[Federal Register Volume 77, Number 105 (Thursday, May 31, 2012)]
[Rules and Regulations]
[Pages 32036-32037]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13190]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
RIN 0648-XC044
Atlantic Highly Migratory Species; Commercial Porbeagle Shark
Fishery Closure
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; fishery closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is closing the commercial fishery for porbeagle sharks.
This action is necessary because landings for the 2012 fishing season
have reached at least 80 percent of the available quota.
DATES: The commercial porbeagle shark fishery is closed effective 11:30
p.m. local time May 30, 2012, until, and if, NMFS announces in the
Federal Register that additional quota is available and the season is
reopened.
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 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 all sharks landed every two weeks. 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 closure action
for that shark species group that will be effective no fewer than 5
days from the date of filing. From the effective date and time of the
closure until NMFS announces 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 January 24, 2012 (77 FR 3393), NMFS announced that the porbeagle
shark fishery for the 2012 fishing year was open and the available
porbeagle shark quota was 0.7 metric tons (mt) dressed weight (dw)
(1,585 lb dw). Dealer reports through May 17, 2012, indicate that 0.67
mt dw or 93.3 percent of the available quota for porbeagle sharks has
been landed. Dealer reports received to date indicate that 4.3 percent
of the quota was landed from the opening of the fishery on January 24,
2012, through March 6, 2012; 12.2 percent of the quota was landed from
March 7, 2012, through March 28, 2012; 5.7 percent was landed from
March 29, 2012, through April 17, 2012; and 71.1 percent of the quota
was landed from April 18, 2012, through May 17, 2012. The fishery has
reached 93.3 percent of the quota, which exceeds the 80 percent limit
specified in the regulations. Accordingly, NMFS is closing the
commercial porbeagle shark fishery as of 11:30 p.m. local time May 30,
2012. This closure does not affect any other shark fishery.
During the closure, retention of porbeagle sharks is prohibited for
persons fishing aboard vessels issued a commercial shark limited access
permit under 50 CFR 635.4, unless the vessel is properly 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 apply (50 CFR 635.22(a) and (c)). A
shark dealer issued a permit pursuant to Sec. 635.4 may not purchase
or receive porbeagle sharks from a vessel issued an Atlantic shark
limited access permit (LAP), except that a permitted shark dealer or
processor may possess porbeagle sharks that were harvested, off-loaded,
and sold, traded, or bartered, prior to the effective date of the
closure and were held in storage. Under this closure, a shark dealer
issued a permit pursuant to Sec. 635.4 may, in accordance with state
regulations, purchase or receive a porbeagle sharks if the sharks were
harvested, off-loaded, and sold, traded, or bartered from a vessel that
fishes only in state waters and that has 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 fishery is currently underway, and any delay in
this action would cause overharvest of the quota and be inconsistent
with management requirements and objectives. If the quota is exceeded,
the affected public is likely to experience reductions in the available
quota and a lack of fishing opportunities in future seasons. 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 Sec. 635.28(b)(2) and is exempt from review under Executive
Order 12866.
[[Page 32037]]
Authority: 16 U.S.C. 1801 et seq.
Dated: May 24, 2012.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-13190 Filed 5-25-12; 4:15 pm]
BILLING CODE 3510-22-P