10480 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Proposed Rules 

fails to meet one of the first two criteria 

for a distinct vertebrate population 

segment per our policy (i.e., the 

significance criterion), we have 

determined that it is not a listable entity 

under the Act. We note that the petition 

also fails to present substantial 

information that the range of the 

longnose sucker within the 

Monongahela River Basin may be a 

significant portion of the range of the 

species. Therefore, we are not 

proceeding with an evaluation of its 

conservation status relative to the Act’s 

standards for listing as endangered or 

threatened. 

The petition presented information 

for the five listing factors in section 4 of 

the Act in an effort to identify threats 

that may be leading to the decline of the 

Monongahela River population of the 

longnose sucker. These factors are 

pertinent only in cases where the 

organism being proposed for listing is a 

listable entity as defined by section 

3(15) of the Act. Because the 

Monongahela River basin population 

does not meet the significance criterion 

for a DPS, and therefore not a listable 

entity, the five threat factors are not 

analyzed for that population here. 

Finding 

We have reviewed the information 

presented in the petition, and evaluated 

that information in relation to 

information readily available in our 

files. Based on this review, we find the 

petition does not present substantial 

information indicating that listing the 

Monongahela River population of C. 

catostomus may be warranted. This 

finding is based on the lack of evidence 

to indicate that the Monongahela River 

population of C. catostomus meets the 

criteria for being classified as a DPS. 

Although it is geographically and 

reproductively isolated, scientific 

evidence was not provided to document 

this population’s biological or ecological 

significance under the Service’s DPS 

policy. Therefore, we have concluded 

that the Monongahela River population 

of the longnose sucker is not a listable 

entity under section 3(15) of the Act. We 

will not commence a status review in 

response to this petition. We encourage 

interested parties to monitor the 

Monongahela River population’s status 

and trends, and potential threats, and to 

implement actions that will contribute 

to this species’ conservation. We also 

encourage interested parties to continue 

to gather data that will assist with these 

conservation efforts. New information 

regarding this population’s potential 

consideration as a DPS should be 

submitted to the Field Supervisor, 

Pennsylvania Field Office (see 

ADDRESSES). 

References Cited 

A complete list of all references cited 

herein is available, upon request, from 

the Pennsylvania Field Office, U.S. Fish 

and Wildlife Service (see ADDRESSES). 

Author 

The primary author of this notice is 

Robert M. Anderson, Pennsylvania Field 

Office (see ADDRESSES). 

Authority 

The authority for this action is section 

4 of the Endangered Species Act of 

1973, as amended (16 U.S.C. 1531 et 

seq.). 

Dated: February 23, 2007. 

Kenneth Stansell, 

Acting Director, Fish and Wildlife Service. 

[FR Doc. E7–4081 Filed 3–7–07; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 070302052–7052–01; I.D. 

021307B] 

RIN 0648–AV09 

Atlantic Highly Migratory Species; 

Atlantic Commercial Shark 

Management Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This proposed rule would 

establish the 2007 second and third 

trimester season quotas for large coastal 

sharks (LCS), small coastal sharks (SCS), 

and pelagic sharks based on over- or 

underharvests from the 2006 second and 

third trimester seasons. In addition, this 

rule proposes the opening and closing 

dates for the LCS fishery based on 

adjustments to the trimester quotas. The 

intended effect of these proposed 

actions is to provide advance notice of 

quotas and season dates for the Atlantic 

commercial shark fishery. 

DATES: Written comments will be 

accepted until March 28, 2007. 

Public hearings will be held from 6–

8 p.m. on March 22 and March 28, 2007. 

ADDRESSES: Written comments on the 

proposed rule may be submitted to 

LeAnn Southward Hogan, Highly 

Migratory Species Management Division 

via: 

• E-mail: SF1.021307B@noaa.gov. 

• Mail: 1315 East-West Highway, 

Silver Spring, MD 20910. Please mark 

on the outside of the envelope 

‘‘Comments on Proposed Rule for 2007 

2nd & 3rd Trimester Season Lengths and 

Quotas.’’

• Fax: 301–713–1917. 

• Federal e-Rulemaking portal: http:// 

www.regulations.gov. Include in the 

subject line the following identifier: I.D. 

021307B. 

The hearing locations are: 

1. March 22, 2007 from 6–8 p.m. 

Orlando Public Library, 101 E. Central 

Blvd., Orlando, FL 32801. 

2. March 28, 2007 from 6–8 p.m. 

Town Hall, 407 Budleigh Street, 

Manteo, NC 27954. 

Copies of the draft Environmental 

Assessment (EA) and other relevant 

document are available from the HMS 

website (http://www.nmfs.noaa.gov/sfa/ 

hms/), or by contacting LeAnn 

Southward Hogan (see FOR FURTHER

INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: 

LeAnn Southward Hogan or Karyl 

Brewster-Geisz by phone: 301–713–2347 

or by fax: 301–713–1917. 

SUPPLEMENTARY INFORMATION: 

Background 

The Atlantic shark fishery is managed 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act). NMFS recently finalized a 

Consolidated Highly Migratory Species 

(HMS) Fishery Management Plan (FMP) 

that consolidated and replaced previous 

FMPs for Atlantic Billfish and Atlantic 

Tunas, Swordfish, and Sharks. The 

HMS FMP is implemented by 

regulations at 50 CFR part 635. 

Currently, the Atlantic shark annual 

quotas, with the exception of pelagic 

sharks, are split among three regions 

based on historic landings (1999–2003). 

Consistent with 50 CFR 635.27(b)(1)(iii) 

and (iv), the annual LCS quota (1,017 mt 

dw) is split among the three regions as 

follows: 52 percent to the Gulf of 

Mexico, 41 percent to the South 

Atlantic, and 7 percent to the North 

Atlantic. The annual SCS quota (454 mt 

dw) is split among the three regions as 

follows: 10 percent to the Gulf of 

Mexico, 87 percent to the South 

Atlantic, and 3 percent to the North 

Atlantic. The regional quotas for LCS 

and SCS are divided equally between 

the trimester seasons in the South 

Atlantic and the Gulf of Mexico, and 

according to historical landings in the 

North Atlantic. 


pwalker on PROD1PC71 with PROPOSALS
Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Proposed Rules 10481 

Consistent with 50 CFR 

635.27(b)(1)(vi), any over- or 

underharvest in a given region from the 

2006 second and third trimester seasons 

will be carried over to the 2007 second 

and third trimester seasons in that 

region. 

