[Federal Register Volume 63, Number 74 (Friday, April 17, 1998)] [Notices] [Pages 19239-19240] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-10242] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 033198B] RIN 0648-AH77 Atlantic Shark Fisheries; Notice of Availability AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability; request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS announces that the Highly Migratory Species Management Division has prepared a draft consideration of the economic effects and potential alternatives to the 1997 quotas on the Atlantic large coastal shark fishery as ordered by the Middle District Court of Florida, Tampa Division, on February 26, 1998. Written comments are requested from the public. DATES: Written comments must be received on or before April 24, 1998. ADDRESSES: Send comments to Rebecca Lent, Chief, Highly Migratory Species Management Division (F/SF1), National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910. Requests for copies of the draft should be sent to Margo Schulze at the same address. FOR FURTHER INFORMATION CONTACT: Margo Schulze or Karyl Brewster-Geisz, 301-713-2347; fax: 301-713-1917. SUPPLEMENTARY INFORMATION: The fishery for Atlantic sharks is managed under the Fishery Management Plan for Sharks of the Atlantic Ocean prepared by NMFS under authority of section 304(g) of the Magnuson- Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), as amended, and was implemented on April 26, 1993, through regulations found at 50 CFR part 678. On April 2, 1997 (62 FR 16648), NMFS reduced the large coastal shark commercial quota and recreational bag limit by 50 percent as proposed, with an exception for an additional recreational allowance of two Atlantic sharpnose sharks per person per trip. The prohibition on possession of white sharks was modified to allow for a catch-and- release-only recreational fishery. Otherwise, all measures were implemented as proposed. Partly because NMFS received comments that indicated the proposed measures may have a significant economic impact on a substantial number of small entities and because it wanted to ensure that the impacts were thoroughly analyzed, NMFS prepared a Final Regulatory Flexibility Analysis (FRFA) that assessed the economic impacts of the regulation on small entities engaged in the Atlantic shark fishery in the final rule. In that FRFA, NMFS reaffirmed its conclusion from the proposed rule stage that the 1997 quotas would not have a significant economic impact on a substantial number of small entities engaged in the large coastal shark fishery. [[Page 19240]] On May 2, 1997, a coalition of commercial shark fishermen, dealers, and organizations sued the Secretary of Commerce (Secretary) to set aside the 1997 commercial shark quotas based on allegations of uncertainty in the data used in stock assessments, on lack of international management, and on NMFS' determination that there would be no significant economic impact on a substantial number of small entities engaged in the Atlantic shark fishery. On February 27, 1998, Judge Steven D. Merryday, U.S. District Court, Middle District of Florida, Tampa Division, issued an amended order that found ``that the Secretary acted within his regulatory discretion in setting the quotas but failed to conduct a proper analysis to determine the quota's economic effect on small businesses'' (p. 1). Judge Merryday ordered that the agency submit further analyses on or before May 15, 1998, and retained jurisdiction over the case pending review of the analyses. The quotas are maintained until further order of the Court. The draft consideration of the economic effects and potential alternatives to the 1997 quotas on the Atlantic large coastal shark fishery responds to the judicial order. Public comment is requested on the assumptions, analysis, and conclusions in the draft document. NMFS must submit the final document to the United States District Court for the Middle District of Florida, Tampa Division, on or before May 15, 1998. NMFS is soliciting comments on what factors (e.g., percentage reduction in gross revenues, one-time total reduction in gross revenues), singly or in aggregate, would force a participant to cease operations in one fishery or in all fisheries, and where displaced fishing effort might be directed as a result of regulations in the Atlantic shark fishery. NMFS is also soliciting comments and data on the costs of re-rigging from gears used in the Atlantic shark fishery to participate in other fisheries. Authority: 16 U.S.C. 1801 et seq. Dated: April 13, 1998. Gary C. Matlock, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 98-10242 Filed 4-14-98; 2:44 pm] BILLING CODE 3510-22-F