[Federal Register Volume 71, Number 62 (Friday, March 31, 2006)]
[Rules and Regulations]
[Pages 16243-16245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3145]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 060131019-6080-02; I.D. 012006B]
RIN 0648-AU17


Atlantic Highly Migratory Species; Atlantic Commercial Shark 
Management Measures

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

ACTION: Final rule; fishing season notification.

-----------------------------------------------------------------------

SUMMARY: This rule establishes the 2006 second and third trimester 
season quotas for large coastal sharks (LCS) and small coastal sharks 
(SCS) based on over- or underharvests from the 2005 second and third 
trimester seasons. In addition, this rule establishes the opening and 
closing dates for the LCS and SCS fisheries based on adjustments to the 
trimester quotas. This action could affect all commercial fishermen in 
the Atlantic commercial shark fishery. This action is necessary to 
ensure that the landings quotas in the Atlantic commercial shark 
fishery represent the latest landings data.

DATES: This rule is effective May 1, 2006. The Atlantic commercial 
shark fishing season opening and closing dates and quotas for the 2006 
second and third trimester seasons by region are provided in Table 1 
under SUPPLEMENTARY INFORMATION.

ADDRESSES: For copies of this rule, write to Highly Migratory Species 
Management Division,1315 East-West Highway, Silver Spring, MD 20910. 
Copies are available on the internet at http://www.nmfs.noaa.gov/sfa/hms.

FOR FURTHER INFORMATION CONTACT: Chris Rilling or Karyl Brewster-Geisz 
by phone: 301-713-2347 or by fax: 301-713-1917.

SUPPLEMENTARY INFORMATION: The Atlantic shark fishery is managed under 
the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act). The Fishery Management Plan 
(FMP) for Atlantic Tunas, Swordfish, and Sharks, finalized in 1999, and 
Amendment 1 to the FMP for Atlantic Tunas, Swordfish, and Sharks 
(Amendment 1), finalized in 2003, are implemented by regulations at 50 
CFR part 635. Information regarding the rules establishing the regional 
quotas and the procedures for calculating the quotas was provided in 
the proposed rule (February 17, 2006; 71 FR 8557) and is not repeated 
here.

Opening and Closing Dates and Quotas

    The final opening and closing dates and quotas for the 2006 second 
and third trimester seasons by region are provided in Table 1. As 
described in the proposed rule (February 17, 2006; 71 FR 8557), because 
opening the LCS fishery in the North Atlantic for even one week could 
result in an overharvest, NMFS is keeping the North Atlantic LCS 
fishery closed during the third trimester season.

          Table 1.--Final Opening and Closing Dates and Quotas
------------------------------------------------------------------------
                         Second Trimester Season
-------------------------------------------------------------------------
                                         Opening    Closing
        Species Group          Region     Date       Date        Quota
------------------------------------------------------------------------
Large Coastal Sharks          Gulf of   July 6,   July 31,    201.1 mt
                               Mexico    2006      2006        dw
                                                  11:30 p.m.  (443,345
                                                   local       lb dw)
                                                   time
                             ----------          -----------------------
                              South     ........  August 16,  151.7 mt
                               Atlanti             2006        dw
                               c                  11:30 p.m.  (334,438
                                                   local       lb dw)
                                                   time
                             ----------          -----------------------
                              North     ........  August 6,   66.3 mt dw
                               Atlanti             2006       (146,165
                               c                  11:30 p.m.   lb dw)
                                                   local
                                                   time
------------------------------------------------------------------------

[[Page 16244]]

