[Federal Register Volume 73, Number 204 (Tuesday, October 21, 2008)]
[Rules and Regulations]
[Page 62445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25077]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 060418103-6181-02]
RIN 0648-XL29


Fisheries of the Northeastern United States; Spiny Dogfish 
Fishery; Commercial Period 2 Quota Harvested

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

ACTION: Closure of spiny dogfish fishery.

-----------------------------------------------------------------------

SUMMARY: NMFS announces that the spiny dogfish commercial quota 
available to the coastal states from Maine through Florida for the 
semi-annual quota period, November 1, 2008--April 30, 2009, has been 
harvested and will not open for the Period 2 fishery. Therefore, 
effective 0001 hours, November 1, 2008, federally permitted spiny 
dogfish vessels may not fish for, possess, transfer, or land spiny 
dogfish until May 1, 2009, when the Period 1 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 because the fishery has exceeded its annual quota.

DATES: Quota Period 2 for the spiny dogfish fishery is closed effective 
at 0001 hr local time, November 1, 2008, through 2400 hr local time 
April 30, 2009. Effective November 1, 2008, federally permitted dealers 
are also advised that they may not purchase spiny dogfish from 
federally permitted spiny dogfish vessels.

FOR FURTHER INFORMATION CONTACT: Jamie Goen at (978) 281-9220, 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. The Period 1 fishery 
was closed on August 20, 2008, for vessels issued Federal permits. 
However, landings by state waters vessels continued because the states 
have set a higher commercial quota. NMFS data available through October 
8, 2008, estimates the commercial harvest of spiny dogfish to be at 
4,800,374 lb (2.18 million kg), well over the 4 million lb (1.81 
million kg) quota for the 2008 fishery. Therefore, effective 0001 hr 
local time, November 1, 2008, landings of spiny dogfish in coastal 
states from Maine through Florida by vessels holding commercial Federal 
fisheries permits will continue to be prohibited through April 30, 
2009, 2400 hr local time. The 2009 Period 1 quota will be available for 
commercial spiny dogfish harvest on May 1, 2009. Effective November 1, 
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.

    Dated: October 15, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-25077 Filed 10-20-08; 8:45 am]
BILLING CODE 3510-22-S