80 FR 24836 - Atlantic Highly Migratory Species; Commercial Blacktip Sharks, Aggregated Large Coastal Sharks, and Hammerhead Sharks in the Gulf of Mexico Region
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 84 (May 1, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 84 (May 1, 2015)
| Page Range | 24836-24837 | |
| FR Document | 2015-10165 |
[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)] [Rules and Regulations] [Pages 24836-24837] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-10165] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 140429387-4971-02] RIN 0648-XD911 Atlantic Highly Migratory Species; Commercial Blacktip Sharks, Aggregated Large Coastal Sharks, and Hammerhead Sharks in the Gulf of Mexico Region AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS is closing the commercial fisheries for blacktip sharks, aggregated large coastal sharks (LCS), and hammerhead sharks in the Gulf of Mexico region. This action is necessary because the commercial landings of blacktip sharks in the Gulf of Mexico region for the 2015 fishing season are projected to exceed 80 percent of the available commercial quota as of May 1, 2015, commercial landings of aggregated LCS in the Gulf of Mexico region have exceeded 80 percent of the available commercial quota, and the aggregated LCS and hammerhead shark fisheries are quota-linked under the current regulations. DATES: The commercial fisheries for blacktip sharks, aggregated LCS, and hammerhead sharks are closed effective 11:30 p.m. local time May 3, 2015, until the end of the 2015 fishing season on December 31, 2015, 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: Alexis Jackson or Karyl Brewster-Geisz 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)(2), the quotas of certain species/fisheries and/or management groups are linked. If quotas are linked, when the specified quota threshold for one management group or species/fishery is reached and is closed, the linked management group or fishery closes at the same time. The quotas for aggregated LCS and the hammerhead shark management groups in the Gulf of Mexico region are linked (Sec. 635.28(b)(3)(ii)). The blacktip shark quota is not linked to the aggregated LCS or hammerhead shark quotas. Regulations at Sec. 635.28(b)(1) and Sec. 635.28(b)(4) authorize closure of the blacktip shark management group when landings have reached or are expected to reach 80 percent of the quota or before those situations occur. Under Sec. 635.28(b)(1) and Sec. 635.28(b)(2), when NMFS calculates that the landings for any species and/or management group of either a non-linked or a linked group have reached or are projected to reach a threshold of 80 percent of the available quota, NMFS will file for publication with the Office of the Federal Register a notice of closure for all of the species and/or management groups of either a non-linked or linked group that will be effective no fewer than 5 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 and specified non- linked species and/or management groups are closed, even across fishing years. On December 2, 2014 (79 FR 71331), NMFS announced that the commercial Gulf of Mexico blacktip shark quota was 328.6 mt dw (724,302 lb dw), the Gulf of Mexico aggregated LCS quota for 2015 was 156.5 metric tons (mt) dressed weight (dw) (344,980 lb dw), and the Gulf of Mexico hammerhead shark quota was 25.3 mt dw (55,722 lb dw). Dealer reports recently received through April 24, 2015, indicate that that 261.1 mt dw or 79 percent of the available Gulf of Mexico blacktip shark quota has been landed, 128.6 mt dw or 82 percent of the available Gulf of Mexico aggregated LCS quota has been landed, and that 12.4 mt dw or 49 percent of the available Gulf of Mexico hammerhead shark quota has been landed. Based on these dealer reports, NMFS estimates that the 80-percent limit specified for a closure notice in the regulations for blacktip sharks will be exceeded as of May 1, 2015, and has been exceeded for aggregated LCS. Accordingly, NMFS is closing the commercial blacktip, aggregated LCS, and hammerhead management groups in the Gulf of