[Federal Register Volume 76, Number 52 (Thursday, March 17, 2011)]
[Proposed Rules]
[Pages 14644-14646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6264]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 110303179-1178-02]
RIN 0648-XA163


Fisheries of the Northeastern United States; Proposed 2011 
Specifications for the Spiny Dogfish Fishery

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

ACTION: Proposed rule; request for comments.

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

SUMMARY: NMFS proposes specifications for the spiny dogfish fishery for 
the 2011 fishing year (FY) (May 1, 2011, through April 30, 2012). The 
implementing regulations for the Spiny Dogfish Fishery Management Plan 
(FMP) require NMFS to publish specifications for up to a period of 5 
years, and to provide an opportunity for public comment on those 
specifications. The intent of this rulemaking is to specify the 
commercial quota and other management measures for FY 2011 only. 
Specifically, for FY 2011, NMFS proposes that the annual quota be set 
at 20 million lb (9,071.85 mt), and that the possession limit for 
dogfish remain 3,000 lb (1.36 mt). These proposed specifications and 
management measures are consistent with the FMP and promote the 
utilization and conservation of the spiny dogfish resource.

DATES: Public comments must be received no later than 5 p.m. eastern 
standard time on April 18, 2011.

ADDRESSES: You may submit comments, identified by RIN 0648-XA163, by 
any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov.
     Fax: 978-281-9135, Attn: Lindsey Feldman.
     Mail: Patricia A. Kurkul, Regional Administrator, NMFS, 
Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA 
01930. Mark the outside of the envelope: ``Comments on 2011 Dogfish 
Specifications.''
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments (enter N/A in the required 
fields, if you wish to remain anonymous). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
file formats only.
    Copies of supporting documents used by the Mid-Atlantic Fishery 
Management Council (MAFMC), including the Environmental Assessment (EA) 
and Regulatory Impact Review (RIR)/Initial Regulatory Flexibility 
Analysis (IRFA), are available from: Dr. Christopher M. Moore, 
Executive Director, Mid-Atlantic Fishery Management Council, Suite 201, 
800 N. State St., Dover, DE 19901. The EA/RIR/IRFA is also accessible 
via the Internet at http://www.nero.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Lindsey Feldman, Fishery Management 
Specialist, phone: 978-675-2179, fax: 978-281-9135.

SUPPLEMENTARY INFORMATION: Spiny dogfish were declared overfished by 
NMFS on April 3, 1998, and added to the list of overfished stocks in 
the Report on the Status of the Fisheries of the United States, 
prepared pursuant to section 304 of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act). Consequently, 
the Magnuson-Stevens Act required NMFS to prepare measures to end 
overfishing and rebuild the spiny dogfish stock. During 1998 and 1999, 
the Mid-Atlantic Fishery Management Council (MAFMC) and the New England 
Fishery Management Council (NEFMC) developed a joint FMP, with the 
MAFMC designated as the administrative lead.
    The regulations implementing the FMP at 50 CFR part 648, subpart L, 
outline the process for specifying the commercial quota and other 
management measures (e.g., minimum or maximum fish sizes, seasons, mesh 
size restrictions, possession limits, and other gear restrictions) 
necessary to ensure that the target fishing mortality rate (target F) 
specified in the FMP will not be exceeded in any fishing year (May 1-
April 30), for a period of 1-5 FYs. The annual quota is allocated to 
two semi-annual quota periods, as follows: Period 1, May 1 through 
October 31 (57.9 percent); and Period 2, November 1 through April 30 
(42.1 percent).
    The Spiny Dogfish Monitoring Committee (MC), which is comprised of 
representatives from states; MAFMC staff; NEFMC staff; NMFS staff; 
academia; and two non-voting, ex-officio industry representatives (one 
each from the MAFMC and NEFMC regions), is required to review the best 
available information and to recommend a commercial quota and other 
management measures necessary to achieve the target F for 1-5 FYs. The 
Council's Joint Spiny Dogfish Committee (Joint Committee) considers the 
MC's recommendations and any public comment in making its 
recommendation to the two Councils. The MAFMC and the NEFMC then review 
the recommendations of the MC and Joint Committee and make their 
recommendations to NMFS. NMFS reviews those recommendations, and may 
modify them if necessary to assure that the target F will not be 
exceeded. NMFS then publishes proposed measures for public comment.

