[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)]
[Proposed Rules]
[Pages 9255-9257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04430]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

RIN 0648-XF947


Atlantic Highly Migratory Species; Shortfin Mako Shark Management 
Measures

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

ACTION: Notice of Intent (NOI) to prepare an Environmental Impact 
Statement (EIS); request for comments.

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SUMMARY: NMFS announces the availability of an Issues and Options 
document and its intent to prepare an EIS under the National 
Environmental Policy Act (NEPA) analyzing impacts of potential new 
management measures for shortfin mako sharks. Such measures would be 
implemented through rulemaking to address overfishing and to implement, 
as necessary and appropriate, measures adopted by the International 
Commission for the Conservation of Atlantic Tunas (ICCAT) (ICCAT 
Recommendation 17-08) in response to the 2017 shortfin mako shark stock 
assessment. Based on that assessment, NMFS determined that North 
Atlantic shortfin mako sharks were overfished and experiencing 
overfishing in December 2017. Management alternatives considered would 
be to meet NMFS's obligations related to ending overfishing and 
establishing a foundation for rebuilding the shortfin mako shark stock 
consistent with the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) and the Atlantic Tunas Convention 
Act (ATCA). Scoping is underway for this action, and NMFS requests 
comments on a preliminary Issues and Options document that presents 
range of commercial and recreational management measures, in both 
directed and incidental fisheries, including, but not limited to, 
commercial and recreational retention limits, quota levels, minimum 
size limits, gear modifications, and electronic reporting.

DATES: Four scoping meetings and a conference call will be held from 
March through May 2018. See SUPPLEMENTARY INFORMATION for meeting and 
call dates and locations. Scoping comments must be received no later 
than 5 p.m., local time, on May 7, 2018.

ADDRESSES: You may submit comments on the Issues and Options document, 
identified by NOAA-NMFS-2018-0011, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0011, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Randy Blankinship, NMFS/
SF1, 1315 East-West Highway, National Marine Fisheries Service, SSMC3, 
Silver Spring, MD 20910.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and generally will be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Copies of the 2018 shortfin mako shark Issues and Options document 
and supporting documents are available from the HMS Management Division 
website at https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species or constituents can contact Gu[yacute] DuBeck by 
phone at 301-427-8503 for hard copies. Copies of the 2017 ICCAT 
Standing Committee on Research and Statistics (SCRS) shortfin mako 
shark benchmark stock assessment can be found online at http://iccat.int/Documents/Meetings/Docs/2017_SCRS_REP_ENG.pdf.

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

SUPPLEMENTARY INFORMATION: 

Background

    NMFS manages the Atlantic shark fisheries through the 2006 
Consolidated Atlantic HMS Fishery Management Plan and its amendments as 
required under the Magnuson-Stevens Act. ICCAT manages sharks caught in 
association with ICCAT species (tuna and tuna-like species) throughout 
the Atlantic and the adjacent seas, and NMFS implements ICCAT measures 
as necessary and appropriate under ATCA.
    The North Atlantic shortfin mako shark (Isurus oxyrinchus) is a 
highly migratory species that ranges across the entire North Atlantic 
Ocean and is

[[Page 9256]]

caught by numerous countries. These sharks are a small but valued 
component of U.S. recreational and commercial shark fisheries. In 
recent years, U.S. catch has represented only approximately 11 percent 
of the total catch of the species in the North Atlantic by all 
reporting countries. International measures are, therefore, critical to 
the species' effective conservation and management.
    In August 2017, ICCAT's SCRS conducted a new benchmark stock 
assessment on the North Atlantic shortfin mako stock. At its November 
2017 annual meeting, ICCAT accepted this stock assessment and 
determined the stock to be overfished with overfishing occurring. On 
December 13, 2017, based on this assessment, NMFS issued a status 
determination finding the stock to be overfished and experiencing 
overfishing using domestic criteria. The assessment specifically 
indicated that biomass (B2015) is substantially less than 
the biomass at maximum sustainable yield (BMSY) for eight of 
the nine models used for the assessment (B2015/
BMSY = 0.57-0.85). In the ninth model, spawning stock 
fecundity (SSF) was less than SSFMSY (SSF2015/
SSFMSY = 0.95). Additionally, the assessment indicated that 
fishing mortality (F2015) was greater than FMSY 
(1.93-4.38), with a combined 90-percent probability from all models 
that the population is overfished with overfishing occurring.
    The 2017 assessment estimated that total North Atlantic shortfin 
mako catches across all ICCAT parties are currently between 3,600 and 
4,750 mt per year, and that total catches would have to be at 1,000 mt 
or below (72-79 percent reductions) to prevent further population 
declines and that catches of 500 t or less currently are expected to 
stop overfishing and begin to rebuild the stock. The projections 
indicate that a total allowable catch of 0 mt would produce a greater 
than 50 percent probability of rebuilding the stock by the year 2040, 
which is approximately equal to one mean generation time. Research 
indicates that post-release survival rates of Atlantic shortfin mako 
sharks are high (70 percent); however, the assessment could not 
determine if requiring live releases alone would reduce landings 
sufficiently to end overfishing and rebuild the stock.

