[Federal Register Volume 79, Number 231 (Tuesday, December 2, 2014)]
[Rules and Regulations]
[Pages 71331-71339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28136]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 140429387-4971-02]
RIN 0648-XD276
Atlantic Highly Migratory Species; 2015 Atlantic Shark Commercial
Fishing Seasons
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; fishing season notification.
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SUMMARY: This final rule establishes opening dates and adjusts quotas
for the 2015 fishing seasons for the Atlantic commercial shark
fisheries. The quota adjustments are based on over- and/or
underharvests experienced during 2014 and previous fishing seasons. In
addition, NMFS establishes season opening dates based on adaptive
management measures to provide, to the extent practicable, fishing
opportunities for commercial shark fishermen in all regions and areas.
These actions could affect fishing opportunities for commercial shark
fishermen in the northwestern Atlantic Ocean, including the Gulf of
Mexico and Caribbean Sea.
DATES: This rule is effective on January 1, 2015. The 2015 Atlantic
commercial shark fishing season opening dates and quotas are provided
in Table 1 under SUPPLEMENTARY INFORMATION.
ADDRESSES: Highly Migratory Species Management Division, 1315 East-West
Highway, Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Gu[yacute] DuBeck or Karyl Brewster-
Geisz at 301-427-8503.
SUPPLEMENTARY INFORMATION:
Background
The Atlantic commercial shark fisheries are managed under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act). The 2006 Consolidated Highly Migratory
Species (HMS) Fishery Management Plan (FMP) and its amendments are
implemented by regulations at 50 CFR part 635. For the Atlantic
commercial shark fisheries, the 2006 Consolidated HMS FMP and its
amendments established, among other things, commercial quotas for
species and management groups, accounting measures for under- and
overharvests for the shark fisheries, and adaptive management measures,
such as flexible opening dates for the fishing seasons and inseason
adjustments to shark trip limits, which provide management flexibility
in furtherance of equitable fishing opportunities, to the extent
practicable, for commercial shark fishermen in all regions and areas.
On September 11, 2014 (79 FR 54252), NMFS published a rule
proposing the 2015 opening dates for the Atlantic commercial shark
fisheries and quotas, based on shark landings information as of August
15, 2014. The September 2014 proposed rule contains details regarding
the proposal and how the quotas were calculated that are not repeated
here. The comment period on the proposed rule ended on October 14,
2014.
During the comment period, NMFS received more than 50 written and
oral comments on the proposed rule. Those comments, along with the
Agency's responses, are summarized below. As
[[Page 71332]]
further detailed in the Response to Comments section, after considering
all the comments, NMFS is opening the fishing seasons for all shark
management groups except the aggregated LCS and hammerhead shark
management groups in the Atlantic region on January 1, 2015, as
proposed in the September 11, 2014, proposed rule. The aggregated LCS
and hammerhead shark management groups in the Atlantic region will open
on July 1, 2015, which is a change from the proposed rule. Also, some
of the quotas have changed since the proposed rule, based on updated
landings information as of October 15, 2014.
This final rule serves as notification of the 2015 opening dates of
the Atlantic commercial shark fisheries and 2015 quotas, based on shark
landings updated as of October 15, 2014, pursuant to the ``Opening
Fishing Season'' criteria at Sec. 635.27(b)(1)(i) through (b)(1)(x).
This action does not change the annual base commercial quotas
established under Amendments 2, 3, and 5a to the 2006 Consolidated HMS
FMP for any shark management group. Any such changes would be performed
through a separate action. Rather, this action adjusts the annual base
commercial quotas for 2015 based on over- and/or underharvests that
occurred in 2014 and previous fishing seasons, consistent with existing
regulations.
Response to Comments
NMFS received comments on the proposed rule from more than 50
fishermen, dealers, and other interested parties. All written comments
can be found at http://www.regulations.gov/ by searching for RIN 0648-
XC276.
A. LCS Management Group Comments
Comment 1: NMFS received more than 30 comments regarding the
proposed opening date for the aggregated LCS and hammerhead management
groups in the Atlantic region. Some fishermen from the southern portion
of the Atlantic region and other constituents supported the proposed
opening date of June 1. The comments from some of the fishermen in this
area noted they preferred the opportunity to fish for sharks in October
through December because they participate in other, non-shark fisheries
at the beginning of the year and prefer to save the shark quota for
later in the year, when there are no other fisheries open in Florida.
Other constituents in the southern portion of the Atlantic region said
they preferred a later opening date to reduce the fishing pressure on
sharks. Other fishermen from the southern portion of the Atlantic
region requested a January 1 opening date due to shark depredation and
discard issues these fishermen encounter while targeting other, non-
shark species. These commenters feel that the delayed opening in 2014
negatively affected their fishing effort for non-shark species and
increased shark discards because the delayed opening date prevented
sharks from being landed. Both the Atlantic States Marine Fisheries
Commission (ASMFC) and North Carolina Division of Marine Fisheries
(NCDMR) requested a July 1 opening date and expressed concerns that the
proposed June 1 opening date would not provide equitable fishing
opportunities for fishermen located in the northern portion of the
Atlantic region. On October 30, 2014, the ASMFC Shark Board voted on
and approved opening the Atlantic aggregated LCS state-water fishery on
July 1, 2015. The Board also voted on and approved opening the state-
water shark fishery for the other management groups on the date
announced in this final rule.
Response: NMFS evaluates several ``Opening Fishing Season''
criteria (Sec. 635.27(b)(3)) when choosing an opening date. These
criteria include: (1) The available annual quotas for the current
fishing season for the different species/management groups based on any
over- and/or underharvests experienced during the previous commercial
shark fishing seasons; (2) estimated season length based on available
quota(s) and average weekly catch rates of different species and/or
management group from the previous years; (3) length of the season for
the different species and/or management group in the previous years and
whether fishermen were able to participate in the fishery in those
years; (4) variations in seasonal distribution, abundance, or migratory
patterns of the different species/management groups based on scientific
and fishery information; (5) effects of catch rates in one part of a
region precluding vessels in another part of that region from having a
reasonable opportunity to harvest a portion of the different species
and/or management quotas; (6) effects of the adjustment on
accomplishing the objectives of the 2006 Consolidated HMS FMP and its
amendments; and/or (7) effects of a delayed opening with regard to
fishing opportunities in other fisheries.
