[Federal Register Volume 67, Number 103 (Wednesday, May 29, 2002)]
[Rules and Regulations]
[Pages 37354-37355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13407]



[[Page 37354]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 011218303-1303-01; I.D. 110501B]
RIN 0648-AP70


Atlantic Highly Migratory Species; Commercial Shark Management 
Measures

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

ACTION: Emergency rule; extension of expiration date; request for 
comments; fishing season notification.

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SUMMARY: NMFS extends the expiration date of the emergency rule that 
established the commercial quotas for large and small coastal sharks at 
1,285 metric tons (mt) dressed weight (dw) and 1,760 mt dw, 
respectively. This extension is necessary to ensure that the 
regulations in force are consistent with a court-approved settlement 
agreement and are based on the best available science. NMFS also 
notifies eligible participants of the opening and closing dates for the 
Atlantic large coastal shark (LCS), small coastal shark (SCS), pelagic 
shark, blue shark, and porbeagle shark fishing seasons.

DATES: The expiration date of the emergency rule published December 28, 
2001 (66 FR 67118), is extended to December 30, 2002.
    The fishery opening for LCS is effective July 1, 2002 through 11:30 
p.m., local time, September 15, 2002. The LCS closure is effective from 
11:30 p.m., local time, September 15, 2002, through December 31, 2002.
    The fishery opening for SCS, pelagic sharks, blue sharks, and 
porbeagle sharks is effective July 1, 2002, through December 31, 2002, 
unless otherwise modified or superseded through publication of a 
closure notice in the Federal Register.
    Comments on this action must be received no later than 5 p.m. on 
August 27, 2002.

ADDRESSES: Written comments on this action must be mailed to 
Christopher Rogers, Chief, NMFS Highly Migratory Species Management 
Division, 1315 East-West Highway, Silver Spring, MD 20910; or faxed to 
301-713-1917. Comments will not be accepted if submitted via email or 
the Internet. Copies of the Environmental Assessment and Regulatory 
Impact Review prepared for the initial emergency rule may be obtained 
from Margo Schulze-Haugen or Karyl Brewster-Geisz at the same address.

FOR FURTHER INFORMATION CONTACT: Margo Schulze-Haugen or Karyl 
Brewster-Geisz at 301-713-2347.

SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed 
under the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act. The Fishery Management Plan for Atlantic Tunas, 
Swordfish, and Sharks (HMS FMP) is implemented by regulations at 50 CFR 
part 635.
    On November 21, 2000, Southern Offshore Fishing Association and 
other commercial fishermen and dealers (plaintiffs) and NMFS reached a 
settlement agreement that prescribed actions to be taken by both 
parties in order to resolve issues raised in two lawsuits brought 
against NMFS by the plaintiffs. On December 7, 2000, Judge Steven D. 
Merryday of the U.S. District Court for the Middle District of Florida 
entered an order approving the settlement agreement.
    The settlement agreement, inter alia, required NMFS to maintain the 
1997 commercial LCS quotas and the catch accounting/monitoring 
procedures pending an independent review of the 1998 LCS stock 
assessment. In October 2001, NMFS received the complete peer reviews of 
the 1998 LCS stock assessment. Three of the four reviews found that the 
scientific conclusions and scientific management recommendations 
contained in the 1998 LCS stock assessment were not based on 
scientifically reasonable uses of the appropriate fisheries stock 
assessment techniques and on the best available (at the time of the 
1998 LCS stock assessment) biological and fishery information relating 
to LCS. Because of this conclusion, NMFS regards the management 
recommendations of the 1996 stock assessment to be an appropriate basis 
for any rulemaking, pending completion of a new stock assessment. Thus, 
having considered the peer review's overall conclusion, the terms of 
the settlement agreement, and the recommendations of the 1996 stock 
assessment, NMFS published an emergency rule (December 28, 2001, 66 FR 
67118) to maintain the 1997 commercial LCS quota level until a new LCS 
stock assessment that employs improved assessment techniques and 
addresses the recommendations and comments of the peer reviews can be 
completed and independently peer reviewed.
    The 2002 LCS stock evaluation workshop (SEW) will be held June 24-
28, 2002, in the NMFS Panama City Laboratory, 3500 Delwood Beach Road, 
Panama City, Florida 32408. NMFS anticipates that the final LCS SEW 
report will be complete in August 2002.
    Upon completion of the LCS stock assessment and independent review, 
NMFS intends to implement management measures for LCS by January 1, 
2003, through notice and comment rulemaking, based on the additional 
information to ensure the conservation of LCS while maintaining a 
sustainable fishery in the long-term.
    Additionally, consistent with the court-approved settlement 
agreement, in the initial emergency rule, NMFS maintained the SCS 
commercial shark quota at the 1997 level pending a new stock assessment 
in early 2002. The 2002 SCS stock assessment report is now available, 
see ADDRESSES or online at http://www.nmfs.noaa.gov/sfa/hmspg.html. 
NMFS intends to implement management measures for SCS based on the 2002 
SCS stock assessment by January 1, 2003, through notice and comment 
rulemaking.
    This emergency rule extension is necessary to manage and conserve 
LCS based on the best scientific information available, pending 
completion of a new LCS stock assessment. Without this emergency rule 
extension, the reduced LCS and SCS commercial quotas of 816 mt dw and 
329 mt dw, respectively, adopted in the HMS FMP and based on the 1998 
LCS stock assessment, would be in force, inconsistent with the terms of 
the court-approved settlement agreement.

