Federal Register / Vol. 66, No. 44 / Tuesday, March 6, 2001 / Rules and Regulations 13441

between 26°19.8′ N. lat. and 25°48′ N.

lat.(a line directly west from the

Monroe/Collier County, FL, boundary),

i.e., the area off Collier County.

NMFS previously determined that the

commercial quota for king mackerel

from the western zone of the Gulf of

Mexico was reached and closed that

segment of the fishery on August 26,

2000 (65 FR 52350, August 29, 2000).

Subsequently, NMFS determined that

the commercial quota for Gulf group

king mackerel in the northern Florida

west coast subzone was reached and

closed that segment of the fishery on

November 19, 2000 (65 FR 70317,

November 22, 2000). Next, NMFS

determined that the commercial quota

for Gulf group king mackerel for vessels

fishing with run-around gillnets in the

southern Florida west coast subzone

was reached and closed that segment of

the fishery on January 19, 2001 (66 FR

7591, January 24, 2001). Thus, with this

closure, all commercial fisheries for

Gulf group king mackerel in the EEZ are

closed from the U.S./Mexico border

through the southern Florida west coast

subzone through June 30, 2001.

Except for a person aboard a charter

vessel or headboat, during the closure,

no person aboard a vessel for which a

commercial permit for king mackerel

has been issued may fish for Gulf group

king mackerel in the EEZ in the closed

zones or subzones. A person aboard a

vessel that has a valid charter vessel/

headboat permit for coastal migratory

pelagic fish may continue to retain king

mackerel in or from the closed zones or

subzones under the bag and possession

limits set forth in 50 CFR 622.39(c)(1)(ii)

and (c)(2), provided the vessel is

operating as a charter vessel or

headboat. Note, however, that the bag

limit for an operator or crew member of

a charter vessel or headboat is zero. A

charter vessel or headboat that also has

a commercial king mackerel permit is

considered to be operating as a charter

vessel or headboat when it carries a

passenger who pays a fee or when there

are more than three persons aboard,

including operator and crew.

During the closure, king mackerel

from the closed zones or subzones taken

in the EEZ, including those harvested

under the bag and possession limits,

may not be purchased or sold. This

prohibition does not apply to trade in

king mackerel from the closed zones or

subzones that were harvested, landed

ashore, and sold prior to the closure and

were held in cold storage by a dealer or

processor.

Classification

This action responds to the best

available information recently obtained

from the fishery. The closure must be

implemented immediately to prevent an

overrun of the commercial quota (50

CFR 622.42(c)(1)) of Gulf group king

mackerel, given the capacity of the

fishing fleet to quickly harvest the

quota. Overruns could potentially lead

to further overfishing and unnecessary

delays in rebuilding this overfished

resource. Any delay in implementing

this action would be impractical and

contradictory to the Magnuson-Stevens

Act, the FMP, and the public interest.

NMFS finds, for good cause, that the

implementation of this action cannot be

delayed for 30 days. Accordingly, under

5 U.S.C. 553(d), a delay in the effective

date is waived.

This action is taken under 50 CFR

622.43(a) and is exempt from review

under Executive Order 12866.

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

Dated: February 28, 2001.

Bruce C. Moorehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 01–5427 Filed 3–1–01; 3:23 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 635

[Docket No. 010112015-1015-01; I.D.

120500A]

RIN 0648-AO85

Atlantic Highly Migratory Species;

Commercial Shark Management

Measures

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Emergency rule; request for

comments.

SUMMARY: NMFS issues emergency

regulations to re-establish the

commercial quotas for large and small

coastal sharks and catch accounting/

monitoring procedures at 1997 levels.

These regulations are necessary to

ensure that the regulations in force are

consistent with the court-approved

settlement agreement.

DATES: This emergency rule is effective

March 6, 2001 through September 4,

2001. Comments must be received no

later than 5 p.m. on June 4, 2001.

ADDRESSES: Written comments on this

action must be mailed to Christopher

Rogers, Acting Chief, NMFS Highly

Migratory Species Management

Division, 1315 East-West Highway,

Silver Spring, MD 20910; or faxed to

301-713-1917. Comments will not be

accepted if submitted via email or the

Internet. Copies of the environmental

assessment and regulatory impact

review prepared for this action may be

obtained from Margo Schulze-Haugen at

the same address.

FOR FURTHER INFORMATION CONTACT:

Margo Schulze-Haugen or Karyl

Brewster-Geisz at 301-713-2347.

SUPPLEMENTARY INFORMATION: The

Atlantic shark fisheries are managed

under the authority of the MagnusonStevens Fishery Conservation and

Management Act (Magnuson-Stevens

Act). The Fishery Management Plan for

Atlantic Tunas, Swordfish, and Sharks

(HMS FMP) is implemented by

regulations at 50 CFR part 635.

