[Federal Register Volume 70, Number 46 (Thursday, March 10, 2005)]
[Proposed Rules]
[Pages 11922-11927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4743]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 050303056-5056-01; I.D. 020205F]
RIN 0648-AT07


Atlantic Highly Migratory Species; Atlantic Commercial Shark 
Management Measures

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 establish the second and third 
trimester season quotas for large coastal sharks (LCS), small coastal 
sharks (SCS), pelagic, blue, and porbeagle sharks based on over- or 
underharvests from the 2004 second semi-annual season. In addition, 
this rule proposes the opening and closing dates for the LCS fishery 
based on adjustments to the trimester quotas. This action could affect 
all commercial fishermen in the Atlantic commercial shark fishery.

DATES: Written comments will be accepted until 5 p.m. on March 25, 
2005.
    NMFS will hold one public hearing to receive comments from fishery 
participants and other members of the public regarding the proposed 
shark regulations. The hearing date is Monday, March 21, 2005, from 
2:45-3:45 p.m.
    The Atlantic commercial shark fishing season proposed opening and 
closure dates and quotas are provided in Table 1 under SUPPLEMENTARY 
INFORMATION.

ADDRESSES: The hearing location is the Holiday Inn, 8777 Georgia 
Avenue, Silver Spring, MD 20910.
    Written comments on the proposed rule may be submitted to 
Christopher Rogers, Chief, Highly Migratory Species Management Division 
via:
     E-mail: [email protected].
     Mail: 1315 East-West Highway, Silver Spring, MD 20910. 
Please mark the outside of the envelope ``Comments on Proposed Rule for 
2nd and 3rd Trimester Season Lengths and Quotas.''
     Fax: 301-713-1917.
     Federal e-Rulemaking portal: http://www.regulations.gov. 
Include in the subject line the following identifier: I.D. 020205F.

FOR FURTHER INFORMATION CONTACT: Chris Rilling, Karyl Brewster-Geisz, 
or

[[Page 11923]]

Mike Clark by phone: 301-713-2347 or by fax: 301-713-1917.

SUPPLEMENTARY INFORMATION:

Proposed Opening and Closure Dates and Quotas

         Table 1--Proposed Opening and Closure Dates and Quotas
------------------------------------------------------------------------
                                         Opening    Closure
        Species Group          Region     Date       Date        Quota
------------------------------------------------------------------------
                         Second Trimester Season
------------------------------------------------------------------------
Large Coastal Sharks          Gulf of   August    August 31,  148 mt dw
                               Mexico    1, 2005   2005        (326,280
                                                   11:30       lb dw)
                                                   p.m.
                                                   local
                                                   time
                             --------------------            -----------
                              South     July 1,   ..........  182 mt dw
                               Atlanti   2005                  (401,237
                               c                               lb dw)
                             --------------------            -----------
                              North     July 15,  ..........  65.2 mt dw
                               Atlanti   2005                  (143,739
                               c                               lb dw)
------------------------------------------------------------------------
Small Coastal Sharks          Gulf of   May 1,    To be       30.5 mt dw
                               Mexico    2005      determine   (67,240
                                                   d, as       lb dw)
                                                   necessary
                             ----------                      -----------
                              South     ........  ..........  281.3 mt
                               Atlanti                         dw
                               c                               (620,153
                                                               lb dw)
                             ----------                      -----------
                              North     ........  ..........  23 mt dw
                               Atlanti                         (50,706
                               c                               dw)
------------------------------------------------------------------------
Blue sharks                   No        May 1,    To be       91 mt dw
                               regiona   2005      determine   (200,619
                               l                   d, as       lb dw)
                               quotas              necessary
-----------------------------                                -----------
Porbeagle sharks              ........  ........  ..........  30.7 mt dw
                                                               (67,681
                                                               lb dw)
-----------------------------                                -----------
Pelagic sharks other than     ........  ........  ..........  162.7 mt
 blue or porbeagle                                             dw
                                                               (358,688
                                                               lb dw)
------------------------------------------------------------------------
                         Third Trimester Season
------------------------------------------------------------------------
Large Coastal Sharks          Gulf of   Septembe  October     167.7 mt
                               Mexico    r 1,      31, 2005    dw
                                         2005      11:30       (369,711
                                                   p.m.        lb dw)
                                                   local
                                                   time
                             ----------          -----------------------
                              South     ........  December    187.5 mt
                               Atlanti             15, 2005    dw
                               c                   11:30       (413,362
                                                   p.m.        lb dw)
                                                   local
                                                   time
                             ----------          -----------------------
                              North     ........  September   4.8 mt dw
                               Atlanti             14, 2005    (10,582
                               c                   11:30       lb dw)
                                                   p.m.
                                                   local
                                                   time
------------------------------------------------------------------------
Small Coastal Sharks          Gulf of   Septembe  To be       31.7 mt dw
                               Mexico    r 1,      determine   (69,885
                                         2005      d, as       lb dw)
                                                   necessary
                             ----------                      -----------
                              South     ........  ..........  201.1 mt
                               Atlanti                         dw
                               c                               (443,345
                                                               lb dw)
                             ----------                      -----------
                              North     ........  ..........  15.9 mt dw
                               Atlanti                         (35,053
                               c                               lb dw)
------------------------------------------------------------------------
Blue sharks                   No        Septembe  To be       91 mt dw
                               regiona   r 1,      determine   (200,619
                               l         2005      d, as       lb dw)
                               quotas              necessary
-----------------------------                                -----------
Porbeagle sharks              ........  ........  ..........  30.7 mt dw
                                                               (67,681
                                                               lb dw)
-----------------------------                                -----------
Pelagic sharks                ........  ........  ..........  162.7 mt
                                                               dw
                                                               (358,688
                                                               lb dw)
------------------------------------------------------------------------

