[Federal Register Volume 65, Number 109 (Tuesday, June 6, 2000)]
[Rules and Regulations]
[Pages 35855-35856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14036]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

I.D. 052500B


Atlantic Highly Migratory Species (HMS) Fisheries; Large Coastal 
Shark, Small Coastal Shark, and Pelagic Shark Species

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

ACTION: Quota adjustment and fishing season notification.

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SUMMARY: NMFS announces that the landings of large coastal sharks (LCS) 
in the Atlantic Ocean, Gulf of Mexico, and Caribbean Sea totaled 742.7 
metric tons (mt) dressed weight (dw) during the first semiannual 2000 
season. Because this constitutes an overharvest of 100 mt dw, the 
second semiannual 2000 LCS quota is reduced accordingly. NMFS also 
notifies eligible participants of the opening and closing of fishing 
seasons for Atlantic LCS, small coastal sharks (SCS), and pelagic 
sharks.

DATES: The fishery opening for LCS is effective July 1, 2000; the LCS 
closure is effective from 11:30 p.m. local time August 7, 2000, through 
December 31, 2000. The fishery opening for SCS and pelagic sharks are 
July 1, 2000; no closure dates for these fisheries are included in this 
document.

FOR FURTHER INFORMATION CONTACT: Margo Schulze-Haugen, Karyl Brewster-
Geisz or Steve Meyers, 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 FR 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 
FR 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 includes 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.
    A motion to clarify the terms of the court injunction is pending 
before the court. If granted, the 1999 prohibited species list would be 
in effect for the Atlantic commercial shark fishery. NMFS will announce 
the court's decision with specific details in the Federal Register once 
the court rules on the motion.
    Under the terms of the Court injunction, the Assistant 
Administrator for Fisheries, NOAA (AA), is authorized to adjust the 
semiannual quota to reflect actual catches during the preceding 
semiannual period. Harvest data submitted to NMFS indicate that the 
landings of LCS from January through March 31, 2000, totaled 742.7 mt 
dw, which is 100.7 mt dw more than the available semiannual quota of 
642.5 mt dw. Therefore, the adjusted quota for LCS for the second 2000 
semiannual period is decreased from 642.5 mt dw to 542 mt dw. The 
adjusted quota of 542 mt dw is available for the period July 1 through 
December 31, 2000.
    The second 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 July 1, 
2000. Catch rate data from the second semiannual fishing seasons from 
1997, 1998, and 1999 for LCS species indicate that the available LCS 
quota of 542.5 mt dw will be attained within 38 days. Accordingly, the 
AA has determined, based on these projected catch rates and the 
adjusted quota, that the quota for the 2000 second 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 August 7, 2000. The 
LCS fishery will close August 7, 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 second semiannual quota for SCS is 880 mt dw. The second 
semiannual

[[Page 35856]]

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. 635.20(e) and 635.22(c). 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: May 31, 2000.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 00-14036 Filed 5-31-00; 4:33 pm]
BILLING CODE 3510-22-F