14644 Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Proposed Rules 

Issued in Washington, DC, on March 11, 

2011 under authority delegated in 49 CFR 

part 106. 

Magdy El-Sibaie, 

Associate Administrator for Hazardous 

Materials Safety. 

[FR Doc. 2011–6175 Filed 3–16–11; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 110303179–1178–02] 

RIN 0648–XA163 

Fisheries of the Northeastern United 

States; Proposed 2011 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. 

SUMMARY: NMFS proposes specifications 

for the spiny dogfish fishery for the 

2011 fishing year (FY) (May 1, 2011, 

through April 30, 2012). 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 on those 

specifications. The intent of this 

rulemaking is to specify the commercial 

quota and other management measures 

for FY 2011 only. Specifically, for FY 

2011, NMFS proposes that the annual 

quota be set at 20 million lb (9,071.85 

mt), and that the possession limit for 

dogfish remain 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 April 18, 2011. 

ADDRESSES: You may submit comments, 

identified by RIN 0648–XA163, 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 

2011 Dogfish Specifications.’’ 

Instructions: 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: Dr. Christopher M. 

Moore, Executive Director, Mid-Atlantic 

Fishery Management Council, Suite 201, 

800 N. State St., Dover, DE 19901. The 

EA/RIR/IRFA is also accessible via the 

Internet at http://www.nero.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Lindsey Feldman, Fishery 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 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 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 

ensure 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 

FYs. 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), 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), 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 FYs. The 

Council’s Joint Spiny Dogfish 

Committee (Joint Committee) considers 

the MC’s recommendations and any 

public comment in making its 

recommendation to the two Councils. 

The MAFMC and the NEFMC then 

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 

NMFS declared the spiny dogfish 

stock rebuilt on June 22, 2010, based on 

an analysis of biological reference 

points presented at the Transboundary 

Resource Assessment Committee 

(TRAC) meeting in January 2010. A 

group of peer reviewers, using 

information from the TRAC analysis, 

accepted a newly defined spiny dogfish 

biomass target (159,288 mt), Ftarget

(0.207), and Fthreshold (0.325). The 2009 

stochastic estimate of spawning stock 

biomass (SSB) (163,256 mt) was shown 

to exceed the newly defined biomass 

target, which was consistent with a 

rebuilt stock. Based on the 

recommendation of the MC and TRAC 

analysis showing the spiny dogfish 

stock was rebuilt, NMFS set the FY 2010 

spiny dogfish specifications at 15 

million lb (5,443.11 mt) (75 FR 36012, 

June 24, 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 

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Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Proposed Rules 14645 

stock biomass, SSBmax (159,288 mt), the 

maximum sustainable yield biomass 

(Bmsy) proxy. 

The NEFSC stock status update 

confirmed that overfishing of spiny 

dogfish is not occurring, the stock is not 

overfished, and the stock is rebuilt. The 

NEFSC stock status update also revised 

fishing mortality reference points, as the 

fishery is no longer held to the 

rebuilding Ftarget of 0.11. The updated 

target and threshold Fs are 0.207 and 

0.325, respectively. 

The updated stock assessment noted 

that there are still a number of concerns 

about the condition of the stock. 

Although recruitment to the fishery 

increased in 2010, a decline in SSB is 

expected when small 1997–2003 yearclasses recruit to the SSB (in 

approximately 2015), due to estimated 

low pup production from 1997–2003 

implicated by survey catches of pups 

and low survey catches of the sizes 

categories for these year classes. In 

addition, rates of pup production may 

be lower than historic levels due to a 

skewed male-to-female sex ratio of 

approximately 3:1. 

Technical Recommendations 

The MAFMC’s Scientific and 

Statistical Committee (SSC) met 

September 21–22, 2010, to develop an 

acceptable biological catch (ABC) 

recommendation for spiny dogfish for 

FY 2011, based on the NEFSC stock 

status update. The development of the 

proposed 2011 spiny dogfish 

specifications was consistent with the 

Mid-Atlantic Omnibus Amendment 

(also Amendment 2 to the FMP), which 

will implement annual catch limits 

(ACLs) and accountability measures 

(AMs) for the spiny dogfish fishery. 

Consistent with the SSC’s risk policy for 

an ‘typical’ stock, in which the species’ 

life history makes it vulnerable to 

overfishing, the SSC categorized the 

updated spiny dogfish assessment as a 

Level 3 assessment, due to uncertainty 

in calculating the overfishing limit 

(OFL). The designation of the spiny 

dogfish fishery as a Level 3 assessment 

dictates that the SSC recommend the 

OFL for spiny dogfish equal 75 percent 

of Ftarget (20,267 mt), and that the ABC 

be set as a reduction from OFL based on 

a probability of overfishing of 35 

percent. The ABC that corresponds to a 

probability of overfishing of 35 percent 

was calculated to be 75 percent of the 

OFL, and is equal to 15,200 mt. 

