[Federal Register Volume 65, Number 120 (Wednesday, June 21, 2000)]
[Rules and Regulations]
[Pages 38440-38441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15663]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 052500B]


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

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

ACTION: Implementation of prohibited species provisions; closure 
change.

-----------------------------------------------------------------------

SUMMARY: NMFS implements the 1999 prohibited species provisions and 
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 6, 2000, NMFS announced in the Federal Register a closure date 
of August 7, 2000, for LCS. In a court order by Judge Stephen D. 
Merryday, the 1999 regulations governing prohibited species provisions 
may be implemented and enforced, pending further review of the court. 
Therefore, based on 1997, 1998, and 1999 catch rates and the 
implementation of the prohibited species provisions, NMFS has 
determined that the second semiannual adjusted quota for LCS will be 
reached on or before August 15, 2000.

[[Page 38441]]


DATES: This action is effective July 1, 2000. The closure for the 
commercial LCS fishery is changed to August 15, 2000, at 11:30 p.m., 
local time, and will be in effect through December 31, 2000.

FOR FURTHER INFORMATION CONTACT: Margo Schulze-Haugen 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, 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).'' Therefore, effective July 9, 1999 
(July 14, 1999, 64 FR 37883), NMFS reverted the LCS quota to its 1997 
level of 1,285 metric tons dressed weight (all species of LCS 
included), with no minimum size on ridgeback LCS; reverted the pelagic 
and small coastal shark quotas to their 1997 levels; and applied the 
1997 prohibited species list to commercial fisheries (i.e., did not 
apply the 1999 prohibited species list to commercial fisheries). The 
limited access provisions, including trip limits for directed and 
incidental shark permit holders, and all recreational shark provisions 
(including the 1999 prohibited species provisions) were implemented.
    On May 19, 2000, the parties filed a joint motion requesting 
clarification of the June 30, 1999, order relative to the 
implementation and enforcement of the prohibited species provisions 
contained in the final rule (May 28, 1999, 64 FR 29090) of the HMS FMP.
    On June 12, 2000, NMFS received a Court Order from Judge Steven D. 
Merryday relative to the joint motion stating: ``Upon consideration, 
the motion (Doc. 142) is GRANTED. Pending further review, the defendant 
may proceed with implementation and enforcement of the prohibited 
species provisions in 64 Fed. Reg. 29090 (May 28, 1999).''
    Therefore, effective July 1, 2000, the 1999 prohibited species 
provisions, including species designations (see Table 1 of Appendix A 
to 50 CFR part 635 for a list of prohibited species) and prohibitions 
on possession are effective and will be enforced. Effective July 1, 
2000, the following species are prohibited: white, whale, basking, sand 
tiger, bigeye sand tiger, dusky, bignose, Galapagos, night, Caribbean 
reef, narrowtooth, Caribbean sharpnose, smalltail, Atlantic angel, 
longfin mako, bigeye thresher, sevengill, sixgill, bigeye sixgill.
    Pursuant to 50 CFR 635.71(d)(10), it is prohibited to retain, 
possess, sell, or purchase a prohibited shark. All sharks not retained 
must be released in a manner that will ensure maximum probability of 
survival, but without removing the fish from the water.
    Due to the implementation of the 1999 prohibited species provisions 
and, based on catch rate data from the second semiannual fishing 
seasons from 1997, 1998, and 1999 for LCS species, NMFS has determined 
that the available LCS quota of 542.5 mt dw will be attained within 46 
days. Accordingly, the second semiannual season for LCS in or from the 
Western North Atlantic Ocean, including the Gulf of Mexico and 
Caribbean Sea, will close on August 15, 2000, at 11:30 p.m. local time. 
This closure date is 8 days later than the previously announced closure 
date of August 7, 2000 (June 6, 2000, 65 FR 35855). NMFS estimates that 
the available LCS quota will not be harvested as quickly when the 
prohibited species provisions are implemented because the available 
quota is unchanged but fewer species can be harvested against that 
quota.
    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 50 CFR 635.4. After 11:30 
p.m. local time August 15, 2000, 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 50 CFR 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, 
NMFS will file notification of closure at the Office of the Federal 
Register. Those vessels that have not been issued a limited access 
permit under 50 CFR 635.4 may not sell sharks and are subject to the 
recreational retention limits and size limits specified at 50 CFR 
635.20(d) and 635.22(c). 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 Executive Order 12866.

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

    Dated: June 15, 2000.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 00-15663 Filed 6-20-00; 8:45 am]
BILLING CODE 3510-22-F