After evaluating the opening fishing season criteria and reviewing
the public comments, NMFS has determined that changing the opening date
from June 1 to July 1 would better promote equitable fishing
opportunities in the Atlantic region, while still allowing for the full
quota to be harvested. This date should allow fishermen in the northern
portion of the Atlantic region the opportunity to fish starting in
July, while still providing fishermen in the southern portion of the
Atlantic region fishing opportunities later in the year, which might
not be available with a June 1 opening date. After reviewing the
landings information received as of October 15, 2014, and considering
the first, second, fourth, fifth, and sixth criteria listed above, NMFS
projected that under current harvest rates, the 2014 fishing season for
Atlantic aggregated LCS and hammerhead sharks may need to be closed
before the end of the year. Because the 2014 fishing season opened June
1 with similar quotas to those being adopted for the 2015 fishing
season, NMFS believes this current season is an appropriate year to use
as a proxy for 2015. Based on fishing rates from 2014, a July 1 opening
date in 2015 would provide potential fishing opportunities later in the
year, without significantly reducing potential fishing opportunities
earlier in the year.
Regarding the comments from some fishermen from the southern
portion of the Atlantic region who supported the proposed June 1
opening for the Atlantic aggregated LCS and hammerhead shark fisheries
to ensure the potential fishing opportunities later in the year
(October through December), changing the opening date to July 1 is
consistent with the intent noted by these fishermen, and is based in
part on these comments. As discussed above, opening the fishing season
on July 1, 2015, rather than June 1, 2015, would better ensure fishing
opportunities later in the year.
Regarding the comments from other constituents who supported the
proposed opening date of June 1 to reduce fishing pressure on sharks, a
later opening date would reduce fishing pressure on sharks during part
of the year; however, that fishing pressure would still occur during
other parts of the year. NMFS is unaware of any science specific to the
shark fishery as a whole that indicates fishing pressure during one
part of the year is more harmful than fishing pressure during another
part of the year. Furthermore, as noted below, while fishermen may not
be fishing for sharks when the season is closed, fishing pressure on
sharks still occurs, as sharks are still caught and discarded during
closed seasons. These factors are taken into account in establishing
rebuilding plans for the stock and commercial fishing quotas. NMFS
establishes commercial fishing quotas based on the best available
[[Page 71333]]
science, in order to rebuild overfished fisheries, prevent overfishing,
and achieve optimum yield. Through the stock assessments for these
species, the current quotas and fishing pressure have been determined
to prevent overfishing and rebuild overfished stocks.
Regarding the comments from fishermen from the southern portion of
the Atlantic region who requested an opening date of January 1 for the
Atlantic aggregated LCS and hammerhead shark fisheries due to the
depredation of non-shark target catch by sharks, NMFS agrees that
fishermen who catch sharks incidental to fishing for other, non-shark
species would need to discard sharks at the beginning of the year if
the shark fishing season is not yet open. However, opening the Atlantic
aggregated LCS and hammerhead shark fisheries on January 1 would not
provide equitable fishing opportunities throughout the region.
Fishermen in the southern portion of the Atlantic region could harvest
a large amount of the quota before the sharks migrate into the northern
portion of the Atlantic region. Additionally, regardless of when the
fishing season opens, fishermen who catch sharks when the fishing
season is closed would need to discard sharks that are caught
incidental to other fishing activities. Thus, opening early in the year
likely would mean that fishermen who fish later in the year (when the
shark fishery would likely be closed) would need to discard any sharks
caught. These potential discards from fishing for other species when
the shark season is closed were accounted for when establishing the
base quotas and are considered during stock assessments.
Regarding the requests by ASMFC and NCDMR to delay the opening of
the aggregated LCS and hammerhead shark management groups in the
Atlantic region until July 1 to allow equitable fishing opportunities
given the migration of sharks along the coast throughout the year, as
discussed above, NMFS has determined that opening the fisheries later
in the year could provide more equitable fishing opportunities across
the entire Atlantic region, without negative ecological impacts on
shark stocks. The July 1 opening date voted on and approved by the
ASMFC Shark Board for the Atlantic aggregated LCS state-water fishery
is consistent with the opening date NMFS is establishing in this final
rule.
Comment 2: Regarding the proposed opening date for the blacktip
shark, aggregated LCS, and hammerhead shark management groups in the
Gulf of Mexico region, all commenters supported the proposed opening
date of January 1. NMFS also received mixed comments regarding the
carry forward of the 2014 quota underharvest to the 2015 fishing
season. Some commenters supported the carry forward of the
underharvested blacktip shark quota, since the management group is not
overfished and no overfishing is occurring, while other commenters
requested that NMFS not increase the blacktip shark fishing quota as a
result of the underharvest due to concerns about overfishing, illegal
fishing, and discards of shark species.
Response: Taking into consideration the ``Opening Fishing Season''
criteria (Sec. 635.27(b)(3)) and general support of the proposed
opening date, NMFS has determined that keeping the proposed opening
date of January 1 for the blacktip shark, aggregated LCS, and
hammerhead shark management groups in the Gulf of Mexico region
promotes equitable fishing opportunities throughout this region. In
reaching this determination, NMFS considered, in particular, the length
of the season for the different species and/or management groups in
2013 and 2014 and whether fishermen were able to participate in the
fishery in those years (Sec. 635.27(b)(3)(iii)).
Regarding the comments relating to carrying forward the 2014 quota
underharvest to the 2015 fishing season, current regulations state that
shark stocks that are not overfished and have no overfishing occurring
may have any underharvest carried forward in the following year, up to
50 percent of the base quota (Sec. 635.27(b)(2)). The Gulf of Mexico
blacktip shark management group is not overfished and not experiencing
overfishing (77 FR 70552; November 26, 2012). As such, under the
current regulations, available underharvest (up to 50 percent of the
base quota) from the 2014 fishing season can be applied to the 2015
quota, and NMFS will do so.
In the final rule for Amendment 5a to the 2006 Consolidated HMS FMP
(78 FR 40318, July 3, 2013), NMFS implemented a total allowable catch
(TAC) for blacktip sharks in the Gulf of Mexico region and also
established a commercial quota for this species, based on current
levels of mortality. When establishing the TAC, all sources of
mortality were accounted for as described in Amendment 5a to the 2006
Consolidated HMS FMP. Given this, even carrying forward the
underharvest, the TAC is not likely to be exceeded because the
resulting mortality and any discards were already taken into account.
