[Federal Register Volume 79, Number 230 (Monday, December 1, 2014)]
[Rules and Regulations]
[Pages 71029-71030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28224]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 130402317-3966-02]
RIN 0648-XD636
Atlantic Highly Migratory Species; Commercial Aggregated Large
Coastal Sharks (LCS) and Hammerhead Sharks in the Atlantic Region
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is closing the fisheries for commercial aggregated LCS
and hammerhead sharks in the Atlantic region. This action is necessary
because the commercial landings of Atlantic aggregated LCS for the 2014
fishing season have reached 80 percent of the available commercial
quota as of November 14, 2014, and the fisheries are quota-linked under
current regulations.
DATES: The commercial fisheries for Atlantic aggregated LCS and
Atlantic hammerhead are closed effective 11:30 p.m. local time November
30, 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 Atlantic shark fisheries are managed
under the 2006 Consolidated 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), 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)(3), the quotas of certain
species and/or management groups are linked. The quotas for aggregated
LCS and hammerhead sharks in the Atlantic
[[Page 71030]]
region are linked (Sec. 635.28(b)(3)(i)). Under Sec. 635.28(b)(2),
when NMFS calculates that the landings for any species and/or
management group of a linked group 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 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 fishery for all linked species and/or
management groups is closed, even across fishing years.
On July 3, 2013 (78 FR 40318), NMFS announced the final rule for
Amendment 5a to the 2006 Consolidated HMS FMP, which, among other
things, established new quotas for aggregated LCS and hammerhead sharks
in the Atlantic region and linked the Atlantic aggregated LCS and
Atlantic hammerhead shark management groups. As a result of the quota
linkage, when the quota for one management group is reached and is
closed, the other management group closes at the same time. On November
26, 2013 (78 FR 70500), NMFS announced that the commercial Atlantic
aggregated LCS quota for 2014 was 168.9 metric tons (mt) dressed weight
(dw) (372,552 lb dw), and the Atlantic hammerhead shark quota was 27.1
mt dw (59,736 lb dw).
Dealer reports recently received through November 14, 2014,
indicate that 135.0 mt dw, or 80 percent, of the available Atlantic
aggregated LCS quota has been landed, and that 10.1 mt dw, or 37
percent, of the available Atlantic hammerhead shark quota has been
landed. Based on these dealer reports, NMFS estimates that the 80-
percent limit specified for a closure notice in the regulations has
been reached as of November 14, 2014. Accordingly, NMFS is closing both
the commercial aggregated LCS and hammerhead management groups in the
Atlantic region as of 11:30 p.m. local time November 30, 3014. All
other shark species or management groups that are currently open 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 aggregated LCS and hammerhead
sharks in the Atlantic region is 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)). Similarly, persons aboard a commercially-
permitted vessel that possesses a valid shark research permit under
Sec. 635.32 and has a NMFS-approved observer onboard may continue to
harvest and sell aggregated LCS and hammerhead sharks in the Atlantic
region pursuant to the terms and conditions of the shark research
permit.
During this closure, a shark dealer issued a permit pursuant to
Sec. 635.4 may not purchase or receive aggregated LCS and/or
hammerhead sharks in the Atlantic region from a vessel issued an
Atlantic Shark LAP, except that a permitted shark dealer or processor
may possess aggregated LCS and/or hammerhead sharks in the Atlantic
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). Additionally, a permitted shark
dealer or processor may possess aggregated LCS and/or hammerhead sharks
in the Atlantic region that were harvested by a vessel issued a valid
shark research fishery permit per Sec. 635.32 that had a NMFS-approved
observer onboard during the trip the sharks were taken on, as long as
the LCS research fishery quota remains open. Similarly, a shark dealer
issued a permit pursuant to Sec. 635.4 may, in accordance with
relevant state regulations, purchase or receive aggregated LCS and/or
hammerhead sharks in the Atlantic 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: November 25, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2014-28224 Filed 11-25-14; 4:15 pm]
BILLING CODE 3510-22-P