Mexico region as of 11:30 p.m. local time May 3, 2015. All other shark species or management groups that are currently open will remain open, including the commercial Gulf of Mexico non-blacknose small coastal sharks (SCS), blacknose sharks, blue sharks, and pelagic sharks other than porbeagle or blue. At Sec. 635.27(b)(1), the boundary between the Gulf of Mexico region and the Atlantic region is defined 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. During the closure, retention of blacktip sharks, aggregated LCS, and/or hammerhead sharks in the Gulf of Mexico region is prohibited for persons fishing aboard vessels issued a commercial shark limited access permit 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 and is engaged in a for-hire trip could fish under the recreational retention limits for sharks and ``no sale'' provisions (Sec. 635.22(a) and (c)). Similarly, persons [[Page 24837]] aboard a commercially permitted vessel that possesses a valid shark research permit under Sec. 635.32 and has a NMFS-approved observer onboard may continue to harvest and sell blacktip sharks, aggregated LCS, and/or hammerhead sharks in the Gulf of Mexico region pursuant to the terms and conditions of the shark research permit. During this closure, a shark dealer issued a permit pursuant to Sec. 635.4 may not purchase or receive blacktip sharks, aggregated LCS, and/or hammerhead sharks in the Gulf of Mexico region from a vessel issued an Atlantic Shark Limited Access Permit (LAP), except that a permitted shark dealer or processor may possess blacktip sharks, aggregated LCS, and/or hammerhead sharks in the Gulf of Mexico 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)(5). Additionally, a permitted shark dealer or processor may possess blacktip sharks, aggregated LCS, and/or hammerhead sharks in the Gulf of Mexico 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 blacktip sharks, aggregated LCS, and/or hammerhead sharks in the Gulf of Mexico 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 quota and be inconsistent with management requirements and objectives. Similarly, affording prior notice and opportunity for public comment on this action is contrary to the public interest because if the 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)(2) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: April 27, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015-10165 Filed 4-28-15; 4:15 pm] BILLING CODE 3510-22-P
![24836 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations
(3) For fishing year 2017—2.278 hammerhead sharks are closed effective available and the season is reopened,
million lb (1.033 million kg), round 11:30 p.m. local time May 3, 2015, until the fisheries for all linked species and/
weight. the end of the 2015 fishing season on or management groups and specified
(C) Private angling component ACT. December 31, 2015, or until and if non-linked species and/or management
The private angling component ACT NMFS announces via a notice in the groups are closed, even across fishing
applies to vessels that fish under the bag Federal Register that additional quota is years.
limit and have not been issued a Federal available and the season is reopened. On December 2, 2014 (79 FR 71331),
charter vessel/headboat permit for Gulf FOR FURTHER INFORMATION CONTACT: NMFS announced that the commercial
reef fish any time during the fishing Alexis Jackson or Karyl Brewster-Geisz Gulf of Mexico blacktip shark quota was
year. This component ACT is effective 301–427–8503; fax 301–713–1917.
for only the 2015, 2016, and 2017 328.6 mt dw (724,302 lb dw), the Gulf
SUPPLEMENTARY INFORMATION: The of Mexico aggregated LCS quota for
fishing years. For the 2018 and
Atlantic shark fisheries are managed 2015 was 156.5 metric tons (mt) dressed
subsequent fishing years, the applicable
under the 2006 Consolidated Highly weight (dw) (344,980 lb dw), and the
total recreational quota specified in
Migratory Species (HMS) Fishery Gulf of Mexico hammerhead shark
§ 622.39(a)(2)(i)(A) will apply to the
Management Plan (FMP), its quota was 25.3 mt dw (55,722 lb dw).
recreational sector.
