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)

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, 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