81 FR 12602 - Atlantic Highly Migratory Species; Commercial Blacktip Sharks, Aggregated Large Coastal Sharks, and Hammerhead Sharks in the Western Gulf of Mexico Sub-Region
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 47 (March 10, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 47 (March 10, 2016)
| Page Range | 12602-12604 | |
| FR Document | 2016-05391 |
[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)] [Rules and Regulations] [Pages 12602-12604] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05391] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 150413357-5999-02] RIN 0648-XE484 Atlantic Highly Migratory Species; Commercial Blacktip Sharks, Aggregated Large Coastal Sharks, and Hammerhead Sharks in the Western Gulf of Mexico Sub-Region AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS is closing the commercial fishery for blacktip sharks and the aggregated large coastal sharks (LCS) and hammerhead shark management groups in the western Gulf of Mexico sub-region. This action is necessary because the commercial landings of aggregated LCS and hammerhead sharks in the western Gulf of Mexico sub-region for the 2016 fishing season have exceeded 80 percent of the available commercial quota as of March 4, 2016, and the aggregated LCS and hammerhead shark management groups are quota-linked under the current regulations. The blacktip shark fishery in the western Gulf of Mexico sub-region will be closed to minimize regulatory discards of aggregate LCS in the western Gulf of Mexico sub-region, which are often caught in conjunction with blacktip sharks in the commercial shark fisheries. This closure will affect anyone commercially fishing for sharks in the western Gulf of Mexico sub-region. DATES: The commercial fishery for blacktip sharks and the aggregated LCS and hammerhead shark management groups in the western Gulf of Mexico sub-region are closed effective 11:30 p.m. local time March 12, 2016, until the end of the 2016 fishing season on December 31, 2016, 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: Guy DuBeck or Karyl Brewster-Geisz, 301-427-8503; fax 301-713-1917. SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed under the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management Plan (FMP), its amendments, and 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)(4), the quotas of certain species and/or management groups are linked. If quotas are linked, when the specified quota threshold for one management group or species is reached and that management group or species is closed, the linked management group or species closes at the same time (Sec. 635.28(b)(3)). The quotas for aggregated LCS and the hammerhead shark management groups in the western Gulf of Mexico sub-region are linked (Sec. 635.28(b)(4)(iii)). The blacktip shark quota in the western Gulf of Mexico sub-region is not linked to the aggregated LCS or hammerhead shark quotas. Regulations at Sec. 635.28(b)(2) and (b)(5) authorize the closure of the blacktip shark fishery in the Gulf of Mexico at a regional or sub-regional level when landings have reached or are expected to reach 80 percent of the quota or, after considering certain criteria and relevant factors, before those situations occur. Under Sec. 635.28(b)(2) and (3), when NMFS calculates that the landings for any species and/or management group of either a non-linked or a linked group have reached or are projected to reach a threshold of 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 of either a non-linked or 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 [[Page 12603]] 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 and specified non-linked species and/or management groups are closed, even across fishing years. On December 1, 2015 (80 FR 74999), NMFS announced that for 2016, the commercial western Gulf of Mexico blacktip shark sub-regional quota was 266.5 metric tons (mt) dressed weight (dw) (587,396 lb dw), the western Gulf of Mexico aggregated LCS sub-regional quota was 72.0 mt dw (158,724 lb dw), and the western Gulf of Mexico hammerhead shark sub- regional quota was 11.9 mt dw (29,421 lb dw). Dealer reports recently received through March 4, 2016, indicate that 60.6 mt dw or 84 percent of the available western Gulf of Mexico aggregated LCS sub-regional quota has been landed, that 13.8 mt dw or 116 percent of the available western Gulf of Mexico hammerhead shark sub-regional quota has been landed, and that 134.1 mt dw or 50 percent of the available western Gulf of Mexico blacktip shark sub-regional quota has been landed. Based on these dealer reports, the 80-percent limits specified for a closure notice in the regulations for the aggregated LCS and hammerhead shark management groups in the western Gulf of Mexico sub-region were exceeded as of March 4, 2016. Accordingly, NMFS is closing the commercial aggregated LCS and hammerhead management groups in the western Gulf of Mexico sub-region as of 11:30 p.m. local time March 12, 2016. Regarding blacktip sharks in the western Gulf of Mexico sub-region, regulations at Sec. 635.28(b)(5)(i) through (v) authorize the closure of the blacktip shark fishery before landings reach, or are expected to reach, 80 percent of the quota after considering the following criteria and other relevant factors: Season length based on available sub- regional quota and average sub-regional catch rates; variability