(1) For fishing year 2015—3.234 amendments, and implementing Dealer reports recently received through
million lb (1.467 million kg), round regulations (50 CFR part 635) issued April 24, 2015, indicate that that 261.1
weight. under authority of the Magnuson- mt dw or 79 percent of the available
(2) For fishing year 2016—3.158 Stevens Fishery Conservation and Gulf of Mexico blacktip shark quota has
million lb (1.432 million kg), round Management Act (16 U.S.C. 1801 et been landed, 128.6 mt dw or 82 percent
weight. seq.). of the available Gulf of Mexico
(3) For fishing year 2017—3.108 Under § 635.5(b)(1), dealers must aggregated LCS quota has been landed,
million lb (1.410 million kg), round electronically submit reports on sharks and that 12.4 mt dw or 49 percent of the
weight. that are first received from a vessel on available Gulf of Mexico hammerhead
[FR Doc. 2015–10088 Filed 4–30–15; 8:45 am] a weekly basis through a NMFS- shark quota has been landed. Based on
BILLING CODE 3510–22–P approved electronic reporting system. these dealer reports, NMFS estimates
Reports must be received by no later that the 80-percent limit specified for a
than midnight, local time, of the first closure notice in the regulations for
DEPARTMENT OF COMMERCE Tuesday following the end of the blacktip sharks will be exceeded as of
reporting week unless the dealer is May 1, 2015, and has been exceeded for
National Oceanic and Atmospheric otherwise notified by NMFS. Under aggregated LCS. Accordingly, NMFS is
Administration § 635.28(b)(2), the quotas of certain closing the commercial blacktip,
species/fisheries and/or management aggregated LCS, and hammerhead
50 CFR Part 635 groups are linked. If quotas are linked, management groups in the Gulf of
[Docket No. 140429387–4971–02] when the specified quota threshold for Mexico region as of 11:30 p.m. local
one management group or species/ time May 3, 2015. All other shark
RIN 0648–XD911 fishery is reached and is closed, the species or management groups that are
Atlantic Highly Migratory Species; linked management group or fishery currently open will remain open,
Commercial Blacktip Sharks, closes at the same time. The quotas for including the commercial Gulf of
Aggregated Large Coastal Sharks, and aggregated LCS and the hammerhead Mexico non-blacknose small coastal
Hammerhead Sharks in the Gulf of shark management groups in the Gulf of sharks (SCS), blacknose sharks, blue
Mexico Region Mexico region are linked sharks, and pelagic sharks other than
(§ 635.28(b)(3)(ii)). The blacktip shark porbeagle or blue.
AGENCY: National Marine Fisheries quota is not linked to the aggregated
Service (NMFS), National Oceanic and LCS or hammerhead shark quotas. At § 635.27(b)(1), the boundary
Atmospheric Administration (NOAA), Regulations at § 635.28(b)(1) and between the Gulf of Mexico region and
Commerce. § 635.28(b)(4) authorize closure of the the Atlantic region is defined as a line
ACTION: Temporary rule; closure. blacktip shark management group when beginning on the East Coast of Florida
landings have reached or are expected at the mainland at 25°20.4′ N. lat,
SUMMARY: NMFS is closing the to reach 80 percent of the quota or proceeding due east. Any water and
commercial fisheries for blacktip sharks, before those situations occur. land to the south and west of that
aggregated large coastal sharks (LCS), Under § 635.28(b)(1) and boundary is considered for the purposes
and hammerhead sharks in the Gulf of § 635.28(b)(2), when NMFS calculates of monitoring and setting quotas, to be
Mexico region. This action is necessary that the landings for any species and/or within the Gulf of Mexico region.
