58366 Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Proposed Rules 

Community Conservancy manages the 

Conservancy (unit 1a) of the same name. 

With the exception of the Glendora 

Community Conservancy, these entities 

exceed the threshold established for 

small governments (service population 

of 50,000 or less). Therefore, the 

Glendora Community Conservancy is 

the only land manager considered in 

this screening analysis. 

The DEA (See Section 6) estimates 

potential costs to public and private 

land management entities. Of the 

entities analyzed, the Glendora 

Community Conservancy is the only 

small entity. This section estimates 

potential impacts of Brodiaea filifolia 

conservation activities to the 

Conservancy. 

The Conservancy’s overall annual 

budget ranges from $15,000 to $30,000 

and includes such elements as 

insurance, discounted land taxes, weed 

abatement, and trail maintenance. The 

analysis estimates that potential future 

costs associated with Brodiaea filifolia 

conservation activities at the 

Conservancy may range from $1,600 to 

$2,600 on an annualized basis 

(assuming a seven percent discount 

rate). These costs represent 

approximately 11 percent to 17 percent 

of annual expenditures assuming the 

low-end estimate of the annual budget 

($15,000) and 5 percent to 9 percent 

assuming the high-end estimate 

($30,000). Considering that the Glendora 

Community Conservancy is in the 

business of conservation, this is not an 

unexpected expenditure for the 

Conservancy. Consequently, we do not 

believe that the designation of critical 

habitat for B. filifolia will significantly 

or uniquely affect any small 

governmental entity addressed in the 

DEA. As such, a Small Government 

Agency Plan is not required. 

Takings 

In accordance with Executive Order 

12630 (‘‘Government Actions and 

Interference with Constitutionally 

Protected Private Property Rights’’), we 

have analyzed the potential takings 

implications of proposing critical 

habitat for Brodiaea filifolia. Critical 

habitat designation does not affect 

landowner actions that do not require 

Federal funding or permits, nor does it 

preclude development of habitat 

conservation programs or issuance of 

incidental take permits to permit actions 

that do require Federal funding or 

permits to go forward. In conclusion, 

the designation of critical habitat for B. 

filifolia does not pose significant takings 

implications. 

Author 

The primary authors of this notice are 

the staff of the Carlsbad Fish and 

Wildlife Office (see ADDRESSES section). 

Authority 

The authority for this action is the 

Endangered Species Act of 1973 (16 

U.S.C. 1531 et seq.). 

Dated: September 26, 2005. 

Craig Manson, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 05–20050 Filed 10–5–05; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 050927248–5248–01; I.D. 

090805C] 

RIN 0648–AT74 

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 2006 first trimester season 

quotas for large coastal sharks (LCS) and 

small coastal sharks (SCS) based on 

over- and underharvests from the 2005 

first trimester season. 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 November 7, 2005. 

ADDRESSES: Written comments on the 

proposed rule may be submitted to 

Chris Rilling, Highly Migratory Species 

Management Division via: 

• E-mail: SF1.090805C@noaa.gov. 

• Mail: 1315 East-West Highway, 

Silver Spring, MD 20910. Please mark 

the outside of the envelope ‘‘Comments 

on Proposed Rule for 1st 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. 

090805C. 

FOR FURTHER INFORMATION CONTACT: 

Chris Rilling or Karyl Brewster-Geisz by 

phone: 301–713–2347 or by fax: 301–

713–1917. 

SUPPLEMENTARY INFORMATION: 

Proposed Opening and Closing Dates 

and Quotas 

Proposed opening and closing dates 

and quotas for the 2006 first trimester 

season by region are provided in Table 

1. 

