[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Rules and Regulations]
[Pages 60777-60784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25744]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 180517486-8999-02]
RIN 0648-XG263


Atlantic Highly Migratory Species; 2019 Atlantic Shark Commercial 
Fishing Year

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

ACTION: Final rule; fishing season notification.

-----------------------------------------------------------------------

SUMMARY: This final rule establishes the 2019 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 2019 
fishing year based on harvest levels during 2018, and the large coastal 
shark (LCS) retention limits for directed shark limited access permit 
holders. NMFS may increase or decrease these retention limits for 
directed shark limited access permit holders during the year, in 
accordance with existing regulations, 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, 2019. The 2019 Atlantic 
commercial shark fishing year opening dates and quotas are provided in 
Table 1 under SUPPLEMENTARY INFORMATION.

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

FOR FURTHER INFORMATION CONTACT: Lauren Latchford, Chant[eacute] Davis, 
or Karyl Brewster-Geisz 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, and accounting measures for under- and 
overharvests for the shark fisheries. The FMP also established 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 September 11, 2018 (83 FR 45866), NMFS published a proposed rule 
that

[[Page 60778]]

proposed opening all Atlantic commercial shark management groups on 
January 1, 2019. NMFS proposed to start the 2019 commercial shark 
fishing year in the eastern and western Gulf of Mexico sub-regions with 
a retention limit of 36 LCS other than sandbar sharks per vessel per 
trip. In the Atlantic region, NMFS proposed to start the fishing year 
with a retention limit of 25 LCS other than sandbar sharks per vessel 
per trip and adjust the commercial shark retention limit between zero 
and 55 LCS other than sandbar sharks per vessel per trip to ensure 
equitable access to the fishery throughout the year. In addition, NMFS 
proposed quota adjustments to account for underharvest of the Gulf of 
Mexico blacktip shark management group, Gulf of Mexico smoothhound 
shark management group, and Atlantic smoothhound shark management group 
quotas. The proposed rule contains details about the action that are 
not repeated here. The comment period on the proposed rule closed on 
October 11, 2018.
    NMFS received eight written and oral comments regarding the 
proposed opening dates, retention limits, and potential inseason 
retention limit adjustments as it applied to LCS in the Gulf of Mexico 
and Atlantic regions. Those comments, along with the Agency's 
responses, are summarized below. After considering all the comments, 
NMFS is opening the fishing year for all shark management groups on 
January 1, 2019, as proposed. NMFS is changing the retention limit for 
directed shark limited access permit holders in the blacktip, 
aggregated LCS, and hammerhead management groups for the entire Gulf of 
Mexico region to 45 LCS other than sandbar sharks per vessel per trip 
in this final rule. The proposed rule would have set the retention 
limit at 36 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 year 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 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\0\00' 
N.lat. has not changed from the proposed rule and remains at an eight 
blacknose sharks per trip consistent with Sec.  635.24 (a)(4).
    This final rule serves as notification of the 2019 opening date for 
the Atlantic commercial shark fisheries and 2019 retention limits and 
quotas, based on shark landings data updated as of October 15, 2018 and 
criteria set in existing regulations at 50 CFR, Part 635. In setting 
the opening date, NMFS considered the ``opening commercial fishing 
season'' criteria at Sec.  635.27(b)(3). This criteria includes the 
following factors: 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 2019 based on over- and/or underharvests 
that occurred in 2018, consistent with existing regulations, and 
establishes the opening dates for the fisheries. Based on updated 
landings information as of October 15, 2018, only the adjusted blacktip 
quota in the Gulf of Mexico region has changed from the proposed rule. 
All other quotas remain the same as proposed.

