[Federal Register Volume 77, Number 53 (Monday, March 19, 2012)]
[Proposed Rules]
[Pages 15991-15993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6576]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 120213130-2129-01]
RIN 0648-XA973


Fisheries of the Northeastern United States; Proposed 2012 Spiny 
Dogfish Fishery Specifications

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

ACTION: Proposed rule; request for comments.

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SUMMARY: This rule proposes a catch limit, commercial quota, and trip 
limit for the spiny dogfish fishery for the 2012 fishing year. The 
proposed action was developed by the Mid-Atlantic and New England 
Fishery Management Councils pursuant to the fishery specification 
requirements of the Spiny Dogfish Fishery Management Plan. The proposed 
management measures are supported by the best available scientific 
information and reflect recent increases in spiny dogfish biomass. The 
proposed action is expected to result in positive economic impacts for 
the spiny dogfish fishery while maintaining the conservation objectives 
of the Spiny Dogfish Fishery Management Plan.

DATES: Public comments must be received no later than 5 p.m., eastern 
standard time, on April 18, 2012.

ADDRESSES: An environmental assessment (EA) was prepared that describes 
the proposed action and other considered alternatives and provides a 
thorough analysis of the impacts of the proposed measures and 
alternatives. Copies of the EA and the Initial Regulatory Flexibility 
Analysis (IRFA), are available on request from Dr. Christopher M. 
Moore, Executive Director, Mid Atlantic Fishery Management Council, 
Suite 201, 800 N. State St, Dover, DE 19901. The EA/IRFA is also 
accessible via the Internet at http://www.nero.noaa.gov.
    You may submit comments, identified by NOAA-NMFS-2012-0016, by any 
one of the following methods:
    <bullet> Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal www.regulations.gov. To 
submit comments via the e-Rulemaking Portal, first click the ``Submit a 
Comment'' icon, then enter ``NOAA-NMFS-2012-0016'' in the keyword 
search. Locate the document you wish to comment on from the resulting 
list and click on the ``Submit a Comment'' icon on the right of that 
line.
    <bullet> Fax: (978) 281-9135, Attn: Tobey Curtis.
    <bullet> Mail: Daniel S. Morris, Acting Regional Administrator, 
NMFS, Northeast Regional Office, 55 Great Republic Drive, Gloucester, 
MA 01930. Mark the outside of the envelope, ``Comments on Spiny Dogfish 
Specifications.''
    Instructions: Comments must be submitted by one of the above 
methods to ensure that the comments are received, documented, and 
considered by NMFS. Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered. All comments received are a part of the public 
record and will generally be posted for public viewing on 
www.regulations.gov. All personal identifying information (e.g., name, 
address, etc.) submitted voluntarily by the sender will 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). Attachments to electronic comments will be accepted 
in Microsoft Word or Excel, WordPerfect, or Adobe PDF file formats 
only.

FOR FURTHER INFORMATION CONTACT: Tobey Curtis, Fishery Policy Analyst, 
(978) 281-9273; fax: (978) 281-9135.

SUPPLEMENTARY INFORMATION: 

Background

    Spiny dogfish (Squalus acanthias) were declared overfished by NMFS 
in 1998. Consequently, the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) required NMFS to prepare measures 
to end overfishing and rebuild the spiny dogfish stock. The Mid-
Atlantic Fishery Management Council (MAFMC) and the New England Fishery 
Management Council (NEFMC) developed a joint fishery management plan 
(FMP), with the MAFMC designated as the administrative lead. The FMP 
was implemented in 2000, and the spiny dogfish stock was declared to be 
successfully rebuilt in 2010.
    The regulations implementing the FMP at 50 CFR part 648, subpart L, 
outline the process for specifying an annual catch limit (ACL), 
commercial quota, trip limit, and other management measures for a 
period of 1-5 years. 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 MAFMC's Scientific and Statistical Committee (SSC) reviews the 
best available information on the status of the spiny dogfish 
population and makes recommendations on acceptable biological catch 
(ABC). This recommendation is then used as the basis for catch limits 
and other management measures developed by the MAFMC's Spiny Dogfish 
Monitoring Committee and Joint Spiny Dogfish Committee (which includes 
members of the NEFMC). The MAFMC and NEFMC then review the 
recommendations of the committees and make their specification 
recommendations to NMFS. NMFS reviews those recommendations, and may 
modify them if necessary to ensure that they are consistent with the 
FMP and other applicable law. NMFS then publishes proposed measures for 
public comment.

