[Federal Register Volume 78, Number 164 (Friday, August 23, 2013)]
[Proposed Rules]
[Pages 52487-52495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20519]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 130402317-3707-01]
RIN 0648-XC611


Atlantic Highly Migratory Species; 2014 Atlantic Shark Commercial 
Fishing Season

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

ACTION: Proposed rule; request for comments.

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SUMMARY: This proposed rule would establish opening dates and adjust 
quotas for the 2014 fishing season for the Atlantic commercial shark 
fisheries. Quotas would be adjusted as allowable based on any over- 
and/or underharvests experienced during 2013 and previous fishing 
seasons. In addition, NMFS proposes season openings based on adaptive 
management measures to provide, to the extent practicable, fishing 
opportunities for commercial shark fishermen in all regions and areas. 
The proposed measures could affect fishing opportunities for commercial 
shark fishermen in the northwestern Atlantic Ocean, including the Gulf 
of Mexico and Caribbean Sea.

DATES: Written comments will be accepted until September 23, 2013.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2013-0112, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0112, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to 1315 East-West Highway, 
Silver Spring, MD 20910. Please mark the outside of the envelope 
``Comments on the Proposed Rule to Establish Quotas and Opening Dates 
for the 2014 Atlantic Shark Commercial Fishing Season.''
     Fax: 301-427-8503, Attn: Karyl Brewster-Geisz or 
Gu[yacute] DuBeck.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Gu[yacute] DuBeck or Karyl Brewster-
Geisz at 301-427-8503.

SUPPLEMENTARY INFORMATION: 

Background

    The Atlantic commercial shark fisheries are managed under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act). The 2006 Consolidated Highly Migratory 
Species (HMS) Fishery Management Plan (FMP) and its amendments are 
implemented by regulations at 50 CFR part 635. For the Atlantic 
commercial shark fisheries, the 2006 Consolidated HMS FMP and its 
amendments established, among other things, commercial quotas for 
species and management groups, accounting measures for under- and 
overharvests for the shark fisheries, and adaptive management measures 
such as flexible opening dates for the fishing season and inseason 
adjustments to shark trip limits, which provide management flexibility 
in furtherance of equitable fishing opportunities, to the extent 
practicable, for commercial shark fishermen in all regions and areas.

Accounting for Under- and Overharvests

    This proposed rule would adjust the quota levels for the different 
shark stocks and management groups for the 2014 Atlantic commercial 
shark fishing season based on over- and underharvests that occurred 
during 2013 and previous fishing seasons, consistent with existing 
regulations at 50 CFR 635.27(b)(2). Over- and underharvests are 
accounted for in the same region and/or fishery in which they occurred 
the following year or, for overharvests, spread over a number of 
subsequent fishing years to a maximum of 5 years. Shark stocks or 
management groups that contain one or more stocks that are overfished, 
have overfishing occurring, or that have an unknown status, will not 
have underharvest carried over in the following year. Stocks that are 
not overfished and have

[[Page 52488]]

no overfishing occurring may have any underharvest carried over in the 
following year, up to 50 percent of the base quota.
    For the sandbar shark, aggregated large coastal shark (LCS), 
hammerhead shark, blacknose shark, blue shark, and pelagic shark (other 
than porbeagle or blue sharks) management groups, the 2013 
underharvests cannot be carried over to the 2014 fishing season because 
those stocks or management groups have been determined to be 
overfished, overfished with overfishing occurring, or have an unknown 
status. The porbeagle shark management group was not opened in 2013 due 
to overharvests from both 2011 and 2012 (2.1 mt dw; 4,622 lb dw). Since 
these overharvests exceeded the 2013 porbeagle base quota, we still 
need to reduce the 2014 base quota to account for the remaining 
overharvest (0.4 mt dw; 824 lb dw). Thus, for all of these management 
groups, the 2014 proposed quotas would be equal to the appropriate base 
quota minus any overharvests that occurred in 2013 and previous fishing 
seasons, as applicable.
    For Gulf of Mexico blacktip shark and non-blacknose small coastal 
shark (SCS) management groups, which have been determined not to be 
overfished and have no overfishing occurring, available underharvest 
(up to 50 percent of the base quota) from the 2013 fishing season can 
be applied to the 2014 quota, and we propose to do so in 2014.

