Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Rules and Regulations 49617 

Therefore, a regulatory flexibility 

analysis was not prepared. 

Paperwork Reduction Act 

This action does not require the 

collection of information. 

Executive Order 13132 

This action does not contain policies 

with federalism implications under E.O. 

13132. 

Executive Order 12898, Section 4–4, 

Subsistence Consumption of Fish and 

Wildlife. 

Section 4–4, Executive Order 12898, 

requires Federal agencies to protect 

populations who consume fish and 

wildlife as part of their subsistence 

lifestyle, and to communicate to the 

public the potential health risks [from 

contaminants] involved as a result of 

eating fish and wildlife. NMFS has 

monitored and evaluated contaminant 

loads in northern fur seals in Alaska for 

nearly a decade and has reported this 

information to the Alaska Department of 

Health and Social Service, and to Alaska 

Native communities, as this information 

becomes available. 

Executive Order 13175 

Executive Order 13175 of November 

6, 2000 (25 U.S.C. 450 Note), the 

executive Memorandum of April 29, 

1994 (25 U.S.C. 450 note), and the 

American Indian Native Policy of the 

U.S. Department of Commerce (March 

30, 1995) outline the responsibilities of 

the National Marine Fisheries Service in 

matters affecting tribal interests. Section 

161 of Public Law 108–100 (188 Stat. 

452) as amended by section 518 of 

Public Law 108–447 (118 Stat. 3267), 

extends the consultation requirements 

of E.O. 13175 to Alaska Native 

corporations. NMFS has contacted the 

tribal governments of St. Paul and St. 

George Islands and their respective local 

Native corporations (Tanadgusix and 

Tanaq) about setting the next three years 

harvest estimates and received their 

input. NMFS signed cooperative 

agreements with the tribal governments 

of St. Paul Island in 2000 and with St. 

George Island in 2001 pursuant to 

section 119 of the MMPA. 

Dated: August 18, 2008. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. E8–19584 Filed 8–21–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 060418103–6181–02] 

RIN 0648–XJ82 

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: 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 semiannual quota period, May 1, 2008 - 

October 31, 2008, has been harvested. 

Therefore, effective 0001 hours, August 

20, 2008, federally permitted spiny 

dofish vessels may not fish for, possess, 

transfer, or land spiny dogfish until 

November 1, 2008, 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: Quota Period 1 for the spiny 

dogfish fishery is closed effective at 

0001 hr local time, August 20, 2008, 

through 2400 hr local time October 31, 

2008. Effective August 20, 2008, 

federally permitted dealers are also 

advised that they may not purchase 

spiny dogfish from federally permitted 

spiny dogfish vessels. 

FOR FURTHER INFORMATION CONTACT: Don 

Frei, Fisheries Management Specialist, 

at (978) 281–9221, or 

Don.Frei@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the spiny dogfish 

fishery are found at 50 CFR part 648. 

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 commercial quota is 

distributed to the coastal states from 

Maine through Florida, as described in 

§ 648.230. 

The initial total commercial quota for 

spiny dogfish for the 2008 fishing year 

is 4 million lb (1.81 million kg) (71 FR 

40436, July 17, 2006). The commercial 

quota is allocated into two periods (May 

1 through October 31, and November 1 

through April 30). Vessel possession 

limits are intended to preclude directed 

fishing, and they are set at 600 lb (272 

kg) for both Quota Periods 1 and 2. 

Quota Period 1 is allocated 2.3 million 

lb (1.05 million kg)), and Quota Period 

2 is allocated 1.7 million lb (763,849 kg) 

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 20, 2008, 

landings of spiny dogfish in coastal 

states from Maine through Florida by 

vessels holding commercial Federal 

fisheries permits are prohibited through 

October 31, 2008, 2400 hr local time. 

The 2008 Period 2 quota will be 

available for commercial spiny dogfish 

harvest on November 1, 2008. Effective 

August 20, 2008, 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. 

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


yshivers on PROD1PC62 with RULES
49618 Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Rules and Regulations 

Dated: August 18, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–19426 Filed 8–18–08; 4:15 pm] 

BILLING CODE 3510–22–S′ 


yshivers on PROD1PC62 with RULES