Atlantic Highly Migratory Species; Atlantic Commercial Shark Management Measures, 11922-11927 [05-4743]
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Federal Register / Vol. 70, No. 46 / Thursday, March 10, 2005 / Proposed Rules
Street, SW., Washington, DC 20554, or
e-mail at Guy.Benson@fcc.gov.
47. Comments, reply comments, and
ex parte submissions will be available
for public inspection during regular
business hours in the FCC Reference
Information Center, Federal
Communications Commission, 445 12th
Street, SW., Room CY–A257,
Washington, DC 20554. These
documents also will be available
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C. Ex Parte Rules Regarding the
NRPM—Permit-But-Disclose Comment
Proceeding
48. With regard to the NRPM, this is
a permit-but-disclose notice and
comment rule making proceeding. Ex
parte presentations are permitted,
except during the Sunshine Agenda
period, provided they are disclosed as
provided in Commission rules. See
generally 47 CFR 1.1202, 1.1203, and
1.1206.
III. Ordering Clauses
49. Pursuant to the authority
contained in sections 1, 4(i), 11, and
303(r) and (y), 308, 309, and 332 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 154(i), 161,
303(r), (y), 308, 309, and 332, this
Notice of Proposed Rulemaking is
hereby adopted.
50. The Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, will send a copy of
this Notice of Proposed Rulemaking,
including the IRFA, to the Chief
Counsel for Advocacy of the Small
Business Administration.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
part 22 as follows:
PART 22—PUBLIC MOBILE SERVICES
1. The authority citation for part 22
continues to read as follows:
Authority: 47 U.S.C. 154, 222, 303, 309,
and 332.
2. Section 22.925 is revised to read as
follows:
§ 22.925 Prohibition on airborne operation
of cellular telephones.
(a) Cellular devices installed in or
carried aboard airplanes, balloons or
any other type of aircraft must not be
operated and must be turned off while
such aircraft are airborne (not touching
the ground) unless as specified in
paragraph (b) of this section. Unless
measures are implemented aboard
aircraft in accordance with paragraph
(b), the following notice must be posted
on or near each cellular device installed
in any aircraft:
‘‘The use of cellular telephones while
this aircraft is airborne is prohibited by
FCC rules, and the violation of this rule
could result in suspension of service
and/or a fine. The use of cellular
telephones on this aircraft is also subject
to FAA regulations.’’
(b) Devices using 800 MHz cellular
frequencies may be operated on airborne
aircraft only if such devices are operated
in a manner that will not cause
interference to terrestrial cellular
systems. Airborne operation of cellular
devices is permissible only if operation
of these devices is under the control of
onboard equipment specifically
designed to mitigate such interference.
Note to § 22.925: The FAA independently
prohibits the use of personal electronic
devices, including cellular devices, unless an
aircraft operator has determined that use of
those devices does not cause interference to
an aircraft’s aviation navigation and
communications systems.
[FR Doc. 05–4725 Filed 3–9–05; 8:45 am]
BILLING CODE 6712–01–P
Communications common carriers,
Radio.
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National Oceanic and Atmospheric
Administration
Proposed Rules
List of Subjects in 47 CFR Part 22
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DEPARTMENT OF COMMERCE
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50 CFR Part 635
[Docket No. 050303056–5056–01; I.D.
020205F]
RIN 0648–AT07
Atlantic Highly Migratory Species;
Atlantic Commercial Shark
Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
SUMMARY: This proposed rule would
establish the second and third trimester
season quotas for large coastal sharks
(LCS), small coastal sharks (SCS),
pelagic, blue, and porbeagle sharks
based on over- or underharvests from
the 2004 second semi-annual season. In
addition, this rule proposes the opening
and closing dates for the LCS fishery
based on adjustments to the trimester
quotas. This action could affect all
commercial fishermen in the Atlantic
commercial shark fishery.
DATES: Written comments will be
accepted until 5 p.m. on March 25,
2005.
NMFS will hold one public hearing to
receive comments from fishery
participants and other members of the
public regarding the proposed shark
regulations. The hearing date is
Monday, March 21, 2005, from 2:45–
3:45 p.m.
The Atlantic commercial shark fishing
season proposed opening and closure
dates and quotas are provided in Table
1 under SUPPLEMENTARY INFORMATION.
ADDRESSES: The hearing location is the
Holiday Inn, 8777 Georgia Avenue,
Silver Spring, MD 20910.
Written comments on the proposed
rule may be submitted to Christopher
Rogers, Chief, Highly Migratory Species
Management Division via:
• E-mail: SF1.020205F@noaa.gov.
• Mail: 1315 East-West Highway,
Silver Spring, MD 20910. Please mark
the outside of the envelope ‘‘Comments
on Proposed Rule for 2nd and 3rd
Trimester Season Lengths and Quotas.’’
• Fax: 301–713–1917.
• Federal e-Rulemaking portal: https://
www.regulations.gov. Include in the
subject line the following identifier: I.D.
020205F.
FOR FURTHER INFORMATION CONTACT:
Chris Rilling, Karyl Brewster-Geisz, or
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Mike Clark by phone: 301–713–2347 or
by fax: 301–713–1917.
SUPPLEMENTARY INFORMATION:
Proposed Opening and Closure Dates
and Quotas
TABLE 1—PROPOSED OPENING AND CLOSURE DATES AND QUOTAS
Species Group
Region
Opening Date
Closure Date
Quota
August 31, 2005 11:30
p.m. local time
148 mt dw (326,280 lb
dw)
Second Trimester Season
Large Coastal Sharks
Gulf of Mexico
South Atlantic
July 1, 2005
182 mt dw (401,237 lb
dw)
North Atlantic
July 15, 2005
65.2 mt dw (143,739 lb
dw)
Gulf of Mexico
Small Coastal Sharks
August 1, 2005
May 1, 2005
To be determined, as
necessary
30.5 mt dw (67,240 lb
dw)
South Atlantic
North Atlantic
Blue sharks
281.3 mt dw (620,153
lb dw)
23 mt dw (50,706 dw)
No regional quotas
May 1, 2005
To be determined, as
necessary
91 mt dw (200,619 lb
dw)
Porbeagle sharks
30.7 mt dw (67,681 lb
dw)
Pelagic sharks other than blue or porbeagle
162.7 mt dw (358,688
lb dw)
Third Trimester Season
Large Coastal Sharks
Gulf of Mexico
October 31, 2005
11:30 p.m. local time
167.7 mt dw (369,711
lb dw)
South Atlantic
December 15, 2005
11:30 p.m. local time
187.5 mt dw (413,362
lb dw)
North Atlantic
Small Coastal Sharks
September 14, 2005
11:30 p.m. local time
4.8 mt dw (10,582 lb
dw)
To be determined, as
necessary
31.7 mt dw (69,885 lb
dw)
Gulf of Mexico
September 1, 2005
September 1, 2005
South Atlantic
North Atlantic
Blue sharks
201.1 mt dw (443,345
lb dw)
15.9 mt dw (35,053 lb
dw)
No regional quotas
September 1, 2005
To be determined, as
necessary
91 mt dw (200,619 lb
dw)
Porbeagle sharks
30.7 mt dw (67,681 lb
dw)
Pelagic sharks
162.7 mt dw (358,688
lb dw)
Background
The Atlantic shark fishery is managed
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act). The Fisheries Management Plan
for Atlantic Tunas, Swordfish, and
Sharks (HMS FMP), finalized in 1999,
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and Amendment 1 to the HMS FMP,
finalized in 2003, are implemented by
regulations at 50 CFR part 635.
On December 24, 2003, NMFS
published a final rule (68 FR 74746) for
Amendment 1 to the HMS FMP that
established, among other things, the
2004 annual landings quota for LCS at
1,017 metric tons (mt) dressed weight
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(dw) and the 2004 annual landings
quota for SCS at 454 mt dw. The final
rule also established regional LCS and
SCS quotas for the commercial shark
fishery in the Gulf of Mexico (Texas to
the West coast of Florida), South
Atlantic (East coast of Florida to North
Carolina and the Caribbean), and North
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Atlantic (Virginia to Maine). The quota
for LCS was split among the three
regions based upon historic landings.
