[Federal Register Volume 79, Number 176 (Thursday, September 11, 2014)]
[Proposed Rules]
[Pages 54252-54261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21692]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 140429387-4738-01]
RIN 0648-XD276


Atlantic Highly Migratory Species; 2015 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 2015 fishing season for the Atlantic commercial shark 
fisheries. Quotas would be adjusted as allowable based on any over- 
and/or underharvests experienced during 2014 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 must be received by October 14, 2014.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2014-0077, 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-2014-0077, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Margo Schulze-Haugen, 
NMFS/SF1, 1315 East-West Highway, National Marine Fisheries Service, 
SSMC3, Silver Spring, MD 20910.
    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 2015 Atlantic commercial 
shark fishing season based on over- and underharvests that occurred 
during 2014 and previous fishing seasons, consistent with existing 
regulations at 50 CFR 635.27(b)(2). Over- and underharvests are 
accounted for the following year in the same region and/or fishery in 
which they occurred, except that large overharvests may be spread over 
a number of subsequent fishing years, up 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 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, non-blacknose small coastal shark (SCS), blacknose 
shark, blue shark, porbeagle shark, and pelagic shark (other than 
porbeagle or blue sharks) management groups, the 2014 underharvests 
cannot be carried over to the 2015 fishing season because those stocks 
or management groups have been determined to be overfished, overfished 
with overfishing occurring, or have an unknown status. Thus, for all of 
these management groups, the 2015 proposed quotas would be equal to the 
appropriate base quota minus any overharvests that occurred in 2014 and 
previous fishing seasons, as applicable.
    For the Gulf of Mexico blacktip shark management group, which has 
been determined not to be overfished and have no overfishing occurring, 
available underharvest (up to 50 percent of the base quota) from the 
2014 fishing season can be applied to the 2015 quota, and NMFS proposes 
to do so in 2015.

2015 Proposed Quotas

    This rule proposes adjustments to the base commercial quotas due to 
over- and underharvests that occurred in 2014 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 August 15, 2014. In the final rule, NMFS will adjust the 
quotas based on dealer reports received as of October or November 2014. 
NMFS is not specifying the date, but would choose a date from middle 
October to middle November based on the timing of the final rule. In 
past season rules, NMFS has used dates from October 18 through November 
26, depending on the timing of the final rule. Thus, all of the 2015 
proposed quotas for the respective stocks and management groups will be 
subject to further adjustment after NMFS considers the October/November 
dealer reports. All dealer reports that are received after the October 
or November date will be used to adjust the 2016 quotas, as 
appropriate.
    In the final rule establishing quotas for the 2014 shark season (78 
FR 70500; November 26, 2013), NMFS decided to spread out the 2012 
overharvest of the blacknose shark quota across 5 years in both the 
Atlantic and Gulf of Mexico regions. Thus, in this rule, the blacknose 
shark quota will be reduced by 0.5 mt dw for the Atlantic region. This 
reduction will happen each year through 2018. The 0.5 mt dw reduction

[[Page 54253]]

represents 3 percent of the Atlantic region blacknose quota. In the 
Gulf of Mexico region, accounting for the overharvest over 5 years 
results in a 0.2 mt dw reduction that will be taken from the Gulf of 
Mexico regional base quota every year through 2018. This reduction 
represents 10 percent of the Gulf of Mexico region blacknose baseline 
quota. Thus, before accounting for any landings from 2014, the 2015 
adjusted annual quota for the Atlantic blacknose shark management group 
would be 17.5 mt dw (38,638 lb dw), while the adjusted annual quota for 
the Gulf of Mexico blacknose shark management group would be 1.8 mt dw 
(4,076 lb dw).
    The proposed 2015 quotas by species and management group are 
summarized in Table 1; the description of the calculations for each 
stock and management group can be found below.
BILLING CODE 3510-22-P

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[GRAPHIC] [TIFF OMITTED] TP11SE14.017


