Atlantic Shark Fisheries; Quotas, Bag Limits, Prohibitions, and Requirements.

DEPARTMENT OF COMMERCE

50 CFR Part 678

[Docket No. 961211348-6349-02; I.D. 092396B]

RIN 0648-AH77

Atlantic Shark Fisheries; Quotas, Bag Limits, Prohibitions, and

Requirements.

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 changes to the regulations governing the

Atlantic shark fisheries that would: Reduce commercial quotas and

recreational bag limits; establish a quota for small coastal sharks;

prohibit directed commercial fishing for, and landing or sale of, five

species of sharks; establish a recreational tag-and-release only

fishery for white sharks; prohibit filleting of sharks at sea; and

restate the requirement for species-specific identification by all

owners or operators, dealers, and tournament operators of all sharks

landed under the framework provisions of the Fishery Management Plan

for Sharks of the Atlantic Ocean (FMP). This rule would reduce

effective fishing mortality, facilitate enforcement, and improve

management.

DATES: Written comments on this proposed rule are invited and must be

received on or before Janaury 21, 1997.

ADDRESSES: Comments on the proposed rule should be sent to, William T.

Hogarth, Chief, Highly Migratory Species Management Division (FCM4),

Office of Sustainable Fisheries, NMFS, 1315 East-West Highway, Silver

Spring, MD 20910, (301)-713-2347, fax (301)-713-1917. Clearly indicate

``ASF'' on the envelope. Copies of the Environmental Assessment/

Regulatory Impact Review (EA/RIR) are available from the same address.

FOR FURTHER INFORMATION CONTACT: C. Michael Bailey or John D. Kelly,

301-713-2347, FAX 301-713-1917.

Division (FCM4),

Office of Sustainable Fisheries, NMFS, 1315 East-West Highway, Silver

Spring, MD 20910, (301)-713-2347, fax (301)-713-1917. Clearly indicate

``ASF'' on the envelope. Copies of the Environmental Assessment/

Regulatory Impact Review (EA/RIR) are available from the same address.

FOR FURTHER INFORMATION CONTACT: C. Michael Bailey or John D. Kelly,

301-713-2347, FAX 301-713-1917.

SUPPLEMENTARY INFORMATION: The Atlantic shark fishery is managed under

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

Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-

Stevens Act) and implemented through regulations found at 50 CFR part

678.

The proposed rule is based in part on recommendations from the 1994

Shark Evaluation Workshop (SEW), the 1995 Shark Evaluation Report, and

the 1996 SEW. The proposed rule is also based, in part, on comments

received during a series of public scoping meetings, which NMFS held to

receive comments from fishery participants and other members of the

public regarding issues of concern in the Atlantic shark fishery. NMFS

also solicited written comments as part of the scoping process.

On October 17, 1996, the Biodiversity Legal Foundation filed a

petition for rulemaking with NMFS. The petition specifically requests

that NMFS reduce the 1997 large coastal shark quota by 50 percent and

reduce the recreational bag limit to one shark per vessel per day. When

the petition was received, this proposed rule was already in

preparation. NMFS believes that this proposed rule adequately addresses

the petition. Copies of the petition are available. (see ADDRESSES)

The framework provisions of the FMP allow the Assistant

Administrator (AA) to make adjustments in the management measures in

order to achieve the objective of preventing overfishing as stated in

the FMP

ion was received, this proposed rule was already in

preparation. NMFS believes that this proposed rule adequately addresses

the petition. Copies of the petition are available. (see ADDRESSES)

The framework provisions of the FMP allow the Assistant

Administrator (AA) to make adjustments in the management measures in

order to achieve the objective of preventing overfishing as stated in

the FMP. Members of the Shark Operations Team (OT) were consulted and

some members have been instrumental in the formulation of this proposed

rule; however, this action is not necessarily based on suggestions made

by the OT but is being taken independently by the AA under authority of

the framework provisions of the FMP and consistent with the provisions

of 305(c) of the Magnuson-Stevens Act.

