Atlantic Highly Migratory Species; Atlantic Commercial Shark Management Measures, 8557-8562 [06-1505]
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Federal Register / Vol. 71, No. 33 / Friday, February 17, 2006 / Proposed Rules
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withhold their home address from the
rulemaking record, which we will honor
to the extent allowable by law. There
also may be circumstances in which we
would withhold from the rulemaking
record a respondent’s identity, as
allowable by law. If you wish us to
withhold your name or address, you
must state this prominently at the
beginning of your comment. However,
we will not consider anonymous
comments. We will make all
submissions from organizations or
businesses, and from individuals
identifying themselves as
representatives or officials of
organizations or businesses, available
for public inspection in their entirety.
Comments and other information
received, as well as supporting
information used to write the proposed
rule, will be available for public
inspection, by appointment, during
normal business hours at the Colorado
Field Office (see ADDRESSES section). In
making a final decision on the proposal,
we will take into consideration the
comments and any additional
information we receive. Such
communications may lead to a final
regulation that differs from the proposal.
Background
The Preble’s meadow jumping mouse
(Zapus hudsonius preblei) was listed as
a threatened species on May 13, 1998
(63 FR 26517). At that time, Z. h. preblei
was classified as a subspecies of the
meadow jumping mouse based on a
study by Krutzsch (1954). On February
2, 2005, the Service proposed to delist
or remove Z. h. preblei from the List of
Endangered and Threatened Animals
(70 FR 5404). This proposal was based
on an unpublished report (Ramey et al.
2004a) that suggested Z. h. preblei
should be considered the same
subspecies as the Bear Lodge meadow
jumping mouse (Z. h. campestris). In the
spring of 2005, we sought and received
three expert peer reviews of this
proposal in accordance with our 1994
Interagency Policy for Peer Review in
Endangered Species Act Activities (59
FR 34270, July 1, 1994). As noted in our
February 2, 2005, Federal Register
notice proposing delisting of the
Preble’s meadow jumping mouse (70 FR
5404), we were expecting additional
genetics information (including nuclear
DNA results) within the next year that
would provide additional information
on meadow jumping mouse taxonomy.
In December 2004, Ramey et al.
(2004b) released a revised version of
their report that suggested further
synonymization. Specifically, the
authors suggested synonymizing Z. h.
preblei, Z. h. campestris, and Z. h.
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19:25 Feb 16, 2006
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intermedius. This unpublished report
was not considered in the February 2,
2005, proposal to delist Z. h. preblei
from the List of Endangered and
Threatened Animals because it had not
been peer-reviewed at that time. In the
spring of 2005, the Service sought and
obtained peer review of this report.
In August 2005, a manuscript,
authored by Rob Roy Ramey II, HsiuPing Liu, Clinton W. Epps, Lance M.
Carpenter, and John D. Wehausen, titled
‘‘Genetic relatedness of the Preble’s
meadow jumping mouse (Z. h. preblei)
to nearby subspecies of Z. hudsonius as
inferred from variation in cranial
morphology, mitochondrial DNA, and
microsatellite DNA: implications for
taxonomy and conservation’’ was
published in the journal Animal
Conservation (Ramey et al. 2005). As
indicated in the title, this version of
Ramey et al. included microsatellite
information.
In January 2006, we received a final
report analyzing the mitochondrial DNA
and microsatellite DNA of five Z.
hudsonius subspecies including—Z. h.
preblei, Z. h. campestris, Z. h.
intermedius, Z. h. pallidus, and Z. h.
luteus (King et al. 2006). The King et al.
(2006) report, which constitutes further
testing of the conclusions of Ramey et
al. (2003, 2004a, 2004b, 2005), has been
peer-reviewed in accordance with U.S.
Geological Survey methods as described
in the Leetown Science Center Research
Documentation Manual (U.S. Geological
Survey 2003) but is unpublished.
All of the documents described above
are available on-line at https://mountainprairie.fws.gov/preble/. We are
reopening the public comment period
on the delisting proposal to allow the
public to consider and comment on the
above documents.
The two studies differ in sampling
regime, sources of tissues chosen for
analysis, number of molecular
characters sequenced and microsatellite
fragments surveyed, statistical tests
applied, method used to portray
genealogical relationships, and the
criteria used to determine uniqueness.
The different conclusions in the two
studies suggest there is scientific
disagreement regarding the application
of the available data relevant to the
proposed action (70 FR 5404, February
2, 2005) and, thus, we extend for not
more than six months this rulemaking
process as allowed by Section
4(b)(6)(B)(i) of the ESA. We will use the
6-month extension to assemble a panel
of experts to carefully review and assess
the two studies which represent the best
available information on the genetics,
morphology, and ecology of the species.
The Service will make a final decision
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based on the best scientific and
commercial information available,
including but not limited to the expert
panelists’ judgments.
Author
The primary authors of this notice are
the Colorado Field Office staff (see
ADDRESSES section).
Authority: The authority for this action is
the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
Dated: February 5, 2006.
H. Dale Hall,
Director, U.S. Fish and Wildlife Service.
[FR Doc. E6–2286 Filed 2–16–06; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 060131019–6019–01; I.D.
012006B]
RIN 0648–AU17
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 2006 second and third
trimester season quotas for large coastal
sharks (LCS) and small coastal sharks
(SCS) based on over- or underharvests
from the 2005 second and third
trimester seasons. In addition, this rule
proposes the opening and closing dates
for the LCS fishery based on
adjustments to the trimester quotas. The
intended effect of these proposed
actions is to provide advance notice of
quotas and season dates for the Atlantic
commercial shark fishery.
DATES: Written comments must be
received by March 6, 2006.
ADDRESSES: Written comments on the
proposed rule may be submitted to
Chris Rilling, Highly Migratory Species
Management Division via:
• E-mail: 012006B@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.
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Federal Register / Vol. 71, No. 33 / Friday, February 17, 2006 / Proposed Rules
• Federal e-Rulemaking portal: https://
www.regulations.gov. Include in the
subject line the following identifier: I.D.
012006B.
phone: 301–713–2347 or by fax: 301–
713–1917.
Proposed Opening and Closing Dates
and Quotas
SUPPLEMENTARY INFORMATION:
Proposed opening and closing dates
and quotas for the 2006 second and
third trimester seasons by region are
provided in Table 1.
FOR FURTHER INFORMATION CONTACT:
Chris Rilling or Karyl Brewster-Geisz by
TABLE 1—PROPOSED OPENING AND CLOSING DATES AND QUOTAS
Second Trimester Season
Species Group
Region
Quota
July 6, 2006
July 31, 2006
11:30 p.m. local time
201.1 mt dw
(443,345 lb dw)
South Atlantic
August 16, 2006
11:30 p.m. local time
151.7 mt dw
(334,438 lb dw)
North Atlantic
Small Coastal Sharks
Closure Date
Gulf of Mexico
Large Coastal Sharks
Opening Date
August 6, 2006
11:30 p.m. local time
66.3 mt dw
(146,165 lb dw)
To be determined, as
necessary
38.9 mt dw
(85,759 lb dw)
Gulf of Mexico
May 1, 2006
South Atlantic
North Atlantic
Blue sharks
333.5 mt dw
(735,234 lb dw)
24.2 mt dw
(53,351 lb dw)
No regional quotas
May 1, 2006
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
Species Group
Region
Closure Date
Quota
Gulf of Mexico
Large Coastal Sharks
Opening Date
September 1, 2006
November 15, 2006
11:30 p.m. local time
226.6 mt dw
(499,562 lb dw)
October 3, 2006
11:30 p.m. local time
56.2 mt dw
(123,899 lb dw)
To be determined, as
necessary
30.8 mt dw
(67,902 lb dw)
South Atlantic
North Atlantic
Gulf of Mexico
Small Coastal Sharks
CLOSED1
September 1, 2006
South Atlantic
North Atlantic
Blue sharks
263.7 mt dw
(581,353 lb dw)
28.2 mt dw
(62,170 lb dw)
No regional quotas
September 1, 2006
To be determined, as
necessary
91 mt dw
(200,619 lb dw)
30.7 mt dw
(67,681 lb dw)
Pelagic sharks other than blue or porbeagle
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Porbeagle sharks
162.7 mt dw
(358,688 lb dw)
1Since opening the LCS fishery in the North Atlantic for even one week could result in an overharvest, NMFS proposes to keep the North Atlantic LCS fishery closed during the third trimester season.
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Background
The Atlantic shark fishery is managed
under the authority of the MagnusonStevens 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.
On December 24, 2003, NMFS
published a final rule (68 FR 74746) for
Amendment 1 that established, among
other things, an annual landings quota
of 1,017 metric tons (mt) dressed weight
(dw) for LCS, and an annual landings
quota of 454 mt dw for SCS. 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
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, among other things, adjusted the
regional quotas for LCS and SCS based
on updated landings information,
divided the quotas among the three
trimester seasons, and implemented a
new process for notifying participants of
season opening and closing dates and
quotas.
Consistent with 50 CFR
635.27(b)(1)(iii), as adjusted by the 2004
final rule, the annual LCS quota (1,017
mt dw) is split 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 annual SCS quota (454 mt
dw) is split among the three regions as
follows: 10 percent to the Gulf of
Mexico, 87 percent to the South
Atlantic, and 3 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 of 4, 88,
and 8 percent for LCS, and 1, 9, and 90
percent for SCS in the first, second, and
third trimester seasons, respectively, in
the North Atlantic.
Consistent with 50 CFR
635.27(b)(1)(vi), any over- or
underharvest in a given region from the
2005 second and third trimester seasons
will be carried over to the 2006 second
and third trimester seasons. This action
would not change the 2006 base
landings quota or the 2006 regional
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quotas established in the November 30,
2004, final rule.
In addition, the November 30, 2004,
final rule established a process for
issuing proposed and final rules to
notify interested parties of season
lengths and quotas and to facilitate
public comment.
Annual Landings Quotas
Any of the proposed quotas may
change depending on any updates to the
reported landings from the 2005 second
and third trimester seasons. 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 lb dw) for LCS and 454 mt
dw (1,000,888.4 lb dw) for SCS. The
2005 quota levels for pelagic, blue, and
porbeagle sharks are 488 mt dw
(1,075,844.8 lb dw), 273 mt dw
(601,855.8 lb dw), and 92 mt dw
(202,823.2 lb dw), respectively. This
rule does not propose to change any of
these overall base landings quotas.
As of January 13, 2006, the overall
2005 second trimester season quotas for
LCS and SCS had not been exceeded.
Reported landings of LCS were at 89
percent of the LCS quota (353.5 mt dw
out of a 395.2 mt dw quota), and SCS
landings were at 26 percent (86.1 mt dw
out of a 334.8 mt dw quota) of the
overall SCS quota. The Gulf of Mexico,
South Atlantic, and North Atlantic
regions experienced underharvests of 17
percent (24.6 mt dw), 7 percent (12.8 mt
dw), and 6 percent (3.9 mt dw) of their
regional LCS quotas, respectively. The
Gulf of Mexico, South Atlantic, and
North Atlantic experienced
underharvests of 78 percent (23.8 mt
dw), 72 percent (199.7 mt dw), and 100
percent (23 mt dw) of their regional SCS
quotas, respectively.
As of January 13, 2006, the overall
2005 third trimester season quota for
LCS, but not SCS, had been exceeded.
Reported landings of LCS were at 110
percent of the LCS quota (396.0 mt dw
out of a 361.0 mt dw quota), and SCS
landings were at 34 percent (85.1 mt dw
out of a 249.0 mt dw quota) of the
overall SCS quota. The South Atlantic
and North Atlantic regions experienced
overharvests of 44 percent (82.7 mt dw)
and 48 percent (2.4 mt dw) of their
regional LCS quotas, respectively, and
the Gulf of Mexico experienced an
underharvest of 30 percent (50.5 mt
dw). The Gulf of Mexico, South
Atlantic, and North Atlantic
experienced underharvests of 49 percent
(15.7 mt dw), 66 percent (132.2 mt dw),
and 100 percent (16 mt dw) of their
regional SCS quotas, respectively. As
described below, the regional quotas
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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)(A)(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)(A)(3), the SCS 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 in each of the
regions, 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.
Gulf of Mexico Regional Landings
Quotas
In 2005, preliminary data indicate
that for LCS, the Gulf of Mexico had an
underharvest of 25 mt dw in the second
trimester season, and an underharvest of
50.5 mt dw in the third trimester season.
As a result, the Gulf of Mexico LCS
quota for the 2006 second trimester
season is proposed to be 201.1 mt dw
(1,017x0.52x0.333+25), and the quota
for the 2006 third trimester season is
proposed as 226.6 mt dw
(1,017x0.52x0.333+50.5).
In 2005, preliminary data indicate
that for SCS, the Gulf of Mexico had an
underharvest of 23.8 mt dw in the
second trimester season, and an
underharvest of 15.7 mt dw in the third
trimester season. As a result, the Gulf of
Mexico SCS quota for the 2006 second
trimester season is proposed to be 38.9
mt dw (454x0.10x0.333+23.8), and the
quota for the 2006 third trimester season
is proposed as 30.8 mt dw
(454x0.10x0.333+15.7).