Second and Third Trimester 2006 

Landings 

Shark landings data for the second 

and third trimesters of 2006 are 

provided in Table 1. As a result of the 

over- and underharvests that occurred 

in the second and third trimester 

seasons of 2006, NMFS analyzed 

alternatives to adjust the 2007 second 

and third trimester seasons and quotas 

for the LCS and SCS fishery. 

TABLE 1- LANDINGS IN METRIC TONS DRESSED WEIGHT (MT DW) FOR THE 2ND AND 3RD TRIMESTER SEASONS OF 2006. 

Landings estimates are based on dealer reports received as of January 16, 2007. 

Second Trimester Season 2006 

Species Group (Annual Quota) Region (Allocation) Quota (mt dw) Estimated Landings Percent Quota 

Taken 

Large Coastal Sharks (1,017) Gulf of Mexico (52 %) 201.1 343.9 171% 

South Atlantic (41 %) 151.7 207.4 136.7% 

North Atlantic (7 %) 66.3 59.9 90.3% 

Small Coastal Sharks (454) Gulf of Mexico (10 %) 38.9 80.1 205.9% 

South Atlantic (87 %) 333.5 74.8 22.4% 

North Atlantic (3 %) 35.9 0 0 

Blue Sharks (273) No regional quotas 91 0.2 0.2% 

Porbeagle sharks (92) 30.7 0.3 1.0% 

Pelagic Sharks other than those 

above(488) 

162.7 24.5 15.1% 

Third Trimester Season 2006 

Species Group (Annual Quota) Region (Allocation) Quota (mt dw) Estimated Landings Percent Quota 

Taken 

Large Coastal Sharks (1,017) Gulf of Mexico (52 %) 225.6 351.8 155.9% 

South Atlantic (41 %) 50.3 108.7 216.1% 

North Atlantic (7 %) 3.3 5.8 175.8% 

Small Coastal Sharks (454) Gulf of Mexico (10 %) 30.8 23 74.7% 

South Atlantic (87 %) 263.7 40.3 15.3% 

North Atlantic (3 %) 28.2 0 0% 

Blue Sharks (273) No regional quotas 91 0 0.0% 

Porbeagle sharks(92) 30.7 0.8 2.6% 

Pelagic Sharks other than those 

above(488) 

162.7 21.4 13.2% 

Quota Adjustments in the LCS and SCS 

Fishery 

The Agency conducted an 

Environmental Assessment (EA) to 

analyze three LCS and four SCS 

alternatives for adjusting regional 

trimester quotas and other management 

measures based on the over- and 

underharvests that occurred in the LCS 

and SCS fisheries in the South Atlantic 

and Gulf of Mexico regions during the 

2006 second and third trimester 

seasons. 

These measures are necessary to 

ensure that over- and underharvests 

from 2006 are accounted for and any 

impacts are analyzed. The base quotas 

established in Amendment 1 to the FMP 

for Atlantic Tunas, Swordfish, and 

Sharks and maintained in the 

Consolidated HMS FMP would not be 

affected by this rulemaking. Rather, the 

base quotas would be changed via an 

amendment to the Consolidated HMS 

FMP. The Agency is preparing, in a 

separate action, an amendment to the 

2006 Consolidated HMS FMP to 

implement management measures 

particularly for sandbar, dusky, and 

porbeagle sharks that address the results 

of recent stock assessments, including 

the need for rebuilding plans and other 

modifications to the management 

program. Therefore, the Agency is not 

proposing any modifications to fishing 

seasons or LCS quotas beyond the 

second and third trimesters of 2007, at 

this time. 


pwalker on PROD1PC71 with PROPOSALS
10482 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Proposed Rules 

LCS Quota Adjustments 

The current regulations state that 

NMFS will adjust the next year’s fishing 

season (2007) and quotas for LCS to 

reflect actual landings during the 

previous fishing season (2006) in any 

particular region. Due to the extensive 

overharvest of LCS in the 2006 second 

and third trimester seasons in the South 

Atlantic and Gulf of Mexico regions, 

limited quota would be available 

resulting in a short season in the South 

Atlantic region and no season in the 

Gulf of Mexico region for the 2007 

second trimester. If NMFS were to not 

change the current regulations, then in 

the 2007 third trimester, both regions 

would experience short seasons. 

Moreover, under the current regulatory 

scheme, NMFS would open the midAtlantic shark closed area from July 6 - 

20, 2007. As described in the 

rulemaking for the 2007 first trimester 

(71 FR 75122; December 14, 2006), reopening the mid-Atlantic shark closed 

area in the month of July would likely 

have slightly negative ecological 

impacts because potential interactions 

with protected resources and other 

bycatch would be increased due to the 

displacement of fishing effort to an area 

that had been previously closed. Also, 

under the current regulatory scheme, 

NMFS would open the North Atlantic 

region for the month of July in the 2007 

second trimester and close this region 

during the 2007 third trimester season 

due to overharvest during the 2006 third 

trimester season. 

Under this proposed rule, NMFS 

would combine the second trimester 

season quota with the third trimester 

season quota in the South Atlantic and 

Gulf of Mexico regions. NMFS would 

open the South Atlantic region for six 

weeks beginning August 1, 2007. This 

would close the entire South Atlantic 

region for the month of July and 

maintain any ecological benefits of the 

mid-Atlantic shark closure. NMFS is 

proposing to delay the start of the 

merged seasons until August 1, 2007, to 

allow for a longer season than was 

previously allowed, based on slower 

catch rates in August versus July. NMFS 

believes that an August start date would 

still provide opportunities for all 

fishermen in the South Atlantic to fish 

for LCS. Under this proposed rule, 

NMFS would open the Gulf of Mexico 

region for three weeks beginning 

September 1, 2007. This accommodates 

comments received by NMFS stating the 

desire for the Gulf of Mexico region to 

be open at a different time than the 

South Atlantic region. The proposed 

rule would provide for longer seasons 

than the current regulations thereby 

increasing fishing opportunities 

consistent with available quota. Under 

this proposed rule, NMFS would keep 

in place the North Atlantic regional 

quotas and opening dates. Under 

alternatives 2 and 3, the LCS season 

would be open at different times in 

different regions, which would prevent 

market gluts. 

