[Federal Register Volume 60, Number 4 (Friday, January 6, 1995)]
[Proposed Rules]
[Pages 2071-2073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32343]



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DEPARTMENT OF COMMERCE
50 CFR Part 678

[Docket No. 941261-4361; I.D. 121494A]
RIN 0648-AF63


Atlantic Shark Fisheries; Quotas

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 issues this proposed rule which would establish the 
semiannual commercial quotas for Atlantic large coastal sharks, and 
Atlantic pelagic sharks, under the framework provisions of the Fishery 
Management Plan for Sharks of the Atlantic Ocean (FMP), at 1994 levels. 
These quotas would apply to permitted vessels for 1995 and, unless 
adjusted, for future years. This proposed rule is intended to prevent 
overfishing of shark stocks.

DATES: Written comments on this proposed rule are invited and must be 
received on or before January 30, 1995.

ADDRESSES: Comments on the proposed rule should be sent to Richard B. 
Stone, Chief, Highly Migratory Species Management Division, Office of 
Fisheries Conservation and Management (F/CM), National Marine Fisheries 
Service, 1315 East-West Highway, Silver Spring, MD 20910. Clearly 
indicate ``Atlantic Shark Comments'' on the envelope. Comments may also 
be sent by FAX to 301-713-0596. Requests for copies of an environmental 
assessment and regulatory impact review (EA/RIR) should be sent to 
Richard B. Stone or C. Michael Bailey at the same address.

FOR FURTHER INFORMATION CONTACT: C. Michael Bailey, 301-713-2347, FAX 
301-713-0596; Michael E. Justen, 813-570-5305 or Kevin B. Foster, 508-
281-9260.

SUPPLEMENTARY INFORMATION: The fishery for Atlantic sharks is managed 
under the FMP prepared by NMFS under authority of Section 304(f)(3) of 
the Magnuson Fishery Conservation and Management Act (Magnuson Act), 
and implemented in April 1993 through regulations found at 50 CFR part 
678.
    In October and November 1994, NMFS held a series of public scoping 
meetings to receive comments from fishery participants and other 
members of the public regarding issues of concern in the Atlantic shark 
fishery. In addition, NMFS solicited written comments as part of the 
scoping process, including consideration of adjustments to the quota 
for Atlantic large coastal and pelagic sharks.

The 1994 Atlantic Large Coastal Shark Fishery

    The January-through-June semiannual quota was projected to be 
reached on May 17 and the fishery was closed; however, the quota was 
actually underharvested by 33 mt. The quota for July through December 
was adjusted for the underharvest for a total of 1318 mt. The 
commercial large coastal shark fishery was closed August 10 based on 
projected landings, but the quota was underharvested by 657 mt due to 
bad weather and other factors in the two weeks prior to August 10. The 
fishery reopened on September 1 to allow the underharvest to be taken 
and was closed on November 5, 1994.

The 1994 Evaluation of TAC

    During preparation of the FMP, NMFS determined that stocks of 
Atlantic large coastal sharks were below the level required to produce 
the maximum sustainable yield (MSY). Accordingly, NMFS included a 
Recovery Plan in the FMP designed to rebuild the resource to the MSY 
level, with annual total allowable catch (TAC) increasing as the 
rebuilding program progressed. However, because MSY, stock levels 
needed to produce MSY, and resource productivity were only uncertain 
estimates, the FMP calls for an annual evaluation of relevant fishery 
information including current stock status, current landings, maximum 
sustainable yield, and information on which to base TAC.
    As required by the FMP, an annual shark evaluation workshop (SEW) 
was held in March 1994 to assess the status of the stocks. The SEW 
concluded that available information neither supported 
[[Page 2072]] the increase for the 1994 TAC from 1993 levels nor 
supported increasing the 1995 TAC as was otherwise anticipated and 
scheduled in the FMP. Three significant factors were found to alter 
previous perceptions of the status of large coastal sharks: (1) Catch 
per unit effort (CPUE) statistics extending further back in time than 
were used to prepare the FMP, indicating that the resource has declined 
further than previously estimated; (2) new estimates of life history 
characteristics such as age at maturity and maximum longevity 
indicating that the productivity of some key species may be much lower 
than previously assumed; and (3) updated CPUE statistics giving no 
indication of rebuilding to date.
    CPUE data since 1991 are too few and too variable to indicate with 
any statistical confidence whether stocks are increasing or decreasing 
under current TAC levels. However, other information (stock sizes 
substantially below MSY levels, low productivity, and increased 
landings prior to implementation of the FMP) suggests that the rapid 
recovery assumed in the FMP is unlikely. The 1994 SEW suggested that 
recovery to the levels of the 1970's could take as long as 30 years. 
Given the reproductive profiles of sharks and the general insufficiency 
of fishery data upon which to base analyses, the 1994 SEW concluded 
that ``increas[ing] the TAC for sharks [is] considered risk-prone with 
respect to promoting stock recovery'' and that allowing ``any TAC might 
be considered risk-prone ***.'' The SEW recommended that the 1995 quota 
be set at 1993 levels.

