[Federal Register Volume 81, Number 202 (Wednesday, October 19, 2016)]
[Rules and Regulations]
[Pages 72007-72008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25299]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150413357-5999-02]
RIN 0648-XE914


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 45 LCS other than sandbar sharks per vessel per trip to 25 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 25 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 a fishery closure is warranted. This 
retention limit adjustment will affect directed shark limited access 
permit holders fishing for LCS in the Atlantic region.

DATES: This retention limit adjustment is effective at 11:30 p.m. local 
time October 19, 2016, through the end of the 2016 fishing season on 
December 31, 2016, or until NMFS announces via a notice in the Federal 
Register 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.).
    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 Sec.  635.24(a)(8)(i)-(vi). After 
considering these criteria as discussed below, NMFS concluded that 
reducing the retention limit of the Atlantic aggregated LCS and 
hammerhead management groups for directed shark limited access permit 
holders will slow the fishery catch rates to allow the fishery 
throughout the Atlantic region to remain open for the rest of the year. 
Since landings are projected to reach 80 percent before the end of the 
2016 fishing season, NMFS is reducing the commercial Atlantic 
aggregated LCS and hammerhead shark retention limit from 45 to 25 LCS 
other than sandbar per vessel per trip.
    NMFS considered the inseason retention limit adjustment criteria 
listed in Sec.  635.24(a)(8), which says that:
     The amount of remaining shark quota in the Atlantic region 
based on dealer reports;
    Based on dealer reports, 108.6 mt dw or 64 percent of the 168.9 mt 
dw shark quota for the aggregated LCS management group has already been 
harvested in the Atlantic region. This means that approximately 36 
percent of the quota remains. Unless action is taken to slow harvest, 
fishermen in the Atlantic region may not have an opportunity to fish in 
the region for the remainder of the year.
     The catch rates of the aggregated LCS management group in 
the Atlantic region based on dealer reports;
    Based on dealer reports, the current catch rates are too high to 
maintain an open season for the rest of the year. While fishermen are 
landing sharks within the per-trip retention limit of 45 LCS other than 
sandbar per trip per day, they are making multiple trips a day that 
result in high numbers of aggregated LCS being caught rapidly 
throughout the fishery. This high daily average catch rate means that 
aggregated LCS are being harvested too quickly to provide equitable 
fishing opportunities throughout the season. If the per trip limit is 
left unchanged, aggregated LCS would likely be harvested at such a high 
rate that the fishery would close in mid-October.
     Estimated date of the aggregated LCS management group 
closure based on when the landings are projected to reach 80 percent of 
the quota;
    Once the landings reach 80 percent of the quota, NMFS would close 
the aggregated LCS management group as well as any other management 
group with ``linked quotas'' such as the Atlantic hammerhead shark 
management group. Current catch rates would likely result in landings 
reaching this limit by mid-October. A closure would preclude fishing 
opportunities in the Atlantic region for the remainder of the year. 
Reducing the trip limit is expected to reduce the catch rates and allow 
for the fishery to remain open for the remainder of the year.
     Effects of the adjustment on accomplishing the objectives 
of the 2006 Consolidated HMS FMP and its amendments;
    Reducing the retention limit for the aggregated LCS and hammerhead 
management group from 45 to 25 LCS per trip would allow for fishing 
opportunities later in the year consistent with the FMP's objectives to 
provide equitable fishing opportunities throughout the fishing season 
and to limit bycatch and discards.
     Variations in seasonal distribution or migratory patterns 
of aggregated LCS

[[Page 72008]]

based on scientific and fishery-based knowledge; and
    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. As a result, by slowing the harvest 
and reducing landings on a per-trip basis, both fisheries could remain 
open for the remainder of the year.
     Effects of catch rates in one part of the Atlantic region 
precluding vessels in another part from having a reasonable opportunity 
to harvest a portion of the aggregated LCS management group quota.
    Based on dealer reports, and given NMFS' notice to the regulated 
community (80 FR 74999, December 1, 2015; 81 FR 18541, March 31, 2016; 
and 81 FR 44798, July 11, 2016) that a goal of this year's fishery was 
to provide fishing opportunities throughout the fishing season, NMFS 
has concluded that the aggregated LCS quota is being harvested too 
quickly to meet conservation and management goals for the fishery. If 
the harvest of these species is not slowed down, the fishery would 
likely close in mid-October. Closing the fishery would prevent 
fishermen from other parts of the Atlantic region from having the same 
opportunities to harvest the aggregated LCS quota later in the year.
    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. NMFS 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 the retention limit to 45 LCS other 
than sandbar sharks per vessel per trip around July 15, 2016, after 
considering the appropriate regulatory adjustment criteria. 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 at Sec.  635.24(a)(8). As NMFS announced in 
the 2016 shark season final rule (81 FR 44798; July 11, 2016), we 
increased the commercial Atlantic aggregated LCS and hammerhead shark 
retention limit from 3 to 45 LCS other than sandbar per vessel per trip 
after considering the regulatory criteria. Based on dealer reports 
through September 30, 2016, approximately 34 percent and 54 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 fish in the region for the remainder of the year if 
the retention limits are not reduced.
    Accordingly, as of 11:30 p.m. local time October 19, 2016, NMFS is 
reducing 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 45 LCS other than sandbar 
sharks per vessel per trip to 25 LCS other than sandbar sharks per 
vessel per trip. 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 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, then they are exempted from the retention 
limit adjustment.
    All other retention limits and shark fisheries in the Atlantic 
region remain unchanged. This retention limit will remain at 25 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 a fishery closure, is warranted.
    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.

Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for 
Fisheries, NOAA (AA), finds there is good cause to waive prior notice 
and an opportunity for public comment on this action, as notice and 
comment would be impracticable and contrary to the public interest. 
Providing prior notice and an opportunity for comment is impracticable 
because the catch and landings that need to be reduced are ongoing and 
must be reduced immediately to meet conservation and management 
objectives for the fishery. Continued fishing at those levels during 
the time that notice and comment would take place would likely result 
in early closure of the fishery, contrary to the objectives of the 
existing conservation and management measures in place for these 
species. These objectives include providing equitable fishing 
opportunities and ensuring that bycatch and discards are minimized. 
Allowing fishing to continue at the existing rates even for a limited 
time is contrary to these objectives and would thus be impracticable. 
It would also be contrary to the public interest because continued 
catch at the current rates, even for a limited period, could result in 
eventual early quota closures and potential overharvests. The AA also 
finds good cause to waive the 30-day delay in effective date pursuant 
to 5 U.S.C. 553(d)(3) for the same reasons. This action is required 
under Sec.  635.28(b)(2) and is exempt from review under Executive 
Order 12866. NMFS has concluded that reducing the retention limit of 
the Atlantic aggregated LCS and hammerhead management groups for 
directed shark limited access permit holders will slow the fishery 
catch rates to allow the fishery throughout the Atlantic region to 
remain open for the rest of the year.

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

    Dated: October 14, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-25299 Filed 10-14-16; 4:15 pm]
BILLING CODE 3510-22-P