80 FR 38016 - Gulf of Mexico Highly Migratory Species; Commercial Blacknose Sharks and Non-Blacknose Small Coastal Sharks in the Gulf of Mexico Region

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 127 (July 2, 2015)

Page Range		38016-38017
FR Document		2015-16355

NMFS is closing the fisheries for commercial non-blacknose small coastal sharks (SCS) and blacknose sharks in the Gulf of Mexico region. This action is necessary because the commercial landings of Gulf of Mexico non-blacknose SCS for the 2015 fishing season have exceeded 80 percent of the available commercial quota as of June 26, 2015, and the blacknose shark and non-blacknose SCS fisheries are quota-linked under current regulations.

Federal Register, Volume 80 Issue 127 (Thursday, July 2, 2015)

[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Rules and Regulations]
[Pages 38016-38017]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16355]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 140429387-4971-02]
RIN 0648-XD954


Gulf of Mexico Highly Migratory Species; Commercial Blacknose 
Sharks and Non-Blacknose Small Coastal Sharks in the Gulf of Mexico 
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 non-blacknose 
small coastal sharks (SCS) and blacknose sharks in the Gulf of Mexico 
region. This action is necessary because the commercial landings of 
Gulf of Mexico non-blacknose SCS for the 2015 fishing season have 
exceeded 80 percent of the available commercial quota as of June 26, 
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 Gulf of Mexico region are closed effective 11:30 p.m. local 
time July 4, 2015, until the end of the 2015 fishing season on December 
31, 2015, or until and if NMFS announces via notification in the 
Federal Register that additional quota is available and the season is 
reopened.

FOR FURTHER INFORMATION CONTACT: Guy DuBeck or Karyl Brewster-Geisz 
301-427-8503; fax 301-713-1917.

SUPPLEMENTARY INFORMATION: The Gulf of Mexico shark fisheries are 
managed under the 2006 Consolidated Highly Migratory Species (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

[[Page 38017]]

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 non-
blacknose SCS and the blacknose shark management group in the Gulf of 
Mexico region are linked (Sec.  635.28(b)(3)(iv)). 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 
notification 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 Gulf of Mexico non-blacknose SCS quota is 45.5 metric tons 
(mt) dressed weight (dw) (100,317 lb dw) and the blacknose shark quota 
is 1.8 mt dw (4,076 lb dw).
    Dealer reports recently received through June 26, 2015, indicated 
that 36.9 mt dw or 81 percent of the available Gulf of Mexico non-
blacknose SCS quota had been landed and 1.0 mt dw or 52 percent of the 
available Gulf of Mexico blacknose shark quota had been landed. Based 
on these dealer reports, landings of non-blacknose SCS have exceeded 80 
percent of the quota by June 26, 2015. Accordingly, NMFS is closing 
both the commercial blacknose shark fishery and non-blacknose SCS 
management group in the Gulf of Mexico region as of 11:30 p.m. local 
time July 4, 2015. The only shark species or management groups that 
remain open in the Gulf of Mexico region are the research large coastal 
sharks, sandbar sharks within the shark research fishery, the blue 
shark, and pelagic sharks other than porbeagle or blue shark management 
groups.
    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 Gulf of Mexico 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 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 Gulf of Mexico 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 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). Similarly, a shark dealer issued a permit 
pursuant to Sec.  635.4 may, in accordance with relevant state 
regulations, purchase or receive blacknose sharks and/or non-blacknose 
SCS 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 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 overharvest of the Gulf of Mexico non-
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 29, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-16355 Filed 6-29-15; 4:15 pm]
BILLING CODE 3510-22-P

Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 38017

Management Act (16 U.S.C. 1801 et the Atlantic region is defined as a line fishing opportunities in future seasons.
seq.). beginning on the East Coast of Florida For these reasons, the AA also finds
Under § 635.5(b)(1), dealers must at the mainland at 25°20.4′ N. lat, good cause to waive the 30-day delay in
electronically submit reports on sharks proceeding due east. Any water and effective date pursuant to 5 U.S.C.
that are first received from a vessel on land to the south and west of that 553(d)(3). This action is required under
a weekly basis through a NMFS- boundary is considered, for the § 635.28(b)(2) and is exempt from
approved electronic reporting system. purposes of monitoring and setting review under Executive Order 12866.
Reports must be received by no later quotas, to be within the Gulf of Mexico Authority: 16 U.S.C. 1801 et seq.
than midnight, local time, of the first region.
Tuesday following the end of the During the closure, retention of Dated: June 29, 2015.
reporting week unless the dealer is blacknose sharks and non-blacknose Emily H. Menashes,
otherwise notified by NMFS. Under SCS in the Gulf of Mexico region is Acting Director, Office of Sustainable
§ 635.28(b)(2), the quotas of certain prohibited for persons fishing aboard Fisheries, National Marine Fisheries Service.
species and/or management groups are vessels issued a commercial shark [FR Doc. 2015–16355 Filed 6–29–15; 4:15 pm]
linked. The quotas for non-blacknose limited access permit (LAP) under BILLING CODE 3510–22–P
SCS and the blacknose shark § 635.4. However, persons aboard a
management group in the Gulf of commercially permitted vessel that is
Mexico region are linked also properly permitted to operate as a DEPARTMENT OF COMMERCE
(§ 635.28(b)(3)(iv)). Under § 635.28(b)(2), charter vessel or headboat for HMS and
when NMFS calculates that the landings is engaged in a for-hire trip could fish National Oceanic and Atmospheric
for any species and/or management under the recreational retention limits Administration
group of a linked group has reached or for sharks and ‘‘no sale’’ provisions
is projected to reach 80 percent of the (§ 635.22(a) and (c)). 50 CFR Part 679
available quota, NMFS will file for During this closure, a shark dealer [Docket No. 141021887–5172–02]
publication with the Office of the issued a permit pursuant to § 635.4 may
Federal Register a notice of closure for not purchase or receive blacknose RIN 0648–XE023
all of the species and/or management sharks or non-blacknose SCS in the Gulf
groups in a linked group that will be of Mexico region from a vessel issued a Fisheries of the Exclusive Economic
effective no fewer than 5 days from date shark LAP, except that a permitted Zone Off Alaska; Exchange of Flatfish
of filing. From the effective date and shark dealer or processor may possess in the Bering Sea and Aleutian Islands
time of the closure until and if NMFS blacknose sharks and/or non-blacknose Management Area
announces, via notification in the SCS in the Gulf of Mexico region that AGENCY: National Marine Fisheries
Federal Register, that additional quota were harvested, off-loaded, and sold, Service (NMFS), National Oceanic and
is available and the season is reopened, traded, or bartered prior to the effective Atmospheric Administration (NOAA),
the fisheries for all linked species and/ date of the closure and were held in Commerce.
or management groups are closed, even storage consistent with § 635.28(b)(5). ACTION: Temporary rule; reallocation.
across fishing years. Similarly, a shark dealer issued a permit
On December 2, 2014 (79 FR 71331), pursuant to § 635.4 may, in accordance SUMMARY: NMFS is exchanging unused
NMFS announced that the 2015 with relevant state regulations, purchase Community Development Quota (CDQ)
commercial Gulf of Mexico non- or receive blacknose sharks and/or non- for CDQ acceptable biological catch
blacknose SCS quota is 45.5 metric tons blacknose SCS in the Gulf of Mexico (ABC) reserves. This action is necessary
(mt) dressed weight (dw) (100,317 lb region if the sharks were harvested, off- to allow the 2015 total allowable catch
dw) and the blacknose shark quota is 1.8 loaded, and sold, traded, or bartered of flathead sole, rock sole, and yellowfin
mt dw (4,076 lb dw). from a vessel that fishes only in state sole in the Bering Sea and Aleutian
Dealer reports recently received waters and that has not been issued a Islands management area to be
through June 26, 2015, indicated that shark LAP, HMS Angling permit, or harvested.
36.9 mt dw or 81 percent of the HMS Charter/Headboat permit pursuant
available Gulf of Mexico non-blacknose DATES: Effective July 2, 2015 through
to § 635.4.
SCS quota had been landed and 1.0 mt 2400 hours, Alaska local time (A.l.t.),
dw or 52 percent of the available Gulf Classification December 31, 2015.
of Mexico blacknose shark quota had Pursuant to 5 U.S.C. 553(b)(B), the FOR FURTHER INFORMATION CONTACT:
been landed. Based on these dealer Assistant Administrator for Fisheries, Steve Whitney, 907–586–7228.
reports, landings of non-blacknose SCS NOAA (AA), finds that providing prior SUPPLEMENTARY INFORMATION: NMFS
have exceeded 80 percent of the quota notice and public comment for this manages the groundfish fishery in the
by June 26, 2015. Accordingly, NMFS is action is impracticable and contrary to Bering Sea and Aleutian Islands
closing both the commercial blacknose the public interest because the fisheries management area (BSAI) according to
shark fishery and non-blacknose SCS are currently underway and any delay the Fishery Management Plan for
management group in the Gulf of in this action would result in Groundfish of the Bering Sea and
Mexico region as of 11:30 p.m. local overharvest of the Gulf of Mexico non- Aleutian Islands Management Area
asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER

time July 4, 2015. The only shark blacknose SCS quota and be (FMP) prepared by the North Pacific
species or management groups that inconsistent with management Fishery Management Council under
remain open in the Gulf of Mexico requirements and objectives. Similarly, authority of the Magnuson-Stevens
region are the research large coastal affording prior notice and opportunity Fishery Conservation and Management
sharks, sandbar sharks within the shark for public comment on this action is Act. Regulations governing fishing by
research fishery, the blue shark, and contrary to the public interest because if U.S. vessels in accordance with the FMP
pelagic sharks other than porbeagle or the quota is exceeded, the stock may be appear at subpart H of 50 CFR part 600
blue shark management groups. negatively affected and fishermen and 50 CFR part 679.
At § 635.27(b)(1), the boundary ultimately could experience reductions The 2015 flathead sole, rock sole and
between the Gulf of Mexico region and in the available quota and a lack of yellowfin sole CDQ reserves specified in

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Document Created: 2015-12-15 13:15:22
Document Modified: 2015-12-15 13:15:22

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 blacknose sharks and non-blacknose SCS in the Gulf of Mexico region are closed effective 11:30 p.m. local time July 4, 2015, until the end of the 2015 fishing season on December 31, 2015, or until and if NMFS announces via notification in the Federal Register that additional quota is available and the season is reopened.
Contact		Guy DuBeck or Karyl Brewster-Geisz 301-427-8503; fax 301-713-1917.
FR Citation		80 FR 38016
RIN Number		0648-XD95

80 FR 38016 - Gulf of Mexico Highly Migratory Species; Commercial Blacknose Sharks and Non-Blacknose Small Coastal Sharks in the Gulf of Mexico Region

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 127 (July 2, 2015)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration