Atlantic Highly Migratory Species; Atlantic Commercial Shark Management Measures, 55729-55735 [E7-19378]
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Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Proposed Rules
Authority: 42 U.S.C. 7401 et seq.
Dated: September 21, 2007.
Alan J. Steinberg,
Regional Administrator, Region 2.
[FR Doc. E7–19346 Filed 9–28–07; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
42 CFR Part 71
RIN 0920–AA03
Foreign Quarantine Regulations,
Proposed Revision of HHS/CDC
Animal-Importation Regulations
Centers for Disease Control and
Prevention (CDC), Department of Health
and Human Services (HHS).
ACTION: Advance notice of proposed
rulemaking; extension of public
comment period.
AGENCY:
On July 31, 2007, CDC
published an advanced notice of
proposed rulemaking (ANPRM),
‘‘Foreign Quarantine regulations,
Proposed Revision of HHS/CDC AnimalImportation Regulations,’’ (72 FR 41676)
to begin the process of revising HHS/
CDC Animal Importation Regulations
that cover dogs and cats (42 CFR 71.51),
and to consider extending these
regulations to cover domesticated
ferrets. The ANPRM will also address
the importation of African rodents (42
CFR 71.56) into the United States. HHS/
CDC is also considering the need for
additional regulations to prevent the
introduction of zoonotic diseases into
the United States. CDC provided a 60day pubic comment period, with written
comments to be received on or before
October 1, 2007. CC has received
requests asking for an extension of the
comment period. In consideration of
these requests, CDC is extending the
comment period an additional 60 days,
with a new closing date of December 1,
2007.
DATES: Written comments on the
advance notice of proposed revision of
HHS/CDC Animal Importation
Regulations must be submitted on or
before December 1, 2007. Please refer to
SUPPLEMENTARY INFORMATION for
additional information.
ADDRESSES: Written comments may
submitted to the following address: U.S.
Department of Health and Human
Services, Centers for Disease Control
and Prevention, Division of Global
Migration and Quarantine, ATTN:
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SUMMARY:
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Animal Importation Regulations, 1600
Clifton Road, NE., (E03), Atlanta, GA
30333. Comments will be available for
public inspection Monday through
Friday, except for legal holidays, from 9
a.m. until 5 p.m. at 1600 Clifton Road,
NE., Atlanta, GA 30333. Please call
ahead to 1–866–694–4867 and ask for a
representative in the Division of Global
Migration and Quarantine to schedule
your visit.
Written comments may also be
submitted electronically via the Internet
at https://www.regulations.gov or via email to
animalimportcomments@cdc.gov.
Electronic comments may be viewed at
https://www.cdc.gov/publiccomments/.
An electronic copy of the rule can be
found at: https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Robert Mullan, M.D., Centers for Disease
Control and Prevention, Division of
Global Migration and Quarantine, (404)
639–4537.
On July
31, 2007, CDC published an advanced
notice of proposed rulemaking
(ANPRM), ‘‘Foreign Quarantine
Regulations, Proposed Revision of HHS/
CDC Animal-Importation Regulations’’
(72 FR 41676). In that Federal Register
Notice, CDC provided a 60-day public
comment period. Written comments
were to be received on or before October
1, 2007. Since the Notice was published,
CDC has received requests asking for an
extension of the public comment period
beyond the 60 days originally provided.
These requests have been made by
national groups that represent
organizations that will be affected by the
proposed rule. In consideration of these
concerns, CDC is extending the
comment period by 60 days (until
December 1, 2007) to give all interested
organizations and persons the
opportunity to comment fully.
Commenters should be aware that
CDC’s general policy for comments and
other submissions from members of the
public is to make these submissions
available for public viewing on the
Internet as they are received and
without change, including any personal
identifiers or contact information.
CDC has posted the ANPRM and
related materials on its Web site at
https://www.cdc.gov/ncidod.dq.
SUPPLEMENTARY INFORMATION:
Dated: September 20, 2007.
Michael O. Leavitt,
Secretary.
[FR Doc. 07–4852 Filed 9–27–07; 12:07 pm]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 070803437–7439–01]
RIN 0648–AV93
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 2008 first trimester season
quotas for large coastal sharks (LCS),
small coastal sharks (SCS), and pelagic
sharks based on over- or underharvests
from the 2007 first trimester season.
This proposed action would provide
advance notice of quotas and season
dates for the Atlantic commercial shark
fishery. It would also ensure the
measures in this action are in place
until they are replaced by those
implemented under Amendment 2 to
the Highly Migratory Species (HMS)
Fisheries Management Plan (FMP) even
if Amendment 2 is finalized after the
start of the second trimester season
(May 1, 2008). As such, this action
constitutes the regulatory action to
determine quotas and season lengths for
LCS, SCS and pelagic sharks for the
2008 second trimester season.
DATES: Comments on this proposed rule
may be submitted at the public hearing
(oral or written), via email, mail, or fax
by October 31, 2007.
A public hearing will be held from 7–
9 p.m. on October 3, 2007.
ADDRESSES: You may submit comments,
identified by [0648–AV93], by any one
of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov
• Fax: 301–713–1917, Attn:[LeAnn
Southward Hogan]
• Mail: 1315 East West Highway,
Silver Spring, MD 20910
Please mark on the outside of the
envelope ‘‘Comments on Proposed Rule
for 2008 First Trimester Season Lengths
and Quotas’’.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
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Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Proposed Rules
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments. Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
PDF file formats only.
The hearing location will be held at
the NOAA Science Center, 1305 East
West Highway, Silver Spring, MD
20910.
Copies of the draft Environmental
Assessment (EA) and other relevant
documents are available from the HMS
website https://www.nmfs.noaa.gov/sfa/
hms/ or by contacting LeAnn
Southward Hogan (see FOR FURTHER
INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT:
LeAnn Southward Hogan or Karyl
Brewster-Geisz by phone: 301–713–2347
or by fax: 301–713–1917.
follows: 48 percent to the Gulf of
Mexico, 49 percent to the South
Atlantic, and 3 percent to the North
Atlantic. The regional quotas for LCS
and SCS are divided equally between
the trimester seasons in the South
Atlantic and the Gulf of Mexico, and
according to historical landings in the
North Atlantic.
Consistent with 50 CFR
635.27(b)(1)(vi), any over- or
underharvest in a given region from the
2007 first trimester season will be
carried over to the 2008 first trimester
season in that region.
SUPPLEMENTARY INFORMATION:
Background
The Atlantic shark fishery is managed
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act). NMFS recently finalized a
Consolidated Atlantic HMS FMP that
consolidated and replaced previous
FMPs for Atlantic Billfish, and Atlantic
Tunas, Swordfish, and Sharks. The
HMS FMP is implemented by
regulations at 50 CFR part 635.
Currently, the Atlantic shark annual
quotas, with the exception of pelagic
sharks, are split among three regions
based on historic landings (1999 -2003).
Consistent with 50 CFR 635.27(b)(1)(iii)
and (iv), 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
2007 First Trimester Landings
Shark landings data for the 2007 first
trimester season are provided in Table
1. As a result of the over- and
underharvests that occurred in the first
trimester season of 2007, NMFS
analyzed alternatives to adjust the 2008
first trimester season and quotas for the
LCS and SCS fishery.
TABLE 1—LANDINGS IN METRIC TONS DRESSED WEIGHT (MT DW) FOR THE 1ST TRIMESTER SEASON OF 2007. LANDINGS
ESTIMATES ARE BASED ON DEALER REPORTS RECEIVED AS OF JULY 31, 2007.
First Trimester Season 2007
Species Group
(Annual Quota, mt dw)
Region
(Allocation)
Large Coastal Sharks (1,017)
Quota
(mt dw)
Estimated Landings
(mt dw)
Percent Quota Taken
Gulf of Mexico (52 %)
62.3
187.4
300
South Atlantic (41 %)
-112.9
9.7
–
North Atlantic (7 %)
7.9
0
0
Gulf of Mexico (10 %)
15.1
14.5
96
South Atlantic (87 %)
308.4
27.6
9
North Atlantic (3 %)
18.8
0
0
No regional quotas
91
0
0
Porbeagle sharks (92)
30.7
0.1
0.3
Pelagic Sharks other than those above
(488)
162.7
30.6
18.8
Small Coastal Sharks (454)
Blue Sharks (273)
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Quota Adjustments in the LCS and SCS
Fishery
NMFS conducted an Environmental
Assessment (EA) to analyze three LCS
and SCS alternatives for adjusting
regional trimester quotas and other
management measures based on the
over- and underharvests that occurred
in the LCS and SCS fisheries in the
North Atlantic, South Atlantic and Gulf
of Mexico regions during the 2007 first
trimester season.
These measures are necessary to
ensure that over- and underharvests
from 2007 are accounted for and any
impacts are analyzed. The base quotas
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established in Amendment 1 to the 1999
FMP for Atlantic Tunas, Swordfish, and
Sharks and maintained in the
Consolidated HMS FMP would not be
affected by this rulemaking. Rather, the
LCS base quotas would be changed via
the final Amendment 2 to the
Consolidated HMS FMP and its final
rule. Based on the 2005 Canadian
porbeagle stock assessment, the 2006
dusky shark stock assessment and the
2005/2006 LCS stock assessment, NMFS
has determined that a number of shark
species are overfished and overfishing is
occurring and an amendment to the
HMS FMP is needed to implement
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management measures to rebuild
overfished stocks and prevent
overfishing. The management measures
proposed in the draft Amendment 2 to
the HMS FMP would reduce fishing
effort and mortality to rebuild
overfished Atlantic shark species while
ensuring that a limited shark fishery can
be maintained. The final Amendment 2
to the HMS FMP is expected to be
published in late winter or early spring
2008.
