[Federal Register Volume 74, Number 122 (Friday, June 26, 2009)]
[Rules and Regulations]
[Pages 30479-30480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15198]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

RIN 0648-XP91


Atlantic Highly Migratory Species; Inseason Action to Close the 
Commercial Non-Sandbar Large Coastal Shark Fisheries in the Shark 
Research Fishery and Atlantic Region

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 fisheries for non-sandbar large 
coastal sharks (LCS) in both the shark research fishery and Atlantic 
region. This action is necessary because NMFS estimated that these 
fisheries have reached or exceeded 80 percent of the available quota.

DATES: The commercial non-sandbar LCS fisheries in both the shark 
research fishery and the Atlantic region are closed effective 11:30 
p.m. local time July 1, 2009, until the effective date of the final 
2010 shark season specifications in which NMFS will publish a separate 
document in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz or Gu[yacute] 
DuBeck, 301-713-2347; fax 301-713-1917.

SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed 
under the 2006 Consolidated Atlantic Highly Migratory Species (HMS) 
Fishery Management Plan (FMP), its amendments, 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 Sec.  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. In addition, shark landings within the shark research fishery 
are monitored via scientific observer reports. Under Sec.  
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 December 24, 2008 (73 FR 79005), NMFS announced that the non-
sandbar LCS quota for the shark research fishery for the 2009 fishing 
year would be 37.5 metric tons (mt) dressed weight (dw) (82,673 lb dw). 
Scientific observer reports through June 15, 2009, indicate that 34.9 
mt dw or 93 percent of the available quota for non-sandbar LCS Atlantic 
shark research fishery has been taken. This amount exceeds the 80 
percent limit specified in the regulations. Accordingly, NMFS is 
closing the commercial non-sandbar LCS fishery in the shark research 
fishery as of 11:30 p.m. local time July 1, 2009.
    On December 24, 2008, NMFS announced that the non-sandbar LCS quota 
in the Atlantic region would be 187.8 mt dw (414,024 lb dw). Dealer 
reports through May 31, 2009, indicate that 138.9 mt dw or 74 percent 
of the available quota for non-sandbar LCS has been taken. Dealer 
reports indicate that 19 percent of the quota was taken in April and 18 
percent taken in May. Based on dealer reports in April and May, NMFS 
estimates that approximately 19 percent of the quota could be taken in 
June. Based on this projection, the non-sandbar LCS Atlantic region 
fishery could reach 92 percent of the quota, which exceeds the

[[Page 30480]]

80 percent limit specified in the regulations. Accordingly, NMFS is 
closing the commercial non-sandbar LCS fishery in the Atlantic region 
as of 11:30 p.m. local time July 1, 2009.
    As such, as of July 1, 2009, all commercial non-sandbar LCS 
fisheries in all regions and fisheries will be closed. All other 
Atlantic shark fisheries remain open.
    During this closure, a fishing vessel, issued an Atlantic Shark LAP 
and a valid shark research permit with a NMFS-approved observer 
onboard, pursuant to Sec.  635.4, may not possess or sell a non-sandbar 
LCS. A shark dealer, issued a permit pursuant to Sec.  635.4, may not 
purchase or receive non-sandbar LCS from a vessel issued an Atlantic 
Shark LAP and a valid shark research permit with a NMFS-approved 
observer onboard, except that a permitted shark dealer or processor may 
possess sharks that were harvested, off-loaded, and sold, traded, or 
bartered, prior to the effective date of the closure and were held in 
storage. Additionally, a shark dealer issued a federal permit, pursuant 
to Sec.  635.4, may in accordance with state regulations, purchase or 
receive a non-sandbar LCS if the shark was harvested, off-loaded, and 
sold, traded, or bartered from a vessel that fishes only in state 
waters and had not been issued a Shark LAP, HMS Angling permit, or HMS 
CHB permit under Sec.  635.4.

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 fisheries are currently underway, and any delay in 
this action would cause overharvest of the quotas 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 quotas are exceeded, the affected 
public is likely to experience reductions in the available quotas 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 Sec.  635.28(b)(2) and is exempt from review under Executive 
Order 12866.

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

    Dated: June 23, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-15198 Filed 6-25-09; 8:45 am]
BILLING CODE 3510-22-S