Quotas and Bag Limits

Commercial Quotas

Upon implementation of the FMP, large coastal sharks were

determined to be overfished and the report of the 1996 SEW reiterated

that the stock continues to be overfished. NMFS established commercial

quotas for Atlantic large coastal sharks and Atlantic pelagic sharks

under the framework provisions of the FMP. These quotas apply to

federally permitted vessels. For the reasons explained below, NMFS

proposes to reduce, as interim measures, annual quotas to the following

levels, expressed in metric tons dressed weight (mt dw):

Large coastal species = 1,285 mt dw

Small coastal species = 1,760 mt dw

Pelagic species = 580 mt dw

NMFS has examined possible commercial quota options and has

determined that the total allowable catch (TAC) should be reduced, as

recommended by the report of the 1996 SEW and supported by some members

of the OT. The AA is required to develop a strategy designed to provide

for the rebuilding of each stock or stock complex within a reasonable

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

will be published in 1997

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

TAC should automatically increase.'' Thus, the rebuilding plan outlined

in the FMP was determined to be inadequate to achieve the goal of

rebuilding the large coastal sharks resource to a level consistent with

producing maximum sustainable yield (MSY). As a result, NMFS has

rejected planned quota increases for 1995 and beyond.

Large reductions in the established quota will likely cause

displacement for vessels already commercially fishing for large coastal

sharks; however, 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 additional displacement of vessels and crews from the large

coastal shark fishery into other fisheries, including pelagic and small

coastal sharks.

While the 1996 SEW focused on the large coastal shark species

group, declining CPUE and life history characteristics indicating low

productivity for pelagics and small coastals suggest that a prudent

approach is also warranted for these groups. No new analyses were

presented upon which to modify MSY or TAC of the pelagic and small

coastal sharks. Therefore, NMFS proposes to set commercial quotas for

pelagic sharks for 1997 and beyond at the current annual level of 580

mt. At present, no quota has been established for the small coastal

species group. Potential displacement of vessels and crews from the

large coastal shark fishery into other fisheries, including pelagic and

small coastal sharks, warrants a risk-averse strategy for small coastal

sharks. Accordingly, NMFS proposes to establish a precautionary quota

of 1,760 mt dw for the small coastal species group. That quota is 68

percent of the TAC, and represents approximately the same percentage

split between commercial and recreational as in the large coastal

management group

isheries, including pelagic and

small coastal sharks, warrants a risk-averse strategy for small coastal

sharks. Accordingly, NMFS proposes to establish a precautionary quota

of 1,760 mt dw for the small coastal species group. That quota is 68

percent of the TAC, and represents approximately the same percentage

split between commercial and recreational as in the large coastal

management group.

The current landings of pelagic and small coastal sharks are

estimated to be lower than the proposed quotas. When further analyses

are presented, the AA may propose a different quota for small coastal

sharks.

Recreational Bag Limits

NMFS established recreational bag limits for Atlantic large coastal

sharks, Atlantic small coastal sharks, and Atlantic pelagic sharks

under the framework provisions of the FMP. These bag limits apply to

all vessels fishing in the Exclusive Economic Zone (EEZ).

The current bag limits are: For small coastal sharks, five per person

per day; and for large coastal sharks and pelagic sharks combined, four

per vessel per trip. For the reasons explained below, NMFS proposes to

reduce bag limits to: Two sharks per vessel per trip, for any

combination of species.

NMFS has examined possible recreational bag limit options and has

determined that the bag limit, as well as the commercial quota, should

be reduced as an additional management measure to further protect and

conserve the stocks. Problems in accuracy of species-specific

identification of sharks in all three species groups by recreational

fishers have caused concern by NMFS that numerous juvenile large

coastal sharks are being landed and misidentified as small coastal

species. In addition, continuing concerns about misidentification have

prompted NMFS enforcement to request that large coastal, small coastal

and pelagic species be combined for bag limit purposes.

Prohibition on Directed Fishing for Selected Species

ecreational

fishers have caused concern by NMFS that numerous juvenile large

coastal sharks are being landed and misidentified as small coastal

species. In addition, continuing concerns about misidentification have

prompted NMFS enforcement to request that large coastal, small coastal

and pelagic species be combined for bag limit purposes.

Prohibition on Directed Fishing for Selected Species

NMFS has determined that certain species of sharks should be

excluded from directed fishing due to their vulnerability to

overfishing and/or their slow reproductive and growth rates. For these

reasons, NMFS is concerned about the potential development of a

commercial and/or recreational fishery for these species.

