[Federal Register Volume 73, Number 89 (Wednesday, May 7, 2008)]
[Notices]
[Pages 25665-25667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-1225]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-AW65


Atlantic Highly Migratory Species; Atlantic Shark Management 
Measures

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

ACTION: Stock Status Determinations; Notice of Intent (NOI) to prepare 
an Environmental Impact Statement (EIS); request for comments.

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SUMMARY: Based on the 2007 small coastal sharks (SCS) stock assessment, 
NMFS is declaring blacknose sharks to be overfished with overfishing 
occurring. As such, NMFS announces its intent to prepare an EIS under 
the National Environmental Policy Act (NEPA). This EIS would assess the 
potential effects on the human environment of the proposed action taken 
to rebuild blacknose sharks and prevent overfishing per the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). 
The EIS would amend the 2006 Consolidated Highly Migratory Species 
(HMS) Fishery Management Plan (FMP) and examine management alternatives 
available to rebuild blacknose sharks. NMFS is requesting comments on a 
range of commercial and recreational management measures in both 
directed and incidental fisheries including, but not limited to, quota 
levels, regional and seasonal quotas, retention limits, minimum sizes, 
and time/area closures.

DATES: Comments on this action must be received no later than 5 p.m., 
local time, on August 5, 2008.

ADDRESSES: Written comments on this action should be mailed to Karyl 
Brewster-Geisz, Highly Migratory Species Management Division by any of 
the following methods:
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#bcefffefe3efdfd3ccd5d2dbfcd2d3dddd92dbd3ca"><span class="__cf_email__" data-cfemail="540717070b07373b243d3a33143a3b35357a333b22">[email protected]</span></a>.

[[Page 25666]]

    <bullet> Written: 1315 East-West Highway, Silver Spring, MD 20910. 
Please mark the outside of the envelope ``Scoping Comments on Amendment 
3 to HMS FMP.''
    <bullet> Fax: (301) 713-1917.
    For a copy of the stock assessments, please contact Jessica Beck 
(301) 713-2347.

FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz (301) 713-2347 or 
Jackie Wilson (240) 338-3936.

SUPPLEMENTARY INFORMATION: 
    The Atlantic shark fisheries are managed under the authority of the 
Magnuson-Stevens Act. The Consolidated HMS FMP is implemented by 
regulations at 50 CFR part 635.

Determination of Overfished Shark Fisheries

    NMFS' determination of the status of a stock relative to 
overfishing and an overfished condition is based on both the removal of 
fish from the stock through overfishing (the exploitation rate) and the 
current stock size. Thresholds used to determine the status of Atlantic 
HMS are fully described in Chapter 3 of the 1999 FMP for Atlantic 
Tunas, Swordfish, and Shark. A species is considered overfished when 
the current biomass is less than the minimum stock size threshold. The 
minimum stock size threshold is determined based on the natural 
mortality of the stock and the biomass at maximum sustainable yield 
(B<INF>MSY</INF>). Maximum sustainable yield is the maximum long-term 
average yield that can be produced by a stock on a continuing basis. 
The biomass can be lower than B<INF>MSY</INF>, and the stock not 
declared overfished as long as the biomass is above the biomass at the 
minimum stock size threshold.
    Overfishing may be occurring on a species if the current fishing 
mortality is greater than the fishing mortality (F) at maximum 
sustainable yield (F<INF>MSY</INF>) (F>F<INF>MSY</INF>). In the case of 
F, the maximum fishing mortality threshold is F<INF>MSY</INF>. Thus, if 
F exceeds F<INF>MSY</INF>, the stock is experiencing overfishing.

A. Small Coastal Sharks (SCS)

    The latest 2007 stock assessment of SCS in the U.S. Atlantic and 
Gulf of Mexico was recently completed (72 FR 63888, November 13, 2007). 
This peer-reviewed assessment, which was conducted according to the 
Southeast Data, Assessment, and Review (SEDAR) process, provides an 
update from the 2002 stock assessment on the status of SCS stocks and 
projects their future abundance under a variety of catch levels in the 
U.S. Atlantic Ocean, Gulf of Mexico, and Caribbean Sea. The 2007 
assessment includes updated catch estimates, new biological data, and a 
number of fishery-independent catch rate series, as well as fishery-
dependent catch rate series.
    The peer reviewers determined that the data used in the 2007 stock 
assessment of the SCS complex and the individual species within the 
complex were considered the best available at the time and the 
assessment was considered adequate. However, because the species were 
individually assessed, the peer reviewers recommended using species-
specific results rather than on the aggregated SCS complex results. As 
a result of this recommendation, and because the stock assessment 
covered all SCS species, NMFS will no longer provide status updates or 
determinations on the SCS complex as a whole.

