80 FR 36974 - Stock Status Determination for Atlantic Highly Migratory Atlantic Smooth Dogfish Shark and the Gulf of Mexico Smoothhound Sharks Complex
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 124 (June 29, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 124 (June 29, 2015)
| Page Range | 36974-36975 | |
| FR Document | 2015-15809 |
[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)] [Notices] [Pages 36974-36975] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-15809] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XD969 Stock Status Determination for Atlantic Highly Migratory Atlantic Smooth Dogfish Shark and the Gulf of Mexico Smoothhound Sharks Complex AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This action serves as a notice that NMFS, on behalf of the Secretary of Commerce (Secretary), has determined that the Atlantic smooth dogfish shark (Mustelus canis) and the Gulf of Mexico smoothhound shark complex, which is comprised of Atlantic smooth dogfish, Florida smoothhound (M. norrisi), and Gulf smoothhound (M. sinusmexicanus), are not overfished and overfishing is not occurring. FOR FURTHER INFORMATION CONTACT: Andrew Rubin or Karyl Brewster-Geisz by phone at 301-427-8503. SUPPLEMENTARY INFORMATION: Background Atlantic smooth dogfish, Florida smoothhound, and Gulf smoothhound sharks are managed under the authority of the Magnuson-Stevens Fishery Conservation and Management Act. NMFS manages all shark species, except for spiny dogfish (Squalus acanthias), under the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP) and its amendments. NMFS recently assessed the status of these species for the first time using the Southeast Data, Assessment, and Review (SEDAR) process. The final stock assessment (SEDAR 39) was finalized and peer reviewed in March 2015. Data from tagging and genetic research in SEDAR 39 support the existence of two distinct Atlantic and Gulf of Mexico stocks of smooth dogfish separated by peninsular Florida. Therefore, smooth dogfish was treated as two separate stocks, one in the Atlantic region and one in the Gulf of Mexico region. Additionally, because smooth dogfish are the only species of smoothhound sharks occurring in the Atlantic region, the scientists conducted a stock assessment for only this species in the Atlantic region. However, because all three species occur in the Gulf of Mexico, and given the difficulty with distinguishing among and identifying the individual species of smoothhound sharks occurring in the Gulf of Mexico region, the scientists treated all three smoothhound species (smooth dogfish, Florida smoothhound, and Gulf smoothhound) as a single smoothhound shark complex within the Gulf of Mexico region. All documents and information regarding SEDAR 39 can be found on the SEDAR Web page at http://sedarweb.org/sedar-39. Atlantic Region For Atlantic smooth dogfish, the scientists used a length-based age-structured stock assessment model. This was the first HMS shark stock assessment conducted within the SEDAR process to utilize this type of modeling framework. The Atlantic smooth dogfish assessment implemented spawning stock fecundity (SSF), which was used as a proxy for biomass, natural mortality (M), steepness of the Beverton-Holt stock-recruitment relationship, and the selectivity patterns using the same methods as in previous HMS shark assessment. Two selectivity patterns were explored for the main targeted gillnet fishery (dome-shaped and asymptotic). The use of these two selectivity patterns resulted in two alternative base model configurations being evaluated. Based on diagnostic results, the scientists recommended that the dome-shaped functional form be selected as the base model. The peer reviewers found this base model to be an appropriate methodology. For this base model, the stock assessment scientists explored seven sensitivity scenarios. All seven model runs found that SSF in 2012 (SSF2012 ), was greater than SSFMSY (SSF2012 /SSFMSY ranged from 1.96 to 2.81 vs. 2.29 in the base model) and that F2012 was less than FMSY (F2012 /FMSY ranged from 0.61 to 0.99 vs. 0.79 in the base model). Projection results for the base model configuration indicated that levels of fixed removals less than or equal to 550 (1000s of sharks) resulted in at least a 70 percent probability of maintaining SSF above SSFMSY during the years 2013-2022. Projections for the seven sensitivity