2014 Proposed Quotas

    This rule proposes adjustments to the base commercial quotas due to 
over- and underharvests that occurred in 2013 and previous fishing 
seasons, where allowable, taking into consideration the stock status as 
required under existing regulations.
    The quotas in this proposed rule are based on dealer reports 
received as of July 16, 2013. In the final rule, we will adjust the 
quotas based on dealer reports received as of November 15, 2013. Thus, 
all of the 2014 proposed quotas for the respective stocks and 
management groups will be subject to further adjustment after we 
consider the November 15 landings data. All dealer reports that are 
received after November 15, 2013, will be used to adjust the 2015 
quotas, as appropriate.
    We are proposing to spread the 2012 overharvest of the blacknose 
shark quota across 5-years in both the Atlantic and Gulf of Mexico 
regions. In the final rule establishing quotas for the 2013 shark 
season (77 FR 75896; December 26, 2012), we established the blacknose 
shark quota as the base quota without adjustment, as dealer reports 
received by November 15, 2012, did not indicate any overharvest. 
However, after that final rule published, we received late dealer 
reports with blacknose shark landings from both before and after 
November 15, 2012, that indicated the 2012 blacknose shark quota was 
exceeded by 18 percent or 3.5 mt dw. Since that final rule published, 
we have finalized and implemented Amendment 5a to the 2006 Consolidated 
HMS FMP, which, among other things, established Atlantic and Gulf of 
Mexico regional quotas for blacknose sharks. Because the 2012 
overharvest was the result of landings in both the Atlantic and Gulf of 
Mexico regions, to account for the overharvest amount, we are proposing 
to split the total overharvest between the regions based on the percent 
of landings of blacknose sharks reported in each region. Seventy-two 
percent of the 3.5 mt dw overharvest (2.5 mt dw) would therefore count 
against the Atlantic region quota and 28 percent or 1.0 mt dw would 
count against the Gulf of Mexico region quota.
    Current regulations allow us to spread out the overharvest 
accounting over as many as 5 years, depending on the status of the 
stock. We are proposing to spread out the overharvest accounting over 5 
years, the maximum allowable time period, and we are specifically 
requesting comments on whether we should adjust the quotas over 5 or 
fewer years (2, 3, or 4) or simply account for the entire overharvest 
in 2014. As described below, we are proposing to spread the overharvest 
over 5 years based on economic and ecological impacts. In the Atlantic 
region, accounting for the overharvest over 5 years would result in an 
overharvest reduction of 0.5 mt dw per year, each year through 2018. 
The 0.5 mt dw reduction represents only 3 percent of the Atlantic 
region blacknose quota and thus would have minor economic impacts on 
the fishermen and neutral ecological impacts on the stocks over 5 
years. If we reduced the 2014 quota by the full overharvest amount (2.5 
mt dw) in 1 year, this 14 percent reduction from the base quota could 
negatively impact fishermen because the reduced quota would be below 
regional landings from past fishing seasons and could result in closing 
the SCS fishery in the Atlantic region earlier than it would otherwise 
close because of the linkage to and reduced quota within the blacknose 
management group. If the entire SCS fishery in the Atlantic region is 
closed early, then our ability to collect data on all SCS, including 
blacknose sharks, and therefore conduct stock assessments, could be 
impeded for the time period that the fishery is closed. We do not 
believe that accounting for the overharvests over time (0.5 mt dw per 
year for 5 years) would affect the status of the Atlantic blacknose 
stock.
    In the Gulf of Mexico region, accounting for all of the overharvest 
in 1 year would substantially reduce the Gulf of Mexico regional 
blacknose quota and potentially close the regional non-blacknose SCS 
quota substantially earlier than it would otherwise close due to the 
quota linkage. Similar to the situation described above, if the entire 
SCS fishery in the Gulf of Mexico region is closed early, then our 
ability to collect data on all SCS, including blacknose sharks, and 
therefore conduct stock assessments, could be impeded for the time 
period that the fishery is closed. Because the Gulf of Mexico 
overharvest is relatively large compared to the Atlantic region, it is 
likely the closure would last longer and could be most of the year. 
However, spreading out the overharvest accounting across 5 years would 
result in 0.2 mt dw being taken from the Gulf of Mexico regional base 
quotas every year through 2018. We do not believe that accounting for 
the overharvest over time would impede rebuilding of the Gulf of Mexico 
blacknose stock since the ecological impacts would be neutral.
    For the porbeagle shark management group, we are proposing to 
reduce the 2014 annual quota to account for overharvests from 2011 and 
2012. While the management group was closed in 2013, we still need to 
account for part of the 2011 and 2012 overharvests. Nevertheless, based 
on landings to date, we do expect the porbeagle shark management group 
to open in 2014.
    The proposed 2014 quotas by species and management group are 
summarized in Table 1.

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[GRAPHIC] [TIFF OMITTED] TP23AU13.000


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[GRAPHIC] [TIFF OMITTED] TP23AU13.001


[[Page 52491]]


