[Federal Register Volume 81, Number 132 (Monday, July 11, 2016)]
[Rules and Regulations]
[Pages 44798-44800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16299]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150413357-5999-02]
RIN 0648-XE586


Atlantic Highly Migratory Species; Commercial Aggregated Large 
Coastal Shark and Hammerhead Shark Management Group Retention Limit 
Adjustment

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; inseason retention limit adjustment.

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SUMMARY: NMFS is adjusting the commercial aggregated large coastal 
shark (LCS) and hammerhead shark management group retention limit for 
directed shark limited access permit holders in the Atlantic region 
from 3 LCS other than sandbar sharks per vessel per trip to 45 LCS 
other than sandbar sharks per vessel per trip. This action is based on 
consideration of the regulatory determination criteria regarding 
inseason adjustments. The retention limit will remain at 45 LCS other 
than sandbar sharks per vessel per trip in the Atlantic region through 
the rest of the 2016 fishing season or until NMFS announces via a 
notice in the Federal Register another adjustment to the retention 
limit or a fishery closure. This retention limit adjustment affects 
anyone with a directed shark limited access permit fishing for LCS in 
the Atlantic region.

DATES: This retention limit adjustment is effective on July 15, 2016, 
through the end of the 2016 fishing season on December 31, 2016, or 
until NMFS announces via a notice in the Federal Register another 
adjustment to the retention limit or a fishery closure, if warranted.

FOR FURTHER INFORMATION CONTACT: Gu[yacute] DuBeck or Karyl Brewster-
Geisz 301-427-8503; fax 301-713-1917.

SUPPLEMENTARY INFORMATION: 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.).
    Atlantic shark fisheries have separate regional (Gulf of Mexico and 
Atlantic) quotas for all management groups except for the shark 
research fishery for LCS and sandbar sharks, blue shark, porbeagle 
shark, and pelagic shark (other than porbeagle or blue sharks) 
management groups. The boundary between the Gulf of Mexico region and 
the Atlantic region is defined at Sec.  635.27(b)(1) 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 quota monitoring 
and setting of quotas, to be within the Atlantic region. This inseason 
action only affects the aggregated LCS and hammerhead shark management 
groups in the Atlantic region.
    Under Sec.  635.24(a)(8), NMFS may adjust the commercial retention 
limit in the shark fisheries during the fishing season. Before making 
any adjustment, NMFS must consider specified regulatory criteria and 
other relevant factors. (See 635.24(a)(8)(i)-(vi)). After considering 
these criteria as discussed below, NMFS has concluded that increasing 
the retention limit of the Atlantic aggregated LCS and hammerhead 
management groups for directed shark limited access permit holders will 
allow use of available aggregated LCS and hammerhead shark management 
group quotas and will provide fishermen throughout the Atlantic region 
equitable fishing

[[Page 44799]]

