[Federal Register Volume 70, Number 230 (Thursday, December 1, 2005)]
[Proposed Rules]
[Pages 72100-72102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23536]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 051104291-5291-01; I.D. 100405F]

50 CFR Part 648

RIN 0648-AT29


Fisheries of the Northeastern United States; Spiny Dogfish; 
Framework Adjustment 1

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

[[Page 72101]]


ACTION: Proposed rule; establishing a multiple-year specifications 
process.

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SUMMARY: NMFS proposes measures contained in Framework Adjustment 1 
(Framework 1) to the Spiny Dogfish Fishery Management Plan (FMP) that 
would allow the specification of commercial quotas and other management 
measures for up to 5 years. The intent is to provide flexibility and 
efficiency to the management of the species.

DATES: Comments must be received on or before December 16, 2005.

ADDRESSES: Copies of Framework 1, the Regulatory Impact Review (RIR), 
Initial Regulatory Flexibility Analysis (IRFA), and other supporting 
documents are available from Daniel Furlong, Executive Director, Mid-
Atlantic Fishery Management Council, Room 2115, Federal Building, 300 
South Street, Dover, DE 19901-6790. The RIR/IRFA is also accessible via 
the Internet at http://www.nero.nmfs.gov.
    Written comments on the proposed rule may be sent by any of the 
following methods:
     Mail to the following address: Patricia A. Kurkul, 
Regional Administrator, NMFS, Northeast Regional Office, One Blackburn 
Drive, Gloucester, MA 01930. Mark the outside of the envelope 
``Comments on Framework 1 - Dogfish'';
     Fax to Patricia A. Kurkul at the following number: (978) 
281-9135;
     E-mail to the following address: [email protected]. 
Include in the subject line of the e-mail comment the following 
document identifier: ``Comments on Framework 1;
     Electronically through the Federal e-Rulemaking portal: 
http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Eric Jay Dolin, Fishery Policy 
Analyst, (978) 281-9259, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION:

Background

    This framework adjustment to the FMP is intended to improve 
management of the Northeast Atlantic stock of spiny dogfish (Squalus 
acanthias), pursuant to the Magnuson-Stevens Fishery Conservation and 
Management Act of 1976, as amended (Magnuson-Stevens Act). Under the 
existing FMP, spiny dogfish are jointly managed by both the Mid-
Atlantic and the New England Fishery Management Councils (Councils). 
The Councils recommend annual commercial quotas and other management 
measures (e.g., minimum or maximum fish sizes, seasons, mesh size 
restrictions, trip limits, or other gear restrictions), as needed, in 
order to ensure that the target F of 0.08 will not be exceeded. 
Implementing regulations for these fisheries are found at 50 CFR part 
648, subpart L. Under the current FMP, the commercial quota and trip 
limits are specified annually and apply only to the following fishing 
year.
    The Councils developed Framework 1, pursuant to Sec.  648.237, in 
order to streamline the administrative and regulatory processes 
involved in specifying the fishing measures for spiny dogfish, while, 
at the same time, maintaining consistency with the Magnuson-Stevens 
Act. The proposed action would modify the FMP so that, within a given 
year, the Councils could specify commercial quotas and other management 
measures necessary to ensure that the target F of 0.08 will not be 
exceeded in each of the following 1 to 5 years. Implementation of 
Framework 1 will provide the option, not the requirement, for Councils 
to specify multi-year management measures. All of the environmental and 
regulatory review procedures currently required under the Magnuson-
Stevens Act and the National Environmental Policy Act will be conducted 
and documented during the year in which specifications are set. These 
analyses will consider impacts throughout the time span for which 
specifications are to be set (1 to 5 years). Multi-year quotas and 
other management measures would not have to be constant from year to 
year, but would instead be based upon expectations of future stock 
conditions as indicated by the best scientific information available at 
the time the multi-year specifications are set. Updated information on 
the resource and the fishery would be reviewed at least every 5 years 
by the Mid-Atlantic Fishery Management Council's (MAFMC) Spiny Dogfish 
Monitoring Committee, the Joint Spiny Dogfish Committee and the 
Councils. Adjustments to the management measures, once implemented, 
would not be expected to occur during the period of multi-year 
specifications. Nevertheless, if new information indicated that 
modification to the multi-year management measures is necessary to 
ensure that the target F of 0.08 is not exceeded, the Councils would 
initiate the process for setting specifications in order to make such 
modifications. Given the elimination of the annual review/management 
measure adjustment process under this proposed action, environmental 
impact evaluation in the specification setting year would have to 
thoroughly consider the uncertainty associated with projected estimates 
of stock size in the 1 to 5 year time horizon. Accordingly, Council 
recommendations for multi-year management measures would have to be 
adequately conservative to accommodate this uncertainty under the 
proposed action.
    During the development of Framework 1, the Councils considered and 
analyzed the following three alternatives for a multi-year 
specifications process: A no-action alternative, which would continue 
the requirement to establish spiny dogfish specifications on an annual 
basis; the proposed alternative; and an alternative that would require 
the Councils to conduct an annual review of the previously established 
multi-year specifications. The Councils selected the proposed action 
because it provided the most straightforward and efficient 
administrative process for establishing multi-year specifications, and 
because it is expected to provide greater predictability to the 
commercial fishing sector.

