[Federal Register Volume 75, Number 166 (Friday, August 27, 2010)]
[Rules and Regulations]
[Pages 52650-52651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21382]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 100201058--0260--02]
RIN 0648-XY22


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: 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 
first semi-annual quota period, May 1, 2010 -- October 31, 2010, has 
been harvested. Therefore, effective 0001 hours, August 27, 2010, 
federally permitted spiny dogfish vessels may not fish for, possess, 
transfer, or land spiny dogfish until November 1, 2010, 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 27, 2010, through 2400 hr local time 
October 31, 2010. Effective August 27, 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 fishery is managed from Maine through Florida, as described 
in Sec.  648.230.
    The initial total commercial quota for spiny dogfish for the 2010 
fishing year is 15 million lb (6,803.89 mt) (74 FR 36012, June 24, 
2010). The commercial quota is allocated into two periods (May 1 
through October 31, and November 1 through April 30). Vessel possession 
limits are set at 3,000 lb (1.36 mt) for both Quota Periods 1 and 2. 
Quota Period 1 is allocated 8,685,000 lb (3,943.45 mt), and Quota 
Period 2 is allocated 6,315,000 lb (2,864.44 mt) of the commercial 
quota. The total quota cannot be exceeded, so landings in excess of the 
amount allocated to Period

[[Page 52651]]

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 
notify 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 27, 2010, landings of spiny dogfish in 
coastal states from Maine through Florida by vessels holding commercial 
Federal fisheries permits will be prohibited through October 31, 2010, 
2400 hr local time. The 2010 Period 2 quota will be available for 
commercial spiny dogfish harvest on November 1, 2010. Effective August 
27, 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 
November 1, 2010, under current regulations. The regulations at Sec.  
648.231 require such action to ensure that spiny dogfish vessels do not 
exceed the 2010 Period 1 quota. Data indicating the spiny dogfish fleet 
will have landed the 2010 Period 1 quota have only recently become 
available. If implementation of this closure is delayed to solicit 
prior public comment, the quota for Period 1 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: August 23, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-21382 Filed 8-24-10; 4:15 pm]
BILLING CODE 3510-22-S