Background

    The Atlantic shark fishery is managed under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). The Fisheries Management Plan for Atlantic Tunas, 
Swordfish, and Sharks (HMS FMP), finalized in 1999, and Amendment 1 to 
the HMS FMP, finalized in 2003, are implemented by regulations at 50 
CFR part 635.
    On December 24, 2003, NMFS published a final rule (68 FR 74746) for 
Amendment 1 to the HMS FMP that established, among other things, the 
2004 annual landings quota for LCS at 1,017 metric tons (mt) dressed 
weight (dw) and the 2004 annual landings quota for SCS at 454 mt dw. 
The final rule also established regional LCS and SCS 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

[[Page 11924]]

Atlantic (Virginia to Maine). The quota for LCS was split among the 
three regions based upon historic landings.
    On November 30, 2004, NMFS published a final rule (69 FR 69537) 
that adjusted the 2005 regional quotas for LCS and SCS based on updated 
landings information, divided the quotas among the three trimester 
seasons, established a method of accounting for over- or underharvests 
in the transition from semi-annual to trimester seasons, and 
implemented a new process for notifying participants of season opening 
and closing dates and quotas.
    The 2004 final rule divided the LCS quota among the three regions 
as follows: 52 percent to the Gulf of Mexico, 41 percent to the South 
Atlantic, and 7 percent to the North Atlantic. The SCS quota was split 
among the three regions as follows: 10 percent to the Gulf of Mexico, 
88 percent to the South Atlantic, and 2 percent to the North Atlantic. 
The regional quotas for LCS and SCS were divided equally between the 
trimester seasons in the South Atlantic and the Gulf of Mexico, and 
according to historical landings in the North Atlantic. The quotas were 
divided in this manner because sharks are available throughout much of 
the year in the Gulf of Mexico and South Atlantic regions, but 
primarily during the summer months in the North Atlantic region. 
Dividing the quota according to historical landings in the North 
Atlantic provided that region with a better opportunity to harvest its 
regional quota.
    The final rule also established a method of dividing any over- or 
underharvests from the 2004 first semi-annual season equally between 
the 2005 first and second trimester seasons, and any over- or 
underharvest from the 2004 second semi-annual season equally between 
the 2005 second and third trimester seasons. This was done, in part, to 
make a larger portion of the quota available to fishermen during the 
second and third trimester seasons when the time/area closure off North 
Carolina will no longer be in effect.
    Consistent with the Administrative Procedure Act (APA), the final 
rule established a process of issuing a proposed and final rule for 
notification of season lengths and quotas to facilitate public comment. 
This proposed rule serves as notification of proposed season lengths 
and quotas pursuant to 50 CFR 635.27(b)(1)(iii). This action would not 
change the 2005 base landings quota or the 2005 regional quotas 
established in the November 30, 2004, final rule.

