[Federal Register Volume 72, Number 220 (Thursday, November 15, 2007)]
[Proposed Rules]
[Pages 64186-64187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22377]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 600 and 635

RIN 0648-AU89


Atlantic Highly Migratory Species; Atlantic Shark Management 
Measures; Amendment 2 to the Consolidated Highly Migratory Species 
Fishery Management Plan

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

ACTION: Proposed rule; reopening comment period.

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SUMMARY: NMFS is reopening the comment period to provide additional 
opportunity for public comment on the draft Amendment 2 to the 
Consolidated Highly Migratory Species (HMS) Fishery Management Plan 
(FMP) and its July 27, 2007, proposed rule. More specifically, NMFS is 
interested in receiving comments on a modification to shark dealer 
weigh-out slips that would facilitate compliance with measures proposed 
in the draft Amendment 2 to the HMS FMP, which would require fishermen 
to land sharks with all fins naturally attached. Additionally, over the 
course of the comment period, NMFS has received suggestions on ways to 
modify the proposed measures to minimize impacts to fishermen. NMFS is 
interested in receiving additional comments regarding those 
suggestions. Furthermore, as is required under the current regulations 
and was proposed to be maintained in the July 27, 2007, proposed rule, 
any overharvests that occur in the 2007 or 2008 commercial shark 
fishery will be accounted for with the implementation of final 
Amendment 2 to the Consolidated HMS FMP. Thus, NMFS is reopening the 
comment period for 30 days to gather further public comment on these 
issues. The draft Amendment 2 to the Consolidated HMS FMP and its 
proposed rule also describe a range of other management measures that 
could impact fishermen and dealers for HMS fisheries.

DATES: The public comment period for receiving written comments on the 
July 27, 2007 (72 FR 41392), proposed rule

[[Page 64187]]

and the draft Amendment 2 to the Consolidated HMS FMP is reopened. 
Comments must be received by 5 p.m. on December 17, 2007.

ADDRESSES: You may submit comments, identified by 0648-AU89, by any one 
of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov
     Email to [email protected].
     Fax: 301-713-1917, Attn: Michael Clark
     Mail: Attn: Michael Clark, HMS Management Division (SF1), 
1315 East-West Highway, Silver Spring, MD 20910. Please mark the 
outside of the envelope ``Comment on Amendment 2.''
    Instructions: All comments received are part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments. Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, 
PowerPoint, or Adobe PDF file formats only.
    Copies of the draft Amendment 2 to the Consolidated HMS FMP and 
other relevant documents are available on the HMS Management Division's 
website at www.nmfs.noaa.gov/sfa/hms or by contacting the HMS 
Management Division at 301-713-2347.

FOR FURTHER INFORMATION CONTACT: For more information concerning the 
draft Amendment 2 to the Consolidated HMS FMP and its proposed rule, 
contact: Michael Clark at 301-713-2347 or fax 301-713-1917; or Jackie 
Wilson at 240-338-3936 or fax 404-806-9188.

SUPPLEMENTARY INFORMATION: The Atlantic HMS fisheries are managed under 
the dual authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) and the Atlantic Tunas Convention 
Act (ATCA). The Consolidated HMS FMP, finalized in 2006, and amendments 
to that FMP are implemented by regulations at 50 CFR part 635.
    On July 27, 2007 (72 FR 41392), NMFS published a proposed rule that 
requested comments on the draft Amendment 2 to the Consolidated HMS 
FMP, and scheduled 10 public hearings throughout August and September 
2007 to receive comments from fishery participants and other members of 
the public regarding the proposed rule and draft Amendment 2 to the 
Consolidated HMS FMP. On October 3, 2007 (72 FR 56330), the comment 
period was extended from October 15, 2007, to November 2, 2007.
    At the October 2007 HMS Advisory Panel (AP) meeting, AP members 
asked a number of questions regarding the proposed measures that would 
require fishermen to land sharks with all fins naturally attached. 
Specifically, AP members asked how this requirement would relate to the 
Shark Finning Prohibition Act and its implementing regulations. In 
order to provide evidence that sharks were actually landed with their 
fins attached, NMFS is considering modifying shark dealer weigh-out 
slips so that dealers can document when they receive sharks landed with 
fins naturally attached. NMFS recently released a document that 
discusses this issue entitled ``Clarification of the Proposed Rule 
Regarding Landing Sharks with the Fins Attached and the Shark Finning 
Prohibition Act,'' which is available on the HMS website (see 
ADDRESSES) and was distributed to the HMS listserve.
    Throughout the comment period, NMFS has received thousands of 
comments on the full range of analyzed alternatives, including the 
status of the stocks, proposed quotas, proposed shark landing 
requirements, and the proposed list of allowable shark species for 
recreational anglers. NMFS has also received suggestions on modifying 
the proposed measures to minimize impacts on fishermen. Specifically, 
one group of commenters, including the Gulf of Mexico Fishery 
Management Council and the Atlantic States Marine Fisheries Commission, 
suggest implementing two regions (i.e., a Gulf of Mexico region and an 
Atlantic region). In general, these comments were made in light of the 
blacktip shark status in the Gulf of Mexico and the large overharvests 
in the Gulf of Mexico during 2007. NMFS has not fully analyzed the 
implications of the two regions versus the proposed one region or the 
status quo alternative of three regions. Nonetheless, NMFS welcomes 
additional comments on this suggestion.
    Finally, NMFS is clarifying that any overharvests in 2007 or 2008 
would be accounted for in final measures implementing Amendment 2 to 
the Consolidated HMS FMP, consistent with both the current and proposed 
regulations. NMFS continues to accept comments on any of the proposed 
measures and on those measures that comments were specifically 
requested, including the proposed list of species that recreational 
anglers would be allowed to land, the amount of time proposed to 
provide notice of closures, and the 80 percent trigger for closing 
commercial shark fisheries.
    In order to provide additional opportunities for public comment, 
NMFS is reopening the public comment period on the proposed rule and 
draft Amendment 2 to the Consolidated HMS FMP until 5 p.m., December 
17, 2007.

    Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.

    Dated: November 9, 2007.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
[FR Doc. E7-22377 Filed 11-14-07; 8:45 am]
BILLING CODE 3510-22-S