[Federal Register Volume 86, Number 44 (Tuesday, March 9, 2021)]
[Rules and Regulations]
[Pages 13491-13493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04876]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 191125-0090; RTID 0648-XA895]


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 2021 fishing 
season have reached 80 percent of the available commercial quota, and 
the aggregated LCS and hammerhead shark management groups quotas are 
linked under the regulations. This closure will affect anyone

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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 8, 2021, until the end of 
the 2021 fishing season on December 31, 2021, 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: Lauren Latchford, 
[email protected], and Derek Kraft [email protected] at 301-
427-8503; fax 301-713-1917.

SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed 
under the 2006 Consolidated Atlantic 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 for public inspection. 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 December 1, 2020 (85 FR 77007), NMFS announced that for 2021, 
the commercial western Gulf of Mexico aggregated LCS sub-regional quota 
was 72.0 metric tons (mt) dressed weight (dw) (158,724 pounds (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 3, 
indicate that 81 percent (58.2 mt dw) of the available western Gulf of 
Mexico aggregated LCS management group sub-regional quota has been 
landed and that less than 6 percent (<1.0 mt dw) of the available 
western Gulf of Mexico hammerhead sharks sub-regional quota has been 
landed. Dealer reports, however also indicate that daily landing rates 
of aggregated LCS in the sub-region are increasing. Based on these 
dealer reports, the western Gulf of Mexico aggregated LCS management 
group sub-regional quota has exceeded 80 percent of the available quota 
on March 3, 2021. Thus, closure of the commercial western Gulf of 
Mexico aggregated LCS fishery is warranted at this time under the 
regulations. While the western Gulf of Mexico hammerhead shark sub-
regional quota has reached less than 6 percent of the available quota, 
it is linked to the aggregated LCS fishery, and therefore, under the 
regulations 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 
8, 2021.
    All other shark species or management groups in the western Gulf of 
Mexico sub-region that are currently open remain open at this time, 
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)). 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

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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 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. Furthermore, closures 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 4, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-04876 Filed 3-4-21; 4:15 pm]
BILLING CODE 3510-22-P