[Federal Register Volume 73, Number 223 (Tuesday, November 18, 2008)]
[Rules and Regulations]
[Pages 68361-68362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27327]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

RIN 0648-XL77


Atlantic Highly Migratory Species; Inseason Action to Close the 
Commercial Porbeagle Shark Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Fishery closures.

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SUMMARY: NMFS is closing the commercial fishery for porbeagle sharks in 
the Atlantic Ocean and Gulf of Mexico. This action is necessary because 
the porbeagle shark quotas for the 2008 fishing season have reached or 
are projected to have reached at least 80 percent of the available 
quota.

DATES: The commercial porbeagle shark fishery is closed effective 11:30 
p.m. local time November 18, 2008 until NMFS announces via a notice in 
the Federal Register that additional quota is available.

FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz, 301-713-2347; 
fax 301-713-1917.

SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed 
under the Consolidated Atlantic Highly Migratory Species (HMS) Fishery 
Management Plan (FMP) and its implementing regulations found at 50 CFR 
part 635 issued under authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.).
    Under 635.5(b)(1), shark dealers are required to report every two 
weeks. Dealer reports for fish received between the 1\st\ and 15\th\ of 
any month must be received by NMFS by the 25\th\ of that month. Dealer 
reports for fish received between the 16\th\ and the end of any month 
must be received by NMFS by the 10\th\ of the following month. Under

[[Page 68362]]

50 CFR 635.28(b)(2), when NMFS projects that fishing season landings 
for a specific shark quota have reached or are about 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 that shark 
species group that will be effective no fewer than 5 days from the date 
of filing. From the effective date and time of the closure until NMFS 
announces, via a notice in the Federal Register, that additional quota 
is available and the season is reopened, the fishery for that specific 
quota is closed, even across fishing years.
    On June 24, 2008 (73 FR 35778; corrected July 15, 2008, 73 FR 
46058), NMFS announced that the porbeagle quota for the 2008 fishing 
year would be 1.7 metric tons (mt) dressed weight (dw) (3,748 lbs dw). 
In the September 23, 2008, landings update, sharks reported as unknowns 
were apportioned to species or species groups using observer data by 
number rather than weight. This method was originally used because it 
follows the procedures used in the stock assessment. However, while the 
stock assessment is done in number of sharks, quota monitoring is done 
by weight. As such, for this and all future updates, sharks reported as 
unknowns will be apportioned to species or species groups by weight. 
Thus, landings for some groups may differ from previous landings 
updates. Additionally, NMFS worked with the State of North Carolina to 
try to determine the amount of double reporting between state and 
federal landings. While doing this, NMFS discovered that many of North 
Carolina's landings of spiny dogfish were incorrectly reported as 
unknown or sandbar sharks. The latest update corrects this reporting 
error. Dealer reports through the October 15, 2008, reporting period 
indicated that 2.0 mt dw or 116.0 percent of the available quota for 
porbeagle sharks has been taken. Accordingly, NMFS is closing the 
commercial porbeagle shark fishery as of 11:30 p.m. local time November 
18, 2008.
    During the closure, retention of porbeagle sharks is prohibited for 
persons fishing aboard vessels issued a commercial shark limited access 
permit under 50 CFR 635.4, unless the vessel is 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 and no sale 
provisions may apply (50 CFR 635.22(a) and (c)). The sale, purchase, 
trade, or barter or attempted sale, purchase, trade, or barter of 
carcasses and/or fins of porbeagle sharks harvested by a person aboard 
a vessel that has been issued a commercial shark limited access permit 
under 50 CFR 635.4, is prohibited, except for those that were 
harvested, offloaded, and sold, traded, or bartered prior to the 
closure, and were held in storage by a dealer or processor.

Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for 
Fisheries, NOAA (AA), finds that providing for 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 cause further 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 affected public is likely to experience reductions in the 
available quota and a lack of fishing opportunities in future seasons. 
Thus, 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 50 CFR 635.28(b)(2) and is exempt from review 
under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: November 12, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-27327 Filed 11-13-08; 4:45 pm]
BILLING CODE 3510-22-S