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South Atlantic Regional Landings
Quotas
In 2005, preliminary data indicate
that for LCS, the South Atlantic had an
underharvest of 12.8 mt dw in the
second trimester season, and an
overharvest of 82.7 mt dw in the third
trimester season. As a result, the South
Atlantic LCS quota for the 2006 second
trimester season is proposed to be 151.7
mt dw (1,017x0.41x0.333+12.8), and the
quota for the 2006 third trimester season
is proposed as 56.2 mt dw
(1,017x0.41x0.333–82.7).
In 2005, preliminary data indicate
that for SCS, the South Atlantic had an
underharvest of 202 mt dw in the
second trimester season, and an
underharvest of 132.2 mt dw in the
third trimester season. As a result, the
South Atlantic SCS quota for the 2006
second trimester season is proposed to
be 333.5 mt dw (454x0.87x0.333+202),
and the quota for the 2006 third
trimester season is proposed to be 263.7
mt dw (454x0.87x0.333+132.2).
North Atlantic Regional Landings
Quotas
In 2005, preliminary data indicate
that for LCS, the North Atlantic had an
underharvest of 3.7 mt dw in the second
trimester season, and an overharvest of
2.4 mt dw in the third trimester season.
As a result, the North Atlantic LCS
quota for the 2006 second trimester
season is proposed to be 66.3 mt dw
(1,017x0.07x0.88+3.7), and the quota for
the 2006 third trimester season is
proposed as 3.3 mt dw
(1,017x0.07x0.08–2.4).
In 2005, preliminary data indicate
that for SCS, the North Atlantic had an
underharvest of 23 mt dw in the second
trimester season, and an underharvest of
16 mt dw in the third trimester season.
As a result, the North Atlantic SCS
quota for the 2006 second trimester
season is proposed to be 24.2 mt dw
(454x0.03x0.09+23), and the quota for
the 2006 third trimester season is
proposed as 28.2 mt dw
(454x0.03x0.90+16).
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Pelagic Shark Quotas
The 2005 annual quotas for pelagic,
blue, and porbeagle sharks are 488 mt
dw (1,075,845 lb dw), 273 mt dw
(601,856 lb dw), and 92 mt dw (202,823
lb dw), respectively. These are the same
quotas that were established in the HMS
FMP. As of January 13, 2006,
approximately 84.8 mt dw had been
reported landed in the second 2005
second trimester season, and 22.6 mt dw
in the third trimester season in total for
pelagic, blue, and porbeagle sharks
combined. Thus, the pelagic shark quota
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does not need to be reduced consistent
with the current regulations 50 CFR
635.27(b)(1)(vi). The 2006 second and
third trimester season quotas for pelagic,
blue, and porbeagle sharks are proposed
for each season to be 162.7 mt dw
(358,688 lb dw), 91 mt dw (200,619 lb
dw), and 30.7 mt dw (67,681 lb dw),
respectively.
Proposed Fishing Season Notification
for the Second Season
The second trimester fishing season of
the 2006 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, 2006. 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 Federal Register at least 14
days before the effective date, consistent
with 50 CFR 635.28(b)(2).
The second trimester fishing season of
the 2006 fishing year for LCS is
proposed to open on July 6, 2006, in the
Gulf of Mexico, South Atlantic, and
North Atlantic regions. NMFS is
proposing to close the second trimester
season LCS fishery in the Gulf of
Mexico on July 31, 2006, at 11:30 p.m.
local time, in the South Atlantic on
August 16, 2006, at 11:30 p.m. local
time, and in the North Atlantic on
August 6, 2006, at 11:30 p.m. local time.
NMFS is proposing to delay the start
of the second season for LCS in the Gulf
of Mexico, South Atlantic, and North
Atlantic regions until July 6, 2006, in
order to reduce the likelihood of
interactions with pregnant female
sharks that may be about to give birth,
and in response to public comments
received during 2005 requesting to
delay the start of the second trimester
season until after the Fourth of July
weekend to improve marketing
opportunities for shark product.
To estimate the LCS fishery opening
and closing dates for the second and
third trimester seasons, NMFS
calculated the average catch rates from
July through November for each of the
regions during the second semi-annual
and second and third trimester seasons
in recent years (2002–2005), and
applied the average monthly catch rate
to the available quota for each of the
regions.
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
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the average amount of quota reported
received during the Federal closure
dates of the years used to estimate catch
rates.
Based on the average July LCS catch
rates in recent years in the Gulf of
Mexico region, approximately 81
percent of the available second trimester
LCS quota (201.1 mt dw) would likely
be taken in three weeks and 108 percent
of the available LCS quota would likely
be taken in four weeks. Dealer data also
indicate that, on average, approximately
2.9 mt dw of LCS has been reported
received by dealers during a Federal
closure. This is approximately 1 percent
of the proposed available quota. If catch
rates in 2006 are similar to the average
catch rates from 2002 to 2005, 82
percent (81 + 1 percent) of the second
trimester quota could be caught in three
weeks, and 109 percent (108 + 1) of the
quota could be caught in four weeks.
Thus, NMFS proposes to open the
fishery in the Gulf of Mexico on July 6,
2006, and close the fishery on July 31,
2006 (=25 days or ∼ 3 1⁄2 weeks).
Based on the average July and August
LCS catch rates in recent years for the
South Atlantic region, approximately 85
percent of the available second trimester
LCS quota (151.7 mt dw) would likely
be taken in six weeks and 94 percent of
the available LCS quota would likely be
taken in seven weeks. Dealer data also
indicate that, on average, approximately
21 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 2006 are similar to the
average catch rates from 2002 to 2005,
99 percent (85 percent + 14 percent) of
the quota could be caught in six weeks,
and 108 percent (94 percent + 14
percent) of the quota could be caught in
seven weeks. Thus, NMFS proposes to
open the fishery in the South Atlantic
on July 6, 2006, and close the fishery on
August 16, 2006 (six weeks).
Based on average catch rates in recent
years for the North Atlantic region,
approximately 69 percent of the quota
would likely be taken in four weeks,
and 86 percent of the quota in five
weeks. Dealer data indicate that, on
average, approximately 19 mt dw of LCS
has been reported received by dealers
during a Federal closure. This is
approximately 28 percent of the
available quota. Thus, if catch rates in
2006 are similar to the average catch
rates from 2002 to 2005, 97 percent (69
percent + 28 percent) of the quota could
be caught in four weeks, and 114
percent (86 percent + 28 percent) of the
quota could be caught in five weeks.
Thus, NMFS proposes to open the
fishery in the North Atlantic on July 6,
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2006, and close the fishery on August 6,
2006 (∼4 1⁄2 weeks).
Proposed Fishing Season Notification
for the Third Season
The third trimester fishing season of
the 2006 fishing year for 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, 2006.
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
Federal Register at least 14 days before
the effective date, as consistent with 50
CFR 635.28(b)(2). The third trimester
fishing season of the 2006 fishing year
for LCS is proposed to open on
September 1, 2006, in the Gulf of
Mexico and South Atlantic, but NMFS
proposes to keep the North Atlantic
region closed during the 2006 third
trimester season due to overharvests
during the 2005 third trimester season.