ICCAT Recommendation 17-08

    Based on the stock assessment information, ICCAT adopted new 
management measures for Atlantic shortfin mako (Recommendation 17-08) 
at its annual meeting in November 2017. The United States must 
implement those measures as necessary and appropriate under ATCA. These 
measures largely focus on maximizing live releases of Atlantic shortfin 
mako sharks, allowing retention only in certain limited circumstances, 
increasing minimum size limits, and improving data collection in ICCAT 
fisheries. In November 2018, ICCAT will review the catches from the 
first six months of 2018 and decide whether these measures should be 
modified. In 2019, the SCRS will evaluate the effectiveness of these 
measures in ending overfishing and beginning to rebuild the stock. SCRS 
will also provide rebuilding information that reflects rebuilding 
timeframes of at least two mean generation times. Also in 2019, ICCAT 
will establish a rebuilding program that will have a high probability 
of avoiding overfishing and rebuilding the stock to BMSY 
within a timeframe that takes into account the biology of the stock.

2018 Shortfin Mako Shark Interim Final Rule

    Consistent with these requirements, NMFS published an interim final 
rule using emergency Magnuson-Stevens Act authority to temporarily and 
immediately implement the following measures: (1) Commercial fishermen 
on vessels deploying pelagic longline gear must release all live 
shortfin mako sharks and can only retain a shortfin mako shark if it is 
dead at haulback, (2) commercial fishermen using gear other than 
pelagic longline commercial gear (e.g., bottom longline, gillnet, 
handgear, etc.) must release all shortfin mako sharks, whether they are 
dead or alive, and (3) recreational fishermen must release any shortfin 
mako sharks smaller than the minimum size of 83 inches fork length 
(FL). The interim final rule expires on August 29, 2018, and may be 
extended for an additional 186 days under the Magnuson-Stevens Act 
provisions.

Request for Comments

    Both commercial and recreational fishing activities interact with 
and as allowable have retained shortfin mako sharks. Under the interim 
final rule, commercial fishermen with a limited access commercial shark 
permit may retain shortfin mako sharks caught on pelagic longline gear 
provided the shark was dead at haulback. Shortfin mako sharks caught on 
any other commercial gear type may not be retained. Similarly, under 
the interim final rule, vessels with an HMS Angling or Charter/Headboat 
permit may retain one shortfin mako shark greater than the minimum size 
of 83 inches FL per vessel.
    NMFS anticipates changes to shark management as a result of the 
2017 shortfin mako shark stock assessment through the rulemaking 
process and requests comments on potential future management options 
for this action. NMFS prepared an Issues and Options paper detailing 
potential management measures to meet its ATCA and Magnuson-Stevens Act 
obligations and to address overfishing of and begin rebuilding shortfin 
mako sharks. The Issues and Options paper is available online at the 
HMS website: https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species. Potential management measures in the Issues and 
Options paper include commercial and recreational fishing requirements. 
Four scoping meetings and a conference call will be held (see Table 2 
for meeting times and locations) to provide the opportunity for public 
comment on potential shortfin mako shark management measures. These 
comments will be used to assist in the development of the upcoming 
amendment to the 2006 Consolidated Atlantic HMS FMP.

