80_FR_32148 80 FR 32040 - Atlantic Highly Migratory Species; Commercial Blacknose Sharks and Non-Blacknose Small Coastal Sharks in the Atlantic Region

80 FR 32040 - Atlantic Highly Migratory Species; Commercial Blacknose Sharks and Non-Blacknose Small Coastal Sharks in the Atlantic Region

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 108 (June 5, 2015)

Page Range32040-32041
FR Document2015-13795

NMFS is closing the fisheries for commercial blacknose sharks and non-blacknose small coastal sharks (SCS) in the Atlantic region. This action is necessary because the commercial landings of Atlantic blacknose sharks for the 2015 fishing season have exceeded 80 percent of the available commercial quota as of May 29, 2015, and the blacknose shark and non-blacknose SCS fisheries are quota-linked under current regulations.

Federal Register, Volume 80 Issue 108 (Friday, June 5, 2015)
[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Rules and Regulations]
[Pages 32040-32041]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13795]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 140429387-4971-02]
RIN 0648-XD980


Atlantic Highly Migratory Species; Commercial Blacknose Sharks 
and Non-Blacknose Small Coastal Sharks in the Atlantic Region

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 fisheries for commercial blacknose sharks 
and non-blacknose small coastal sharks (SCS) in the Atlantic region. 
This action is necessary because the commercial landings of Atlantic 
blacknose sharks for the 2015 fishing season have exceeded 80 percent 
of the available commercial quota as of May 29, 2015, and the blacknose 
shark and non-blacknose SCS fisheries are quota-linked under current 
regulations.

DATES: The commercial fisheries for blacknose sharks and non-blacknose 
SCS in the Atlantic region are closed effective 11:30 p.m. local time 
June 7, 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 HMS Fishery Management Plan (FMP), its 
amendments, and its 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 and/or management groups are linked. The quotas for blacknose 
sharks and the non-blacknose SCS management group in the Atlantic 
region are linked (Sec.  635.28(b)(3)(iii)). Under Sec.  635.28(b)(2), 
when NMFS calculates that the landings for any species and/or 
management group of a linked group has reached or is projected to reach 
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 in a 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 are closed, even across fishing years.
    On December 2, 2014 (79 FR 71331), NMFS announced that the 2015 
commercial Atlantic blacknose shark quota is 17.5 metric tons (mt) 
dressed weight (dw) (38,638 lb dw) and the non-blacknose SCS quota is 
176.1 mt dw (388,222 lb dw).
    Dealer reports recently received through May 29, 2015, indicated 
that 16.3 mt dw or 93 percent of the available Atlantic blacknose shark 
quota had been landed and 86.1 mt dw or 49 percent of the available 
Atlantic non-blacknose SCS quota had been landed. Based on these dealer 
reports, landings of Atlantic blacknose sharks have already exceeded 80 
percent of the quota. Accordingly, NMFS is closing both the commercial 
blacknose shark fishery and non-blacknose SCS management group in the 
Atlantic region as of 11:30 p.m. local time June 7, 2015. The only 
shark species or management groups that remain open in the Atlantic 
region are research large coastal sharks, sandbar sharks within the 
shark research fishery, blue shark, and pelagic sharks other than 
porbeagle or blue shark management groups. On July 1, 2015, in the 
Atlantic region, the aggregated large coastal shark and hammerhead 
shark management groups will open.
    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 blacknose sharks and non-blacknose 
SCS in the Atlantic region is prohibited for persons fishing aboard 
vessels issued a commercial shark limited access permit (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 highly migratory species (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)).
    During this closure, a shark dealer issued a permit pursuant to 
Sec.  635.4 may not purchase or receive blacknose sharks or non-
blacknose SCS in the Atlantic region from a vessel issued a shark LAP, 
except that a permitted shark dealer or processor may possess blacknose 
sharks and/or non-blacknose SCS in the Atlantic 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). Similarly, a shark dealer issued a permit pursuant 
to Sec.  635.4, in accordance with relevant state regulations, may 
purchase or receive blacknose sharks and/or non-blacknose SCS in the 
Atlantic 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 a 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 fisheries are currently underway and any delay in 
this action would result in

[[Page 32041]]

overharvest of the Atlantic blacknose SCS 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: June 2, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-13795 Filed 6-2-15; 4:15 pm]
 BILLING CODE 3510-22-P



                                                32040                 Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Rules and Regulations