NMFS used LCS catch rates from
September in recent years (2002–2005)
to estimate the 2006 third trimester
season catch rates for September. For
the months of October through
November, NMFS used 2005 catch rates
only because, prior to 2005 the fishery
was closed during that period. The 2005
data are thus the most representative
data available for estimating 2006 catch
rates.
Based on average catch rates in recent
years in the Gulf of Mexico,
approximately 97 percent of the
available third trimester LCS quota
(226.6 mt dw) would likely be taken in
13 weeks and 105 percent of the
available LCS quota would likely be
taken in 14 weeks. Dealer data also
indicate that approximately 1.1 mt dw
of LCS were reported received by
dealers after the October 31, 2005,
Federal closure. This is approximately
0.5 percent of the available quota. Thus,
if catch rates in 2005 are similar to the
average catch rates from 2002 to 2005,
97 percent of the quota could be caught
by the first week of December, and 105
percent of the quota could be caught by
the end of December. However, as a
precautionary measure to avoid an
overharvest, and due to lack of
information about landings in
November and December, NMFS
proposes to close the Gulf of Mexico
LCS fishery on November 15, 2006, at
11:30 p.m. local time (10 weeks).
In the South Atlantic, approximately
92 percent of the available third
trimester LCS quota (56.2 mt dw) would
likely be taken in four weeks and four
days, and 112 percent of the available
VerDate Aug<31>2005
18:38 Feb 16, 2006
Jkt 208001
LCS quota would likely be taken in five
weeks. Dealer data indicate that, in
2005, no LCS were reported received by
dealers after the November 15, 2005,
Federal closure. Thus, if catch rates in
2006 are similar to the average catch
rates from 2002 to 2005, if the fishery
were to remain open until the first week
of October, the quota would likely be
exceeded. Accordingly, NMFS proposes
to close the South Atlantic LCS fishery
on October 3, 2006, at 11:30 p.m. local
time.
In the North Atlantic, approximately
41 percent of the available third
trimester LCS quota (3.3 mt dw) would
likely be taken in one week, and 82
percent would likely be taken in two
weeks. Dealer data also indicate that
approximately 3.1 mt dw of LCS were
reported received by dealers after the
September 15, 2005, Federal closure.
This is approximately 95 percent of the
available quota. Thus, if catch rates in
2006 are similar to the average catch
rates from 2002 to 2005, 136 percent (41
percent + 95 percent) of the quota could
be caught by the first week of
September, and 177 percent of the quota
could be caught by the end of the
second week of September. Since
opening the LCS fishery in the North
Atlantic for even one week could result
in an overharvest, NMFS proposes to
keep the North Atlantic LCS fishery
closed during the third trimester season.
Request for Comments
Comments on the proposed rule may
be submitted via email, mail, or fax by
March 6, 2006, (see DATES and
ADDRESSES).
Classification
This proposed rule is published under
the authority of the Magnuson-Stevens
Act, 16 U.S.C. 1801 et seq. Consistent
with 50 CFR 635.27(b)(1)(vi), the
purpose of this action is to adjust the
LCS trimester quotas based on over- or
underharvests from the 2005 fishing
season, and to announce the 2006
second and third trimester season
opening and closing dates. This
proposed rule will not increase the
overall quotas or landings for LCS or
SCS, and is not expected to increase
fishing effort or protected species
interactions.
The Chief Counsel for Regulation at
the Department of Commerce certified
to the Chief Counsel for Advocacy that
this proposed rule would not have a
significant economic impact on a
substantial number of small entities. On
November 30, 2004, NMFS published a
final rule (69 FR 69537) that, among
other things, adjusted the 2005 regional
quotas for LCS and SCS based on
PO 00000
Frm 00039
Fmt 4702
Sfmt 4702
8561
updated landings information and
divided the quotas among the three
trimester seasons. A final regulatory
flexibility analysis (FRFA) conducted
for the November 2004 rule indicated
that there were approximately 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)). The FRFA concluded
that overall economic impacts of
adjusting the regional quotas on these
small entities were expected to be
minimal. As of October 17, 2005, there
were approximately 235 directed
commercial shark permit holders, 320
incidental commercial shark permit
holders, and 230 commercial shark
dealers.
This proposed rule would not change
the overall LCS or SCS base landings
quotas or the overall regional quotas
established in the November 2004 rule,
or implement any new management
measures not previously considered,
and is not expected to increase fishing
effort or protected species interactions.
This proposed rule would adjust the
quotas for each of the regions based on
underharvests from the 2005 second and
third trimester seasons consistent with
50 CFR 635.27(b)(1)(vi).
During the 2005 second and third
trimester seasons, the Gulf of Mexico
experienced underharvests of 25 and
50.5 mt dw for LCS, respectively ( for
a net underharvest of 75.5 mt dw) and
underharvests of 23.8 and 15.7 mt dw
for SCS, respectively (for a net
underharvest of 39.5 mt dw). The 2003
average ex-vessel price for LCS flesh
was $0.78/lb dw, and the average exvessel price for SCS flesh was $0.43/lb
dw. Shark fins typically account for
approximately 5 percent of dressed
weight of LCS and command a higher
price ($17.09/lb, 2003 average). If the
entire 2006 second and third trimester
season quota in the Gulf of Mexico is
caught, this could result in a gross
economic benefit of $309,503 ($129,829
for LCS flesh, $142,229 for LCS fins, and
$37,445 for SCS). This represents
approximately 34 percent of the
estimated 2005 second and third
trimester gross revenue of $888,520
($413,561 for LCS flesh, $453,061 for
LCS fins, and $21,898 for SCS) for the
Gulf of Mexico region. Given that there
are approximately 35 active shark
vessels (defined as vessels with greater
than 25 percent of landings derived
from sharks as reported in the snappergrouper logbook) in the Gulf of Mexico,
this could result in an increase in
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Federal Register / Vol. 71, No. 33 / Friday, February 17, 2006 / Proposed Rules
cchase on PROD1PC60 with PROPOSALS
revenue of approximately $8,842 per
vessel during the 2006 second and third
trimester seasons.
During the 2005 second and third
trimester seasons, the South Atlantic
experienced an underharvest of 12.8 mt
dw and an overharvest of 82.7 mt dw for
LCS, respectively, for a net overharvest
of 69.9 mt dw, and underharvests of
202.0 and 132.2 mt dw for SCS,
respectively, for a net underharvest of
334.2 mt dw. If the entire 2006 second
and third trimester season quota is
caught in the South Atlantic, this could
result in a net economic benefit of
approximately $64,935 (-$120,199 for
LCS flesh, and -$131,680 for LCS fins
due to the overharvest, +$316,814 for
SCS). This represents approximately 3.8
percent of the estimated 2005 second
and third trimester season gross revenue
of $1,725,539, ($756,447 for LCS,
$828,697 for LCS fins, and $140,386 for
SCS) for the South Atlantic region.