scenarios resulted in a range of fixed removals from 350 to 850 (1000s of sharks) with at least a 70 percent probability of maintaining SSF above SSFMSY during the years 2013-2022. The peer reviewers found it is likely that the Atlantic smooth dogfish stock is not overfished, and overfishing is not occurring based on the base model and range of associated sensitivities. The peer reviewers indicated that the range of sensitivities appropriately captured the uncertainty regarding the states of nature and the potential implications for the reference points. However they cautioned about inferences drawn about stock status because of the level of uncertainty associated with the stock-recruitment relationship and uncertainty in the catches, and noted that the fishing level for the most recent year is close to FMSY for some sensitivity runs. Overall, the peer reviewers determined the stock assessment to be based on the best scientific information available. Based on these results, NMFS determined that the status of smooth dogfish is not overfished and overfishing is not occurring. Gulf of Mexico Region The model structure for the Gulf of Mexico smoothhound shark complex was different than the Atlantic stock of smooth dogfish because of the need to combine life history data for all three [[Page 36975]] species. The scientists combined this data using a life table to calculate the mid-point biological values between the species. They then used a state-space Bayesian surplus production model that implemented a Schaefer production model in a Bayesian framework. The peer reviewers found this model to be appropriate and robust. The reviewers noted issues could occur if the biology and population dynamics differed significantly but they did not believe this was an issue for the current assessment. In addition to the base model, the assessment scientists ran a number of sensitivities. All sensitivities found that the number of sharks in 2012 (N2012 ), which was the proxy used for biomass for this model, was greater than NMSY (N2012 / NMSY ranged from 1.68 to 1.83 vs. 1.78 in the base model) and the exploitation rate in 2012 (H2012 ), which was the proxy used for fishing mortality in this model, was less than HMSY (H2012 /HMSY ranged from 0.07 to 0.35 vs. 0.18 in the base model). Projections under varying catch levels conducted with the base model and sensitivities reflecting plausible states of nature, except the low catch scenario which was not deemed plausible, indicated that the 2012 catch could be increased by a factor of 4 and still allow for less than a 30 percent probability of the stock being overfished during any of the 10 years in the projection horizon. Similarly, the projected scenarios indicated that the 2012 catch could be increased by a factor of 2, 3, or 4 and still allow for less than a 30 percent probability of overfishing occurring during any of the 10 years in the projection horizon. The peer reviewers found the Gulf of Mexico smoothhound complex is most likely neither overfished, nor undergoing overfishing. The peer reviewers noted that the reliability of the stock status determination is dependent on the accuracy of the shrimp trawl bycatch estimates for these species and suggested that NMFS explore alternative catch streams to help assess this uncertainty. Nonetheless, the review panel believed that the model and associated sensitivities captured the main uncertainties associated with the assessment. The review panel considered the base model and corresponding sensitivity runs the best scientific information available. Based on these results, NMFS determined that the status of the Gulf of Mexico smoothhound shark complex is not overfished and overfishing is not occurring. Dated: June 23, 2015. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015-15809 Filed 6-26-15; 8:45 am] BILLING CODE 3510-22-P
![36974 Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Notices
Harmonized Tariff Schedule of the FOR FURTHER INFORMATION CONTACT: selectivity patterns using the same
United States (‘‘HTSUS’’).3 Andrew Rubin or Karyl Brewster-Geisz methods as in previous HMS shark
by phone at 301–427–8503. assessment.
Final Results of Review Two selectivity patterns were
SUPPLEMENTARY INFORMATION:
Pursuant to section 752(c) of the Act, explored for the main targeted gillnet
we determine that revocation of the Background fishery (dome-shaped and asymptotic).
