80 FR 75436 - Atlantic Highly Migratory Species; Commercial Non-Blacknose Small Coastal Sharks in the Gulf of Mexico Region

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 231 (December 2, 2015)

Page Range		75436-75437
FR Document		2015-30540

NMFS is closing the fishery for commercial non-blacknose small coastal sharks (SCS) 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 are projected to exceed 80 percent of the available commercial quota as of November 27, 2015.

Federal Register, Volume 80 Issue 231 (Wednesday, December 2, 2015)

[Federal Register Volume 80, Number 231 (Wednesday, December 2, 2015)]
[Rules and Regulations]
[Pages 75436-75437]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30540]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 140429387-4971-02]
RIN 0648-XE334


Atlantic Highly Migratory Species; Commercial 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 fishery for commercial non-blacknose small 
coastal sharks (SCS) 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 are projected to exceed 80 
percent of the available commercial quota as of November 27, 2015.

DATES: The commercial fishery for non-blacknose SCS in the Gulf of 
Mexico region is closed effective 11:30 p.m. local time December 5, 
2015, until the end of the 2015 fishing season on December 31, 2015, 
and will reopen on January 1, 2016.

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

SUPPLEMENTARY INFORMATION: The Atlantic and 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 Management Act (16 U.S.C. 
1801 et seq.).
    Under Sec.  635.5(b)(1), dealers must report weekly on sharks they 
first receive from vessels through a NMFS-approved electronic reporting 
system. Under Sec.  635.28(b)(2), when NMFS calculates that the 
landings for any species and/or management group with a ``non-linked'' 
quota 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 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 notification in the Federal 
Register, that additional quota is available and the season is 
reopened, the fisheries remain 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 was 45.5 metric tons 
(mt) dressed weight (dw) (100,317 lb dw), while and the blacknose shark 
quota was 1.8 mt dw (4,076 lb dw). Dealer reports 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. Since the dealer landings of non-blacknose SCS exceeded 80 
percent of the quota, and the non-blacknose SCS and blacknose shark 
fisheries were quota-linked, NMFS closed the blacknose shark and non-
blacknose SCS fisheries on July 4, 2015 (80 FR 38016; July 2, 2016).
    On August 18, 2015 (80 FR 50073), NMFS published the final rule for 
Amendment 6 to the 2006 Consolidated HMS FMP which, among other things, 
established a new Gulf of Mexico non-blacknose SCS commercial quota of 
112.6 mt dw (248,215 lb dw), prohibited the retention of blacknose 
sharks in the Gulf of Mexico, and removed the quota linkage between the 
blacknose shark fishery and the non-blacknose SCS commercial fishery. 
At that time, NMFS estimated that approximately 66.4 mt dw of the new 
Gulf of Mexico non-blacknose SCS commercial quota was available and re-
opened the Gulf of Mexico non-blacknose SCS commercial fishery. Dealer 
reports received through November 20, 2015, indicated that a total of 
89.4 mt dw or 79 percent of the available Gulf of Mexico non-blacknose 
SCS commercial quota had been landed. Based on these dealer reports, 
NMFS

[[Page 75437]]

estimates that the 80 percent limit specified for closure will be 
exceeded by November 27, 2015. Accordingly, NMFS is closing the 
commercial non-blacknose SCS management group in the Gulf of Mexico 
region as of 11:30 p.m. local time December 5, 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. latitude, 
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 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 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 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)(6). Similarly, a shark 
dealer issued a permit pursuant to Sec.  635.4 may, in accordance with 
relevant state regulations, purchase or receive 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: November 27, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-30540 Filed 11-30-15; 4:15 pm]
 BILLING CODE 3510-22-P