On November 30, 2004, NMFS
published a final rule (69 FR 69537) that
adjusted the 2005 regional quotas for
LCS and SCS based on updated landings
information, divided the quotas among
the three trimester seasons, established
a method of accounting for over- or
underharvests in the transition from
semi-annual to trimester seasons, and
implemented a new process for
notifying participants of season opening
and closing dates and quotas.
The 2004 final rule divided the LCS
quota among the three regions as
follows: 52 percent to the Gulf of
Mexico, 41 percent to the South
Atlantic, and 7 percent to the North
Atlantic. The SCS quota was split
among the three regions as follows: 10
percent to the Gulf of Mexico, 88
percent to the South Atlantic, and 2
percent to the North Atlantic. The
regional quotas for LCS and SCS were
divided equally between the trimester
seasons in the South Atlantic and the
Gulf of Mexico, and according to
historical landings in the North
Atlantic. The quotas were divided in
this manner because sharks are available
throughout much of the year in the Gulf
of Mexico and South Atlantic regions,
but primarily during the summer
months in the North Atlantic region.
Dividing the quota according to
historical landings in the North Atlantic
provided that region with a better
opportunity to harvest its regional
quota.
The final rule also established a
method of dividing any over- or
underharvests from the 2004 first semiannual season equally between the 2005
first and second trimester seasons, and
any over- or underharvest from the 2004
second semi-annual season equally
between the 2005 second and third
trimester seasons. This was done, in
part, to make a larger portion of the
quota available to fishermen during the
second and third trimester seasons
when the time/area closure off North
Carolina will no longer be in effect.
Consistent with the Administrative
Procedure Act (APA), the final rule
established a process of issuing a
proposed and final rule for notification
of season lengths and quotas to facilitate
public comment. This proposed rule
serves as notification of proposed
season lengths and quotas pursuant to
50 CFR 635.27(b)(1)(iii). This action
would not change the 2005 base
landings quota or the 2005 regional
quotas established in the November 30,
2004, final rule.
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Annual Landings Quotas
Any of the proposed quotas may
change depending on any updates to the
reported landings from the 2004 second
semi-annual season. Per Amendment 1
to the HMS FMP, the 2005 annual base
landings quotas for LCS and SCS are
1,017 mt dw (2,242,078 lbs dw) for LCS
and 454 mt dw (1,000,888.4 lbs dw) for
SCS. The 2005 quota levels for pelagic,
blue, and porbeagle sharks are 488 mt
dw (1,075,844.8 lbs dw), 273 mt dw
(601,855.8 lbs dw), and 92 mt dw
(202,823.2 lbs dw), respectively. This
rule does not propose to change any of
these overall base landings quotas.
As of February 1, 2005, the overall
2004 second semi-annual season quotas
for LCS and SCS had not been exceeded.
Reported landings of LCS were at 89
percent (618.2 mt dw) of the LCS semiannual quota, and SCS landings were at
30 percent (77.1 mt dw) of the overall
SCS semi-annual quota. The Gulf of
Mexico and North Atlantic regions
experienced overharvests of 6 percent
(16.9 mt dw) and 5 percent (1.85 mt dw)
of their regional LCS quotas,
respectively, whereas the South Atlantic
region experienced an underharvest of
26 percent (97.1 mt dw) of its regional
LCS quota. The Gulf of Mexico and
South Atlantic experienced an
underharvest of 62 percent (33.2 mt dw)
and 65 percent (138.7 mt dw) of their
regional SCS quotas, respectively. The
North Atlantic reported no landings of
SCS during the second semi- annual
season. As described below, the regional
quotas will be adjusted based on these
over- or underharvests.
Regional Landings Quotas Percentages
for LCS and SCS
Consistent with 50 CFR
635.27(b)(1)(iii), the annual LCS quota
(1,017 mt dw) is split among the regions
as follows: 52 percent to the Gulf of
Mexico, 41 percent to the South
Atlantic, and 7 percent to the North
Atlantic.
Also consistent with 50 CFR
635.27(b)(1)(vi)(3), the LCS quota for the
Gulf of Mexico and the South Atlantic
regions is further split equally (33.3
percent/season) between the three
trimester fishing seasons, and the quota
for the North Atlantic is further split
according to historical landings of 4, 88,
and 8 percent for the first, second, and
third trimester seasons, respectively.
Consistent with 50 CFR
635.27(b)(1)(iv), the annual SCS quota
(454 mt dw) is split among the regions
as follows: 10 percent to the Gulf of
Mexico, 87 percent to the South
Atlantic, and 3 percent to the North
Atlantic.
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Also consistent with 50 CFR
635.27(b)(1)(vi)(3), the SCS quota for the
Gulf of Mexico and the South Atlantic
region is further split equally (33.3
percent/season) between the three
trimester fishing seasons, and the quota
for the North Atlantic is further split
according to historical landings of 1, 9,
and 90 percent for the first, second, and
third trimester seasons, respectively.
Due to the transition between semiannual and trimester seasons, and
consistent with the November 30, 2004,
final rule, any over- or underharvest in
a given region for the 2004 second semiannual season will be divided equally
between that region’s quotas for the
second and third 2005 trimester
seasons. Additionally, one half of the
over- or underharvest from the 2004 first
semi-annual season will be carried over
to the second 2005 trimester season.
Gulf of Mexico Regional Landings
Quotas
In 2004, preliminary data indicate
that for LCS, the Gulf of Mexico had an
overharvest of 39.7 mt dw in the first
semi-annual season, and an overharvest
of 16.9 mt dw in the second semiannual season. Thus, the total amount of
quota removed from the second
trimester season is 28.3 mt dw (39.7/2
+16.9/2), and the total amount of LCS
quota removed from the third trimester
season is 8.45 mt dw (16.9/2). As a
result, the Gulf of Mexico LCS quota for
the 2005 second trimester season is
proposed to be 147.8 mt dw
(1,017*0.52*0.333 ¥28.3), and the
quota for the 2005 third trimester season
is proposed as 167.7 mt dw
(1,017*0.52*0.333 ¥8.45).
In 2004, preliminary data indicate
that for SCS, the Gulf of Mexico had an
overharvest of 2.4 mt dw in the first
semi-annual season, and an
underharvest of 33.2 mt dw in the
second semi-annual season. Thus, the
total amount of quota carried over into
the second trimester season is 15.4 mt
dw (33.2/2 ¥2.4/2), and the total
amount of quota carried over into the
third trimester season is 16.6 mt dw
(33.2/2). As a result, the Gulf of Mexico
SCS quota for the 2005 second trimester
season is proposed to be 30.5 mt dw
(454*0.10*0.333 +15.4), and the quota
for the 2005 third trimester season is
proposed as 31.7 mt dw
(454*0.10*0.333 +16.6).
South Atlantic Regional Landings
Quotas
In 2004, preliminary data indicate
that for LCS, the South Atlantic had an
overharvest of 11.2 mt dw in the first
semi-annual season, and an
underharvest of 97.1 mt dw in the
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second semi-annual season. Thus, the
total amount of quota carried over to the
second trimester season is 43.0 mt dw
(97.1/2–11.2/2), and the total amount of
quota carried over into the third
trimester season is 48.6 mt dw (97.1/2).
As a result, the South Atlantic LCS
quota for the 2005 second trimester
season is proposed to be 182.0 mt dw
(1,017*0.41*0.333 +43.0), and the quota
for the 2005 third trimester season is
proposed as 187.5 mt dw
(1,017*0.41*0.333 +48.6).
