[Federal Register Volume 73, Number 164 (Friday, August 22, 2008)]
[Rules and Regulations]
[Pages 49617-49618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19426]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 060418103-6181-02]
RIN 0648-XJ82


Fisheries of the Northeastern United States; Spiny Dogfish 
Fishery; Commercial Period 1 Quota Harvested

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

ACTION: Closure of spiny dogfish fishery.

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SUMMARY: NMFS announces that the spiny dogfish commercial quota 
available to the coastal states from Maine through Florida for the 
semi-annual quota period, May 1, 2008 - October 31, 2008, has been 
harvested. Therefore, effective 0001 hours, August 20, 2008, federally 
permitted spiny dofish vessels may not fish for, possess, transfer, or 
land spiny dogfish until November 1, 2008, when the Period 2 quota 
becomes available. 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. This action is necessary to prevent the fishery from exceeding 
its Period 1 quota and to allow for effective management of this stock.

DATES: Quota Period 1 for the spiny dogfish fishery is closed effective 
at 0001 hr local time, August 20, 2008, through 2400 hr local time 
October 31, 2008. Effective August 20, 2008, federally permitted 
dealers are also advised that they may not purchase spiny dogfish from 
federally permitted spiny dogfish vessels.

FOR FURTHER INFORMATION CONTACT: Don Frei, Fisheries Management 
Specialist, at (978) 281-9221, 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 2008 
fishing year is 4 million lb (1.81 million kg) (71 FR 40436, July 17, 
2006). 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) for both Quota Periods 1 and 2. Quota Period 1 is 
allocated 2.3 million lb (1.05 million kg)), and Quota Period 2 is 
allocated 1.7 million lb (763,849 kg) of the commercial quota. The 
total quota cannot be exceeded, so landings in excess of the amount 
allocated to Period 1 have the effect of reducing the quota available 
to the fishery during 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 has 
been harvested and no Federal commercial quota is available for landing 
spiny dogfish for the remainder of that quota period.
    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 hr local time, August 20, 2008, landings of spiny dogfish in 
coastal states from Maine through Florida by vessels holding commercial 
Federal fisheries permits are prohibited through October 31, 2008, 2400 
hr local time. The 2008 Period 2 quota will be available for commercial 
spiny dogfish harvest on November 1, 2008. Effective August 20, 2008, 
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 Executive Order 12866.

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


[[Page 49618]]


    Dated: August 18, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-19426 Filed 8-18-08; 4:15 pm]
BILLING CODE 3510-22-S