EA/RIR/IRFA 
is accessible via the Internet at http:/www.nero.nmfs.gov/ro/doc/nero.html.

FOR FURTHER INFORMATION CONTACT: Richard A. Pearson, Fishery Policy 
Analyst, (978) 281-9279, fax (978) 281-9135, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Spiny dogfish were declared overfished by NMFS on April 3, 1998, 
and added to the list of overfished stocks in the 1998 Report on the 
Status of the Fisheries of the United States, prepared pursuant to 
section 304 of the Magnuson-Stevens Act. Because spiny

[[Page 17392]]

dogfish has been declared to be overfished, the Magnuson-Stevens Act 
requires the responsible Regional Fishery Management Council(s) to 
prepare measures to end overfishing and to rebuild the spiny dogfish 
stock. To address overfishing and other concerns, the Mid-Atlantic 
(MAFMC) and New England (NEFMC) Fishery Management Councils developed a 
joint Spiny Dogfish FMP during 1998 and 1999. The MAFMC was designated 
as the administrative lead for the FMP.
    The regulations implementing the FMP at 50 CFR part 648, subpart L, 
outline the process for specifying annually the commercial quota and 
other management measures (e.g., minimum or maximum fish sizes, 
seasons, mesh size restrictions, trip limits, and other gear 
restrictions) for the spiny dogfish fishery to achieve the annual 
fishing mortality rate (F) target specified in the FMP. The target F 
specified in the FMP for the 2001 fishing year is 0.03.
    The implementing regulations require that the Spiny Dogfish 
Monitoring Committee (Monitoring Committee), comprised of 
representatives from states, MAFMC staff, NEFMC staff, NMFS staff, and 
two non-voting, ex-officio industry representatives (one each from the 
MAFMC and NEFMC regions) review annually the best available information 
and recommend a commercial quota and other management measures 
necessary to achieve the target F for the upcoming fishing year. 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.
    In 2000, the Councils were unable to reach agreement on a 
recommendation for the fishing year 2000 specifications. Therefore, 
NMFS issued an interim final rule implementing specifications at 65 FR 
25887, May 4, 2000. The interim final rule implementing the 2000 
specifications established a total quota of 4.5 million lb (2,041 mt), 
of which 4 million lb (1,814 mt) was allocated to the commercial 
fishery and 500,000 lb (226.7 mt) was set aside for spiny dogfish 
exempted experimental fishing projects. As required by the FMP, 57.9 
percent of the commercial quota (2,316,000 lb (1,050,520 kg)) was 
allocated to period 1 (May 1, 2000-Oct. 31, 2000), and 42.1 percent of 
the commercial quota (1,684,000 lb (763,850 kg)) was allocated to 
period 2 (Nov. 1, 2000-April 30, 2001). In addition, the interim final 
rule established trip limits of 600 lb (272 kg)/trip for period 1, and 
300 lb (136 kg)/trip for period 2. These measures were determined to be 
necessary to achieve the target F of 0.03 that was specified in the FMP 
rebuilding schedule for the 2000 fishing year.