In 2004, preliminary data indicate
that for SCS, the South Atlantic had an
underharvest of 161.0 mt dw in the first
semi-annual season, and an
underharvest of 138.7 mt dw in the
second semi-annual season. Thus, the
total amount of quota carried over into
the second trimester season is 149.8 mt
dw (161.0/2 +138.7/2), and the total
amount of quota carried over into the
third trimester season is 69.3 mt dw
(138.7/2). As a result, the South Atlantic
SCS quota for the 2005 second trimester
season is proposed to be 281.3 mt dw
(454*0.87*0.333 +149.8), and the quota
for the 2005 third trimester season is
proposed to be 200.8 mt dw
(454*0.87*0.333 +69.3).
North Atlantic Regional Landings
Quotas
In 2004, preliminary data indicate
that for LCS, the North Atlantic had an
underharvest of 7.0 mt dw in the first
semi-annual season, and an overharvest
of 1.85 mt dw in the second semiannual season. Thus the total amount of
quota carried over into the second
trimester season is 2.6 mt dw (7.0/2
¥1.85/2), and the total amount of quota
removed from the third trimester season
is 0.93 mt dw (1.85/2). As a result, the
North Atlantic LCS quota for the 2005
second trimester season is proposed to
be 65.2 mt dw (1,017*0.07*0.88 +2.6),
and the quota for the 2005 third
trimester season is proposed as 4.76 mt
dw (1,017*0.07*0.08 ¥.93).
In 2004, preliminary data indicate
that for SCS, the North Atlantic had an
underharvest of 36.1 mt dw in the first
semi-annual season, and an
underharvest of 7.4 mt dw in the second
semi-annual season. Thus, the total
amount of quota carried over into the
second trimester season is 21.8 mt dw
(36.1/2 +7.4/2), and the total amount of
quota carried over into the third
trimester season is 3.7 mt dw (7.4/2). As
a result, the North Atlantic SCS quota
for the 2005 second trimester season is
proposed to be 23.0 mt dw
(454*0.03*0.09 +21.8), and the quota for
the 2005 third trimester season is
proposed as 15.9 mt dw (454*0.03*0.90
+3.7).
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Pelagic Shark Quotas
The 2005 annual quotas for pelagic,
blue, and porbeagle sharks are 488 mt
dw (1,075,844.8 lbs dw), 273 mt dw
(601,855.8 lbs dw), and 92 mt dw
(202,823.2 lbs dw), respectively. These
are the same quotas that were
established in the HMS FMP. As of
February 2005, approximately 57.3 mt
dw had been reported landed in the
second 2004 semiannual fishing season
in total for pelagic, blue, and porbeagle
sharks combined. Thus, the pelagic
shark quota does not need to be reduced
consistent with the current regulations
50 CFR 635.27(b)(1)(iv). The 2005
second and third trimester quotas for
pelagic, blue, and porbeagle sharks are
proposed to be 162.6 mt dw (358,688.4
lbs dw), 91 mt dw (200,618.6 lbs dw),
and 30.7 mt dw (67,681.2 lbs dw),
respectively.
Proposed Fishing Season Notification
for the Second Season
The second trimester fishing season of
the 2005 fishing year for SCS, pelagic
sharks, blue sharks, and porbeagle
sharks in the northwestern Atlantic
Ocean, including the Gulf of Mexico
and the Caribbean Sea, is proposed to
open on May 1, 2005, at 11:30 a.m. local
time. When quotas are projected to be
reached for the SCS, pelagic, blue, or
porbeagle shark fisheries, the Assistant
Administrator (AA) will file notification
of closures at the Office of the Federal
Register at least 14 days before the
effective date, as consistent with 50 CFR
635.28(b)(2).
The second trimester fishing season of
the 2005 fishing year for LCS is
proposed to open on July 1, 2005, in the
South Atlantic region, on July 15, 2005,
in the North Atlantic region, and on
August 1, 2005, in the Gulf of Mexico
region. NMFS is proposing to close the
second trimester season LCS fishery in
all regions on August 31, 2005, at 11:30
p.m. local time.
NMFS is proposing to delay the start
of the second season for LCS to reduce
the likelihood of interactions with
pregnant female sharks that may be
about to give birth. Delaying the start of
the season will also allow the second
and third trimester seasons to run
consecutively. This will prevent the
need for a closure of the LCS fishery
between the second and third trimester
seasons and should help minimize
disruption to fishery participants in the
transition from semi-annual to trimester
seasons.
To estimate the LCS fishery opening
and closing dates for the second and
third trimester seasons, NMFS
calculated the average catch rates from
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July and August combined, as well as
catch rates from August alone for each
of the regions during the second semiannual season in recent years (2000–
2004), and then took the average of the
two estimates to determine the
appropriate season lengths. NMFS used
this precautionary approach of
averaging catch rates from July and
August because of the potential for
higher effort in August than has been
observed in the past, and to reduce the
likelihood of an overharvest. These
average catch rates were used to
estimate the amount of available quota
that would likely be taken by the end of
each dealer reporting period.
Consistent with 50 CFR 635(b)(1)(vi),
any over- or underharvests in one region
will result in an equivalent increase or
decrease in the following year’s quota
for that region.
Because state landings during a
Federal closure are counted against the
quota, NMFS also calculated the average
amount of quota reported received
during the Federal closure dates of the
years used to estimate catch rates.
Pursuant to 50 CFR 635.5(b)(1), shark
dealers must report any sharks received
twice a month. More specifically, sharks
received between the first and 15th of
every month must be reported to NMFS
by the 25th of that same month and
those received between the 16th and the
end of the month must be reported to
NMFS by the 10th of the following
month. Thus, in order to simplify dealer
reporting and aid in managing the
fishery, NMFS proposes to open and
close the Federal LCS fishery on either
the 15th or the end of any given month.
Based on the average July and August
LCS catch rates combined in recent
years in the Gulf of Mexico region,
approximately 54 percent of the
available second trimester LCS quota
(148.0 mt dw) would likely be taken in
2 weeks and 108 percent of the available
LCS quota would likely be taken in 4
weeks. Dealer data also indicate that, on
average, approximately 6.5 mt dw of
LCS has been reported received by
dealers during a Federal closure. This is
approximately 4 percent of the proposed
available quota. If catch rates in 2005
are similar to the average catch rates
from 2000 to 2004, 58 percent (54 + 4
percent) of the second trimester quota
could be caught in 2 weeks, and 113
percent (109 + 4) of the quota could be
caught in 4 weeks.
Based on average LCS catch rates from
August in recent years in the Gulf of
Mexico region, approximately 37
percent of the available second trimester
LCS quota would likely be taken in 2
weeks and 73 percent of the available
second trimester LCS quota would
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likely be taken in 4 weeks. If catch rates
in 2005 are similar to the average catch
rates from 2000 to 2004, 41 percent (37
+ 4) of the second trimester quota could
be caught in 2 weeks and 77 percent (73
percent + 4 percent) of the quota could
be caught in 4 weeks. Taking into
account the average of the two catch
rates for 4 weeks, approximately 95
percent (113 percent and 77 percent), of
the quota would likely be caught during
this period. Thus, NMFS proposes to
open the fishery in the Gulf of Mexico
on August 1, 2005.
Based on the average July and August
LCS catch rates combined in recent
years for the South Atlantic region,
approximately 81 percent of the
available second trimester LCS quota
(182.0 mt dw) would likely be taken in
6 weeks and 100 percent of the available
LCS quota would likely be taken in 8
weeks. Dealer data also indicate that, on
average, approximately 17 mt dw of LCS
has been reported received by dealers
during a Federal closure. This is
approximately 9 percent of the available
quota. Thus, if catch rates in 2005 are
similar to the average catch rates from
2000 to 2004, 90 percent (81 percent +
9 percent) of the quota could be caught
in 6 weeks, and 109 percent (100
percent + 9 percent) of the quota could
be caught in 8 weeks.