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LCS Quota Adjustments and Fishing
Season Notification
Consistent with 50 CFR
635.27(b)(1)(vi)(A)(3), the LCS quota for
the Gulf of Mexico and South Atlantic
regions is split equally (33.3 percent/
season) between the three trimester
fishing seasons, and the quota for the
North Atlantic is split according to
historical landings of 4, 88, and 8
percent for the first, second, and third
trimester seasons, respectively. Due to
LCS overharvests that occurred in both
the Gulf of Mexico and South Atlantic
regions during the first trimesters of
2006 and 2007, the LCS quotas for these
regions and season have been
significantly reduced from the baseline
quotas. Table 2 describes the adjusted
LCS quotas based on the 2007 first
trimester overharvests.
Under alternative 1 (no action) the
Gulf of Mexico region would have a
quota of 51 mt dw (112,435 lb dw) and
would have a five day season, and the
North Atlantic region would have a
quota of 10.7 mt dw (23,589 lb dw) and
would be open for the entire first season
of 2008. The South Atlantic region
would have a quota of 16.3 mt dw
(35,935 lb dw). However, based upon
historical (2004–2007) average catch
rates and landings that occurred during
federal closures during the first
trimester, 96.9 percent of the quota
would be harvested if the season was
open for one day. Therefore, due to
safety at sea concerns and possible
derby fishing conditions, the LCS
fishery in the South Atlantic region
would be closed for the 2008 first
trimester season under the no action
alternative.
Under alternative 3 (the preferred
alternative), NMFS would close the LCS
fishery in the Gulf of Mexico, South
Atlantic, and North Atlantic regions
during the 2008 first trimester season
until Amendment 2 to the HMS FMP is
effective. Closing the LCS fishery during
the 2008 first trimester season would be
the second consecutive year that NMFS
closed the LCS fishery in the South
Atlantic region during the first
trimester. As a result, the South Atlantic
region commercial LCS fishermen
would continue to experience negative
social and economic impacts associated
with these management measures.
A closure in the Gulf of Mexico region
could avoid safety at sea concerns and
possible derby fishing condition that
may occur as a result of the five day
season (no action alterative).
In the North Atlantic region from
2004–2007 an average of 0.4 mt dw was
landed during the entire first trimester
season. Thus, due to the historically
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small landings in this region during the
first trimester, NMFS does not expect
that the North Atlantic region would be
negatively impacted from a LCS closure
in this region during the 2008 first
trimester.
The preferred LCS management
measures that are finalized in this action
would be in place from January 1, 2008,
until Amendment 2 to the Consolidated
HMS FMP is finalized and effective
even if that date is after the end of the
2008 first trimester season on April
30th. The preferred alternative would
provide positive ecological benefits by
eliminating directed fishing effort and
possession of LCS in any region.
Eliminating this directed fishery from
all regions would provide the most
ecological benefits to overfished sandbar
and dusky shark populations and
reduce fishing pressure on other LCS
species, relative to Alternative 1 (no
action). Positive ecological impacts
would result from these closures for
incidental and protected species,
particularly for sea turtles as 64 percent
of annual sea turtles interactions occur
in the BLL fishery between January and
April. Therefore, the ecological benefits
of keeping the LCS fishery closed in all
regions until Amendment 2 to the HMS
FMP is effective may outweigh the
potential economic impacts associated
with the closure.
Furthermore, the LCS quotas for the
2007 merged second and third seasons
in the Gulf of Mexico and South
Atlantic regions are 83.1 mt dw and
163.70 mt dw, respectively. The LCS
quota for the second season in the North
Atlantic region is 69 mt dw. As of July
31, 2007, preliminary landings data
from federal dealers indicate that there
were 144.6 mt dw landed in the Gulf of
Mexico despite a season that begins on
September 1 and closes on September
22, 2007. These landings have exceeded
the federal quota of 83.1 mt dw and can
be primarily attributed to landings of
sharks caught in state waters and sold
to federal dealers. In the South Atlantic
region, the LCS season was open from
July 15 through August 15, 2007. As of
July 31, 2007, there were 35.8 mt dw of
LCS landed and reported by federal
dealers. In the North Atlantic region,
there were 74.8 mt dw landed which
exceeds the federal quota of 69 mt dw.
As federal dealer reports continue to be
submitted in each region and the LCS
season in the Gulf of Mexico is open
from September 1–22, 2007, it is likely
there will be extensive overharvests of
LCS in the 2007 second and third
seasons. Under current regulations, any
over– or underharvest that occurs in the
2007 second and third trimester season
would need to be taken into account
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55731
during the 2008 second trimester
season. However, as mentioned above,
the LCS closure in each region resulting
from this proposed rule would remain
effective until Amendment 2 to the
HMS FMP is finalized and effective.
There would be no additional regulatory
action to determine LCS quotas and
season lengths for the 2008 second
trimester season.
Besides the no action alternative
(alternative 1) and the preferred
alternative (alternative 3), NMFS also
considered alternative 2, which would
combine the regions into one region.
Under this alternative, the quota would
be 78 mt dw for this one region and the
season would be open for six days.
NMFS did not prefer this alternative
because negative consequences of
establishing a single region combined
with a substantially shortened season
might include derby–style fishing and
safety at sea concerns, as well as
decreased fishing efficiency with
resulting decreased survival rates for
bycatch. Additionally, negative
ecological impacts to overfished shark
species could occur if all regions were
combined and opened for a short time
period as proposed under this
alternative.
SCS Quota Adjustments and Season
Notification
Consistent with 50 CFR
635.27(b)(1)(iv), the annual SCS quota
(454 mt dw) is split among the regions
as follows: 48 percent to the Gulf of
Mexico region, 49 percent to the South
Atlantic region and 3 percent to the
North Atlantic region. Also consistent
with 50 CFR 635.27 (b)(1)(vi)(A)(3), the
SCS quota for the Gulf of Mexico and
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 of 4,
88 and 8 percent for the first, second,
and third trimester seasons,
respectively.
There were no overharvests of SCS in
any region during the 2007 first
trimester season. Under the current
regulations, the SCS 2008 first trimester
season quotas would be 354.9 mt dw
(782,413 lb dw) in the South Atlantic
region, 73.2 mt dw (161,377 lb dw) in
the Gulf of Mexico region, and 19.3 mt
dw (42,549 lb dw) in the North Atlantic
region. The SCS season would open on
January 1, 2008 and would close when
quotas are projected to be reached with
a notification filed at the Office of the
Federal Register by the Assistant
Administrator (AA), consistent with 50
CFR 635.28(b)(2). Table 2 describes the
proposed adjusted quotas and seasons
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Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Proposed Rules
for SCS for the various regions for the
2008 first trimester season adjusted for
underharvests that occurred during the
2007 first trimester season (Table 1).
If Amendment 2 to the HMS FMP is
not final and effective by the start of the
2008 second trimester season, the SCS
fishery would open on May 1, 2008,
with the baseline quotas of 12 mt dw in
the North Atlantic region, 74.1 mt dw in
the South Atlantic region, and 72.6 mt
dw in the Gulf of Mexico region.
Pelagic Shark Quota Adjustments and
Season Notification
Existing regulations do not allow
underharvests of pelagic sharks to be
carried forward to the next fishing
management period. As of July 31, 2007,
approximately 30.7 mt dw were
reported landed in the 2007 first
trimester fishing season in total for
pelagic, blue, and porbeagle sharks
combined. Thus, the pelagic shark quota
does not need to be reduced consistent
with the current regulations 50 CFR
635.27(b)(1)(vi)(B). The 2008 first
trimester season quotas for pelagic, blue,
and porbeagle sharks are proposed 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 (Table 2). The
pelagic shark season would open on
January 1, 2008 and would close when
quotas are projected to be reached with
a notification filed at the Office of the
Federal Register by the AA, consistent
with 50 CFR 635.28(b)(2). If
Amendment 2 to the HMS FMP is not
final and effective by the start of the
2008 second trimester, the pelagic shark
fishery would open on May 1, 2008,
with the baseline quotas.
TABLE 2. SEASONS AND QUOTAS FOR LCS, SCS AND PELAGIC SHARKS FOR THE FIRST TRIMESTER OF 2008. ALL
QUOTAS AND LANDINGS ARE IN METRIC TONS, DRESSED WEIGHT.
2007 1st Tri.
Landings
+/- Under/
Over Harvest
2008 Adjusted Quota
Proposed
Season
Gulf of
Mexico
(52 %)
176.1
62.3
187.4
-125.1
51
(112,435 lb
dw)
CLOSED
138.9
-112.9
9.7
-122.6
16.3
(35,935 lb
dw)
CLOSED
2.8
7.9
0
+7.9
10.7
(23,589 lb
dw)
CLOSED
Gulf of
Mexico
(48 %)
72.6
15.1
14.5
+0.6
73.2
(161,377 lb
dw)
Jan. 1, 2008
- To be determined
74.1
308.4
27.6
+280.8
354.9
(782,413 lb
dw)
North Atlantic
(3 %)
Blue Sharks (273)
2007 1st Tri.
