[Federal Register Volume 66, Number 32 (Thursday, February 15, 2001)]
[Notices]
[Pages 10484-10485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3867]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 121300A]
National Plan of Action for the Conservation and Management of
Sharks
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability of final plan; response to public
comments.
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SUMMARY: NMFS announces the availability of the final National Plan of
Action (NPOA) developed pursuant to the endorsement of the
International Plan of Action (IPOA) for the Conservation and Management
of Sharks by the United Nations' Food and Agriculture Organization
Committee on Fisheries (COFI) Ministerial Meeting in February 1999.
NMFS prepared this final plan based on consultation with scientific and
technical experts, and certain Federal and state agencies, and comments
from members of the public. Response to public comments on the draft
NPOA is provided.
ADDRESSES: Written requests for copies of the final NPOA should be sent
to Margo Schulze-Haugen, Highly Migratory Species Management Division
(F/SF1), National Marine Fisheries Service (NMFS), 1315 East-West
Highway, Silver Spring, MD 20910, or may be sent via facsimile (fax) to
301-713-1917.
FOR FURTHER INFORMATION CONTACT: Margo Schulze-Haugen or Karyl
Brewster-Geisz, (301) 713-2347; fax (301) 713-1917.
SUPPLEMENTARY INFORMATION: Noting the increased concern about the
expanding catches of sharks and their potential negative impacts on
shark populations, the IPOA calls on member nations to voluntarily
develop national plans to ensure the conservation and management of
sharks for their long-term sustainable use by applying the
precautionary approach. Member nations are encouraged to develop and
implement an NPOA if their vessels conduct directed fisheries for
sharks or if their vessels regularly catch sharks incidentally in
fisheries for other species. Specifically, the IPOA calls on member
nations to ensure that shark catches from directed and incidental
fisheries are sustainable; assess threats to shark populations; protect
critical habitats; provide special attention to vulnerable or
threatened shark stocks; minimize unutilized incidental catches of
sharks; encourage full use of dead sharks; improve species-specific
catch and landings data and monitoring of shark catches; and consult
with stakeholders in research, management, and educational initiatives
within and between member nations. The United States committed to
developing this national plan, and reporting on its implementation to
COFI, no later than the 25th COFI session in February 2001.
A proposed schedule, outline, background, and rationale were
published in the Federal Register on September 30, 1999 (64 FR 52772).
A revised schedule was published in the Federal Register on March 27,
2000 (65 FR 16186). A notice of availability of the draft NPOA was
published in the Federal Register on August 4, 2000 (65 FR 47968); the
comment period ended September 30, 2000.
Comments and Responses
Comment 1: The NPOA is not a plan of action at all; it fails to
commit to a strategy for action with clearly articulated short and
long-term goals, priorities, time frames, responsible management
entities, and funding.
Response: The NPOA was developed by NMFS to fulfill the national
responsibility of the United States. NMFS' goal in the NPOA is to
establish a process where the various entities in the United States
work cooperatively to fulfill the objectives of the IPOA. The authority
under which NMFS operates is the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act), which calls for the
conservation and management of living marine resources, including
sharks, and establishes requirements and deadlines for rebuilding plans
for overfished species. The Magnuson-Stevens Act does not give NMFS the
authority to ``require'' Regional Fishery Management Councils
(Councils) to take a specific action for those species of sharks that
are not under direct agency management. While it is true that the
agency may prepare a new fishery management plan (FMP) or amend an
existing FMP if the appropriate Council fails to develop, after a
reasonable period of time, necessary management measures, it is
preferable that the appropriate Council act first.
Additionally, NMFS has no authority to review or direct Interstate
Fisheries Commissions (Commissions) or coastal States to take action(s)
regarding shark conservation and management. Thus, NMFS will work
cooperatively with Councils, Commissions, and States and encourage them
to take action to ensure the conservation and management of sharks and
their long-term sustainable use.
Nevertheless, the final NPOA for sharks does provide policy
guidance to Councils, Commissions, and States to conduct an initial
assessment within 2 years of completion of this NPOA (if such
assessment is not already done) to determine if the fisheries under
their jurisdiction are sustainable so that NMFS may incorporate that
information into the biennial report to COFI in 2003. If shark
conservation and management measures are found to be necessary, the
final NPOA provides further policy guidance to responsible management
entities to develop fishery-specific measures within 2 years, with
reporting to NMFS by September 2004 so that that information may be
incorporated into the biennial report to COFI in 2005. For any
fisheries that are under the authority of the Magnuson-Stevens Act
[[Page 10485]]
and that are identified as overfished, the development of rebuilding
programs must be consistent with section 304(f) of the Magnuson-Stevens
Act. NMFS will work cooperatively with Councils, Commissions, and
states in these determinations and development of management measures.
