Atlantic Highly Migratory Species; Atlantic Commercial Shark Management Measures

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: October 5, 2006 (Volume 71, Number 193)]
[Proposed Rules]
[Page 58778-58783]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05oc06-22]

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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 060925247-6247-01; I.D. 091106B]
RIN 0648-AU84

Atlantic Highly Migratory Species; Atlantic Commercial Shark
Management Measures

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.

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SUMMARY: This proposed rule would establish the 2007 first trimester
season quotas for large coastal sharks (LCS), small coastal sharks
(SCS), and pelagic sharks. The proposed rule also would modify the
existing mid-Atlantic shark closed area in 2007. In addition, this rule
proposes the opening and closing dates for the LCS fishery based on
adjustments to the trimester quotas. The intended effect of these
proposed actions is to provide advance notice of quotas and season
dates for the Atlantic commercial shark fishery and address over- and
underharvests that occurred in the Atlantic shark fishery in the first
trimester of 2006.

DATES: Written comments will be accepted until November 1, 2006.
Public hearings will be held from 6-8 p.m. on each of the following
dates: October 19, 23, and 25.

ADDRESSES: Written comments on the proposed rule may be submitted to
Michael Clark, Highly Migratory Species Management Division via:
? E-mail: SF1.091106B@noaa.gov.
? Mail: 1315 East-West Highway, Silver Spring, MD 20910.
Please mark on the outside of the envelope ``Comments on Proposed Rule
for 2007 1st Trimester Season Lengths and Quotas.''
? Fax: 301-713-1917.
? Federal e-Rulemaking portal: http://www.regulations.gov.
Include in the subject line the following identifier: I.D. 091106B.
The hearing locations are:
1. October 19, 2006 from 6-8 p.m. City of Madeira Beach, 300
Municipal Drive, Madeira Beach, FL 33708.
2. October 23, 2006 from 6-8 p.m. Town Hall, 407 Budleigh Street,
Manteo, NC 27954.
3. October 25, 2006 from 6-8 p.m. Comfort Inn and Suites Port
Canaveral Area, 3901 N. Atlantic Avenue, Cocoa Beach, FL 32931.
Copies of the draft Environmental Assessment (EA) and other relevant
document are available from the HMS website (http://www.nmfs.noaa.gov/
sfa/hms/), or by contacting Michael Clark (see FOR FURTHER INFORMATION
CONTACT).

FOR FURTHER INFORMATION CONTACT: Michael Clark or Karyl Brewster-Geisz
by phone: 301-713-2347 or by fax: 301-713-1917.

SUPPLEMENTARY INFORMATION:

Background

The Atlantic shark fishery is managed under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). NMFS recently finalized a Consolidated Highly Migratory
Species Fishery Management Plan (HMS FMP) that consolidated and
replaced previous FMPs for Atlantic Billfish and Atlantic Tunas,
Swordfish, and Sharks. The HMS FMP is implemented by regulations at 50
CFR part 635.
Currently, the Atlantic shark annual quotas, with the exception of
pelagic sharks, are split among three regions based on historic
landings (1999 - 2003). Consistent with 50 CFR 635.27(b)(1)(iii) and
(iv), the annual LCS quota (1,017 mt dw) is split among the three
regions as follows: 52 percent to the Gulf of Mexico, 41 percent to the
South Atlantic, and 7 percent to the North Atlantic. The annual SCS
quota (454 mt dw) is split among the three regions as follows: 10
percent to the Gulf of Mexico, 87 percent to the South Atlantic, and 3
percent to the North Atlantic.
The regional quotas for LCS and SCS were divided equally between the

[[Page 58779]]

trimester seasons in the South Atlantic and the Gulf of Mexico, and
according to historical landings of 4, 88, and 8 percent for LCS, and
1, 9, and 90 percent for SCS in the first, second, and third trimester
seasons, respectively, in the North Atlantic. The quotas were divided
in this manner because sharks are available throughout much of the year
in the Gulf of Mexico and South Atlantic regions, but primarily during
the summer months in the North Atlantic region. Dividing the quotas
equally among the three trimester seasons in the South Atlantic also
result in a greater proportion of the quota being made available during
August and September when the mid-Atlantic shark closure is no longer
in effect.
Consistent with 50 CFR 635.27(b)(1)(iii) and (vi), any over- or
underharvest in a given region from the 2006 first trimester season
will be carried over to the 2007 first trimester season in that region.

