[Federal Register Volume 69, Number 53 (Thursday, March 18, 2004)]
[Proposed Rules]
[Pages 12826-12828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6129]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.040311088-4088-01; I.D. 030104A]
RIN 0648-AQ81


Fisheries of the Northeastern United States; Proposed 2004 
Specifications for the Spiny Dogfish Fishery

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 2004 fishing year, which is May 1, 2004, through April 30, 2005. 
The implementing regulations for the Spiny Dogfish Fishery Management 
Plan (FMP) require NMFS to publish specifications for the upcoming 
fishing year 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.

DATES: Public comments must be received (see ADDRESSES) no later than 5 
p.m. eastern standard time on April 2, 2004.

ADDRESSES: Written comments on the proposed specifications should 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--2004 Spiny 
Dogfish Specifications.'' Comments may also be sent via facsimile (fax) 
to (978) 281-9135. Comments on the specifications may be submitted by 
e-mail. The mailbox address for providing e-mail comments is 
[email protected]. Include in the subject line of the e-mail comment the 
following document identifier:

[[Page 12827]]

 ``Comments-2004 Dogfish specifications.''
    Copies of supporting documents used by the Joint Spiny Dogfish 
Committee and the Spiny Dogfish Monitoring Committee; the Environmental 
Assessment, Regulatory Impact Review, Initial Regulatory Flexibility 
Analysis (EA/RIR/IRFA); and the Essential Fish Habitat Assessment 
(EFHA) 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 and EFHA are 
accessible via the Internet at http://www.nero.nmfs.gov./ro/doc/
nero.html.

FOR FURTHER INFORMATION CONTACT: Eric Jay Dolin, Fishery Policy 
Analyst, (978)281-9259, 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 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 Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act). Consequently, the Magnuson-Stevens Act 
required the preparation of measures to end overfishing and to rebuild 
the spiny dogfish stock. A joint FMP was developed by the Mid-Atlantic 
and New England Fishery Management Councils (Councils) during 1998 and 
1999. The Mid-Atlantic 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 annually the commercial quota and 
other management measures (e.g., minimum or maximum fish sizes, 
seasons, mesh size restrictions, possession limits, and other gear 
restrictions) for the spiny dogfish fishery to achieve the annual 
target F specified in the FMP. The target F for the 2004 fishing year 
is not to exceed 0.08.
    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, ex-officio 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 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. 
NMFS reviews those recommendations to assure they are consistent with 
the target F level, and publishes proposed measures for public comment.

Spiny Dogfish Monitoring Committee Recommendations

    The Spiny Dogfish Monitoring Committee (Monitoring Committee) met 
in Baltimore on September 10, 2003, to review the stock assessment 
results and develop quota and possession limit recommendations for the 
2004 fishing year. The Monitoring Committee reviewed the recent stock 
assessment for spiny dogfish (37th Northeast Regional Stock Assessment 
Review Committee (SARC) -- September 2003), which concluded that the 
spiny dogfish stock is overfished and overfishing is not occurring. 
Estimated fishing mortality in 2002 was F = 0.09 and is near the 
threshold (F = 0.11) at which overfishing is deemed to occur. The 
female spawning portion of the biomass has declined by about 75 percent 
since 1988 and is at 29 percent of the biomass target. Estimates of the 
exploitable and total biomass in 2002 are about 140,000 mt and 371,000 
mt, respectively, about half of the peak level observed in 1985. Recent 
reductions in female spawning stock biomass cannot be replaced quickly 
due to the reproductive biology of spiny dogfish, and the current low 
level of female spawning stock biomass is expected to result in low 
recruitment for the next several years. Recruitment estimates from 1997 
to 2003 represent the seven lowest values in the entire series. Given 
low current female spawning biomass, poor recruitment and reduced pup 
survivorship, the SARC recommended that total removals (landings, 
discards, Canadian catch) should be lower than those derived from the 
estimated rebuilding F (0.03), and also urged that the targeting 
females should be avoided.
    The Monitoring Committee discussed potential management measures 
and adopted the MAFMC staff recommendation to maintain the status quo 
in 2004. This would mean an annual incidental catch of 4 million lb 
(1.81 million kg) which would be divided into two semi-annual quota 
periods (quota period 1 = 2.316 million lb (1.05 million kg) and quota 
period 2 = 1.684 million lb (763,849 kg)), and possession limits of 600 
lb (272 kg) for quota period 1 and 300 lb (136 kg) for quota period 2 
(vessels are prohibited from landing more than the specified amount in 
any one calendar day).