TABLE 1 — PROPOSED OPENING AND CLOSING DATES AND QUOTAS

Species Group Region Opening Date Closing Date Quota 

Large Coastal Sharks Gulf of Mexico January 1, 2006 April 15, 2006 11:30 

p.m. local time 

222.8 mt dw (491,185 

lb dw) 

South Atlantic March 15, 2006 11:30 

p.m. local time 

141.3 mt dw (311,510 

lb dw) 

North Atlantic April 30, 2006 11:30 

p.m. local time 

5.3 mt dw (11,684 lb 

dw) 

Small Coastal Sharks Gulf of Mexico January 1, 2006 To be determined, as 

necessary 

14.8 mt dw (32,628 lb 

dw) 

South Atlantic 284.6 mt dw (627,429 

lb dw) 

Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Proposed Rules 58367 

TABLE 1 — PROPOSED OPENING AND CLOSING DATES AND QUOTAS—Continued 

Species Group Region Opening Date Closing Date Quota 

North Atlantic 18.7 mt dw (41,226 lb 

dw) 

Blue sharks No regional quotas To be determined, as 

necessary 

91 mt dw (200,619 lb 

dw) 

Porbeagle sharks January 1, 2006 30.7 mt dw (67,681 lb 

dw) 

Pelagic sharks other than blue or porbeagle 162.7 mt dw (358,688 

lb dw) 

Background 

The Atlantic shark fishery is managed 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act). The Fishery Management Plan 

(FMP) for Atlantic Tunas, Swordfish, 

and Sharks, finalized in 1999, and 

Amendment 1 to the FMP for Atlantic 

Tunas, Swordfish, and Sharks 

(Amendment 1), finalized in 2003, are 

implemented by regulations at 50 CFR 

part 635. 

On December 24, 2003, NMFS 

published a final rule (68 FR 74746) for 

Amendment 1 that established, among 

other things, an annual landings quota 

of 1,017 metric tons (mt) dressed weight 

(dw) for LCS, and an annual landings 

quota of 454 mt dw for SCS. The final 

rule also established regional LCS and 

SCS quotas for the commercial shark 

fishery in the Gulf of Mexico (Texas to 

the west coast of Florida), South 

Atlantic (east coast of Florida to North 

Carolina and the Caribbean), and North 

Atlantic (Virginia to Maine). The quota 

for LCS was split among the three 

regions based upon historic landings. 

On November 30, 2004, NMFS 

published a final rule (69 FR 69537) 

that, among other things, adjusted the 

2005 regional quotas for LCS and SCS 

based on updated landings information, 

divided the quotas among the three 

trimester seasons, and implemented a 

new process for notifying participants of 

season opening and closing dates and 

quotas. 

Consistent with 50 CFR 

635.27(b)(1)(iii), as adjusted by the 2004 

final rule, 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 were divided equally between 

the trimester seasons in the South 

Atlantic and the Gulf of Mexico, and 

according to historical landings of 4, 88, 

and 8 percent for LCS, and 1, 9, and 90 

percent for SCS in the first, second, and 

third trimester seasons, respectively, in 

the North Atlantic. 

The quotas were divided in this 

manner because sharks are available 

throughout much of the year in the Gulf 

of Mexico and South Atlantic regions, 

but primarily during the summer 

months in the North Atlantic region. 

Dividing the quotas equally between the 

three trimester seasons in the South 

Atlantic also resulted in a greater 

proportion of the quota being made 

available during August and September 

when the time/area closure off North 

Carolina is no longer in effect. 

Consistent with 50 CFR 

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

underharvest in a given region from the 

2005 first trimester season will be 

carried over to the 2006 first trimester 

season. This action would not change 

the 2006 base landings quota or the 

2006 regional quotas established in the 

November 30, 2004, final rule. 

In addition, the November 30, 2004, 

final rule established a process for 

issuing proposed and final rules to 

notify interested parties of season 

lengths and quotas and to facilitate 

public comment. 

Annual Landings Quotas 

Pursuant to Amendment 1, the 2006 

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 2006 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. 

As of August 22, 2005, the overall 

2005 first trimester season quotas for 

LCS and SCS had not been exceeded. 

Reported landings of LCS for all regions 

combined were at 84 percent (249.6 mt 

dw) of the LCS first trimester season 

quota (295.9 mt dw), and SCS landings 

for all regions combined were at 30 

percent (74.6 mt dw) of the overall SCS 

trimester quota (246.0 mt dw). 