antidumping duty order on barium Atlantic smooth dogfish, Florida The use of these two selectivity patterns
chloride from the PRC would be likely smoothhound, and Gulf smoothhound resulted in two alternative base model
to lead to continuation or recurrence of sharks are managed under the authority configurations being evaluated. Based
dumping at weighted average margins of the Magnuson-Stevens Fishery on diagnostic results, the scientists
up to 155.50 percent. Conservation and Management Act. recommended that the dome-shaped
Administrative Protective Order NMFS manages all shark species, except functional form be selected as the base
for spiny dogfish (Squalus acanthias), model. The peer reviewers found this
This notice also serves as the only under the 2006 Consolidated Atlantic base model to be an appropriate
reminder to parties subject to Highly Migratory Species (HMS) Fishery methodology.
administrative protective order (‘‘APO’’) Management Plan (FMP) and its For this base model, the stock
of their responsibility concerning the amendments. assessment scientists explored seven
return or destruction of proprietary NMFS recently assessed the status of sensitivity scenarios. All seven model
information disclosed under APO in these species for the first time using the runs found that SSF in 2012 (SSF2012),
accordance with 19 CFR 351.305. Southeast Data, Assessment, and was greater than SSFMSY (SSF2012/
Timely notification of the return of Review (SEDAR) process. The final SSFMSY ranged from 1.96 to 2.81 vs.
destruction of APO materials or stock assessment (SEDAR 39) was 2.29 in the base model) and that F2012
conversion to judicial protective order is finalized and peer reviewed in March was less than FMSY (F2012/FMSY ranged
hereby requested. Failure to comply 2015. from 0.61 to 0.99 vs. 0.79 in the base
with the regulations and terms of an Data from tagging and genetic model). Projection results for the base
APO is a violation which is subject to research in SEDAR 39 support the model configuration indicated that
sanction. existence of two distinct Atlantic and levels of fixed removals less than or
This sunset review and notice are in Gulf of Mexico stocks of smooth dogfish equal to 550 (1000s of sharks) resulted
accordance with sections 751(c), 752(c), separated by peninsular Florida. in at least a 70 percent probability of
and 777(i)(1) of the Act. Therefore, smooth dogfish was treated maintaining SSF above SSFMSY during
Dated: June 23, 2015. as two separate stocks, one in the the years 2013–2022. Projections for the
Paul Piquado, Atlantic region and one in the Gulf of seven sensitivity scenarios resulted in a
Assistant Secretary for Enforcement and Mexico region. range of fixed removals from 350 to 850
Compliance. Additionally, because smooth dogfish (1000s of sharks) with at least a 70
[FR Doc. 2015–15903 Filed 6–26–15; 8:45 am] are the only species of smoothhound percent probability of maintaining SSF
BILLING CODE 3510–DS–P
sharks occurring in the Atlantic region, above SSFMSY during the years 2013–
the scientists conducted a stock 2022.
assessment for only this species in the The peer reviewers found it is likely
DEPARTMENT OF COMMERCE Atlantic region. However, because all that the Atlantic smooth dogfish stock is
three species occur in the Gulf of not overfished, and overfishing is not
National Oceanic and Atmospheric Mexico, and given the difficulty with occurring based on the base model and
Administration distinguishing among and identifying range of associated sensitivities. The
RIN 0648–XD969 the individual species of smoothhound peer reviewers indicated that the range
sharks occurring in the Gulf of Mexico of sensitivities appropriately captured
Stock Status Determination for Atlantic region, the scientists treated all three the uncertainty regarding the states of
Highly Migratory Atlantic Smooth smoothhound species (smooth dogfish, nature and the potential implications for
Dogfish Shark and the Gulf of Mexico Florida smoothhound, and Gulf the reference points. However they
Smoothhound Sharks Complex smoothhound) as a single smoothhound cautioned about inferences drawn about
shark complex within the Gulf of stock status because of the level of
AGENCY: National Marine Fisheries Mexico region. uncertainty associated with the stock-
Service (NMFS), National Oceanic and All documents and information recruitment relationship and
Atmospheric Administration (NOAA), regarding SEDAR 39 can be found on uncertainty in the catches, and noted
Commerce. the SEDAR Web page at http:// that the fishing level for the most recent
ACTION: Notice. sedarweb.org/sedar-39. year is close to FMSY for some
SUMMARY: This action serves as a notice sensitivity runs. Overall, the peer
Atlantic Region
that NMFS, on behalf of the Secretary of reviewers determined the stock
For Atlantic smooth dogfish, the assessment to be based on the best
Commerce (Secretary), has determined scientists used a length-based age-
that the Atlantic smooth dogfish shark scientific information available. Based
structured stock assessment model. This on these results, NMFS determined that
(Mustelus canis) and the Gulf of Mexico was the first HMS shark stock
smoothhound shark complex, which is the status of smooth dogfish is not
assessment conducted within the overfished and overfishing is not
comprised of Atlantic smooth dogfish,
mstockstill on DSK4VPTVN1PROD with NOTICES
SEDAR process to utilize this type of occurring.
