        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 648
        [Docket No. 090206149-9302-01]
        RIN 0648-AX57
        Fisheries of the Northeastern United States; Proposed 2009 Specifications for the Spiny Dogfish Fishery

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

          ACTION:
          Proposed rule; request for comments.

          SUMMARY:
          NMFS proposes specifications for the spiny dogfish fishery for the 2009 fishing year (FY) (May 1, 2009, through April 30, 2010). The implementing regulations for the Spiny Dogfish Fishery Management Plan (FMP) require NMFS to publish specifications for up to a period of 5 years and to provide an opportunity for public comment. The intent of this rulemaking is to specify the commercial quota and other management measures, such as possession limits, to rebuild the spiny dogfish resource. NMFS proposes that the annual quota be set at 12 million lb (5,443.11 mt), and that the possession limits for dogfish be set at 3,000 lb (1.36 mt).

          DATES:
          Public comments must be received no later than 5 p.m. eastern standard time on April 3, 2009.

          ADDRESSES:
          You may submit comments, identified by RIN 0648-AX57, by any one of the following methods:
          • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal http://www.regulations.gov

          • Fax: 978-281-9135, Attn: Jamie Goen
          • Mail: Patricia A. Kurkul, Regional Administrator, NMFS, Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope: “Comments on 2009 Dogfish Spex.”

            Instructions: All comments received are a part of the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may 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). You may submit attachments to electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.

          Copies of supporting documents used by the Mid-Atlantic Fishery Management Council (Council), including the Environmental Assessment (EA) and Regulatory Impact Review (RIR)/Initial Regulatory Flexibility Analysis (IRFA), are available from: Daniel T. Furlong, Executive Director, Mid-Atlantic Fishery Management Council, Room 2115, Federal Building, 300 South New Street, Dover, DE 19904-6790. The EA/RIR/IRFA is also accessible via the Internet at http://www.nero.noaa.gov.

          FOR FURTHER INFORMATION CONTACT:
          Jamie Goen, Fishery Policy Analyst, phone: 978-281-9220, fax: 978-281-9135.

        SUPPLEMENTARY INFORMATION:

        Spiny dogfish were declared overfished by NMFS on April 3, 1998, and added to that year's list of overfished stocks in the Report on the Status of the Fisheries of the United States, prepared pursuant to section 304 of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Consequently, the Magnuson-Stevens Act required the preparation of measures to end overfishing and to rebuild the spiny dogfish stock. A joint FMP was developed by the Mid-Atlantic and New England Fishery Management Councils (Councils) during 1998 and 1999. The Mid-Atlantic Fishery Management Council (MAFMC) was designated as the administrative lead on the FMP.
        The regulations implementing the FMP at 50 CFR part 648, subpart L, outline the process for specifying the commercial quota and other management measures (e.g., minimum or maximum fish sizes, seasons, mesh size restrictions, possession limits, and other gear restrictions) necessary to assure that the target fishing mortality rate (target F) specified in the FMP will not be exceeded in any fishing year (May 1 April 30), for a period of 1 5 fishing years. The annual quota is allocated between 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 Spiny Dogfish Monitoring Committee (Monitoring Committee), comprised of representatives from states; MAFMC staff; New England Fishery Management Council (NEFMC) staff; NMFS staff; academia; and two non-voting, ex-officio industry representatives (one each from the MAFMC and NEFMC regions) is required to review the best available information and to recommend a commercial quota and other management measures necessary to achieve the target F for the 1-5 fishing years. The Council's Joint Spiny Dogfish Committee (Joint Committee) then considers the Monitoring Committee's recommendations and any public comment in making its recommendation to the two Councils. Afterwards, the MAFMC and the NEFMC make their recommendations to NMFS. NMFS reviews those recommendations to assure they are consistent with the FMP, and may modify them if necessary. NMFS then publishes proposed measures for public comment.
        Spiny Dogfish Stock Status Update
        In the fall of 2008, the NMFS Northeast Fisheries Science Center (NEFSC) updated the spiny dogfish stock status using the model from the 43rd Stock Assessment Review Committee (SARC), 2007 catch data, and results from the 2008 trawl survey. The stock status update estimated that the spiny dogfish female spawning stock biomass (SSB) is likely to be above the most recently calculated maximum sustainable yield biomass (Bmsy), which would indicate the stock is not overfished and could be considered rebuilt. However, there is no Bmsy target in the FMP because NMFS disapproved the Councils' recommended biomass target (90% SSBmax) during the review of the FMP. Framework Adjustment 2 to the FMP has been submitted for review and, if approved, would incorporate updated biological reference points after the next benchmark stock assessment results from the Transboundary Resource Assessment Committee (TRAC) are available in late 2009.
        The NEFSC stock status update also estimated that overfishing is not occurring. Total removals in 2007 were approximately 12,136 mt (26.755 M lb), corresponding to an F estimate of 0.1104, well below the overfishing threshold of F = 0.39 and essentially equivalent to Frebuild = 0.11.
        While the stock status update estimates that the stock could be considered rebuilt and that overfishing is not occurring, there are a number of concerns with the stock. These include: size frequency of the female population that is concentrated between 75 and 95 cm (29.3 and 37.1 inches), with very few fish above 100 cm (39.1 inches) or below 70 cm (27.3 inches); several years of low pup production, implying that the population will oscillate over time decreasing to a low around 2017; a skewed sex ratio of males to females (4:1, rather than the expected 2:1); and concern that projections of future biomass include assumptions about pup survivorship and selectivity of gear that may be optimistic.
        Monitoring Committee Recommendations

