[Federal Register Volume 76, Number 62 (Thursday, March 31, 2011)]
[Rules and Regulations]
[Pages 17788-17789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7616]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 100201058-0260-02]
RIN 0648-XA333


Fisheries of the Northeastern United States; Spiny Dogfish 
Fishery; Annual 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 2010 
fishing year (FY), May 1, 2010-April 30, 2011, has been harvested. 
Therefore, effective 0001 hours, April 1, 2011, federally permitted 
spiny dogfish vessels may not fish for, possess, transfer, or land 
spiny dogfish until May 1, 2011, when the quota for FY 2011 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 annual quota and to allow for effective management of this stock.

DATES: The spiny dogfish fishery is closed effective 0001 hr local 
time, April 1, 2011, through 2400 hr local time April 30, 2011. 
Effective April 1, 2011, 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 total commercial quota for spiny dogfish for FY 2010 is 15 
million lb

[[Page 17789]]

(6,803.89 mt) (75 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 were set at 3,000 lb (1.36 
mt) for both Quota Periods 1 and 2. Quota Period 1 was allocated 
8,685,000 lb (3,943.45 mt), and Quota Period 2 was 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 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 their 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, April 1, 2011, landings of spiny dogfish in coastal 
states from Maine through Florida by vessels holding commercial Federal 
fisheries permits will be prohibited through April 30, 2011, 2400 hr 
local time. The FY 2011 quota will be available for commercial spiny 
dogfish harvest on May 1, 2011. Effective April 1, 2011, 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. The regulations at Sec.  648.231 require such action 
to ensure that spiny dogfish vessels do not exceed the FY 2010 quota. 
Data indicating the spiny dogfish fleet will have landed the FY 2010 
quota have only recently become available. If implementation of this 
closure was delayed to solicit prior public comment, the FY 2010 quota 
would 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: March 28, 2011.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-7616 Filed 3-28-11; 4:15 pm]
BILLING CODE 3510-22-P