[Federal Register Volume 67, Number 221 (Friday, November 15, 2002)]
[Proposed Rules]
[Pages 69180-69181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29086]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 103102B]


Atlantic Highly Migratory Species; Environmental Impact Statement 
(EIS) for Amendment 1 to the Fishery Management Plan for Atlantic 
Tunas, Swordfish and Sharks; Shark Management Measures

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

ACTION: Notice of intent (NOI) to prepare an EIS; request for comments.

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SUMMARY: NMFS announces its intent to prepare an EIS under the National 
Environmental Policy Act to assess the potential effects on the human 
environment of its proposed action to initiate Amendment 1 to the 
Fishery Management Plan for Atlantic Tunas, Swordfish and Sharks based 
on the results of the 2002 stock assessments of large coastal sharks 
(LCS) and small coastal sharks (SCS). The amendment will examine 
management alternatives available to rebuild or prevent overfishing of 
Atlantic sharks, consistent with the LCS and SCS stock assessments, the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), and other relevant Federal laws. NMFS is requesting 
comments on a wide range of commercial and recreational management 
measures including, but not limited to, quotas, minimum sizes, and 
prohibited species.

DATES: Comments on this action must be received no later than 5 p.m., 
local time, on March 17, 2003.

ADDRESSES: Written comments on this action should 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 
Internet. For a copy of the 2002 stock assessments, contact Kimberly 
Marshall, Heather Stirratt, or Karyl Brewster-Geisz at (301) 713-2347.

FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz,Kimberly 
Marshall, or Heather Stirratt at (301) 713-2347.

SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed 
under the authority of the Magnuson-Stevens Act. The Fishery Management 
Plan for Atlantic Tunas, Swordfish, and Sharks (HMS FMP) is implemented 
by regulations at 50 CFR part 635.

Background

LCS

    The LCS complex is composed of several species including, but not 
limited to, sandbar, blacktip, spinner, bull, and tiger sharks. Since 
the 1993 Shark FMP, LCS have been considered overfished. The latest 
stock assessment of LCS in the U.S. Atlantic and Gulf of Mexico, 
completed in September 2002, provides an update on the status of LCS 
stocks and projects their future abundance under a variety of catch 
levels in waters off the U.S. Atlantic and Gulf of Mexico coasts. The 
2002 assessment includes catch estimates, new biological data, and a 
number of fishery-independent catch rate series, as well as extended 
fishery-dependent catch rate series.
    The results for the LCS complex indicate that overfishing could 
still be occurring and the resource may be overfished. However, for 
sandbar sharks, the stock assessment indicates that, while overfishing 
could be occurring, current biomass could be near, or somewhat above, 
maximum sustainable yield (MSY). Additionally, the stock assessment 
indicates that no reduction in catch for blacktip sharks is needed to 
maintain the stock at current levels and that some increase may be 
sustainable in the long term. This stock assessment is currently under 
peer review.

SCS

    The SCS complex is comprised of four species including Atlantic 
sharpnose, blacknose, bonnethead, and finetooth. The 1992 stock 
assessment classified SCS as being fully utilized. The 2002 stock 
assessment of SCS in the U.S. and Gulf of Mexico indicates that the 
current level of removals is sustainable for the SCS aggregate. 
Aggregate biomass levels for the SCS aggregate are estimated at or 
above those which could produce MSY, and are not considered to be 
overfished. However, recent fishing mortality of finetooth sharks 
exceeds the fishing mortality at MSY, indicating overfishing is 
occurring for this species.

[[Page 69181]]

    Copies of the assessments are available for review (see ADDRESSES).

Management Options

    NMFS requests comments on management options for this action. 
Specifically, NMFS requests comments on commercial management options 
including quota levels, regional and seasonal quotas, trip limits, 
minimum sizes, applying dead discards and state landings after a 
Federal closure to the quota, counting quota over- and underages, and 
fishery closure and opening notices. Additionally, NMFS request 
comments on recreational management options including retention limits, 
minimum sizes, authorized gear, and landing requirements. NMFS also 
seeks comment regarding deep water and prohibited shark species, 
display quotas, time/area closures and the organization of species 
groupings. Comments received on this action will assist NMFS in 
determining the options for rulemaking to conserve and manage shark 
resources and shark fisheries.
    NMFS intends to publish an Issues and Options paper summarizing the 
different options under consideration and will announce the 
availability of this document at a later date. Within the comment 
period established in this action, NMFS will hold at least one scoping 
meeting to gather public comment on the implementation of new 
management measures for Atlantic sharks (time and location details of 
which will be announced in a subsequent Federal Register notification).
    Based on the 2002 stock assessments, NMFS believes the 
implementation of new management measures via an amendment to the HMS 
FMP is necessary to rebuild or prevent overfishing of Atlantic sharks. 
NMFS anticipates completing this amendment and any related documents by 
January 1, 2004. NMFS is currently in the process of developing new 
interim management measures via a proposed and final rule. These 
interim management measures would address quotas and other management 
measures currently in place and would remain in effect until the 
amendment is finalized.

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

    Dated: November 12, 2002.
John H. Dunnigan,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 02-29086 Filed 11-14-02; 8:45 am]
BILLING CODE 3510-22-S