Federal Register / Vol. 66, No. 87 / Friday, May 4, 2001 / Rules and Regulations 22473

(5) Groundfish taken with troll gear by

vessels engaged in fishing for salmon

north of 40° 10′ N. lat.(a) The

cumulative limit for yellowtail rockfish

in the open access fishery is 100 lb (45

kg) per month. If a vessel has reached

its 100 lb (45 kg) yellowtail cumulative

limit, up to 200 lb (91 kg) per month of

additional yellowtail rockfish may be

taken and retained, possessed or landed,

providing the following conditions are

met: in any trip in which salmon troll

gear, as defined at 50 CFR 660.402, is

used to take and land yellowtail

rockfish and, no more than one lb (.45

kg) of yellowtail rockfish (round weight)

is landed for every two lbs (.91 kg) of

salmon landed (dressed weight).

Dressed weight for purposes of this

paragraph is the weight of salmon that

is recorded on the State fish ticket and

is salmon with the entrails removed,

from which the head and gills may or

may not have been removed.

(b) The trip limits in Table 5 apply to

all other groundfish taken with troll gear

by vessels fishing for salmon.

* * * * *

Classification

These actions are authorized by the

regulations implementing the FMP and

the annual specifications and

management measures published at 66

FR 2369 (January 11, 2001) and are

based on the most recent data available.

NMFS finds good cause to waive the

requirement to provide prior notice and

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

cumulative limit period begins on May

1, 2001, 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.

Increases to trip limits relieve burdens

on the public and decreases to trip

limits must be implemented in a timely

manner to stretch the season as long as

possible through the year. In addition,

the affected public had the opportunity

to comment on these actions at the April

2–6, 2001 Council meeting. This action

should be implemented before the

beginning of the cumulative trip limit

period to avoid confusion and to

provide fishers the opportunity to

achieve the trip limits. For these

reasons, good cause also exists to waive

the 30-day delay in effectiveness under

5 U.S.C. 553(d)(3).

These actions are taken under the

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

are exempt from review under Executive

Order 12866.

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

Dated: April 30, 2001.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 01–11297 Filed 5–1–01; 4:48 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 010319071–1103–02; I.D.

030101H]

RIN 0648–AN71

Fisheries of the Northeastern United

States; Spiny Dogfish Fishery; 2001

Specifications

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule; final specifications.

SUMMARY: NMFS issues final

specifications for the 2001 spiny dogfish

fishery (May 1, 2001, through April 30,

2002). This final rule establishes a

commercial quota and possession limits

for the 2001 fishing year to address

overfishing of the spiny dogfish

resource. In addition, the current trip

limits are modified to be possession

limits, specified as the maximum

amount allowed to be landed within any

one 24-hour period (per-calendar-day

possession limit). The intent of this

action is to comply with implementing

regulations for the Fishery Management

Plan for the Spiny Dogfish Fishery

(FMP), which require NMFS to impose

measures for each upcoming fishing

year that will prevent overfishing of this

fishery.

DATES: The 2001 annual commercial

quota is effective from May 1, 2001, to

April 30, 2002. The amendments to

§§ 648.14(aa)(7), 648.230(d)(1),

648.235(a), and 648.235(b) are effective

May 1, 2001.

ADDRESSES: Copies of supporting

documents used by the Spiny Dogfish

Monitoring Committee (Monitoring

Committee), the Regulatory Impact

Review (RIR), the Final Regulatory

Flexibility Analysis (FRFA) contained

within the RIR, and the Environmental

Assessment (EA) are available from the

Northeast Regional Office, National

Marine Fisheries Service, One

Blackburn Drive, Gloucester, MA

01930–2298. The EA/RIR/FRFA is also

accessible via the Internet at http:/

www.nero.gov/ro/doc/nr.htm.

FOR FURTHER INFORMATION CONTACT:

Richard A. Pearson, Fishery Policy

Analyst, (978)281–9279, fax (978)281–

9135, e-mail rick.a.pearson@noaa.gov.

SUPPLEMENTARY INFORMATION: A

proposed rule for this action was

published in the Federal Register on

March 30, 2001, (66 FR 17391). The

comment period closed on April 14,

2001.