SCS Quota Adjustments 

Under current regulations, NMFS 

would subtract the overharvest accrued 

(41.2 mt dw) in the Gulf of Mexico 

region during the 2006 second trimester 

season from the baseline quota (15.1 mt 

dw) for this region during the 2007 

second trimester. Because the 

overharvest was greater than the 

baseline quota, NMFS would close the 

SCS fishery in the Gulf of Mexico 

during the 2007 second trimester. Under 

this proposed rule, NMFS would open 

the North Atlantic and South Atlantic 

regions on May 1, 2007, and would keep 

these regions open as long as quota was 

available in each region. Under existing 

regulations, NMFS would close the LCS 

and SCS commercial fishery in the Gulf 

of Mexico for the entire second trimester 

of 2007. 

Under 635.27(b)(1)(vi)(A)(1), NMFS 

may transfer up to 10 percent of the 

underharvested quota from the South 

Atlantic region to the Gulf of Mexico 

region. However, this would result in a 

Gulf of Mexico quota of -0.23 mt dw and 

was not further analyzed because it does 

not address the entire overharvest that 

occurred in the Gulf of Mexico region 

and would result in the same impacts as 

the existing regulations. Under this proposed rule, NMFS 

would change the SCS regional quota 

percentages in the South Atlantic and 

Gulf of Mexico regions due to recent 

overharvests in the Gulf of Mexico 

region and continued underharvest of 

the available quota in the South Atlantic 

region. Currently, the regional quota 

percentages are 87 percent in the South 

Atlantic region and 10 percent in the 

Gulf of Mexico region, which gives each 

of the regions 395 mt dw, and 45.4 mt 

dw, of the base quota, respectively. The 

change in regional quota percentages 

would allocate the SCS base quota of 

454 mt dw based on recent landings in 

both the South Atlantic and Gulf of 

Mexico regions and split the available 

quota between the two regions. 

Therefore, under this proposed rule, the 

2007 regional SCS quotas would be 3 

percent in the North Atlantic (13.6 mt 

dw, 29,983 lb dw), 49 percent (222.5 mt 

dw, 490,524 lb dw) in the South 

Atlantic, and 48 percent (217.9 mt dw, 

480,382 lb dw) in the Gulf of Mexico. 

The rule also includes a quota transfer, 

which would cover the 41.2 mt dw 

overharvest of SCS that occurred in the 

Gulf of Mexico region during 2006. 

Redistributing the quota among regions 

would more equally allocate the total 

SCS quota, and is expected to have little 

impact on SCS mortality in each 

respective region or status of SCS stocks 

in general. As the total SCS quota has 

to date never been fully harvested, the 

impacts of a slight increase in fishing 

effort would not significantly affect 

these stocks, and should prevent future 

overharvest in the Gulf of Mexico region 

while not leading to an overharvest in 

the South Atlantic region. 

Annual Landings Quotas 

Pursuant to Amendment 1 to the FMP 

for Atlantic Tunas, Swordfish, and 

Sharks, and the Final Consolidated 

HMS FMP, the 2007 annual base 

landings quotas are 1,017 mt dw 

(2,242,078 lb dw) for LCS and 454 mt 

dw (1,000,888.4 lb dw) for SCS. The 

2007 quota levels for pelagic, blue, and 

porbeagle sharks are 488 mt dw 

(1,075,844.8 lb dw), 273 mt dw 

(601,855.8 lb dw), and 92 mt dw 

(202,823.2 lb dw), respectively. This 

proposed rule does not propose any 

changes to these overall base landings 

quotas. Table 2 describes the proposed 

adjusted quotas for LCS, and Table 3 

describes the proposed adjusted quotas 

for SCS and pelagic sharks for the 

various regions (if applicable) for the 

second and third trimester seasons of 

2007 adjusted for over- and 

underharvests that occurred during the 

second and third trimester seasons of 

2006 (Table 1). 

Existing regulations do not allow 

underharvests of pelagic sharks to be 

carried forward to the next fishing 

management period. As of January 16, 

2007, approximately 47.2 mt dw had 

been reported landed in the 2006 

second and third trimester fishing 

seasons in total for pelagic, blue, and 

porbeagle sharks combined. Thus, the 

pelagic shark quota does not need to be 

reduced consistent with the current 

regulations 50 CFR 635.27(b)(1)(vi)(B). 

The 2007 second and third trimester 

seasons quotas for pelagic, blue, and 

porbeagle sharks are proposed to be 

162.7 mt dw (358,688 lb dw), 91 mt dw 

(200,619 lb dw), and 30.7 mt dw (67,681 

lb dw), respectively. 

Proposed Regional Quotas for LCS 

Consistent with 50 CFR 

635.27(b)(1)(iii), the annual LCS quota 

(1,017 mt dw) is split among the regions 

as follows: 52 percent to the Gulf of 

Mexico, 41 percent to the South 

Atlantic, and 7 percent to the North 

Atlantic. 


pwalker on PROD1PC71 with PROPOSALS
Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Proposed Rules 10483 

Consistent with 50 CFR 

635.27(b)(1)(vi)(A)(3), the LCS quota for 

the Gulf of Mexico and South Atlantic 

regions is further split equally (33.3 

percent/season) between the three 

trimester fishing seasons, and the quota 

for the North Atlantic is further split 

according to historical landings of 4, 88, 

and 8 percent for the first, second, and 

third trimester seasons, respectively. 

Under the proposed rule, the South 

Atlantic LCS regional quota for the 2007 

second trimester (83.2 mt dw) would be 

combined with the 2007 third trimester 

quota (80.5 mt dw) for a total quota of 

163.7 mt dw (360,893 lb dw). Under this 

rule, the Gulf of Mexico regional LCS 

quota for the 2007 second trimester 

(33.2 mt dw) would be merged with the 

2007 third trimester quota (49.9 mt dw) 

for a total of 83.1 mt dw (183,202 lb 

dw). The North Atlantic LCS quota for 

the 2007 second trimester would be 69.0 

mt dw (152,117 lb dw) and there would 

be a closure in the North Atlantic region 

during the 2007 third season (Table 2). 

Proposed Regional Quotas for SCS 

Consistent with 50 CFR 

635.27(b)(1)(iv), the annual SCS quota 

(454 mt dw) is split among the regions 

as follows: 10 percent to the Gulf of 

Mexico region, 87 percent to the South 

Atlantic region and 3 percent to the 

North Atlantic region. 

Also consistent with 50 CFR 635.27 

(b)(1)(vi)(A)(3), the SCS quota for the 

Gulf of Mexico and South Atlantic 

regions is further split equally (33.3 

percent/season) between the three 

trimester fishing seasons in each of the 

regions, and the quota for the North 

Atlantic is further split of 4, 88 and 8 

percent for the first, second, and third 

trimester seasons, respectively. 

