Federal Register / Vol. 65, No. 87 / Thursday, May 4, 2000 / Rules and Regulations 25887

TABLE 5.—2000 TRIP LIMITS 1 FOR ALL OPEN ACCESS GEAR EXCEPT EXEMPTED TRAWL GEAR ENGAGED IN FISHING FOR

PINK SHRIMP *—Continued

[Read Section IV. A. NMFS Actions before using this table.]

Species/groups JAN–FEB MAR–APR MAY–JUN JULY–AUG SEP–OCT NOV DEC

North .................... 1,000 lb/2 months,6 of which no

more than 500 lb may be

species other than black or

blue rockfish

1,500 lb/2 months,6 7 of which no more than 700

lb may be species other than black or blue

rockfish

1,500 lb/2 months,6 7 of which

no more than 700 lb may be

species other than black or

blue rockfish.

South:

40°10′–36°00′

N. lat.

550 lb/2

months

CLOSED 800 lb/2 months 800 lb/2 months.

South of

36°00′ N.

lat.

CLOSED 550 lb/2

months

800 lb/2 months 800 lb/2 months.

Lingcod 8 ..................... CLOSED 400 lb/month size limit 24 inches north, 26 inches

south

CLOSED.

1Trip limits apply coastwide unless otherwise specified. North means 40°10′ N. lat. to the US-Canada border. ‘‘South’’ means 40°10′ N. lat. to

the US-Mexico border. 2There is no size limit for sablefish taken and retained with nontrawl gear in the open access fishery. See IV.B.2.

3 Closed means it is prohibited to take and retain, possess, or land the species in the time or area indicated (see IV.A.(7)).

4Other flatfish means all flatfish listed at 50 CFR 660.302 except those in this Table 5 with a trip limit.

5Yellowtail rockfish and POP in the south and bocaccio, chilipepper, and cowcod rockfishes in the north are included in the trip limits for minor

shelf rockfish in the appropriate area (Table 2). 6The ‘‘per trip’’ limit for black rockfish off Washington also applies. See paragraph IV.B.(4).

7Provisions for landing groundfish in Pacific City, OR are found at paragraph IV.C.(4).

8The size limit for lingcod is 25 inches (61 cm) in the north and 26 inches (66 cm) in the south, total length.

To convert pounds to kilograms, divide by 2.20462, the number of pounds in one kilogram.

* * * * *

Classification

These actions are authorized by the

regulations implementing the FMP and

the emergency rule published at 65 FR

221 (January 4, 2000), and are based on

the most recent data available. The

aggregate data upon which these actions

are based are available for public

inspection at the office of the

Administrator, Northwest Region,

NMFS (see ADDRESSES) during business

hours.

NMFS finds good cause to waive the

requirement to provide prior notice and

an opportunity for public comment on

this action pursuant to 5 U.S.C.

553(b)(B), because providing prior

notice and opportunity for comment

would be impracticable. It would be

impracticable because the next

cumulative limit period begins on May

1, 2000, and affording additional notice

and opportunity for public comment

would impede the due and timely

execution of the agency’s function of

managing fisheries to achieve OY. In

addition, the affected public had the

opportunity to comment on these

actions at the April 3–7, 2000 Council

meeting.

NMFS also finds good cause to waive

the 30-day delay in effectiveness

pursuant to 5 U.S.C. 553(d)(1), because

all of the trip limit changes in this

notice liberalize trip limits, thereby

relieving restrictions. This action should

be implemented at the beginning of the

cumulative trip limit period to avoid

confusion and provide fishers the

uninterrupted opportunity to achieve

the new trip limits. For these reasons

good cause exists to waive the 30-day

delay in effectiveness.

These actions are taken under the

authority of 50 CFR 660.323(b)(1), and

are exempt from review under E.O.

12866.

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

Dated: April 28, 2000.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 00–11108 Filed 5–1–00; 3:07 pm]

BILLING CODE 3510–22–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 000426114–0114–01; I.D.

041000F]

RIN 0648–AN53

Fisheries of the Northeastern United

States; Spiny Dogfish Fishery; 2000

Specifications

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Interim final rule; request for

comments.

SUMMARY: NMFS implements

specifications and seasonal trip limits

for fishing year 2000 (May 1, 2000,

through April 30, 2001) for the spiny

dogfish (Squalus acanthias) fishery.

