[Federal Register Volume 78, Number 189 (Monday, September 30, 2013)]
[Rules and Regulations]
[Pages 59878-59879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23741]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 120706221-2705-02]
RIN 0648-XC881


Atlantic Highly Migratory Species; Commercial Atlantic Aggregated 
Large Coastal Shark (LCS), Atlantic Hammerhead Shark, Atlantic 
Blacknose Shark, and Atlantic Non-Blacknose Small Coastal Shark (SCS) 
Management Groups

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is closing the commercial management groups for 
aggregated LCS and hammerhead sharks in the Atlantic region, and 
blacknose sharks and non-blacknose SCS in the Atlantic region. This 
action is necessary because the commercial landings of Atlantic 
aggregated LCS and Atlantic blacknose sharks for the 2013 fishing 
season have reached, or are projected to reach, 80 percent of the 
available commercial quota as of September 13 and September 26, 2013, 
respectively.

DATES: The commercial Atlantic aggregated LCS and Atlantic hammerhead 
shark management groups and the commercial Atlantic blacknose shark and 
Atlantic non-blacknose SCS management groups are closed effective 11:30 
p.m. local time September 30, 2013 until the end of the 2013 fishing 
season on December 31, 2013 or until 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 (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), records of sharks that are first received 
by dealers from a vessel must be submitted electronically on a weekly 
basis through a NMFS-approved electronic reporting system by the dealer 
and received by NMFS no later than midnight, local time, of the first 
Tuesday following the end of the reporting week unless the dealer is 
otherwise notified by NMFS. Under Sec.  635.28(b)(2), when NMFS 
calculates that the landings for any species and/or management group of 
a linked group has reached or is projected 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 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 NMFS announces, via 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.
    On July 3, 2013 (78 FR 40318), NMFS announced the final rule for 
Amendment 5a to the Consolidated Atlantic Highly Migratory Species 
(HMS) Fishery Management Plan (FMP), which, among other things, 
established new, final adjusted 2013 quotas for aggregated LCS, 
hammerhead sharks, blacknose sharks, and non-blacknose SCS in the 
Atlantic region. On September 2, 2013, NMFS transferred 68 metric tons 
(mt) dressed weight (dw) (149,914 lb dw) of non-blacknose SCS quota 
from the Atlantic region to the Gulf of Mexico region. Based on these 
two actions, the current adjusted quotas for the species noted above 
are as follows: the Atlantic aggregated LCS management group quota is 
168.9 mt dw (372,552 lb dw), the Atlantic hammerhead shark management 
group quota is 27.1 metric tons (mt) dressed weight (dw) (59,736 lb 
dw), the Atlantic blacknose shark management group quota is 18 metric 
tons (mt) dressed weight (dw) (39,749 lb dw), and the Atlantic non-
blacknose SCS management group quota is 193.5 metric tons (mt) dressed 
weight (dw) (426,570 lb dw). Amendment 5a also linked quotas of certain 
management groups that contain shark species that are often caught 
together in the same fisheries. Under these linkages, linked shark 
management groups close when landings of one group have reached, or are 
expected to reach, 80 percent of the quota to prevent exceeding the 
quota of that management group through discarded bycatch. Currently, 
the regional aggregated LCS and hammerhead shark management groups are 
linked, and the regional blacknose shark and non-blacknose SCS 
management groups are linked.
    Dealer reports received through September 13, 2013, indicate that 
135.2 mt dw or 80 percent of the available Atlantic aggregated LCS 
quota has been landed, 11.7 mt dw or 43 percent of the available 
Atlantic hammerhead shark quota has been landed, 13.7 mt dw or 76 
percent of the available Atlantic blacknose shark quota has been landed 
and that 90.6 mt dw or 47 percent of the available Atlantic non-
blacknose SCS quota has been landed. Projections indicate that 80 
percent of the Atlantic blacknose shark quota will be landed by 
September 26, 2013. Based on these dealer reports, NMFS estimates that 
the 80-percent limit specified for a closure notice in the regulations 
has been, or will be, reached or exceeded for the Atlantic aggregated 
LCS and Atlantic blacknose shark management groups. Accordingly, 
because the Atlantic aggregated LCS and Atlantic

[[Page 59879]]

hammerhead shark management groups are linked and the Atlantic 
blacknose shark and Atlantic non-blacknose shark management groups are 
linked, NMFS is closing the commercial aggregated LCS, hammerhead 
shark, blacknose shark, and non-blacknose SCS management groups in the 
Atlantic region as of 11:30 p.m. local time September 30, 2013. The 
only shark management groups that remain open are the shark research 
fishery, non-blacknose SCS and blacknose shark in the Atlantic region, 
blue shark, and pelagic sharks other than porbeagle and blue shark 
management groups.
    The boundary between the Gulf of Mexico region and the Atlantic 
region is defined at Sec.  635.27(b)(1) 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 aggregated LCS, hammerhead sharks, 
blacknose sharks, and non-blacknose SCS in the Atlantic region is 
prohibited for persons fishing aboard vessels issued a commercial shark 
limited access permit under Sec.  635.4--unless the vessel is properly 
permitted to operate as a 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 (Sec.  635.22(a) and 
(c)), or the vessel possesses a valid shark research permit under Sec.  
635.32 and a NMFS-approved observer is onboard. During the closure, a 
shark dealer issued a permit pursuant to Sec.  635.4 may not purchase 
or receive aggregated LCS, hammerhead sharks, blacknose sharks, and/or 
non-blacknose SCS in the Atlantic region, except under specific 
circumstances as specified in Sec.  635.32 (shark research fishery); 
Sec.  635.28(b)(5) (sharks were harvested prior to the closure); or 
sharks were harvested by a state vessel that has fished only in state 
waters.

Classification

    Pursuant to 5 U.S.C. 553(b)(3)(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 would result in 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 stock may be negatively affected and fishermen ultimately 
could 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: September 25, 2013.
Kelly Denit,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-23741 Filed 9-25-13; 4:15 pm]
BILLING CODE 3510-22-P