Background

The FMP was developed jointly by

the Mid-Atlantic Fishery Management

Council (MAFMC) and the New England

Fishery Management Council (NEFMC)

(Councils). The implementing

regulations for the FMP are found at 50

CFR part 648, subpart L.

Pursuant to 50 CFR 648.230, the

Administrator, Northeast Region, NMFS

(Regional Administrator), imposes

measures for each fishing year designed

to ensure that the target fishing

mortality rate (F) for the fishing year, as

specified in the FMP, is not exceeded.

The target F for fishing year 2001 and

the management measures (i.e., semiannual commercial quota and

possession limits) for that year are

summarized here. Detailed background

information regarding the development

of the specifications for the 2001 spiny

dogfish fishing year was provided in the

preamble to the proposed specifications

(66 FR 17391, March 30, 2001) and is

not repeated here.

Annual Commercial Quota

The FMP specifies a target F of 0.03

for 2001, to be attained through a

commercial quota and possibly other

management measures. This final rule

establishes a 2001 fishing year

commercial quota of 4 million lb (1.81

million kg), allocated on a semi-annual

basis as follows: Quota Period 1 (May 1-

October 31) is allocated 57.9 percent of

the 4-million lb (1.81-million kg) quota,

or 2,316,000 lb (1,050,512 kg); Quota

Period 2 (November 1-April 30) is

allocated 42.1 percent of the 4-million

lb (1.81-million kg) quota, or 1,684,000

lb (763,849 kg). This commercial quota

was recommended by the Spiny Dogfish

Monitoring Committee (Monitoring

Committee) to achieve the target F of

0.03, as required in the FMP for the

2001 fishing year. Although the

Monitoring Committee and the Councils

also recommended that an additional

500,000 lb (226,796 kg) be allocated for

experimental fishing projects, the FMP

and its implementing regulations do not

contain a provision to allow for the

allocation of such a set-aside quota for

22474 Federal Register / Vol. 66, No. 87 / Friday, May 4, 2001 / Rules and Regulations

experimental fishing projects. It was

only through interim action by the

Secretary of Commerce that such a

provision was possible for the 2000

fishing year. Therefore, an additional

quota set-aside for experimental fishing

projects for 2001 is not contained in this

final rule.

Possession Limits

The Councils differed in their

possession limit recommendations.

During the rebuilding period, the

objective of the FMP is to rebuild the

mature female component of the spiny

dogfish stock to prevent possible

recruitment failure. This portion of the

stock, which is the primary spawning

biomass of the stock, has traditionally

been targeted by the directed spiny

dogfish fishery and, consequently, is

most in need of protection and

rebuilding. In order to discourage

directed fishing for spiny dogfish and to

allow dogfish caught incidentally in

other fisheries to be landed for the

entire quota period, the MAFMC

recommended per-calendar-day

possession limits of 600 lb (272 kg) for

Quota Period 1, and 300 lb (136 kg) for

Quota Period 2. The NEFMC, however,

recommended a per-calendar-day

possession limit of 5,000 lb (2,268 kg)

for both quota periods.

A possession limit of 5,000 lb (2,268

kg) could facilitate a directed fishery for

spiny dogfish. NMFS believes that a

directed fishery is not advisable because

that fishery has traditionally targeted

mature females, due to their larger size

and higher value. The primary objective

of the FMP is to rebuild the mature

female component of the population. In

fact, both the disapproved rebuilding

target recommended by the Councils

and the rebuilding target supported by

the Spiny Dogfish Technical Committee

are based upon attaining a specified

level of abundance of adult female spiny

dogfish. To establish possession limits

through these specifications at levels

that facilitate a directed fishery on adult

female spiny dogfish would be

counterproductive. Therefore, this final

rule establishes per-calendar-day

possession limits of 600 lb (272 kg) and

300 lb (136 kg) for Quota Period 1 and

Quota Period 2, respectively, to allow

for the retention of spiny dogfish caught

incidentally in fisheries for other

species throughout the entire fishing

year, and to provide protection for adult

female spiny dogfish.

This final rule also changes the

current landing limits. The landing

limits are changed to be the maximum

amount of spiny dogfish that may be

possessed on board and landed in any

1 calendar day. The intent of this

change is to enhance at-sea enforcement

and to prohibit multiple landings of

spiny dogfish in any 1 day. This change

is consistent with recent changes in the

landing limits for several other MidAtlantic fisheries (Loligo squid, scup,

and black sea bass).

