[Federal Register Volume 67, Number 88 (Tuesday, May 7, 2002)]
[Rules and Regulations]
[Pages 30614-30616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11271]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 020313058-2094-02 ; I.D. 030402A
RIN 0648-AP07


Fisheries of the Northeastern United States; Spiny Dogfish 
Fishery; 2002 Specifications

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

ACTION: Final rule; final specifications.

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

SUMMARY: NMFS issues final specifications for the 2002 spiny dogfish 
fishery. This rule implements a commercial quota and possession limits 
for the 2002 fishing year to address overfishing of the spiny dogfish 
resource. This rule also makes a technical correction to the spiny 
dogfish regulations, to indicate that the target fishing mortality rate 
(F) specified for the period May 1, 2003 - April 30, 2004, should be 
F=0.03. This is specified in the Fishery Management Plan for the Spiny 
Dogfish fishery (FMP). The intent of this action is to comply with 
implementing regulations for the Fishery Management Plan for the FMP, 
which require NMFS to publish measures for the upcoming fishing year 
that will prevent overfishing of this fishery.

DATES: The amendment to part 648 is effective May 2, 2002. The 2002 
final specifications are effective from May 2, 2002, through April 30, 
2003.

ADDRESSES: Copies of supporting documents used by the Spiny Dogfish 
Monitoring Committee; the Regulatory Impact Review (RIR), the Final 
Regulatory Flexibility Analysis (FRFA) contained within the RIR, and 
the Environmental Assessment (EA) are available from the Northeast 
Regional Office, National Marine Fisheries Service, One Blackburn 
Drive, Gloucester, MA 01930-2298. The EA/RIR/FRFA is also accessible 
via the Internet at http://www.nero.nmfs.gov.

FOR FURTHER INFORMATION CONTACT: Bonnie L. Van Pelt, Fishery Policy 
Analyst, (978)281-9244, fax (978)281-9135, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: A proposed rule for this action was 
published in the Federal Register on March 22, 2002, (67 FR 13303). The 
comment period closed on April 8, 2002.

Background

    The spiny dogfish fishery is managed under an FMP developed jointly 
by the Mid-Atlantic Fishery Management Council and the New England 
Fishery Management Council (Councils). The implementing regulations for 
the dogfish fishery are found at 50 CFR part 648, subpart L.
    Pursuant to 50 CFR 648.230, the Administrator, Northeast Region, 
NMFS, (Regional Administrator) implements measures for the 2002 fishing 
year to assure that the target fishing mortality rate (F), as specified 
in the FMP, is not exceeded. The target F and management measures 
(i.e., semi-annual commercial quota and possession limits) are 
summarized below. Detailed background information regarding the 
development of the proposed specifications for the 2002 spiny dogfish 
fishery was provided in the preamble to the proposed rule (67 FR 13303, 
March 22, 2002) and is not repeated here. In addition to establishing 
the annual measures, this action makes a technical correction to

[[Page 30615]]

the spiny dogfish regulations to indicate that the target F, F=0.03, 
extends through April 30, 2004. The current regulations mistakenly 
reference a target F, F=0.03, through April 30, 2003.

Annual Commercial Quota and Possession Limits

    The FMP specifies a target F of 0.03 for 2002 to be attained 
through a commercial quota, and possibly other management measures. 
This rule implements a commercial quota of 4 million lb (1.81 million 
kg) for the 2002 fishing year that is allocated on a semi-annual basis 
as follows: Quota Period 1 (May 1 - October 31) is allocated 57.9% of 
the 4-million lb (1.81 million kg) quota, or 2,316,000 lbs (1,050,512 
kg), and Quota Period 2 (November 1 - April 30) is allocated 42.1% of 
the 4-million lb (1.81 million kg) quota, or 1,684,000 lbs (763,849 
kg).
    This final rule also maintains the existing possession limits of 
600 lb (272 kg) and 300 lb (136 kg) for Quota Period 1 and Quota Period 
2, respectively, to allow for the retention of spiny dogfish caught 
incidentally while fishing for other species throughout the entire 
fishing year.

Technical Correction

    This rule will correct the current regulatory text to extend the 
target F of 0.03 through the end of the 2003-2004 fishing year (May 1, 
2003 - April 30, 2004).

