[Federal Register Volume 82, Number 224 (Wednesday, November 22, 2017)]
[Rules and Regulations]
[Pages 55512-55520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25203]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 170605543-7999-02]
RIN 0648-XF486


Atlantic Highly Migratory Species; 2018 Atlantic Shark Commercial 
Fishing Season

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

ACTION: Final rule; fishing season notification.

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SUMMARY: This final rule establishes the 2018 opening date for all 
Atlantic shark fisheries, including the fisheries in the Gulf of Mexico 
and Caribbean. This final rule also establishes the quotas for the 2018 
fishing season based on over- and/or underharvests experienced during 
2017 and previous fishing seasons. The large coastal shark (LCS) 
retention limit for directed shark limited access permit holders is 45 
LCS other than sandbar sharks per trip in the Gulf of Mexico region and 
25 LCS other than sandbar sharks per trip in the Atlantic region. These 
retention limits for directed shark limited access permit holders may 
decrease or increase during the year after considering the specified 
inseason action regulatory criteria to provide, to the extent 
practicable, equitable fishing opportunities for commercial shark 
fishermen in all regions and areas. These actions could affect fishing 
opportunities for commercial shark fishermen in the northwestern 
Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea.

DATES: This rule is effective on January 1, 2018. The 2018 Atlantic 
commercial shark fishing season opening dates and quotas are provided 
in Table 1 under SUPPLEMENTARY INFORMATION.

ADDRESSES: Highly Migratory Species (HMS) Management Division, 1315 
East-West Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Gu[yacute] DuBeck, Karyl Brewster-
Geisz, or Gray Redding at (301) 427-8503.

SUPPLEMENTARY INFORMATION:

Background

    The Atlantic commercial shark fisheries are managed under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act). The 2006 Consolidated HMS Fishery 
Management Plan (FMP) and its amendments are implemented by regulations 
at 50 CFR part 635. For the Atlantic commercial shark fisheries, the 
2006 Consolidated HMS FMP and its amendments established, among other 
things, commercial shark retention limits, commercial quotas for 
species and management groups, accounting measures for under- and 
overharvests for the shark fisheries, and adaptive management measures 
such as flexible opening dates for the fishing season and inseason 
adjustments to shark trip limits, which provide management flexibility 
in furtherance of equitable fishing opportunities, to the extent 
practicable, for commercial shark fishermen in all regions and areas.
    On August 22, 2017 (82 FR 39735), NMFS published a proposed rule 
for the 2018 opening dates for the Atlantic commercial shark fisheries, 
commercial shark fishing quotas based on shark landings information 
reported as of July 14, 2017, and the commercial shark retention limits 
for each region and sub-region. The August 2017 proposed rule (82 FR 
39735; August 22, 2017) for the 2018 season contains details about the 
action that are not repeated here. The comment period on the proposed 
rule ended on September 21, 2017.
    During the comment period, NMFS received approximately 13 written 
and oral comments on the proposed rule. Those comments, along with the 
Agency's responses, are summarized below. As further detailed in the 
Response to Comments section below, after considering all the comments, 
NMFS is opening the fishing seasons for all shark management groups on 
January 1, 2018, as proposed. For directed shark limited access permit 
holders, the blacktip, aggregated LCS, and hammerhead management groups 
in the entire Gulf of Mexico region will start the fishing season with 
a retention limit of 45 LCS other than sandbar sharks per vessel per 
trip, which is a change from the proposed rule's retention limit of 50 
LCS other than sandbar sharks per vessel per trip. The aggregated LCS 
and hammerhead shark management groups in the Atlantic region will 
start the fishing season with a retention limit of 25 LCS other than 
sandbar sharks per vessel per trip for directed shark limited access 
permit holders, as proposed. The retention limit for incidental shark

[[Page 55513]]

limited access permit holders for all regions has not changed from the 
proposed rule and remains at 3 LCS other than sandbar sharks per trip 
and a combined total of 16 small coastal sharks (SCS) and pelagic 
sharks, combined per trip consistent with Sec.  635.24(a)(3) and (4). 
Additionally, the retention limit for blacknose sharks for all permit 
holders in the Atlantic region south of 34[deg]00' N. lat. has not 
changed from the proposed rule and is 8 blacknose sharks per trip 
consistent with Sec.  635.24 (a)(4).
    This final rule serves as notification of the 2018 opening dates 
for the Atlantic commercial shark fisheries and 2018 retention limits 
and quotas, based on shark landings data updated as of October 23, 
2017, and considering the ``opening commercial fishing season'' 
criteria at Sec.  635.27(b)(3). Criteria considered include available 
annual quotas for the current fishing season, estimated season length 
and average weekly catch rates from previous years, length of the 
season and fishermen participation in past years, impacts to 
accomplishing objectives of the 2006 Consolidated HMS FMP and its 
amendments, temporal variation in behavior or biology of target species 
(e.g., seasonal distribution or abundance), impact of catch rates in 
one region on another, and effects of delayed season openings. While 
this action adjusts certain quotas as allowable, this action does not 
establish or change the annual baseline commercial quotas established 
under the 2006 Consolidated HMS FMP and its amendments for any shark 
management group. The baselines quotas were established under previous 
actions, and any changes to those baseline quotas would be performed 
through a separate action. Rather, this action adjusts the annual 
commercial quotas for 2018 based on over- and/or underharvests that 
occurred in 2017 and previous fishing seasons, consistent with existing 
regulations, and establishes the opening dates for the fisheries. All 
of the shark management group adjusted quotas remain the same as 
proposed.

Response to Comments

    NMFS received approximately 13 written and oral comments on the 
proposed rule from fishermen, dealers, and other interested parties. 
All written comments can be found at http://www.regulations.gov/ by 
searching for RIN 0648-XF486. NMFS received approximately six oral 
comments through phone conversations or at the HMS Advisory Panel 
meeting on September 6, 2017. All of the comments received are 
summarized below.

