[Federal Register Volume 66, Number 125 (Thursday, June 28, 2001)]
[Proposed Rules]
[Pages 34401-34405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16191]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 600, 635, and 648

[Docket No. 010612153-1153-01; I.D. 041901A]
RIN 0648-AP21


Fisheries Off West Coast States and in the Western Pacific; 
Atlantic Highly Migratory Species; Fisheries of the Northeastern United 
States

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes a rule that would implement the provisions of 
the Shark Finning Prohibition Act (Act) that prohibit any person under 
U.S. jurisdiction from engaging in shark finning in waters seaward of 
the inner boundary of the U.S. exclusive economic zone (EEZ), 
possessing shark fins harvested in waters seaward of the inner boundary 
of the U.S. EEZ on board a fishing vessel without corresponding shark 
carcasses, or landing shark fins harvested in waters seaward of the 
inner boundary of the U.S. EEZ without corresponding carcasses. The Act 
requires the Secretary of Commerce to issue regulations to implement it 
and the intent of this action is to propose such regulations.

DATES: Comments must be received at the appropriate address or fax 
number (see ADDRESSES) no later than 5 p.m. Pacific daylight time on 
July 30, 2001. Comments may also be submitted at a public hearing to be 
held on the proposed rule on July 11, 2001, NOAA Auditorium, 1301 East-
West Highway, Silver Spring, MD, 5 p.m. EDT.

ADDRESSES: Written comments should be sent to Dr. Rebecca Lent, 
Regional Administrator, Southwest Region, NMFS, 501 W. Ocean Boulevard, 
Suite 4200, Long Beach, CA 90802. Comments may also be sent via 
facsimile at 562-980-4047. Comments will not be accepted if submitted 
by email or Internet. For copies of the draft environmental Assessment 
(EA) or regulatory impact review/initial regulatory flexibility 
analysis (RIR/IRFA), contact Svein Fougner at 562-980-4040.

FOR FURTHER INFORMATION CONTACT: Svein Fougner, Assistant Regional 
Administrator for Sustainable Fisheries, Southwest Region, NMFS, at 
562-980-4040; or Charles Karnella, Administrator, Pacific Island Area 
Office, NMFS, at 808-973-2935; or Karyl Brewster-Geisz, NMFS 
headquarters, at 301-713-2347.

SUPPLEMENTARY INFORMATION: Due to concerns about the status of shark 
populations and the effects of heavy fishing on such populations, the 
Congress passed, and the President signed, on December 21, 2000, the 
Shark Finning Prohibition Act. This Act amends the Magnuson-Stevens 
Fishery Management and Conservation Act (Magnuson-Stevens Act). The Act 
prohibits any person subject to U.S. jurisdiction from: (1) Engaging in 
shark finning (finning is the practice of removing the fin or fins from 
a shark and discarding the remainder of the shark) at sea; (2) 
possessing shark fins aboard a fishing vessel without the corresponding 
carcass; and (3) landing shark fins without a corresponding carcass.
    By becoming a signatory nation to the United Nations Food and 
Agriculture Organization's International Plan of Action on Sharks, the 
United States has agreed that shark conservation is a concern, both 
domestically and internationally. The United States has also agreed 
that all nations and international fishery organizations should take 
action to ensure that shark populations are monitored, and fishery 
conservation measures are implemented, to protect sharks from over-
exploitation. The strong international market for shark fins has 
increased the potential for fishing shark stocks at unsustainable 
levels. Uncontrolled shark finning may lead to unsustainable shark 
harvests, as well as the waste of usable (but often relatively lower 
value) shark meat. In addition, the species of shark often cannot be 
determined from the fins alone. Thus, when finning is practiced, the 
effects of fisheries on specific shark species is difficult to discern 
because appropriate mortality data are not available for stock 
assessments. The intent of the Act is to eliminate the wasteful and 
unsportsmanlike practice of shark finning. The intent of this proposed 
rule is to achieve the intent of the Act.
    The practice of shark finning has been prohibited in the Federal 
waters of the Atlantic Ocean, Gulf of Mexico, and Caribbean Sea since 
1993 for 39 species of sharks contained in the management unit of the 
Fishery Management Plan (FMP) for Sharks of the Atlantic Ocean. In 
1999, the FMP for Sharks of the Atlantic Ocean was replaced, and the 
prohibition on shark finning expanded to an additional 33 species of 
sharks, by the FMP for Atlantic Tunas, Swordfish, and Sharks (HMS FMP). 
The only species of shark for which finning was not expressly 
prohibited by the HMS FMP was spiny dogfish; however, the Spiny Dogfish 
FMP prohibited the finning of spiny dogfish in Federal waters in 
January 2000. This proposed rule would not affect any of the 
regulations implementing the HMS and Spiny Dogfish FMPs, including 
those prohibiting finning or imposing reporting requirements.
    To implement the Act, the proposed rule would prohibit: (1) Any 
person on a U.S. fishing vessel from engaging in shark finning in 
waters seaward of the inner boundary of the U.S. EEZ; however, a U.S. 
fisher would not be prohibited from removing and retaining fins from a 
shark on a vessel, providing the corresponding carcass is retained on 
board the vessel; (2) any person on a U.S. fishing vessel from 
possessing shark fins harvested in waters seaward of the inner boundary 
of the U.S. EEZ