Joint Spiny Dogfish Committee Recommendations

    On October 7, 2003, the Joint Spiny Dogfish Committee (Joint 
Committee) voted to set the 2004 quota at 8 million lb (3.62 million 
kg). It also voted to have no possession limit in the Exclusive 
Economic Zone (EEZ), deferring to the states to establish possession 
limits.

Alternatives Proposed by the Councils

    Following the Joint Committee meeting, on October 7, 2003, the 
MAFMC reviewed the Monitoring Committee and Joint Committee 
recommendations, and adopted recommended specifications for the 2004 
fishing year. Those specifications would set an annual quota of 4 
million lb (1.81 million kg), to be divided into two semi-annual quota 
periods for the 2004 fishing year. The quota for period 1 would be 
2.316 million lb (1.05 million kg) and for period 2 would be 1.684 
million lb (763,849 kg). The MAFMC recommended that the possession 
limits for both quota periods not exceed 1,500 lb (680 kg). On October 
21, 2003, the NEFMC reviewed the Monitoring Committee and Joint 
Committee recommendations, and voted to adopt a 4.4 million-lb (2 
million-kg) quota for the 2004 fishing year,with a 1,500-lb (680-kg) 
possession limit for incidental catch.

Alternative Adopted by the Atlantic States Marine Fisheries Commission

    On December 17, 2003, the Atlantic States Marine Fisheries 
Commission's (ASMFC) Spiny Dogfish and Coastal Shark Management Board 
approved specifications for the 2004-2005 fishing year, setting a 4-
million-lb (1.81-million kg) annual quota, with possession limits of 
600 lb (272 kg) in quota period 1 and 300 lb (136 kg) in quota period 
2. The ASMFC's specifications apply to state waters only.

Proposed 2004 Measures

    NMFS reviewed both Councils' recommendations and concluded that 
maintaining the status quo, which is the same as the Monitoring 
Committee's recommendation, would better assure that the target F is 
not exceeded. NMFS proposes a commercial spiny dogfish quota of 4 
million lb (1.81 million kg) for the 2004 fishing year to be divided 
into two semi-annual periods as follows:

[[Page 12828]]

 2,316,000 lb (1.05 million kg) for quota period 1 (May 1, 2004 - Oct. 
31, 2004); and 1,684,000 lb (765,454 kg) for quota period 2 (Nov. 1, 
2004 - April 30, 2005). In addition, NMFS proposes to maintain 
possession limits of 600 lb (272 kg) for quota period 1, and 300 lb 
(136 kg) for quota period 2, to discourage a directed fishery. The 
directed fishery has traditionally targeted large mature female spiny 
dogfish, the stock component that is most in need of protection and 
rebuilding. Maintaining the limits of 600 lb (272 kg) and 300 lb (136 
kg) for quota periods 1 and 2, respectively, 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.
    Maintaining the status quo would also be consistent with the 
measures being implemented under the ASMFC's Interstate Fishery 
Management Plan in state waters. This would have the benefit of 
establishing consistent management measures in Federal and state 
jurisdictions for the first time since the FMP was enacted.