A. LCS Management Group Comments

    Comment 1: NMFS received comments regarding the proposed opening 
date of January 1 for the western Gulf of Mexico LCS fisheries. Some 
commenters supported the proposed January 1 opening date for both Gulf 
of Mexico sub-regions, while other commenters supported a delayed 
western Gulf of Mexico opening date of January 15 or February 1 to 
coincide with the religious holiday of Lent, which is often associated 
with higher ex-vessel prices.
    Response: After considering public comment and the ``opening 
commercial fishing season'' criteria (Sec.  635.27(b)(3)) described in 
the proposed rule, NMFS has determined that opening the Gulf of Mexico 
blacktip, aggregated LCS, and hammerhead shark management groups on 
January 1, as proposed, will promote equitable fishing opportunities 
throughout the Gulf of Mexico region. In reaching this determination, 
NMFS considered, in particular, the regulatory criterion regarding the 
length of the season in previous years for the different species and/or 
management groups and whether fishermen had been able to participate in 
the fishery in those years (Sec.  635.27(b)(3)(iii)), and found that 
with a January 1 opening date in 2016, the length of the fishing season 
provided all fishermen with equitable fishing opportunities to 
participate in the fishery in 2016. Specifically, in 2016, NMFS opened 
the season on January 1 and closed it on March 12, 2016 (81 FR 12602). 
In other words, in 2016, while the fishery closed before April 1 (which 
is when the State of Louisiana annually plans a state-water closure), 
all fishermen in the sub-region had the same opportunities. In 2017, 
NMFS opened the season on February 1 and closed it on May 2, 2017 (82 
FR 20447). The delayed opening in 2017 allowed Louisiana state-water 
fishermen only two months to fish given the State of Louisiana's annual 
state-water closure from April 1 through June 30; fishermen in other 
parts of the sub-region could continue fishing after April 1. Thus, 
opening the season in January should give all fishermen in the sub-
region a fishing season of equal duration given the State of Louisiana 
closure, and an equitable opportunity to harvest the quota before the 
state-water closure.
    Comment 2: NMFS received comments regarding the proposed change in 
the commercial retention limit for the blacktip, aggregated LCS, and 
hammerhead management groups in the eastern Gulf of Mexico sub-region 
from the default (and current) level of 45 to 50 LCS other than sandbar 
sharks per vessel per trip. NMFS received a comment in support of the 
proposed higher retention limit of 50 LCS other than sandbar sharks per 
vessel per trip and a comment in support of the current retention limit 
of 45 LCS other than sandbar sharks per vessel per trip to ensure the 
season lasts most of the year.
    Response: NMFS has determined that the default retention limit of 
45 LCS other than sandbar sharks per vessel per trip at the start of 
the season will ensure equitable fishing opportunities in the eastern 
Gulf of Mexico sub-region. In the proposed rule, because the management 
groups remained open all of 2016 and because the relevant management 
groups were underharvested in 2016, NMFS proposed a higher trip limit 
(50 LCS other than sandbar sharks per vessel per trip) in order to 
allow fishermen to fully harvest the blacktip, aggregated LCS, and 
hammerhead management group quotas, presuming that future catch rates 
might be expected to be similar. However, as of October 23, 2017, the 
landings in 2017 are higher than at that time in 2016, and NMFS is 
considering whether it will be necessary to close the fishery to avoid 
overharvest of the quota. With the updated information showing an 
increase in the 2017 eastern Gulf of Mexico blacktip, aggregated LCS, 
and hammerhead management group landings, NMFS has decided to start the 
commercial retention limit at 45 LCS other than sandbar sharks per 
vessel per trip. However, NMFS may adjust the retention limit during 
the fishing season as appropriate after considering the relevant 
regulatory criteria.
    Comment 3: NMFS received comments in support the proposed opening 
date of January 1, retention limit, and inseason retention limit 
adjustments for the aggregated LCS and hammerhead management groups in 
the Atlantic region as long as majority of the quota is available later 
in the year.
    Response: After considering the ``opening commercial fishing 
season'' regulatory criteria in light of the comments, which reflected 
support of the proposed opening date, NMFS has decided to open the 
fisheries in the Atlantic region on January 1, as proposed. 
Specifically, on January 1, 2018, the LCS fisheries in the Atlantic 
region will open with a retention limit of 25 LCS other than sandbar 
sharks per vessel per trip for directed shark limited access permit 
holders. The January 1 opening date should allow fishermen in the 
southern and northern portions of the Atlantic region the opportunity 
to fish at the beginning of the year. NMFS will consider further 
adjusting the commercial retention limit during the

[[Page 55514]]

season as appropriate, after considering the applicable criteria, to 
provide all fishermen in the Atlantic region fishing opportunities 
later in the year as well, since the majority of the quota should still 
be available and the majority of fishing occurs later in the year. The 
proposed rule stated that, if it appears that the quota is being 
harvested too quickly to allow fishermen throughout the entire region 
an opportunity to fish, NMFS will consider reducing the commercial 
retention limit after a portion of the quota is harvested (e.g., 20 
percent) and later consider raising the commercial retention limit to 
36 LCS other than sandbar sharks per vessel per trip around July 15 to 
allow greater fishing opportunities later in the year. This is the same 
approach that has been used in 2016 and 2017. Specifically, in 2017, 
NMFS started with a retention limit of 25 LCS other than sandbar sharks 
per vessel per trip on January 1 and then reduced the commercial 
retention to 3 LCS other than sandbar sharks per vessel per trip on 
April 15, 2017 (82 FR 17765; April 13, 2017) when the aggregated LCS 
quota reached 19.5% of the available quota. NMFS increased the 
retention limit to 36 LCS other than sandbar sharks per vessel per trip 
on July 16, 2017 (82 FR 32490; July 14, 2017) and, as of the drafting 
of this final rule, the current fishing season remains open. Thus, 
based on how the most recent previous seasons have operated to date, 
NMFS has determined that a lower retention limit at the start of the 
season will allow NMFS to more easily and closely monitor the quota and 
catch rates in the beginning of the year to help ensure equitable 
fishing opportunities later in the year, while acknowledging that the 
majority of quota generally is harvested later in the year (see the 
criteria listed at Sec.  635.24(a)(8)(iii)).

