Fisheries of the Northeastern United States; Spiny Dogfish; Framework Adjustment 1; Establishing a Multiple-year Specifications Process, 3016-3018 [06-505]
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3016
Federal Register / Vol. 71, No. 12 / Thursday, January 19, 2006 / Rules and Regulations
Subchapter G—Contract Management
I 6. The clause heading in 1652.222–70
is revised to read as follows.
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PART 1644—SUBCONTRACTING
POLICIES AND PROCEDURES
1652.222–70
Subpart 1644.1—General
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3. Paragraph (a) of section 1644.170 is
revised to read as follows:
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Notice of Significant Events.
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Notice of Significant Events (JUL 2005)
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7. The clause heading in 1652.244–70
is revised to read as follows.
I
1644.170 Policy for FEHB Program
subcontracting.
1652.244–70
Subcontracts.
(a) General policy. Carriers must
follow commercially reasonable
procurement procedures that comply,
when required, with the Federal
Acquisition Regulations (FAR) policies
and procedures relating to competition
and contract pricing for the acquisition
of both commercial and noncommercial
items.
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8. The clause heading in 1652.246–70
is revised to read as follows.
Subchapter H—Clauses and Forms
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PART 1652—CONTRACT CLAUSES
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1652.246–70
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FEHB Inspection.
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FEHB Inspection (JUL 2005)
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National Oceanic and Atmospheric
Administration
Contractor records retention.
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DEPARTMENT OF COMMERCE
4. The clause heading and the last
sentence in clause 1652.204–70 is
amended to read as follows.
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BILLING CODE 6325–39–P
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Subcontracts (JUL 2005)
[FR Doc. 06–459 Filed 1–18–06; 8:45 am]
Subpart 1652.2—Texts of FEHB
Clauses
1652.204–70
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50 CFR Part 648
Contractor Records Retention (JUL 2005)
[Docket No. 051104291–5350–02; I.D.
100405F]
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RIN 0648 AT29
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* * * This clause is effective prospectively
as of the 2005 contract year.
(End of Clause)
5. Section 1652.204–74(a)(1) and the
heading of the clause are revised to read
as follows:
I
1652.204–74
rwilkins on PROD1PC63 with RULES
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Large Provider Agreements.
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Large Provider Agreements (OCT 2005)
(a) Notification and Information
Requirements. (1) The experience-rated
Carrier must provide notice to the contracting
officer of its intent to enter into or to make
a significant modification of a Large Provider
Agreement:
(i) Not less than 60 days before entering
into any Large Provider Agreement; and
(ii) Not less than 60 days before exercising
a renewal or other option, or significant
modification to a Large Provider Agreement,
when such action would result in total costs
to the FEHB Program of an additional 20
percent or more above the existing contract.
However, if a carrier is exercising a simple
renewal or other option contemplated by a
Large Provider Agreement that OPM
previously reviewed, and there are no
significant changes, then a statement to the
effect that the renewal or other option is
being exercised along with the dollar amount
is sufficient notice.
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VerDate Aug<31>2005
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18:05 Jan 18, 2006
Jkt 208001
Fisheries of the Northeastern United
States; Spiny Dogfish; Framework
Adjustment 1; Establishing a Multipleyear Specifications Process
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: NMFS announces the
implementation of Framework
Adjustment 1 (Framework 1) to the
Spiny Dogfish Fishery Management
Plan (FMP), which will allow the
specification of commercial quotas and
other management measures for up to 5
years. This framework adjustment is
intended to improve management of the
Northeast Atlantic stock of Spiny
Dogfish.
DATES: Effective February 21, 2006.
ADDRESSES: Copies of Framework 1, the
Regulatory Impact Review (RIR), Initial
Regulatory Flexibility Analysis (IRFA),
and other supporting documents are
available from Daniel Furlong,
Executive Director, Mid-Atlantic
Fishery Management Council, Room
2115, Federal Building, 300 South
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
Street, Dover, DE 19901–6790. The RIR/
IRFA is also accessible via the Internet
at https://www.nero.noaa.gov/nero/regs/
com.html.
