Atlantic Highly Migratory Species; Atlantic Commercial Shark Management Measures, 250-257 [E9-31296]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 75, Number 2 (Tuesday, January 5, 2010)]
[Rules and Regulations]
[Pages 250-257]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-31296]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 0906221072-91425-02]
RIN 0648-AX95


Atlantic Highly Migratory Species; Atlantic Commercial Shark 
Management Measures

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; fishing season notification.

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SUMMARY: This final rule establishes the annual quotas and opening 
dates for the 2010 fishing season for sandbar sharks, non-sandbar large 
coastal sharks (LCS), small coastal sharks (SCS), and pelagic sharks 
based on any over- and/or underharvests experienced during the 2008 and 
2009 Atlantic commercial shark fishing seasons. NMFS needs to take this 
action to establish the 2010 adjusted fishing quotas and to open the 
commercial fishing seasons for the Atlantic sandbar shark, non-sandbar 
LCS, SCS, and pelagic shark fishery based on over- and underharvests 
from the 2009 fishing season. This action is expected to affect 
commercial shark fishermen in the Atlantic and Gulf of Mexico regions.

DATES: The 2010 Atlantic commercial shark fishing season for the shark 
research, blue sharks, porbeagle sharks, and pelagic sharks (other than 
porbeagle and blue sharks) in the northwestern Atlantic Ocean, 
including the Gulf of Mexico and the Caribbean Sea, will open on 
January 5, 2010. The non-sandbar LCS in the Gulf of Mexico region will 
open on February 4, 2010. NMFS will keep the SCS fishery closed until 
the effective date of the final rule for Amendment 3. NMFS will open 
the non-sandbar LCS fishery in the Atlantic region on July 15, 2010. 
The 2009 Atlantic commercial shark fishing season and quotas are 
provided in Table 1 under SUPPLEMENTARY INFORMATION.

ADDRESSES: Highly Migratory Species Management Division, 1315 East-West 
Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz or Gu[yacute] 
DuBeck 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). The 2006 Consolidated Highly Migratory Species (HMS) 
Fishery Management Plan (FMP) and its amendments under the Magnuson-
Stevens Act are implemented via regulations at 50 CFR part 635.
    On October 28, 2009, NMFS published a proposed rule (74 FR 55526) 
announcing the fishing season for 2010 and the 2010 proposed quotas 
based on shark landings information as of September 15, 2009. The 
proposed rule contained details regarding the alternatives considered 
and a brief summary of the recent management history. Those details are 
not repeated here. Several comments from the public were received on 
the proposed rule. Those comments along with the Agency's responses are 
provided below. This final rule serves as notification of the 2010 
fishing season and 2010 quotas, based on shark landings updates as of 
October 31, 2009, pursuant to 50 CFR 635.27(b)(1)(vii). This action 
does not change the annual base and adjusted base annual commercial 
quotas as established under Amendment 2 to the 2006 Consolidated HMS 
FMP and its June 24, 2008 final rule (73 FR 35778, corrected at 73 FR 
40658, July 15, 2008). Any such changes would be performed through an 
amendment. Rather, this action adjusts the commercial quotas based on 
overharvests in 2008 and 2009.

Response to Comments

    During the proposed rule stage, NMFS received over a dozen written 
comments from fishermen, dealers, environmental groups, and other 
interested parties. NMFS also heard numerous comments from the 
fishermen and dealers who attended the three public hearings. The 
significant comments on the October 28, 2009, proposed rule (74 FR 
55526) received during the public comment period are summarized below, 
together with NMFS responses.

SCS Alternatives

    Comment 1: NMFS received many comments supporting alternative A1, 
the no action alternative. Commenters stated that since the current SCS 
quota of 454 metric tons (mt) dressed weight (dw) has not been taken 
and is still available, NMFS should open the fishery on or about 
January 1. Commenters also felt that the SCS quota should not be 
reduced because they believe that blacknose shark data is not based on 
the best available science and because NMFS did not consider the Turtle 
Excluder Devices (TEDs) or the reduction in shrimp effort from Maine to 
Texas in the stock assessment.
    Response: NMFS is currently in the proposed rule stage of Amendment 
3 to the Consolidated Highly Migratory Species (HMS) Fishery Management 
Plan (FMP) (73 FR 36392, July 24, 2009). Amendment 3 considered, among 
other things, measures that would significantly reduce the non-
blacknose SCS and blacknose shark quotas in order to rebuild blacknose 
shark stocks and prevent overfishing of blacknose sharks. Amendment 3 
would also establish annual catch limits (ACLs) and accountability 
measures (AMs), which must be set at levels consistent with the plan 
for ending overfishing and rebuilding blacknose sharks. NMFS will not 
select final alternatives for implementation until it finalizes the 
Environmental Impact Statement (FEIS) for Amendment 3, prepares a 
Record of Decision (ROD) and publishes a final rule implementing the 
amendment. Should NMFS select the preferred alternatives to reduce 
quotas for blacknose and non-blacknose SCS under proposed Amendment 3 
there may be no non-blacknose SCS and/or blacknose shark quotas 
available, if NMFS opened the SCS fishery on or about January 1, 
depending on the level of harvest occurring prior to selection and 
implementation of Amendment 3. Any subsequent overharvest of potential 
reduced blacknose and non-blacknose SCS quotas that may be implemented 
under Amendment 3 would lower quotas for the 2011 fishing season. 
Additionally, under the Magnuson-Stevens Act, any fishery that was 
declared to be overfished by 2009 must establish a mechanism for 
specifying ACLs and establish ACLs and AMs effective for the 2010 
fishing season. Delaying the 2010 SCS fishing season would allow the 
SCS fishing to open under the potentially reduced quotas implemented in 
Amendment 3 consistent with ACLs.
    NMFS used the best available science and a rigorous Southeast Data 
Assessment and Review (SEDAR) stock assessment process to make the 
determination that blacknose sharks are overfished with overfishing 
occurring. The independent review panel determined that the data used 
in the SCS stock assessment were considered the best available at the 
time. They also determined that appropriate standard

