[Federal Register Volume 61, Number 246 (Friday, December 20, 1996)]
[Proposed Rules]
[Pages 67295-67299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32387]


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DEPARTMENT OF COMMERCE
50 CFR Part 678

[Docket No. 961211348-6349-02; I.D. 092396B]
RIN 0648-AH77


Atlantic Shark Fisheries; Quotas, Bag Limits, Prohibitions, and 
Requirements.

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 proposes changes to the regulations governing the 
Atlantic shark fisheries that would: Reduce commercial quotas and 
recreational bag limits; establish a quota for small coastal sharks; 
prohibit directed commercial fishing for, and landing or sale of, five 
species of sharks; establish a recreational tag-and-release only 
fishery for white sharks; prohibit filleting of sharks at sea; and 
restate the requirement for species-specific identification by all 
owners or operators, dealers, and tournament operators of all sharks 
landed under the framework provisions of the Fishery Management Plan 
for Sharks of the Atlantic Ocean (FMP). This rule would reduce 
effective fishing mortality, facilitate enforcement, and improve 
management.

[[Page 67296]]

DATES: Written comments on this proposed rule are invited and must be 
received on or before Janaury 21, 1997.

ADDRESSES: Comments on the proposed rule should be sent to, William T. 
Hogarth, Chief, Highly Migratory Species Management Division (FCM4), 
Office of Sustainable Fisheries, NMFS, 1315 East-West Highway, Silver 
Spring, MD 20910, (301)-713-2347, fax (301)-713-1917. Clearly indicate 
``ASF'' on the envelope. Copies of the Environmental Assessment/
Regulatory Impact Review (EA/RIR) are available from the same address.

FOR FURTHER INFORMATION CONTACT: C. Michael Bailey or John D. Kelly, 
301-713-2347, FAX 301-713-1917.

SUPPLEMENTARY INFORMATION: The Atlantic shark fishery is managed under 
the FMP prepared by NMFS under authority of section 304(g) of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) and implemented through regulations found at 50 CFR part 
678.
    The proposed rule is based in part on recommendations from the 1994 
Shark Evaluation Workshop (SEW), the 1995 Shark Evaluation Report, and 
the 1996 SEW. The proposed rule is also based, in part, on comments 
received during a series of public scoping meetings, which NMFS held to 
receive comments from fishery participants and other members of the 
public regarding issues of concern in the Atlantic shark fishery. NMFS 
also solicited written comments as part of the scoping process.
    On October 17, 1996, the Biodiversity Legal Foundation filed a 
petition for rulemaking with NMFS. The petition specifically requests 
that NMFS reduce the 1997 large coastal shark quota by 50 percent and 
reduce the recreational bag limit to one shark per vessel per day. When 
the petition was received, this proposed rule was already in 
preparation. NMFS believes that this proposed rule adequately addresses 
the petition. Copies of the petition are available. (see ADDRESSES)
    The framework provisions of the FMP allow the Assistant 
Administrator (AA) to make adjustments in the management measures in 
order to achieve the objective of preventing overfishing as stated in 
the FMP. Members of the Shark Operations Team (OT) were consulted and 
some members have been instrumental in the formulation of this proposed 
rule; however, this action is not necessarily based on suggestions made 
by the OT but is being taken independently by the AA under authority of 
the framework provisions of the FMP and consistent with the provisions 
of 305(c) of the Magnuson-Stevens Act.