Eric
Jay Dolin, Fishery Policy Analyst, (978)
281–9259, fax (978) 281–9135.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
This framework adjustment to the
FMP is intended to improve
management of the Northeast Atlantic
stock of spiny dogfish (Squalus
acanthias), pursuant to the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act). Under the existing FMP, spiny
dogfish are jointly managed by both the
Mid-Atlantic and the New England
Fishery Management Councils
(Councils). The Councils recommend
annual commercial quotas and other
management measures (e.g., minimum
or maximum fish sizes, seasons, mesh
size restrictions, trip limits, or other
gear restrictions), as needed, in order to
ensure that the target fishing mortality
rate (F) of 0.08 will not be exceeded.
Implementing regulations for these
fisheries are found at 50 CFR part 648,
subpart L. Under the current FMP, the
commercial quota and trip limits are
specified annually and apply only to the
following fishing year.
The Councils developed Framework
1, pursuant to § 648.237, in order to
streamline the administrative and
regulatory processes involved in
specifying the fishing measures for
spiny dogfish, while, at the same time,
maintaining consistency with the
Magnuson-Stevens Act. This action
modifies the FMP so that, within a given
year, the Councils could specify
commercial quotas and other
management measures necessary to
ensure that the target F specified in the
FMP will not be exceeded in each of the
following 1 to 5 years. Implementation
of Framework 1 provides the option, not
the requirement, for Councils to specify
multi-year management measures. All of
the environmental and regulatory
review procedures currently required
under the Magnuson-Stevens Act and
the National Environmental Policy Act
will be conducted and documented
during the year in which specifications
are set. These analyses will consider
impacts throughout the time span for
which specifications are to be set (1 to
5 years). Multi-year quotas and other
management measures would not have
to be constant from year to year, but
would instead be based upon
expectations of future stock conditions
as indicated by the best scientific
E:\FR\FM\19JAR1.SGM
19JAR1
Federal Register / Vol. 71, No. 12 / Thursday, January 19, 2006 / Rules and Regulations
information available at the time the
multi-year specifications are set.
Updated information on the resource
and the fishery would be reviewed at
least every 5 years by the Spiny Dogfish
Monitoring Committee, the Joint Spiny
Dogfish Committee, and the Councils.
Adjustments to the management
measures, once implemented, would not
be expected to occur during the period
of multi-year specifications.
Nevertheless, if new information
indicated that modification to the multiyear management measures is necessary
to ensure that the target F is not
exceeded, the Councils would initiate
the process for setting specifications in
order to make such modifications. Given
the elimination of the annual review/
management measure adjustment
process under this action,
environmental impact evaluation in the
specification setting year would have to
consider thoroughly the uncertainty
associated with projected estimates of
stock size in the 1 to 5 year time
horizon. Accordingly, Council
recommendations for multi-year
management measures would have to be
adequately conservative to
accommodate this uncertainty.
rwilkins on PROD1PC63 with RULES
Comments and Responses
One comment was received and it was
outside the scope of this rulemaking.
Classification
The Regional Administrator had
determined that the framework
adjustment implemented by this final
rule is necessary for the conservation
and management of the spiny dogfish
fishery and is consistent with the
Magnuson-Stevens Act and other
applicable law.
The final rule has been determined to
be not significant for purposes of
Executive Order 12866.
NMFS has prepared a FRFA pursuant
to 5 U.S.C. 604(a). The FRFA
incorporates the discussion that follows,
the comments and responses to the
proposed rule, and the initial regulatory
flexibility analysis (IRFA) and other
analyses completed in support of this
action, which were summarized in the
proposed rule (70 FR 72100, December
1, 2005). A copy of the IRFA is available
from the Mid-Atlantic Fishery
Management Council (see ADDRESSES).
