Atlantic Shark Fisheries; Semiannual Quotas for Large Coastal and Pelagic Sharks

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 678

[Docket No. 950414106-5106-01; I.D. 121494A]

RIN 0648-AF63

Atlantic Shark Fisheries; Semiannual Quotas for Large Coastal and

Pelagic Sharks

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to establish semiannual commercial

quotas for Atlantic large coastal sharks and Atlantic pelagic sharks

under the framework provisions of the Fishery Management Plan for

Sharks of the Atlantic Ocean (FMP), at 1994 levels. These quotas apply

to permitted vessels for 1995 and, unless adjusted, for future years.

This final rule is intended to reduce the probability of overfishing,

by maintaining the current semiannual quotas for the pelagic shark

species group and rejecting the planned 1995 increases in the

semiannual commercial quotas increase for the large coastal species

group.

EFFECTIVE DATE: May 1, 1995.

ADDRESSES: Requests for copies of the environmental assessment and

regulatory impact review (EA/RIR) should be sent to Richard B. Stone,

Chief, Highly Migratory Species Management Division, ffice of Fisheries

Conservation and Management (F/CM), National Marine Fisheries Service,

1315 East-West Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: C. Michael Bailey, 301-713-2347, FAX

301-713-0596; Michael E. Justen, 813-570-5305 or Kevin B. Foster, 508-

281-9260.

SUPPLEMENTARY INFORMATION: The fishery for Atlantic sharks is managed

under the FMP prepared by NMFS under authority of section 304(f)(3) of

the Magnuson Fishery Conservation and Management Act (Magnuson Act),

and implemented in April 1993 through regulations found at 50 CFR part

678.

For the reasons explained below, NMFS is implementing the following

semiannual quotas: Large coastal species = 1,285 metric tons dressed

weight (mtdw); Pelagic species = 290 mtdw. The notice of proposed

rulemaking was published on January 6, 1995 (60 FR 2071), with a

request for comments. The notice of proposed rulemaking contained

background information which is not repeated here.

Comments and Responses

Commercial Quotas

Comments: Written comments on the proposed commercial quotas were

provided by one Fishery Management Council, three conservation

organizations, one directed commercial shark fishing organization

(petition with 49 entries), one incidental commercial shark fishing

organization, one seafood production company, and 64 individuals whose

comments addressed the proposed commercial quotas. Commenters suggested

four possible options: (1) Commercial quotas should be allowed to

increase as scheduled in the FMP, (2) commercial quotas should be

maintained at the current level until additional data on the status of

the stocks can be evaluated, (3) commercial quotas should be

significantly reduced, and (4) the commercial shark fishery should be

closed until there are clear signs of stock recovery.

Response: NMFS has examined the four possible commercial quota

options and has determined that the total allowable catch (TAC) for

1995 should remain at the 1994 level, as recommended by the 1994 Shark

Evaluation Workshop (SEW) and members of the Shark Operations Team

(OT). A new stock assessment and fishery evaluation (SAFE) report is

currently in preparation and will be published in 1995. If appropriate,

the Assistant Administrator for Fisheries, NOAA (AA) may reexamine the

quota levels and make determinations on adjustments to future quotas.

Large Coastal and Pelagic Shark Quotas

The framework provisions of the FMP allow the AA to make

adjustments in the management measures in order to achieve the

objectives of the FMP. NMFS has determined that the 1994 semiannual

quotas of 1,285 mt, which represented for the year only a 5 percent

increase over 1993, should be set as the semiannual commercial quotas

for the large coastals group for 1995. This, in the opinion of NMFS,

represents a reasonable compromise between alternatives, pending future

scientific analyses that may suggest the need for different quotas.

The alternative of increasing the commercial quotas as planned in

the FMP was rejected primarily on the basis of recommendations from the

SEW and members of the OT. The SEW concluded that ``the weight of

evidence does not support the previous (FMP) recommendation that the

1994 or 1995 TAC should automatically increase.'' The OT met in July

1994, and generally agreed with this conclusion. Thus, the rebuilding

plan outlined in the FMP has been determined to be inadequate to

achieve the goal of rebuilding the large coastal sharks resource to a

level consistent with the maximum sustainable yield (MSY). As a result,

NMFS has rejected planned quota increases for 1995. Whether the

selected semiannual quotas of 1,285 mt (equivalent to the 1994

semiannual quotas) will lead to rebuilding in 1995 and beyond is

currently uncertain. The likelihood of stock rebuilding for this and

other quota levels will be addressed in future stock assessments.

