[Federal Register Volume 80, Number 231 (Wednesday, December 2, 2015)]
[Rules and Regulations]
[Pages 75436-75437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30540]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 140429387-4971-02]
RIN 0648-XE334


Atlantic Highly Migratory Species; Commercial Non-Blacknose Small 
Coastal 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 fishery for commercial non-blacknose small 
coastal sharks (SCS) in the Gulf of Mexico region. This action is 
necessary because the commercial landings of Gulf of Mexico non-
blacknose SCS for the 2015 fishing season are projected to exceed 80 
percent of the available commercial quota as of November 27, 2015.

DATES: The commercial fishery for non-blacknose SCS in the Gulf of 
Mexico region is closed effective 11:30 p.m. local time December 5, 
2015, until the end of the 2015 fishing season on December 31, 2015, 
and will reopen on January 1, 2016.

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

SUPPLEMENTARY INFORMATION: The Atlantic and Gulf of Mexico shark 
fisheries are managed under the 2006 Consolidated 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), dealers must report weekly on sharks they 
first receive from vessels through a NMFS-approved electronic reporting 
system. Under Sec.  635.28(b)(2), when NMFS calculates that the 
landings for any species and/or management group with a ``non-linked'' 
quota 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 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 notification in the Federal 
Register, that additional quota is available and the season is 
reopened, the fisheries remain closed, even across fishing years.
    On December 2, 2014 (79 FR 71331), NMFS announced that the 2015 
commercial Gulf of Mexico non-blacknose SCS quota was 45.5 metric tons 
(mt) dressed weight (dw) (100,317 lb dw), while and the blacknose shark 
quota was 1.8 mt dw (4,076 lb dw). Dealer reports received through June 
26, 2015, indicated that 36.9 mt dw or 81 percent of the available Gulf 
of Mexico non-blacknose SCS quota had been landed and 1.0 mt dw or 52 
percent of the available Gulf of Mexico blacknose shark quota had been 
landed. Since the dealer landings of non-blacknose SCS exceeded 80 
percent of the quota, and the non-blacknose SCS and blacknose shark 
fisheries were quota-linked, NMFS closed the blacknose shark and non-
blacknose SCS fisheries on July 4, 2015 (80 FR 38016; July 2, 2016).
    On August 18, 2015 (80 FR 50073), NMFS published the final rule for 
Amendment 6 to the 2006 Consolidated HMS FMP which, among other things, 
established a new Gulf of Mexico non-blacknose SCS commercial quota of 
112.6 mt dw (248,215 lb dw), prohibited the retention of blacknose 
sharks in the Gulf of Mexico, and removed the quota linkage between the 
blacknose shark fishery and the non-blacknose SCS commercial fishery. 
At that time, NMFS estimated that approximately 66.4 mt dw of the new 
Gulf of Mexico non-blacknose SCS commercial quota was available and re-
opened the Gulf of Mexico non-blacknose SCS commercial fishery. Dealer 
reports received through November 20, 2015, indicated that a total of 
89.4 mt dw or 79 percent of the available Gulf of Mexico non-blacknose 
SCS commercial quota had been landed. Based on these dealer reports, 
NMFS

[[Page 75437]]

estimates that the 80 percent limit specified for closure will be 
exceeded by November 27, 2015. Accordingly, NMFS is closing the 
commercial non-blacknose SCS management group in the Gulf of Mexico 
region as of 11:30 p.m. local time December 5, 2015. The only shark 
species or management groups that remain open in the Gulf of Mexico 
region are the research large coastal sharks, sandbar sharks within the 
shark research fishery, the blue shark, and pelagic sharks other than 
porbeagle or blue shark management groups.
    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. latitude, 
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 non-blacknose SCS in the Gulf of 
Mexico 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 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 non-blacknose SCS in the Gulf 
of Mexico region from a vessel issued a shark LAP, except that a 
permitted shark dealer or processor may possess non-blacknose SCS 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)(6). Similarly, a shark 
dealer issued a permit pursuant to Sec.  635.4 may, in accordance with 
relevant state regulations, purchase or receive non-blacknose SCS 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 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 overharvest of the Gulf of Mexico non-
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: November 27, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-30540 Filed 11-30-15; 4:15 pm]
 BILLING CODE 3510-22-P