There were 3,513 Federal dogfish
permit holders in 2004. This action does
not establish any management
measures, rather it deals only with the
period of time for which annual
management measures will be
established and, therefore, has no direct
effect on entities participating in the
fishery; accordingly, no steps could be
VerDate Aug<31>2005
16:18 Jan 18, 2006
Jkt 205001
taken to minimize impacts. No
comments germane to the scope of this
rulemaking were received on the IRFA
or the economic impacts of the rule
during the public comment period.
There are no relevant Federal rules that
duplicate, overlap, or conflict with this
rule. This rule does not contain any
new, nor does it revise any existing
reporting, recordkeeping, and other
compliance requirements.
List of Subjects in 50 CFR Part 648
Fishing, Fisheries, Reporting and
recordkeeping requirements.
Dated: January 12, 2006.
James W. Balsiger,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the preamble,
50 CFR part 648 is amended as follows:
I
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
I
Authority: 16 U.S.C. 1801 et seq.
2. Section 648.230 is revised to read
as follows:
I
§ 648.230 Catch quotas and other
restrictions.
(a) Process for setting specifications.
The Spiny Dogfish Monitoring
Committee will review the following
data at least every 5 years, subject to
availability, to determine the total
allowable level of landings (TAL) and
other restrictions necessary to assure
that a target fishing mortality rate
specified in the Spiny Dogfish Fishery
Management Plan will not be exceeded
in each year for which TAL and any
other measures are recommended:
Commercial and recreational catch data;
current estimates of F; stock status;
recent estimates of recruitment; virtual
population analysis results; levels of
noncompliance by fishermen or
individual states; impact of size/mesh
regulations; sea sampling data; impact
of gear other than otter trawls and gill
nets on the mortality of spiny dogfish;
and any other relevant information.
(b) Recommended measures. Based on
this review, the Spiny Dogfish
Monitoring Committee shall recommend
to the Joint Spiny Dogfish Committee a
commercial quota and any other
measures including those in paragraphs
(b)(1)-(b)(5) of this section that are
necessary to assure that the F specified
in paragraph (a) of this section will not
be exceeded in any fishing year (May 1–
April 30), for a period of 1–5 fishing
years. The quota may be set within the
range of zero to the maximum allowed.
PO 00000
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3017
The measures that may be
recommended include, but are not
limited to:
(1) Minimum or maximum fish sizes;
(2) Seasons;
(3) Mesh size restrictions;
(4) Trip limits; or
(5) Other gear restrictions.
(c) Joint Spiny Dogfish Committee
recommendation. The Councils’ Joint
Spiny Dogfish Committee shall review
the recommendations of the Spiny
Dogfish Monitoring Committee. Based
on these recommendations and any
public comments, the Joint Spiny
Dogfish Committee shall recommend to
the Councils a commercial quota and,
possibly, other measures, including
those specified in paragraph (b) of this
section, necessary to assure that the F
specified in paragraph (a) of this section
will not be exceeded in any fishing year
(May 1–April 30), for a period of 1–5
fishing years. The commercial quota
may be set within the range of zero to
the maximum allowed.
(d) Council recommendations. The
Councils shall review these
recommendations and, based on the
recommendations and any public
comments, recommend to the Regional
Administrator a commercial quota and
other measures necessary to assure that
the F specified in paragraph (a) of this
section will not be exceeded in any
fishing year (May 1–April 30), for a
period of 1–5 fishing years. The
Councils’ recommendations must
include supporting documentation, as
appropriate, concerning the
environmental, economic, and other
impacts of the recommendations. The
Regional Administrator shall initiate a
review of these recommendations and
may modify the recommended quota
and other management measures to
assure that the target F specified in
paragraph (a) of this section will not be
exceeded in any fishing year (May 1–
April 30), for a period of 1–5 fishing
years. The Regional Administrator may
modify the Councils’ recommendations
using any of the measures that were not
rejected by both Councils. After such
review, NMFS shall publish a proposed
rule in the Federal Register specifying
a coastwide commercial quota and other
measures necessary to assure that the F
specified in paragraph (a) of this section
will not be exceeded in any fishing year
(May 1–April 30), for a period of 1–5
fishing years. After considering public
comments, NMFS shall publish a final
rule in the Federal Register to
implement such a quota and other
measures.