75436 Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Rules and Regulations

List of Subjects in 50 CFR Part 622 round weight. The recreational ACT for regulations (50 CFR part 635) issued
Commercial, Fisheries, Fishing, gray triggerfish is 217,100 lb (98,475 kg), under authority of the Magnuson-
Greater amberjack, Gulf, Recreational, round weight. Stevens Fishery Conservation and
Reef fish. * * * * * Management Act (16 U.S.C. 1801 et
seq.).
Dated: November 25, 2015. ■ 5. In § 622.43, revise paragraph (a) to Under § 635.5(b)(1), dealers must
Eileen Sobeck, read as follows: report weekly on sharks they first
Assistant Administrator for Fisheries, receive from vessels through a NMFS-
§ 622.43 Commercial trip limits.
National Marine Fisheries Service. approved electronic reporting system.
* * * * * Under § 635.28(b)(2), when NMFS
For the reasons set out in the (a) Gulf greater amberjack. Until the
preamble, 50 CFR part 622 is amended calculates that the landings for any
quota specified in § 622.39(a)(1)(v) is species and/or management group with
as follows: reached, 1,500 lb (680 kg), gutted a ‘‘non-linked’’ quota has reached or is
PART 622—FISHERIES OF THE weight; 1,560 lb (708 kg), round weight. projected to reach 80 percent of the
CARIBBEAN, GULF OF MEXICO, AND See § 622.39(b) for the limitations available quota, NMFS will file for
SOUTH ATLANTIC regarding greater amberjack after the publication with the Office of the
quota is reached. Federal Register a notice of closure that
■ 1. The authority citation for part 622 * * * * * will be effective no fewer than 5 days
continues to read as follows: [FR Doc. 2015–30543 Filed 12–1–15; 8:45 am] from date of filing. From the effective
Authority: 16 U.S.C. 1801 et seq. BILLING CODE 3510–22–P date and time of the closure until and
■ 2. In § 622.37, revise paragraph (c)(4) if NMFS announces, via a notification in
to read as follows: the Federal Register, that additional
DEPARTMENT OF COMMERCE quota is available and the season is
§ 622.37 Size limits. reopened, the fisheries remain closed,
National Oceanic and Atmospheric
* * * * * even across fishing years.
Administration On December 2, 2014 (79 FR 71331),
(c) * * *
(4) Greater amberjack—34 inches NMFS announced that the 2015
50 CFR Part 635 commercial Gulf of Mexico non-
(86.4 cm), fork length, for a fish taken
by a person subject to the bag limit [Docket No. 140429387–4971–02] blacknose SCS quota was 45.5 metric
specified in § 622.38(b)(1) and 36 inches tons (mt) dressed weight (dw) (100,317
RIN 0648–XE334
(91.4 cm), fork length, for a fish taken lb dw), while and the blacknose shark
by a person not subject to the bag limit. Atlantic Highly Migratory Species; quota was 1.8 mt dw (4,076 lb dw).
* * * * * Commercial Non-Blacknose Small Dealer reports received through June 26,
Coastal Sharks in the Gulf of Mexico 2015, indicated that 36.9 mt dw or 81
■ 3. In § 622.39, revise paragraphs percent of the available Gulf of Mexico
(a)(1)(v) and (a)(2)(ii) to read as follows: Region
non-blacknose SCS quota had been
§ 622.39 Quotas. AGENCY: National Marine Fisheries landed and 1.0 mt dw or 52 percent of
Service (NMFS), National Oceanic and the available Gulf of Mexico blacknose
* * * * *
(a) * * * Atmospheric Administration (NOAA), shark quota had been landed. Since the
(1) * * * Commerce. dealer landings of non-blacknose SCS
(v) Greater amberjack—394,740 lb ACTION: Temporary rule; closure. exceeded 80 percent of the quota, and
(179,051 kg), round weight. the non-blacknose SCS and blacknose
SUMMARY: NMFS is closing the fishery shark fisheries were quota-linked,
* * * * *
(2) * * * for commercial non-blacknose small NMFS closed the blacknose shark and
(ii) Recreational quota for greater coastal sharks (SCS) in the Gulf of non-blacknose SCS fisheries on July 4,
amberjack. The recreational quota for Mexico region. This action is necessary 2015 (80 FR 38016; July 2, 2016).
greater amberjack is 1,092,372 lb because the commercial landings of Gulf On August 18, 2015 (80 FR 50073),
(495,492 kg), round weight. of Mexico non-blacknose SCS for the NMFS published the final rule for
2015 fishing season are projected to Amendment 6 to the 2006 Consolidated
* * * * * HMS FMP which, among other things,
exceed 80 percent of the available
■ 4. In § 622.41, revise paragraphs commercial quota as of November 27, established a new Gulf of Mexico non-
(a)(1)(iii), (a)(2)(iii), and (b)(2)(iii) to 2015. blacknose SCS commercial quota of
read as follows: 112.6 mt dw (248,215 lb dw), prohibited
DATES: The commercial fishery for non-
the retention of blacknose sharks in the
§ 622.41 Annual catch limits (ACLs), blacknose SCS in the Gulf of Mexico Gulf of Mexico, and removed the quota
annual catch targets (ACTs), and region is closed effective 11:30 p.m. linkage between the blacknose shark
accountability measures (AMs). local time December 5, 2015, until the fishery and the non-blacknose SCS
(a) * * * end of the 2015 fishing season on commercial fishery. At that time, NMFS
(1) * * * December 31, 2015, and will reopen on
(iii) The commercial ACL for greater estimated that approximately 66.4 mt
January 1, 2016. dw of the new Gulf of Mexico non-
amberjack is 464,400 lb (210,648 kg), FOR FURTHER INFORMATION CONTACT: Guy
round weight. blacknose SCS commercial quota was
DuBeck or Karyl Brewster-Geisz 301– available and re-opened the Gulf of
(2) * * *
jstallworth on DSK7TPTVN1PROD with RULES