In addition, as described in Amendment 5a to the 2006 Consolidated HMS
FMP, the Gulf of Mexico blacktip shark stock assessment noted that
current removal rates are sustainable, and subsequent projections,
which were completed outside the SEDAR process, indicate that current
removals are unlikely to lead to an overfished fish stock by 2040. The
projections also indicate that higher levels of removal, like carrying
forward the underharvest, are unlikely to result in an overfished
stock.
Comment 3: NMFS received a comment from the ASMFC in opposition to
changing the retention limits throughout the season. Specifically,
ASMFC noted that the current LCS retention limit has eliminated the LCS
target shark fishery and that fishermen use the LCS retention limit to
supplement total trip catch when fishing for other species (e.g.,
tilefish, Spanish mackerel, swordfish, etc.). ASMFC is concerned that
any adjustment to the trip limit could reduce these fishermen's
economic success.
Response: NMFS did not discuss retention limits for the aggregated
LCS and hammerhead shark management groups in the proposed rule for the
2015 Atlantic shark commercial fishing season. NMFS did indicate that
the Agency could use the adaptive management measures that were
finalized in the 2011 shark season rule (75 FR 76302; December 8,
2010), which includes adjusting, via inseason actions, the retention
limit for aggregated LCS and hammerhead sharks. These adaptive
management measures were finalized in 2011 to provide fishermen more
equitable access to the relevant shark resource throughout their
applicable region by slowing a fishery down, as needed, if the quota is
being harvested too quickly. For example, if fishermen in one part of a
region were catching sharks quickly and might fully harvest the
available quota before the sharks were likely to migrate to other parts
of the region, NMFS might reduce the trip limit for a short period of
time in order to ensure all fishermen throughout the region had an
opportunity to harvest sharks. Before making inseason adjustments, NMFS
would consider the criteria listed at Sec. 635.24(a)(8). To date, NMFS
has not used these adaptive management measures, but may in the future,
depending on catch rates and available quota.
Comment 4: NMFS received comments on the proposed quotas for the
hammerhead shark management groups. Commenters requested NMFS to lower
the hammerhead shark management group quotas because the quotas could
have been underharvested
[[Page 71334]]
due to the small population and/or low demand for harvesting.
Commenters suggest that NMFS be conservative with the proposed quota,
determine the reason for the underharvest, and account for illegal or
undocumented harvest of hammerhead sharks.
Response: NMFS is setting the base quota as the 2015 quota for the
hammerhead shark management groups, and adjustments to the base quota
for anything other than for over- and underharvest are beyond the scope
of this rulemaking. Based on the results of a 2009 stock assessment,
NMFS determined that scalloped hammerhead sharks were overfished and
experiencing overfishing (76 FR 23794, April 28, 2011). In Amendment 5a
to the 2006 Consolidated HMS FMP (78 FR 40318, July 3, 2013), NMFS
implemented a TAC for all of the hammerhead shark stocks (scalloped,
great, and smooth) that would allow rebuilding of the scalloped
hammerhead shark stock within 10 years. In addition, NMFS implemented
quota linkages for the aggregated LCS and hammerhead shark management
groups in Amendment 5a to the 2006 Consolidated HMS FMP. Under these
linkages, if either management group reaches or is projected to reach
its quota, NMFS would close both management groups to ensure discards
do not occur. In 2013, which was the first year with a separate
hammerhead shark quota, the hammerhead shark landings did not reach the
quota due to the quota linkage with the aggregated LCS management
group. Once landings of the aggregated LCS management group reached 80
percent, NMFS closed both the aggregated LCS and hammerhead shark
management groups. Thus, NMFS believes the quota linkage has been the
reason the hammerhead shark quota is not fully harvested and does not
believe that the lack of hammerhead shark landings raises additional
concerns about the status of the stock.
Regarding the comment to account for illegal or undocumented
harvest of hammerhead sharks, NMFS is aware of illegal or undocumented
harvest of shark species, including many SCS and blacktip sharks, along
with a few hammerhead sharks, in the Gulf of Mexico. NOAA and the U.S.
Coast Guard are actively working to address illegal fishing vessel
incursions into U.S. waters, and, as appropriate, NMFS includes
estimates of illegal catches from the border of Texas and Mexico in
stock assessments to ensure all sources of mortality are considered.
Illegal fishing is of high concern to NMFS, as this capture undermines
management and rebuilding strategies, makes stock assessments and
capture data less reliable for science, and hurts U.S. fishermen who
rely on these shark species, because when NMFS includes the illegal
landings in the stock assessments, the additional mortality could lower
the commercial quota for U.S. fishermen.
B. General Comments
Comment 5: NMFS received a comment that there has been an increase
in the number of all species of sharks (especially juvenile sharks) in
the coastal waters of South Carolina and the commenter requested NMFS
to conduct research in the area.
Response: This comment is outside the scope of this rulemaking,
which establishes commercial quotas for the 2015 shark season based on
over- and underharvest in 2014 and previous fishing seasons and sets
the opening dates for each management group. To the extent the
commenter is requesting research on shark numbers and habitats, that
research is regularly done, including off South Carolina, as part of
the stock assessments of shark species. Management of the Atlantic
shark fisheries is based on the best available science to rebuild
overfished or maintain shark stocks and prevent overfishing. NMFS
continues to study essential fish habitats (EFH) for HMS, including off
South Carolina, to refine our understanding of important habitat areas
for HMS. The Magnuson-Stevens Act defines EFH as habitat necessary for
spawning, breeding, feeding, and growth to maturity. The Magnuson-
Stevens Act requires the identification of EFH in FMPs, and towards
that end, NMFS has funded two cooperative survey programs designed to
further delineate shark nursery habitats in the Atlantic and Gulf of
Mexico. In the Atlantic, the Cooperative Atlantic States Shark Pupping
and Nursery (COASTSPAN) Survey is designed to assess the geographical
and seasonal extent of shark nursery habitat, determine which shark
species use these areas, and gauge the relative importance of these
coastal habitats in order to provide information that can then be used
in EFH determinations. In South Carolina, COASTSPAN sampling took place
in both nearshore and estuarine waters, including: Bulls Bay,
Charleston Harbor, North Edisto, Port Royal Sound, St. Helena Sound,
and Winyah Bay. Thirteen species of sharks were captured, the most
abundant of which was Atlantic sharpnose. The findings of COASTSPAN
continue to highlight the importance of South Carolina estuarine and
nearshore waters as nursery habitat for many SCS and LCS, and indicate
the extensive use of these waters as habitat for several adult SCS.
Comment 6: NMFS received comments to stop all shark fishing.
