[Federal Register Volume 69, Number 46 (Tuesday, March 9, 2004)]
[Rules and Regulations]
[Pages 10936-10937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5283]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 030304A]


Atlantic Highly Migratory Species; Small Coastal Shark Fishery

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

ACTION: Regional fishery closure.

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SUMMARY: NMFS is closing the commercial fishery for small coastal 
sharks conducted by persons aboard vessels issued a Federal Atlantic 
shark permit in the Gulf of Mexico region. This action is necessary 
because the quota for the first 2004 semiannual season in the Gulf of 
Mexico season has been exceeded. The commercial small coastal shark 
fisheries in the South Atlantic and North Atlantic regions are 
allocated separate quotas and will remain open until further notice.

DATES: The commercial small coastal shark fishery in the Gulf of Mexico 
region is closed effective from 11:30 p.m. local time March 18, 2004, 
through June 30, 2004.

FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz, 301-713-2347; 
fax 301-713-1917.

SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed 
under the Fishery Management Plan for Atlantic Tunas, Swordfish, and 
Sharks 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.).
    On December 24, 2003 (68 FR 74746), NMFS announced that the small 
coastal shark quota for the first semiannual fishing season of the 2004 
fishing year in the Gulf of Mexico region would be 11.2 metric tons 
(mt) dressed weight (dw) (24,691.5 lbs dw). As of February 27, 2004, 
preliminary reports from dealers indicate that approximately 20.7 mt dw 
(45,553 lbs dw) have been reported landed in the Gulf of Mexico region 
during the 2004 fishing year.
    Under 50 CFR 635.28(b)(2), when the fishing season quota for small 
coastal sharks is reached for a particular region, NMFS will file for 
publication a notice of closure at least 14 days before the effective 
date. Accordingly, NMFS is closing the commercial small coastal shark 
fishery in the Gulf of Mexico region as of 11:30 p.m. local time March 
18, 2004, through June 30, 2004. During the closure, retention of small 
coastal sharks is prohibited for persons fishing aboard vessels issued 
a commercial shark limited access permit under 50 CFR 635.4, unless the 
vessel is permitted to operate as a charter vessel or headboat for HMS 
and is engaged in a for-hire trip, in which case the recreational 
retention limits for sharks may apply (50 CFR 635.22(c)). The sale, 
purchase, trade, or barter or attempted sale, purchase, trade, or 
barter of carcasses and/or fins of small coastal sharks harvested by a 
person aboard a vessel in the Gulf of Mexico region that has been 
issued a commercial shark limited access permit under 50 CFR 635.4, is 
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. Small coastal sharks can be harvested, offloaded, 
and sold, traded, or bartered in a region other than the Gulf of Mexico 
until further notice.
    This closure does not affect the commercial small coastal shark 
fisheries in the South Atlantic or North Atlantic regions which remain 
open until further notice. In addition, the commercial pelagic shark 
fishery remains open until further notice. The large coastal shark 
fishery in the North Atlantic is currently open, and as was announced 
on December 24, 2004 (68 FR 74746), will close on April 15, 2004. The 
recreational shark fishery is not affected by this closure.

Classification

    Pursuant to 5 U.S.C. 553 (b)(B), the Assistant Administrator for 
Fisheries, NOAA (AA), finds that providing for prior notice and public 
comment for this action is impracticable and contrary to the public 
interest. Based on recent

[[Page 10937]]

landings reports, this closure is necessary to prevent the further 
overharvest of the small coastal shark quota established for the Gulf 
of Mexico region. The fishery is currently underway, and any further 
delay in this action would cause further overharvest of the quota and 
be inconsistent with management requirements and objectives. NMFS 
provides rapid notification of the closure by publishing the closure 
notice in the Federal Register, faxing notification to individuals on 
the HMS FAX Network and to known fishery representatives. For these 
same reasons, the AA also finds good cause to waive the 30-day delay in 
effective date pursuant to 5 U.S.C. 553 (d)(3). This action is required 
under 50 CFR 635.28(b)(2) and is exempt from review under Executive 
Order 12866.

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

    Dated: March 4, 2004.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-5283 Filed 3-4-04; 3:50 pm]
BILLING CODE 3510-22-S