Response to Comments

    NMFS received eight 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-XG263. All of the comments received are summarized below.
    Comment 1: NMFS received several comments regarding the proposed 
decrease in the commercial retention limit for the aggregated LCS, 
hammerhead, and blacktip management groups in the eastern and western 
Gulf of Mexico sub-regions. Of those comments, all were opposed to the 
proposed retention limit of 36 aggregated LCS other than sandbar sharks 
per vessel per trip, and noted that NMFS should maintain the retention 
limit at 45 aggregated LCS other than sandbar sharks per vessel per 
trip. The State of Louisiana along with commercial fishermen from the 
western Gulf of Mexico sub-region noted that they preferred keeping the 
retention limit at the default limit of 45 sharks per vessel per trip. 
Commenters prefer to maximize shark landings per trip, regardless of 
the length or timing of the season. NMFS also received comments from 
commercial fishermen in the eastern Gulf of Mexico sub-region that 
stated they also preferred a retention limit of 45 aggregated LCS per 
vessel per trip. Specifically, the fishermen in the eastern Gulf of 
Mexico sub-region noted that because of the consistent regulations over 
the past few years, the market for shark meat has expanded in their 
area. NMFS did not receive any comments in support of the reduction.
    Response: After considering these comments, NMFS has determined 
that the default retention limit of 45 LCS other than sandbar sharks 
per vessel per trip is appropriate and will ensure equitable fishing 
opportunities in both Gulf of Mexico sub-regions, to the extent 
practicable. NMFS originally proposed a lower retention limit in the 
western Gulf of Mexico sub-region with the goal of preserving quota for 
the fishery through April 1, which is when the State of Louisiana 
closes shark fishing in state waters. However, comments from the 
western Gulf of Mexico sub-region, including comments from the State of 
Louisiana, did not support the lower proposed retention and preferred a 
higher retention limit per trip. The State of Louisiana has a default 
limit of 45 LCS including blacktips and hammerheads per trip per vessel 
per day and prefers that the federal limit match the state limit. 
Regarding the eastern Gulf of Mexico sub-region, NMFS proposed the 
lower retention limit to reduce any confusion caused by having two 
separate retention limits in the Gulf of Mexico region. Given public 
comment from both sub-regions, and supporting information from eastern 
Gulf of Mexico fishermen regarding the expanding market for shark meat, 
NMFS will also maintain the default retention limit in the eastern Gulf 
of Mexico sub-region.
    Comment 2: Several commenters supported the proposed opening date 
of January 1, 2019 for the Gulf of Mexico region.
    Response: Given the support for this opening date, NMFS will open 
the Gulf of Mexico blacktip, aggregated LCS, and hammerhead shark 
management groups

[[Page 60779]]