(e) [Reserved]
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19JAR1
3018
Federal Register / Vol. 71, No. 12 / Thursday, January 19, 2006 / Rules and Regulations
(f) Distribution of annual quota. (1)
The annual quota specified according to
the process outlined in paragraph (a) of
this section shall be allocated between
two semi-annual quota periods as
follows: May 1 through October 31 (57.9
percent) and November 1 through April
30 (42.1 percent).
(2) All spiny dogfish landed for a
commercial purpose in the states from
Maine through Florida shall be applied
against the applicable semi-annual
commercial quota, regardless of where
the spiny dogfish were harvested.
[FR Doc. 06–505 Filed 1–13–06; 3:41 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 050708183–5183–01; I.D.
070505D]
RIN 0648–AT45
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Gulf
Grouper Recreational Management
Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; interim
measures.
rwilkins on PROD1PC63 with RULES
AGENCY:
SUMMARY: NMFS issues this temporary
rule to amend, and extend the effective
date of, the grouper bag limit provisions
implemented by a temporary rule
published by NMFS on July 25, 2005, to
reduce overfishing of red grouper in
Federal waters of the Gulf of Mexico.
This temporary rule amends the bag
limit provision consistent with the
October 31, 2005, ruling of the United
States District Court, Middle District of
Florida (Court). The intended effect is to
reduce overfishing of red grouper in the
Gulf of Mexico.
DATES: This rule is effective January 24,
2006, through July 22, 2006.
ADDRESSES: Copies of documents
supporting this rule may be obtained
from the Southeast Regional Office,
NMFS, 263 13th Avenue South, Saint
Petersburg, FL 33701.
FOR FURTHER INFORMATION CONTACT: Phil
Steele, telephone: 727–551–5784, fax:
727–824–5308, e-mail:
phil.steele@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef
fish fishery of the Gulf of Mexico is
VerDate Aug<31>2005
16:18 Jan 18, 2006
Jkt 205001
managed under the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP).
The FMP was prepared by the Gulf of
Mexico Fishery Management Council
and is implemented under the authority
of the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622.
Background
During the March 7–10, 2005, Gulf of
Mexico Fishery Management Council
(Council) meeting, the Council reviewed
red grouper landings and concluded
that without additional regulations
recreational red grouper landings were
likely to exceed the recreational target
level specified in the rebuilding plan
provided in Secretarial Amendment 1 to
the FMP. The Council passed a motion
and subsequently submitted a letter
requesting NMFS to implement an
interim rule to reduce the recreational
red grouper catch to levels consistent
with the rebuilding plan specified in
Secretarial Amendment 1. In response
to the Council’s request, NMFS issued a
temporary rule (70 FR 42510, July 25,
2005) to reduce the likelihood of
overfishing red grouper, while
minimizing biological impacts on gag
and other groupers that could result
from shifts in effort due to red grouper
management actions. To achieve this
objective, the temporary rule reduced
the red grouper bag limit from 2 fish per
person per day to 1 fish per person per
day; reduced the aggregate grouper bag
limit from 5 grouper, combined, per
person per day, excluding goliath
grouper and Nassau grouper, but not to
exceed 1 speckled hind or 1 warsaw
grouper per vessel per day or 2 red
grouper per person per day, to 3
grouper, combined, per person per day,
excluding goliath grouper and Nassau
grouper, but not to exceed 1 speckled
hind or 1 warsaw grouper per vessel per
day or 1 red grouper per person per day;
and established a closure of the
recreational fishery, from November
through December of 2005, for all
grouper species. Additional background
regarding the need for and impacts of
the July 25, 2005 temporary rule is
contained in the preamble to that rule
and is not repeated here.