Monitoring Committee Recommendations

    The Monitoring Committee met on November 17, 2000, to review 
updated stock assessment information. F estimates from the Beverton-
Holt model have increased from less than 0.05 prior to 1990 to greater 
than 0.3 since about 1995. F has exceeded the overfishing threshold 
level of 0.11 since 1991. Using audited Northeast Fisheries Science 
Center (NEFSC) spring survey trawl data, the Monitoring Committee 
compared mean number per tow and biomass per tow values for female 
spiny dogfish at length for three periods: 1985-1988, 1995-1997, and 
1998-2000. The Monitoring Committee noted a reduction in the biomass of 
adult females (>85cm) throughout the time series. Biomass of large 
mature females was over 882 million lb (400 million kg) in 1990. Since 
1990, the estimate of mature female biomass has declined steadily. The 
3-year moving average of swept-area female biomass for theperiod 1998-
2000 declined to about 128 million lb (58 million kg), or about 29 
percent of the Monitoring Committee's originally recommended biomass 
rebuilding target (Bmsy) of 200,000 mt (441 million lb). Also, the 
Monitoring Committee indicated that the large accumulation of female 
biomass between 60 and 90 cm evident in the 1995-1997 time period had 
been greatly reduced. This large accumulation of female biomass had 
provided the opportunity to rebuild spiny dogfish relatively quickly. 
Updated projections of future stock sizes under the FMP's target F of 
0.03 indicate that, due to the recent reduction in the portion of the 
female stock between 60-90 cm, the time period necessary to rebuild the 
adult female biomass to the Monitoring Committee's originally 
recommended target has been extended from 10 years to approximately 17 
years.
    Coincident with the dramatic reduction in the adult female portion 
of the stock since the onset of the directed fishery in 1989, spiny 
dogfish pup production has also significantly declined. The survey 
indices for pups have been the lowest in the 33-year time series for 
the past 4 consecutive years (1997-2000), indicating recruitment 
failure.
    The Monitoring Committee initially calculated the yield projection 
at F=0.03 for 2001 to be about 3.5 million lb (1.59 million kg) using a 
mean estimated population size. After considering the uncertainty and 
variability in the population estimates for spiny dogfish that were 
previously described in the interim final rule (65 FR 25887, May 4, 
2000), the Monitoring Committee recommended a commercial quota of 4 
million lb (1.814 mt), which was determined to achieve F=0.03 in 2001. 
As specified in the FMP, the 4-million lb (1.814-mt) recommended quota 
would be divided into two semi-annual periods as follows: 57.9 percent 
for period 1 (May 1-Oct. 31, 2000)-2,316,000 lb (1,050,512 kg); and 
42.1 percent for period 2 (Nov. 1, 2000-April 30, 2001)-1,684,000 lb 
(763,849 kg). The Monitoring Committee recommended that possession 
limits remain the same as the 2000 fishing year: 600 lb (272 kg) for 
quotaperiod 1, and 300 lb (136 kg) for quota period 2. The Monitoring 
Committee also recommended that up to an additional 500,000 lb (226.7 
mt) of spiny dogfish be allocated for exempted experimental fishery 
projects to examine the feasibility of a male-only spiny dogfish 
fishery, and to improve information on spiny dogfish bycatch and 
discard mortality.

Joint Spiny Dogfish Committee Recommendations

    The Joint Spiny Dogfish Committee met on December 7, 2000, to 
consider the recommendations of the Monitoring Committee, and to make a 
recommendation to the Councils. The Joint Spiny Dogfish Committee 
recognized that the Councils are obliged to set a commercial quota 
consistent with F=0.03 and adopted the Monitoring Committee 
recommendation for a 4-million lb (1.81-million kg) quota to be 
allocated to the commercial fishery and 500,000 lb (226,796 kg) to be 
allocated for exempted experimental fisheries. The Joint Committee did 
not adopt the Monitoring Committee's possession limit, but made a 
recommendation for possession limits of 5,000 lb (2,268 kg) for both 
quota periods.

Alternatives Proposed by the Councils

    The MAFMC met on December 12-14, 2000, and the NEFMC met on January 
23 - 25, 2001, to consider the recommendations of the Joint Spiny 
Dogfish Committee and to recommend specifications for the 2001 fishing 
year. Both Councils adopted the Joint Committee's quota recommendation 
to allocate 4 million lb (1.81 million kg) to the commercial fishery, 
and 500,000 lb

[[Page 17393]]

(226,796 kg) for exempted experimental fishing projects for fishing 
year 2001. period 1 (May 1 through October 31) would be allocated 
2,316,000 lb (1,050,512 kg), and period 2 (November 1 through April 30) 
would be allocated 1,684,000 lb (763,849 kg).
    The two Councils differed on their possession limit 
recommendations. The MAFMC adopted the Monitoring Committee's 
recommendation for possession limits of 600 lb (272 kg) and 300 lb (136 
kg) for periods 1 and 2, respectively. The NEFMC adopted the Joint 
Committee's recommendation for a possession limit of 5,000 lb (2,268 
kg) for both quota periods. Both Councils also recommended prohibiting 
vessels from landing more than the specified limit in 1 calendar day, 
and revising the trip limit to a possession limit.