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 that describes the impact this proposed rule, 
if adopted, would have on small entities. 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. A summary of the analysis follows.
    The small entities considered in the analysis include 255 vessels 
that have reported spiny dogfish landings to NMFS in 2002 (the most 
recent year for which there are vessel-specific data). In addition, 
there are vessels that are not subject to the Federal reporting 
requirements because they fish exclusively in state waters. 
Furthermore, there are a large number of vessels that have been issued 
Federal spiny dogfish permits, but have not fished for spiny dogfish (a 
total of 2,915 vessels were issued the permit in 2002). It is presumed 
that these vessels are interested in the fishery but have chosen not to 
participate under the restrictive possession 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.
    The IRFA considered four alternatives. The action recommended in 
this proposed rule includes a commercial quota of 4 million lb (1.81 
million kg), and possession limits of 600 lb (272 kg) during quota 
period 1 and 300 lb (136 kg) during quota period 2. Alternative 2 
evaluates the MAFMC proposal of an annual bycatch quota of 4 million lb 
(1.81 million kg), to be divided into two semi-annual quota periods for 
the 2004 fishing year. The quota for period 1 would be 2.316 million lb 
(1.05 million kg) and for period 2 would be 1.684 million lb (763,849 
kg). The possession limits for both quota periods would not exceed 
1,500 lb (680 kg). Alternative 3 evaluates the NEFMC proposal of an 
annual 4.4 million-lb (2 million-kg) quota for the 2004 fishing year, 
with a 1,500-lb (680-kg) possession limit for both periods. Alternative 
4 evaluates the impact of having no management measures (no action).
    The potential changes in 2004 revenues under the 4-million lb 
(1.81-million kg) quota were evaluated relative to landings and 
revenues derived during 2002: 4.76 million lb (2.2 million kg) of 
landings, valued at $970,000. The analysis is based on the last full 
fishing year of landings data and assumed that the revenues of the 255 
vessels that landed spiny dogfish in 2002 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 $155,200, 
or about $609 per vessel, compared to fishing year 2002.
    The proposed possession limits of 600 lb (272 kg) in quota period 
1, and 300 lb (136 kg) in quota period 2 represent a continuation of 
the possession limits established for fishing year 2002 and would have 
no new impact.
    Under Alternative 2, the gross revenue impacts would be similar to 
impacts anticipated for Alternative 1 since the recommended quotas are 
identical. The possession limit, however, would increase to 1,500 lb 
(680 kg). The magnitude of increases in gross revenue associated with 
the larger possession limit is not known. Recent possession limit 
analyses conducted by the Northeast Fisheries Science Center suggested 
that trip-level profitability associated with landing spiny dogfish was 
marginal when 1,500 or fewer pounds of spiny dogfish were retained. As 
such, an increase from status quo possession limits upward to 1,500 lb 
(680 kg) may not be expected to increase direct fishing for dogfish or 
provide significant increases in associated economic benefits.
    Under Alternative 3, the quota would be 4.4 million lb (2.2 
million-kg). This represents a 7.5 percent decrease in landings 
relative to the landings in 2002. The reduction in overall gross 
revenues to the fishery as a whole under this alternative was estimated 
to be about $72,750, or about $285 per vessel, compared to fishing year 
2002.
    Under Alternative 4, which would implement no management measures, 
landings are projected to be 25 million lb (11.36 million kg) in 2003-
2004. This would constitute a 525 percent increase in fishing 
opportunity compared to the status quo (4.0 million pounds (1.81 
million kg)) and a 425 percent increase in fishing opportunity compared 
to actual FY2002 landings (4.76 million lb (2.2 million kg)). Although 
the short-term social and economic benefits of an unregulated fishery 
would be much greater than those associated with Alternatives 1 through 
3, fishing mortality is expected to rise above the threshold level that 
allows the stock to replace itself (FREP = 0.11) such that 
stock rebuilding could not occur. In the long term, unregulated harvest 
would lead to depletion of the spiny dogfish population which would 
eventually eliminate the spiny dogfish fishery altogether.

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

    Dated: March 12, 2004.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 04-6129 Filed 3-17-04; 8:45 am]
BILLING CODE 3510-22-P