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Fisheries Off West Coast States and in the Western Pacific; Atlantic Highly Migratory Species; Fisheries of the Northeastern United States
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 28, 2001 (Volume 66, Number 125)]
[Proposed Rules]
[Page 34401-34405]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jn01-19]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 600, 635, and 648
[Docket No. 010612153-1153-01; I.D. 041901A]
RIN 0648-AP21
Fisheries Off West Coast States and in the Western Pacific;
Atlantic Highly Migratory Species; Fisheries of the Northeastern United
States
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes a rule that would implement the provisions of
the Shark Finning Prohibition Act (Act) that prohibit any person under
U.S. jurisdiction from engaging in shark finning in waters seaward of
the inner boundary of the U.S. exclusive economic zone (EEZ),
possessing shark fins harvested in waters seaward of the inner boundary
of the U.S. EEZ on board a fishing vessel without corresponding shark
carcasses, or landing shark fins harvested in waters seaward of the
inner boundary of the U.S. EEZ without corresponding carcasses. The Act
requires the Secretary of Commerce to issue regulations to implement it
and the intent of this action is to propose such regulations.
DATES: Comments must be received at the appropriate address or fax
number (see ADDRESSES) no later than 5 p.m. Pacific daylight time on
July 30, 2001. Comments may also be submitted at a public hearing to be
held on the proposed rule on July 11, 2001, NOAA Auditorium, 1301 East-
West Highway, Silver Spring, MD, 5 p.m. EDT.
ADDRESSES: Written comments should be sent to Dr. Rebecca Lent,
Regional Administrator, Southwest Region, NMFS, 501 W. Ocean Boulevard,
Suite 4200, Long Beach, CA 90802. Comments may also be sent via
facsimile at 562-980-4047. Comments will not be accepted if submitted
by email or Internet. For copies of the draft environmental Assessment
(EA) or regulatory impact review/initial regulatory flexibility
analysis (RIR/IRFA), contact Svein Fougner at 562-980-4040.
FOR FURTHER INFORMATION CONTACT: Svein Fougner, Assistant Regional
Administrator for Sustainable Fisheries, Southwest Region, NMFS, at
562-980-4040; or Charles Karnella, Administrator, Pacific Island Area
Office, NMFS, at 808-973-2935; or Karyl Brewster-Geisz, NMFS
headquarters, at 301-713-2347.
SUPPLEMENTARY INFORMATION: Due to concerns about the status of shark
populations and the effects of heavy fishing on such populations, the
Congress passed, and the President signed, on December 21, 2000, the
Shark Finning Prohibition Act. This Act amends the Magnuson-Stevens
Fishery Management and Conservation Act (Magnuson-Stevens Act). The Act
prohibits any person subject to U.S. jurisdiction from: (1) Engaging in
shark finning (finning is the practice of removing the fin or fins from
a shark and discarding the remainder of the shark) at sea; (2)
possessing shark fins aboard a fishing vessel without the corresponding
carcass; and (3) landing shark fins without a corresponding carcass.
By becoming a signatory nation to the United Nations Food and
Agriculture Organization's International Plan of Action on Sharks, the
United States has agreed that shark conservation is a concern, both
domestically and internationally. The United States has also agreed
that all nations and international fishery organizations should take
action to ensure that shark populations are monitored, and fishery
conservation measures are implemented, to protect sharks from over-
exploitation. The strong international market for shark fins has
increased the potential for fishing shark stocks at unsustainable
levels. Uncontrolled shark finning may lead to unsustainable shark
harvests, as well as the waste of usable (but often relatively lower
value) shark meat. In addition, the species of shark often cannot be
determined from the fins alone. Thus, when finning is practiced, the
effects of fisheries on specific shark species is difficult to discern
because appropriate mortality data are not available for stock
assessments. The intent of the Act is to eliminate the wasteful and
unsportsmanlike practice of shark finning. The intent of this proposed
rule is to achieve the intent of the Act.
The practice of shark finning has been prohibited in the Federal
waters of the Atlantic Ocean, Gulf of Mexico, and Caribbean Sea since
1993 for 39 species of sharks contained in the management unit of the
Fishery Management Plan (FMP) for Sharks of the Atlantic Ocean. In
1999, the FMP for Sharks of the Atlantic Ocean was replaced, and the
prohibition on shark finning expanded to an additional 33 species of
sharks, by the FMP for Atlantic Tunas, Swordfish, and Sharks (HMS FMP).
