[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