[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Rules and Regulations]
[Pages 32040-32041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13795]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 140429387-4971-02]
RIN 0648-XD980
Atlantic Highly Migratory Species; Commercial Blacknose Sharks
and Non-Blacknose Small Coastal Sharks in the Atlantic 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 small coastal sharks (SCS) in the Atlantic region.
This action is necessary because the commercial landings of Atlantic
blacknose sharks for the 2015 fishing season have exceeded 80 percent
of the available commercial quota as of May 29, 2015, and the blacknose
shark and non-blacknose SCS fisheries are quota-linked under current
regulations.
DATES: The commercial fisheries for blacknose sharks and non-blacknose
SCS in the Atlantic region are closed effective 11:30 p.m. local time
June 7, 2015 until the end of the 2015 fishing season on December 31,
2015, 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 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 Atlantic
region are linked (Sec. 635.28(b)(3)(iii)). 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 December 2, 2014 (79 FR 71331), NMFS announced that the 2015
commercial Atlantic blacknose shark quota is 17.5 metric tons (mt)
dressed weight (dw) (38,638 lb dw) and the non-blacknose SCS quota is
176.1 mt dw (388,222 lb dw).
Dealer reports recently received through May 29, 2015, indicated
that 16.3 mt dw or 93 percent of the available Atlantic blacknose shark
quota had been landed and 86.1 mt dw or 49 percent of the available
Atlantic non-blacknose SCS quota had been landed. Based on these dealer
reports, landings of Atlantic blacknose sharks have already exceeded 80
percent of the quota. Accordingly, NMFS is closing both the commercial
blacknose shark fishery and non-blacknose SCS management group in the
Atlantic region as of 11:30 p.m. local time June 7, 2015. The only
shark species or management groups that remain open in the Atlantic
region are research large coastal sharks, sandbar sharks within the
shark research fishery, blue shark, and pelagic sharks other than
porbeagle or blue shark management groups. On July 1, 2015, in the
Atlantic region, the aggregated large coastal shark and hammerhead
shark management groups will open.
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 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 highly migratory species (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 Atlantic 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 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). Similarly, a shark dealer issued a permit pursuant
to Sec. 635.4, in accordance with relevant state regulations, may
purchase or receive blacknose sharks and/or non-blacknose SCS 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 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
[[Page 32041]]
overharvest of the Atlantic 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: June 2, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2015-13795 Filed 6-2-15; 4:15 pm]
BILLING CODE 3510-22-P