Annual Landings Quotas

    Any of the proposed quotas may change depending on any updates to 
the reported landings from the 2004 second semi-annual season. Per 
Amendment 1 to the HMS FMP, the 2005 annual base landings quotas for 
LCS and SCS are 1,017 mt dw (2,242,078 lbs dw) for LCS and 454 mt dw 
(1,000,888.4 lbs dw) for SCS. The 2005 quota levels for pelagic, blue, 
and porbeagle sharks are 488 mt dw (1,075,844.8 lbs dw), 273 mt dw 
(601,855.8 lbs dw), and 92 mt dw (202,823.2 lbs dw), respectively. This 
rule does not propose to change any of these overall base landings 
quotas.
    As of February 1, 2005, the overall 2004 second semi-annual season 
quotas for LCS and SCS had not been exceeded. Reported landings of LCS 
were at 89 percent (618.2 mt dw) of the LCS semi-annual quota, and SCS 
landings were at 30 percent (77.1 mt dw) of the overall SCS semi-annual 
quota. The Gulf of Mexico and North Atlantic regions experienced 
overharvests of 6 percent (16.9 mt dw) and 5 percent (1.85 mt dw) of 
their regional LCS quotas, respectively, whereas the South Atlantic 
region experienced an underharvest of 26 percent (97.1 mt dw) of its 
regional LCS quota. The Gulf of Mexico and South Atlantic experienced 
an underharvest of 62 percent (33.2 mt dw) and 65 percent (138.7 mt dw) 
of their regional SCS quotas, respectively. The North Atlantic reported 
no landings of SCS during the second semi- annual season. As described 
below, the regional quotas will be adjusted based on these over- or 
underharvests.

Regional Landings Quotas Percentages for LCS and SCS

    Consistent with 50 CFR 635.27(b)(1)(iii), the annual LCS quota 
(1,017 mt dw) is split among the regions as follows: 52 percent to the 
Gulf of Mexico, 41 percent to the South Atlantic, and 7 percent to the 
North Atlantic.
    Also consistent with 50 CFR 635.27(b)(1)(vi)(3), the LCS quota for 
the Gulf of Mexico and the South Atlantic regions is further split 
equally (33.3 percent/season) between the three trimester fishing 
seasons, and the quota for the North Atlantic is further split 
according to historical landings of 4, 88, and 8 percent for the first, 
second, and third trimester seasons, respectively.
    Consistent with 50 CFR 635.27(b)(1)(iv), the annual SCS quota (454 
mt dw) is split among the regions as follows: 10 percent to the Gulf of 
Mexico, 87 percent to the South Atlantic, and 3 percent to the North 
Atlantic.
    Also consistent with 50 CFR 635.27(b)(1)(vi)(3), the SCS quota for 
the Gulf of Mexico and the South Atlantic region is further split 
equally (33.3 percent/season) between the three trimester fishing 
seasons, and the quota for the North Atlantic is further split 
according to historical landings of 1, 9, and 90 percent for the first, 
second, and third trimester seasons, respectively.
    Due to the transition between semi-annual and trimester seasons, 
and consistent with the November 30, 2004, final rule, any over- or 
underharvest in a given region for the 2004 second semi-annual season 
will be divided equally between that region's quotas for the second and 
third 2005 trimester seasons. Additionally, one half of the over- or 
underharvest from the 2004 first semi-annual season will be carried 
over to the second 2005 trimester season.

