[Federal Register Volume 84, Number 122 (Tuesday, June 25, 2019)]
[Rules and Regulations]
[Pages 29808-29810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13483]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150413357-5999-02]
RIN 0648-XT003


Atlantic Highly Migratory Species; Commercial Aggregated Large 
Coastal Shark and Hammerhead Shark Management Group 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 3 LCS other than sandbar sharks per vessel per trip to 36 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 36 LCS other 
than sandbar sharks per vessel per trip in the Atlantic region through 
the rest of the 2019 fishing season or until NMFS announces via a 
notice in the Federal Register another adjustment to the retention 
limit or a fishery closure. This retention limit adjustment affects 
anyone with a directed shark limited access permit fishing for LCS in 
the Atlantic region.

DATES: This retention limit adjustment is effective on June 25, 2019, 
through December 31, 2019, 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.).
    Atlantic shark fisheries have separate regional (Gulf of Mexico and 
Atlantic) quotas for all management groups except those for blue shark, 
porbeagle shark, pelagic sharks (other than porbeagle or blue sharks), 
and the shark research fishery for LCS and sandbar 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 
land to the north and east of that boundary is considered, for the 
purposes of setting and monitoring quotas, to be within the Atlantic 
region. This inseason action only affects the aggregated LCS and 
hammerhead shark management groups in the Atlantic region.
    Under Sec.  635.24(a)(8), NMFS may adjust the commercial retention 
limits in the shark fisheries during the fishing season. Before making 
any adjustment, NMFS must consider specified regulatory criteria (see 
Sec.  635.24(a)(8)(i) through (vi)). After considering these criteria 
as discussed below, NMFS has concluded that increasing the retention 
limit of the Atlantic aggregated LCS and hammerhead management groups 
for directed shark limited access permit holders in the Atlantic region 
will allow use of available aggregated LCS and hammerhead shark 
management group quotas and will provide fishermen throughout the 
region equitable fishing opportunities for the rest of the year. 
Therefore, NMFS is increasing the commercial Atlantic aggregated LCS 
and hammerhead shark retention limit in the Atlantic region from 3 to 
36 LCS other than sandbar shark per vessel per trip.
    NMFS considered the inseason retention limit adjustment criteria 
listed at Sec.  635.24(a)(8)(i) through (vi), 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 through June 14, 2019, approximately 12 
percent, or 19.7 metric tons (mt) dressed weight (dw) (43,409 lb dw) of 
the 168.9 mt dw shark quota for aggregated LCS and approximately 31 
percent, or 8.4 mt dw (18,465 lb dw) of the 27.1 mt dw shark quota for 
the hammerhead management groups have been harvested in the Atlantic 
region. This means that

[[Page 29809]]

