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

[Federal Register: October 5, 1999 (Volume 64, Number 192)]

[Rules and Regulations]

[Page 53949-53950]

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

[DOCID:fr05oc99-30]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 092299D]

Atlantic Highly Migratory Species (HMS) Fisheries; Large Coastal Shark Fishery; Season Adjustments

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

ACTION: Postponement of closure; fishing season notification.

SUMMARY: NMFS has determined that the large coastal shark (LCS) commercial fishery quota for the second semiannual fishing season has not been reached. Therefore, NMFS notifies eligible participants that the commercial fishery for LCS in the Western North Atlantic Ocean, including the Gulf of Mexico and the Caribbean Sea, which was scheduled to close September 30, 1999, at 11:30 p.m. local time, has been extended to October 15, 1999, at 11:30 p.m. local time. Both the ridgeback and non-ridgeback sectors of the LCS fishery will remain open until the issued closure date. This action is necessary to ensure adequate opportunity for eligible fishery participants to harvest the available quota and to ensure that the adjusted semiannual quota for LCS for the period July 1 through December 31, 1999, is not exceeded.

DATES: The commercial fishery for LCS will close on October 15, 1999, at 11:30 p.m. local time and will remain closed through December 31, 1999.

FOR FURTHER INFORMATION CONTACT: Margo Schulze or Steve Meyers, 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 quotas for Atlantic sharks. Specifically, the court forbid NMFS from enforcing the 1999 regulations, 64 FR 29090 (May, 28, 1999) on 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 FR 16648 (April 7, 1997). Therefore, the LCS quota reverted 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.

The annual commercial quota of LCS to be harvested from Atlantic, Caribbean, and Gulf of Mexico waters is apportioned between two equal semiannual fishing seasons. The second semiannual quota for LCS of 642 metric tons dressed weight (mt dw) was reduced by the overharvest of 57 mt dw in the first semiannual fishing season such that 585 mt dw were available for harvest for the semiannual period beginning July 1, 1999. The second semiannual fishing season was opened July 1, 1999 and closed on July 28, 1999 (64 FR 37883, July 14, 1999), with 306.5 mt dw of the LCS quota remaining unharvested. On September 1, 1999, the fishing season was again opened through September 30, 1999 (64 FR 47713, September 1, 1999) to allow fishing participants to harvest the remaining quota.

Dealer reports and state landings summaries for the period July 1 through September 15, 1999, indicate that approximately 375 mt dw of the available second semiannual LCS subquota of 585 mt dw have been harvested. Given a catch rate of approximately 62.5 mt dw per week, NMFS believes that the available quota of 210 mt dw should be attained by October 15, 1999. Extending the season for 2 more weeks should allow adequate

[[Page 53950]]

opportunity for fishermen to harvest the available quota but will ensure that the quota is not exceeded. Therefore, the LCS commercial fishery will be extended to October 15, 1999, at 11:30 pm local time, and will afterwards remain closed through December 31, 1999.

During a closure, retention of, fishing for, possessing or selling LCS are prohibited for persons fishing aboard vessels issued a limited access permit under 50 CFR 635.4. After October 15, 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 50 CFR 635.4 are prohibited, except that possession is authorized for LCS that were harvested, offloaded, and sold prior to the closure and that 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, NMFS will file notice of closure at the Office of the Federal Register.

Those vessels that have not been issued a limited access permit under 50 CFR 635.4 may not sell sharks and are subject to the recreational retention limits and size limits specified at 50 CFR 635.22(c) and 635.20(e). 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: September 28, 1999. Bruce C. Morehead, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

[FR Doc. 99-25715Filed9-29-99; 4:24 pm]

BILLING CODE 3510-22-F