Gulf of Mexico Regional Landings Quotas

    In 2004, preliminary data indicate that for LCS, the Gulf of Mexico 
had an overharvest of 39.7 mt dw in the first semi-annual season, and 
an overharvest of 16.9 mt dw in the second semi-annual season. Thus, 
the total amount of quota removed from the second trimester season is 
28.3 mt dw (39.7/2 +16.9/2), and the total amount of LCS quota removed 
from the third trimester season is 8.45 mt dw (16.9/2). As a result, 
the Gulf of Mexico LCS quota for the 2005 second trimester season is 
proposed to be 147.8 mt dw (1,017*0.52*0.333 -28.3), and the quota for 
the 2005 third trimester season is proposed as 167.7 mt dw 
(1,017*0.52*0.333 -8.45).
    In 2004, preliminary data indicate that for SCS, the Gulf of Mexico 
had an overharvest of 2.4 mt dw in the first semi-annual season, and an 
underharvest of 33.2 mt dw in the second semi-annual season. Thus, the 
total amount of quota carried over into the second trimester season is 
15.4 mt dw (33.2/2 -2.4/2), and the total amount of quota carried over 
into the third trimester season is 16.6 mt dw (33.2/2). As a result, 
the Gulf of Mexico SCS quota for the 2005 second trimester season is 
proposed to be 30.5 mt dw (454*0.10*0.333 +15.4), and the quota for the 
2005 third trimester season is proposed as 31.7 mt dw (454*0.10*0.333 
+16.6).

South Atlantic Regional Landings Quotas

    In 2004, preliminary data indicate that for LCS, the South Atlantic 
had an overharvest of 11.2 mt dw in the first semi-annual season, and 
an underharvest of 97.1 mt dw in the

[[Page 11925]]

second semi-annual season. Thus, the total amount of quota carried over 
to the second trimester season is 43.0 mt dw (97.1/2-11.2/2), and the 
total amount of quota carried over into the third trimester season is 
48.6 mt dw (97.1/2). As a result, the South Atlantic LCS quota for the 
2005 second trimester season is proposed to be 182.0 mt dw 
(1,017*0.41*0.333 +43.0), and the quota for the 2005 third trimester 
season is proposed as 187.5 mt dw (1,017*0.41*0.333 +48.6).
    In 2004, preliminary data indicate that for SCS, the South Atlantic 
had an underharvest of 161.0 mt dw in the first semi-annual season, and 
an underharvest of 138.7 mt dw in the second semi-annual season. Thus, 
the total amount of quota carried over into the second trimester season 
is 149.8 mt dw (161.0/2 +138.7/2), and the total amount of quota 
carried over into the third trimester season is 69.3 mt dw (138.7/2). 
As a result, the South Atlantic SCS quota for the 2005 second trimester 
season is proposed to be 281.3 mt dw (454*0.87*0.333 +149.8), and the 
quota for the 2005 third trimester season is proposed to be 200.8 mt dw 
(454*0.87*0.333 +69.3).

North Atlantic Regional Landings Quotas

    In 2004, preliminary data indicate that for LCS, the North Atlantic 
had an underharvest of 7.0 mt dw in the first semi-annual season, and 
an overharvest of 1.85 mt dw in the second semi-annual season. Thus the 
total amount of quota carried over into the second trimester season is 
2.6 mt dw (7.0/2 -1.85/2), and the total amount of quota removed from 
the third trimester season is 0.93 mt dw (1.85/2). As a result, the 
North Atlantic LCS quota for the 2005 second trimester season is 
proposed to be 65.2 mt dw (1,017*0.07*0.88 +2.6), and the quota for the 
2005 third trimester season is proposed as 4.76 mt dw (1,017*0.07*0.08 
-.93).
    In 2004, preliminary data indicate that for SCS, the North Atlantic 
had an underharvest of 36.1 mt dw in the first semi-annual season, and 
an underharvest of 7.4 mt dw in the second semi-annual season. Thus, 
the total amount of quota carried over into the second trimester season 
is 21.8 mt dw (36.1/2 +7.4/2), and the total amount of quota carried 
over into the third trimester season is 3.7 mt dw (7.4/2). As a result, 
the North Atlantic SCS quota for the 2005 second trimester season is 
proposed to be 23.0 mt dw (454*0.03*0.09 +21.8), and the quota for the 
2005 third trimester season is proposed as 15.9 mt dw (454*0.03*0.90 
+3.7).

