[Federal Register Volume 65, Number 234 (Tuesday, December 5, 2000)]
[Rules and Regulations]
[Pages 75867-75868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30821]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 111400A]


Atlantic Highly Migratory Species (HMS) Fisheries; Large Coastal, 
Pelagic, and Small 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, 2001; the 
LCS closure is effective from 11:30 p.m. local time March 24, 2001, 
through June 30, 2001. The fishery opening for SCS and pelagic sharks 
is January 1, 2001; no closure dates for these fisheries are included 
in this document.

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 enjoining NMFS from enforcing the 1999 regulations, 64 FR 
29090 (May 28, 1999), regarding 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). On June 12, 
2000, the Court issued

[[Page 75868]]

another order permitting NMFS to implement and enforce the 1999 
prohibited species provisions. NMFS and plaintiffs recently reached 
settlement in this litigation; NMFS intends to publish an emergency 
rule consistent with the settlement agreement once the Court stipulates 
to the settlement agreement.
    As such, the annual 2001 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 remain at the annual 1997 levels, of 1,760 and 580 mt dw, 
respectively. The prohibited species provisions will be enforced. A 
list of prohibited shark species can be found in Table 1 of Appendix A 
to part 635, part D. 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 2001 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, 2001. In 1998, 1999, and 2000, the first semiannual fishing season 
remained open until March 31 of each year. In all three years, the 
semiannual quota was exceeded. Catch rate data from the first 
semiannual fishing season from 1998 and 1999 for LCS species indicate 
that approximately 70 percent of the LCS quota had been taken by the 
end of February of each year. In 2000, catch rate data indicate that 
approximately 55 percent of the LCS quota had been taken by the end of 
February. In addition, catch rate data in all three years indicate that 
catch rates increase through the month of March. Accordingly, the 
Assistant Administrator for Fisheries (AA) has determined, based on 
these catch rates and the available quota, that the quota for the 2001 
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 24, 2001. The LCS fishery will close March 24, 2001, 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 50 CFR 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 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.
    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 50 CFR 635.4 may not sell sharks and are subject to the 
recreational retention limits and size limits specified at 50 CFR 
635.22(c) and 635.20(d), respectively. 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 29, 2000.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 00-30821 Filed 12-4-00; 8:45 am]
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