Florida smoothhound (M. norrisi), and modeling framework. The Atlantic
Gulf smoothhound (M. Gulf of Mexico Region
smooth dogfish assessment
sinusmexicanus), are not overfished and
implemented spawning stock fecundity The model structure for the Gulf of
overfishing is not occurring.
(SSF), which was used as a proxy for Mexico smoothhound shark complex
3 The scope reflects the HTSUS item number
biomass, natural mortality (M), was different than the Atlantic stock of
currently in effect. The full scope of the order is steepness of the Beverton-Holt stock- smooth dogfish because of the need to
provided in the Decision Memorandum. recruitment relationship, and the combine life history data for all three
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![Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Notices 36975
species. The scientists combined this Dated: June 23, 2015. SUPPLEMENTARY INFORMATION: The
data using a life table to calculate the Jennifer M. Wallace, subject amendment to Permit No.
mid-point biological values between the Acting Director, Office of Sustainable 14809–01 is requested under the
species. They then used a state-space Fisheries, National Marine Fisheries Service. authority of the Marine Mammal
Bayesian surplus production model that [FR Doc. 2015–15809 Filed 6–26–15; 8:45 am] Protection Act of 1972, as amended (16
implemented a Schaefer production BILLING CODE 3510–22–P U.S.C. 1361 et seq.), the regulations
model in a Bayesian framework. The governing the taking and importing of
peer reviewers found this model to be marine mammals (50 CFR part 216), the
appropriate and robust. The reviewers DEPARTMENT OF COMMERCE Endangered Species Act of 1973, as
noted issues could occur if the biology amended (16 U.S.C. 1531 et seq.), and
and population dynamics differed National Oceanic and Atmospheric
Administration the regulations governing the taking,
significantly but they did not believe importing, and exporting of endangered
this was an issue for the current RIN 0648–XC632 and threatened species (50 CFR 222–
assessment. 226).
In addition to the base model, the Marine Mammals; File No. 14809
Permit No. 14809, issued on March
assessment scientists ran a number of AGENCY: National Marine Fisheries 24, 2014 (79 FR 18526), authorizes the
sensitivities. All sensitivities found that Service (NMFS), National Oceanic and permit holder to conduct comparative
the number of sharks in 2012 (N2012), Atmospheric Administration (NOAA), research on 34 species/stocks of
which was the proxy used for biomass Commerce. cetaceans in the North Atlantic, North
for this model, was greater than NMSY ACTION: Notice; receipt of application for Pacific and Southern Oceans.
(N2012/NMSY ranged from 1.68 to 1.83 vs. permit amendment.
1.78 in the base model) and the Authorized activities include suction
exploitation rate in 2012 (H2012), which SUMMARY: Notice is hereby given that cup tagging, acoustic playbacks, passive
was the proxy used for fishing mortality Douglas Nowacek, Ph.D., Duke acoustics, biopsy sampling, photo-
in this model, was less than HMSY University—Marine Laboratory, 135 identification, behavioral observations,
(H2012/HMSY ranged from 0.07 to 0.35 vs. Duke Marine Lab Rd., Beaufort, NC and incidental harassment during vessel
0.18 in the base model). Projections 28516, has applied for an amendment to surveys. The research objectives are to:
under varying catch levels conducted Scientific Research Permit No. 14809– (1) Document baseline foraging and
with the base model and sensitivities 01. social behavior of cetacean species
reflecting plausible states of nature, under different ecological conditions;
DATES: Written, telefaxed, or email
except the low catch scenario which (2) place these behaviors in a
comments must be received on or before
was not deemed plausible, indicated July 29, 2015. population-level context; and (3)
that the 2012 catch could be increased determine how these species respond to
ADDRESSES: The application and related
by a factor of 4 and still allow for less various natural sound sources. The
documents are available for review by
than a 30 percent probability of the permit is valid through March 31, 2019.
