[Federal Register: November 24, 1999 (Volume 64, Number 226)] [Rules and Regulations] [Page 66114] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr24no99-12] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 I.D. 111899C Atlantic Highly Migratory Species (HMS) Fisheries; Large Coastal Shark Species AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Fishing season notification. ----------------------------------------------------------------------- SUMMARY: NMFS notifies eligible participants of the opening and closing of fishing seasons for Atlantic large coastal sharks (LCS), small coastal sharks (SCS), and pelagic sharks. DATES: The fishery opening for LCS is effective January 1, 2000; the LCS closure is effective from 11:30 p.m. local time March 31, 2000, through June 30, 2000. The fishery opening for SCS and pelagic sharks are January 1, 2000; no closure dates for these fisheries are included in this document. FOR FURTHER INFORMATION CONTACT: Steve Meyers or Margo Schulze, 301- 713-2347; fax 301-713-1917. SUPPLEMENTARY INFORMATION: The Atlantic shark fishery is managed under the Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks (HMS FMP), and its implementing regulations found at 50 CFR part 635 issued under authority of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). On June 30, 1999, NMFS received a Court Order from Judge Steven D. Merryday relative to the May, 1997, lawsuit challenging commercial harvest quotas for Atlantic sharks. Specifically, the order states: `` ... the Court hereby preliminarily, and until further order of the Court, expressly ENJOINS the defendant and his designees from enforcing the 1999 regulations, 64 Fed. Reg. 29090 (May, 28, 1999) with respect to Atlantic shark commercial catch quotas and fish-counting methods (including the counting of dead discards and state commercial landings after federal closures) that are different from the quotas and fish counting methods prescribed by the 1997 Atlantic shark regulations, 62 Fed. Reg. 16648 (April 7, 1997).'' As such, the annual 2000 LCS quota continues at the 1997 level of 1,285 mt dw for all species of LCS, (Table 1 of appendix A to part 635), with no minimum size on ridgeback LCS. The SCS and pelagic shark quotas also revert to their annual 1997 levels, of 1,760 and 580 mt dw, respectively. The 1997 prohibited species list now applies to only five prohibited species: white, basking, whale, sand tiger and bigeye sand tiger. The limited access provisions for commercial harvests still apply, including trip limits for directed and incidental shark permit holders. The first semiannual fishing season of the 2000 fishing year for the commercial fishery for LCS in the Western North Atlantic Ocean, including the Gulf of Mexico and the Caribbean Sea will open January 1, 2000. Catch rate data from the first semiannual fishing season from 1997 and 1998 for LCS species indicate that the LCS quota of 642.5 mt dw will be attained within 90 days. Accordingly, the Assistant Administrator for Fisheries (AA) has determined, based on these projected catch rates and the available quota, that the quota for the 2000 first semiannual season for LCS in or from the Western North Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea, will be attained as of March 31, 2000. The LCS fishery will close March, 31, 2000, at 11:30 p.m. local time. During a closure, retention of, fishing for, possessing or selling LCS are prohibited for persons fishing aboard vessels issued a limited access permit under Sec. 635.4. The sale, purchase, trade, or barter of carcasses and/or fins of LCS harvested by a person aboard a vessel that has been issued a permit under Sec. 635.4 are prohibited, except for those that were harvested, offloaded, and sold, traded, or bartered prior to the closure and were held in storage by a dealer or processor. The first semiannual quota for SCS is 880 mt dw. The first semiannual quota for pelagic sharks is 290 mt dw. When quotas are projected to be reached for these fisheries, the AA will file notification of closure at the Office of the Federal Register at least 14 days before the effective date. Those vessels that have not been issued a limited access permit under Sec. 635.4 may not sell sharks and are subject to the recreational retention limits and size limits specified at Secs. 635.22(c) and 635.20(d). The recreational fishery is not affected by any closure in the commercial fishery. Classification This action is taken under 50 CFR part 635 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: November 18, 1999. Bruce C. Morehead, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 99-30667 Filed 11-23-99; 8:45 am] BILLING CODE 3510-22-F