NMFS believes that the final NPOA demonstrates strong U.S.
leadership on this important international shark conservation issue.
The United States has already several FMPs that regulate directed and
incidental catches of sharks as well as bycatch of sharks, and other
FMPs under consideration or development. Additionally, the United
States is likely to be one of the first COFI members to complete an
NPOA for sharks, will urge other members to develop and implement
NPOAs, as appropriate, and will pursue shark conservation and
management in other international fisheries management fora.
NMFS acknowledges that assessing shark conservation and management
needs and effectiveness is costly, and that the final NPOA includes
ambitious objectives and goals. Additional funding needs for
implementing the final NPOA need to be addressed by the individual
management entities. In the past, NMFS did not have the resources to
monitor all sharks caught in all U.S. fisheries and effective
implementation of the final NPOA may require additional funding. NMFS
will use the final NPOA as guidance in its strategic planning and
budget processes.
Comment 2: The NPOA fails to include a bycatch reduction strategy
with goals and timeframes.
Response: In addition to the NPOA's policy guidance on actions and
time frames outlined above, the United States participates in
international fishery agreements to reduce or minimize bycatch,
including the IPOA and the United Nations Food and Agriculture
Organization Code of Conduct for Responsible Fisheries.
NMFS believes that directed, incidental or bycatch shark fisheries
constitute unique situations that require development of fishery-
specific shark conservation and management measures. It is not
necessary to state explicit conservation and management standards for
individual fisheries or for the nation as a whole as these are
identified in the IPOA, NPOA, and Magnuson-Stevens Act.
Comment 3: The NPOA should call for adoption of the precautionary
approach and development of precautionary FMPs for all elasmobranch
fisheries, regardless of overfishing.
Response: NMFS agrees that the precautionary approach should be
adopted in the conservation and management measures and development of
FMPs. NMFS believes that the National Standards Guidelines for the
Magnuson-Stevens Act and this NPOA for sharks include this policy
guidance. However, NMFS believes that each fishery represents unique
situations that should be addressed on a fishery-specific basis and
that development of precautionary FMPs should be prepared by the
responsible management entity.
Comment 4: NMFS should identify overarching outreach priorities and
develop an identification guide for the Atlantic and Pacific regions.
Response: NMFS agrees that public outreach on the identification of
sharks, as well as the need for shark conservation and management, are
high priorities. Towards that end, NMFS is developing an identification
guide for sharks of the Atlantic Ocean, Gulf of Mexico, and Caribbean
Sea, with anticipated completion in early 2001.
Comment 5: All management entities should be required to produce
reports on all shark catches in all fisheries every 2 years.
Response: NMFS agrees that regular assessment and reporting of
shark catches in all fisheries is appropriate and would enhance
biennial reporting to COFI on implementation of the NPOA. Accordingly,
the final NPOA includes policy guidance on time frames for reporting,
and NMFS will work cooperatively with Councils, Commissions, and States
on generating the relevant reports.
Comment 6: The NPOA should include a comprehensive overview of
health and status of all elasmobranch populations, research and data
needs, and current management.
Response: NMFS believes that the final NPOA includes a brief, yet
complete, review of Atlantic and Pacific shark stock status, fishery
descriptions, research and management needs, and current management.
NMFS refers interested constituents to the NMFS annual Report to
Congress on Status of Fisheries of the United States (see http://www.nmfs.noaa.gov/sfa/reports.html) and the relevant FMPs for more
comprehensive information on specific species and/or fisheries.
Comment 7: The NPOA should include a specific section on threatened
species, including Endangered Species Act candidates and American
Fisheries Society stocks at risk.
Response: NMFS agrees and has modified the final NPOA.
Comment 8: The NPOA should elaborate more on progress in
international and regional organizations such as the Asian Pacific
Economic Cooperation Forum, the Northwest Atlantic Fisheries
Organization, and the Convention on the International Trade in
Endangered Species of Flora and Fauna.
Response: NMFS agrees and has modified the format of the final
NPOA.
Changes From Draft NPOA
NMFS made a number of changes in the final NPOA pursuant to public
comments that were submitted on the draft NPOA. The final NPOA provides
policy guidance and time frames for NMFS, Council, Commission, and
state action to conduct initial assessments of shark catches and
fisheries within two years of completion of the NPOA and to develop
fishery-specific management measures, as appropriate, within 4 years.
The sections describing international science and management
initiatives and guidance on adopting the precautionary approach and
protecting vulnerable species are expanded.
Electronic Access
The final version of the NPOA is now available on the NMFS website
(http://www.nmfs.noaa.gov). Hard copies of the document are available
upon request (see ADDRESSES).
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: February 8, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 01-3867 Filed 2-14-01; 8:45 am]
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