Atlantic Highly Migratory Species; Atlantic Commercial Shark Management Measures, 72080-72082 [05-23532]
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Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Rules and Regulations
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Reg; December 2, 2005, Susp.
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Reg; December 2, 2005, Susp.
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1981, Reg; December 2, 2005, Susp.
May 1, 1975, Emerg; March 18, 1980, Reg;
December 2, 2005, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
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Do.
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......do ...............
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*......do = Ditto.
Code for reading third column: Emerg.-Emergency; Reg.-Regular; Susp.-Suspension.
Dated: November 23, 2005.
Michael K. Buckley,
Deputy Director, Mitigation Division, Federal
Emergency Management Agency.
[FR Doc. 05–23528 Filed 11–30–05; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 050927248-5310-02; I.D.
090805C]
RIN 0648–AT74
Atlantic Highly Migratory Species;
Atlantic Commercial Shark
Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; fishing season
notification.
AGENCY:
VerDate Aug<31>2005
14:18 Nov 30, 2005
Jkt 208001
SUMMARY: This rule establishes the 2006
first trimester season quotas for large
coastal sharks (LCS) and small coastal
sharks (SCS) based on over- and
underharvests from the 2005 first
trimester season. In addition, this rule
establishes 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. This action is necessary to
ensure that the landings quotas in the
Atlantic commercial shark fishery
represent the latest landings data.
DATES: This rule is effective January 1,
2006. The Atlantic commercial shark
fishing season opening and closing
dates and quotas for the 2006 first
trimester season by region are provided
in Table 1 under Supplementary
Information.
FOR FURTHER INFORMATION CONTACT:
Chris Rilling or Karyl Brewster-Geisz by
phone: 301–713–2347 or by fax: 301–
713–1917.
For copies of this rule, write
to Highly Migratory Species
Management Division, 1315 East-West
Highway, Silver Spring, MD 20910.
Copies are also available on the internet
at https://www.nmfs.noaa.gov/sfa/hms.
Opening and Closing Dates and Quotas
ADDRESSES:
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
The
Atlantic shark fishery is managed under
the authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act). The
Fishery Management Plan (FMP) for
Atlantic Tunas, Swordfish, and Sharks,
finalized in 1999, and Amendment 1 to
the FMP for Atlantic Tunas, Swordfish,
and Sharks (Amendment 1), finalized in
2003, are implemented by regulations at
50 CFR part 635. Information regarding
the rules establishing the regional
quotas and the procedures for
calculating the quotas was provided in
the proposed rule (October 6, 2005; 70
FR 58366) and is not repeated here.
SUPPLEMENTARY INFORMATION:
The final opening and closing dates
and quotas for the 2006 first trimester
season by region are provided in Table
1.
E:\FR\FM\01DER1.SGM
01DER1
Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Rules and Regulations
72081
TABLE 1.—FINAL OPENING AND CLOSING DATES AND QUOTAS
Species Group
Region
Large Coastal Sharks
Opening Date
Closure Date
April 15, 2006
11:30 p.m. local time
South Atlantic
North Atlantic
Small Coastal Sharks
141.3 mt dw
(311,510 lb dw)
April 30, 2006
11:30 p.m. local time
January 1, 2006
222.8 mt dw
(491,185 lb dw)
March 15, 2006
11:30 p.m. local time
Gulf of Mexico
Quota
5.3 mt dw
(11,684 lb dw)
Gulf of Mexico
South Atlantic
14.8 mt dw
(32,628 lb dw)
January 1, 2006
To be determined, as
necessary
284.6 mt dw
(627,429 lb dw)
North Atlantic
No regional quotas
Blue sharks
18.7 mt dw
(41,226 lb dw)
91 mt dw
(200,619 lb dw)
Porbeagle sharks
January 1, 2006
To be determined, as
necessary
Pelagic sharks other than blue or porbeagle
Response to Comments
Comments on the October 6, 2005,
proposed rule (70 FR 58366) received
during the public comment period are
summarized below, together with
NMFS’ responses.
Comment 1: NMFS should stop all
commercial shark fishing and should
not use catch data from the commercial
shark fishing industry to establish
population numbers.
Response: NMFS established a
rebuilding plan for LCS in 2003 to stop
overfishing and address the overfished
status of the LCS complex, thus
ensuring a sustainable harvest of LCS
consistent with the Magnuson-Stevens
Act. SCS, other than finetooth sharks,
and pelagic sharks are not overfished
and overfishing is not occurring.