[[Page 34402]]

on board the vessel without the corresponding shark carcass; (3) any 
person on a U.S. fishing vessel from landing shark fins harvested in 
waters seaward of the inner boundary of the U.S. EEZ without the 
corresponding carcass; and (4) any person on a foreign fishing vessel 
from engaging in finning in the U.S. EEZ and from landing shark fins in 
or inside the U.S. EEZ without the corresponding carcass. In addition, 
the rule would require that all shark fins and carcasses be landed and 
weighed at the same time, once landing of shark fins and/or shark 
carcasses has begun. This proposed rule would not affect any reporting 
requirements currently in place for fisheries that take sharks.
    In accordance with the requirements of the Act, it would be a 
rebuttable presumption that any shark fin or fins found on board a U.S. 
fishing vessel, or landed from any fishing vessel, were taken, held, or 
landed in violation of these regulations if the total weight of shark 
fins landed or found on board exceeds 5 percent of the total dressed 
weight of shark carcasses landed or found on board the vessel. It would 
be the responsibility of the person involved to rebut the presumption 
by providing evidence that there is good reason for the weight of the 
fins to exceed the 5-percent threshold. NMFS has used wet weight to 
apply the 5-percent limit for shark fins landed in the Atlantic, Gulf, 
and Caribbean, where the fins are generally wet when landed. In the 
western Pacific, foreign vessels generally have landed dry fins, and it 
is believed that about half the weight of the fin is lost in the drying 
process. Domestic vessels, on the other hand, generally land fins that 
are relatively wet as the fishing trips are normally 20 days or less 
and complete drying can not be achieved in that time. Inasmuch as there 
is not expected to be any landing of fins by foreign vessels that have 
taken long trips and land only dry fins, and domestic landings (if any) 
will likely only be of fins with relatively fresh shark carcasses, it 
appears logical to use the wet weight (or equivalent) as the standard 
for application of the 5-percent limit. NMFS specifically seeks 
comments regarding how ``wet'' should be defined for purposes of this 
regulation.
    The prohibition of landing shark fins without carcasses would 
extend to any vessel (including a cargo or shipping vessel) that 
obtained those fins from another vessel at sea. Any such transfer of 
shark fins effectively would make the receiving vessel a ``fishing 
vessel'', as the receiving vessel is acting ``in support of fishing.'' 
Thus, the receiving vessel would be prohibited from landing shark fins 
without corresponding carcasses under the proposed rule.

