Fisheries of the Northeastern United States; Spiny Dogfish Fishery; Commercial Period 2 Quota Harvested, 4004-4005 [2010-1479]
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Federal Register / Vol. 75, No. 16 / Tuesday, January 26, 2010 / Rules and Regulations
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Dated: January 15, 2010.
Sandra K. Knight,
Deputy Assistant Administrator for Mitigation
Department of Homeland Security Federal
Emergency Management Agency.
[FR Doc. 2010–1414 Filed 1–25–10; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 060418103–6181–02]
RIN 0648–XT98
Fisheries of the Northeastern United
States; Spiny Dogfish Fishery;
Commercial Period 2 Quota Harvested
WReier-Aviles on DSKGBLS3C1PROD with RULES
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; Closure of
spiny dogfish fishery.
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,
2009 — April 30, 2010, has been
harvested. Therefore, effective 0001
hours, January 26, 2010, federally
VerDate Nov<24>2008
13:55 Jan 25, 2010
Jkt 220001
permitted spiny dogfish vessels may not
fish for, possess, transfer, or land spiny
dogfish until May 1, 2010, when the
Period 1 quota 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 Period 2 quota and to
allow for effective management of this
stock.
DATES: Quota Period 2 for the spiny
dogfish fishery is closed effective at
0001 hr local time, January 26, 2010,
through 2400 hr local time April 30,
2010. Effective January 26, 2010,
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
Lindsey.Feldman@noaa.gov.
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
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
specified in the fishery management
plan. The commercial quota is
distributed to the coastal states from
Maine through Florida, as described in
§ 648.230.
The initial total commercial quota for
spiny dogfish for the 2009 fishing year
is 12 million lb (5,443.11 mt) (74 FR
20230, May 1, 2009). The commercial
quota is allocated into two periods (May
1 through October 31, and November 1
through April 30). Vessel possession
limits are intended to preclude directed
fishing, and they are set at 3,000 lb (1.36
mt) for both Quota Periods 1 and 2.
Quota Period 1 is allocated 6,948,000 lb
(3,151.56 mt), and Quota Period 2 is
allocated 5,052,000 lb (2,291.55 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
E:\FR\FM\26JAR1.SGM
26JAR1
Federal Register / Vol. 75, No. 16 / Tuesday, January 26, 2010 / Rules and Regulations
WReier-Aviles on DSKGBLS3C1PROD with RULES
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 26, 2010,
landings of spiny dogfish in coastal
states from Maine through Florida by
vessels holding commercial Federal
fisheries permits will be prohibited
through April 30, 2010, 2400 hr local
time. The 2010 Period 1 quota will be
available for commercial spiny dogfish
harvest on May 1, 2010. Effective
VerDate Nov<24>2008
13:55 Jan 25, 2010
Jkt 220001
January 26, 2010, 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, 2010, under current
regulations. The regulations at § 648.21
require such action to ensure that spiny
PO 00000
Frm 00023
Fmt 4700
Sfmt 9990
4005
dogfish vessels do not exceed the 2009
TAC. Data indicating the spiny dogfish
fleet will have landed the 2009 TAC
have only recently become available. If
implementation of this closure is
delayed to solicit prior public comment,
the quota for this year 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 21, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–1479 Filed 1–21–10; 4:15 pm]
BILLING CODE 3510–22–S
E:\FR\FM\26JAR1.SGM
26JAR1
]]>Agencies
[Federal Register Volume 75, Number 16 (Tuesday, January 26, 2010)]
[Rules and Regulations]
[Pages 4004-4005]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1479]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 060418103-6181-02]
RIN 0648-XT98
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.
-----------------------------------------------------------------------
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, 2009 -- April 30, 2010,
has been harvested. Therefore, effective 0001 hours, January 26, 2010,
federally permitted spiny dogfish vessels may not fish for, possess,
transfer, or land spiny dogfish until May 1, 2010, when the Period 1
quota 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 Period 2 quota and to allow for effective management of
this stock.
DATES: Quota Period 2 for the spiny dogfish fishery is closed effective
at 0001 hr local time, January 26, 2010, through 2400 hr local time
April 30, 2010. Effective January 26, 2010, 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
Lindsey.Feldman@noaa.gov.
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 commercial quota is distributed to the coastal states from
Maine through Florida, as described in Sec. 648.230.
The initial total commercial quota for spiny dogfish for the 2009
fishing year is 12 million lb (5,443.11 mt) (74 FR 20230, May 1, 2009).
The commercial quota is allocated into two periods (May 1 through
October 31, and November 1 through April 30). Vessel possession limits
are intended to preclude directed fishing, and they are set at 3,000 lb
(1.36 mt) for both Quota Periods 1 and 2. Quota Period 1 is allocated
6,948,000 lb (3,151.56 mt), and Quota Period 2 is allocated 5,052,000
lb (2,291.55 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
[[Page 4005]]
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 26, 2010, landings of spiny dogfish in
coastal states from Maine through Florida by vessels holding commercial
Federal fisheries permits will be prohibited through April 30, 2010,
2400 hr local time. The 2010 Period 1 quota will be available for
commercial spiny dogfish harvest on May 1, 2010. Effective January 26,
2010, 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, 2010, under current regulations. The regulations at Sec. 648.21
require such action to ensure that spiny dogfish vessels do not exceed
the 2009 TAC. Data indicating the spiny dogfish fleet will have landed
the 2009 TAC have only recently become available. If implementation of
this closure is delayed to solicit prior public comment, the quota for
this year 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 21, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-1479 Filed 1-21-10; 4:15 pm]
BILLING CODE 3510-22-S