Given that there are approximately 28
active shark vessels in the South
Atlantic, this could result in an increase
in revenue of approximately $2,319 per
vessel during the 2006 second and third
trimester seasons.
During the 2005 second and third
trimester seasons, the North Atlantic
experienced an underharvest of 3.7 mt
dw and an overharvest of 2.4 mt dw for
LCS, respectively, and underharvests of
23 and 16 mt dw for SCS, respectively.
If the entire 2006 second trimester
season quota is caught in the North
Atlantic, this could result in a gross
economic benefit of approximately
$35,135 ($6,362 for LCS flesh, $6,970 for
VerDate Aug<31>2005
18:38 Feb 16, 2006
Jkt 208001
LCS fins, and $21,803 for SCS). This
represents approximately 16 percent of
the estimated 2005 second season gross
revenue of $220,890, ($105,411 for LCS,
$115,479 for LCS fins, and $0 for SCS)
for the North Atlantic region. Given that
there are fewer than 10 active shark
vessels in the North Atlantic, this could
result in an increase in revenue of
approximately $3,513 per vessel during
the 2006 second trimester season.
NMFS proposes to keep the North
Atlantic LCS fishery closed during the
third trimester season due to an
overharvest of LCS during the 2005
third trimester season. Accounting for
the LCS overharvest of 2.4 mt dw during
the 2005 third trimester season, the
proposed 2006 third trimester LCS
adjusted quota for the North Atlantic is
3.3 mt dw. Not allowing the LCS fishery
to open could result in a loss of revenue
of approximately $11,877 ($5,668 for
LCS flesh, and $6,209 for LCS fins), or
$1,187 per vessel during the 2006 third
trimester season.
The increases in possible revenue as
a result of transferring the underharvests
are only potential amounts that may or
may not be realized. For example, the
increased supply of sharks could
decrease prices. If it is not realized, then
there would be no economic impact
because the fishermen did not receive
any benefit from the transfer. If it is
realized, then it will result in a positive
impact as described above. The
decreases in revenue for some of the
regions are a result of overharvests
during the 2005 seasons, which,
consistent with 50 CFR 635.27(b)(1)(vi),
PO 00000
Frm 00040
Fmt 4702
Sfmt 4702
must be accounted for with an
equivalent decrease during the 2006
season. Only one region, the North
Atlantic region, may experience a loss
in revenue if the LCS fishery is closed
during the third trimester season due to
overharvests during the 2005 third
trimester season. Thus, 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 beyond those
considered in Amendment 1, or the
November 2004 final rule (69 FR 69537).
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.
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.
1801 et seq.
Dated: February 14, 2006.
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
[FR Doc. 06–1505 Filed 2–14–06; 2:22 pm]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 71, Number 33 (Friday, February 17, 2006)]
[Proposed Rules]
[Pages 8557-8562]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1505]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 060131019-6019-01; I.D. 012006B]
RIN 0648-AU17
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 2006 second and third
trimester season quotas for large coastal sharks (LCS) and small
coastal sharks (SCS) based on over- or underharvests from the 2005
second and third trimester seasons. In addition, this rule proposes the
opening and closing dates for the LCS fishery based on adjustments to
the trimester quotas. The intended effect of these proposed actions is
to provide advance notice of quotas and season dates for the Atlantic
commercial shark fishery.
DATES: Written comments must be received by March 6, 2006.
ADDRESSES: Written comments on the proposed rule may be submitted to
Chris Rilling, Highly Migratory Species Management Division via:
E-mail: 012006B@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.
[[Page 8558]]
Federal e-Rulemaking portal: https://www.regulations.gov.
Include in the subject line the following identifier: I.D. 012006B.
FOR FURTHER INFORMATION CONTACT: Chris Rilling or Karyl Brewster-Geisz
by phone: 301-713-2347 or by fax: 301-713-1917.
SUPPLEMENTARY INFORMATION:
Proposed Opening and Closing Dates and Quotas
Proposed opening and closing dates and quotas for the 2006 second
and third trimester seasons by region are provided in Table 1.
Table 1--Proposed Opening and Closing Dates and Quotas
------------------------------------------------------------------------
Second Trimester Season
-------------------------------------------------------------------------
Opening Closure
Species Group Region Date Date Quota
------------------------------------------------------------------------
Large Coastal Sharks Gulf of July 6, July 31, 201.1 mt
Mexico 2006 2006 dw
11:30 p.m. (443,345
local lb dw)
time
---------- -----------------------
South ........ August 16, 151.7 mt
Atlanti 2006 dw
c 11:30 p.m. (334,438
local lb dw)
time
---------- -----------------------
North ........ August 6, 66.3 mt dw
Atlanti 2006 (146,165
c 11:30 p.m. lb dw)
local
time
------------------------------------------------------------------------
Small Coastal Sharks Gulf of May 1, To be 38.9 mt dw
Mexico 2006 determine (85,759 lb
d, as dw)
necessary
---------- -----------
South ........ .......... 333.5 mt
Atlanti dw
c (735,234
lb dw)
---------- -----------
North ........ .......... 24.2 mt dw
Atlanti (53,351 lb
c dw)
------------------------------------------------------------------------
Blue sharks No May 1, To be 91 mt dw
regiona 2006 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
-------------------------------------------------------------------------
Opening Closure
Species Group Region Date Date Quota
------------------------------------------------------------------------
Large Coastal Sharks Gulf of Septembe November 226.6 mt
Mexico r 1, 15, 2006 dw
2006 11:30 p.m. (499,562
local lb dw)
time
---------- -----------------------
South ........ October 3, 56.2 mt dw
Atlanti 2006 (123,899
c 11:30 p.m. lb dw)
local
time
-------------------------------------------
North CLOSED\1 .......... ..........
Atlanti \
c
------------------------------------------------------------------------
Small Coastal Sharks Gulf of Septembe To be 30.8 mt dw
Mexico r 1, determine (67,902 lb
2006 d, as dw)
necessary
---------- -----------
South ........ .......... 263.7 mt
Atlanti dw
c (581,353
lb dw)
---------- -----------
North ........ .......... 28.2 mt dw
Atlanti (62,170 lb
c dw)
------------------------------------------------------------------------
Blue sharks No Septembe To be 91 mt dw
regiona r 1, determine (200,619
l 2006 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)
------------------------------------------------------------------------
\1\Since opening the LCS fishery in the North Atlantic for even one week
could result in an overharvest, NMFS proposes to keep the North
Atlantic LCS fishery closed during the third trimester season.