Finetooth shark overfishing is being
addressed in the Draft Consolidated
HMS FMP. NMFS relies on a number of
both fishery dependent and
independent data sources, including
landings information from fishermen
and dealers, in conducting stock
assessments and establishing
commercial quotas. NMFS does not
believe that stopping all commercial
shark fishing is warranted. Thus,
stopping all commercial fishing could,
needlessly, force out of business a
number of businesses, including
fishermen, processors, suppliers, and
dealers and could, again needlessly,
adversely affect a number of
communities, including recreational
fishing communities, would be
VerDate Aug<31>2005
14:18 Nov 30, 2005
Jkt 208001
30.7 mt dw
(67,681 lb dw)
162.7 mt dw
(358,688 lb dw)
adversely affected. The MagnusonStevens Act requires that NMFS
maximize the economic benefit of all
fishery resources. This includes the
harvest of Atlantic sharks, for which
there has been a management plan in
place since the early 1990’s.
Comment 2: NMFS should reduce
shark harvests until the fishery has
stabilized.
Response: The current rebuilding plan
implemented in 2003, reduced the LCS
quotas to 1,017 mt dw, thus ensuring a
sustainable fishery and viability of
Atlantic shark populations in
compliance with the requirements of the
Magnuson-Stevens Act and other
domestic laws. NMFS believes that the
current harvest levels are appropriate
and is currently conducting a stock
assessment for LCS. If necessary, NMFS
will adjust the LCS quota based on the
results of the stock assessment and any
other relevant information.
Changes From the October 6, 2005,
Proposed Rule (70 FR 58366)
NMFS is not implementing any
changes to the proposed rule. The
provisions published in the proposed
rule are adopted as final.
Classification
This temporary rule is published
under the authority of the MagnusonStevens Act, 16 U.S.C. 1801 et seq. The
Chief Counsel for Regulation at the
Department of Commerce certified to
the Chief Counsel for Advocacy at the
Small Business Administration that this
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
action would not have a significant
economic impact on a substantial
number of small entities.
The factual basis for this certification
was published in the October 16, 2005,
proposed rule (70 FR 58366). No
comments were received regarding the
economic impact of this rule, and no
changes to the certification were made.
As a result, no Final Regulatory
Flexibility Act analysis was prepared.
This final 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 final rule has been determined to
be not significant for purposes of
Executive Order 12866.
NMFS determined that this rule will
be implemented in a manner that is
consistent, to the maximum extent
practicable, with the enforceable
policies of the approved coastal zone
management (CZM) programs of coastal
states in the Atlantic, Gulf of Mexico,
and Caribbean. NMFS asked for states’
concurrence with this determination
during the proposed rule stage. Florida,
Mississippi, Rhode Island, New
Hampshire, Massachusetts, North
Carolina, and Pennsylvania replied
affirmatively regarding the consistency
determination, and one state (Texas)
indicated that its CZM program no
longer issues consistency
determinations for federally managed
E:\FR\FM\01DER1.SGM
01DER1
72082
Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Rules and Regulations
fishing activities. NMFS presumes that
the remaining states that have not yet
responded concur with the
determination.
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.
1801 et seq.
Dated: November 28, 2005.
William T. Hogarth,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. 05–23532 Filed 11–30–05; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 050112008–5102–02; I.D.
112505B]
Fisheries of the Northeastern United
States; Atlantic Herring Fishery; Total
Allowable Catch Harvested for
Management Area 1A
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
SUMMARY: NMFS announces that 95
percent of the Atlantic herring total
allowable catch (TAC) allocated to
Management Area 1A (Area 1A) for
2005 is projected to be harvested by
December 2, 2005. Therefore, effective
0001 hours, December 2, 2005, federally
permitted vessels may not fish for,
catch, possess, transfer or land more
than 2,000 lb (907.2 kg) of Atlantic
herring in or from Area 1A per trip or
calendar day until January 1, 2006,
when the 2006 TAC becomes available,
VerDate Aug<31>2005
14:18 Nov 30, 2005
Jkt 208001
except for transiting purposes as
described in this document. Regulations
governing the Atlantic herring fishery
require publication of this notification
to advise vessel and dealer permit
holders that no TAC is available for the
directed fishery for Atlantic herring
harvested from Area 1A.
DATES: Effective 0001 hrs local time,
December 2, 2005, through 2400 hrs
local time, December 31, 2005.
FOR FURTHER INFORMATION CONTACT: Don
Frei, Fisheries Management Specialist,
at (978) 281–9221.
