Fisheries of the Northeastern United States; 2011 Specifications for the Spiny Dogfish Fishery, 32873-32876 [2011-13974]
Download as PDF
<![CDATA[
32873
Federal Register / Vol. 76, No. 109 / Tuesday, June 7, 2011 / Rules and Regulations
I. Unfunded Mandates Reform Act of
1995
This final rule does not impose
unfunded mandates, under the
Unfunded Mandates Reform Act of
1995. It does not result in costs of
$141.3 million or more to either state,
local, or tribal governments, in the
aggregate, or to the private sector, and
is the least burdensome alternative that
achieves the objective of the rule.
J. Privacy Act
Anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78) or you
may visit https://www.dot.gov.
K. National Environmental Policy Act
The National Environmental Policy
Act of 1969 (NEPA) requires Federal
agencies to consider the consequences
of major Federal actions and that they
prepare a detailed statement on actions
significantly affecting the quality of the
human environment. We requested
comments on the potential
environmental impacts of regulations
applicable to the storage of explosives
transported in commerce. We asked for
comments on specific safety and
security measures that would provide
greater benefit to the human
environment, or on alternative actions
the agency could take that would
provide beneficial impacts. No
commenters addressed the potential
environmental impacts of the proposals
in the ANPRM or NPRM.
Safe havens promote the safe storage
of hazardous materials in transportation.
Safe havens ensure that explosives are
stored in a manner that protects them
from release into the environment. This
final rule does not prohibit or promote
the development of safe havens; rather,
it ensures that existing and future safe
havens meet minimum design and
safety criteria. The impact on the
environment if any would be a
reduction in the environmental risks
associated with the unattended storage
of explosives in transportation. As a
result, we have determined that there
are no significant environmental
impacts associated with this rule.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials
transportation, Hazardous waste,
Imports, Incorporation by reference,
Reporting and recordkeeping
requirements.
49 CFR Part 177
Hazardous materials transportation,
Incorporation by reference, Motor
carriers, Radioactive materials,
Reporting and recordkeeping
requirements.
In consideration of the foregoing, 49
CFR Chapter I is amended as follows:
PART 171—GENERAL INFORMATION,
REGULATIONS, AND DEFINITIONS
1. The authority citation for part 171
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.45 and 1.53; Pub. L. 101–410 section
4 (28 U.S.C. 2461 note); Pub L. 104–134
section 31001.
2. In § 171.7, in the paragraph (a)(3)
table, under the entry ‘‘National Fire
Protection Association,’’ the
organization’s mailing address is revised
and the entry ‘‘NFPA 498—Standard for
Safe Havens and Interchange Lots for
Vehicles Transporting Explosives, 2010
Edition’’ is added.
The revision and addition read as
follows:
■
§ 171.7
Reference material.
(a) * * *
(3) Table of material incorporated by
reference. * * *
49 CFR
reference
Source and name of material
*
*
*
*
*
National Fire Protection Association, 1 Batterymarch Park, Quincy, MA, 1–617–770–3000, www.nfpa.org.
*
*
*
*
*
*
*
NFPA 498–Standard for Safe Havens and Interchange Lots for Vehicles Transporting Explosives, 2010 Edition ...........................
*
*
*
3. The authority citation for part 177
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
4. In § 177.835 a new paragraph (k) is
added to read as follows:
■
Class 1 materials.
erowe on DSK5CLS3C1PROD with RULES
*
*
*
*
*
(k) Attendance of Class 1 (explosive)
materials. Division 1.1, 1.2, or 1.3
materials that are stored during
transportation in commerce must be
attended and afforded surveillance in
accordance with 49 CFR 397.5. A safe
haven that conforms to NFPA 498 (IBR,
VerDate Mar<15>2010
15:11 Jun 06, 2011
Jkt 223001
*
see § 171.7 of the subchapter)
constitutes a federally approved safe
haven for the unattended storage of
vehicles containing Division 1.1, 1.2, or
1.3 materials.
PART 177—CARRIAGE BY PUBLIC
HIGHWAY
§ 177.835
*
Issued in Washington, DC, on May 27,
2011, under authority delegated in 49 CFR
part 106.
Cynthia L. Quarterman,
Administrator.
[FR Doc. 2011–13837 Filed 6–6–11; 8:45 am]
BILLING CODE 4910–60–P
PO 00000
*
*
*
177.835
*
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
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
Frm 00015
Fmt 4700
Sfmt 4700
E:\FR\FM\07JNR1.SGM
07JNR1
32874
Federal Register / Vol. 76, No. 109 / Tuesday, June 7, 2011 / Rules and Regulations
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 https://
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 https://www.nero.nmfs.gov.
