[Federal Register Volume 76, Number 109 (Tuesday, June 7, 2011)]
[Rules and Regulations]
[Pages 32873-32876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13974]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 110303179-1290-02]
RIN 0648-XA163
Fisheries of the Northeastern United States; 2011 Specifications
for the Spiny Dogfish Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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[[Page 32874]]
SUMMARY: NMFS announces specifications and management measures for the
spiny dogfish fishery for the 2011 fishing year (FY) (May 1, 2011,
through April 30, 2012). NMFS is implementing a spiny dogfish quota of
20 million lb (9,071.85 mt) for FY 2011, and is maintaining the
possession limit of 3,000 lb (1.36 mt). These measures are consistent
with the Spiny Dogfish Fishery Management Plan (FMP) and promote the
utilization and conservation of the spiny dogfish resource.
DATES: Effective July 7, 2011, through April 30, 2012.
ADDRESSES: 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 final EA/RIR/IRFA is
also accessible via the Internet at http://www.nero.noaa.gov.
NMFS prepared a Final Regulatory Flexibility Analysis (FRFA), which
is contained in the Classification section of the preamble of this
rule. Copies of the FRFA and the Small Entity Compliance Guide are
available from the Regional Administrator, Northeast Regional Office,
NMFS, 55 Great Republic Drive, Gloucester, MA 01930-2276, and are also
available via the Internet at http://www.nero.nmfs.gov.
FOR FURTHER INFORMATION CONTACT: Lindsey Feldman, Fisheries Management
Specialist, phone: 978-675-2179, fax: 978-281-9135.
SUPPLEMENTARY INFORMATION:
Background
Spiny dogfish were declared overfished by NMFS on April 3, 1998.
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 FMP
implemented a rebuilding program that held fishing mortality rates to a
level that would allow the stock to rebuild and that specified a semi-
annual quota, allocating 57.9 percent of the coastwide quota to the
fishery in Period 1 (May 1-October 30) and 42.1 percent of the quota in
Period 2 (November 1-April 30). The FMP also prohibits ``finning,''
with a maximum of 5 percent fin to carcass ratio by weight; allows for
a framework adjustment process; and implements annual FMP review,
permit and reporting requirements for the spiny dogfish fishery, and
other general administrative requirements (65 FR 1557, January 11,
2000).
The regulations implementing the Spiny Dogfish 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 FY
(May 1-April 30), for a period of 1-5 FYs.
The regulations at Sec. 648.230(b) specify that 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), recommend to the Council's Joint Spiny Dogfish
Committee (Joint Committee) a commercial quota and other management
measures necessary to achieve the target F for 1-5 FYs based on the
best available information. The Joint Committee considers the MC's
recommendations and any public comment in making its recommendation to
the two Councils. The Councils then review the recommendations of the
MC and Joint Committee separately 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.
A proposed rule for this action was published in the Federal
Register on March 17, 2011 (76 FR 14644), with public comment accepted
through April 18, 2011. Consistent with the Councils' recommendations,
NMFS proposed an FY 2011 commercial quota of 20 million lb (9,071.85
mt), a level that will prevent overfishing, after accounting for other
sources of fishing mortality (U.S. discards, recreational catch, and
Canadian landings). NMFS also proposed maintaining the possession limit
of 3,000 lb (1.36 mt) for FY 2011. A complete discussion of the
development of the specifications and management measures appears in
the preamble of the proposed rule and is not repeated here.
Final 2011 Specifications and Management Measures
The spiny dogfish commercial quota for FY 2011 is 20 million lb
(9,071.85 mt). The current possession limit of 3,000 lb (1.36 mt)
remains unchanged. As specified in the FMP, quota Period 1 (May 1
through October 31) is allocated 57.9 percent of the quota (11,580,000
lb (5,252.6 mt)), and quota Period 2 (November 1 through April 30) is
allocated 42.1 percent of the quota (8,420,000 lb (3,819.25 mt)). The
2011 spiny dogfish commercial quota is consistent with the 20-million-
lb quota adopted by the Atlantic States Marine Fisheries Commission
(Commission) on November 12, 2010. However, on March 31, 2011, the
Commission approved Addendum 3 to the Interstate FMP to divide the
southern region annual quota of 42 percent into state-specific shares
and allows for quota transfer between states, rollovers of up to 5
percent, and state-specified possession limits. Although this final
rule implements the same commercial quota as the Commission for FY 2011
(20 million lb), the final 2011 quota implemented by the Commission,
adjusting for overages from the previous year, is approximately 19.5
million lb (a difference of 500,000 lb from the Federal quota). The
issue of quota allocation will be reconsidered by the Councils in the
upcoming Amendment 3 to the FMP.
[[Page 32875]]
Comments and Responses
NMFS received three comments on the proposed measures by three
individuals.
Comment 1: One individual opposed the spiny dogfish commercial
quota increase for FY 2011 and commented that the commercial quota
should be decreased.