        The Monitoring Committee and a representative of the MAFMC's Scientific and Statistical Committee (SSC) met on October 31, 2008, to develop recommendations based on stock conditions estimated from the NEFSC stock status update. Based on the information from the stock status update, including the concerns over the status of the stock, the Monitoring Committee recommended a precautionary management response. The Monitoring Committee recommended maintaining the rebuilding F value of 0.11 as the target in FY 2009, as opposed to the F = 0.28 target that is associated with a rebuilt stock. The fishing mortality associated with Frebuild results in a quota recommendation of 12 million lb (5,443.11 mt) for FY 2009, a 200 percent increase from the 4-million-lb (1,814.37-mt) quota in FY 2008. The Monitoring Committee also agreed that the commercial quota should be set for 1 fishing year pending the TRAC stock assessment in 2009. The Monitoring Committee recommended that the possession limit be set at 3,000 lb (1.36 mt), up from 600 lb (272 kg) in 2008. A 3,000-lb (1.36-mt) possession limit would allow for increased retention of dogfish incidentally captured in Federal waters.
        Joint Committee Recommendations
        The Joint Committee met on November 17, 2008, to review the Monitoring Committee's recommendations and make its recommendation to the Councils. Council staff noted the SSC had been polled and generally supported the recommendation. The Joint Committee agreed with the Monitoring Committee's recommendation; to establish a 12-million-lb (5,443.11-mt) quota with a possession limit of 3,000 lb (1.36 mt).
        Council Recommendations
        The MAFMC and NEFMC met in December and November 2008, respectively, to review the Joint Committee's recommendation. The Councils agreed with the recommendation, a commercial quota of 12 million lb (5,443.11 mt) and a possession limit of 3,000 lb (1.36 mt), and recommended that NMFS implement these recommendations for FY 2009.
        Alternatives Adopted by the Atlantic States Marine Fisheries Commission (ASFMC)

        The Councils' quota and possession limit recommendations are consistent with those adopted for state waters in FY 2009 by the ASMFC at its October 2008 meeting. However, the newly approved Addendum II to the ASMFC's Interstate FMP for Spiny Dogfish removes the seasonal quota split (Period 1 and Period 2) for state fisheries and re-allocates the ASMFC quota with 58 percent to states from Maine through Connecticut, 26 percent to New York through Virginia, and 16 percent to North Carolina. Thus, while the overall 12-million-lb (5,443.11-mt) quota is the same for both state and Federal waters, the way that quota is allocated differs by region and season. One of the implications of this difference is that state and Federal waters may close at different times, depending on regional and seasonal quota attainment.

        Proposed Measures
        NMFS reviewed the Councils' recommendations and proposes to implement their recommendations of a commercial spiny dogfish quota of 12 million lb (5,443.11 mt) and a possession limit of 3,000 lb (1.36 mt) for FY 2009. As specified in the FMP, quota Period 1 (May 1 through October 31) would be allocated 57.9 percent of the quota, 6,948,000 lb (3,151.56 mt), and quota Period 2 (November 1 through April 30) would be allocated 42.1 percent of the quota, 5,052,000 lb (2,291.55 mt).
        Classification
        Pursuant to section 304 (b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this proposed rule is consistent with the Spiny Dogfish FMP, other provisions of the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment.
        This proposed rule has been determined to be not significant for purposes of Executive Order 12866.

