[Federal Register Volume 82, Number 83 (Tuesday, May 2, 2017)]
[Rules and Regulations]
[Pages 20447-20449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08833]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 160620545-6999-02]
RIN 0648-XF211


Atlantic Highly Migratory Species; Commercial Blacktip Sharks, 
Aggregated Large Coastal Sharks, and Hammerhead Sharks in the Western 
Gulf of Mexico Sub-Region; 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 commercial fishery for blacktip sharks, 
aggregated large coastal sharks (LCS) and hammerhead shark management 
groups in the western Gulf of Mexico sub-region. This action is 
necessary because the commercial landings of aggregated LCS in the 
western Gulf of Mexico sub-region for the 2017 fishing season exceeded 
80 percent of the available commercial quota as of April 26, 2017, and 
the aggregated LCS and hammerhead shark management groups are quota-
linked under the regulations. The blacktip shark fishery in the western 
Gulf of Mexico sub-region will be closed to minimize regulatory 
discards of aggregate LCS in the western Gulf of Mexico sub-region, 
which are often caught in conjunction with blacktip sharks in the 
commercial shark fisheries. This closure will affect anyone 
commercially fishing for sharks in the western Gulf of Mexico sub-
region.

DATES: The commercial fishery for blacktip sharks, aggregated LCS and 
hammerhead shark management groups in the western Gulf of Mexico sub-
region are closed effective 11:30 p.m. local time May 2, 2017 until the 
end of the 2017 fishing season on December 31, 2017, 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: Lauren Latchford 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. Under Sec.  635.28(b)(4), the quotas of certain 
species and/or management groups are linked. If quotas are linked, when 
the specified quota threshold for one management group or species is 
reached and that management group or species is closed, the linked 
management group or species closes at the same time (Sec.  
635.28(b)(3)). The quotas for aggregated LCS and the hammerhead shark 
management groups in the western Gulf of Mexico sub-region are linked 
(Sec.  635.28(b)(4)(iii)). The blacktip shark quota in the western Gulf 
of Mexico sub-region is not linked to the aggregated LCS or hammerhead 
shark quotas. Regulations at Sec.  635.28(b)(2) and Sec.  635.28(b)(5) 
authorize the closure of the blacktip shark fishery in the Gulf of 
Mexico at a regional or sub-regional level when landings have reached 
or are expected to reach 80 percent of the quota or, after considering 
certain criteria and relevant factors, before those situations occur.
    Under Sec.  635.28(b)(2) and Sec.  635.28(b)(3), when NMFS 
calculates that the landings for any species and/or management group of 
either a non-linked or a linked group have reached or are projected to 
reach a threshold of 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 of either a 
non-linked or 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 and specified non-
linked species and/or management groups are closed, even across fishing 
years.
    On November 23, 2016 (81 FR 84491), NMFS announced that for 2017, 
the commercial western Gulf of Mexico blacktip shark sub-regional quota 
was 331.6 metric tons (mt) dressed weight (dw) (730,425 lb dw), the 
western Gulf of Mexico aggregated LCS sub-regional quota was 72.0 mt dw 
(158,724 lb dw), and the western Gulf of Mexico

[[Page 20448]]