Applicability

    This proposed rule would not apply to sharks harvested from state 
waters. The Act does not contain an express preemption of state 
authority over state waters. However, the Act's prohibition on removing 
any of the fins of a shark (including the tail) and discarding the 
carcass of the shark uses the terms ``discard the carcass of the shark 
at sea'' suggesting that this prohibition applies to state waters as 
well as waters beyond the inner boundary of the U.S. EEZ. NMFS 
specifically requests public comment on whether the Act is applicable 
to sharks harvested from state waters and whether NMFS should issue 
shark finning regulations applicable to state waters.
    It is noted that some states have more restrictive provisions 
dealing with shark fishing and finning than the prohibitions and 
requirements that would be imposed by this rule with respect to sharks 
and their fins harvested from waters seaward of the inner boundary of 
the U.S. EEZ. This proposed rule would not have any affect on state 
regulations applicable to sharks and their fins harvested from state 
waters or to state regulations more restrictive with respect to the 
landing of sharks and their fins harvested from waters seaward of the 
inner boundary of the U.S. EEZ.

Effects of Proposed Action

    The proposed rule would directly affect: (1) Owners, operators, and 
crew of U.S. fishing vessels in waters seaward of the inner boundary of 
the U.S. EEZ that engage in finning, and the landing and sale of those 
fins; (2) owners and employees of U.S. firms that buy and sell shark 
fins harvested in waters seaward of the inner boundary of the U.S. EEZ 
(which could include U.S. fishing vessels and foreign vessels that 
obtain fins without carcasses from foreign vessels at sea); and (3) 
owners, operators, and crew of foreign fishing vessels that would 
otherwise land shark fins without carcasses in or inside the U.S. EEZ. 
Shark finning has been prohibited in the Federal waters of the Atlantic 
Ocean, Gulf of Mexico, and Caribbean Sea since 1993, and finning of 
spiny dogfish in this region was prohibited in 2000. Further, finning 
is effectively prohibited under state regulations on the West Coast and 
in the North Pacific, as well as in a number of Atlantic states and 
Hawaii. In Hawaii, while it is reported that about 60,000 sharks were 
finned by the Hawaii-based longline fleet in 1999, finning has since 
been prohibited by state law, and thus this rule will not have large 
impacts in Hawaii. Therefore, there will be minimal impacts in these 
areas.
    Most, if not all, the impacts would likely affect businesses in the 
Western Pacific. It is estimated that shark finning accounts for 
between $1.8 million and $2.5 million of economic activity in the 
western Pacific (not including the values formerly attributable to 
finning by domestic vessels in Hawaii until 2000, when finning was 
prohibited).
    The proposed action is expected to have moderate impacts on fishers 
and businesses in Guam and American Samoa, where shark fin landings 
have been made and substantial sales and trade in shark fins have been 
conducted for many years. In Guam and American Samoa, domestic landings 
of shark fins have been very low; however, foreign longline vessels 
have landed shark fins there in the past. Under the proposed rule, 
sales of those fins would be prohibited unless the corresponding 
carcasses were also landed. This prohibition would also affect the 
earnings of crew on foreign fishing vessels because the revenue from 
fin sales often accrues directly to crew members. If that income is 
reduced, there could be less spending by crew members in port calls in 
American Samoa and Guam.
    The proposed rule could indirectly affect U.S. retailers and 
consumers of shark fins, but the extent of impact cannot be determined 
with available data. It is possible that shark fins, which would no 
longer be available from domestic landings, would be available through 
air, ocean, or surface freight shipments. It is also possible that the 
price of shark fins would rise due to lower supply. The proposed rule 
would not directly affect the owners and employees of businesses that 
are engaged in domestic and international shipments of, and trade in, 
shark fins in containers or other such shipments, or the owners and 
employees of businesses that provide supplies and services to foreign 
fishing vessels that may (but do not necessarily) engage in shark 
finning and associated sales.
    No reporting or recordkeeping requirements are proposed in this 
rule. Reporting requirements currently in place are sufficient for 
monitoring and enforcement of these regulations. However, these 
regulations may be amended if information or conditions demonstrate 
that additional reporting or recordkeeping requirements are necessary 
to achieve the purposes of the Act. This could include changes in the 
information required in logbook forms, a requirement that records be 
kept and

[[Page 34403]]

 submitted of the weight of shark fins and carcasses landed, or other 
information requirements. NMFS will work with the regional fishery 
management councils (councils) and interstate marine fisheries 
commissions to determine if changes are needed to ensure adequate 
records for monitoring the fisheries and enforcing the prohibitions. If 
any changes are needed in reporting and recordkeeping requirements, 
they may be made nationally or in separate regions.