on January 1, 2019, as proposed. NMFS will also open all the other 
shark management groups, including those in the Atlantic region, on 
January 1, 2019, as proposed.
    Comment 3: One commenter expressed concern about adequate 
enforcement of the quotas and retention limits, noting that they feel 
shark populations are being decimated, and requested a closure of all 
shark fisheries.
    Response: NMFS is responsible for managing quotas for the Atlantic 
shark fisheries consistent with the Magnuson-Stevens Act and other 
applicable laws. Based on various stock assessments and best available 
science, NMFS established baseline quotas for various Atlantic shark 
management groups in the 2006 Consolidated HMS FMP and its amendments. 
These baseline quotas were established to prevent overfishing and 
ensure overfished stocks would rebuild within a specified timeframe. 
NMFS adjusts these baseline quotas, as needed, on an annual basis as a 
result of over- or underharvests in previous years. When establishing 
the shark commercial baseline quota, NMFS uses the total allowable 
catch calculated during the stock assessment then subtracts all other 
sources of mortality, including recreational landings, commercial 
discards, post-release mortality, and research set-aside mortality. 
NMFS also takes into account the effects of fishing on essential fish 
habitat, protected resources, and the environment to fulfill 
requirements for the associated FMP amendment along with socioeconomic 
value of these shark species to various groups. The quota is then 
monitored using dealer reports on a weekly basis throughout the year. 
NMFS closes the commercial fishery for any shark management group if 
the landings have reached, or are projected to reach, 80 percent of the 
available overall, regional, and/or sub-regional quota if the fishery's 
landings are not projected to reach 100 percent of the applicable quota 
before the end of the season, or when the quota-linked management group 
is closed. Once the quota is reached, these fishery closures prevent 
overfishing of the relevant stock(s). Since these quotas are based on 
the best scientific information available, NMFS is confident that 
allowing commercial shark fishing in 2019 will not cause shark 
populations to be decimated.
    Regarding the comment about adequate enforcement, 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 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 system monitors data on a weekly basis, and provides 
information on each dealer transaction, including all shark landings to 
the species level, and ensures that quotas are not exceeded. In 
addition, NMFS can verify and detect falsified reporting by dealers and 
fishermen by cross-checking dealer reports to fishermen's logbooks.
    Comment 4: NMFS received comments regarding the Gulf of Mexico 
blacktip shark stock. Specifically, commenters asked for a new Gulf of 
Mexico blacktip shark stock assessment and an increase in the blacktip 
shark quota. Commenters also requested that NMFS combine the Gulf of 
Mexico blacktip shark management group with the aggregated LCS 
management group.
    Response: These comments are outside the scope of this rulemaking. 
The purpose of this rulemaking is to adjust quotas for the 2019 shark 
year based on over- and underharvests from the previous years and set 
opening dates and initial retention limits for the 2019 shark year. 
Issues regarding new baseline quotas, new management units, and the 
timing of stock assessments are not addressed by this rulemaking. NMFS 
did complete an update to the Gulf of Mexico blacktip stock assessment 