Comments and Responses

    There were 2 written comments submitted in response to the proposed 
rule during the comment period. One came from the Massachusetts 
Division of Marine Fisheries (MADMF) and the other was from a group of 
environmental organizations.
    NMFS considered all comments received during the comment period 
that are directly related to the proposed measures in making the 
decision to issue this final rule.
    Comment 1: MADMF was opposed to the level of the proposed 
commercial quota and requested that NMFS implement a higher quota 
consistent with the NEFMC recommendation. MADMF believes the resource 
can support a small-scale directed fishery and still rebuild.
    Response: The Spiny Dogfish Monitoring Committee (Monitoring 
Committee) indicated that the quota of 4.0 million lb that NMFS is 
implementing through this final rule is consistent with the objective 
to achieve F=0.03, as required by the FMP. A higher quota would cause 
the F target to be exceeded and would not comply with the FMP's 
rebuilding program.
    Comment 2: MADMF commented in favor of the higher possession limit 
of 7,000 lb recommended by the NEFMC and opposed the proposed 
possession limits. MADMF stated that processors could not operate 
efficiently (i.e., in cost effective manner) with erratic landing 
levels that would result from the lower possession limits.
    Response: NMFS is maintaining the current possession limits (600 lb 
for Quota Period 1 and 300 lb for Quota Period 2) because these levels 
are intended to allow incidentally caught spiny dogfish to be landed 
during the quota period. Although these possession limits end the 
directed fishery, which depends on large volumes of landings of large 
spiny dogfish, this is an anticipated consequence of the FMP. This 
approach has been chosen because it is necessary to protect the mature 
female spiny dogfish stock component in order to rebuild the spawning 
stock. The 7,000 lb (3,175 kg) possession limit would allow for some 
directed fishing, which is inconsistent with the rebuilding program.
    The impact of erratic bycatch landings on processors was considered 
fully during the development of the FMP. There were two scenarios 
anticipated in the FMP with respect to the impacts on the processing 
sector and resulting markets. First, markets for dogfish could be 
completely lost or, second, other market opportunities could develop. 
It was acknowledged that the first scenario would be the more likely. 
However, it was believed that the processing sector might adapt to the 
landings allowed during the rebuilding period.
    Comment 3: The environmental organizations supported the 4-million 
lb commercial quota, while emphasizing that a 3-million lb quota would 
be more consistent with the rebuilding strategy outlined in the FMP. 
They also supported the proposed possession limits and strongly opposed 
higher possession limits, which would result in a directed fishery and 
derailed rebuilding efforts.
    Response: NMFS is implementing the 4-million lb (1.81 million kg) 
commercial quota and 600 lb (272 kg)/300 lb (136 kg) possession limits 
for Quota Period 1 and 2, respectively consistent with the Monitoring 
Committee recommendation to maintain fishing mortality targets and 
rebuilding objectives of the FMP. The Monitoring Committee did not 
comment on a 3-million lb quota (1.35 million kg) quota, because the 4-
million lb (1.81 million kg) commercial quota allows us to comply with 
the FMP's fishing mortality and rebuilding objectives, while affording 
the industry some economic relief. Any further reduction in landings 
would have to be considered in light of potential increased spiny 
dogfish bycatch and discards.

Changes From the Proposed Rule

    The preamble of the proposed rule referenced trip limits, when in 
fact this rule implements possession limits--defined as the maximum 
amount that can be landed in any one 24-hr period (calendar day).
    There were no changes made to the regulatory text from the proposed 
rule.

Classification

    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    This action establishes annual quotas and maintains the current 
possession limits for the spiny dogfish fishery, which are used to 
control the harvest of spiny dogfish and to restrict landings when 
quotas are attained. This action must be taken immediately at the start 
of the 2002 fishing year on May 1, 2002, to conserve this resource. It 
would be impracticable to delay implementation of the quota provisions 
because a hiatus in harvest restrictions represented by the quota would 
allow for an unrestricted harvest and, if spiny dogfish are congregated 
in areas where other species are being targeted, the Period 1 quota 
will quickly be attained. In the absence of a commercial quota, there 
would be no ability to close the fishery to prevent further increases 
in fishing mortality and potential deleterious effects to rebuilding 
efforts. Therefore, the AA finds good cause under 5 U.S.C. 553(d)(3) to 
waive the 30-day delayed effectiveness period for the implementation of 
the 2002 Federal spiny dogfish quota.
    NMFS and the MAFMC prepared a FRFA for this action. The FRFA 
includes comments on the Initial Regulatory Flexibility Act (IRFA), the 
discussion and the responses contained in the preamble to this final 
rule, and a summary of the analyses done in support of this action. 
Copies of the analysis are available from the Regional Administrator 
(see ADDRESSES). The preamble to the proposed rule included a detailed 
summary of the analyses contained in the IRFA, and that entire 
discussion is not repeated here. A summary of the FRFA follows:
    The reason that action is being taken by the agency and the 
objectives of this final rule are explained in the preambles to the 
proposed rule and this final rule. This action does not contain any new 
collection-of-information, reporting,

[[Page 30616]]

recordkeeping, or other compliance requirements. It does not duplicate, 
overlap, or conflict with any other Federal rules. There are no new 
compliance costs associated with this final rule.

