[Federal Register Volume 69, Number 93 (Thursday, May 13, 2004)]
[Proposed Rules]
[Pages 26540-26541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10897]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 040430138-4138-01; I.D. 042204C]
RIN 0648-AS28


Atlantic Highly Migratory Species (HMS) Fisheries; Adjustment of 
the Semi-annual Quotas for Large Coastal Sharks (LCS) in the North 
Atlantic Region

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

ACTION: Proposed rule; request for comments.

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SUMMARY: This proposed rule would adjust the seasonal split of the 
North Atlantic LCS regional quota from an equal percentage split of the 
quota to a 20 to 80 percentage split of the quota between the first and 
second 2004 semi-annual seasons, respectively. Landings data indicate 
that the North Atlantic quota would be reached or exceeded in a short 
period of time during the second semi-annual season under the existing 
quota allocations. This action could affect all fishermen with 
commercial shark limited access permits fishing in the North Atlantic 
region.

DATES: Public comments must be received by May 28, 2004.

ADDRESSES: Comments on the proposed rule may be submitted by mail to 
the HMS Management Division, 1315 East West Highway, Silver Spring, MD 
20910. Please mark the outside of the envelope ``Comments on Proposed 
Rule on North Atlantic LCS Quota Allocation.'' Comments may also be 
made via facsimile (fax) to 301-713-1917. Comments on this proposed 
rule may also be submitted by e-mail. The address for providing e-mail 
comments is [email protected]. Include in the subject line of the e-
mail comment the following document identifier (RIN 0648-AS28 and I.D. 
042204C). Comments may also be submitted electronically through the 
Federal e-Rulemaking portal: http//www.regulations.gov.
    For copies of Amendment 1 to the Fisheries Management Plan for 
Atlantic Tunas, Swordfish, and Sharks or its implementing regulations, 
please write to Highly Migratory Species (HMS) Management Division (F/
SF1), Office of Sustainable Fisheries, National Marine Fisheries 
Service, 1315 East-West Highway, Silver Spring, MD 20910, or visit the 
webpage http://www.nmfs.noaa.gov/sfa/hms

FOR FURTHER INFORMATION CONTACT: For additional information regarding 
the requirements specified in this document, contact Chris Rilling, 
Karyl Brewster-Geisz, or Heather Stirratt, phone 301-713-2347 or fax 
301-713-1917.

SUPPLEMENTARY INFORMATION: On December 24, 2003, NMFS issued a final 
rule (68 FR 74746) that established the 2004 annual landings quota for 
LCS at 1,017 metric tons (mt) dressed weight (dw). The final rule also 
established regional LCS quotas for the commercial shark fishery in the 
Gulf of Mexico (Texas to the West coast of Florida), South Atlantic 
(East coast of Florida to North Carolina and the Caribbean), and North 
Atlantic (Virginia to Maine). The quota for LCS was split between the 
three regions as follows: 42 percent to the Gulf of Mexico, 54 percent 
to the South Atlantic, and 4 percent to the North Atlantic. As was done 
since 1993, the quotas for each region were further split evenly 
between the 2004 first and second semi-annual fishing seasons. This 
proposed rule does not alter the annual landings quota or the overall 
North Atlantic regional quota, but proposes to adjust the seasonal 
quota split for the North Atlantic region.
    Landings data from 2000-2002 indicate that the majority of LCS in 
the North Atlantic region are landed in the second semi-annual season. 
Historically, first season landings, including state landings after a 
Federal closure, have ranged from 6 to 38 percent, with an average of 
approximately 20 percent of the annual regional quota for the North 
Atlantic being landed during the first season. Second season landings, 
including state landings after a Federal closure, have ranged from 62 
to 94 percent, with an average of approximately 80 percent of the 
annual regional quota for the North Atlantic being landed during the 
second season. In addition, as of April 23, 2004, there were no 
reported landings of LCS for the North Atlantic region during the first 
semi-annual season, indicating that the current 50 percent split 
between the two semi-annual seasons does not reflect the historic or 
current landings for the North Atlantic region.
    As a result, NMFS proposes to adjust the seasonal quota split from 
an even split (50/50) to a 20/80 split resulting in 8.1 mt dw for the 
first semi-annual season and 32.6 mt dw for second semi-annual season, 
not adjusted for any over- or underharvest. This action will not affect 
the overall landings quota for the fishery or the region (40.7 mt dw 
for the North Atlantic), but will adjust the available North Atlantic 
LCS quota in each season to result in a longer second season that more 
accurately reflects historical and current landings in the region. Any 
over- or underharvest from both seasons will be considered before 
establishing the trimester season which begins in 2005.
    Since neither the annual quotas, nor the overall regional quotas 
are proposed to be changed, NMFS does not expect this action to result 
in any negative economic consequences. This action will likely have a 
positive economic impact by allowing fishermen to harvest an amount 
closer to the actual historic landings for the region. Without making 
this adjustment, the season length would have to be shortened when the 
lower existing quota was reached, thus preventing fishermen from 
landing as many sharks as they have historically. The short season 
would also make effective management and reporting of