Based on the average LCS catch rates
for August in recent years for the South
Atlantic region, approximately 56
percent of the available second trimester
LCS quota would likely be taken in 6
weeks and 74 percent of the available
LCS quota would likely be taken in 8
weeks. Thus, if catch rates in 2005 are
similar to the average catch rates from
2000 to 2004, 65 percent (56 percent +
9 percent) of the quota could be caught
in 6 weeks, and 83 percent (74 percent
+ 9 percent) of the quota could be
caught in 8 weeks. Taking into account
the average of the two catch rates for 8
weeks (109 percent and 83 percent),
approximately 96 percent of the quota
would likely be caught during this
period. Thus, in order for the second
and third trimester seasons to run
consecutively without exceeding the
quota during the second trimester
season, NMFS proposes to open the
fishery in the South Atlantic on July 1,
2005.
Based on the average July and August
LCS catch rates combined in recent
years for the North Atlantic region,
approximately 80.7 percent of the
available second trimester LCS quota
(65.2 mt dw) would likely be taken in
4 weeks and 104 percent of the available
LCS quota would likely be taken in 6
weeks. Dealer data also indicate that, on
average, approximately 9 mt dw of LCS
VerDate jul<14>2003
18:23 Mar 09, 2005
Jkt 205001
has been reported received by dealers
during a Federal closure. This is
approximately 14 percent of the
available quota. Thus, if catch rates in
2005 are similar to the average catch
rates from 2000 to 2004, 94.7 percent
(80.7 + 14 percent) of the quota could
be caught in 4 weeks, and 118 percent
(104 percent + 14 percent) in 6 weeks.
Thus, allowing the fishery to stay open
for 6 weeks could result in an
overharvest.
Based on the average August LCS
catch rates in recent years for the North
Atlantic region, approximately 46
percent of the available second trimester
LCS quota would likely be taken in 4
weeks and 70 percent of the available
LCS quota would likely be taken in 6
weeks. Thus, if catch rates in 2005 are
similar to the average catch rates from
2000 to 2004, 60 percent (46 percent +
14 percent) of the quota would likely be
caught by in 4 weeks, and 84 percent of
the quota would likely be caught in 6
weeks (70 percent + 14 percent). Taking
into account the average of the two
catch rates for 6 weeks (118 percent and
74 percent), approximately 96 percent of
the quota would likely be caught during
this period. Thus, in order for the
second and third trimester seasons to
run consecutively without exceeding
the quota during the second trimester
season, NMFS proposes to open the
fishery in the North Atlantic on July 15,
2005.
Proposed Fishing Season Notification
for the Third Season
The third trimester fishing season of
the 2005 fishing year for LCS, SCS,
pelagic sharks, blue sharks, and
porbeagle sharks in all regions in the
northwestern Atlantic Ocean, including
the Gulf of Mexico and the Caribbean
Sea, is proposed to open on September
1, 2005. When quotas are projected to be
reached for the SCS, pelagic, blue, or
porbeagle shark fisheries, the AA will
file notification of closures at the Office
of the Federal Register at least 14 days
before the effective date, as consistent
with 50 CFR 635.28(b)(2).
NMFS is proposing to close the third
trimester season LCS fishery in the
North Atlantic on September 14, 2005,
at 11:30 p.m. local time, in the Gulf of
Mexico on October 31, 2005, at 11:30
p.m. local time, and in the South
Atlantic on December 15, 2005, at 11:30
local time.
Since the LCS fishery has historically
been closed during much of the third
trimester period, NMFS used average
LCS catch rates from August and
September in recent years (2000–2004)
to estimate the third trimester season
catch rates and closure dates for each of
PO 00000
Frm 00041
Fmt 4702
Sfmt 4702
the regions. NMFS used this
precautionary approach of averaging
catch rates from August and September
because of the potential for higher effort
in September than has been observed in
the past, and to reduce the likelihood of
an overharvest. Using catch rates from
August alone may not be appropriate
because catch rates during that month
have been higher historically than
during September, and because it does
not fall within the third trimester
season. However, using catch rates from
September alone may also not be
appropriate because of the lack of data
during that month. Hence, NMFS used
the average of the 2-month catch rates.
In the Gulf of Mexico, approximately
79 percent of the available third
trimester LCS quota (167.8 mt dw)
would likely be taken by the end of
October and 99 percent of the available
LCS quota would likely be taken by the
second week of November. Dealer data
also indicate that, on average,
approximately 6.5 mt dw of LCS has
been reported received by dealers after
a Federal closure. This is approximately
4 percent of the available quota. Thus,
if catch rates in 2005 are similar to the
average catch rates from 2001 to 2004,
82 percent (79 percent + 4 percent) of
the quota could be caught by the end of
October. If the fishery were to remain
open until the second week of
November, the quota would likely be
exceeded (99 percent + 4 percent = 103
percent). Accordingly, NMFS is
proposing to close the Gulf of Mexico
LCS fishery on October 31, 2005, at
11:30 p.m. local time.
In the South Atlantic, approximately
86 percent of the available third
trimester LCS quota (187.5 mt dw)
would likely be taken by the second
week of December and 98 percent of the
available LCS quota would likely be
taken by the end of December. Dealer
data also indicate that, on average,
approximately 18 mt dw of LCS has
been reported received by dealers after
a Federal closure. This is approximately
10 percent of the available quota. Thus,
if catch rates in 2005 are similar to the
average catch rates from 2001 to 2004,
96 percent (86 percent + 10 percent) of
the quota could be caught by the second
week of December. If the fishery were to
remain open until the end of December,
the quota would likely be exceeded (98
percent + 10 percent = 108 percent).
Accordingly, NMFS is proposing to
close the South Atlantic LCS fishery on
December 15, 2005, at 11:30 p.m. local
time.
In the North Atlantic, approximately
68 percent of the available third
trimester LCS quota (4.8 mt dw) would
likely be taken by the second week of
E:\FR\FM\10MRP1.SGM
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Federal Register / Vol. 70, No. 46 / Thursday, March 10, 2005 / Proposed Rules
September and 135 percent of the
available LCS quota would likely be
taken by the end of September. Dealer
data also indicate that, on average,
approximately 7 mt dw of LCS has been
reported received by dealers after a
Federal closure. This is approximately
151 percent of the available quota. Thus,
if catch rates in 2005 are similar to the
average catch rates from 2001 to 2004,
219 percent (68 percent + 151 percent)
of the quota could be caught by the
second week of September.
Accordingly, NMFS is proposing to
close the North Atlantic LCS fishery on
September 15, 2005, at 11:30 p.m. local
time.
Request for Comments
NMFS will hold one public hearing
(see DATES and ADDRESSES) to receive
comments from fishery participants and
other members of the public regarding
these proposed alternatives. These
hearings will be physically accessible to
people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Chris Rilling at (301) 713–2347 at least
5 days prior to the hearing date. For
individuals unable to attend a hearing,
NMFS also solicits written comments on
this proposed rule (see DATES and
ADDRESSES).
Classification
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 impacts on a substantial
number of small entities. This proposed
rule is published under the authority of
VerDate jul<14>2003
18:23 Mar 09, 2005
Jkt 205001
the Magnuson-Stevens Act, 16 U.S.C.
1801 et seq. Consistent with 50 CFR
635.279(b)(1)(iii) and (iv), the purpose
of this action is to adjust the LCS and
SCS trimester quotas based on over- or
underharvests from the 2004 fishing
season, and to announce the 2005
second and third trimester season
opening and closing dates. This
proposed rule will not increase overall
quotas, landings or regional percentages
for LCS or SCS, implement any new
management measures not previously
considered, and is not expected to
increase fishing effort or protected
species interactions.
This proposed rule would result in a
net positive economic impact for the
South Atlantic and North Atlantic and
a minimal negative economic impact for
the Gulf of Mexico. The 2003 average
ex-vessel price for LCS flesh was $0.79/
lb, and the average ex-vessel price for
SCS flesh was $0.53/lb dw. Although
shark fins command a higher price
($19.86/lb dw), they represent only a
small proportion of the total landings.