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assessment methods based on general production models and on age-
structured modeling were used to derive management benchmarks given the 
data available. Therefore, NMFS believes that the 2007 SCS stock 
assessment represents the best available science consistent with 
National Standard 2 of the MSA, 16 U.S.C. 1851(a)(2). The next 
blacknose shark stock assessment is scheduled for 2010, and NMFS will 
re-visit shrimp bycatch and effort along with SCS quotas, as 
appropriate, once the assessment is complete.
    Comment 2: The North Carolina Division of Marine Fisheries (NCDMF) 
supports alternative A2 only if NMFS plans on implementing a small SCS 
quota (56.9 mt) from Amendment 3. If a larger SCS quota is implemented, 
then NCDMF supports A1.
    Response: NMFS is currently reviewing all the comments received on 
draft Amendment 3, the Draft Environmental Impact Statement (DEIS) and 
proposed implementing regulations. Based on public comment and 
resulting analyses, it is possible that the proposed quotas in 
Amendment 3 could change. NMFS expects to implement Amendment 3 in mid- 
to late spring. Thus, NMFS would not know which blacknose shark quota 
will be finalized before the 2010 shark specifications, which need to 
be implemented in early January to start the 2010 shark fishing season. 
Additionally, as described above, under the Magnuson-Stevens Act, any 
fishery that was declared to be overfished by 2009 must have ACLs 
implemented by the 2010 fishing season. Delaying the 2010 SCS fishing 
season would allow the SCS fishing to open under the new quotas for 
ending overfishing and rebuilding blacknose sharks and consistent with 
the ACLs implemented in Amendment 3.

Non-Sandbar LCS Alternatives

    Comment 3: Florida fishermen and related industries did not support 
a July 15 opening for the non-sandbar LCS fishery in the Atlantic 
region since those fishermen do not have other fisheries to fish early 
in the year, unlike fishermen in the mid- and north Atlantic. These 
commenters supported the no action alternative (B1). These commenters 
felt that there are more shark fishermen in Florida and that NMFS 
should not give preference to other states. These commenters also felt 
that a delay would not provide an equal opportunity for Florida 
fishermen to harvest the quota, since the sharks migrate north or into 
state waters in July. North Carolina fishermen, NCDMF, and ASMFC 
supported the July 15 opening (alternative B2) because it offers mid- 
and north Atlantic fishermen an opportunity to harvest the quota, which 
these fishermen could not do in 2009.
    Response: In the Atlantic region, the non-sandbar LCS fishery 
closed on July 1 (74 FR 30479, June 26, 2009), which did not allow 
fishery participants in the North Atlantic to have a fishing season as 
the quota was taken before the sharks moved northward into their 
waters. Assuming fishing effort remains the same in 2010 as in 2009, 
given the reduced 2010 non-sandbar LCS quota in the Atlantic region 
because of the overharvest in 2009, fishermen in the North Atlantic 
would most likely not have a non-sandbar LCS fishery in 2010 if it 
again opens on January 1.
    During the comment period on Amendment 2 to the Consolidated HMS 
FMP, NMFS received comments from the Atlantic States Marine Fisheries 
Commission (ASMFC) and the State of Florida stating that NMFS should 
open the non-sandbar LCS fishery season in July instead of January 1, 
in order to provide an equal opportunity to harvest the quota for all 
fishermen in the Atlantic region. They stated that this July opening 
would allow the season to be open when sharks are present in all areas 
and to prevent fishing mortality during shark pupping season. NMFS 
believes that delaying the non-sandbar LCS fishery in the Atlantic 
region would allow the mid- and north Atlantic fishermen an opportunity 
to fully participate in the LCS fishery in 2010. The fishermen in these 
regions did not have that opportunity in 2009 due to the federal mid-
Atlantic shark closure off North Carolina, various new state water 
closures, and the lack of sharks because the sharks had not yet 
migrated northward by the time the fishery was closed. Florida and 
south Atlantic fishermen harvested the majority of the non-sandbar LCS 
quota in 2009. While sharks may not be as plentiful in the south 
Atlantic area in July as they are in January, historical landings 
indicate that fishermen in that area still have opportunities to catch 
sharks in July. Additionally, assuming the fishery remains open for 
most of the remainder of the year, fishermen in the south Atlantic 
area, unlike fishermen in the mid- and north Atlantic areas, would 
continue to have an opportunity to fish for sharks later in the year as 
the sharks migrate south into warmer waters.
    However, NMFS recognizes that the delay may have negative impacts 
on fishermen in the south Atlantic area that may not be felt by 
fishermen in other areas. As such, NMFS is currently exploring causes 
of last year's early closures of the non-sandbar LCS fisheries and may 
take additional measures in a future rulemaking to help ensure the non-
sandbar LCS shark seasons continue year-round while continuing to 
ensure that all fishermen in all regions have an equal opportunity to 
harvest the quota.
    Comment 4: Fishermen and related industries in all areas affected 
by this rule disagreed with the proposed non-sandbar LCS delay in the 
Gulf of Mexico region (alternative B3). Reasons stated by the 
commenters in support of opening on or about January 1, included: 
increased economic stability for Gulf of Mexico fishermen, increased 
market prices for all fishermen with a split season, increased safety, 
increased food quality as they would not be unpacking fish in warm 
weather, and equal fishing opportunities.
    Response: NMFS agrees with the comments regarding the proposed 
delay in opening the non-sandbar LCS fishery in the Gulf of Mexico. 
Based on the concerns and comments from Gulf of Mexico fishermen, NMFS 
changed the preferred alternative to B2, which would open the non-
sandbar LCS fishery in the Gulf of Mexico region upon the effective 
date of the 2010 shark specifications. While NMFS thought the state 
water closures disadvantaged Louisiana fishermen in 2009, Louisiana 
fishermen did not express concern over the state water closure during 
the shark fishing season. Indeed, Louisiana reported significant 
landings for the 2009 non-sandbar LCS fishery from January until April.
    Comment 5: Some fishermen expressed a concern that the shark meat 
will spoil during fishing trips if there is a July opening. The 
commenters noted that many fishermen do not have coolers on their small 
boats.
    Response: The Food and Drug Administration (FDA) published 
regulations (December 18, 1995; 60 FR 65092) that mandate the 
application of the Hazard Analysis Critical Control Point (HACCP) 
principles to ensure the safe and sanitary processing of seafood 
products. Although these regulations do not apply to fishing vessels or 
transporters, the processors of domestic seafood must take 
responsibility for the incoming product. Dealers should consult the FDA 
Center for Food Safety and Applied Nutrition Fish and Fisheries 
Products Hazards and Controls Guidance, for further information.