in regional and/or sub-regional seasonal distribution, abundance, and migratory patterns; effects on accomplishing the objectives of the 2006 Consolidated HMS FMP and its amendments; amount of remaining shark quotas in the relevant sub-region; and regional and/or sub-regional catch rates of the relevant shark species or management groups. NMFS considered all of these criteria with respect to blacktip sharks in the western Gulf of Mexico sub-region, and in particular, considered sub- regional distribution and abundance (Sec. 635.28(b)(5)(ii)) and sub- regional catch rates (Sec. 635.28(b)(5)(v)). The directed shark fisheries in the western Gulf of Mexico sub-region exhibit a mixed species composition, with a high abundance and distribution of aggregated LCS caught in conjunction with blacktip sharks. As a result, NMFS believes that closing the aggregated LCS and hammerhead shark management groups while leaving only the blacktip shark fishery open in the western Gulf of Mexico sub-region could cause large numbers of regulatory discards of aggregated LCS species. Such discards could hinder the management goals and interfere with accomplishing the objectives of the 2006 Consolidated HMS FMP and its amendments (Sec. 635.28(b)(5)(iii)), which include preventing overfishing while achieving on a continuing basis optimum yield and rebuilding overfished shark stocks. Such discards would also be contrary to National Standard 9, which requires that management measures minimize bycatch and bycatch mortality, particularly if the discards are dead and are of overfished species. A single closure for the aggregated LCS, blacktip, and hammerhead management groups in the western Gulf of Mexico sub-region would minimize regulatory discards, and help prevent overfishing, of aggregated LCS in the western Gulf of Mexico sub-region, consistent with the Magnuson-Stevens Fishery Conservation and Management Act and the criteria at Sec. 635.28(b)(5). Accordingly, NMFS is closing the commercial blacktip shark fishery in the western Gulf of Mexico sub- region as of 11:30 p.m. local time March 12, 2016. All other shark species or management groups in the western Gulf of Mexico sub-region that are currently open will remain open, including the commercial Gulf of Mexico non-blacknose small coastal sharks (SCS), blue sharks, and pelagic sharks other than porbeagle or blue. 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. The boundary between the western and eastern Gulf of Mexico sub-regions is drawn along 88[deg]00' W. long. (Sec. 635.27(b)(1)(ii)). During the closure, retention of blacktip sharks, aggregated LCS, and/or hammerhead sharks in the western Gulf of Mexico sub-region is prohibited for persons fishing aboard vessels issued a commercial shark limited access permit 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 (c)). Similarly, persons aboard a commercially permitted vessel that possesses a valid shark research permit under Sec. 635.32 and has a NMFS-approved observer onboard may continue to harvest and sell blacktip sharks, aggregated LCS, and/or hammerhead sharks in the western Gulf of Mexico sub-region pursuant to the terms and conditions of the shark research permit. During this closure, a shark dealer issued a permit pursuant to Sec. 635.4 may not purchase or receive blacktip sharks, aggregated LCS, and/or hammerhead sharks in the western Gulf of Mexico sub-region from a vessel issued an Atlantic shark limited access permit (LAP), except that a permitted shark dealer or processor may possess blacktip sharks, aggregated LCS, and/or hammerhead sharks in the western Gulf of Mexico sub-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). Additionally, a permitted shark dealer or processor may possess blacktip sharks, aggregated LCS, and/or hammerhead sharks in the western Gulf of Mexico sub-region that were harvested by a vessel issued a valid shark research fishery permit per Sec. 635.32 with a NMFS-approved observer onboard during the trip the sharks were taken on as long as the LCS research fishery quota remains open. Similarly, a shark dealer issued a permit pursuant to Sec. 635.4 may, in accordance with relevant state regulations, purchase or receive blacktip sharks, aggregated LCS, and/or hammerhead sharks in the western Gulf of Mexico sub-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 an Atlantic 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 fishery is currently underway and any delay in this action would result in overharvest of the quotas for these species and management groups and be inconsistent [[Page 12604]] 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 a 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)(3) and Sec. 635.28(b)(5) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: March 7, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-05391 Filed 3-7-16; 4:15 pm] BILLING CODE 3510-22-P
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Because the commercial AM has not For the aforementioned reasons, the December 31, 2016, or until and if
been triggered in 2016, this is only for AA also finds good cause to waive the NMFS announces via a notice in the
the recreational sector. The commercial 30-day delay in the effectiveness of this Federal Register that additional quota is
quota for Atlantic migratory group cobia action under 5 U.S.C. 553(d)(3). available and the season is reopened.