Spiny Dogfish Stock Status Update

    NMFS declared the spiny dogfish stock rebuilt on June 22, 2010, 
based on an analysis of biological reference points presented at the 
Transboundary Resource Assessment Committee (TRAC) meeting in January 
2010. A group of peer reviewers, using information from the TRAC 
analysis, accepted a newly defined spiny dogfish biomass target 
(159,288 mt), Ftarget (0.207), and Fthreshold 
(0.325). The 2009 stochastic estimate of spawning stock biomass (SSB) 
(163,256 mt) was shown to exceed the newly defined biomass target, 
which was consistent with a rebuilt stock. Based on the recommendation 
of the MC and TRAC analysis showing the spiny dogfish stock was 
rebuilt, NMFS set the FY 2010 spiny dogfish specifications at 15 
million lb (5,443.11 mt) (75 FR 36012, June 24, 2010).
    In the fall of 2010, the NMFS Northeast Fisheries Science Center 
(NEFSC) updated the spiny dogfish stock status using the population 
modeling approach from the 43rd Stock Assessment Workshop (43rd SAW, 
2006), 2009 catch data, and results from the 2010 spring bottom trawl 
survey. The update specified that the female spawning stock biomass 
(SSB) for 2010 is 164,066 mt (362 million lb), about 3 percent above 
the maximum spawning

[[Page 14645]]

stock biomass, SSBmax (159,288 mt), the maximum sustainable 
yield biomass (Bmsy) proxy.
    The NEFSC stock status update confirmed that overfishing of spiny 
dogfish is not occurring, the stock is not overfished, and the stock is 
rebuilt. The NEFSC stock status update also revised fishing mortality 
reference points, as the fishery is no longer held to the rebuilding 
Ftarget of 0.11. The updated target and threshold Fs are 
0.207 and 0.325, respectively.
    The updated stock assessment noted that there are still a number of 
concerns about the condition of the stock. Although recruitment to the 
fishery increased in 2010, a decline in SSB is expected when small 
1997-2003 year-classes recruit to the SSB (in approximately 2015), due 
to estimated low pup production from 1997-2003 implicated by survey 
catches of pups and low survey catches of the sizes categories for 
these year classes. In addition, rates of pup production may be lower 
than historic levels due to a skewed male-to-female sex ratio of 
approximately 3:1.

Technical Recommendations

    The MAFMC's Scientific and Statistical Committee (SSC) met 
September 21-22, 2010, to develop an acceptable biological catch (ABC) 
recommendation for spiny dogfish for FY 2011, based on the NEFSC stock 
status update. The development of the proposed 2011 spiny dogfish 
specifications was consistent with the Mid-Atlantic Omnibus Amendment 
(also Amendment 2 to the FMP), which will implement annual catch limits 
(ACLs) and accountability measures (AMs) for the spiny dogfish fishery. 
Consistent with the SSC's risk policy for an `typical' stock, in which 
the species' life history makes it vulnerable to overfishing, the SSC 
categorized the updated spiny dogfish assessment as a Level 3 
assessment, due to uncertainty in calculating the overfishing limit 
(OFL). The designation of the spiny dogfish fishery as a Level 3 
assessment dictates that the SSC recommend the OFL for spiny dogfish 
equal 75 percent of Ftarget (20,267 mt), and that the ABC be 
set as a reduction from OFL based on a probability of overfishing of 35 
percent. The ABC that corresponds to a probability of overfishing of 35 
percent was calculated to be 75 percent of the OFL, and is equal to 
15,200 mt.
    Subsequently, on September 24, 2010, the MC met to recommend the 
appropriate quota and possession limits for spiny dogfish in FY 2011, 
based on the SSC's ABC recommendation. To set the appropriate 
commercial quota, the MC deducted all other sources of fishing 
mortality for the spiny dogfish stock (U.S. commercial dead discards, 
recreational landings and discards, and Canadian commercial landings). 
Due to a dramatic decrease in Canadian spiny dogfish landings and 
potential changes in trawl effort in 2009, the MC decided to reduce the 
ABC by actual 2009 removals. Excluding U.S. commercial landings, 
removals (U.S. commercial dead discards, recreational landings and 
discards, and Canadian commercial landings) in 2009 were approximately 
6,043.66 mt (13.324 M lb). The commercial quota that is available after 
deducting the removals from the SSC's ABC recommendation is 20.186 
million lb (15,200 mt minus 6,043.66 mt; 9,156.34 mt). The MC 
recommended a commercial quota of 20.0 million lb (9,071.85 mt), in 
order to build in an additional buffer for other assorted sources of 
uncertainty. The MC also recommended maintaining possession limits at 
3,000 lb (1.36 mt), unchanged from 2010.

Council Recommendations

    At an October 13-14, 2010 meeting, the MAFMC and the Spiny Dogfish 
Joint Committee approved the FY 2011 commercial quota for spiny dogfish 
of 20 million lb (9,071.85 mt), and the possession limit of 3,000 lb 
(1.36 mt), as recommended by the MC. The NEFMC met on November 18, 
2010, and concurred with recommendations of the Joint Committee. While 
management measures may subsequently be established for up to 5 years, 
the Councils are currently recommending specifications and management 
measures for FY 2011 only, to account for new information on the stock 
that may become available, as well as for the implementation of ACLs 
and AMs that will be enacted for spiny dogfish as a part of the Mid-
Atlantic Omnibus Amendment (also Amendment 2 to the FMP).