Quota
South Atlantic
(49 %)
Small Coastal Sharks (454)
Base Tri.
Quota
North Atlantic
(7 %)
Large Coastal Sharks (1,017)
Region
(Allocation)
South Atlantic
(41 %)
Species Group
(Annual Quota)
.54
18.8
0
+18.8
19.3
(42,549 lb
dw)
No regional
quotas
91.0
30.7
91.0
Not applicable
91.0
(200,618 lb
dw)
Porbeagle sharks (92)
30.7
30.7
30.7
(67,681 lb
dw)
Pelagic Sharks other than
Porbeagle or blue (488)
162.7
162.7
162.7
(358,688 lb
dw)
Request for Comments
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Jan. 1, 2008
- To be determined
Comments on this proposed rule may
be submitted at the public hearing (oral
or written), via email, mail, or fax until
October 31, 2007. NMFS will hold one
public hearing (see DATES and
ADDRESSES) to receive comments from
fishery participants and other members
of the public regarding this proposed
rule. This hearing will be physically
accessible to people with disabilities.
Request for sign language interpretation
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or other auxiliary aids should be
directed to LeAnn Southward Hogan at
(301) 713–2347 prior to the hearing
date. The public is reminded that NMFS
expects participants at the public
hearings to conduct themselves
appropriately. At the beginning of each
meeting, a representative of NMFS will
explain the ground rules (e.g., alcohol is
prohibited from the hearing room;
attendees will be called to give their
comments in the order in which they
register to speak; and the attendees
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should not interrupt one another). The
NMFS representative will attempt to
structure the meeting so that all
attending members of the public will be
able to comment, if they so choose.
Attendees are expected to respect the
ground rules, and, if they do not, they
will be asked to leave the meeting. For
individuals unable to attend a hearing,
NMFS also solicits written comments on
this proposed rule (see DATES and
ADDRESSES).
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Classification
NMFS has preliminarily determined
that this action is consistent with
section 304(b)(1) of the MagnusonStevens Act, including the National
Standards, and other applicable law.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
In compliance with Section 603 of the
Regulatory Flexibility Act, an Initial
Regulatory Flexibility Analysis was
prepared for this rule. The IRFA
analyzes the anticipated economic
impacts of the preferred actions and any
significant alternatives to the proposed
rule that could minimize economic
impacts on small entities. A summary of
the IRFA is below. The full IRFA and
analysis of economic and ecological
impacts, are available from NMFS (see
ADDRESSES).
In compliance with section 603(b)(1)
of the Regulatory Flexibility Act, the
purpose of this proposed rulemaking is,
consistent with the Magnuson-Stevens
Act, to adjust the LCS and SCS regional
and trimester quotas and propose season
lengths for LCS, SCS, and pelagic sharks
for the first trimester of 2008 based on
under- and overharvests that occurred
during the first trimester of 2007. This
rule does not change the overall annual
base quotas.
In compliance with section 603(b)(2)
of the Regulatory Flexibility Act, the
objective of the proposed rulemaking is,
to ensure that the season lengths and
quotas for the first trimester of 2008 for
LCS, SCS, and pelagic sharks are in
place by January 1, 2008, and remain
effective until Amendment 2 of the
HMS FMP is effective. There will be no
regulatory action to determine quotas
and season lengths for LCS, SCS and
pelagic sharks for the 2008 second
trimester season even if Amendment 2
is finalized after May 1, 2008, the start
of the second trimester season.
Section 603(b)(3) requires Agencies to
provide an estimate of the number of
small entities to which the rule would
apply. This rule could directly affect
commercial shark fishermen on the
Atlantic Ocean in the United States.
There are approximately 529 (231
directed and 298 incidental) shark
permit holders. Additionally,
approximately 269 commercial shark
dealers could be indirectly affected by
this proposed rule. All of these permit
holders and dealers are considered
small entities according to the Small
Business Administration(s standard for
defining a small entity. Other small
entities involved in HMS fisheries such
as processors, bait houses, and gear
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manufacturers might also be indirectly
affected by the proposed regulations.
This proposed rule does not contain
any new reporting, recordkeeping, or
other compliance requirements (5 U.S.C.
603 (b)(4)). Similarly, this proposed rule
would not conflict, duplicate, or overlap
with other relevant Federal rules (5
U.S.C. 603(b)(5)).
One of the requirements of an IRFA,
under Section 603 of the Regulatory
Flexibility Act, is to describe any
alternatives to the proposed rule that
accomplish the stated objectives and
that minimize any significant economic
impacts (5 U.S.C. 603(c)). Additionally,
the Regulatory Flexibility Act (5 U.S.C.
603 (c)(1) through (4)) lists four
categories for alternatives that must be
considered. These categories are: (1)
establishment of differing compliance or
reporting requirements or timetables
that take into account the resources
available to small entities; (2)
clarification, consolidation, or
simplification of compliance and
reporting requirements under the rule
for such small entities; (3) use of
performance rather than design
standards; and (4) exemptions from
coverage for small entities.
In order to meet the objectives of this
proposed rule, consistent with
Magnuson-Stevens Act, NMFS cannot
exempt small entities or change the
reporting requirements only for small
entities. Thus, there are no alternatives
discussed that fall under the first and
fourth categories described above. In
addition, none of the alternatives
considered would result in additional
reporting or compliance requirements
(category two above). NMFS does not
know of any performance or design
standards that would satisfy the
aforementioned objectives of this
rulemaking while, concurrently,
complying with the Magnuson-Stevens
Act. As described below, NMFS
analyzed three different alternatives in
this proposed rulemaking and provides
justification for selection of the
preferred alternative to achieve the
desired objective.
The alternatives included: maintain
existing procedures for LCS and SCS
quota management (alternative 1, No
Action), combine the LCS regions and
quotas and maintain status quo for SCS
(alternative 2), and close all regions to
LCS fishing during the 2008 first
trimester season until Amendment 2 to
the HMS FMP effective and maintain
modified status quo for SCS (alternative
3, preferred).
Alternative 1 is considered the no
action alternative since it would
maintain existing procedures for
addressing regional trimester over– and
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Sfmt 4702
55733
underharvests of LCS and SCS when
establishing the regional quotas and
seasons for the first trimester season of
2008. This alternative is not preferred in
part because it could result in negative
ecological impacts for LCS compared to
the preferred alternative. The
unexpected magnitude of the 2006 first
trimester overharvest would result in no
commercial fishing for LCS in the South
Atlantic region during the first trimester
of 2008 for the second consecutive year
since the available adjusted quota of
16.3 mt dw would be taken in
approximately one day.
If not for the overharvests in 2006 and
2007, the LCS 2008 first trimester base
quota allocation would have been 138.9
mt dw in the South Atlantic region.
Instead, the adjusted quota under the no
action alternative would be 16.3 mt dw,
which is 122.6 mt dw less than it would
have been under the base quota
allocation. However, 112.9 mt dw of the
122.6 mt dw total overharvest was
carried over from the 2006 first trimester
overharvest. Despite a closure in the
South Atlantic region during the 2007
first trimester season, 9.7 mt dw was
landed by fishermen fishing in state
waters. The 9.7 mt dw, when added to
the 112.9 mt dw 2006 overharvest quota
equals 122.6 mt dw of overharvest that
must be accounted for during the 2008
first trimester. Because of the small 2008
adjusted quota, no fishing season is
feasible due to safety at sea concerns
and potential derby fishing conditions.
Based on the ex–vessel prices per pound
dw by region in 2006 of $0.46 per
pound dw of LCS flesh and $16.20 per
pound for shark fins in the South
Atlantic region, the value of the 122.6
mt dw reduction from the baseline
quota allocation is approximately
$53,576 for LCS flesh (95 percent of the
quota weight) and $99,306 for shark fins
(based on the 5 percent shark fin to
carcass ratio). Therefore, the total 2006
and 2007 overharvest is estimated to
have a direct revenue impact on the
South Atlantic regional commercial
shark fishery of approximately
$152,882. Based on the ex–vessel prices
listed above for LCS flesh and fins, the
overharvest of 9.7 mt dw from the first
trimester of 2007 is approximately
$12,096. Based on the January catch
rates and the amount of quota taken
during federal closures, the available
quota for 2008 is 16.3 mt dw, which
would likely be taken in one day.
Therefore, the South Atlantic region
would be closed during the 2008 first
trimester season. In addition to the lost
revenue from the 2006 and 2007
overharvests, the closure would lead to
an additional loss in revenue of
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approximately $7,121 for LCS flesh (95
percent of the 16.3 mt dw) and $13,122
for shark fins (based on the 5 percent
shark fin to carcass ratio). Therefore, a
closure during the 2008 first trimester
season in the South Atlantic region for
two consecutive years would result in
continued disrupted revenue flows and
negative economic impacts.