This action establishes a total quota for

the 2000 fishing year and sets aside a

portion of the total quota for vessels

participating in spiny dogfish exempted

fishing projects. This interim final rule

is implemented to prevent overfishing

of spiny dogfish.

DATES: Effective May 1, 2000, through

October 28, 2000. Comments must be

received at the appropriate address or

fax number (see ADDRESSES) no later

than 5 p.m., eastern daylight time, June

5, 2000.

ADDRESSES: Comments on this interim

final rule should be sent to Patricia A.

Kurkul, Regional Administrator,

Northeast Regional Office, NMFS,

1 Blackburn Drive, Gloucester, MA

01930–2298. Please mark the envelope

‘‘Comments—2000 Spiny Dogfish

Specifications.’’ Comments also may be

sent via facsimile (fax) to 978–281–

9135. Comments will not be accepted if

submitted via e-mail or Internet. Copies

of documents supporting this action are

available from the Regional Office at the

address specified here.

FOR FURTHER INFORMATION CONTACT:

Peter W. Christopher, Fishery Policy

Analyst, 978–281–9288, fax 978–281–

25888 Federal Register / Vol. 65, No. 87 / Thursday, May 4, 2000 / Rules and Regulations

9135, e-mail

peter.christopher@noaa.gov.

SUPPLEMENTARY INFORMATION: The Spiny

Dogfish Fishery Management Plan

(FMP) was partially approved by NMFS

on behalf of the Secretary of Commerce

(Secretary) on September 29, 1999, and

the final rule implementing the FMP

was published on January 10, 2000, and

initially scheduled to be effective on

February 10, 2000. Included among the

approved management measures in the

FMP is a requirement that the MidAtlantic Fishery Management Council

(Mid-Atlantic Council) and New

England Fishery Management Council

(New England Council) jointly develop

annual specifications, which include a

commercial quota to be allocated on a

semi-annual basis, and other restrictions

to assure that fishing mortality targets

will not be exceeded. Both the MidAtlantic and New England Councils

recommended a commercial quota

specification and trip limits to achieve

the FMP’s objectives for fishing year

2000 at their respective meetings in

November and December 1999.

However, the Councils failed to reach

agreement on a preferred commercial

quota and trip limit measure for this

action. While the Mid-Atlantic Council

recommended a quota of 2.9 million lb

(1,316 mt) and a trip limit of 300 lb (136

kg), the New England Council

recommended a quota of 22 million lb

(10,000 mt) and a trip limit of 7,000 lb

(3,175 kg) for the first quota period and

a trip limit of not more than 7,000 lb

(3,175 kg) for the second quota period.

Reasons for Delay of the Final Rule

Effective Date

On February 10, 2000, NMFS, on

behalf of the Secretary, delayed the

effective date of the final rule for the

FMP until March 15, 2000 (65 FR 7460,

February 15, 2000), in order to provide

the Councils with the opportunity to

come to an agreement on how to

proceed with implementation of the

FMP. The effective date of the final rule

was subsequently delayed until March

27, 2000, to provide additional time for

the Councils to reconcile their

differences. The Mid-Atlantic Council

met on March 16, 2000 and voted to

support its original recommendation for

the specifications. The New England

Council met on March 23, 2000 and

voted to recommend a reduced quota of

14.3 million lb (6,500 mt) and a trip

limit of 7,000 lb (3,175 kg) for both

quota periods. The effective date of the

final rule to implement the FMP was

delayed again, until April 3, 2000, to

provide additional time to consider

options for the spiny dogfish

specifications for the 2000 fishing year.

As a result of the Councils’ inability to

reach agreement, NMFS, on behalf of

the Secretary, is issuing this rule

establishing a quota and trip limits for

fishing year 2000 under its interim

authority.