Response: This comment is outside the scope of this rulemaking,
because the purpose of this rulemaking is to adjust quotas for the 2015
shark seasons based on over- and underharvests from the previous years
and set opening dates for the 2015 shark seasons. Management of the
Atlantic shark fisheries is based on the best available science to
maintain or rebuild overfished shark stocks. The final rule does not
reanalyze the overall management measures for sharks, which were
analyzed in Amendments 2, 3, and 5a to the 2006 Consolidated HMS FMP.
NMFS is considering further shark management measures, including those
to rebuild shark stocks or prevent overfishing, in other upcoming
rulemakings, such as Amendments 5b and 6 to the 2006 Consolidated HMS
FMP.
Comment 7: NMFS received comments stating that there are still
ongoing issues with the survival of Central and Southwest Atlantic
Distinct Population Segment (DPS) scalloped hammerhead sharks due to
the extremely high post-release mortality rate of the species.
Commenters request that NMFS hold more catch and release and
identification workshops to ensure the future of these sharks.
Response: This comment is outside the scope of this rulemaking,
because the purpose of this rulemaking is to adjust quotas for the 2015
shark seasons based on over- and underharvests from the previous years
and set opening dates for the 2015 shark seasons. Management of the
Atlantic shark fisheries is based on the best available science to
maintain or rebuild overfished shark stocks.
On July 3, 2014, NMFS issued the final determination to list the
Central and Southwest Atlantic Distinct DPS of scalloped hammerhead
shark as threatened species pursuant to the Endangered Species Act
(ESA) (79 FR 38214). The Central and Southwest Atlantic DPS of
scalloped hammerhead sharks occurs within the management area of
Atlantic HMS commercial and recreational fisheries that are managed by
NMFS's Office of Sustainable Fisheries, HMS Management Division. The
HMS Management Division manages Atlantic HMS in U.S. Atlantic and Gulf
of Mexico waters, including the U.S. Caribbean territories of Puerto
Rico and the U.S. Virgin Islands. The HMS Management Division has
reinitiated consultation with the NMFS Office of Protected Resources to
[[Page 71335]]
consider if further actions regarding scalloped hammerhead sharks may
be needed, including holding more catch and release and identification
workshops in these areas.
Comment 8: NMFS received comments that some constituents strongly
disagree with laws that allow federal commercial vessels to keep sharks
that are illegal to land in state waters. Some constituents also
recommended establishing commercial size limits for sharks.
Response: This comment is outside the scope of this rulemaking. The
purpose of this rulemaking is to adjust quotas for the 2015 shark
season based on over- and underharvests from the previous years and set
opening dates for the 2015 shark season. Management of the Atlantic
shark fisheries is based on the best available science to maintain or
rebuild overfished shark stocks. The final rule does not reanalyze the
overall management measures for sharks, which were analyzed in
Amendments 2, 3, and 5a to the 2006 Consolidated HMS FMP. NMFS is
considering further shark management measures in other upcoming
rulemakings, such as Amendments 5b and 6 to the 2006 Consolidated HMS
FMP.
If fishermen are harvesting Atlantic sharks in federal waters, they
are required to hold an HMS permit. As a condition of the federal
permit, HMS permit holders must abide by all applicable federal
regulations, regardless of where fishing occurs, including in state
waters. However, when fishing in the waters of a state with more
restrictive regulations, the more restrictive state regulations apply
(Sec. 635.4(a)(10)) to those holders of Federal HMS permits.
Regarding the establishment of commercial size limits for sharks,
NMFS has considered this several times and may consider it again in the
future, depending on new data. In the 1999 Atlantic Tunas, Swordfish,
and Sharks FMP, NMFS finalized a number of measures, including a
commercial minimum size limit of 4.5 feet fork length for ridgeback
sharks. This minimum size was never implemented, due to a court
settlement, and in Amendment 1 to that 1999 FMP (68 FR 74746, December
24, 2003), NMFS determined that any conservation benefits gained by a
commercial minimum size may be offset by increases in regulatory
discards and associated post-release mortality, given that commercial
fishermen may be unable to avoid mixed size aggregations of some shark
species. Also, regulatory discards do not count towards the trip limit.
Thus, fishermen could catch a full set of undersized sharks, which
would be discarded, and then the fishermen would set more gear,
potentially causing more discards. Additionally, finding an appropriate
minimum size is difficult because shark species mature at different
ages and sizes and because commercial fishermen remove the heads of the
sharks while dressing the carcass. Sharks are usually measured from the
tip of their nose to either the fork of their tail (fork length) or the
tip of their tail (total length). Thus, removing the head of the shark,
while critical in maintaining the quality of meat necessary to sell the
product, would cause enforcement and other difficulties if there was a
commercial minimum size that depended on either fork length or total
length. Despite these difficulties, most recently, NMFS considered a
commercial minimum size for shortfin mako sharks under Amendment 3 to
the 2006 Consolidated HMS FMP (75 FR 30484; June 1, 2010). Based on the
fisheries logbook data, NMFS assumed that some shortfin mako sharks
were dead at haulback; therefore, imposing a size limit could lead to
an increase in dead discards. Thus, NMFS did not implement a commercial
size for the species, but may consider this option again in the future
depending on new data.
Comment 9: NMFS received comments that the Carolina hammerhead
shark species needs more protection, as the population size is unknown
and could easily be mistaken for the scalloped hammerhead sharks.
Response: This comment is outside the scope of this rulemaking. The
purpose of this rulemaking is to adjust quotas for the 2015 shark
seasons based on over- and underharvests from the previous years and
set opening dates for the 2015 shark seasons. Management of the
Atlantic shark fisheries is based on the best available science to
maintain or rebuild overfished shark stocks. The final rule does not
reanalyze the overall management measures for sharks, which were
analyzed in Amendments 2, 3, and 5a to the 2006 Consolidated HMS FMP.
The Carolina hammerhead shark species is not currently included in the
hammerhead shark management groups, but NMFS may consider including it
in the future.
Comment 10: NMFS received several comments from the NCDMF
requesting the removal of the non-blacknose SCS and blacknose shark
quota linkage, and expressing concerns that NMFS is not properly
accounting for the different reported landing conditions between states
in the Atlantic region.