B. General Comments

    Comment 4: NMFS received several comments in support of the 
proposed rule and more generally in favor of regulating commercial 
shark fishing, while other commenters opposed any regulations that 
allow shark fishing. Commenters who supported the regulation of shark 
fisheries stated the importance of sharks to the ecosystem. However, 
one commenter expressed concern about adequate enforcement of the 
quotas and retention limits including concerns about falsified 
reporting. The commenters who were opposed to the proposed rule 
specifically requested a closure of all shark fisheries; wanted more 
scientific justification of the LCS retention limit change; and were 
concerned about the mortality of prohibited sharks and other bycatch, 
shark finning, and consistency with unspecified provisions in 
international agreements, such as the Convention on International Trade 
in Endangered Species of Wild Fauna and Flora (CITES).
    Response: In this rule, NMFS's goal is to establish quotas for the 
Atlantic shark fisheries based upon the baseline quotas previously 
established in the 2006 Consolidated HMS FMP and its amendments (http://www.nmfs.noaa.gov/sfa/hms/documents/fmp/index.html), and based on 
allowable adjustments as a result of over- or underharvests in 2017 and 
previous years. Generally, when establishing the shark commercial 
baseline quotas, NMFS uses the total allowable catch (TAC) calculated 
during the stock assessment. NMFS then subtracts all other sources of 
mortality, including recreational landings, commercial discards, post-
release mortality, and research set-aside mortality; the remaining 
portion is the commercial baseline quota. In establishing these 
baseline quotas through an FMP amendment, NMFS takes into account the 
fishery impacts on essential fish habitat, protected resources, and the 
environment in general in order to fulfill requirements for the 
associated FMP amendment along with socioeconomic value of these shark 
species to various groups. Thus, the commenter's concern that the 
impacts of fishing for sharks on the environment and other protected 
species have not been properly analyzed nor considered are not 
warranted.
    Regarding the comment about adequate enforcement and falsified 
reporting, NMFS takes enforcement of these regulations seriously. If 
suspected illegal activities are observed in any fishery and/or region, 
specific information regarding such incidents can be reported to NOAA 
Office of Law Enforcement Division (http://www.nmfs.noaa.gov/ole/) 
through the national enforcement hotline at 1-800-853-1964. All 
commercial shark landings and quotas are monitored with the HMS 
electronic dealer reporting system, which has been in use since 2013. 
This improvement in commercial quota monitoring technology and the 
weekly reporting provides more information on each dealer transaction, 
including all shark landings to the species level, and ensures that 
quotas are not exceeded. Overall, this improvement helps with 
monitoring of commercial landings of all shark species and with closing 
management groups in an efficient and timely manner. In addition, NMFS 
can verify and detect falsified reporting by dealers and fishermen by 
cross-checking dealer reports to fishermen's logbooks.
    Regarding comments that requested a closure of all sharks fisheries 
or that raised concerns regarding the scientific justification of the 
range of allowable retention limits adopted in an earlier rulemaking 
(Amendment 6 to the 2006 Consolidated HMS FMP) and the mortality of 
prohibited sharks and other bycatch, the comments are outside the scope 
of this rulemaking because the purpose of this rulemaking is to adjust 
quotas for the 2018 shark seasons based on over- and underharvests from 
the previous years and set opening dates and commercial retention 
limits for the 2018 shark seasons. The quotas and general management 
measures were established in previous rulemakings, which were the final 
rules to implement Amendment 2 to the 2006 Consolidated HMS FMP (73 FR 
35778, June 24, 2008; corrected on 73 FR 40658; July 15, 2008), 
Amendment 5a to the 2006 Consolidated HMS FMP (78 FR 40318; July 3, 
2013), Amendment 6 to the 2006 Consolidated HMS FMP (80 FR 50073; 
August 18, 2015), Amendment 9 to the 2006 Consolidated HMS FMP (80 FR 
73128; November 24, 2015), and Amendment 5b to the 2006 Consolidated 
HMS FMP (82 FR 16478; April 4, 2017). In Amendment 6 to the 2006 
Consolidated HMS FMP, NMFS analyzed, among other things, the impacts 
and justification for increasing the LCS retention limit to a maximum 
of 55 LCS other than sandbar sharks per vessel per trip. In Amendment 
5b to the 2006 Consolidated HMS FMP, NMFS implemented management 
measures to end overfishing of dusky sharks, which is a prohibited 
species, and clarified the annual catch limits (ACLs) for the 
prohibited shark species complex. Management of the Atlantic shark 
fisheries is based on the best available science to achieve optimum 
yield while rebuilding overfished shark stocks and preventing 
overfishing.
    Regarding the concerns about shark finning, the United States by 
federal law has prohibited shark finning since 2000. The Shark Finning 
Prohibition Act of 2000 amended the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) to prohibit any 
person under U.S. jurisdiction from engaging in the finning of sharks, 
possessing shark fins aboard a fishing vessel without the corresponding 
carcass, or landing shark fins without the corresponding carcass. Since 
2008 in Atlantic HMS fisheries and then in 2011 nationally via the 
Shark Conservation Act, fishermen have been required to land sharks 
with fins

[[Page 55515]]

naturally attached, with one narrow exception related to smooth dogfish 
so long as certain requirements are met (see Amendment 9 to the 2006 
Consolidated HMS FMP).
    Regarding the concerns about violating international agreements, 
NMFS management of the Atlantic shark fisheries is undertaken 
consistent with applicable international agreements and both 
international and domestic legal requirements are considered in our 
development of FMPs. NMFS continues to work with the International 
Commission for the Conservation of Atlantic Tunas (ICCAT) and other 
international entities such as CITES to appropriately and effectively 
manage the stocks throughout their range. Although the commenter did 
not specify the international agreement provisions about which they 
were concerned, there are no international agreement provisions that 
would directly affect the actions undertaken in this rulemaking related 
to LCS and SCS quotas, allocations, or fishing mortality levels. NMFS 
will continue to work with the international community to promote 
conservation in fisheries that span international jurisdictions.