Need To End Overfishing

The FMP specifies that a fishing

mortality rate (F) of 0.03 on female

spiny dogfish is required for the 3-year

period from May 1, 2000, through April

30, 2003, to end overfishing on spiny

dogfish. The FMP further specifies that

the commercial quota be subdivided

into two semi-annual quota periods as

follows: The period from May 1 through

October 31 (quota period 1) is allocated

57.9 percent of the annual quota, and

the period from November 1 through

April 30 (quota period 2) is allocated

42.1 percent of the annual quota. The

current F on female spiny dogfish has

been recently estimated to be

approximately 0.42, indicating that

severe overfishing is occurring. If

overfishing is occurring in a fishery,

section 305(c) of the Magnuson-Stevens

Fishery Conservation and Management

Act (Magnuson-Stevens Act) provides

that the Secretary may implement

interim measures necessary to address

overfishing. The quota and management

measures in this interim final rule

particularly address the overfishing that

is occurring on females in the spiny

dogfish fishery. This is an immediate

problem that will become more serious

if implementation of management

measures to end overfishing is delayed

beyond the start of the fishing year on

May 1, 2000.

Interim Final Rule Measures

This interim final rule implements

2000 specifications for the spiny dogfish

fishery, including a total quota of 4.5

million lb (2,041 mt), of which 4 million

lb (1,814 mt) is allocated to the

commercial fishery and 500,000 lb

(226.7 mt) as a set-aside for spiny

dogfish exempted fishing projects.

Quota period 1 is allocated 57.9 percent,

or 2,316,000 lb (1,050 mt), of the

commercial quota, and quota period 2 is

allocated 42.1 percent, or 1,684,000 lb

(764 mt), of the commercial quota. In

addition, this interim final rule

establishes seasonal spiny dogfish trip

limits of 600 lb (272 kg) for quota period

1, and 300 lb (136 kg) for quota period

2. The measures are necessary to end

overfishing and to achieve the target F

of 0.03 for fishing year 2000.

The spiny dogfish exempted fishing

quota set-aside of 500,000 lb (226.7 mt)

will be allocated to vessels participating

in projects designed to improve

selectivity of spiny dogfish fishing gear

and methods. The primary goal in

providing this incentive for such

projects is to investigate ways to shift

fishing effort away from female spiny

dogfish, which in turn would help to

rebuild the female portion of the stock

and provide greater balance in terms of

the ratio in the stock of females to

males. In addition, spiny dogfish gearselectivity studies could improve

current information on the species,

including bycatch and discard

mortality. Interested parties are required

to submit proposals pursuant to the

provisions for experimental fishing

under 50 CFR 648.12, and the

provisions for exempted fishing set forth

in 50 CFR 600.745.

There is uncertainty and variability in

the population estimates for spiny

dogfish. While landings associated with

the mean estimated population size

would be 2.9 million lb (1,316 mt) with

a fishing mortality rate of F = 0.03, a

range of populations, considering

uncertainty in the estimates, would

result in landings of approximately 1.7

million lb (771 mt) to 4.5 million lb

(2,041 mt) with a fishing mortality rate

of F = 0.03. Uncertainty in the

population estimates therefore indicate

that a 2000 fishing year quota of 4.5

million lb (2,041 mt), which is higher

than that recommended in the FMP,

could still achieve an F of 0.03,

although at a reduced probability. The

trip limits contained in this rule are

probably low enough to end the directed

fishery for spiny dogfish and improve

the likelihood that the measures will

achieve an F of 0.03. This is because

vessel operators are likely to avoid

spiny dogfish. Although discarding of

spiny dogfish would likely continue in

the non-directed fisheries, it is not

expected to cause negative impacts that

have not already been considered in the

FMP. The spiny dogfish exempted

fishing quota set-aside of 500,000 lb

(226.7 mt) is not expected to impact

negatively the goals of the FMP. Projects

would be developed to investigate ways

to avoid catch and discards of female

spiny dogfish. The effect of the projects

on female dogfish will depend on the

degree of targeting that occurs and the

survival rate of discarded female

dogfish. Both aspects will be important

to consider and to measure during the

projects.

The trip limits for quota periods 1 and

2 will probably eliminate the directed

fishery, and they are likely to have

similar impacts on spiny dogfish trips

during the respective quota periods,

based on an analysis of recent NMFS

landings data. Trip limits of 300 lb (136

kg) during quota period 2 and 600 lb

Federal Register / Vol. 65, No. 87 / Thursday, May 4, 2000 / Rules and Regulations 25889

(272 kg) during quota period 1, will

each impact approximately 67 percent

of trips after which spiny dogfish are

landed.