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BILLING CODE 3510-22-C
1. Proposed 2015 Quotas for the Blacktip Sharks in the Gulf of Mexico 
Region
    The 2015 proposed quota for blacktip sharks in the Gulf of Mexico 
region is 330.0 mt dw (727,465 lb dw). As of August 15, 2014, 
preliminary reported landings for blacktip sharks in the Gulf of Mexico 
region were at 73 percent (200.9 mt dw) of their 2014 quota levels. 
Reported landings have not exceeded the 2014 quota to date, and the 
fishery was closed on June 2, 2014 (79 FR 31227). 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)(ii), any underharvests for blacktip sharks within the Gulf 
of Mexico region therefore could be applied to the 2015 quotas as 
allowable. During the 2014 fishing season to date, the Gulf of Mexico 
blacktip shark quota has been underharvested by 73.4 mt dw (161,765 lb 
dw). Accordingly, NMFS proposes to increase the 2015 Gulf of Mexico 
blacktip shark quota to adjust for anticipated underharvests in 2014 as 
allowed. The proposed 2015 adjusted base annual quota for Gulf of 
Mexico blacktip sharks is 330.0 mt dw (727,465 lb dw) (256.6 mt dw 
annual base quota + 73.4 mt dw 2014 underharvest = 330.0 mt dw 2015 
adjusted annual quota).
2. Proposed 2015 Quotas for the Aggregated Large Coastal Sharks in the 
Gulf of Mexico Region
    The 2015 proposed quota for aggregated LCS in the Gulf of Mexico 
region is 156.1 mt dw (344,271 lb dw). As of August 15, 2014, 
preliminary reported landings for aggregated LCS in the Gulf of Mexico 
region were at 101 percent (152.7 mt dw) of their 2014 quota levels. 
Reported landings have exceeded the 2014 quota to date, and the fishery 
was closed on May 20, 2014 (79 FR 28849). In addition, there was 
unaccounted Gulf of Mexico aggregated LCS overharvest in 2013. In the 
final rule establishing the 2014 quotas, the 2013 Gulf of Mexico 
aggregated LCS quota was overharvested by 6.2 mt dw (13,489 lb dw). 
After the final rule establishing the 2014 quotas published, late 
dealer reports indicated the quota was overharvested by an additional 
0.1 mt dw (408 lb dw). Thus, NMFS is proposing to reduce the 2015 base 
annual quota based on the additional 2013 overharvest and overharvest 
from 2014. Therefore, based on preliminary estimates and consistent 
with the current regulations at Sec.  635.27(b)(2)(i), NMFS is 
proposing to adjust 2015 quotas for aggregated LCS in the Gulf of 
Mexico region due to overharvests in 2013 and 2014. The proposed 2015 
adjusted base annual quota for Gulf of Mexico aggregated LCS is 156.1 
mt dw (344,271 lb dw) (157.5 mt dw annual base quota - 0.1 mt dw 2013 
overharvest - 1.2 mt dw 2014 overharvest = 156.1 mt dw 2015 adjusted 
annual quota).
3. Proposed 2015 Quotas for the Aggregated Large Coastal Sharks in the 
Atlantic Region
    The 2015 proposed quota for aggregated LCS in the Atlantic region 
is 168.9 mt dw (372,552 lb dw). As of August 15, 2014, preliminary 
reported landings for aggregated LCS in the Atlantic region were at 34 
percent (56.7 mt dw) of their 2014 quota levels. Reported landings have 
not exceeded the 2014 quota to date. Given the unknown status of some 
of the shark species within the Atlantic aggregated LCS management 
group, any underharvests cannot be accounted for pursuant to Sec.  
635.27(b)(2)(ii). Therefore, based on preliminary estimates and 
consistent with the current regulations at Sec.  635.27(b)(2), NMFS is 
not proposing to adjust 2015 quotas for aggregated LCS in the Atlantic 
region, because there have not been any overharvests and because 
underharvests cannot be carried over due to stock status.
4. Proposed 2015 Quotas for Hammerhead Sharks in the Gulf of Mexico and 
Atlantic Region
    The 2015 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 August 15, 2014, 
preliminary reported landings for hammerhead sharks were at 55 percent 
(13.8 mt dw) of their 2014 quota levels in the Gulf of Mexico region, 
and were at 12 percent (3.3 mt dw) of their 2014 quota levels in the 
Atlantic region. Reported landings have not exceeded the 2014 quota to 
date. Given the overfished status of hammerhead sharks, any 
underharvests cannot be accounted for pursuant to Sec.  
635.27(b)(2)(ii). Therefore, based on preliminary estimates and 
consistent with the current regulations at Sec.  635.27(b)(2), NMFS is 
not proposing to adjust 2015 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 2015 Quotas for Research Large Coastal Sharks and Sandbar 
Sharks Within the Shark Research Fishery
    The 2015 proposed commercial quotas within the shark research 
fishery are 50.0 mt dw (110,230 lb dw) for research LCS and 116.6 mt dw 
(257,056 lb dw) for sandbar sharks. Within the shark research fishery, 
as of August 15, 2014, preliminary reported landings of research LCS 
were at 20 percent (9.9 mt dw) of their 2014 quota levels, and sandbar 
shark reported landings were at 26 percent (30.1 mt dw) of their 2014 
quota levels. Reported landings have not exceeded the 2014 quota to 
date. Under Sec.  635.27(b)(2)(ii), because sandbar sharks and 
scalloped hammerhead sharks within the research LCS 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 2015 quotas. Therefore, based on preliminary 
estimates and consistent with the current regulations at Sec.  
635.27(b)(2), NMFS is not proposing to adjust 2015 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 2015 Quotas for the Non-Blacknose Small Coastal Sharks in 
the Gulf of Mexico Region
    The 2015 proposed annual commercial quotas for non-blacknose SCS in 
the Gulf of Mexico region is 45.5 mt dw (100,317 lb dw). As of August 
15, 2014, preliminary reported landings of non-blacknose SCS were at 65 
percent (44.4 mt dw) of their 2014 quota levels in the Gulf of Mexico 
region. Reported landings have not exceeded the 2014 quota to date. 
Given the unknown status of bonnethead sharks within the Gulf of Mexico 
non-blacknose SCS management group, any underharvests cannot be 
accounted for pursuant to Sec.  635.27(b)(2)(ii). Therefore, based on 
preliminary estimates and consistent with the current regulations at 
Sec.  635.27(b)(2), NMFS is not proposing to adjust 2015 quotas for 
non-blacknose SCS in the Gulf of Mexico region, because there have not 
been any overharvests and because underharvests cannot be carried over 
due to stock status.
7. Proposed 2015 Quotas for the Non-Blacknose Small Coastal Sharks in 
the Atlantic Region
    The 2015 proposed annual commercial quotas for non-blacknose