Pelagic Shark Quotas

    The 2005 annual quotas for pelagic, blue, and porbeagle sharks are 
488 mt dw (1,075,844.8 lbs dw), 273 mt dw (601,855.8 lbs dw), and 92 mt 
dw (202,823.2 lbs dw), respectively. These are the same quotas that 
were established in the HMS FMP. As of February 2005, approximately 
57.3 mt dw had been reported landed in the second 2004 semiannual 
fishing season in total for pelagic, blue, and porbeagle sharks 
combined. Thus, the pelagic shark quota does not need to be reduced 
consistent with the current regulations 50 CFR 635.27(b)(1)(iv). The 
2005 second and third trimester quotas for pelagic, blue, and porbeagle 
sharks are proposed to be 162.6 mt dw (358,688.4 lbs dw), 91 mt dw 
(200,618.6 lbs dw), and 30.7 mt dw (67,681.2 lbs dw), respectively.

Proposed Fishing Season Notification for the Second Season

    The second trimester fishing season of the 2005 fishing year for 
SCS, pelagic sharks, blue sharks, and porbeagle sharks in the 
northwestern Atlantic Ocean, including the Gulf of Mexico and the 
Caribbean Sea, is proposed to open on May 1, 2005, at 11:30 a.m. local 
time. When quotas are projected to be reached for the SCS, pelagic, 
blue, or porbeagle shark fisheries, the Assistant Administrator (AA) 
will file notification of closures at the Office of the Federal 
Register at least 14 days before the effective date, as consistent with 
50 CFR 635.28(b)(2).
    The second trimester fishing season of the 2005 fishing year for 
LCS is proposed to open on July 1, 2005, in the South Atlantic region, 
on July 15, 2005, in the North Atlantic region, and on August 1, 2005, 
in the Gulf of Mexico region. NMFS is proposing to close the second 
trimester season LCS fishery in all regions on August 31, 2005, at 
11:30 p.m. local time.
    NMFS is proposing to delay the start of the second season for LCS 
to reduce the likelihood of interactions with pregnant female sharks 
that may be about to give birth. Delaying the start of the season will 
also allow the second and third trimester seasons to run consecutively. 
This will prevent the need for a closure of the LCS fishery between the 
second and third trimester seasons and should help minimize disruption 
to fishery participants in the transition from semi-annual to trimester 
seasons.
    To estimate the LCS fishery opening and closing dates for the 
second and third trimester seasons, NMFS calculated the average catch 
rates from July and August combined, as well as catch rates from August 
alone for each of the regions during the second semi-annual season in 
recent years (2000-2004), and then took the average of the two 
estimates to determine the appropriate season lengths. NMFS used this 
precautionary approach of averaging catch rates from July and August 
because of the potential for higher effort in August than has been 
observed in the past, and to reduce the likelihood of an overharvest. 
These average catch rates were used to estimate the amount of available 
quota that would likely be taken by the end of each dealer reporting 
period.
    Consistent with 50 CFR 635(b)(1)(vi), any over- or underharvests in 
one region will result in an equivalent increase or decrease in the 
following year's quota for that region.
    Because state landings during a Federal closure are counted against 
the quota, NMFS also calculated the average amount of quota reported 
received during the Federal closure dates of the years used to estimate 
catch rates.
    Pursuant to 50 CFR 635.5(b)(1), shark dealers must report any 
sharks received twice a month. More specifically, sharks received 
between the first and 15th of every month must be reported to NMFS by 
the 25th of that same month and those received between the 16th and the 
end of the month must be reported to NMFS by the 10th of the following 
month. Thus, in order to simplify dealer reporting and aid in managing 
the fishery, NMFS proposes to open and close the Federal LCS fishery on 
either the 15th or the end of any given month.
    Based on the average July and August LCS catch rates combined in 
recent years in the Gulf of Mexico region, approximately 54 percent of 
the available second trimester LCS quota (148.0 mt dw) would likely be 
taken in 2 weeks and 108 percent of the available LCS quota would 
likely be taken in 4 weeks. Dealer data also indicate that, on average, 
approximately 6.5 mt dw of LCS has been reported received by dealers 
during a Federal closure. This is approximately 4 percent of the 
proposed available quota. If catch rates in 2005 are similar to the 
average catch rates from 2000 to 2004, 58 percent (54 + 4 percent) of 
the second trimester quota could be caught in 2 weeks, and 113 percent 
(109 + 4) of the quota could be caught in 4 weeks.
    Based on average LCS catch rates from August in recent years in the 
Gulf of Mexico region, approximately 37 percent of the available second 
trimester LCS quota would likely be taken in 2 weeks and 73 percent of 
the available second trimester LCS quota would