approximately 88 percent of the aggregated LCS quota, and approximately 
69 percent of the hammerhead shark quota remains available. NMFS took 
action previously this year to reduce retention rates after considering 
the relevant inseason adjustment criteria, particularly the need for 
all regions to have an equitable opportunity to utilize the quota. 
Given the geographic distribution of the sharks at this time of year 
(i.e., they are heading north before moving south again later in the 
year), the retention limit is being adjusted upwards to ensure that 
fishermen in the Atlantic region have an opportunity to fully utilize 
the quotas in the region throughout 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.
    Based on the current commercial retention limit and average catch 
rate of landings data from dealer reports, the amount of aggregated LCS 
and hammerhead shark quota available is high. Using current catch 
rates, projections indicate that landings would not reach 80 percent of 
the quota before the end of the 2019 fishing season (December 31, 
2019). A higher retention limit will better promote fishing 
opportunities and utilization of available quota in the 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 either the aggregated LCS or 
hammerhead shark quotas, NMFS would, as required by the regulations at 
Sec.  635.28(b)(3), close the aggregated LCS and hammerhead shark 
management groups since they are ``linked quotas.'' Current catch rates 
would likely result in the fisheries remaining open for the remainder 
of the year, but with the quotas being underutilized in the Atlantic 
region. The higher retention limit should help make it possible to more 
fully utilize the quota in the Atlantic region.
     Effects of the adjustment on accomplishing the objectives 
of the 2006 Consolidated HMS FMP and its amendments.
    Increasing the retention limit on the aggregated LCS and hammerhead 
management groups in the Atlantic region from 3 to 36 LCS other than 
sandbar sharks per vessel per trip would allow for fishing 
opportunities later in the year, consistent with the FMP's objective to 
ensure equitable fishing opportunities throughout the region.
     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 are composed of 
a mix of species, with a high abundance of aggregated LCS caught in 
conjunction with hammerhead sharks. Migratory patterns of many LCS in 
the Atlantic region indicate that sharks move further north in the 
summer and then return south in the fall. Increasing the retention 
limit in the Atlantic region at this time provides fishing 
opportunities for fishermen further north (i.e. Mid-Atlantic and New 
England) as the sharks are likely going to be in the northern areas of 
the region for only a short period of time before migrating south 
again. As a result, by increasing the harvest and landings on a per-
trip basis, fishermen throughout the Atlantic region will likely 
experience equitable fishing opportunities.
     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.
    NMFS has previously provided notice to the regulated community (83 
FR 60777; November 27, 2018, and 84 FR 12524; April 2, 2019) that a 
goal of this year's fishery is to ensure fishing opportunities 
throughout the fishing season and the Atlantic region. While dealer 
reports indicate that, under current catch rates, the aggregated LCS 
and hammerhead shark management groups in the Atlantic region would 
remain open for the remainder of the year, the catch rates also 
indicate that the quotas would likely not be fully harvested under the 
current retention limit. If the harvest of these species is increased 
through an increased retention limit, and absent any unforeseen 
circumstances or changes to expected catch rates, NMFS estimates that 
the fishery is likely to remain open for the remainder of the year and 
fishermen throughout the Atlantic region would have a reasonable 
opportunity to harvest a portion of the quota.
    On November 27, 2018 (83 FR 60777), NMFS announced in a final rule 
that the aggregated LCS and hammerhead shark fisheries management 
groups for the Atlantic region would open on January 1 with a quota of 
168.9 mt dw (372,552 lb dw) and 27.1 mt dw (59,736 lb dw), 
respectively. In the final rule, after considering public comment on 
the proposed rule (83 FR 45866, September 11, 2018), NMFS explained 
that if it appeared that the quota is being harvested too quickly, 
potentially precluding fishing opportunities throughout the entire 
region (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 to 3 or fewer LCS other than sandbar sharks and later 
consider increasing the retention limit, perhaps to 36 LCS other than 
sandbar sharks per vessel per trip, around July 15, 2019, consistent 
with the applicable regulatory adjustment criteria. Dealer reports 
through March 22, 2019, indicated that landings had reached 24 percent 
of the hammerhead shark quota. NMFS then reduced the commercial 
Atlantic aggregated LCS and hammerhead shark retention limit from 25 to 
3 LCS other than sandbar sharks per vessel per trip on April 1, 2019 
(84 FR 12524; April 2, 2019) after considering the inseason retention 
limit adjustment criteria listed in Sec.  635.24(a)(8). Based on dealer 
reports through june 14, 2019, approximately 12 percent and 31 percent 
of the aggregated LCS and hammerhead shark quotas have been harvested, 
respectively. With this action, NMFS is increasing 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 3 LCS other than sandbar sharks per vessel per trip to 36 
LCS other than sandbar sharks per vessel per trip. NMFS is taking this 
action earlier than originally anticipated (and earlier than last 
year's similar action) given that relatively little of the quotas have 
been harvested so far this year and given updated information about 
aggregated LCS and hammerhead shark landings last year. Last year, the 
retention limit was increased to 36 LCS other than sandbar sharks per 
vessel per trip on July 18, 2018 (83 FR 33870) and increased to 45 LCS 
other than sandbar sharks per vessel per trip on November 7, 2018 (83 
FR 55638). Even with both of the retention limit increases, the 
aggregated LCS landings only reached 55 percent of the annual quota, 
while the hammerhead shark landings reached 46 percent of the annual 
quota. Given the low aggregated LCS landings this year to date, NMFS 
anticipates the fishing season could be similar to last year, and thus 
believes that increasing the retention limit earlier could assist with 
the available quota being fully utilized. Without this early increase, 
fishermen in the Atlantic region may not have an opportunity to fully 
utilize the quotas in the region for the remainder of the year, and 
available quota will be underutilized.
    Accordingly, as of June 25, 2019, NMFS is increasing the retention 
limit

