[Federal Register Volume 74, Number 185 (Friday, September 25, 2009)]
[Rules and Regulations]
[Pages 48866-48867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23215]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 060418103-6181-02]
RIN 0648-XR84


Fisheries of the Northeastern United States; Spiny Dogfish 
Fishery; Commercial Period 1 Quota Harvested

AGENCY:  National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION:  Closure of spiny dogfish fishery.

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SUMMARY:  NMFS announces that the spiny dogfish commercial quota 
available to the coastal states from Maine through Florida for the 
first semi-annual quota period, May 1, 2009 - October 31, 2009, has 
been harvested. Therefore, effective 0001 hours, September 26, 2009, 
federally permitted spiny dogfish vessels may not fish for, possess, 
transfer, or land spiny dogfish until November 1, 2009, when the Period 
2 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 1 quota and to allow for effective management of 
this stock.

DATES:  Quota Period 1 for the spiny dogfish fishery is closed 
effective at 0001 hr local time, September 26, 2009, through 2400 hr 
local time October 31, 2009. Effective September 26, 2009, federally 
permitted dealers are also advised that they may not purchase spiny 
dogfish from federally permitted spiny dogfish vessels.

FOR FURTHER INFORMATION CONTACT:  Don Frei at (978) 281-9221, or 
<a href="/cdn-cgi/l/email-protection#fdb99293d3bb8f9894bd93929c9cd39a928b"><span class="__cf_email__" data-cfemail="9dd9f2f3b3dbeff8f4ddf3f2fcfcb3faf2eb">[email protected]</span></a>.

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 commercial quota is available for landing 
spiny dogfish for the remainder of that quota period.

[[Page 48867]]

    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, September 26, 2009, landings of spiny dogfish in 
coastal states from Maine through Florida by vessels holding commercial 
Federal fisheries permits will continue to be prohibited through 
October 31, 2009, 2400 hr local time. The 2009 Period 2 quota will be 
available for commercial spiny dogfish harvest on November 1, 2009. 
Effective September 26, 2009, 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.

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

    Dated: September 22, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-23215 Filed 9-22-09; 4:15 pm]
BILLING CODE 3510-22-S


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