[Federal Register Volume 66, Number 123 (Tuesday, June 26, 2001)]
[Rules and Regulations]
[Pages 33918-33919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15872]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 061101A]


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), pelagic sharks, blue sharks, and porbeagle 
sharks.

DATES: The fishery opening for LCS is effective July 1, 2001; the LCS 
closure is effective from 11:30 p.m. local time August 31, 2001, 
through December 31, 2001. The available quota for SCS, pelagic sharks, 
blue sharks, and porbeagles sharks is effective July 1, 2001, through 
December 31, 2001, unless otherwise modified or superseded through 
notification in the Federal Register.

FOR FURTHER INFORMATION CONTACT: 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.).
    Since 1997, NMFS has been involved in litigation with Southern 
Offshore Fishing Association (SOFA) and other commercial fishermen and 
dealers regarding the commercial regulations for the Atlantic shark 
fishery. NMFS and plaintiffs reached settlement in this litigation, and 
the United States District Court for the Middle District of Florida 
Tampa Division stipulated to this agreement in December 2000. On March 
6, 2001, NMFS published an emergency rule implementing the 1997 LCS and 
SCS quotas and catch accounting/monitoring procedures consistent with 
the settlement agreement (66 FR 13441).
    Additionally, the settlement agreement required NMFS to obtain an 
independent peer review of the 1998 LCS stock assessment. As of June 
19, 2001, the reviews were not complete. Thus, based on the terms of 
the settlement agreement, the annual quotas for LCS and SCS will remain 
at the 1997 levels of 1,285 metric tons (mt) dressed weight (dw) and 
1,760 mt dw, respectively. Also, per the settlement agreement, NMFS has 
implemented the 1999 HMS FMP annual quota levels for pelagic, blue, and 
porbeagle sharks of 488 mt dw, 273 mt dw, and 92 mt dw, respectively 
(66 FR 55; January 2, 2001).
    Of the 642.5 mt dw available for the first semiannual LCS season, 
587.5 mt dw was taken. NMFS is adding the remaining 55 mt dw to the 
available quota for the second semiannual 2001 fishing season. Although 
the settlement agreement did not include a specific procedure for a 
quota underharvest, such carryover to the next semiannual season was 
stipulated for any overharvest. Thus, this carryover of underharvest is 
consistent with the procedure outlined in the December 2000 settlement 
agreement entered into by NMFS and plaintiffs from the fishing 
industry. As such, the LCS quota for the 2001 second semiannual season 
is 697 mt dw. The SCS second semiannual quota for 2001 will remain at 
the 1997 level of 880 mt dw. The second 2001 semiannual quotas for 
pelagic, blue, and porbeagle sharks will be 244 mt dw, 136.5 mt dw, and 
46 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, subpart D. The limited access provisions for commercial harvests 
still apply, including trip limits for directed and incidental shark 
permit holders.
    The second 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 July 1, 
2001. To estimate the closure dates of the LCS, NMFS used the average 
daily catch rates for each species group from the second seasons from 
the years 1998, 1999, and 2000 while also considering the reporting 
dates of permitted shark dealers. The 1998 and 2000 data indicate that 
over 60 percent of the available quota could be taken by the end of 
July and 70 to 90 percent of the available quota could be taken within 
the first 2 weeks of August. In 1999, the second semiannual season was 
closed at the end of July and re-opened in September. Thus, 1999 catch 
rate data for August is not available and NMFS does not feel it 
appropriate at this time to use the catch rates from September and 
October to estimate a possible closure in August. July 1999 data 
indicate that only 30 percent of the available quota could be taken. 
However, NMFS was implementing limited access for the Atlantic shark 
and swordfish fisheries in July of 1999 and many fishermen, who would 
normally fish, may not have had the correct permits at that time. 
Accordingly, the Acting Assistant Administrator for Fisheries (AA) has 
determined that the LCS quota for the second 2001 semiannual season 
will likely be attained by August 31, 2001. Thus, the LCS fishery will 
close August 31, 2001, at 11:30 p.m. local time.
    During a closure, retention of, fishing for, possessing or selling 
LCS are

[[Page 33919]]

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.
    When quotas are projected to be reached for the SCS, pelagic, blue, 
or porbeagle shark 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 size limits and retention limits specified at 50 CFR 
635.20(e) and 635.22(c), 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: June 19, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-15872 Filed 6-21-01; 5:03 pm]
BILLING CODE 3510-22-S