Changes From the Proposed Rule

    NMFS made one change to the proposed rule. Specifically, NMFS 
changed the retention limit for directed shark limited access permit 
holders at the start of the commercial shark fishing season for the 
blacktip, aggregated LCS, and hammerhead shark management groups in the 
eastern Gulf of Mexico region from 50 LCS other than sandbar sharks per 
vessel per trip to 45 LCS other than sandbar sharks per vessel per 
trip. As explained above, NMFS changed the retention limit after 
considering the ``opening commercial fishing season'' criteria (Sec.  
635.27(b)(3)), public comment, and the 2017 landings data in order to 
promote equitable fishing opportunities throughout the sub-region. We 
clearly noted in the proposed rule that retention limits might change 
in response to public comment, and this level is within the allowable 
range and consistent with the range established in recent years. Thus, 
the regulated community had sufficient notice of this possible change 
between the proposed and final rule.

2018 Annual Quotas

    This final rule adjusts the 2018 commercial quotas due to over- 
and/or underharvests in 2017 and previous fishing seasons, based on 
landings data through October 23, 2017. The 2018 annual quotas by 
species and management group are summarized in Table 1. Any dealer 
reports that are received by NMFS after October 23, 2017, will be used 
to adjust the 2019 quotas, if necessary. A description of the quota 
calculations is provided in the proposed rule and is not repeated here. 
Any changes are described in the ``Changes from the Proposed Rule'' 
section.

                                              Table 1--2018 Annual Quotas for the Atlantic Shark Fisheries
               [All quotas and landings are dressed weight (dw), in metric tons (mt), unless specified otherwise. 1 mt dw = 2,204.6 lb dw]
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                                                                                                                                          2018 Final
      Region or  sub-region        Management group    2017 Annual quota   Preliminary 2017     Adjustments \2\      2018 Baseline      adjusted annual
                                                                             landings \1\                            annual quota            quota
                                  ..................  (A)...............  (B)...............  (C)...............  (D)...............  (D + C)
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Western Gulf of Mexico..........  Blacktip Sharks...  331.6 mt dw         206.6 mt dw         115.7 mt dw         231.5 mt dw         347.2 mt dw
                                                       (730,425 lb dw).    (455,535 lb dw).    (255,131 lb dw)     (510,261 lb dw).    (765,392 lb dw).
                                                                                               \3\.
                                  Aggregated Large    72.0 mt dw          65.8 mt dw          ..................  72.0 mt dw          72.0 mt dw
                                   Coastal Sharks.     (158,724 lb dw).    (145,115 lb dw).                        (158,724 lb dw).    (158,724 lb dw).
                                  Hammerhead Sharks.  11.9 mt dw (26,301  2.5 mt dw (5,490    ..................  11.9 mt dw (26,301  11.9 mt dw (26,301
                                                       lb dw).             lb dw).                                 lb dw).             lb dw).
Eastern Gulf of Mexico..........  Blacktip Sharks...  36.0 mt dw (79,359  24.9 mt dw (54,918  12.6 mt dw (27,719  25.1 mt dw (55,439  37.7 mt dw (83,158
                                                       lb dw).             lb dw).             lb dw) \3\.         lb dw).             lb dw).
                                  Aggregated Large    85.5 mt dw          57.6 mt dw          ..................  85.5 mt dw          85.5 mt dw
                                   Coastal Sharks.     (188,593 lb dw).    (127,022 lb dw).                        (188,593 lb dw).    (188,593 lb dw).
                                  Hammerhead Sharks.  13.4 mt dw (29,421  6.8 mt dw (15,059   ..................  13.4 mt dw (29,421  13.4 mt dw (29,421
                                                       lb dw).             lb dw).                                 lb dw).             lb dw).
Gulf of Mexico..................  Non-Blacknose       112.6 mt dw         49.4 mt dw          ..................  112.6 mt dw         112.6 mt dw
                                   Small Coastal       (248,215 lb dw).    (108,965 lb dw).                        (248,215 lb dw).    (248,215 lb dw).
                                   Sharks.
                                  Smoothhound Sharks  504.6 mt dw         0 mt dw (0 lb dw).  168.2 mt dw         336.4 mt dw         504.6 mt dw
                                                       (1,112,441 lb dw).                      (370,814 lb dw).    (741,627).          (1,112,441 lb
                                                                                                                                       dw).
Atlantic........................  Aggregated Large    168.9 mt dw         104.4 mt dw         ..................  168.9 mt dw         168.9 mt dw
                                   Coastal Sharks.     (372,552 lb dw).    (230,205 lb dw).                        (372,552 lb dw).    (372,552 lb dw).
                                  Hammerhead Sharks.  27.1 mt dw (59,736  7.9 mt dw (17,448   ..................  27.1 mt dw (59,736  27.1 mt dw (59,736
                                                       lb dw).             lb dw).                                 lb dw).             lb dw).
                                  Non-Blacknose       264.1 mt dw         92.9 mt dw          ..................  264.1 mt dw         264.1 mt dw
                                   Small Coastal       (582,333 lb dw).    (204,851 lb dw).                        (582,333 lb dw).    (582,333 lb dw).
                                   Sharks.
                                  Blacknose Sharks    17.2 mt dw (37,921  7.0 mt dw (15,344   ..................  17.2 mt dw (37,921  17.2 mt dw (37,921
                                   (South of 34[deg]   lb dw).             lb dw).                                 lb dw).             lb dw).
                                   N. lat. only).
                                  Smoothhound Sharks  1,802.6 mt dw       337.5 mt dw         600.9 mt dw         1,201.7 mt dw       1,802.6 mt dw
                                                       (3,973,902 lb dw).  (744,146 lb dw).    (1,324,634 lb dw).  (2,649,268 lb dw).  (3,973,902 lb
                                                                                                                                       dw).
No regional quotas..............  Non-Sandbar LCS     50.0 mt dw          12.2 mt dw (26,913  ..................  50.0 mt dw          50.0 mt dw
                                   Research.           (110,230 lb dw).    lb dw).                                 (110,230 lb dw).    (110,230 lb dw).
                                  Sandbar Shark       90.7 mt dw          45.8 mt dw          ..................  90.7 mt dw          90.7 mt dw
                                   Research.           (199,943 lb dw).    (100,982 lb dw).                        (199,943 lb dw).    (199,943 lb dw).