First Trimester 2006 Landings

Shark landings data for the first trimester of 2006 are provided in
Table 1. As a result of the over- and underharvests that occurred in
the first trimester season of 2006, NMFS analyzed alternatives to
adjust the 2007 first trimester seasons and quotas for the LCS fishery.

Quota Adjustments in the LCS Fishery

The Agency conducted an Environmental Assessment (EA) to analyze
five alternatives for adjusting regional trimester LCS quotas and other
management measures based on the over- and underharvests that occurred
in the LCS fisheries in the South Atlantic and Gulf of Mexico regions,
respectively, during the 2006 first trimester season.
These measures are necessary to ensure that over- and underharvests
from 2006 are accounted for and any impacts are analyzed. The base
quotas established in Amendment 1 to the FMP for Atlantic Tunas,
Swordfish, and Sharks and maintained in the Consolidated HMS FMP would
not be affected by this rulemaking. Rather, the base quotas would be
changed via an amendment to the FMP. These measures are necessary to
ensure that over- and underharvests from 2006 are accounted for and any
impacts are analyzed. The Agency is preparing, in a separate action, an
amendment to the 2006 Consolidated HMS FMP to implement management
measures that address the results of recent stock assessments,
including the need for rebuilding plans and other modifications to the
management program. Therefore, the Agency is not proposing any
modifications to fishing seasons or quotas beyond the first trimester
of 2007, at this time.
The current regulations (status quo, alternative 1) state that NMFS
will adjust the next year's fishing season (2007) and quotas for LCS to
reflect actual landings during the previous fishing season (2006) in
any particular region. Due to the excessive landings (230 percent of
quota) of LCS reported in the South Atlantic region during the first
trimester of 2006, the status quo alternative would not allow for any
available quota in that region for LCS in the first trimester of 2007.
This alternative would not modify the regional quotas or the mid-
Atlantic shark closed area. Quotas and season lengths are provided in
Table 1.
The current regulations at 50 CFR 635.27(b)(1)(vi)(A) and (b)(2)
allow for the transfer of up to 10 percent of a region's annual quota
between two regions that have a corresponding under- and overharvest.
Thus, NMFS also considered alternative 2, which would transfer up to 10
percent of the Gulf of Mexico region's annual quota to the South
Atlantic region. This amount of quota would not be sufficient to
account for the overharvest experienced by the South Atlantic region
during the first trimester of 2006.
The preferred alternative (alternative 3) would close the South
Atlantic region to LCS fishing during the first trimester of 2007 and
open the mid-Atlantic shark closed area in July 2007, subject to
availability of quota for the second trimester of 2007. This
alternative would result in a closure of the South Atlantic region for
approximately six months (January-June 2007). Negative ecological
impacts of re-opening the closed area are not expected to be
significant because the re-opening would be allowed for only one month
during one year. Unless action were taken to open the closure in the
upcoming amendment to the HMS FMP, the area would be closed from
January 1 to July 31, in 2008 and subsequent years. Economic and social
impacts of re-opening the mid-Atlantic shark closed area would likely
be positive relative to the status quo as fishermen in this area would
have additional fishing opportunities during the month of July.
Alternative 4 would open the mid-Atlantic shark closed area from
January 1, 2007, through July 31, 2007. The opportunity to land LCS in
this area during this time period would be contingent on the
availability of quota for the first and second trimesters of 2007. This
alternative was not selected because LCS quota would not likely be
available for the first trimester of 2007, therefore, the closed area
would not be opened until the second trimester (July 2007), similar to
the preferred alternative. Furthermore, if quota were made available by
combining this alternative with alternative 5, negative ecological
impacts may be more extensive because the overharvest that occurred in
2006 would not be addressed. A permanent removal of the closure was not
analyzed because such an action would require an FMP amendment to
ensure consistency with the current rebuilding plan for sandbar sharks.
An upcoming FMP amendment will implement measures to address the 2006
stock assessments for the LCS complex and dusky, sandbar, and blacktip
sharks and will also review the mid-Atlantic shark closed area, among
other measures, in light of more recent information.
Lastly, alternative 5 would transfer the entire underharvest from
the Gulf of Mexico region (119.7 mt dw) to the South Atlantic region.
Once overharvests from 2006 are addressed, this alternative would
provide a quota of 74.3 mt dw, resulting in a three-week fishing season
for the South Atlantic region during the first trimester of 2007. A
season of three weeks would be estimated to harvest 85 percent of the
quota, including 33 percent that is harvested after the seasonal
closure. Keeping the season open for four weeks would result in a 2
percent overharvest during the first trimester. Transferring this quota
to the South Atlantic region results in 176.1 mt dw of LCS quota and a
proposed seasonal closure of April 15, 2007, for the Gulf of Mexico
region. Keeping the season open until April 30, 2007, would result in a
9 percent overharvest, including 0.85 percent being harvested after the
seasonal closure. The North Atlantic region would have the same fishing
seasons and quotas as the preferred alternative.
Combining alternative 5, which would transfer the Gulf of Mexico
region's underharvest to the South Atlantic region with alternative 4,
which would open the mid Atlantic shark fishery closure in January
2007, would result in negative ecological impacts and positive social
and economic benefits.
The preferred alternative (alternative 3) was selected to account
for the overharvest experienced by the South Atlantic region during the
first trimester of 2006, while providing participants in this region
with a one-time additional fishing opportunity in the month of July
2007. The ability to fish during the month of July 2007, depending on