This rule proposes a change to the 

SCS regional quota percentages in the 

South Atlantic and Gulf of Mexico 

regions for 2007 and in the future. The 

new SCS quota percentage allocations 

would be 49 percent in the South 

Atlantic and 48 percent in the Gulf of 

Mexico. This change would give the 

South Atlantic an 2007 annual base 

quota of 222.5 mt dw (490,524 lb dw) 

(454 mt dw x .49%) and a trimester 

quota of 74.1 mt dw (163,361 lb dw) 

(222.5 mt dw x .333). The Gulf of 

Mexico would have an annual base 

quota of 217.9 mt dw (480,382 lb dw) 

(454 mt dw x .48%) and a trimester 

quota of 72.6 mt dw (160,054 lb dw) 

(217.9 mt dw x .333). 

Proposed Fishing Season Notification 

for the Second and Third Trimester 

Seasons 2007 

The 2007 LCS second trimester season 

in the North Atlantic region is proposed 

to open on July 6, 2007, and would 

close on July 31, 2007, at ll:30 pm local 

time. The 2007 third trimester in the 

North Atlantic region would be closed 

(Table 2). 

The 2007 LCS fishery in the South 

Atlantic would have a merged second 

and third trimester season that is 

proposed to open on August 1, 2007, 

and would close September 15, 2007, at 

11:30 pm local time (Table 2). NMFS is 

proposing to delay the start of the 

merged season until August 1, 2007, to 

allow for a longer season based on 

slower catch rates in August versus July. 

The 2007 LCS fishery in the Gulf of 

Mexico would also have a merged 

second and third trimester season that is 

proposed to open on September 1, 2007, 

and would close on September 22, 2007, 

at 11:30 p.m. local time (Table 2). NMFS 

is proposing to delay the start of the 

merged season until September 1, 2007, 

to accommodate comments received by 

NMFS stating the desire for the South 

Atlantic region to be open at a different 

time than the Gulf of Mexico region. 

The September 1, 2007, open date 

would also allow for a longer season 

based on slower catch rates in 

September versus July. 

The second and third trimester fishing 

seasons of 2007 for SCS, pelagic sharks, 

blue sharks, and porbeagle sharks in the 

northwestern Atlantic Ocean, including 

the Gulf of Mexico and the Caribbean 

Sea, are proposed to open on May 1, 

2007, and September 1, 2007, 

respectively (Table 3). When quotas are 

projected to be reached for the SCS, 

pelagic, blue, or porbeagle sharks, the 

Assistant Administrator (AA) will file 

notification of closures at the Office of 

the Federal Register at least 14 days 

before the effective date, consistent with 

50 CFR 635.28(b)(2). 

TABLE 2. LCS PROPOSED SEASON LENGTHS AND QUOTAS FOR THE SECOND AND THIRD TRIMESTER SEASONS OF 2007 

LCS Proposed merged 2nd and 3rd trimester opening dates 

Proposed merged 2nd & 3rd trimester 

Closing Dates 

Proposed merged 2nd & 3rd trimester 

Quotas 

South Atlantic August 1, 2007 September 15, 2007 163.70 mt dw 

360,893 lb dw 

Gulf of Mexico September 1, 2007 September 22, 2007 83.1 mt dw 

183,202 lb dw 

North Atlantic July 6, 2007 July 31, 2007 69.0 mt dw 

152,117 lb d 

Closed 3rd Season Closed 3rd Season CLOSED 

TABLE 3. SCS AND PELAGIC SHARKS PROPOSED SEASON LENGTHS AND QUOTAS FOR THE SECOND AND THIRD TRIMESTER

SEASONS OF 2007 

2007 2nd Trimester Opening Dates Closing Dates 2007 2nd Tri. Adjusted Quota 

SCS South Atlantic (49%) May 1, 2007 To be determined as necessary 291.6 mt dw 

642,861 lb dw 

SCS Gulf of Mexico (48%) May 1, 2007 To be determined as necessary 72.6 mt dw 

160,054 lb dw 

SCS North Atlantic (3%) May 1, 2007 To be determined as necessary 36.2 mt dw 

79,807 ld dw 


pwalker on PROD1PC71 with PROPOSALS
10484 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Proposed Rules 

TABLE 3. SCS AND PELAGIC SHARKS PROPOSED SEASON LENGTHS AND QUOTAS FOR THE SECOND AND THIRD TRIMESTER

SEASONS OF 2007—Continued 

2007 2nd Trimester Opening Dates Closing Dates 2007 2nd Tri. Adjusted Quota 

Blue Sharks May 1, 2007 To be determined as necessary 91.0 mt dw 

200,619 lb dw 

Porbeagle May 1, 2007 To be determined as necessary 30.7 mt dw 

67, 681 lb dw 

Pelagic Sharks May 1, 2007 To be determined as necessary 162.7 mt dw 

358,688 lb dw 

2007 3rd Trimester Opening Dates Closing Dates 2007 3rd Tri. Adjusted Quota 

SCS South Atlantic (49%) September 1, 2007 To be determined as necessary 297.5 mt dw 

655,869 lb dw 

SCS Gulf of Mexico (48%) September 1, 2007 To be determined as necessary 80.4 mt dw 

177,250 lb dw 

SCS North Atlantic (3%) September 1, 2007 To be determined as necessary 29.4 mt dw 

64,815 lb dw 

Blue Sharks September 1, 2007 To be determined as necessary 91.0 mt dw 

200,619 lb dw 

Porbeagle September 1, 2007 To be determined as necessary 30.7 mt dw 

67, 681 lb dw 

Pelagic Sharks September 1, 2007 To be determined as necessary 162.7 mt dw 

358,688 lb dw 

Request for Comments 

Comments on this proposed rule may 

be submitted at public hearings, via 

email, mail, or fax by March 28, 2007. 

NMFS will hold two public hearings to 

receive comments from fishery 

participants and other members of the 

public regarding this proposed rule. 

These hearings will be physically 

accessible to people with disabilities. 

Request for sign language interpretation 

or other auxiliary aids should be 

directed to LeAnn Southward Hogan at 

(301) 713–2347 at least 5 days prior to 

the hearing date. The public is 

reminded that NMFS expects 

participants at the public hearings to 

conduct themselves appropriately. At 

the beginning of each meeting, a 

representative of NMFS will explain the 

ground rules (e.g., alcohol is prohibited 

from the hearing room; attendees will be 

called to give their comments in the 

order in which they register to speak; 

the attendees should not interrupt one 

another). The NMFS representative will 

attempt to structure the meeting so that 

all attending member of the public will 

be able to comment, if they so choose, 

regardless of the controversial nature of 

the subject(s). Attendees are expected to 

respect the ground rules, and, if they do 

no, they will be asked to leave the 

meeting. For individuals unable to 

attend a hearing, NMFS also solicits 

written comments on this proposed rule 

(see DATES and ADDRESSES). 