[[Page 55516]]

 
                                  Blue Sharks.......  273.0 mt dw         < 2.3 mt dw (<      ..................  273.0 mt dw         273.0 mt dw
                                                       (601,856 lb dw).    5,000 lb dw).                           (601,856 lb dw).    (601,856 lb dw).
                                  Porbeagle Sharks..  1.7 mt dw (3,748    0 mt dw (0 lb dw).  ..................  1.7 mt dw (3,748    1.7 mt dw (3,748
                                                       lb dw).                                                     lb dw).             lb dw).
                                  Pelagic Sharks      488.0 mt dw         91.5 mt dw          ..................  488.0 mt dw         488.0 mt dw
                                   Other Than          (1,075,856 lb dw).  (201,822 lb dw).                        (1,075,856 lb dw).  (1,075,856 lb
                                   Porbeagle or Blue.                                                                                  dw).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Landings are from January 1, 2017, through October 23, 2017, and are subject to change.
\2\ Underharvest adjustments can only be applied to stocks or management groups that are not overfished and have no overfishing occurring. Also, the
  underharvest adjustments cannot exceed 50 percent of the baseline quota.
\3\ This adjustment accounts for underharvest in 2017. This final rule increases the overall Gulf of Mexico blacktip shark quota by 128.3 mt dw (282,850
  lb dw). Since any underharvest is divided based on the sub-regional quota percentage split, the western Gulf of Mexico blacktip shark quota is
  increased by 115.7 mt dw, or 90.2 percent of the underharvest, while the eastern Gulf of Mexico blacktip shark quota is increased by 12.6 mt dw, or
  9.8 percent of the underharvest.

Fishing Season Notification for the 2018 Atlantic Commercial Shark 
Fishing Seasons

    NMFS considered the seven ``opening commercial fishing season'' 
criteria listed in Sec.  635.27(b)(3), as discussed above and as 
described in the proposed rule (82 FR 39735; August 22, 2017). These 
include, among other things: The available annual quotas based on any 
over- and/or underharvests experienced during the previous seasons; the 
estimated season length based on available quotas and catch rates from 
previous years; the length of the season in the previous years and 
whether fishermen were able to participate in the fishery in those 
years; and the effects of catch rates in one part of a region 
precluding vessels in another part of that region from having a 
reasonable opportunity to harvest a portion of the different species 
and/or management quotas.
    Regarding the LCS retention limit, as shown in Table 2, for 
directed shark limited access permit holders, the Gulf of Mexico 
blacktip shark, aggregated LCS, and hammerhead shark management groups 
will start the commercial fishing season at 45 LCS other than sandbar 
sharks per vessel per trip, and the Atlantic aggregated LCS and 
hammerhead shark management groups will start the commercial fishing 
season at 25 LCS other than sandbar sharks per vessel per trip. These 
retention limits could be changed throughout the year based on 
consideration of the inseason trip limit adjustment criteria at 50 CFR 
635.24(a)(8). In the Atlantic region specifically, as described above, 
NMFS will closely monitor the quota at the beginning of the year. If it 
appears that either the quota for the Atlantic aggregated LCS or the 
hammerhead shark management groups is being harvested too quickly to 
allow fishermen throughout the entire region an opportunity to fish 
(e.g., if approximately 20 percent of the quota is caught at the 
beginning of the year), NMFS will consider reducing the commercial 
retention limit, then consider raising it later in the season. Based on 
prior years' fishing activity, to allow more consistent fishing 
opportunities later in the year, NMFS anticipates considering raising 
the commercial retention limit to the default limit of 36 LCS other 
than sandbar sharks per vessel per trip around July 15, 2018.
    All of the shark management groups will remain open until December 
31, 2018, or until NMFS determines that the fishing season landings for 
any shark management group has reached, or is projected to reach, 80 
percent of the available quota; however, consistent with Sec.  
635.28(b)(5), NMFS may close the Gulf of Mexico blacktip shark 
management group before landings reach, or are expected to reach, 80 
percent of the quota. Additionally, NMFS has previously established 
non-linked and linked quotas; linked quotas are explicitly designed to 
concurrently close multiple shark management groups that are caught 
together to prevent incidental catch mortality from exceeding the total 
allowable catch. The linked and non-linked quotas are shown in Table 2. 
NMFS will file for publication with the Office of the Federal Register 
a notice of closure for that shark species, shark management group 
including any linked quotas, and/or region that will be effective no 
fewer than 5 days from date of filing. From the effective date and time 
of the closure until NMFS announces, via the publication of a notice in 
the Federal Register, that additional quota is available and the season 
is reopened, the fisheries for the shark species or management group 
are closed, even across fishing years.