Response: As described above, quota linkages are designed to
prevent incidental mortality of one species from occurring in another
shark fishery after the species' management group has closed. Also, in
the case of the blacknose and non-blacknose SCS quota linkage, NMFS
finalized the linkage as part of Amendment 3 to the 2006 Consolidated
HMS FMP specifically because fishermen indicated, and NMFS agreed, that
fishermen could target non-blacknose SCS without catching blacknose
sharks. In Amendment 5a to the 2006 Consolidated HMS FMP, NMFS split
the blacknose and non-blacknose quotas into two regions and again
considered the necessity of the linkage. In each region, NMFS
determined the linkage was necessary to rebuild blacknose sharks, and
therefore the blacknose shark quota is linked to the non-blacknose SCS
quota. If blacknose shark landings in one region trigger a quota
closure, the non-blacknose SCS management group in that region would
close as well. The quota linkage prevents blacknose shark mortality in
the directed non-blacknose SCS fishery after the blacknose shark quota
has been filled. Preventing this mortality is an important part of the
rebuilding plan for blacknose sharks. In Amendment 6 to the 2006
Consolidated HMS FMP, NMFS will examine the quota linkage issue, along
with considering other options that could address NCDMF's concerns.
Regarding the comment that NMFS is not properly accounting for the
different reported landing conditions between states in the Atlantic
region, the HMS Advisory Panel discussed this issue at the September
2014 HMS Advisory Panel meeting in Silver Spring, MD. Atlantic Coastal
Cooperative Statistics Program (ACCSP) dealer reports indicate
differences in how fishermen land sharks. Dealers in some states report
dressed sharks with carcass gutted, head on, and tail on, while others
report dressed sharks with carcass gutted, head off, and tail off
(i.e., shark cores). However, observer data and port agents indicate
that sharks are landed with their heads off regardless of region.
Additionally, dealers cannot indicate ``heads on'' in electronic dealer
reporting forms. Because observer observations suggest that sharks are
landed with ``heads off,'' and since all types of dressed shark
carcasses are included in landings that are counted towards the
commercial quotas, NMFS does not believe this concern affects the
landings estimates used for this rule.
Changes From the Proposed Rule
NMFS made three changes to the proposed rule, as described below.
[[Page 71336]]
1. NMFS changed the final Gulf of Mexico blacktip shark (328.6 mt
dw) quota based on updated landings through October 15, 2014. In the
proposed rule, which was based on data available through August 15,
2014, the 2015 adjusted annual quota for Gulf of Mexico blacktip shark
was proposed to be 330.0 mt dw (727,465 lb dw), based on an estimated
2014 underharvest of 73.4 mt dw (161,765 lb dw). Based on updated
landings data through October 15, 2014, the Gulf of Mexico blacktip
shark management group was underharvested by 72.0 mt dw. Therefore, the
2015 adjusted annual quota for Gulf of Mexico blacktip shark is 328.6
mt dw (724,302 lb dw) (256.6 mt dw annual base quota + 72.0 mt dw 2014
underharvest = 328.6 mt dw 2015 adjusted annual quota). Landings
information beyond October 15, 2014, was not available while NMFS was
writing this rule. This final rule used the most recent available
information to allow NMFS to properly analyze the fishery and open the
fishery as proposed on January 1, 2015. Any landings between October 15
and December 31, 2014, will be accounted for in the 2016 shark
fisheries quotas, as appropriate.
2. NMFS changed the final Gulf of Mexico aggregated LCS (156.5 mt
dw) quota based on updated landings through October 15, 2014. In the
proposed rule, the quota for the Gulf of Mexico aggregated LCS
management group was proposed to be 156.1 mt dw (344,271 lb dw), based
on an estimated 2014 overharvest of 1.3 mt dw (2,638 lb dw) and a
previously unaccounted for 2013 overharvest of 0.1 mt dw (408 lb dw).
However, based on the updated landings data, NMFS found that the 2014
quota was overharvested by 2.3 mt dw (5,095 lb dw), and NMFS also
determined that the 2013 landings were overestimated by 1.3 mt dw
(2,758 lb dw). Thus, NMFS will reduce the 2015 base annual quota by 1.0
mt dw (2,337 lb dw), based on the most recent estimates of the 2013 and
2014 landings. Therefore, the 2015 adjusted annual quota for Gulf of
Mexico aggregated LCS is 156.5 mt dw (344,980 lb dw) (157.5 mt dw
annual base quota - 2.3 mt dw 2014 overharvest + 1.3 mt dw 2013
overestimated landings = 156.5 mt dw 2015 adjusted annual quota). As
described above, landings information beyond October 15, 2014, was not
available while NMFS was writing this rule. This final rule used the
most recent available information to allow NMFS to properly analyze the
fishery and open the fishery on January 1, 2015. Any landings between
October 15 and December 31, 2014, will be accounted for in the 2016
shark fisheries quotas, as appropriate.
3. NMFS changed the opening date for the aggregated LCS and
hammerhead shark management groups in the Atlantic region from June 1,
2015, to July 1, 2015. As explained above, NMFS changed the opening
date after considering the ``Opening Fishing Season'' criteria (Sec.
635.27(b)(3)), public comment, and the 2014 landings data in order to
promote more equitable fishing opportunities in the Atlantic region.
2015 Annual Quotas
This final rule adjusts the 2015 commercial quotas due to over-
and/or underharvests in 2014 and previous fishing seasons, based on
landings data through October 15, 2014. The 2015 annual quotas by
species and species group are summarized in Table 1. All dealer reports
that are received by NMFS after October 15, 2014, will be used to
adjust the 2016 quotas, if necessary. A description of the quota
calculations is provided in the proposed rule and is not repeated here.
Any changes are described in the ``Changes from the Proposed Rule''
section.
Table 1--2015 Annual Quotas and Opening Dates for the Atlantic Shark Fisheries
[All quotas and landings are dressed weight (dw), in metric tons (mt), unless specified otherwise]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Preliminary 2014 2015 Base 2015 Final
Region Management group 2014 annual landings \1\ Adjustments (C) annual quota annual quota Season opening
quota (A) (B) (D) (D + C) dates
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gulf of Mexico............... Blacktip Sharks. 274.3 mt dw 202.3 mt dw 72.0 mt dw 256.6 mt dw 328.6 mt dw January 1,
(604,626 lb dw). (446,024 lb dw). (158,602 lb dw) (565,700 lb (724,302 lb 2015.
\2\. dw). dw).
Aggregated Large 151.2 mt dw 153.7 mt dw -1.0 mt dw 157.5 mt dw 156.5 mt dw
Coastal Sharks. (333,828 lb dw). (338,923 lb dw). (2,337 lb dw) (347,317 lb (344,980 lb
\3\. dw). dw).