[[Page 54257]]

SCS in the Atlantic region is 176.1 mt dw (388,222 lb dw). As of August 
15, 2014, preliminary reported landings of non-blacknose SCS were at 38 
percent (100.7 mt dw) of their 2014 quota levels in the Atlantic 
region. Reported landings have not exceeded the 2014 quota to date and 
the fishery was closed on July 28, 2014 (79 FR 43267). Given the 
overfished status of bonnethead sharks within the Atlantic non-
blacknose SCS management group, any underharvests cannot be accounted 
for pursuant to Sec.  635.27(b)(2)(ii). Therefore, based on preliminary 
estimates and consistent with the current regulations at Sec.  
635.27(b)(2), NMFS is not proposing to adjust 2015 quotas for non-
blacknose SCS in the Atlantic region, because there have not been any 
overharvests and because underharvests cannot be carried over due to 
stock status.
8. Proposed 2015 Quotas for the Blacknose Sharks in the Gulf of Mexico 
Region
    The 2015 proposed annual commercial quotas for blacknose sharks in 
the Gulf of Mexico region is 1.8 mt dw (4,076 lb dw). As of August 15, 
2014, preliminary reported landings of blacknose sharks were at 42 
percent (0.8 mt dw) of their 2014 quota levels in the Gulf of Mexico 
region. Reported landings have not exceeded the 2014 quota to date. 
Blacknose sharks have been declared to have an unknown status in the 
Gulf of Mexico region. Pursuant to Sec.  635.27(b)(2)(i), 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 and NMFS decided 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 2015 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 2015 
adjusted annual quota).
9. Proposed 2015 Quotas for the Blacknose Sharks in the Atlantic Region
    The 2015 proposed annual commercial quotas for blacknose sharks in 
the Atlantic region is 17.5 mt dw (38,595 lb dw). As of August 15, 
2014, preliminary reported landings of blacknose sharks were at 101 
percent (17.5 mt dw) of their 2014 quota levels in the Atlantic region. 
Reported landings have exceeded the 2014 quota to date by less than 0.1 
mt dw (43 lb dw), and the fishery was closed on July 28, 2014 (79 FR 
43267). Blacknose sharks have been declared to be overfished with 
overfishing occurring in the Atlantic region. Pursuant to Sec.  
635.27(b)(2)(i), 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 and NMFS decided 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 2015 proposed adjusted base quota for blacknose sharks 
in the Gulf of Mexico region is 17.5 mt dw (38,595 lb dw) (18.0 mt dw 
annual base quota - 0.5 mt dw 2012 adjusted 5-year overharvest - <0.1 
mt dw 2014 overharvest = 17.5 mt dw 2015 adjusted annual quota).
10. Proposed 2015 Quotas for Pelagic Sharks
    The 2015 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), 1.7 mt dw (3,748 lb dw), and 488 
mt dw (1,075,856 lb dw), respectively.
    As of August 15, 2014, preliminary reported landings of blue 
sharks, porbeagle sharks, and pelagic sharks (other than porbeagle and 
blue sharks) were at 3 percent (7.8 mt dw), 9 percent (0.1 mt dw), and 
22 percent (109.3 mt dw) of their 2014 quota levels, respectively. 
These pelagic species are overfished, have overfishing occurring, or 
have an unknown status. Therefore, the 2015 proposed quotas would be 
the base annual quotas (without adjustment) for blue sharks, porbeagle 
sharks, and pelagic sharks (other than blue and porbeagle sharks), or 
273 mt dw (601,856 lb dw), 1.7 mt dw (3,748 lb dw), and 488 mt dw 
(1,075,856 lb dw), respectively.