[[Page 11926]]

likely be taken in 4 weeks. If catch rates in 2005 are similar to the 
average catch rates from 2000 to 2004, 41 percent (37 + 4) of the 
second trimester quota could be caught in 2 weeks and 77 percent (73 
percent + 4 percent) of the quota could be caught in 4 weeks. Taking 
into account the average of the two catch rates for 4 weeks, 
approximately 95 percent (113 percent and 77 percent), of the quota 
would likely be caught during this period. Thus, NMFS proposes to open 
the fishery in the Gulf of Mexico on August 1, 2005.
    Based on the average July and August LCS catch rates combined in 
recent years for the South Atlantic region, approximately 81 percent of 
the available second trimester LCS quota (182.0 mt dw) would likely be 
taken in 6 weeks and 100 percent of the available LCS quota would 
likely be taken in 8 weeks. Dealer data also indicate that, on average, 
approximately 17 mt dw of LCS has been reported received by dealers 
during a Federal closure. This is approximately 9 percent of the 
available quota. Thus, if catch rates in 2005 are similar to the 
average catch rates from 2000 to 2004, 90 percent (81 percent + 9 
percent) of the quota could be caught in 6 weeks, and 109 percent (100 
percent + 9 percent) of the quota could be caught in 8 weeks.
    Based on the average LCS catch rates for August in recent years for 
the South Atlantic region, approximately 56 percent of the available 
second trimester LCS quota would likely be taken in 6 weeks and 74 
percent of the available LCS quota would likely be taken in 8 weeks. 
Thus, if catch rates in 2005 are similar to the average catch rates 
from 2000 to 2004, 65 percent (56 percent + 9 percent) of the quota 
could be caught in 6 weeks, and 83 percent (74 percent + 9 percent) of 
the quota could be caught in 8 weeks. Taking into account the average 
of the two catch rates for 8 weeks (109 percent and 83 percent), 
approximately 96 percent of the quota would likely be caught during 
this period. Thus, in order for the second and third trimester seasons 
to run consecutively without exceeding the quota during the second 
trimester season, NMFS proposes to open the fishery in the South 
Atlantic on July 1, 2005.
    Based on the average July and August LCS catch rates combined in 
recent years for the North Atlantic region, approximately 80.7 percent 
of the available second trimester LCS quota (65.2 mt dw) would likely 
be taken in 4 weeks and 104 percent of the available LCS quota would 
likely be taken in 6 weeks. Dealer data also indicate that, on average, 
approximately 9 mt dw of LCS has been reported received by dealers 
during a Federal closure. This is approximately 14 percent of the 
available quota. Thus, if catch rates in 2005 are similar to the 
average catch rates from 2000 to 2004, 94.7 percent (80.7 + 14 percent) 
of the quota could be caught in 4 weeks, and 118 percent (104 percent + 
14 percent) in 6 weeks. Thus, allowing the fishery to stay open for 6 
weeks could result in an overharvest.
    Based on the average August LCS catch rates in recent years for the 
North Atlantic region, approximately 46 percent of the available second 
trimester LCS quota would likely be taken in 4 weeks and 70 percent of 
the available LCS quota would likely be taken in 6 weeks. Thus, if 
catch rates in 2005 are similar to the average catch rates from 2000 to 
2004, 60 percent (46 percent + 14 percent) of the quota would likely be 
caught by in 4 weeks, and 84 percent of the quota would likely be 
caught in 6 weeks (70 percent + 14 percent). Taking into account the 
average of the two catch rates for 6 weeks (118 percent and 74 
percent), approximately 96 percent of the quota would likely be caught 
during this period. Thus, in order for the second and third trimester 
seasons to run consecutively without exceeding the quota during the 
second trimester season, NMFS proposes to open the fishery in the North 
Atlantic on July 15, 2005.