[[Page 8559]]
Background
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.
On December 24, 2003, NMFS published a final rule (68 FR 74746) for
Amendment 1 that established, among other things, an annual landings
quota of 1,017 metric tons (mt) dressed weight (dw) for LCS, and an
annual landings quota of 454 mt dw for SCS. 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 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, among other things, adjusted the regional quotas for LCS and SCS
based on updated landings information, divided the quotas among the
three trimester seasons, and implemented a new process for notifying
participants of season opening and closing dates and quotas.
Consistent with 50 CFR 635.27(b)(1)(iii), as adjusted by the 2004
final rule, the annual LCS quota (1,017 mt dw) is split 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 annual SCS
quota (454 mt dw) is split among the three regions as follows: 10
percent to the Gulf of Mexico, 87 percent to the South Atlantic, and 3
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 of 4, 88, and
8 percent for LCS, and 1, 9, and 90 percent for SCS in the first,
second, and third trimester seasons, respectively, in the North
Atlantic.
Consistent with 50 CFR 635.27(b)(1)(vi), any over- or underharvest
in a given region from the 2005 second and third trimester seasons will
be carried over to the 2006 second and third trimester seasons. This
action would not change the 2006 base landings quota or the 2006
regional quotas established in the November 30, 2004, final rule.
In addition, the November 30, 2004, final rule established a
process for issuing proposed and final rules to notify interested
parties of season lengths and quotas and to facilitate public comment.
Annual Landings Quotas
Any of the proposed quotas may change depending on any updates to
the reported landings from the 2005 second and third trimester seasons.
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 lb dw) for LCS and 454 mt dw
(1,000,888.4 lb dw) for SCS. The 2005 quota levels for pelagic, blue,
and porbeagle sharks are 488 mt dw (1,075,844.8 lb dw), 273 mt dw
(601,855.8 lb dw), and 92 mt dw (202,823.2 lb dw), respectively. This
rule does not propose to change any of these overall base landings
quotas.
As of January 13, 2006, the overall 2005 second trimester season
quotas for LCS and SCS had not been exceeded. Reported landings of LCS
were at 89 percent of the LCS quota (353.5 mt dw out of a 395.2 mt dw
quota), and SCS landings were at 26 percent (86.1 mt dw out of a 334.8
mt dw quota) of the overall SCS quota. The Gulf of Mexico, South
Atlantic, and North Atlantic regions experienced underharvests of 17
percent (24.6 mt dw), 7 percent (12.8 mt dw), and 6 percent (3.9 mt dw)
of their regional LCS quotas, respectively. The Gulf of Mexico, South
Atlantic, and North Atlantic experienced underharvests of 78 percent
(23.8 mt dw), 72 percent (199.7 mt dw), and 100 percent (23 mt dw) of
their regional SCS quotas, respectively.
As of January 13, 2006, the overall 2005 third trimester season
quota for LCS, but not SCS, had been exceeded. Reported landings of LCS
were at 110 percent of the LCS quota (396.0 mt dw out of a 361.0 mt dw
quota), and SCS landings were at 34 percent (85.1 mt dw out of a 249.0
mt dw quota) of the overall SCS quota. The South Atlantic and North
Atlantic regions experienced overharvests of 44 percent (82.7 mt dw)
and 48 percent (2.4 mt dw) of their regional LCS quotas, respectively,
and the Gulf of Mexico experienced an underharvest of 30 percent (50.5
mt dw). The Gulf of Mexico, South Atlantic, and North Atlantic
experienced underharvests of 49 percent (15.7 mt dw), 66 percent (132.2
mt dw), and 100 percent (16 mt dw) of their regional SCS quotas,
respectively. 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)(A)(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)(A)(3), the SCS 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 in each of the regions, 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.
Gulf of Mexico Regional Landings Quotas
In 2005, preliminary data indicate that for LCS, the Gulf of Mexico
had an underharvest of 25 mt dw in the second trimester season, and an
underharvest of 50.5 mt dw in the third trimester season. As a result,
the Gulf of Mexico LCS quota for the 2006 second trimester season is
proposed to be 201.1 mt dw (1,017x0.52x0.333+25), and the quota for the
2006 third trimester season is proposed as 226.6 mt dw
(1,017x0.52x0.333+50.5).
In 2005, preliminary data indicate that for SCS, the Gulf of Mexico
had an underharvest of 23.8 mt dw in the second trimester season, and
an underharvest of 15.7 mt dw in the third trimester season. As a
result, the Gulf of Mexico SCS quota for the 2006 second trimester
season is proposed to be 38.9 mt dw (454x0.10x0.333+23.8), and the
quota for the 2006 third trimester season is proposed as 30.8 mt dw
(454x0.10x0.333+15.7).
[[Page 8560]]
South Atlantic Regional Landings Quotas
In 2005, preliminary data indicate that for LCS, the South Atlantic
had an underharvest of 12.8 mt dw in the second trimester season, and
an overharvest of 82.7 mt dw in the third trimester season. As a
result, the South Atlantic LCS quota for the 2006 second trimester
season is proposed to be 151.7 mt dw (1,017x0.41x0.333+12.8), and the
quota for the 2006 third trimester season is proposed as 56.2 mt dw
(1,017x0.41x0.333-82.7).
In 2005, preliminary data indicate that for SCS, the South Atlantic
had an underharvest of 202 mt dw in the second trimester season, and an
underharvest of 132.2 mt dw in the third trimester season. As a result,
the South Atlantic SCS quota for the 2006 second trimester season is
proposed to be 333.5 mt dw (454x0.87x0.333+202), and the quota for the
2006 third trimester season is proposed to be 263.7 mt dw
(454x0.87x0.333+132.2).
North Atlantic Regional Landings Quotas
In 2005, preliminary data indicate that for LCS, the North Atlantic
had an underharvest of 3.7 mt dw in the second trimester season, and an
overharvest of 2.4 mt dw in the third trimester season. As a result,
the North Atlantic LCS quota for the 2006 second trimester season is
proposed to be 66.3 mt dw (1,017x0.07x0.88+3.7), and the quota for the
2006 third trimester season is proposed as 3.3 mt dw (1,017x0.07x0.08-
2.4).
In 2005, preliminary data indicate that for SCS, the North Atlantic
had an underharvest of 23 mt dw in the second trimester season, and an
underharvest of 16 mt dw in the third trimester season. As a result,
the North Atlantic SCS quota for the 2006 second trimester season is
proposed to be 24.2 mt dw (454x0.03x0.09+23), and the quota for the
2006 third trimester season is proposed as 28.2 mt dw
(454x0.03x0.90+16).
