[Federal Register Volume 75, Number 63 (Friday, April 2, 2010)]
[Proposed Rules]
[Pages 16716-16718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7489]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 100201058-0158-01]
RIN 0648-AY50
Fisheries of the Northeastern United States; Proposed 2010
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.
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SUMMARY: NMFS proposes specifications for the spiny dogfish fishery for
the 2010 fishing year (FY) (May 1, 2010, through April 30, 2011). 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. This
specification setting will apply to FY 2010 only. The intent of this
rulemaking is to specify the commercial quota and other management
measures, and to rebuild the spiny dogfish resource. NMFS proposes that
the annual quota be set at 12 million lb (5,443.11 mt), and that the
possession limit for dogfish remain set at 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 May 3, 2010.
ADDRESSES: You may submit comments, identified by RIN 0648-AY50, 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 2010 Dogfish
Spex.''
Instructions: No comments will be posted for public viewing until
after the comment period has closed. 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: Richard Seagraves, Acting Deputy
Director, Mid-Atlantic
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Fishery Management Council, Room 2115, Federal Building, 300 South New
Street, Dover, DE 19904-6790. The EA/RIR/IRFA is also accessible via
the Internet at http://www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Lindsey Feldman, Fisheries 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 the preparation of measures to end
overfishing and to rebuild the spiny dogfish stock. A joint FMP was
developed by the MAFMC and NEFMC during 1998 and 1999. The Mid-Atlantic
Fishery Management Council (MAFMC) was designated as the administrative
lead on the FMP.
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 assure 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 fishing years. 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), 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 fishing
years, with the fishing year being from May 1 through April 30. The
Council's Joint Spiny Dogfish Committee (Joint Committee) then
considers the MC's recommendations and any public comment in making its
recommendation to the two Councils. The MAFMC and the NEFMC 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
In the fall of 2009, the 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), 2008
catch data, and results from the 2009 trawl survey. The update
indicates that the female spawning stock biomass (SSB) for 2009 is
163,256 mt (360 M lb), about 2.7% below the maximum spawning stock
biomass, SSBmax (167,800mt), the current maximum sustainable
yield biomass (Bmsy) proxy. However, no biomass target
currently exists in the Federal FMP because the Councils' recommended
target (90% SSBmax) was disapproved during the review of the
FMP in 2000.
The NEFSC stock status update estimated that overfishing is not
occurring. Total removals (U.S. commercial dead discards, recreational
landings and discards, and Canadian commercial landings) in 2008 were
approximately 10,828 mt (23.871 M lb), corresponding to a fishing
mortality (F) estimate of 0.11, well below the overfishing threshold of
F = 0.39 and equivalent to the F level necessary to rebuild the stock
(Frebuild).
While the stock status update shows that the stock is close to the
biomass target proxy, the 2009 stock assessment could not conclude that
the stock is rebuilt. In addition, there are still a number of concerns
about the stock condition. Although recruitment to the fishery
increased in 2009, a decline in SSB is expected when these small 1997-
2003 year-classes recruit to the SSB (approximately 2015) due to
estimated low pup production from 1997-2003 and low survey catches of
the size categories for these year classes. In addition, the current
survival rate of pups may be lower than historic levels due to reduced
maternal size and a skewed male-to-female sex ratio in the population.
Technical Recommendations
The MAFMC's Scientific and Statistical Committee (SSC) met on
October 27, 2009, to develop an acceptable biological catch (ABC)
recommendation for spiny dogfish for FY 2010 based on the NEFSC stock
status update. The SSC discussed the fact that the stock had not been
declared rebuilt, and that the appropriate target fishing mortality for
spiny dogfish should be one consistent with continuing to achieve
Frebuild (0.11). According to model projections, the ABC
associated with Frebuild for spiny dogfish would be 10,064
mt (22.188 million lb).
The MC met on October 29, 2009, and November 13, 2009, to recommend
the appropriate quota and possession limits for FY 2010 based on the
SSC's ABC recommendation. To set the appropriate commercial quota, the
MC took into account all other sources of fishing mortality for the
spiny dogfish stock (U.S. commercial dead discards, recreational
landings and discards, and Canadian commercial landings). The
commercial quota that is available after deducting the estimated values
for these other factors is 12.251 million lb (5,556.96 mt). The MC
chose to recommend a commercial quota of 12.0 million lb (5,443.11 mt)
in order to maintain the same quota in FY 2010 as in FY 2009. The MC
felt that maintaining the slightly lower (status quo) commercial quota
accommodated some management uncertainty for FY 2010. The MC also
recommended maintaining possession limits at 3,000 lb (1.36 mt),
unchanged from 2009.
Joint Committee Recommendations
The Joint Committee did not meet to review the Monitoring
Committee's recommendations due to time limitations associated with the
specification process. The Joint Committee review was encompassed in
the meetings of both of the full Councils.
