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Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Rules and Regulations

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Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Rules and Regulations 16648 Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Rules and Regulations DEPARTMENT OF COMMERCE shark fisheries, the status of the shark percent or higher commercial quota stocks, the proposed management reduction for large coastal sharks as a National Oceanic and Atmospheric measures, and the anticipated effects of minimum measure to rebuild the large Administration the proposed management measures coastal shark population. Other were discussed in the preamble to the commentors, including one state and 50 CFR Part 678 proposed rule (61 FR 67295, December several commercial fishermen's [Docket No. 961211348-7065-03; I.D. 20, 1996) and are not repeated here. associations, questioned the 092396B] The framework provisions of the FMP effectiveness of the quota reduction allow the Assistant Administrator (AA) and/or strenuously opposed the quota RIN 0648±AH77 to make adjustments in specified reduction and stated that the scientific Atlantic Shark Fisheries; Quotas, Bag management measures in order to data, upon which the 1996 Stock Limits, Prohibitions, and Requirements achieve the FMP's objectives of Evaluation Workshop (SEW) final report preventing overfishing, and increasing is based, are incomplete, flawed, and/or AGENCY: National Marine Fisheries the benefits of shark resources to the biased. Service (NMFS), National Oceanic and nation while reducing waste. This Comment: Stock assessment results Atmospheric Administration (NOAA), action is being taken by the AA under indicate that large coastal sharks remain Commerce. authority of the framework provisions of overfished and that rebuilding has not ACTION: Final rule. the FMP and consistent with the begun. Demographic analyses show that provisions of 305(c) of the Magnuson- effective fishing mortality needs to be SUMMARY: NMFS issues this final rule to Stevens Act. halved in order for large coastal sharks implement certain measures authorized Comments and Responses to recover. NMFS needs to take action by the Fishery Management Plan for immediately and reduce the commercial Comments were requested for the Sharks of the Atlantic Ocean (FMP). quota for large coastal sharks by 50 measures in the proposed rule. The These measures: Reduce commercial percent at a minimum. quotas for large coastal sharks, reduce comment period on the proposed rule Response: NMFS agrees that the 1996 recreational bag limits; establish a was originally scheduled to end on SEW final report indicates that large commercial quota for small coastal January 21, 1997. Four public hearings coastal sharks remain overfished and sharks; prohibit directed commercial were held on the proposed rule. Due to that a risk-averse approach is needed. A fishing for, landing of, or sale of five scheduling conflicts for the final 50 percent reduction in commercial species of sharks; establish a hearing, the public comment period was quota for large coastals is an recreational catch-and-release only extended until January 24, 1997 (62 FR approximation to halving current fishery for white sharks; prohibit 1872, January 14, 1997). Based on effective fishing mortality. Production filleting of sharks at sea; and refers to public request, the comment period was model analyses indicate that a 50 the requirement for species-specific again extended until February 7, 1997 percent reduction in effective fishing identification by all owners or (62 FR 4239, January 29, 1997), to allow mortality is likely to maintain large operators, dealers, and tournament for additional public input. coastal sharks near 1996 levels. This operators of all sharks landed under the NMFS received more than 600 written will ensure that allowable catches of framework provisions of the FMP. This comments from members of Congress, large coastals are consistent with the rule is intended to reduce effective regional fishery management councils, best available scientific information and fishing mortality, stabilize the large states, the U.S. Coast Guard, reduce the probability of further coastal shark population, facilitate conservation organizations, a scientific declines until a new rebuilding enforcement, and improve management organization, scientists from four schedule can be developed. The final of Atlantic shark resources. universities, scientists from a marine action is intended as an interim measure EFFECTIVE DATE: April 2, 1997. laboratory, recreational fishing associations, marine oriented because NMFS intends to update the ADDRESSES: Copies of the Final publications, recreational fishermen scientific information to the extent Environmental Assessment and involved in the party/charter boat practicable and to develop a long-term