The whale shark, Rhincodon typus, and basking shark, Cetorhinus

maximus, are not subject to organized commercial or recreational

fishing efforts. Their habit of swimming at or near the surface makes

them vulnerable to indiscriminate killing. The status of these two

species has been closely monitored by NMFS since implementation of the

FMP and there have been only incidental interactions with these

species. NMFS is concerned about the potential for the development of

commercial and/or recreational fisheries that could target these highly

vulnerable fish. NMFS proposes to remove them from the large coastal

species group and make them prohibited species.

Sand Tiger sharks, Odontaspis taurus, and bigeye sand tiger sharks,

Odontaspis noronhai, exhibit a unique reproductive quality, in that the

first offspring in each of the two uteri hatches internally and engages

in interuterine sibling cannibalism. The result is that the maximum

number of live offspring is two. Sand tiger sharks account for less

than 1 percent of the total landings of sharks in the directed large

coastal shark fishery; they are not currently targeted by recreational

fishermen. NMFS is concerned about the potential for further

development of a commercial fishery that would target these highly

vulnerable species

ibalism. The result is that the maximum

number of live offspring is two. Sand tiger sharks account for less

than 1 percent of the total landings of sharks in the directed large

coastal shark fishery; they are not currently targeted by recreational

fishermen. NMFS is concerned about the potential for further

development of a commercial fishery that would target these highly

vulnerable species. NMFS proposes to remove both species of sand tiger

sharks from the large coastal species group and make them prohibited

species.

Prohibition on Directed Commercial Fishing for, and Landing or Sale

of, White Sharks; Allowance for Recreational Catch And Release

The white shark, Carcharodon carcharias, is not subject to

organized directed commercial fishing efforts. The status of this

species has been closely monitored by NMFS since implementation of the

FMP and there have been only a small number of incidental commercial

interactions with this species. NMFS is concerned about the potential

for development of a commercial fishery for this species. NMFS proposes

to remove the white shark from the large coastal species group and make

it a commercially prohibited species.

There is, in parts of their range, an active recreational fishery

for white shark. NMFS proposes to restrict this fishery to tag-and-

release only, provided that the fishermen participate in a NMFS-

approved tag-and-release program. Tags may be obtained through the APEX

Predator Investigation Cooperative Shark Tagging Program, 28 Tarzwell

Drive, Narragansett, Rhode Island, 02882, or by calling (401) 782-3200.

Prohibition on Filleting of Sharks at Sea

fishery

for white shark. NMFS proposes to restrict this fishery to tag-and-

release only, provided that the fishermen participate in a NMFS-

approved tag-and-release program. Tags may be obtained through the APEX

Predator Investigation Cooperative Shark Tagging Program, 28 Tarzwell

Drive, Narragansett, Rhode Island, 02882, or by calling (401) 782-3200.

Prohibition on Filleting of Sharks at Sea

In order to verify species identification for reporting purposes,

the regulation proposes to prohibit filleting of sharks at sea. NMFS

enforcement agents have been unable to identify shark parts to the

species level on several occasions. During the previous two scoping

processes, commercial and recreational fishermen, environmental groups,

and other interested parties were asked to comment on this proposal.

All affected groups generally supported efforts to aid in species

identification to strengthen the database and to help enforcement

efforts. If this proposal is adopted, sharks would have to be landed

and brought to the point of first landing with the flesh attached and

the spinal column present. Fishermen would be permitted to remove the

head and fins and eviscerate the catch.

Identification

Species-specific Identification by All Permit Holders

The report of the 1994 SEW stated that ``the greatest impediment to

management, monitoring and stock assessment is the need to collect more

accurate and more complete information on species composition of the

catch. Approximately 80% of commercial shark landings are classified as

unidentified * * *.'' The report of the 1995 SEW reiterated this

concern, adding that ``notable improvements in species-specific catch

information have been made for a portion of the recent catches through

observer data collections.''

Species identification appears to have been more of a problem in

the South Atlantic and Gulf of Mexico regions. Northeast landings

indicate a greater prevalence of pelagic species in the reported

landings

EW reiterated this

concern, adding that ``notable improvements in species-specific catch

information have been made for a portion of the recent catches through

observer data collections.''

Species identification appears to have been more of a problem in

the South Atlantic and Gulf of Mexico regions. Northeast landings

indicate a greater prevalence of pelagic species in the reported

landings. In the recreational fisheries, a greater proportion of the

available estimates of catch have been identified to species. Species

identification of all sharks landed is required by the existing

regulations. Section 678.5 requires that selected owners or operators,

dealers and tournament operators submit reports on landings by species.