Gulf of Mexico Regional Landings 

Quotas 

For all regions, the proposed quotas 

may change depending on any updates 

to the reported landings from the 2005 

first trimester season. In 2005, 

preliminary data indicate that for LCS, 

the Gulf of Mexico had an underharvest 

of 46.7 mt dw in the first trimester 

season. As a result, the Gulf of Mexico 

LCS quota for the 2006 first trimester 

season is proposed to be 222.8 mt dw, 

((1,017*0.52*0.333)+46.7). 

In 2005, preliminary data indicate 

that for SCS, the Gulf of Mexico had an 

overharvest of 0.3 mt dw in the first 

trimester season. As a result, the Gulf of 

Mexico SCS quota for the 2006 first 

trimester season is proposed to be 14.8 

mt dw, ((454*0.10*0.333)-0.3). 

South Atlantic Regional Landings 

Quotas 

In 2005, preliminary data indicate 

that for LCS, the South Atlantic had an 

underharvest of 2.4 mt dw in the first 

trimester season. As a result, the South 

Atlantic LCS quota for the 2006 first 

trimester season is proposed to be 141.3 

mt dw, ((1,017*0.41*0.333)+2.4). 

In 2005, preliminary data indicate 

that for SCS, the South Atlantic had an 

underharvest of 153.1 mt dw in the first 

trimester season. As a result, the South 

Atlantic SCS quota for the 2006 first 

trimester season is proposed to be 284.6 

mt dw, ((454*0.87*0.333)+153.1). 

North Atlantic Regional Landings 

Quotas 

In 2005, preliminary data indicate 

that for LCS, the North Atlantic had an 

underharvest of 2.5 mt dw in the first 

trimester season. The North Atlantic 

LCS quota for the 2006 first trimester 

58368 Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Proposed Rules 

season is proposed to be 5.3 mt dw, 

((1,017*0.07*0.04)+2.5). 

In 2005, preliminary data indicate 

that for SCS, the North Atlantic had an 

underharvest of 18.6 mt dw in the first 

trimester season. As a result, the North 

Atlantic SCS quota for the 2006 first 

trimester season is proposed to be 18.7 

mt dw, ((454*0.03*0.01)+18.6). 

Pelagic Shark Quotas 

As of August 2005, approximately 

23.1 mt dw had been reported landed in 

the 2005 first trimester fishing season 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)(iv). The 2006 first 

trimester season 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 Fishing Season Notification 

for the First Trimester Season 

The first trimester fishing season of 

the 2006 fishing year for SCS, pelagic 

sharks, blue sharks, and porbeagle 

sharks in the northwestern Atlantic 

Ocean, including the Gulf of Mexico 

and the Caribbean Sea, is proposed to 

open on January 1, 2006. 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 

Federal Register at least 14 days before 

the effective date, consistent with 50 

CFR 635.28(b)(2). 

The first trimester fishing season of 

the 2006 fishing year for LCS is 

proposed to open on January 1, 2006, in 

the South Atlantic, North Atlantic, and 

Gulf of Mexico regions. To estimate the 

LCS fishery closing dates for the first 

trimester season, NMFS calculated the 

average catch rates from January 

through April during the first season in 

recent years (2002–2005). Because state 

landings during a Federal closure are 

counted against the quota, NMFS also 

calculated the average amount of quota 

reported received during the Federal 

closure dates of the years used to 

estimate catch rates. 

Pursuant to 50 CFR 635.5(b)(1), shark 

dealers must report any sharks received 

twice a month. More specifically, sharks 

received between the first and 15th of 

every month must be reported to NMFS 

by the 25th of that same month and 

those received between the 16th and the 

end of the month must be reported to 

NMFS by the 10th of the following 

month. Thus, in order to provide 

consistency and predictability in 

managing the fishery, NMFS proposes to 

close the Federal LCS fishery on either 

the 15th or the end of any given month. 