BILLING CODE 3510-22-P
1. Proposed 2014 Quotas for the Aggregated Large Coastal Sharks in the 
Gulf of Mexico Region
    The 2014 proposed quota for aggregated large coastal sharks in the 
Gulf of Mexico region is 157.5 mt dw (347,317 lb dw). As of July 16, 
2013, preliminary reported landings for aggregated large coastal sharks 
in the Gulf of Mexico region were at 94 percent (147.6 mt dw) of their 
2013 quota levels. Reported landings have not exceeded the 2013 quota 
to date. Given the unknown status of some of the shark species within 
the Gulf of Mexico aggregated large coastal shark management group, 
underharvests cannot be carried over to 2014 pursuant to Sec.  
635.27(b)(2). Therefore, based on preliminary estimates and consistent 
with the current regulations at Sec.  635.27(b), we are not proposing 
to adjust 2014 quotas for aggregated large coastal sharks in the Gulf 
of Mexico region, because there have not been any overharvests and 
because underharvests cannot be carried over due to stock status.
2. Proposed 2014 Quotas for the Aggregated Large Coastal Sharks in the 
Atlantic Region
    The 2014 proposed quota for aggregated large coastal sharks in the 
Atlantic region is 168.9 mt dw (372,552 lb dw). As of July 16, 2013, 
preliminary reported landings for aggregated large coastal sharks in 
the Atlantic region were at 52 percent (88.1 mt dw) of their 2013 quota 
levels. Reported landings have not exceeded the 2013 quota to date. 
Given the unknown status of some of the shark species within the 
Atlantic aggregated large coastal shark management group, any 
underharvests cannot be accounted for pursuant to Sec.  635.27(b)(2). 
Therefore, based on preliminary estimates and consistent with the 
current regulations at Sec.  635.27(b), we are not proposing to adjust 
2014 quotas for aggregated large coastal sharks in the Atlantic region, 
because there have not been any overharvests and because underharvests 
cannot be carried over due to stock status.
3. Proposed 2014 Quotas for the Blacktip Sharks in the Gulf of Mexico 
Region
    The 2014 proposed quota for blacktip sharks in the Gulf of Mexico 
region is 281.9 mt dw (621,416 lb dw). As of July 16, 2013, preliminary 
reported landings for blacktip sharks in the Gulf of Mexico region were 
at 90 percent (231.3 mt dw) of their 2013 quota levels. Reported 
landings have not exceeded the 2013 quota to date. Gulf of Mexico 
blacktip sharks have not been declared to be overfished, to have 
overfishing occurring, or to have an unknown status. Pursuant to Sec.  
635.27(b)(2), any underharvests for blacktip sharks within the Gulf of 
Mexico region therefore could be applied to the 2014 quotas as 
allowable. During the 2013 fishing season to date, the Gulf of Mexico 
blacktip shark quota has been underharvested by 25.3 mt dw (55,716 lb 
dw). Accordingly, we propose to increase the 2014 Gulf of Mexico 
blacktip shark quota to adjust for anticipated underharvests in 2013 as 
allowed. The proposed 2014 adjusted base annual quota for Gulf of 
Mexico blacktip sharks is 281.9 mt dw (621,416 lb dw) (256.6 mt dw 
annual base quota + 25.3 mt dw 2013 underharvest = 281.9 mt dw 2014 
adjusted annual quota).
4. Proposed 2014 Quotas for Hammerhead Sharks in the Gulf of Mexico and 
Atlantic Region
    The 2014 proposed commercial quotas for hammerhead sharks in the 
Gulf of Mexico and Atlantic regions are 25.3 mt dw (55,722 lb dw) and 
27.1 mt dw (59,736 lb dw), respectively. As of July 16, 2013, 
preliminary reported landings for hammerhead sharks were at 40 percent 
(10.1 mt dw) of their 2013 quota levels in the Gulf of Mexico region, 
and were at 31 percent (8.4 mt dw) of their 2013 quota levels in the 
Atlantic region. Reported landings have not exceeded the 2013 quota to 
date. Given the overfished status of hammerhead sharks, any 
underharvests cannot be accounted for pursuant to Sec.  635.27(b)(2). 
Therefore, based on preliminary estimates and consistent with the 
current regulations at Sec.  635.27(b), we are not proposing to adjust 
2014 quotas for hammerhead sharks in the Gulf of Mexico and Atlantic 
regions, because there have not been any overharvests and because 
underharvests cannot be carried over due to stock status.
5. Proposed 2014 Quotas for Research Large Coastal Sharks and Sandbar 
Sharks Within the Shark Research Fishery
    The 2014 proposed commercial quotas within the shark research 
fishery are 50.0 mt dw (110,230 lb dw) for research large coastal 
sharks and 116.6 mt dw (257,056 lb dw) for sandbar sharks. Within the 
shark research fishery, as of July 16, 2013, preliminary reported 
landings of research large coastal sharks were at 21 percent (10.7 mt 
dw) of their 2013 quota levels, and sandbar shark reported landings 
were at 23 percent (27.2 mt dw) of their 2013 quota levels. Reported 
landings have not exceeded the 2013 quota to date. Under Sec.  
635.27(b)(2), because sandbar sharks and scalloped hammerhead sharks 
within the research large coastal shark management group have been 
determined to be either overfished or overfished with overfishing 
occurring, underharvests for these management groups would not be 
applied to the 2014 quotas. Therefore, based on preliminary estimates 
and consistent with the current regulations at Sec.  635.27(b), we are 
not proposing to adjust 2014 quotas in the shark research fishery 
because there have not been any overharvests and because underharvests 
cannot be carried over due to stock status.
6. Proposed 2013 Quotas for the Non-Blacknose Small Coastal Sharks in 
the Gulf of Mexico and Atlantic Regions
    The 2014 proposed annual commercial quotas for non-blacknose small 
coastal sharks in the Gulf of Mexico and Atlantic regions are 68.3 mt 
dw (150,476 lb dw) and 264.1 mt dw (582,333 lb dw), respectively. As of 
July 16, 2013, preliminary reported landings of non-blacknose small 
coastal sharks were at 54 percent (36.8 mt dw) of their 2013 quota 
levels in the Gulf of Mexico region, and were at 20 percent (53.5 mt 
dw) of their 2013 quota levels in the Atlantic region. Non-blacknose 
small coastal sharks have not been declared to be overfished, to have 
overfishing occurring, or to have an unknown status. Pursuant to Sec.  
635.27(b)(2), any underharvests for the non-blacknose small coastal 
sharks therefore could be applied to the 2014 quotas. During the 2013 
fishing season to date, the non-blacknose small coastal shark quota has 
been underharvested by 46.6 mt dw (102,666 lb dw) in the Gulf of Mexico 
region and 221.5 mt dw (488,103 lb dw) in the Atlantic region. 
Consistent with current regulations at Sec.  635.27(b)(2), we may 
increase the 2014 base annual quota by an equivalent amount of the 
underharvest up to 50 percent above the base annual quota. Accordingly, 
we propose to increase the 2014 non-blacknose small coastal shark quota 
to adjust for anticipated underharvests in 2013 as allowed. The 
proposed 2014 adjusted base annual quota for non-blacknose small 
coastal sharks in the Gulf of Mexico region is 68.3 mt dw (150,476 lb 
dw) (45.5 mt dw annual base quota + 22.8 mt dw 2013 underharvest = 68.3 
mt dw 2014 adjusted annual quota). The proposed 2014 adjusted base 
annual quota for non-blacknose small coastal sharks in the Atlantic 
region is 264.1 mt dw (582,333 lb dw) (176.1 mt dw annual base quota + 
88.0