If not for the 125.1 mt dw overharvest
in the first trimester of 2007 in the Gulf
of Mexico region, the 2008 first
trimester available quota would have
been 176.1 mt of LCS in the Gulf of
Mexico region. Due to this overharvest,
the adjusted LCS quota is 51 mt dw in
the Gulf of Mexico region. To estimate
the value of changes in revenues from
the 2008 available quota, the actual ex–
vessel prices received for 2006 were
available, those prices were used to
calculate the ‘‘extra’’ revenues generated
from the overharvest in the first
trimester of 2007. Based on the ex–
vessel prices per pound dw by region in
2006 of $0.47 per pound dressed weight
of LCS flesh and $20.65 per pound for
shark fins in the Gulf of Mexico region,
the value of the 125.1 mt dw reduction
from the baseline quota allocation is
approximately $55,855 for LCS flesh (95
percent of the quota weight) and
$129,166 for shark fins (based on the 5
percent shark fin to carcass ratio).
Therefore, the 2007 first trimester
overharvest is estimated to have a direct
revenue impact on the Gulf of Mexico
regional commercial shark fishery of
approximately $185,021. However, the
125.1 mt dw overharvest was primarily
due to landings from fishermen fishing
in state waters. As such, federal
fishermen did not benefit from the
overharvest in the 2007 first trimester
season. With a 2008 adjusted quota of
51 mt dw, the Gulf of Mexico region
would have a short season that would
last for five days. Using the ex–vessel
prices as above for the Gulf of Mexico
region , the value of this 51 mt dw
adjusted quota for the first trimester of
2008 is approximately $22,772 for LCS
flesh (95 percent of the quota weight)
and $52,658 for shark fins (based on the
5 percent shark fin to carcass ratio).
Therefore the estimated revenue for the
2008 first trimester season would be
approximately $75,430. While there
may be slight positive economic impacts
as a result of a limited LCS season in the
Gulf of Mexico coupled with a South
Atlantic LCS closure causing prices to
increase, the intense fishing period may
also cause a temporary glut in the
market for that period of time for shark
products. It could also lead to less
efficient fishing operations that may
reduce the quality of the shark products
VerDate Aug<31>2005
18:12 Sep 28, 2007
Jkt 214001
landed causing a reduction in ex–vessel
prices of shark products. Overall, the
small amount of LCS quota available
and short season would result in
negative economic impacts in the Gulf
of Mexico region.
The LCS quota in the North Atlantic
region for the first trimester season of
2008 would be 10.7 mt dw. The ex–
vessel prices only provide the value of
LCS flesh in the North Atlantic region
and not the value for shark fins,
therefore an average of $18.43 was taken
of the ex–vessel price for shark fins in
the South Atlantic and Gulf of Mexico
regions to calculate approximate
revenue from the available quota. The
approximate value of the 10.7 mt dw
quota allocation for the 2008 first
trimester season in the North Atlantic
region would be $13,415.
Overall, the negative economic impact
of the reduced LCS quota for the Gulf
of Mexico region would result in
$75,430 in reduced revenues for the first
trimester of 2008. Due to the LCS
closure in the South Atlantic region, a
negative economic impact totaling
$20,243 in lost revenues would occur.
There were extra revenues received
worth $337,903 as a result of the
extensive LCS overharvests in the South
Atlantic and Gulf of Mexico regions.
Since a majority of these overharvest
landings were from state landings,
particularly in the Gulf of Mexico
region, many federal fishermen did not
benefit from this overharvest revenue.
Some of the impacts from these reduced
revenues might be mitigated somewhat
for vessels that can fish for SCS and
pelagic sharks or in other HMS and
non–HMS fisheries. However, these
opportunities would likely be limited
and result in additional costs associated
with adjusting current fishing practices.
With regards to SCS, alternative 1
would maintain existing procedures for
addressing regional trimester over– and
underharvests for SCS when
establishing the regional quotas and
seasons for the first trimesters of 2008.
There were no overharvests of SCS in
any region during the 2007 first
trimester season. No change in
economic impacts would be realized in
the North Atlantic, South Atlantic, and
Gulf of Mexico regions since these
regions would be open, with ample
quota, during the first trimester of 2008
under the no action alternative. Based
on the ex–vessel price per pound per of
SCS in the North Atlantic, South
Atlantic, and Gulf of Mexico regions
potential revenue for flesh would be
$0.43, $0.55, and $0.53, respectively.
Potential revenue from SCS may help
offset lost revenue in the LCS fishery
due to short seasons and a closure.
PO 00000
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Fmt 4702
Sfmt 4702
NMFS does not prefer the no action
alternative because the substantially
shortened LCS season in the Gulf of
Mexico region might lead to derby–style
fishing and safety at sea concerns as
well as decreased fishing efficiency with
resulting decreased survival rates for
bycatch. If the Gulf of Mexico region
was open for five days as proposed
under the no action alternative,
overfishing could continue to occur
leading to negative ecological impacts to
shark species that are overfished.
Alternative 2 would combine the
North Atlantic, South Atlantic and Gulf
of Mexico regions for the LCS fishery
into one region. The adjusted quota for
the one LCS region would be 78 mt dw,
which is 239.8 mt dw less than the base
quota allocation in each region added
together (317.8 mt dw). Based on total
ex–vessel annual revenues in 2005
(Table 6.3) of $0.48 per pound dress
weight of flesh and $17.94 per pound of
shark fins in all regions combined, the
value of the 239.8 mt dw reduction from
the baseline quota allocation in all the
regions is approximately $109,349 for
LCS flesh (95 percent of the quota
weight) and $215,101 for shark fins
(based on the 5 percent shark fin to
carcass ratio). Therefore, the 2007 first
trimester overharvest in the South
Atlantic and Gulf of Mexico regions is
estimated to have a direct revenue
impact on the LCS commercial fishery,
when combining the regions, of
approximately $324,450. The value of
the 78 mt dw combined quota that
would allow the season to be open for
six days is approximately $35,568 for
LCS flesh (95 percent of the quota
weight) and $69,966 for shark fins
(based on the 5 percent shark fin to
carcass ratio). Therefore, the estimated
revenue for the LCS 2008 first trimester
season under alternative 2, with all
regions combined would be
approximately $105,534. Derby style
fishing conditions and safety at sea
concerns may occur through the
shortened season causing negative
social impacts. The six day season may
cause a temporary glut in the market
and therefore a reduction in the ex–
vessel price of shark products or less
efficient fishing operations thus
reducing the quality of the shark
products landed. Under these
conditions, it is likely the estimated
revenue for all regions would be less
than $105,534. Combining the regions
would likely have negative economic
impacts on regions that do not have
sharks present year round. The North
Atlantic region may be disadvantaged as
a result of combining the three regions
into one region. Dealers in all regions,
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but particularly in the North Atlantic
region, would also be affected, possibly
even more so than vessels, as the
likelihood of having shark products
consistently would be decreased.
Overall, negative economic impacts
would result from the small amount of
LCS quota available and the short
season in all regions. Under alternative
2, the SCS fishery would remain the
same as in the no action alternative and
no adverse economic impacts are
expected since these regions would be
open, with ample quota, throughout the
entire first trimester of 2008.
NMFS did not prefer this alternative
because negative consequences of
establishing a single region combined
with a substantially shortened season
might include derby–style fishing and
safety at sea concerns as well as
decreased fishing efficiency with
resulting decreased survival rates for
bycatch. Additionally, negative
ecological impacts to overfished shark
species could occur if all regions were
combined and opened for a short time
period as proposed under Alternative 2.
Alternative 3, the preferred alternative
would close the LCS fishery in all
regions until Amendment 2 to the HMS
FMP is effective. The SCS fishery would
be open in all three regions on January
1, 2008, and no adverse economic
impacts are expected since these regions
would be open, with ample quota,
throughout the first trimester of 2008.
Under this alternative, the North
Atlantic, South Atlantic, and Gulf of
Mexico regions would be closed to LCS
fishing for entire first trimester season
and possibly longer depending on when
Amendment 2 becomes effective.
However, under the no action
alternative, the South Atlantic region
would be closed during the 2008 first
trimester and the Gulf of Mexico region
would only be open for five days
starting January 1. The North Atlantic
region would be open for the entire
2008 first trimester season (although,
from 2004–2007 only an average of 0.4
mt dw was landed in this region during
the entire first trimester season).
VerDate Aug<31>2005
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Jkt 214001
Because LCS are not typically in the
North Atlantic region during the first
trimester and due to the small landings
in this region during the first trimester,
it is not expected that the North Atlantic
would benefit economically from the
10.7 mt dw of quota available for the
2008 first trimester. Therefore, closing
all three regions as proposed in the
preferred alternative would not have a
much greater economic impact than the
no action alternative. The estimated
revenue from the 51 mt dw quota in the
Gulf of Mexico for the 2008 first
trimester season under alternative 1,
would be approximately $75,430, which
would be the approximate revenue lost
due to all regions being closed to LCS
fishing during the 2008 first trimester
season. The South Atlantic region
would also experience economic
impacts associated with this alternative,
however, these impacts would not be
different from those described in the no
action alternative. Atlantic shark
fishermen may pursue other options as
a result of closing the LCS fishery for
the 2008 first trimester including
transferring fishing effort to other
fisheries for which they are permitted,
acquiring new permits to participate in
other fisheries or relinquishing their
permits and leaving the fishing
industry.