B. Finetooth Sharks

    According to the 2002 SCS stock assessment, finetooth sharks were 
experiencing overfishing. However, the 2007 SCS stock assessment found 
that finetooth sharks are not overfished (N<INF>2005</INF>/N<INF>MSY</INF> 
= 1.80) and overfishing is not occurring (F<INF>2005</INF>/F<INF>MSY</INF> 
= 0.17) (Table 1). Based on this, NMFS has determined that finetooth 
sharks are not overfished and no overfishing is occurring. However, 
NMFS also notes that while the peer reviewers agreed that it is 
reasonable to conclude that the stock is not currently overfished, they 
also indicated that given the limited data available on the population 
dynamics for finetooth, management should be cautious.

C. Blacknose Sharks

    The 2002 SCS stock assessment found that blacknose were not 
overfished and overfishing was not occurring. However, the 2007 stock 
assessment for blacknose sharks indicates that spawning stock fecundity 
(SSF), i.e., number of reproductive-age individuals in a population, in 
2005 and during 2001-2005 was smaller than SSF<INF>MSY</INF> 
(SSF<INF>2005</INF>/SSF<INF>MSY</INF> = 0.48) (Table 1). Therefore, 
NMFS has determined that blacknose sharks are overfished. In addition, 
the estimate of fishing mortality rate in 2005 and the average for 
2001-2005 was greater than F<INF>MSY</INF>, and the ratio was 
substantially greater than 1 in both cases (F<INF>2005</INF>/F<INF>MSY</INF> 
= 3.77). Based on these results, NMFS has determined that blacknose 
sharks are experiencing overfishing. The assessment recommended a 
rebuilding plan with 70 percent probability of recovering to 
SSF<INF>MSY</INF> by 2019. This recommended rebuilding time is 11 years 
from 2009. A constant TAC of 19,200 individuals would lead to 
rebuilding with 70 percent probability by 2027. The constant TAC also 
allows for rebuilding with 50 percent confidence by 2024.

D. Atlantic Sharpnose Sharks

    The 2002 SCS stock assessment found that Atlantic sharpnose sharks 
were not overfished and overfishing was not occurring. The 2007 
assessment for Atlantic sharpnose sharks also indicated that the stock 
is not overfished (SSF<INF>2005</INF>/SSF<INF>MSY</INF> = 1.47) and 
that no overfishing is occurring (F<INF>2005</INF>/F<INF>MSY</INF> = 
0.74) (Table 1). Based on these results, NMFS has determined that the 
Atlantic sharpnose sharks are not overfished with no overfishing 
occurring. However, because estimates of F from the assessment indicate 
that F is close to, but presently below, F<INF>MSY</INF> (i.e., 
overfishing is not occurring), the peer reviewers suggest setting a 
threshold for F to keep it below the F<INF>MSY</INF> threshold to 
prevent overfishing in the future.

E. Bonnethead Sharks

    Based on the bonnethead stock assessment, the peer reviewers 
determined that bonnethead sharks are not overfished 
(SSF<INF>2005</INF>/SSF<INF>MSY</INF> = 1.13). In addition, the 
estimate of fishing mortality rate in 2005 was less than 
F<INF>MSY</INF>, (F<INF>2005</INF>/F<INF>MSY</INF> = 0.61) (Table 1), 
thus overfishing was not occurring. As a result, NMFS has determined 
that bonnethead sharks are not overfished with no overfishing 
occurring. However, fishing mortality rates in the recent past have 
fluctuated above and below F<INF>MSY</INF>.
    Copies of the 2007 SCS stock assessment are available for review 
(see ADDRESSES).

[[Page 25667]]