Comments and Responses

Two comment letters were submitted

to NMFS during the comment period for

the proposed rule. One was submitted

on behalf of a commercial fishing

industry association and the other on

behalf of two conservation

organizations. These letters addressed

two main points: The level of the

commercial quota, and the 500,000-lb

(2,268-kg) quota set-aside for

experimental fisheries.

NMFS considered all comments

received during the comment period in

making its decision regarding the final

specifications and summarizes and

responds to these comments here.

Comment 1: One commenter stated

that the level of the proposed

commercial quota was too low because

it was based upon a fishing mortality

rate target (F=0.03) that is intended to

achieve what the commenter believes to

be an inappropriate biomass rebuilding

target. The commenter stated that the

current biomass rebuilding target is

incorrect and that NMFS has rejected

other more flexible alternatives

proposed by the Councils (167,000 mt in

2000; 180,000 mt in 1999). Further, the

commenter believes that achievement of

the rebuilding target in the FMP will

ultimately result in a record high total

level of abundance of spiny dogfish.

Response: The quota of 4.0 million lb

(1.81 million kg) will achieve F=0.03 for

the 2001 fishing year, as required by the

FMP, and as recommended by the

Monitoring Committee. A higher quota

would be inconsistent with the FMP’s

approved rebuilding strategy and,

therefore, cannot be implemented by

NMFS.

Although the rebuilding strategy

contained in the FMP has been

approved, the FMP does not currently

have an approved biomass rebuilding

target. An adult female biomass

rebuilding target of 200,000 mt

(SSBmax) was determined by the

Council’s Joint Scientific and Statistical

Committee on January 19, 1999, to be

the most appropriate value for Bmsy

(the biomass that achieves maximum

sustainable yield), based on current

information. The Magnuson-Stevens

Fishery Conservation and Management

Act (Magnuson-Stevens Act) requires

rebuilding of overfished stocks to a level

that will achieve maximum sustainable

yield, based upon the best available

information. Therefore, NMFS could not

approve the adult female biomass

rebuilding target of 180,000 mt that was

recommended in the original

submission of the FMP by the Councils.

The Councils must, in the near future,

develop an amendment to the FMP to

establish an acceptable biomass

rebuilding target for spiny dogfish.

Some technical work has been done to

advance the discussion of this issue.

With regard to the commenter’s

assertion that the Agency rejected an

adult female biomass rebuilding target

of 167,000 mt, the Council has not

submitted such a recommendation to

the agency. The 167,000-mt biomass

rebuilding target was considered by the

Spiny Dogfish Technical Committee as

an adjusted figure that could reflect a

hypothesized increase in the area

covered by the NEFSC survey trawl, as

described at the March 6, 2000, meeting

of the Spiny Dogfish Technical

Committee. However, the Councils have

not yet determined if or how they will

utilize this information. As a result, no

new additional alternatives have been

recommended for further action.

NMFS noted in the final rule that

implemented the FMP (65 FR 1557,

January 11, 2000) that it considered

fully the concern that a 200,000-mt

adult female biomass rebuilding target

would result in a historically high total

level of abundance of spiny dogfish (see

Comment 22). In summary, the current

spiny dogfish age structure has been

seriously distorted by the selective

removal of mature females by the

fishery. The management measures in

the FMP, including the commercial

quota, reduce fishing mortality rates to

allow the total population to return to

equilibrium at a lower level of

abundance than that observed in 1999.

The preliminary projections in the FMP

indicated that the total long-term

biomass of a sustainable dogfish fishery

would be about 416,000 mt, which is

lower than the total 1999 biomass of

515,513 mt.

Comment 2: One commenter

supported a commercial quota of no

more than 4 million lb (1.81 million kg),

but asserted that a 3-million lb (1.36

million kg) quota would be more

appropriate, given the scientific advice

and rebuilding strategy outlined in the

FMP.

Response: The quota of 4.0 million lb

(1.81 million kg) that NMFS is

establishing through these final

specifications is consistent with the

objective to achieve F=0.03 for the 2001

fishing year, as required by the FMP,

and as recommended by the Monitoring

Committee. The Monitoring Committee

initially calculated the yield projection

Federal Register / Vol. 66, No. 87 / Friday, May 4, 2001 / Rules and Regulations 22475

at F=0.03 for 2001 to be about 3.5

million lb (1.59 million kg) using a

mean estimated population size. After

considering the uncertainty and

variability in the population estimates

for spiny dogfish that were previously

described in the interim final rule (65

FR 25887, May 4, 2000), the Monitoring

Committee recommended a commercial

quota of 4 million lb (1.81 million kg).

