[Federal Register Volume 75, Number 16 (Tuesday, January 26, 2010)]
[Rules and Regulations]
[Pages 4004-4005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1479]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 060418103-6181-02]
RIN 0648-XT98


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: Temporary rule; 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 
second semi-annual quota period, November 1, 2009 -- April 30, 2010, 
has been harvested. Therefore, effective 0001 hours, January 26, 2010, 
federally permitted spiny dogfish vessels may not fish for, possess, 
transfer, or land spiny dogfish until May 1, 2010, 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 to prevent the fishery from 
exceeding its Period 2 quota and to allow for effective management of 
this stock.

DATES: Quota Period 2 for the spiny dogfish fishery is closed effective 
at 0001 hr local time, January 26, 2010, through 2400 hr local time 
April 30, 2010. Effective January 26, 2010, federally permitted dealers 
are also advised that they may not purchase spiny dogfish from 
federally permitted spiny dogfish vessels.

FOR FURTHER INFORMATION CONTACT: Lindsey Feldman at (978) 675-2179, 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 2009 
fishing year is 12 million lb (5,443.11 mt) (74 FR 20230, May 1, 2009). 
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 3,000 lb 
(1.36 mt) for both Quota Periods 1 and 2. Quota Period 1 is allocated 
6,948,000 lb (3,151.56 mt), and Quota Period 2 is allocated 5,052,000 
lb (2,291.55 mt) 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

[[Page 4005]]

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, January 26, 2010, landings of spiny dogfish in 
coastal states from Maine through Florida by vessels holding commercial 
Federal fisheries permits will be prohibited through April 30, 2010, 
2400 hr local time. The 2010 Period 1 quota will be available for 
commercial spiny dogfish harvest on May 1, 2010. Effective January 26, 
2010, 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.
    The Assistant Administrator for Fisheries, NOAA (AA), finds good 
cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the 
opportunity for public comment because it would be contrary to the 
public interest. This action closes the spiny dogfish fishery until May 
1, 2010, under current regulations. The regulations at Sec.  648.21 
require such action to ensure that spiny dogfish vessels do not exceed 
the 2009 TAC. Data indicating the spiny dogfish fleet will have landed 
the 2009 TAC have only recently become available. If implementation of 
this closure is delayed to solicit prior public comment, the quota for 
this year will be exceeded, thereby undermining the conservation 
objectives of the FMP. The AA further finds, pursuant to 5 U.S.C. 
553(d)(3), good cause to waive the 30-day delayed effectiveness period 
for the reasons stated above.

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

    Dated: January 21, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-1479 Filed 1-21-10; 4:15 pm]
BILLING CODE 3510-22-S