Quotas and Bag Limits

Commercial Quotas

    Upon implementation of the FMP, large coastal sharks were 
determined to be overfished and the report of the 1996 SEW reiterated 
that the stock continues to be overfished. NMFS established commercial 
quotas for Atlantic large coastal sharks and Atlantic pelagic sharks 
under the framework provisions of the FMP. These quotas apply to 
federally permitted vessels. For the reasons explained below, NMFS 
proposes to reduce, as interim measures, annual quotas to the following 
levels, expressed in metric tons dressed weight (mt dw):
    Large coastal species = 1,285 mt dw
    Small coastal species = 1,760 mt dw
    Pelagic species = 580 mt dw
    NMFS has examined possible commercial quota options and has 
determined that the total allowable catch (TAC) should be reduced, as 
recommended by the report of the 1996 SEW and supported by some members 
of the OT. The AA is required to develop a strategy designed to provide 
for the rebuilding of each stock or stock complex within a reasonable 
period. A new stock assessment and fishery evaluation (SAFE) report 
will be published in 1997. NMFS has initiated a study to determine the 
potential effects of management measures other than quota and bag limit 
reductions, such as minimum sizes and nursery area closures, on fishing 
mortality. NMFS intends to amend the FMP within one year, to 
incorporate an updated rebuilding schedule. At that time, the AA will 
reexamine the quota levels and decide whether to adjust quotas and 
other measures.
    NMFS has preliminarily determined that the large coastal species 
annual quota of 2,570 mt, which became effective January 1, 1994, is 
not effectively reducing mortality of the population and should be 
reduced by 50 percent. This represents a reasonable management measure 
for reducing mortality, in light of the absence of a rebuilding 
schedule. A rebuilding schedule may suggest the need for a different 
quota, or other management measures such as nursery/pupping area 
closures and minimum sizes, that could also reduce fishing mortality.
    The alternative of increasing the commercial quota as planned in 
the FMP was previously rejected on the basis of recommendations from 
the SEW and members of the OT. The 1995 SEW concluded that ``the weight 
of evidence does not support the previous (FMP) recommendation that the 
TAC should automatically increase.'' Thus, the rebuilding plan outlined 
in the FMP was determined to be inadequate to achieve the goal of 
rebuilding the large coastal sharks resource to a level consistent with 
producing maximum sustainable yield (MSY). As a result, NMFS has 
rejected planned quota increases for 1995 and beyond.
    Large reductions in the established quota will likely cause 
displacement for vessels already commercially fishing for large coastal 
sharks; however, 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 additional displacement of vessels and crews from the large 
coastal shark fishery into other fisheries, including pelagic and small 
coastal sharks.
    While the 1996 SEW focused on the large coastal shark species 
group, declining CPUE and life history characteristics indicating low 
productivity for pelagics and small coastals suggest that a prudent 
approach is also warranted for these groups. No new analyses were 
presented upon which to modify MSY or TAC of the pelagic and small 
coastal sharks. Therefore, NMFS proposes to set commercial quotas for 
pelagic sharks for 1997 and beyond at the current annual level of 580 
mt. At present, no quota has been established for the small coastal 
species group. Potential displacement of vessels and crews from the 
large coastal shark fishery into other fisheries, including pelagic and 
small coastal sharks, warrants a risk-averse strategy for small coastal 
sharks. Accordingly, NMFS proposes to establish a precautionary quota 
of 1,760 mt dw for the small coastal species group. That quota is 68 
percent of the TAC, and represents approximately the same percentage 
split between commercial and recreational as in the large coastal 
management group.
    The current landings of pelagic and small coastal sharks are 
estimated to be lower than the proposed quotas. When further analyses 
are presented, the AA may propose a different quota for small coastal 
sharks.

Recreational Bag Limits

    NMFS established recreational bag limits for Atlantic large coastal 
sharks, Atlantic small coastal sharks, and Atlantic pelagic sharks 
under the framework provisions of the FMP. These bag limits apply to 
all vessels fishing in the Exclusive Economic Zone (EEZ).

[[Page 67297]]

The current bag limits are: For small coastal sharks, five per person 
per day; and for large coastal sharks and pelagic sharks combined, four 
per vessel per trip. For the reasons explained below, NMFS proposes to 
reduce bag limits to: Two sharks per vessel per trip, for any 
combination of species.
    NMFS has examined possible recreational bag limit options and has 
determined that the bag limit, as well as the commercial quota, should 
be reduced as an additional management measure to further protect and 
conserve the stocks. Problems in accuracy of species-specific 
identification of sharks in all three species groups by recreational 
fishers have caused concern by NMFS that numerous juvenile large 
coastal sharks are being landed and misidentified as small coastal 
species. In addition, continuing concerns about misidentification have 
prompted NMFS enforcement to request that large coastal, small coastal 
and pelagic species be combined for bag limit purposes.