 Table 2--Quota Linkages, Season Opening Dates, and Commercial Retention Limit by Regional or Sub-Regional Shark
                                                Management Group
----------------------------------------------------------------------------------------------------------------
                                                                                    Commercial retention limits
                                                                                    for directed shark limited
    Region or  sub-region         Management     Quota linkages   Season opening       access permit holders
                                    group                             dates          (inseason adjustments are
                                                                                            available)
----------------------------------------------------------------------------------------------------------------
Eastern Gulf of Mexico.......  Blacktip Sharks  Not Linked.....  January 1, 2018  45 LCS other than sandbar
                                                                                   sharks per vessel per trip.
                               Aggregated       Linked.........
                                Large Coastal
                                Sharks.

[[Page 55517]]

 
                               Hammerhead
                                Sharks.
Western Gulf of Mexico.......  Blacktip Sharks  Not Linked.....  January 1, 2018  45 LCS other than sandbar
                                                                                   sharks per vessel per trip.
                               Aggregated       Linked.........
                                Large Coastal
                                Sharks.
                               Hammerhead
                                Sharks.
Gulf of Mexico...............  Non-Blacknose    Not Linked.....  January 1, 2018  N/A.
                                Small Coastal
                                Sharks.
Atlantic.....................  Aggregated       Linked.........  January 1, 2018  25 LCS other than sandbar
                                Large Coastal                                      sharks per vessel per trip.
                                Sharks.                                           [If quota is landed quickly
                                                                                   (e.g., if approximately 20
                                                                                   percent of quota is caught at
                                                                                   the beginning of the year),
                                                                                   NMFS anticipates considering
                                                                                   an inseason reduction (e.g.,
                                                                                   to 3 or fewer LCS other than
                                                                                   sandbar sharks per vessel per
                                                                                   trip), and later considering
                                                                                   an inseason increase to 36
                                                                                   LCS other than sandbar sharks
                                                                                   per vessel per trip around
                                                                                   July 15, 2018]
                               Hammerhead
                                Sharks.
                               Non-Blacknose    Linked (South    January 1, 2018  N/A.
                                Small Coastal    of 34[deg] N.
                                Sharks.          lat. only).
 
                               Blacknose
                                Sharks (South
                                of 34[deg] N.
                                lat. only).
No regional quotas...........  Non-Sandbar LCS  Linked.........  January 1, 2018  N/A.
                                Research.
                               Sandbar Shark
                                Research.
                               Blue Sharks....  Not Linked.....  January 1, 2018  N/A.
                               Porbeagle
                                Sharks.
                               Pelagic Sharks
                                Other Than
                                Porbeagle or
                                Blue.
----------------------------------------------------------------------------------------------------------------

Classification

    The NMFS Assistant Administrator has determined that the final rule 
is consistent with the 2006 Consolidated HMS FMP and its amendments, 
other provisions of the Magnuson-Stevens Act, and other applicable law.
    This final rule is exempt from review under Executive Order 12866.
    In compliance with section 604 of the Regulatory Flexibility Act 
(RFA), NMFS prepared a Final Regulatory Flexibility Analysis (FRFA) for 
this final rule. The FRFA analyzes the anticipated economic impacts of 
the final actions and any significant economic impacts on small 
entities. The FRFA is below.
    Section 604(a)(1) of the RFA requires an explanation of the purpose 
of the rulemaking. The purpose of this final rulemaking is, consistent 
with the Magnuson-Stevens Act and the 2006 Consolidated HMS FMP and its 
amendments, to establish the 2018 Atlantic commercial shark fishing 
quotas, retention limits, and fishing seasons. Without this rule, the 
Atlantic commercial shark fisheries would close on December 31, 2017, 
and would not reopen until another action was taken. This final rule 
will be implemented according to the regulations implementing the 2006 
Consolidated HMS FMP and its amendments. Thus, NMFS expects few, if 
any, economic impacts to fishermen other than those already analyzed in 
the 2006 Consolidated HMS FMP and its amendments. While there may be 
some direct negative economic impacts associated with the opening dates 
for fishermen in certain areas, there could also be positive effects 
for other fishermen in the region. The opening dates were chosen to 
allow for an equitable distribution of the available quotas among all 
fishermen across regions and states, to the extent practicable.
    Section 604(a)(2) of the RFA requires NMFS to summarize significant 
issues raised by the public in response to the Initial Regulatory 
Flexibility Analysis (IRFA), provide a summary of NMFS' assessment of 
such issues, and provide a statement of any changes made as a result of 
the comments. The IRFA was done as part of the proposed rule for the 
2018 Atlantic Commercial Shark Season Specifications. NMFS did not 
receive any comments specific to the IRFA. However, NMFS received 
comments related to the overall economic impacts of the proposed rule, 
and those comments and NMFS' assessment of and response to them are 
summarized previously in the preamble (see Comment 1). As described in 
the responses to those comments relating to the season opening dates, 
consistent with Sec.  635.27(b)(3), the opening date for all of the 
commercial shark fisheries will be implemented as proposed (January 1, 
2018).

[[Page 55518]]