[[Page 58780]]

available quota, should not result in significant negative ecological
impacts due to the limited nature of the opening (one month in one
year). In addition, this alternative may offset some of the negative
economic impacts of not being able to target LCS for the first six
months of 2007 as a result of the first trimester closure. Furthermore,
this opening may address perceived inequity between fishery
participants in the vicinity of the mid-Atlantic shark closed area with
those in other portions of the South Atlantic region.

Proposed Quotas for First Trimester 2007

Pursuant to Amendment 1 to the FMP for Atlantic Tunas, Swordfish,
and Sharks, and the Final Consolidated HMS FMP, the 2007 annual base
landings quotas are 1,017 mt dw (2,242,078 lb dw) for LCS and 454 mt dw
(1,000,888.4 lb dw) for SCS. The 2007 quota levels for pelagic, blue,
and porbeagle sharks are 488 mt dw (1,075,844.8 lb dw), 273 mt dw
(601,855.8 lb dw), and 92 mt dw (202,823.2 lb dw), respectively. This
proposed rule does not propose any changes to these overall base
landings quotas. Table 1 describes the proposed quotas for LCS, SCS,
and pelagic sharks for the various regions (if applicable) for the
first trimester of 2007 adjusted for over- and underharvests that
occurred during the first trimester of 2006.
Existing regulations do not allow underharvests of pelagic sharks
to be carried forward to the next fishing management period. As of
August 2006, approximately 20.3 mt dw had been reported landed in the
2006 first trimester fishing season in total for pelagic, blue, and
porbeagle sharks combined. Thus, the pelagic shark quota does not need
to be reduced consistent with the current regulations 50 CFR
635.27(b)(1)(iv). The 2007 first trimester season quotas for pelagic,
blue, and porbeagle sharks are proposed to be 162.7 mt dw (358,688 lb
dw), 91 mt dw (200,619 lb dw), and 30.7 mt dw (67,681 lb dw), respectively.

Proposed Fishing Season Notification and Quotas for the First Trimester
Season 2007

The first trimester fishing season of the 2007 fishing year for
SCS, pelagic sharks, blue sharks, and porbeagle sharks in the
northwestern Atlantic Ocean, including the Gulf of Mexico and the
Caribbean Sea, is proposed to open on January 1, 2007 (Table 1). When
quotas are projected to be reached for the SCS, pelagic, blue, or
porbeagle sharks, the Assistant Administrator (AA) will file
notification of closures at the Office of the Federal Register at least
14 days before the effective date, consistent with 50 CFR 635.28(b)(2).
Pursuant to 50 CFR 635.5(b)(1), shark dealers must report any
sharks received twice a month. More specifically, sharks received
between the first and 15th of every month must be reported to NMFS by
the 25th of that same month and those received between the 16th and the
end of the month must be reported to NMFS by the 10th of the following
month. Thus, in order to provide consistency and predictability in
managing the fishery, NMFS proposes to close the Federal LCS fishery on
either the 15th or the end of any given month.

Proposed Opening and Closing Dates and Quotas

Proposed opening and closing dates for the 2007 first trimester
season, by region and species group, are provided in Table 1.

