[Federal Register Volume 66, Number 32 (Thursday, February 15, 2001)]
[Notices]
[Pages 10484-10485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3867]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 121300A]


National Plan of Action for the Conservation and Management of 
Sharks

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

ACTION: Notice of availability of final plan; response to public 
comments.

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SUMMARY: NMFS announces the availability of the final National Plan of 
Action (NPOA) developed pursuant to the endorsement of the 
International Plan of Action (IPOA) for the Conservation and Management 
of Sharks by the United Nations' Food and Agriculture Organization 
Committee on Fisheries (COFI) Ministerial Meeting in February 1999. 
NMFS prepared this final plan based on consultation with scientific and 
technical experts, and certain Federal and state agencies, and comments 
from members of the public. Response to public comments on the draft 
NPOA is provided.

ADDRESSES: Written requests for copies of the final NPOA should be sent 
to Margo Schulze-Haugen, Highly Migratory Species Management Division 
(F/SF1), National Marine Fisheries Service (NMFS), 1315 East-West 
Highway, Silver Spring, MD 20910, or may be sent via facsimile (fax) to 
301-713-1917.

FOR FURTHER INFORMATION CONTACT: Margo Schulze-Haugen or Karyl 
Brewster-Geisz, (301) 713-2347; fax (301) 713-1917.

SUPPLEMENTARY INFORMATION: Noting the increased concern about the 
expanding catches of sharks and their potential negative impacts on 
shark populations, the IPOA calls on member nations to voluntarily 
develop national plans to ensure the conservation and management of 
sharks for their long-term sustainable use by applying the 
precautionary approach. Member nations are encouraged to develop and 
implement an NPOA if their vessels conduct directed fisheries for 
sharks or if their vessels regularly catch sharks incidentally in 
fisheries for other species. Specifically, the IPOA calls on member 
nations to ensure that shark catches from directed and incidental 
fisheries are sustainable; assess threats to shark populations; protect 
critical habitats; provide special attention to vulnerable or 
threatened shark stocks; minimize unutilized incidental catches of 
sharks; encourage full use of dead sharks; improve species-specific 
catch and landings data and monitoring of shark catches; and consult 
with stakeholders in research, management, and educational initiatives 
within and between member nations. The United States committed to 
developing this national plan, and reporting on its implementation to 
COFI, no later than the 25th COFI session in February 2001.
    A proposed schedule, outline, background, and rationale were 
published in the Federal Register on September 30, 1999 (64 FR 52772). 
A revised schedule was published in the Federal Register on March 27, 
2000 (65 FR 16186). A notice of availability of the draft NPOA was 
published in the Federal Register on August 4, 2000 (65 FR 47968); the 
comment period ended September 30, 2000.

Comments and Responses

    Comment 1: The NPOA is not a plan of action at all; it fails to 
commit to a strategy for action with clearly articulated short and 
long-term goals, priorities, time frames, responsible management 
entities, and funding.
    Response: The NPOA was developed by NMFS to fulfill the national 
responsibility of the United States. NMFS' goal in the NPOA is to 
establish a process where the various entities in the United States 
work cooperatively to fulfill the objectives of the IPOA. The authority 
under which NMFS operates is the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act), which calls for the 
conservation and management of living marine resources, including 
sharks, and establishes requirements and deadlines for rebuilding plans 
for overfished species. The Magnuson-Stevens Act does not give NMFS the 
authority to ``require'' Regional Fishery Management Councils 
(Councils) to take a specific action for those species of sharks that 
are not under direct agency management. While it is true that the 
agency may prepare a new fishery management plan (FMP) or amend an 
existing FMP if the appropriate Council fails to develop, after a 
reasonable period of time, necessary management measures, it is 
preferable that the appropriate Council act first.
    Additionally, NMFS has no authority to review or direct Interstate 
Fisheries Commissions (Commissions) or coastal States to take action(s) 
regarding shark conservation and management. Thus, NMFS will work 
cooperatively with Councils, Commissions, and States and encourage them 
to take action to ensure the conservation and management of sharks and 
their long-term sustainable use.
    Nevertheless, the final NPOA for sharks does provide policy 
guidance to Councils, Commissions, and States to conduct an initial 
assessment within 2 years of completion of this NPOA (if such 
assessment is not already done) to determine if the fisheries under 
their jurisdiction are sustainable so that NMFS may incorporate that 
information into the biennial report to COFI in 2003. If shark 
conservation and management measures are found to be necessary, the 
final NPOA provides further policy guidance to responsible management 
entities to develop fishery-specific measures within 2 years, with 
reporting to NMFS by September 2004 so that that information may be 
incorporated into the biennial report to COFI in 2005. For any 
fisheries that are under the authority of the Magnuson-Stevens Act

