[Federal Register Volume 81, Number 62 (Thursday, March 31, 2016)]
[Rules and Regulations]
[Pages 18541-18543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07294]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 150413357-5999-02]
RIN 0648-XE531
Atlantic Highly Migratory Species; Commercial Aggregated Large
Coastal Shark and Hammerhead Shark Management Group Retention Limit
Adjustment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason retention limit adjustment.
-----------------------------------------------------------------------
SUMMARY: NMFS is adjusting the commercial aggregated large coastal
shark (LCS) and hammerhead shark management group retention limit for
directed shark limited access permit holders in the Atlantic region
from 36 LCS other than sandbar sharks per vessel per trip to 3 LCS
other than sandbar sharks per vessel per trip. This action is based on
consideration of the regulatory determination criteria regarding
inseason adjustments. The retention limit will remain at 3 LCS other
than sandbar sharks per vessel per trip in the Atlantic region through
the rest of the 2016 fishing season or until NMFS announces via a
notice in the
[[Page 18542]]
Federal Register another adjustment to the retention limit or a fishery
closure is warranted. This retention limit adjustment will affect
anyone with a directed shark limited access permit fishing for LCS in
the Atlantic region.
DATES: This retention limit adjustment is effective at 11:30 p.m. local
time April 2, 2016, through the end of the 2016 fishing season on
December 31, 2016, or until NMFS announces via a notice in the Federal
Register another adjustment to the retention limit or a fishery
closure, if warranted.
FOR FURTHER INFORMATION CONTACT: Gu[yacute] DuBeck or Karyl Brewster-
Geisz, 301-427-8503; fax 301-713-1917.
SUPPLEMENTARY INFORMATION: Atlantic shark fisheries are managed under
the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management
Plan (FMP), its amendments, and 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. 635.24(a)(8), NMFS may adjust the commercial retention
limit in the shark fisheries during the fishing season. Before making
any adjustment, NMFS must consider specified regulatory criteria and
other relevant factors (see Sec. 635.24(a)(8)(i)-(vi)). After
considering these criteria as discussed below, we have concluded that
reducing the retention limit of the Atlantic aggregated LCS and
hammerhead management groups for directed shark limited access permit
holders will slow the fishery catch rates to allow the fishery
throughout the Atlantic region to remain open for the rest of the year.
Since landings have exceeded 20 percent of the quota and are projected
to reach 80 percent before the end of the 2016 fishing season, we are
reducing the commercial Atlantic aggregated LCS and hammerhead shark
retention limit from 36 to 3 LCS other than sandbar per vessel per
trip.
We considered the inseason retention limit adjustment criteria
listed in Sec. 635.24(a)(8), which includes:
(i) The amount of remaining shark quota in the relevant area,
region, or sub-region, to date, based on dealer reports.
Based on dealer reports, 6.6 mt dw or 24 percent of the 27.1 mt dw
shark quota for the hammerhead management group has already been
harvested in the Atlantic region. This means that approximately 76
percent of the quota remains. These levels so early in the season
indicate that the quota is being harvested too quickly and unless
action is taken to slow harvest, fishermen in the Atlantic region may
not have an opportunity to fish in the region for the remainder of the
year.
(ii) The catch rates of the relevant shark species/complexes in the
region or sub-region, to date, based on dealer reports;
Based on the average catch rate of landings data from dealer
reports, the amount of hammerhead sharks harvested on a daily basis is
high. While fishermen are landing sharks within their per-trip limit of
36 fish per trip on a given day, they are making multiple trips a day
that overall result in high numbers of hammerheads being caught rapidly
throughout the fishery. This daily average catch rate means that
hammerhead sharks are being harvested too quickly to ensure fair
fishing opportunities throughout the season. If the per trip limit is
left unchanged, hammerhead sharks would likely be harvested at such a
high rate that there would not be enough hammerhead shark quota
remaining to keep the fishery open year-round, precluding equitable
fishing opportunities for the entire Atlantic region.
(iii) Estimated date of fishery closure based on when the landings
are projected to reach 80 percent of the quota given the realized catch
rates;
Once the landings reach 80 percent of the quota, we would have to
close the hammerhead management group as well as any other management
group with ``linked quotas'' such as the Atlantic aggregated LCS
management group. Current catch rates would likely result in hitting
this limit by mid-May. A closure so early in the year would preclude
fishing opportunities in the Atlantic region for the remainder of the
year.
(iv) Effects of the adjustment on accomplishing the objectives of
the 2006 Consolidated HMS FMP and its amendments;
Reducing the retention limit for the aggregated LCS and hammerhead
management group from 36 to 3 LCS per trip would allow for fishing
opportunities later in the year consistent with the FMP's objectives to
ensure equitable fishing opportunities throughout the fishing season
and to limit bycatch and discards.