Table 1. Proposed Seasons and Quotas for LCS, SCS, and Pelagic Sharks for the First Trimester of 2007.
All quotas and landings are dressed weight, in metric tons, unless specified otherwise.
----------------------------------------------------------------------------------------------------------------
2006 2007
Region 1\st\ 2006 1\st\ 1\st\ +/- Under/ 2007 Proposed
Species Group (Annual Quota) (Allocation) Tri. Tri. Tri. Over Proposed Season
Quota Landings Quota Harvest Quota
----------------------------------------------------------------------------------------------------------------
Large Coastal Sharks (1,017) Gulf of Mexico 176.1 103.1 176.1 +119.7 295.8 Jan. 1 -
(52 %). (692,157 April 30,
lb dw). 2007
--------------------------------------------------------------------------------
South Atlantic 141.3 326.1 137.6 -184.3 -46.7 (- Closed
(41 %). 102,955
lb dw).
--------------------------------------------------------------------------------
North Atlantic 5.3 0.3 2.8 +5.0 7.8 Jan. 1 -
(7 %). (17,196 April 30,
lb dw). 2007
----------------------------------------------------------------------------------------------------------------
Small Coastal Sharks (454) Gulf of Mexico 14.8 5.0 15.1 +9.8 24.9 Jan. 1,
(10 %). (54,894 2007 - To
lb dw). be
determine
d
---------------------------------------------------------------------
South Atlantic 284.6 42.1 131.5 +242.5 374.0 ..........
(87 %). (824,520
lb dw).
---------------------------------------------------------------------
North Atlantic 18.7 0.1 0.1 +18.6 18.7 ..........
(3 %). (41,226
lb dw).
----------------------------------------------------------------------------------------------------------------
Blue Sharks (273) No regional 91.0 20.3 91.0 Not 91.0 Jan. 1,
quotas. applicab (200,618 2007 - To
le lb dw). be
determine
d
-------------------------------- --------- --------- ------------
Porbeagle sharks (92) .............. 30.7 .......... 30.7 ......... 30.7 ..........
(67,681
lb dw).
-------------------------------- --------- --------- ------------
Pelagic Sharks other than .............. 162.7 .......... 162.7 ......... 162.7 ..........
Porbeagle or blue (488) (358,688
lb dw).
----------------------------------------------------------------------------------------------------------------

Request for Comments

Comments on this proposed rule may be submitted at public hearings,
via email, mail, or fax. NMFS will hold three public hearings to
receive comments from fishery participants and other members of the
public regarding these proposed alternatives. These hearings will be
physically accessible to people with disabilities. Requests for sign
language interpretation or other auxiliary aids should be directed to

[[Page 58781]]

Michael Clark at (301) 713-2347 at least 5 days prior to the hearing
date. For individuals unable to attend a hearing, NMFS also solicits
written comments on this proposed rule (see DATES and ADDRESSES).