Council Recommendations
The MAFMC and NEFMC met in December and November 2009,
respectively, to review the technical recommendations. While management
measures may be established in the specification setting process for up
to five years, the Councils are both recommending that the
specifications and management measures be set for FY 2010 only. This is
primarily because the Transboundary Resource Assessment Committee
(TRAC) conducted a benchmark stock assessment for spiny dogfish in
early February 2010, the results of which are expected in late March
2010. The Councils intend to utilize these results in developing
specifications for FY 2011 and beyond.
The MAFMC adopted the MC's recommendation for 12.0 million lb
(5,443.11 mt). The NEFMC did not adopt the MC recommendation and
instead derived their recommendation from an ABC based on F = 0.20. The
commercial quota that results after
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deductions of U.S. commercial dead discards, recreational landings, and
Canadian commercial landings is 21.6 million lb (9,797.60 mt). Both
Councils recommended maintaining the possession limits of 3,000 lb
(1.36 mt).
Proposed Measures
The FMP provides for disagreement between the Councils on
management measures for the upcoming fishing year by specifying that
NMFS may propose measures that were not rejected by both Councils
assuring that the target F (in this case Frebuild until the
fishery is declared rebuilt) will not be exceeded in any fishing year.
NMFS reviewed both Councils' recommendations and concluded that the
MC's recommendation would assure that the Frebuild (0.11) is
not exceeded, as required by the FMP until the stock is determined to
be rebuilt. Therefore, NMFS proposes the measures recommended by the
MAFMC: a commercial spiny dogfish quota of 12.0 million lb (5443.11 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 6,948,000 lb (3,151.56 mt), and quota Period 2 (November 1
through April 30) would be allocated 5,052,000 lb (2,291.55 mt).
The FMP authorizes NMFS to update biological reference points
through the specification process based on the results of a peer-
reviewed resource assessment such as the TRAC. Therefore, this rule
also proposes that; if the results of the TRAC assessment, including
any additional analysis, provide a biomass target that indicates the
stock is rebuilt, NMFS may consider setting a higher quota for FY 2010
in the final rule consistent with an appropriate F value. The Councils
have analyzed the impacts of a quota of 29.5 million lb (13,380.97 mt),
consistent with a target F (0.28) which is the current F target for a
rebuilt stock.
Measures Adopted by the Atlantic States Marine Fisheries Commission
(ASMFC)
NMFS notes that the proposed 2010 spiny dogfish commercial quota is
inconsistent with the commercial quota adopted by the ASMFC. On
February 5, 2010, the ASMFC approved a 15 million lb (6,803.89 mt)
quota with a maximum possession limit of 3,000 lb (1.36 mt) for FY
2010. As the quota implemented under the ASMFC is higher, the proposed
Federal quota is likely to be exceeded by landings by vessels
authorized to fish only in state waters. As in previous years, when the
federal spiny dogfish fishery is closed but state fisheries remain
open, fishing vessels issued federal permits may not fish for, possess,
or land spiny dogfish from state or federal waters. In addition,
Addendum II to the ASMFC's Interstate FMP for Spiny Dogfish allocated
the ASMFC quota with 58 percent to states from Maine through
Connecticut, 26 percent to New York through Virginia, and 16 percent to
North Carolina. Due to this difference in allocation, state and Federal
waters may close at different times, depending on regional and seasonal
quota attainment.
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:
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, 3,019 vessels were issued
Federal spiny dogfish permits in FY 2008, while 229 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
$3.5 million annually. Information from FY 2008 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 1, Status quo and equivalent to No Action) is
expected to achieve Frebuild = 0.11 and recommends a
commercial quota of 12.0 million lb (5,443.11 mt) and a possession
limit of 3,000 lb (1.36 mt), for FY 2010. The proposed commercial quota
is lower than those that result from the higher F targets associated
with Alternative 2 (F = 0.20) and Alternative 3 (F = 0.28). Alternative
2 proposes a 21.6 million lb (9,797.60 mt) quota and Alternative 3
proposes a 29.5 million lb (13,380.97 mt) quota. None of the
alternatives propose to modify the current 3,000 lb possession limit.
Assuming that the quota implemented would be attained, the proposed
action would be expected to maintain current revenue levels.
Alternatives 2 and 3 would be expected to increase revenue from dogfish
landings, which would have positive or null economic impact on small
entities. Total spiny dogfish revenue from the last complete fishing
year (FY 2008) was reported as $2.157 million. Using the average FY
2008 price/lb ($0.24), landing the 12 million lb (5,443.11 mt) quota
would yield $2.880 million in fleet revenue. Using the same approach,
revenue would be expected to increase to $5.191 million under
Alternative 2 and $7.070 million under Alternative 3. However, under
Alternative 1, the proposed quota assures that Frebuild
(0.11) is not exceeded until the stock is determined to be rebuilt, as
required by the FMP.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 29, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 2010-7489 Filed 4-1-10; 8:45 am]
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