The Gulf of Mexico experienced a net
overharvest of 56.6 mt dw (¥$98,576,
excluding fins) of LCS during the two
2004 semi-annual seasons and a net
underharvest of 30.8 mt dw (+$35,987)
of SCS during the 2004 seasons. Thus,
the net economic impact to the Gulf of
Mexico is approximately ¥$62,589.
This represents a small fraction of the
overall gross revenue for the fishery
($4.5 million in 2003) and does not
represent a significant negative
economic impact. For the South
Atlantic and the North Atlantic, which
both experienced net underharvests of
85.9 mt dw and 5.15 mt dw for LCS,
PO 00000
Frm 00042
Fmt 4702
Sfmt 4702
11927
respectively, and 299.7 mt dw and 43.5
mt dw for SCS, respectively, during
2004, the net economic impact would be
positive. For the South Atlantic, if the
entire quota is caught, this could result
in a net economic benefit of
approximately $499,786 ($149,606 for
LCS, excluding fins + $350,180 for SCS).
For the North Atlantic, if the entire
quota is caught, this could result in net
economic benefit of approximately
$59,115 ($8,288 for LCS, excluding fins
+ $50,827 for SCS).
This rule is expected to impact 253
directed commercial shark permit
holders, 358 incidental commercial
shark permit holders, and 267
commercial shark dealers, all of which
are considered small entities according
to the Small Business Administration’s
standard for defining a small entity (5
U.S.C. 603(b)(3)).
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
NMFS has determined preliminarily
that these regulations would be
implemented in a manner consistent to
the maximum extent practicable with
the enforceable policies of those coastal
states on the Atlantic including the Gulf
of Mexico and Caribbean that have
approved coastal zone management
programs. Letters have been sent to the
relevant states asking for their
concurrence.
Dated: March 4, 2005.
William T. Hogarth,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. 05–4743 Filed 3–7–05; 2:32 pm]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 70, Number 46 (Thursday, March 10, 2005)]
[Proposed Rules]
[Pages 11922-11927]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4743]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 050303056-5056-01; I.D. 020205F]
RIN 0648-AT07
Atlantic Highly Migratory Species; Atlantic Commercial Shark
Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would establish the second and third
trimester season quotas for large coastal sharks (LCS), small coastal
sharks (SCS), pelagic, blue, and porbeagle sharks based on over- or
underharvests from the 2004 second semi-annual season. In addition,
this rule proposes the opening and closing dates for the LCS fishery
based on adjustments to the trimester quotas. This action could affect
all commercial fishermen in the Atlantic commercial shark fishery.
DATES: Written comments will be accepted until 5 p.m. on March 25,
2005.
NMFS will hold one public hearing to receive comments from fishery
participants and other members of the public regarding the proposed
shark regulations. The hearing date is Monday, March 21, 2005, from
2:45-3:45 p.m.
The Atlantic commercial shark fishing season proposed opening and
closure dates and quotas are provided in Table 1 under SUPPLEMENTARY
INFORMATION.
ADDRESSES: The hearing location is the Holiday Inn, 8777 Georgia
Avenue, Silver Spring, MD 20910.
Written comments on the proposed rule may be submitted to
Christopher Rogers, Chief, Highly Migratory Species Management Division
via:
E-mail: SF1.020205F@noaa.gov.
Mail: 1315 East-West Highway, Silver Spring, MD 20910.
Please mark the outside of the envelope ``Comments on Proposed Rule for
2nd and 3rd Trimester Season Lengths and Quotas.''
Fax: 301-713-1917.
Federal e-Rulemaking portal: https://www.regulations.gov.
Include in the subject line the following identifier: I.D. 020205F.
FOR FURTHER INFORMATION CONTACT: Chris Rilling, Karyl Brewster-Geisz,
or
[[Page 11923]]
Mike Clark by phone: 301-713-2347 or by fax: 301-713-1917.
SUPPLEMENTARY INFORMATION:
Proposed Opening and Closure Dates and Quotas
Table 1--Proposed Opening and Closure Dates and Quotas
------------------------------------------------------------------------
Opening Closure
Species Group Region Date Date Quota
------------------------------------------------------------------------
Second Trimester Season
------------------------------------------------------------------------
Large Coastal Sharks Gulf of August August 31, 148 mt dw
Mexico 1, 2005 2005 (326,280
11:30 lb dw)
p.m.
local
time
-------------------- -----------
South July 1, .......... 182 mt dw
Atlanti 2005 (401,237
c lb dw)
-------------------- -----------
North July 15, .......... 65.2 mt dw
Atlanti 2005 (143,739
c lb dw)
------------------------------------------------------------------------
Small Coastal Sharks Gulf of May 1, To be 30.5 mt dw
Mexico 2005 determine (67,240
d, as lb dw)
necessary
---------- -----------
South ........ .......... 281.3 mt
Atlanti dw
c (620,153
lb dw)
---------- -----------
North ........ .......... 23 mt dw
Atlanti (50,706
c dw)
------------------------------------------------------------------------
Blue sharks No May 1, To be 91 mt dw
regiona 2005 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
------------------------------------------------------------------------
Large Coastal Sharks Gulf of Septembe October 167.7 mt
Mexico r 1, 31, 2005 dw
2005 11:30 (369,711
p.m. lb dw)
local
time
---------- -----------------------
South ........ December 187.5 mt
Atlanti 15, 2005 dw
c 11:30 (413,362
p.m. lb dw)
local
time
---------- -----------------------
North ........ September 4.8 mt dw
Atlanti 14, 2005 (10,582
c 11:30 lb dw)
p.m.
local
time
------------------------------------------------------------------------
Small Coastal Sharks Gulf of Septembe To be 31.7 mt dw
Mexico r 1, determine (69,885
2005 d, as lb dw)
necessary
---------- -----------
South ........ .......... 201.1 mt
Atlanti dw
c (443,345
lb dw)
---------- -----------
North ........ .......... 15.9 mt dw
Atlanti (35,053
c lb dw)
------------------------------------------------------------------------
Blue sharks No Septembe To be 91 mt dw
regiona r 1, determine (200,619
l 2005 d, as lb dw)
quotas necessary
----------------------------- -----------
Porbeagle sharks ........ ........ .......... 30.7 mt dw
(67,681
lb dw)
----------------------------- -----------
Pelagic sharks ........ ........ .......... 162.7 mt
dw
(358,688
lb dw)
------------------------------------------------------------------------
Background
The Atlantic shark fishery is managed under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). The Fisheries Management Plan for Atlantic Tunas,
Swordfish, and Sharks (HMS FMP), finalized in 1999, and Amendment 1 to
the HMS FMP, finalized in 2003, are implemented by regulations at 50
CFR part 635.
On December 24, 2003, NMFS published a final rule (68 FR 74746) for
Amendment 1 to the HMS FMP that established, among other things, the
2004 annual landings quota for LCS at 1,017 metric tons (mt) dressed
weight (dw) and the 2004 annual landings quota for SCS at 454 mt dw.
The final rule also established regional LCS and SCS quotas for the
commercial shark fishery in the Gulf of Mexico (Texas to the West coast
of Florida), South Atlantic (East coast of Florida to North Carolina
and the Caribbean), and North
[[Page 11924]]
Atlantic (Virginia to Maine). The quota for LCS was split among the
three regions based upon historic landings.
On November 30, 2004, NMFS published a final rule (69 FR 69537)
that adjusted the 2005 regional quotas for LCS and SCS based on updated
landings information, divided the quotas among the three trimester
seasons, established a method of accounting for over- or underharvests
in the transition from semi-annual to trimester seasons, and
implemented a new process for notifying participants of season opening
and closing dates and quotas.
The 2004 final rule divided the LCS quota among the three regions
as follows: 52 percent to the Gulf of Mexico, 41 percent to the South
Atlantic, and 7 percent to the North Atlantic. The SCS quota was split
among the three regions as follows: 10 percent to the Gulf of Mexico,
88 percent to the South Atlantic, and 2 percent to the North Atlantic.