Classification

NMFS has preliminarily determined that this action is consistent
with section 304(b)(1) of the Magnuson-Stevens Fishery Conservation and
Management Act, including the National Standards, and other applicable law.
An EA has been prepared that describes the impact on the human
environment that would result from implementation of alternative
management measures that may adjust LCS quotas in the first trimester
of 2007 based on over- and underharvests in the South Atlantic and Gulf
of Mexico regions, respectively. Based on the EA, Regulatory Impact
Review (RIR), and Initial Regulatory Flexibility Analysis (IRFA) under
the Regulatory Flexibility Act, and review of the National
Environmental Policy Act (NEPA) criteria for significant effects (40
CFR Part 1508.27) and NMFS criteria for significance evaluated above
(NAO 216-6 Section 6.02), no significant effect on the quality of the
human environment is anticipated from this action.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
In compliance with Section 603 of the Regulatory Flexibility Act,
an Initial Regulatory Flexibility Analysis was prepared for this rule.
The IRFA analyzes the anticipated economic impacts of the preferred
actions and any significant alternatives to the proposed rule that
could minimize economic impacts on small entities. A summary of the
IRFA is below. The full IRFA and analysis of economic and ecological
impacts, are available from NMFS (see ADDRESSES).
In compliance with Section 603 (b)(1) and (2) of the Regulatory
Flexibility Act, the purpose of this proposed rulemaking is, consistent
with the Magnuson-Stevens Act, to adjust the LCS and SCS regional and
trimester quotas and propose season lengths for LCS, SCS, and pelagic
sharks for the first trimester of 2007 based on under- and overharvests
that occurred during the first trimester of 2006. This rule does not
change the overall base quotas.
Section 603 (b)(3) requires Agencies to provide an estimate of the
number of small entities to which the rule would apply. This rule could
directly affect commercial shark fishermen and dealers on the Atlantic
Ocean in the United States. There are approximately 552 (240 directed
and 312 incidental) shark permit holders and 336 commercial shark
dealers that would be affected by this proposed rule. All of these
permit holders and dealers are considered small entities according to
the Small Business Administration's standard for defining a small
entity. Other small entities involved in HMS fisheries such as
processors, bait houses, and gear manufacturers might be indirectly
affected by the proposed regulations.
This proposed rule does not contain any new reporting,
recordkeeping, or other compliance requirements (5 U.S.C. 603 (b)(4)).
Similarly, this proposed rule would not conflict, duplicate, or overlap
with other relevant Federal rules (5 U.S.C. 603(b)(5)).
One of the requirements of an IRFA, under Section 603 of the
Regulatory Flexibility Act, is to describe any alternatives to the
proposed rule that accomplish the stated objectives and that minimize
any significant economic impacts (5 U.S.C. 603 (c)). Additionally, the
Regulatory Flexibility Act (5 U.S.C. 603 (c)(1)-(4)) lists four
categories for alternatives that must be considered. These categories
are: (1) establishment of differing compliance or reporting
requirements or timetables that take into account the resources
available to small entities; (2) clarification, consolidation, or
simplification of compliance and reporting requirements under the rule
for such small entities; (3) use of performance rather than design
standards; and (4) exemptions from coverage for small entities.
In order to meet the objectives of this proposed rule, consistent
with Magunson-Stevens Act and the Endangered Species Act (ESA), NMFS
cannot exempt small entities or change the reporting requirements only
for small entities. Thus, there are no alternatives discussed that fall
under the first and fourth categories described above. In addition,
none of the alternatives considered would result in additional
reporting or compliance requirements (category two above). NMFS does
not know of any performance or design standards that would satisfy the
aforementioned objectives of this rulemaking while, concurrently,
complying with the Magnuson-Stevens Act. As described below, NMFS
analyzed five different alternatives in this proposed rulemaking and
provides justification for selection of the preferred alternative to
achieve the desired objective.
The alternatives included: status quo (alternative 1), transferring
10 percent of the Gulf of Mexico region annual quota to the South
Atlantic (alternative 2), closing the South Atlantic region during the
first trimester of 2007 and opening the mid Atlantic shark closed area
in July 2007 (alternative 3), removing the mid-Atlantic shark closed
area (alternative 4), and transferring the entire Gulf of Mexico region
underharvest to the South Atlantic region (alternative 5). Closing the
South Atlantic region during the first trimester and opening the mid
Atlantic shark closed area in July is the preferred alternative
(alternative 3).
Alternative 1 is considered the status quo alternative since it
would maintain existing procedures for addressing regional trimester
over- and underharvests when establishing the regional quotas and
seasons for the first trimester of 2007 and it would also maintain the
existing mid-Atlantic shark closure. The Gulf of Mexico and North
Atlantic regions would maintain similar economic levels as previous
years because those regions are proposed to be open, with ample quota,
throughout the entire first trimester 2007. This alternative is not
preferred, as it would result in negative economic impacts for the
South Atlantic region, compared to the preferred alternative.
By itself, the status quo alternative does not create any new
economic burdens on the shark commercial industry. Regardless, the
unexpected magnitude of the 2006 first trimester overharvest would
result in no commercial fishing for LCS in the entire South Atlantic
region from January 1 to July 31, 2007, and there would be no fishing
with bottom longline (BLL) gear permitted in the Mid-Atlantic shark
closure until August 1, 2007.
If not for the overharvest in 2006, the first trimester quota
available would have been 137.6 mt of LCS. Using a median ex-vessel
price of $0.51 for LCS and $12.61 for shark fin reported HMS Dealer
reports from 2002 to 2005 for the South Atlantic and adjusted for
inflation, the value of this harvest would have been approximately
$146,976 for LCS fresh (95 percent of the quota weight) and $191,266
for shark fins (based on the 5 percent shark fin to carcass
regulation). Therefore, the 2006 overharvest is estimated to have an
estimated direct revenue impact on South Atlantic commercial shark
fishing activity of approximately $338,242. There will also be
continued economic hardship compared to the preferred alternative for
fishing operations using BLL gear that are dependant on LCS in the
vicinity of the Mid-Atlantic shark closure since they would not be
permitted to fish until August 1, 2007. However, it should be noted
that fishermen received revenue sooner