Pelagic Shark Quotas
The 2005 annual quotas for pelagic, blue, and porbeagle sharks are
488 mt dw (1,075,845 lb dw), 273 mt dw (601,856 lb dw), and 92 mt dw
(202,823 lb dw), respectively. These are the same quotas that were
established in the HMS FMP. As of January 13, 2006, approximately 84.8
mt dw had been reported landed in the second 2005 second trimester
season, and 22.6 mt dw in the third trimester 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)(vi). The 2006 second and third
trimester season quotas for pelagic, blue, and porbeagle sharks are
proposed for each season to be 162.7 mt dw (358,688 lb dw), 91 mt dw
(200,619 lb dw), and 30.7 mt dw (67,681 lb dw), respectively.
Proposed Fishing Season Notification for the Second Season
The second trimester fishing season of the 2006 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, 2006. 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 Federal Register at least 14 days before the
effective date, consistent with 50 CFR 635.28(b)(2).
The second trimester fishing season of the 2006 fishing year for
LCS is proposed to open on July 6, 2006, in the Gulf of Mexico, South
Atlantic, and North Atlantic regions. NMFS is proposing to close the
second trimester season LCS fishery in the Gulf of Mexico on July 31,
2006, at 11:30 p.m. local time, in the South Atlantic on August 16,
2006, at 11:30 p.m. local time, and in the North Atlantic on August 6,
2006, at 11:30 p.m. local time.
NMFS is proposing to delay the start of the second season for LCS
in the Gulf of Mexico, South Atlantic, and North Atlantic regions until
July 6, 2006, in order to reduce the likelihood of interactions with
pregnant female sharks that may be about to give birth, and in response
to public comments received during 2005 requesting to delay the start
of the second trimester season until after the Fourth of July weekend
to improve marketing opportunities for shark product.
To estimate the LCS fishery opening and closing dates for the
second and third trimester seasons, NMFS calculated the average catch
rates from July through November for each of the regions during the
second semi-annual and second and third trimester seasons in recent
years (2002-2005), and applied the average monthly catch rate to the
available quota for each of the regions.
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.
Based on the average July LCS catch rates in recent years in the
Gulf of Mexico region, approximately 81 percent of the available second
trimester LCS quota (201.1 mt dw) would likely be taken in three weeks
and 108 percent of the available LCS quota would likely be taken in
four weeks. Dealer data also indicate that, on average, approximately
2.9 mt dw of LCS has been reported received by dealers during a Federal
closure. This is approximately 1 percent of the proposed available
quota. If catch rates in 2006 are similar to the average catch rates
from 2002 to 2005, 82 percent (81 + 1 percent) of the second trimester
quota could be caught in three weeks, and 109 percent (108 + 1) of the
quota could be caught in four weeks. Thus, NMFS proposes to open the
fishery in the Gulf of Mexico on July 6, 2006, and close the fishery on
July 31, 2006 (=25 days or ~ 3 \1/2\ weeks).
Based on the average July and August LCS catch rates in recent
years for the South Atlantic region, approximately 85 percent of the
available second trimester LCS quota (151.7 mt dw) would likely be
taken in six weeks and 94 percent of the available LCS quota would
likely be taken in seven weeks. Dealer data also indicate that, on
average, approximately 21 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 2006 are similar to the
average catch rates from 2002 to 2005, 99 percent (85 percent + 14
percent) of the quota could be caught in six weeks, and 108 percent (94
percent + 14 percent) of the quota could be caught in seven weeks.
Thus, NMFS proposes to open the fishery in the South Atlantic on July
6, 2006, and close the fishery on August 16, 2006 (six weeks).
Based on average catch rates in recent years for the North Atlantic
region, approximately 69 percent of the quota would likely be taken in
four weeks, and 86 percent of the quota in five weeks. Dealer data
indicate that, on average, approximately 19 mt dw of LCS has been
reported received by dealers during a Federal closure. This is
approximately 28 percent of the available quota. Thus, if catch rates
in 2006 are similar to the average catch rates from 2002 to 2005, 97
percent (69 percent + 28 percent) of the quota could be caught in four
weeks, and 114 percent (86 percent + 28 percent) of the quota could be
caught in five weeks. Thus, NMFS proposes to open the fishery in the
North Atlantic on July 6,
[[Page 8561]]
2006, and close the fishery on August 6, 2006 (~4 \1/2\ weeks).
Proposed Fishing Season Notification for the Third Season
The third trimester fishing season of the 2006 fishing year for
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, 2006. 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 Federal Register at least 14 days before the effective
date, as consistent with 50 CFR 635.28(b)(2). The third trimester
fishing season of the 2006 fishing year for LCS is proposed to open on
September 1, 2006, in the Gulf of Mexico and South Atlantic, but NMFS
proposes to keep the North Atlantic region closed during the 2006 third
trimester season due to overharvests during the 2005 third trimester
season.
NMFS used LCS catch rates from September in recent years (2002-
2005) to estimate the 2006 third trimester season catch rates for
September. For the months of October through November, NMFS used 2005
catch rates only because, prior to 2005 the fishery was closed during
that period. The 2005 data are thus the most representative data
available for estimating 2006 catch rates.
Based on average catch rates in recent years in the Gulf of Mexico,
approximately 97 percent of the available third trimester LCS quota
(226.6 mt dw) would likely be taken in 13 weeks and 105 percent of the
available LCS quota would likely be taken in 14 weeks. Dealer data also
indicate that approximately 1.1 mt dw of LCS were reported received by
dealers after the October 31, 2005, Federal closure. This is
approximately 0.5 percent of the available quota. Thus, if catch rates
in 2005 are similar to the average catch rates from 2002 to 2005, 97
percent of the quota could be caught by the first week of December, and
105 percent of the quota could be caught by the end of December.
However, as a precautionary measure to avoid an overharvest, and due to
lack of information about landings in November and December, NMFS
proposes to close the Gulf of Mexico LCS fishery on November 15, 2006,
at 11:30 p.m. local time (10 weeks).
In the South Atlantic, approximately 92 percent of the available
third trimester LCS quota (56.2 mt dw) would likely be taken in four
weeks and four days, and 112 percent of the available LCS quota would
likely be taken in five weeks. Dealer data indicate that, in 2005, no
LCS were reported received by dealers after the November 15, 2005,
Federal closure. Thus, if catch rates in 2006 are similar to the
average catch rates from 2002 to 2005, if the fishery were to remain
open until the first week of October, the quota would likely be
exceeded. Accordingly, NMFS proposes to close the South Atlantic LCS
fishery on October 3, 2006, at 11:30 p.m. local time.