        An initial regulatory flexibility analysis (IRFA) was prepared, 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 in the preamble and in the SUMMARY section of the preamble. A copy of this analysis is available from the Council (see ADDRESSES). A summary of the analysis follows:
        Statement of Objective and Need
        A description of the reasons why this action is being considered, and the objectives of and legal basis for this action, is contained in the preamble to this proposed rule and is not repeated here.
        Description and Estimate of Number of Small Entities to Which the Rule Will Apply
        All of the potentially affected businesses are considered small entities under the standards described in NMFS guidelines because they have gross receipts that do not exceed $3.5 million annually. Information from FY 2007 was used to evaluate impacts of this action, as that is the most recent year for which data are complete. According to NMFS permit file data, 3,142 vessels were issued Federal spiny dogfish permits in FY 2007, while 257 of these vessels contributed to overall landings.
        Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements
        This action does not contain any new collection-of-information, reporting, recordkeeping, or other compliance requirements. It does not duplicate, overlap, or conflict with any other Federal rules.
        Minimizing Significant Economic Impacts on Small Entities
        The IRFA considered three alternatives. The action recommended in this proposed rule, Alternative 1, includes a commercial quota of 12 million lb (5,443.11 mt), and the possession limit at 3,000 lb (1.36 mt), for both quota periods during FY 2009. Alternative 2 is the same as Alternative 1, but with a more liberal quota of 36.5 million lb (16,556.14 mt). Alternative 3, the status quo/no action alternative, would result in commercial quota of 4 million lb (1,814.37 mt) and a possession limit of 600 lb (272 kg) for both quota periods.
        Alternatives 1 and 2 have higher quotas than prior years. Assuming that the quota implemented would be attained, Alternatives 1 and 2 would be expected to increase overall revenue from dogfish landings, a beneficial economic impact on small entities. FY 2008 revenue is estimated using the average FY 2007 price/lb ($0.20) and the FY 2008 state quota of 8 million lb (3,628.74 mt) to equal $1.6 million. The increase in revenue in FY 2009 compared to FY 2008 could amount to $800,000 under Alternative 1 (preferred) and Alternative 3, and $5.7 million under Alternative 2. Alternative 3 is expected to result in a revenue increase because landings for spiny dogfish would presumably continue in state waters even after Federal waters closed until the 12-million-lb (5,443.11-mt) state quota implemented by the ASMFC for FY 2009 was reached. The net economic benefits by alternative would be greatest under Alternative 2, then Alternative 1 (preferred), and lastly by Alternative 3. Although total dogfish revenues may be the same under Alternative 1 and 3, the lower trip limit under Alternative 3 would distribute revenues at a lower rate over a longer period. Alternatives 1 and 2 would have a beneficial economic impact on small entities, including fishermen, processors, and the businesses that support them.

          List of Subjects in 50 CFR Part 648
          Fisheries, Fishing, Reporting and recordkeeping requirements.

          Dated: March 16, 2009.
          Samuel D. Rauch III,
          Deputy Assistant Administrator For Regulatory Programs, National Marine Fisheries Service.

        For the reasons set out above, 50 CFR part 648 is proposed to be 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 § 648.235, paragraphs (a) and (b) are revised to read as follows:

            § 648.235
            Possession and landing restrictions.
            (a) Quota Period 1. From May 1 through October 31, vessels issued a valid Federal spiny dogfish permit specified under § 648.4(a)(11) may:
            (1) Possess up to 3,000 lb (1.36 mt) 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 3,000 lb (1.36 mt) of spiny dogfish per trip; and
            (2) Land only one trip of spiny dogfish per calendar day.

      [FR Doc. E9-6023 Filed 3-18-09; 8:45 am]
      BILLING CODE 3510-22-S


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 660
        [I.D. 062000B]
        Western Pacific Fishery Management Council; Public Meeting

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

          ACTION:
          Notice of public meeting/public hearing.

          SUMMARY:

          The Western Pacific Fishery Management Council (Council) will hold its 105th meeting in Midway at Midway Atoll. The Council will hold a Precious Corals Plan Team meeting and a public hearing in Honolulu, Hawaii. The Council intends to take action under the Fishery Management Plan for the Precious Corals Fisheries of the Western Pacific Region (FMP) on the framework process governing established measures for adjustments to the harvest quota for exploratory precious coral permit areas in the Western Pacific Region. A public hearing is scheduled during the Plan Team meeting to receive comments on this action.

          DATES:
          The Plan Team meeting and the public hearing will be held on July 6, 2000, from 9 a.m. to 12 p.m. The public hearing will be held on July 6, 2000, at 11:30 a.m. The Council meeting will be held on July 10-11, 2000, from 8 a.m. to 5 p.m.

          ADDRESSES:
          The Plan Team meeting will be held at the Council Offices, 1164 Bishop Street, Honolulu, Hawaii; telephone 808- 522-8220. The Council meeting will be held at Midway Atoll; telephone 808-874-1111. Copies of documents that provide information on options to be discussed at the public hearing are available from the Western Pacific Fishery Management Council, 1164 Bishop St., Suite 1400, Honolulu, HI, 96813.

          FOR FURTHER INFORMATION CONTACT:
          Kitty M. Simonds, Executive Director; telephone 808-522-8220.