Classification 

NMFS has preliminarily determined 

that this action is consistent with 

section 304(b)(1) of the MagnusonStevens Fishery Conservation and 

Management Act, including the 

National Standards, and other 

applicable law. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

In compliance with Section 603 of the 

Regulatory Flexibility Act, an Initial 

Regulatory Flexibility Analysis was 

prepared for this rule. The IRFA 

analyzes the anticipated economic 

impacts of the preferred actions and any 

significant alternatives to the proposed 

rule that could minimize economic 

impacts on small entities. A summary of 

the IRFA is below. The full IRFA and 

analysis of economic and ecological 

impacts, are available from NMFS (see 

ADDRESSES). 

In compliance with section 603 (b)(1) 

of the Regulatory Flexibility Act, the 

purpose of this proposed rulemaking is, 

consistent with the Magnuson-Stevens 

Act, to adjust the LCS and SCS regional 

and trimester quotas and propose season 

lengths for LCS, SCS, and pelagic sharks 

for the second and third trimesters of 

2007 based on under- and overharvests 

that occurred during the second and 

third trimesters of 2006. This rule does 

not change the overall annual base 

quotas. 

In compliance with section 603 (b)(2) 

of the Regulatory Flexibility Act, the 

objective of the proposed rulemaking is, 

to ensure that the season lengths and 

quotas for the second and third 

trimester of 2007 for LCS, SCS, and 

pelagic sharks are in place by the end 

of the first trimester of 2007 consistent 

with the regulations established in the 

2003 Amendment to the 1999 FMP for 

Atlantic Tunas, Swordfish and Sharks. 

Section 603 (b)(3) requires Agencies 

to provide an estimate of the number of 

small entities to which the rule would 

apply. This rule could directly affect 

commercial shark fishermen on the 

Atlantic Ocean in the United States. 

There are approximately 549 (235 

directed and 314 incidental) shark 

permit holders. Additionally, 

approximately 253 commercial shark 

dealers could be indirectly affected by 

this proposed rule. All of these permit 

holders and dealers are considered 

small entities according to the Small 

Business Administration=s standard for 

defining a small entity. Other small 

entities involved in HMS fisheries such 

as processors, bait houses, and gear 

manufacturers might also be indirectly 

affected by the proposed regulations. 


pwalker on PROD1PC71 with PROPOSALS
Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Proposed Rules 10485 

This proposed rule does not contain 

any new reporting, recordkeeping, or 

other compliance requirements (5 U.S.C. 

603 (b)(4)). Similarly, this proposed rule 

would not conflict, duplicate, or overlap 

with other relevant Federal rules (5 

U.S.C. 603(b)(5)). 

One of the requirements of an IRFA, 

under Section 603 of the Regulatory 

Flexibility Act, is to describe any 

alternatives to the proposed rule that 

accomplish the stated objectives and 

that minimize any significant economic 

impacts (5 U.S.C. 603 (c)). Additionally, 

the Regulatory Flexibility Act (5 U.S.C. 

603 (c)(1)–(4)) lists four categories for 

alternatives that must be considered. 

These categories are: (1) establishment 

of differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) clarification, consolidation, 

or simplification of compliance and 

reporting requirements under the rule 

for such small entities; (3) use of 

performance rather than design 

standards; and (4) exemptions from 

coverage for small entities. 

In order to meet the objectives of this 

proposed rule, consistent with 

Magunson-Stevens Act, NMFS cannot 

exempt small entities or change the 

reporting requirements only for small 

entities. Thus, there are no alternatives 

discussed that fall under the first and 

fourth categories described above. In 

addition, none of the alternatives 

considered would result in additional 

reporting or compliance requirements 

(category two above). NMFS does not 

know of any performance or design 

standards that would satisfy the 

aforementioned objectives of this 

rulemaking while, concurrently, 

complying with the Magnuson-Stevens 

Act. As described below, NMFS 

analyzed seven different alternatives in 

this proposed rulemaking and provides 

justification for selection of the 

preferred alternative to achieve the 

desired objective. 

The alternatives include: maintain 

existing procedures for LCS quota 

management (alternative 1, No Action), 

merge the second trimester season quota 

with the third trimester season quota in 

the South Atlantic and open the 

combined season August 1, 2007 

(alternative 2), merge the second 

trimester season quota with the third 

trimester season quota in the Gulf of 

Mexico region and open the combined 

season September 1, 2007 (alternative 

3), maintain existing procedures for SCS 

quota management (alternative 4, No 

Action), transfer a portion of the South 

Atlantic’s regional 2007 second 

trimester SCS underharvest to the Gulf 

of Mexico region (alternative 5), transfer 

a portion of the South Atlantic’s 

regional 2007 second trimester SCS 

underharvest to the Gulf of Mexico 

region as well as give the Gulf of Mexico 

region additional SCS quota for the 2007 

second trimester season (alternative 6), 

and reallocate the SCS regional quota 

percentages in the South Atlantic region 

from 87 percent to 49 percent and in the 

Gulf of Mexico region from 10 percent 

to 48 percent and transfer a portion of 

the South Atlantic’s regional 2007 

second trimester SCS underharvest to 

the Gulf of Mexico region (alternative 7). 

Merging the second and third trimester 

seasons for LCS for both the South 

Atlantic (alternative 2) and the Gulf of 

Mexico (alternative 3) regions and also 

reallocating the SCS regional quota 

percentages between the South Atlantic 

and Gulf of Mexico regions for the 

second and third trimesters while also 

transferring a portion of the South 

Atlantic’s regional second trimester 

underharvest to the Gulf of Mexico 

(alternative 7) are the preferred 

alternatives. 

Alternatives Considered for LCS 

Alternative 1 is considered the no 

action alternative since it would 

maintain existing procedures for 

addressing regional trimester over and 

underharvests of LCS when establishing 

the regional quotas and seasons for the 

second and third trimesters of 2007 and 

it would also open the mid Atlantic 

shark closed area in July, subject to 

available quota for the second trimester 

in 2007. This alternative is not preferred 

in part because it would result in 

negative economic impacts for the 

South Atlantic region and Gulf of 

Mexico region, compared to the 

preferred alternative. 

