[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