[Federal Register Volume 62, Number 177 (Friday, September 12, 1997)]
[Notices]
[Pages 48058-48060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24228]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 090497A]


Spiny Dogfish in U.S. Waters in the Western Atlantic Ocean; 
Scoping Process

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

ACTION: Notice of intent to prepare an environmental impact statement 
(EIS) and request for scoping comments.

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SUMMARY: The Mid-Atlantic and New England Fishery Management Councils 
(Councils) announce their intention to jointly prepare, in cooperation 
with NMFS, an EIS to assess potential effects on the human environment 
of a management regime for spiny dogfish (Squalus acanthias) pursuant 
to the Magnuson-Stevens Fishery Conservation and Management Act of 
1976, as amended (Magnuson-Stevens Act). This would be accomplished 
through the development of a Spiny Dogfish Fishery Management Plan 
(FMP). If such an FMP is approved by the Secretary of Commerce 
(Secretary),

[[Page 48059]]

implementation of such action is expected no sooner than 1998. In 
addition, the Councils announce a public process for determining the 
scope of issues to be addressed and for identifying the significant 
issues relating to management of spiny dogfish. The intended effect of 
this notice is to alert the interested public of the commencement of a 
scoping process and to provide for public participation. This action is 
necessary to comply with Federal environmental documentation 
requirements.

DATES: Written comments will be accepted until November 21, 1997. 
Scoping meetings will be held as follows:

1. 7 p.m., September 24, 1997, Philadelphia, PA.
2. 4 p.m., October 1, 1997, Wakefield, MA.
3. 7 p.m., October 29, 1997, Virginia Beach, VA.
4. 4 p.m., November 5, 1997, Portland, ME.

ADDRESSES: Send scoping comments to Mr. David R. Keifer, Executive 
Director, Mid-Atlantic Fishery Management Council, Room 2115, Federal 
Building, 300 South New Street, Dover, DE 19904-6790. The scoping 
meetings will be held at the following locations:
    1. Philadelphia--Radisson Hotel Philadelphia Airport, 500 Stevens 
Drive, Philadelphia, PA (610-521-5900).
    2. Wakefield--Colonial Hilton, 427 Walnut Street, Wakefield, MA 
(781-245-9300).
    3. Virginia Beach--Holiday Inn SunSpree, 39th Street and Atlantic 
Avenue, Virginia Beach, VA (804-428-1711).
    4. Portland--Holiday Inn by the Bay, 88 Spring Street, Portland, ME 
(207-775-2311).

FOR FURTHER INFORMATION CONTACT: David R. Keifer, 302-674-2331 (fax 
302-674-5399).

SUPPLEMENTARY INFORMATION:

Fishery Management Unit

    The management unit is all Atlantic spiny dogfish (Squalus 
acanthias) in U.S. waters in the western Atlantic Ocean.

Problems Discussed for this FMP

1. Development of an Overfishing Definition
    The spiny dogfish stock is currently at or near full exploitation. 
A formal definition of, in order to prevent, overfishing needs to be 
developed. The 18th Northeast Regional Stock Assessment Workshop (SAW-
18) suggested that the stock be considered overfished when the level of 
fishing mortality results in a value of less than one female pup per 
recruit. Current analyses suggest that replacement recruitment would 
occur at values of F<ls-thn-eq> 0.25 at a minimum size of 33 in (84 
cm). Lower Fs would be required at lower minimum landing sizes. Another 
option would be to define overfishing as the rate of fishing which 
exceeds that which produces maximum sustainable yield 
(F<INF>MSY</INF>). SAW-18 estimated F<INF>MSY</INF> = 0.18 and MSY = 
30,000 mt. In addition, a minimum spawning stock threshold can be 
specified. The current analysis suggests that a minimum spawning stock 
biomass of 185,000 mt should be maintained.
2. High Discard Rates in the Non-Directed Fisheries
    Virtually all of the spiny dogfish taken as bycatch in the mixed- 
and multi-species gillnet and otter trawl fisheries in the Northwest 
Atlantic Ocean are discarded. The primary reason for discarding of 
dogfish taken in these fisheries is small size or lack of market. The 
result of this activity is to reduce the mean size/age of selection. 
Since these animals are discarded they represent economic and 
biological waste. Any harvest policy developed must take into account 
the background mortality that results from discarding of dogfish from 
these fisheries.
3. Predation Mortality by Dogfish On Other Stocks
    Spiny dogfish are voracious predators of a variety of species of 
commercial and recreational importance. Several studies reported that 
the diet of spiny dogfish greater than 23.6 in (60 cm) was 
predominantly fish including herring, Atlantic mackerel, redfish, 
Atlantic cod, haddock, silver, red, white and spotted hake, and sand 
lance. Squid also is an important component of the diet. Preliminary 
calculations indicated that the biomass of commercially important 
species consumed by spiny dogfish was comparable to that harvested by 
man. As a result, the effect of spiny dogfish consumption on the 
population levels of other fish species in the Northwest Atlantic 
ecosystem should be considered when establishing a harvest policy for 
the species.
4. Interjurisdictional Nature of the Stock
    A significant portion of the Northwest Atlantic population of spiny 
dogfish resides in Canadian waters during the summer months. Given the 
evidence that this represents a single unit stock in the Northwest 
Atlantic, joint assessment and management of this stock by the United 
States and Canada should be considered.
5. Smooth Dogfish Fisheries
    When the need for management of the dogfish fisheries under the 
Magnuson Act was first evaluated in the late 1970s, the Councils 
considered including smooth dogfish (Mustelus canis) in the management 
unit. Since then, the fishery for spiny dogfish has expanded 
dramatically while the fishery for smooth dogfish has remained of minor 
significance. For example, unpublished NMFS weighout data indicate that 
while greater than 34.8 million lb (15,785 mt) of spiny dogfish were 
landed in 1993, smooth dogfish landings amounted to only about 0.5 
million lb (226.8 mt). Input is needed to determine if smooth dogfish 
should be included in this management plan.
6. Identification of Essential Habitat for Spiny Dogfish
    Pursuant to the new requirements of the Magnuson-Stevens Act, the 
Councils will be identifying essential habitat for spiny dogfish in the 
western Atlantic Ocean. Therefore, the Councils are soliciting comments 
from the public on the identification of and threats to essential 
habitat for spiny dogfish.