[[Page 26541]]

the data in a timely manner impracticable. Dealer reports of shark 
landings are received on a bi-weekly basis, and under the lower 
existing quota the season would have to be closed in a matter of days 
rather than weeks, thus not allowing sufficient time to review landings 
reports.
    Regulations at 50 CFR 635.27(b) provide for adjustments of shark 
fishing quotas via a framework regulatory action. Adjustments to the 
quotas are to be filed with the Office of the Federal Register for 
publication at least 30 days prior to the start of the next fishing 
season.
    A Federal Register notification announcing the opening and closing 
dates and quotas for all regions will be published in a separate 
document prior to the start of the second semi-annual commercial shark 
fishing season.

Classification

    This proposed rule is published under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 
1801 et seq. The Assistant Administrator for Fisheries (AA) previously 
determined in Amendment 1 to the HMS FMP that the implementation of 
regional quotas was necessary to ensure effective implementation of the 
commercial shark fishery. The AA has initially determined that this 
rule is consistent with the Magnuson-Stevens Fishery Conservation and 
Management Act and other applicable laws.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities.
    As of October 2003, there were 56 directed shark limited access 
permits in the North Atlantic region that would be affected by this 
rule, all of which are considered small entities. This proposed rule 
would have a positive economic impact because it would allow the 
fishery to stay open longer, thus providing fishermen with a better 
opportunity to catch the quota. The positive economic impact is not 
expected to be significant because the overall quota would not be 
changed, only the period during which the quota could be harvested. By 
not making this adjustment, the second semi-annual season length would 
be considerably shorter because the fishery would have to close when 
the lower existing quota was reached, the quota would not reflect 
historic and current landings in the fishery, and there could be a 
negative economic impact on fishermen due to the early closure and 
lower landings. Because this action would not have a significant 
economic impact on a substantial number of small entities, no initial 
regulatory flexibility analysis was prepared.
    Pursuant to the procedures established to implement Executive Order 
12866, the Office of Management and Budget has determined that this 
final rule is not significant.
    NMFS notified all states, consistent with the Coastal Zone 
Management Act, of the regional quotas during the rulemaking for 
Amendment 1 of the HMS FMP. No states indicated that the regional quota 
requirement was inconsistent with their coastal zone management 
programs. Thus, NMFS has determined that adjusting the semi-annual 
regional quota for the North Atlantic region would be consistent to the 
maximum extent practicable with the enforceable policies of those 
Atlantic, Gulf of Mexico, and Caribbean coastal states that have 
approved coastal zone management programs.
    The environmental impacts of the overall regional quotas were 
analyzed in Amendment 1 to the HMS FMP and the final rule published on 
December 24, 2003, (68 FR 74746). Adjusting the 2004 quota allocation 
for the North Atlantic region between the first and second semi-annual 
seasons is not expected to have impacts on endangered species or marine 
mammal interaction rates beyond those impacts considered in the October 
29, 2003, Biological Opinion.

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

    Dated: May 10, 2004.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 04-10897 Filed 5-12-04; 8:45 am]
BILLING CODE 3510-22-S