Alternative Construction of the Statute

    NMFS considered applying a broader interpretation of the Act, and 
this would be expected to have much greater impacts on foreign 
fishermen. One alternative would be to prohibit foreign fishing vessels 
from possessing shark fins harvested in waters seaward of the inner 
boundary of the U.S. EEZ without carcasses while in U.S. ports. This 
could result in a substantial reduction in the use of those ports by 
foreign longline vessels that have shark fins on board without 
corresponding carcasses. It is estimated that this activity generates 
between $40 to $60 million per year in sales by Hawaiian businesses. 
Another alternative would be to prohibit landings of shark fins 
harvested in waters seaward of the inner boundary of the U.S. EEZ 
without carcasses by non-fishing vessels, such as cargo vessels 
shipping fins to a U.S. port. Under this alternative, there would be 
greater impacts on shippers, retailers, and consumers. U.S. Customs 
Service data indicate that documented imports and exports of shark fins 
into and out of the U.S. were valued at $3 million and $5 million, 
respectively, in 1999. Under this alternative, these shipments would 
likely be eliminated and shark fins could only enter the U.S. via air 
or land freight.
    Another alternative would be to extend the prohibition of 
possession of shark fins harvested in waters seaward of the inner 
boundary of the U.S. EEZ aboard any vessel under U.S. jurisdiction to 
all foreign fishing vessels whenever they are in the EEZ, even if not 
engaged in fishing. This could force some vessels fishing throughout 
the Pacific to adjust their navigation routes at high expense. It also 
would constitute an infringement on the right of freedom of navigation. 
This construction appears to go beyond the intent of the Act.
    NMFS also considered not promulgating these regulations and using 
fishery management plans prepared by councils (and by the Secretary 
with respect to Atlantic Ocean, Gulf of Mexico, and Caribbean shark 
fishery management) under the Magnuson-Stevens Act to implement the 
Act. However, this would not meet the statutory requirements of the 
Act.
    Finally, NMFS notes that it has received a petition from the 
Western Pacific Fisheries Coalition of Kailua, HI, to ban shark 
finning. The proposed rule would address the Coalition's concern about 
the need for action to restrict or prohibit shark finning in waters 
seaward of the inner boundary of the U.S. EEZ. In light of this action, 
NMFS has concluded that it is not necessary to take any action in 
response to that petition.

Public Hearing

    NMFS will hold a public hearing on this proposed rule in Silver 
Spring, MD, on July 11, 2001.