                  Table 1--Time and Locations of the Four Scoping Meetings and Conference Call
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              Date                          Time                   Meeting location            Meeting address
----------------------------------------------------------------------------------------------------------------
March 15, 2018..................  4-8 p.m................  Panama City, FL................  National Marine
                                                                                             Fisheries Service,
                                                                                            Southeast Fisheries
                                                                                             Science Center,
                                                                                            3500 Delwood Beach
                                                                                             Road,
                                                                                            Panama City, FL
                                                                                             32408.
March 21, 2018..................  4-8 p.m................  Manteo, NC.....................  Commissioners
                                                                                             Meeting Room,
                                                                                            Dare County
                                                                                             Administration
                                                                                             Building,
                                                                                            954 Marshall C.
                                                                                             Collins Dr.,
                                                                                            Manteo, NC 27954.

[[Page 9257]]

 
April 4, 2018...................  2-4 p.m................  Conference Call................  To participate in
                                                                                             the conference
                                                                                             call, please call:
                                                                                             (800) 779-3136.
                                                                                             Passcode: 9421185.
                                                                                            To participate in
                                                                                             the webinar, RSVP
                                                                                             at: https://noaaevents2.webex.com/noaaevents2/onstage/g.php?MTID=e0e45a6863a2dec162452b2b6240ef3e3 0ef3e3, A
                                                                                             confirmation email
                                                                                             with webinar log-in
                                                                                             information will be
                                                                                             sent after RSVP is
                                                                                             registered.
April 12, 2018..................  4-8 p.m................  Manahawkin, NJ.................  Stafford Branch
                                                                                             Public Library,
                                                                                            129 North Main St.,
                                                                                            Manahawkin, NJ
                                                                                             08050.
April 19, 2018..................  5-8 p.m................  Gloucester, MA.................  National Marine
                                                                                             Fisheries Service,
                                                                                            Greater Atlantic
                                                                                             Regional Office,
                                                                                            55 Great Republic
                                                                                             Dr.,
                                                                                            Gloucester, MA
                                                                                             01930.
----------------------------------------------------------------------------------------------------------------

    The public is reminded that NMFS expects participants at public 
scoping meetings and on conference calls to conduct themselves 
appropriately. At the beginning of the scoping meetings and conference 
call, a representative of NMFS will explain the ground rules (e.g., all 
comments are to be directed to the Agency; attendees will be called to 
give their comments in the order in which they registered to speak; 
each attendee will have an equal amount of time to speak; and attendees 
should not interrupt one another). The meeting locations will be 
physically accessible to people with disabilities. Requests for sign 
language interpretation or other auxiliary aids should be directed to 
Gu[yacute] DuBeck at 301-427-8503, at least 7 days prior to the 
meeting. A NMFS representative will attempt to structure the meeting so 
that all attending members of the public will be able to comment if 
they so choose, regardless of the controversial nature of the subject 
matter. If attendees do not respect the ground rules they will be asked 
to leave the scoping meeting or conference call.
    Because the rulemakings overlap for some gear types, the public 
scoping meetings being held in Panama City, FL, Manteo, NC, and 
Manahawkin, NJ will be held in conjunction with public scoping meetings 
for pelagic longline bluefin tuna area-based and weak hook management. 
The shortfin mako shark management measure presentation will likely be 
given first unless polling of the audience indicates another approach 
is appropriate. After each presentation, public comment for that issue 
will be received. Meeting attendees interested in this issue are 
encouraged to show up at the beginning of the meeting to help determine 
the order of the presentations. The second presentation will not start 
any later than 6 p.m.
    In addition to the four scoping meetings and conference call, NMFS 
has requested to present the issues and options document to the five 
Atlantic Regional Fishery Management Councils (the New England, Mid-
Atlantic, South Atlantic, and Gulf of Mexico Fishery Management 
Councils) and the Atlantic and Gulf States Marine Fisheries Commissions 
during the public comment period. Please see the Councils' and 
Commissions' spring meeting notices for times and locations.
    Based on the 2017 shortfin mako shark stock assessment, 
implementation of new management measures via an amendment to the 2006 
Consolidated HMS FMP is necessary to address overfishing and rebuild 
the stock. NMFS anticipates completing this amendment and any related 
documents in early 2019.

    Dated: February 28, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-04430 Filed 3-1-18; 8:45 am]
 BILLING CODE 3510-22-P