An analysis of the trip limits

examined the expected reduction in the

regulatory discards of spiny dogfish

based on economic decisions of vessel

owners when faced with the subject trip

limits. This analysis indicates that trip

limits, in combination with a low

commercial quota, will produce a high

level of regulatory discards because

spiny dogfish are caught in nearly all

major fisheries in the region. However,

the goal of the FMP and the 2000

specifications is to eliminate the

directed fishery in order to meet the F

of 0.03 target. According to the FMP,

high discards are also associated with

the directed spiny dogfish fishery

because the spiny dogfish landed in this

fishery are primarily large females;

smaller spiny dogfish are usually

discarded. Thus, providing for a low

trip limit that eliminates the directed

fishery should decrease the mortality on

female spiny dogfish. In addition, since

dogfish is a low value species that is

difficult to handle onboard vessels, the

projection of spiny dogfish discards in

the trip limit analyses is presumed to be

overestimated; vessel owners are

expected to make efforts to avoid spiny

dogfish while targeting other species

because of the effort associated with

discarding them.

Alternatives Proposed by the Councils

Mid-Atlantic Council Alternative

The Mid-Atlantic Council

recommended a commercial quota of

2,901,254 lb (1,316 mt) and a trip limit

of 300 lb (136 kg) for both quota periods.

The Mid-Atlantic Council’s rationale for

its recommendation is as follows: (1)

The commercial quota associated with

the F = 0.03 target for fishing year 2000

(as specified in the FMP) is 2,901,254 lb

(1,316 mt); (2) a trip limit of 300 lb (136

kg) is expected to produce, on average,

the level of landings specified in the

FMP during the rebuilding period to

achieve an F of 0.03; (3) the intent of the

FMP is to close the directed fishery for

adult female spiny dogfish after year

one of the rebuilding period and allow

for the landing of incidental catch of

spiny dogfish only during the rebuilding

period; and (4) these restrictions will

prevent a derby fishery and allow for a

more equitable distribution of landings

in time and space. The Mid-Atlantic

Council submitted to NMFS a proposed

rule to implement its recommendations;

however, that proposed rule was not

published in the Federal Register.

New England Council Alternatives

The New England Council initially

recommended a commercial quota of

22,059,228 lb (10,006 mt) and a trip

limit of 7,000 lb (3,175 kg) for quota

period 1 and a trip limit of not more

than 7,000 lb (3,175 kg) for quota period

2. The New England Council reasoned

that the higher commercial quota,

combined with a high trip limit, would

allow the directed fishery to operate for

another year. The New England Council

believed that a commercial quota of

22,059,228 lb (10,006 mt) would

provide for as much as a 50–percent

reduction of landings from 1990 to 1997

levels. Initially, the New England

Council was concerned that discarding

of spiny dogfish would overwhelm

stock rebuilding goals and that the

directed fishery should be maintained

while the Councils determine the

appropriate rebuilding target and

management measures to control

discarding. After reconsidering their

recommendation at the request of the

Secretary, the New England Council

supported a quota of 14.3 million lb

(6,486 mt), which the New England

Council believed would end overfishing

and allow a limited fishery to continue.

The New England Council felt that a trip

limit of 7,000 lb (3,175 kg) would not

encourage a directed fishery but would

instead allow vessels to land dogfish

that would have been discarded. When

combined with discards of spiny

dogfish in other fisheries, the New

England Council argued that the

discards associated with a low trip limit

would undermine the goals of the FMP.

Economic Impact Analysis

NMFS prepared an analysis of

economic impacts on small entities was

prepared for this interim final rule. It

analyzes impacts of measures in this

interim final rule and incorporates

information contained in an initial

regulatory flexibility analysis prepared

by the Mid-Atlantic Council for the

initial proposed rule submission.

The reasons why this action was

considered and is being taken by NMFS

by interim final rulemaking are

described elsewhere in the preamble.

Likewise, the objectives and the legal

basis for this interim final rule are

covered earlier in the preamble.

The small entities considered in the

analysis include 512 vessels that have

reported spiny dogfish landings to

NMFS. Vessels that did not have a

Federal fishery permit in 1998, such as

vessels that fish in state waters only,

were not included in the analysis.

Although it is likely that the measures

would have some impact on the activity

of these vessels, should their owners

choose to acquire a Federal spiny

dogfish permit, the magnitude of this

impact could not be determined.

