[Federal Register Volume 77, Number 129 (Thursday, July 5, 2012)]
[Rules and Regulations]
[Page 39648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16481]
[[Page 39648]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 100622276-0569-02]
RIN 0648-XC080
Atlantic Highly Migratory Species; Commercial Gulf of Mexico Non-
Sandbar Large Coastal Shark Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS is closing the commercial fishery for non-sandbar large
coastal sharks (LCS) in the Gulf of Mexico region. This action is
necessary because the commercial landings for the 2012 fishing season
are projected to reach at least 80 percent of the available commercial
quota by June 30, 2012.
DATES: The commercial non-sandbar LCS fishery is closed effective 11:30
p.m. local time July 6, 2012, until December 31, 2012, or if NMFS
announces, via a notice 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 (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 specific shark quota have reached or are
projected to reach 80 percent of the available quota, NMFS will file
for publication with the Office of the Federal Register a notification
of closure for that shark species group, which will be effective no
fewer than 5 days after the 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 specific quota is closed, even across
fishing years.
On January 24, 2012 (77 FR 3393), NMFS announced that the non-
sandbar LCS fishery for the Gulf of Mexico region for the 2012 fishing
year would open on February 15 with a quota of 392.8 metric tons (mt)
dressed weight (dw) (866,063 lb dw). Dealer reports through June 15
2012, indicate that 295.9 mt dw or 75.3 percent of the available quota
for non-sandbar LCS has been taken. Dealer reports received to date
indicate that 20 percent of the quota was landed from the opening of
the fishery on February 15, 2012, through March 6, 2012; 16 percent of
the quota was landed from March 7, 2012, through March 28, 2012; 21
percent was landed from March 29, 2012, through April 17, 2012; 11
percent of the quota was landed from April 18, 2012, through May 17,
2012; and 7.3 percent was landed from May 18, 2012, through June 15,
2012. Based on the rate of fishing effort indicated by these
preliminary dealer reports, NMFS estimates that an additional 9 to 14
percent of the quota could be taken from June 15 through June 30, 2012,
thus reaching or exceeding the 80-percent limit specified for a closure
notice in the regulations. Accordingly, NMFS is closing the commercial
non-sandbar LCS fishery in the Gulf of Mexico region as of 11:30 p.m.
local time July 6, 2012. All other shark fisheries remain open, except
the commercial porbeagle fishery, which closed on May 30, 2012 (77 FR
32036).
At Sec. 635.27(b)(1)(ii), the boundary between the Gulf of Mexico
region and the Atlantic region is defined as a line beginning on the
East Coast of Florida at the mainland at 25[deg]20.4' N. lat,
proceeding due east. Any water and land to the south and west of that
boundary is considered, for the purposes of quota monitoring and
setting of quotas, to be within the Gulf of Mexico region.
During the closure, retention of non-sandbar LCS 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, that is, 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)), or if the vessel
possesses a valid shark research permit under Sec. 635.32 and a NMFS-
approved observer is onboard. A shark dealer issued a permit pursuant
to Sec. 635.4 may not purchase or receive non-sandbar LCS in the Gulf
of Mexico region from a vessel issued an Atlantic Shark Limited Access
Permit (LAP), except that a permitted shark dealer or processor may
possess non-sandbar LCS 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 Sec. 635.28(b)(4). However, a
permitted shark dealer or processor may possess non-sandbar LCS that
were harvested by a vessel issued a valid shark research fishery permit
per Sec. 635.32 with a NMFS-approved observer onboard during the trip
the sharks were taken on as long as the non-sandbar shark research
fishery remains open. Under this closure, a shark dealer issued a
permit pursuant to Sec. 635.4 may, in accordance with state
regulations, purchase or receive a non-sandbar LCS in the Gulf of
Mexico region 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 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 result in 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 stock may be negatively affected and fishermen ultimately
could 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.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 29, 2012.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-16481 Filed 6-29-12; 4:15 pm]
BILLING CODE 3510-22-P