[[Page 52492]]

mt dw 2013 underharvest = 264.1 mt dw 2014 adjusted annual quota).
7. Proposed 2014 Quotas for Blacknose Sharks in the Gulf of Mexico and 
Atlantic Region
    The 2014 proposed annual commercial quotas for blacknose sharks in 
the Gulf of Mexico and Atlantic regions are 1.8 mt dw (4,076 lb dw) and 
17.5 mt dw (38,638 lb dw), respectively. As of July 16, 2013, 
preliminary reported landings of blacknose sharks were at 31 percent 
(0.6 mt dw) of their 2013 quota levels in the Gulf of Mexico region, 
and were at 60 percent (10.8 mt dw) of their 2013 quota levels in the 
Atlantic region. The 2013 commercial quotas have not been reached or 
exceeded. Blacknose sharks have been declared to have an unknown status 
in the Gulf of Mexico region and declared to be overfished with 
overfishing occurring in the Atlantic region. Pursuant to Sec.  
635.27(b)(2), any overharvests of blacknose sharks would be applied to 
the regional quotas over a maximum of 5 years. As described above, the 
2012 blacknose quota was overharvested so we are proposing to adjust 
the regional quotas over 5 years to mitigate the impacts of adjusting 
for the overharvest in 1 year. Therefore, consistent with Sec.  
635.27(b), the 2014 proposed adjusted base quota for blacknose sharks 
in the Gulf of Mexico region is 1.8 mt dw (4,076 lb dw) (2.0 mt dw 
annual base quota - 0.2 mt dw 2012 adjusted 5-year overharvest = 1.8 mt 
dw 2014 adjusted annual quota). In the Atlantic region, the 2014 
proposed adjusted base quota for blacknose sharks is 17.5 mt dw (38,638 
lb dw) (18.0 mt dw annual base quota - 0.5 mt dw 2012 adjusted 5-year 
overharvest = 17.5 mt dw 2014 adjusted annual quota).
8. Proposed 2014 Quotas for Pelagic Sharks
    The 2014 proposed annual commercial quotas for blue sharks, 
porbeagle sharks, and pelagic sharks (other than porbeagle or blue 
sharks) are 273 mt dw (601,856 lb dw), 1.3 mt dw (2,874 lb dw), and 488 
mt dw (1,075,856 lb dw), respectively.
    As of July 16, 2013, preliminary reported landings of blue sharks 
and pelagic sharks (other than porbeagle and blue sharks) were at 2 
percent (4.5 mt dw) and 11 percent (55.5 mt dw) of their 2013 quota 
levels, respectively. These pelagic species are overfished, have 
overfishing occurring, or have an unknown status. Therefore, the 2014 
proposed quotas would be the base annual quotas (without adjustment) 
for blue sharks and pelagic sharks (other than blue and porbeagle 
sharks), or 273 mt dw (601,856 lb dw) and 488 mt dw (1,075,856 lb dw), 
respectively.
    As of July 16, 2013, preliminary reported landings of porbeagle 
sharks was 0 percent (0 mt dw) of its 2013 quota levels, respectively. 
Porbeagle sharks have been declared to be overfished with overfishing 
occurring. Pursuant to Sec.  635.27(b), any overharvests of porbeagle 
sharks would be applied to the 2014 quotas. As described above, the 
overharvests from 2011 and 2012 exceeded the 2013 base annual quota by 
0.4 mt dw (874 lb dw). Consistent with Sec.  635.27(b), we are 
proposing to adjust the 2014 quota to account for the remaining amount 
of overharvest. Thus, the proposed 2014 adjusted annual commercial 
porbeagle quota is 1.3 mt dw (2,874 lb dw) (1.7 mt dw annual base quota 
- 0.4 mt dw 2011/2012 overharvest = 1.7 mt dw 2014 adjusted annual 
quota).

Proposed Fishing Season Notification for the 2013 Atlantic Commercial 
Shark Fishing Season

    For each fishery, we considered the seven ``Opening Fishing Season 
Criteria'' listed at Sec.  635.27(b)(3). These include:

    (i) The available annual quotas for the current fishing season 
for the different species/management groups based on any over- and/
or underharvests experienced during the previous commercial shark 
fishing seasons; (ii) Estimated season length based on available 
quota(s) and average weekly catch rates of different species and/or 
management group from the previous years; (iii) Length of the season 
for the different species and/or management group in the previous 
years and whether fishermen were able to participate in the fishery 
in those years; (iv) Variations in seasonal distribution, abundance, 
or migratory patterns of the different species/management groups 
based on scientific and fishery information; (v) Effects of catch 
rates in one part of a region precluding vessels in another part of 
that region from having a reasonable opportunity to harvest a 
portion of the different species and/or management quotas; (vi) 
Effects of the adjustment on accomplishing the objectives of the 
2006 Consolidated HMS FMP and its amendments; and/or, (vii) Effects 
of a delayed opening with regard to fishing opportunities in other 
fisheries.