Other Issues

NMFS received a number of comments during the scoping process,

including concerns about allowable gear types, the possibility of time/

area closures for sharks (e.g., nursery/pupping grounds), modifications

of the fishing season, modifications in the fin/carcass ratio, requests

for closure of the directed longline fishery, requests for closure of

all directed fishing during the spring pupping season, and requests to

separate blue sharks (Prionace glauca) from the pelagic management unit

and establish a separate precautionary quota for them. NMFS believes

that these issues may warrant action; however, in the interest of

expedient publication of the elements contained in this rule, NMFS has

determined that these issues may be addressed in future rulemaking.

NMFS intends to amend the FMP within one year, and to reexamine the

need for an annual SAFE report.

NMFS has met with members of the Atlantic States Marine Fisheries

Commission (ASMFC). Based, in part, on questions posed by ASMFC

members, NMFS has accelerated an ongoing effort to identify specific

nursery/pupping areas in state-controlled waters. Closing shark nursery

areas to fishing would reduce mortality. This option was rejected in

the FMP

reexamine the

need for an annual SAFE report.

NMFS has met with members of the Atlantic States Marine Fisheries

Commission (ASMFC). Based, in part, on questions posed by ASMFC

members, NMFS has accelerated an ongoing effort to identify specific

nursery/pupping areas in state-controlled waters. Closing shark nursery

areas to fishing would reduce mortality. This option was rejected in

the FMP

because of insufficient knowledge of specific nursery areas and the

adverse effect closures would have on other fisheries, such as the

shrimp trawl fishery. Since determinations of MSY, OY, the commercial

quotas, and overfishing are based on estimates of the total biomass of

sharks in all U.S. waters (EEZ and state waters), it was recommended in

the FMP that coastal states, Puerto Rico, and the Virgin Islands adopt

regulations consistent with the federal regulations. State cooperation

is essential for effective management. Specifically, it was recommended

that states: Apply bag limits to recreational fishermen regardless of

where sharks are caught; adopt the specified Federal quotas; prohibit

finning and adopt other measures that govern how and when fins may be

landed; prohibit the sale of recreationally-caught sharks and shark

products; and cooperate with NMFS to ensure consistent and integrated

permitting and data collection systems. Consistent with these comments,

NMFS intends to continue working with states to develop cooperative

management efforts.

Classification

; prohibit

finning and adopt other measures that govern how and when fins may be

landed; prohibit the sale of recreationally-caught sharks and shark

products; and cooperate with NMFS to ensure consistent and integrated

permitting and data collection systems. Consistent with these comments,

NMFS intends to continue working with states to develop cooperative

management efforts.

Classification

The AA has preliminarily determined that this rule is necessary for

the conservation and management of shark resources in the Atlantic

Ocean and is consistent with the national standards and other

provisions of the Magnuson-Stevens Act and other applicable law. This

proposed rule has been preliminarily determined to be not significant

for purposes of E.O. 12866. Copies of the EA/RIR are available (see

ADDRESSES). The EA/RIR, in combination with the 1996 SEW Report,

constitutes the annual SAFE Report.

The Assistant General Counsel for Legislation and Regulation of the

Department of Commerce certified to the Chief of Advocacy of the Small

Business Administration that this proposed rule, if adopted, will not

have a significant economic impact on a substantial number of small

entities as follows:

The proposed rule would reduce commercial quotas and

recreational bag limits; establish a quota for small coastal sharks;

prohibit directed commercial fishing for, and landing or sale of,

five species of sharks; establish a recreational tag-and-release

only fishery for white sharks; prohibit filleting of sharks at sea;

and restate the requirement for species-specific identification by

all owners or operators, dealers, and tournament operators of all

sharks landed under the framework provisions of the Fishery

Management Plan for Sharks of the Atlantic Ocean. This rule would

reduce effective fishing mortality, facilitate enforcement, and

improve management

r white sharks; prohibit filleting of sharks at sea;

and restate the requirement for species-specific identification by

all owners or operators, dealers, and tournament operators of all

sharks landed under the framework provisions of the Fishery

Management Plan for Sharks of the Atlantic Ocean. This rule would

reduce effective fishing mortality, facilitate enforcement, and

improve management.