[[Page 58782]]

under the 2006 first trimester overharvest than they normally would
have received. However, a closure during the first trimester of 2007
would result in disrupted revenue flows and negative economic impacts.
Using the median ex-vessel prices for the first trimester of 2006 of
$0.45 and $14.00 for LCS flesh and shark fins, respectively, the
estimated revenue for the first trimester in 2006 from the 184.3 mt in
overharvest was $458,116.
Maintaining the Mid-Atlantic shark closed area would result in no
fishing with BLL gear permitted in the mid-Atlantic shark closure until
August 1, 2007. This could impact some of the vessels dependant on
fishing with BLL gear in this region.
Alternative 2 would adjust the South Atlantic regional LCS quota
for the first trimester by transferring up to 10 percent of the 2006
first trimester quota from the Gulf of Mexico. This would likely result
in the same economic effects as the status quo alternative, since the
transferred amount is not likely to be sufficient to allow for an LCS
season in the first trimester in the South Atlantic region while still
allowing for a full season in the Gulf of Mexico region. Before
implementing this alternative, it would be necessary to review the
annual regional landings for 2006 for both regions before determining
whether the South Atlantic and Gulf of Mexico regions have
corresponding annual over- and underharvests, respectively. This
alternative is not preferred, as it would result in negative economic
impacts for the South Atlantic region, similar to alternative 1 (status
quo), compared to the preferred alternative.
Alternative 3, the preferred alternative, would close the entire
South Atlantic region for LCS during the first trimester of 2007 and
open the entire area including the mid-Atlantic shark closed area
region in July 2007, pending availability of quota. This alternative
could minimize the economic costs associated with the South Atlantic
overharvest. As described above for Alternative 1, the 2006 overharvest
is estimated to have an estimated direct revenue impact on South
Atlantic commercial shark fishing activity of approximately $338,242.
In 2005, 46 vessels reported landings in the South Atlantic region,
indicating that the LCS closure could result in a loss of revenue of
approximately $7,353/vessel. However, this alternative might provide an
additional month of fishing opportunities for vessels that may not be
able to participate in the South Atlantic fishery during the first six
months of 2007. Compared to pre-closure landings (2002-2004), landings
in 2005 of LCS decreased by 13.9 mt dw which may have been a result of
the closed area. This additional month of access to the mid-Atlantic
shark closed area region during the month of July is estimated to
potentially result in an additional $34,188 in gross shark revenues
based on the difference in landings that may occur as a result of
reopening the mid-Atlantic shark closed area.
Alternative 4 would open the mid-Atlantic shark closed area on
January 1, 2007, through July 31, 2007, dependant on available quota
for LCS during the first and second trimester seasons of 2007. Given
the preliminary landings data as of August 24, 2006, it is likely quota
will not be available. Therefore, it is likely that this alternative
would result in economic impacts identical to Alternative 3. The
impacts of this alternative would be similar to the preferred
alternative or the status quo alternative as lack of available quota
would prevent fishing in the South Atlantic region during the first
trimester. This alternative is not preferred because the preferred
alternative achieves similar objectives, yet ensures that the
ecological benefits of maintaining the mid-Atlantic shark closed area
are maintained through June of 2007. Furthermore, if fishing were
allowed in the first trimester of 2007 by transferring quota from the
Gulf of Mexico region (alternative 5) this alternative would result in
negative ecological impacts because it does not account for the
overharvest that occurred in 2006.
Alternative 5 would distribute a portion of the LCS underharvest
from the Gulf of Mexico's landings from the first trimester of 2006 to
the South Atlantic first trimester of 2007 thus providing a first
trimester season for 2007 in the South Atlantic. Transferring all of
the Gulf of Mexico region's under harvest to the South Atlantic could
provide for 74.3 mt dw of quota that would provide for an approximately
3-week long season. This 3-week season would generate approximately
$182,641 (95 percent at $0.51/lb dw LCS and 5 percent at $12.61/lb dw
shark fins) in revenue in the South Atlantic region. However, the
estimated revenue generated during the 3-week season would still be
about $155,601 less than the potential revenue associated with the
annual quota allocation. This alternative was not selected as it would
not account for the overharvest experienced in the South Atlantic
region during the first trimester of 2006, resulting in additional
fishing mortality in 2007 and negative ecological impacts as a
consequence. Furthermore, the potential exists for the South Atlantic
region to exceed its 2007 first trimester quota, exacerbating future
potential economic and ecological impacts as a result.
Overall, underharvests from 2006 that would be transferred to the
first trimester season quota for 2007 under this alternative may result
in economic benefits for the Gulf of Mexico that may potentially offset
some of the negative economic impacts to the South Atlantic region.
Increases in possible revenue as a result of transferring the
underharvests are only potential amounts that may or may not be
realized. If revenues are not realized then there would be no economic
impact because the fishermen did not receive any benefit from the
transfer of underharvests. If revenues are realized, it may result in a
positive economic impacts.
These proposed regulations are not expected to increase endangered
species or marine mammal interaction rates. A Biological Opinion (BiOp)
issued October 29, 2003, concluded that the continued operation of the
Atlantic shark fisheries was not likely to jeopardize the continued
existence of any listed species under NMFS purview. An analysis of the
anticipated incidental takes of sea turtles (primarily loggerhead and
leatherback sea turtles) and smalltooth sawfish resulted in a ``non-
jeopardy'' determination in the BiOp. This proposed rule would adjust
LCS quotas for the first trimester of 2007 based on over- and
underharvests that occurred in the first trimester of 2006.
Furthermore, this proposed rule would not alter fishing practices or
fishing effort significantly and therefore should not have any further
impacts on endangered species or marine mammals beyond those considered
in the October 29, 2003, BiOp for Atlantic shark fisheries. Between
1994-2004, there have been 5 loggerhead sea turtles observed caught on
BLL gear in the mid-Atlantic shark closed area, two of which were
released alive. Only one of these interactions occurred during the moth
of July (1998). Re-opening the mid-Atlantic shark closure in July would
likely have slightly negative ecological impacts because the likelihood
of interactions with protected resources and other bycatch would be
increased due to the displacement of fishing effort to an area that had
been previously closed. The modification to the mid-Atlantic shark
closure area is not expected to significantly impact interactions with
protected resources, because the South Atlantic region would be closed
to targeted LCS fishing from January through June of 2007.

