[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Rules and Regulations]
[Pages 32040-32041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13795]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 140429387-4971-02]
RIN 0648-XD980


Atlantic Highly Migratory Species; Commercial Blacknose Sharks 
and Non-Blacknose Small Coastal Sharks in the Atlantic 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 fisheries for commercial blacknose sharks 
and non-blacknose small coastal sharks (SCS) in the Atlantic region. 
This action is necessary because the commercial landings of Atlantic 
blacknose sharks for the 2015 fishing season have exceeded 80 percent 
of the available commercial quota as of May 29, 2015, and the blacknose 
shark and non-blacknose SCS fisheries are quota-linked under current 
regulations.

DATES: The commercial fisheries for blacknose sharks and non-blacknose 
SCS in the Atlantic region are closed effective 11:30 p.m. local time 
June 7, 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 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), 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 and/or management groups are linked. The quotas for blacknose 
sharks and the non-blacknose SCS management group in the Atlantic 
region are linked (Sec.  635.28(b)(3)(iii)). 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 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 are closed, even across fishing years.
    On December 2, 2014 (79 FR 71331), NMFS announced that the 2015 
commercial Atlantic blacknose shark quota is 17.5 metric tons (mt) 
dressed weight (dw) (38,638 lb dw) and the non-blacknose SCS quota is 
176.1 mt dw (388,222 lb dw).
    Dealer reports recently received through May 29, 2015, indicated 
that 16.3 mt dw or 93 percent of the available Atlantic blacknose shark 
quota had been landed and 86.1 mt dw or 49 percent of the available 
Atlantic non-blacknose SCS quota had been landed. Based on these dealer 
reports, landings of Atlantic blacknose sharks have already exceeded 80 
percent of the quota. Accordingly, NMFS is closing both the commercial 
blacknose shark fishery and non-blacknose SCS management group in the 
Atlantic region as of 11:30 p.m. local time June 7, 2015. The only 
shark species or management groups that remain open in the Atlantic 
region are research large coastal sharks, sandbar sharks within the 
shark research fishery, blue shark, and pelagic sharks other than 
porbeagle or blue shark management groups. On July 1, 2015, in the 
Atlantic region, the aggregated large coastal shark and hammerhead 
shark management groups will open.
    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 blacknose sharks and non-blacknose 
SCS in the Atlantic region is prohibited for persons fishing aboard 
vessels issued a commercial shark limited access permit (LAP) 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 highly migratory species (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)).
    During this closure, a shark dealer issued a permit pursuant to 
Sec.  635.4 may not purchase or receive blacknose sharks or non-
blacknose SCS in the Atlantic region from a vessel issued a shark LAP, 
except that a permitted shark dealer or processor may possess blacknose 
sharks and/or non-blacknose SCS in the Atlantic 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). Similarly, a shark dealer issued a permit pursuant 
to Sec.  635.4, in accordance with relevant state regulations, may 
purchase or receive blacknose sharks and/or non-blacknose SCS in the 
Atlantic 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 a 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 fisheries are currently underway and any delay in 
this action would result in

[[Page 32041]]

overharvest of the Atlantic blacknose SCS 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: June 2, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-13795 Filed 6-2-15; 4:15 pm]
 BILLING CODE 3510-22-P