The only species of shark for which finning was not expressly
prohibited by the HMS FMP was spiny dogfish; however, the Spiny Dogfish
FMP prohibited the finning of spiny dogfish in Federal waters in
January 2000. This proposed rule would not affect any of the
regulations implementing the HMS and Spiny Dogfish FMPs, including
those prohibiting finning or imposing reporting requirements.
To implement the Act, the proposed rule would prohibit: (1) Any
person on a U.S. fishing vessel from engaging in shark finning in
waters seaward of the inner boundary of the U.S. EEZ; however, a U.S.
fisher would not be prohibited from removing and retaining fins from a
shark on a vessel, providing the corresponding carcass is retained on
board the vessel; (2) any person on a U.S. fishing vessel from
possessing shark fins harvested in waters seaward of the inner boundary
of the U.S. EEZ
[[Page 34402]]
on board the vessel without the corresponding shark carcass; (3) any
person on a U.S. fishing vessel from landing shark fins harvested in
waters seaward of the inner boundary of the U.S. EEZ without the
corresponding carcass; and (4) any person on a foreign fishing vessel
from engaging in finning in the U.S. EEZ and from landing shark fins in
or inside the U.S. EEZ without the corresponding carcass. In addition,
the rule would require that all shark fins and carcasses be landed and
weighed at the same time, once landing of shark fins and/or shark
carcasses has begun. This proposed rule would not affect any reporting
requirements currently in place for fisheries that take sharks.
In accordance with the requirements of the Act, it would be a
rebuttable presumption that any shark fin or fins found on board a U.S.
fishing vessel, or landed from any fishing vessel, were taken, held, or
landed in violation of these regulations if the total weight of shark
fins landed or found on board exceeds 5 percent of the total dressed
weight of shark carcasses landed or found on board the vessel. It would
be the responsibility of the person involved to rebut the presumption
by providing evidence that there is good reason for the weight of the
fins to exceed the 5-percent threshold. NMFS has used wet weight to
apply the 5-percent limit for shark fins landed in the Atlantic, Gulf,
and Caribbean, where the fins are generally wet when landed. In the
western Pacific, foreign vessels generally have landed dry fins, and it
is believed that about half the weight of the fin is lost in the drying
process. Domestic vessels, on the other hand, generally land fins that
are relatively wet as the fishing trips are normally 20 days or less
and complete drying can not be achieved in that time. Inasmuch as there
is not expected to be any landing of fins by foreign vessels that have
taken long trips and land only dry fins, and domestic landings (if any)
will likely only be of fins with relatively fresh shark carcasses, it
appears logical to use the wet weight (or equivalent) as the standard
for application of the 5-percent limit. NMFS specifically seeks
comments regarding how ``wet'' should be defined for purposes of this
regulation.
The prohibition of landing shark fins without carcasses would
extend to any vessel (including a cargo or shipping vessel) that
obtained those fins from another vessel at sea. Any such transfer of
shark fins effectively would make the receiving vessel a ``fishing
vessel'', as the receiving vessel is acting ``in support of fishing.''
Thus, the receiving vessel would be prohibited from landing shark fins
without corresponding carcasses under the proposed rule.
Applicability
This proposed rule would not apply to sharks harvested from state
waters. The Act does not contain an express preemption of state
authority over state waters. However, the Act's prohibition on removing
any of the fins of a shark (including the tail) and discarding the
carcass of the shark uses the terms ``discard the carcass of the shark
at sea'' suggesting that this prohibition applies to state waters as
well as waters beyond the inner boundary of the U.S. EEZ. NMFS
specifically requests public comment on whether the Act is applicable
to sharks harvested from state waters and whether NMFS should issue
shark finning regulations applicable to state waters.
It is noted that some states have more restrictive provisions
dealing with shark fishing and finning than the prohibitions and
requirements that would be imposed by this rule with respect to sharks
and their fins harvested from waters seaward of the inner boundary of
the U.S. EEZ. This proposed rule would not have any affect on state
regulations applicable to sharks and their fins harvested from state
waters or to state regulations more restrictive with respect to the
landing of sharks and their fins harvested from waters seaward of the
inner boundary of the U.S. EEZ.
Effects of Proposed Action
The proposed rule would directly affect: (1) Owners, operators, and
crew of U.S. fishing vessels in waters seaward of the inner boundary of
the U.S. EEZ that engage in finning, and the landing and sale of those
fins; (2) owners and employees of U.S. firms that buy and sell shark
fins harvested in waters seaward of the inner boundary of the U.S. EEZ
(which could include U.S. fishing vessels and foreign vessels that
obtain fins without carcasses from foreign vessels at sea); and (3)
owners, operators, and crew of foreign fishing vessels that would
otherwise land shark fins without carcasses in or inside the U.S. EEZ.