NMFS prefers this alternative because
overall, the ecological benefits of
keeping the LCS fishery closed in all
regions until Amendment 2 to the HMS
FMP is effective may outweigh the
economic impacts associated with the
closure due to the overfished status of
sandbar and dusky sharks. The LCS
closure would also provide positive
ecological benefits to other shark
species, along with any incidental and
protected species.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels,
Foreign relations, Imports, Penalties,
Reporting and recordkeeping
requirements, Treaties.
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55735
Dated: September 25, 2007.
William T. Hogarth
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
For reasons set out in the preamble,
50 CFR part 635 is proposed to be
amended as follows:
PART 635—ATLANTIC HIGHLY
MIGRATORY SPECIES
1. The authority citation for part 635
continues to read as follows:
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.
1801 et seq.
2. In § 635.27, paragraphs (b)(1)(i) and
(b)(1)(vi)(A) introductory text are
revised to read as follows:
§ 635.27
Quotas.
*
*
*
*
*
(b) * * *
(1) * * *
(i) Fishing seasons. The commercial
quotas for large coastal sharks, small
coastal sharks, and pelagic sharks will
be split among three fishing seasons:
January 1 through April 30, May 1
through August 31, and September 1
through December 31. NMFS may
consider merging or closing any of the
fishing seasons pursuant to paragraph
(b)(1)(vi) of this section.
*
*
*
*
*
(vi) Annual adjustments. (A) NMFS
will adjust the next year(s fishing season
quotas for large coastal, small coastal,
and pelagic sharks to reflect actual
landings during any fishing season in
any particular region. For example, a
commercial quota underharvest or
overharvest in the fishing season in one
region that begins January 1 will result
in an equivalent increase or decrease in
the following year(s quota for that
region for the fishing season that begins
January 1. NMFS may consider merging
or closing any of the fishing seasons and
relevant quotas in any region when
there is limited available quota in one
or more seasons.
*
*
*
*
*
[FR Doc. E7–19378 Filed 9–28–07; 8:45 am]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 72, Number 189 (Monday, October 1, 2007)]
[Proposed Rules]
[Pages 55729-55735]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19378]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 070803437-7439-01]
RIN 0648-AV93
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 2008 first trimester
season quotas for large coastal sharks (LCS), small coastal sharks
(SCS), and pelagic sharks based on over- or underharvests from the 2007
first trimester season. This proposed action would provide advance
notice of quotas and season dates for the Atlantic commercial shark
fishery. It would also ensure the measures in this action are in place
until they are replaced by those implemented under Amendment 2 to the
Highly Migratory Species (HMS) Fisheries Management Plan (FMP) even if
Amendment 2 is finalized after the start of the second trimester season
(May 1, 2008). As such, this action constitutes the regulatory action
to determine quotas and season lengths for LCS, SCS and pelagic sharks
for the 2008 second trimester season.
DATES: Comments on this proposed rule may be submitted at the public
hearing (oral or written), via email, mail, or fax by October 31, 2007.
A public hearing will be held from 7-9 p.m. on October 3, 2007.
ADDRESSES: You may submit comments, identified by [0648-AV93], by any
one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal https://www.regulations.gov
Fax: 301-713-1917, Attn:[LeAnn Southward Hogan]
Mail: 1315 East West Highway, Silver Spring, MD 20910
Please mark on the outside of the envelope ``Comments on Proposed
Rule for 2008 First Trimester Season Lengths and Quotas''.
Instructions: All comments received are a part of the public record
and will generally be posted to https://www.regulations.gov without
change. All Personal Identifying Information (for
[[Page 55730]]
example, name, address, etc.) voluntarily submitted by the commenter
may be publicly accessible. Do not submit Confidential Business
Information or otherwise sensitive or protected information.
NMFS will accept anonymous comments. Attachments to electronic
comments will be accepted in Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
The hearing location will be held at the NOAA Science Center, 1305
East West Highway, Silver Spring, MD 20910.
Copies of the draft Environmental Assessment (EA) and other
relevant documents are available from the HMS website https://
www.nmfs.noaa.gov/sfa/hms/ or by contacting LeAnn Southward Hogan (see
FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: LeAnn Southward Hogan or Karyl
Brewster-Geisz by phone: 301-713-2347 or by fax: 301-713-1917.
SUPPLEMENTARY INFORMATION:
Background
The Atlantic shark fishery is managed under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). NMFS recently finalized a Consolidated Atlantic HMS FMP
that consolidated and replaced previous FMPs for Atlantic Billfish, and
Atlantic Tunas, Swordfish, and Sharks. The HMS FMP is implemented by
regulations at 50 CFR part 635.
Currently, the Atlantic shark annual quotas, with the exception of
pelagic sharks, are split among three regions based on historic
landings (1999 -2003). Consistent with 50 CFR 635.27(b)(1)(iii) and
(iv), 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: 48
percent to the Gulf of Mexico, 49 percent to the South Atlantic, and 3
percent to the North Atlantic. The regional quotas for LCS and SCS are
divided equally between the trimester seasons in the South Atlantic and
the Gulf of Mexico, and according to historical landings in the North
Atlantic.
Consistent with 50 CFR 635.27(b)(1)(vi), any over- or underharvest
in a given region from the 2007 first trimester season will be carried
over to the 2008 first trimester season in that region.
2007 First Trimester Landings
Shark landings data for the 2007 first trimester season are
provided in Table 1. As a result of the over- and underharvests that
occurred in the first trimester season of 2007, NMFS analyzed
alternatives to adjust the 2008 first trimester season and quotas for
the LCS and SCS fishery.
Table 1--Landings in metric tons dressed weight (mt dw) for the 1\st\
trimester season of 2007. Landings estimates are based on dealer reports
received as of July 31, 2007.
------------------------------------------------------------------------
First Trimester Season 2007
-------------------------------------------------------------------------
Species Group Estimated
(Annual Quota, mt Region Quota (mt Landings Percent
dw) (Allocation) dw) (mt dw) Quota Taken
------------------------------------------------------------------------
Large Coastal Gulf of 62.3 187.4 300
Sharks (1,017) Mexico (52
%)
-----------------------------------------------------
South -112.9 9.7 -
Atlantic (41
%)
-----------------------------------------------------
North 7.9 0 0
Atlantic (7
%)
------------------------------------------------------------------------
Small Coastal Gulf of 15.1 14.5 96
Sharks (454) Mexico (10
%)
-----------------------------------------------------
South 308.4 27.6 9
Atlantic (87
%)
-----------------------------------------------------
North 18.8 0 0
Atlantic (3
%)
------------------------------------------------------------------------
Blue Sharks (273) No regional 91 0 0
quotas
------------------- --------------------------------------
Porbeagle sharks ............. 30.7 0.1 0.3
(92)
------------------- --------------------------------------
Pelagic Sharks ............. 162.7 30.6 18.8
other than those
above (488)
------------------------------------------------------------------------
Quota Adjustments in the LCS and SCS Fishery
NMFS conducted an Environmental Assessment (EA) to analyze three
LCS and SCS alternatives for adjusting regional trimester quotas and
other management measures based on the over- and underharvests that
occurred in the LCS and SCS fisheries in the North Atlantic, South
Atlantic and Gulf of Mexico regions during the 2007 first trimester
season.
These measures are necessary to ensure that over- and underharvests
from 2007 are accounted for and any impacts are analyzed. The base
quotas established in Amendment 1 to the 1999 FMP for Atlantic Tunas,
Swordfish, and Sharks and maintained in the Consolidated HMS FMP would
not be affected by this rulemaking. Rather, the LCS base quotas would
be changed via the final Amendment 2 to the Consolidated HMS FMP and
its final rule. Based on the 2005 Canadian porbeagle stock assessment,
the 2006 dusky shark stock assessment and the 2005/2006 LCS stock
assessment, NMFS has determined that a number of shark species are
overfished and overfishing is occurring and an amendment to the HMS FMP
is needed to implement management measures to rebuild overfished stocks
and prevent overfishing. The management measures proposed in the draft
Amendment 2 to the HMS FMP would reduce fishing effort and mortality to
rebuild overfished Atlantic shark species while ensuring that a limited
shark fishery can be maintained. The final Amendment 2 to the HMS FMP
is expected to be published in late winter or early spring 2008.
[[Page 55731]]
LCS Quota Adjustments and Fishing Season Notification
Consistent with 50 CFR 635.27(b)(1)(vi)(A)(3), the LCS quota for
the Gulf of Mexico and South Atlantic regions is split equally (33.3
percent/season) between the three trimester fishing seasons, and the
quota for the North Atlantic is split according to historical landings
of 4, 88, and 8 percent for the first, second, and third trimester
seasons, respectively. Due to LCS overharvests that occurred in both
the Gulf of Mexico and South Atlantic regions during the first
trimesters of 2006 and 2007, the LCS quotas for these regions and
season have been significantly reduced from the baseline quotas. Table
2 describes the adjusted LCS quotas based on the 2007 first trimester
overharvests.
Under alternative 1 (no action) the Gulf of Mexico region would
have a quota of 51 mt dw (112,435 lb dw) and would have a five day
season, and the North Atlantic region would have a quota of 10.7 mt dw
(23,589 lb dw) and would be open for the entire first season of 2008.