Hammerhead 25.3 mt dw 14.4 mt dw ................ 25.3 mt dw 25.3 mt dw
Sharks. (55,722 lb dw). (31,733 lb dw). (55,722 lb dw). (55,722 lb dw).
Non-Blacknose 68.3 mt dw 66.8 mt dw ................ 45.5 mt dw 45.5mt dw
Small Coastal (150,476 lb dw). (147,366 lb dw). (100,317 lb (100,317 lb
Sharks. dw). dw).
Blacknose Sharks 1.8 mt dw (4,076 1.4 mt dw (3,149 -0.2 mt dw (-437 2.0 mt dw 1.8 mt dw
lb dw). lb dw). lb dw) \4\. (4,513 lb dw). (4,076 lb dw).
Atlantic..................... Aggregated Large 168.9 mt dw 101.6 mt dw ................ 168.9 mt dw 168.9 mt dw July 1, 2015.
Coastal Sharks. (372,552 lb dw). (224,098 lb dw). (372,552 lb (372,552 lb
dw). dw).
Hammerhead 27.1 mt dw 6.0 mt dw ................ 27.1 mt dw 27.1 mt dw
Sharks. (59,736 lb dw). (13,223 lb dw). (59,736 lb dw). (59,736 lb dw).
Non-Blacknose 264.1 mt dw 103.1 mt dw ................ 176.1 mt dw 176.1 mt dw January 1,
Small Coastal (582,333 lb dw). (227,202 lb dw). (388,222 lb (388,222 lb 2015.
Sharks. dw). dw).
Blacknose Sharks 17.5 mt dw 17.4 mt dw -0.5 mt dw (- 18.0 mt dw 17.5 mt dw
(38,638 lb dw). (38,437 lb dw). 1,111 lb dw) (39,749 lb dw). (38,638 lb dw).
\4\.
No regional quotas........... Non-Sandbar LCS 50.0 mt dw 14.3 mt dw ................ 50.0 mt dw 50.0 mt dw January 1,
Research. (110,230 lb dw). (31,543 lb dw). (110,230 lb (110,230 lb 2015.
dw). dw).
Sandbar Shark 116.6 mt dw 37.5 mt dw ................ 116.6 mt dw 116.6 mt dw
Research. (257,056 lb dw). (82,737 lb dw). (257,056 lb (257,056 lb
dw). dw).
Blue Sharks..... 273.0 mt dw 7.8 mt dw ................ 273.0 mt dw 273.0 mt dw
(601,856 lb dw). (17,157 lb dw). (601,856 lb (601,856 lb
dw). dw).
Porbeagle Sharks 1.3 mt dw (2,874 0.5 mt dw (1,035 ................ 1.7 mt dw 1.7 mt dw
lb dw). lb dw). (3,748 lb dw). (3,748 lb dw).
[[Page 71337]]
Pelagic Sharks 488 mt dw 126.7 mt dw ................ 488.0 mt dw 488.0 mt dw
Other Than (1,075,856 lb (279,276 lb dw). (1,075,856 lb (1,075,856 lb
Porbeagle or dw). dw). dw).
Blue.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Landings are from January 1, 2014, through October 15, 2014, and are subject to change.
\2\ This adjustment accounts for underharvest in 2014. Therefore, the Gulf of Mexico blacktip shark adjusted quota will be 328.6 mt dw for the 2015
fishing season.
\3\ This adjustment accounts for overharvests from 2013 and 2014. In the final rule establishing the 2014 quotas (78 FR 70500; November 26, 2013), the
2013 Gulf of Mexico aggregated LCS quota was overharvested by 6.2 mt dw (13,489 lb dw). After the final rule establishing the 2014 quotas published,
late dealer reports indicated the quota was overharvested by an additional 0.1 mt dw (408 lb dw), for a total overharvest of 6.3 mt dw (13,897 lb dw).
Recently, NMFS determined that the 2014 final rule overestimated the overharvest from 2013 by 1.3 mt dw (2,758 lb dw). In 2014, the Gulf of Mexico
aggregated LCS quota was overharvested by 2.3 mt dw (5,095 lb dw). Therefore, this final rule reduces the Gulf of Mexico aggregated LCS quota by 1.0
mt dw (2.3 mt dw overharvest in 2014_1.3 mt dw overestimated from 2013). NMFS will adjust the 2015 base annual quota based on the updated overharvest
estimates from 2013 and 2014.
\4\ This adjustment accounts for overharvest in 2012. After the final rule establishing the 2012 quotas published, late dealer reports indicated the
blacknose shark quota was overharvested by 3.5 mt dw (7,742 lb dw). In the final rule establishing the 2014 quotas, NMFS implemented a 5-year
adjustment of the overharvest amount by the percentage of landings in 2012. Thus, NMFS will reduce the Gulf of Mexico blacknose shark quota by 0.2 mt
dw (437 lb dw) and the Atlantic blacknose shark quota by 0.5 mt dw (1,111 lb dw) each year from 2014 through 2018. NMFS will reduce the 2015 base
annual quota based on overharvest from 2012.
Fishing Season Notification for the 2015 Atlantic Commercial Shark
Fishing Seasons
Based on the seven ``Opening Fishing Season'' criteria listed in
Sec. 635.27(b)(3), the 2015 Atlantic commercial shark fishing seasons
for the Gulf of Mexico blacktip shark, Gulf of Mexico aggregated LCS,
Gulf of Mexico hammerhead shark, non-blacknose shark SCS, blacknose
shark, sandbar shark, blue shark, porbeagle shark, and pelagic shark
(other than porbeagle or blue sharks) management groups in the
northwestern Atlantic Ocean, including the Gulf of Mexico and the
Caribbean Sea, will open on January 1, 2015. The aggregated LCS and
hammerhead shark management groups in the Atlantic region will open on
July 1, 2015.
All of the shark management groups would remain open until December
31, 2015, or until NMFS determines that the fishing season landings for
any shark management group has reached, or is projected to reach, 80
percent of the available quota. Additionally, NMFS has established non-
linked and linked quotas; linked quotas are explicitly designed to
concurrently close multiple shark management groups that are caught
together to prevent incidental catch mortality from exceeding the total
allowable catch. At this time, Gulf of Mexico blacktip and pelagic
sharks have non-linked quotas and can close without affecting any other
management groups. Consistent with Sec. 635.28(b)(4), NMFS may close
the Gulf of Mexico blacktip shark management group before landings
reach, or are expected to reach, 80 percent of the quota. The linked
quotas of the species and/or management groups are Atlantic hammerhead
sharks and Atlantic aggregated LCS; Gulf of Mexico hammerhead sharks
and Gulf of Mexico aggregated LCS; Atlantic blacknose and Atlantic non-
blacknose SCS; and Gulf of Mexico blacknose and Gulf of Mexico non-
blacknose SCS. NMFS will file for publication with the Office of the
Federal Register a notice of closure for that shark species, shark
management group including any linked quotas, and/or region that will
be effective no fewer than 5 days from date of filing. From the
effective date and time of the closure until NMFS announces, via the
publication of a notice in the Federal Register, that additional quota
is available and the season is reopened, the fisheries for the shark
species or management group are closed, even across fishing years.