selecting ‘‘Records Open for Public
stock being overfished during any of the Comment’’ from the ‘‘Features’’ box on A minor amendment (–01) was issued
10 years in the projection horizon. the Applications and Permits for on December 4, 2014 to the permit to
Similarly, the projected scenarios Protected Species home page, https:// authorize another type of suction cup
indicated that the 2012 catch could be apps.nmfs.noaa.gov, and then selecting tag. The permit holder is requesting the
increased by a factor of 2, 3, or 4 and File No. 14809 Modification #5 from the permit be amended to authorize the use
still allow for less than a 30 percent list of available applications. of dart/barb tags during authorized
probability of overfishing occurring These documents are also available tagging efforts on Cuvier’s beaked
during any of the 10 years in the upon written request or by appointment whales (Ziphius cavirostris), short-
projection horizon. in the Permits and Conservation finned pilot whales (Globicephala
The peer reviewers found the Gulf of Division, Office of Protected Resources, macrorhynchus), Risso’s dolphins
Mexico smoothhound complex is most NMFS, 1315 East-West Highway, Room (Grampus griseus), Arnoux’s beaked
likely neither overfished, nor 13705, Silver Spring, MD 20910; phone whales (Berardius arnuxii), Antarctic
undergoing overfishing. The peer (301) 427–8401; fax (301) 713–0376. minke whales (Balaenoptera
reviewers noted that the reliability of Written comments on this application bonaerensis) and endangered humpback
the stock status determination is should be submitted to the Chief, whales (Megaptera novaeangliae)
dependent on the accuracy of the Permits and Conservation Division, at during vessel surveys. No other changes
shrimp trawl bycatch estimates for these the address listed above. Comments may to the permit are requested.
species and suggested that NMFS also be submitted by facsimile to (301)
In compliance with the National
explore alternative catch streams to help 713–0376, or by email to
Environmental Policy Act of 1969 (42
assess this uncertainty. Nonetheless, the NMFS.Pr1Comments@noaa.gov. Please
include the File No. in the subject line U.S.C. 4321 et seq.), an initial
review panel believed that the model
of the email comment. determination has been made that the
and associated sensitivities captured the
Those individuals requesting a public activity proposed is categorically
main uncertainties associated with the
hearing should submit a written request excluded from the requirement to
assessment. The review panel
to the Chief, Permits and Conservation prepare an environmental assessment or
mstockstill on DSK4VPTVN1PROD with NOTICES
considered the base model and
Division at the address listed above. The environmental impact statement.
corresponding sensitivity runs the best
scientific information available. Based request should set forth the specific Concurrent with the publication of
on these results, NMFS determined that reasons why a hearing on this this notice in the Federal Register,
the status of the Gulf of Mexico application would be appropriate. NMFS is forwarding copies of this
smoothhound shark complex is not FOR FURTHER INFORMATION CONTACT: application to the Marine Mammal
overfished and overfishing is not Amy Hapeman or Courtney Smith, (301) Commission and its Committee of
occurring. 427–8401. Scientific Advisors.
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Document Created: 2015-12-15 14:24:57
Document Modified: 2015-12-15 14:24:57
| 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 | Notices | |
| Action | Notice. | |
| Contact | Andrew Rubin or Karyl Brewster-Geisz by phone at 301-427-8503. | |
| FR Citation | 80 FR 36974 | |
| RIN Number | 0648-XD96 |
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