Proposed Fishing Season Notification for the Third Season

    The third trimester fishing season of the 2005 fishing year for 
LCS, SCS, pelagic sharks, blue sharks, and porbeagle sharks in all 
regions in the northwestern Atlantic Ocean, including the Gulf of 
Mexico and the Caribbean Sea, is proposed to open on September 1, 2005. 
When quotas are projected to be reached for the SCS, pelagic, blue, or 
porbeagle shark fisheries, the AA will file notification of closures at 
the Office of the Federal Register at least 14 days before the 
effective date, as consistent with 50 CFR 635.28(b)(2).
    NMFS is proposing to close the third trimester season LCS fishery 
in the North Atlantic on September 14, 2005, at 11:30 p.m. local time, 
in the Gulf of Mexico on October 31, 2005, at 11:30 p.m. local time, 
and in the South Atlantic on December 15, 2005, at 11:30 local time.
    Since the LCS fishery has historically been closed during much of 
the third trimester period, NMFS used average LCS catch rates from 
August and September in recent years (2000-2004) to estimate the third 
trimester season catch rates and closure dates for each of the regions. 
NMFS used this precautionary approach of averaging catch rates from 
August and September because of the potential for higher effort in 
September than has been observed in the past, and to reduce the 
likelihood of an overharvest. Using catch rates from August alone may 
not be appropriate because catch rates during that month have been 
higher historically than during September, and because it does not fall 
within the third trimester season. However, using catch rates from 
September alone may also not be appropriate because of the lack of data 
during that month. Hence, NMFS used the average of the 2-month catch 
rates.
    In the Gulf of Mexico, approximately 79 percent of the available 
third trimester LCS quota (167.8 mt dw) would likely be taken by the 
end of October and 99 percent of the available LCS quota would likely 
be taken by the second week of November. Dealer data also indicate 
that, on average, approximately 6.5 mt dw of LCS has been reported 
received by dealers after a Federal closure. This is approximately 4 
percent of the available quota. Thus, if catch rates in 2005 are 
similar to the average catch rates from 2001 to 2004, 82 percent (79 
percent + 4 percent) of the quota could be caught by the end of 
October. If the fishery were to remain open until the second week of 
November, the quota would likely be exceeded (99 percent + 4 percent = 
103 percent). Accordingly, NMFS is proposing to close the Gulf of 
Mexico LCS fishery on October 31, 2005, at 11:30 p.m. local time.
    In the South Atlantic, approximately 86 percent of the available 
third trimester LCS quota (187.5 mt dw) would likely be taken by the 
second week of December and 98 percent of the available LCS quota would 
likely be taken by the end of December. Dealer data also indicate that, 
on average, approximately 18 mt dw of LCS has been reported received by 
dealers after a Federal closure. This is approximately 10 percent of 
the available quota. Thus, if catch rates in 2005 are similar to the 
average catch rates from 2001 to 2004, 96 percent (86 percent + 10 
percent) of the quota could be caught by the second week of December. 
If the fishery were to remain open until the end of December, the quota 
would likely be exceeded (98 percent + 10 percent = 108 percent). 
Accordingly, NMFS is proposing to close the South Atlantic LCS fishery 
on December 15, 2005, at 11:30 p.m. local time.
    In the North Atlantic, approximately 68 percent of the available 
third trimester LCS quota (4.8 mt dw) would likely be taken by the 
second week of

[[Page 11927]]

September and 135 percent of the available LCS quota would likely be 
taken by the end of September. Dealer data also indicate that, on 
average, approximately 7 mt dw of LCS has been reported received by 
dealers after a Federal closure. This is approximately 151 percent of 
the available quota. Thus, if catch rates in 2005 are similar to the 
average catch rates from 2001 to 2004, 219 percent (68 percent + 151 
percent) of the quota could be caught by the second week of September. 
Accordingly, NMFS is proposing to close the North Atlantic LCS fishery 
on September 15, 2005, at 11:30 p.m. local time.

