[Federal Register Volume 84, Number 63 (Tuesday, April 2, 2019)]
[Rules and Regulations]
[Pages 12524-12526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06369]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180517486-8999-02]
RIN 0648-XG930
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. NMFS is taking this
action after considering the regulatory criteria regarding inseason
adjustments to trip limits. 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 2019 fishing season, unless NMFS announces
another adjustment to the retention limit or a fishery closure with a
separate notification in the Federal Register. 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 April 1, 2019, through the end of the 2019 fishing season on
December 31, 2019, or until NMFS announces via a notification in the
Federal Register another adjustment to the retention limit or a fishery
closure, if warranted.
FOR FURTHER INFORMATION CONTACT: Lauren Latchford 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.).
[[Page 12525]]
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 for hammerhead sharks have reached approximately 24
percent of the quota and are projected to reach 80 percent by July,
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 analyzed 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:
The amount of remaining shark quota in the relevant area,
region, or sub-region, to date, based on dealer reports.
Based on dealer reports, 6.54 mt dw or 24 percent of the 27.1 mt dw
shark quota for the hammerhead shark management group has already been
landed in the Atlantic region. This means that approximately 76 percent
of the quota remains.
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, hammerhead sharks are being harvested too quickly to ensure
fishing opportunities throughout the season. If the current trip limit
is left unchanged, hammerhead sharks would likely be harvested at such
a high rate that there would not be enough hammerhead shark 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, or are projected to reach 80 percent of
the quota, NMFS would have to close the hammerhead shark management
group as well as the linked aggregated LCS management group, as
required by existing regulations. Current catch rates would likely
result in reaching 80 percent by July. A closure 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 groups 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 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.
Given the remaining quota and current catch rates, NMFS has
concluded that the fishery is harvesting the hammerhead shark quota too
quickly to ensure equitable fishing opportunities throughout the
Atlantic. If the current trip limit is left unchanged, hammerhead
sharks would likely be harvested at such a high rate that there would
not be enough hammerhead shark quota remaining to keep the fishery open
year-round. NMFS previously told the regulated community in a Federal
Register notification (83 FR 60777) that a goal of this year's shark
fishery is to ensure year-round shark fishing opportunities, but if the
harvest of hammerhead shark quota is not slowed, we estimate that the
fishery would reach 80 percent by July. Closing the fishery so early
would prevent fishermen from the Northern part of the Atlantic region
from having a reasonable opportunity to harvest the aggregated LCS and
hammerhead quota, because the aggregated LCS and hammerhead management
groups generally have not migrated to that area until later in the
year.
On November 27, 2018 (83 FR 60777), 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 or hammerhead shark management group
quota was 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 March 22, 2019, indicate
that 6.54 mt dw or 24 percent of the available quota for the hammerhead
shark management group has been harvested. If the average landings rate
for the hammerhead shark 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 April 1, 2019, 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 until NMFS announces via
notification 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
[[Page 12526]]
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: March 28, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2019-06369 Filed 3-28-19; 4:15 pm]
BILLING CODE 3510-22-P