On October 31, 2005, a decision was
rendered by the Court on a lawsuit
brought by the Coastal Conservation
Association and The Fishing Rights
Alliance, Inc. against NMFS (Coastal
Conservation Association, et al., vs.
Carlos Gutierrez, Case No. 2:05–cv–400–
FtM–29DNF). The Court partially agreed
with the plaintiffs and set aside aspects
of the interim rule that applied to
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
species other than red grouper. As a
result, NMFS is amending the
temporary rule in accordance with the
Court’s ruling and extending the
effective date for an additional 180 days.
Amendment and Extension of the
Temporary Rule
Under section 305(c)(3)(B) of the
Magnuson-Stevens Act, NMFS may
extend the effectiveness of interim
measures for one additional period of
180 days, provided the public has had
an opportunity to comment on the
interim measures, and the Council is
actively preparing proposed regulations
to address the issue on a permanent
basis.
NMFS solicited comments on the
initial interim measures through August
24, 2005. The comments received and
NMFS’ responses are provided in this
temporary rule. After reviewing all
public comments, NMFS has concluded
that the interim measures were, and as
amended remain, necessary to reduce
the probability of overfishing.
The Council is preparing a regulatory
amendment and associated proposed
regulations that will address measures
to address overfishing of red grouper.
Those measures, if approved and
implemented by NMFS, would replace
this temporary rule. Action to address
these issues via the proposed
regulations associated with the
regulatory amendment cannot be
implemented before the current
temporary rule expires on January 23,
2006. Extension and amendment of the
temporary rule is necessary to conform
with the Court’s ruling, avoid a
regulatory lapse, and ensure that the
risk of overfishing is minimized.
This temporary rule extends the
applicable provisions of the original
temporary rule (70 FR 42510, July 25,
2005) for an additional 180 days and
amends the original temporary rule
consistent with the Court’s ruling.
Under this temporary rule, the aggregate
grouper bag limit is 5 grouper (versus 3
grouper under the original temporary
rule), combined, per person per day,
excluding goliath grouper and Nassau
grouper, but not to exceed 1 speckled
hind or 1 warsaw grouper per vessel per
day or 1 red grouper per person per day.
The November through December
closure of the recreational fishery for all
grouper species, contained in the
original temporary rule, is not relevant
to the period of effectiveness of this
temporary rule and, therefore, is
removed in this temporary rule.
Additional suspensions and extensions
of regulatory text, necessary for
regulatory consistency, are also
included in this temporary rule.
E:\FR\FM\19JAR1.SGM
19JAR1
]]>Agencies
[Federal Register Volume 71, Number 12 (Thursday, January 19, 2006)]
[Rules and Regulations]
[Pages 3016-3018]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-505]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 051104291-5350-02; I.D. 100405F]
RIN 0648 AT29
Fisheries of the Northeastern United States; Spiny Dogfish;
Framework Adjustment 1; Establishing a Multiple-year Specifications
Process
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS announces the implementation of Framework Adjustment 1
(Framework 1) to the Spiny Dogfish Fishery Management Plan (FMP), which
will allow the specification of commercial quotas and other management
measures for up to 5 years. This framework adjustment is intended to
improve management of the Northeast Atlantic stock of Spiny Dogfish.
DATES: Effective February 21, 2006.
ADDRESSES: Copies of Framework 1, the Regulatory Impact Review (RIR),
Initial Regulatory Flexibility Analysis (IRFA), and other supporting
documents are available from Daniel Furlong, Executive Director, Mid-
Atlantic Fishery Management Council, Room 2115, Federal Building, 300
South Street, Dover, DE 19901-6790. The RIR/IRFA is also accessible via
the Internet at https://www.nero.noaa.gov/nero/regs/com.html.