Spiny Dogfish Stock Status Update

    In September 2011, the Northeast Fisheries Science Center (Center) 
updated spiny dogfish stock status, using the most recent catch data 
and biomass estimates from the 2011 spring trawl survey. Updated 
estimates indicate that the female spawning stock biomass (SSB) for 
2011 is 169,415 mt, about 6 percent above the target maximum 
sustainable yield biomass proxy (SSB<INF>max</INF>) of 159,288 mt. 
Additionally, the Center revised the fishing mortality rate (F) 
reference points that were approved by the SSC. The 2010 F estimate for 
the stock was 0.093, well below the overfishing threshold 
(F<INF>MSY</INF>) of 0.2439. Therefore, the spiny dogfish stock is not 
currently overfished or experiencing overfishing. However, while 
recruitment has increased in recent years, poor pup production from 
1997-2003 is projected to result in significant declines in SSB from 
2014-2020.
    The SSC subsequently recommended an ABC for spiny dogfish for the 
2012 fishing year. The ABC recommendation was based on an overfishing 
level of median catch at the F<INF>MSY</INF> proxy, and the Council's 
risk policy for a Level 3 assessment (probability of overfishing = 40 
percent). The resulting 2012 spiny dogfish ABC is 44.868 million lb 
(20,352 mt), which represents a 34-percent increase from the 2011 ABC.

Council Recommendations

    The Spiny Dogfish Monitoring Committee and the Atlantic States 
Marine Fisheries Commission's (Commission) Spiny Dogfish Technical 
Committee met on September 22, 2011, to determine the resulting 
specifications

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following the Annual Catch Limit (ACL) and Accountability Measures 
Omnibus Amendment process (September 29, 2011; 76 FR 60606). After 
deducting the projected Canadian catch (131,175 lb (59 mt)), the 
domestic ACL for spiny dogfish would be 44.737 million lb (20,292 mt). 
No additional deductions were recommended to account for management 
uncertainty. Following additional reductions for projections of U.S. 
discards (8.997 million lb (4,081 mt)) and recreational landings 
(46,000 lb (21 mt)), the final 2012 commercial quota for spiny dogfish 
would be 35.694 million lb (16,191 mt) (a 78-percent increase from 
2011).
    The MAFMC met October 11-13, 2011, to recommend spiny dogfish 
management measures for the 2012 fishing year. The MAFMC voted to 
recommend that the commercial quota for spiny dogfish be set at 35.694 
million lb (16,191 mt), with a daily commercial trip limit of 4,000 lb 
(1,815 kg). Both of these recommendations represent increases over the 
2011 quota (20 million lb (9,072 mt)) and trip limit (3,000 lb (1,361 
kg)).
    However, several spiny dogfish processors expressed concerns that 
the dramatic increase in quota and trip limits could lead to unstable 
market conditions (e.g., low or fluctuating prices), and may not be in 
the best long-term interests of the fishery (due to the projected 
future decline in SSB). Additionally, the increased trip limit would 
likely result in mid-season closures, rather than allowing vessels to 
land dogfish continuously throughout the fishing year.
    In response to these concerns, at its November 7-10, 2011, meeting, 
the Commission voted to implement a 30-million-lb (13,608-mt) 
commercial quota for state waters, and maintain the current 3,000-lb 
(1,361-kg) trip limit for the 2012 fishing year. Additionally, when the 
NEFMC met on November 17, 2011, it recommended a third alternative of a 
35.694-million-lb (16,191-mt) quota with a 3,000-lb (1,361-kg) trip 
limit (Table 1). NMFS must select its preferred alternative for the 
2012 spiny dogfish specifications from among the range of alternatives 
not rejected by both Councils.

            Table 1--Fishing Year 2012 Spiny Dogfish Commercial Quota and Trip Limit Recommendations
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             Alternative                      Commercial quota                        Trip limit
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MAFMC................................  35.694 million lb (16,191 mt)  4,000 lb (1,815 kg).
NEFMC................................  35.694 million lb (16,191 mt)  3,000 lb (1,361 kg).
Commission...........................  30.000 million lb (13,608 mt)  3,000 lb (1,361 kg).
Status Quo...........................  20.000 million lb (9,072 mt).  3,000 lb (1,361 kg).
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Proposed Measures