Shark finning has been prohibited in the Federal waters of the Atlantic
Ocean, Gulf of Mexico, and Caribbean Sea since 1993, and finning of
spiny dogfish in this region was prohibited in 2000. Further, finning
is effectively prohibited under state regulations on the West Coast and
in the North Pacific, as well as in a number of Atlantic states and
Hawaii. In Hawaii, while it is reported that about 60,000 sharks were
finned by the Hawaii-based longline fleet in 1999, finning has since
been prohibited by state law, and thus this rule will not have large
impacts in Hawaii. Therefore, there will be minimal impacts in these
areas.
Most, if not all, the impacts would likely affect businesses in the
Western Pacific. It is estimated that shark finning accounts for
between $1.8 million and $2.5 million of economic activity in the
western Pacific (not including the values formerly attributable to
finning by domestic vessels in Hawaii until 2000, when finning was
prohibited).
The proposed action is expected to have moderate impacts on fishers
and businesses in Guam and American Samoa, where shark fin landings
have been made and substantial sales and trade in shark fins have been
conducted for many years. In Guam and American Samoa, domestic landings
of shark fins have been very low; however, foreign longline vessels
have landed shark fins there in the past. Under the proposed rule,
sales of those fins would be prohibited unless the corresponding
carcasses were also landed. This prohibition would also affect the
earnings of crew on foreign fishing vessels because the revenue from
fin sales often accrues directly to crew members. If that income is
reduced, there could be less spending by crew members in port calls in
American Samoa and Guam.
The proposed rule could indirectly affect U.S. retailers and
consumers of shark fins, but the extent of impact cannot be determined
with available data. It is possible that shark fins, which would no
longer be available from domestic landings, would be available through
air, ocean, or surface freight shipments. It is also possible that the
price of shark fins would rise due to lower supply. The proposed rule
would not directly affect the owners and employees of businesses that
are engaged in domestic and international shipments of, and trade in,
shark fins in containers or other such shipments, or the owners and
employees of businesses that provide supplies and services to foreign
fishing vessels that may (but do not necessarily) engage in shark
finning and associated sales.
No reporting or recordkeeping requirements are proposed in this
rule. Reporting requirements currently in place are sufficient for
monitoring and enforcement of these regulations. However, these
regulations may be amended if information or conditions demonstrate
that additional reporting or recordkeeping requirements are necessary
to achieve the purposes of the Act. This could include changes in the
information required in logbook forms, a requirement that records be
kept and
[[Page 34403]]
submitted of the weight of shark fins and carcasses landed, or other
information requirements. NMFS will work with the regional fishery
management councils (councils) and interstate marine fisheries
commissions to determine if changes are needed to ensure adequate
records for monitoring the fisheries and enforcing the prohibitions. If
any changes are needed in reporting and recordkeeping requirements,
they may be made nationally or in separate regions.
Alternative Construction of the Statute
NMFS considered applying a broader interpretation of the Act, and
this would be expected to have much greater impacts on foreign
fishermen. One alternative would be to prohibit foreign fishing vessels
from possessing shark fins harvested in waters seaward of the inner
boundary of the U.S. EEZ without carcasses while in U.S. ports. This
could result in a substantial reduction in the use of those ports by
foreign longline vessels that have shark fins on board without
corresponding carcasses. It is estimated that this activity generates
between $40 to $60 million per year in sales by Hawaiian businesses.
Another alternative would be to prohibit landings of shark fins
harvested in waters seaward of the inner boundary of the U.S. EEZ
without carcasses by non-fishing vessels, such as cargo vessels
shipping fins to a U.S. port. Under this alternative, there would be
greater impacts on shippers, retailers, and consumers. U.S. Customs
Service data indicate that documented imports and exports of shark fins
into and out of the U.S. were valued at $3 million and $5 million,
respectively, in 1999. Under this alternative, these shipments would
likely be eliminated and shark fins could only enter the U.S. via air
or land freight.
Another alternative would be to extend the prohibition of
possession of shark fins harvested in waters seaward of the inner
boundary of the U.S. EEZ aboard any vessel under U.S. jurisdiction to
all foreign fishing vessels whenever they are in the EEZ, even if not
engaged in fishing. This could force some vessels fishing throughout
the Pacific to adjust their navigation routes at high expense. It also
would constitute an infringement on the right of freedom of navigation.