    Section 604(a)(3) of the RFA requires NMFS to provide an estimate 
of the number of small entities to which the rule would apply. The 
Small Business Administration (SBA) has established size criteria for 
all major industry sectors in the United States, including fish 
harvesters. Provision is made under SBA's regulations for an agency to 
develop its own industry-specific size standards after consultation 
with Advocacy and an opportunity for public comment (see 13 CFR 
121.903(c)). Under this provision, NMFS may establish size standards 
that differ from those established by the SBA Office of Size Standards, 
but only for use by NMFS and only for the purpose of conducting an 
analysis of economic effects in fulfillment of the agency's obligations 
under the RFA. To utilize this provision, NMFS must publish such size 
standards in the Federal Register (FR), which NMFS did on December 29, 
2015 (80 FR 81194, December 29, 2015). In this final rule effective on 
July 1, 2016, NMFS established a small business size standard of $11 
million in annual gross receipts for all businesses in the commercial 
fishing industry (NAICS 11411) for RFA compliance purposes (80 FR 
81194, December 29, 2015). NMFS considers all HMS permit holders to be 
small entities because they had average annual receipts of less than 
$11 million for commercial fishing.
    As of October 2017, the final rule would apply to the approximately 
222 directed commercial shark permit holders, 269 incidental commercial 
shark permit holders, 148 smoothhound shark permit holders, and 113 
commercial shark dealers. Not all permit holders are active in the 
fishery in any given year. Active directed commercial shark permit 
holders are defined as those with valid permits that landed one shark 
based on HMS electronic dealer reports. Of the 491 directed and 
incidental commercial shark permit holders, only 36 permit holders 
landed sharks in the Gulf of Mexico region and only 97 landed sharks in 
the Atlantic region. Of the 148 smoothhound shark permit holders, only 
77 permit holders landed smoothhound sharks in the Atlantic region and 
none landed smoothhound sharks in the Gulf of Mexico region. NMFS has 
determined that the final rule would not likely affect any small 
governmental jurisdictions.
    Section 604(a)(4) of the RFA requires NMFS to describe the 
projected reporting, recordkeeping, and other compliance requirements 
of the final rule, including an estimate of the classes of small 
entities which would be subject to the requirements of the report or 
record. None of the actions in this final rule would result in 
additional reporting, recordkeeping, or compliance requirements beyond 
those already analyzed in the 2006 Consolidated HMS FMP and its 
amendments.
    Section 604(a)(5) of the RFA requires NMFS to describe the steps 
taken to minimize the economic impact on small entities, consistent 
with the stated objectives of applicable statutes. Additionally, the 
RFA (5 U.S.C. 603(c)(1)-(4)) lists four general categories of 
``significant'' alternatives that would assist an agency in the 
development of significant alternatives that would accomplish the 
stated objectives of applicable statutes and minimize any significant 
economic impact of the rule on small entities. These categories of 
alternatives are: (1) Establishment of differing compliance or 
reporting requirements or timetables that take into account the 
resources available to small entities; (2) clarification, 
consolidation, or simplification of compliance and reporting 
requirements under the rule for such small entities; (3) use of 
performance rather than design standards; and (4) exemptions from 
coverage of the rule, or any part thereof, for small entities.
    In order to meet the objectives of this rule, consistent with the 
Magnuson-Stevens Act, NMFS cannot exempt small entities or change the 
reporting requirements only for small entities because all the entities 
affected are small entities. Thus, there are no alternatives discussed 
that fall under the first, second, and fourth categories described 
above. NMFS does not know of any performance or design standards that 
would satisfy the aforementioned objectives of this rulemaking while, 
concurrently, complying with the Magnuson-Stevens Act; therefore, there 
are no alternatives considered under the third category.
    This rulemaking does not establish management measures to be 
implemented, but rather implements previously adopted and analyzed 
measures as adjustments, as specified in the 2006 Consolidated HMS FMP 
and its amendments and the Environmental Assessment (EA) for the 2011 
shark quota specifications rule (75 FR 76302; December 8, 2010). Thus, 
in this rulemaking, NMFS adjusted the baseline quotas established and 
analyzed in the 2006 Consolidated HMS FMP and its amendments by 
subtracting the underharvest or adding the overharvest, as specified 
and allowable in existing regulations. Under current regulations (Sec.  
635.27(b)(2)), all shark fisheries close on December 31 of each year, 
or when NMFS determines that the fishing season landings for any shark 
management group has reached, or is projected to reach, 80 percent of 
the available quota, and do not open until NMFS takes action, such as 
this rulemaking to re-open the fisheries. Thus, not implementing these 
management measures would negatively affect shark fishermen and related 
small entities, such as dealers, and also would not provide management 
flexibility in furtherance of equitable fishing opportunities, to the 
extent practicable, for commercial shark fishermen in all regions and 
areas.
    Based on the 2016 ex-vessel price, fully harvesting the unadjusted 
2018 Atlantic shark commercial baseline quotas could result in total 
fleet revenues of $7,779,285 (see Table 3). For the Gulf of Mexico 
blacktip shark management group, NMFS will increase the baseline sub-
regional quotas due to the underharvests in 2017. The increase for the 
western Gulf of Mexico blacktip shark management group would result in 
a $218,647 gain in total revenues for fishermen in that sub-region, 
while the increase for the eastern Gulf of Mexico blacktip shark 
management group would result in a $32,902 gain in total revenues for 
fishermen in that sub-region. For the Gulf of Mexico and Atlantic 
smoothhound shark management groups, NMFS will increase the baseline 
quotas due to the underharvest in 2017. This would cause a potential 
gain in revenue of $581,718 for the fleet in the Gulf of Mexico region 
and a potential gain in revenue of $1,084,557 for the fleet in the 
Atlantic region.
    All of these changes in gross revenues are similar to the changes 
in gross revenues analyzed in the 2006 Consolidated HMS FMP and its 
amendments. The FRFAs for those amendments concluded that the economic 
impacts on these small entities are expected to be minimal. In the 2006 
Consolidated HMS FMP and its amendments and the EA for the 2011 shark 
quota specifications rule, NMFS stated it would be conducting annual 
rulemakings and considering the potential economic impacts of adjusting 
the quotas for under- and overharvests at that time.