    NMFS proposes that the spiny dogfish ACL be set at 44.737 million 
lb (20,292 mt) for the 2012 fishing year. If this ACL is exceeded, the 
accountability measures described at Sec.  648.233 would be 
implemented. Additionally, NMFS has reviewed the recommendations of the 
Councils and Commission and concluded that, despite industry concerns 
about the higher quota recommendations, there is not a significant 
biological basis for a lower quota in 2012. The Councils' 
recommendations favor short-term yield over potential long-term stock 
stability, but are still not projected to result in overfishing. If 
spiny dogfish SSB declines in coming years, as projected, catch limits 
would be appropriately reduced in those years.
    Therefore, NMFS proposes to impose a commercial quota of 35.694 
million lb (16,191 mt) and to maintain the status quo trip limit of 
3,000 lb (1,361 kg) for the 2012 fishing year (consistent with the 
NEFMC recommendation). Based on the percentage allocations specified in 
the FMP, quota Period 1 (May 1 through October 31) would be allocated 
20.667 million lb (9,374 mt), and quota Period 2 (November 1 through 
April 30) would be allocated 15.027 million lb (6,816 mt). The 
significant quota increase in conjunction with the status quo trip 
limit should help avoid prolonged fishery closures, extend the fishing 
season, reduce regulatory discards, and maximize revenues for vessels 
that land spiny dogfish.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has made a preliminary determination that 
this proposed rule is consistent with the Spiny Dogfish FMP, other 
provisions of the Magnuson-Stevens Act, and other applicable law.
    The MAFMC prepared an IRFA, 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 of 
the preamble and in the SUMMARY of this proposed rule. A summary of the 
IRFA follows. A copy of this analysis is available from the MAFMC (see 
ADDRESSES).
    The Small Business Administration (SBA) considers commercial 
fishing entities (NAICS code 114111) to be small entities if they have 
no more than $4 million in annual sales, while the size standard for 
charter/party operators (part of NAICS code 487210) is $7 million in 
sales. All of the entities (fishing vessels) affected by this action 
are considered small entities under the SBA size standards for small 
fishing businesses. Although multiple vessels may be owned by a single 
owner, ownership tracking is not readily available to reliably 
ascertain affiliated entities. Therefore, for the purposes of this 
analysis, each permitted vessel is treated as a single small entity and 
is determined to be a small entity under the RFA. Accordingly, there 
are no differential impacts between large and small entities under this 
rule. Information on costs in the fishery is not readily available, and 
individual vessel profitability cannot be determined directly; 
therefore, expected changes in gross revenues were used as a proxy for 
profitability.
    This action does not introduce any new reporting, recordkeeping, or 
other compliance requirements. This proposed rule does not duplicate, 
overlap, or conflict with other Federal rules.

Description and Estimate of Number of Small Entities to Which the Rule 
Would Apply

    The proposed increase in the spiny dogfish commercial quota would 
impact vessels that hold Federal open access commercial spiny dogfish 
permits, and participate in the spiny dogfish fishery. According to 
MAFMC's analysis, 2,942 vessels were issued spiny dogfish permits in 
2010. However, only 326 vessels landed any amount of spiny dogfish. 
While the fishery extends from Maine to North Carolina, most active 
vessels were from (in descending order)

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Massachusetts, New Jersey, New Hampshire, Rhode Island, New York, North 
Carolina, and Virginia.

Economic Impacts of the Proposed Action Compared to Significant Non-
Selected Alternatives

    The alternatives considered and analyzed by the Councils are 
summarized in Table 1 above. The proposed action reflects the 
recommendation of the NEFMC. The purpose of the proposed action is to 
increase spiny dogfish catch limits and landings, consistent with the 
best available science, thereby extending the duration of the fishing 
season and increasing revenue relative to the status quo. The proposed 
action is expected to maximize the short-term profitability for the 
spiny dogfish fishery during the 2012 fishing year, without 
jeopardizing the long-term sustainability of the stock. Therefore, the 
economic impacts resulting from the proposed action as compared to the 
other alternatives are positive.
    The proposed action is almost certain to result in greater revenue 
from spiny dogfish landings, which would be up to 78 percent higher 
than the status quo quota. Based on recent landings information, the 
spiny dogfish fishery is able to land close to the full amount of fish 
allowable under the quotas. Total spiny dogfish revenue from the 2010 
fishing year was approximately $3.119 million. Assuming the 2010 
average price ($0.21 per lb), landing the proposed quota of 35.694 
million lb (16,191 mt) would result in revenues of approximately $7.655 
million in 2012. The Commission's quota alternative of 30 million lb 
(13,608 mt) would result in revenues of approximately $6.434 million, 
which is also an increase over the Status Quo/No Action alternative of 
approximately $4.289 million in revenue. The expected increases in 
spiny dogfish revenue should benefit those ports that are more heavily 
dependent on spiny dogfish revenue than other communities, including 
Virginia Beach, Virginia; Hatteras, North Carolina; Rye, New Hampshire; 
Chatham, Massachusetts; and Ocean City, Maryland.
    The proposed commercial trip limit of 3,000 lb (1,361 kg) is equal 
to the Status Quo/No Action alternative trip limit, and should 
therefore have no additional economic impacts. The MAFMC's alternative 
with a 4,000-lb (1,815-kg) trip limit could result in greater short-
term revenue per trip, but result in a shorter fishing season due to 
fishery closures once the quota was reached. Therefore, the proposed 
trip limit is expected to prolong the fishing season and the positive 
impacts to communities over the course of the fishing year.

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

    Dated: March 13, 2012.
Alan D. Risenhoover,
Action Deputy Assistant Administrator For Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 2012-6576 Filed 3-16-12; 8:45 am]
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