[Federal Register Volume 78, Number 170 (Tuesday, September 3, 2013)]
[Rules and Regulations]
[Pages 54195-54196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21387]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 110831548-3536-02]
RIN 0648-XC836


Atlantic Highly Migratory Species; Atlantic Commercial Shark 
Fisheries

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

ACTION: Temporary rule; inseason quota transfer.

-----------------------------------------------------------------------

SUMMARY: NMFS is transferring 68 metric tons (mt) dressed weight (dw) 
of non-blacknose small coastal shark (SCS) quota from the Atlantic 
region to the Gulf of Mexico region for the remainder of the 2013 
fishing year. This action is based on consideration of the regulatory 
determination criteria regarding inseason adjustments, and applies to 
commercial Atlantic shark permitted vessels.

DATES: The quota transfer is effective from September 2, 2013 until 
December 31, 2013.

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 (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.  635.27(b)(2), NMFS may conduct inseason quota transfers 
of regional quotas between regions for species or management groups 
where the species are the same between regions and the quota is split 
between regions for management purposes and not as a result of a stock 
assessment. Before making any adjustment, NMFS considers the following 
determination criteria in Sec.  635.27(b)(2)(iii), and other relevant 
factors: (1) The usefulness of information obtained from catches in the 
particular management group for biological sampling and monitoring of 
the status of the respective shark species and/or management group; (2) 
the catches of the particular species and/or management group quota to 
date and the likelihood of closure of that segment of the fishery if no 
adjustment is made; (3) the projected ability of the vessels fishing 
under the particular species and/or management group quota to harvest 
the additional amount of corresponding quota before the end of the 
fishing year; (4) effects of the adjustment on the status of all shark 
species; (5) effects of the adjustment on accomplishing the objectives 
of the fishery management plan; (6) variations in seasonal 
distribution, abundance, or migration patterns of the appropriate shark 
species and/or management group; (7) effects of catch rates in one area 
precluding vessels in another area from having a reasonable opportunity 
to harvest a portion of the quota; and/or (8) review of dealer reports, 
daily landing trends, and the availability of the respective shark 
species and/or management group on the fishing grounds.
    Based on dealer reports received as of August 14, 2013, NMFS 
estimates that 53.0 metric tons (mt) dressed weight (dw) (116,819 lb 
dw) or 78 percent of Gulf of Mexico non-blacknose SCS quota has been 
landed; 0.7 mt dw (1,565 lb dw) or 35 percent of the Gulf of Mexico 
blacknose quota has been landed; 72.6 mt dw (160,080 lb dw) or 28 
percent of the Atlantic non-blacknose SCS quota has been landed; and 
11.6 mt dw (25,580 lb dw) or 64 percent of the Atlantic blacknose quota 
has been landed. According to the regulations at Sec.  635.28(b)(2), 
NMFS will close the Gulf of Mexico non-blacknose SCS and blacknose 
management groups once the Gulf of Mexico non-blacknose SCS quota 
reaches, or is projected to reach, 80 percent of the quota, because the 
quotas for the Gulf of Mexico non-blacknose SCS and Gulf of Mexico 
blacknose management groups are linked. Alternatively, under Sec.  
635.27(b)(2)(iii), if the criteria and relevant factors listed above 
are met, NMFS could transfer some of the SCS quota from the Atlantic 
region to the Gulf of Mexico region because the non-blacknose SCS 
regional quotas were established for management purposes and not as a 
result of a stock assessment. NMFS has considered these criteria and 
their applicability to the non-blacknose SCS and blacknose shark quotas 
in the Atlantic and Gulf of Mexico regions. These considerations 
include, but are not limited to, the following:
     Regarding the first criterion listed above, biological 
samples collected by NMFS scientific observers on commercial vessels 
targeting blacknose and non-blacknose SCS continue to provide NMFS with 
valuable data for ongoing scientific studies of shark age and growth, 
migration, and reproductive status. Regarding the second criterion, 
commercial shark dealer data show that landings of Gulf of Mexico non-
blacknose SCS are approaching 80 percent of the quota (78 percent). 
Once the quota reaches, or is projected to reach 80 percent, both the 
Gulf of Mexico non-blacknose SCS and blacknose shark management groups 
would close.
     In relation to these potential quotas and considering the 
third, fourth, sixth, seventh, and eighth criteria, NMFS analyzed 
dealer landings data, catch trends, and potential migration of the 
species involved and determined that under current fishing rates, 68 mt 
dw is a reasonable amount of quota to transfer that would allow 
fishermen the opportunity to fully land non-blacknose SCS and blacknose 
shark quotas in both regions, while avoiding negative impacts to shark 
species. This action will not have impacts beyond those already 
analyzed in the 2006 Consolidated HMS FMP and its amendments, and thus 
is not expected to negatively impact the stock.
     In relation to the fifth criterion, this action is 
consistent with the quotas previously implemented and analyzed in the 
2013 shark quota final rule (77 FR 75896, December 26, 2013) and in the 
final rule implementing Amendment 5a to the 2006 Consolidated Atlantic 
HMS FMP. Specifically, this action is consistent with the objective of 
providing opportunities to fully harvest shark quotas without exceeding 
them based upon the 2006 Consolidated HMS FMP goal: ``Consistent with 
other objectives of this FMP, to manage Atlantic HMS fisheries for 
continuing optimum yield so as to provide the greatest overall benefit 
to the Nation, particularly with respect to food production, providing 
recreational opportunities, preserving traditional fisheries, and 
taking into account the protection of marine ecosystems.''
    Based on these considerations and other relevant factors, NMFS has 
determined that a quota transfer is warranted, and is transferring 68 
mt dw (149,914 lb dw) from the Atlantic non-blacknose SCS quota to the 
Gulf of Mexico non-blacknose SCS quota as of 11:30 p.m. local time on 
September 2, 2013. This quota transfer results in an

