Federal Register / Vol. 60, No. 4 / Friday, January 6, 1995 / Proposed Rules 2071

SUPPLEMENTARY INFORMATION:

Background

Section 4 of the Endangered Species

Act (ESA) allows interested persons to

petition the Secretary of Commerce or

the Secretary of Interior to add, remove

or reclassify a species on the List of

Endangered and Threatened Wildlife

and to designate critical habitat. To the

maximum extent practicable, the

Secretary must make a finding within 90

days after receiving the petition on

whether it presents substantial scientific

or commercial information to indicate

that the petitioned action may be

warranted. A final decision on the

petitioned action must be made within

one year of receipt of the petition.

Petition Received

On September 19, 1994, NMFS

received a petition from the Edwards

Manufacturing Company, Inc. to delist

the shortnose sturgeon population in the

Kennebec River system in Kennebec,

Sagadahoc and Lincoln Counties,

Maine. In support of their requested

action, the petitioners cite research

conducted on the Kennebec River

system population over the last two

decades and an initial population

estimate averaging 10,000 adult

shortnose sturgeon. Additionally,

density data (shortnose sturgeon per

hectare) reported from six river

populations, including the Kennebec

River system, is used to infer that the

Kennebec River system is supporting a

shortnose sturgeon population near

carrying capacity.

Further, the petitioners reference a

NMFS 1987 Status Review that states

that the Kennebec River shortnose

sturgeon population is no longer in

danger of extinction and recommends

that the population be removed from the

list of threatened and endangered

species under the ESA. This

recommendation was based on the best

information available at that time, and

considered all of the listing/delisting

factors specified in the ESA.

Using the best available information,

NMFS will assess the status of the

shortnose sturgeon throughout its range,

including the Kennebec River system. In

making a final determination on

whether the petitioned action is

warranted, NMFS will consult the

shortnose sturgeon recovery team and

other sturgeon biology and population

dynamics experts and will verify the

findings and recommendations

contained in this petition and the NMFS

1987 status review.

Information Solicited

To ensure that the review is complete

and based on the best available

scientific and commercial data, NMFS is

soliciting from any interested person

information concerning the status of

shortnose sturgeon in the Kennebec

River system. Data, information and

comments should include (1)

supporting documentation such as

sighting dates and locations (preferably

accompanied by maps) and (2) the

commentors name, address, and

association, institution, or business.

Dated: December 29, 1994.

Ann D. Terbush,

Acting Director, Office of Protected Resources,

National Marine Fisheries Service.

[FR Doc. 95–275 Filed 1–5–95; 8:45 am]

BILLING CODE 3510–22–F

50 CFR Part 678

[Docket No. 941261–4361; I.D. 121494A]

RIN 0648–AF63

Atlantic Shark Fisheries; Quotas

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS issues this proposed

rule which would establish the

semiannual commercial quotas for

Atlantic large coastal sharks, and

Atlantic pelagic sharks, under the

framework provisions of the Fishery

Management Plan for Sharks of the

Atlantic Ocean (FMP), at 1994 levels.

These quotas would apply to permitted

vessels for 1995 and, unless adjusted,

for future years. This proposed rule is

intended to prevent overfishing of shark

stocks.

DATES: Written comments on this

proposed rule are invited and must be

received on or before January 30, 1995.

ADDRESSES: Comments on the proposed

rule should be sent to Richard B. Stone,

Chief, Highly Migratory Species

Management Division, Office of

Fisheries Conservation and Management

(F/CM), National Marine Fisheries

Service, 1315 East-West Highway, Silver

Spring, MD 20910. Clearly indicate

‘‘Atlantic Shark Comments’’ on the

envelope. Comments may also be sent

by FAX to 301–713–0596. Requests for

copies of an environmental assessment

and regulatory impact review (EA/RIR)

should be sent to Richard B. Stone or C.

Michael Bailey at the same address.

FOR FURTHER INFORMATION CONTACT: C.

Michael Bailey, 301–713–2347, FAX

301–713–0596; Michael E. Justen, 813–

570–5305 or Kevin B. Foster, 508–281–

9260.