Proposed 2001 Measures

    NMFS proposes a commercial spiny dogfish quota of 4 million lb 
(1.81 million kg) for the 2001 fishing year, as recommended by both 
Councils. The quota would be divided into two semi-annual periods as 
follows: 2,316,000 lb (1,050,512 kg) for period 1 (May 1, 2001-Oct. 31, 
2001); and 1,684,000 lb (763,849 kg) for period 2 (Nov. 1, 2001-April 
30, 2002). This level was recommended by the Monitoring Committee, and 
was determined to achieve the target F of 0.03, as specified in the FMP 
for the 2001-2002 fishing year. Although the Monitoring Committee and 
both Councils recommended that an additional 500,000 lb (226,796 kg) be 
allocated for experimental fishing projects, the FMP and its 
implementing regulations do not contain a provision to allow for the 
allocation of such an exempted quota set-aside. Only through 
Secretarial interim action was it possible to implement such a 
provision for the 2000 fishing year. Therefore, NMFS has not proposed 
such an allocation.
    NMFS proposes to implement the spiny dogfish possession limits that 
were recommended by the Monitoring Committee and the MAFMC. These 
limits are: 600 lb (272 kg) for period 1, and 300 lb (136 kg) for 
period 2. The FMP discourages a directed fishery during the rebuilding 
period, because the directed fishery has traditionally targeted large 
mature female spiny dogfish, the stock component that is most in need 
of protection and rebuilding. A trip limit level of 5,000 lb (2,268 kg) 
could result in a directed fishery, which is inconsistent with the FMP. 
The proposed lower limits of 600 lb (272 kg) and 300 lb (136 kg) for 
period 1 and period 2, respectively, would allow fishermen to retain 
spiny dogfish caught incidentally, while discouraging directed fishing 
and, thereby, providing protection to mature female spiny dogfish.
    An analysis of the trip limits examined the expected reduction in 
the regulatory discards of spiny dogfish based on economic decisions of 
vessel owners when faced with the subject trip limits. This analysis 
indicates that trip limits, in combination with a low commercial quota, 
will produce a high level of regulatory discards, because spiny dogfish 
are encountered, landed, and discarded in nearly all major fisheries in 
the region. However, the goal of the FMP and the 2001 specifications is 
to eliminate the directed fishery in order to meet the F=0.03 target. 
According to the FMP, high discards are also associated with the 
directed spiny dogfish fishery. Because the spiny dogfish landed in 
this fishery are primarily large females, smaller dogfish are usually 
discarded. Thus, providing for a low trip limit that eliminates the 
directed fishery should decrease the mortality of female spiny dogfish. 
In addition, since spiny dogfish is a low value species that is 
difficult to handle onboard vessels, the projection of spiny dogfish 
discards in the trip limit analyses is thought to be overestimated; 
vessel owners are expected to make efforts to avoid spiny dogfish while 
targeting other species because of the effort associated with 
discarding them. The proposed trip limits are intended to result in 
faster rebuilding of the adult spawning stock. Although discarding of 
spiny dogfish will likely continue in non-directed fisheries, it is not 
expected to cause negative impacts that have not already been 
considered in the FMP.
    This rule also proposes changing the landing limits to be 
possession limits, with the provision that these limits be the maximum 
amount of spiny dogfish that may be landed in 1 calendar day. The 
intent of this proposed change would be to enhance at-sea enforcement 
and to prohibit multiple landings in the same day. This change would be 
consistent with recent changes in the landing limits for several other 
Mid-Atlantic fisheries.