Subsequently, on September 24, 2010, 

the MC met to recommend the 

appropriate quota and possession limits 

for spiny dogfish in FY 2011, based on 

the SSC’s ABC recommendation. To set 

the appropriate commercial quota, the 

MC deducted all other sources of fishing 

mortality for the spiny dogfish stock 

(U.S. commercial dead discards, 

recreational landings and discards, and 

Canadian commercial landings). Due to 

a dramatic decrease in Canadian spiny 

dogfish landings and potential changes 

in trawl effort in 2009, the MC decided 

to reduce the ABC by actual 2009 

removals. Excluding U.S. commercial 

landings, removals (U.S. commercial 

dead discards, recreational landings and 

discards, and Canadian commercial 

landings) in 2009 were approximately 

6,043.66 mt (13.324 M lb). The 

commercial quota that is available after 

deducting the removals from the SSC’s 

ABC recommendation is 20.186 million 

lb (15,200 mt minus 6,043.66 mt; 

9,156.34 mt). The MC recommended a 

commercial quota of 20.0 million lb 

(9,071.85 mt), in order to build in an 

additional buffer for other assorted 

sources of uncertainty. The MC also 

recommended maintaining possession 

limits at 3,000 lb (1.36 mt), unchanged 

from 2010. 

Council Recommendations 

At an October 13–14, 2010 meeting, 

the MAFMC and the Spiny Dogfish Joint 

Committee approved the FY 2011 

commercial quota for spiny dogfish of 

20 million lb (9,071.85 mt), and the 

possession limit of 3,000 lb (1.36 mt), as 

recommended by the MC. The NEFMC 

met on November 18, 2010, and 

concurred with recommendations of the 

Joint Committee. While management 

measures may subsequently be 

established for up to 5 years, the 

Councils are currently recommending 

specifications and management 

measures for FY 2011 only, to account 

for new information on the stock that 

may become available, as well as for the 

implementation of ACLs and AMs that 

will be enacted for spiny dogfish as a 

part of the Mid-Atlantic Omnibus 

Amendment (also Amendment 2 to the 

FMP). 

Proposed Measures 

NMFS reviewed both Councils’ 

recommendation and concluded that the 

quota recommendations would 

adequately allow utilization and 

conservation of the spiny dogfish 

resource. Therefore, NMFS proposes the 

measures recommended by both 

Councils for FY 2011: Setting the 

commercial spiny dogfish quota at 20.0 

million lb (9,071.85 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 57.9 

percent of the quota (11,580,000 lb 

(5,252.6 mt)), and quota Period 2 

(November 1 through April 30) would 

be allocated 42.1 percent of the quota 

(8,420,000 lb (3,819.25 mt)). 

The proposed 2011 spiny dogfish 

commercial quota is consistent with the 

commercial quota adopted by the 

Atlantic States Marine Fisheries 

Commission (Commission). On 

November 12, 2010, the Commission 

approved a FY 2011 quota for spiny 

dogfish of 20 million lb (9,071.85 mt), 

and a maximum possession limit of 

3,000 lb (1.36 mt). The Commission 

allocates the commercial quota by 

region: The Northern region is allocated 

58 percent of the quota, the Southern 

region is allocated 26 percent of the 

quota, and North Carolina is allocated 

16 percent of the quota. While the 

Federal fishery is closed when the 

commercial quota is projected to be 

harvested, it is the responsibility of the 

individual states to close their fishery at 

the recommendation of the Commission 

when the regional allocation is 

projected to be harvested. Implementing 

a commercial quota of 20 million lb 

(9,071.85 mt) ensures consistency with 

the Commission. However, there are 

still inconsistencies in the quota 

allocation scenario between the state 

and Federal FMPs, which is sometimes 

confusing for fishermen and creates 

administrative burden. The issue of 

quota allocation will be reconsidered by 

the Councils in upcoming Amendment 

3 to the FMP, and is not the subject of 

this rulemaking. 

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: 

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14646 Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Proposed Rules 

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, 

3,020 vessels were issued Federal spiny 

dogfish permits in FY 2009, while 398 

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 $4 million 

annually. Information from FY 2009 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 2) specifies a commercial 

quota for spiny dogfish of 20.0 million 

lb (9,071.85 mt), and maintains the 

current possession limit of 3,000 lb 

(1.36 mt) for FY 2011. The proposed 

commercial quota is higher than the 

Status Quo (Alternative 1) option, 

which 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. 

If implemented, and assuming that 

the quota is fully attained, the proposed 

action would be expected to increase 

revenue levels for affected businesses, 

thereby having a positive economic 

impact on small entities. By contrast, 

Alternative 1 (status quo) would 

maintain the current revenue levels, and 

Alternative 3 would be expected to 

increase revenue from dogfish landings. 

Total spiny dogfish revenue from the 

last complete FY (2009) was reported as 

$2.360 million. Using the average FY 

2009 price/lb ($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. Using 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 of the proposed action 

allows the highest level of harvest of 

spiny dogfish while taking into account 

scientific uncertainty about the stock’s 

population. Additionally, although the 

level of increased revenue for small 

entities is expected to be less than under 

Alternative 3, the proposed action 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. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: March 11, 2011. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2011–6264 Filed 3–16–11; 8:45 am] 

BILLING CODE 3510–22–P 

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