The South Atlantic region would have a quota of 16.3 mt dw (35,935 lb
dw). However, based upon historical (2004-2007) average catch rates and
landings that occurred during federal closures during the first
trimester, 96.9 percent of the quota would be harvested if the season
was open for one day. Therefore, due to safety at sea concerns and
possible derby fishing conditions, the LCS fishery in the South
Atlantic region would be closed for the 2008 first trimester season
under the no action alternative.
Under alternative 3 (the preferred alternative), NMFS would close
the LCS fishery in the Gulf of Mexico, South Atlantic, and North
Atlantic regions during the 2008 first trimester season until Amendment
2 to the HMS FMP is effective. Closing the LCS fishery during the 2008
first trimester season would be the second consecutive year that NMFS
closed the LCS fishery in the South Atlantic region during the first
trimester. As a result, the South Atlantic region commercial LCS
fishermen would continue to experience negative social and economic
impacts associated with these management measures.
A closure in the Gulf of Mexico region could avoid safety at sea
concerns and possible derby fishing condition that may occur as a
result of the five day season (no action alterative).
In the North Atlantic region from 2004-2007 an average of 0.4 mt dw
was landed during the entire first trimester season. Thus, due to the
historically small landings in this region during the first trimester,
NMFS does not expect that the North Atlantic region would be negatively
impacted from a LCS closure in this region during the 2008 first
trimester.
The preferred LCS management measures that are finalized in this
action would be in place from January 1, 2008, until Amendment 2 to the
Consolidated HMS FMP is finalized and effective even if that date is
after the end of the 2008 first trimester season on April 30th. The
preferred alternative would provide positive ecological benefits by
eliminating directed fishing effort and possession of LCS in any
region. Eliminating this directed fishery from all regions would
provide the most ecological benefits to overfished sandbar and dusky
shark populations and reduce fishing pressure on other LCS species,
relative to Alternative 1 (no action). Positive ecological impacts
would result from these closures for incidental and protected species,
particularly for sea turtles as 64 percent of annual sea turtles
interactions occur in the BLL fishery between January and April.
Therefore, the ecological benefits of keeping the LCS fishery closed in
all regions until Amendment 2 to the HMS FMP is effective may outweigh
the potential economic impacts associated with the closure.
Furthermore, the LCS quotas for the 2007 merged second and third
seasons in the Gulf of Mexico and South Atlantic regions are 83.1 mt dw
and 163.70 mt dw, respectively. The LCS quota for the second season in
the North Atlantic region is 69 mt dw. As of July 31, 2007, preliminary
landings data from federal dealers indicate that there were 144.6 mt dw
landed in the Gulf of Mexico despite a season that begins on September
1 and closes on September 22, 2007. These landings have exceeded the
federal quota of 83.1 mt dw and can be primarily attributed to landings
of sharks caught in state waters and sold to federal dealers. In the
South Atlantic region, the LCS season was open from July 15 through
August 15, 2007. As of July 31, 2007, there were 35.8 mt dw of LCS
landed and reported by federal dealers. In the North Atlantic region,
there were 74.8 mt dw landed which exceeds the federal quota of 69 mt
dw. As federal dealer reports continue to be submitted in each region
and the LCS season in the Gulf of Mexico is open from September 1-22,
2007, it is likely there will be extensive overharvests of LCS in the
2007 second and third seasons. Under current regulations, any over- or
underharvest that occurs in the 2007 second and third trimester season
would need to be taken into account during the 2008 second trimester
season. However, as mentioned above, the LCS closure in each region
resulting from this proposed rule would remain effective until
Amendment 2 to the HMS FMP is finalized and effective. There would be
no additional regulatory action to determine LCS quotas and season
lengths for the 2008 second trimester season.
Besides the no action alternative (alternative 1) and the preferred
alternative (alternative 3), NMFS also considered alternative 2, which
would combine the regions into one region. Under this alternative, the
quota would be 78 mt dw for this one region and the season would be
open for six days. NMFS did not prefer this alternative because
negative consequences of establishing a single region combined with a
substantially shortened season might include derby-style fishing and
safety at sea concerns, as well as decreased fishing efficiency with
resulting decreased survival rates for bycatch. Additionally, negative
ecological impacts to overfished shark species could occur if all
regions were combined and opened for a short time period as proposed
under this alternative.
SCS Quota Adjustments and Season Notification
Consistent with 50 CFR 635.27(b)(1)(iv), the annual SCS quota (454
mt dw) is split among the regions as follows: 48 percent to the Gulf of
Mexico region, 49 percent to the South Atlantic region and 3 percent to
the North Atlantic region. Also consistent with 50 CFR 635.27
(b)(1)(vi)(A)(3), the SCS quota for the Gulf of Mexico and 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 of 4, 88 and 8 percent
for the first, second, and third trimester seasons, respectively.
There were no overharvests of SCS in any region during the 2007
first trimester season. Under the current regulations, the SCS 2008
first trimester season quotas would be 354.9 mt dw (782,413 lb dw) in
the South Atlantic region, 73.2 mt dw (161,377 lb dw) in the Gulf of
Mexico region, and 19.3 mt dw (42,549 lb dw) in the North Atlantic
region. The SCS season would open on January 1, 2008 and would close
when quotas are projected to be reached with a notification filed at
the Office of the Federal Register by the Assistant Administrator (AA),
consistent with 50 CFR 635.28(b)(2). Table 2 describes the proposed
adjusted quotas and seasons
[[Page 55732]]
for SCS for the various regions for the 2008 first trimester season
adjusted for underharvests that occurred during the 2007 first
trimester season (Table 1).
If Amendment 2 to the HMS FMP is not final and effective by the
start of the 2008 second trimester season, the SCS fishery would open
on May 1, 2008, with the baseline quotas of 12 mt dw in the North
Atlantic region, 74.1 mt dw in the South Atlantic region, and 72.6 mt
dw in the Gulf of Mexico region.
Pelagic Shark Quota Adjustments and Season Notification
Existing regulations do not allow underharvests of pelagic sharks
to be carried forward to the next fishing management period. As of July
31, 2007, approximately 30.7 mt dw were reported landed in the 2007
first trimester fishing season in total for pelagic, blue, and
porbeagle sharks combined. Thus, the pelagic shark quota does not need
to be reduced consistent with the current regulations 50 CFR
635.27(b)(1)(vi)(B). The 2008 first trimester season quotas for
pelagic, blue, and porbeagle sharks are proposed 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 (Table 2). The pelagic shark season would open on
January 1, 2008 and would close when quotas are projected to be reached
with a notification filed at the Office of the Federal Register by the
AA, consistent with 50 CFR 635.28(b)(2). If Amendment 2 to the HMS FMP
is not final and effective by the start of the 2008 second trimester,
the pelagic shark fishery would open on May 1, 2008, with the baseline
quotas.
Table 2. Seasons and Quotas for LCS, SCS and Pelagic Sharks for the First Trimester of 2008. All quotas and
landings are in metric tons, dressed weight.
----------------------------------------------------------------------------------------------------------------
2007
Region Base 1\st\ 2007 1\st\ +/- Under/ 2008 Proposed
Species Group (Annual Quota) (Allocation) Tri. Tri. Tri. Over Adjusted Season
Quota Quota Landings Harvest Quota
----------------------------------------------------------------------------------------------------------------
Large Coastal Sharks (1,017) Gulf of Mexico 176.1 62.3 187.4 -125.1 51 CLOSED
(52 %) (112,435
lb dw)
--------------------------------------------------------------------------------
South Atlantic 138.9 -112.9 9.7 -122.6 16.3 CLOSED
(41 %) (35,935 lb
dw)
--------------------------------------------------------------------------------
North Atlantic 2.8 7.9 0 +7.9 10.7 CLOSED
(7 %) (23,589 lb
dw)
----------------------------------------------------------------------------------------------------------------
Small Coastal Sharks (454) Gulf of Mexico 72.6 15.1 14.5 +0.6 73.2 Jan. 1,
(48 %) (161,377 2008 - To
lb dw) be
determine
d
---------------------------------------------------------------------
South Atlantic 74.1 308.4 27.6 +280.8 354.9 ..........
(49 %) (782,413
lb dw)
---------------------------------------------------------------------
North Atlantic .54 18.8 0 +18.8 19.3 ..........
(3 %) (42,549 lb
dw)
----------------------------------------------------------------------------------------------------------------
Blue Sharks (273) No regional 91.0 30.7 91.0 Not 91.0 Jan. 1,
quotas applicab (200,618 2008 - To
le lb dw) be
determine
d
-------------------------------- --------- ------------ ------------
Porbeagle sharks (92) .............. 30.7 ....... 30.7 ......... 30.7 ..........
(67,681 lb
dw)
-------------------------------- --------- ------------ ------------
Pelagic Sharks other than .............. 162.7 ....... 162.7 ......... 162.7 ..........