SUPPLEMENTARY INFORMATION: The

fishery for Atlantic sharks is managed

under the FMP prepared by NMFS

under authority of Section 304(f)(3) of

the Magnuson Fishery Conservation and

Management Act (Magnuson Act), and

implemented in April 1993 through

regulations found at 50 CFR part 678.

In October and November 1994,

NMFS held a series of public scoping

meetings to receive comments from

fishery participants and other members

of the public regarding issues of concern

in the Atlantic shark fishery. In

addition, NMFS solicited written

comments as part of the scoping

process, including consideration of

adjustments to the quota for Atlantic

large coastal and pelagic sharks.

The 1994 Atlantic Large Coastal Shark

Fishery

The January-through-June semiannual

quota was projected to be reached on

May 17 and the fishery was closed;

however, the quota was actually

underharvested by 33 mt. The quota for

July through December was adjusted for

the underharvest for a total of 1318 mt.

The commercial large coastal shark

fishery was closed August 10 based on

projected landings, but the quota was

underharvested by 657 mt due to bad

weather and other factors in the two

weeks prior to August 10. The fishery

reopened on September 1 to allow the

underharvest to be taken and was closed

on November 5, 1994.

The 1994 Evaluation of TAC

During preparation of the FMP, NMFS

determined that stocks of Atlantic large

coastal sharks were below the level

required to produce the maximum

sustainable yield (MSY). Accordingly,

NMFS included a Recovery Plan in the

FMP designed to rebuild the resource to

the MSY level, with annual total

allowable catch (TAC) increasing as the

rebuilding program progressed.

However, because MSY, stock levels

needed to produce MSY, and resource

productivity were only uncertain

estimates, the FMP calls for an annual

evaluation of relevant fishery

information including current stock

status, current landings, maximum

sustainable yield, and information on

which to base TAC.

As required by the FMP, an annual

shark evaluation workshop (SEW) was

held in March 1994 to assess the status

of the stocks. The SEW concluded that

available information neither supported
2072 Federal Register / Vol. 60, No. 4 / Friday, January 6, 1995 / Proposed Rules

the increase for the 1994 TAC from 1993

levels nor supported increasing the 1995

TAC as was otherwise anticipated and

scheduled in the FMP. Three significant

factors were found to alter previous

perceptions of the status of large coastal

sharks: (1) Catch per unit effort (CPUE)

statistics extending further back in time

than were used to prepare the FMP,

indicating that the resource has

declined further than previously

estimated; (2) new estimates of life

history characteristics such as age at

maturity and maximum longevity

indicating that the productivity of some

key species may be much lower than

previously assumed; and (3) updated

CPUE statistics giving no indication of

rebuilding to date.

CPUE data since 1991 are too few and

too variable to indicate with any

statistical confidence whether stocks are

increasing or decreasing under current

TAC levels. However, other information

(stock sizes substantially below MSY

levels, low productivity, and increased

landings prior to implementation of the

FMP) suggests that the rapid recovery

assumed in the FMP is unlikely. The

1994 SEW suggested that recovery to the

levels of the 1970’s could take as long

as 30 years. Given the reproductive

profiles of sharks and the general

insufficiency of fishery data upon which

to base analyses, the 1994 SEW

concluded that ‘‘increas[ing] the TAC

for sharks [is] considered risk-prone

with respect to promoting stock

recovery’’ and that allowing ‘‘any TAC

might be considered risk-prone * * *.’’

The SEW recommended that the 1995

quota be set at 1993 levels.

Shark Operations Team

The Shark Operations Team met to

review the findings of the SEW with the

individual members supporting

maintaining quotas at 1994 levels.

Large Coastal and Pelagic Shark Quotas

The framework provisions of the FMP

allow the Assistant Administrator for

Fisheries, NOAA (AA), to make

adjustments in the management

measures in order to achieve the

objectives of the FMP.

The AA proposes to set the

commercial quota for the large coastals

group for 1995 at the 1994 level—2,570

mt. This, in the opinion of the AA,

represents a reasonable compromise

between the various alternatives ranging

from a complete closure of the fishery

to a quota increase. This alternative

conforms to the objectives of the shark

FMP in that it facilitates shark resource

data collection, research, and

monitoring and increases the benefits

from shark resources to the United

States while reducing waste.