        SUPPLEMENTARY INFORMATION:
        Plan Team Meeting
        The agenda for the Plan Team meeting will include the items listed below. The order and time in which agenda items are addressed may change. The Plan Team will meet as late as necessary to complete scheduled business.
        1. Introductions
        2. Status of the fishery
        3. Review of 104th Council Meeting Minutes
        4. Adjustment of Exploratory Quota (see agenda item 8 under Council agenda for supplemental information)
        5. Confidentiality of Data
        6. Other Business
        7. Summary of Recommendations
        8. Public Hearing
        The U.S. Fish and Wildlife Service (FWS) invited the Council to convene a meeting on Midway Atoll to discuss issues relating to the management of fishery resources in the Northwestern Hawaiian Islands (NWHI). The Midway meeting offers Council members and resource managers first-hand interaction with the unique atoll environment and species of the NWHI, National Wildlife Refuges, and ecotourism operation and associated recreational fishing. Discussions will be focused on protected species (seabirds, turtles, monk seals), jurisdiction, research, ecotourism, recreational fishing, and designation of Marine Protected Areas (MPAs).
        Council Meeting
        The agenda during the Council meeting will include the items listed below. The order and time in which agenda items are addressed may change. The Council will meet as late as necessary to complete scheduled business.
        Agenda
        1. Introductions
        2. Approval of Agenda
        3. Approval of Minutes of the Council's 104th meeting
        4. Refuge Overview
        a. Report on Midway Atoll National Wildlife Refuge
        b. Report on Midway recreational fisheries program at Midway
        c. Report on research at Midway on monk seals, seabirds, turtles, and coral reefs
        d. Report on Hawaiian Islands National Wildlife Refuge
        e. Report on other wildlife refuges in the PRIAs
        f. Status of Palmyra Atoll
        5. Update on activities related to Executive Order 13158 on MPAs and the President's Memorandum on Protection of U.S. Coral Reefs in the NWHI (including ecotourism and bioprospecting)
        a. State of Hawaii
        b. Office of Hawaiian Affairs
        c. FWS
        d. NMFS
        e. MPAs in Hawaii and American Samoa
        f. Research issues including Omnibus Deepwater, monk seals, seabirds, turtles, coral reefs, sharks and lobsters
        g. Status of shark eradication program at French Frigate Shoals and final report on commercial bottom longline fishing for sharks in the NWHI
        6. Jurisdictional issues: Council/NMFS, FWS, State of Hawaii, Department of Defense
        a. Midway
        b. Other NHWI
        c. PRIAs
        7. Preliminary Draft Environmental Impact Statements
        a. Precious Corals
        b. Crustaceans
        c. Bottomfish
        d. Alternatives
        8. Precious Corals FMP exploratory areas
        The Council intends to take action under FMP framework process governing established measures for adjustments to the harvest quota for exploratory precious coral permit areas in the Western Pacific Region.

        For 20 years, domestic commercial deep-water precious coral harvest has been dormant. In 1999, largely from advances in the industry, researchers have conducted numerous surveys of the resource around the main Hawaiian Islands and found excellent recovery of the once harvested beds. Newly available highly maneuverable one-manned submersibles are equipped with constant stream video cameras, 180° pilot visibility, on-board computer mapping, and external robotic arms and collecting baskets. This allows for stock assessment concurrent with selective harvest. Because of these advances, the Council has recommended a prohibition on non-selective harvest of precious corals in all waters under its jurisdiction. The Exploratory Area of the Hawaiian Islands, locations where precious corals are believed to exist but have not been investigated, cover 99.97 percent of the viable habitat. Harvesting the current 1,000 kg (2,200 lb) per year Exploratory Area quota has never been attempted. Potential harvesters have claimed that this quota is too low to justify the necessary capital investment required for exploration even using the relatively lower cost non-selective dredging operations. Due to advances in technology and new restrictive harvest guidelines (e.g, proposed prohibition on use of all non-selective gear to harvest precious coral), the Council will consider revising the Exploratory Area quota. Alternatives include: No increase in the quota; increasing the quota to 5,000 kg (11,000 lb) per year with no more than 1,000 kg (2,200 lb) of gold coral; minimum size requirements for gold and pink coral; a maximum harvest quota from any one bank; an increasing the quota to 10,000 kg (22,000 lb) per year with no more than 1,000 kg (2200) of gold coral; minimum size requirements for gold and pink coral; and a maximum harvest quota from any one bank.
        9. Other Business
        Although non-emergency issues not contained in this agenda may come before the Council for discussion, those issues may not be the subject of formal Council action during this meeting. Council action will be restricted to those issues specifically listed in this document and any issue arising after publication of this document that requires emergency action under section 305(c) of the Magnuson-Stevens Act Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency.
        Special Accommodations
        This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Kitty M. Simonds, 808-522-8220 (voice) or 808-522-8226 (fax), at least 5 days prior to meeting date.

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

          Dated: June 21, 2000.
          Bruce C. Morehead,
          Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

      [FR Doc. 00-16224 Filed 6-26-00; 8:45 am]
      BILLING CODE 3510-22-F