FOR FURTHER INFORMATION CONTACT: Eric Jay Dolin, Fishery Policy
Analyst, (978) 281-9259, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
This framework adjustment to the FMP is intended to improve
management of the Northeast Atlantic stock of spiny dogfish (Squalus
acanthias), pursuant to the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act). Under the existing FMP, spiny
dogfish are jointly managed by both the Mid-Atlantic and the New
England Fishery Management Councils (Councils). The Councils recommend
annual commercial quotas and other management measures (e.g., minimum
or maximum fish sizes, seasons, mesh size restrictions, trip limits, or
other gear restrictions), as needed, in order to ensure that the target
fishing mortality rate (F) of 0.08 will not be exceeded. Implementing
regulations for these fisheries are found at 50 CFR part 648, subpart
L. Under the current FMP, the commercial quota and trip limits are
specified annually and apply only to the following fishing year.
The Councils developed Framework 1, pursuant to Sec. 648.237, in
order to streamline the administrative and regulatory processes
involved in specifying the fishing measures for spiny dogfish, while,
at the same time, maintaining consistency with the Magnuson-Stevens
Act. This action modifies the FMP so that, within a given year, the
Councils could specify commercial quotas and other management measures
necessary to ensure that the target F specified in the FMP will not be
exceeded in each of the following 1 to 5 years. Implementation of
Framework 1 provides the option, not the requirement, for Councils to
specify multi-year management measures. All of the environmental and
regulatory review procedures currently required under the Magnuson-
Stevens Act and the National Environmental Policy Act will be conducted
and documented during the year in which specifications are set. These
analyses will consider impacts throughout the time span for which
specifications are to be set (1 to 5 years). Multi-year quotas and
other management measures would not have to be constant from year to
year, but would instead be based upon expectations of future stock
conditions as indicated by the best scientific
[[Page 3017]]
information available at the time the multi-year specifications are
set. Updated information on the resource and the fishery would be
reviewed at least every 5 years by the Spiny Dogfish Monitoring
Committee, the Joint Spiny Dogfish Committee, and the Councils.
Adjustments to the management measures, once implemented, would not be
expected to occur during the period of multi-year specifications.
Nevertheless, if new information indicated that modification to the
multi-year management measures is necessary to ensure that the target F
is not exceeded, the Councils would initiate the process for setting
specifications in order to make such modifications. Given the
elimination of the annual review/management measure adjustment process
under this action, environmental impact evaluation in the specification
setting year would have to consider thoroughly the uncertainty
associated with projected estimates of stock size in the 1 to 5 year
time horizon. Accordingly, Council recommendations for multi-year
management measures would have to be adequately conservative to
accommodate this uncertainty.
Comments and Responses
One comment was received and it was outside the scope of this
rulemaking.
Classification
The Regional Administrator had determined that the framework
adjustment implemented by this final rule is necessary for the
conservation and management of the spiny dogfish fishery and is
consistent with the Magnuson-Stevens Act and other applicable law.
The final rule has been determined to be not significant for
purposes of Executive Order 12866.
NMFS has prepared a FRFA pursuant to 5 U.S.C. 604(a). The FRFA
incorporates the discussion that follows, the comments and responses to
the proposed rule, and the initial regulatory flexibility analysis
(IRFA) and other analyses completed in support of this action, which
were summarized in the proposed rule (70 FR 72100, December 1, 2005). A
copy of the IRFA is available from the Mid-Atlantic Fishery Management
Council (see ADDRESSES).
There were 3,513 Federal dogfish permit holders in 2004. This
action does not establish any management measures, rather it deals only
with the period of time for which annual management measures will be
established and, therefore, has no direct effect on entities
participating in the fishery; accordingly, no steps could be taken to
minimize impacts. No comments germane to the scope of this rulemaking
were received on the IRFA or the economic impacts of the rule during
the public comment period. There are no relevant Federal rules that
duplicate, overlap, or conflict with this rule. This rule does not
contain any new, nor does it revise any existing reporting,
recordkeeping, and other compliance requirements.
List of Subjects in 50 CFR Part 648
Fishing, Fisheries, Reporting and recordkeeping requirements.