Prohibition on Directed Fishing for Selected Species

    NMFS has determined that certain species of sharks should be 
excluded from directed fishing due to their vulnerability to 
overfishing and/or their slow reproductive and growth rates. For these 
reasons, NMFS is concerned about the potential development of a 
commercial and/or recreational fishery for these species.
    The whale shark, Rhincodon typus, and basking shark, Cetorhinus 
maximus, are not subject to organized commercial or recreational 
fishing efforts. Their habit of swimming at or near the surface makes 
them vulnerable to indiscriminate killing. The status of these two 
species has been closely monitored by NMFS since implementation of the 
FMP and there have been only incidental interactions with these 
species. NMFS is concerned about the potential for the development of 
commercial and/or recreational fisheries that could target these highly 
vulnerable fish. NMFS proposes to remove them from the large coastal 
species group and make them prohibited species.
    Sand Tiger sharks, Odontaspis taurus, and bigeye sand tiger sharks, 
Odontaspis noronhai, exhibit a unique reproductive quality, in that the 
first offspring in each of the two uteri hatches internally and engages 
in interuterine sibling cannibalism. The result is that the maximum 
number of live offspring is two. Sand tiger sharks account for less 
than 1 percent of the total landings of sharks in the directed large 
coastal shark fishery; they are not currently targeted by recreational 
fishermen. NMFS is concerned about the potential for further 
development of a commercial fishery that would target these highly 
vulnerable species. NMFS proposes to remove both species of sand tiger 
sharks from the large coastal species group and make them prohibited 
species.

Prohibition on Directed Commercial Fishing for, and Landing or Sale 
of, White Sharks; Allowance for Recreational Catch And Release

    The white shark, Carcharodon carcharias, is not subject to 
organized directed commercial fishing efforts. The status of this 
species has been closely monitored by NMFS since implementation of the 
FMP and there have been only a small number of incidental commercial 
interactions with this species. NMFS is concerned about the potential 
for development of a commercial fishery for this species. NMFS proposes 
to remove the white shark from the large coastal species group and make 
it a commercially prohibited species.
    There is, in parts of their range, an active recreational fishery 
for white shark. NMFS proposes to restrict this fishery to tag-and-
release only, provided that the fishermen participate in a NMFS-
approved tag-and-release program. Tags may be obtained through the APEX 
Predator Investigation Cooperative Shark Tagging Program, 28 Tarzwell 
Drive, Narragansett, Rhode Island, 02882, or by calling (401) 782-3200.

Prohibition on Filleting of Sharks at Sea

    In order to verify species identification for reporting purposes, 
the regulation proposes to prohibit filleting of sharks at sea. NMFS 
enforcement agents have been unable to identify shark parts to the 
species level on several occasions. During the previous two scoping 
processes, commercial and recreational fishermen, environmental groups, 
and other interested parties were asked to comment on this proposal. 
All affected groups generally supported efforts to aid in species 
identification to strengthen the database and to help enforcement 
efforts. If this proposal is adopted, sharks would have to be landed 
and brought to the point of first landing with the flesh attached and 
the spinal column present. Fishermen would be permitted to remove the 
head and fins and eviscerate the catch.

Identification

Species-specific Identification by All Permit Holders

    The report of the 1994 SEW stated that ``the greatest impediment to 
management, monitoring and stock assessment is the need to collect more 
accurate and more complete information on species composition of the 
catch. Approximately 80% of commercial shark landings are classified as 
unidentified * * *.'' The report of the 1995 SEW reiterated this 
concern, adding that ``notable improvements in species-specific catch 
information have been made for a portion of the recent catches through 
observer data collections.''
    Species identification appears to have been more of a problem in 
the South Atlantic and Gulf of Mexico regions. Northeast landings 
indicate a greater prevalence of pelagic species in the reported 
landings. In the recreational fisheries, a greater proportion of the 
available estimates of catch have been identified to species. Species 
identification of all sharks landed is required by the existing 
regulations. Section 678.5 requires that selected owners or operators, 
dealers and tournament operators submit reports on landings by species.

Other Issues

    NMFS received a number of comments during the scoping process, 
including concerns about allowable gear types, the possibility of time/
area closures for sharks (e.g., nursery/pupping grounds), modifications 
of the fishing season, modifications in the fin/carcass ratio, requests 
for closure of the directed longline fishery, requests for closure of 
all directed fishing during the spring pupping season, and requests to 
separate blue sharks (Prionace glauca) from the pelagic management unit 
and establish a separate precautionary quota for them. NMFS believes 
that these issues may warrant action; however, in the interest of 
expedient publication of the elements contained in this rule, NMFS has 
determined that these issues may be addressed in future rulemaking. 
NMFS intends to amend the FMP within one year, and to reexamine the 
need for an annual SAFE report.
    NMFS has met with members of the Atlantic States Marine Fisheries 
Commission (ASMFC). Based, in part, on questions posed by ASMFC 
members, NMFS has accelerated an ongoing effort to identify specific 
nursery/pupping areas in state-controlled waters. Closing shark nursery 
areas to fishing would reduce mortality. This option was rejected in 
the FMP