Regulatory Impact Review/Final business, a business that sells shark rebuilding schedule for large coastal Regulatory Flexibility Analysis (EA/ parts, commercial fishermen, sharks. NMFS intends to implement this RIR/FRFA) may be obtained from the commercial fishermen's associations, a updated rebuilding schedule through an Highly Migratory Species Management fisheries development foundation, FMP amendment in consultation with Division (SF1), Office of Sustainable individuals, and a shark fishery an Advisory Panel (AP) as required by Fisheries, NMFS, 1315 East-West observer. NMFS also received verbal the amended Magnuson-Stevens Act. At Highway, Silver Spring, MD 20910, comments on this rule at public that time, NMFS will analyze alternative (301) 713±2347, fax (301) 713±1917. hearings and other public meetings. management measures, such as nursery/ FOR FURTHER INFORMATION CONTACT: C. Agency responses to public comments pupping ground closures and minimum Michael Bailey, John D. Kelly or Margo follow. sizes, and may adjust commercial quota B. Schulze, 301±713±2347, FAX 301± levels if alternative management 713±1917. 1. Large Coastal Shark Commercial measures can supplement quotas in SUPPLEMENTARY INFORMATION: The Quota controlling effective fishing mortality. Atlantic shark fishery is managed under NMFS received several hundred Towards this end, NMFS has the FMP prepared by NMFS under comments regarding the large coastal accelerated an ongoing effort to authority of Section 304(g) of the shark commercial quota. In addition to determine the potential effects of these Magnuson-Stevens Fishery numerous individuals, seventy-four alternative management measures on Conservation and Management Act comments from members of Congress, fishing mortality. (Magnuson-Stevens Act) and regional fishery management councils, Comment: NMFS should close the implemented through regulations found states, conservation organizations, a large coastal commercial fishery until at 50 CFR part 678. The current status scientific organization, and recreational there is clear evidence that rebuilding of the commercial and recreational fishing associations support a 50 has been initiated. Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Rules and Regulations 16649 Response: NMFS disagrees that a stating: ``Our concern with quota Response: It is NMFS' practice to fishery closure is necessary to initiate reduction as the sole method of incorporate landings information into rebuilding of large coastal sharks at this achieving the reduction in fishing stock assessments, to the extent time. The 1996 SEW final report mortality is that the population appropriate, once it has been verified for indicates that the rapid rate of decline simulation models are based on data authenticity, and is in a usable format. that characterized the stock in the mid that are inadequate to incorporate the Not all data that exist in raw form can 1980's has slowed significantly and that benefits of the management measures or should be included in stock there is no statistically significant implemented in the FMP in 1993. These assessments. However, NMFS is aware evidence of further decline since the data are not available because increases that some data may not have been FMP was implemented, indicating that in production since the 1993 FMP have included in the stock assessments the FMP management measures not entered the fishery.'' because they were unavailable (e.g., implemented have been working. While Response: NMFS believes that there is copies not provided to NMFS, not in it is true that clear evidence of measurable evidence of the effects of electronic form, etc.). To this end, rebuilding is not available, NMFS management since implementation of NMFS intends to work with industry to believes that the final action will reduce the FMP. The 1996 SEW final report recover missing data and use them, if the probability of further declines until states that the rapid rate of decline that appropriate and practicable, in order to alternative management measures are characterized the large coastal shark increase stock assessment accuracy and developed. The 1996 SEW production stocks in the mid 1980's has slowed precision. model analyses, which are probabilistic significantly. However, no clear Comment: Quota reductions may in nature, also indicate that a 50 percent evidence is available that rebuilding has increase, not decrease, effective fishing reduction in quota may lead to slow begun. The report also states that mortality as well as increase regulatory rebuilding. Additionally, a fishery additional reductions in fishing discards and mortality of sharks that closure would impose substantial mortality would improve the probability cannot be landed during a closed hardship on the commercial fishing of stock increases. The commercial season. Thus National Standard
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