Federal Register / Vol. 77, No. 53 / Monday, March 19, 2012 / Proposed Rules 15991 

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. 

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: 

• 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. 

• Fax: (978) 281–9135, Attn: Tobey 

Curtis. 

• 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 MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act) required NMFS to prepare 

measures to end overfishing and rebuild 

the spiny dogfish stock. The MidAtlantic 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 semiannual 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 (SSBmax) 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 (FMSY) 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 FMSY 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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15992 Federal Register / Vol. 77, No. 53 / Monday, March 19, 2012 / Proposed Rules 

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 longterm 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

Alternative Commercial quota Trip limit 

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). 

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 § 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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Federal Register / Vol. 77, No. 53 / Monday, March 19, 2012 / Proposed Rules 15993 

Massachusetts, New Jersey, New 

Hampshire, Rhode Island, New York, 

North Carolina, and Virginia. 

Economic Impacts of the Proposed 

Action Compared to Significant NonSelected 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 shortterm 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] 

BILLING CODE 3510–22–P 


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