While the 1994 SEW focused on the

large coastal species group, declining

CPUE and life history characteristics

indicating low productivity for pelagics

and small coastals also suggest that a

prudent approach is warranted for these

groups. No new analyses were presented

upon which to modify MSY or TAC of

the pelagic and small coastal sharks.

Accordingly, the AA proposes to set

commercial quotas for pelagic sharks for

1995 at the 1994 level—580 mt. At

present, no quota has been established

for the small coastal species group.

When analyses are presented, the AA

will propose an appropriate quota for

small coastal sharks.

NMFS is also proposing to remove the

specification of the year from portions

of the regulatory text referring to quotas.

Thus, if a change in quota level from a

previous year is not justified, a change

in the regulatory text would not be

necessary to continue that level for the

new year.

Comments and Responses

Agency responses to comments

received during the scoping process are

summarized below.

Commercial Quotas

Comment: Conservation

organizations, commercial shark fishing

interests, incidental commercial shark

fishing interests, recreational fishing

interests, and individuals provided

written comments on the proposed

adjustment to commercial quotas. Some

commenters suggested that commercial

quotas should be allowed to increase as

scheduled in the FMP, some

commenters suggested maintaining the

current quota until additional data on

the status of the stocks could be

evaluated, some commenters suggested

significant quota reductions, and others

suggested a closure of the fishery until

stocks recover.

Response: NMFS has examined the

four possible commercial quota options

and, as is discussed above, is proposing

to set the TAC for 1995 at the 1994

level. An SEW will be held in 1995 to

reexamine the status of the stocks and

to recommend any adjustments for

1996.

Other Comments

Comment: NMFS received a number

of other comments during the scoping

process, including species identification

concerns, possible creation of a new

sub-grouping of fast growing large

coastal sharks that share similar life

histories, medium- and long-term

measures to address the rapid expansion

in the number of permit holders (e.g.,

moratorium and individual quotas),

tiered permit system (e.g. directed,

bycatch, and angler catch), further

division of the quota into 4 periods in

lieu of the existing 2 periods, regional

sub-quotas for large coastal sharks, area/

season closures for sharks (e.g., nursery/

pupping grounds), modifications in the

fin/carcass ratio, and changes in the

recreational fishery bag limit.

Response: This proposed rule

addresses only the commercial quotas

for large coastal and pelagic sharks. This

is immediately necessary because

specification of commercial quotas

expires as of December 31, 1994.

However, other issues raised in the

scoping process may be addressed in

future rulemakings.

Classification

The AA has determined that this rule

is necessary for conservation and

management of shark resources in the

Atlantic Ocean and is consistent with

the national standards and other

provisions of the Magnuson Act, and

other applicable law. This proposed rule

is exempt from review under E.O.

12866. The quotas proposed for 1995 are

within the range analyzed in the

Regulatory Flexibility Analysis (RFA)

included in the Regulatory Impact

Review prepared for the FMP and no

new RFA has been prepared.

List of Subjects in 50 CFR Part 678

Fisheries, Fishing, Reporting and

recordkeeping requirements.

Dated: December 29, 1994.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 678 is proposed

to be amended as follows:

PART 678—ATLANTIC SHARKS

1. The authority citation for part 678

continues to read as follows:

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

2. Section 678.24, paragraph (b), is

revised to read as follows:

§ 678.24 Commercial quotas.

* * * * *

(b) Semiannual quotas. The following

commercial quotas apply:

(1) For the period January 1 through

June 30:

(i) Large coastal species—1,285 metric

tons, dressed weight.

(ii) Pelagic species—290 metric tons,

dressed weight.

(2) For the period July 1 through

December 31:
Federal Register / Vol. 60, No. 4 / Friday, January 6, 1995 / Proposed Rules 2073

(i) Large coastal species—1,285 metric

tons, dressed weight.

(ii) Pelagic species—290 metric tons,

dressed weight.

* * * * *

[FR Doc. 94–32343 Filed 12–30–94; 3:34 pm]

BILLING CODE 3510–22–F