This construction appears to go beyond the intent of the Act.
NMFS also considered not promulgating these regulations and using
fishery management plans prepared by councils (and by the Secretary
with respect to Atlantic Ocean, Gulf of Mexico, and Caribbean shark
fishery management) under the Magnuson-Stevens Act to implement the
Act. However, this would not meet the statutory requirements of the
Act.
Finally, NMFS notes that it has received a petition from the
Western Pacific Fisheries Coalition of Kailua, HI, to ban shark
finning. The proposed rule would address the Coalition's concern about
the need for action to restrict or prohibit shark finning in waters
seaward of the inner boundary of the U.S. EEZ. In light of this action,
NMFS has concluded that it is not necessary to take any action in
response to that petition.
Public Hearing
NMFS will hold a public hearing on this proposed rule in Silver
Spring, MD, on July 11, 2001.
Classification
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
NMFS prepared an IRFA that describes the impact this proposed rule
would have on small entities, if adopted. A copy of this analysis is
available from NMFS (see ADDRESSES). A summary of the analysis follows.
The principal effect of this action would be to terminate finning
and landings of fins by U.S. and foreign vessels in the Western
Pacific, where persons and businesses will be more seriously affected
by the elimination of their principal source of shark fins. The
principal affected entities are: (a) U.S. longline and purse seine
fishing vessel operators and crew, active in the western Pacific, and
the businesses that buy and resell shark fins (without corresponding
carcasses) from these vessels; (b) businesses that buy and export shark
fins from crew of foreign longline vessels delivering those fins in
western Pacific ports; and (c) businesses that sell goods and services
to foreign vessel crew members who receive the revenue from the sale of
shark fins in U.S. ports. The western Pacific is the only region where
shark finning by U.S. interests has not previously been regulated under
Federal or state law, and where delivery of fins by foreign vessels has
been legal to date. It is not known how dominant a role shark fin trade
plays in the economic activity of the affected firms; if trade in shark
fins is all that they engage in, then these firms may be forced to
cease activity and/or find alternate lines of trade. They may also seek
ways to find more valuable uses of sharks (e.g., shark meat, cartilage,
skins) such that more carcasses would be retained with the fins and
greater values could be derived from the shark catches in the longline
fishery. However, any such transition is likely to take some time and
the firms would suffer losses until that time. It is estimated that the
loss could be between $2-$3 million per year. It is acknowledged that
there could be reductions in the availability of shark fins for soup
and other products in the U.S. under the proposed rule. However, to the
extent that shark fins could be shipped into the U.S. by alternate
routes to substitute from direct landings, the supply impacts will be
moderated.
As this proposed rule applies only to sharks harvested from waters
seaward of the inner boundary of the U.S. EEZ, it does not conflict
with any state laws governing fishing activities in state waters. Any
state laws and regulations with respect to shark fins harvested from
state waters would be unaffected by this rule as well as would be any
state law or regulation which are more restrictive with respect to the
landing of shark fins harvested from waters beyond the inner boundary
of the U.S. EEZ. NMFS intends to work with those states that do not
already prohibit the landing of shark fins without the corresponding
shark carcasses to enact appropriate laws and/or to issue appropriate
regulations so that the objectives of the Act are fully achieved.
NMFS initiated an informal consultation on May 31, 2001, with
regard to the effects of this proposed rule on endangered and
threatened species under NMFS' jurisdiction. This consultation is
continuing.
NMFS provided the U.S. Fish and Wildlife Service (FWS) with the
draft EA and associated background information on the proposed rule and
requested that FWS concur with NMFS' determination that the proposed
rule would not likely adversely affect any threatened or endangered
species under FWS' jurisdiction.
List of Subjects
50 CFR Part 600
Fisheries, Fishing.
50 CFR Part 635
Fisheries, Fishing, Fishing Vessels, Foreign Relations,
Intergovernmental relations, Penalties, Reporting and recordkeeping
requirements, Statistics, Treaties.
50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
[[Page 34404]]
Dated: June 22, 2001.
William T. Hogarth,
Acting Assistant Administrator for Fisheries, National Marine Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR parts 600, 635, and
648 are proposed to be amended as follows:
PART 600--MAGNUSON-STEVENS ACT PROVISIONS
1. The authority citation for part 600 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. Subpart M is added to read as follows:
Subpart M--Shark Finning
Sec.