Classification

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS prepared an IRFA that describes the impact this proposed rule 
would have on small entities, if adopted. A copy of this analysis is 
available from NMFS (see ADDRESSES). A summary of the analysis follows.
    The principal effect of this action would be to terminate finning 
and landings of fins by U.S. and foreign vessels in the Western 
Pacific, where persons and businesses will be more seriously affected 
by the elimination of their principal source of shark fins. The 
principal affected entities are: (a) U.S. longline and purse seine 
fishing vessel operators and crew, active in the western Pacific, and 
the businesses that buy and resell shark fins (without corresponding 
carcasses) from these vessels; (b) businesses that buy and export shark 
fins from crew of foreign longline vessels delivering those fins in 
western Pacific ports; and (c) businesses that sell goods and services 
to foreign vessel crew members who receive the revenue from the sale of 
shark fins in U.S. ports. The western Pacific is the only region where 
shark finning by U.S. interests has not previously been regulated under 
Federal or state law, and where delivery of fins by foreign vessels has 
been legal to date. It is not known how dominant a role shark fin trade 
plays in the economic activity of the affected firms; if trade in shark 
fins is all that they engage in, then these firms may be forced to 
cease activity and/or find alternate lines of trade. They may also seek 
ways to find more valuable uses of sharks (e.g., shark meat, cartilage, 
skins) such that more carcasses would be retained with the fins and 
greater values could be derived from the shark catches in the longline 
fishery. However, any such transition is likely to take some time and 
the firms would suffer losses until that time. It is estimated that the 
loss could be between $2-$3 million per year. It is acknowledged that 
there could be reductions in the availability of shark fins for soup 
and other products in the U.S. under the proposed rule. However, to the 
extent that shark fins could be shipped into the U.S. by alternate 
routes to substitute from direct landings, the supply impacts will be 
moderated.
    As this proposed rule applies only to sharks harvested from waters 
seaward of the inner boundary of the U.S. EEZ, it does not conflict 
with any state laws governing fishing activities in state waters. Any 
state laws and regulations with respect to shark fins harvested from 
state waters would be unaffected by this rule as well as would be any 
state law or regulation which are more restrictive with respect to the 
landing of shark fins harvested from waters beyond the inner boundary 
of the U.S. EEZ. NMFS intends to work with those states that do not 
already prohibit the landing of shark fins without the corresponding 
shark carcasses to enact appropriate laws and/or to issue appropriate 
regulations so that the objectives of the Act are fully achieved.
    NMFS initiated an informal consultation on May 31, 2001, with 
regard to the effects of this proposed rule on endangered and 
threatened species under NMFS' jurisdiction. This consultation is 
continuing.
    NMFS provided the U.S. Fish and Wildlife Service (FWS) with the 
draft EA and associated background information on the proposed rule and 
requested that FWS concur with NMFS' determination that the proposed 
rule would not likely adversely affect any threatened or endangered 
species under FWS' jurisdiction.

List of Subjects

50 CFR Part 600

    Fisheries, Fishing.

50 CFR Part 635

    Fisheries, Fishing, Fishing Vessels, Foreign Relations, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Statistics, Treaties.

50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.


[[Page 34404]]


    Dated: June 22, 2001.
William T. Hogarth,
Acting Assistant Administrator for Fisheries, National Marine Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR parts 600, 635, and 
648 are proposed to be amended as follows:

PART 600--MAGNUSON-STEVENS ACT PROVISIONS

    1. The authority citation for part 600 continues to read as 
follows:

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

    2. Subpart M is added to read as follows:

Subpart M--Shark Finning

Sec.
600.1019  Purpose and scope.
600.1020  Relation to other laws.
600.1021  Definitions.
600.1022  Prohibitions.
600.1023  Shark finning; possession at sea and landing of shark 
fins.


Sec. 600.1019  Purpose and scope.

    The regulations in this subpart govern the removal of shark fins 
and discarding the carcass in waters seaward of the inner boundary of 
the U.S. EEZ (i.e., shark finning), and the possession and landing into 
U.S. ports of shark fins harvested in waters seaward of the inner 
boundary of the U.S. EEZ.


Sec. 600.1020  Relation to other laws.

    (a) The relation of this subpart to other laws is set forth in Secs.  
600.514 and 600.705 and in paragraphs (b) and (c) of this section.
    (b) Regulations pertaining to shark conservation and management for 
certain fisheries are also set forth in this subpart and in parts 635 
(for Federal Atlantic Ocean, Gulf of Mexico, and Caribbean shark 
fisheries), 648 (for spiny dogfish fisheries), and 660 (for fisheries 
off West Coast states and in the western Pacific) of this chapter 
governing those fisheries.
    (c) Nothing in this regulation supercedes more restrictive state 
regulations regarding shark finning.
    (d) A person who owns or operates a vessel that has been issued an 
Atlantic Federal commercial shark limited access permit or a spiny 
dogfish permit is subject to the reporting and recordkeeping 
requirements found at parts 635 and 648 of this chapter, respectively.