in October 2018 (http://sedarweb.org/sedar-29u), and is reviewing the 
results to determine if any changes, such as modifying the various 
management units or changes to the quotas, are needed. Additionally, 
NMFS will be assessing the Atlantic blacktip stock via the SouthEast 
Data, Assessment, and Review process in 2019, and will consider 
appropriate management measures for that stock once the assessment is 
complete.
    Comment 5: NMFS received a comment requesting the division between 
eastern and western Gulf of Mexico sub-regions be moved from 88 to 89 
degrees west longitude.
    Response: This comment is outside the scope of this rulemaking 
because the purpose of this rulemaking is to adjust quotas for the 2019 
shark year based on over- and underharvests from the previous years and 
set opening dates and initial retention limits for the 2019 shark year. 
In Amendment 6 to the 2006 Consolidated HMS FMP, NMFS analyzed, among 
other things, the impacts and justification for a regional management 
boundary to apportion the Gulf of Mexico regional commercial quotas for 
aggregated LCS, and blacktip shark management groups. Based on public 
comments and additional analyses, and after consulting with the HMS 
Advisory Panel, NMFS established a division of the Gulf of Mexico at 
88[deg] W. longitude. The issue of subdividing the Gulf of Mexico 
regional quota is not being re-addressed in this rulemaking.

Changes From the Proposed Rule

    As described above, and as a result of public comment and 
additional analyses, NMFS made changes from the proposed rule. 
Specifically, NMFS changed the retention limit for directed shark 
limited access permit holders at the start of the commercial shark 
fishing year for the blacktip, aggregated LCS, and hammerhead shark 
management groups in the eastern and western Gulf of Mexico sub-regions 
from 36 LCS other than sandbar sharks per vessel per trip to 45 LCS 
other than sandbar sharks per vessel per trip. NMFS changed the 
retention limit after considering public comment and the 2018 landings 
data. NMFS noted in the proposed rule that retention limits might 
change in response to public comment. The default retention limit is 
within the allowable range and consistent with the limits established 
in recent years. NMFS expects that a retention limit of 45 LCS other 
than sandbar sharks per vessel per trip will provide equitable fishing 
opportunities throughout the sub regions, to the extent practicable, 
and retains its discretion to make inseason adjustments to retention 
limits, in accordance with existing regulations and in furtherance of 
the goals and objectives of the 2006 Consolidated HMS FMP and its 
amendments.
    Additionally, based on updated landings information, NMFS changed 
the final blacktip shark quota in both Gulf of Mexico sub-regions. As 
NMFS explained in the proposed rule (83 FR 45866; Sept 11, 2018), shark 
management group quotas in this final rule are based on dealer reports 
received as of mid-October. Specifically, the final adjustments are 
based on updated landings through October 15, 2018. Updated landing 
reports indicate an additional 11.5 metric tons (mt) of blacktip shark 
was landed in the Gulf of Mexico in 2018. Accordingly, the regional 
underharvest for the Gulf of Mexico region is now only 26.9 mt dressed 
weight (dw) (59,355 pounds (lb) dw). Since more blacktip sharks were 
landed, the final adjustment is lower than the proposed adjustment of 
38.4 mt dw (84,702 lb dw).
    Therefore, the sub-regional quota adjustments are also lower than 
the adjustments in the proposed rule. The underharvest is divided 
between the