    Specifically, we examined the 2013 and previous fishing years' 
over- and/or underharvests of the different management groups to 
determine the effects of the 2014 proposed quotas on fishermen across 
regional fishing area. We also examined the potential season length and 
previous catch rates to ensure that equitable fishing opportunities 
would be provided to fishermen. Lastly, we examined the seasonal 
variation of the different species/management groups and the effects on 
fishing opportunities.
    We propose that the 2014 Atlantic commercial shark fishing season 
for all shark management groups in the northwestern Atlantic Ocean, 
including the Gulf of Mexico and the Caribbean Sea, open on or about 
January 1, 2014, with the publication of the final rule for this 
action.
    In the Gulf of Mexico region, opening the fishing season again on 
or about January 1 for aggregated large coastal sharks, blacktip 
sharks, and hammerhead sharks would provide, to the extent practicable, 
equitable opportunities across the fisheries management region as it 
did for the 2013 fishing season. This opening date is consistent with 
all the criteria listed in Sec.  635.27(b)(3), but particularly with 
the criterion that we consider the length of the season for the 
different species and/or management group in the previous years and 
whether fishermen were able to participate in the fishery in those 
years.
    In the Atlantic region, we propose opening the aggregated LCS and 
hammerhead shark management groups on or about January 1, 2014. In 
2013, we opened the fishery at the beginning of the year to allow for 
more equitably distributed shark fishing opportunities, as intended by 
Amendment 2 to the 2006 Consolidated HMS FMP. Since the HMS Electronic 
Dealer Reporting System was implemented on January 1, 2013, we have 
been able to manage the quotas on a weekly basis to ensure equitable 
fishing opportunities. In addition, we may use the inseason trip limit 
adjustment criteria to allow more equitable fishing opportunities 
across the fishery. These equitable fishing opportunities across the 
fishery are different between the Gulf of Mexico and Atlantic regions. 
Because of the migratory patterns of the sharks, all Gulf of Mexico 
shark fishermen have access to the resource on January 1, whereas 
Atlantic shark fishermen do not, so weekly tracking can support 
inseason adjustments. The proposed opening date of January 1 would 
allow fishermen to harvest some of the 2014 quota at the beginning of 
the year, when sharks are more prevalent in the South Atlantic area. If 
it appears that the quota will be taken too quickly to allow fishermen 
throughout the entire region an opportunity to fish, we could reduce 
the commercial retention limits to ensure that catch rates in one part 
of a region not preclude vessels in another part of that region from 
having a reasonable opportunity to harvest a portion of the relevant 
quota (Sec.  635.24(a)(8)(vi)).

[[Page 52493]]

    If landings rates indicate that quota may be taken too quickly to 
allow fishermen throughout the region an opportunity to fish, we would 
file for publication with the Office of the Federal Register 
notification of any inseason adjustments to reduce retention limits to 
between 0-36 sharks per trip. We could later increase the commercial 
retention limits per trip, such as on or about July 15, 2014, to 
provide fishermen in the North Atlantic area an opportunity to retain 
aggregated large coastal sharks and hammerhead sharks when they are 
prevalent in that area, if warranted considering all relevant factors.
    All of the shark management groups would remain open until December 
31, 2014, or until we determine that the fishing season landings for 
any shark management group has reached, or is projected to reach, 80 
percent of the available quota. In the final rule for Amendment 5a to 
the 2006 Consolidated HMS FMP (78 FR 40318, July 3, 2013), we 
established non-linked and linked quotas and explained that the linked 
quotas are explicitly designed to concurrently close multiple shark 
management groups that are caught together to prevent incidental catch 
mortality from exceeding the total allowable catch. At that time, 
consistent with Sec.  635.28(b)(1) for non-linked quotas (e.g., Gulf of 
Mexico blacktip or pelagic sharks), we will file for publication with 
the Office of the Federal Register a notice of closure for that shark 
species, shark management group, and/or region that will be effective 
no fewer than 5 days from date of filing. From the effective date and 
time of the closure until we announce, via the publication of a notice 
in the Federal Register, that additional quota is available and the 
season is reopened, the fisheries for the shark species or management 
group are closed, even across fishing years.
    For linked quotas consistent with Sec.  635.28(b)(2), we will file 
for publication with the Office of the Federal Register a notice of 
closure for all of the species and/or management groups in a linked 
group that will be effective no fewer than 5 days from date of filing. 
From the effective date and time of the closure until we announce, via 
the publication of a notice in the Federal Register, that additional 
quota is available and the season is reopened, the fishery for all 
linked species and/or management groups is closed, even across fishing 
years. The linked quotas of the species and/or management groups are 
Atlantic hammerhead sharks and Atlantic aggregated LCS; Gulf of Mexico 
hammerhead sharks and Gulf of Mexico aggregated LCS; Atlantic blacknose 
and Atlantic non-blacknose SCS; and Gulf of Mexico blacknose and Gulf 
of Mexico non-blacknose SCS. We may close the Gulf of Mexico blacktip 
shark management group before landings reach, or are expected to reach, 
80 percent of the quota. Before taking any inseason action, we would 
consider the criteria listed at Sec.  635.28(b)(4).
    In 2012 and 2013, NMFS determined that the proposed rule to 
implement Amendment 5 to the 2006 Consolidated HMS FMP (77 FR 70552; 
November 26, 2012) and final rule to implement Amendment 5a to the 2006 
Consolidated HMS FMP (78 FR 40318; July 3, 2013) are consistent to the 
maximum extent practicable with the enforceable policies of the 
approved coastal management program of coastal states on the Atlantic 
including the Gulf of Mexico and the Caribbean Sea. Pursuant to 15 CFR 
930.41(a), NMFS provided the Coastal Zone Management Program of each 
coastal state a 60-day period to review the consistency determination 
and to advise the Agency of their concurrence. NMFS received 
concurrence with the consistency determinations from several states and 
inferred consistency from those states that did not respond within the 
60-day time period. This proposed action to establish opening dates and 
adjust quotas for the 2014 fishing season for the Atlantic commercial 
shark fisheries does not change the framework previously consulted 
upon; therefore, no additional consultation is required.