[[Page 10485]]

and that are identified as overfished, the development of rebuilding 
programs must be consistent with section 304(f) of the Magnuson-Stevens 
Act. NMFS will work cooperatively with Councils, Commissions, and 
states in these determinations and development of management measures.
    NMFS believes that the final NPOA demonstrates strong U.S. 
leadership on this important international shark conservation issue. 
The United States has already several FMPs that regulate directed and 
incidental catches of sharks as well as bycatch of sharks, and other 
FMPs under consideration or development. Additionally, the United 
States is likely to be one of the first COFI members to complete an 
NPOA for sharks, will urge other members to develop and implement 
NPOAs, as appropriate, and will pursue shark conservation and 
management in other international fisheries management fora.
    NMFS acknowledges that assessing shark conservation and management 
needs and effectiveness is costly, and that the final NPOA includes 
ambitious objectives and goals. Additional funding needs for 
implementing the final NPOA need to be addressed by the individual 
management entities. In the past, NMFS did not have the resources to 
monitor all sharks caught in all U.S. fisheries and effective 
implementation of the final NPOA may require additional funding. NMFS 
will use the final NPOA as guidance in its strategic planning and 
budget processes.
    Comment 2: The NPOA fails to include a bycatch reduction strategy 
with goals and timeframes.
    Response: In addition to the NPOA's policy guidance on actions and 
time frames outlined above, the United States participates in 
international fishery agreements to reduce or minimize bycatch, 
including the IPOA and the United Nations Food and Agriculture 
Organization Code of Conduct for Responsible Fisheries.
    NMFS believes that directed, incidental or bycatch shark fisheries 
constitute unique situations that require development of fishery-
specific shark conservation and management measures. It is not 
necessary to state explicit conservation and management standards for 
individual fisheries or for the nation as a whole as these are 
identified in the IPOA, NPOA, and Magnuson-Stevens Act.
    Comment 3: The NPOA should call for adoption of the precautionary 
approach and development of precautionary FMPs for all elasmobranch 
fisheries, regardless of overfishing.
    Response: NMFS agrees that the precautionary approach should be 
adopted in the conservation and management measures and development of 
FMPs. NMFS believes that the National Standards Guidelines for the 
Magnuson-Stevens Act and this NPOA for sharks include this policy 
guidance. However, NMFS believes that each fishery represents unique 
situations that should be addressed on a fishery-specific basis and 
that development of precautionary FMPs should be prepared by the 
responsible management entity.
    Comment 4: NMFS should identify overarching outreach priorities and 
develop an identification guide for the Atlantic and Pacific regions.
    Response: NMFS agrees that public outreach on the identification of 
sharks, as well as the need for shark conservation and management, are 
high priorities. Towards that end, NMFS is developing an identification 
guide for sharks of the Atlantic Ocean, Gulf of Mexico, and Caribbean 
Sea, with anticipated completion in early 2001.
    Comment 5: All management entities should be required to produce 
reports on all shark catches in all fisheries every 2 years.
    Response: NMFS agrees that regular assessment and reporting of 
shark catches in all fisheries is appropriate and would enhance 
biennial reporting to COFI on implementation of the NPOA. Accordingly, 
the final NPOA includes policy guidance on time frames for reporting, 
and NMFS will work cooperatively with Councils, Commissions, and States 
on generating the relevant reports.
    Comment 6: The NPOA should include a comprehensive overview of 
health and status of all elasmobranch populations, research and data 
needs, and current management.
    Response: NMFS believes that the final NPOA includes a brief, yet 
complete, review of Atlantic and Pacific shark stock status, fishery 
descriptions, research and management needs, and current management. 
NMFS refers interested constituents to the NMFS annual Report to 
Congress on Status of Fisheries of the United States (see http://www.nmfs.noaa.gov/sfa/reports.html) and the relevant FMPs for more 
comprehensive information on specific species and/or fisheries.
    Comment 7: The NPOA should include a specific section on threatened 
species, including Endangered Species Act candidates and American 
Fisheries Society stocks at risk.
    Response: NMFS agrees and has modified the final NPOA.
    Comment 8: The NPOA should elaborate more on progress in 
international and regional organizations such as the Asian Pacific 
Economic Cooperation Forum, the Northwest Atlantic Fisheries 
Organization, and the Convention on the International Trade in 
Endangered Species of Flora and Fauna.
    Response: NMFS agrees and has modified the format of the final 
NPOA.

Changes From Draft NPOA

    NMFS made a number of changes in the final NPOA pursuant to public 
comments that were submitted on the draft NPOA. The final NPOA provides 
policy guidance and time frames for NMFS, Council, Commission, and 
state action to conduct initial assessments of shark catches and 
fisheries within two years of completion of the NPOA and to develop 
fishery-specific management measures, as appropriate, within 4 years. 
The sections describing international science and management 
initiatives and guidance on adopting the precautionary approach and 
protecting vulnerable species are expanded.

Electronic Access

    The final version of the NPOA is now available on the NMFS website 
(http://www.nmfs.noaa.gov). Hard copies of the document are available 
upon request (see ADDRESSES).

    Authority: 16 U.S.C. 971 et seq. and 1801 et seq.

    Dated: February 8, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-3867 Filed 2-14-01; 8:45 am]
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