[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Rules and Regulations]
[Pages 60776-60777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25790]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150413357-5999-02]
RIN 0648-XG647


Atlantic Highly Migratory Species; Commercial Blacktip Sharks in 
the Eastern Gulf of Mexico Sub-Region; Closure

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is closing the commercial fishery for blacktip sharks in 
the eastern Gulf of Mexico sub-region. This action is necessary 
because, as of reports received by November 16, 2018, the commercial 
landings of blacktip sharks in the eastern Gulf of Mexico sub-region 
for the 2018 fishing season have reached 97 percent of the available 
commercial quota. Therefore, NMFS is closing the blacktip shark fishery 
in the eastern Gulf of Mexico sub-region. This closure will affect 
anyone commercially fishing for blacktip sharks in the eastern Gulf of 
Mexico sub-region.

DATES: The commercial fishery for blacktip sharks in the eastern Gulf 
of Mexico sub-region is closed effective 11:30 p.m. local time November 
25, 2018, until the end of the 2018 fishing season on December 31, 
2018, or until and if NMFS announces via a notice in the Federal 
Register that additional quota is available and the season is reopened.

FOR FURTHER INFORMATION CONTACT: Lauren Latchford or Karyl Brewster-
Geisz 301-427-8503; fax 301-713-1917.

SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed 
under the 2006 Consolidated Highly Migratory Species (HMS) Fishery 
Management Plan (FMP), its amendments, and implementing regulations (50 
CFR part 635) issued under authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.).
    Under Sec.  635.5(b)(1), dealers must electronically submit reports 
on sharks that are first received from a vessel on a weekly basis 
through a NMFS-approved electronic reporting system. Reports must be 
received by no later than midnight, local time, of the first Tuesday 
following the end of the reporting week unless the dealer is otherwise 
notified by NMFS.
    Under Sec.  635.28(b)(2), when NMFS calculates that the landings 
for any species and/or management group that has a non-linked quota has 
reached or is projected to reach a threshold of 80 percent of the 
available quota, NMFS will file for publication, with the Office of the 
Federal Register, a notice of closure for that species and/or 
management group that will be effective no fewer than four days from 
date of filing.
    From the effective date and time of the closure until and if NMFS 
announces, via a notice in the Federal Register, that additional quota 
is available and the season is reopened, the fisheries for all linked 
species and/or management groups and specified non-linked species and/
or management groups are closed, even across fishing years.
    On November 22, 2017 (82 FR 55512), NMFS announced that for 2018, 
the commercial eastern Gulf of Mexico blacktip shark sub-regional quota 
was 37.7 metric tons (mt) dressed weight (dw) (83,158 lb dw). Dealer 
reports received through November 16, 2018, indicate that 97 percent 
(36.7 mt dw) of the available eastern Gulf of Mexico blacktip shark 
sub-regional quota has been landed. Based on these dealer reports, 
landings have exceeded 80 percent of the eastern Gulf of Mexico 
blacktip shark sub-regional quota. Therefore, the blacktip shark 
fishery meets the closure threshold. Accordingly, NMFS is closing the 
blacktip shark fishery in the eastern Gulf of Mexico sub-region as of 
11:30 p.m. local time November 25, 2018.
    All other shark species or management groups in the eastern Gulf of 
Mexico sub-region that are currently open will remain open, including 
the commercial eastern Gulf of Mexico aggregated LCS, eastern Gulf of 
Mexico hammerhead sharks, Gulf of Mexico non-blacknose small coastal 
sharks, blue sharks, smoothhound sharks, and pelagic sharks other than 
porbeagle or blue sharks.
    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

[[Page 60777]]

land to the south and west of that boundary is considered for the 
purposes of monitoring and setting quotas, to be within the Gulf of 
Mexico region. The boundary between the eastern and western Gulf of 
Mexico sub-regions is drawn along 88[deg]00' W long (Sec.  
635.27(b)(1)(ii)).
    During the closure, retention of blacktip sharks in the eastern 
Gulf of Mexico sub-region is prohibited for persons fishing aboard 
vessels issued a commercial shark limited access permit under Sec.  
635.4. However, persons aboard a commercially permitted vessel that is 
also properly permitted to operate as a charter vessel or headboat for 
HMS, has a shark endorsement, and is engaged in a for-hire trip could 
fish under the recreational retention limits for sharks and ``no sale'' 
provisions (Sec.  635.22 (c)). Similarly, persons aboard a commercially 
permitted vessel that possesses a valid shark research permit under 
Sec.  635.32 and has a NMFS-approved observer onboard may continue to 
harvest and sell blacktip sharks in the eastern Gulf of Mexico sub-
region pursuant to the terms and conditions of the shark research 
permit.
    During this closure, a shark dealer issued a permit pursuant to 
Sec.  635.4 may not purchase or receive blacktip sharks in the eastern 
Gulf of Mexico sub-region from a vessel issued an Atlantic shark 
limited access permit (LAP), except that a permitted shark dealer or 
processor may possess blacktip sharks in the eastern Gulf of Mexico 
sub-region that were harvested, off-loaded, and sold, traded, or 
bartered prior to the effective date of the closure and were held in 
storage consistent with Sec.  635.28(b)(6). Additionally, a permitted 
shark dealer or processor may possess blacktip sharks in the eastern 
Gulf of Mexico sub-region that were harvested by a vessel issued a 
valid shark research fishery permit per Sec.  635.32 with a NMFS-
approved observer onboard during the trip the sharks were taken on as 
long as the blacktip research fishery quota remains open. Similarly, a 
shark dealer issued a permit pursuant to Sec.  635.4 may, in accordance 
with relevant state regulations, purchase or receive blacktip sharks in 
the eastern Gulf of Mexico sub-region if the sharks were harvested, 
off-loaded, and sold, traded, or bartered from a vessel that fishes 
only in state waters and that has not been issued an Atlantic Shark 
LAP, HMS Angling permit, or HMS Charter/Headboat permit pursuant to 
Sec.  635.4.

Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for 
Fisheries, NOAA (AA), finds that providing prior notice and public 
comment for this action is impracticable and contrary to the public 
interest because the fishery is currently underway and any delay in 
this action would result in overharvest of the quotas for these species 
and management groups and thus would be inconsistent with fishery 
management requirements and objectives. The regulations implementing 
the 2006 Consolidated HMS FMP and amendments provide for inseason 
retention limit adjustments and fishery closures to respond to the 
unpredictable nature of availability on the fishing grounds, the 
migratory nature of the species, and the regional variations. NMFS is 
not able to give notice sooner nor would sooner notice be practicable 
given the structure of the regulations, which close the fisheries under 
specified regulatory criteria or thresholds, and closure determinations 
need to be based on near real-time data to balance fishing 
opportunities against the management goal of preventing quota 
overharvests. Similarly, affording prior notice and opportunity for 
public comment on this action is contrary to the public interest 
because if a quota is exceeded, the stock may be negatively affected 
and fishermen ultimately could experience reductions in the available 
quota and a lack of fishing opportunities in future seasons. For these 
reasons, the AA also finds good cause to waive the 30-day delay in 
effective date pursuant to 5 U.S.C. 553(d)(3). This action is required 
under Sec.  635.28(b)(2) and is exempt from review under Executive 
Order 12866.

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

    Dated: November 21, 2018.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-25790 Filed 11-21-18; 4:15 pm]
 BILLING CODE 3510-22-P