[Federal Register Volume 64, Number 226 (Wednesday, November 24, 1999)]
[Rules and Regulations]
[Page 66114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30667]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

I.D. 111899C


Atlantic Highly Migratory Species (HMS) Fisheries; Large Coastal 
Shark Species

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

ACTION: Fishing season notification.

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SUMMARY: NMFS notifies eligible participants of the opening and closing 
of fishing seasons for Atlantic large coastal sharks (LCS), small 
coastal sharks (SCS), and pelagic sharks.

DATES: The fishery opening for LCS is effective January 1, 2000; the 
LCS closure is effective from 11:30 p.m. local time March 31, 2000, 
through June 30, 2000. The fishery opening for SCS and pelagic sharks 
are January 1, 2000; no closure dates for these fisheries are included 
in this document.

FOR FURTHER INFORMATION CONTACT: Steve Meyers or Margo Schulze, 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, NMFS received a Court Order from Judge Steven D. 
Merryday relative to the May, 1997, lawsuit challenging commercial 
harvest 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).''
    As such, the annual 2000 LCS quota continues at the 1997 level of 
1,285 mt dw for all species of LCS, (Table 1 of appendix A to part 
635), with no minimum size on ridgeback LCS. The SCS and pelagic shark 
quotas also revert to their annual 1997 levels, of 1,760 and 580 mt dw, 
respectively. The 1997 prohibited species list now applies to only five 
prohibited species: white, basking, whale, sand tiger and bigeye sand 
tiger. The limited access provisions for commercial harvests still 
apply, including trip limits for directed and incidental shark permit 
holders.
    The first semiannual fishing season of the 2000 fishing year for 
the commercial fishery for LCS in the Western North Atlantic Ocean, 
including the Gulf of Mexico and the Caribbean Sea will open January 1, 
2000. Catch rate data from the first semiannual fishing season from 
1997 and 1998 for LCS species indicate that the LCS quota of 642.5 mt 
dw will be attained within 90 days. Accordingly, the Assistant 
Administrator for Fisheries (AA) has determined, based on these 
projected catch rates and the available quota, that the quota for the 
2000 first semiannual season for LCS in or from the Western North 
Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea, will be 
attained as of March 31, 2000. The LCS fishery will close March, 31, 
2000, at 11:30 p.m. local time.
    During a closure, retention of, fishing for, possessing or selling 
LCS are prohibited for persons fishing aboard vessels issued a limited 
access permit under Sec. 635.4. 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.
    The first semiannual quota for SCS is 880 mt dw. The first 
semiannual quota for pelagic sharks is 290 mt dw. When quotas are 
projected to be reached for these fisheries, the AA will file 
notification of closure at the Office of the Federal Register at least 
14 days before the effective date.
    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 any closure in the commercial fishery.

Classification

    This action is taken under 50 CFR part 635 and is exempt from 
review under Executive Order 12866.

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

    Dated: November 18, 1999.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 99-30667 Filed 11-23-99; 8:45 am]
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