[Federal Register Volume 75, Number 197 (Wednesday, October 13, 2010)]
[Rules and Regulations]
[Pages 62690-62691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25736]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

RIN 0648-XZ43


Atlantic Highly Migratory Species; Inseason Action To Close the 
Commercial Non-sandbar Large Coastal Shark Research Fishery

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

ACTION: Notification of fishery closure.

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SUMMARY: NMFS is closing the commercial shark research fishery for non-
sandbar large coastal sharks (LCS). This action is necessary because 
landings for the 2010 fishing season have reached at least 80 percent 
of the available quota.

DATES: The commercial shark research fishery for non-sandbar LCS is 
closed effective 11:30 p.m. local time October 12, 2010 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: Karyl Brewster-Geisz or Peter Cooper, 
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

[[Page 62691]]

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 to 
NMFS all sharks landed every two weeks. Dealer reports for fish 
received between the 1st and 15th of any month must be received by NMFS 
by the 25th of that month. Dealer reports for fish received between the 
16th and the end of any month must be received by NMFS by the 10th of 
the following month. Under Sec.  635.28(b)(2), when NMFS projects that 
fishing season landings for a species group 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 species group is closed, even across fishing years.
    On January 5, 2010 (75 FR 250), NMFS announced that the shark 
research fishery for the 2010 fishing year was open and the available 
non-sandbar LCS research fishery quota was 37.5 metric tons (mt) 
dressed weight (dw) (82,673 lb dw). Dealer reports through the August 
31, 2010 reporting period indicate that 31.8 mt dw or 85 percent of the 
available shark research fishery quota for non-sandbar LCS has been 
landed. Dealer reports received to date indicate that 10.3 percent of 
the quota was landed from the opening of the fishery on January 5, 
2010, through January 31, 2010; 8.7 percent of the quota was landed in 
February; 3 percent of the quota was landed in March; 5 percent of the 
quota was landed in April; 13 percent of the quota was landed in May; 6 
percent of the quota was landed in June; 21.1 percent of the quota was 
landed in July; and 17.9 percent of the quota was landed in August. The 
fishery has reached 85 percent of the quota, which exceeds the 80 
percent limit specified in the regulations. Accordingly, NMFS is 
closing the commercial non-sandbar LSC research fishery as of 11:30 
p.m. local time October 12, 2010. This closure does not affect any 
other shark fishery.
    During the closure, persons engaged in a shark research fishery 
trip aboard vessels issued a shark research permit under 50 CFR 
635.32(f) with a NMFS-approved observer onboard, may not retain non-
sandbar LCS. Vessels issued a shark research permit that are engaged in 
a commercial shark fishing trip outside of the shark research fishery 
may retain non-sandbar LCS caught in the Atlantic region, as long as 
the Atlantic region remains open for commercial harvest of non-sandbar 
LCS by Atlantic shark limited access permit holders. A shark dealer 
issued a permit pursuant to Sec.  635.4 may not purchase or receive 
non-sandbar LCS from a vessel issued a shark research permit returning 
from a shark research fishery trip with a NMFS-approved observer on 
board. Permitted shark dealers or processors may possess non-sandbar 
LCS that were harvested during a shark research fishery trip, as long 
as the non-sandbar LCS were off-loaded, and sold, traded, or bartered, 
prior to the effective date of the closure and were held in storage.

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 overharvest of the quota and be inconsistent 
with management requirements and objectives. 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. 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: October 7, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-25736 Filed 10-7-10; 4:15 pm]
BILLING CODE 3510-22-P