[[Page 54196]]

adjusted quota of 135.7 mt dw (299,075 lb dw) for the Gulf of Mexico 
non-blacknose SCS management group, and an adjusted quota of 193.5 mt 
dw (426,570 lb dw) for the Atlantic non-blacknose SCS management group. 
Based on dealer reports as of August 14, 2013, NMFS estimates that 53.0 
metric tons (mt) dressed weight (dw) (116,819 lb dw) or 39 percent of 
this adjusted Gulf of Mexico non-blacknose SCS quota has been landed, 
and 72.6 mt dw (160,080 lb dw) or 37.5 percent of this adjusted 
Atlantic non-blacknose SCS quota has been landed.
    The transfer of quota between the Gulf of Mexico non-blacknose SCS 
and Atlantic non-blacknose SCS management groups is appropriate per 
Sec.  635.27(b)(2)(iii), because the Gulf of Mexico non-blacknose SCS 
and Atlantic non-blacknose SCS management groups contain the same 
species between regions (Atlantic sharpnose, finetooth, and bonnethead 
sharks) and because the quota is split between the regions for 
management purposes and not as a result of a stock assessment. This 
quota transfer will provide commercial fishermen additional opportunity 
to harvest the Gulf of Mexico blacknose quota and not be limited by the 
Gulf of Mexico non-blacknose SCS quota. Gulf of Mexico non-blacknose 
SCS and blacknose sharks are often caught together in the same 
fisheries; therefore, the quota linkage between these two management 
groups was created to prevent exceeding the Gulf of Mexico blacknose 
shark quota through discarded bycatch of blacknose sharks once the Gulf 
of Mexico blacknose shark landings have reached, or are projected to 
reach, 80 percent of the quota. The decision to transfer 68 mt dw of 
non-blacknose SCS quota from the Atlantic to the Gulf of Mexico region 
was based in part on recent dealer landings reports and projected 
landings rates. These projections indicate that transferring 68 mt dw 
non-blacknose SCS quota from the Atlantic region to the Gulf of Mexico 
region could allow the non-blacknose SCS fisheries in each region to 
remain open through the end of the 2013 fishing year, if landings and 
fishing rates do not increase substantially.
    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 north and east of that 
boundary is considered, for the purposes of quota monitoring and 
setting of quotas, to be within the Atlantic region.
    Depending on future quota availability, we may consider additional 
quota transfers to provide fishermen the opportunity to fully harvest 
available quotas in the Atlantic and Gulf of Mexico regions, or close 
fisheries if quotas are reached, but any such action would occur in 
another Federal Register notice.

Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for 
Fisheries, NOAA (AA), finds that providing 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 could result in unnecessary closure of the Gulf of Mexico 
non-blacknose SCS and blacknose shark quotas. This would be 
inconsistent with management requirements and objectives of the 2006 
Consolidated HMS FMP, and would unnecessarily limit fishing 
opportunities. 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.  635.27(b)(2) and is exempt from review 
under Executive Order 12866.

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

    Dated: August 27, 2013.
Kelly Denit,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-21387 Filed 8-30-13; 8:45 am]
BILLING CODE 3510-22-P