[Federal Register Volume 81, Number 103 (Friday, May 27, 2016)]
[Rules and Regulations]
[Pages 33604-33605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12631]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150413357-5999-02]
RIN 0648-XE634


Atlantic Highly Migratory Species; Commercial Blacknose Sharks 
and Non-Blacknose Small Coastal Sharks in the Atlantic Region South of 
34[deg] N. Latitude; Closure

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 
south of 34[deg]00' N. lat. This action is necessary because the 
commercial landings of Atlantic blacknose sharks for the 2016 fishing 
season are projected to exceed 80 percent of the available commercial 
quota as of May 27, 2016, and the blacknose shark and non-blacknose SCS 
fisheries south of 34[deg]00' N. lat. are quota-linked under current 
regulations.

DATES: The commercial fisheries for blacknose sharks and non-blacknose 
SCS in the Atlantic region south of 34[deg]00' N. lat. are closed 
effective 11:30 p.m. local time May 29, 2016, until the end of the 2016 
fishing season on December 31, 2016, 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: Guy DuBeck 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. The quotas for blacknose sharks and the non-blacknose 
SCS management group south of 34[deg]00' N. lat. in the Atlantic region 
are linked (Sec.  635.28(b)(4)(iv)). Under Sec.  635.28(b)(3), 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 1, 2015 (80 FR 74999), NMFS announced that for the 
Atlantic region, the 2016 commercial Atlantic blacknose shark quota is 
15.7 metric tons (mt) dressed weight (dw) (34,653 lb dw), and the non-
blacknose SCS quota is 264.1 mt dw (582,333 lb dw). At Sec.  
635.27(b)(1), the boundary between the Atlantic region and the Gulf of 
Mexico 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 north and east of that boundary is 
considered, for the purposes of monitoring and setting quotas, to be 
within the Atlantic region.
    Dealer reports received through May 23, 2016, indicated that 9.3 mt 
dw or 59 percent of the available Atlantic blacknose shark quota had 
been landed and 31.5 mt dw or 12 percent of the available Atlantic non-
blacknose SCS quota had been landed. Based on catch rates from these 
dealer reports, NMFS estimates that the 80-percent limit specified for 
closure for blacknose sharks will be exceeded as of May 27, 2016. 
Accordingly, NMFS is closing both the commercial blacknose shark 
fishery and non-blacknose SCS management group in the Atlantic region 
south of 34[deg]00' N. lat. as of 11:30 p.m. local time May 29, 2016. 
All other shark species or management groups that are currently open in 
the Atlantic region will remain open, including the commercial Atlantic 
non-blacknose SCS management group north of 34[deg]00' N. lat.
    During the closure, retention of blacknose sharks and non-blacknose 
SCS in the Atlantic region south of 34[deg]00' N. lat. 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 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 south of 34[deg]00' N. lat. 
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) and non-blacknose SCS that were harvested in 
the Atlantic region north of 34[deg]00' N. lat. 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 overharvest of the Atlantic blacknose 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).

[[Page 33605]]

    This action is required under Sec.  635.28(b)(3) and is exempt from 
review under Executive Order 12866.

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

    Dated: May 24, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-12631 Filed 5-24-16; 4:15 pm]
 BILLING CODE 3510-22-P