16656 Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Rules and Regulations

(3) Purchase, trade, or barter, or

attempt to purchase, trade, or barter, a

shark from the management unit

without an annual dealer permit, as

specified in § 678.4(a)(2).

(4) Falsify information required in

§ 678.4(b) and (c) on an application for

a permit. (5) Fail to display a permit, as

specified in § 678.4(h).

(6) Falsify or fail to provide

information required to be maintained,

submitted, or reported, as specified in

§ 678.5.

(7) Fail to make a shark available for

inspection or provide data on catch and

effort, as required by § 678.5(d).

(8) Falsify or fail to display and

maintain vessel identification, as

required by § 678.6.

(9) Falsify or fail to provide requested

information regarding a vessel’s trip, as

specified in § 678.10(a).

(10) Fail to embark an observer on a

trip when selected, as specified in

§ 678.10(b).

(11) Assault, resist, oppose, impede,

harass, intimidate, or interfere with a

NMFS-approved observer aboard a

vessel or prohibit or bar by command,

impediment, threat, coercion, or refusal

of reasonable assistance, an observer

from conducting his/her duties aboard a

vessel.

(12) Fail to provide an observer with

the required food, accommodations,

access, and assistance, as specified in

§ 678.10(c).

(13) Remove the fins from a shark and

discard the remainder, as specified in

§ 678.22 (a)(1).

(14) Possess shark fins, carcasses, or

parts on board, or offload shark fins

from, a fishing vessel, except as

specified in § 678.22, or possess shark

carcasses or parts on board, or offload

shark fins, carcasses, or parts from, a

vessel, except as specified in

§ 678.22(a)(2) and (3).

(15) Fail to release a shark that will

not be retained in the manner specified

in § 678.22(b).

(16) Land, or possess on any trip,

shark in excess of the vessel trip limit,

as specified in § 678.22(c)(1).

(17) Transfer a shark at sea, as

specified in §§ 678.22(c)(2) and

678.23(e).

(18) Fillet a shark at sea, as specified

in § 678.22(d), except that sharks may be

eviscerated and the head and fins may

be removed.

(19) Exceed the bag limits, as

specified in § 678.23 (a) through (c), or

operate a vessel with a shark on board

in excess of the bag limits, as specified

in § 678.23(d).

(20) Sell, trade, or barter, or attempt

to sell, trade, or barter, a shark harvested

in the EEZ, except as an owner or

operator of a vessel with a permit, as

specified in § 678.25(a), or sell, trade, or

barter, or attempt to sell, trade or barter,

a shark from the management unit,

except as an owner or operator of a

vessel with a permit, as specified in

§ 678.26.

(21) Purchase, trade, or barter, or

attempt to purchase, trade or barter,

shark meat or fins from the management

unit from an owner or operator of a

vessel that does not possess a vessel

permit, as specified in § 678.26(b); or

sell, trade, or barter, or attempt to sell,

trade, or barter, a shark from the

management unit, except to a permitted

dealer, as specified in § 678.26(d).

(22) Sell, purchase, trade, or barter, or

attempt to sell, purchase, trade, or

barter, shark fins that are

disproportionate to the weight of

carcasses landed, as specified in

§ 678.26(c).

(23) Interfere with, obstruct, delay, or

prevent by any means an investigation,

search, seizure, or disposition of seized

property in connection with

enforcement of the Magnuson-Stevens

Act.

(24) During a closure for a shark

species group, retain a shark of that

species group on board a vessel that has

been issued a permit under § 678.4,

except as provided in § 678.24(a), or

sell, purchase, trade, or barter or attempt

to sell, purchase, trade, or barter a shark

of that species group, as specified in

§ 678.24.

(25) Fish for sharks with a drift gillnet

that is 2.5 km or more in length or

possess a shark aboard a vessel

possessing such drift gillnet, as

specified in § 678.21.

(b) [Reserved]

5. In § 678.22, a new paragraph (d) is

added to read as follows:

§ 678.22 Harvest limitations.

* * * * *

(d) Filleting. (1) A shark from any of

the three management units that is

possessed in the EEZ, or harvested by a

vessel that has been issued a permit

pursuant to § 678.4, may not be filleted

at sea. Sharks may be eviscerated and

the head and fins may be removed. 6. In § 678.23, paragraphs (b) and (c)

are revised to read as follows:

§ 678.23 Bag limits.

* * * * *

(b) Large coastal, small coastal and

pelagic species, combined—2 per vessel

per trip. (c) Atlantic sharpnose shark—2 per

person per trip.