The no action alternative does not 

create any new economic burdens on 

the shark commercial industry that was 

not included in previous rulemaking. 

Regardless, the unexpected magnitude 

of the 2006 second trimester overharvest 

would result in no commercial fishing 

for LCS in the entire Gulf of Mexico 

region during the second trimester of 

2007 since the available adjusted quota 

would be taken in approximately two 

days. Furthermore, overharvest during 

the second trimester in 2006 in the 

South Atlantic region would result in a 

reduced second trimester quota of 83.2 

mt dw and therefore the fishing season 

would be adjusted and shortened to last 

only from July 6 to July 20, 2007. 

If not for the overharvest in 2006, the 

second trimester quota allocation would 

have been 138.9 mt of LCS in the South 

Atlantic region. Instead, the adjusted 

quota under this alternative would be 

83.2 mt dw, which is 55.7 mt dw less 

than it would have been under the base 

quota allocation. To estimate the value 

of changes in revenues from the 2007 

available quota, the median ex vessel 

prices from 2003 to 2006 for each region 

reported in Table 6.6 of the draft EA 

were used to forecast 2007 shark prices 

since this multi year average smoothes 

out temporary market volatility. Using a 

median ex vessel price of $0.48 per 

pound dressed weight of LCS and 

$12.28 per pound for shark fin reported 

via HMS dealer reports from 2003 to 

2006 for the South Atlantic region and 

adjusted for inflation, the value of the 

55.7 mt dw reduction from the baseline 

quote allocation would have been 

approximately $55,996 for LCS flesh (95 

percent of the quota weight) and 

$75,398 for shark fins (based on the 5 

percent shark fin to carcass regulation). 

Therefore, the 2006 overharvest is 

estimated to have a direct revenue 

impact on South Atlantic regional 

commercial shark fishing activity of 

approximately $131,393. However, it 

should be noted that due to the 

overharvest, fishermen received more 

revenue in the 2006 second trimester 

than previously expected. Since the 

actual prices received for the 2006 

second trimester are available, those 

prices were used to calculate the ‘‘extra’’

revenues generated from the overharvest 

in the second trimester of 2006. Using 

the median ex vessel prices for the 

second trimester of 2006 of $0.40 and 

$10.00 for LCS flesh and shark fins, 

respectively, for the South Atlantic 

region the estimated revenue for the 

second trimester in 2006 from the 55.7 

mt dw in overharvest was $108,162. Due 

to this extra revenue in 2006, a 

shortened second trimester for 2007 

would result in disrupted revenue flows 

and result in negative economic 

impacts. 

If not for the overharvest in the 

second trimester of 2006 in the Gulf of 

Mexico region, the second trimester 

quota available would have been 176.1 

mt of LCS in the Gulf of Mexico region. 

However, due to the overharvest, the 

adjusted quota is 33.2 mt for LCS. 

Because of the small size of this quota, 

no fishing season is feasible due to 

safety at sea concerns and potential 

derby fishing conditions. Using a 

median ex vessel price of $0.44 for LCS 

and $17.05 for shark fin reported HMS 

dealer reports from 2003 to 2006 for the 

Gulf of Mexico region and adjusted for 

inflation, the value of the 176.1 mt dw 

baseline quota for the second trimester 

of 2007 is approximately $162,282 for 

LCS flesh (95 percent of the quota 

weight) and $330,969 for shark fins 

(based on the 5 percent shark fin to 


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carcass regulation). Therefore, the 2006 

overharvest is estimated to have a direct 

revenue impact on Gulf of Mexico 

regional commercial shark fishing 

activity of approximately $493,251. 

Using the median ex vessel prices for 

the second trimester of 2006 of $0.40 

and $13.00 for LCS flesh and shark fins, 

respectively, for the Gulf of Mexico 

region, the estimated revenue for the 

second trimester in 2006 from the 142.9 

mt dw (176.1 33.2 mt dw) in overharvest 

was $324,491. However, a closure 

during the second trimester of 2007 

would result in disrupted revenue flows 

and result in negative economic 

impacts. 

The quota for the second trimester of 

2007 is not impacted by overharvests in 

the North Atlantic region. However, in 

the 2007 third trimester, the North 

Atlantic region would be closed to 

fishing because of overharvest in the 

third trimester of 2006. The base quota 

allocation for the third trimester would 

have been 5.7 mt dw if not for the 

overharvest. Using an average between 

the median ex vessel price in the South 

Atlantic and the Gulf of Mexico regions 

from 2003 to 2006 adjusted for inflation, 

the approximate value of this quota 

allocation would have been $14,709. 

This minor economic impact is offset by 

the extra revenue received in 2006 as a 

result of the 2.5 mt dw overharvest in 

the third trimester worth $6,451. 

However, it should also be noted that 

the third season was closed in 2006. 

During the third trimester of 2006, 

there was also an overharvest in the 

South Atlantic region. This resulted in 

the base quota allocation being reduced 

from 138.9 mt dw to an adjusted quota 

of 80.5 mt dw for the third trimester. 

Using a similar calculation as above, the 

economic impact of the overharvest 

would be a reduced third quarter value 

of revenues of approximately $137,762. 

However, it should be noted that 

fishermen received revenue sooner 

under the 2006 third trimester 

overharvest than they normally would 

have received. Using the median ex 

vessel prices for the third trimester of 

2006 of $0.45 and $8.00 for LCS flesh 

and shark fins, respectively for the 

South Atlantic region, the estimated 

revenue for the third trimester in 2006 

from the 58.4 mt in overharvest was 

$100,425. 

During the third trimester of 2006, 

there was also an overharvest in the 

Gulf of Mexico region. This resulted in 

the base quota allocation being reduced 

from 176.1 mt dw to an adjusted quota 

of 49.9 mt dw for the third trimester. 

Using a similar calculation as above, the 

economic impact of the overharvest 

would be a reduced third quarter value 

of revenues of approximately $353,482. 

However, it should be noted thatdue to 

the overharvest, fishermen received 

more revenue in the 2006 third trimester 

than previously expected. Using the 

median ex vessel prices for the third 

trimester of 2006 of $0.40 and $17.00 for 

LCS flesh and shark fins, respectively 

for the Gulf of Mexico region, the 

estimated revenue for the third trimester 

in 2006 from the 126.2 mt in 

overharvest was $342,214. Despite this 

extra revenue in 2006, a shortened third 

trimester for 2007 would result in 

disrupted revenue flows and result in 

negative economic impacts. 

