52286 Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Rules and Regulations 

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[FR Doc. 2011–21262 Filed 8–19–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 110303179–1290–02] 

RIN 0648–XA632 

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: Temporary rule; closure of 

spiny dogfish fishery. 

SUMMARY: NMFS announces that the 

spiny dogfish commercial quota 

available to the coastal states from 

Maine through Florida for the first semiannual quota period, May 1, 2011– 

October 31, 2011, has been harvested. 

Therefore, effective 0001 hours, August 

26, 2011, federally permitted spiny 

dogfish vessels may not fish for, 

possess, transfer, or land spiny dogfish 

until November 1, 2011, 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: Effective at 0001 hr local time, 

August 26, 2011, through 2400 hr local 

time October 31, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Carly Knoell, (978) 281–9224, or 

Carly.Knoell@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the spiny dogfish 

fishery are found at 50 CFR part 648, 

subpart L. 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 fishery is managed from 

Maine through Florida, as described in 

§ 648.230. 

The initial total commercial quota for 

spiny dogfish for the 2011 fishing year 

is 20 million lb (9,071.85 mt) (76 FR 

32874, June 7, 2011). The commercial 

quota is allocated into two periods (May 

1 through October 31, and November 1 

through April 30). Vessel possession 

limits are set at 3,000 lb (1.36 mt) per 

trip for both Quota Periods 1 and 2. 

Quota Period 1 is allocated 11,580,000 

lb (5,252.6 mt), and Quota Period 2 is 

allocated 8,420,000 lb (3,819.25 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. 

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, August 26, 2011, 

landings of spiny dogfish in coastal 

states from Maine through Florida by 

vessels holding commercial Federal 

fisheries permits will be prohibited 

through October 31, 2011, 2400 hr local 

time. The 2011 Period 2 quota will be 

available for commercial spiny dogfish 

harvest on November 1, 2011. Effective 

August 26, 2011, federally permitted 

dealers are also advised that they may 

not purchase spiny dogfish from vessels 

issued Federal spiny dogfish permits 

that land in coastal states from Maine 

through Florida. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds good cause 

pursuant to 5 U.S.C. 553(b)(B) to waive 

prior notice and the opportunity for 

public comment because it would be 

contrary to the public interest. This 

action closes the spiny dogfish fishery 

until November 1, 2011, under current 

regulations. The regulations at § 648.231 

require such action to ensure that spiny 

dogfish vessels do not exceed the 2011 

Period 1 quota. Data indicating the 

spiny dogfish fleet will have landed the 

2011 Period 1 quota have only recently 

become available. If implementation of 

this closure is delayed to solicit prior 

public comment, the quota for Period 1 

will be exceeded, thereby undermining 

the conservation objectives of the FMP. 

The AA further finds, pursuant to 5 

U.S.C. 553(d)(3), good cause to waive 

the 30-day delayed effectiveness period 

for the reasons stated above. 

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

Dated: August 17, 2011. 

Galen R. Tromble, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–21386 Filed 8–19–11; 8:45 am] 

BILLING CODE 3510–22–P 

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