In the North Atlantic, approximately 41 percent of the available
third trimester LCS quota (3.3 mt dw) would likely be taken in one
week, and 82 percent would likely be taken in two weeks. Dealer data
also indicate that approximately 3.1 mt dw of LCS were reported
received by dealers after the September 15, 2005, Federal closure. This
is approximately 95 percent of the available quota. Thus, if catch
rates in 2006 are similar to the average catch rates from 2002 to 2005,
136 percent (41 percent + 95 percent) of the quota could be caught by
the first week of September, and 177 percent of the quota could be
caught by the end of the second week of September. Since opening the
LCS fishery in the North Atlantic for even one week could result in an
overharvest, NMFS proposes to keep the North Atlantic LCS fishery
closed during the third trimester season.
Request for Comments
Comments on the proposed rule may be submitted via email, mail, or
fax by March 6, 2006, (see DATES and ADDRESSES).
Classification
This proposed rule is published under the authority of the
Magnuson-Stevens Act, 16 U.S.C. 1801 et seq. Consistent with 50 CFR
635.27(b)(1)(vi), the purpose of this action is to adjust the LCS
trimester quotas based on over- or underharvests from the 2005 fishing
season, and to announce the 2006 second and third trimester season
opening and closing dates. This proposed rule will not increase the
overall quotas or landings for LCS or SCS, and is not expected to
increase fishing effort or protected species interactions.
The Chief Counsel for Regulation at the Department of Commerce
certified to the Chief Counsel for Advocacy that this proposed rule
would not have a significant economic impact on a substantial number of
small entities. On November 30, 2004, NMFS published a final rule (69
FR 69537) that, among other things, adjusted the 2005 regional quotas
for LCS and SCS based on updated landings information and divided the
quotas among the three trimester seasons. A final regulatory
flexibility analysis (FRFA) conducted for the November 2004 rule
indicated that there were approximately 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)). The FRFA concluded that overall
economic impacts of adjusting the regional quotas on these small
entities were expected to be minimal. As of October 17, 2005, there
were approximately 235 directed commercial shark permit holders, 320
incidental commercial shark permit holders, and 230 commercial shark
dealers.
This proposed rule would not change the overall LCS or SCS base
landings quotas or the overall regional quotas established in the
November 2004 rule, or implement any new management measures not
previously considered, and is not expected to increase fishing effort
or protected species interactions. This proposed rule would adjust the
quotas for each of the regions based on underharvests from the 2005
second and third trimester seasons consistent with 50 CFR
635.27(b)(1)(vi).
During the 2005 second and third trimester seasons, the Gulf of
Mexico experienced underharvests of 25 and 50.5 mt dw for LCS,
respectively ( for a net underharvest of 75.5 mt dw) and underharvests
of 23.8 and 15.7 mt dw for SCS, respectively (for a net underharvest of
39.5 mt dw). The 2003 average ex-vessel price for LCS flesh was $0.78/
lb dw, and the average ex-vessel price for SCS flesh was $0.43/lb dw.
Shark fins typically account for approximately 5 percent of dressed
weight of LCS and command a higher price ($17.09/lb, 2003 average). If
the entire 2006 second and third trimester season quota in the Gulf of
Mexico is caught, this could result in a gross economic benefit of
$309,503 ($129,829 for LCS flesh, $142,229 for LCS fins, and $37,445
for SCS). This represents approximately 34 percent of the estimated
2005 second and third trimester gross revenue of $888,520 ($413,561 for
LCS flesh, $453,061 for LCS fins, and $21,898 for SCS) for the Gulf of
Mexico region. Given that there are approximately 35 active shark
vessels (defined as vessels with greater than 25 percent of landings
derived from sharks as reported in the snapper-grouper logbook) in the
Gulf of Mexico, this could result in an increase in
[[Page 8562]]
revenue of approximately $8,842 per vessel during the 2006 second and
third trimester seasons.
During the 2005 second and third trimester seasons, the South
Atlantic experienced an underharvest of 12.8 mt dw and an overharvest
of 82.7 mt dw for LCS, respectively, for a net overharvest of 69.9 mt
dw, and underharvests of 202.0 and 132.2 mt dw for SCS, respectively,
for a net underharvest of 334.2 mt dw. If the entire 2006 second and
third trimester season quota is caught in the South Atlantic, this
could result in a net economic benefit of approximately $64,935 (-
$120,199 for LCS flesh, and -$131,680 for LCS fins due to the
overharvest, +$316,814 for SCS). This represents approximately 3.8
percent of the estimated 2005 second and third trimester season gross
revenue of $1,725,539, ($756,447 for LCS, $828,697 for LCS fins, and
$140,386 for SCS) for the South Atlantic region. Given that there are
approximately 28 active shark vessels in the South Atlantic, this could
result in an increase in revenue of approximately $2,319 per vessel
during the 2006 second and third trimester seasons.
During the 2005 second and third trimester seasons, the North
Atlantic experienced an underharvest of 3.7 mt dw and an overharvest of
2.4 mt dw for LCS, respectively, and underharvests of 23 and 16 mt dw
for SCS, respectively. If the entire 2006 second trimester season quota
is caught in the North Atlantic, this could result in a gross economic
benefit of approximately $35,135 ($6,362 for LCS flesh, $6,970 for LCS
fins, and $21,803 for SCS). This represents approximately 16 percent of
the estimated 2005 second season gross revenue of $220,890, ($105,411
for LCS, $115,479 for LCS fins, and $0 for SCS) for the North Atlantic
region. Given that there are fewer than 10 active shark vessels in the
North Atlantic, this could result in an increase in revenue of
approximately $3,513 per vessel during the 2006 second trimester
season.
NMFS proposes to keep the North Atlantic LCS fishery closed during
the third trimester season due to an overharvest of LCS during the 2005
third trimester season. Accounting for the LCS overharvest of 2.4 mt dw
during the 2005 third trimester season, the proposed 2006 third
trimester LCS adjusted quota for the North Atlantic is 3.3 mt dw. Not
allowing the LCS fishery to open could result in a loss of revenue of
approximately $11,877 ($5,668 for LCS flesh, and $6,209 for LCS fins),
or $1,187 per vessel during the 2006 third trimester season.
The increases in possible revenue as a result of transferring the
underharvests are only potential amounts that may or may not be
realized. For example, the increased supply of sharks could decrease
prices. If it is not realized, then there would be no economic impact
because the fishermen did not receive any benefit from the transfer. If
it is realized, then it will result in a positive impact as described
above. The decreases in revenue for some of the regions are a result of
overharvests during the 2005 seasons, which, consistent with 50 CFR
635.27(b)(1)(vi), must be accounted for with an equivalent decrease
during the 2006 season. Only one region, the North Atlantic region, may
experience a loss in revenue if the LCS fishery is closed during the
third trimester season due to overharvests during the 2005 third
trimester season. Thus, 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
beyond those considered in Amendment 1, or the November 2004 final rule
(69 FR 69537).
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.
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
Dated: February 14, 2006.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
[FR Doc. 06-1505 Filed 2-14-06; 2:22 pm]
BILLING CODE 3510-22-S