                      Possible Management Measures                      
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  Possible management measures for the spiny dogfish commercial fishery 
                                include:                                
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Minimum and/or maximum fish size                                      X 
Minimum mesh size............................................         X 
Selective harvest of males...................................         X 
Prohibition of ``finning''...................................         X 
Closed seasons...............................................         X 
Closed areas.................................................         X 
Quotas.......................................................         X 
Moratorium on vessels........................................         X 
ITQs.........................................................         X 
Dealer and vessel permits....................................         X 
Dealer and vessel reports....................................         X 
Operator permits.............................................         X 
Trip limits..................................................         X 
Permit limits................................................         X 
Gear restrictions & limits...................................         X 
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 Possible management measures for the spiny dogfish recreational fishery
                                include:                                
------------------------------------------------------------------------
Minimum and/or maximum fish size                                      X 
Selective harvest of males...................................         X 
Prohibition of ``finning''...................................         X 
Maximum possession limit.....................................         X 
Closed seasons...............................................         X 
Closed areas.................................................         X 
Gear restrictions & limits...................................         X 
Quotas.......................................................         X 
Restrictions on the ability to sell recreational caught fish.         X 
------------------------------------------------------------------------

Permitting and Reporting

    It is anticipated that permits will be required for vessels landing 
spiny

[[Page 48060]]

dogfish for sale, dealers purchasing this species from permitted 
vessels, and party and charter boats in the spiny dogfish fishery. It 
is anticipated that operators of commercial vessels (vessels with 
permits to sell spiny dogfish) and operators of party and charter boats 
will be required to obtain permits.
    It is anticipated that vessels landing spiny dogfish for sale would 
need to submit logbooks. It is anticipated that dealers purchasing 
these species from permitted commercial vessels would need to submit 
reports. It is anticipated that operators of charter and party boats 
would need to submit logbooks.
    In the Paperwork Reduction Act (SF-83) forms prepared by NMFS for 
Amendment 2 to the Summer Flounder FMP, the Dealer Purchase Report was 
estimated to involve 1,255 respondents and 26+ responses per respondent 
per year, for a total of 33,135 responses at 0.0448 hours per response, 
for a total of 1,485 hours. The Vessel Logbook was estimated at 1,314 
respondents, 12 responses per respondent, at 0.08 hours per response, 
for a total of 1,261 burden hours. The Vessel Permit was estimated at 
24,943 annual responses at 0.2878 hours per response, for a total of 
7,179 burden hours.
    Similar burden hours should be experienced through spiny dogfish 
management. These burden hours may be reduced if vessels with summer 
flounder permits qualify for the spiny dogfish fishery. Currently, 
operating permits are required in the Northeast Multispecies, Atlantic 
Sea Scallop, and Summer Flounder fisheries. It is expected that the 
burden hours for the operator permit for spiny dogfish would be similar 
to those estimated for the operator permit for the Summer Flounder 
fishery.

Timetable for EIS Preparation and Decision Making

    The Councils have adopted a tentative FMP preparation, review, and 
approval schedule for spiny dogfish. Under this schedule, the draft EIS 
is planned for completion during 1998. If an acceptable draft is 
completed, the Councils could decide in 1998 whether to submit the 
draft EIS for public review. Oral comments to the Councils on their 
decision could be made at the respective Council meetings. If the 
Councils' decisions are affirmative, public review of the draft EIS 
would occur 45 days following these meetings. During late 1998, the 
Councils would decide on the final management measures and proposed 
regulations for spiny dogfish. Again, oral comments on this decision 
could be made to the Councils at those meetings. If the Councils' 
decisions are affirmative, the EIS would be made final and submitted 
with the FMP and other rulemaking documents to the Secretary for review 
and approval. The Councils reserve the right to modify or abandon this 
schedule if determined necessary.
    Under the Magnuson-Stevens Act, Secretarial review and approval of 
a proposed FMP is completed in no more than 95 days and includes 
concurrent public comment periods on the FMP and proposed regulations. 
If approved by the Secretary under this schedule, the spiny dogfish 
management measures would be effective in 1998 or 1999.

Special Accommodations

    The meetings are physically accessible to people with disabilities. 
Requests for sign language interpretation or other auxiliary aids 
should be directed to David R. Keifer (see ADDRESSES) at least 5 days 
prior to the meeting date.

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

    Dated: September 9, 1997.
Bruce Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 97-24228 Filed 9-11-97; 8:45 am]
BILLING CODE 3510-22-P