Annual Landings Quotas

    The 2002 annual landings quotas for LCS and SCS are established at 
1,285 mt dw and 1,760 mt dw, respectively. The 2002 quota levels for 
pelagic, blue, and porbeagle sharks are established at 488 mt dw, 273 
mt dw, and 92 mt dw, respectively.
    Of the 735.5 mt dw established for the first 2002 semiannual LCS 
season (December 28, 2001, 66 FR 67118), 722.5 mt dw was taken. NMFS is 
adding the remaining 13 mt dw to the available quota for the second 
2002 semiannual fishing season. As such, the LCS quota for the second 
2002 semiannual season

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is 655.5 mt dw. The SCS second semiannual quota for 2002 is established 
at 880 mt dw. The second 2002 semiannual quotas for pelagic, blue, and 
porbeagle sharks are established at 244 mt dw, 136.5 mt dw, and 46 mt 
dw, respectively.

Fishing Season Notification

    The second semiannual fishing season of the 2002 fishing year for 
the commercial fishery for LCS, SCS, and pelagic sharks in the western 
north Atlantic Ocean, including the Gulf of Mexico and the Caribbean 
Sea, will open July 1, 2002. To estimate the closure dates of the LCS, 
NMFS examined the average catch rates for each species group from the 
first seasons from the years 1999, 2000, and 2001 while also 
considering the reporting dates of permitted shark dealers. Due to an 
apparent changes in LCS fishing patterns, NMFS determined that using 
the most recent year's LCS catch rates for the second semi-annual 
fishing season is appropriate for estimating the 2002 LCS second 
fishing season. Based on 2001 weekly catch rates, between 92 and 102 
percent of the available quota would likely be taken between the first 
and second weeks of September. The second week of September corresponds 
with the end of the first of two monthly reporting periods for 
permitted shark dealers. Accordingly, the Assistant Administrator for 
Fisheries (AA) has determined that the LCS quota for the second 2002 
semiannual season will likely be attained by September 15, 2002. Thus, 
the LCS fishery will close September 15, 2002, at 11:30 p.m. local 
time.
    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.
    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.

Classification

    This emergency rule extension is published under the authority of 
the Magnuson-Stevens Fishery Conservation and Management Act. The AA 
has determined that this action is necessary to ensure that regulations 
in force are consistent with the court-approved settlement agreement 
and with the best available science.
    NMFS prepared an Environment Assessment for the initial emergency 
rule that describes the impact on the human environment and found that 
no significant impact on the human environment would result. This 
emergency rule extension is of limited duration. Additional details 
concerning the basis for this action are contained in the initial 
emergency rule and are not repeated here. NMFS intends to conduct 
notice and comment rulemaking to have new management measures in place, 
based on the 2002 LCS and SCS stock assessments and LCS peer review, by 
January 1, 2003.
    NMFS also prepared a Regulatory Impact Review for this action which 
assesses the economic costs and benefits of the action. Additional 
details concerning the basis for this action are contained in the 
initial emergency rule and are not repeated here.
    This emergency rule extension to establish the 2002 landings quotas 
and other shark management actions has been determined to be not 
significant for the purposes of Executive Order 12866.
    Additionally, the ancillary action announcing the fishing season is 
taken under 50 CFR 635.27(b) and is exempt from review under Executive 
Order 12866.
    Because no general notice of proposed rulemaking is required to be 
published in the Federal Register for this emergency rule extension by 
5 U.S.C. 553 or by any other law, the analytical requirements of the 
Regulatory Flexibility Act do not apply; thus, no Regulatory 
Flexibility Analysis was prepared.
    The AA finds that there is good cause to waive the requirement to 
provide prior notice and an opportunity for public comment pursuant to 
authority set forth at 5 U.S.C. 553(b)(B). Comment on these management 
measures were requested in the initial emergency rule published on 
December 28, 2001 (66 FR 67118); therefore, the agency has the 
authority to extend the emergency rule for another 180 days. Two 
comments were received. The first comment expressed concern that the 
emergency action does not allow for increases in harvest levels for the 
recreational shark fishery commensurate with increases for the 
commercial shark fishery. NMFS intends to review the recreational shark 
fishing measures during the notice and comment rulemaking after the 
2002 LCS stock assessment and peer review. The second comment raised 
procedural and legal concerns regarding the adequacy and 
appropriateness of the independent peer reviews, initial emergency 
rule, and supporting environmental assessment. Some of these concerns 
are currently the subject of ongoing litigation and will be resolved by 
a court. To the extent possible, NMFS intends to address additional 
concerns in the 2002 LCS SEW and during the notice and comment 
rulemaking after the 2002 LCS stock assessment and peer review.
    If these regulations are not in effect then more restrictive 
management measures (e.g. lower annual landings quotas and measures to 
count dead discards against that lower quota) that could significantly 
impact the fishery, and that currently lack an adequate scientific 
basis, would be in place. The public will have additional opportunities 
to comment on these or similar measures during the notice and comment 
rulemaking subsequent to the completion of the 2002 LCS stock 
assessment and peer review.

    Dated: May 22, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 02-13407 Filed 5-28-02; 8:45 am]
BILLING CODE 3510-22-S