[Federal Register Volume 76, Number 216 (Tuesday, November 8, 2011)]
[Rules and Regulations]
[Pages 69139-69140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28921]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 0906221072-91425-02]
RIN 0648-XA781
Atlantic Highly Migratory Species; Inseason Action To Close the
Commercial Non-Sandbar Large Coastal Shark Fishery in the Atlantic
Region
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Fishery closures.
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SUMMARY: NMFS is closing the commercial fishery for non-sandbar large
coastal sharks (LCS) in the Atlantic region. This action is necessary
under existing regulations because landings in this fishery have
exceeded 80 percent of the available quota.
DATES: The commercial non-sandbar LCS fishery in the Atlantic region is
closed effective 11:30 p.m. local time November 15, 2011, until the
effective date of the final 2012 shark season specifications, which
NMFS will publish as a separate document in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz or Peter Cooper,
(301) 427-8503; (fax) (301) 713-1917.
SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed
under the 2006 Consolidated Atlantic Highly Migratory Species (HMS)
Fishery Management Plan (FMP), its amendments, and its implementing
regulations found at 50 CFR part 635 and issued under authority of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.).
Under Sec. 635.5(b)(1), shark dealers are required to report to
NMFS every two weeks all sharks landed. Dealer reports for fish
received between the 1st and 15th of any month must be received by NMFS
by the 25th of that month. Dealer reports for fish received between the
16th and the end of any month must be received by NMFS by the 10th of
the following month. Under Sec. 635.28(b)(2), when NMFS projects that
fishing season landings for a species group have reached or are about
to reach 80 percent of the available quota, NMFS will file for
publication with the Office of the Federal Register a notice of closure
for that shark species group that will be effective no fewer than 5
days from the
[[Page 69140]]
date of filing. From the effective date and time of the closure until
NMFS announces, via a notice in the Federal Register, that additional
quota is available and the season is reopened, the fishery for that
species group is closed, even across fishing years.
On December 8, 2011 (75 FR 76302), NMFS announced that the non-
sandbar LCS fishery quota in the Atlantic region for the 2011 fishing
year would be 190.4 metric tons (mt) dressed weight (dw) (419,756 lb
dw). Dealer reports through November 1, 2011, indicate that 140.6 mt dw
or 74 percent of the available quota for non-sandbar LCS Atlantic
fishery has been landed. Assuming landings continue at the current
rate, NMFS projects that 83 percent of the quota will be landed by
November 15. Dealer reports received to date indicate that 22 percent
of the quota was landed from the opening of the fishery on July 15,
2011, through July 31, 2011; 20 percent of the quota was landed in
August; 21 percent of the quota was landed in September; and 11 percent
of the quota was landed in October. Because this exceeds the 80 percent
threshold specified in the regulations, NMFS is closing the commercial
non-sandbar LSC fishery in the Atlantic region as of 11:30 p.m. local
time November 15, 2011. This closure does not affect any other shark
fishery.
As such, as of November 15, 2011, all commercial non-sandbar LCS
fisheries in all regions and fisheries will be closed. All of the
pelagic shark fisheries will remain open.
During this closure a fishing vessel issued an Atlantic Shark
limited access permit (LAP) pursuant to Sec. 635.4 may not possess or
sell a non-sandbar LCS. A shark dealer, issued a permit pursuant to
Sec. 635.4, may not purchase or receive non-sandbar LCS from a vessel
issued an Atlantic Shark Limited Access Permit, except that a permitted
shark dealer or processor may possess sharks that were harvested, off-
loaded, and sold, traded, or bartered, prior to the effective date of
the closure and were held in storage consistent with 50 CFR
635.28(b)(4). Additionally, a shark dealer issued a Federal permit
pursuant to Sec. 635.4, may in accordance with state regulations,
purchase or receive a non-sandbar LCS if the shark was harvested, off-
loaded, and sold, traded, or bartered from a vessel that fishes only in
state waters and had not been issued an Atlantic Shark LAP, HMS Angling
permit, or HMS Charter/Headboat permit pursuant to Sec. 635.4.
Classification
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for
Fisheries, NOAA (AA), finds that providing for prior notice and public
comment for this action is impracticable and contrary to the public
interest because the fisheries are currently underway, and any delay in
this action would cause overharvest of the quotas 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 quotas are exceeded, the affected
public is likely to experience reductions in the available quotas 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: November 3, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-28921 Filed 11-7-11; 8:45 am]
BILLING CODE 3510-22-P