 
Small Coastal Sharks          Gulf of   May 1,    To be       38.9 mt dw
                               Mexico    2006      determine  (85,759 lb
                                                   d, as       dw)
                                                   necessary
                             ----------                      -----------
                              South     ........  ..........  333.5 mt
                               Atlanti                         dw
                               c                              (735,234
                                                               lb dw)
                             ----------                      -----------
                              North     ........  ..........  24.2 mt dw
                               Atlanti                        (53,351 lb
                               c                               dw)
------------------------------------------------------------------------
Blue sharks                   No        May 1,    To be       91 mt dw
                               regiona   2006      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
-------------------------------------------------------------------------
                                         Opening    Closing
        Species Group          Region     Date       Date        Quota
------------------------------------------------------------------------
Large Coastal Sharks          Gulf of   Septembe  November    225.6 mt
                               Mexico    r 1,      7, 2006     dw
                                         2006     11:30 p.m.  (497,358
                                                   local       lb dw)
                                                   time
                             ----------          -----------------------
                              South     ........  October 3,  50.3 mt dw
                               Atlanti             2006       (123,899
                               c                  11:30 p.m.   lb dw)
                                                   local
                                                   time
                             -------------------------------------------
                              North                  CLOSED
                               Atlanti
                               c
------------------------------------------------------------------------
Small Coastal Sharks          Gulf of   Septembe  To be       30.8 mt dw
                               Mexico    r 1,      determine  (67,902 lb
                                         2006      d, as       dw)
                                                   necessary
                             ----------                      -----------
                              South     ........  ..........  263.7 mt
                               Atlanti                         dw
                               c                              (581,353
                                                               lb dw)
                             ----------                      -----------
                              North     ........  ..........  28.2 mt dw
                               Atlanti                        (62,170 lb
                               c                               dw)
------------------------------------------------------------------------
Blue sharks                   No        Septembe  To be       91 mt dw
                               regiona   r 1,      determine  (200,619
                               l         2006      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)
------------------------------------------------------------------------

Response to Comments

    Comments on the February 17, 2006, proposed rule (71 FR 8557) 
received during the public comment period are summarized below, 
together with NMFS' responses.
    Comment 1: NMFS should stop all commercial and recreational shark 
fishing.
    Response: NMFS established a rebuilding plan for LCS in 2003 to 
stop overfishing and address the overfished status of the LCS complex, 
thus ensuring a sustainable harvest of LCS consistent with the 
Magnuson-Stevens Act. SCS, other than finetooth sharks, and pelagic 
sharks are not overfished and overfishing is not occurring. To stop all 
fishing would not be consistent with the Magnuson-Stevens Act. NMFS 
does not believe that stopping all commercial and recreational shark 
fishing is warranted because fishermen, processors, suppliers, and 
dealers could be forced out of business and a number of communities, 
including recreational fishing communities, would be adversely 
affected. The Magnuson-Stevens Act requires, among other things, that 
NMFS manage fisheries to achieve optimum yield and minimize, to the 
extent practicable, adverse economic impact on fishing communities.
    Comment 2: NMFS should consider opening the LCS second trimester 
season on July 1 rather than July 6, particularly in the South Atlantic 
region where the lobster fishery opens on August 1. The July 6 start 
date effectively shortens the shark fishing season by one week in the 
South Atlantic because most shark fishermen in the region will switch 
to lobster fishing when that fishery opens. Commenters expressed a 
preference for a particular date due to a combination of potential 
shark availability, marketing concerns, other fishery openings and 
closings such as lobster and grouper, and other economic 
considerations.
    Response: NMFS believes that a season opening date of July 6 would 
improve marketing opportunities

[[Page 16245]]