There are no new reporting or

recordkeeping requirements contained

in the preferred alternative or any of the

other alternatives that were considered

for this action. No relevant Federal rules

are known to duplicate, overlap or

conflict with the measures contained in

this interim final rule.

The 500,000-lb portion of the 4.5-

million lb quota is established to

minimize the economic effects of the

quota without compromising the

objective of the FMP to begin rebuilding

the spiny dogfish stock, especially the

adult female portion.

Analysis of the action considers a

preferred alternative having a

commercial quota of 4 million lb (1,814

mt), and trip limits of 600 lb (272 kg) in

quota period 1 and 300 lb (136 kg) in

quota period 2. Economic impacts on

small entities are also analyzed under

four alternative options: (1) a

commercial quota of 2,901,254 lb (1,316

mt) and a trip limit of 300 lb (136 kg)

for both quota periods (Mid-Atlantic

Council Option); (2) a commercial quota

of 22,059,228 lb (10,006 mt) and a trip

limit of 7,000 lb (3,175 kg) for quota

period 1 and up to 7,000 lb (3,175 kg)

for quota period 2 (the New England

Council’s original recommendation); (3)

a commercial quota of 2,901,254 lb

(1,316 mt), trip limits of 600 lb (272 kg)

for quota period 1 and 300 lb (136 kg)

for quota period 2; and (4) a no action

alternative.

A large portion of affected vessels

identified in the analysis would likely

experience revenue losses under any of

the options. Under the no action

alternative, with no quota or

management measures, the FMP

projects that landings of spiny dogfish

would decrease approximately 50

percent from 1998 levels to 25.5 million

lb (11,576 mt) in fishing year 2000, due

to continued declines in stock size as

the result of overfishing. The analysis

projects that this reduction in spiny

dogfish landings from 1998 levels

would result in lower revenues for a

large portion of the industry. Of the four

options, the Mid-Atlantic Council’s

option would have the greatest negative

economic impact on vessels.

An analysis was conducted for the

trip limits of 600 lb (272 kg) and 300 lb

(136 kg) based on possible economic

decisions of vessel owners during spiny

dogfish trips. The trip limit analysis

includes estimates of the reduction in

the number of trips, the level of

landings during the quota period and

projected closure dates of the quota

25890 Federal Register / Vol. 65, No. 87 / Thursday, May 4, 2000 / Rules and Regulations

periods. The analysis projected that, on

average, under a trip limit of 600 lb (272

kg) for quota period 1, landings will

exceed the semi-annual quota of

2,316,000 lb (1,050 mt) on about

September 5, 2000 (128 days into the

quota period). During quota period 2,

however, if a 300–lb trip limit was in

effect, landings were projected not to

exceed the semi-annual quota of

1,684,000 lb (764 mt). The analysis

projected landings of only 615,000 lb

(279 mt) during quota period 2. Thus,

approximately 1,069,000 lb (485 mt) of

allowable spiny dogfish landings were

projected not to be landed. Although the

commercial quota is 4 million lb (1,814

mt), total projected landings are

projected to reach only 2,930,000 lb

(1,329 mt). However, the analysis does

not account for behavioral changes by

vessel operators, which could impact

the amount of landings. Also, since

vessels without Federal permits are not

captured in the analysis, additional

landings are likely to occur. In

comparison to the Mid-Atlantic Council

option, the impact on small entities is

less severe.

Based on the economic analysis of the

trip limit for quota period 1, and

considering a commercial quota of

2,901,254 lb (1,316 mt), trip limits of

300 lb (136 kg), 600 lb (272 kg), and

7,000 lb (3,175 kg) are estimated to

eliminate approximately 28 percent, 26

percent and 28 percent, respectively, of

fishing trips after which spiny dogfish

are landed. While some impacted

vessels would continue to make trips

and land only up to the trip limits, a

portion of the impacted trips, i.e. 28

percent, 26 percent and 28 percent of

trips under trip limits of 300 lb (136 kg),

600 lb (272 kg) and 7,000 lb (3,175 kg),

respectively, in quota period 1, would

cease because the trip limit would not

provide for profitable trips. The number

of trips that are eliminated under a

7,000–lb trip limit increase because the

length of the season under the high trip

limit would be significantly reduced.

Dogfish sell at around 16 cents per

pound. It is possible that the effort from

the eliminated spiny dogfish trips could

move into other fisheries where vessels

may make up for the lost revenue.