Comment 3: One commenter urged

NMFS to establish a 500,000-lb (2,268-

kg) quota set-aside for experimental

fishing projects. The commenter

indicated that a failure to do so would

delay the collection of additional

management and scientific information

and delay efforts by the fishing industry

to devise gear and fishing modifications

to harvest male spiny dogfish

exclusively.

Another commenter opposed the

establishment of a quota set-aside for

experimental projects. The commenter

mentioned that no projects were

submitted during the 2000 fishing year,

so justification for the additional

allocation this year is lacking. The

commenter wrote that any quota setaside should be deducted from the

overall 4-million lb (1.81 million kg)

commercial quota.

Response: Although no proposals

were received in 2000 when the

provision was included as part of the

interim rule, industry members have

expressed some interest in investigating

alternative fishing methods for maleonly dogfish fisheries. A limited

experimental fishery was conducted for

this purpose in North Carolina state

waters. Both Councils proposed that

NMFS should allow for a set-aside quota

for 2001 and they analyzed the set-aside

quota in their submission. However,

there is currently no provision in the

FMP to allow the establishment of a setaside quota. The set-aside quota could

be implemented through an amendment

to the FMP if the Councils decide to

pursue this measure.

Changes From the Proposed Rule

The final rule contains a provision not

contained in the proposed rule. The

final rule revises § 648.230(d)(1) to

correct a one-day error in the length of

the first allocation period to extend it

through October 31 rather than through

October 30.

Classification

This final rule has been determined to

be not significant for purposes of

Executive Order 12866.

This action establishes annual quotas

and related management measures for

the spiny dogfish fishery, which are

used to control the harvest of spiny

dogfish and to restrict landings when

quotas are attained. This action must be

taken immediately upon the start of the

2001 fishing year on May 1, 2001, to

conserve this resource. It would be

impracticable to delay implementation

of the quota provisions, because doing

so would prevent NMFS from carrying

out its mandate to prevent overfishing of

the spiny dogfish resource. Therefore,

there is good cause under 5 U.S.C.

553(d)(3) to waive the 30-day delayed

effectiveness period for the

implementation of the 2001 spiny

dogfish quotas and related management

measures, including the possession

limit restrictions, which are needed to

enforce effectively the possession limits.

With respect to the change to

§ 648.230(d)(1), which merely corrects a

one-day error in the length of the first

allocation period, a delay in effective

date is unnecessary given that the oneday extension occurs six months from

May 1.

NMFS and the MAFMC prepared a

FRFA for this action. A copy of the

FRFA is available from the Regional

Administrator (see ADDRESSES). The

preamble to the proposed specifications

included a detailed summary of the

analyses contained in the IRFA, which

is not repeated here. A summary of the

FRFA focusing upon the impacts of the

final measures follows:

A description of the reasons why this

action is being taken by the agency and

the objectives of this final rule are

explained in the preambles to the

proposed rule and this final rule. This

action does not contain any collectionof-information, reporting,

recordkeeping, or other compliance

requirements. It does not duplicate,

overlap, or conflict with any other

Federal rules. There are no compliance

costs associated with this final rule.

Public Comments

There were no comments received in

reference to the Initial Regulatory

Flexibility Analysis (IRFA) description

of the expected impacts of the proposed

regulations on small entities.

Number of Small Entities

These measures potentially impact a

total of 596 vessels that reported (based

on vessel trip report data) spiny dogfish

landings to NMFS in 1999. However,

any of the 2,759 vessels that obtained

Federal spiny dogfish permits could

potentially be affected by the proposed

measures. Data for individual vessels

were not available from the 2000 fishing

year at the time of analysis.