Classification

    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866.
    The MAFMC prepared an IRFA that describes the impact this proposed 
rule, if adopted, would have on small entities. A copy of the complete 
IRFA can be obtained from the MAFMC (see ADDRESSES) or via the Internet 
at http:/www.nero.nmfs.gov/ro/doc/nero.html. A summary of the analysis 
follows:
    A description of the action, why it is being considered, and the 
legal basis for this action are contained at the beginning of this 
section of the preamble and in the SUMMARY section of the preamble. 
This proposed rule would not duplicate, overlap, or conflict with other 
Federal rules, nor would it establish any new reporting or 
recordkeeping requirements.
    The proposed rule would apply to 596 vessels that reported spiny 
dogfish landings to NMFS in 1999, all of which are small entities. 
However, any of the 2,759 vessels that obtained Federal spiny dogfish 
permits in 2000 could potentially be affected by the proposed measures. 
Vessels that did not have a Federal fishery permit in 1999, such as 
vessels that fish in state waters only, were not included in the 
analysis. Although it is likely that the measures would have some 
impact on the activity of these vessels, should their owners choose to 
acquire a Federal spiny dogfish permit, the magnitude of this impact 
could not be determined.
    The MAFMC's analysis of the action considered three alternatives. 
The MAFMC's alternative (Alternative 1) includes a commercial quota of 
4 million lb (1,814 mt); possession limits of 600 lb (272 kg) during 
period 1 and 300 lb (136 kg) during period 2; and a 500,000-lb (2,268-
kg) experimental fishery quota. (The experimental fishery quota is not 
included in this proposed rule.) The NEFMC's alternative (Alternative 
2) includes a commercial quota of 4 million lb (1,814 mt); a possession 
limit of 5,000 lb (2,268 kg) for both quota periods; and a 500,000-lb 
(2,268-kg) experimental quota. The Councils' Alternative 3 would be no 
management action (Status Quo), which would result in an open fishery 
in the absence of annual specifications.
    A large portion of affected vessels identified in the analysis 
would likely experience revenue losses under any of the alternatives. 
Under Alternative 3, with no quota or management measures, landings are 
projected to be 22.0 million lb (9,979 mt) in 2001-2002, based on an 
analysis prepared by the Monitoring Committee. This represents an 
increase from 2000 landings of 6.7 million lb (3,039 mt), but it also 
represents a 32-percent decrease from 1999 landings. Although 
unrestricted fishing would result in higher short-term landings, as 
compared to 2000, a continuation of unrestricted fishing would result 
in continually decreasing harvests over the long-term, due to continued 
declines in stock size resulting from overfishing. As landings declined 
over the long-term,

[[Page 17394]]