SUPPLEMENTARY INFORMATION:
Regulations governing the Atlantic
herring fishery are found at 50 CFR part
648. The regulations require annual
specification of optimum yield,
domestic and foreign fishing, domestic
and joint venture processing, and
management area TACs. The 2005 TAC
allocated to Area 1A (70 FR 21971,
April 28, 2005) is 60,000 mt
(132,277,621 lb).
The regulations at 50 CFR 648.202
require the Administrator, Northeast
Region, NMFS (Regional Administrator)
to monitor the Atlantic herring fishery
in each of the four management areas
designated in the Fishery Management
Plan for the Atlantic Herring Fishery
and, based upon dealer reports, state
data, and other available information, to
determine when the harvest of Atlantic
herring is projected to reach 95 percent
of the TAC allocated. When such a
determination is made, NMFS is
required to publish notification in the
Federal Register of this determination.
Effective upon a specific date, NMFS
must notify vessel and dealer permit
holders that, vessels are prohibited from
fishing for, catching, possessing,
transferring or landing more than 2,000
lb (907.2 kg) of herring per trip or
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
calendar day in or from the specified
management area for the remainder of
the closure period. Transiting of Area
1A is allowed under the conditions
specified below.
The Regional Administrator has
determined, based upon dealer reports
and other available information, that 95
percent of the total Atlantic herring TAC
allocated to Area 1A for the 2005 fishing
year is projected to be harvested by
December 2, 2005. Therefore, effective
0001 hrs local time, December 2, 2005,
federally permitted vessels may not fish
for, catch, possess, transfer or land more
than 2,000 lb (907.2 kg) of Atlantic
herring in or from Area 1A per trip or
calendar day through December 31,
2005; except a vessel may transit, or
land herring in Area 1A with more than
2,000 lb (907.2 kg) of herring on board,
provided such herring were not caught
in Area 1A, and provided all fishing
gear is stowed and not available for
immediate use as required by
§ 648.23(b). Effective December 2, 2005,
federally permitted dealers are also
advised that they may not purchase
Atlantic herring from federally
permitted Atlantic herring vessels that
harvest more than 2,000 lb (907.2 kg) of
Atlantic herring from Area 1A through
December 31, 2005, 2400 hrs local time.
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 25, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 05–23534 Filed 11–28–05; 1:55 pm]
BILLING CODE 3510–22–S
E:\FR\FM\01DER1.SGM
01DER1
]]>Agencies
[Federal Register Volume 70, Number 230 (Thursday, December 1, 2005)]
[Rules and Regulations]
[Pages 72080-72082]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23532]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 050927248-5310-02; I.D. 090805C]
RIN 0648-AT74
Atlantic Highly Migratory Species; Atlantic Commercial Shark
Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; fishing season notification.
-----------------------------------------------------------------------
SUMMARY: This rule establishes the 2006 first trimester season quotas
for large coastal sharks (LCS) and small coastal sharks (SCS) based on
over- and underharvests from the 2005 first trimester season. In
addition, this rule establishes 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. This action is necessary to ensure that the landings quotas in
the Atlantic commercial shark fishery represent the latest landings
data.
DATES: This rule is effective January 1, 2006. The Atlantic commercial
shark fishing season opening and closing dates and quotas for the 2006
first trimester season by region are provided in Table 1 under
Supplementary Information.
ADDRESSES: For copies of this rule, write to Highly Migratory Species
Management Division, 1315 East-West Highway, Silver Spring, MD 20910.
Copies are also available on the internet at https://www.nmfs.noaa.gov/
sfa/hms.
FOR FURTHER INFORMATION CONTACT: Chris Rilling or Karyl Brewster-Geisz
by phone: 301-713-2347 or by fax: 301-713-1917.
SUPPLEMENTARY INFORMATION: The Atlantic shark fishery is managed under
the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act). The Fishery Management Plan
(FMP) for Atlantic Tunas, Swordfish, and Sharks, finalized in 1999, and
Amendment 1 to the FMP for Atlantic Tunas, Swordfish, and Sharks
(Amendment 1), finalized in 2003, are implemented by regulations at 50
CFR part 635. Information regarding the rules establishing the regional
quotas and the procedures for calculating the quotas was provided in
the proposed rule (October 6, 2005; 70 FR 58366) and is not repeated
here.
Opening and Closing Dates and Quotas
The final opening and closing dates and quotas for the 2006 first
trimester season by region are provided in Table 1.
