[Federal Register Volume 71, Number 215 (Tuesday, November 7, 2006)]
[Notices]
[Pages 65086-65087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18782]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 082906A]
RIN 0648-AU89


Atlantic Highly Migratory Species; Atlantic Shark Management 
Measures

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

ACTION: Notice of intent to prepare an environmental impact statement; 
request for comments.

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SUMMARY: Based on several new shark stock assessments, NMFS has 
determined that a number of shark fisheries are overfished. As a 
result, NMFS announces its intent to prepare an Environmental Impact 
Statement (EIS) under the National Environmental Policy Act (NEPA) to 
assess the potential effects on the human environment and to initiate 
an amendment to the Consolidated Highly Migratory Species (HMS) Fishery 
Management Plan (FMP). The EIS and amendment will examine management 
alternatives available to rebuild sandbar, dusky, and porbeagle sharks, 
consistent with the shark stock assessments, the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act), and 
other relevant Federal laws. NMFS is requesting comments on a range of 
commercial and recreational management measures including, but not 
limited to, quota levels, regional and seasonal quotas, retention 
limits, minimum sizes, and time/area closures.

DATES: Comments on this action must be received no later than 5 p.m., 
local time, on February 5, 2007.

ADDRESSES: Written comments on this action should be mailed to Karyl 
Brewster-Geisz, Highly Migratory Species Management Division by any of 
the following methods:
     E-mail: [email protected]. Include in the subject line 
the following identifier: ``I.D. 082906A.''
     Written: 1315 East-West Highway, Silver Spring, MD 20910. 
Please mark the outside of the envelope ``Scoping Comments on Amendment 
2 to HMS FMP.''
     Fax: (301) 713-1917.
    For a copy of the stock assessments, please contact Sarah McTee or 
Karyl Brewster-Geisz at (301) 713-2347.

FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz (301) 713-2347 or 
Jackie Wilson (404) 806-7622.

SUPPLEMENTARY INFORMATION:

Determination of Overfished Shark Fisheries

    The Atlantic shark fisheries are managed under the authority of the 
Magnuson-Stevens Act. The Consolidated HMS FMP is implemented by 
regulations at 50 CFR part 635. NMFS' determination of the status of a 
stock relative to overfishing and an overfished condition is based on 
both the removal of fish from the stock through overfishing (the 
exploitation rate) and the current stock size. Thresholds used to 
determine the status of Atlantic HMS are fully described in Chapter 3 
of the 1999 FMP for Atlantic Tunas, Swordfish, and Sharks. A species is 
considered overfished when the current biomass is less than the minimum 
stock size threshold. The minimum stock size threshold is determined 
based on the natural mortality of the stock and the biomass at maximum 
sustainable yield (BMSY). Maximum sustainable yield is the 
maximum long-term average yield that can be produced by a stock on a 
continuing basis. The biomass can be lower than BMSY, and 
the stock not declared overfished as long as the biomass is above the 
biomass at the minimum stock size threshold.
    Overfishing may be occurring on a species if the current fishing 
mortality is greater than the fishing mortality (F) at maximum 
sustainable yield (FMSY) (F > FMSY). In the case 
of F, the maximum fishing mortality threshold is FMSY. Thus, 
if F exceeds FMSY, the stock is experiencing overfishing.

Background

Large Coastal Sharks (LCS)

    The LCS complex is comprised of 11 species including sandbar, 
silky, tiger, blacktip, spinner, bull, lemon, nurse, scalloped 
hammerhead, great hammerhead, and smooth hammerhead sharks. Since the 
1993 Shark FMP, LCS have been considered overfished, and management has 
been based on the results of assessments on the complex as a whole. The 
2002 LCS stock assessment found that the LCS complex was overfished 
with overfishing occurring; sandbar sharks were not overfished but 
overfishing was occurring; and blacktip sharks were rebuilt and 
healthy. The latest 2005/2006 stock assessment of LCS in the U.S. 
Atlantic and Gulf of Mexico was recently completed (July 24, 2006; 71 
FR 41774). This assessment was conducted according to the Southeast 
Data, Assessment, and Review (SEDAR) process, was peer-reviewed, 
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 2005/2006 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.
    Unlike past assessments, the 2005/2006 LCS stock assessment 
determined that it is inappropriate to assess the LCS complex as a 
whole. Due to the variation in life history parameters, different 
intrinsic rates of increase, and different catch and abundance data for 
all the species included in the LCS complex, the peer reviewers felt it 
was unclear what exactly the results of the assessment represented, 
making it impossible to support the use of the results for management 
of the complex. The peer reviewers also felt that previous assessments 
that used the same approach and similar data would receive the same 
criticisms. NMFS is continuing to examine viable options to assess 
shark populations. Based on these results, NMFS is changing the status 
of the LCS complex from overfished to unknown.