[[Page 29810]]

for the commercial aggregated LCS and hammerhead shark management 
groups in the Atlantic region for directed shark limited access permit 
holders from 3 LCS other than sandbar sharks per vessel per trip to 36 
LCS other than sandbar sharks per vessel per trip. This retention limit 
adjustment does not apply to directed shark limited access permit 
holders 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, in which case the restrictions noted on the shark 
research permit apply.
    All other retention limits and shark fisheries in the Atlantic 
region remain unchanged. This retention limit will remain at 36 LCS 
other than sandbar sharks per vessel per trip for the remainder of the 
2019 fishing season, or until NMFS announces via a notice in the 
Federal Register another adjustment to the retention limit or a fishery 
closure, if warranted.

Classification

    The Assistant Administrator for NMFS (AA) finds that it is 
impracticable and contrary to the public interest to provide prior 
notice of, and an opportunity for public comment on, this action for 
the following reasons:
    Prior notice is impracticable because the regulatory criteria for 
inseason retention limit adjustments are intended to allow the agency 
to respond quickly to existing management considerations, including 
remaining available shark quotas, estimated dates for the fishery 
closures, the regional variations in the shark fisheries, and equitable 
fishing opportunities. Additionally, regulations implementing Amendment 
6 of the 2006 Atlantic Consolidated HMS FMP (80 FR 50074, August 18, 
2015) intended that the LCS retention limit could be adjusted quickly 
throughout the fishing season to provide management flexibility for the 
shark fisheries and provide equitable fishing opportunities to 
fishermen throughout the regions. Based on available shark quotas and 
informed by shark landings in previous seasons, responsive adjustment 
to the LCS commercial retention limit from the incidental level is 
warranted as quickly as possible to allow fishermen to take advantage 
of available quotas while sharks are present in their region. For such 
adjustment to be practicable, it must occur in a timeframe that allows 
fishermen to take advantage of it.
    Adjustment of the LCS fisheries retention limit in the Atlantic 
region will begin on June 25, 2019. Analysis of available data shows 
that adjustment of the LCS commercial retention limit upward to 36 
would result in minimal risks of exceeding the aggregated LCS and 
hammerhead shark quotas in the Atlantic region based on our 
consideration of previous years' data. With quota available and with no 
measurable impacts to the stocks expected, it would be contrary to the 
public interest to require vessels to wait to harvest the sharks 
otherwise allowable through this action. Therefore, the AA finds good 
cause under 5 U.S.C. 553(b)(B) to waive prior notice and the 
opportunity for public comment. Adjustment of the LCS commercial 
retention limit in the Atlantic region is effective June 25, 2019, to 
minimize any unnecessary disruption in fishing patterns, to allow the 
impacted fishermen to benefit from the adjustment, and to not preclude 
fishing opportunities by fishermen farther north as the sharks are 
likely going to be in the northern areas of the region for only a short 
period of time before migrating south again. Foregoing opportunities to 
harvest the respective quotas could have negative social and economic 
impacts for U.S. fishermen that depend upon catching the available 
quotas. Therefore, the AA finds there is also good cause under 5 U.S.C. 
553(d)(3) to waive the 30-day delay in effectiveness.
    This action is being taken under Sec.  635.24(a)(2) and is exempt 
from review under Executive Order 12866.

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

    Dated: June 20, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-13483 Filed 6-24-19; 8:45 am]
BILLING CODE 3510-22-P