[[Page 72081]]
Table 1.--Final Opening and Closing Dates and Quotas
------------------------------------------------------------------------
Opening Closure
Species Group Region Date Date Quota
------------------------------------------------------------------------
Large Coastal Sharks Gulf of ........ April 15, 222.8 mt
Mexico 2006 dw
11:30 p.m. (491,185
local lb dw)
time
---------- -----------------------
South January March 15, 141.3 mt
Atlanti 1, 2006 2006 dw
c 11:30 p.m. (311,510
local lb dw)
time
---------- -----------------------
North ........ April 30, 5.3 mt dw
Atlanti 2006 (11,684 lb
c 11:30 p.m. dw)
local
time
------------------------------------------------------------------------
Small Coastal Sharks Gulf of ........ .......... 14.8 mt dw
Mexico (32,628 lb
dw)
---------- -----------
South January To be 284.6 mt
Atlanti 1, 2006 determine dw
c d, as (627,429
necessary lb dw)
---------- -----------
North ........ .......... 18.7 mt dw
Atlanti (41,226 lb
c dw)
------------------------------------------------------------------------
Blue sharks No ........ .......... 91 mt dw
regiona (200,619
l lb dw)
quotas
----------------------------- -----------
Porbeagle sharks ........ January To be 30.7 mt dw
1, 2006 determine (67,681 lb
d, as dw)
necessary
----------------------------- -----------
Pelagic sharks other than ........ ........ .......... 162.7 mt
blue or porbeagle dw
(358,688
lb dw)
------------------------------------------------------------------------
Response to Comments
Comments on the October 6, 2005, proposed rule (70 FR 58366)
received during the public comment period are summarized below,
together with NMFS' responses.
Comment 1: NMFS should stop all commercial shark fishing and should
not use catch data from the commercial shark fishing industry to
establish population numbers.
Response: NMFS established a rebuilding plan for LCS in 2003 to
stop overfishing and address the overfished status of the LCS complex,
thus ensuring a sustainable harvest of LCS consistent with the
Magnuson-Stevens Act. SCS, other than finetooth sharks, and pelagic
sharks are not overfished and overfishing is not occurring. Finetooth
shark overfishing is being addressed in the Draft Consolidated HMS FMP.
NMFS relies on a number of both fishery dependent and independent data
sources, including landings information from fishermen and dealers, in
conducting stock assessments and establishing commercial quotas. NMFS
does not believe that stopping all commercial shark fishing is
warranted. Thus, stopping all commercial fishing could, needlessly,
force out of business a number of businesses, including fishermen,
processors, suppliers, and dealers and could, again needlessly,
adversely affect a number of communities, including recreational
fishing communities, would be adversely affected. The Magnuson-Stevens
Act requires that NMFS maximize the economic benefit of all fishery
resources. This includes the harvest of Atlantic sharks, for which
there has been a management plan in place since the early 1990's.
Comment 2: NMFS should reduce shark harvests until the fishery has
stabilized.
Response: The current rebuilding plan implemented in 2003, reduced
the LCS quotas to 1,017 mt dw, thus ensuring a sustainable fishery and
viability of Atlantic shark populations in compliance with the
requirements of the Magnuson-Stevens Act and other domestic laws. NMFS
believes that the current harvest levels are appropriate and is
currently conducting a stock assessment for LCS. If necessary, NMFS
will adjust the LCS quota based on the results of the stock assessment
and any other relevant information.
Changes From the October 6, 2005, Proposed Rule (70 FR 58366)
NMFS is not implementing any changes to the proposed rule. The
provisions published in the proposed rule are adopted as final.
Classification
This temporary rule is published under the authority of the
Magnuson-Stevens Act, 16 U.S.C. 1801 et seq. 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 impact on a substantial number of
small entities.
The factual basis for this certification was published in the
October 16, 2005, proposed rule (70 FR 58366). No comments were
received regarding the economic impact of this rule, and no changes to
the certification were made. As a result, no Final Regulatory
Flexibility Act analysis was prepared. This final 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 final rule has been determined to be not significant for
purposes of Executive Order 12866.
NMFS determined that this rule will be implemented in a manner that
is consistent, to the maximum extent practicable, with the enforceable
policies of the approved coastal zone management (CZM) programs of
coastal states in the Atlantic, Gulf of Mexico, and Caribbean. NMFS
asked for states' concurrence with this determination during the
proposed rule stage. Florida, Mississippi, Rhode Island, New Hampshire,
Massachusetts, North Carolina, and Pennsylvania replied affirmatively
regarding the consistency determination, and one state (Texas)
indicated that its CZM program no longer issues consistency
determinations for federally managed
[[Page 72082]]
fishing activities. NMFS presumes that the remaining states that have
not yet responded concur with the determination.
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
Dated: November 28, 2005.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 05-23532 Filed 11-30-05; 8:45 am]
BILLING CODE 3510-22-S
