[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)]
[Rules and Regulations]
[Pages 24836-24837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10165]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 140429387-4971-02]
RIN 0648-XD911


Atlantic Highly Migratory Species; Commercial Blacktip Sharks, 
Aggregated Large Coastal Sharks, and Hammerhead Sharks in the Gulf of 
Mexico Region

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 fisheries for blacktip sharks, 
aggregated large coastal sharks (LCS), and hammerhead sharks in the 
Gulf of Mexico region. This action is necessary because the commercial 
landings of blacktip sharks in the Gulf of Mexico region for the 2015 
fishing season are projected to exceed 80 percent of the available 
commercial quota as of May 1, 2015, commercial landings of aggregated 
LCS in the Gulf of Mexico region have exceeded 80 percent of the 
available commercial quota, and the aggregated LCS and hammerhead shark 
fisheries are quota-linked under the current regulations.

DATES: The commercial fisheries for blacktip sharks, aggregated LCS, 
and hammerhead sharks are closed effective 11:30 p.m. local time May 3, 
2015, until the end of the 2015 fishing season on December 31, 2015, or 
until and if NMFS announces via a notice in the Federal Register that 
additional quota is available and the season is reopened.

FOR FURTHER INFORMATION CONTACT: Alexis Jackson or Karyl Brewster-Geisz 
301-427-8503; fax 301-713-1917.

SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed 
under the 2006 Consolidated Highly Migratory Species (HMS) Fishery 
Management Plan (FMP), its amendments, and 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), dealers must electronically submit reports 
on sharks that are first received from a vessel on a weekly basis 
through a NMFS-approved electronic reporting system. Reports must be 
received by 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), the quotas of certain 
species/fisheries and/or management groups are linked. If quotas are 
linked, when the specified quota threshold for one management group or 
species/fishery is reached and is closed, the linked management group 
or fishery closes at the same time. The quotas for aggregated LCS and 
the hammerhead shark management groups in the Gulf of Mexico region are 
linked (Sec.  635.28(b)(3)(ii)). The blacktip shark quota is not linked 
to the aggregated LCS or hammerhead shark quotas. Regulations at Sec.  
635.28(b)(1) and Sec.  635.28(b)(4) authorize closure of the blacktip 
shark management group when landings have reached or are expected to 
reach 80 percent of the quota or before those situations occur.
    Under Sec.  635.28(b)(1) and Sec.  635.28(b)(2), when NMFS 
calculates that the landings for any species and/or management group of 
either a non-linked or a linked group have reached or are projected to 
reach a threshold of 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 of either a 
non-linked or 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 and if NMFS announces, via 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 and specified non-
linked species and/or management groups are closed, even across fishing 
years.
    On December 2, 2014 (79 FR 71331), NMFS announced that the 
commercial Gulf of Mexico blacktip shark quota was 328.6 mt dw (724,302 
lb dw), the Gulf of Mexico aggregated LCS quota for 2015 was 156.5 
metric tons (mt) dressed weight (dw) (344,980 lb dw), and the Gulf of 
Mexico hammerhead shark quota was 25.3 mt dw (55,722 lb dw). Dealer 
reports recently received through April 24, 2015, indicate that that 
261.1 mt dw or 79 percent of the available Gulf of Mexico blacktip 
shark quota has been landed, 128.6 mt dw or 82 percent of the available 
Gulf of Mexico aggregated LCS quota has been landed, and that 12.4 mt 
dw or 49 percent of the available Gulf of Mexico hammerhead shark quota 
has been landed. Based on these dealer reports, NMFS estimates that the 
80-percent limit specified for a closure notice in the regulations for 
blacktip sharks will be exceeded as of May 1, 2015, and has been 
exceeded for aggregated LCS. Accordingly, NMFS is closing the 
commercial blacktip, aggregated LCS, and hammerhead management groups 
in the Gulf of Mexico region as of 11:30 p.m. local time May 3, 2015. 
All other shark species or management groups that are currently open 
will remain open, including the commercial Gulf of Mexico non-blacknose 
small coastal sharks (SCS), blacknose sharks, blue sharks, and pelagic 
sharks other than porbeagle or blue.
    At Sec.  635.27(b)(1), 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 south and west of that 
boundary is considered for the purposes of monitoring and setting 
quotas, to be within the Gulf of Mexico region.
    During the closure, retention of blacktip sharks, aggregated LCS, 
and/or hammerhead sharks in the Gulf of Mexico region is prohibited for 
persons fishing aboard vessels issued a commercial shark limited access 
permit under Sec.  635.4. However, persons aboard a commercially 
permitted vessel that is also properly permitted to operate as a 
charter vessel or headboat for HMS and is engaged in a for-hire trip 
could fish under the recreational retention limits for sharks and ``no 
sale'' provisions (Sec.  635.22(a) and (c)). Similarly, persons

[[Page 24837]]

aboard a commercially permitted vessel that possesses a valid shark 
research permit under Sec.  635.32 and has a NMFS-approved observer 
onboard may continue to harvest and sell blacktip sharks, aggregated 
LCS, and/or hammerhead sharks in the Gulf of Mexico region pursuant to 
the terms and conditions of the shark research permit.
    During this closure, a shark dealer issued a permit pursuant to 
Sec.  635.4 may not purchase or receive blacktip sharks, aggregated 
LCS, and/or hammerhead sharks in the Gulf of Mexico region from a 
vessel issued an Atlantic Shark Limited Access Permit (LAP), except 
that a permitted shark dealer or processor may possess blacktip sharks, 
aggregated LCS, and/or hammerhead sharks in the Gulf of Mexico region 
that were harvested, off-loaded, and sold, traded, or bartered prior to 
the effective date of the closure and were held in storage consistent 
with Sec.  635.28(b)(5). Additionally, a permitted shark dealer or 
processor may possess blacktip sharks, aggregated LCS, and/or 
hammerhead sharks in the Gulf of Mexico region that were harvested by a 
vessel issued a valid shark research fishery permit per Sec.  635.32 
with a NMFS-approved observer onboard during the trip the sharks were 
taken on as long as the LCS research fishery quota remains open. 
Similarly, a shark dealer issued a permit pursuant to Sec.  635.4 may, 
in accordance with relevant state regulations, purchase or receive 
blacktip sharks, aggregated LCS, and/or hammerhead sharks in the Gulf 
of Mexico region if the sharks were harvested, off-loaded, and sold, 
traded, or bartered from a vessel that fishes only in state waters and 
that has not been issued an Atlantic Shark LAP, HMS Angling permit, or 
HMS Charter/Headboat permit pursuant to Sec.  635.4.

Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for 
Fisheries, NOAA (AA), finds that providing 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: April 27, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-10165 Filed 4-28-15; 4:15 pm]
 BILLING CODE 3510-22-P