[Federal Register Volume 64, Number 134 (Wednesday, July 14, 1999)]
[Rules and Regulations]
[Pages 37883-37884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17925]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 052499C]


Atlantic Highly Migratory Species (HMS) Fisheries; Large Coastal 
Shark Species; Commercial Fishery Closure Change

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

ACTION: Closure change.

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SUMMARY: NMFS changes the closure of the large coastal shark (LCS) 
commercial fishery in the Atlantic Ocean, including the Gulf of Mexico 
and Caribbean Sea. On June 7, 1999, NMFS announced in the Federal 
Register a closure date of July 12, 1999, for non-ridgeback LCS and a 
closure date of August 8, 1999, for ridgeback LCS. In a court order by 
Judge Stephen D. Merryday, the new regulations governing catch quotas 
and fish counting methods are enjoined until further order of the 
court. Therefore, based on 1997 and 1998 catch rates, NMFS has 
determined that the second semiannual subquota for LCS will be reached 
on or before July 28, 1999.

DATES: This postponement action is effective July 9, 1999. The closure 
for the commercial LCS fishery is changed to 11:30 p.m., local time, 
July 28, 1999, and will be in effect through December 31, 1999.

FOR FURTHER INFORMATION CONTACT: Margo Schulze or Karyl Brewster-Geisz, 
301-713-2347; fax 301-713-1917.

SUPPLEMENTARY INFORMATION: The Atlantic shark fishery is managed under 
the Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks 
(HMS FMP), and its implementing regulations found at 50 CFR part 635 
issued under authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.).
    On June 30, 1999, the NMFS received a Court Order from Judge Steven 
D. Merryday relative to the May, 1997 lawsuit challenging commercial 
harvest

[[Page 37884]]

quotas for Atlantic sharks. Specifically, the order states: `` * * * 
the Court hereby preliminarily, and until further order of the Court, 
expressly ENJOINS the defendant and his designees from enforcing the 
1999 regulations, 64 Fed. Reg. 29090 (May, 28, 1999) with respect to 
Atlantic shark commercial catch quotas and fish-counting methods 
(including the counting of dead discards and state commercial landings 
after federal closures) that are different from the quotas and fish 
counting methods prescribed by the 1997 Atlantic shark regulations, 62 
Fed. Reg. 16648 (April 7, 1997).'' Therefore, the LCS quota reverts to 
its 1997 level of 1,285 metric tons dressed weight (all species of LCS 
included), with no minimum size on ridgeback LCS, the pelagic and small 
coastal shark quotas also revert to their 1997 levels, the 1997 
prohibited species list now applies in commercial fisheries only (five 
prohibited species: white, basking, whale, sand tiger and bigeye sand 
tiger). The limited access provisions do still apply, however, 
including trip limits for directed and incidental shark permit holders.
    Based on projected catch rates, NMFS had previously announced 
commercial closure dates of July 12, 1999, for non-ridgeback LCS and 
August 8, 1999, for ridgeback LCS (see Table 1(a) of appendix A to part 
635) for the 1999 second semiannual season for LCS in or from the 
Western North Atlantic Ocean, including the Gulf of Mexico and 
Caribbean Sea (64 FR 30248, June 7, 1999).
    During a closure, retention of, fishing for, possessing or selling 
LCS are prohibited for persons fishing aboard vessels issued a directed 
or incidental limited access permit under Sec. 635.4. After 11:30 p.m. 
local time July 28, 1999, the sale, purchase, trade, or barter of 
carcasses and/or fins of LCS harvested by a person aboard a vessel that 
has been issued a permit under Sec. 635.4 are prohibited, except for 
those that were harvested, offloaded, and sold, traded, or bartered 
prior to the closure and were held in storage by a dealer or processor.
    Commercial fishing for pelagic and small coastal sharks may 
continue until further notice. When quotas are projected to be reached, 
the Assistant Administrator will file notification of closure at the 
Office of the Federal Register. Those vessels that have not been issued 
a limited access permit under Sec. 635.4 may not sell sharks and are 
subject to the recreational retention limits and size limits specified 
at Secs. 635.22(c) and 635.20(d). The recreational fishery is not 
affected by this action.

Classification

    This action is taken under 50 CFR part 635 and is exempt from 
review under E.O. 12866.

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

    Dated: July 8, 1999
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 99-17925 Filed 7-9-99; 4:41 pm]
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