[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]


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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.

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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]
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