However, it is not clear at what level

this would occur or how much

additional revenue it would create for

the vessels.

Although more vessels would find it

profitable to land spiny dogfish under a

trip limit of 7,000 lb (3,175 kg) while the

season is open, a trip limit of 7,000 lb

(3,175 kg) would not meet the objectives

of the FMP because it would not end the

directed fishery. Vessels may still be

able to make profitable trips by directing

on other species and landing up to the

trip limit of 600 lb (272 kg) or 300 lb

(136 kg) of spiny dogfish. Revenues

from spiny dogfish alone would be

minimal, but the lower trip limits will

likely end the directed fishery and be

consistent with the FMP. If major spiny

dogfish markets are eliminated as a

result of low supply due to a low trip

limit or quick closure of the fishery,

much of the revenue from the spiny

dogfish fishery would also be drastically

reduced.

The spiny dogfish exempted fishing

quota set-aside of 500,000 lb (226.7 mt)

will provide additional revenue for

participating vessels, although the level

cannot be determined without an

estimate of the number of vessels that

would participate in the exempted

fishing projects. In addition, it is likely

that research organizations may provide

additional funding as compensation for

the use of the vessels in the projects.

The impact of the annual

specifications for 2000 contained in this

interim final rule will be greatest in

Massachusetts, North Carolina,

Maryland, Maine and New Jersey,

which account cumulatively for 90

percent of spiny dogfish landings from

1988 through 1997. Further, the

communities of Wachapreague, VA;

Plymouth, MA; and Scituate, MA, have

benefitted from dogfish landings that

made up 76 percent, 76 percent, and 21

percent, respectively, of the value of all

landed fish, based on 1997 NMFS

landings data. Communities such as

these, and others that have relatively

high income from dogfish landings

compared to landings of other species,

will be most impacted by the

commercial quota and trip limit in the

specifications. The analysis also

concludes that small vessels (25 to 49 ft

(7.6 to 14.9 m)), which constitute 88

percent of the affected vessels, would be

particularly impacted under any option.

However, if no action is taken,

communities benefitting from dogfish

landings would experience greater lost

revenues in the long term due to stock

collapse as a result of the directed

fishery. Long-term benefits to the stocks

and revenues resulting from rebuilt

stocks are expected to outweigh the

short-term negative impacts to the

sectors of the fishing industry that have

utilized the spiny dogfish resource.

Following is a summary of the

impacts that would be expected by

implementing the alternatives that were

considered by the Councils.

The Mid-Atlantic Council

recommended a commercial quota of

2,901,254 lb (1,316 mt) and a trip limit

of 300 lb (136 kg) for both quota periods

during fishing year 2000. Based on the

analyses, the Mid-Atlantic Council

option would result in the greatest

reduction in revenues of the options

considered. The only difference

between the Mid-Atlantic Council’s trip

limit recommendation and the action in

this interim final rule is that the trip

limit for quota period 1 under the MidAtlantic Council option would be 300 lb

(136 kg), rather than 600 lb (272 kg) in

this interim final rule. With a trip limit

of 300 lb (136 kg) for quota period 2, the

quota would not be expected to be

exceeded and the fishery would not

close, although revenues per trip would

be small due to the low trip limit and

low value of spiny dogfish. The lower

trip limit would be more likely to cause

immediate loss of spiny dogfish markets

as a result of low supply. The revenue

losses associated with a trip limit of 300

lb (136 kg) in quota period 1 is expected

to be higher than those associated with

a trip limit of 600 lb (272 kg).

The New England Council

recommended a quota of 22,059,228 lb

(10,006 mt) for fishing year 2000 and a

trip limit of 7,000 lb (3,175 kg) in quota

period 1 and up to 7,000 lb (3,175 kg)

in quota period 2. The higher

commercial quota would provide for a

directed fishery for spiny dogfish that

would likely last for the majority of the

quota periods, thus providing vessels

the ability to sell spiny dogfish for a

longer period of time. Further, the

higher trip limits would allow higher

per trip revenues from spiny dogfish

and would reduce regulatory discards.