Request for Comments

    Comments on this proposed rule may be submitted via http://www.regulations.gov, mail, or fax. We solicit comments on this proposed 
rule by September 23, 2013 (see DATES and ADDRESSES). In addition to 
comments on the entire rule, we are specifically requesting comments on 
the proposed 5-year adjustment for the blacknose shark quota to account 
for the overharvest of blacknose sharks in 2012. We are proposing to 
spread the overharvested amount over a 5-year period (2014 to 2018). 
This scenario would allow the blacknose shark and non-blacknose SCS 
fisheries, which are linked fisheries, to operate over those 5 years 
with minimal impacts. Since the overharvested quota would be spread 
over 5 years, the Gulf of Mexico blacknose shark quota would be reduced 
by 0.2 mt dw (437 lb dw) per year and the adjusted quota would be 1.8 
mt dw (4,076). If additional overharvest occurs, the adjusted blacknose 
shark quota could be further reduced to account for this potential 
overharvest. In the Atlantic region, the blacknose shark quota would be 
reduced by 0.5 mt dw (1,111 lb dw) per year and the adjusted quota 
would be 17.5 mt dw (38,638 lb dw). Similar to the adjusted Gulf of 
Mexico blacknose shark quota, this adjusted quota might be adjusted 
further in future years to address any additional overharvests. Another 
possible scenario for the overharvested amount would be to take the 
full 2012 overharvested amount from the 2014 regional blacknose shark 
quotas. If we took the full overharvest amount from the 2014 quotas, 
the Gulf of Mexico blacknose shark quota would be reduced by 1.0 mt dw 
(2,185 lb dw) and the adjusted quota would be 1.0 mt dw (2,328 lb dw). 
In the Atlantic region, the blacknose shark quota would be reduced by 
2.5 mt dw (5,557 lb dw) and the adjusted quota would be 15.5 mt dw 
(34,192 lb dw). In 2014, this second scenario could result in an early 
fishery closure in the Gulf of Mexico region if the reduced blacknose 
shark quota reached or was projected to reach 80 percent sooner than it 
has in the past, which could result in adverse impacts for blacknose 
and non-blacknose fishermen and dealers. While the potential for 
closure in the Atlantic region would be less, reducing the quota by 2.5 
mt dw could close the fishery sooner than usual resulting in similar 
adverse impacts for Atlantic blacknose and non-blacknose fishermen and 
dealers. This second scenario would not have any impacts beyond 2014.

Public Hearings

    Public hearings on this proposed rule are not currently scheduled. 
If you would like to request a public hearing, please contact 
Gu[yacute] DuBeck or Karyl Brewster-Geisz by phone at 301-427-8503.

Classification

    The NMFS Assistant Administrator has determined that the proposed 
rule is consistent with the 2006 Consolidated HMS FMP and its 
amendments, other provisions of the MSA, and other applicable law, 
subject to further consideration after public comment.
    These proposed specifications are exempt from review under 
Executive Order 12866.
    An initial regulatory flexibility analysis (IRFA) was prepared, as 
required by section 603 of the Regulatory Flexibility Act (RFA). The 
IRFA describes the economic impact this proposed rule, if adopted, 
would have on small entities. A description of the action, why it is 
being considered, and the legal basis for this action are contained at 
the beginning of this section in the preamble and in the

[[Page 52494]]

