[Federal Register Volume 84, Number 160 (Monday, August 19, 2019)]
[Rules and Regulations]
[Pages 42827-42829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17754]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150413357-5999-02]
RIN 0648-XT012


Atlantic Highly Migratory Species; Commercial Aggregated Large 
Coastal Shark and Hammerhead Shark Management Group in the Atlantic 
Region; Retention Limit Adjustment

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

ACTION: Temporary rule; inseason retention limit adjustment.

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

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 36 LCS other than sandbar sharks per vessel per trip to 45 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 45 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 August 16, 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 Guy 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 36 to 
45 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 August 9, 2019, 28.6.0 metric tons 
(mt) dressed weight (dw) (62,980 lb dw), or 17 percent, of the 168.9 mt 
dw shark quota for aggregated LCS and 8.9 mt dw (19,652 lb dw), or 33 
percent, of the 27.1 mt dw shark quota for the hammerhead management 
groups have been harvested in the Atlantic region. This means that 
approximately 83 percent of the aggregated LCS quota remains available 
and approximately 67 percent of the hammerhead shark quota remains 
available. NMFS took action on April 2, 2019 to reduce retention the 
retention limit from 25 to 3 after considering the relevant inseason 
adjustment criteria, particularly the need for all regions to have an 
equitable opportunity to utilize the quota (84 FR 12524). On June 25, 
2019, NMFS increased the retention limit to 36 LCS other than sandbar 
sharks per vessel per trip (84 FR 29808) to promote use of the 
available quota.
     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 Atlantic 
aggregated LCS and hammerhead shark quota available is high, while 
harvest in the Atlantic region on a daily basis is low. 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

[[Page 42828]]

authorized under this action will promote increased 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 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.
    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.'' However, current 
catch rates would likely result in the fisheries remaining open for the 
remainder of the year. The higher retention limit should increase the 
likelihood of full utilization of the quota in the Atlantic region, 
while also allowing the fisheries to operate for the remainder of the 
year.
     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 36 to 45 LCS other than 
sandbar sharks per vessel per trip would continue to allow for fishing 
opportunities throughout the rest of the year consistent with 
objectives established in the 2006 Consolidated HMS FMP, including 
rebuilding requirements for overfished stocks.
     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 farther north in the 
summer and then return south in the fall. Taking these migration 
patterns into account, NMFS increased the retention limit on June 25, 
2019 from 3 to 36 LCS other than sandbar sharks per vessel per trip (84 
FR 29808) to provide additional fishing opportunities for fishermen in 
the Mid-Atlantic and New England areas. However, based on dealer 
reports through August 9, 2019, harvest in the Atlantic region on a 
daily basis has been low. Therefore, NMFS is increasing the retention 
limit from 36 to 45 LCS other than sandbar sharks per vessel per trip 
in order to fully utilize the quota in the entire Atlantic region.
     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' goal for the 2019 commercial shark fishery is to ensure 
fishing opportunities throughout the fishing season and the Atlantic 
region (83 FR 60777; November 27, 2018, 84 FR 12524; April 2, 2019, and 
84 FR 29808; June 25, 2019). 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, NMFS estimates that the fishery would 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, and a commercial retention limit of 25 LCS other than 
sandbar sharks per trip for directed shark limited access permit 
holders in those fisheries. NMFS published a proposed rule on September 
11, 2018 (83 FR 45866) and invited and considered public comment. In 
the final rule, NMFS explained that if it appeared that the quota is 
being harvested too quickly, thus 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 then 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 requirements. 
In April 2019, dealer reports indicated that landings had reached 21 
percent of the quota, and NMFS therefore 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 2, 2019 
(84 FR 12524; April 2, 2019) after considering the inseason retention 
limit adjustment criteria listed in Sec.  635.24(a)(8). On June 25, 
2019, NMFS increased the retention limit from 3 LCS other than sandbar 
sharks to 36 LCS other than sandbar sharks (84 FR 29808). Based on 
dealer reports through August 9, 2019, approximately 83 percent and 67 
percent of the aggregated LCS and hammerhead shark quotas remain 
unharvested, respectively. Commercial shark landings in the Atlantic 
region at this point in the season are uncharacteristically low. A 
higher retention limit should increase the likelihood of full 
utilization of the quota in the Atlantic region, while also allowing 
the fisheries to operate for the remainder of the year.
    Accordingly, as of August 16, 2019, 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 36 LCS other than sandbar sharks per vessel 
per trip to 45 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 45 LCS 
other than sandbar sharks per vessel per trip for the rest of the 2019 
fishing season, or until NMFS announces another adjustment to the 
retention limit or a fishery closure via a notice in the Federal 
Register, 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

[[Page 42829]]

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 a region. 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 August 16, 2019. Prior notice would result in 
delays in increasing the retention limit and would adversely affect 
those shark fishermen that would otherwise have an opportunity to 
harvest more than the current retention limit of 36 LCS other than 
sandbar sharks per vessel per trip and could result in low catch rates 
and underutilized quotas. Analysis of available data shows that 
adjustment of the LCS commercial retention limit upward to 45 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, in which the fisheries have opened in July. 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 available through this action. 
Therefore, NMFS 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 
August 16, 2019, to minimize any unnecessary disruption in fishing 
patterns and to allow fishermen to benefit from the adjustment. 
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, 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: August 14, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2019-17754 Filed 8-16-19; 8:45 am]
BILLING CODE 3510-22-P