On May 2, 1997, NMFS was sued by

the Southern Offshore Fishing

Association (SOFA) and other

commercial fishermen and dealers on a

regulation that reduced the large coastal

shark (LCS) commercial quota by 50

percent to 1,285 metric tons (mt)

dressed weight (dw) and established a

small coastal shark (SCS) commercial

quota of 1,760 mt dw.

In April 1999, in response to new

requirements of the Magnuson-Stevens

Act, NMFS published the final HMS

FMP. The HMS FMP included

numerous measures to rebuild or

prevent overfishing of Atlantic sharks in

commercial and recreational fisheries,

including a rebuilding plan for LCS that

further reduced commercial quotas and

measures to prevent overfishing of SCS.

On June 25, 1999, SOFA and

commercial fishermen and dealers sued

NMFS on the commercial shark

measures in the HMS FMP and its

implementing regulations.

On June 30, 1999, Judge Steven D.

Merryday of the U.S. District Court for

the Middle District of Florida enjoined

the Atlantic shark commercial quotas

and fish-counting methods (including

the counting of dead discards and state

commercial landings after Federal

closures) adopted in the HMS FMP. The

injunction ordered that NMFS maintain

the commercial shark quotas and fishcounting methods at 1997 levels.

On June 12, 2000, in response to a

joint motion, Judge Merryday ordered

that NMFS may proceed with

implementation and enforcement of the

prohibited species provisions adopted

in the HMS FMP.

Settlement Agreement

On November 21, 2000, plaintiffs and

NMFS reached a settlement agreement

13442 Federal Register / Vol. 66, No. 44 / Tuesday, March 6, 2001 / Rules and Regulations

that would dismiss both lawsuits and

prescribed actions to be taken by both

parties. On December 7, 2000, Judge

Merryday entered an order approving

the settlement agreement. The

settlement agreement requires NMFS to

re-establish the 1997 commercial LCS

quota and catch accounting/monitoring

procedures (dead discards and state

landings after Federal closure not

counted against Federal quotas; no

splitting of the LCS commercial quota

into ridgeback and non-ridgeback

subgroups; no minimum size for

ridgeback LCS) pending an independent

review of the 1998 LCS stock

assessment. The settlement agreement

also requires NMFS to re-establish the

1997 SCS commercial quota pending a

new SCS stock assessment. Both the

independent review of the 1998 LCS

stock assessment and a new SCS stock

assessment are anticipated to be

completed in 2001. NMFS also

anticipates conducting a new LCS stock

assessment in 2001, which will also be

independently reviewed.

NMFS determined that the settlement

agreement was appropriate because it

will conserve Atlantic sharks while

maintaining a sustainable fishery in the

long-term; move the management

process for Atlantic sharks forward

through quality-controlled scientific

assessment and appropriate rulemaking;

and promote confidence in the

management process and its underlying

science.

This emergency rule is necessary

because, since the court injunction was

dissolved per the settlement agreement,

the HMS FMP and its implementing

regulations are in force. Specifically,

without this emergency rule, the

reduced LCS and SCS commercial

quotas of 816 mt dw and 329 mt dw,

respectively, and the catch accounting/

monitoring procedures adopted in the

HMS FMP would remain in force,

inconsistent with the court-approved

settlement agreement. This emergency

rule will ensure that the regulations in

force are consistent with the courtapproved settlement agreement.

Commercial Quotas and Catch

Accounting/Monitoring Procedures

Pending completion of the

independent review of the 1998 LCS

stock assessment, this emergency rule

establishes the LCS commercial quota at

1,285 mt dw; suspends the regulation on

the ridgeback LCS minimum size;

suspends the regulation on seasonspecific quota adjustments for LCS and

SCS; and suspends the regulation on

counting dead discards and state

landings after Federal closures against

Federal quotas. Pending completion of a

new SCS stock assessment, this

emergency rule establishes the SCS

commercial quota at 1,760 mt dw.

NMFS will ensure that the independent

review of the 1998 LCS stock

assessment and new stock assessments

for LCS and SCS are completed as soon

as possible. NMFS will take appropriate

action at the earliest practicable date

upon completion of these assessments

and reviews to ensure the conservation

of Atlantic sharks while maintaining a

sustainable fishery in the long-term.

Classification

These emergency regulations are

published under the authority of the

Magnuson-Stevens Act. The Assistant

Administrator for Fisheries (AA) has

determined that these regulations are

necessary to ensure that regulations in

force are consistent with the courtapproved settlement agreement.