Before taking any inseason action, NMFS would consider the criteria
listed at Sec. 635.28(b)(4).
Classification
The NMFS Assistant Administrator has determined that the final rule
is consistent with the 2006 Consolidated HMS FMP and its amendments,
other provisions of the MSA, and other applicable law.
This final rule is exempt from review under Executive Order 12866.
In compliance with section 604 of the Regulatory Flexibility Act
(RFA), NMFS prepared a Final Regulatory Flexibility Analysis (FRFA) for
this final rule, which analyzed the adjustments to the Gulf of Mexico
blacktip shark, Gulf of Mexico aggregated LCS, and blacknose shark
management group quotas based on over- and/or underharvests from the
previous fishing season(s). The FRFA analyzes the anticipated economic
impacts of the final actions and any significant economic impacts on
small entities. The FRFA is below.
Section 604(a)(1) of the Regulatory Flexibility Act requires an
explanation of the purpose of the rulemaking. The purpose of this final
rulemaking is, consistent with the Magnuson-Stevens Act, to adjust the
2015 annual quotas for all Atlantic and Gulf of Mexico shark management
groups based on over- and/or underharvests from the previous fishing
year(s), where allowable. These adjustments are being implemented
according to the regulations implemented for the 2006 Consolidated HMS
FMP and its amendments.
In this rulemaking, NMFS expects few, if any, economic impacts to
fishermen other than those already analyzed in the 2006 Consolidated
HMS FMP and its amendments. While there may be some direct negative
economic impacts associated with the opening dates for fishermen in
certain areas, there could also be positive effects for other fishermen
in the region. The opening dates were chosen to allow for an equitable
distribution of the available quotas among all fishermen across regions
and states, to the extent practicable.
Section 604(a)(2) of the Regulatory Flexibility Act requires NMFS
to summarize significant issues raised by the public in response to the
Initial Regulatory Flexibility Analysis (IRFA), provide a summary of
NMFS' assessment of such issues, and provide a statement of any changes
made as a result of the comments. The IRFA was done as part of the
proposed rule for the 2014 Atlantic Commercial Shark Season
Specifications. NMFS did not receive any comments specific to the IRFA.
However, NMFS received comments related to the overall economic impacts
of the proposed rule, and those comments and NMFS' assessment of and
response to them are summarized above (see Comments 1, 2, 3, 4, and 10
above). As described in the responses to those comments relating to the
season
[[Page 71338]]
opening dates, consistent with Sec. 635.27(b)(3), the opening date for
the Gulf of Mexico blacktip shark, Gulf of Mexico aggregated LCS, Gulf
of Mexico hammerhead shark, non-blacknose shark SCS, blacknose shark,
sandbar shark, blue shark, porbeagle shark, and pelagic shark (other
than porbeagle or blue sharks) management groups will be implemented as
proposed, while the opening date for the aggregated LCS and hammerhead
shark management groups in the Atlantic region will be delayed until
July 1, 2015.
Section 604(a)(3) requires NMFS to provide an estimate of the
number of small entities to which the rule would apply. The Small
Business Administration (SBA) has established size criteria for all
major industry sectors in the United States, including fish harvesters.
On June 12, 2014, the SBA issued an interim final rule revising the
small business size standards for several industries effective July 14,
2014 (79 FR 33467; June 12, 2014). The rule increased the size standard
from $19.0 to $20.5 million for finfish fishing, from $5 to $5.5
million for shellfish fishing, and from $7.0 million to $7.5 million
for other marine fishing, for-hire businesses, and marinas. Id. at
33656, 33660, 33666. NMFS has reviewed the analyses prepared for this
action in light of the new size standards. Under the former, lower size
standards, all entities subject to this action were considered small
entities, thus they all would continue to be considered small under the
new standards. NMFS does not believe that the new size standards affect
analyses prepared for this action. The final rule would apply to the
approximately 206 directed commercial shark permit holders (127 in the
Atlantic and 79 in the Gulf of Mexico regions), 258 incidental
commercial shark permit holders (158 in the Atlantic and 100 in the
Gulf of Mexico regions), and 96 commercial shark dealers (68 in the
Atlantic and 28 in the Gulf of Mexico regions) as of October 2014.
Section 604(a)(4) of the Regulatory Flexibility Act requires NMFS
to describe the projected reporting, recordkeeping, and other
compliance requirements of the final rule, including an estimate of the
classes of small entities which would be subject to the requirements of
the report or record. None of the actions in this final rule would
result in additional reporting, recordkeeping, or compliance
requirements beyond those already analyzed in Amendments 2, 3, and 5a
to the 2006 Consolidated HMS FMP.
Section 604(a)(5) of the Regulatory Flexibility Act requires NMFS
to describe the steps taken to minimize the economic impact on small
entities, consistent with the stated objectives of applicable statutes.
Additionally, the Regulatory Flexibility Act (5 U.S.C. 603(c)(1)-(4))
lists four general categories of ``significant'' alternatives that
would assist an agency in the development of significant alternatives
that would accomplish the stated objectives of applicable statutes and
minimize any significant economic impact of the rule on small entities.
These categories of alternatives are: (1) Establishment of differing
compliance or reporting requirements or timetables that take into
account the resources available to small entities; (2) clarification,
consolidation, or simplification of compliance and reporting
requirements under the rule for such small entities; (3) use of
performance rather than design standards; and (4) exemptions from
coverage of the rule, or any part thereof, for small entities.
In order to meet the objectives of this rule, consistent with the
Magnuson-Stevens Act, NMFS cannot exempt small entities or change the
reporting requirements only for small entities. This rulemaking does
not establish management measures to be implemented, but rather
implements previously adopted and analyzed measures as adjustments, as
specified in Amendments 2, 3, and 5a to the 2006 Consolidated HMS FMP
and the EA for the 2011 shark quota specifications rule. Thus, in this
rulemaking, NMFS adjusted the base quotas established and analyzed in
Amendments 2, 3, and 5a to the 2006 Consolidated HMS FMP by subtracting
the underharvest or adding the overharvest, as specified and allowable
in existing regulations. Under current regulations (Sec.
