[Federal Register Volume 69, Number 81 (Tuesday, April 27, 2004)]
[Rules and Regulations]
[Pages 22734-22736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9541]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 040311088-4119-02; I.D. 030104A]
RIN 0648-AQ81


Fisheries of the Northeastern United States; Spiny Dogfish 
Fishery

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

ACTION: Final 2004-2005 specifications for the spiny dogfish fishery.

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SUMMARY: NMFS announces final specifications for the 2004-2005 spiny 
dogfish fishery. These measures are specified to rebuild the spiny 
dogfish resource. The intent of this action is to specify the 
commercial quota for the spiny dogfish fishery to achieve the annual 
target fishing mortality rate (F) specified in the Spiny Dogfish 
Fishery Management Plan (FMP) in order to prevent overfishing of this 
resource.

DATES: Effective May 27, 2004, through April 30, 2005.

ADDRESSES: Copies of supporting documents used by the Joint Spiny 
Dogfish Committee and the Spiny Dogfish Monitoring Committee 
(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

    The regulations implementing the Spiny Dogfish 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 fishing mortality rate (F) specified in the FMP. The 
target F for the 2004-2005 fishing year is not to exceed 0.08.
    Proposed 2004-2005 specifications were published on March 18, 2004 
(69 FR 12826). Public comments were accepted through April 2, 2004. A 
full discussion of the process undertaken to develop the annual 
specifications was provided in the proposed rule and is not repeated 
here. The final specifications are unchanged from those that were 
proposed.

Specifications for the 2004 Fishing Year

    The commercial spiny dogfish quota of 4 million lb (1.81 million 
kg) for the 2004-2005 fishing year will be divided into two semi-annual 
periods as follows: 2,316,000 lb (1,050,512 kg) for quota period 1 (May 
1, 2004 - Oct. 31, 2004); and 1,684,000 lb (763,849 kg) for quota 
period 2 (Nov. 1, 2004 - April 30, 2005). The possession limits will be 
600 lb (272 kg) for quota period 1, and 300 lb (136 kg) for quota 
period 2.

Comments and Responses

    Three sets of comments were received from the public. Most of the 
issues raised in the comments are not germane to the spiny dogfish 
fishery, and instead focus on broader concerns about fishery management 
in the United States. The two specific comments that address the spiny 
dogfish fishery are discussed below.
    Comment 1: One commenter wondered if implementing a directed

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fishery on smaller male spiny dogfish might contribute to the 
sustainability of the stock, while at the same time ``reward[ing] 
simple gear fisherman like handgear and longline fishermen,'' who might 
be able to target such smaller males.
    Response: Although the possibility of having a directed fishery on 
smaller male spiny dogfish was discussed during the development of the 
FMP, it is not currently a viable option because there is no market for 
small males, and there is no gear to select small males over small 
females.
    Comment 2: One commenter argued that the quota should be cut to 1 
million lb (453,592 kg) and that the possession limits for both periods 
should be 100 lb (45 kg).
    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's recommendation to maintain fishing mortality targets and 
rebuilding objectives of the FMP. The Monitoring Committee did not 
comment on a lower quota or possession limits because the 4-million lb 
(1.81-million kg) commercial quota and the 600-lb (272-kg)/300-lb (136-
kg) possession limits are consistent with the FMP's fishing mortality 
target. Any further reduction in landings or possession limits would 
have to be considered in light of potential increased spiny dogfish 
discards.

Classification

    This rule has been determined to be not significant for purposes of 
Executive Order 12866.
    Included in this final rule is the Final Regulatory Flexibility 
Analysis (FRFA) prepared pursuant to 5 U.S.C. 604(a). The FRFA 
incorporates the discussion that follows, the comments and responses to 
the proposed rule, and the IRFA and other analyses completed in support 
of this action. A copy of the IRFA is available from the Regional 
Administrator (see ADDRESSES).

Final Regulatory Flexibility Analysis

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 the proposed rule and is not repeated here.

Summary of Significant Issues Raised in Public Comments

    Three comments were submitted on the proposed rule, but none were 
specific to the IRFA or the economic impacts of this action.

Description and Estimate of Number of Small Entities to Which the Rule 
Will Apply

    All of the affected businesses (fishing vessels) are considered 
small entities under the standards described in NMFS guidelines because 
they have gross receipts that do not exceed $3.5 million annually. 
There were 255 vessels that reported spiny dogfish landings to NMFS in 
2002 (the most recent year for which there is vessel-specific data).

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    This action does not contain any new collection-of-information, 
reporting, recordkeeping, or other compliance requirements.

Minimizing Significant Economic Impacts on Small Entities

    The annual setting of the specifications is a relatively limited 
process that focuses on setting a quota and possession limits. The 
limited nature of this process, in turn, necessarily limits the 
alternatives available for minimizing significant economic impacts on 
small entities. Alternatives that were considered to lessen the impacts 
on small entities are summarized below, and compared to the measures 
being implemented through these final specifications (Alternative 1).
    Alternative 2 evaluates an annual bycatch quota of 4 million lb 
(1.81 million kg), divided into two semi-annual quota periods for the 
2004-2005 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 an annual 4.4-million 
lb (2-million kg) quota for the 2004-2005 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).
    Under Alternative 2, the potential changes in 2004-2005 revenues 
under the 4-million lb (1.81-million kg) quota were evaluated relative 
to landings and revenues derived during 2002-2003: 4.76 million lb (2.2 
million kg) of landings, valued at $970,000. The analysis was based on 
the last full fishing year of landings data and assumed that the 
revenues of the 255 vessels that landed spiny dogfish in 2002-2003 
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 
2002-2003.
    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 because of limited data. 
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 (680 kg) 
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 directed fishing for dogfish or provide significant increases 
in associated economic benefits. In addition, the ASMFC has enacted the 
more restrictive possession limits of 600 lb (272 kg) in quota period l 
and 300 lb (136 kg) in quota period 2. Therefore a higher possession 
limit in the EEZ would have no effect because vessels could not land 
spiny dogfish over the ASMFC's more restrictive possession limits.
    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 2002-2003. 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 2002-2003.
    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 2002-2003 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 would be 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

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eventually eliminate the spiny dogfish fishery altogether.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule, or group of related rules, for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, a small entity compliance guide will be sent 
to all holders of permits issued for the spiny dogfish fishery. In 
addition, copies of this final rule and guide (i.e., permit holder 
letter) are available from the Regional Administrator (see ADDRESSES) 
and may be found at the following web site: http://www.nmfs.gov/ro/doc/nero.html.

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

    Dated: April 21, 2004.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 04-9541 Filed 4-26-04; 8:45 am]
BILLING CODE 3510-22-S