Proposed Fishing Season Notification for the 2015 Atlantic Commercial 
Shark Fishing Season

    For each fishery, NMFS 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, NMFS examined the 2014 and previous fishing years' 
over- and/or underharvests of the different management groups to 
determine the effects of the 2015 proposed quotas on fishermen across 
regional fishing area. NMFS also examined the potential season length 
and previous catch rates to ensure that equitable fishing opportunities 
would be provided to fishermen. Lastly, NMFS examined the seasonal 
variation of the different species/management groups and the effects on 
fishing opportunities.
    NMFS is proposing that the 2015 Atlantic commercial shark fishing 
season for all shark management groups in the northwestern Atlantic 
Ocean, including the Gulf of Mexico and the Caribbean Sea, except the 
aggregated LCS and hammerhead shark management groups in the Atlantic 
region, open on or about January 1, 2015, after the publication of the 
final rule for this action. NMFS proposes to open the aggregated LCS 
and hammerhead shark management groups in the Atlantic region on June 
1, 2015.
    In the Gulf of Mexico region, opening the fishing season again on 
or about January 1 for aggregated LCS, blacktip sharks, and hammerhead 
sharks would provide, to the extent practicable, equitable 
opportunities across the fisheries management region as it did for the 
2013 and 2014 fishing seasons. This opening date is consistent with all 
the criteria listed in Sec.  635.27(b)(3), but particularly with the 
criterion that NMFS considered 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, NMFS proposes opening the aggregated LCS 
and hammerhead shark management groups on June 1, 2015. During the 2014 
shark season proposed rule (78 FR 52487; August 23, 2013) comment 
period, NMFS received comments from the public to delay the opening 
date until later in the year. Public comments from the southern part of 
the region requested opening dates ranging from May 1 through July 1 
for the aggregated LCS and hammerhead management

[[Page 54258]]

groups, including requests to change the opening date due to concerns 
about the status of lemon sharks in Florida waters. Public comments 
from the northern part of the Atlantic region expressed concern that 
the proposed opening date of January 1 for the aggregated LCS and 
hammerhead management groups would not allow equitable fishing 
opportunities in the northern area because sharks are not present in 
their area at that time. In February 2014, the Atlantic States Marine 
Fisheries Commission (ASMFC) Coastal Shark Board, which manages shark 
fisheries in state waters and follows NMFS' opening and closing dates, 
approved a motion to submit a letter to NMFS requesting a postponement 
of the aggregated LCS season until July 1 for the 2015 fishing season. 
The Board decided a July 1, 2015, date would provide states the 
greatest access to the resource. To date, NMFS has yet to receive this 
written request. Taking into consideration the opening date criteria, 
public comments from 2013 and 2014, and the February 2014 vote of the 
ASMFC Coastal Shark Board, NMFS believes that delaying the opening date 
would promote equitable fishing opportunities in the Atlantic region. 
However, at this time, because it took a full 9 months to harvest 
approximately 92 percent of the aggregated LCS quota in 2013 and just 
under 6 months to harvest approximately 80 percent of the non-sandbar 
LCS quota in 2012, NMFS is concerned that waiting until July 1, 2015, 
as suggested by the ASMFC Coastal Shark Board, may not provide 
fishermen the opportunity to fully harvest the 2015 quota. Based on the 
issues described above and the opening fishing season criteria listed 
in Sec.  635.27(b)(3), NMFS is proposing opening the aggregated LCS and 
hammerhead management groups in the Atlantic region on June 1, 2015. 
However, at the time of writing this proposed rule, the aggregated LCS 
and hammerhead management groups in the Atlantic region have only been 
open for a few months (since June 1, 2014), and NMFS does not know the 
fishing rates or the potential amount of underharvested quota yet. 
Thus, NMFS in the final rule might consider an earlier opening date if 
the fishing rates are slow, and/or it appears there will be a large 
amount of underharvested quota in 2014. Similarly, NMFS might consider 
a later opening date in the final rule if the fishing rates are fast, 
and/or it appears there will be either a small amount of underharvested 
quota or a quota exceedance in 2014.
    All of the shark management groups would remain open until December 
31, 2015, or until NMFS determines 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), NMFS 
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), NMFS 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 NMFS announces, 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), 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 the publication of a notice in the Federal Register, that 
additional quota is available and the season is reopened, the fisheries 
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. NMFS may close the fishery for 
the Gulf of Mexico blacktip shark before landings reach, or are 
expected to reach, 80 percent of the quota. Before taking any inseason 
action, NMFS 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 2015 fishing season for the Atlantic commercial 
shark fisheries does not change the framework previously consulted 
upon; therefore, no additional consultation is required.