General Comments

    Comment 6: NMFS received many comments requesting that NMFS manage 
the shark fisheries as it had before Amendment 2. For example, some 
commenters requested splitting the quota by region and by season in

[[Page 252]]

order to keep the market viable, achieve equitable fishing 
opportunities among all participants, and protect pupping females. NMFS 
also received comments to increase the trip limit back to 4,000 lb dw 
to decrease the volume of dead discarded sharks.
    Response: NMFS continually reviews the management practices in HMS 
fisheries to improve the manageability of the fishery while also 
meeting the requirements of the Magnuson-Stevens Act, the National 
Standard Guidelines, and the 2006 Consolidated HMS FMP and its 
amendments. NMFS will examine these commenters' proposals and related 
specific issues and may propose them in future actions, if appropriate.
    Comment 7: NMFS received a comment regarding the early closure of 
the LCS fishery in 2009. The commenter suggested that total allowable 
catch (TAC) is lower than maximum sustainable yield (MSY) and that is 
why the quotas are being caught with less effort.
    Response: The 2005/2006 LCS complex, blacktip and sandbar shark 
stock assessments represent the best available science for the 
establishing the TAC in the LCS fishery. This stock assessment found 
that the status of sandbar sharks is overfished with overfishing 
occurring, the status of blacktip sharks in the Atlantic region is 
unknown, and the status of blacktip sharks in the Gulf of Mexico region 
is healthy. Furthermore, the stock assessment provided a TAC for 
sandbar sharks that would have a 70 percent chance of rebuilding 
sandbar sharks by the year 2070 and that was substantially lower than 
the previous landings of sandbar sharks. As described in Amendment 2 to 
the Consolidated HMS FMP, NMFS split this TAC to provide for dead 
discards from commercial and recreational fishermen and a commercial 
quota, which is used in the shark research fishery. NMFS also needed to 
balance the amount of sandbar sharks that would be caught when fishing 
for other LCS in this multi-species fishery. Additionally, because of 
the ``unknown'' status of blacktip sharks in the Atlantic, NMFS aimed 
to not increase the blacktip shark landings. For these and other 
reasons, as described in Amendment 2, NMFS established the resulting 
quotas for the sandbar and non-sandbar LCS fisheries. These quotas are 
designed to rebuild sandbar, dusky and porbeagle sharks while providing 
an opportunity for the sustainable harvest of blacktip sharks and other 
sharks in the LCS complex. As described in both Amendment 2 and draft 
Amendment 3, for sharks in general, NMFS considers the TAC to be 
equivalent to the annual catch limit (ACL) required in the Magnuson-
Stevens Act and described in the guidelines to National Standard 1 (50 
CFR 600.310). Also, as described in both Amendment 2 and draft 
Amendment 3, because the commercial landings quotas are only a portion 
of both the TAC (or ACL) and the MSY, these quotas are intentionally 
lower than both the TAC (or ACL) and the MSY provided in the 2006/2007 
stock assessment. Thus, NMFS does not believe that the quota was taken 
early in 2009 just because the quotas are set below the TAC and MSY.
    Comment 8: NMFS should stop all shark fishing.
    Response: The purpose of this rulemaking is to adjust quotas based 
on over- and underharvests from the previous year and opening dates for 
the 2010 shark season. The final rule is not reanalyzing the overall 
management measures for sharks, which was done in Amendment 2 to the 
Consolidated HMS FMP. Accordingly, this comment is outside the scope of 
this rulemaking.
    Comment 9: NMFS received comments from environmental constituents 
regarding the quotas of certain overfished species. Commenters 
indicated that the 2010 quota proposed for porbeagle sharks was 
actually a quota increase from 1.4 mt to 1.5 mt, despite the fact that 
NMFS has no justification for apparently increasing the quota for a 
species that is so substantially reduced that fishermen were unable to 
land the 2009 quota. NMFS does not list mako sharks among species that 
are overfished with overfishing occurring, even though the findings by 
NMFS state that shortfin mako sharks are subjected to overfishing and 
approaching an overfished condition.
    Response: The stocks and status of the porbeagle and shortfin mako 
sharks are closely monitored by NMFS to ensure the quotas are not 
exceeded. As a result of the 2005 Canadian stock assessment for the 
North Atlantic porbeagle shark, NMFS has determined that porbeagle 
sharks are overfished, but overfishing is not occurring. While the 
United States is not responsible for a large proportion of the 
porbeagle sharks landed in the Northwest Atlantic, NMFS established a 
total allowable catch (TAC) for porbeagle sharks of 11.3 mt dw. From 
this TAC, NMFS established a commercial quota of 1.7 mt dw. The quota 
finalized in this rule of 1.5 mt dw is lower than the baseline quota 
due to an overharvest of porbeagle sharks in 2008 that occurred after 
the 2009 quotas had been finalized. NMFS understands this is an 
increase from 2009, but the 2010 commercial quota is still below the 
1.7 mt dw commercial baseline quota for porbeagle sharks. Currently, 
NMFS is in the draft stage for Amendment 3 and has published a proposed 
implementing rule, which includes measures to end overfishing of 
shortfin mako sharks on an international level. Based on the 2008 SCRS 
stock assessment on the North Atlantic shortfin mako shark population, 
NMFS determined that the species in the U.S. is experiencing 
overfishing and approaching an overfished status. Since U.S. commercial 
harvest of Atlantic shortfin mako sharks has historically been less 
than ten percent of the total international landings, domestic 
reductions of shortfin mako shark mortality alone would not end 
overfishing of the entire North Atlantic stock. Therefore, NMFS 
believes that ending overfishing and preventing an overfished status 
would be better accomplished through international efforts where other 
countries that have large takes of shortfin mako sharks could 
participate in mortality reduction discussions.
    Comment 10: Some commenters did not agree with the idea that the 
shark quota should last year-round. They asked which other fisheries 
are year-round fisheries and why does the shark fishery have to be open 
year-round.
    Response: The HMS fisheries that are open year-round are pelagic 
sharks, swordfish, and `BAYS' tunas (bigeye, albacore, yellowfin, and 
skipjack). The intent of Amendment 2 was to have a single year-round 
non-sandbar LCS shark season. The January 1 opening date could overlap 
with open seasons for other BLL and gillnet fisheries, and also 
provides fishermen a full calendar year to harvest available quota. 
NMFS believes that having a commercial season that opens January 1 and 
remains open most of the year, until 80-percent of the quota is 
achieved, would prevent fishermen from engaging in derby fishing and 
reduce resulting safety concerns. Furthermore, NMFS has heard comments 
for many years that fishermen and dealers cannot build a market for 
shark meat because the fishery is not open long enough (many dealers do 
not accept any shark meat after the LCS fishery is closed) and is 
unstable. Having the fishery open most of the year should alleviate the 
concerns and could increase the marketability of shark. Also, during 
many public hearings this year, NMFS has heard from HMS fishermen that 
any amount of fish coming in is helpful given the current economic 
situation in the country. Having the shark fishery open year round, 
even at incidental levels,

