[Federal Register Volume 70, Number 230 (Thursday, December 1, 2005)]
[Rules and Regulations]
[Pages 72080-72082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23532]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 050927248-5310-02; 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: Final rule; fishing season notification.

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SUMMARY: This rule establishes 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 establishes the opening and closing dates for the 
LCS fishery based on adjustments to the trimester quotas. This action 
could affect all commercial fishermen in the Atlantic commercial shark 
fishery. This action is necessary to ensure that the landings quotas in 
the Atlantic commercial shark fishery represent the latest landings 
data.

DATES: This rule is effective January 1, 2006. The Atlantic commercial 
shark fishing season opening and closing dates and quotas for the 2006 
first trimester season by region are provided in Table 1 under 
Supplementary Information.

ADDRESSES: For copies of this rule, write to Highly Migratory Species 
Management Division, 1315 East-West Highway, Silver Spring, MD 20910. 
Copies are also available on the internet at http://www.nmfs.noaa.gov/sfa/hms.

FOR FURTHER INFORMATION CONTACT: Chris Rilling or Karyl Brewster-Geisz 
by phone: 301-713-2347 or by fax: 301-713-1917.

SUPPLEMENTARY INFORMATION: The Atlantic shark fishery is managed under 
the authority of the Magnuson-Stevens 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. Information regarding the rules establishing the regional 
quotas and the procedures for calculating the quotas was provided in 
the proposed rule (October 6, 2005; 70 FR 58366) and is not repeated 
here.

Opening and Closing Dates and Quotas

    The final opening and closing dates and quotas for the 2006 first 
trimester season by region are provided in Table 1.

[[Page 72081]]



          Table 1.--Final Opening and Closing Dates and Quotas
------------------------------------------------------------------------
                                         Opening    Closure
        Species Group          Region     Date       Date        Quota
------------------------------------------------------------------------
Large Coastal Sharks          Gulf of   ........  April 15,   222.8 mt
                               Mexico              2006        dw
                                                  11:30 p.m.  (491,185
                                                   local       lb dw)
                                                   time
                             ----------          -----------------------
                              South     January   March 15,   141.3 mt
                               Atlanti   1, 2006   2006        dw
                               c                  11:30 p.m.  (311,510
                                                   local       lb dw)
                                                   time
                             ----------          -----------------------
                              North     ........  April 30,   5.3 mt dw
                               Atlanti             2006       (11,684 lb
                               c                  11:30 p.m.   dw)
                                                   local
                                                   time
------------------------------------------------------------------------
Small Coastal Sharks          Gulf of   ........  ..........  14.8 mt dw
                               Mexico                         (32,628 lb
                                                               dw)
                             ----------                      -----------
                              South     January   To be       284.6 mt
                               Atlanti   1, 2006   determine   dw
                               c                   d, as      (627,429
                                                   necessary   lb dw)
                             ----------                      -----------
                              North     ........  ..........  18.7 mt dw
                               Atlanti                        (41,226 lb
                               c                               dw)
------------------------------------------------------------------------
Blue sharks                   No        ........  ..........  91 mt dw
                               regiona                        (200,619
                               l                               lb dw)
                               quotas
-----------------------------                                -----------
Porbeagle sharks              ........  January   To be       30.7 mt dw
                                         1, 2006   determine  (67,681 lb
                                                   d, as       dw)
                                                   necessary
-----------------------------                                -----------
Pelagic sharks other than     ........  ........  ..........  162.7 mt
 blue or porbeagle                                             dw
                                                              (358,688
                                                               lb dw)
------------------------------------------------------------------------

Response to Comments

    Comments on the October 6, 2005, proposed rule (70 FR 58366) 
received during the public comment period are summarized below, 
together with NMFS' responses.
    Comment 1: NMFS should stop all commercial shark fishing and should 
not use catch data from the commercial shark fishing industry to 
establish population numbers.
    Response: NMFS established a rebuilding plan for LCS in 2003 to 
stop overfishing and address the overfished status of the LCS complex, 
thus ensuring a sustainable harvest of LCS consistent with the 
Magnuson-Stevens Act. SCS, other than finetooth sharks, and pelagic 
sharks are not overfished and overfishing is not occurring. Finetooth 
shark overfishing is being addressed in the Draft Consolidated HMS FMP. 
NMFS relies on a number of both fishery dependent and independent data 
sources, including landings information from fishermen and dealers, in 
conducting stock assessments and establishing commercial quotas. NMFS 
does not believe that stopping all commercial shark fishing is 
warranted. Thus, stopping all commercial fishing could, needlessly, 
force out of business a number of businesses, including fishermen, 
processors, suppliers, and dealers and could, again needlessly, 
adversely affect a number of communities, including recreational 
fishing communities, would be adversely affected. The Magnuson-Stevens 
Act requires that NMFS maximize the economic benefit of all fishery 
resources. This includes the harvest of Atlantic sharks, for which 
there has been a management plan in place since the early 1990's.
    Comment 2: NMFS should reduce shark harvests until the fishery has 
stabilized.
    Response: The current rebuilding plan implemented in 2003, reduced 
the LCS quotas to 1,017 mt dw, thus ensuring a sustainable fishery and 
viability of Atlantic shark populations in compliance with the 
requirements of the Magnuson-Stevens Act and other domestic laws. NMFS 
believes that the current harvest levels are appropriate and is 
currently conducting a stock assessment for LCS. If necessary, NMFS 
will adjust the LCS quota based on the results of the stock assessment 
and any other relevant information.

Changes From the October 6, 2005, Proposed Rule (70 FR 58366)

    NMFS is not implementing any changes to the proposed rule. The 
provisions published in the proposed rule are adopted as final.

Classification

    This temporary rule is published under the authority of the 
Magnuson-Stevens Act, 16 U.S.C. 1801 et seq. 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.
    The factual basis for this certification was published in the 
October 16, 2005, proposed rule (70 FR 58366). No comments were 
received regarding the economic impact of this rule, and no changes to 
the certification were made. As a result, no Final Regulatory 
Flexibility Act analysis was prepared. This final rule will not 
increase overall quotas, landings, or regional percentages for LCS or 
SCS, implement any new management measures not previously considered, 
and is not expected to increase fishing effort or protected species 
interactions.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS determined that this rule will be implemented in a manner that 
is consistent, to the maximum extent practicable, with the enforceable 
policies of the approved coastal zone management (CZM) programs of 
coastal states in the Atlantic, Gulf of Mexico, and Caribbean. NMFS 
asked for states' concurrence with this determination during the 
proposed rule stage. Florida, Mississippi, Rhode Island, New Hampshire, 
Massachusetts, North Carolina, and Pennsylvania replied affirmatively 
regarding the consistency determination, and one state (Texas) 
indicated that its CZM program no longer issues consistency 
determinations for federally managed

[[Page 72082]]

fishing activities. NMFS presumes that the remaining states that have 
not yet responded concur with the determination.

    Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.

    Dated: November 28, 2005.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 05-23532 Filed 11-30-05; 8:45 am]
BILLING CODE 3510-22-S