635.27(b)(2)), all shark fisheries close on December 31 of each year,
or when NMFS determines that the fishing season landings for any shark
management group has reached, or is projected to reach, 80 percent of
the available quota, and do not open until NMFS takes action, such as
this rulemaking to re-open the fisheries. Thus, not implementing these
management measures would negatively affect shark fishermen and related
small entities, such as dealers, and also would not provide management
the flexibility in furtherance of equitable fishing opportunities, to
the extent practicable, for commercial shark fishermen in all regions
and areas.
Based on the 2013 ex-vessel price, fully harvesting the unadjusted
2015 Atlantic shark commercial baseline quotas could result in total
fleet revenues of $4,671,260 (see Table 2). For the Gulf of Mexico
blacktip shark management group, there would be a $94,606 gain in
revenue to the regional fleet due to the adjustment for underharvest in
2014. The adjustment for the Gulf of Mexico aggregated LCS management
group due to the overharvest in 2014 and the revised overharvest in
2013 would result in a $1,558 loss in revenue to the regional fleet.
The adjustment for the blacknose shark management group due to the
overharvest in 2012, which resulted in a 5-year quota reduction, would
result in a $431 loss to the Gulf of Mexico blacknose shark management
group and a $1,542 loss to the Atlantic blacknose shark management
group.
Table 2--Average Ex-Vessel Prices per lb dw for Each Shark Management
Group, 2013 *
[Year 2013]
------------------------------------------------------------------------
Species Region Price
------------------------------------------------------------------------
Aggregated LCS.................... Gulf of Mexico...... $0.49
Atlantic............ 0.81
Blacktip Shark.................... Gulf of Mexico...... 0.42
Hammerhead Shark.................. Gulf of Mexico...... 0.41
Atlantic............ 0.64
LCS Research...................... Both................ 0.72
Sandbar Research.................. Both................ 0.78
Non-Blacknose SCS................. Gulf of Mexico...... 0.32
Atlantic............ 0.70
Blacknose Shark................... Gulf of Mexico...... 0.81
Atlantic............ 0.83
[[Page 71339]]
Blue shark........................ Both................ 0.28
Porbeagle shark................... Both................ ** 1.15
Other Pelagic sharks.............. Both................ 1.69
Shark Fins........................ Gulf of Mexico...... 11.16
Atlantic............ 3.53
Both................ 6.05
------------------------------------------------------------------------
* The ex-vessel prices are based on 2013 dealer reports through December
31, 2013.
** Since the porbeagle shark management group was closed for 2013, there
was no 2013 price data. Thus, NMFS used price data from 2012.
All of these changes in gross revenues are similar to the changes
in gross revenues analyzed in the 2006 Consolidated HMS FMP and its
amendments. The FRFAs for those amendments concluded that the economic
impacts on these small entities, resulting from rules such as this one
that establish the season openings via proposed and final rulemaking,
were expected to be minimal. The 2006 Consolidated HMS FMP and its
amendments, and the EA for the 2011 shark quota specifications rule,
assumed NMFS would be preparing annual rulemakings and considering the
previous FRFAs in the economic and other analyses at the time of the
annual rulemakings.
For this final rule, NMFS reviewed the ``Opening Fishing Season''
criteria at Sec. 635.27(b)(3)(i) through (b)(3)(vii) to determine when
opening each fishery will provide equitable opportunities for fishermen
while also considering the ecological needs of the different species.
Over- and/or underharvests of 2014 and previous fishing season quotas
were examined for the different species/complexes to determine the
effects of the 2015 final quotas on fishermen across regional fishing
areas. The potential season lengths and previous catch rates were
examined to ensure that equitable fishing opportunities would be
provided to fishermen. Lastly, NMFS examined the seasonal variation of
the different species/complexes and the effects on fishing
opportunities. In addition to these criteria, NMFS also considered
other relevant factors, such as recent landings data and public
comments, before arriving at the final opening dates for the 2015
Atlantic shark management groups. For the 2015 fishing season, NMFS is
opening the fisheries for Gulf of Mexico blacktip shark, Gulf of Mexico
aggregated LCS, Gulf of Mexico hammerhead shark, non-blacknose shark
SCS, blacknose shark, sandbar shark, blue shark, porbeagle shark, and
pelagic shark (other than porbeagle or blue sharks) management groups
on January 1, 2015. The direct and indirect economic impacts will be
neutral on a short- and long-term basis, because NMFS did not change
the opening dates of these fisheries from the status quo.
NMFS is delaying the opening of the aggregated LCS and hammerhead
shark management groups in the Atlantic region until July 1, 2014. This
delay could result in short-term, direct, minor, adverse economic
impacts, as fishermen and dealers in the southern portion of the
Atlantic region would not be able to fish for aggregated LCS and
hammerhead sharks starting in January, but would still be able to fish
earlier in the 2015 fishing season compared to the 2010 through 2012
fishing seasons, which did not start until July 15. Based on public
comment, some Atlantic fishermen in the southern portion of the region
preferred a delayed opening for the potential to be fishing for
aggregated LCS and hammerhead sharks from October through December.
Therefore, the delayed opening could have direct, minor, beneficial
economic impacts for fishermen, since there are limited opportunities
for fishermen to fish for non-HMS in the southern portion of the
Atlantic region later in the year. In the northern portion of the
Atlantic region, a delayed opening for the aggregated LCS and
hammerhead shark management groups would have direct, minor, beneficial
economic impacts in the short-term for fishermen as they would have
access to the aggregated LCS and hammerhead shark quotas in 2015.
Overall, delaying the opening until July 1 would cause beneficial
cumulative economic impacts across the region, since it would allow for
a more equitable distribution of the quotas among constituents in this
region. In addition, delaying the opening until July 1 would have
minor, beneficial ecological impacts in the short term for the Atlantic
aggregated LCS and hammerhead management groups, since it is consistent
with recommendations from the stock assessments. The economic impacts
would be neutral on long-term basis, because this delayed opening would
be for only the 2015 fishing season.
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
Dated: November 19, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs,National Marine
Fisheries Service.
[FR Doc. 2014-28136 Filed 12-1-14; 8:45 am]
BILLING CODE 3510-22-P