600.1019 Purpose and scope.
600.1020 Relation to other laws.
600.1021 Definitions.
600.1022 Prohibitions.
600.1023 Shark finning; possession at sea and landing of shark
fins.
Sec. 600.1019 Purpose and scope.
The regulations in this subpart govern the removal of shark fins
and discarding the carcass in waters seaward of the inner boundary of
the U.S. EEZ (i.e., shark finning), and the possession and landing into
U.S. ports of shark fins harvested in waters seaward of the inner
boundary of the U.S. EEZ.
Sec. 600.1020 Relation to other laws.
(a) The relation of this subpart to other laws is set forth in Secs.
600.514 and 600.705 and in paragraphs (b) and (c) of this section.
(b) Regulations pertaining to shark conservation and management for
certain fisheries are also set forth in this subpart and in parts 635
(for Federal Atlantic Ocean, Gulf of Mexico, and Caribbean shark
fisheries), 648 (for spiny dogfish fisheries), and 660 (for fisheries
off West Coast states and in the western Pacific) of this chapter
governing those fisheries.
(c) Nothing in this regulation supercedes more restrictive state
regulations regarding shark finning.
(d) A person who owns or operates a vessel that has been issued an
Atlantic Federal commercial shark limited access permit or a spiny
dogfish permit is subject to the reporting and recordkeeping
requirements found at parts 635 and 648 of this chapter, respectively.
Sec. 600.1021 Definitions.
(a) In addition to the definitions in the Magnuson-Stevens Act and
Sec. 600.10, the terms used in this subpart have the following
meanings:
Land or landing means offloading fish from a fishing vessel,
arriving in port to begin offloading fish, or causing fish to be
offloaded from a fishing vessel, either to another vessel or to a
shoreside facility.
Shark finning means taking a shark, removing a fin or fins (whether
or not including the tail), and returning the remainder of the shark to
the sea.
(b) If there is any difference between the definitions in this
section and in Sec. 600.10, the definitions in this section are the
operative definitions for the purposes of the regulations in this
subpart.
Sec. 600.1022 Prohibitions.
(a) In addition to the prohibitions in Secs. 600.505 and 600.725,
it is unlawful for any person or vessel subject to the jurisdiction of
the United States to:
(1) Engage in shark finning, as provided in Sec. 600.1023(a).
(2) Possess shark fins without the corresponding carcasses while on
board a U.S. fishing vessel, as provided in Sec. 600.1023 (b).
(3) Land shark fins without the corresponding carcasses, as
provided in Sec. 600.1023 (c).
(4) Fail to have all shark fins and carcasses from a U.S. or
foreign fishing vessel landed at one time and weighed at the time of
the landing, as provided in Sec. 600.1023 (d).
(5) Possess, purchase, offer to sell, or sell shark fins taken,
landed, or possessed in violation of this section, as provided in
Sec. 600.1023 (e).
(6) When requested, fail to allow an authorized officer or any
employee of NMFS designated by a Regional Administrator access to and/
or inspection or copying of any records pertaining to the landing,
sale, purchase, or other disposition of shark fins and/or shark
carcasses, as provided in Sec. 600.1023 (f).
(7) Fail to have shark fins and carcasses recorded as specified in
Sec. 635.30 (c)(3) of this chapter.
(8) Fail to have all shark carcasses and fins landed and weighed at
the same time if landed in an Atlantic coastal port, and to have all
weights being recorded on the weighout slips specified in Sec. 635.5
(a)(2) of this chapter.
(b) For purposes of this section, it is a rebuttable presumption
that shark fins found on board, or landed by, a fishing vessel were
taken, held, or landed in violation of this section if the total weight
of the shark fins on board, or landed, exceeds 5 percent of the total
dressed weight of shark carcasses on board or offloaded from the
fishing vessel.
Sec. 600.1023 Shark finning; possession at sea and landing of shark
fins.
(a) No person or vessel subject to U.S. jurisdiction shall engage
in shark finning in waters seaward of the inner boundary of the U.S.
EEZ.
(b) No person on a U.S. fishing vessel seaward of the inner
boundary of the U.S. EEZ shall possess on board shark fins without the
corresponding carcass(es), except that sharks may be dressed at sea.
(c) No person on board a U.S. or foreign fishing vessel shall land
shark fins harvested in waters seaward of the inner boundary of the
U.S. EEZ without corresponding shark carcasses.
