[Federal Register Volume 63, Number 97 (Wednesday, May 20, 1998)]
[Notices]
[Pages 27708-27709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13352]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 051398A]
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.

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SUMMARY: NMFS announces that the Highly Migratory Species Management 
Division has prepared a final document considering 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.

ADDRESSES: Requests for copies of the final document should be sent to 
Margo Schulze, Highly Migratory Species Management Division (F/SF1), 
National Marine Fisheries Service, 1315 East-West Highway, Silver 
Spring, MD 20910.

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, 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

[[Page 27709]]

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.
    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. On April 14, 
1998, NMFS announced the availability of the draft consideration of the 
economic effects and potential alternatives to the 1997 quotas on the 
Atlantic large coastal shark fishery in response to the judicial order. 
Public comment was requested on the assumptions, analysis, and 
conclusions in the draft document. The comments received were 
considered and used to improve the document. A summary of the comments 
and NMFS response to each are contained within the document. This final 
document was submitted to the United States District Court for the 
Middle District of Florida, Tampa Division, on May 15, 1998.

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

    Dated: May 14, 1998.
Gary C. Matlock,
Director, Office of Sustainable Fisheries National Marine Fisheries 
Service.
[FR Doc. 98-13352 Filed 5-19-98; 8:45 am]
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