because the commercial landings of management group of either a non- During the closure, retention of
blacktip sharks in the Gulf of Mexico linked or a linked group have reached blacktip sharks, aggregated LCS, and/or
region for the 2015 fishing season are or are projected to reach a threshold of hammerhead sharks in the Gulf of
projected to exceed 80 percent of the 80 percent of the available quota, NMFS Mexico region is prohibited for persons
available commercial quota as of May 1, will file for publication with the Office fishing aboard vessels issued a
2015, commercial landings of aggregated of the Federal Register a notice of commercial shark limited access permit
LCS in the Gulf of Mexico region have closure for all of the species and/or under § 635.4. However, persons aboard
mstockstill on DSK4VPTVN1PROD with RULES
exceeded 80 percent of the available management groups of either a non- a commercially permitted vessel that is
commercial quota, and the aggregated linked or linked group that will be also properly permitted to operate as a
LCS and hammerhead shark fisheries effective no fewer than 5 days from date charter vessel or headboat for HMS and
are quota-linked under the current of filing. From the effective date and is engaged in a for-hire trip could fish
regulations. time of the closure until and if NMFS under the recreational retention limits
DATES: The commercial fisheries for announces, via a notice in the Federal for sharks and ‘‘no sale’’ provisions
blacktip sharks, aggregated LCS, and Register, that additional quota is (§ 635.22(a) and (c)). Similarly, persons
VerDate Sep<11>2014 16:33 Apr 30, 2015 Jkt 235001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 E:\FR\FM\01MYR1.SGM 01MYR1](https://thefederalregister.org/doc/80_FR_24920/page/1.svg)
![Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations 24837
aboard a commercially permitted vessel hammerhead sharks in the Gulf of currently underway and any delay in
that possesses a valid shark research Mexico region that were harvested by a this action would result in overharvest
permit under § 635.32 and has a NMFS- vessel issued a valid shark research of the quota and be inconsistent with
approved observer onboard may fishery permit per § 635.32 with a management requirements and
continue to harvest and sell blacktip NMFS-approved observer onboard objectives. Similarly, affording prior
sharks, aggregated LCS, and/or during the trip the sharks were taken on notice and opportunity for public
hammerhead sharks in the Gulf of as long as the LCS research fishery comment on this action is contrary to
Mexico region pursuant to the terms and quota remains open. Similarly, a shark the public interest because if the quota
conditions of the shark research permit. dealer issued a permit pursuant to is exceeded, the stock may be negatively
§ 635.4 may, in accordance with affected and fishermen ultimately could
During this closure, a shark dealer
relevant state regulations, purchase or experience reductions in the available
issued a permit pursuant to § 635.4 may receive blacktip sharks, aggregated LCS,
not purchase or receive blacktip sharks, quota and a lack of fishing opportunities
and/or hammerhead sharks in the Gulf in future seasons. For these reasons, the
aggregated LCS, and/or hammerhead of Mexico region if the sharks were
sharks in the Gulf of Mexico region from AA also finds good cause to waive the
harvested, off-loaded, and sold, traded, 30-day delay in effective date pursuant
a vessel issued an Atlantic Shark or bartered from a vessel that fishes only
Limited Access Permit (LAP), except to 5 U.S.C. 553(d)(3). This action is
in state waters and that has not been required under § 635.28(b)(2) and is
that a permitted shark dealer or issued an Atlantic Shark LAP, HMS
processor may possess blacktip sharks, exempt from review under Executive
Angling permit, or HMS Charter/
aggregated LCS, and/or hammerhead Order 12866.
Headboat permit pursuant to § 635.4.
sharks in the Gulf of Mexico region that Authority: 16 U.S.C. 1801 et seq.
were harvested, off-loaded, and sold, Classification
Dated: April 27, 2015.
traded, or bartered prior to the effective Pursuant to 5 U.S.C. 553(b)(B), the
date of the closure and were held in Assistant Administrator for Fisheries, Emily H. Menashes,
storage consistent with § 635.28(b)(5). NOAA (AA), finds that providing prior Acting Director, Office of Sustainable
Additionally, a permitted shark dealer notice and public comment for this Fisheries, National Marine Fisheries Service.
or processor may possess blacktip action is impracticable and contrary to [FR Doc. 2015–10165 Filed 4–28–15; 4:15 pm]
sharks, aggregated LCS, and/or the public interest because the fishery is BILLING CODE 3510–22–P
mstockstill on DSK4VPTVN1PROD with RULES
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Document Created: 2018-02-21 10:20:36
Document Modified: 2018-02-21 10:20:36
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; closure. | |
| Dates | The commercial fisheries for blacktip sharks, aggregated LCS, and hammerhead sharks are closed effective 11:30 p.m. local time May 3, 2015, until the end of the 2015 fishing season on December 31, 2015, or until and if NMFS announces via a notice in the Federal Register that additional quota is available and the season is reopened. | |
| Contact | Alexis Jackson or Karyl Brewster-Geisz 301-427-8503; fax 301-713-1917. | |
| FR Citation | 80 FR 24836 | |
| RIN Number | 0648-XD91 |
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