Sec. 600.1021  Definitions.

    (a) In addition to the definitions in the Magnuson-Stevens Act and 
Sec. 600.10, the terms used in this subpart have the following 
meanings:
    Land or landing means offloading fish from a fishing vessel, 
arriving in port to begin offloading fish, or causing fish to be 
offloaded from a fishing vessel, either to another vessel or to a 
shoreside facility.
    Shark finning means taking a shark, removing a fin or fins (whether 
or not including the tail), and returning the remainder of the shark to 
the sea.
    (b) If there is any difference between the definitions in this 
section and in Sec. 600.10, the definitions in this section are the 
operative definitions for the purposes of the regulations in this 
subpart.


Sec. 600.1022  Prohibitions.

    (a) In addition to the prohibitions in Secs. 600.505 and 600.725, 
it is unlawful for any person or vessel subject to the jurisdiction of 
the United States to:
    (1) Engage in shark finning, as provided in Sec. 600.1023(a).
    (2) Possess shark fins without the corresponding carcasses while on 
board a U.S. fishing vessel, as provided in Sec. 600.1023 (b).
    (3) Land shark fins without the corresponding carcasses, as 
provided in Sec. 600.1023 (c).
    (4) Fail to have all shark fins and carcasses from a U.S. or 
foreign fishing vessel landed at one time and weighed at the time of 
the landing, as provided in Sec. 600.1023 (d).
    (5) Possess, purchase, offer to sell, or sell shark fins taken, 
landed, or possessed in violation of this section, as provided in 
Sec. 600.1023 (e).
    (6) When requested, fail to allow an authorized officer or any 
employee of NMFS designated by a Regional Administrator access to and/
or inspection or copying of any records pertaining to the landing, 
sale, purchase, or other disposition of shark fins and/or shark 
carcasses, as provided in Sec. 600.1023 (f).
    (7) Fail to have shark fins and carcasses recorded as specified in 
Sec. 635.30 (c)(3) of this chapter.
    (8) Fail to have all shark carcasses and fins landed and weighed at 
the same time if landed in an Atlantic coastal port, and to have all 
weights being recorded on the weighout slips specified in Sec. 635.5 
(a)(2) of this chapter.
    (b) For purposes of this section, it is a rebuttable presumption 
that shark fins found on board, or landed by, a fishing vessel were 
taken, held, or landed in violation of this section if the total weight 
of the shark fins on board, or landed, exceeds 5 percent of the total 
dressed weight of shark carcasses on board or offloaded from the 
fishing vessel.


Sec. 600.1023  Shark finning; possession at sea and landing of shark 
fins.

    (a) No person or vessel subject to U.S. jurisdiction shall engage 
in shark finning in waters seaward of the inner boundary of the U.S. 
EEZ.
    (b) No person on a U.S. fishing vessel seaward of the inner 
boundary of the U.S. EEZ shall possess on board shark fins without the 
corresponding carcass(es), except that sharks may be dressed at sea.
    (c) No person on board a U.S. or foreign fishing vessel shall land 
shark fins harvested in waters seaward of the inner boundary of the 
U.S. EEZ without corresponding shark carcasses.
    (d) Except as provided in paragraphs (g) and (h) of this section, a 
person who operates a U.S. or foreign fishing vessel and who lands 
shark fins harvested in waters seaward of the inner boundary of the 
U.S. EEZ shall land all fins and corresponding carcasses from the 
vessel at the same point of landing and shall have all fins and 
carcasses weighed at that time.
    (e) A person may not possess, purchase, offer to sell, or sell 
shark fins taken, landed, or possessed in violation of this section.
    (f) Upon request, a person shall allow an authorized officer or any 
employee of NMFS designated by a Regional Administrator access to, and/
or inspection or copying of, any records pertaining to the landing, 
sale, purchase, or other disposition of shark fins and/or shark 
carcasses.
    (g) A person who owns or operates a vessel that has been issued a 
Federal Atlantic commercial shark limited access permit and who lands 
shark in an Atlantic coastal port must have all fins weighed in 
conjunction with the weighing of the carcasses at the vessel's first 
point of landing. Such weights must be recorded on the weighout slips 
specified in Sec. 635.5 (a)(2) of this chapter.
    (h) A person who owns or operates a vessel that has not been issued 
a Federal Atlantic commercial shark limited access permit and who lands 
shark in or from the EEZ in an Atlantic coastal port must comply with 
regulations found at Sec. 635.30 (c)(4) of this chapter.
    (i) A person who owns or operates a vessel that has been issued a 
Federal Atlantic commercial shark limited access permit and who lands 
shark in an Atlantic coastal port may not sell fins whose wet weight 
exceeds 5 percent of the dressed weight of the carcasses.
    (j) A dealer may not purchase fins from an owner or operator of a 
fishing vessel issued a Federal Atlantic commercial shark limited 
access permit who lands shark in an Atlantic coastal