[[Page 253]]

could benefit fishermen who are financially struggling and do not have 
other opportunities to fish.
    Comment 11: Commenters stated that the fishery needs to be declared 
a disaster because that is the only way to get compensation.
    Response: Section 312(a) of the Magnuson-Stevens Act provides the 
mechanism through which a fishery resource disaster may be declared. It 
states: ``At the discretion of the Secretary or at the request of the 
Governor of an affected State or a fishing community, the Secretary 
shall determine whether there is a commercial fishery failure due to a 
fishery resource disaster as a result of natural causes, man-made 
causes beyond the control of fishery managers to mitigate through 
conservation and management measures, including regulatory restrictions 
(including those imposed as a result of judicial action) imposed to 
protect human health or the marine environment, or undetermined 
causes.'' Any issues related to this disaster declaration process are 
outside the scope of this rulemaking and would be handled through 
separate agency processes.
    Comment 12: NMFS needs to implement individual fishing quotas 
(IFQs) in every fishery.
    Response: While NMFS agrees that IFQs may be beneficial in many 
fisheries, it would take NMFS several years to implement an IFQ system 
for the shark fishery. NMFS would need to work with all stakeholders to 
devise the best allocation scheme possible, which would take 
considerable time. However, as described in the advance notice of 
proposed rulemaking (ANPR) published in (74 FR 26174, June 1, 2009), 
NMFS is considering changes in the permitting system for HMS, including 
sharks.

Changes From the Proposed Rule

    NMFS is changing the preferred alternative for the non-sandbar LCS 
fishery from the proposed rule based on public comment. In the proposed 
rule, the preferred alternative was alternative B3, which would open 
the non-sandbar LCS in the Atlantic and Gulf of Mexico regions on July 
15. The preferred alternative in the final rule would be alternative 
B2, which would open the non-sandbar LCS fishery in the Atlantic region 
on July 15 and open the non-sandbar LCS fishery in the Gulf of Mexico 
region upon the effective date of the final rule. NMFS received public 
comment from fishermen and dealers in all regions indicating that a 
delay in the start of the shark fishing season in the Gulf of Mexico 
would be detrimental to the fishermen. Comments stated that fishermen 
in the Gulf of Mexico would not be able to fish for anything else in 
the area, since other fisheries are closed in January. Also, shark 
dealers indicated that they would ideally prefer shipping shark 
products in January, along with any other fish products, to other 
markets for economic reasons. Commenters also noted that a split 
opening for the Gulf of Mexico and Atlantic regions would not cause a 
market glut of shark products and the fishermen might receive better 
prices for the products in 2010. In the proposed rule, NMFS believed 
that the state water closure in Louisiana would affect the distribution 
of the non-sandbar LCS quota in the region. This was not the case in 
2009. Louisiana reported significant landings for the 2009 non-sandbar 
LCS fishery from January until April. As result of the comments 
received by the agency and the factors discussed, NMFS chose to change 
the preferred alternative from B3 to B2.
    At the time the proposed rule published, shark landings updates 
(through September 15, 2009) indicated that the commercial Atlantic 
shark quota had been exceeded by 13 mt dw during the 2009 commercial 
shark fishing season. Since then, additional landings have been 
reported which have the effect of reducing the proposed quota by a 
total of 18.1 mt dw. As stated in the proposed rule, NMFS is adjusting 
the quota accordingly. Specifically, based on reports received by 
October 31, 2009, 205.9 mt dw of non-sandbar LCS in the Atlantic region 
were landed, which exceeds the 187.8 mt dw (414,024 lb dw) annual base 
quota by 18.1 mt dw. Therefore, the 2010 annual commercial non-sandbar 
LCS in the Atlantic region quota will be reduced by this amount to 
account for this overharvest (187.8 mt dw annual base quota -205.9 mt 
dw of 2009 landings = -18.1 mt dw overharvest). The 2010 adjusted 
annual commercial non-sandbar LCS in the Atlantic region quota will be 
169.7 mt dw (374,121 lb dw) (187.8 mt dw annual base quota -18.1 mt dw 
2008 overage = 169.7 mt dw 2010 adjusted annual quota).

2010 Annual Quotas

    This final rule adjusts the commercial quotas due to overharvests 
in 2008 and 2009. The 2010 annual quotas by species and species group 
are summarized in Table 1. All dealer reports that are received by NMFS 
after October 31, 2009, were used to adjust the 2011 quotas, as 
appropriate.

  Table 1--2010 Annual Quotas and Opening Dates for Non-Sandbar LCS and Sandbar Sharks. All Quotas and Landings Are Dressed Weight (dw), in Metric Tons
                                                            (mt), Unless Specified Otherwise
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                                                                     Preliminary 2009
         Species group                Region          2009 Annual      landings \1\    Overharvest  2010 Base Annual  2010 Final quota   Season opening
                                                       quota (A)            (B)             (C)       quota \2\ (D)         (D-C)           dates \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Non-Sandbar Large Coastal       Gulf of Mexico...  390.5 (860,896    319.2 (703,784    ...........  390.5 (860,896    390.5 (860,896    February 4,
 Sharks.                                            lb dw).           lb dw).                        lb dw).           lb dw).           2010.
                                Atlantic.........  187.8 (414,024    205.9 (453,988           18.1  187.8 (414,024    169.7 (374,121    July 15, 2010.
                                                    lb dw).           lb dw).                        lb dw).           lb dw).
Non-Sandbar LCS Research Quota  No regional        37.5 (82,673 lb   37 (81,572 lb     ...........  37.5 (82,673 lb   37.5 (82,673 lb   January 5, 2010.
                                 quotas.            dw).              dw).                           dw).              dw).
Sandbar Research Quota........  .................  87.9 (193,784 lb  79.9 (176,058 lb  ...........  87.9 (193,784 lb  87.9 (193,784 lb  January 5, 2010.
                                                    dw).              dw).                           dw).              dw).
Small Coastal Sharks \4\......  .................  454 (1,000,888    235.8 (519,754    ...........  454 (1,000,888    454 (1,000,888    On or about
                                                    lb dw).           lb dw).                        lb dw).           lb dw).           April 30, 2010.
Blue Sharks...................  .................  273 (601,856 lb   2.2 (4,793 lb     ...........  273 (601,856 lb   273 (601,856 lb   January 5, 2010.
                                                    dw).              dw).                           dw).              dw).
Porbeagle Sharks..............  .................  1.4 (3,086 lb     0.8 (1,733 lb         \5\ 0.2  1.7 (3,748 lb     1.5 (3,307 lb     January 5, 2010.
                                                    dw).              dw).                           dw).              dw).