                                                is October 2, 2014. For regulatory                      SUPPLEMENTARY INFORMATION:      The                    the Atlantic region are research large
                                                analyses and notices associated with                    Atlantic shark fisheries are managed                   coastal sharks, sandbar sharks within
                                                this action, please see the interim final               under the 2006 Consolidated HMS                        the shark research fishery, blue shark,
                                                rule published at 79 FR 59448.                          Fishery Management Plan (FMP), its                     and pelagic sharks other than porbeagle
                                                                                                        amendments, and its implementing                       or blue shark management groups. On
                                                PART 10—MAINTENANCE OF AND                              regulations (50 CFR part 635) issued                   July 1, 2015, in the Atlantic region, the
                                                ACCESS TO RECORDS PERTAINING                            under authority of the Magnuson-                       aggregated large coastal shark and
                                                TO INDIVIDUALS                                          Stevens Fishery Conservation and                       hammerhead shark management groups
                                                  Accordingly, the interim rule                         Management Act (16 U.S.C. 1801 et                      will open.
                                                                                                        seq.).                                                    At § 635.27(b)(1), the boundary
                                                amending 49 CFR part 10 which was
                                                                                                           Under § 635.5(b)(1), dealers must                   between the Gulf of Mexico region and
                                                published at 79 FR 59448 on October 2,
                                                                                                        electronically submit reports on sharks                the Atlantic region is defined as a line
                                                2014, is adopted as a final rule without
                                                                                                        that are first received from a vessel on               beginning on the East Coast of Florida
                                                change.
                                                                                                        a weekly basis through a NMFS-                         at the mainland at 25°20.4′ N. lat,
                                                  Issued in Washington, DC, on May 19,                  approved electronic reporting system.                  proceeding due east. Any water and
                                                2015, under authority delegated in 49 CFR               Reports must be received by no later                   land to the south and west of that
                                                1.27(c).                                                than midnight, local time, of the first                boundary is considered, for the
                                                Kathryn B. Thomson,                                     Tuesday following the end of the                       purposes of monitoring and setting
                                                General Counsel.                                        reporting week unless the dealer is                    quotas, to be within the Gulf of Mexico
                                                [FR Doc. 2015–13760 Filed 6–4–15; 8:45 am]              otherwise notified by NMFS. Under                      region.
                                                BILLING CODE 4910–9X–P                                  § 635.28(b)(2), the quotas of certain                     During the closure, retention of
                                                                                                        species and/or management groups are                   blacknose sharks and non-blacknose
                                                                                                        linked. The quotas for blacknose sharks                SCS in the Atlantic region is prohibited
                                                DEPARTMENT OF COMMERCE                                  and the non-blacknose SCS management                   for persons fishing aboard vessels issued
                                                                                                        group in the Atlantic region are linked                a commercial shark limited access
                                                National Oceanic and Atmospheric                        (§ 635.28(b)(3)(iii)). Under                           permit (LAP) under § 635.4. However,
                                                Administration                                          § 635.28(b)(2), when NMFS calculates                   persons aboard a commercially
                                                                                                        that the landings for any species and/or               permitted vessel that is also properly
                                                50 CFR Part 635                                         management group of a linked group                     permitted to operate as a charter vessel
                                                                                                        has reached or is projected to reach 80                or headboat for highly migratory species
                                                [Docket No. 140429387–4971–02]                                                                                 (HMS) and is engaged in a for-hire trip
                                                                                                        percent of the available quota, NMFS
                                                RIN 0648–XD980                                          will file for publication with the Office              could fish under the recreational
                                                                                                        of the Federal Register a notice of                    retention limits for sharks and ‘‘no sale’’
                                                Atlantic Highly Migratory Species;                      closure for all of the species and/or                  provisions (§ 635.22(a) and (c)).
                                                Commercial Blacknose Sharks and                         management groups in a linked group                       During this closure, a shark dealer
                                                Non-Blacknose Small Coastal Sharks                      that will be effective no fewer than 5                 issued a permit pursuant to § 635.4 may
                                                in the Atlantic Region                                  days from date of filing. From the                     not purchase or receive blacknose
                                                                                                        effective date and time of the closure                 sharks or non-blacknose SCS in the
                                                AGENCY:  National Marine Fisheries
                                                                                                        until and if NMFS announces, via a                     Atlantic region from a vessel issued a
                                                Service (NMFS), National Oceanic and
                                                                                                        notice in the Federal Register, that                   shark LAP, except that a permitted
                                                Atmospheric Administration (NOAA),
                                                                                                        additional quota is available and the                  shark dealer or processor may possess
                                                Commerce.
                                                                                                        season is reopened, the fisheries for all              blacknose sharks and/or non-blacknose
                                                ACTION: Temporary rule; closure.                                                                               SCS in the Atlantic region that were
                                                                                                        linked species and/or management
                                                SUMMARY:   NMFS is closing the fisheries                groups are closed, even across fishing                 harvested, off-loaded, and sold, traded,
                                                for commercial blacknose sharks and                     years.                                                 or bartered prior to the effective date of
                                                non-blacknose small coastal sharks                         On December 2, 2014 (79 FR 71331),                  the closure and were held in storage
                                                (SCS) in the Atlantic region. This action               NMFS announced that the 2015                           consistent with § 635.28(b)(5). Similarly,
                                                is necessary because the commercial                     commercial Atlantic blacknose shark                    a shark dealer issued a permit pursuant
                                                landings of Atlantic blacknose sharks                   quota is 17.5 metric tons (mt) dressed                 to § 635.4, in accordance with relevant
                                                for the 2015 fishing season have                        weight (dw) (38,638 lb dw) and the non-                state regulations, may purchase or
                                                exceeded 80 percent of the available                    blacknose SCS quota is 176.1 mt dw                     receive blacknose sharks and/or non-
                                                commercial quota as of May 29, 2015,                    (388,222 lb dw).                                       blacknose SCS in the Atlantic region if
                                                and the blacknose shark and non-                           Dealer reports recently received                    the sharks were harvested, off-loaded,
                                                                                                        through May 29, 2015, indicated that                   and sold, traded, or bartered from a
                                                blacknose SCS fisheries are quota-linked
                                                                                                        16.3 mt dw or 93 percent of the                        vessel that fishes only in state waters
                                                under current regulations.
                                                                                                        available Atlantic blacknose shark quota               and that has not been issued a shark
                                                DATES: The commercial fisheries for                     had been landed and 86.1 mt dw or 49                   LAP, HMS Angling permit, or HMS
                                                blacknose sharks and non-blacknose                      percent of the available Atlantic non-                 Charter/Headboat permit pursuant to
                                                SCS in the Atlantic region are closed                   blacknose SCS quota had been landed.                   § 635.4.
                                                effective 11:30 p.m. local time June 7,                 Based on these dealer reports, landings
                                                2015 until the end of the 2015 fishing                  of Atlantic blacknose sharks have                      Classification
                                                season on December 31, 2015, or until                   already exceeded 80 percent of the                       Pursuant to 5 U.S.C. 553(b)(B), the
mstockstill on DSK4VPTVN1PROD with RULES