The regional quotas for LCS and SCS were divided equally between the
trimester seasons in the South Atlantic and the Gulf of Mexico, and
according to historical landings in the North Atlantic. The quotas were
divided in this manner because sharks are available throughout much of
the year in the Gulf of Mexico and South Atlantic regions, but
primarily during the summer months in the North Atlantic region.
Dividing the quota according to historical landings in the North
Atlantic provided that region with a better opportunity to harvest its
regional quota.
The final rule also established a method of dividing any over- or
underharvests from the 2004 first semi-annual season equally between
the 2005 first and second trimester seasons, and any over- or
underharvest from the 2004 second semi-annual season equally between
the 2005 second and third trimester seasons. This was done, in part, to
make a larger portion of the quota available to fishermen during the
second and third trimester seasons when the time/area closure off North
Carolina will no longer be in effect.
Consistent with the Administrative Procedure Act (APA), the final
rule established a process of issuing a proposed and final rule for
notification of season lengths and quotas to facilitate public comment.
This proposed rule serves as notification of proposed season lengths
and quotas pursuant to 50 CFR 635.27(b)(1)(iii). This action would not
change the 2005 base landings quota or the 2005 regional quotas
established in the November 30, 2004, final rule.
Annual Landings Quotas
Any of the proposed quotas may change depending on any updates to
the reported landings from the 2004 second semi-annual season. Per
Amendment 1 to the HMS FMP, the 2005 annual base landings quotas for
LCS and SCS are 1,017 mt dw (2,242,078 lbs dw) for LCS and 454 mt dw
(1,000,888.4 lbs dw) for SCS. The 2005 quota levels for pelagic, blue,
and porbeagle sharks are 488 mt dw (1,075,844.8 lbs dw), 273 mt dw
(601,855.8 lbs dw), and 92 mt dw (202,823.2 lbs dw), respectively. This
rule does not propose to change any of these overall base landings
quotas.
As of February 1, 2005, the overall 2004 second semi-annual season
quotas for LCS and SCS had not been exceeded. Reported landings of LCS
were at 89 percent (618.2 mt dw) of the LCS semi-annual quota, and SCS
landings were at 30 percent (77.1 mt dw) of the overall SCS semi-annual
quota. The Gulf of Mexico and North Atlantic regions experienced
overharvests of 6 percent (16.9 mt dw) and 5 percent (1.85 mt dw) of
their regional LCS quotas, respectively, whereas the South Atlantic
region experienced an underharvest of 26 percent (97.1 mt dw) of its
regional LCS quota. The Gulf of Mexico and South Atlantic experienced
an underharvest of 62 percent (33.2 mt dw) and 65 percent (138.7 mt dw)
of their regional SCS quotas, respectively. The North Atlantic reported
no landings of SCS during the second semi- annual season. As described
below, the regional quotas will be adjusted based on these over- or
underharvests.
Regional Landings Quotas Percentages for LCS and SCS
Consistent with 50 CFR 635.27(b)(1)(iii), the annual LCS quota
(1,017 mt dw) is split among the regions as follows: 52 percent to the
Gulf of Mexico, 41 percent to the South Atlantic, and 7 percent to the
North Atlantic.
Also consistent with 50 CFR 635.27(b)(1)(vi)(3), the LCS quota for
the Gulf of Mexico and the South Atlantic regions is further split
equally (33.3 percent/season) between the three trimester fishing
seasons, and the quota for the North Atlantic is further split
according to historical landings of 4, 88, and 8 percent for the first,
second, and third trimester seasons, respectively.
Consistent with 50 CFR 635.27(b)(1)(iv), the annual SCS quota (454
mt dw) is split among the regions as follows: 10 percent to the Gulf of
Mexico, 87 percent to the South Atlantic, and 3 percent to the North
Atlantic.
Also consistent with 50 CFR 635.27(b)(1)(vi)(3), the SCS quota for
the Gulf of Mexico and the South Atlantic region is further split
equally (33.3 percent/season) between the three trimester fishing
seasons, and the quota for the North Atlantic is further split
according to historical landings of 1, 9, and 90 percent for the first,
second, and third trimester seasons, respectively.
Due to the transition between semi-annual and trimester seasons,
and consistent with the November 30, 2004, final rule, any over- or
underharvest in a given region for the 2004 second semi-annual season
will be divided equally between that region's quotas for the second and
third 2005 trimester seasons. Additionally, one half of the over- or
underharvest from the 2004 first semi-annual season will be carried
over to the second 2005 trimester season.
Gulf of Mexico Regional Landings Quotas
In 2004, preliminary data indicate that for LCS, the Gulf of Mexico
had an overharvest of 39.7 mt dw in the first semi-annual season, and
an overharvest of 16.9 mt dw in the second semi-annual season. Thus,
the total amount of quota removed from the second trimester season is
28.3 mt dw (39.7/2 +16.9/2), and the total amount of LCS quota removed
from the third trimester season is 8.45 mt dw (16.9/2). As a result,
the Gulf of Mexico LCS quota for the 2005 second trimester season is
proposed to be 147.8 mt dw (1,017*0.52*0.333 -28.3), and the quota for
the 2005 third trimester season is proposed as 167.7 mt dw
(1,017*0.52*0.333 -8.45).
In 2004, preliminary data indicate that for SCS, the Gulf of Mexico
had an overharvest of 2.4 mt dw in the first semi-annual season, and an
underharvest of 33.2 mt dw in the second semi-annual season. Thus, the
total amount of quota carried over into the second trimester season is
15.4 mt dw (33.2/2 -2.4/2), and the total amount of quota carried over
into the third trimester season is 16.6 mt dw (33.2/2). As a result,
the Gulf of Mexico SCS quota for the 2005 second trimester season is
proposed to be 30.5 mt dw (454*0.10*0.333 +15.4), and the quota for the
2005 third trimester season is proposed as 31.7 mt dw (454*0.10*0.333
+16.6).
South Atlantic Regional Landings Quotas
In 2004, preliminary data indicate that for LCS, the South Atlantic
had an overharvest of 11.2 mt dw in the first semi-annual season, and
an underharvest of 97.1 mt dw in the
[[Page 11925]]
second semi-annual season. Thus, the total amount of quota carried over
to the second trimester season is 43.0 mt dw (97.1/2-11.2/2), and the
total amount of quota carried over into the third trimester season is
48.6 mt dw (97.1/2). As a result, the South Atlantic LCS quota for the
2005 second trimester season is proposed to be 182.0 mt dw
(1,017*0.41*0.333 +43.0), and the quota for the 2005 third trimester
season is proposed as 187.5 mt dw (1,017*0.41*0.333 +48.6).
In 2004, preliminary data indicate that for SCS, the South Atlantic
had an underharvest of 161.0 mt dw in the first semi-annual season, and
an underharvest of 138.7 mt dw in the second semi-annual season. Thus,
the total amount of quota carried over into the second trimester season
is 149.8 mt dw (161.0/2 +138.7/2), and the total amount of quota
carried over into the third trimester season is 69.3 mt dw (138.7/2).
As a result, the South Atlantic SCS quota for the 2005 second trimester
season is proposed to be 281.3 mt dw (454*0.87*0.333 +149.8), and the
quota for the 2005 third trimester season is proposed to be 200.8 mt dw
(454*0.87*0.333 +69.3).
North Atlantic Regional Landings Quotas
In 2004, preliminary data indicate that for LCS, the North Atlantic
had an underharvest of 7.0 mt dw in the first semi-annual season, and
an overharvest of 1.85 mt dw in the second semi-annual season. Thus the
total amount of quota carried over into the second trimester season is
2.6 mt dw (7.0/2 -1.85/2), and the total amount of quota removed from
the third trimester season is 0.93 mt dw (1.85/2). As a result, the
North Atlantic LCS quota for the 2005 second trimester season is
proposed to be 65.2 mt dw (1,017*0.07*0.88 +2.6), and the quota for the
2005 third trimester season is proposed as 4.76 mt dw (1,017*0.07*0.08
-.93).