Minimizing Significant Economic

Impact on Small Entities

In the IRFA, NMFS analyzed three

alternatives. The MAFMC alternative

(Alternative 1) included a commercial

quota of 4 million lb (1,814 mt);

possession limits of 600 lb (272 kg)

during Quota Period 1 and 300 lb (136

kg) during Quota Period 2; and a

500,000-lb (2,268-kg) experimental

fishery quota. The NEFMC alternative

(Alternative 2) included a commercial

quota of 4 million lb (1,814 mt); a

possession limit of 5,000 lb (2,268 kg)

for both quota periods; and a 500,000-

lb (2,268-kg) experimental quota.

Alternative 3 was no management

action.

In this final rule, NMFS is

implementing Alternative 1, without the

500,000-lb (2,268-kg) experimental

quota set-aside. This final rule also

modifies the trip limits to be possession

limits, with the additional provision

that these levels are the maximum

amount that may be landed in any

single calendar day. Although the spiny

dogfish quota set-aside of 500,000 lb

(2,268 kg) for experimental fisheries was

analyzed under the three alternatives in

the IRFA by the Councils, there is no

authority under the FMP to make such

an allocation.

The modification of the trip limits to

possession limits and the requirement

that these levels be set at the maximum

amount that may be landed in 1

calendar day will enhance at-sea

enforcement by prohibiting possession

of spiny dogfish on board a vessel in

excess of the specified levels, rather

than simply prohibiting landings in

excess of the specified levels.

Prohibiting multiple landings of spiny

dogfish in 1 day will prevent vessels

from landing excessive amounts when

spiny dogfish are in nearshore areas.

These changes are necessary to adhere

to the original intent of the trip limits

and to ensure that the conservation

objectives of the management measures

are not compromised. They are not

expected to result in any significant

economic impacts or differential

impacts on small entities. Such

measures should provide fair and equal

access of vessels to the spiny dogfish

quota.

The measures implemented by this

final rule are intended to minimize

economic impacts on small entities

while achieving the conservation goals

and objectives of the FMP and the

Magnuson-Stevens Act. The potential

change in overall revenues under the 4-

million lb (1,814-mt) quota was

evaluated relative to landings and

revenues derived during the 2000

22476 Federal Register / Vol. 66, No. 87 / Friday, May 4, 2001 / Rules and Regulations

fishing year (6.7 million lb (3,039 mt) of

landings, valued at $1,072 million). The

analysis assumed that the revenues of

the 596 vessels that landed spiny

dogfish in 1999 would be reduced

proportionately by the measures to be

implemented by this final rule for the

2001 fishing year. The reduction in

overall gross revenues to vessels was

estimated to be about $432,000, or about

$725 per vessel, compared to the 2000

fishing year. Of the 596 vessels, 36

would be expected to experience a

reduction in total gross revenues (all

species combined) of more than 5

percent as a result of the 2.7-million lb

(1,224-mt) reduction from actual 2000

fishing year landings. This represents 6

percent of the vessels that landed spiny

dogfish in 1999. The remaining 560

vessels would be expected to experience

a reduction in total gross revenues of

less than 5 percent. Although revenues

would increase in the short-term

without a commercial quota (status-quo,

no-action alternative) as compared to

year 2000 spiny dogfish landings, longterm revenues from an unregulated

fishery would continuously decline as

the stock size is further reduced, due to

continued overfishing.

Under the possession limits

implemented through this final rule, it

is projected that landings in Quota

Period 1 may reach the semi-annual

quota allocation (2,316,000 lb (1,050

mt)) before the close of Quota Period 1

on about July 24, 2001 (128 days into

the quota period) and that landings

during Quota Period 2 would not

achieve the full semi-annual quota

allocation (1,684,000 lb (764 mt)) by the

end of Quota Period 2 on April 30, 2002.

Therefore, landings for the entire 2001

fishing year are projected to reach only

2,930,663 lb (1,329 mt) of the entire 4-

million lb (1,814-mt) annual quota. This

translates to a reduction in spiny

dogfish trips of 21 percent for Quota

Period 1 and no reduction in the

amount of trips for Quota Period 2. The

analysis assumed that trips would be

eliminated to the extent that the

possession limits on spiny dogfish make

those trips unprofitable. However, the

analysis did not account for behavioral

changes by vessel operators, which

could impact the amount of landings.

These changes could not be analyzed.

Also, since vessels without Federal

permits (i.e., state-permitted vessels) are

not captured in the analysis, additional

landings are likely to occur.