(iii) The recreational ACL for greater 427–8503; fax 301–713–1917. Mexico non-blacknose SCS commercial
amberjack is 1,255,600 lb (569,531 kg), SUPPLEMENTARY INFORMATION: The fishery. Dealer reports received through
round weight. Atlantic and Gulf of Mexico shark November 20, 2015, indicated that a
(b) * * * fisheries are managed under the 2006 total of 89.4 mt dw or 79 percent of the
(2) * * * Consolidated Highly Migratory Species available Gulf of Mexico non-blacknose
(iii) The recreational ACL for gray (HMS) Fishery Management Plan (FMP), SCS commercial quota had been landed.
triggerfish is 241,200 lb (109,406 kg), its amendments, and its implementing Based on these dealer reports, NMFS

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Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Rules and Regulations 75437

estimates that the 80 percent limit NOAA (AA), finds that providing prior Michael D. Tosatto, Regional
specified for closure will be exceeded notice and public comment for this Administrator, NMFS Pacific Islands
by November 27, 2015. Accordingly, action is impracticable and contrary to Region (PIR), 1845 Wasp Blvd., Bldg.
NMFS is closing the commercial non- the public interest because the fisheries 176, Honolulu, HI 96818.
blacknose SCS management group in are currently underway and any delay Copies of the fishery ecosystem plans
the Gulf of Mexico region as of 11:30 in this action would result in are available from the Western Pacific
p.m. local time December 5, 2015. The overharvest of the Gulf of Mexico non- Fishery Management Council (Council),
only shark species or management blacknose SCS quota and be 1164 Bishop St., Suite 1400, Honolulu,
groups that remain open in the Gulf of inconsistent with management HI 96813, tel 808–522–8220, fax 808–
Mexico region are the research large requirements and objectives. Similarly, 522–8226, or www.wpcouncil.org.
coastal sharks, sandbar sharks within affording prior notice and opportunity
the shark research fishery, the blue for public comment on this action is FOR FURTHER INFORMATION CONTACT:
shark, and pelagic sharks other than contrary to the public interest because if Jarad Makaiau, NMFS PIRO Sustainable
porbeagle or blue shark management the quota is exceeded, the stock may be Fisheries, 808–725–5176.
groups. negatively affected and fishermen SUPPLEMENTARY INFORMATION: In a final
At § 635.27(b)(1), the boundary ultimately could experience reductions rule published on November 6, 2015,
between the Gulf of Mexico region and in the available quota and a lack of NMFS specified a 2015 limit of 2,000
the Atlantic region is defined as a line fishing opportunities in future seasons. metric tons (mt) of longline-caught
beginning on the East Coast of Florida For these reasons, the AA also finds bigeye tuna for Guam (80 FR 68778). Of
at the mainland at 25°20.4′ N. latitude, good cause to waive the 30-day delay in the 2,000 mt, NMFS allows the territory
proceeding due east. Any water and effective date pursuant to 5 U.S.C. to allocate up to 1,000 mt to U.S.
land to the south and west of that 553(d)(3). This action is required under
boundary is considered, for the longline fishing vessels identified in a
§ 635.28(b)(2) and is exempt from specified fishing agreement that meets
purposes of monitoring and setting review under Executive Order 12866.
quotas, to be within the Gulf of Mexico established criteria.
Authority: 16 U.S.C. 1801 et seq. On November 25, 2015, NMFS
region.
During the closure, retention of non- Dated: November 27, 2015. received from the Western Pacific
blacknose SCS in the Gulf of Mexico Emily H. Menashes, Fishery Management Council a
region is prohibited for persons fishing Acting Director, Office of Sustainable specified fishing agreement between the
aboard vessels issued a commercial Fisheries, National Marine Fisheries Service. Government of Guam and Quota
shark limited access permit (LAP) under [FR Doc. 2015–30540 Filed 11–30–15; 4:15 pm] Management, Inc. (QMI). In the
