[Federal Register Volume 85, Number 51 (Monday, March 16, 2020)]
[Rules and Regulations]
[Pages 14802-14803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05217]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 191125-0090]
RTID 0648-XA073


Atlantic Highly Migratory Species; Commercial Aggregated Large 
Coastal Sharks and Hammerhead Sharks in the Western 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 the aggregated 
large coastal sharks (LCS) and hammerhead shark management groups in 
the western Gulf of Mexico sub-region. This action is necessary because 
the commercial landings of sharks in the aggregated LCS management 
group in the western Gulf of Mexico sub-region for the 2020 fishing 
season are projected to reach 80 percent of the available commercial 
quota, and are projected to reach 100 percent of the quota by the end 
of the fishing season, and the aggregated LCS and hammerhead shark 
management groups are quota-linked under the regulations. This closure 
will affect anyone commercially fishing for sharks in the western Gulf 
of Mexico sub-region.

DATES: The commercial fishery for the aggregated LCS and hammerhead 
shark management groups in the western Gulf of Mexico sub-region are 
closed effective 11:30 p.m. local time March 14, 2020, until the end of 
the 2020 fishing season on December 31, 2020, 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: Guy DuBeck or Guy Eroh 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)(4), the quotas of certain 
species and/or management groups are linked. If quotas are linked, when 
the specified quota threshold for one management group or species is 
reached and that management group or species is closed, the linked 
management group or species closes at the same time (Sec.  
635.28(b)(3)). The quotas for the aggregated LCS and hammerhead shark 
management groups in the western Gulf of Mexico sub-region are linked 
(Sec.  635.28(b)(4)(iii)).
    Under Sec.  635.28(b)(3), when NMFS calculates that the landings 
for any linked species and/or management group have reached or are 
projected to reach a threshold of 80 percent of the available quota, 
and are projected to reach 100 percent of the relevant quota by the end 
of the fishing season, NMFS will file for publication with the Office 
of the Federal Register a notice of an overall, regional, and/or sub-
regional closure, as applicable, for the linked species and/or 
management groups that will be effective no fewer than 4 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 are closed, even across fishing 
years.
    On November 29, 2019 (84 FR 65690), NMFS announced that for 2020, 
the commercial western Gulf of Mexico aggregated LCS sub-regional quota 
was 72.0 mt dw (158,724 lb dw) and the western Gulf of Mexico 
hammerhead sharks sub-regional quota was 11.9 mt dw (26,301 lb dw). 
Dealer reports received through March 5, 2020, indicate that 79 percent 
(56.9 mt dw) of the available western Gulf of Mexico aggregated LCS 
management group sub-regional quota has been landed and that less than 
1 percent (<1.0 mt dw) of the available western Gulf of Mexico 
hammerhead sharks sub-regional quota has been landed. Based on these 
dealer reports, the western Gulf of Mexico

[[Page 14803]]

aggregated LCS management group sub-regional quota is projected to 
exceed 80 percent of the available quota very soon and is projected to 
exceed 100 percent of the available quota before the end of the fishing 
season. Thus, NMFS has determined that a closure of the commercial 
western Gulf of Mexico aggregated LCS fishery is warranted at this 
time. While the western Gulf of Mexico hammerhead shark sub-regional 
quota has reached less than 1 percent of the available quota, it is 
linked to the aggregated LCS fishery, and therefore, closes when the 
aggregated LCS management group in the western Gulf of Mexico sub-
region closes. Accordingly, NMFS is closing the commercial aggregated 
LCS and hammerhead shark management groups in the western Gulf of 
Mexico sub-region as of 11:30 p.m. local time March 14, 2020.
    All other shark species or management groups in the western Gulf of 
Mexico sub-region that are currently open will remain open, including 
the commercial blacktip sharks, 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 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 western and 
eastern Gulf of Mexico sub-regions is drawn along 88[deg] 00' W long 
(Sec.  635.27(b)(1)(ii)). Persons fishing aboard vessels issued a 
commercial shark limited access permit (LAP) under Sec.  635.4 may 
still retain sharks in the aggregated LCS and/or hammerhead shark 
management groups in the eastern Gulf of Mexico sub-region (east of 
88[deg] 00' W long).
    During the closure, retention of sharks in the aggregated LCS and/
or hammerhead shark management groups in the western Gulf of Mexico 
sub-region is prohibited for persons fishing aboard vessels issued a 
commercial shark LAP 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 
may continue to harvest and sell aggregated LCS and/or hammerhead 
sharks in the western Gulf of Mexico sub-region pursuant to the terms 
and conditions of the shark research permit, if a NMFS-approved 
observer is onboard and the shark research fishery, as applicable, is 
open.
    During this closure, a shark dealer issued a permit pursuant to 
Sec.  635.4 may not purchase or receive aggregated LCS and/or 
hammerhead sharks in the western Gulf of Mexico sub-region from a 
vessel issued an Atlantic shark LAP, except that a permitted shark 
dealer or processor may possess aggregated LCS and/or hammerhead sharks 
in the western 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 may possess 
aggregated LCS and/or hammerhead sharks in the western 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 LCS 
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 aggregated LCS and/or hammerhead 
sharks in the western 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)(3) and Sec.  635.28(b)(4) and is exempt from 
review under Executive Order 12866.

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

    Dated: March 10, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-05217 Filed 3-10-20; 4:15 pm]
 BILLING CODE 3510-22-P