opportunities for the rest of the year. Therefore, NMFS is increasing 
the commercial Atlantic aggregated LCS and hammerhead shark retention 
limit in the Atlantic region from 3 to 45 LCS other than sandbar shark 
per vessel per trip.
    NMFS considered the inseason retention limit adjustment criteria 
listed at Sec.  635.24(a)(8)(i)-(vi), as follows:
    (i) The amount of remaining shark quota in the relevant area, 
region, or sub-region, to date, based on dealer reports.
    Based on dealer reports through June 17, 2016, 38.8 mt dw or 23 
percent of the 168.9 mt dw shark quota for aggregated LCS and 8.9 mt dw 
or 33 percent of the 27.1 mt dw shark quota for the hammerhead 
management groups have been harvested in the Atlantic region. This 
means that approximately 77 percent of the aggregated LCS quota remains 
available and approximately 67 percent of the hammerhead shark quota 
remains available. NMFS took action previously this year to reduce 
retention rates, considering the need for all regions to have an 
equitable opportunity to utilize the quota. Given the geographic 
distribution of the sharks at this time of year (i.e., they are heading 
north before moving south again later in the year), the retention limit 
needs to be adjusted upwards now to ensure that fishermen in the 
Atlantic region have an opportunity to fully utilize the quotas in the 
region for the remainder of the year.
    (ii) The catch rates of the relevant shark species/complexes in the 
region or sub-region, to date, based on dealer reports.
    Based on the current commercial retention limit and average catch 
rate of landings data from dealer reports, the amount of aggregated LCS 
and hammerhead sharks harvested in the Atlantic region on a daily basis 
is low. Using current catch rates, projections indicate that landings 
would not exceed 80 percent of the quota before the end of the 2016 
fishing season. In other words, this daily average catch rate means 
that aggregated LCS and hammerhead sharks are being harvested too 
slowly to promote fishing opportunities and ensure full utilization of 
the quota in the Atlantic region.
    (iii) Estimated date of fishery closure based on when the landings 
are projected to reach 80 percent of the quota given the realized catch 
rates.
    Once the landings reach 80 percent of either the aggregated LCS or 
hammerhead shark quotas, NMFS would, as required by the regulations, 
close the aggregated LCS and hammerhead shark management groups since 
they are ``linked quotas.'' Current low catch rates would likely result 
in the fisheries remaining open to the remainder of the year with the 
quotas being underutilized in the Atlantic region.
    (iv) Effects of the adjustment on accomplishing the objectives of 
the 2006 Consolidated HMS FMP and its amendments.
    Adjusting the retention limit by increasing the retention limit on 
aggregated LCS and hammerhead management group in the Atlantic region 
from 3 to 45 LCS other than sandbar sharks per vessel per trip would 
allow for fishing opportunities later in the year consistent with the 
FMP's objectives to ensure equitable fishing opportunities throughout 
the fishing season and to limit bycatch and discards.
    (v) Variations in seasonal distribution, abundance, or migratory 
patterns of the relevant shark species based on scientific and fishery-
based knowledge.
    The directed shark fisheries in the Atlantic region exhibit a mixed 
species composition, with a high abundance of aggregated LCS caught in 
conjunction with hammerhead sharks. Migratory patterns of many LCS in 
the Atlantic region indicate the sharks move farther north in the 
summer and then return south in the fall. Increasing the retention 
limit in the Atlantic region at this time provides for fishing 
opportunities by fishermen farther north as the sharks are likely going 
to be in the northern areas of the region for only a short period of 
time before migrating south again. As a result, by increasing the 
harvest and landings on a per-trip basis, fishermen throughout the 
region will likely experience equitable fishing opportunities.
    (vi) Effects of catch rates in one part of a region or sub-region 
precluding vessels in another part of that region or sub-region from 
having a reasonable opportunity to harvest a portion of the relevant 
quota.
    NMFS has previously provided notice to the regulated community (80 
FR 74999; December 1, 2015, and 81 FR 18541; March 31, 2016) that a 
goal of this year's fishery is to ensure fishing opportunities 
throughout the fishing season and fishing region. While dealer reports 
indicate that, under current catch rates, the aggregated LCS and 
hammerhead shark management groups in the Atlantic region would remain 
open for the remainder of the year, the catch rates also indicate that 
the quotas are being harvested too slowly and would likely not be fully 
harvested under the current retention limit. If the harvest of these 
species is increased through an increased retention limit, NMFS 
estimates that the fishery would still remain open for the remainder of 
the year and fishermen throughout the Atlantic region would have a 
reasonable opportunity to harvest a portion of the quota.
    On December 1, 2015 (80 FR 74999), NMFS announced in a final rule 
that the aggregated LCS and hammerhead shark fisheries management 
groups for the Atlantic region would open on January 1 with a quota of 
168.9 metric tons (mt) dressed weight (dw) (372,552 lb dw) and 27.1 mt 
dw (59,736 lb dw), respectively. We had published a proposed rule on 
August 18, 2015 (80 FR 49974) and accepted public comment. In the final 
rule, NMFS also announced that if it appeared that the quota is being 
harvested too quickly, thus precluding fishing opportunities throughout 
the entire region (e.g., if approximately 20 percent of the quota is 
caught at the beginning of the year), NMFS would consider reducing the 
commercial retention limit to 3 or fewer LCS other than sandbar sharks 
and then later consider increasing to 45 LCS other than sandbar sharks 
per vessel per trip around July 15, 2016, consistent with the 
applicable regulatory requirements. In March 2016, dealer reports 
indicated that landings had exceeded 20 percent of the quota, and NMFS 
therefore reduced the commercial Atlantic aggregated LCS and hammerhead 
shark retention limit from 36 to 3 LCS other than sandbar per vessel 
per trip on April 2, 2016 (81 FR 18541; March 31, 2016) after 
considering the inseason retention limit adjustment criteria listed in 
Sec.  635.24(a)(8). Based on dealer reports through June 17, 2016, 
approximately 77 percent and 67 percent of the aggregated LCS and 
hammerhead shark quotas remain, respectively. At this point in the 
season, fishermen in the Atlantic region may not have an opportunity to 
fully utilize the quotas in the region for the remainder of the year if 
the retention limits are not increased, and available quota will be 
underutilized.
    Accordingly, as of July 15, 2016, NMFS is increasing the retention 
limit for the commercial aggregated LCS and hammerhead shark management 
groups in the Atlantic region for directed shark limited access permit 
holders from 3 LCS other than sandbar sharks per vessel per trip to 45 
LCS other than sandbar sharks per vessel per trip. This retention limit 
adjustment does not apply to directed shark limited access permit 
holders if the vessel is properly permitted to operate as a charter 
vessel or headboat for HMS and is engaged in a for-hire trip, in which 
case the recreational retention limits for sharks