[[Page 60780]]

two sub-regions, based on the percentages that are allocated to each 
sub-region, which are set forth at Sec.  635.27(b)(1)(ii)(C). The 
western Gulf of Mexico sub-regional baseline quota is being increased 
by 24.3 mt dw (53,538 lb dw), which is a reduction of 10.3 mt dw from 
the proposed rule. Similarly, the eastern Gulf of Mexico sub-regional 
baseline quota is being increased by 2.6 mt dw (5,817 lb dw), which is 
a reduction of 1.1 mt dw from the proposed rule.

2019 Annual Quotas

    This final rule adjusts the 2019 commercial quotas due to 
overharvests and/or underharvests in 2018 and previous fishing years, 
based on landings data through October 15, 2018. The 2018 annual quotas 
by species and management group are summarized in Table 1. Any dealer 
reports that are received by NMFS after October 15, 2018 will be used 
to adjust the 2020 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--2019 Final Adjusted 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.]
                                  ..................  (A)...............  (B)...............  (C)...............  (D)...............  (D + C)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Western Gulf of Mexico..........  Blacktip Sharks...  347.2 mt dw         330.4 mt dw         24.3 mt dw (53,538  231.5 mt dw         255.8 mt dw
                                                       (765,392 lb dw).    (728,314 lb dw).    lb dw) \3\.         (510,261 lb dw).    (563,799 lb dw).
                                  Aggregated Large    72.0 mt dw          92.4 mt dw          ..................  72.0 mt dw          72.0 mt dw
                                   Coastal Sharks.     (158,724 lb dw).    (203,656 lb dw).                        (158,724 lb dw).    (158,724 lb dw).
                                  Hammerhead Sharks.  11.9 mt dw (26,301  11.0 mt dw (24,292  ..................  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...  37.7mt dw (83,158   27.6 mt dw (60,881  2.6 mt dw (5,817    25.1 mt dw (55,439  27.7 mt dw (61,256
                                                       lb dw).             lb dw).             lb dw) \3\.         lb dw).             lb dw).
                                  Aggregated Large    85.5 mt dw          49.7 mt dw          ..................  85.5 mt dw          85.5 mt dw
                                   Coastal Sharks.     (188,593 lb dw).    (109,653 lb dw).                        (188,593 lb dw).    (188,593 lb dw).
                                  Hammerhead Sharks.  13.4 mt dw (29,421  8.4 mt dw (18,555   ..................  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         54.0 mt dw          ..................  112.6 mt dw         112.6 mt dw
                                   Small Coastal       (248,215 lb dw).    (118,968 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         65.2 mt dw          ..................  168.9 mt dw         168.9 mt dw
                                   Coastal Sharks.     (372,552 lb dw).    (143,809 lb dw).                        (372,552 lb dw).    (372,552 lb dw).
                                  Hammerhead Sharks.  27.1 mt dw (59,736  8.3 mt dw (18,328   ..................  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         82.2 mt dw          ..................  264.1 mt dw         264.1 mt dw
                                   Small Coastal       (582,333 lb dw).    (181,149 lb dw).                        (582,333 lb dw).    (582,333 lb dw).
                                   Sharks.
                                  Blacknose Sharks    17.2 mt dw (37,921  4.6 mt dw (10,213   ..................  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       370.4 mt dw         600.9 mt dw         1,201.7 mt dw       1,802.6 mt dw
                                                       (3,973,902 lb dw).  (816,572 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          12.3 mt dw (27,123  ..................  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          42.8 mt dw (94,123  ..................  90.7 mt dw          90.7 mt dw
                                   Research.           (199,943 lb dw).    lb dw).                                 (199,943 lb dw).    (199,943 lb dw).
                                  Blue Sharks.......  273.0 mt dw         < 13.6 mt dw (<     ..................  273.0 mt dw         273.0 mt dw
                                                       (601,856 lb dw).    30,000 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         44.7 mt dw (98,521  ..................  488.0 mt dw         488.0 mt dw
                                   Other Than          (1,075,856 lb dw).  lb dw).                                 (1,075,856 lb dw).  (1,075,856 lb
                                   Porbeagle or Blue.                                                                                  dw).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Landings are from January 1, 2018, through October 15, 2018, 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 final rule would increase the overall Gulf of Mexico blacktip shark quota due to an overall underharvest of 26.9 mt dw (59,355 lb dw) in 2018.
  The overall quota would be split based on percentages that are allocated to each sub-region, as explained in the text.