Based on the average January through 

April LCS catch rates in recent years in 

the Gulf of Mexico region, 

approximately 91 percent of the 

available first trimester LCS quota 

(222.8 mt dw) would likely be taken by 

the second week in April, and 103 

percent of the available LCS quota 

would likely be taken by the end of 

April. Dealer data also indicate that, on 

average, approximately 5.4 mt dw of 

LCS has been reported received by 

dealers during a Federal closure. This is 

approximately 2.4 percent of the 

proposed available quota. If catch rates 

in 2006 are similar to the average catch 

rates from 2002 through 2005, 93.4 

percent (91 + 2.4 percent) of the first 

trimester quota could be caught by the 

second week in April. If the fishery 

remains open until the end of April, the 

quota could be exceeded (103 + 2.4 = 

105.4 percent). Thus, NMFS proposes to 

close the fishery in the Gulf of Mexico 

on April 15, 2006. 

Based on the average January through 

April LCS catch rates in recent years in 

the South Atlantic region, and 

accounting for the reduction in effort 

due to the time/area closure off North 

Carolina, approximately 79 percent of 

the available first trimester LCS quota 

(141.3 mt dw) would likely be taken by 

the second week in March, and 88 

percent of the available LCS quota 

would likely be taken by the end of 

March. Dealer data also indicate that, on 

average, approximately 28 mt dw of LCS 

has been reported received by dealers 

during a Federal closure. This is 

approximately 20 percent of the 

proposed available quota. If catch rates 

in 2006 are similar to the average catch 

rates from 2002 through 2005, 99 

percent (79 + 20 percent) of the first 

trimester quota could be caught by the 

second week in March. If the fishery 

remains open until the end of March, 

the quota could be exceeded (88 + 20 = 

108 percent). Thus, NMFS proposes to 

close the fishery in the South Atlantic 

on March 15, 2006. 

Based on the average January through 

April LCS catch rates in recent years in 

the North Atlantic region, 

approximately 57 percent of the 

available first trimester LCS quota (5.4 

mt dw) would likely be taken by the end 

of April. Dealer data also indicate that 

no LCS landings have been reported 

received by dealers after a Federal 

closure and before the start of the 

second trimester season on May 1, 2006. 

Accordingly, NMFS proposes to close 

the fishery in the North Atlantic on 

April 30, 2006. 

Request for Comments 

Comments on the proposed rule may 

be submitted via email, mail, or fax by 

November 7, 2005 (see DATES and 

ADDRESSES). 

Classification 

This proposed rule is published under 

the authority of the Magnuson-Stevens 

Act, 16 U.S.C. 1801 et seq. Consistent 

with 50 CFR 635.27(b)(1)(vi), the 

purpose of this action is to adjust the 

LCS trimester quotas based on over- or 

underharvests from the 2005 fishing 

season, and to announce the 2006 first 

trimester season opening and closing 

dates. This proposed rule will not 

increase the overall quotas or landings 

for LCS or SCS, and is not expected to 

increase fishing effort or protected 

species interactions. 

On November 30, 2004, NMFS 

published a final rule (69 FR 69537) 

that, among other things, adjusted the 

2005 regional quotas for LCS and SCS 

based on updated landings information 

and divided the quotas among the three 

trimester seasons. A final regulatory 

flexibility analysis (FRFA) conducted 

for the November 2004 rule indicated 

that there were approximately 253 

directed commercial shark permit 

holders, 358 incidental commercial 

shark permit holders, and 267 

commercial shark dealers, all of which 

are considered small entities according 

to the Small Business Administration’s 

standard for defining a small entity (5 

U.S.C. 603(b)(3)). The FRFA concluded 

that overall economic impacts of 

adjusting the regional quotas on these 

small entities were expected to be 

minimal. As of April 20, 2005, there 

were approximately 229 directed 

commercial shark permit holders, 321 

incidental commercial shark permit 

holders, and 230 commercial shark 

dealers. 

This proposed rule would not change 

the overall LCS or SCS base landings 

quotas or the overall regional quotas 

established in the November 2004 rule, 

or implement any new management 

measures not previously considered, 

and is not expected to increase fishing 

effort or protected species interactions. 

This proposed rule would adjust the 

quotas for each of the regions based on 

underharvests from the 2005 first 

trimester season consistent with 50 CFR 

635.27(b)(1)(vi). 