[[Page 55519]]



                Table 3--Average Ex-Vessel Prices per lb dw for Each Shark Management Group, 2016
----------------------------------------------------------------------------------------------------------------
                                                                                    Average ex-     Average ex-
                Region                                   Species                    vessel meat     vessel fin
                                                                                       price           price
----------------------------------------------------------------------------------------------------------------
Western Gulf of Mexico................  Blacktip Shark..........................           $0.56          $11.00
                                        Aggregated LCS..........................            0.52           11.06
                                        Hammerhead Shark........................            0.83           11.08
Eastern Gulf of Mexico................  Blacktip Shark..........................            0.89           10.67
                                        Aggregated LCS..........................            0.56           11.23
                                        Hammerhead Shark........................            0.25           15.95
Gulf of Mexico........................  Non-Blacknose SCS.......................            0.38            8.68
                                        Smoothhound Shark.......................            1.50            1.91
Atlantic..............................  Aggregated LCS..........................            0.79            5.54
                                        Hammerhead Shark........................            0.38            5.73
                                        Non-Blacknose SCS.......................            0.71            2.92
                                        Blacknose Shark.........................            0.98            2.92
                                        Smoothhound Shark.......................            0.75            1.91
No Region.............................  Shark Research Fishery (Aggregated LCS).            0.70            9.47
                                        Shark Research Fishery (Sandbar only)...            0.68            9.47
                                        Blue shark..............................            0.75            3.58
                                        Porbeagle shark *.......................            1.54            3.58
                                        Other Pelagic sharks....................            1.54            3.58
----------------------------------------------------------------------------------------------------------------
* Used other pelagic shark ex-vessel prices for porbeagle sharks ex-vessel prices since there currently are no
  landings of porbeagle sharks.

    For this final rule, NMFS reviewed the ``opening commercial fishing 
season'' criteria at Sec.  635.27(b)(3)(i) through (vii) to determine 
when opening each fishery will provide equitable opportunities for 
fishermen while also considering the ecological needs of the different 
species. Over- and/or underharvests of 2017 and previous fishing season 
quotas were examined for the different species/complexes to determine 
the effects of the 2018 final quotas on fishermen across regional 
fishing areas. The potential season lengths and previous catch rates 
were examined to ensure that equitable fishing opportunities would be 
provided to fishermen. Lastly, NMFS examined the seasonal variation of 
the different species/complexes and the effects on fishing 
opportunities. In addition to these criteria, NMFS also considered 
updated landings data and public comments on the proposed rule before 
arriving at the final opening dates for the 2018 Atlantic shark 
management groups. For the 2018 fishing season, NMFS is opening the 
shark management groups on January 1, 2018. The direct and indirect 
economic impacts will be neutral on a short- and long-term basis for 
the Gulf of Mexico blacktip shark, Gulf of Mexico aggregated LCS, Gulf 
of Mexico hammerhead shark, Gulf of Mexico non-blacknose shark SCS, 
Atlantic non-blacknose shark SCS, Atlantic blacknose shark, sandbar 
shark, blue shark, porbeagle shark, and pelagic shark (other than 
porbeagle or blue sharks) management groups, because NMFS did not 
change the opening dates of these fisheries from the status quo of 
January 1.
    Opening the aggregated LCS and hammerhead shark management groups 
in the Atlantic region on January 1 will result in short-term, direct, 
moderate, beneficial economic impacts, as fishermen and dealers in the 
southern portion of the Atlantic region will be able to fish for and 
sell aggregated LCS and hammerhead sharks starting in January. These 
fishermen will be able to fish earlier in the 2018 fishing season 
compared to the 2010, 2011, 2012, 2014, and 2015 fishing seasons, which 
did not start until June or July. The opening date and retention limits 
finalized in this rule for the Atlantic region are the same as those 
for the current season and similar to those for the 2016 and 2017 
seasons. For both 2016 and 2017, the fishery remained open all year 
with some modifications to the retention limit throughout the year.
    Based on public comment on past season rules, some Atlantic 
fishermen in the southern and northern parts of the region prefer a 
January 1 opening for the fishery as long as the majority of the quota 
is available later in the year. With the implementation of the HMS 
electronic reporting system in 2013, NMFS now monitors the quota on a 
more real-time basis compared to the paper reporting system that was in 
place before 2013. This ability, along with the inseason retention 
limit adjustment criteria in Sec.  635.24(a)(8), allows NMFS the 
flexibility to further provide equitable fishing opportunities for 
fishermen across all regions, to the extent practicable. Depending on 
how quickly the quota is being harvested, as was done in 2016 and 2017, 
NMFS will consider reducing the commercial retention limit, then 
consider raising it later in the season to ensure that fishermen 
farther north have sufficient quota for a fishery later in the 2018 
fishing season. The direct impacts to shark fishermen in the Atlantic 
region of reducing the trip limit depend on the needed reduction in the 
trip limit and the timing of such a reduction. Therefore, such a 
reduction in the trip limit for directed shark limited access permit 
holders is only anticipated to have minor adverse direct economic 
impacts to fishermen in the short-term; long-term impacts are not 
anticipated as these reductions would not be permanent.
    In the northern portion of the Atlantic region, a January 1 opening 
for the aggregated LCS and hammerhead shark management groups, with 
inseason trip limit adjustments to ensure quota is available later in 
the season, will have direct, minor, beneficial economic impacts in the 
short-term for fishermen as they will potentially have access to the 
aggregated LCS and hammerhead shark quotas earlier than in past 
seasons. Fishermen in this area have stated that, depending on the 
weather, some aggregated LCS species might be available to retain in 
January. Thus, fishermen will be able to target or retain aggregated 
LCS while targeting non-blacknose SCS. There will be indirect, minor, 
beneficial economic impacts in the short- and long-term for shark 
dealers and other entities that deal with shark products in this region 
as they will also have access to aggregated LCS products earlier than 
in past seasons. Thus, opening the aggregated LCS and hammerhead shark 
management groups

[[Page 55520]]

in January and using inseason trip limit adjustments to ensure the 
fishery is open later in the year in 2018 will cause beneficial 
cumulative economic impacts, because it allows for a more equitable 
distribution of the quotas among constituents in this region, 
consistent with the 2006 Consolidated HMS FMP and its amendments.
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, NMFS has prepared a listserv summarizing 
fishery information and regulations for Atlantic shark fisheries for 
2018. This listserv also serves as the small entity compliance guide. 
Copies of the compliance guide are available from NMFS (see ADDRESSES).

    Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.

    Dated: November 15, 2017.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2017-25203 Filed 11-21-17; 8:45 am]
BILLING CODE 3510-22-P