[[Page 58783]]

The preferred alternative of opening the mid-Atlantic shark closed
area in July 2007, dependent upon available quota, would likely
increase fishing mortality of juvenile sandbar sharks. This area is
considered an Habitat Area of Particular Concern (HAPC) for sandbar
sharks. However, the impacts on Essential Fish Habitat (EFH), and
specifically, the HAPC are considered to be negligible because of the
short duration of the opening. A status quo alternative was considered
that would have reduced ecological impacts on the HAPC and EFH in
general, however, that alternative would result in more extensive
negative social and economic impacts because the South Atlantic region
will be closed for the first seven months of 2007, rather than six
months as preferred.

List of Subjects in 50 CFR Part 635

Fisheries, Fishing, Fishing vessels, Foreign relations, Imports,
Penalties, Reporting and recordkeeping requirements, Treaties.

Dated: September 28, 2006.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries Service.
For reasons set out in the preamble, 50 CFR part 635 is proposed to
be amended as follows:

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

1. The authority citation for part 635 continues to read as follows:

Authority: 16 U.S.C. et seq.; 16 U.S.C. 1801 et seq.
2. In Sec. 635.21, paragraph (d)(1) is revised to read asfollows:

Sec. 635.21 Gear operation and deployment restrictions.

* * * * *
(d) * * *
(1) If bottom longline gear is on board a vessel issued a permit
under this part, persons on board that vessel may not fish or deploy
any type of fishing gear in the mid-Atlantic shark closed area from
January 1 through July 31 each calendar year, except that in 2007 the
mid-Atlantic shark closed area will be closed from January 1 through
June 30 and may open in July, contingent upon available quota.
* * * * *
[FR Doc. E6-16408 Filed 10-4-06; 8:45 am]
BILLING CODE 3510-22-S

Notices For
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994

Atlantic Highly Migratory Species; Atlantic Commercial Shark Management Measures

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