(d) Except as provided in paragraphs (g) and (h) of this section, a
person who operates a U.S. or foreign fishing vessel and who lands
shark fins harvested in waters seaward of the inner boundary of the
U.S. EEZ shall land all fins and corresponding carcasses from the
vessel at the same point of landing and shall have all fins and
carcasses weighed at that time.
(e) A person may not possess, purchase, offer to sell, or sell
shark fins taken, landed, or possessed in violation of this section.
(f) Upon request, a person shall allow an authorized officer or any
employee of NMFS designated by a Regional Administrator access to, and/
or inspection or copying of, any records pertaining to the landing,
sale, purchase, or other disposition of shark fins and/or shark
carcasses.
(g) A person who owns or operates a vessel that has been issued a
Federal Atlantic commercial shark limited access permit and who lands
shark in an Atlantic coastal port must have all fins weighed in
conjunction with the weighing of the carcasses at the vessel's first
point of landing. Such weights must be recorded on the weighout slips
specified in Sec. 635.5 (a)(2) of this chapter.
(h) A person who owns or operates a vessel that has not been issued
a Federal Atlantic commercial shark limited access permit and who lands
shark in or from the EEZ in an Atlantic coastal port must comply with
regulations found at Sec. 635.30 (c)(4) of this chapter.
(i) A person who owns or operates a vessel that has been issued a
Federal Atlantic commercial shark limited access permit and who lands
shark in an Atlantic coastal port may not sell fins whose wet weight
exceeds 5 percent of the dressed weight of the carcasses.
(j) A dealer may not purchase fins from an owner or operator of a
fishing vessel issued a Federal Atlantic commercial shark limited
access permit who lands shark in an Atlantic coastal
[[Page 34405]]
port whose wet weight exceeds 5 percent of the dressed weight of the
carcasses.
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES
3. The authority citation for part 635 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
4. In Sec. 635.30, paragraphs (c)(1) through (c)(3) are revised to
read as follows:
Sec. 635.30 Possession at sea and landing.
* * * * *
(c) Shark. (1) No person shall possess or offload wet shark fins
harvested in waters seaward of the inner boundary of the U.S. EEZ in a
quantity that exceeds 5 percent of the dressed weight of the shark
carcasses. While shark fins are on board and when shark fins are being
offloaded, persons issued a Federal Atlantic commercial shark limited
access permit are subject to the regulations at part 600 (subpart M) of
this chapter.
(2) A person who owns or operates a vessel that has been issued a
Federal Atlantic commercial shark limited access permit may not fillet
a shark at sea. A person may eviscerate and remove the head and fins,
but must retain the fins with the dressed carcasses. While on board and
when offloaded, wet shark fins may not exceed 5 percent of the dressed
weight of the carcasses, in accordance with the regulations at part 600
(subpart M) of this chapter.
(3) A person who owns or operates a vessel that has been issued a
Federal Atlantic commercial shark limited access permit and who lands
shark in an Atlantic coastal port must have all fins and carcasses
weighed and recorded on the weighout slips specified in Sec. 635.5
(a)(2) and in accordance with regulations at part 600 (subpart M) of
this chapter. The wet fins may not exceed 5 percent of the dressed
weight of the carcasses.
* * * * *
5. In Sec. 635.31, paragraphs (c)(3) and (c)(5) are revised to read
as follows:
Sec. 635.31 Restrictions on sale and purchase.
(c) * * *
(3) Regulations governing the harvest, possession, landing,
purchase, and sale of shark fins are found at part 600 (subpart M) of
this chapter and Sec. 635.30 (c).
* * * * *
(5) A dealer may not purchase from an owner or operator of a
fishing vessel shark fins that were not harvested in accordance with
the regulations found at part 600 (subpart M) of this chapter and
Sec. 635.30 (c).
* * * * *
6. In Sec. 635.71, paragraphs (d)(6) and (d)(7) are revised to read
as follows:
Sec. 635.71 Prohibitions.
(d) * * *
(6) Fail to maintain a shark in its proper form, as specified in
Sec. 635.30 (c)(4).
(7) Sell or purchase shark fins that are disproportionate to the
weight of shark carcasses, as specified in Sec. 635.30 (c)(2) and
(c)(3) and Sec. 600.1015 (b) of this chapter.
* * * * *
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
7. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
Sec. 648.14 [Amended]
8. In Sec. 648.14, paragraphs (aa) (4) through (6) are removed and
reserved.
[FR Doc. 01-16191 Filed 6-25-01; 4:24 pm]
BILLING CODE 3510-22-S