because it does not conflict with the Fourth of July holiday. In 
previous seasons, commenters have pointed out that a July 6 season 
start date would prevent a glut of shark product on the market prior to 
the Fourth of July holiday when the market for sharks has historically 
been low. Although NMFS is aware of potential conflicts with other 
fisheries, NMFS believes that the July 6 start date for the second 
trimester LCS season strikes a balance between the various competing 
interests regarding shark availability and equitable distribution of 
the quota. Furthermore, postponing the start date until July 6 provides 
a greater opportunity for fishermen off North Carolina to fish after 
the mid-Atlantic shark closed area reopens on August 1. If the season 
were to open on July 1, the season would close on August 11, thus 
allowing only 11 days of fishing in the mid-Atlantic shark closed area 
after it reopens. If the season were to open on July 6, the season 
would close on August 16, allowing 16 days of fishing in the mid-
Atlantic shark closed area. Thus, allowing the season to stay open 
until August 16 provides fishermen impacted by the time/area closure an 
additional five days of fishing off North Carolina. NMFS will continue 
to monitor the situation regarding the closed area and the Fourth of 
July holiday market and propose adjustments for 2nd season of 2007, as 
necessary.
    Comment 3: NMFS should consider postponing the start of the third 
trimester season until October 1 because there is so little time 
between the end of the second trimester season and beginning of the 
third trimester season.
    Response: NMFS agrees that, depending on the region, there may be a 
limited amount of time between the second and third trimester seasons. 
However, the Gulf of Mexico for example, has a month-long break between 
the second and third seasons. The South Atlantic and North Atlantic 
periods are two and three weeks, respectively. NMFS may consider a 
later start date in future years as more catch rate data for the third 
trimester becomes available with which to estimate appropriate season 
lengths. Since 2005 was the first year in which trimester seasons were 
implemented, NMFS used average estimates from August and September in 
previous years to estimate the season length during the 2005 third 
trimester season. Beginning in 2006, NMFS had data available from the 
2005 third trimester season, which ran through October and early 
November for the first time, upon which to base season lengths. As data 
continues to be collected from the third trimester season in future 
years, NMFS will have a better idea of appropriate season lengths.
    Comment 4: NMFS should consider extending the second trimester 
season closing date in the Gulf of Mexico an additional week beyond the 
current date of July 31, and NMFS should shorten the third trimester 
season by one week from the proposed date of November 15 to prevent an 
overharvest similar to the one that occurred in the South Atlantic last 
year.
    Response: NMFS based the season opening and closing dates on the 
most recent landings data and catch rates available for the Gulf of 
Mexico. For example, data from the Gulf of Mexico from July and August 
2002-2005 were used to estimate the 2006 second trimester season 
duration. Based on these data, NMFS estimated that 82 percent of the 
quota would likely be taken in three weeks, and 108 percent of the 
quota in four weeks. Following a similar approach used in previous 
years, and as a precautionary measure, NMFS proposed to close the 
season after three and a half weeks to reduce the likelihood of an 
overharvest. Allowing the fishery to remain open an additional week 
beyond July 31 could potentially result in an overharvest. For the 
third trimester season, since this season has been in effect for only 
one year (2005), NMFS has less information available upon which to make 
a determination of season length. Hence, NMFS agrees with the comment 
that a precautionary approach may be warranted, and as a result, the 
Gulf of Mexico third trimester season will close on November 7, 2006, 
rather than on November 15, 2006, as proposed. NMFS took a similar 
action to shorten the season in the South Atlantic for the 2005 third 
trimester season based on public comment.

Changes From the February 17, 2006, Proposed Rule (71 FR 8557)

    In the proposed rule, NMFS proposed a third trimester season 
closing date of November 15 for LCS in the Gulf of Mexico. In the final 
rule, NMFS will shorten the duration of the third trimester season by 
one week in the Gulf of Mexico from November 15 to November 7, 2006. 
NMFS is taking this action as a precautionary measure based on public 
comment, and limited data availability on catch rates during that time 
of year, and to prevent an overharvest similar to the one that resulted 
in the South Atlantic during the third trimester in 2005. In addition, 
the LCS third trimester season quotas for Gulf of Mexico and South 
Atlantic were reduced by 1 mt dw and 6 mt dw, respectively due to 
updated landings reports that were received after publication of the 
proposed rule. These changes did not effect the closing dates for 
either region.

Classification

    This rule is published under the authority of the Magnuson-Stevens 
Act, 16 U.S.C. 1801 et seq. 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 impact on a substantial number of small entities.
    The factual basis for this certification was published in the 
February 17, 2006, proposed rule (71 FR 8557). No comments were 
received regarding the certification or the economic impact of this 
rule, and no changes to the certification were made. As a result, no 
Final Regulatory Flexibility Act analysis was prepared. This final rule 
will not increase overall quotas, landings, or regional percentages for 
LCS or SCS, or implement any new management measures not previously 
considered, and is not expected to increase fishing effort or protected 
species interactions.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS has determined that these regulations would be implemented in 
a manner consistent to the maximum extent practicable with the 
enforceable policies of those coastal stateson the Atlantic including 
the Gulf of Mexico and Caribbean that have approved coastal zone 
management programs. Letters were sent on February 15, 2006, to 
Atlantic and Gulf of Mexico coastal states including Puerto Rico and 
the U.S. Virgin Islands asking for their concurrence when the proposed 
rule filed with the Federal Register. Mississippi, New Hampshire, North 
Carolina, and Rhode Island have replied affirmatively regarding the 
consistency determination. NMFS presumes that the remaining states that 
have not yet responded concur with the determination.

    Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.

    Dated: March 27, 2006.
John Oliver
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
[FR Doc. 06-3145 Filed 3-30-06; 8:45 am]
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