[Federal Register Volume 68, Number 136 (Wednesday, July 16, 2003)]
[Rules and Regulations]
[Pages 41945-41946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17933]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 030227050-3082-02; I.D. 071003E]


Fisheries of the Northeastern United States; Spiny Dogfish 
Fishery; Commercial Annual Quota Harvested

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

ACTION: Closure; commercial fishery.

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SUMMARY: NMFS announces that the annual spiny dogfish commercial quota 
available to the coastal states from Maine through Florida for the 
fishing year, May 1, 2003 - April 30, 2004, has been harvested. 
Federally permitted commercial vessels may no longer land spiny dogfish 
for the duration of the fishing year (through April 30, 2004), whether 
fishing occurs in the Exclusive Economic Zone (EEZ) or within state 
waters. Regulations governing the spiny dogfish fishery require 
publication of this notification to advise the coastal states from 
Maine through Florida that the quota has been harvested and to advise 
vessel permit holders and dealer permit holders that no Federal 
commercial quota is available for landing spiny dogfish in these 
states.

DATES: Quota period 1 is closed effective at 0001 hrs, local time, July 
18, 2003, through 2400 October 31, 2003. Quota period 2 is closed 
effective at 0001 hrs, local time, November 1, 2003, and remains closed 
through 2400 hrs local time, April 30, 2004.

FOR FURTHER INFORMATION CONTACT: Eric Jay Dolin, Fishery Policy 
Analyst, at (978) 281-9259, or [email protected].

SUPPLEMENTARY INFORMATION: Regulations governing the spiny dogfish 
fishery are found at 50 CFR part 648. The regulations require annual 
specification of a commercial quota, which is allocated into two quota 
periods based upon percentages specified in the fishery management 
plan. The commercial quota is distributed to the coastal states from 
Maine through Florida as described in Sec.  648.230.
    The initial total commercial quota for spiny dogfish for the 2003 
fishing year is 4 million lb (1.81 million kg) (68 FR 19160, April 18, 
2003). The commercial quota is allocated into two periods (May 1 
through October 31, and November 1 through April 30). Vessel possession 
limits are intended to preclude directed fishing, and they are set at 
600 lb (272 kg) and 300 lb (136 kg) for quota periods 1 and 2, 
respectively. Quota period 1 is allocated 57.9 percent of the quota 
(2.3 million lb (1.1 million kg)), and quota period 2 is allocated 42.1 
percent (1.7 million lb (765,455 kg)) of the commercial quota. The 
total quota cannot be exceeded, so landings in excess of the amount 
allocated to quota period 1 have the effect of reducing the quota 
available to the fishery during quota period 2.
    The Administrator, Northeast Region, NMFS (Regional Administrator) 
monitors the commercial spiny dogfish quota for each quota period and, 
based upon dealer reports, state data and other available information, 
determines when the total commercial quota will be harvested. NMFS is 
required to publish a notification in the Federal Register advising and 
notifying commercial vessels and dealer permit holders that, effective 
upon a specific date, the Federal spiny dogfish commercial quota will 
be harvested and no Federal commercial quota is available for landing 
spiny dogfish for the remainder of a given quota period.
    The Regional Administrator has reviewed the performance of the 2002 
fishery and the projected impact of the spiny dogfish quota for the 
2003 fishing year that was recently adopted by the Atlantic States 
Marine Fisheries Commission (ASMFC). Before the 2003 fishing year, the 
ASMFC Spiny Dogfish and Coastal Shark Management Board instituted an 
emergency action that closed state waters to the commercial harvest, 
landing, and possession of spiny dogfish when a Federal closure was 
enacted. Thus, the Federal quota governed the spiny dogfish fishery in 
both the EEZ and state waters.
    For the 2003 fishing year, however, the ASMFC's spiny dogfish quota 
is set at 8.8 million lb (4 million kg), which is significantly higher 
than the Federal quota. The ASFMC plan has the same quota periods as 
the Federal plan, and the quota is divided between those periods in the 
same way, with 57.9 percent (5.1 million lb; 2.3 million kg) allocated 
to period 1 and 42.1 percent (3.7 million lb; 1.7 million kg) allocated 
to period 2. The ASMFC further divided the quota among the states, with 
57.9 percent allocated to Maine, New Hampshire and Massachusetts, 
combined, and 42.1 percent allocated to Rhode Island and states south. 
In addition, the ASMFC's plan allows up to a 7,000-lb (3,182-kg) 
possession limit. Thus, after the Federal quota is reached and the EEZ 
is closed, the dogfish fishery can continue to be prosecuted in state 
waters by vessels other than those issued Federal spiny dogfish permits 
until the higher ASFMC quota is reached. Some of the ASFMC member 
states have also voluntarily decided to apply the Federal daily 
possession limit of 600-lb (272 kg) of spiny dogfish throughout much of 
the summer, most likely up until the middle of August. Other ASMFC 
member states have opted to institute possession limits up to 7,000 lb 
(3,182 kg) immediately.
    During the 2002 fishing year, the Federal dogfish quota for period 
1, which began on May 1, 2002, was taken by July 1 of the same year. 
Based on the 2002 fishery performance and the fact that some of the 
states have voluntarily decided to postpone the imposition of the 
ASMFC's higher possession limit, while others have already instituted 
the higher possession limit, the Regional Administrator has determined 
that the period 1 Federal quota for the 2003 fishing year will be 
harvested by July 18, 2003. Furthermore, the Regional Administrator has 
determined that, once the 7,000-lb (3,182-kg) possession limit goes 
into effect, the remainder of the annual Federal quota will be taken in 
short order, certainly well before the beginning of the second quota 
period on November 1, 2003. Therefore, this action closes the second 
quota period of the Federal spiny dogfish fishery at 0001 hrs on 
November 1, 2003.

[[Page 41946]]

    Section 648.4(b) provides that Federal spiny dogfish permit holders 
agree, as a condition of the permit, not to land spiny dogfish in any 
state after NMFS has published notification in the Federal Register 
that the commercial quota has been harvested and that no commercial 
quota for the spiny dogfish fishery is available. Therefore, effective 
0001 hrs local time, July 18, 2003, landings of spiny dogfish in 
coastal states from Maine through Florida by vessels holding commercial 
Federal fisheries permits are prohibited through April 30, 2004, 2400 
hrs local time. The fishing year 2004 quota for quota period 1 will be 
available for commercial spiny dogfish harvest on May 1, 2004. 
Effective July 18, 2003, federally permitted dealers are also advised 
that they may not purchase spiny dogfish from vessels issued Federal 
spiny dogfish permits that land in coastal states from Maine through 
Florida.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under E.O. 12866.

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

    Dated: July 11, 2003.
John H. Dunnigan,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 03-17933 Filed 7-11-03; 2:21 pm]
BILLING CODE 3510-22-S