[Federal Register Volume 66, Number 1 (Tuesday, January 2, 2001)]
[Rules and Regulations]
[Pages 55-56]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-33449]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 121200G]


Atlantic Highly Migratory Species (HMS) Fisheries; Pelagic Shark 
Species

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

ACTION: Commercial fishing quota notification.

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SUMMARY: NMFS notifies eligible participants of commercial quotas for 
pelagic shark species for the 2001 fishing year. These quotas are 
consistent with the regulations issued in May 1999 to implement the 
Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks.

DATES: The fishery opening for pelagic sharks is January 1, 2001.

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 are found at 50 CFR part 
635 issued under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.).
    On June 30, 1999, in the course of a lawsuit brought by commercial 
shark fishermen and dealers, NMFS was enjoined 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 November 22, 2000, NMFS and the Plaintiffs signed a 
settlement agreement.

[[Page 56]]

 On December 7, 2000, the Court stipulated to the agreement and 
dissolved the injunction against the 1999 HMS FMP commercial shark 
regulations.
    NMFS is now implementing and enforcing the pelagic shark quotas 
established in the May 28, 1999, regulations (64 FR 29090). The annual 
2001 pelagic shark quota is as follows: porbeagle sharks, 92 mt dw; 
blue sharks, 273 mt dw; and pelagic sharks other than porbeagle sharks, 
488 mt dw. The first semiannual quota for pelagic sharks is as follows: 
porbeagle sharks, 46 mt dw; blue sharks, 136.5 mt dw; and pelagic 
sharks other than porbeagle sharks, 244 mt dw. This fishery will open 
on January 1, 2001. When the quotas are projected to be reached for 
this fishery, NMFS will file notification of closure at the Office of 
the Federal Register at least 14 days before the effective date.
    This document does not change the quotas or fishing season lengths 
announced on December 5, 2000, for large or small coastal sharks (65 FR 
75867). NMFS is currently developing an emergency rule consistent with 
the settlement agreement for these fisheries.
    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: December 26, 2000.
Val Chambers,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 00-33449 Filed 12-29-00; 8:45 am]
BILLING CODE 3510-22-S