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Pelagic Sharks Other Than       .................  488 (1,075,856    86.4 (190,532 lb  ...........  488 (1,075,856    488 (1,075,856    January 5, 2010.
 Porbeagle or Blue.                                 lb dw).           dw).                           lb dw).           lb dw).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Landings are from January 23, 2009, until October 31, 2009, and are subject to change.
\2\ 2010 annual base quotas for sandbar and non-sandbar LCS are the annual adjusted base quotas that are effective from July 24, 2008, until December
  31, 2012 (50 CFR 635.27(b)(1)(iii) and (iv)).
\3\ The opening dates for the shark research, blue sharks, porbeagle sharks, pelagic sharks other than porbegle or blue fisheries, and non-sandbar LCS
  in the Gulf of Mexico region is dependent upon the publication date of this final rule. The on or about April 30 proposed opening date for SCS is
  dependent on the effective date for the final rule implementing Amendment 3. The non-sandbar LCS fishery in the Atlantic region will open on July 15,
  2010.
\4\ The quota in the table is based on current SCS quota regulations. NMFS is in the draft amendment and proposed rule stage of Amendment 3 to the
  Consolidated HMS FMP that proposes new non-blacknose SCS and blacknose shark quotas starting in the 2010 SCS fishing season.
\5\ NMFS intends to adjust the 2010 quota for porbeagle sharks to account for the 0.2 mt dw overharvest that happened in 2008 after the 0.3 mt dw
  overharvest was accounted for in the final rule establishing the 2009 quota.

1. 2010 Quotas for Non-Sandbar LCS and Sandbar Sharks Within the Shark 
Research Fishery

    Since no overharvests of the non-sandbar LCS and sandbar shark 
quotas within the shark research fishery occurred during the 2009 
fishing year, pursuant to Amendment 2 to the 2006 Consolidated HMS FMP, 
the 2010 adjusted base annual quotas within the shark research fishery 
will be 37.5 mt dw (82,673 lb dw) for non-sandbar LCS and 87.9 mt dw 
(193,784 lb dw) for sandbar sharks.

2. 2010 Quotas for the Non-Sandbar LCS in the Gulf of Mexico Region

    Since no overharvests of the non-sandbar LCS quota for the Gulf of 
Mexico region occurred during the 2009 fishing year, pursuant to 
Amendment 2 to the 2006 Consolidated HMS FMP, the 2010 adjusted base 
annual quota for non-sandbar LCS in the Gulf of Mexico region will be 
390.5 mt dw (860,896 lb dw).

3. 2010 Quotas for the Non-Sandbar LCS in the Atlantic Region

    Since an overharvest of 18.1 mt dw for the non-sandbar LCS quota 
for the Atlantic region occurred during the 2009 fishing year, pursuant 
to Amendment 2 to the 2006 Consolidated HMS FMP, the 2010 adjusted base 
annual quota for non-sandbar LCS in the Atlantic region will be 169.7 
mt dw (374,121 lb dw).

4. 2010 Quotas for SCS and Pelagic Sharks

    Since no overharvests of small coastal sharks, blue sharks, and 
pelagic sharks other than porbeagle or blue sharks occurred during the 
2009 fishing year, pursuant to Amendment 2 to the 2006 Consolidated HMS 
FMP, the 2010 annual base quotas for small coastal sharks, blue sharks, 
and pelagic sharks other than porbeagle or blue sharks will be 454 mt 
dw (1,000,888 lb dw), 273 mt dw (601,856 lb dw), and 488 mt dw 
(1,075,856 lb dw), respectively. This final rule would not change the 
overall annual commercial quotas for porbeagle sharks and SCS. However, 
NMFS has proposed changes to the SCS quota in Amendment 3 (73 FR 36392, 
July 24, 2009). The quotas established by the preferred alternative in 
Amendment 3 would, if selected, supersede the quotas established in 
this rule. The change for the 2010 porbeagle shark quota, which 
accounts for the additional overharvest experienced during the 2008 
fishing season, would be 1.5 mt dw (3,307 lb dw).
    As of December 31, 2008, the final reported landings of porbeagle 
sharks were 2.2 mt dw (4,471 lb dw) (127 percent of the 2008 1.7 mt dw 
(3,748 lb dw) annual base quota). In the final rule establishing the 
2009 quotas (73 FR 79005, December 29, 2008), NMFS accounted for an 
overharvest of porbeagle sharks of 0.3 mt dw (601 lb dw). That final 
rule used data that was reported as of November 15, 2008. Between that 
date and December 31, 2008, an additional 0.2 mt dw was reported 
landed. As such, this additional overharvest of 0.2 mt dw (441 lb dw) 
is proposed to be deducted from the 2010 porbeagle shark quota. Per 50 
CFR 635.27(b)(1)(vii)(A), if the available quota is exceeded in any 
fishing season, NMFS will deduct an amount equivalent to the 
overharvest(s) from the following fishing season or, depending on the 
level of overharvest(s), NMFS may deduct an amount equivalent to the 
overharvest(s) spread over a number of subsequent fishing seasons to a 
maximum of five years. Given that the additional small overharvest of 
0.2 mt dw (441 lb dw) was not accounted for in the 2009 quota (12 
percent of the annual base porbeagle quota), NMFS will deduct the 
additional 2008 overharvest from the 2010 annual base commercial 
porbeagle quota. The 2010 adjusted annual commercial porbeagle quota 
would be 1.5 mt dw (3,307 lb dw) (1.7 mt dw annual base quota-0.2 mt dw 
2008 overage = 1.5 mt dw 2010 adjusted annual quota).

