Atlantic Highly Migratory Species; Atlantic Commercial Shark Management Measures, 72080-72082 [05-23532]

Download as PDF 72080 Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Rules and Regulations Community No. State/Location Region VII Missouri: Cole County, Unincorporated Areas ..... 290107 Jefferson, City of, Cole County ............. 290108 Nebraska: Bellevue, City of, Sarpy County ............ 310191 Bennington, City of, Douglas County .... 310074 Douglas County, Unincorporated Areas 310073 Elkhorn, City of, Douglas County .......... 310075 La Vista, City of, Sarpy County ............. 310192 Omaha, City of, Douglas County .......... 315274 Papillion, City of, Sarpy County ............ 315275 Ralston, City of, Douglas County .......... 310077 Sarpy County, Unincorporated Areas ... 310190 Valley, City of, Douglas County ............ 310078 Date certain Federal assistance no longer available in SFHAs Effective date authorization/cancellation of sale of flood insurance in community Current effective map date January 21, 1982, Emerg; January 21, 1982, Reg; December 2, 2005, Susp. April 23, 1971, Emerg; April 15, 1980, Reg; December 2, 2005, Susp. ......do ............... Do. ......do ............... Do. April 13, 1973, Emerg; January 16, 1980, Reg; December 2, 2005, Susp. July 10, 1975, Emerg; December 4, 1979, Reg; December 2, 2005, Susp. November 15, 1974, Emerg; January 16, 1981, Reg; December 2, 2005, Susp. March 31, 1975, Emerg; August 15, 1979, Reg; December 2, 2005, Susp. April 23, 1974, Emerg; January 16, 1980, Reg; December 2, 2005, Susp. November 6, 1970, Emerg; May 7, 1971, Reg; December 2, 2005, Susp. July 2, 1971, Emerg; August 18, 1972, Reg; December 2, 2005, Susp. August 19, 1975, Emerg; May 15, 1980, Reg; December 2, 2005, Susp. February 23, 1973, Emerg; January 16, 1981, Reg; December 2, 2005, Susp. May 1, 1975, Emerg; March 18, 1980, Reg; December 2, 2005, Susp. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. *......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 http://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 http://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