Porbeagle or blue (488) (358,688
lb dw)
----------------------------------------------------------------------------------------------------------------
Request for Comments
Comments on this proposed rule may be submitted at the public
hearing (oral or written), via email, mail, or fax until October 31,
2007. NMFS will hold one public hearing (see DATES and ADDRESSES) to
receive comments from fishery participants and other members of the
public regarding this proposed rule. This hearing will be physically
accessible to people with disabilities. Request for sign language
interpretation or other auxiliary aids should be directed to LeAnn
Southward Hogan at (301) 713-2347 prior to the hearing date. The public
is reminded that NMFS expects participants at the public hearings to
conduct themselves appropriately. At the beginning of each meeting, a
representative of NMFS will explain the ground rules (e.g., alcohol is
prohibited from the hearing room; attendees will be called to give
their comments in the order in which they register to speak; and the
attendees should not interrupt one another). The NMFS representative
will attempt to structure the meeting so that all attending members of
the public will be able to comment, if they so choose. Attendees are
expected to respect the ground rules, and, if they do not, they will be
asked to leave the meeting. For individuals unable to attend a hearing,
NMFS also solicits written comments on this proposed rule (see DATES
and ADDRESSES).
[[Page 55733]]
Classification
NMFS has preliminarily determined that this action is consistent
with section 304(b)(1) of the Magnuson-Stevens Act, including the
National Standards, and other applicable law.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
In compliance with Section 603 of the Regulatory Flexibility Act,
an Initial Regulatory Flexibility Analysis was prepared for this rule.
The IRFA analyzes the anticipated economic impacts of the preferred
actions and any significant alternatives to the proposed rule that
could minimize economic impacts on small entities. A summary of the
IRFA is below. The full IRFA and analysis of economic and ecological
impacts, are available from NMFS (see ADDRESSES).
In compliance with section 603(b)(1) of the Regulatory Flexibility
Act, the purpose of this proposed rulemaking is, consistent with the
Magnuson-Stevens Act, to adjust the LCS and SCS regional and trimester
quotas and propose season lengths for LCS, SCS, and pelagic sharks for
the first trimester of 2008 based on under- and overharvests that
occurred during the first trimester of 2007. This rule does not change
the overall annual base quotas.
In compliance with section 603(b)(2) of the Regulatory Flexibility
Act, the objective of the proposed rulemaking is, to ensure that the
season lengths and quotas for the first trimester of 2008 for LCS, SCS,
and pelagic sharks are in place by January 1, 2008, and remain
effective until Amendment 2 of the HMS FMP is effective. There will be
no regulatory action to determine quotas and season lengths for LCS,
SCS and pelagic sharks for the 2008 second trimester season even if
Amendment 2 is finalized after May 1, 2008, the start of the second
trimester season.
Section 603(b)(3) requires Agencies to provide an estimate of the
number of small entities to which the rule would apply. This rule could
directly affect commercial shark fishermen on the Atlantic Ocean in the
United States. There are approximately 529 (231 directed and 298
incidental) shark permit holders. Additionally, approximately 269
commercial shark dealers could be indirectly affected by this proposed
rule. All of these permit holders and dealers are considered small
entities according to the Small Business Administration(s standard for
defining a small entity. Other small entities involved in HMS fisheries
such as processors, bait houses, and gear manufacturers might also be
indirectly affected by the proposed regulations.
This proposed rule does not contain any new reporting,
recordkeeping, or other compliance requirements (5 U.S.C. 603 (b)(4)).
Similarly, this proposed rule would not conflict, duplicate, or overlap
with other relevant Federal rules (5 U.S.C. 603(b)(5)).
One of the requirements of an IRFA, under Section 603 of the
Regulatory Flexibility Act, is to describe any alternatives to the
proposed rule that accomplish the stated objectives and that minimize
any significant economic impacts (5 U.S.C. 603(c)). Additionally, the
Regulatory Flexibility Act (5 U.S.C. 603 (c)(1) through (4)) lists four
categories for alternatives that must be considered. These categories
are: (1) establishment of differing compliance or reporting
requirements or timetables that take into account the resources
available to small entities; (2) clarification, consolidation, or
simplification of compliance and reporting requirements under the rule
for such small entities; (3) use of performance rather than design
standards; and (4) exemptions from coverage for small entities.
In order to meet the objectives of this proposed rule, consistent
with Magnuson-Stevens Act, NMFS cannot exempt small entities or change
the reporting requirements only for small entities. Thus, there are no
alternatives discussed that fall under the first and fourth categories
described above. In addition, none of the alternatives considered would
result in additional reporting or compliance requirements (category two
above). NMFS does not know of any performance or design standards that
would satisfy the aforementioned objectives of this rulemaking while,
concurrently, complying with the Magnuson-Stevens Act. As described
below, NMFS analyzed three different alternatives in this proposed
rulemaking and provides justification for selection of the preferred
alternative to achieve the desired objective.
The alternatives included: maintain existing procedures for LCS and
SCS quota management (alternative 1, No Action), combine the LCS
regions and quotas and maintain status quo for SCS (alternative 2), and
close all regions to LCS fishing during the 2008 first trimester season
until Amendment 2 to the HMS FMP effective and maintain modified status
quo for SCS (alternative 3, preferred).
Alternative 1 is considered the no action alternative since it
would maintain existing procedures for addressing regional trimester
over- and underharvests of LCS and SCS when establishing the regional
quotas and seasons for the first trimester season of 2008. This
alternative is not preferred in part because it could result in
negative ecological impacts for LCS compared to the preferred
alternative. The unexpected magnitude of the 2006 first trimester
overharvest would result in no commercial fishing for LCS in the South
Atlantic region during the first trimester of 2008 for the second
consecutive year since the available adjusted quota of 16.3 mt dw would
be taken in approximately one day.
If not for the overharvests in 2006 and 2007, the LCS 2008 first
trimester base quota allocation would have been 138.9 mt dw in the
South Atlantic region. Instead, the adjusted quota under the no action
alternative would be 16.3 mt dw, which is 122.6 mt dw less than it
would have been under the base quota allocation. However, 112.9 mt dw
of the 122.6 mt dw total overharvest was carried over from the 2006
first trimester overharvest. Despite a closure in the South Atlantic
region during the 2007 first trimester season, 9.7 mt dw was landed by
fishermen fishing in state waters. The 9.7 mt dw, when added to the
112.9 mt dw 2006 overharvest quota equals 122.6 mt dw of overharvest
that must be accounted for during the 2008 first trimester. Because of
the small 2008 adjusted quota, no fishing season is feasible due to
safety at sea concerns and potential derby fishing conditions. Based on
the ex-vessel prices per pound dw by region in 2006 of $0.46 per pound
dw of LCS flesh and $16.20 per pound for shark fins in the South
Atlantic region, the value of the 122.6 mt dw reduction from the
baseline quota allocation is approximately $53,576 for LCS flesh (95
percent of the quota weight) and $99,306 for shark fins (based on the 5
percent shark fin to carcass ratio). Therefore, the total 2006 and 2007
overharvest is estimated to have a direct revenue impact on the South
Atlantic regional commercial shark fishery of approximately $152,882.
Based on the ex-vessel prices listed above for LCS flesh and fins, the
overharvest of 9.7 mt dw from the first trimester of 2007 is
approximately $12,096. Based on the January catch rates and the amount
of quota taken during federal closures, the available quota for 2008 is
16.3 mt dw, which would likely be taken in one day. Therefore, the
South Atlantic region would be closed during the 2008 first trimester
season. In addition to the lost revenue from the 2006 and 2007
overharvests, the closure would lead to an additional loss in revenue
of
[[Page 55734]]
approximately $7,121 for LCS flesh (95 percent of the 16.3 mt dw) and
$13,122 for shark fins (based on the 5 percent shark fin to carcass
ratio). Therefore, a closure during the 2008 first trimester season in
the South Atlantic region for two consecutive years would result in
continued disrupted revenue flows and negative economic impacts.
If not for the 125.1 mt dw overharvest in the first trimester of
2007 in the Gulf of Mexico region, the 2008 first trimester available
quota would have been 176.1 mt of LCS in the Gulf of Mexico region. Due
to this overharvest, the adjusted LCS quota is 51 mt dw in the Gulf of
Mexico region. To estimate the value of changes in revenues from the
2008 available quota, the actual ex-vessel prices received for 2006
were available, those prices were used to calculate the ``extra''
revenues generated from the overharvest in the first trimester of 2007.
Based on the ex-vessel prices per pound dw by region in 2006 of $0.47
per pound dressed weight of LCS flesh and $20.65 per pound for shark
fins in the Gulf of Mexico region, the value of the 125.1 mt dw
reduction from the baseline quota allocation is approximately $55,855
for LCS flesh (95 percent of the quota weight) and $129,166 for shark
fins (based on the 5 percent shark fin to carcass ratio). Therefore,
the 2007 first trimester overharvest is estimated to have a direct
revenue impact on the Gulf of Mexico regional commercial shark fishery
of approximately $185,021. However, the 125.1 mt dw overharvest was
primarily due to landings from fishermen fishing in state waters. As
such, federal fishermen did not benefit from the overharvest in the
2007 first trimester season. With a 2008 adjusted quota of 51 mt dw,
the Gulf of Mexico region would have a short season that would last for
five days. Using the ex-vessel prices as above for the Gulf of Mexico
region , the value of this 51 mt dw adjusted quota for the first
trimester of 2008 is approximately $22,772 for LCS flesh (95 percent of
the quota weight) and $52,658 for shark fins (based on the 5 percent
shark fin to carcass ratio). Therefore the estimated revenue for the
2008 first trimester season would be approximately $75,430. While there
may be slight positive economic impacts as a result of a limited LCS
season in the Gulf of Mexico coupled with a South Atlantic LCS closure
causing prices to increase, the intense fishing period may also cause a
temporary glut in the market for that period of time for shark
products. It could also lead to less efficient fishing operations that
may reduce the quality of the shark products landed causing a reduction
in ex-vessel prices of shark products. Overall, the small amount of LCS
quota available and short season would result in negative economic
impacts in the Gulf of Mexico region.
