[Federal Register Volume 76, Number 136 (Friday, July 15, 2011)]
[Rules and Regulations]
[Pages 41723-41724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17898]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 100622276-0569-02]
RIN 0648-XA541


Atlantic Highly Migratory Species; Inseason Action To Close the 
Commercial Gulf of Mexico Non-Sandbar Large Coastal Shark Fishery

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

ACTION: Fishery closure.

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SUMMARY: NMFS is closing the commercial fishery for non-sandbar large 
coastal sharks (LCS) in the Gulf of Mexico region. This action is 
necessary because the quota for the 2011 fishing season is projected to 
have reached at least 80 percent of the available quota.

DATES: The commercial non-sandbar LCS fishery is closed effective 11:30 
p.m. local time July 17, 2011, 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 Guy DuBeck, 
301-427-8503; 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 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 specific shark quota have reached or are 
projected to reach 80 percent of the available quota, NMFS will file 
for publication with the Office of the Federal Register a notification 
of closure for that shark species group which will be effective no 
fewer than 5 days after 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 8, 2010 (75 FR 76302), NMFS announced that the non-
sandbar LCS fishery for the Gulf of Mexico region for the 2011 fishing 
year would open on March 1 with a quota of 351.9 metric tons (mt) 
dressed weight (dw) (775,740 lb dw). Dealer reports through June 29, 
2011, indicate that 278.3 mt dw or 79 percent of the available quota 
for non-sandbar LCS has been taken. Dealer reports received to date 
indicate that 52 percent of the quota was taken in March; 10 percent of 
the quota was landed in April; 10 percent of the quota was landed in 
May; and 7 percent from June 1 through June 29. Based on the rate of 
fishing effort indicated by these preliminary dealer reports, NMFS 
estimates that an additional 8 to 21 percent of the quota could be 
taken from June 29 through July 15, 2011, thus reaching or exceeding 
the 80-percent limit specified for a closure notice in the regulations. 
Accordingly, NMFS is closing the commercial non-sandbar LCS fishery in 
the Gulf of Mexico region as of 11:30 p.m. local time July 17, 2011. 
All other shark fisheries remain open.
    At Sec.  635.27(b)(1)(ii), 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 quota monitoring and 
setting of quotas, to be within the Gulf of Mexico region.
    During the closure, retention of non-sandbar LCS sharks in the Gulf 
of Mexico region is prohibited for persons fishing aboard vessels 
issued a commercial shark limited access permit under 50 CFR 635.4. 
Unless the vessel is properly permitted to operate as a

[[Page 41724]]

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 apply (50 CFR 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. A shark dealer issued a permit pursuant 
to Sec.  635.4 may not purchase or receive non-sandbar LCS in the Gulf 
of Mexico region from a vessel issued an Atlantic Shark Limited Access 
Permit (LAP), except that a permitted shark dealer or processor may 
possess non-sandbar LCS 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)(4). However, a 
permitted shark dealer or processor may possess non-sandbar LCS that 
were harvested by a vessel issued a valid shark research fishery permit 
per Sec.  635.32 with a NMFS-approved observer onboard during the trip 
the sharks were taken on as long as the non-sandbar shark research 
fishery remains open. Under this closure, a shark dealer issued a 
permit pursuant to Sec.  635.4 may, in accordance with state 
regulations, purchase or receive a non-sandbar LCS in the Gulf of 
Mexico 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 an Atlantic 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 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. 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 Sec.  635.28(b)(2) and is exempt from review under Executive 
Order 12866.

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

    Dated: July 12, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-17898 Filed 7-12-11; 4:15 pm]
BILLING CODE 3510-22-P