revenues would correspondingly decline for a large portion of the 
industry.
    The potential changes in revenues under the 4-million lb (1,814 mt) 
quota (preferred alternative) were evaluated relative to landings and 
revenues derived during the 2000 - 2001 fishing year (6.7 million lb 
(3,039 mt) of landings, valued at $1.072 million). The analysis assumed 
that the revenues of the 596 vessels that landed spiny dogfish in 1999 
would be reduced proportionately by the proposed action. The reduction 
in overall gross revenues to vessels was estimated to be about 
$432,000, or about $725 per vessel, compared to 2000-2001.
    Of the 596 vessels, 36 would be expected to experience a reduction 
in total gross revenues (all species combined) of more than 5 percent 
as a result of the 2.7-million lb (1224 mt) reduction from actual 2000 
landings. This represents 6 percent of the vessels landing spiny 
dogfish in 1999. The remaining 560 vessels would be expected to 
experience a reduction in total gross revenues of less than 5 percent.
    The analysis of the Alternative 1 possession limits of 600 lb (272 
kg) in period 1, and 300 lb (136 kg) in period 2 is based on possible 
economic decisions of vessel owners during spiny dogfish trips. The 
analysis includes estimates of the reduction in the number of trips, 
the level of landings during the quota period, and projected closure 
dates of the quota periods. The analysis projected that, on average, 
under a possession limit of 600 lb (272 kg) for period 1, landings will 
exceed the semi-annual quota of 2,316,000 lb (1,050 mt) on about 
September 5, 2001 (128 days into the quota period). During period 2, 
however, if a 300-lb (136 kg) possession limit was in effect, landings 
were projected not to exceed the semi-annual quota of 1,684,000 lb (764 
mt). The analysis projected landings of only 615,213 lb (279 mt) during 
period 2 based on a 5 year average from 1994-1998. Thus, approximately 
1,069,000 lb (485 mt) of allowable spiny dogfish landings were 
projected not to be landed. Although the commercial quota would be 4 
million lb (1,814 mt), total landings under this alternative are 
projected to reach only 2,930,663 lb (1,329 mt). However, the analysis 
does not account for behavioral changes by vessel operators, which 
could impact the amount of landings. These changes could not be 
analyzed. Also, since vessels without Federal permits are not captured 
in the analysis, additional landings are likely to occur.
    Under the Alternative 2 possession limit of 5,000 lb (2,268 kg), 
period 1 landings would exceed the semi-annual quota of 2,316,000 lb 
(1,050 mt) on about June 11, 2001 (42 days into the quota period). 
During quota period 2, the analysis projects that landings would exceed 
the semi-annual quota of 1,684,000 lb (764 mt) on about December 10, 
2001 (40 days into the quota period).
    For Quota Period 1, a possession limit of 5,000-lb (2,268-kg) is 
estimated to eliminate approximately 26 percent of fishing trips. 
Because the 600-lb (136-kg) possession limit is expected to eliminate 
any directed fishing on spiny dogfish, this possession limit is 
estimated to eliminate a maximum of 21 percent of fishing trips, but 
only to the extent that the possession limits on spiny dogfish would 
make those trips unprofitable. For Quota Period 2, a possession limit 
of 5,000-lb (2,268-kg) is estimated to eliminate approximately 22 
percent of fishing trips. Eliminating a directed fishery as in Quota 
Period 1, a Quota Period 2 possession limit of 300 lb (136 kg) is 
estimated not to eliminate any fishing trips. The analysis indicates 
that some vessels would stop landing spiny dogfish because the 
possession limits would reduce revenue below operating costs. The 
Alternative 1 possession limits could eliminate 21 percent of trips in 
period 1. The Alternative 2 trip limit could eliminate 26 percent and 
22 percent of trips in periods 1 and 2, respectively. The number of 
trips eliminated under a 5,000-lb (2,268-kg) possession limit increases 
because the length of the season under the higher trip limit would be 
significantly reduced. Revenues from spiny dogfish were estimated using 
an ex-vessel value of 16 cents per pound. It is possible that the 
effort from the eliminated spiny dogfish trips could move into other 
fisheries where vessels could make up for some or all of the lost 
revenue. However, it is not clear at what level this would occur or how 
much additional revenue it would create for the vessels.
    Although more vessels would find it profitable to land spiny 
dogfish under a trip limit of 5,000 lb (2,268 kg) while the season is 
open, the season would close sooner than under the lower trip limits. 
Under the lower trip limits, vessels may still be able to make 
profitable trips by directing on other species and landing up to the 
trip limit of 600 lb (272 kg) or 300 lb (136 kg) of spiny dogfish. 
Revenues from spiny dogfish alone would be minimal, but the lower trip 
limits would likely end the directed fishery, consistent with the FMP. 
If major spiny dogfish markets were eliminated as a result of low 
supply due to a low trip limit or quick closure of the fishery, much of 
the revenue from the spiny dogfish fishery would also be drastically 
reduced.
    The impact of the proposed specifications for the 2001 fishing year 
would be greatest in Massachusetts, North Carolina, Maryland, Maine, 
and New Jersey, which account cumulatively for 90 percent of spiny 
dogfish landings from 1988 through 1997. The communities of 
Wachapreague, VA, Plymouth, MA, and Scituate, MA have benefitted from 
dogfish landings that made up 76 percent, 74 percent, and 21 percent, 
respectively, of the value of all landed fish, based on 1997 NMFS 
landings data. Because these communities have recently derived a 
relatively high percentage of their fishing income from spiny dogfish, 
they would be most affected by the commercial quota and trip limit in 
the proposed specifications. These impacts were also experienced in the 
2000 fishing year. Two of these communities, Plymouth and Scituate, are 
suburban areas of a large city and are substantially engaged in the 
businesses of the metropolitan area. The other community, Wachapreague, 
has significant fishing activities, but also attracts retirees and 
tourism, and is substantially dependent on these two sectors for 
economic activity. The analysis also concludes that small vessels (25 
to 49 ft (7.6 to 14.9 m)) constitute 91 percent of affected vessels 
(those vessels experiencing a reduction in revenues of greater than 5 
percent) under a 4-million lb (1,814-mt) commercial quota. However, if 
no action is taken, communities benefitting from dogfish landings would 
experience greater lost revenues in the long-term due to stock collapse 
as a result of allowing a directed fishery in the short-term. Long-term 
benefits to the stocks and revenues resulting from rebuilt stocks are 
expected to outweigh the short-term negative impacts to the sectors of 
the fishing industry that have utilized the spiny dogfish resource.
    In summary, under alternative 1, a possession limit of 300 lb (136 
kg) in quota period 2 would prevent the quota from being exceeded and 
the fishery would not close, although spiny dogfish revenues per trip 
would be low due to the low trip limit and low value of spiny dogfish. 
The lower trip limit would be more likely to cause the loss of spiny 
dogfish markets as a result of low supply. The spiny dogfish revenue 
losses associated with a trip limit of 300 lb (136 kg) in quota period 
2 is expected to be higher than those associated with a trip limit of 
600 lb (272 kg) in period