Reducing the commercial quota is not expected to have a

significant impact on a substantial number of small entities

primarily because of the large degree of diversification in fishing

operations that exist in the fleet and the already short shark

fishing season, as outlined in the Regulatory Impact Review.

The prohibition of fishing for, landing or sale of whale,

basking, and sand tiger sharks will not adversely affect gross

revenue because whale and basking sharks are only incidentally

encountered in commercial fisheries and sand tiger sharks are not a

marketable species at this time. The prohibition of fishing for,

landing or sale of white sharks will not adversely affect gross

revenue because they are only incidentally encountered in the

commercial fishery. Requiring the recreational white shark fishery

to operate under a catch and release program may reduce the

willingness of recreational anglers to pay for a fishing trip. The

prohibition on filleting of sharks at sea will have little economic

impact but will increase costs to operators through increased labor

to fillet carcasses once in port.

Therefore, it is concluded that these proposed actions,

considered separately or in aggregate, will not have a significant

impact on a substantial number of small entities. Thus, a regulatory

flexibility analysis is not required for these actions.

g of sharks at sea will have little economic

impact but will increase costs to operators through increased labor

to fillet carcasses once in port.

Therefore, it is concluded that these proposed actions,

considered separately or in aggregate, will not have a significant

impact on a substantial number of small entities. Thus, a regulatory

flexibility analysis is not required for these actions.

Notwithstanding any other provision of law, no person is required

to respond to, nor shall any person be subject to a penalty for failure

to comply with, a collection-of-information subject to the requirements

of the Paperwork Reduction Act, unless that collection of information

displays a currently valid OMB Control Number.

This proposed rule contains no new collection of information that

is subject to the Paperwork Reduction Act. The proposed rule restates

requirements that have been approved by the Office of Management and

Budget under Control Number 0648-0016. The prohibitions section is

being reordered to group similar or associated prohibitions. In

addition, letters are being replaced by numbers for the purposes of

clarification.

List of Subjects in 50 CFR Part 678

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: December 16, 1996.

Rolland A. Schmitten,

Assistant Administrator for Fisheries, National Marine Fisheries

Service.

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

proposed to be 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.

, Reporting and recordkeeping requirements.

Dated: December 16, 1996.

Rolland A. Schmitten,

Assistant Administrator for Fisheries, National Marine Fisheries

Service.

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

proposed to be 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. In Sec. 678.2, the definitions for ``Dress'', ``Eviscerate'',

and ``Fillet'' are added; and the definition for ``Management Unit'' is

amended by removing under paragraph (1), ``Basking sharks--

Cetorhinidae'', ``Basking shark, Cetorhinus maximus``; ``Sand tiger

sharks--Odontaspididae'', ``Bigeye sand tiger, Odontaspis noronhai``,

``Sand tiger shark, Odontaspis taurus`` and ``Whale sharks--

Rhincodontidae'', ``Whale shark, Rhincodon typus``, and by adding a new

paragraph (4) to read as follows:

Sec. 678.2 Definitions

* * * * *

Dress means to remove head, viscera, and fins, but does not include

removal of the backbone, halving, quartering, or otherwise further

reducing the carcass.

Eviscerate means removal of the alimentary organs only.

Fillet means to remove slices of fish flesh, of irregular size and

shape, from the carcass by cuts made parallel to the backbone.

* * * * *

Management Unit

* * *

(4) Prohibited species:

Basking sharks - Cetorhinidae

Basking shark - Cetorhinidae maximus

Mackerel sharks - Lamnidae

White sharks - Carcharodon carcharias

Sand tiger sharks - Odontaspididae

Bigeye sand tiger - Odontaspis noronhai

Sand tiger - Odontaspis taurus

Whale sharks - Rhincodontidae

Whale shark - Rhincodon typus

* * * * *

Sec. 678.5 [Amended]

3. In Sec. 678.5, in paragraph (b)(1)(iv)(A) and (B) after ``market

category'' add ``, and species,''.

4. Section 678.7 is revised to read as follows:

Sec. 678.7 Prohibitions.

rodon carcharias

Sand tiger sharks - Odontaspididae

Bigeye sand tiger - Odontaspis noronhai

Sand tiger - Odontaspis taurus

Whale sharks - Rhincodontidae

Whale shark - Rhincodon typus

* * * * *

Sec. 678.5 [Amended]

3. In Sec. 678.5, in paragraph (b)(1)(iv)(A) and (B) after ``market

category'' add ``, and species,''.

