[Federal Register Volume 82, Number 70 (Thursday, April 13, 2017)]
[Rules and Regulations]
[Pages 17765-17767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07495]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 160620545-6999-02]
RIN 0648-XF347


Atlantic Highly Migratory Species; Commercial Aggregated Large 
Coastal Shark and Hammerhead Shark Management Groups 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 25 LCS other than sandbar sharks per vessel per trip to 3 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 3 LCS other 
than sandbar sharks per vessel per trip in the Atlantic region through 
the rest of the 2017 fishing season or until NMFS announces via a 
notification in the Federal Register another adjustment to the 
retention limit or a fishery closure is warranted. This retention limit 
adjustment will affect anyone with a directed shark limited access 
permit fishing for LCS in the Atlantic region.

DATES: This retention limit adjustment is effective at 11:30 p.m. local 
time April 15, 2017 through the end of the 2017 fishing season on 
December 31, 2017, or until NMFS announces via a notification in the 
Federal Register another adjustment to the retention limit or a fishery 
closure, if warranted.

FOR FURTHER INFORMATION CONTACT: Lauren Latchford, 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) through (vi). After 
considering these criteria as discussed below, we have 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 have reached 20 percent of the quota and are projected 
to reach 80 percent before the end of the 2017 fishing season, NMFS is 
reducing the commercial Atlantic aggregated LCS and hammerhead shark 
retention limit from 25 to 3 LCS other than sandbar per vessel per 
trip.
     NMFS considered the inseason retention limit adjustment 
criteria listed in Sec.  635.24(a)(8), which includes (broken down by 
bullet points): The amount of remaining shark quota in the relevant 
area, region, or sub-region, to date, based on dealer reports.
    Based on dealer reports, 32.9 mt dw or 19.5 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 80 
percent of

[[Page 17766]]

the quota remains. These levels this early in the season indicate that 
the quota is being harvested too quickly and 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 relevant shark species/complexes in 
the region or sub-region, to date, based on dealer reports.
    Based on the average catch rate of landings data from dealer 
reports, the amount of aggregated LCS harvested on a daily basis is 
high. While fishermen are landing sharks within their per-trip limit of 
25 fish per trip on a given day, they are making multiple trips a day 
that overall result in high numbers of aggregated LCS being caught 
rapidly throughout the fishery. This daily average catch rate means 
that aggregated LCS are being harvested too quickly to ensure 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 there would not be enough aggregated LCS quota remaining to keep 
the fishery open year-round, precluding equitable fishing opportunities 
for the entire Atlantic region.
     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 the quota, NMFS would have to 
close the aggregated LCS management group as well as any other 
management group with ``linked quotas'' such as the hammerhead shark 
management group. Current catch rates would likely result in reaching 
this limit by the beginning of July. A closure so early in the year 
would preclude fishing opportunities in the Atlantic region 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 25 to 3 LCS 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.
     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. 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 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.
    Based on dealer reports, and given NMFS' notice to the regulated 
community (81 FR 84491) that a goal of this year's fishery was to 
ensure 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, we estimate that the 
fishery would close by the beginning of July. Closing the fishery so 
early 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 November 23, 2016 (81 FR 84491), NMFS announced 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. In that final rule, NMFS also announced that if it 
appeared that the quota is being harvested too quickly, 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 reduce the commercial retention limit to 3 LCS other 
than sandbar sharks. Dealer reports through April 6, 2017, indicate 
that 32.9 mt dw or 19.5 percent of the available quota for the 
aggregated LCS fishery has been harvested. If the average catch rate 
indicated by these reports continues, the landings could reach 80 
percent of the quota by the beginning of July. Once the landings reach 
80 percent of the quota, consistent with Sec.  635.28(b)(3) (``linked 
quotas''), NMFS would close any species and/or management group of a 
linked group.
    Accordingly, as of 11:30 p.m. local time April 15, 2017, 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 25 LCS other than sandbar 
sharks per vessel per trip to 3 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 3 LCS 
other than sandbar sharks per vessel per trip for the rest of the 2017 
fishing season, or until NMFS announces via a notification in the 
Federal Register another adjustment to the retention limit or 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 takes place would result in the much 
of the quota being landed and could result in a very early closure of 
the fishery, contrary to the objectives of the existing conservation 
and management measures in place for those species. These objectives 
include ensuring that fishing opportunities are equitable and 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, if the quota continues to be caught at the 
current levels, the quota will not last throughout the remainder of the 
fishing season and a large number of fishermen would be denied the 
opportunity to land sharks from the quota. Furthermore, continued catch 
at the current rates, even for a limited period,

[[Page 17767]]

could result in eventual quota overharvests, since it is still so early 
in the fishing year. 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: April 10, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-07495 Filed 4-10-17; 4:15 pm]
 BILLING CODE 3510-22-P