hammerhead shark sub-regional quota was 11.9 mt dw (26,301 lb dw). 
Dealer reports received through April 26, 2017, indicate that 62.7 mt 
dw or 87 percent of the available western Gulf of Mexico aggregated LCS 
sub-regional quota has been landed, that 2.5 mt dw or 21 percent of the 
available western Gulf of Mexico hammerhead shark sub-regional quota 
has been landed, and that 203.9 mt dw or 61 percent of the available 
western Gulf of Mexico blacktip shark sub-regional quota has been 
landed. Based on these dealer reports, limits specified for a closure 
notice in the regulations for the aggregated LCS and hammerhead shark 
management groups in the western Gulf of Mexico sub-region have been 
reached. Accordingly, NMFS is closing the commercial aggregated LCS and 
hammerhead management groups in the western Gulf of Mexico sub-region 
as of 11:30 p.m. local time May 2, 2017.
    Regarding blacktip sharks in the western Gulf of Mexico sub-region, 
regulations at Sec.  635.28(b)(5)(i)-(v) authorize the closure of the 
blacktip shark fishery before landings reach, or are expected to reach, 
80 percent of the quota after considering the following criteria and 
other relevant factors: season length based on available sub-regional 
quota and average sub-regional catch rates; variability in regional 
and/or sub-regional seasonal distribution, abundance, and migratory 
patterns; effects on accomplishing the objectives of the 2006 
Consolidated HMS FMP and its amendments; amount of remaining shark 
quotas in the relevant sub-region; and regional and/or sub-regional 
catch rates of the relevant shark species or management groups. NMFS 
considered all of these criteria with respect to blacktip sharks in the 
western Gulf of Mexico sub-region, and in particular, considered sub-
regional distribution and abundance (Sec.  635.28(b)(5)(ii)) and sub-
regional catch rates (Sec.  635.28(b)(5)(v)). The directed shark 
fisheries in the western Gulf of Mexico sub-region exhibit a mixed 
species composition, with a high abundance and distribution of 
aggregated LCS caught in conjunction with blacktip sharks. As a result, 
NMFS believes that closing the aggregated LCS and hammerhead shark 
management groups while leaving only the blacktip shark fishery open in 
the western Gulf of Mexico sub-region could cause large numbers of 
regulatory discards of aggregated LCS species. Such discards could 
hinder the management goals and interfere with accomplishing the 
objectives of the 2006 Consolidated HMS FMP and its amendments (Sec.  
635.28(b)(5)(iii)), which include preventing overfishing while 
achieving on a continuing basis optimum yield and rebuilding overfished 
shark stocks. Such discards would also be contrary to National Standard 
9, which requires that management measures minimize bycatch and bycatch 
mortality, particularly if the discards are dead and are of overfished 
species. A single closure for the blacktip, aggregated LCS, and 
hammerhead management groups in the western Gulf of Mexico sub-region 
would minimize regulatory discards, and help prevent overfishing, of 
aggregated LCS in the western Gulf of Mexico sub-region, consistent 
with the Magnuson-Stevens Fishery Conservation and Management Act and 
the criteria at Sec.  635.28(b)(5). Accordingly, NMFS is closing the 
commercial blacktip shark fishery in the western Gulf of Mexico sub-
region as of 11:30 p.m. local time May 2, 2017.
    All other shark species or management groups in the western Gulf of 
Mexico sub-region that are currently open will remain open, including 
the commercial Gulf of Mexico non-blacknose small coastal sharks (SCS), 
blue sharks, smoothhound sharks, and pelagic sharks other than 
porbeagle or blue.
    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. lat, 
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. The boundary between 
the western and eastern Gulf of Mexico sub-regions is drawn along 
88[deg] 00' W. long. (Sec.  635.27(b)(1)(ii)).
    During the closure, retention of blacktip sharks, aggregated LCS, 
and/or hammerhead sharks management groups in the western Gulf of 
Mexico sub-region is prohibited for persons fishing aboard vessels 
issued a commercial shark limited access permit 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 
(c)). Similarly, persons aboard a commercially permitted vessel that 
possesses a valid shark research permit under Sec.  635.32 and has a 
NMFS-approved observer onboard may continue to harvest and sell 
blacktip sharks, aggregated LCS, and/or hammerhead sharks in the 
western Gulf of Mexico sub-region pursuant to the terms and conditions 
of the shark research permit.
    During this closure, a shark dealer issued a permit pursuant to 
Sec.  635.4 may not purchase or receive blacktip sharks, aggregated 
LCS, and/or hammerhead sharks in the western Gulf of Mexico sub-region 
from a vessel issued an Atlantic shark limited access permit (LAP), 
except that a permitted shark dealer or processor may possess blacktip 
sharks, aggregated LCS, and/or hammerhead sharks in the western Gulf of 
Mexico sub-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). Additionally, a permitted 
shark dealer or processor may possess blacktip sharks, aggregated LCS, 
and/or hammerhead sharks in the western Gulf of Mexico sub-region that 
were harvested by a vessel issued a valid shark research fishery permit 
per Sec.  635.32 with a NMFS-approved observer onboard during the trip 
the sharks were taken on as long as the LCS research fishery quota 
remains open. Similarly, a shark dealer issued a permit pursuant to 
Sec.  635.4 may, in accordance with relevant state regulations, 
purchase or receive blacktip sharks, aggregated LCS, and/or hammerhead 
sharks in the western Gulf of Mexico sub-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 an Atlantic 
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 fishery is currently underway and any delay in 
this action would result in overharvest of the quotas for these species 
and management groups and be inconsistent with management requirements 
and objectives. The regulations implementing the 2006 Consolidated HMS 
FMP and amendments provide for inseason retention limit adjustments and 
fishery closures to respond to the unpredictable nature of availability 
on the fishing grounds, the migratory nature of the species, and the 
regional variations. NMFS is not able to give notice sooner nor would 
sooner notice be practicable given the structure of the regulations, 
which require closure of the fishery at a certain quota percentage

[[Page 20449]]

threshold, and that that threshhold needs to be determined based on 
near real-time data to balance fishing opportunities against the 
management goal of preventing quota overharvests. Similarly, affording 
prior notice and opportunity for public comment on this action is 
contrary to the public interest because if a 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)(3) and 
Sec.  635.28(b)(5) and is exempt from review under Executive Order 
12866.

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

    Dated: April 26, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-08833 Filed 4-27-17; 4:15 pm]
BILLING CODE 3510-22-P