[[Page 44800]]

and ``no sale'' provisions apply (Sec.  635.22(a) and (c)), or if the 
vessel possesses a valid shark research permit under Sec.  635.32 and a 
NMFS-approved observer is onboard, in which case the restrictions noted 
on the shark research permit apply.
    All other retention limits and shark fisheries in the Atlantic 
region remain unchanged. This retention limit will remain at 45 LCS 
other than sandbar sharks per vessel per trip for the rest of the 2016 
fishing season, or until NMFS announces via a notice in the Federal 
Register another adjustment to the retention limit or a fishery 
closure, is warranted.

Classification

    The Assistant Administrator for NMFS (AA) finds that it is 
impracticable and contrary to the public interest to provide prior 
notice of, and an opportunity for public comment on, this action for 
the following reasons:
    Prior notice is impracticable because the regulatory criteria for 
inseason retention limit adjustments are intended to allow the agency 
to respond quickly to existing management considerations, including 
remaining available shark quotas, estimated dates for the fishery 
closures, the regional variations in the shark fisheries, and equitable 
fishing opportunities. Additionally, regulations implementing Amendment 
6 of the 2006 Atlantic Consolidated HMS FMP (80 FR 50074, August 18, 
2006) intended that the LCS retention limit could be adjusted quickly 
throughout the fishing season to provide management flexibility for the 
shark fisheries and provide equitable fishing opportunities to 
fishermen throughout a region. Based on available shark quotas and 
informed by shark landings in previous seasons, responsive adjustment 
to the LCS commercial retention limit from the incidental level is 
warranted as quickly as possible to allow fishermen to take advantage 
of available quotas while sharks are present in their region. For such 
adjustment to be practicable, it must occur in a timeframe that allows 
fishermen to take advantage of it.
    Adjustment of the LCS fisheries retention limit in the Atlantic 
region will begin on July 15. Prior notice would result in a later 
enactment date and would be contrary to the public interest. Delays in 
increasing the retention limit would adversely affect those shark 
fishermen that would otherwise have an opportunity to harvest more than 
the current retention limit of 3 LCS other than sandbar sharks per 
vessel per trip and could result in low catch rates and underutilized 
quotas. Analysis of available data shows that adjustment to the LCS 
commercial retention limit upward to 45 would result in minimal risks 
of exceeding the aggregated LCS and hammerhead shark quotas in the 
Atlantic region based on our consideration of previous years' data, in 
which the fisheries have opened in July. With quota available and with 
no measurable impacts to the stock expected, it would be contrary to 
the public interest to require vessels to wait to harvest the sharks 
otherwise allowable through this action. Therefore, the AA finds good 
cause under 5 U.S.C. 553(b)(B) to waive prior notice and the 
opportunity for public comment. Adjustment of the LCS commercial 
retention limit in the Atlantic region is effective July 15, 2016, to 
minimize any unnecessary disruption in fishing patterns, to allow the 
impacted fishermen to benefit from the adjustment, and to not preclude 
fishing opportunities by fishermen farther north as the sharks are 
likely going to be in the northern areas of the region for only a short 
period of time before migrating south again. Foregoing opportunities to 
harvest the respective quotas could have negative social and economic 
impacts for U.S. fishermen that depend upon catching the available 
quotas. Therefore, the AA finds there is also good cause under 5 U.S.C. 
553(d) to waive the 30-day delay in effectiveness.
    This action is being taken under Sec.  635.23(a)(4) and is exempt 
from review under Executive Order 12866.

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

    Dated: July 1, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-16299 Filed 7-8-16; 8:45 am]
 BILLING CODE 3510-22-P