Classification

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    An IRFA was prepared that describes the economic impact this 
proposed rule, if adopted, would have on small entities. 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 of this 
proposed rule. The preamble also includes complete descriptions of the 
proposed, no action, and the other alternative discussed here. Under 
the current management system, the Councils annually submit a 
specifications document to NMFS for review. Under the other two 
alternatives, the Councils would submit a specifications document only 
in the first year of the multi-year specifications period, if 
applicable. This would reduce substantially the administrative burden 
on both the Councils and NMFS. Additionally, longer term specifications 
should provide greater predictability to the commercial fishing sector. 
Under the proposed alternative, an annual review of updated information 
on the fisheries by the MAFMC's Spiny Dogfish Monitoring Committee, the 
Joint Spiny Dogfish Committee, and the Councils would not be required 
during the period of multi-year specifications because the analysis of 
multi-year measures would have evaluated the impacts of the measures 
for years 2 through 5, as appropriate, in the specifications process. 
The Councils

[[Page 72102]]

concluded that the provision for an annual review would not be 
necessary and would reduce administrative efficiency. However, the 
Councils contemplate that a review would be initiated when new 
information indicated that modifications could be required to ensure 
that the target F of 0.08 is not exceeded.
    There are no relevant Federal rules that duplicate, overlap, or 
conflict with this rule. This rule does not contain any new, nor does 
it revise any existing reporting, recordkeeping, and other compliance 
requirements. Framework 1 deals only with the administrative 
periodicity of specifications process, and therefore would have minimal 
direct effect on entities participating in these fisheries.

List of Subjects in 50 CFR Part 648

    Fishing, Fisheries, Reporting and recordkeeping requirements.

    Dated: November 25, 2005.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
    For the reasons stated 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. Section 648.230 is revised to read as follows:


Sec.  648.230  Catch quotas and other restrictions.

    (a) Process for setting specifications. The Spiny Dogfish 
Monitoring Committee will review the following data at least every five 
years, subject to availability, to determine the total allowable level 
of landings (TAL) and other restrictions necessary to assure that a 
target fishing mortality rate (F) of 0.08 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.
    (b) Recommended measures. Based on this review, the Spiny Dogfish 
Monitoring Committee shall recommend to the Joint Spiny Dogfish 
Committee a commercial quota and any other measures including those in 
paragraphs (b)(1)-(b)(5) of this section that are necessary to assure 
that the F specified in paragraph (a) of this section will not be 
exceeded in any fishing year (May 1 - April 30), for a period of 1-5 
fishing years. The quota may be set within the range of zero to the 
maximum allowed. The measures that may be recommended include, but are 
not limited to:
    (1) Minimum or maximum fish sizes;
    (2) Seasons;
    (3) Mesh size restrictions;
    (4) Trip limits; or
    (5) Other gear restrictions.
    (c) Joint Spiny Dogfish Committee recommendation. The Councils' 
Joint Spiny Dogfish Committee shall review the recommendations of the 
Spiny Dogfish Monitoring Committee. Based on these recommendations and 
any public comments, the Joint Spiny Dogfish Committee shall recommend 
to the Councils a commercial quota and, possibly, other measures, 
including those specified in paragraph (b) of this section, necessary 
to assure that the F specified in paragraph (a) of this section will 
not be exceeded in any fishing year (May 1 - April 30), for a period of 
1-5 fishing years. The commercial quota may be set within the range of 
zero to the maximum allowed.
    (d) Council recommendations. The Councils shall review these 
recommendations and, based on the recommendations and any public 
comments, recommend to the Regional Administrator a commercial quota 
and other measures necessary to assure that the F specified in 
paragraph (a) of this section will not be exceeded in any fishing year 
(May 1 - April 30), for a period of 1-5 fishing years. The Councils' 
recommendations must include supporting documentation, as appropriate, 
concerning the environmental, economic, and other impacts of the 
recommendations. The Regional Administrator shall initiate a review of 
these recommendations and may modify the recommended quota and other 
management measures to assure that the target F specified in paragraph 
(a) of this section will not be exceeded in any fishing year (May 1 - 
April 30), for a period of 1-5 fishing years. The Regional 
Administrator may modify the Councils' recommendations using any of the 
measures that were not rejected by both Councils. After such review, 
NMFS shall publish a proposed rule in the Federal Register specifying a 
coastwide commercial quota and other meas ures necessary to assure that 
the F specified in paragraph (a) of this section will not be exceeded 
in any fishing year (May 1 - April 30), for a period of 1-5 fishing 
years. After considering public comments, NMFS shall publish a final 
rule in the Federal Register to implement such a quota and other 
measures.
    (e) Annual quota. [Reserved]
    (f) Distribution of annual quota. (1) The annual quota specified 
according to the process outlined in paragraph (a) of this section 
shall be allocated between two semi-annual quota periods as follows: 
May 1 through October 31 (57.9 percent) and November 1 through April 30 
(42.1 percent).
    (2) All spiny dogfish landed for a commercial purpose in the states 
from Maine through Florida shall be applied against the applicable 
semi-annual commercial quota, regardless of where the spiny dogfish 
were harvested.
[FR Doc. 05-23536 Filed 11-30-05; 8:45 am]
BILLING CODE 3510-22-S