The Gulf of Mexico was the only 

region with an overharvest of 0.3 mt dw 

of its SCS quota, and will have its SCS 

regional quota lowered by this 

corresponding amount. The 2003 

average ex-vessel price for LCS flesh 

was $0.78/lb dw, and the average exVerDate Aug<31>2005 15:32 Oct 05, 2005 Jkt 208001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\06OCP1.SGM 06OCP1
Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Proposed Rules 58369 

vessel price for SCS flesh was $0.43/lb 

dw. Although shark fins command a 

higher price ($17.09/lb dw), they 

represent only a small proportion of the 

total landings. The Gulf of Mexico 

experienced a net underharvest of 46.7 

mt dw (+$80,304, excluding fins) of 

LCS, and a net overharvest of 0.3 mt dw 

(-$284) of SCS during the 2005 first 

trimester season. Thus the net economic 

impact to the Gulf of Mexico is 

approximately +$80,020. This 

represents approximately 20 percent of 

the estimated 2006 first trimester gross 

revenue of $397,154, ($383,124 for LCS, 

excluding fins, + $13,875 for SCS) for 

the Gulf of Mexico region. Given that 

there are approximately 35 active shark 

vessels (defined as vessels with greater 

than 25 percent of landings derived 

from sharks as reported in the snappergrouper logbook) in the Gulf of Mexico, 

this could result in an increase in 

revenue of approximately $2,286 per 

vessel during the 2006 first trimester 

season. 

For the South Atlantic and North 

Atlantic, which both experienced 

underharvests of 2.4 and 2.5 mt dw for 

LCS, respectively, and 153.1 and 18.6 

mt dw for SCS, respectively, during the 

2005 first trimester season, the net 

economic impact would also be 

positive. For the South Atlantic, if the 

entire quota is caught, this could result 

in a net economic benefit of 

approximately $149,262, ($4,127 for 

LCS, excluding fins, + $145,135 for 

SCS). This represents approximately 29 

percent of the estimated 2006 first 

trimester season gross revenue of 

$512,771, ($242,977 for LCS, excluding 

fins, + $269,794 for SCS) for the South 

Atlantic region. Given that there are 

approximately 28 active shark vessels in 

the South Atlantic, this could result in 

an increase in revenue of approximately 

$5,330 per vessel during the 2006 first 

trimester season. 

For the North Atlantic, if the entire 

quota is caught, this could result in an 

economic benefit of approximately 

$4,299 for LCS, excluding fins, + 

$17,632 for SCS. This represents 

approximately 16 percent of the 2006 

first trimester season gross revenue of 

$26,840, ($9,113 for LCS, excluding fins, 

+ $17,727 for SCS) for the North 

Atlantic region. Given that there are 

fewer than 10 active shark vessels in the 

North Atlantic, this could result in an 

increase in revenue of approximately 

$2,684 per vessel during the 2006 first 

trimester season. The increases in 

possible revenue as a result of 

transferring the underharvests are only 

potential amounts that may or may not 

be realized. If it is not realized, then 

there would be no economic impact 

because the fishermen did not receive 

any benefit from the transfer. If it is 

realized, then it will result in a positive 

impact as described above. Thus, the 

Chief Counsel for Regulation at the 

Department of Commerce certified to 

the Chief Counsel for Advocacy at the 

Small Business Administration that this 

action would not have a significant 

economic impact on a substantial 

number of small entities beyond those 

considered in Amendment 1, or the 

November 2004 final rule (69 FR 69537). 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

NMFS has determined preliminarily 

that these regulations would be 

implemented in a manner consistent to 

the maximum extent practicable with 

the enforceable policies of those coastal 

states on the Atlantic including the Gulf 

of Mexico and Caribbean that have 

approved coastal zone management 

programs. Letters have been sent to the 

relevant states asking for their 

concurrence. 

Dated: October 3, 2005. 

William T. Hogarth, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 05–20111 Filed 10–3–05; 2:24 pm] 

BILLING CODE 3510–22–S