2019 Atlantic Commercial Shark Fishing Year

    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 (83 FR 45866; September 11, 2018). 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, directed 
shark limited access permit holders fishing on the Gulf of Mexico 
blacktip shark, aggregated LCS, and hammerhead shark management groups 
will start the commercial fishing year at 45 LCS other than sandbar 
sharks per vessel per trip. Directed shark limited access permits 
fishing on the Atlantic aggregated LCS and hammerhead shark management 
groups will start the commercial fishing year 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 Sec.  635.24(a)(8).
    Specifically, in the Atlantic region, NMFS will closely monitor the 
quota at the beginning of the year. If it appears that the quota is 
being harvested too

[[Page 60781]]

quickly to allow fishermen throughout the entire region the 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, potentially to 3 LCS other than sandbar sharks per 
vessel per trip. Given the geographic distribution of the sharks at 
this time of year (i.e., they head north before moving south again 
later in the year), the retention limit would be adjusted to ensure 
there is quota available later in the year (see the criteria at Sec.  
635.24(a)(8)(i), (ii), (v), and (vi)). Then, based on the prior years' 
fishing activity, and to allow more consistent fishing opportunities 
later in the year, NMFS will consider raising the commercial retention 
around July 15, 2019. The specific increase or decrease in retention 
limit depends on a review of the inseason trip limit adjustment 
criteria at Sec.  635.24(a)(8).
    All of the shark management groups will remain open until December 
31, 2019, or until NMFS determines that the landings for any shark 
management group have reached, or are projected to reach, 80 percent of 
the available overall, regional, and/or sub-regional quota, if the 
fishery's landings are not projected to reach 100 percent of the 
applicable quota before the end of the season, or when the quota-linked 
management group is closed. For the blacktip shark management group, 
regulations at Sec.  635.28(b)(5)(i) through (v) authorize NMFS to 
close the management group before landings reach, or are expected to 
reach 80 percent of the available overall, regional, and/or sub-
regional 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 
Atlantic 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. 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. If NMFS determines that a shark 
species or management group must be closed, then NMFS will publish a 
notice in the Federal Register of closure for that shark species, shark 
management group, region, and/or sub-region that will be effective no 
fewer than four days from the date of filing (Sec.  635.28(b)(2) and 
(3)). 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, 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 group    Quota linkages         Opening dates         access permit
                                                                                                     holders
                                                                                                    (inseason
                                                                                                 adjustments are
                                                                                                   available)
----------------------------------------------------------------------------------------------------------------
Eastern Gulf of Mexico........  Blacktip Sharks..  Not Linked.......  January 1, 2019.........  45 LCS other
                                                                                                 than sandbar
                                                                                                 sharks per
                                                                                                 vessel per
                                                                                                 trip.
                                Aggregated Large   Linked...........
                                 Coastal Sharks.
                                Hammerhead Sharks
Western Gulf of Mexico........  Blacktip Sharks..  Not Linked.......  January 1, 2019.........  45 LCS other
                                                                                                 than sandbar
                                                                                                 sharks per
                                                                                                 vessel per
                                                                                                 trip.
                                Aggregated Large   Linked...........
                                 Coastal Sharks.
                                Hammerhead Sharks
Gulf of Mexico................  Non-Blacknose      Not Linked.......  January 1, 2019.........  N/A.
                                 Small Coastal
                                 Sharks.
Atlantic......................  Aggregated Large   Linked...........  January 1, 2019.........  25 LCS other
                                 Coastal Sharks.                                                 than sandbar
                                                                                                 sharks per
                                                                                                 vessel per
                                                                                                 trip.
                                                                                                If quota is
                                                                                                 landed quickly,
                                                                                                 NMFS
                                                                                                 anticipates
                                                                                                 considering an
                                                                                                 inseason
                                                                                                 reduction, and
                                                                                                 later
                                                                                                 considering an
                                                                                                 inseason
                                                                                                 increase around
                                                                                                 July 15, 2019.
                                Hammerhead Sharks
                                Non-Blacknose      Linked (South of   January 1, 2019.........  N/A.
                                 Small Coastal      34[deg] N. lat.
                                 Sharks.            only).
                                Blacknose Sharks   .................  ........................  8 Blacknose
                                 (South of                                                       sharks per
                                 34[deg] N. lat.                                                 vessel per trip
                                 only).                                                          (applies to
                                                                                                 directed and
                                                                                                 incidental
                                                                                                 permit
                                                                                                 holders).
No regional quotas............  Non-Sandbar LCS    Linked...........  January 1, 2019.........  N/A.
                                 Research.
                                Sandbar Shark
                                 Research.
                                Blue Sharks......  Not Linked.......  January 1, 2019.........  N/A.
                                Porbeagle Sharks.
                                Pelagic Sharks
                                 Other Than
                                 Porbeagle or
                                 Blue.
----------------------------------------------------------------------------------------------------------------


[[Page 60782]]

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 
because they contain no implementing regulations.
    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, 2018, 
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 
2019 Atlantic Commercial Shark Season Specifications. NMFS did not 
receive any comments specific to the IRFA or on economics more 
generally.
    Section 604(a)(3) of the RFA requires NMFS to the respond to any 
comments filed by the Chief Counsel for Advocacy of the Small Business 
Administration in response to the proposed rule and provide a detailed 
statement of any change made to the proposed rule as a result of the 
comments. NMFS did not receive any comments from the Chief Counsel for 
Advocacy of the Small Business Administration on the proposed rule.
    Section 604(a)(4) 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, which NMFS did on December 29, 2015 
(80 FR 81194, December 29, 2015). In that 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 2018, the final rule would apply to the approximately 
220 directed commercial shark permit holders, 268 incidental commercial 
shark permit holders, 163 smoothhound shark permit holders, and 108 
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 488 directed and 
incidental commercial shark permit holders, only 24 permit holders 
landed sharks in the Gulf of Mexico region and only 89 landed sharks in 
the Atlantic region. Of the 163 smoothhound shark permit holders, only 
66 permit holders landed smoothhound sharks in the Atlantic region and 
one permit holder 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)(5) 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)(6) 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

[[Page 60783]]