Fishing Season Notification for the 2010 Atlantic Commercial Shark 
Fishing Season

    The 2010 Atlantic commercial shark fishing season for the shark 
research, blue sharks, porbeagle sharks, and pelagic sharks (other than 
porbeagle and blue sharks) in the northwestern Atlantic Ocean, 
including the Gulf of Mexico and the Caribbean Sea, will open on 
January 5, 2010. The non-sandbar LCS in the Gulf of Mexico region will 
open on February 4, 2010. NMFS will have different opening dates for 
the SCS and the Atlantic region non-sandbar LCS seasons. NMFS will keep 
the SCS fishery closed until the effective date of the final rule for 
Amendment 3. NMFS will open the non-sandbar LCS fishery in the Atlantic 
region on July 15, 2010.
    All of the shark fisheries will remain open until December 31, 
2010, unless NMFS determines that the fishing season landings for 
sandbar shark, non-sandbar LCS, blacknose, non-blacknose SCS, blue 
sharks, porbeagle sharks, or pelagic sharks (other than porbeagle or 
blue sharks) has reached, or is projected to reach, 80 percent of the 
available quota. At that time, consistent with 50

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CFR 635.27(b)(1), NMFS will file for publication with the Office of the 
Federal Register a notice of closure for that shark species group and/
or region that will be effective no fewer than 5 days from date of 
filing. From the effective date and time of the closure until NMFS 
announces, via a notice in the Federal Register, that additional quota, 
if any, is available, the fishery for the shark species group and, for 
non-sandbar LCS, region will remain closed, even across fishing years, 
consistent with 50 CFR 635.28(b)(2).

Classification

    NMFS has determined that this action is consistent with the 
Magnuson-Stevens Act, including the national standards, and other 
applicable law.
    Pursuant to 5 U.S.C. 553(d)(3), the Assistant Administrator for 
Fisheries has determined that good cause exists to waive the 30-day 
delay in effective date for the pelagic shark and shark research 
fisheries as such a delay would be contrary to the public interest. 
Providing a 30-day delay in effectiveness for the opening of the 
pelagic shark and shark research fisheries would be contrary to the 
public interest due to the negative economic impact on fishermen and on 
the fishery resource, and the diminished opportunity for collection of 
scientific data needed to manage the fisheries. In the case of the 
pelagic shark fishery (which includes blue, shortfin mako, porbeagle, 
common thresher, and oceanic whitetip sharks), this fishery is 
conducted as a bycatch fishery by those fishermen targeting other 
species such as swordfish, yellowfin tuna, and bigeye tuna. This 
incidental fishery continues throughout the year with no closure date 
anticipated in the FMP. Providing a 30-day delay in effectiveness would 
break the continuity of this fishery, forcing the fishermen to discard, 
dead or alive, any pelagic sharks that are caught. Such discards would 
not be counted against the commercial quota. Such a break in continuity 
occurred in 2009 when the shark fishery did not open until January 23 
(73 FR 79005, December 24, 2008). In 2009, NMFS did not propose a good 
cause waiver and subsequently received concerns from pelagic fishermen, 
dealers, and other interested parties stating that the delay in the 
fishery caused economic loss and waste from the fish that were 
discarded dead rather than being landed.
    For the 2010 fishing season, NMFS intended to complete this action 
in time for the fishery to open January 1, 2010, as appropriate, with 
no delay. However, due to the unexpectedly short LCS season in 2009 and 
the subsequent public comments (particularly those received during the 
HMS Advisory Panel meeting in September 2009) that requested NMFS to 
address the issues with the LCS season, NMFS determined it was 
necessary to consider alternatives regarding the LCS season in this 
action. During that time, NMFS also determined it was necessary to 
consider alternatives regarding SCS and ACLs. The analyses required for 
those alternatives, the need to collect public comment on those 
alternatives, and consideration of the public comments caused a delay 
in implementation of this action.
    Porbeagle sharks have a limited quota that is closely monitored to 
ensure it is not exceeded. Under the rebuilding plan for porbeagle 
sharks, NMFS established a total allowable catch (TAC) of 11.3 mt dw 
based on current commercial landings of 1.7 mt dw, current commercial 
discards of 9.5 mt dw, and current recreational landings of 0.1 mt dw. 
As described in previous documents, estimating dead discards accurately 
is more difficult than accounting for landings. Landing fish, rather 
than discarding them dead, helps NMFS monitor the TAC properly in order 
to rebuild the porbeagle shark. Opening the fishery would ensure that 
any mortality associated with landings would be counted against the 
quota. Additionally, blue sharks and the other pelagic sharks are not 
considered overfished and their quotas have never been reached. Closing 
these fisheries from January 1, 2010, until the effective date of this 
rule could be detrimental to our management of these species as many of 
these fish would be discarded dead. Such a delay and required discards 
would also result in economic harm to the fishermen who normally catch 
and land them. A delay would mean fishermen could not retain the sharks 
caught as bycatch or sell the shark on the market.
    Regarding the shark research fishery, NMFS selects a small number 
of fishermen to participate in the shark research fishery each year for 
the purpose of providing NMFS biological and catch data to better 
manage the Atlantic shark fisheries. All the trips and catches in this 
fishery are monitored with 100 percent observer coverage. Specifically, 
the shark research fishery allows for the collection of fishery-
dependent data for future stock assessments, including specific 
biological and other data that are priorities for improving future 
stock assessments, and allows NMFS and commercial fishermen to conduct 
cooperative research to meet the shark research objectives for NMFS. 
Some of the shark research objectives include collecting reproductive 
and age data, monitoring size distribution, and tagging studies. The 
information collected in early January could be used in verifying data 
in the upcoming stock assessment for sandbar, dusky, and blacknose 
sharks in 2010, and will be used in other future stock assessments. 
While NMFS hopes to collect this data throughout the year, delaying the 
opening of the shark research fishery would not allow NMFS the ability 
to maintain the time-series of abundance for shark species or collect 
vital biological and regional data. Because of the biology and 
migratory patterns of sharks, for the data to be viable in future stock 
assessments and studies, it must be collected during the same time 
periods each year. Preventing NMFS from conducting any research trips 
deemed necessary could hinder the collection of scientific data and 
limit the ability of NMFS to manage the shark fisheries, which would be 
contrary to the public good.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    In compliance with section 603 of the Regulatory Flexibility Act 
(RFA), NMFS has prepared a Final Regulatory Flexibility Analysis (FRFA) 
for this final rule to analyze the impacts of delaying the 2010 SCS and 
Atlantic region non-sandbar LCS fishing seasons and adjustments to the 
non-sandbar LCS and porbeagle quotas based on overharvests from the 
previous fishing season. These actions have already been analyzed in 
Amendment 2 to the 2006 Consolidated HMS FMP. The FRFA analyzes the 
anticipated economic impacts of the final actions and any significant 
economic impacts on small entities. A summary of the FRFA is below. The 
full FRFA and analysis of social and economic impacts are available 
from NMFS (see ADDRESSES).
    In compliance with section 604(a)(1) of the Regulatory Flexibility 
Act, the purpose of this final rulemaking is, consistent with the 
Magnuson-Stevens Act, to adjust the 2010 proposed quotas for non-
sandbar LCS, sandbar sharks, SCS, blue sharks, porbeagle sharks, or 
pelagic sharks (other than porbeagle or blue sharks) based on 
overharvests from the previous fishing year. These adjustments are 
being implemented according to the regulations implemented in the final 
rule for Amendment 2 to the 2006 Consolidated HMS FMP. Thus, NMFS would 
expect few, if any, economic impacts to fishermen other than those 
already analyzed in Amendment 2 to the 2006 Consolidated HMS FMP based 
on the