    Table 1. Summary Table of Biomass and Fishing Mortality for Small
                          Coastal Sharks SCS).
  Source: SEDAR 13 Stock Assessment Panel, July 9, 2007. Age-structured
   State-Space Age-Structured Production Models (SPASMs) were used for
bonnethead, Atlantic sharpnose, and blacknose sharks. Surplus production
 Bayesian Surplus Production (BSP) models were used for the SCS complex
                          and finetooth sharks.
Species                        Curre  Curr  Stoc  Mini  Curr  Maxi  Outl
                                nt     ent   k     mum   ent   mum   ook
                                Rela   Bio   Abu   Sto   Rel   Fis
                                tive   mas   nda   ck    ati   hin
                                Biom   s     nce   Siz   ve    g
                                ass   (N<INF>20</INF>  (N<INF>MS</INF>   e     Fis   Mor
                                Leve   <INF>05</INF>)   <INF>Y</INF>)    Thr   hin   tal
                                l\*\               esh   g     ity
                                                   old   Mor   Thr
                                                  (MSS   tal   esh
                                                   T)    ity   old
                                                         Rat  (F<INF>MS</INF>
                                                         e     <INF>Y</INF>)
                                                        (F<INF>20</INF>
                                                         <INF>05</INF>/
                                                         F<INF>MS</INF>
                                                         <INF>Y</INF>)
------------------------------------------------------------------------
Atlantic Sharpnose Sharks      1.47   5.96  4.45  4.09  0.74  0.19  Not
                               (SSF<INF>2</INF>   E+0   E+0   E+0               ove
                                <INF>005</INF>/   6     6     6                 rfi
                                SSF<INF>M</INF>                                 she
                                <INF>SY</INF>)                                  d;
                                                                     ove
                                                                     rfi
                                                                     shi
                                                                     ng
                                                                     is
                                                                     not
                                                                     occ
                                                                     urr
                                                                     ing
------------------------------------------------------------------------
Blacknose Sharks               0.48   3.49  5.7E  4.3E  3.77  0.07  Over
                               (SSF<INF>2</INF>   E+0   +05   +05               fis
                                <INF>005</INF>/   5                             hed
                                SSF<INF>M</INF>                                 ;
                                <INF>SY</INF>)                                  Ove
                                                                     rfi
                                                                     shi
                                                                     ng
                                                                     is
                                                                     occ
                                                                     urr
                                                                     ing
------------------------------------------------------------------------
Bonnethead Sharks              1.13   1.59  1.92  1.4E  0.61  0.31  Not
                               (SSF<INF>2</INF>   E+0   E+0   +06               ove
                                <INF>005</INF>/   6     6                       rfi
                                SSF<INF>M</INF>                                 she
                                <INF>SY</INF>)                                  d;
                                                                     ove
                                                                     rfi
                                                                     shi
                                                                     ng
                                                                     is
                                                                     not
                                                                     occ
                                                                     urr
                                                                     ing
------------------------------------------------------------------------
Finetooth Sharks               1.80   6.00  3.20  2.4E  0.17  0.03  Not
                               (N<INF>200</INF>   E+0   E+0   +06               ove
                                <INF>5</INF>/     6     6                       rfi
                                N<INF>MSY</INF>                                 she
                                )                                    d;
                                                                     Ove
                                                                     rfi
                                                                     shi
                                                                     ng
                                                                     is
                                                                     not
                                                                     occ
                                                                     urr
                                                                     ing
------------------------------------------------------------------------
\*\Spawning stock fecundity (SSF) or spawning stock number (SSN) was
  used as a proxy of biomass when biomass (B) does not influence pup
  production in sharks. For finetooth stocks, N was used to estimate
  biomass levels due to data limitations; therefore, only surplus
  production models were run.

Request for Comments

    Currently, both commercial and recreational fishermen may target 
Atlantic sharpnose, blacknose, finetooth, and bonnethead sharks. 
Commercial regulations for SCS species include, but are not limited to, 
no retention limit for directed permit holders, 16 pelagic and SCS 
species combined per vessel per trip for incidental permit holders, and 
annual quota of 454 mt dw split between three regions (North Atlantic, 
South Atlantic, and Gulf of Mexico). Amendment 2 to the Consolidated 
HMS FMP proposed combining the SCS regions into one (71 FR 41392). 
Recreational regulations for SCS species include, but are not limited 
to, retention limit of 1 shark per vessel per trip with a 4.5-ft (54-
in) fork length minimum size, plus 1 Atlantic sharpnose and 1 
bonnethead per person per trip (no minimum size).
    NMFS anticipates changes to shark management as a result of the 
latest SCS stock assessment and requests comments on a variety of 
management options for this action. Specifically, NMFS requests 
comments on commercial management options including, but not limited 
to, quota levels, regional and seasonal quotas, trip limits, minimum 
sizes, quota monitoring, authorized gears, permit structure, and 
prohibited species. In addition, NMFS is seeking comments on 
recreational management options including, but not limited to, 
retention limits, minimum sizes, authorized gears, and landing 
requirements. NMFS also seeks comments on display quotas and collection 
of sharks through exempted fishing permits, display permits, and 
scientific research permits. Comments received on this action will 
assist NMFS in determining the options for rulemaking to conserve and 
manage shark resources and shark fisheries, consistent with the 
Magnuson-Stevens Act and the Consolidated HMS FMP. Specifically, 
comments are requested on management measures to reduce fishing 
mortality on blacknose sharks in shrimp trawl fisheries because a 
significant proportion of fishing mortality is occurring in these 
fisheries as bycatch.
    NMFS will hold scoping meetings to gather public comment on the 
implementation of new management measures for SCS (time and location 
details of which will be announced in a subsequent Federal Register 
notification).
    Based on the 2007 stock assessment, NMFS believes the 
implementation of new management measures via an amendment to the 
Consolidated HMS FMP is necessary to rebuild blacknose sharks. NMFS 
anticipates completing this amendment and any related documents by 
January 1, 2010.

    Dated: May 1, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 08-1225 Filed 5-2-08; 2:04 pm]
BILLING CODE 3510-22-S


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