NMFS prepared an Environment

Assessment for this emergency rule that

describes the impact on the human

environment and found that no

significant impact on the human

environment would result. This

emergency rule is of limited duration

and is the surest and quickest way to

conserve Atlantic sharks and ensure the

long-term sustainability of shark

fisheries. While this action could result

in further LCS stock declines in the

short-term, NMFS believes that the risks

of protracted litigation (potentially

several years) and uncertain outcome

outweigh these short-term negative

ecological impacts.

NMFS also prepared a Regulatory

Impact Review for this action which

assesses the economic costs and benefits

of the action. Because the fishing quotas

and catch accounting/ monitoring

procedures for the LCS or SCS fisheries,

as adopted in the HMS FMP and its

implementing regulations, have been

thus far enjoined by court order, reestablishing the 1997 management

measures for the duration of this

emergency rule will not change the

short-term economic benefits or costs

associated with the fisheries.

This emergency rule has been

determined to be not significant for the

purposes of Executive Order 12866.

NMFS issues this emergency rule,

effective for 180 days, as authorized by

section 305(c) of the Magnuson-Stevens

Act. This emergency rule may be

extended for an additional 180 days

provided the public has had an

opportunity to comment on the

emergency rule and, at the time of

extension, the agency is actively

pursuing a plan amendment or

proposed regulations to conserve

Atlantic sharks on a permanent basis.

NMFS will consider public comments

on this emergency rule in determining

whether to maintain or extend this

emergency rule. Responses to comments

will be provided if the emergency rule

is revoked, modified, or extended.

Because no general notice of proposed

rulemaking is required to be published

in the Federal Register for this

emergency rule, the analytical

requirements of the Regulatory

Flexibility Act do not apply; thus, no

Regulatory Flexibility Analysis was

prepared.

The AA finds that there is good cause

to waive the requirement to provide

prior notice and an opportunity for

public comment pursuant to authority

set forth at 5 U.S.C. 553(b)(B), as such

provisions would be contrary to public

interest. This emergency rule is

necessary to meet the requirements of a

court-approved settlement agreement.

Further litigation that could further

delay implementation of appropriate

quotas is contrary to the public interest,

because of the concern that LCS stocks

would experience further decline during

any protracted litigation.

The AA, under 5 U.S.C. 553(d)(3),

also finds that there is good cause to

waive the 30-day delay in the effective

date of this emergency rule, as is

normally required, because such delay

would be contrary to the public good.

The AA finds that this measure is

necessary to meet the timely

requirements of the court order and to

achieve the agency’s goals, as described

here. Given NMFS’s ability to

communicate rapidly these regulations

to fishing interests through the HMS Fax

network, NOAA weather radio, press

releases, mailing lists, and the HMS

Infoline, the AA believes that affected

fishermen and other interested persons

will have sufficient and timely notice of

this action.

List of Subjects in 50 CFR Part 635

Fisheries, Fishing, Fishing Vessels,

Foreign relations, Intergovernmental

relations, Penalties, Reporting and

recordkeeping requirements, Statistics,

Treaties.

Dated: February 28, 2001.

William T. Hogarth,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 635 is amended

as follows:

PART 635—ATLANTIC HIGHLY

MIGRATORY SPECIES

1. The authority citation for 50 CFR

part 635 continues to read as follows:

Federal Register / Vol. 66, No. 44 / Tuesday, March 6, 2001 / Rules and Regulations 13443

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

1801 et seq.

§ 635.20 [Amended]

2. In § 635.20, paragraph (e)(1) is

suspended effective from March 6, 2001

through September 4, 2001.

3. In § 635.27, paragraphs (b)(1)(i), (ii),

and (iv)(A) and (C) are suspended and

paragraphs (b)(1)(v) and (vi) are added,

effective from March 6, 2001 through

September 4, 2001, to read as follows:

§ 635.27 Quotas.

* * * * *

(b) * * *

(1) * * *

(v) Large coastal and small coastal

sharks. The annual commercial quota

for large coastal sharks is 1,285 mt dw,

divided between two equal semiannual

seasons, January 1 through June 30, and

July 1 through December 31. The quota

for each semiannual large coastal shark

season is 642.5 mt dw. The length of

each large coastal shark season will be

determined based on the projected catch

rates, available quota, and other relevant

factors. NMFS will file with the Office

of the Federal Register for publication in

the Federal Register notification of the

length of each season for large coastal

sharks at least 30 days prior to the

beginning of the season. The annual

commercial quota for small coastal

sharks is 1,760 mt dw, divided between

two equal semiannual seasons, January

1 through June 30, and July 1 through

December 31. The quota for each

semiannual small coastal shark season

is 880 mt dw.