However, even under this option, a large

number of vessels would likely still

suffer revenue losses compared to 1998

revenues because stock abundance has

declined. The New England Council’s

recommended quota would likely result

in fishing mortality approaching an F of

0.3, thus well exceeding the target F of

0.03, and the high trip limit would

encourage directed spiny dogfish

fishing, both of which are counter to the

objectives of the FMP. Further, longterm revenues to participants in the

fishery would likely be reduced due to

future reductions in landings that could

be required due to overfishing caused by

directed fishing on spiny dogfish.

The trip limit analysis was not

applied to the New England Council’s

more recent quota recommendation of a

14,300,000 lb (6,500 mt) and trip limit

of 7,000 lb (3,175 kg), but the economic

impacts would be greater than those

associated with the Council’s original

recommendation of a quota of

22,059,228 lb (10,006 mt) and trip limit

of 7,000 lb (3,175 kg). Because of the

lower quota, the fishery would close

earlier and more vessels would

Federal Register / Vol. 65, No. 87 / Thursday, May 4, 2000 / Rules and Regulations 25891

experience revenue losses due to the

closure.

Under the no action alternative, the

spiny dogfish fishery would remain

unregulated and fishing mortality could

be expected to remain at or near an F

of 0.43, consistent with current

projected fishing mortality. With no

restrictions, the FMP projects that

landings would decline to about 25.5

million lb (11,576 mt) in fishing year

2000 due to continued reductions in the

stock size. Revenues would decline due

to the projected 41 percent reduction in

landings.

Classification

The Assistant Administrator for

Fisheries, NOAA (AA), finds that it

would be impracticable and contrary to

the public interest to provide prior

notice of and opportunity for public

comment on this action. These measures

must be in place by May 1, 2000, the

start of the fishing year. Any delay in

preventing overfishing increases the

likelihood of a loss of long-term

productivity of the spiny dogfish

resource and increases the probability

that more severe restrictions would be

needed in the future. Therefore, the AA

finds good cause under 5 U.S.C.

553(b)(B) to waive prior notice and the

opportunity for public comment.

Similarly, it is in the public interest

to implement these measures by the

beginning of the next fishing year (May

1, 2000) in order to prevent overfishing

and reduce the likelihood of long term

productivity losses and more severe

restrictions in the future. Therefore, the

AA finds good cause under 5 U.S.C.

553(d)(3) not to delay for 30 days the

effectiveness of this interim final rule.

This interim final rule has been

determined to be significant for the

purposes of E.O. 12866.

Because prior notice and opportunity

for public comment are not required for

this interim final rule by 5 U.S.C. 553,

or any other law, the analytical

requirements of the Regulatory

Flexibility Act, 5 U.S.C. 601 et seq., are

inapplicable. Nevertheless, NMFS

prepared an economic analysis as part

of the regulatory impact review, which

describes the impact this interim final

rule will have on small entities. This

economic analysis is described in the

SUPPLEMENTARY INFORMATION section of

the preamble to this interim final rule.

The President has directed Federal

agencies to use plain language in their

communications with the public,

including regulations. To comply with

this directive, we seek public comment

on any ambiguity or unnecessary

complexity arising from the language

used in this interim final rule.

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Reporting and

recordkeeping requirements.

Dated: May 1, 2000.

Penelope D. Dalton,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons stated in the

preamble, 50 CFR part 648 is amended

as follows:

PART 648—FISHERIES OF THE

NORTHEASTERN UNITED STATES

1. The authority citation for part 648

continues to read as follows:

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

2. In § 648.14, paragraph (aa)(7) is

added to read as follows:

§ 648.14 Prohibitions.

* * * * *

(aa) * * *

(7) Land per trip more than the trip

limit of spiny dogfish specified under

§ 648.235.

3. In § 648.235, the heading is revised

and paragraphs (a) and (b) are added to

read as follows:

§ 648.235 Possession and trip limit

restrictions.

(a) Quota Period 1. From May 1

through October 31, vessels issued a

valid Federal spiny dogfish permit

specified under § 648.4(a)(11) may land

up to 600 lb (272 kg) of spiny dogfish

per trip.

(b) Quota Period 2. From November 1

through April 30, vessels issued a valid

Federal spiny dogfish permit specified

under § 648.4(a)(11) may land up to 300

lb (136 kg) of spiny dogfish per trip.

[FR Doc. 00–11107 Filed 5–1–00; 3:27 pm]

BILLING CODE 3510–22–F