Fishery conservation and management: Atlantic highly migratory species— Large coastal shark species,

[Federal Register: July 14, 1999 (Volume 64, Number 134)]

[Rules and Regulations]

[Page 37883-37884]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr14jy99-16]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 052499C]

Atlantic Highly Migratory Species (HMS) Fisheries; Large Coastal Shark Species; Commercial Fishery Closure Change

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

ACTION: Closure change.

SUMMARY: NMFS changes the closure of the large coastal shark (LCS) commercial fishery in the Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea. On June 7, 1999, NMFS announced in the Federal Register a closure date of July 12, 1999, for non-ridgeback LCS and a closure date of August 8, 1999, for ridgeback LCS. In a court order by Judge Stephen D. Merryday, the new regulations governing catch quotas and fish counting methods are enjoined until further order of the court. Therefore, based on 1997 and 1998 catch rates, NMFS has determined that the second semiannual subquota for LCS will be reached on or before July 28, 1999.

DATES: This postponement action is effective July 9, 1999. The closure for the commercial LCS fishery is changed to 11:30 p.m., local time, July 28, 1999, and will be in effect through December 31, 1999.

FOR FURTHER INFORMATION CONTACT: Margo Schulze or Karyl Brewster-Geisz, 301-713-2347; fax 301-713-1917.

SUPPLEMENTARY INFORMATION: The Atlantic shark fishery is managed under the Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks (HMS FMP), and its implementing regulations found at 50 CFR part 635 issued under authority of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).

On June 30, 1999, the NMFS received a Court Order from Judge Steven D. Merryday relative to the May, 1997 lawsuit challenging commercial harvest

[[Page 37884]]

quotas for Atlantic sharks. Specifically, the order states: `` * * * the Court hereby preliminarily, and until further order of the Court, expressly ENJOINS the defendant and his designees from enforcing the 1999 regulations, 64 Fed. Reg. 29090 (May, 28, 1999) with respect to Atlantic shark commercial catch quotas and fish-counting methods (including the counting of dead discards and state commercial landings after federal closures) that are different from the quotas and fish counting methods prescribed by the 1997 Atlantic shark regulations, 62 Fed. Reg. 16648 (April 7, 1997).'' Therefore, the LCS quota reverts to its 1997 level of 1,285 metric tons dressed weight (all species of LCS included), with no minimum size on ridgeback LCS, the pelagic and small coastal shark quotas also revert to their 1997 levels, the 1997 prohibited species list now applies in commercial fisheries only (five prohibited species: white, basking, whale, sand tiger and bigeye sand tiger). The limited access provisions do still apply, however, including trip limits for directed and incidental shark permit holders.

Based on projected catch rates, NMFS had previously announced commercial closure dates of July 12, 1999, for non-ridgeback LCS and August 8, 1999, for ridgeback LCS (see Table 1(a) of appendix A to part 635) for the 1999 second semiannual season for LCS in or from the Western North Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea (64 FR 30248, June 7, 1999).

During a closure, retention of, fishing for, possessing or selling LCS are prohibited for persons fishing aboard vessels issued a directed or incidental limited access permit under Sec. 635.4. After 11:30 p.m. local time July 28, 1999, the sale, purchase, trade, or barter of carcasses and/or fins of LCS harvested by a person aboard a vessel that has been issued a permit under Sec. 635.4 are prohibited, except for those that were harvested, offloaded, and sold, traded, or bartered prior to the closure and were held in storage by a dealer or processor.

Commercial fishing for pelagic and small coastal sharks may continue until further notice. When quotas are projected to be reached, the Assistant Administrator will file notification of closure at the Office of the Federal Register. Those vessels that have not been issued a limited access permit under Sec. 635.4 may not sell sharks and are subject to the recreational retention limits and size limits specified at Secs. 635.22(c) and 635.20(d). The recreational fishery is not affected by this action.

Classification

This action is taken under 50 CFR part 635 and is exempt from review under E.O. 12866.

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

Dated: July 8, 1999 Gary C. Matlock, Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

[FR Doc. 99-17925Filed7-9-99; 4:41 pm]

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