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 SUMMARY 
section of the preamble. The IRFA analysis follows.
    Section 603(b)(1) of the RFA requires Agencies 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 2015 commercial shark fishing quotas and 
fishing seasons. Without this rule, the commercial shark fisheries 
would close on December 31, 2014, and would not open until another 
action was taken. This proposed rule

[[Page 54259]]

would be implemented according to the regulations implementing the 2006 
Consolidated HMS FMP and its amendments. Thus, NMFS expects 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.
    Section 603(b)(2) of the RFA requires Agencies to explain the 
rule's objectives. The objectives of this rule are to: Adjust the 
baseline quotas for all Atlantic shark management groups based on any 
over- and/or underharvests from the previous fishing year(s) 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. On June 12, 2014, the SBA issued an interim final rule 
revising the small business size standards for several industries 
effective July 14, 2014 (79 FR 33467; June 12, 2014). The rule 
increased the size standard from $19.0 to $20.5 million for finfish 
fishing, from $5 to $5.5 million for shellfish fishing, and from $7.0 
million to $7.5 million for other marine fishing, for-hire businesses, 
and marinas. Id. at 33656, 33660, 33666.
    Pursuant to the Regulatory Flexibility Act, and prior to SBA's June 
12 interim final rule, an initial regulatory flexibility analysis was 
developed for this action using SBA's former size standards. NMFS has 
reviewed the analyses prepared for this action in light of the new size 
standards. The new standards would result in no new entities being 
considered small.
    Taking this change into consideration, at this time, NMFS has 
identified no additional significant alternatives that accomplish 
statutory objectives and minimize any significant economic impacts of 
the proposed rule on small entities. 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 considers 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 NMFS considers to be small entities according to the size 
standards set by the SBA. The proposed rule would apply to the 
approximately 213 directed commercial shark permit holders, 262 
incidental commercial shark permit holders, and 94 commercial shark 
dealers as of August 2014. NMFS solicits public comment on the IRFA in 
light of the new size standards.
    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.
    On July 3, 2014, NMFS published a final rule to list four Distinct 
Populations Segments (DPS) of scalloped hammerhead sharks (Sphyrna 
lewini): Two as threatened (Central and Southwest Atlantic DPS and 
Indo-West Pacific DPS) and two as endangered (Eastern Atlantic DPS and 
Eastern Pacific DPS) under the ESA (79 FR 38214). The Central and 
Southwest Atlantic DPS consists primarily of the population found in 
the Caribbean Sea and off the Atlantic coast of Central and South 
America (includes all waters of the Caribbean Sea, including the U.S. 
EEZ off Puerto Rico and the U.S. Virgin Islands). The Central and 
Southwest Atlantic DPS occurs within the boundary of Atlantic HMS 
commercial and recreational fisheries, which are managed by NMFS. NMFS 
has reviewed the data and found that the limited commercial catch data 
available indicate that scalloped hammerhead sharks are rarely targeted 
by commercial fishermen in the Central and Southwest Atlantic DPS, but 
rather are caught as bycatch. NMFS will be developing a more detailed 
analysis regarding effects to the Central and Southwest DPS of 
scalloped hammerhead sharks to be used in formal consultation on the 
Atlantic HMS fisheries. However, in the meantime, because this 
rulemaking would not make any changes to the current HMS regulations 
nor would have any regulatory changes, NMFS has preliminarily 
determined that the ongoing operations of the fisheries is consistent 
with existing biological opinions and is not likely to jeopardize the 
continued existence or result in an irreversible or irretrievable 
commitment of resources which would foreclose formulation or 
implementation of any reasonable and prudent alternative measures on 
the threatened Central and Southwest DPS of scalloped hammerhead 
sharks.
    Section 603(c) of the RFA requires each IRFA to 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, NMFS 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. NMFS does 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