Public Comments

    None of the comments that were received on the measures contained 
in the proposed rule specifically referenced the IRFA analyses of the 
expected impacts of the proposed trip limit levels on small entities. 
Concerns about the impacts of the measures on industry were expressed 
and are discussed in the Comments and Responses section of this final 
rule (see response to Comments 1 and 2). No changes to the final rule 
were made as a result of these comments.

Number of Small Entities

    The entities impacted by this action include 488 vessels that have 
reported (based on vessel trip report (VTR) data) spiny dogfish 
landings to NMFS in 2000 (the most recent year for which there is 
vessel-specific data). In addition, there are vessels that are not 
subject to the Federal reporting requirements because they fish 
exclusively in state waters. It is not possible to identify these 
vessels, but some number of them are likely to be impacted. There is no 
reason to presume the impacts on these vessels would be substantially 
different from the impact on Federally-permitted vessels. Furthermore, 
2,079 vessels were issued Federal spiny dogfish permits in 2001, but a 
large percentage of those have not fished for spiny dogfish. It is 
presumed that these vessels are interested in the fishery but have 
chosen not to participate under the restrictive trip limits. If any of 
these vessels should choose to participate in the upcoming fishing 
year, they might experience revenue increases associated with landings 
of spiny dogfish but those increases cannot be estimated.

Minimizing Significant Economic Impact on Small Entities

    This FRFA summary includes a discussion of minimizing significant 
economic impacts on small entities. The IRFA analyzed three 
alternatives: (1) Alternative 1 is implemented by this action 
(commercial quota of 4-million lb (1,814 mt) and possession limits of 
600 lb (272 kg) and 300 lb (136 kg) for Quota Period 1 and Quota Period 
2, respectively); (2) Both Alternative 2 (commercial quota of 8.8 
million lb (4 million kg) and a possession limit of 7,000 lb (3,175 kg) 
for both quota periods) and Alternative 3 (no quota or possession 
limits) would have lower impact on small entities, but neither meets 
the conservation objectives of the FMP. Alternative 2 could not be 
enacted without amending the FMP to modify the F target specified in 
the rebuilding program. The circumstance contemplated in Alternative 3 
could not be allowed under the FMP, which requires the fishery be 
managed consistent with the FMP.
    The FMP determined that the spiny dogfish stock could not support a 
directed fishery. In the absence of a directed fishery, long-term 
profitability and solvancy issues could not have been anticipated and 
would be difficult to compute. Therefore, the potential changes in 2002 
revenues under the 4-million lb (1.81-million kg) quota were evaluated 
relative to landings and revenues derived during 2001: 4.6 million lb 
(2.08 million kg) of landings, valued at $1,012,000. The analysis is 
based on the last full fishing year of landings data and assumed that 
the revenues of the 488 vessels that landed spiny dogfish in 2000 would 
be reduced proportionately by the proposed action. The reduction in 
overall gross revenues to the fishery as a whole was estimated to be 
about $132,000, or about $270 per vessel, compared to fishing year 
2001. Compared to actual dogfish landings during the 2001 fishing year 
of 4.6 million lb (2,087 mt), the 4.0 million-lb (1,814 mt) quota 
represents a 13 percent reduction. However, the 4.0 million-lb (1,814 
mt) quota would not be a reduction relative to the 2001 fishing year 
quota allocation. It is only due to the landings in excess of the quota 
that this quota specification for spiny dogfish is expected to result 
in a reduction in revenues.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: May 1, 2002.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 648 is amended 
as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

    1. The authority citation for part 648 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    2. In Sec.  648.230, paragraph (a) is revised to read as follows:


Sec.  648.230  Catch quotas and other restrictions.

* * * * *
    (a) Annual review. The Spiny Dogfish Monitoring Committee will 
annually review the following data, subject to availability, to 
determine the total allowable level of landings (TAL) and other 
restrictions necessary to assure a target fishing mortality rate (F) of 
0.2 in 1999 through April 30, 2000, a target F of 0.03 from May 1, 
2000, through April 30, 2004, and a target F of 0.08 thereafter will 
not be exceeded: Commercial and recreational catch data; current 
estimates of F; stock status; recent estimates of recruitment; virtual 
population analysis results; levels of noncompliance by fishermen or 
individual states; impact of size/mesh regulations; sea sampling data; 
impact of gear other than otter trawls and gill nets on the mortality 
of spiny dogfish; and any other relevant information.
* * * * *
[FR Doc. 02-11271 Filed 5-2-02; 3:28 pm]
BILLING CODE 3510-22-S