[[Page 34405]]

 port whose wet weight exceeds 5 percent of the dressed weight of the 
carcasses.

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

    3. The authority citation for part 635 continues to read as 
follows:

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

    4. In Sec. 635.30, paragraphs (c)(1) through (c)(3) are revised to 
read as follows:


Sec. 635.30  Possession at sea and landing.

* * * * *
    (c) Shark. (1) No person shall possess or offload wet shark fins 
harvested in waters seaward of the inner boundary of the U.S. EEZ in a 
quantity that exceeds 5 percent of the dressed weight of the shark 
carcasses. While shark fins are on board and when shark fins are being 
offloaded, persons issued a Federal Atlantic commercial shark limited 
access permit are subject to the regulations at part 600 (subpart M) of 
this chapter.
    (2) A person who owns or operates a vessel that has been issued a 
Federal Atlantic commercial shark limited access permit may not fillet 
a shark at sea. A person may eviscerate and remove the head and fins, 
but must retain the fins with the dressed carcasses. While on board and 
when offloaded, wet shark fins may not exceed 5 percent of the dressed 
weight of the carcasses, in accordance with the regulations at part 600 
(subpart M) of this chapter.
    (3) A person who owns or operates a vessel that has been issued a 
Federal Atlantic commercial shark limited access permit and who lands 
shark in an Atlantic coastal port must have all fins and carcasses 
weighed and recorded on the weighout slips specified in Sec. 635.5 
(a)(2) and in accordance with regulations at part 600 (subpart M) of 
this chapter. The wet fins may not exceed 5 percent of the dressed 
weight of the carcasses.
* * * * *

    5. In Sec. 635.31, paragraphs (c)(3) and (c)(5) are revised to read 
as follows:


Sec. 635.31  Restrictions on sale and purchase.

    (c) * * *
    (3) Regulations governing the harvest, possession, landing, 
purchase, and sale of shark fins are found at part 600 (subpart M) of 
this chapter and Sec. 635.30 (c).
* * * * *
    (5) A dealer may not purchase from an owner or operator of a 
fishing vessel shark fins that were not harvested in accordance with 
the regulations found at part 600 (subpart M) of this chapter and 
Sec. 635.30 (c).
* * * * *

    6. In Sec. 635.71, paragraphs (d)(6) and (d)(7) are revised to read 
as follows:


Sec. 635.71  Prohibitions.

    (d) * * *
    (6) Fail to maintain a shark in its proper form, as specified in 
Sec. 635.30 (c)(4).
    (7) Sell or purchase shark fins that are disproportionate to the 
weight of shark carcasses, as specified in Sec. 635.30 (c)(2) and 
(c)(3) and Sec. 600.1015 (b) of this chapter.
* * * * *

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

    7. The authority citation for part 648 continues to read as 
follows:

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


Sec. 648.14  [Amended]

    8. In Sec. 648.14, paragraphs (aa) (4) through (6) are removed and 
reserved.
[FR Doc. 01-16191 Filed 6-25-01; 4:24 pm]
BILLING CODE 3510-22-S