SUMMARY section of the preamble. The IRFA analysis follows.
    In compliance with section 603(b)(1) of the RFA, we are required to 
explain the purpose of the rule. This rule, consistent with the 
Magnuson-Stevens Act and the 2006 Consolidated HMS FMP and its 
amendments, is being proposed to establish the 2014 commercial shark 
fishing quotas and fishing seasons. Without this rule, the commercial 
shark fisheries would close on December 31, 2013, and would not open 
until another action was taken. This action would be implemented 
according to the regulations implementing the 2006 Consolidated HMS FMP 
and its amendments. Thus, we expect few, if any, economic impacts to 
fishermen other than those already analyzed in the 2006 Consolidated 
HMS FMP and its amendments, based on the quota adjustments.
    Under section 603(b)(2) of the RFA, we must explain the rule's 
objectives, which are to: Adjust the baseline quotas for all Atlantic 
shark management groups based on any over- and/or underharvests from 
the previous fishing years and to establish the opening dates of the 
various management groups in order to provide, to the extent 
practicable, equitable opportunities across the fishing management 
region while also considering the ecological needs of the species.
    Section 603(b)(3) of the RFA requires Federal agencies to provide 
an estimate of the number of small entities to which the rule would 
apply. The Small Business Administration (SBA) has established size 
criteria for all major industry sectors in the United States, including 
fish harvesters. Previously, a business involved in fish harvesting was 
classified as a small business if it is independently owned and 
operated, is not dominant in its field of operation (including its 
affiliates), and has combined annual receipts not in excess of $4.0 
million (NAICS code 114111, finfish fishing) for all its affiliated 
operations worldwide. In addition, SBA has defined a small charter/
party boat entity (NAICS code 713990, recreational industries) as one 
with average annual receipts of less than $7.0 million. On June 20, 
2013, SBA issued a final rule revising the small business size 
standards for several industries effective July 22, 2013 (78 Fed.Reg. 
37398; June 20, 2013). The rule increased the size standard for Finfish 
Fishing from $4.0 to 19.0 million, Shellfish Fishing from $4.0 to 5.0 
million, and Other Marine Fishing from $4.0 to 7.0 million. NMFS has 
reviewed the analyses prepared for this action in light of the new size 
standards. Under the former, lower size standards, all entities subject 
to this action were considered small entities, thus they all would 
continue to be considered small under the new standards. NMFS does not 
believe that the new size standards affect analyses prepared for this 
action and solicits public comment on the analyses in light of the new 
size standards.
    We consider all HMS permit holders to be small entities because 
they either had average annual receipts of less than $4.0 million for 
fish-harvesting, average annual receipts of less than $7.0 million for 
Charter/headboat, 100 or fewer employees for wholesale dealers, or 500 
or fewer employees for seafood processors. The commercial shark 
fisheries are comprised of fishermen who hold shark directed or 
incidental limited access permits and the related industries, including 
processors, bait houses, and equipment suppliers, all of which we 
consider to be small entities according to the size standards set by 
the SBA. The proposed rule would apply to the approximately 216 
directed commercial shark permit holders (130 in the Atlantic and 86 in 
the Gulf of Mexico regions), 261 incidental commercial shark permit 
holders (156 in the Atlantic and 105 in the Gulf of Mexico regions), 
and 97 commercial shark dealers (66 in the Atlantic and 31 in the Gulf 
of Mexico regions) as of July 2013.
    This proposed rule does not contain any new reporting, 
recordkeeping, or other compliance requirements (5 U.S.C. 603(b)(4)). 
Similarly, this proposed rule would not conflict, duplicate, or overlap 
with other relevant Federal rules (5 U.S.C. 603(b)(5)). Fishermen, 
dealers, and managers in these fisheries must comply with a number of 
international agreements as domestically implemented, domestic laws, 
and FMPs. These include, but are not limited to, the Magnuson-Stevens 
Act, the Atlantic Tunas Convention Act, the High Seas Fishing 
Compliance Act, the Marine Mammal Protection Act, the Endangered 
Species Act (ESA), the National Environmental Policy Act, the Paperwork 
Reduction Act, and the Coastal Zone Management Act.
    In compliance with section 603(c) of the RFA, each IRFA must also 
contain a description of any significant alternatives to the proposed 
rule which would accomplish the stated objectives of applicable 
statutes and minimize any significant economic impact of the proposed 
rule on small entities. Additionally, the RFA (5 U.S.C. 603(c)(1)-(4)) 
lists four general categories of significant alternatives that would 
assist an agency in the development of significant alternatives. These 
categories of alternatives are: (1) Establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) clarification, 
consolidation, or simplification of compliance and reporting 
requirements under the rule for such small entities; (3) use of 
performance rather than design standards; and, (4) exemptions from 
coverage of the rule for small entities. In order to meet the 
objectives of this proposed rule, consistent with the Magnuson-Stevens 
Act and the ESA, we cannot exempt small entities or change the 
reporting requirements only for small entities because all the entities 
affected are considered small entities; therefore, there are no 
alternatives discussed that fall under the first and fourth categories 
described above. We do not know of any performance or design standards 
that would satisfy the aforementioned objectives of this rulemaking 
while, concurrently, complying with the Magnuson-Stevens Act; 
therefore, there are no alternatives considered under the third 
category.
    This rulemaking does not establish management measures to be 
implemented, but rather implements previously adopted and analyzed 
measures with adjustments, as specified in the 2006 Consolidated HMS 
FMP and its amendments and the Environmental Assessment (EA) that 
accompanied the 2011 shark quota specifications rule (75 FR 76302; 
December 8, 2010). Thus, NMFS proposes to adjust quotas established and 
analyzed in the 2006 Consolidated HMS FMP and its amendments by 
subtracting the underharvest or adding the overharvest as allowable. 
Similarly, the proposed quotas and opening date are consistent with the 
requirements of the Magnuson-Stevens Act that were previously analyzed 
in the EA with the 2011 shark quota specifications rule. Thus, NMFS has 
limited flexibility to modify the quotas in this rule, the impacts of 
which were analyzed in previous regulatory flexibility analyses.
    Based on the 2013 ex-vessel price, fully harvesting the unadjusted 
2014 Atlantic shark commercial baseline quotas could result in total 
fleet revenues of $5,347,674 (see Table 2). Of the 216 vessels with 
directed shark permits, only 136 vessels landed sharks in 2012 and are 
considered active. Based on these 136 active permitted vessels, the 
total fleet revenues would result in an average of $39,321 per active 
vessel.
    For several species, we are proposing to adjust their baseline 
quotas upward due to the underharvests in 2013. For