4. Section 678.7 is revised to read as follows:

Sec. 678.7 Prohibitions.

(a) In addition to the general prohibitions specified in Sec. 620.7

of this chapter, and except as permitted under Sec. 678.29, it is

unlawful for any person to do any of the following:

(1) Fish for, purchase, trade, barter, or possess or attempt to

fish for, purchase, trade, barter, or possess the following prohibited

species:

Basking sharks-Cetorhinidae

Basking shark, Cetorhinus maximus

Mackerel sharks-Lamnidae

White sharks-Carcharodon carcharias

Sand tiger sharks-Odontaspididae

Bigeye sand tiger, Odontaspis noronhai

Sand tiger shark, Odontaspis taurus

Whale sharks-Rhincodontidae

Whale shark, Rhincodon typus

(2) Fish for shark without a vessel permit as specified in

Sec. 678.4(a)(1).

(3) Purchase, trade, or barter, or attempt to purchase, trade,

or barter, a shark from the management unit without an annual

dealer permit, as specified in Sec. 678.4(a)(2).

(4) Falsify information required in Sec. 678.4(b) and (c) on

an application for a permit.

(5) Fail to display a permit, as specified in Sec. 678.4(h).

(6) Falsify or fail to provide information required to be

maintained, submitted, or reported, as specified in Sec. 678.5.

(7) Fail to make a shark available for inspection or provide

data on catch and effort, as required by Sec. 678.5(d).

(8) Falsify or fail to display and maintain vessel identification,

as required by Sec. 678.6.

(9) Falsify or fail to provide requested information regarding a

vessel's trip, as specified in Sec. 678.10(a).

(10) Fail to embark an observer on a trip when selected, as

specified in Sec. 678.10(b).

shark available for inspection or provide

data on catch and effort, as required by Sec. 678.5(d).

(8) Falsify or fail to display and maintain vessel identification,

as required by Sec. 678.6.

(9) Falsify or fail to provide requested information regarding a

vessel's trip, as specified in Sec. 678.10(a).

(10) Fail to embark an observer on a trip when selected, as

specified in Sec. 678.10(b).

(11) Assault, resist, oppose, impede, harass, intimidate, or

interfere with a NMFS-approved observer aboard a vessel or prohibit or

bar by command, impediment, threat, coercion, or refusal of reasonable

assistance, an observer from conducting his/her duties aboard a vessel.

(12) Fail to provide an observer with the required food,

accommodations, access, and assistance, as specified in Sec. 678.10(c).

(13) Remove the fins from a shark and discard the remainder,

as specified in Sec. 678.22 (a)(1).

(14) Possess shark fins, carcasses, or parts aboard, or offload

shark fins from, a fishing vessel, except as specified in Sec. 678.22,

or possess shark carcasses or parts aboard, or offload shark fins,

carcasses, or parts from, a vessel, except as specified in

Sec. 678.22(a)(2) and (3).

(15) Fail to release a shark that will not be retained in the

manner specified in Sec. 678.22(b).

(16) Land, or possess on any trip, shark in excess of the vessel

trip limit, as specified in Sec. 678.22(c)(1).

(17) Transfer a shark at sea, as specified in

Sec. Sec. 678.22(c)(2) and 678.23(e).

(18) Fillet a shark at sea, as specified in Sec. 678.22(d), except

that sharks may be eviscerated and the head and fins may be removed.

(19) Exceed the bag limits, as specified in Sec. 678.23 (a) through

and, or possess on any trip, shark in excess of the vessel

trip limit, as specified in Sec. 678.22(c)(1).

(17) Transfer a shark at sea, as specified in

Sec. Sec. 678.22(c)(2) and 678.23(e).

(18) Fillet a shark at sea, as specified in Sec. 678.22(d), except

that sharks may be eviscerated and the head and fins may be removed.

(19) Exceed the bag limits, as specified in Sec. 678.23 (a) through

(c), or operate a vessel with a shark aboard in excess of the bag

limits, as specified in Sec. 678.23(d).