(v) Variations in seasonal distribution, abundance, or migratory
patterns of the relevant shark species based on scientific and fishery-
based knowledge;
The directed shark fisheries in the Atlantic region exhibit a mixed
species composition, with a high abundance of aggregated LCS caught in
conjunction with hammerhead sharks. As a result, by slowing the harvest
and reducing landings on a per-trip basis, both fisheries could remain
open for the remainder of the year.
(vi) Effects of catch rates in one part of a region or sub-region
precluding vessels in another part of that region or sub-region from
having a reasonable opportunity to harvest a portion of the relevant
quota.
Based on dealer reports, and given NMFS' notice to the regulated
community (80 FR 74999) that a goal of this year's fishery was to
ensure fishing opportunities throughout the fishing season, we have
concluded that the hammerhead shark quota is being harvested too
quickly to meet conservation and management goals for the fishery. If
the harvest of these species is not slowed down, we estimate that the
fishery would close in mid-May. Closing the fishery so early would
prevent fishermen from other parts of the Atlantic region from having
the same opportunities to harvest the hammerhead shark quota later in
the year.
On December 1, 2015 (80 FR 74999), we announced that the aggregated
LCS and hammerhead shark fisheries management groups for the Atlantic
region would open on January 1 with a quota of 168.9 metric tons (mt)
dressed weight (dw) (372,552 lb dw) and 27.1 mt dw (59,736 lb dw),
respectively. In that final rule, NMFS also announced that if it
appeared that the quota is being harvested too quickly, precluding
fishing opportunities throughout the entire region (e.g., if
approximately 20 percent of the quota is caught at the beginning of the
year), we would reduce the commercial retention limit to 3 LCS other
than sandbar sharks. Dealer reports through March 18, 2016, indicate
that 6.6 mt dw or 24 percent of the available quota for the hammerhead
shark fishery has been harvested. If the average catch rate indicated
by these reports continues, the landings could reach 80 percent of the
quota by mid-May. Once the landings reach 80 percent of the quota,
consistent with Sec. 635.28(b)(3) (``linked quotas''), NMFS would
close any species and/or management group of a linked group.
Accordingly, as of 11:30 p.m. local time April 4, 2016, NMFS is
reducing the retention limit for the commercial aggregated LCS and
hammerhead shark management groups in the Atlantic region for directed
shark limited access permit holders from 36 LCS other than sandbar
sharks per vessel per trip to 3 LCS other than sandbar sharks per
vessel per trip. If 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
[[Page 18543]]
and ``no sale'' provisions apply (Sec. 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, then they are exempted from the
retention limit adjustment.
All other retention limits and shark fisheries in the Atlantic
region remain unchanged. This retention limit will remain at 3 LCS
other than sandbar sharks per vessel per trip for the rest of the 2016
fishing season, or until NMFS announces via a notice in the Federal
Register another adjustment to the retention limit or a fishery
closure, is warranted.
The boundary between the Gulf of Mexico region and the Atlantic
region is defined at Sec. 635.27(b)(1) 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 north and east of that boundary is
considered, for the purposes of quota monitoring and setting of quotas,
to be within the Atlantic region.
Classification
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for
Fisheries, NOAA (AA), finds there is good cause to waive prior notice
and an opportunity for public comment on this action, as notice and
comment would be impracticable and contrary to the public interest.
Providing prior notice and an opportunity for comment is impracticable
because the catch and landings that need to be reduced are ongoing and
must be reduced immediately to meet conservation and management
objectives for the fishery. Continued fishing at those levels during
the time that notice and comment takes place would result in the much
of the quota being landed and could result in a very early closure of
the fishery, contrary to the objectives of the existing conservation
and management measures in place for those species. These objectives
include ensuring that fishing opportunities are equitable and that
bycatch and discards are minimized. Allowing fishing to continue at the
existing rates even for a limited time is contrary to these objectives
and would thus be impracticable. It would also be contrary to the
public interest because, if the quota continues to be caught at the
current levels the quota will not last throughout the remainder of the
fishing season and a larger number of fishermen will essentially be
denied the opportunity to land sharks from the quota. Furthermore,
continued catch at the current rates, even for a limited period, could
result in eventual quota overharvests, since it is still so early in
the fishing year. The AA also finds good cause to waive the 30-day
delay in effective date pursuant to 5 U.S.C. 553(d)(3) for the same
reasons. This action is required under Sec. 635.28(b)(2) and is exempt
from review under Executive Order 12866. We have concluded that
reducing the retention limit of the Atlantic aggregated LCS and
hammerhead management groups for directed shark limited access permit
holders will slow the fishery catch rates to allow the fishery
throughout the Atlantic region to remain open for the rest of the year
Authority: 16 U.S.C. 1801 et seq.
Dated: March 28, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-07294 Filed 3-28-16; 4:15 pm]
BILLING CODE 3510-22-P