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quota adjustments. In addition, NMFS is delaying the 2010 non-sandbar 
LCS shark fishery season in the Atlantic regions to allow for a more 
equitable distribution of the available quotas among constituents as 
well as delay the opening of the 2010 SCS fishing season to allow for 
the implementation of Amendment 3, which could implement new blacknose 
and non-blacknose SCS quotas consistent with ACLs to rebuild the 
blacknose shark stock and end overfishing of this species. While there 
are direct negative economic impacts associated with the proposed 
measures, delaying the opening of the 2010 SCS, and non-sandbar LCS 
fishing seasons could ensure that North Atlantic fishermen have access 
to the 2010 quotas and will allow for more equitable access to the 
quotas by all fishery participants.
    Section 604(a)(2) of the Regulatory Flexibility Act requires NMFS 
to summarize significant issues raised by the public in response to the 
Initial Regulatory Flexibility Analysis (IRFA), a summary of the NMFS's 
assessment of such issues, and a statement of any changes made as a 
result of the comments. The IRFA was done as part of the draft EA for 
the 2010 Atlantic Commercial Shark Season Specifications. NMFS did not 
receive any comments specific to the IRFA. However, NMFS did receive 
comments related to the overall economic impacts of the proposed rule. 
Those comments and NMFS's responses to them are mentioned above in the 
preamble for this rule. Almost all of the comments and responses relate 
to the economic issues in the fishery, particularly comments 1 through 
6, 10, 11, and 12.
    Section 604(a)(3) requires Federal agencies to provide an estimate 
of the number of small entities to which the rule would apply. NMFS 
considers all HMS permit holders to be small entities because they 
either had average annual receipts less than $4.0 million for fish-
harvesting, average annual receipts less than $6.5 million for charter/
party boats, 100 or fewer employees for wholesale dealers, or 500 or 
fewer employees for seafood processors. These are the Small Business 
Administration (SBA) size standards for defining a small versus large 
business entity in this industry.
    The commercial shark fishery is comprised of fishermen who hold a 
shark directed or incidental limited access permits (LAP) and the 
related industries including processors, bait houses, and equipment 
suppliers, all of which NMFS considers to be small entities according 
to the size standards set by the SBA. The final rule would apply to the 
approximately 223 directed commercial shark permit holders, 279 
incidental commercial shark permit holders, and 100 commercial shark 
dealers as of March 18, 2009. Based on the 2008 ex-vessel price, the 
2010 Atlantic shark commercial baseline quota could result in revenues 
of $6,215,208. The adjustment due to the overharvests would result in a 
$775 loss in revenues in the porbeagle fishery and a $51,792 loss in 
revenue in the Atlantic non-sandbar LCS fishery. These revenues are 
similar to the gross revenues analyzed in Amendment 2 to the 2006 
Consolidated HMS FMP.
    Section 604(a)(4) of the Regulatory Flexibility Act requires NMFS 
to describe the projected reporting, recordkeeping, and other 
compliance requirements of the final rule, including an estimate of the 
classes of small entities which would be subject to the requirements of 
the report or record. None of the alternatives considered for this 
final rule would result in additional reporting, recordkeeping, and 
compliance requirements.
    Section 604(a)(5) of the Regulatory Flexibility Act requires NMFS 
to describe the steps taken to minimize the significant economic impact 
on small entities consistent with the stated objectives of applicable 
statutes. Additionally, the Regulatory Flexibility Act (5 U.S.C. 
603(c)(1)-(4)) lists four general categories of ``significant'' 
alternatives that would assist an agency in the development of 
significant alternatives. These categories of alternatives 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 of the rule for small entities.
    In order to meet the objectives of this final rule, consistent with 
Magnuson-Stevens Act and the Endangered Species Act (ESA), NMFS cannot 
exempt small entities or change the reporting requirements only for 
small entities because all the entities affected are considered small 
entities. 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 in the proposed rule (74 FR 55526, October 28, 2009), NMFS 
analyzed several different alternatives in this rulemaking and provides 
the rationale for identifying the preferred alternative to achieve the 
desired objective below.
    The alternatives considered and analyzed have been grouped into two 
major categories. These categories include SCS and non-sandbar LCS. 
Under the SCS category, the alternatives include: (A1) Allow the 2010 
SCS fishing season to open upon the effective date of the final rule 
for the 2010 Atlantic shark specifications; and, (A2) open the 2010 SCS 
fishing season on the effective date of the final rule for Amendment 3 
to the Consolidated HMS FMP. Under the non-sandbar LCS category, the 
alternatives include: (B1) Allow the 2010 non-sandbar LCS fishery in 
the Atlantic and Gulf of Mexico regions to open upon the effective date 
of the final rule for the 2010 Atlantic shark specifications; (B2) open 
the 2010 non-sandbar LCS fishery in the Atlantic region on July 15, 
2009 and open the 2010 non-sandbar LCS fishery in the Gulf of Mexico 
region upon the effective date of the final rule for the 2010 Atlantic 
shark specifications; and, (B3) Open the 2010 non-sandbar LCS fishery 
in the Atlantic and Gulf of Mexico regions on July 15, 2009.
    The potential impacts these preferred alternatives may have on 
small entities have been analyzed and are discussed below. The 
preferred alternatives include A2 and B2. A summary of the analyses 
follows. The economic impacts that would occur under these preferred 
alternatives were compared with the other alternatives to determine if 
economic impacts to small entities could be minimized while still 
accomplishing the stated objectives of this rule.
    The proposed changes to the opening dates for the SCS and non-
sandbar LCS were analyzed. Under alternative A2, NMFS would delay the 
start of the 2010 SCS fishing season until implementation of the final 
rule for Amendment 3. There may be economic losses associated with the 
delay in the start of the fishing season, especially for fishermen in 
the southeast Atlantic and Gulf of Mexico that would have access to SCS 
at the beginning of 2010 and rely on SCS gross revenues at the 
beginning of the season. Depending on the quotas implemented under 
Amendment 3 for blacknose shark and non-blacknose SCS, the economic 
losses for SCS fishermen could range from $126,174 to $172,197 for 
blacknose sharks and $502,145 to $661,513 for non-blacknose SCS. In 
addition, depending on the final measures implemented under Amendment 
3, gillnet fishermen could lose gross revenues from lost SCS fishing 
opportunities in 2010. Estimated losses for shark gillnet fishermen 
could