[[Page 52495]]

example, the upward adjustment for the Gulf of Mexico blacktip shark 
management group could result in a $59,894 gain in total revenues for 
the fleet. We expect that those revenues would be equally split between 
the 50 active shark permit holders who landed blacktip sharks in the 
Gulf of Mexico. This could result in an additional $1,198 per vessel. 
The Gulf of Mexico and Atlantic non-blacknose small coastal shark 
management groups were also adjusted upward due to underharvests. For 
the fleet, these adjustments could result in a $63,953 and $216,240 
gain in revenues, respectively. On an individual vessel basis, the 11 
active vessels that landed these species in the Gulf of Mexico region 
could earn approximately $5,814 on average and the 36 active vessels 
that landed these species in the Atlantic region could earn 
approximately $6,007 on average.
    We are proposing to reduce the baseline for other species due to 
overharvests. For instance, we propose to reduce the blacknose shark 
management group for the next 5 years to account for overharvest in 
2012. This would cause a potential loss in revenue of $577 for the 
fleet in the Gulf of Mexico region, or $64 on average for the 9 active 
vessels, and $1,238 for the fleet in the Atlantic region, or $69 on 
average for the 18 active vessels. If we took the full overharvest 
amount from the 2014 quotas, the Gulf of Mexico blacknose shark 
adjusted quota would be 1.0 mt dw (2,328) and would cause a potential 
loss in revenue of $2,786 for the fleet, or $310 on average for the 9 
active vessels. In the Atlantic, the blacknose shark adjusted quota 
would be 15.5 mt dw (34,192 lb dw) and would cause a potential loss in 
revenue of $6,191 for the fleet, or $344 on average for the 18 active 
vessels. In addition, the porbeagle shark management group was 
overharvested in 2011 and 2012. Under the proposed quotas, the 
potential revenue loss from the porbeagle baseline quota would be 
$1,411 for the fleet, which could cause a loss of $157 in average for 
the 9 active vessels that landed porbeagle sharks in 2012.
    All of these changes in gross revenues are similar to the changes 
in gross revenues analyzed in the 2006 Consolidated HMS FMP and its 
amendments. The FRFAs for those amendments concluded that the economic 
impacts on these small entities--resulting from rules such as this one 
that adjust the trip limits inseason through proposed and final 
rulemaking--are expected to be minimal. In the 2006 Consolidated HMS 
FMP and its amendments and the EA for the 2011 shark quota 
specifications rule, we assumed that we would be conducting annual 
rulemakings and considering the potential the economic impacts of 
adjusting the quotas for under- and overharvests at that time.

  Table 2--Average ex-Vessel Prices per lb dw for Each Shark Management
                              Group, 2013 *
------------------------------------------------------------------------
       Year               Species               Region           Price
------------------------------------------------------------------------
2013.............  Aggregated LCS......  Gulf of Mexico......      $0.48
                                         Atlantic............       0.67
                   Blacktip Shark......  Gulf of Mexico......       0.48
                   Hammerhead Shark....  Gulf of Mexico......       0.32
                                         Atlantic............       0.60
                   LCS Research........  Both................       0.57
                   Sandbar Research....  Both................       0.57
                   Non-Blacknose SCS...  Gulf of Mexico......       0.68
                                         Atlantic............       0.77
                   Blacknose Shark.....  Gulf of Mexico......       0.68
                                         Atlantic............       0.77
                   Blue shark..........  Both................       0.27
                   Porbeagle shark.....  Both................  \**\ 1.15
                   Other Pelagic sharks  Both................       1.80
                   Shark Fins..........  Gulf of Mexico......      11.90
                                         Atlantic............       6.88
                                         Both................       9.39
------------------------------------------------------------------------
* The ex-vessel prices are based on 2013 dealer reports through July 16,
  2013.
** Since the porbeagle shark management group was closed for 2013, there
  was no 2013 price data. Thus, we used price data from 2012.

    For this rule, we also reviewed the criteria at Sec.  635.27(b)(3) 
to determine when opening each fishery would provide equitable 
opportunities for fishermen while also considering the ecological needs 
of the different species. The opening of the fishing season could vary 
depending upon the available annual quota, catch rates, and number of 
fishing participants during the year. For the 2014 fishing season, we 
are proposing to open the aggregated large coastal sharks, blacktip 
sharks, hammerhead sharks, sandbar sharks, non-blacknose small coastal 
sharks, blacknose sharks, blue sharks, porbeagle sharks, or pelagic 
sharks (other than porbeagle or blue sharks) management groups on the 
effective date of the final rule for this action (expected to be on or 
about January 1). The direct and indirect economic impacts would be 
neutral on a short- and long-term basis, because we are proposing not 
to change the opening dates of these fisheries from the status quo.

    Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.

    Dated: August 16, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.
[FR Doc. 2013-20519 Filed 8-22-13; 8:45 am]
BILLING CODE 3510-22-P