[Federal Register Volume 79, Number 174 (Tuesday, September 9, 2014)]
[Rules and Regulations]
[Pages 53344-53345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21376]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 130402317-3966-02]
RIN 0648-XD475
Gulf of Mexico Highly Migratory Species (HMS); Commercial
Blacknose Sharks and Non-Blacknose Small Coastal Sharks (SCS) in the
Gulf of Mexico Region
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 fisheries for commercial blacknose sharks
and non-blacknose SCS in the Gulf of Mexico region. This action is
necessary because the commercial landings of Gulf of Mexico non-
blacknose SCS for the 2014 fishing season could exceed 80 percent of
the available commercial quota as of September 5, 2014, and the
fisheries are quota-linked under current regulations.
DATES: The commercial fisheries for blacknose sharks and Gulf of Mexico
non-blacknose SCS in the Gulf of Mexico region are closed effective
11:30 p.m. local time September 9, 2014, until the end of the 2014
fishing season on December 31, 2014, or until and if NMFS announces via
a notice in the Federal Register that additional quota is available and
the season is reopened.
FOR FURTHER INFORMATION CONTACT: Alexis Jackson or Karyl Brewster-Geisz
301-427-8503; fax 301-713-1917.
SUPPLEMENTARY INFORMATION: The Gulf of Mexico shark fisheries are
managed under the 2006 Consolidated 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), dealers must electronically submit reports
on sharks that are first received from a vessel on a weekly basis
through a NMFS-approved electronic reporting system. Reports must be
received by no later than midnight, local time, of the first Tuesday
following the end of the reporting week unless the dealer is otherwise
notified by NMFS. Under Sec. 635.28(b)(2), the quotas of certain
species and/or management groups are linked. The quotas for blacknose
sharks and the non-blacknose SCS management group in the Gulf of Mexico
region are linked (Sec. 635.28(b)(3)(iv)). Under Sec. 635.28(b)(2),
when NMFS calculates that the landings for any species and/or
management group of a linked group has reached or is projected 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 all of the
species and/or management groups in a linked group that will be
effective no fewer than 5 days from date of filing. From the effective
date and time of the closure until and if NMFS announces, via a notice
in the Federal Register, that additional quota is available and the
season is reopened, the fisheries for all linked species and/or
management groups are closed, even across fishing years.
On November 26, 2013 (78 FR 70500), NMFS announced that the
commercial Gulf of Mexico blacknose shark quota for 2014 is 1.8 metric
tons (mt) dressed weight (dw) (3,968 lb dw). The non-blacknose SCS
quota was set at 221.6 mt dw, and divided into regions (Atlantic and
Gulf of Mexico) for management purposes. The Atlantic region non-
blacknose SCS quota is 79.5 percent of the base quota or 153.3 mt dw
(150,574 lb dw), and the Gulf of Mexico non-blacknose SCS quota is 20.5
percent or 68.3 mt dw (150,574 lb dw). Current regulations specify that
``[i]nseason and/or annual quota transfers of regional quotas between
regions may be conducted only for species or management groups where
the species are the same between regions and the quota is split between
regions for management purposes and not as a result of a stock
assessment.'' Although the non-blacknose SCS quota currently is split
between regions for management purposes, transferring quota between the
two regions would be inconsistent with accomplishing the objectives of
the fishery management plan now that sharpnose and bonnethead have been
split into separate stocks as a result of the stock assessment. Such a
transfer would, essentially, disregard the scientific bases for
splitting sharpnose and bonnethead sharks into two stocks, and there is
no practicable way to analyze the impacts of and establish separate
quotas for these stocks or the complex as a whole absent the amendment
process. Thus, no such transfer will be made pursuant to 50 CFR
635.27(b)(2)(iii), which includes among the transfer criteria to be
considered, ``[e]ffects of the adjustment on the status of all shark
species;'' and ``[e]ffects of the adjustment on accomplishing the
objectives of the fishery management plan.''
In the upcoming Amendment 6 to the 2006 Consolidated Highly
Migratory Species Fishery Management Plan, NMFS will be considering
implementing total allowable catches and commercial quotas for the non-
blacknose SCS complexes in the Atlantic and Gulf of Mexico regions,
which includes the sharpnose and bonnethead stocks, based on the
results of the SEDAR 34 assessment. Pending such an Amendment, the
separate Atlantic and Gulf of Mexico sharpnose and bonnethead shark
stocks remain within the overall non-blacknose SCS management complex,
with the quotas for the complex designated for this fishing year. The
next assessments for these two species are not yet scheduled but will
include benchmark assessments for each stock.
Dealer reports recently received through August 29, 2014, indicate
that 0.8 mt dw or 42 percent of the available Gulf of Mexico blacknose
shark quota has been landed and 51.7 mt dw or 76 percent of the
available Gulf of Mexico non-blacknose SCS quota has been landed. Based
on projections, NMFS estimates that the 80-percent limit could be
exceeded by September 5, 2014, or earlier. Accordingly, NMFS is closing
both the commercial blacknose shark fishery and non-blacknose SCS
management group in the Gulf of Mexico region as of 11:30 p.m. local
time September 9, 2014. All other shark species or management groups
that are currently open in the Gulf of Mexico region will remain open,
including the blue shark, porbeagle shark, and pelagic sharks other
than porbeagle or blue shark management groups.
At Sec. 635.27(b)(1), 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 monitoring and setting
quotas, to be within the Gulf of Mexico region.
During the closure, retention of blacknose sharks and non-blacknose
SCS in the Gulf of Mexico region is
[[Page 53345]]
prohibited for persons fishing aboard vessels issued a commercial shark
limited access permit (LAP) under Sec. 635.4. However, persons aboard
a commercially permitted vessel that is also properly permitted to
operate as a charter vessel or headboat for HMS and is engaged in a
for-hire trip could fish under the recreational retention limits for
sharks and ``no sale'' provisions (Sec. 635.22(a) and (c)).
During this closure, a shark dealer issued a permit pursuant to
Sec. 635.4 may not purchase or receive blacknose sharks or non-
blacknose SCS in the Gulf of Mexico region from a vessel issued a shark
LAP, except that a permitted shark dealer or processor may possess
blacknose sharks and/or non-blacknose SCS in the Gulf of Mexico region
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)(5). Similarly, a shark dealer issued a permit
pursuant to Sec. 635.4 may, in accordance with relevant state
regulations, purchase or receive blacknose sharks and/or non-blacknose
SCS 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 a 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 fisheries are currently underway and any delay in
this action would result in overharvest of the Gulf of Mexico non-
blacknose SCS 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: September 4, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2014-21376 Filed 9-4-14; 4:15 pm]
BILLING CODE 3510-22-P