Proposed Measures

    NMFS reviewed both Councils' recommendation and concluded that the 
quota recommendations would adequately allow utilization and 
conservation of the spiny dogfish resource. Therefore, NMFS proposes 
the measures recommended by both Councils for FY 2011: Setting the 
commercial spiny dogfish quota at 20.0 million lb (9,071.85 mt); and 
maintaining the current possession limit of 3,000 lb (1.36 mt). As 
specified in the FMP, quota Period 1 (May 1 through October 31) would 
be allocated 57.9 percent of the quota (11,580,000 lb (5,252.6 mt)), 
and quota Period 2 (November 1 through April 30) would be allocated 
42.1 percent of the quota (8,420,000 lb (3,819.25 mt)).
    The proposed 2011 spiny dogfish commercial quota is consistent with 
the commercial quota adopted by the Atlantic States Marine Fisheries 
Commission (Commission). On November 12, 2010, the Commission approved 
a FY 2011 quota for spiny dogfish of 20 million lb (9,071.85 mt), and a 
maximum possession limit of 3,000 lb (1.36 mt). The Commission 
allocates the commercial quota by region: The Northern region is 
allocated 58 percent of the quota, the Southern region is allocated 26 
percent of the quota, and North Carolina is allocated 16 percent of the 
quota. While the Federal fishery is closed when the commercial quota is 
projected to be harvested, it is the responsibility of the individual 
states to close their fishery at the recommendation of the Commission 
when the regional allocation is projected to be harvested. Implementing 
a commercial quota of 20 million lb (9,071.85 mt) ensures consistency 
with the Commission. However, there are still inconsistencies in the 
quota allocation scenario between the state and Federal FMPs, which is 
sometimes confusing for fishermen and creates administrative burden. 
The issue of quota allocation will be reconsidered by the Councils in 
upcoming Amendment 3 to the FMP, and is not the subject of this 
rulemaking.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that the proposed rule is 
consistent with the Spiny Dogfish FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law, subject to further 
consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    An initial regulatory flexibility analysis (IRFA) was prepared, as 
required by section 603 of the Regulatory Flexibility Act (RFA). The 
IRFA describes the economic impact this proposed rule, if adopted, 
would have on small entities. A description of the action, why it is 
being considered, and the legal basis for this action are contained at 
the beginning of this section in the preamble and in the SUMMARY 
section of the preamble. A copy of this analysis is available from the 
Council (see ADDRESSES). A summary of the analysis follows:

[[Page 14646]]

Statement of Objective and Need

    A description of the reasons why this action is being considered, 
and the objectives of and legal basis for this action, is contained in 
the preamble to this proposed rule and is not repeated here.

Description and Estimate of Number of Small Entities to Which the Rule 
Will Apply

    According to NMFS permit file data, 3,020 vessels were issued 
Federal spiny dogfish permits in FY 2009, while 398 of these vessels 
contributed to overall landings. All of the potentially affected 
businesses are considered small entities under the standards described 
in NMFS guidelines because they have gross receipts that do not exceed 
$4 million annually. Information from FY 2009 was used to evaluate 
impacts of this action, as that is the most recent year for which data 
are complete.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    This action does not contain any new collection-of-information, 
reporting, recordkeeping, or other compliance requirements. It does not 
duplicate, overlap, or conflict with any other Federal rules.

Minimizing Significant Economic Impacts on Small Entities

    The IRFA considered three distinct alternatives. The proposed 
action (Alternative 2) specifies a commercial quota for spiny dogfish 
of 20.0 million lb (9,071.85 mt), and maintains the current possession 
limit of 3,000 lb (1.36 mt) for FY 2011. The proposed commercial quota 
is higher than the Status Quo (Alternative 1) option, which would 
maintain the FY 2011 commercial quota for spiny dogfish at 15 million 
lb (5,443.11 mt). Alternative 3 would specify a commercial quota of 
31.4 million lb (14,242.8 mt), a level set to achieve the existing 
Ftarget of 0.207. None of the alternatives propose to modify 
the current 3,000-lb (1.36-mt) possession limit.
    If implemented, and assuming that the quota is fully attained, the 
proposed action would be expected to increase revenue levels for 
affected businesses, thereby having a positive economic impact on small 
entities. By contrast, Alternative 1 (status quo) would maintain the 
current revenue levels, and Alternative 3 would be expected to increase 
revenue from dogfish landings. Total spiny dogfish revenue from the 
last complete FY (2009) was reported as $2.360 million. Using the 
average FY 2009 price/lb ($0.22), landing the full FY 2010 quota of 15 
million lb (5,443.11 mt), (and also the FY 2011 quota under Alternative 
1) would yield $3.300 million in fleet revenue. Using the same 
approach, revenue would be expected to increase to $4.400 million under 
the proposed action (Alternative 2) and $6.898 million under 
Alternative 3. The quota level of the proposed action allows the 
highest level of harvest of spiny dogfish while taking into account 
scientific uncertainty about the stock's population. Additionally, 
although the level of increased revenue for small entities is expected 
to be less than under Alternative 3, the proposed action is more likely 
to prevent overfishing of the spiny dogfish resource and promote a more 
stable stream of commercial landings and revenues over the long term.

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

    Dated: March 11, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2011-6264 Filed 3-16-11; 8:45 am]
BILLING CODE 3510-22-P