Request for Comments

    NMFS will hold one public hearing (see DATES and ADDRESSES) to 
receive comments from fishery participants and other members of the 
public regarding these proposed alternatives. These hearings will be 
physically accessible to people with disabilities. Requests for sign 
language interpretation or other auxiliary aids should be directed to 
Chris Rilling at (301) 713-2347 at least 5 days prior to the hearing 
date. For individuals unable to attend a hearing, NMFS also solicits 
written comments on this proposed rule (see DATES and ADDRESSES).

Classification

    The Chief Counsel for Regulation at the Department of Commerce 
certified to the Chief Counsel for Advocacy at the Small Business 
Administration that this action would not have a significant economic 
impacts on a substantial number of small entities. This proposed rule 
is published under the authority of the Magnuson-Stevens Act, 16 U.S.C. 
1801 et seq. Consistent with 50 CFR 635.279(b)(1)(iii) and (iv), the 
purpose of this action is to adjust the LCS and SCS trimester quotas 
based on over- or underharvests from the 2004 fishing season, and to 
announce the 2005 second and third trimester season opening and closing 
dates. This proposed rule will not increase overall quotas, landings or 
regional percentages for LCS or SCS, implement any new management 
measures not previously considered, and is not expected to increase 
fishing effort or protected species interactions.
    This proposed rule would result in a net positive economic impact 
for the South Atlantic and North Atlantic and a minimal negative 
economic impact for the Gulf of Mexico. The 2003 average ex-vessel 
price for LCS flesh was $0.79/lb, and the average ex-vessel price for 
SCS flesh was $0.53/lb dw. Although shark fins command a higher price 
($19.86/lb dw), they represent only a small proportion of the total 
landings. The Gulf of Mexico experienced a net overharvest of 56.6 mt 
dw ( -$98,576, excluding fins) of LCS during the two 2004 semi-annual 
seasons and a net underharvest of 30.8 mt dw ( +$35,987) of SCS during 
the 2004 seasons. Thus, the net economic impact to the Gulf of Mexico 
is approximately -$62,589. This represents a small fraction of the 
overall gross revenue for the fishery ($4.5 million in 2003) and does 
not represent a significant negative economic impact. For the South 
Atlantic and the North Atlantic, which both experienced net 
underharvests of 85.9 mt dw and 5.15 mt dw for LCS, respectively, and 
299.7 mt dw and 43.5 mt dw for SCS, respectively, during 2004, the net 
economic impact would be positive. For the South Atlantic, if the 
entire quota is caught, this could result in a net economic benefit of 
approximately $499,786 ($149,606 for LCS, excluding fins + $350,180 for 
SCS). For the North Atlantic, if the entire quota is caught, this could 
result in net economic benefit of approximately $59,115 ($8,288 for 
LCS, excluding fins + $50,827 for SCS).
    This rule is expected to impact 253 directed commercial shark 
permit holders, 358 incidental commercial shark permit holders, and 267 
commercial shark dealers, all of which are considered small entities 
according to the Small Business Administration's standard for defining 
a small entity (5 U.S.C. 603(b)(3)).
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS has determined preliminarily that these regulations would be 
implemented in a manner consistent to the maximum extent practicable 
with the enforceable policies of those coastal states on the Atlantic 
including the Gulf of Mexico and Caribbean that have approved coastal 
zone management programs. Letters have been sent to the relevant states 
asking for their concurrence.

    Dated: March 4, 2005.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 05-4743 Filed 3-7-05; 2:32 pm]
BILLING CODE 3510-22-S