[[Page 67298]]

because of insufficient knowledge of specific nursery areas and the 
adverse effect closures would have on other fisheries, such as the 
shrimp trawl fishery. Since determinations of MSY, OY, the commercial 
quotas, and overfishing are based on estimates of the total biomass of 
sharks in all U.S. waters (EEZ and state waters), it was recommended in 
the FMP that coastal states, Puerto Rico, and the Virgin Islands adopt 
regulations consistent with the federal regulations. State cooperation 
is essential for effective management. Specifically, it was recommended 
that states: Apply bag limits to recreational fishermen regardless of 
where sharks are caught; adopt the specified Federal quotas; prohibit 
finning and adopt other measures that govern how and when fins may be 
landed; prohibit the sale of recreationally-caught sharks and shark 
products; and cooperate with NMFS to ensure consistent and integrated 
permitting and data collection systems. Consistent with these comments, 
NMFS intends to continue working with states to develop cooperative 
management efforts.

Classification

    The AA has preliminarily determined that this rule is necessary for 
the conservation and management of shark resources in the Atlantic 
Ocean and is consistent with the national standards and other 
provisions of the Magnuson-Stevens Act and other applicable law. This 
proposed rule has been preliminarily determined to be not significant 
for purposes of E.O. 12866. Copies of the EA/RIR are available (see 
ADDRESSES). The EA/RIR, in combination with the 1996 SEW Report, 
constitutes the annual SAFE Report.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief of Advocacy of the Small 
Business Administration that this proposed rule, if adopted, will not 
have a significant economic impact on a substantial number of small 
entities as follows:

    The proposed rule would reduce commercial quotas and 
recreational bag limits; establish a quota for small coastal sharks; 
prohibit directed commercial fishing for, and landing or sale of, 
five species of sharks; establish a recreational tag-and-release 
only fishery for white sharks; prohibit filleting of sharks at sea; 
and restate the requirement for species-specific identification by 
all owners or operators, dealers, and tournament operators of all 
sharks landed under the framework provisions of the Fishery 
Management Plan for Sharks of the Atlantic Ocean. This rule would 
reduce effective fishing mortality, facilitate enforcement, and 
improve management.
    Reducing the commercial quota is not expected to have a 
significant impact on a substantial number of small entities 
primarily because of the large degree of diversification in fishing 
operations that exist in the fleet and the already short shark 
fishing season, as outlined in the Regulatory Impact Review.
    The prohibition of fishing for, landing or sale of whale, 
basking, and sand tiger sharks will not adversely affect gross 
revenue because whale and basking sharks are only incidentally 
encountered in commercial fisheries and sand tiger sharks are not a 
marketable species at this time. The prohibition of fishing for, 
landing or sale of white sharks will not adversely affect gross 
revenue because they are only incidentally encountered in the 
commercial fishery. Requiring the recreational white shark fishery 
to operate under a catch and release program may reduce the 
willingness of recreational anglers to pay for a fishing trip. The 
prohibition on filleting of sharks at sea will have little economic 
impact but will increase costs to operators through increased labor 
to fillet carcasses once in port.
    Therefore, it is concluded that these proposed actions, 
considered separately or in aggregate, will not have a significant 
impact on a substantial number of small entities. Thus, a regulatory 
flexibility analysis is not required for these actions.

    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall any person be subject to a penalty for failure 
to comply with, a collection-of-information subject to the requirements 
of the Paperwork Reduction Act, unless that collection of information 
displays a currently valid OMB Control Number.
    This proposed rule contains no new collection of information that 
is subject to the Paperwork Reduction Act. The proposed rule restates 
requirements that have been approved by the Office of Management and 
Budget under Control Number 0648-0016. The prohibitions section is 
being reordered to group similar or associated prohibitions. In 
addition, letters are being replaced by numbers for the purposes of 
clarification.