Dated: January 12, 2006.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
0
For the reasons stated in the preamble, 50 CFR part 648 is amended as
follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. Section 648.230 is revised to read as follows:
Sec. 648.230 Catch quotas and other restrictions.
(a) Process for setting specifications. The Spiny Dogfish
Monitoring Committee will review the following data at least every 5
years, subject to availability, to determine the total allowable level
of landings (TAL) and other restrictions necessary to assure that a
target fishing mortality rate specified in the Spiny Dogfish Fishery
Management Plan will not be exceeded in each year for which TAL and any
other measures are recommended: Commercial and recreational catch data;
current estimates of F; stock status; recent estimates of recruitment;
virtual population analysis results; levels of noncompliance by
fishermen or individual states; impact of size/mesh regulations; sea
sampling data; impact of gear other than otter trawls and gill nets on
the mortality of spiny dogfish; and any other relevant information.
(b) Recommended measures. Based on this review, the Spiny Dogfish
Monitoring Committee shall recommend to the Joint Spiny Dogfish
Committee a commercial quota and any other measures including those in
paragraphs (b)(1)-(b)(5) of this section that are necessary to assure
that the F specified in paragraph (a) of this section will not be
exceeded in any fishing year (May 1-April 30), for a period of 1-5
fishing years. The quota may be set within the range of zero to the
maximum allowed. The measures that may be recommended include, but are
not limited to:
(1) Minimum or maximum fish sizes;
(2) Seasons;
(3) Mesh size restrictions;
(4) Trip limits; or
(5) Other gear restrictions.
(c) Joint Spiny Dogfish Committee recommendation. The Councils'
Joint Spiny Dogfish Committee shall review the recommendations of the
Spiny Dogfish Monitoring Committee. Based on these recommendations and
any public comments, the Joint Spiny Dogfish Committee shall recommend
to the Councils a commercial quota and, possibly, other measures,
including those specified in paragraph (b) of this section, necessary
to assure that the F specified in paragraph (a) of this section will
not be exceeded in any fishing year (May 1-April 30), for a period of
1-5 fishing years. The commercial quota may be set within the range of
zero to the maximum allowed.
(d) Council recommendations. The Councils shall review these
recommendations and, based on the recommendations and any public
comments, recommend to the Regional Administrator a commercial quota
and other measures necessary to assure that the F specified in
paragraph (a) of this section will not be exceeded in any fishing year
(May 1-April 30), for a period of 1-5 fishing years. The Councils'
recommendations must include supporting documentation, as appropriate,
concerning the environmental, economic, and other impacts of the
recommendations. The Regional Administrator shall initiate a review of
these recommendations and may modify the recommended quota and other
management measures to assure that the target F specified in paragraph
(a) of this section will not be exceeded in any fishing year (May 1-
April 30), for a period of 1-5 fishing years. The Regional
Administrator may modify the Councils' recommendations using any of the
measures that were not rejected by both Councils. After such review,
NMFS shall publish a proposed rule in the Federal Register specifying a
coastwide commercial quota and other measures necessary to assure that
the F specified in paragraph (a) of this section will not be exceeded
in any fishing year (May 1-April 30), for a period of 1-5 fishing
years. After considering public comments, NMFS shall publish a final
rule in the Federal Register to implement such a quota and other
measures.
(e) [Reserved]
[[Page 3018]]
(f) Distribution of annual quota. (1) The annual quota specified
according to the process outlined in paragraph (a) of this section
shall be allocated between two semi-annual quota periods as follows:
May 1 through October 31 (57.9 percent) and November 1 through April 30
(42.1 percent).
(2) All spiny dogfish landed for a commercial purpose in the states
from Maine through Florida shall be applied against the applicable
semi-annual commercial quota, regardless of where the spiny dogfish
were harvested.
[FR Doc. 06-505 Filed 1-13-06; 3:41 pm]
BILLING CODE 3510-22-S