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be between $90,059 to $90,501 for blacknose sharks and $275,008 to 
$287,427 for non-blacknose SCS. However, these losses are independent 
of this action and were fully analyzed in the DEIS for draft Amendment 
3. In addition, shark dealers and other entities that deal with shark 
products could experience negative economic impacts as SCS products 
would not be available at the beginning of the season. This would be 
most prevalent in areas of the southeast Atlantic and Gulf of Mexico 
where SCS are available early in the fishing season.
    The delay in the SCS fishing seasons could cause changes in ex-
vessel prices. From 2004 through 2008, the average ex-vessel price of 
SCS meat in January was approximately $0.58, whereas the average ex-
vessel price in mid- to late-Spring was $0.69. Fin prices are not 
reported by species. As such, the average ex-vessel price from 2004 
through 2008 for shark fins is the same for LCS and SCS. The average 
price for fins in January is $16.36 per lb. When the SCS fishery opens 
in mid- to late-Spring, the average price for fins has been $7.35.
    Delaying the 2010 SCS fishing season until the implementation of 
Amendment 3 would allow the blacknose shark stock to rebuild as quickly 
as possible, and would translate into higher SCS quotas with higher 
associated gross revenues in the shortest time period possible. In 
addition, since both blacknose sharks and non-blacknose SCS are present 
in waters off the North Atlantic later in the year, delaying the 
opening of the 2010 SCS fishing season could help ensure that North 
Atlantic fishermen have access to the non-blacknose SCS and blacknose 
shark quotas implemented under Amendment 3, allowing for more equitable 
access to the quotas by all constituents. Thus, while there are some 
direct negative economic impacts associated with alternative A2, NMFS 
prefers this alternative at this time.
    Under alternative B2, NMFS would delay the opening of the non-
sandbar LCS fishery in the Atlantic region until July 15, 2010, and 
would open the non-sandbar LCS fishery in the Gulf of Mexico region 
upon the effective date of the final rule for the 2010 Atlantic shark 
specifications. Alternative B2 could result in additional negative 
economic impacts relative to those analyzed in Amendment 2 for 
fishermen in the southeast Atlantic, since these fishermen would not be 
able to land non-sandbar LCS when non-sandbar LCS would be present in 
their waters off the southeast Atlantic. In addition, alternative B2 
could result in additional negative economic impacts relative to those 
analyzed in Amendment 2 for gillnet fishermen in the Atlantic region 
who would not be able to harvest non-sandbar LCS with gillnets during 
2010, depending on final management measures implemented under 
Amendment 3. However, under alternative B2, fishermen in the North 
Atlantic would be able to have a fishing opportunity for non-sandbar 
LCS in 2010, as was the intent of Amendment 2. In the Atlantic region, 
the non-sandbar LCS quota and its associated gross revenues of an 
estimated $485,509 based on 2008 ex-vessel prices would be more 
equitably distributed among different states of the Atlantic by 
delaying the opening of the non-sandbar LCS fishery until July 15, 
2010, under alternative B2.
    The economic impacts of alternative B2 in the Gulf of Mexico region 
would be the same as analyzed under Amendment 2. In addition, gillnet 
fishermen in the Gulf of Mexico region could harvest non-sandbar LCS 
with gillnets prior to the implementation of Amendment 3, which may 
prohibit the landing of sharks with gillnet gear. State waters off 
Louisiana are closed to large coastal shark fishing from April 1 
through June 30 of each year. During 2009, the non-sandbar LCS fishery 
closed on June 6, 2009. Thus, allowing the federal non-sandbar LCS 
fishery in the Gulf of Mexico to be open at the beginning of 2010 may 
result in negative economic impacts for Louisiana state fishermen if 
the non-sandbar LCS quota is harvested before the re-opening of 
Louisiana state waters in 2010. However, delaying the start of the 
shark fishing season in the Gulf of Mexico would be detrimental to the 
fishermen. Many fishermen in the Gulf of Mexico would not be able to 
fish for other species, since other Gulf of Mexico fisheries are closed 
in January. Also, shark dealers would need shark products in January to 
ship to other markets. Comments noted that if NMFS implemented 
alternative B3 and opened both the Gulf of Mexico and Atlantic regions 
in July, then a market glut of shark products would cause prices to 
fall. In addition, the state water closure in Louisiana did not affect 
the distribution of the non-sandbar LCS quota in the region. Louisiana 
reported significant landings for the 2009 non-sandbar LCS fishery from 
January until April. Therefore, NMFS prefers alternative B2 at this 
time.

    Dated: December 29, 2009.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
[FR Doc. E9-31296 Filed 1-4-10; 8:45 am]
BILLING CODE 3510-22-P