In 2004, preliminary data indicate that for SCS, the North Atlantic
had an underharvest of 36.1 mt dw in the first semi-annual season, and
an underharvest of 7.4 mt dw in the second semi-annual season. Thus,
the total amount of quota carried over into the second trimester season
is 21.8 mt dw (36.1/2 +7.4/2), and the total amount of quota carried
over into the third trimester season is 3.7 mt dw (7.4/2). As a result,
the North Atlantic SCS quota for the 2005 second trimester season is
proposed to be 23.0 mt dw (454*0.03*0.09 +21.8), and the quota for the
2005 third trimester season is proposed as 15.9 mt dw (454*0.03*0.90
+3.7).
Pelagic Shark Quotas
The 2005 annual quotas for pelagic, blue, and porbeagle sharks are
488 mt dw (1,075,844.8 lbs dw), 273 mt dw (601,855.8 lbs dw), and 92 mt
dw (202,823.2 lbs dw), respectively. These are the same quotas that
were established in the HMS FMP. As of February 2005, approximately
57.3 mt dw had been reported landed in the second 2004 semiannual
fishing season in total for pelagic, blue, and porbeagle sharks
combined. Thus, the pelagic shark quota does not need to be reduced
consistent with the current regulations 50 CFR 635.27(b)(1)(iv). The
2005 second and third trimester quotas for pelagic, blue, and porbeagle
sharks are proposed to be 162.6 mt dw (358,688.4 lbs dw), 91 mt dw
(200,618.6 lbs dw), and 30.7 mt dw (67,681.2 lbs dw), respectively.
Proposed Fishing Season Notification for the Second Season
The second trimester fishing season of the 2005 fishing year for
SCS, pelagic sharks, blue sharks, and porbeagle sharks in the
northwestern Atlantic Ocean, including the Gulf of Mexico and the
Caribbean Sea, is proposed to open on May 1, 2005, at 11:30 a.m. local
time. When quotas are projected to be reached for the SCS, pelagic,
blue, or porbeagle shark fisheries, the Assistant Administrator (AA)
will file notification of closures at the Office of the Federal
Register at least 14 days before the effective date, as consistent with
50 CFR 635.28(b)(2).
The second trimester fishing season of the 2005 fishing year for
LCS is proposed to open on July 1, 2005, in the South Atlantic region,
on July 15, 2005, in the North Atlantic region, and on August 1, 2005,
in the Gulf of Mexico region. NMFS is proposing to close the second
trimester season LCS fishery in all regions on August 31, 2005, at
11:30 p.m. local time.
NMFS is proposing to delay the start of the second season for LCS
to reduce the likelihood of interactions with pregnant female sharks
that may be about to give birth. Delaying the start of the season will
also allow the second and third trimester seasons to run consecutively.
This will prevent the need for a closure of the LCS fishery between the
second and third trimester seasons and should help minimize disruption
to fishery participants in the transition from semi-annual to trimester
seasons.
To estimate the LCS fishery opening and closing dates for the
second and third trimester seasons, NMFS calculated the average catch
rates from July and August combined, as well as catch rates from August
alone for each of the regions during the second semi-annual season in
recent years (2000-2004), and then took the average of the two
estimates to determine the appropriate season lengths. NMFS used this
precautionary approach of averaging catch rates from July and August
because of the potential for higher effort in August than has been
observed in the past, and to reduce the likelihood of an overharvest.
These average catch rates were used to estimate the amount of available
quota that would likely be taken by the end of each dealer reporting
period.
Consistent with 50 CFR 635(b)(1)(vi), any over- or underharvests in
one region will result in an equivalent increase or decrease in the
following year's quota for that region.
Because state landings during a Federal closure are counted against
the quota, NMFS also calculated the average amount of quota reported
received during the Federal closure dates of the years used to estimate
catch rates.
Pursuant to 50 CFR 635.5(b)(1), shark dealers must report any
sharks received twice a month. More specifically, sharks received
between the first and 15th of every month must be reported to NMFS by
the 25th of that same month and those received between the 16th and the
end of the month must be reported to NMFS by the 10th of the following
month. Thus, in order to simplify dealer reporting and aid in managing
the fishery, NMFS proposes to open and close the Federal LCS fishery on
either the 15th or the end of any given month.
Based on the average July and August LCS catch rates combined in
recent years in the Gulf of Mexico region, approximately 54 percent of
the available second trimester LCS quota (148.0 mt dw) would likely be
taken in 2 weeks and 108 percent of the available LCS quota would
likely be taken in 4 weeks. Dealer data also indicate that, on average,
approximately 6.5 mt dw of LCS has been reported received by dealers
during a Federal closure. This is approximately 4 percent of the
proposed available quota. If catch rates in 2005 are similar to the
average catch rates from 2000 to 2004, 58 percent (54 + 4 percent) of
the second trimester quota could be caught in 2 weeks, and 113 percent
(109 + 4) of the quota could be caught in 4 weeks.
Based on average LCS catch rates from August in recent years in the
Gulf of Mexico region, approximately 37 percent of the available second
trimester LCS quota would likely be taken in 2 weeks and 73 percent of
the available second trimester LCS quota would
[[Page 11926]]
likely be taken in 4 weeks. If catch rates in 2005 are similar to the
average catch rates from 2000 to 2004, 41 percent (37 + 4) of the
second trimester quota could be caught in 2 weeks and 77 percent (73
percent + 4 percent) of the quota could be caught in 4 weeks. Taking
into account the average of the two catch rates for 4 weeks,
approximately 95 percent (113 percent and 77 percent), of the quota
would likely be caught during this period. Thus, NMFS proposes to open
the fishery in the Gulf of Mexico on August 1, 2005.
Based on the average July and August LCS catch rates combined in
recent years for the South Atlantic region, approximately 81 percent of
the available second trimester LCS quota (182.0 mt dw) would likely be
taken in 6 weeks and 100 percent of the available LCS quota would
likely be taken in 8 weeks. Dealer data also indicate that, on average,
approximately 17 mt dw of LCS has been reported received by dealers
during a Federal closure. This is approximately 9 percent of the
available quota. Thus, if catch rates in 2005 are similar to the
average catch rates from 2000 to 2004, 90 percent (81 percent + 9
percent) of the quota could be caught in 6 weeks, and 109 percent (100
percent + 9 percent) of the quota could be caught in 8 weeks.
Based on the average LCS catch rates for August in recent years for
the South Atlantic region, approximately 56 percent of the available
second trimester LCS quota would likely be taken in 6 weeks and 74
percent of the available LCS quota would likely be taken in 8 weeks.
Thus, if catch rates in 2005 are similar to the average catch rates
from 2000 to 2004, 65 percent (56 percent + 9 percent) of the quota
could be caught in 6 weeks, and 83 percent (74 percent + 9 percent) of
the quota could be caught in 8 weeks. Taking into account the average
of the two catch rates for 8 weeks (109 percent and 83 percent),
approximately 96 percent of the quota would likely be caught during
this period. Thus, in order for the second and third trimester seasons
to run consecutively without exceeding the quota during the second
trimester season, NMFS proposes to open the fishery in the South
Atlantic on July 1, 2005.
Based on the average July and August LCS catch rates combined in
recent years for the North Atlantic region, approximately 80.7 percent
of the available second trimester LCS quota (65.2 mt dw) would likely
be taken in 4 weeks and 104 percent of the available LCS quota would
likely be taken in 6 weeks. Dealer data also indicate that, on average,
approximately 9 mt dw of LCS has been reported received by dealers
during a Federal closure. This is approximately 14 percent of the
available quota. Thus, if catch rates in 2005 are similar to the
average catch rates from 2000 to 2004, 94.7 percent (80.7 + 14 percent)
of the quota could be caught in 4 weeks, and 118 percent (104 percent +
14 percent) in 6 weeks. Thus, allowing the fishery to stay open for 6
weeks could result in an overharvest.