Overall, the economic impact of 

reduced 2007 LCS quota for the South 

Atlantic, Gulf of Mexico, and North 

Atlantic regions for the second and third 

trimesters of 2007 would result in a total 

economic impact of $1,130,597 in 

reduced revenues. However, this is 

partially offset by the extra revenues 

generated in the second and third 

trimesters of 2006 estimated to be worth 

$881,644. Some of the impacts from 

these reduced revenues might be 

mitigated somewhat for vessels that can 

fish in other regions or fisheries. 

However, these opportunities will likely 

be limited and result in additional costs 

associated with adjusting current fishing 

practices. 

Alternative 2, the preferred 

alternative, which would merge the 

second trimester season in the South 

Atlantic region with the third trimester 

season quota in the South Atlantic 

region, could minimize the economic 

costs associated with the South Atlantic 

regional overharvest. The 83.2 mt dw 

adjusted quota for the second trimester 

would be combined with the 80.5 mt dw 

adjusted quota for the third trimester in 

the South Atlantic to provide a 

combined 163.7 mt dw season starting 

on August 1, 2007, that is proposed to 

last until September 15, 2007. 

There does not appear to be any 

significant seasonality to LCS and shark 

fin ex vessel prices. Therefore, revenues 

under this alternative would likely be at 

least the same as having two separate 

seasons. The combined seasons would 

provide for a total of six weeks to fish 

the LCS quota in the South Atlantic 

region versus only five weeks (split into 

two seasons) under the no action 

alternative. This would afford more 

flexibility in addressing market 

conditions for LCS, and thus potentially 

allow for greater profits. However, there 

could be negative impacts on business 

planning as a result of the season 

starting in August versus the expected 

July start date. Fishing operations may 

face cash flow problems covering their 

fixed costs as they wait for the later 

starting combined season, unless they 

are able to generate cash flows in other 

fisheries in the interim. Starting the 

season in August essentially extends the 

Mid Atlantic closure to the whole region 

from July to August. This could have 

negative economic impacts, especially 

since catch rates have been historically 

higher in July than in August. The 

positive aspects of merging the two 

seasons include reduced operating costs 

since fishermen would only need to 

prepare the vessel once instead of twice 

and they are more likely to have a viable 

market for LCS given the season would 

be longer. 

Alternative 3 is similar to Alternative 

2 in that it would merge the second 

trimester season with the third trimester 

season quota, but is instead for the Gulf 

of Mexico region. The merged season 

would combine the second trimester 

season quota of 33.2 mt dw with the 

third trimester season quota of 49.9 mt 

dw to create a three week long season 

starting September 1, 2007, that would 

have 83.1 mt dw of quota. This 

preferred alternative would have the 

benefit of extending the third season by 

one week versus under Alternative 1. 

Since Alternative 3 has the same start 

date as Alternative 1, there would not be 

any impact on that portion of the Gulf 

of Mexico region. Alternative 3 also 

allows the 33.2 mt dw quota of the 

second season to be fished. Under 

Alternative 1, the season for that 33.2 mt 

dw of quota would have been closed. 

Using a median ex vessel price of $0.44 

for LCS and $17.05 for shark fin 

reported HMS dealer reports from 2003 

to 2006 for the Gulf of Mexico region 

and adjusted for inflation, the value of 

harvesting this 33.2 mt dw of quota 

would be approximately $92,992 in 

revenue. In addition, by providing for a 

three week combined fishing season, 

this alternative would afford more 

flexibility in addressing market 

conditions for LCS. 

Alternatives Considered for SCS 

Alternative 4 is considered the no 

action alternative since it would 

maintain existing procedures for 

addressing regional trimester over and 

underharvests for SCS when 

establishing the regional quotas and 

seasons for the second and third 

trimesters of 2007. No change in 

economic impacts would be realized in 

the North Atlantic and South Atlantic 

regions since those regions would be 

open, with ample quota, throughout the 

entire second and third trimesters of 

2007 under the status quo. This 

alternative is not preferred, as it would 

result in greater negative economic 


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Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Proposed Rules 10487 

impacts for the Gulf of Mexico region, 

compared to the preferred alternative. 

The no action alternative would not 

create any new economic burdens on 

the SCS commercial industry that were 

not included in previous rulemaking. 

Regardless, the size of the 2006 second 

trimester overharvest in the Gulf of 

Mexico region would result in no 

commercial fishing for SCS in the entire 

Gulf of Mexico region during the second 

trimester of 2007. Even after a ten 

percent quota transfer from the South 

Atlantic second season underharvest, 

the 25.87 mt dw of transferred quota is 

not sufficient to address the 41.2 mt dw 

of overharvest in the Gulf of Mexico 

region during the second trimester 

season of 2006. 

If not for the overharvest in 2006, the 

2007 second trimester quota allocation 

would have been 15.1 mt dw of SCS in 

the Gulf of Mexico region. Instead, the 

adjusted quota under Alternative 4 

would be negative 26.1 mt dw resulting 

in a closed fishing season. Using a 

median ex vessel price of $0.44 per 

pound dress weight for SCS and $17.05 

per pound for shark fin reported in HMS 

dealer reports from 2003 to 2006 for the 

Gulf of Mexico region and adjusted for 

inflation, the value of this harvest (15.1 

mt dw) would have been approximately 

$13,915 for SCS flesh (95 percent of the 

quota weight) and $28,380 for shark fins 

(based on the 5 percent shark fin to 

carcass regulation). Therefore, the 2006 

overharvest is estimated to have a direct 

revenue impact on Gulf of Mexico 

regional commercial shark fishing 

activity of approximately $42,295. 

However, it should be noted that due to 

the overharvest, fishermen received 

more revenue in the 2006 second 

trimester than previously expected. 

Alternative 5 would transfer a portion 

of the South Atlantic’s regional 2007 

second trimester SCS underharvest (41.2 

mt dw) to the Gulf of Mexico region to 

cover the Gulf of Mexico’s regional 2006 

second trimester overharvest. The Gulf 

of Mexico would then have the 

equivalent of their base quota of 15.1 mt 

dw for the 2007 second trimester. This 

would eliminate the economic impact of 

a closure in the Gulf of Mexico region 

in 2007 unlike under the no action 

alternative. The South Atlantic region 

would still have an adjusted third 

trimester quota of 349 mt dw, which is 

much greater than the amount that 

region actually harvested in the second 

season of 2006. The only economic 

impacts would come from potential 

future impacts to the South Atlantic 

region as a result of the 41.2 mt dw 

transfer of their underhavest to the Gulf 

of Mexico region if in the future the 

South Atlantic harvests more SCS than 

is accommodated by their lowered final 

adjusted quota. 

