[Federal Register Volume 76, Number 143 (Tuesday, July 26, 2011)]
[Rules and Regulations]
[Pages 44501-44502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18865]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 100622276-0569-02]
RIN 0648-XA580


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 2011 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 July 26, 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 Peter Cooper, 
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 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 December 8, 2010 (75 FR 76302), NMFS announced that the shark 
research fishery for the 2011 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 and observer reports 
received through the July 14, 2011, indicate that 31.3 mt dw or 83 
percent of the available shark research fishery quota for non-sandbar 
LCS has been landed. Dealer reports received to date indicate that 5 
percent of the quota was landed from the opening of the fishery on 
January 1, 2011, through January 31, 2011; 21 percent of the quota was 
landed in February; 15 percent of the quota was landed in March; 10 
percent of the quota was landed in April; 19 percent of the quota was 
landed in May; and 13 percent of the quota was landed in June. The 
fishery has reached 83 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 July 26, 2011. 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

[[Page 44502]]

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: July 21, 2011.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-18865 Filed 7-21-11; 4:15 pm]
BILLING CODE 3510-22-P