Based on the average August LCS catch rates in recent years for the
North Atlantic region, approximately 46 percent of the available second
trimester LCS quota would likely be taken in 4 weeks and 70 percent of
the available LCS quota would likely be taken in 6 weeks. Thus, if
catch rates in 2005 are similar to the average catch rates from 2000 to
2004, 60 percent (46 percent + 14 percent) of the quota would likely be
caught by in 4 weeks, and 84 percent of the quota would likely be
caught in 6 weeks (70 percent + 14 percent). Taking into account the
average of the two catch rates for 6 weeks (118 percent and 74
percent), approximately 96 percent of the quota would likely be caught
during this period. Thus, in order for the second and third trimester
seasons to run consecutively without exceeding the quota during the
second trimester season, NMFS proposes to open the fishery in the North
Atlantic on July 15, 2005.
Proposed Fishing Season Notification for the Third Season
The third trimester fishing season of the 2005 fishing year for
LCS, SCS, pelagic sharks, blue sharks, and porbeagle sharks in all
regions in the northwestern Atlantic Ocean, including the Gulf of
Mexico and the Caribbean Sea, is proposed to open on September 1, 2005.
When quotas are projected to be reached for the SCS, pelagic, blue, or
porbeagle shark fisheries, the AA will file notification of closures at
the Office of the Federal Register at least 14 days before the
effective date, as consistent with 50 CFR 635.28(b)(2).
NMFS is proposing to close the third trimester season LCS fishery
in the North Atlantic on September 14, 2005, at 11:30 p.m. local time,
in the Gulf of Mexico on October 31, 2005, at 11:30 p.m. local time,
and in the South Atlantic on December 15, 2005, at 11:30 local time.
Since the LCS fishery has historically been closed during much of
the third trimester period, NMFS used average LCS catch rates from
August and September in recent years (2000-2004) to estimate the third
trimester season catch rates and closure dates for each of the regions.
NMFS used this precautionary approach of averaging catch rates from
August and September because of the potential for higher effort in
September than has been observed in the past, and to reduce the
likelihood of an overharvest. Using catch rates from August alone may
not be appropriate because catch rates during that month have been
higher historically than during September, and because it does not fall
within the third trimester season. However, using catch rates from
September alone may also not be appropriate because of the lack of data
during that month. Hence, NMFS used the average of the 2-month catch
rates.
In the Gulf of Mexico, approximately 79 percent of the available
third trimester LCS quota (167.8 mt dw) would likely be taken by the
end of October and 99 percent of the available LCS quota would likely
be taken by the second week of November. Dealer data also indicate
that, on average, approximately 6.5 mt dw of LCS has been reported
received by dealers after a Federal closure. This is approximately 4
percent of the available quota. Thus, if catch rates in 2005 are
similar to the average catch rates from 2001 to 2004, 82 percent (79
percent + 4 percent) of the quota could be caught by the end of
October. If the fishery were to remain open until the second week of
November, the quota would likely be exceeded (99 percent + 4 percent =
103 percent). Accordingly, NMFS is proposing to close the Gulf of
Mexico LCS fishery on October 31, 2005, at 11:30 p.m. local time.
In the South Atlantic, approximately 86 percent of the available
third trimester LCS quota (187.5 mt dw) would likely be taken by the
second week of December and 98 percent of the available LCS quota would
likely be taken by the end of December. Dealer data also indicate that,
on average, approximately 18 mt dw of LCS has been reported received by
dealers after a Federal closure. This is approximately 10 percent of
the available quota. Thus, if catch rates in 2005 are similar to the
average catch rates from 2001 to 2004, 96 percent (86 percent + 10
percent) of the quota could be caught by the second week of December.
If the fishery were to remain open until the end of December, the quota
would likely be exceeded (98 percent + 10 percent = 108 percent).
Accordingly, NMFS is proposing to close the South Atlantic LCS fishery
on December 15, 2005, at 11:30 p.m. local time.
In the North Atlantic, approximately 68 percent of the available
third trimester LCS quota (4.8 mt dw) would likely be taken by the
second week of
[[Page 11927]]
September and 135 percent of the available LCS quota would likely be
taken by the end of September. Dealer data also indicate that, on
average, approximately 7 mt dw of LCS has been reported received by
dealers after a Federal closure. This is approximately 151 percent of
the available quota. Thus, if catch rates in 2005 are similar to the
average catch rates from 2001 to 2004, 219 percent (68 percent + 151
percent) of the quota could be caught by the second week of September.
Accordingly, NMFS is proposing to close the North Atlantic LCS fishery
on September 15, 2005, at 11:30 p.m. local time.
Request for Comments
NMFS will hold one public hearing (see DATES and ADDRESSES) to
receive comments from fishery participants and other members of the
public regarding these proposed alternatives. These hearings will be
physically accessible to people with disabilities. Requests for sign
language interpretation or other auxiliary aids should be directed to
Chris Rilling at (301) 713-2347 at least 5 days prior to the hearing
date. For individuals unable to attend a hearing, NMFS also solicits
written comments on this proposed rule (see DATES and ADDRESSES).
Classification
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
impacts on a substantial number of small entities. This proposed rule
is published under the authority of the Magnuson-Stevens Act, 16 U.S.C.
1801 et seq. Consistent with 50 CFR 635.279(b)(1)(iii) and (iv), the
purpose of this action is to adjust the LCS and SCS trimester quotas
based on over- or underharvests from the 2004 fishing season, and to
announce the 2005 second and third trimester season opening and closing
dates. This proposed rule will not increase overall quotas, landings or
regional percentages for LCS or SCS, implement any new management
measures not previously considered, and is not expected to increase
fishing effort or protected species interactions.
This proposed rule would result in a net positive economic impact
for the South Atlantic and North Atlantic and a minimal negative
economic impact for the Gulf of Mexico. The 2003 average ex-vessel
price for LCS flesh was $0.79/lb, and the average ex-vessel price for
SCS flesh was $0.53/lb dw. Although shark fins command a higher price
($19.86/lb dw), they represent only a small proportion of the total
landings. The Gulf of Mexico experienced a net overharvest of 56.6 mt
dw ( -$98,576, excluding fins) of LCS during the two 2004 semi-annual
seasons and a net underharvest of 30.8 mt dw ( +$35,987) of SCS during
the 2004 seasons. Thus, the net economic impact to the Gulf of Mexico
is approximately -$62,589. This represents a small fraction of the
overall gross revenue for the fishery ($4.5 million in 2003) and does
not represent a significant negative economic impact. For the South
Atlantic and the North Atlantic, which both experienced net
underharvests of 85.9 mt dw and 5.15 mt dw for LCS, respectively, and
299.7 mt dw and 43.5 mt dw for SCS, respectively, during 2004, the net
economic impact would be positive. For the South Atlantic, if the
entire quota is caught, this could result in a net economic benefit of
approximately $499,786 ($149,606 for LCS, excluding fins + $350,180 for
SCS). For the North Atlantic, if the entire quota is caught, this could
result in net economic benefit of approximately $59,115 ($8,288 for
LCS, excluding fins + $50,827 for SCS).
This rule is expected to impact 253 directed commercial shark
permit holders, 358 incidental commercial shark permit holders, and 267
commercial shark dealers, all of which are considered small entities
according to the Small Business Administration's standard for defining
a small entity (5 U.S.C. 603(b)(3)).
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
NMFS has determined preliminarily that these regulations would be
implemented in a manner consistent to the maximum extent practicable
with the enforceable policies of those coastal states on the Atlantic
including the Gulf of Mexico and Caribbean that have approved coastal
zone management programs. Letters have been sent to the relevant states
asking for their concurrence.
Dated: March 4, 2005.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 05-4743 Filed 3-7-05; 2:32 pm]
BILLING CODE 3510-22-S