Alternative 6 would transfer a portion 

of the South Atlantic’s regional 2007 

second trimester SCS underharvest (41.2 

mt dw) to the Gulf of Mexico region to 

cover the Gulf of Mexico’s regional 2006 

second trimester SCS overharvest as 

well as give the Gulf of Mexico region 

additional SCS quota of 15.1 mt dw 

from the South Atlantic region for a 

total of 30.2 mt dw for the 2007 second 

trimester. This additional quota transfer 

would likely not provide enough quota 

to prevent an overharvest during the 

2007 second trimester. However, this 

additional quota (15.1 mt dw) would 

provide the Gulf of Mexico region with 

an additional $42,294 in potential 

revenue from SCS. It would also further 

reduce the underharvest carry forward 

of SCS in the South Atlantic as a result 

of the larger transfer. There could be 

future economic impacts in the South 

Atlantic region if one day they need that 

quota. 

Alternative 7 would take a different 

approach. Under Alternative 7, NMFS 

would reallocate the SCS regional quota 

percentages in the South Atlantic region 

from 87 percent to 49 percent and in the 

Gulf of Mexico region from 10 percent 

to 48 percent for both the 2007 second 

and third trimester seasons and in the 

future. In addition, there would also be 

transfer of underharvest in the South 

Atlantic regional 2007 second trimester 

quota to cover the Gulf of Mexico’s 

regional second trimester overharvest. 

This alternative is the preferred 

alternative. 

There would be no change in the total 

base quota available for all regions in 

the second and third trimester season 

under this alternative versus alternative 

4 (No Action). In addition, the adjusted 

2007 second and third trimester regional 

quota would stay the same for the North 

Atlantic region. The key change would 

involve the quota amounts for South 

Atlantic and Gulf of Mexico regions. 

The 2007 second trimester quota in the 

South Atlantic region would decrease 

from 390.2 mt dw (Alternative 4) to 

291.6 mt dw of SCS and the 2007 third 

trimester quota would decrease from 

354.9 mt dw (Alternative 4) to 297.5 mt 

dw. Using the 2003 to 2006 median ex 

vessel prices of $0.67 lbs dw for flesh 

and the 2003 to 2006 median ex vessel 

prices for shark fin of $12.28 for SCS in 

the South Atlantic region, there would 

be a decrease of $200,425 in potential 

revenues for the second trimester season 

and $158,245 decrease in potential 

revenues in the third trimester season. 

However, it should be noted that the 

South Atlantic region has not harvested 

SCS in amounts approaching even these 

lowered trimester quota levels in the 

past few years. 

The 2007 second trimester quota in 

the Gulf of Mexico region would go 

from -26.1 mt dw (which would close 

this region) under the alternative 4 (No 

Action) scenario in the second trimester 

season to 72.6 mt dw of SCS under this 

alternative. In addition, the 2007 third 

trimester quota would increase from 

22.9 mt dw to 80.4 mt dw. Using the 

2003 to 2006 median ex vessel prices of 

$0.44 lbs dw for flesh and the 2003 to 

2006 median ex vessel prices for shark 

fins of $17.05 for SCS in the Gulf of 

Mexico region, there would be an 

increase of $203,350 in potential 

revenues for the second trimester season 

and $161,506 increase in potential 

revenues in the third trimester season. 

This reallocation of quota would allow 

the SCS fishery to remain open in the 

Gulf of Mexico region and would 

prevent future overharvest of quota in 

that region while not leading to an 

overharvest in the South Atlantic 

region. 

Overall, Alternative 7 would increase 

revenues for SCS by transferring quota 

from a region of underharvest to a 

region that is currently overharvesting 

their SCS quota. The reallocation of 

regional quota percentages would 

provide greater regional equity in future 

base quota allocations. This would help 

mitigate overharvesting of the quota in 

the Gulf of Mexico region. However, 

there could be future impacts to the 

South Atlantic region as a result of the 

reallocation of the SCS regional quota 

percentage to the Gulf of Mexico region 

if in the future the South Atlantic 

harvests more than this proposed lower 

regional quota allocation percentage. 

List of Subjects in 50 CFR Part 635 

Fisheries, Fishing, Fishing vessels, 

Foreign relations, Imports, Penalties, 

Reporting and recordkeeping 

requirements, Treaties. 

Dated: March 5, 2007. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For reasons set out in the preamble, 

50 CFR part 635 is proposed to be 

amended as follows: 

PART 635—ATLANTIC HIGHLY 

MIGRATORY SPECIES 

1. The authority citation for part 635 

continues to read as follows: 

Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 

1801 et seq. 

2. In § 635.27, paragraphs (b)(1)(i), 

(b)(1)(iv), (b)(1)(vi)(A) introductory text, 

are revised to read as follows: 


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10488 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Proposed Rules 

§ 635.27 Quotas. 

* * * * * 

(b) * * * 

(1) * * * 

(i) Fishing seasons. The commercial 

quotas for large coastal sharks, small 

coastal sharks, and pelagic sharks will 

be split among three fishing seasons: 

January 1 through April 30, May 1 

through August 31, and September 1 

through December 31. NMFS may 

consider merging any of the fishing 

seasons pursuant to paragraph (b)(1)(vi) 

of this section. 

* * * * * 

(iv) Small coastal sharks. The annual 

commercial quota for small coastal 

sharks is 454 mt dw, unless adjusted 

pursuant to paragraph (b)(1)(vi) of this 

section. This annual quota is split 

among the regions as follows: 48 percent 

to the Gulf of Mexico, 49 percent to the 

South Atlantic, and 3 percent to the 

North Atlantic. 

* * * * * 

(vi) Annual adjustments. (A) NMFS 

will adjust the next year’s fishing season 

quotas for large coastal, small coastal, 

and pelagic sharks to reflect actual 

landings during any fishing season in 

any particular region. For example, a 

commercial quota underharvest or 

overharvest in the fishing season in one 

region that begins January 1 will result 

in an equivalent increase or decrease in 

the following year’s quota for that region 

for the fishing season that begins 

January 1. NMFS may consider merging 

any of the fishing seasons and relevant 

quotas in any region when there is 

limited available quota in one or more 

seasons. 

* * * * * 

[FR Doc. 07–1085 Filed 3–5–07; 2:13 pm] 

BILLING CODE 3510–22–S 


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