(20) Sell, trade, or barter, or attempt to sell, trade, or barter,

a shark harvested in the EEZ, except as an owner or operator of a

vessel with a permit, as specified in Sec. 678.25(a), or sell, trade,

or barter, or attempt to sell, trade or barter, a shark from the

management unit, except as an owner or operator of a vessel with a

permit, as specified in Sec. 678.26.

(21) Purchase, trade, or barter, or attempt to purchase, trade or

barter, shark meat or fins from the management unit from an owner or

operator of a vessel that does not possess a vessel permit, as

specified in Sec. 678.26(b); or sell, trade, or barter, or attempt to

sell, trade, or barter, a shark from the management unit, except to a

permitted dealer, as specified in Sec. 678.26(d).

(22) Sell, purchase, trade, or barter, or attempt to sell,

purchase, trade, or barter, shark fins that are disproportionate to the

weight of carcasses landed, as specified in Sec. 678.26(c).

(23) Interfere with, obstruct, delay, or prevent by any means an

investigation, search, seizure, or disposition of seized property in

connection with enforcement of the Magnuson-Stevens Act.

(24) During a closure for a shark species group it is prohibited to

retain a shark of that species group aboard a vessel that has been

issued a permit under Sec. 678.4, except as provided in Sec. 678.24(a),

or sell, purchase, trade, or barter or attempt to sell, purchase,

trade, or barter a shark of that species group, as specified in

Sec. 678.24.

ith enforcement of the Magnuson-Stevens Act.

(24) During a closure for a shark species group it is prohibited to

retain a shark of that species group aboard a vessel that has been

issued a permit under Sec. 678.4, except as provided in Sec. 678.24(a),

or sell, purchase, trade, or barter or attempt to sell, purchase,

trade, or barter a shark of that species group, as specified in

Sec. 678.24.

(b) [Reserved]

5. In Sec. 678.22, a new paragraph (d) is added to read as follows:

Sec. 678.22 Harvest limitations.

* * * * *

(d) Filleting. (1) A shark from any of the three management units

that is harvested in the EEZ, or harvested by a vessel that has been

issued a permit pursuant to Sec. 678.4, may not be filleted at sea.

Sharks may be eviscerated and the head and fins may be removed.

6. In Sec. 678.23, paragraph (b) is revised to read as follows:

Sec. 678.23 Bag limits

* * * * *

(b) Large coastal, small coastal and pelagic species, combined--2

per vessel per trip.

* * * * *

7. In Sec. 678.24, paragraph (b) is revised to read as follows:

Sec. 678.24 Commercial quotas.

* * * * *

(b) Semiannual. The following commercial quotas apply:

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

(i) Large coastal species--642 metric tons, dressed weight.

(ii) Small coastal species--880 metric tons, dressed weight.

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

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

(i) Large coastal species--642 metric tons, dressed weight.

(ii) Small coastal species-880 metric tons, dressed weight.

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

* * * * *

8. Section 678.29 is added to read as follows:

Sec. 678.29 Tag-and-release program.

ons, dressed weight.

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

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

(i) Large coastal species--642 metric tons, dressed weight.

(ii) Small coastal species-880 metric tons, dressed weight.

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

* * * * *

8. Section 678.29 is added to read as follows:

Sec. 678.29 Tag-and-release program.

(a) Notwithstanding other provisions of this part, an angler may

fish for, but not retain, white sharks with rod and reel only under a

tag and release program, provided the angler tags all white sharks so

caught with tags issued under this section, and releases and returns

such fish to the sea immediately after tagging and with a minimum of

injury. To participate in this program, an angler must obtain tags,

reporting cards, and detailed instructions for their use from NMFS.

(b) Tags obtained from sources other than NMFS may be used to fish

for white sharks provided the angler has registered each year with the

Cooperative Shark Tagging Program and the NMFS program manager has

approved the use of tags from that source. Anglers using an alternative

source of tags and wishing to tag white sharks can call or write NMFS.

(c) Anglers registering for the white shark tagging program are

required to provide their name, address, phone number, and, if

applicable, identify the alternate source of tags.

(d) If NMFS-issued or NMFS-approved tags are not on board a vessel

that fishes for white sharks, all anglers on board that vessel are

deemed to be ineligible to fish under this section.

[FR Doc. 96-32387 Filed 12-19-96; 8:24 am]

BILLING CODE 3510-22-F