FOR FURTHER INFORMATION CONTACT:
Lindsey Feldman, Fisheries
Management Specialist, phone: 978–
675–2179, fax: 978–281–9135.
SUPPLEMENTARY INFORMATION:
SUMMARY:
erowe on DSK5CLS3C1PROD with RULES
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
VerDate Mar<15>2010
15:11 Jun 06, 2011
Jkt 223001
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 § 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, exofficio 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.
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
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.
E:\FR\FM\07JNR1.SGM
07JNR1
Federal Register / Vol. 76, No. 109 / Tuesday, June 7, 2011 / Rules and Regulations
erowe on DSK5CLS3C1PROD with RULES
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
VerDate Mar<15>2010
15:11 Jun 06, 2011
Jkt 223001
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 nonpreferred 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
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
32875
‘‘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
E:\FR\FM\07JNR1.SGM
07JNR1
32876
Federal Register / Vol. 76, No. 109 / Tuesday, June 7, 2011 / Rules and Regulations
($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: https://
www.nero.noaa.gov/nero/.
Authority: 16 U.S.C. 1801 et seq.
DATES:
Effective June 7, 2011.
FOR FURTHER INFORMATION CONTACT:
Peggy Busby at 206–526–4323.
A final
rule published May 4, 2011 (76 FR
25246), describes annual management
measures for managing the harvest of
salmon in the area managed by the
Pacific Fishery Management Council
(Council). This correcting amendment
revises a table in that rule to make it
consistent with the text of the rule and
the Council’s recommendations.
SUPPLEMENTARY INFORMATION:
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]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 110223162–1295–02]
RIN 0648–XA184
Fisheries Off West Coast States; West
Coast Salmon Fisheries; 2011
Management Measures; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correcting
amendment.
AGENCY:
NMFS established fishery
management measures for the 2011
ocean salmon fisheries off Washington,
Oregon, and California and the 2012
salmon seasons opening earlier than
May 1, 2012. The final rule published
on May 4, 2011, included an incorrect
area description for minimum size
requirements for the commercial salmon
fishery. This action corrects the
incorrect language.
SUMMARY:
Need for Correction
In the final rule regarding 2011
salmon management measures (76 FR
25246, May 4, 2011), Section 1, part B
on page 25251 consists of a table of
Minimum Size for salmon caught in the
commercial fishery. There are two errors
in this table, rendering it inconsistent
with the rule text and the Council’s
recommendations for the 2011 salmon
management measures, as adopted at
their April 2011 meeting. The
corresponding text describing the
fishing area and geographic boundaries
in Section 1, part A, is correct as
published on May 4, and is consistent
with the Council’s recommendations for
the 2011 management measures for the
salmon fishery. In the table, the area
listed as ‘‘Cape Falcon to Horse Mt.’’ is
corrected to read ‘‘Cape Falcon to OR/
CA Border.’’ The area listed as ‘‘Horse
Mt. to US–Mexico Border’’ is corrected
to read ‘‘OR/CA Border to U.S./Mexico
Border.’’ The table here replaces the
table in 76 FR 25246, Section 1:
B. Minimum Size (Inches) (See C.1)
Chinook
Coho
Area (when open)
Pink
Total length
North of Cape Falcon, OR .................................................
Cape Falcon to OR/CA Border ..........................................
OR/CA Border to U.S./Mexico Border ...............................
Head-off
28.0
28.0
27.0
21.5
21.5
20.5
Total length
Head-off
16.0
..........................
..........................
12.0
..........................
..........................
None.
None.
None.
erowe on DSK5CLS3C1PROD with RULES
Metric equivalents: 28.0 in = 71.1 cm, 27.0 in = 68.6 cm, 21.5 in = 54.6 cm, 20.5 in = 52.1 cm, 16.0in = 40.6 cm, and 12.0 in = 30.5 cm.
VerDate Mar<15>2010
15:11 Jun 06, 2011
Jkt 223001
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
E:\FR\FM\07JNR1.SGM
07JNR1
]]>Agencies
[Federal Register Volume 76, Number 109 (Tuesday, June 7, 2011)]
[Rules and Regulations]
[Pages 32873-32876]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13974]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
[[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 https://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 https://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: https://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]
BILLING CODE 3510-22-P
