[Federal Register Volume 77, Number 9 (Friday, January 13, 2012)]
[Rules and Regulations]
[Pages 2022-2023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-496]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 110303179-1290-02]
RIN 0648-XA926


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, 2011-April 30, 2012, has 
been harvested. Therefore, effective 0001 hours, January 13, 2012, 
federally permitted spiny dogfish vessels may not fish for, possess, 
transfer, or land spiny dogfish until May 1, 2012, when the

[[Page 2023]]

2012 spiny dogfish fishing year begins. 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: Effective at 0001 hr local time, January 13, 2012, through 2400 
hr local time April 30, 2012.

FOR FURTHER INFORMATION CONTACT: Carly Bari, (978) 281-9224, or 
[email protected].

SUPPLEMENTARY INFORMATION: Regulations governing the spiny dogfish 
fishery are found at 50 CFR part 648, subpart L. 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 2011 
fishing year is 20 million lb (9,071.85 mt) (76 FR 32874, June 7, 
2011). 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) per trip for both Quota Period 1 
and 2. Quota Period 1 is allocated 11,580,000 lb (5,252.6 mt), and 
Quota Period 2 is allocated 8,420,000 lb (3,819.25 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 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. Therefore, effective 
0001 hr local time, January 13, 2012, landings of spiny dogfish in 
coastal states from Maine through Florida by vessels holding commercial 
Federal fisheries permits will be prohibited through 2400 hr local 
time, April 30, 2012. The 2012 Period 1 quota will be available for 
commercial spiny dogfish harvest on May 1, 2012. Effective January 13, 
2012, 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, 2012, under current regulations. The regulations at Sec.  648.231 
require such action to ensure that the spiny dogfish 2011 Period 2 
quota is not exceeded. Data indicating the spiny dogfish fleet will 
have landed the 2011 Period 2 quota have only recently become 
available. If implementation of this closure is delayed to solicit 
prior public comment, the quota for Period 2 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 9, 2012.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2012-496 Filed 1-9-12; 4:15 pm]
BILLING CODE 3510-22-P