[Federal Register Volume 60, Number 84 (Tuesday, May 2, 1995)]
[Rules and Regulations]
[Pages 21468-21469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10738]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 678

[Docket No. 950414106-5106-01; I.D. 121494A]
RIN 0648-AF63


Atlantic Shark Fisheries; Semiannual Quotas for Large Coastal and 
Pelagic Sharks

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to establish 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 apply 
to permitted vessels for 1995 and, unless adjusted, for future years. 
This final rule is intended to reduce the probability of overfishing, 
by maintaining the current semiannual quotas for the pelagic shark 
species group and rejecting the planned 1995 increases in the 
semiannual commercial quotas increase for the large coastal species 
group.

EFFECTIVE DATE: May 1, 1995.

ADDRESSES: Requests for copies of the environmental assessment and 
regulatory impact review (EA/RIR) should be sent to Richard B. Stone, 
Chief, Highly Migratory Species Management Division, ffice of Fisheries 
Conservation and Management (F/CM), National Marine Fisheries Service, 
1315 East-West Highway, Silver Spring, MD 20910.

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.
    For the reasons explained below, NMFS is implementing the following 
semiannual quotas: Large coastal species = 1,285 metric tons dressed 
weight (mtdw); Pelagic species = 290 mtdw. The notice of proposed 
rulemaking was published on January 6, 1995 (60 FR 2071), with a 
request for comments. The notice of proposed rulemaking contained 
background information which is not repeated here.

Comments and Responses

Commercial Quotas

    Comments: Written comments on the proposed commercial quotas were 
provided by one Fishery Management Council, three conservation 
organizations, one directed commercial shark fishing organization 
(petition with 49 entries), one incidental commercial shark fishing 
organization, one seafood production company, and 64 individuals whose 
comments addressed the proposed commercial quotas. Commenters suggested 
four possible options: (1) Commercial quotas should be allowed to 
increase as scheduled in the FMP, (2) commercial quotas should be 
maintained at the current level until additional data on the status of 
the stocks can be evaluated, (3) commercial quotas should be 
significantly reduced, and (4) the commercial shark fishery should be 
closed until there are clear signs of stock recovery.
    Response: NMFS has examined the four possible commercial quota 
options and has determined that the total allowable catch (TAC) for 
1995 should remain at the 1994 level, as recommended by the 1994 Shark 
Evaluation Workshop (SEW) and members of the Shark Operations Team 
(OT). A new stock assessment and fishery evaluation (SAFE) report is 
currently in preparation and will be published in 1995. If appropriate, 
the Assistant Administrator for Fisheries, NOAA (AA) may reexamine the 
quota levels and make determinations on adjustments to future quotas.

Large Coastal and Pelagic Shark Quotas

    The framework provisions of the FMP allow the AA to make 
adjustments in the management measures in order to achieve the 
objectives of the FMP. NMFS has determined that the 1994 semiannual 
quotas of 1,285 mt, which represented for the year only a 5 percent 
increase over 1993, should be set as the semiannual commercial quotas 
for the large coastals group for 1995. This, in the opinion of NMFS, 
represents a reasonable compromise between alternatives, pending future 
scientific analyses that may suggest the need for different quotas.
    The alternative of increasing the commercial quotas as planned in 
the FMP was rejected primarily on the basis of recommendations from the 
SEW and members of the OT. The SEW concluded that ``the weight of 
evidence does not support the previous (FMP) recommendation that the 
1994 or 1995 TAC should automatically increase.'' The OT met in July 
1994, and generally agreed with this conclusion. Thus, the rebuilding 
plan outlined in the FMP has been determined to be inadequate to 
achieve the goal of rebuilding the large coastal sharks resource to a 
level consistent with the maximum sustainable yield (MSY). As a result, 
NMFS has rejected planned quota increases for 1995. Whether the 
selected semiannual quotas of 1,285 mt (equivalent to the 1994 
semiannual quotas) will lead to rebuilding in 1995 and beyond is 
currently uncertain. The likelihood of stock rebuilding for this and 
other quota levels will be addressed in future stock assessments.
    In terms of the semiannual quota increase that has already gone 
into effect, NMFS believes that the 5 percent reduction in quotas 
necessary to return to the 1993 level could have a large negative 
impact on the large coastal shark fishing industry, while it is 
unlikely to change substantially the future dynamics of the large 
coastal shark resource. Until recently, the fishing industry had 
anticipated that the scheduled increases in the FMP would take place, 
and had planned operations accordingly. Subsequently, the industry has 
had to replan and scale down projected production schedules. Further 
scaling down could result in greater negative consequences which, in 
the opinion of NMFS, may not be warranted.
    In terms of benefits to the large coastal shark resource, NMFS 
believes that action to forestall the planned 30.3 percent increase of 
the 1995 semiannual quotas for the year over the 1993 quotas has far 
greater significance for the future viability of the various shark 
stocks. NMFS believes that it is not worth putting the industry at a 
disadvantage for the sake of a quota reduction of the order of 5 
percent, which may have been within the margin of error of quota 
monitoring capabilities in the past.
    Comments received from the Delaware Division of Fish and Wildlife 
through the Delaware Coastal Management Program recommended 
[[Page 21469]] that the quota for 1995 be further reduced. Three 
conservation organizations and numerous individuals also requested that 
the quota be reduced. Large reductions in the established quota would 
likely cause substantial financial hardship for vessels already 
commercially fishing for large coastal sharks. A complete closure of 
the established directed shark fishery for large coastal sharks would 
result in severe financial hardships for vessels already participating 
in the fishery, and could result in the displacement of vessels and 
crews from the large coastal shark fishery into other fisheries, 
including pelagic and small coastal sharks.
    The Delaware Coastal Management Program has requested additional 
information concerning the basis for maintaining the quota at status 
quo, expressing a preference that the quota be further reduced. The AA 
has agreed to continue discussion on quota levels with Delaware 
officials, and Delaware officials have agreed that the proposed quota 
should be established by a final rule prior to a final resolution of 
this issue, because otherwise the fishery would be unrestricted.
    While the 1994 SEW focused on the large coastal shark species 
group, declining catch per unit of effort 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, NMFS sets the 
semiannual commercial quotas for large coastal and pelagic sharks for 
1995 at the 1994 levels. At present, no quota has been established for 
the small coastal species group. When analyses are presented, the AA 
may propose an appropriate quota for small coastal sharks.
    NMFS also removes the specification of the year from those parts of 
the regulatory text referring to quotas. Thus, if a change in quota 
level from a previous year is not published, a change in the regulatory 
text will not be necessary to continue the previous level for the new 
year.

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 final rule has been 
determined to be not significant for purposes of E.O. 12866. The quotas 
for 1995 are within the range analyzed in the Regulatory Flexibility 
Analysis (RFA) included in the EA/RIR 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: April 26, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 678 is 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.

* * * * *
    (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:
    (i) Large coastal species--1,285 metric tons, dressed weight.
    (ii) Pelagic species--290 metric tons, dressed weight.
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[FR Doc. 95-10738 Filed 4-27-95; 1:36 pm]
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