Response: The spiny dogfish fishery was declared rebuilt on June
22, 2010, based an analysis of biological reference points presented at
the Transboundary Resource Assessment Committee (TRAC) meeting in
January 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 stock biomass, SSBmax
(159,288 mt), the maximum sustainable yield biomass (Bmsy)
proxy. The 2010 NEFSC stock status update confirmed that overfishing of
spiny dogfish is not occurring, the stock is not overfished, and the
stock has been rebuilt since 2008. The quota increase of 5 million lb
(2,268 mt) for FY 2011 is justified because as the stock continues to
be rebuilt, the fishery is no longer constrained to
Frebuild, and fishing mortality rates can increase without
compromising the status of the current or future stock.
Comment 2: Two individuals supported the increase in the FY 2011
commercial spiny dogfish quota. One individual noted that maintaining
the current possession limit of 3,000 lb (1.36 mt) would not allow for
the development of a directed spiny dogfish fishery.
Response: NMFS agrees that increasing the FY 2011 commercial spiny
dogfish quota will allow utilization of the spiny dogfish resource,
while still protecting the stock from overfishing.
NMFS does not agree that the possession limit should be increased
for FY 2011. The FMP was developed to halt depletion of reproductively
mature female spiny dogfish and to allow the stock to rebuild. Because
the commercial fishery concentrated primarily on mature females, the
FMP established possession limits to control the directed fishery for
spiny dogfish and allow for the reproductively mature female portion of
the population to rebuild. The Councils did not consider alternatives
that would have increased the FY 2011 possession limits specifically to
limit the development of a large-scale directed fishery and allow the
stock to fully rebuild. It is for these reasons that the possession
limit is maintained at 3,000 lb (1.36 mt) for FY 2011.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this rule is
consistent with the Spiny Dogfish FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law.
This action is authorized by 50 CFR part 648 and has been
determined to be not significant for purposes of Executive Order 12866
(E.O. 12866).
Pursuant to section 604 of the Regulatory Flexibility Act, NMFS has
prepared a final regulatory flexibility analysis (FRFA), which is
included in this final rule, in support of the FY 2011 spiny dogfish
specifications and management measures. The FRFA describes the economic
impact that this final rule, along with other non-preferred
alternatives, will have on small entities.
The FRFA incorporates the economic impacts and analysis summarized
in the IRFA, a summary of the significant issues raised by the public,
and a summary of analyses prepared to support the action (i.e., the EA
and the RIR). The contents of these documents are not repeated in
detail here. A copy of the IRFA, the RIR, and the EA are available upon
request (see ADDRESSES).
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 the proposed rule and this final rule and is not
repeated here.
Summary of Public Comment on IRFA and Agency Response
NMFS received three comments from three individuals on the proposed
measures. While the comments were not specifically directed to the
IRFA, two individuals were supportive of the positive economic impact
the increase in the commercial quota would have on the spiny dogfish
fishing industry. In addition, one individual stated that due to the
low ex-vessel value of spiny dogfish, the possession limit should be
increased to allow for the development of a directed spiny dogfish
fishery that can supply a burgeoning market. The response to this
comment is in the ``Comments and Responses'' section in the preamble to
this rule.
Description and Estimate of Number of Small Entities to Which the Rule
Will Apply
The entities potentially affected by this rule include vessels with
Federal spiny dogfish permits. According to NMFS permit file data,
3,020 vessels were issued Federal spiny dogfish permits, while only 398
of these vessels were active in the fishery in FY 2009. All of these
potentially affected businesses are considered small entities under the
standards described in NMFS guidelines because their gross receipts do
not exceed $4 million annually (13 CFR 121.201(2006)).
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
NMFS and the Council considered three distinct alternatives for
this rule, which are assessed in greater detail in the IRFA. The
potential impacts of each alternative were evaluated using information
from FY 2009, as that is the most recent year for which data are
complete. The action recommended in this rule (Alternative 2) specifies
a commercial quota for spiny dogfish of 20 million lb (9,071.85 mt),
which is higher than quota in the Status Quo (Alternative 1) option
that 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.
Assuming that the quota will be fully attained and that FY 2011
prices for spiny dogfish will be similar to those in FY 2009,
Alternatives 2 and 3 would increase revenue levels for affected
businesses, thereby having a positive economic impact on small
entities. The positive economic impacts would be greater under
Alternative 3 than Alternative 2. In contrast, Alternative 1 (status
quo) would maintain the current revenue levels. Total spiny dogfish
revenue from the last complete FY (2009) was reported as $2.360
million. Using the average FY 2009 price/lb
[[Page 32876]]
($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. Applying 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 under Alternative 2 will allow the highest level of harvest of
spiny dogfish while taking into account scientific uncertainty about
the stock. Although the level of increased revenue for small entities
will be less than under Alternative 3, Alternative 2 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.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a letter to permit holders that also serves as
small entity compliance guide (guide) was prepared and will be sent to
all holders of permits issued for the spiny dogfish fishery. In
addition, copies of this final rule and guide (i.e., permit holder
letter) are available from the Northeast Regional Administrator (see
ADDRESSES) and may be found at the following Web site: http://www.nero.noaa.gov/nero/.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 1, 2011.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 2011-13974 Filed 6-6-11; 8:45 am]
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