(vi) NMFS will adjust the next year’s

semiannual quota for pelagic sharks to

reflect actual landings during any

semiannual period. For example, a

commercial quota underharvest or

overharvest in the season that begins

January 1 will result in an equivalent

increase or decrease in the following

year’s quota for the season that begins

January 1, provided that the annual

quota is not exceeded. NMFS will file

with the Office of the Federal Register

for publication in the Federal Register

notification of any adjustment at least

30 days prior to the start of the next

fishing season.

* * * * *

4. In § 635.28, paragraph (b)(1) is

suspended and paragraph (b)(4) is

added, effective from March 6, 2001

through September 4, 2001, to read as

follows:

§ 635.28 Closures.

(b) * * *

(4) The commercial fishery for large

coastal sharks will remain open for

fixed semiannual fishing seasons, as

specified at § 635.27(b)(1)(v). From the

effective date and time of a season

closure until additional quota becomes

available, the fishery for large coastal

sharks is closed, and sharks of that

species group may not be retained on

board a fishing vessel issued a

commercial permit pursuant to § 635.4

* * * * *

[FR Doc. 01–5435 Filed 3–5–01; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 697

[Docket No. 010165024-1024-10; I.D.

121500D]

RIN 0648-AO88

American Lobster; Interstate Fishery

Management Plans

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of determination of

noncompliance; declaration of a

moratorium.

SUMMARY: In accordance with the

Atlantic Coastal Fisheries Cooperative

Management Act (Act), NMFS, upon a

delegation of authority from the

Secretary of Commerce (Secretary), has

determined that the State of Rhode

Island is not in compliance with

Amendment 3 to the Atlantic States

Marine Fisheries Commission’s

(Commission) Interstate Fishery

Management Plan (ISFMP) for American

Lobster, because the state has failed to

implement and enforce a measure that

is necessary for the conservation of

American lobster. Pursuant to the Act,

a Federal moratorium on fishing for

American lobster within Rhode Island

state waters is hereby declared and will

be effective on May 1, 2001. If Rhode

Island is found to be in compliance with

the ISFMP for American lobster before

that date, the moratorium will be

withdrawn. The purpose of this action

is to support and encourage

implementation and enforcement of the

Commission’s American Lobster ISFMP.

DATES: Effective May 1, 2001.

ADDRESSES: Copies of an Environmental

Assessment and Regulatory Impact

Review (EA/RIR) are available from the

Director, State, Federal and Constituent

Programs Office, NMFS, 1 Blackburn

Drive, Gloucester, MA 01930.

FOR FURTHER INFORMATION CONTACT:

Harry Mears, NMFS, Northeast Region,

978–281–9144.

SUPPLEMENTARY INFORMATION:

Background

The purpose of the Act is to support

and encourage the development,

implementation, and enforcement of the

Commission’s ISFMPs to conserve and

manage Atlantic coastal fishery

resources. Section 806 of the Act

specifies that, after notification by the

Commission that an Atlantic coastal

state is not in compliance with an

ISFMP of the Commission, the Secretary

must make a finding, no later than 30

days after receipt of the Commission’s

notification, on: (1) whether the state

has failed to carry out its

responsibilities to implement and

enforce the Commission’s ISFMP; and

(2) whether the measures that the state

has failed to implement and enforce are

necessary for the conservation of the

fishery in question. In making such a

finding, the Act requires the Secretary to

give careful consideration to the

comments of the Commission, the

Atlantic coastal state found out of

compliance by the Commission, and the

appropriate Regional Fishery

Management Councils. If the Secretary

finds that the state is not in compliance

with the Commission’s ISFMP and that

the measures the state has failed to

implement and enforce are necessary for

the conservation of the fishery, the

Secretary must declare a moratorium on

fishing in that fishery within the waters

of the noncomplying state. The

Secretary must specify the moratorium’s

effective date, which may be any date

within 6 months after the declaration of

the moratorium. NMFS has been

delegated this decision-making

authority.

On November 6, 2000, the Secretary

received a letter from the Commission

prepared pursuant to section 806(b) of

the Act. The Commission’s letter stated

that the State of Rhode Island’s

American lobster regulations did not

meet the provisions of Amendment 3 to

the Commission’s ISFMP for American

lobster and, therefore, the Commission

found the State of Rhode Island out of

compliance with the ISFMP.

Commission Findings of Noncompliance

The Commission adopted

Amendment 3 to the ISFMP for

American Lobster in December 1997.

Under Amendment 3, states are required

to implement and enforce the nontrap

gear limit of no more than 100 lobsters

per day (based on a 24-hour period) up

to a maximum of 500 lobsters per trip,