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 landings for any shark management group has 
reached, or is projected to reach, 80 percent of the available overall, 
regional, and/or sub-regional quota if the fishery's landings are not 
projected to reach 100 percent of the applicable quota before the end 
of the season, or when the quota-linked management group is closed. The 
fisheries 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 2017 ex-vessel meat and fin prices (Table 3), fully 
harvesting the unadjusted 2019 Atlantic shark commercial baseline 
quotas could result in total fleet revenues of $7,650,107. For the Gulf 
of Mexico blacktip shark management group, NMFS will increase the 
baseline sub-regional quotas due to the underharvests in 2018. The 
increase for the western Gulf of Mexico blacktip shark management group 
would result in a $43,249 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 $5,339 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 2018. This would cause a potential 
gain in revenue of $281,329 for the fleet in the Gulf of Mexico region 
and a potential gain in revenue of $1,004,973 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.

                Table 3--Average Ex-Vessel Prices per lb dw for Each Shark Management Group, 2017
----------------------------------------------------------------------------------------------------------------
                                                                                    Average ex-     Average ex-
                    Region                                   Species                vessel meat     vessel fin
                                                                                       price           price
----------------------------------------------------------------------------------------------------------------
Western Gulf of Mexico........................  Blacktip Shark..................           $0.51          $11.03
                                                Aggregated LCS..................            0.51           12.51
                                                Hammerhead Shark................            0.67           11.67
Eastern Gulf of Mexico........................  Blacktip Shark..................            0.62            8.22
                                                Aggregated LCS..................            0.43           13.00
                                                Hammerhead Shark................  ..............           12.80
Gulf of Mexico................................  Non-Blacknose SCS...............            0.41            8.37
                                                Smoothhound Shark *.............  ..............  ..............
Atlantic......................................  Aggregated LCS..................            0.95           11.47
                                                Hammerhead Shark................            0.41           13.91
                                                Non-Blacknose SCS...............            0.96            7.33
                                                Blacknose Shark.................            1.05  ..............
                                                Smoothhound Shark...............            0.70            1.63
No Region.....................................  Shark Research Fishery                      0.80           12.40
                                                 (Aggregated LCS).
                                                Shark Research Fishery (Sandbar             0.50           12.40
                                                 only).
                                                Blue shark......................            1.40           11.44
                                                Porbeagle shark.................            1.54            2.82
                                                Other Pelagic sharks............            1.51            2.82
----------------------------------------------------------------------------------------------------------------
* Used Atlantic smoothhound ex-vessel prices for Gulf of Mexico smoothhound ex-vessel prices since there are
  currently no landings of Gulf of Mexico smoothhound 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, to the extent practicable, while also considering the 
ecological needs of the different species. The 2018 fishing year and 
previous years' over- and/or underharvests were examined for the 
different species/complexes to determine the effects of the 2019 final 
quotas on fishermen across regional fishing areas. NMFS examined season 
lengths and previous catch rates to ensure equitable fishing 
opportunities for 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 comment on the proposed rule before 
arriving at the final opening dates for the 2019 Atlantic shark 
management groups. For the 2019 fishing year, NMFS is opening the shark 
management groups on January 1, 2019. 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

[[Page 60784]]

and hammerhead sharks starting in January. The opening date and 
retention limits finalized in this rule for the Atlantic region are the 
same as those for the current year and similar to those for the 2016, 
2017, and 2018 years.
    Based on past public comments, 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. Along with the inseason retention limit adjustment 
criteria in Sec.  635.24(a)(8), NMFS monitors the quota through the HMS 
electronic reporting system on a real-time basis. This allows NMFS the 
flexibility to further provide equitable fishing opportunities for 
fishermen across all regions, to the extent practicable. The direct 
impacts to shark fishermen in the Atlantic region of reducing the 
retention limit depend on the needed reduction in the retention limit 
and the timing of such a reduction. Therefore, such a reduction in the 
retention 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 in January and using inseason trip limit adjustments 
to ensure the fishery is open later in the year in 2019 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 
2019. 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 20, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2018-25744 Filed 11-26-18; 8:45 am]
 BILLING CODE 3510-22-P