[Federal Register: February 14, 2007 (Volume 72, Number 30)]
[Rules and Regulations]
[Page 6966-6967]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14fe07-13]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[I.D. 013107D]
Atlantic Highly Migratory Species; Small Coastal Shark Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Regional fishery closure.
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SUMMARY: NMFS is closing the commercial fishery for small coastal
sharks conducted by persons aboard vessels issued a Federal Atlantic
shark permit in the Gulf of Mexico region. This action is necessary
because the quota for the first 2007 fishing season in the Gulf of
Mexico season has likely been exceeded. The commercial small coastal
shark fisheries in the South Atlantic and North Atlantic regions are
allocated separate quotas and will remain open until further notice.
DATES: The commercial small coastal shark fishery in the Gulf of Mexico
region is closed effective from 11:30 p.m. local time February 23, 2007
to May 1, 2007.
FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz, 301-713-2347;
fax 301-713-1917.
SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed
under the Consolidated Atlantic Highly Migratory Species (HMS) Fishery
Management Plan (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 December 14, 2006 (71 FR 75122), NMFS announced that the small
coastal shark quota for the first fishing season of the 2007 fishing
year in the Gulf of Mexico region would be 15.1 metric tons (mt)
dressed weight (dw) (33,289 lb dw). As of January 26, 2007, preliminary
reports from dealers indicate that approximately 6.6 mt dw (14,500 lb
dw) were reported landed in the Gulf of Mexico region during the first
fishing season of 2007. Under 50 CFR 635.5(b)(1), shark dealers are
required to report every two weeks. Fish received by dealers between
the 1\st\ and 15\th\ of any month are required to be reported by the
26\th\ of that month. Fish received by dealers between the 16\th\ and
the end of any month are required to be reported by the 10\th\ of the
following month. As such, these preliminary reports indicate that in
the first reporting period of the fishing season approximately 43.7
percent of the available quota was taken. Assuming the same catch rates
continued for the second reporting period in January and will continue
for the first reporting period in February, NMFS estimates that
approximately 131 percent of the available quota (19.8 mt dw) could be
taken by the close of the first reporting period in February (February
15, 2007). NMFS will not have estimates of actual landings through the
first reporting period in February until February 26, 2007.
Under 50 CFR 635.28(b)(2), when the fishing season quota for small
coastal sharks is reached for a particular region, NMFS will file for
publication a notice of closure at least 14 days before the effective
date. Accordingly, NMFS is closing the commercial small coastal shark
fishery in the Gulf of Mexico region as of 11:30 p.m. local time
February 23, 2007. During the closure, retention of small coastal
sharks in the Gulf of Mexico region is prohibited for persons fishing
aboard vessels issued a commercial shark limited access permit under 50
CFR 635.4, unless the vessel is permitted to operate as a charter
vessel or headboat for HMS and is engaged in a for-hire trip, in which
case the recreational retention limits for sharks and no sale
provisions may apply (50 CFR 635.22(a) and (c)). The sale, purchase,
trade, or barter or attempted sale, purchase, trade, or barter of
carcasses and/or fins of small coastal sharks harvested by a person
aboard a vessel in the Gulf of Mexico region that has been issued a
commercial shark limited access permit under 50 CFR 635.4, is
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.
This closure does not affect the commercial small coastal shark
fisheries in the South Atlantic or North Atlantic regions which remain
open until further notice. In addition, the commercial pelagic shark
fishery remains open until further notice. The large coastal shark
fishery in the North Atlantic is currently open, and as was announced
on December 14, 2006 (71 FR 75122), will close on April 30, 2007. As
announced in that notice, the large coastal shark fishery in the South
Atlantic and Gulf of Mexico regions is already closed. The recreational
shark fishery is not affected by this closure.
Classification
Pursuant to 5 U.S.C. 553 (b)(B), the Assistant Administrator for
Fisheries,
[[Page 6967]]
NOAA (AA), finds that providing for prior notice and public comment for
this action is impracticable and contrary to the public interest. Based
on recent landings reports, it is likely that the available quota for
SCS in the Gulf of Mexico region will be exceeded in early February.
Thus, affording prior notice and opportunity for public comment on this
action is impracticable because the fishery is currently underway, and
any delay in this action would cause further overharvest of the quota
and be inconsistent with management requirements and objectives.
Similarly, affording prior notice and opportunity for public comment on
this action is contrary to the public interest because if the quota is
exceeded, the effected public is likely to experience reductions in the
available quota and a lack of fishing opportunities in future seasons.
Thus, for these reasons, the AA also finds good cause to waive the 30-
day delay in effective date pursuant to 5 U.S.C. 553 (d)(3). This
action is required under 50 CFR 635.28(b)(2) and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 8, 2007.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 07-680 Filed 2-9-07; 2:12 pm]
BILLING CODE 3510-22-S