List of Subjects in 50 CFR Part 678

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: December 16, 1996.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, 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. In Sec. 678.2, the definitions for ``Dress'', ``Eviscerate'', 
and ``Fillet'' are added; and the definition for ``Management Unit'' is 
amended by removing under paragraph (1), ``Basking sharks--
Cetorhinidae'', ``Basking shark, Cetorhinus maximus``; ``Sand tiger 
sharks--Odontaspididae'', ``Bigeye sand tiger, Odontaspis noronhai``, 
``Sand tiger shark, Odontaspis taurus`` and ``Whale sharks--
Rhincodontidae'', ``Whale shark, Rhincodon typus``, and by adding a new 
paragraph (4) to read as follows:


Sec. 678.2  Definitions

* * * * *
    Dress means to remove head, viscera, and fins, but does not include 
removal of the backbone, halving, quartering, or otherwise further 
reducing the carcass.
    Eviscerate means removal of the alimentary organs only.
    Fillet means to remove slices of fish flesh, of irregular size and 
shape, from the carcass by cuts made parallel to the backbone.
* * * * *
    Management Unit
    * * *
    (4) Prohibited species:
    Basking sharks - Cetorhinidae
    Basking shark - Cetorhinidae maximus
    Mackerel sharks - Lamnidae
    White sharks - Carcharodon carcharias
    Sand tiger sharks - Odontaspididae
    Bigeye sand tiger - Odontaspis noronhai
    Sand tiger - Odontaspis taurus
    Whale sharks - Rhincodontidae
    Whale shark - Rhincodon typus
* * * * *


Sec. 678.5  [Amended]

    3. In Sec. 678.5, in paragraph (b)(1)(iv)(A) and (B) after ``market 
category'' add ``, and species,''.
    4. Section 678.7 is revised to read as follows:


Sec. 678.7  Prohibitions.

    (a) In addition to the general prohibitions specified in Sec. 620.7 
of this chapter, and except as permitted under Sec. 678.29, it is 
unlawful for any person to do any of the following:
    (1) Fish for, purchase, trade, barter, or possess or attempt to 
fish for, purchase, trade, barter, or possess the following prohibited 
species:
    Basking sharks-Cetorhinidae
    Basking shark, Cetorhinus maximus
    Mackerel sharks-Lamnidae
    White sharks-Carcharodon carcharias
    Sand tiger sharks-Odontaspididae
    Bigeye sand tiger, Odontaspis noronhai
    Sand tiger shark, Odontaspis taurus
    Whale sharks-Rhincodontidae
    Whale shark, Rhincodon typus
    (2) Fish for shark without a vessel permit as specified in 
Sec. 678.4(a)(1).

[[Page 67299]]

    (3) Purchase, trade, or barter, or attempt to purchase, trade, 
or barter, a shark from the management unit without an annual
    dealer permit, as specified in Sec. 678.4(a)(2).
    (4) Falsify information required in Sec. 678.4(b) and (c) on
    an application for a permit.
    (5) Fail to display a permit, as specified in Sec. 678.4(h).
    (6) Falsify or fail to provide information required to be 
maintained, submitted, or reported, as specified in Sec. 678.5.
    (7) Fail to make a shark available for inspection or provide
    data on catch and effort, as required by Sec. 678.5(d).
    (8) Falsify or fail to display and maintain vessel identification, 
as required by Sec. 678.6.
    (9) Falsify or fail to provide requested information regarding a 
vessel's trip, as specified in Sec. 678.10(a).
    (10) Fail to embark an observer on a trip when selected, as 
specified in Sec. 678.10(b).
    (11) Assault, resist, oppose, impede, harass, intimidate, or 
interfere with a NMFS-approved observer aboard a vessel or prohibit or 
bar by command, impediment, threat, coercion, or refusal of reasonable 
assistance, an observer from conducting his/her duties aboard a vessel.
    (12) Fail to provide an observer with the required food, 
accommodations, access, and assistance, as specified in Sec. 678.10(c).
    (13) Remove the fins from a shark and discard the remainder,
    as specified in Sec. 678.22 (a)(1).
    (14) Possess shark fins, carcasses, or parts aboard, or offload 
shark fins from, a fishing vessel, except as specified in Sec. 678.22, 
or possess shark carcasses or parts aboard, or offload shark fins, 
carcasses, or parts from, a vessel, except as specified in 
Sec. 678.22(a)(2) and (3).
    (15) Fail to release a shark that will not be retained in the 
manner specified in Sec. 678.22(b).
    (16) Land, or possess on any trip, shark in excess of the vessel 
trip limit, as specified in Sec. 678.22(c)(1).
    (17) Transfer a shark at sea, as specified in 
Sec. Sec. 678.22(c)(2) and 678.23(e).
    (18) Fillet a shark at sea, as specified in Sec. 678.22(d), except 
that sharks may be eviscerated and the head and fins may be removed.
    (19) Exceed the bag limits, as specified in Sec. 678.23 (a) through 
(c), or operate a vessel with a shark aboard in excess of the bag 
limits, as specified in Sec. 678.23(d).
    (20) Sell, trade, or barter, or attempt to sell, trade, or barter, 
a shark harvested in the EEZ, except as an owner or operator of a 
vessel with a permit, as specified in Sec. 678.25(a), or sell, trade, 
or barter, or attempt to sell, trade or barter, a shark from the 
management unit, except as an owner or operator of a vessel with a 
permit, as specified in Sec. 678.26.
    (21) Purchase, trade, or barter, or attempt to purchase, trade or 
barter, shark meat or fins from the management unit from an owner or 
operator of a vessel that does not possess a vessel permit, as 
specified in Sec. 678.26(b); or sell, trade, or barter, or attempt to 
sell, trade, or barter, a shark from the management unit, except to a 
permitted dealer, as specified in Sec. 678.26(d).
    (22) Sell, purchase, trade, or barter, or attempt to sell, 
purchase, trade, or barter, shark fins that are disproportionate to the 
weight of carcasses landed, as specified in Sec. 678.26(c).
    (23) Interfere with, obstruct, delay, or prevent by any means an 
investigation, search, seizure, or disposition of seized property in 
connection with enforcement of the Magnuson-Stevens Act.
    (24) During a closure for a shark species group it is prohibited to 
retain a shark of that species group aboard a vessel that has been 
issued a permit under Sec. 678.4, except as provided in Sec. 678.24(a), 
or sell, purchase, trade, or barter or attempt to sell, purchase, 
trade, or barter a shark of that species group, as specified in 
Sec. 678.24.
    (b)  [Reserved]
    5. In Sec. 678.22, a new paragraph (d) is added to read as follows:


Sec. 678.22  Harvest limitations.

* * * * *
    (d) Filleting. (1) A shark from any of the three management units 
that is harvested in the EEZ, or harvested by a vessel that has been 
issued a permit pursuant to Sec. 678.4, may not be filleted at sea. 
Sharks may be eviscerated and the head and fins may be removed.
    6. In Sec. 678.23, paragraph (b) is revised to read as follows:


Sec. 678.23  Bag limits

* * * * *
    (b) Large coastal, small coastal and pelagic species, combined--2 
per vessel per trip.
* * * * *
    7. In Sec. 678.24, paragraph (b) is revised to read as follows:


Sec. 678.24  Commercial quotas.

* * * * *
    (b) Semiannual. The following commercial quotas apply:
    (1) For the period January 1 through June 30:
    (i) Large coastal species--642 metric tons, dressed weight.
    (ii) Small coastal species--880 metric tons, dressed weight.
    (iii) Pelagic species--290 metric tons, dressed weight.
    (2) For the period July 1 through December 31:
    (i) Large coastal species--642 metric tons, dressed weight.
    (ii) Small coastal species-880 metric tons, dressed weight.
    (iii) Pelagic species--290 metric tons, dressed weight.
* * * * *
    8. Section 678.29 is added to read as follows:


Sec. 678.29  Tag-and-release program.

    (a) Notwithstanding other provisions of this part, an angler may 
fish for, but not retain, white sharks with rod and reel only under a 
tag and release program, provided the angler tags all white sharks so 
caught with tags issued under this section, and releases and returns 
such fish to the sea immediately after tagging and with a minimum of 
injury. To participate in this program, an angler must obtain tags, 
reporting cards, and detailed instructions for their use from NMFS.
    (b) Tags obtained from sources other than NMFS may be used to fish 
for white sharks provided the angler has registered each year with the 
Cooperative Shark Tagging Program and the NMFS program manager has 
approved the use of tags from that source. Anglers using an alternative 
source of tags and wishing to tag white sharks can call or write NMFS.
    (c) Anglers registering for the white shark tagging program are 
required to provide their name, address, phone number, and, if 
applicable, identify the alternate source of tags.
    (d) If NMFS-issued or NMFS-approved tags are not on board a vessel 
that fishes for white sharks, all anglers on board that vessel are 
deemed to be ineligible to fish under this section.
[FR Doc. 96-32387 Filed 12-19-96; 8:24 am]
BILLING CODE 3510-22-F