The LCS quota in the North Atlantic region for the first trimester
season of 2008 would be 10.7 mt dw. The ex-vessel prices only provide
the value of LCS flesh in the North Atlantic region and not the value
for shark fins, therefore an average of $18.43 was taken of the ex-
vessel price for shark fins in the South Atlantic and Gulf of Mexico
regions to calculate approximate revenue from the available quota. The
approximate value of the 10.7 mt dw quota allocation for the 2008 first
trimester season in the North Atlantic region would be $13,415.
Overall, the negative economic impact of the reduced LCS quota for
the Gulf of Mexico region would result in $75,430 in reduced revenues
for the first trimester of 2008. Due to the LCS closure in the South
Atlantic region, a negative economic impact totaling $20,243 in lost
revenues would occur. There were extra revenues received worth $337,903
as a result of the extensive LCS overharvests in the South Atlantic and
Gulf of Mexico regions. Since a majority of these overharvest landings
were from state landings, particularly in the Gulf of Mexico region,
many federal fishermen did not benefit from this overharvest revenue.
Some of the impacts from these reduced revenues might be mitigated
somewhat for vessels that can fish for SCS and pelagic sharks or in
other HMS and non-HMS fisheries. However, these opportunities would
likely be limited and result in additional costs associated with
adjusting current fishing practices.
With regards to SCS, alternative 1 would maintain existing
procedures for addressing regional trimester over- and underharvests
for SCS when establishing the regional quotas and seasons for the first
trimesters of 2008. There were no overharvests of SCS in any region
during the 2007 first trimester season. No change in economic impacts
would be realized in the North Atlantic, South Atlantic, and Gulf of
Mexico regions since these regions would be open, with ample quota,
during the first trimester of 2008 under the no action alternative.
Based on the ex-vessel price per pound per of SCS in the North
Atlantic, South Atlantic, and Gulf of Mexico regions potential revenue
for flesh would be $0.43, $0.55, and $0.53, respectively. Potential
revenue from SCS may help offset lost revenue in the LCS fishery due to
short seasons and a closure.
NMFS does not prefer the no action alternative because the
substantially shortened LCS season in the Gulf of Mexico region might
lead to derby-style fishing and safety at sea concerns as well as
decreased fishing efficiency with resulting decreased survival rates
for bycatch. If the Gulf of Mexico region was open for five days as
proposed under the no action alternative, overfishing could continue to
occur leading to negative ecological impacts to shark species that are
overfished.
Alternative 2 would combine the North Atlantic, South Atlantic and
Gulf of Mexico regions for the LCS fishery into one region. The
adjusted quota for the one LCS region would be 78 mt dw, which is 239.8
mt dw less than the base quota allocation in each region added together
(317.8 mt dw). Based on total ex-vessel annual revenues in 2005 (Table
6.3) of $0.48 per pound dress weight of flesh and $17.94 per pound of
shark fins in all regions combined, the value of the 239.8 mt dw
reduction from the baseline quota allocation in all the regions is
approximately $109,349 for LCS flesh (95 percent of the quota weight)
and $215,101 for shark fins (based on the 5 percent shark fin to
carcass ratio). Therefore, the 2007 first trimester overharvest in the
South Atlantic and Gulf of Mexico regions is estimated to have a direct
revenue impact on the LCS commercial fishery, when combining the
regions, of approximately $324,450. The value of the 78 mt dw combined
quota that would allow the season to be open for six days is
approximately $35,568 for LCS flesh (95 percent of the quota weight)
and $69,966 for shark fins (based on the 5 percent shark fin to carcass
ratio). Therefore, the estimated revenue for the LCS 2008 first
trimester season under alternative 2, with all regions combined would
be approximately $105,534. Derby style fishing conditions and safety at
sea concerns may occur through the shortened season causing negative
social impacts. The six day season may cause a temporary glut in the
market and therefore a reduction in the ex-vessel price of shark
products or less efficient fishing operations thus reducing the quality
of the shark products landed. Under these conditions, it is likely the
estimated revenue for all regions would be less than $105,534.
Combining the regions would likely have negative economic impacts on
regions that do not have sharks present year round. The North Atlantic
region may be disadvantaged as a result of combining the three regions
into one region. Dealers in all regions,
[[Page 55735]]
but particularly in the North Atlantic region, would also be affected,
possibly even more so than vessels, as the likelihood of having shark
products consistently would be decreased. Overall, negative economic
impacts would result from the small amount of LCS quota available and
the short season in all regions. Under alternative 2, the SCS fishery
would remain the same as in the no action alternative and no adverse
economic impacts are expected since these regions would be open, with
ample quota, throughout the entire first trimester of 2008.
NMFS did not prefer this alternative because negative consequences
of establishing a single region combined with a substantially shortened
season might include derby-style fishing and safety at sea concerns as
well as decreased fishing efficiency with resulting decreased survival
rates for bycatch. Additionally, negative ecological impacts to
overfished shark species could occur if all regions were combined and
opened for a short time period as proposed under Alternative 2.
Alternative 3, the preferred alternative would close the LCS
fishery in all regions until Amendment 2 to the HMS FMP is effective.
The SCS fishery would be open in all three regions on January 1, 2008,
and no adverse economic impacts are expected since these regions would
be open, with ample quota, throughout the first trimester of 2008.
Under this alternative, the North Atlantic, South Atlantic, and Gulf of
Mexico regions would be closed to LCS fishing for entire first
trimester season and possibly longer depending on when Amendment 2
becomes effective. However, under the no action alternative, the South
Atlantic region would be closed during the 2008 first trimester and the
Gulf of Mexico region would only be open for five days starting January
1. The North Atlantic region would be open for the entire 2008 first
trimester season (although, from 2004-2007 only an average of 0.4 mt dw
was landed in this region during the entire first trimester season).
Because LCS are not typically in the North Atlantic region during the
first trimester and due to the small landings in this region during the
first trimester, it is not expected that the North Atlantic would
benefit economically from the 10.7 mt dw of quota available for the
2008 first trimester. Therefore, closing all three regions as proposed
in the preferred alternative would not have a much greater economic
impact than the no action alternative. The estimated revenue from the
51 mt dw quota in the Gulf of Mexico for the 2008 first trimester
season under alternative 1, would be approximately $75,430, which would
be the approximate revenue lost due to all regions being closed to LCS
fishing during the 2008 first trimester season. The South Atlantic
region would also experience economic impacts associated with this
alternative, however, these impacts would not be different from those
described in the no action alternative. Atlantic shark fishermen may
pursue other options as a result of closing the LCS fishery for the
2008 first trimester including transferring fishing effort to other
fisheries for which they are permitted, acquiring new permits to
participate in other fisheries or relinquishing their permits and
leaving the fishing industry.
NMFS prefers this alternative because overall, the ecological
benefits of keeping the LCS fishery closed in all regions until
Amendment 2 to the HMS FMP is effective may outweigh the economic
impacts associated with the closure due to the overfished status of
sandbar and dusky sharks. The LCS closure would also provide positive
ecological benefits to other shark species, along with any incidental
and protected species.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations, Imports,
Penalties, Reporting and recordkeeping requirements, Treaties.
Dated: September 25, 2007.
William T. Hogarth
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For reasons set out in the preamble, 50 CFR part 635 is proposed to
be amended as follows:
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES
1. The authority citation for part 635 continues to read as
follows:
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
2. In Sec. 635.27, paragraphs (b)(1)(i) and (b)(1)(vi)(A)
introductory text are revised to read as follows:
Sec. 635.27 Quotas.
* * * * *
(b) * * *
(1) * * *
(i) Fishing seasons. The commercial quotas for large coastal
sharks, small coastal sharks, and pelagic sharks will be split among
three fishing seasons: January 1 through April 30, May 1 through August
31, and September 1 through December 31. NMFS may consider merging or
closing any of the fishing seasons pursuant to paragraph (b)(1)(vi) of
this section.
* * * * *
(vi) Annual adjustments. (A) NMFS will adjust the next year(s
fishing season quotas for large coastal, small coastal, and pelagic
sharks to reflect actual landings during any fishing season in any
particular region. For example, a commercial quota underharvest or
overharvest in the fishing season in one region that begins January 1
will result in an equivalent increase or decrease in the following
year(s quota for that region for the fishing season that begins January
1. NMFS may consider merging or closing any of the fishing seasons and
relevant quotas in any region when there is limited available quota in
one or more seasons.
* * * * *
[FR Doc. E7-19378 Filed 9-28-07; 8:45 am]
BILLING CODE 3510-22-S
