[Federal Register Volume 71, Number 12 (Thursday, January 19, 2006)]
[Rules and Regulations]
[Pages 3016-3018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-505]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 051104291-5350-02; I.D. 100405F]
RIN 0648 AT29


Fisheries of the Northeastern United States; Spiny Dogfish; 
Framework Adjustment 1; Establishing a Multiple-year Specifications 
Process

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

ACTION: Final rule.

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SUMMARY: NMFS announces the implementation of Framework Adjustment 1 
(Framework 1) to the Spiny Dogfish Fishery Management Plan (FMP), which 
will allow the specification of commercial quotas and other management 
measures for up to 5 years. This framework adjustment is intended to 
improve management of the Northeast Atlantic stock of Spiny Dogfish.

DATES: Effective February 21, 2006.

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.noaa.gov/nero/regs/com.html.

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 (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 
fishing mortality rate (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. This action modifies 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 specified in the FMP will not be 
exceeded in each of the following 1 to 5 years. Implementation of 
Framework 1 provides 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

[[Page 3017]]

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 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 
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 action, environmental impact evaluation in the specification 
setting year would have to consider thoroughly 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.

Comments and Responses

    One comment was received and it was outside the scope of this 
rulemaking.

Classification

    The Regional Administrator had determined that the framework 
adjustment implemented by this final rule is necessary for the 
conservation and management of the spiny dogfish fishery and is 
consistent with the Magnuson-Stevens Act and other applicable law.
    The final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS has prepared a FRFA 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 initial regulatory flexibility analysis 
(IRFA) and other analyses completed in support of this action, which 
were summarized in the proposed rule (70 FR 72100, December 1, 2005). A 
copy of the IRFA is available from the Mid-Atlantic Fishery Management 
Council (see ADDRESSES).
    There were 3,513 Federal dogfish permit holders in 2004. This 
action does not establish any management measures, rather it deals only 
with the period of time for which annual management measures will be 
established and, therefore, has no direct effect on entities 
participating in the fishery; accordingly, no steps could be taken to 
minimize impacts. No comments germane to the scope of this rulemaking 
were received on the IRFA or the economic impacts of the rule during 
the public comment period. 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.

List of Subjects in 50 CFR Part 648

    Fishing, Fisheries, Reporting and recordkeeping requirements.

    Dated: January 12, 2006.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.

0
For the reasons stated in the preamble, 50 CFR part 648 is amended as 
follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

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

0
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 5 
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 specified in the Spiny Dogfish Fishery 
Management Plan will not be exceeded in each year for which TAL and any 
other measures are recommended: 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 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. After considering public comments, NMFS shall publish a final 
rule in the Federal Register to implement such a quota and other 
measures.
    (e) [Reserved]

[[Page 3018]]

    (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. 06-505 Filed 1-13-06; 3:41 pm]
BILLING CODE 3510-22-S