[Federal Register Volume 83, Number 91 (Thursday, May 10, 2018)]
[Rules and Regulations]
[Pages 21744-21745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09945]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 160620545-6999-02]
RIN 0648-XG181


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 2018 fishing season or until NMFS announces via a 
notice 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 May 12, 2018, through the end of the 2018 fishing season on 
December 31, 2018, or until NMFS announces via a notice 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)-(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 approximately 20 percent of the quota and 
are projected to reach 80 percent before the end of the 2018 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 whether to reduce the retention limit for LCS other 
than sandbar sharks, considering 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, 32.7 mt dw or 19 percent of the 168.9 mt 
dw shark quota for the aggregated LCS management group has already been 
landed in the Atlantic region. This means that approximately 80 percent 
of the quota remains. At current landings rates, this quota would be 
expanded by July. These levels this early in the season indicate that 
unless action is taken to slow landings, 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.
    Dealer reports indicate a high level of average daily landings. At 
this level, 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 the ``linked 
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

[[Page 21745]]

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 (82 FR 55512, November 22, 2017) 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, 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 22, 2017 (82 FR 55512), NMFS announced that the 
aggregated LCS and hammerhead shark 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 indicated that if it 
appeared that the aggregated LCS management group quota 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 would consider reducing 
the commercial retention limit for LCS other than sandbar sharks. 
Dealer reports through May 4, 2018, indicate that 32.7 mt dw or 19 
percent of the available quota for the aggregated LCS management group 
has been harvested. If the average landings rate for the aggregated LCS 
management group reflected in the dealer reports continues, landings 
could reach 80 percent of the quota by the beginning of July. Once the 
landings reach 80 percent of the quota, NMFS would close both the 
aggregated LCS and hammerhead management group because they are linked 
under the regulations (Sec.  635.28(b)(3)).
    Accordingly, as of 11:30 p.m. local time May 12, 2018, 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 2018 
fishing season, or until NMFS announces via a notice 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, 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: May 7, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-09945 Filed 5-7-18; 4:15 pm]
 BILLING CODE 3510-22-P