§ 635.4. However, persons aboard a BILLING CODE 3510–22–P transmittal memorandum, the Council’s
commercially permitted vessel that is Executive Director noted that the
also properly permitted to operate as a specified fishing agreement was
charter vessel or headboat for HMS and DEPARTMENT OF COMMERCE consistent with the criteria set forth in
is engaged in a for-hire trip could fish 50 CFR 665.819(c)(1). NMFS reviewed
under the recreational retention limits National Oceanic and Atmospheric the agreement and determined that it is
for sharks and ‘‘no sale’’ provisions Administration consistent with the Fishery Ecosystem
(§ 635.22(a) and (c)). Plan for Pelagic Fisheries of the Western
During this closure, a shark dealer 50 CFR Part 665 Pacific Region, the Magnuson-Stevens
issued a permit pursuant to § 635.4 may RIN 0648–XD998 Fishery Conservation and Management
not purchase or receive non-blacknose Act, implementing regulations, and
SCS in the Gulf of Mexico region from Pacific Island Pelagic Fisheries; 2015 other applicable laws.
a vessel issued a shark LAP, except that U.S. Territorial Longline Bigeye Tuna In accordance with 50 CFR 300.224(d)
a permitted shark dealer or processor Catch Limits for Guam and 50 CFR 665.819(c)(9), vessels
may possess non-blacknose SCS in the
AGENCY: National Marine Fisheries identified in the agreement may retain
Gulf of Mexico region that were
Service (NMFS), National Oceanic and and land bigeye tuna in the western and
harvested, off-loaded, and sold, traded,
Atmospheric Administration (NOAA), central Pacific Ocean under the Guam
or bartered prior to the effective date of
Commerce. limit.
the closure and were held in storage
consistent with § 635.28(b)(6). Similarly, ACTION: Announcement of a valid NMFS began attributing bigeye tuna
a shark dealer issued a permit pursuant specified fishing agreement. caught by vessels identified in the
to § 635.4 may, in accordance with agreement to Guam starting on
SUMMARY: NMFS announces a valid November 25, 2015. If and when NMFS
relevant state regulations, purchase or
specified fishing agreement that determines the fishery will reach the
receive non-blacknose SCS in the Gulf
allocates 1,000 mt of the 2015 Guam 1,000 mt attribution limit, we will
of Mexico region if the sharks were
harvested, off-loaded, and sold, traded, bigeye tuna limit to U.S. longline fishing restrict harvest of bigeye tuna caught by
or bartered from a vessel that fishes only vessels. The agreement supports the vessels identified in the agreement.
in state waters and that has not been long-term sustainability of fishery
resources of the U.S. Pacific Islands. Authority: 16 U.S.C. 1801 et seq.
issued a shark LAP, HMS Angling
DATES: November 27, 2015. Dated: November 27, 2015.
permit, or HMS Charter/Headboat
permit pursuant to § 635.4. ADDRESSES: Copies of the environmental Emily H. Menashes,
jstallworth on DSK7TPTVN1PROD with RULES

assessment and finding of no significant Acting Director, Office of Sustainable
Classification impact for this action, identified by Fisheries, National Marine Fisheries Service.
Pursuant to 5 U.S.C. 553(b)(B), the NOAA–NMFS–2015–0077, are available [FR Doc. 2015–30544 Filed 11–27–15; 4:15 pm]
Assistant Administrator for Fisheries, from www.regulations.gov, or from BILLING CODE 3510–22–P

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Document Created: 2015-12-14 13:48:31
Document Modified: 2015-12-14 13:48:31

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 fishery for non-blacknose SCS in the Gulf of Mexico region is closed effective 11:30 p.m. local time December 5, 2015, until the end of the 2015 fishing season on December 31, 2015, and will reopen on January 1, 2016.
Contact		Guy DuBeck or Karyl Brewster-Geisz 301-427-8503; fax 301-713-1917.
FR Citation		80 FR 75436
RIN Number		0648-XE33

80 FR 75436 - Atlantic Highly Migratory Species; Commercial Non-Blacknose Small Coastal Sharks in the Gulf of Mexico Region

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 231 (December 2, 2015)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration