[Federal Register Volume 76, Number 216 (Tuesday, November 8, 2011)]
[Rules and Regulations]
[Pages 69139-69140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28921]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 0906221072-91425-02]
RIN 0648-XA781


Atlantic Highly Migratory Species; Inseason Action To Close the 
Commercial Non-Sandbar Large Coastal Shark Fishery in the 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 fishery for non-sandbar large 
coastal sharks (LCS) in the Atlantic region. This action is necessary 
under existing regulations because landings in this fishery have 
exceeded 80 percent of the available quota.

DATES: The commercial non-sandbar LCS fishery in the Atlantic region is 
closed effective 11:30 p.m. local time November 15, 2011, until the 
effective date of the final 2012 shark season specifications, which 
NMFS will publish as a separate document in the Federal Register.

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 and 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 every two weeks all sharks landed. 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

[[Page 69140]]

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, 2011 (75 FR 76302), NMFS announced that the non-
sandbar LCS fishery quota in the Atlantic region for the 2011 fishing 
year would be 190.4 metric tons (mt) dressed weight (dw) (419,756 lb 
dw). Dealer reports through November 1, 2011, indicate that 140.6 mt dw 
or 74 percent of the available quota for non-sandbar LCS Atlantic 
fishery has been landed. Assuming landings continue at the current 
rate, NMFS projects that 83 percent of the quota will be landed by 
November 15. Dealer reports received to date indicate that 22 percent 
of the quota was landed from the opening of the fishery on July 15, 
2011, through July 31, 2011; 20 percent of the quota was landed in 
August; 21 percent of the quota was landed in September; and 11 percent 
of the quota was landed in October. Because this exceeds the 80 percent 
threshold specified in the regulations, NMFS is closing the commercial 
non-sandbar LSC fishery in the Atlantic region as of 11:30 p.m. local 
time November 15, 2011. This closure does not affect any other shark 
fishery.
    As such, as of November 15, 2011, all commercial non-sandbar LCS 
fisheries in all regions and fisheries will be closed. All of the 
pelagic shark fisheries will remain open.
    During this closure a fishing vessel issued an Atlantic Shark 
limited access permit (LAP) 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 Limited Access Permit, 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 consistent with 50 CFR 
635.28(b)(4). 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 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 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 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 3, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-28921 Filed 11-7-11; 8:45 am]
BILLING CODE 3510-22-P