[[Page 17395]]

1 because the entire quota is projected to not be landed.
    The Alternative 2 possession limit of 5,000 (2268 kg) lb would 
allow higher per-trip revenues from spiny dogfish and could reduce 
regulatory discards during the time the fishery was open. However, both 
quota periods would close after an estimated 41-day season. Even under 
this option, a large number of vessels would suffer revenue losses 
compared to 1999 revenues because of the overall quota level. Also, the 
high trip limit would encourage directed spiny dogfish fishing, which 
is inconsistent with the objectives of the FMP. Further, long-term 
revenues to participants in the fishery would likely be reduced due to 
future reductions in landings that could be required due to overfishing 
caused by directed fishing on spiny dogfish.
    Under the no action alternative, the spiny dogfish fishery would 
remain unregulated and fishing mortality could be expected to increase 
to an F of 0.43. With no restrictions, the FMP projects that landings 
would increase to about 22.0 million lb (997.9 mt) in fishing year 
2001. This would actually be a 32 percent decline from 1999 levels (the 
last year of an unregulated fishery) due to continued reductions in the 
stock size. Although revenues would increase in comparison to 2000, 
long term revenues from an unregulated fishery would continuously 
decline as stock size is reduced, due to overfishing.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: March 26, 2001.
William T. Hogarth,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 648 is 
proposed to be 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 Sec. 648.14, paragraph (aa)(7) is revised to read as follows:


Sec. 648.14  Prohibitions.

* * * * *
    (aa) * * *
    (7) Possess more than the possession limit of spiny dogfish 
specified under Sec. 648.235. The possession limit is the maximum 
amount that may be landed in any calendar day.
* * * * *

    3. Section 648.235 is revised to read as follows:


Sec. 648.235  Possession and trip limit restrictions.

    (a) Quota Period 1. From May through October 31, 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;
    (2) Land only one trip of spiny dogfish per calendar day.
    (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 300 lb (136 kg) of spiny dogfish per trip;
    (2) Land only one trip of spiny dogfish per calendar day.
[FR Doc. 01-7937 Filed 3-29-01; 8:45 am]
BILLING CODE 3510-22-S