                                                and if NMFS announces via a notice in                   quota. Accordingly, NMFS is closing                    Assistant Administrator for Fisheries,
                                                the Federal Register that additional                    both the commercial blacknose shark                    NOAA (AA), finds that providing prior
                                                quota is available and the season is                    fishery and non-blacknose SCS                          notice and public comment for this
                                                reopened.                                               management group in the Atlantic                       action is impracticable and contrary to
                                                FOR FURTHER INFORMATION CONTACT:                        region as of 11:30 p.m. local time June                the public interest because the fisheries
                                                Alexis Jackson or Karyl Brewster-Geisz                  7, 2015. The only shark species or                     are currently underway and any delay
                                                301–427–8503; fax 301–713–1917.                         management groups that remain open in                  in this action would result in


                                           VerDate Sep<11>2014   17:17 Jun 04, 2015   Jkt 235001   PO 00000   Frm 00070   Fmt 4700   Sfmt 4700   E:\FR\FM\05JNR1.SGM   05JNR1


                                                                      Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Rules and Regulations                                              32041

                                                overharvest of the Atlantic blacknose                   experience reductions in the available                   Authority: 16 U.S.C. 1801 et seq.
                                                SCS quota and be inconsistent with                      quota and a lack of fishing opportunities                Dated: June 2, 2015.
                                                management requirements and                             in future seasons. For these reasons, the
                                                                                                                                                               Emily H. Menashes,
                                                objectives. Similarly, affording prior                  AA also finds good cause to waive the
                                                notice and opportunity for public                       30-day delay in effective date pursuant                Acting Director, Office of Sustainable
                                                                                                                                                               Fisheries, National Marine Fisheries Service.
                                                comment on this action is contrary to                   to 5 U.S.C. 553(d)(3). This action is
                                                the public interest because if the quota                required under § 635.28(b)(2) and is                   [FR Doc. 2015–13795 Filed 6–2–15; 4:15 pm]
                                                is exceeded, the stock may be negatively                exempt from review under Executive                     BILLING CODE 3510–22–P
                                                affected and fishermen ultimately could                 Order 12866.
mstockstill on DSK4VPTVN1PROD with RULES




                                           VerDate Sep<11>2014   17:17 Jun 04, 2015   Jkt 235001   PO 00000   Frm 00071   Fmt 4700   Sfmt 9990   E:\FR\FM\05JNR1.SGM   05JNR1



Document Created: 2015-12-15 15:20:15
Document Modified: 2015-12-15 15:20:15
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; closure.
DatesThe commercial fisheries for blacknose sharks and non-blacknose SCS in the Atlantic region are closed effective 11:30 p.m. local time June 7, 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.
ContactAlexis Jackson or Karyl Brewster-Geisz 301-427-8503; fax 301-713-1917.
FR Citation80 FR 32040 
RIN Number0648-XD98

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