[[Page 54260]]

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 
2015 Atlantic shark commercial baseline quotas could result in total 
fleet revenues of $4,671,260 (see Table 2). For the Gulf of Mexico 
blacktip shark management group, NMFS is proposing to adjust the 
baseline quotas upward due to the underharvests in 2014. The upward 
adjustment for the Gulf of Mexico blacktip shark management group could 
result in a $96,493 gain in total revenues for the fleet.
    NMFS is proposing to reduce the baseline for other species due to 
overharvests. For instance, NMFS is proposing to reduce the aggregated 
LCS management group in the Gulf of Mexico due to overharvests in 2013 
and 2014. This would cause a potential loss in revenue of $2,030 for 
the entire fleet in the Gulf of Mexico. NMFS will 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 $431 for the 
fleet in the Gulf of Mexico region. In the Atlantic region, NMFS is 
proposing additional reductions of the blacknose shark management group 
due to overharvests in 2014. This total amount would cause a potential 
loss in revenue of $1,602 for the fleet in the Atlantic region.
    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, it is assumed that NMFS 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.           $0.49
                                         Atlantic.......            0.81
                       Blacktip Shark..  Gulf of Mexico.            0.42
                       Hammerhead Shark  Gulf of Mexico.            0.41
                                         Atlantic.......            0.64
                       LCS Research....  Both...........            0.72
                       Sandbar Research  Both...........            0.78
                       Non-Blacknose     Gulf of Mexico.            0.32
                        SCS.             Atlantic.......            0.70
                       Blacknose Shark.  Gulf of Mexico.            0.81
                                         Atlantic.......            0.83
                       Blue shark......  Both...........            0.28
                       Porbeagle shark.  Both...........          * 1.15
                       Other Pelagic     Both...........            1.69
                        sharks.
                       Shark Fins......  Gulf of Mexico.            3.53
                                         Atlantic.......           11.16
                                         Both...........            6.05
------------------------------------------------------------------------
* Since the porbeagle shark management group was closed for 2013, there
  was no 2013 price data. Thus, NMFS used price data from 2012.

    For this rule, NMFS 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 2015 
fishing season, NMFS is proposing to open all of the shark management 
groups, except the aggregated LCS and hammerhead shark management 
groups in the Atlantic region 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 will be neutral on a short- and long-term 
basis, because NMFS did not change the opening dates of these fisheries 
from the status quo.
    NMFS proposes to open the aggregated LCS and hammerhead shark 
management groups in the Atlantic region on June 1, 2015. This delay 
could result in short-term, direct, minor, adverse economic impacts as 
fishermen and dealers in the southern portion of the Atlantic region 
would not be able to fish for aggregated LCS and hammerhead sharks 
starting in January as was the case in 2013, but would still be able to 
fish earlier in the 2015 fishing season compared to the 2010 through 
2012 fishing seasons, which did not start until July 15. This delay 
could result in neutral economic impacts when compared to the 2014 
fishing season because the proposed opening date is the same as the 
2014 fishing season. Based on public comment, Atlantic fishermen in the 
southern portion of the region prefer a delayed opening for the 
potential to be fishing for aggregated LCS and hammerhead sharks from 
October through December. Therefore, the delayed opening could have 
direct, minor, beneficial economic impacts for fishermen since there 
are limited opportunities for fishermen to fish for non-HMS in the 
southern portion of the Atlantic region later in the year. In the 
northern portion of the Atlantic region, a delayed opening for the 
aggregated LCS and hammerhead shark management groups would have 
direct, minor, beneficial economic impacts in the short-term for 
fishermen as they would have access to the aggregated LCS and 
hammerhead shark quotas in 2015. Overall, delaying the opening until 
June 1 could cause beneficial cumulative economic impacts

[[Page 54261]]

across the region, because it could allow for a more equitable 
distribution of the quotas among fishermen in this region. The economic 
impacts would be neutral on long-term basis, because this delayed 
opening could be for only the 2015 fishing season.

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

    Dated: September 8, 2014.
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2014-21692 Filed 9-10-14; 8:45 am]
BILLING CODE 3510-22-P