[[Page 65087]]

Sandbar Sharks
    According to the 2005/2006 LCS stock assessment, sandbar sharks are 
overfished with the current stock abundance at 35 percent of the virgin 
biomass. The assessment also indicates overfishing is occurring 
(F2004/FMSY = 3.72). The assessment recommends 
that rebuilding could be achieved with 70 percent probability by 2070 
with a total allowable catch across all fisheries (commercial and 
recreational) of 220 metric tons (mt) whole weight (ww) each year and 
an F between 0.009 and 0.011. Based on these results, NMFS is declaring 
the status of sandbars sharks to be overfished with overfishing 
occurring.
Blacktip Sharks
    The 2005/2006 LCS stock assessment assessed blacktip sharks for the 
first time as two separate populations: a Gulf of Mexico population and 
an Atlantic population. The results from the stock assessment indicate 
that the Gulf of Mexico population is rebuilt. The peer reviewers 
indicated that current catches should not increase in order to keep 
this population at a sustainable level. Based on these results, NMFS is 
declaring the status of Gulf of Mexico blacktip shark population as not 
overfished with no overfishing occurring.
    The assessment also indicates that the current status for the 
Atlantic blacktip shark population is unknown. The assessment 
scientists were unable to provide estimates of stock status or reliable 
population projections. The peer reviewers agreed with the assessment 
scientists and indicated that current catch levels should not change. 
Based on these results, NMFS is declaring the status of the Atlantic 
blacktip shark population to be unknown.

Dusky Sharks

    In 1999, dusky sharks, which were in the LCS complex, were placed 
on the prohibited species list due to their low population growth rate 
and low reproductive potential. In 2003, in Amendment 1 to the FMP for 
Atlantic Tunas, Swordfish, and Sharks (68 FR 74746), NMFS established a 
Mid-Atlantic shark closure to protect dusky sharks and juvenile sandbar 
sharks. Due to high catch rates of dusky sharks in the shark bottom 
longline fishery in the closed area and the high mortality of dusky 
sharks on bottom longline gear, NMFS closed this area to bottom 
longline fishing from January 1 through July 31 of every year, starting 
in January 2005. The first dusky-specific shark assessment was released 
in May 2006 (71 FR 30123). The 2006 dusky shark stock assessment used 
data through 2003 and indicates that dusky sharks are overfished with 
overfishing occurring. The estimated stock depletions are between 62-80 
percent with respect to virgin biomass. Given the heavy fishing impact 
on this stock and high vulnerability to exploitation, the assessment 
scientists recommend that rebuilding for dusky sharks could require 100 
to 400 years. Based on these results, NMFS is declaring the status of 
dusky sharks as overfished with overfishing occurring.

Porbeagle Sharks

    Canada has conducted stock assessments on porbeagle sharks in 1999, 
2001, 2003, and 2005. Based on the 2001 stock assessment, the Committee 
on the Status of Endangered Wildlife in Canada designated the porbeagle 
shark as endangered. Reduced Canadian porbeagle quotas in 2002 brought 
the 2004 exploitation rate to a sustainable level. According to the 
2005 recovery assessment report conducted by Canada, the North Atlantic 
porbeagle stock has a 70 percent probability of recovery in 
approximately 100 years if F is less than or equal to 0.04. To date, 
the United States has not conducted a stock assessment on porbeagle 
sharks.
    NMFS has reviewed the Canadian stock assessment and deems it to be 
the best available science appropriate to use for U.S. domestic 
management purposes. The Canadian assessment indicates that porbeagle 
sharks are overfished with the 2005 abundance less than 15 percent (for 
female spawner abundance) or 24 percent (for total abundance) of the 
virgin biomass. However, the Canadian assessment indicates that 
overfishing is not occurring. Based on these results, NMFS is declaring 
the status of porbeagle sharks as overfished, but overfishing is not 
occurring.
    Copies of the assessments are available for review (see ADDRESSES).

Request for Comments

    NMFS anticipates significant changes to shark management via an 
amendment to the Consolidated HMS FMP as a result of the latest stock 
assessments and requests comments on a variety of management options 
for this action. Analyses of these changes would likely need to be done 
via an EIS. As such, NMFS specifically requests comments on commercial 
management options including, but not limited to, quota levels, 
regional and seasonal quotas, trip limits, minimum sizes, quota 
monitoring, applying dead discards and state landings after a Federal 
closure to the quota, counting quota over- and underages, authorized 
gears, permit structure, prohibited species, and the Mid-Atlantic shark 
closure. In addition, NMFS is seeking comments on recreational 
management options including retention limits, minimum sizes, 
authorized gears, and landing requirements. NMFS also seeks comments on 
display quotas and collection of sharks through exempted fishing 
permits, display permits, and scientific research permits. Comments 
received on this action will assist NMFS in determining the options for 
ways to conserve and manage shark resources and shark fisheries, 
consistent with the Magnuson-Stevens Act, the Consolidated HMS FMP, 
NEPA, and other relevant domestic laws. Within the comment period 
established in this action, NMFS will hold scoping meetings 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 2005 and 2006 stock assessments, NMFS believes the 
implementation of new management measures via an amendment to the 
Consolidated HMS FMP is necessary to rebuild sandbar, dusky, and 
porbeagle sharks while providing an opportunity for the sustainable 
harvest of blacktip sharks in the Gulf of Mexico. NMFS anticipates 
completing this amendment and any related documents by January 1, 2008.

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

    Dated: November 1, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E6-18782 Filed 11-6-06; 8:45 am]
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