In terms of the semiannual quota increase that has already gone

into effect, NMFS believes that the 5 percent reduction in quotas

necessary to return to the 1993 level could have a large negative

impact on the large coastal shark fishing industry, while it is

unlikely to change substantially the future dynamics of the large

coastal shark resource. Until recently, the fishing industry had

anticipated that the scheduled increases in the FMP would take place,

and had planned operations accordingly. Subsequently, the industry has

had to replan and scale down projected production schedules. Further

scaling down could result in greater negative consequences which, in

the opinion of NMFS, may not be warranted.

In terms of benefits to the large coastal shark resource, NMFS

believes that action to forestall the planned 30.3 percent increase of

the 1995 semiannual quotas for the year over the 1993 quotas has far

greater significance for the future viability of the various shark

stocks. NMFS believes that it is not worth putting the industry at a

disadvantage for the sake of a quota reduction of the order of 5

percent, which may have been within the margin of error of quota

monitoring capabilities in the past.

Comments received from the Delaware Division of Fish and Wildlife

through the Delaware Coastal Management Program recommended

[[Page 21469]] that the quota for 1995 be further reduced. Three

conservation organizations and numerous individuals also requested that

the quota be reduced. Large reductions in the established quota would

likely cause substantial financial hardship for vessels already

commercially fishing for large coastal sharks. A complete closure of

the established directed shark fishery for large coastal sharks would

result in severe financial hardships for vessels already participating

in the fishery, and could result in the displacement of vessels and

crews from the large coastal shark fishery into other fisheries,

including pelagic and small coastal sharks.

The Delaware Coastal Management Program has requested additional

information concerning the basis for maintaining the quota at status

quo, expressing a preference that the quota be further reduced. The AA

has agreed to continue discussion on quota levels with Delaware

officials, and Delaware officials have agreed that the proposed quota

should be established by a final rule prior to a final resolution of

this issue, because otherwise the fishery would be unrestricted.

While the 1994 SEW focused on the large coastal shark species

group, declining catch per unit of effort and life history

characteristics indicating low productivity for pelagics and small

coastals also suggest that a prudent approach is warranted for these

groups. No new analyses were presented upon which to modify MSY or TAC

of the pelagic and small coastal sharks. Accordingly, NMFS sets the

semiannual commercial quotas for large coastal and pelagic sharks for

1995 at the 1994 levels. At present, no quota has been established for

the small coastal species group. When analyses are presented, the AA

may propose an appropriate quota for small coastal sharks.

NMFS also removes the specification of the year from those parts of

the regulatory text referring to quotas. Thus, if a change in quota

level from a previous year is not published, a change in the regulatory

text will not be necessary to continue the previous level for the new

year.

Classification

The AA has determined that this rule is necessary for conservation

and management of shark resources in the Atlantic Ocean and is

consistent with the national standards and other provisions of the

Magnuson Act, and other applicable law. This final rule has been

determined to be not significant for purposes of E.O. 12866. The quotas

for 1995 are within the range analyzed in the Regulatory Flexibility

Analysis (RFA) included in the EA/RIR prepared for the FMP and no new

RFA has been prepared.

List of Subjects in 50 CFR Part 678

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: April 26, 1995.

Gary Matlock,

Program Management Officer, National Marine Fisheries Service.

For the reasons set out in the preamble, 50 CFR part 678 is amended

as follows:

PART 678--ATLANTIC SHARKS

1. The authority citation for part 678 continues to read as

follows:

Authority: 16 U.S.C. 1801 et seq.

2. Section 678.24, paragraph (b) is revised to read as follows:

Sec. 678.24 Commercial quotas.

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(b) Semiannual quotas. The following commercial quotas apply:

(1) For the period January 1 through June 30:

(i) Large coastal species--1,285 metric tons, dressed weight.

(ii) Pelagic species--290 metric tons, dressed weight.

(2) For the period July 1 through December 31:

(i) Large coastal species--1,285 metric tons, dressed weight.

(ii) Pelagic species--290 metric tons, dressed weight.

* * * * *

[FR Doc. 95-10738 Filed 4-27-95; 1:36 pm]

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