Shark Operations Team

    The Shark Operations Team met to review the findings of the SEW 
with the individual members supporting maintaining quotas at 1994 
levels.

Large Coastal and Pelagic Shark Quotas

    The framework provisions of the FMP allow the Assistant 
Administrator for Fisheries, NOAA (AA), to make adjustments in the 
management measures in order to achieve the objectives of the FMP.
    The AA proposes to set the commercial quota for the large coastals 
group for 1995 at the 1994 level--2,570 mt. This, in the opinion of the 
AA, represents a reasonable compromise between the various alternatives 
ranging from a complete closure of the fishery to a quota increase. 
This alternative conforms to the objectives of the shark FMP in that it 
facilitates shark resource data collection, research, and monitoring 
and increases the benefits from shark resources to the United States 
while reducing waste.
    While the 1994 SEW focused on the large coastal species group, 
declining CPUE and life history characteristics indicating low 
productivity for pelagics and small coastals also suggest that a 
prudent approach is warranted for these groups. No new analyses were 
presented upon which to modify MSY or TAC of the pelagic and small 
coastal sharks. Accordingly, the AA proposes to set commercial quotas 
for pelagic sharks for 1995 at the 1994 level--580 mt. At present, no 
quota has been established for the small coastal species group. When 
analyses are presented, the AA will propose an appropriate quota for 
small coastal sharks.
    NMFS is also proposing to remove the specification of the year from 
portions of the regulatory text referring to quotas. Thus, if a change 
in quota level from a previous year is not justified, a change in the 
regulatory text would not be necessary to continue that level for the 
new year.

Comments and Responses

    Agency responses to comments received during the scoping process 
are summarized below.

Commercial Quotas

    Comment: Conservation organizations, commercial shark fishing 
interests, incidental commercial shark fishing interests, recreational 
fishing interests, and individuals provided written comments on the 
proposed adjustment to commercial quotas. Some commenters suggested 
that commercial quotas should be allowed to increase as scheduled in 
the FMP, some commenters suggested maintaining the current quota until 
additional data on the status of the stocks could be evaluated, some 
commenters suggested significant quota reductions, and others suggested 
a closure of the fishery until stocks recover.
    Response: NMFS has examined the four possible commercial quota 
options and, as is discussed above, is proposing to set the TAC for 
1995 at the 1994 level. An SEW will be held in 1995 to reexamine the 
status of the stocks and to recommend any adjustments for 1996.

Other Comments

    Comment: NMFS received a number of other comments during the 
scoping process, including species identification concerns, possible 
creation of a new sub-grouping of fast growing large coastal sharks 
that share similar life histories, medium- and long-term measures to 
address the rapid expansion in the number of permit holders (e.g., 
moratorium and individual quotas), tiered permit system (e.g. directed, 
bycatch, and angler catch), further division of the quota into 4 
periods in lieu of the existing 2 periods, regional sub-quotas for 
large coastal sharks, area/season closures for sharks (e.g., nursery/
pupping grounds), modifications in the fin/carcass ratio, and changes 
in the recreational fishery bag limit.
    Response: This proposed rule addresses only the commercial quotas 
for large coastal and pelagic sharks. This is immediately necessary 
because specification of commercial quotas expires as of December 31, 
1994. However, other issues raised in the scoping process may be 
addressed in future rulemakings.

Classification

    The AA has determined that this rule is necessary for conservation 
and management of shark resources in the Atlantic Ocean and is 
consistent with the national standards and other provisions of the 
Magnuson Act, and other applicable law. This proposed rule is exempt 
from review under E.O. 12866. The quotas proposed for 1995 are within 
the range analyzed in the Regulatory Flexibility Analysis (RFA) 
included in the Regulatory Impact Review prepared for the FMP and no 
new RFA has been prepared.

List of Subjects in 50 CFR Part 678

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: December 29, 1994.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 678 is 
proposed to be amended as follows:

PART 678--ATLANTIC SHARKS

    1. The authority citation for part 678 continues to read as 
follows:

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

    2. Section 678.24, paragraph (b), is revised to read as follows:


Sec. 678.24  Commercial quotas.

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    (b) Semiannual quotas. The following commercial quotas apply:
    (1) For the period January 1 through June 30:
    (i) Large coastal species--1,285 metric tons, dressed weight.
    (ii) Pelagic species--290 metric tons, dressed weight.
    (2) For the period July 1 through December 31: [[Page 2073]] 
    (i) Large coastal species--1,285 metric tons, dressed weight.
    (ii) Pelagic species--290 metric tons, dressed weight.
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[FR Doc. 94-32343 Filed 12-30-94; 3:34 pm]
BILLING CODE 3510-22-F