The possession limits implemented

by this final rule were preferable to the

status quo alternative (no possession

limits) and the possession limit

recommendation under Alternative 2

(5,000 lb (2,268 kg) for both quota

periods) because they achieve

conservation benefits consistent with

the objectives of the FMP and with the

Magnuson-Stevens Act, and provide

economic relief to small entities by

allowing landings of incidentally caught

spiny dogfish for the entire fishing year,

thereby possibly reducing discards. The

other two alternatives did not achieve

the conservation objectives of the FMP

and the Magnuson-Stevens Act, or, in

the case of Alternative 2, would

encourage a short, derby-style fishery

lasting approximately 41 days per quota

period, after which all landings of spiny

dogfish would be prohibited.

The impact of the final specifications

for the 2001 fishing year will be greatest

in Massachusetts, North Carolina,

Maryland, Maine, and New Jersey,

which accounted cumulatively for 90

percent of spiny dogfish landings from

1988 through 1997. The communities of

Wachapreague, VA, Plymouth, MA, and

Scituate, MA, have benefitted from

dogfish landings that made up 76

percent, 74 percent, and 21 percent,

respectively, of the value of all landed

fish, based on 1997 NMFS landings

data. Because these communities have

recently derived a relatively high

percentage of their fishing income from

spiny dogfish, they will be most

impacted by the commercial quota and

possession limits in the final

specifications. These impacts were also

experienced in the 2000 fishing year.

Two of these communities, Plymouth

and Scituate, MA, are suburban areas of

a large city (Boston) and are

substantially engaged in the businesses

of the metropolitan area. The other

community, Wachapreague, VA, has

significant fishing activities, but also

attracts retirees and tourism, and is

substantially dependent on these two

sectors for economic activity. The

analysis also concludes that small

vessels (25 to 49 ft (7.6 to 14.9 m))

constitute 91 percent of affected vessels

(those vessels experiencing a reduction

in revenues of greater than 5 percent)

under a 4-million lb (1,814-mt)

commercial quota. 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

allowing a directed fishery in the short

term.

A formal section 7 consultation under

the Endangered Species Act (ESA) was

reinitiated for the FMP by NMFS on

May 4, 2000, as a result of recent

entanglements of endangered and

threatened marine mammals and sea

turtles to determine whether this fishery

jeopardizes ESA-listed species. In a

biological opinion dated August 13,

1999, the Assistant Administrator for

Fisheries, NOAA, determined that

fishing activities conducted under the

FMP and its implementing regulations

may adversely affect but are not likely

to jeopardize the continued existence of

any endangered or threatened species

under the jurisdiction of NMFS or result

in the destruction or adverse

modification of right whale critical

habitat. For endangered whales, this

conclusion assumed the Atlantic Large

Whale Take Reduction Plan, as

implemented, would be effective at

reducing incidental mortality and

serious injury of the whales to

insignificant levels approaching zero

mortality and serious injury rate.

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Reporting and

recordkeeping requirements.

Dated: April 30, 2001.

John Oliver,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out 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) Possess more than the possessi/on

limit of spiny dogfish specified under

§ 648.235. The possession limit is the

maximum amount that may be landed

in any 1 calendar day.

* * * * *

3. In § 648.230, paragraph (d)(1) is

revised to read as follows:

§ 648.230 Catch quotas and other

restrictions.

* * * * *

(d) * * *

(1) The annual quota specified

according to the process outlined in

paragraph (a) of this section shall be

allocated between two semi-annual

quota periods as follows: May 1 through

October 31 (57.9 percent) and November

1 through April 30 (42.1 percent).

* * * * *

4. Section 648.235 is added to read as

follows:

Federal Register / Vol. 66, No. 87 / Friday, May 4, 2001 / Rules and Regulations 22477

§ 648.235 Possession and landing

restrictions.

(a) Quota Period 1. From May through

October 31, vessels issued a valid

Federal spiny dogfish permit specified

under § 648.4(a)(11) may:

(1) Possess up to 600 lb (272 kg) of

spiny dogfish per trip; and

(2) Land only one trip of spiny

dogfish per calendar day.

(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:

(1) Possess up to 300 lb (136 kg) of

spiny dogfish per trip; and

(2) Land only one trip of spiny

dogfish per calendar day.

[FR Doc. 01–11160 Filed 4–30–01; 4:55 pm]

BILLING CODE 3510–22–S