* * * * *

7. In § 678.24, paragraph (b) is revised

to read as follows:

§ 678.24 Commercial quotas.

* * * * *

(b) Semiannual. The following

commercial quotas apply:

(1) For the period January 1 through

June 30:

(i) Large coastal species—642 metric

tons, dressed weight.

(ii) Small coastal species—880 metric

tons, dressed weight.

(iii) Pelagic species--290 metric tons,

dressed weight.

(2) For the period July 1 through

December 31:

(i) Large coastal species—642 metric

tons, dressed weight.

(ii) Small coastal species—880 metric

tons, dressed weight.

(iii) Pelagic species—290 metric tons,

dressed weight.

* * * * *

8. Section 678.29 is added to read as

follows:

§ 678.29 Catch-and-release program.

(a) Notwithstanding other provisions

of this part, a person may fish for, but

not retain, white sharks with rod and

reel only under a catch and release

program, provided the person releases

and returns such fish to the sea

immediately with a minimum of injury.

(b) [Reserved]

[FR Doc. 97–8754 Filed 4–2–97; 8:53 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 678

[I.D. 031797B]

Atlantic Shark Fisheries; Large Coastal

Shark Species

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is closing the

commercial fishery for large coastal

sharks conducted by vessels with a

Federal Atlantic shark permit in the

Western North Atlantic Ocean,

including the Gulf of Mexico and

Caribbean Sea. This action is necessary

because the semiannual quota of 642

metric tons (mt) for the period January

1 through June 30, 1997 has been

exceeded.

EFFECTIVE DATE: The closure is effective

from 11:30 p.m. local time April 7,

1997, through June 30, 1997.
Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Rules and Regulations 16657

FOR FURTHER INFORMATION CONTACT: C.

Michael Bailey, John Kelly or Margo B.

Schulze, 301–713–2347.

SUPPLEMENTARY INFORMATION: The

Atlantic shark fishery is managed by

NMFS according to the Fishery

Management Plan (FMP) for Atlantic

Sharks prepared by NMFS under

authority of the Magnuson-Stevens

Fishery Conservation and Management

Act (16 U.S.C. 1801 et seq.). Fishing by

U.S. vessels is governed by regulations

implementing the FMP at 50 CFR part

678.

Section 678.24(b) of the regulations

provides for two semiannual quotas of

large coastal sharks to be harvested from

Atlantic, Caribbean, and Gulf of Mexico

waters by commercial fishermen. The

first semiannual quota of 642 mt is

available for harvest from January 1

through June 30, 1997.

The Assistant Administrator for

Fisheries, NOAA (AA), is required

under § 678.25 to monitor the catch and

landing statistics and, on the basis of

these statistics, to determine when the

catch of Atlantic, Caribbean, and Gulf of

Mexico sharks will equal any quota

under § 678.24(b). When shark harvests

reach, or are projected to reach, a quota

established under § 678.24(b), the AA is

further required under § 678.25 to close

the fishery.

The AA has determined, based on the

reported catch and other relevant

factors, that the semiannual quota for

the period January 1 through June 30,

1997, for large coastal sharks, in or from

the Western North Atlantic Ocean,

including the Gulf of Mexico and

Caribbean Sea, had been attained as of

March 14, 1997. During the closure

retention of large coastal sharks from the

management unit is prohibited for

vessels issued a permit under § 678.4,

unless the vessel is operating as a

charter vessel or headboat, in which

case the vessel limit per trip is two large

coastal sharks. Also, the sale, purchase,

trade, or barter or attempted sale,

purchase, trade, or barter of carcasses

and/or fins of large coastal sharks

harvested by a person aboard a vessel

that has been issued a permit under

§ 678.4, is prohibited, except for those

that were harvested, offloaded, and sold,

traded, or bartered prior to the closure,

and were held in storage by a dealer or

processor.

Vessels that have been issued a

Federal permit under § 678.4 are

reminded that, as a condition of permit

issuance, the vessel may not retain a

large coastal shark during the closure,

except as provided by § 678.24(a).

Fishing for pelagic and small coastal

sharks may continue. The recreational

fishery is not affected by this closure.

Classification

This action is taken under 50 CFR

part 678 and is exempt from review

under E.O. 12866.

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

Dated: April 1, 1997.

Gary C. Matlock,

Director, Office of Sustainable Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–8755 Filed 4–2–97; 8:54 am]

BILLING CODE 3510–22–P