is 50,000 lb (22,680 kg), round weight, Authority: 16 U.S.C. 1801 et seq. FOR FURTHER INFORMATION CONTACT: Guy
for the current fishing year, January 1 DuBeck or Karyl Brewster-Geisz, 301–
through December 31, 2016, as specified Dated: March 7, 2016.
427–8503; fax 301–713–1917.
in 50 CFR 622.384(d)(2). The sale or Emily H. Menashes,
SUPPLEMENTARY INFORMATION: The
purchase of Atlantic migratory group Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
Atlantic shark fisheries are managed
cobia taken under the possession limit under the 2006 Consolidated Highly
is allowed until the commercial quota is [FR Doc. 2016–05393 Filed 3–9–16; 8:45 am]
Migratory Species (HMS) Fishery
reached or is projected to be reached. If BILLING CODE 3510–22–P
Management Plan (FMP), its
cobia landings that are sold reach or are amendments, and implementing
projected to reach the commercial quota regulations (50 CFR part 635) issued
specified in § 622.384(d)(2), the DEPARTMENT OF COMMERCE
under authority of the Magnuson-
Assistant Administrator for Fisheries, Stevens Fishery Conservation and
NOAA (AA), will file a notification with National Oceanic and Atmospheric
Administration Management Act (16 U.S.C. 1801 et
the Office of the Federal Register to
seq.).
prohibit the sale and purchase of cobia Under § 635.5(b)(1), dealers must
for the remainder of the fishing year 50 CFR Part 635
electronically submit reports on sharks
through December 31, 2016. [Docket No. 150413357–5999–02] that are first received from a vessel on
Classification RIN 0648–XE484 a weekly basis through a NMFS-
The Regional Administrator, approved electronic reporting system.
Southeast Region, NMFS, has Atlantic Highly Migratory Species; Reports must be received by no later
determined this temporary rule is Commercial Blacktip Sharks, than midnight, local time, of the first
necessary for the conservation and Aggregated Large Coastal Sharks, and Tuesday following the end of the
management of Atlantic migratory group Hammerhead Sharks in the Western reporting week unless the dealer is
cobia and is consistent with the Gulf of Mexico Sub-Region otherwise notified by NMFS. Under
Magnuson-Stevens Act and other § 635.28(b)(4), the quotas of certain
AGENCY: National Marine Fisheries species and/or management groups are
applicable laws. Service (NMFS), National Oceanic and
This action is taken under 50 CFR linked. If quotas are linked, when the
Atmospheric Administration (NOAA), specified quota threshold for one
622.388(f)(2) and is exempt from review Commerce.
under Executive Order 12866. management group or species is reached
These measures are exempt from the ACTION: Temporary rule; closure. and that management group or species
procedures of the Regulatory Flexibility is closed, the linked management group
SUMMARY: NMFS is closing the or species closes at the same time
Act because the temporary rule is issued
commercial fishery for blacktip sharks (§ 635.28(b)(3)). The quotas for
without opportunity for prior notice and
and the aggregated large coastal sharks aggregated LCS and the hammerhead
comment.
This action is based on the best (LCS) and hammerhead shark shark management groups in the
scientific information available. The AA management groups in the western Gulf western Gulf of Mexico sub-region are
finds good cause to waive the of Mexico sub-region. This action is linked (§ 635.28(b)(4)(iii)). The blacktip
requirements to provide prior notice necessary because the commercial shark quota in the western Gulf of
and opportunity for public comment, landings of aggregated LCS and Mexico sub-region is not linked to the
pursuant to the authority set forth at 5 hammerhead sharks in the western Gulf aggregated LCS or hammerhead shark
U.S.C. 553(b)(B), as such prior notice of Mexico sub-region for the 2016 quotas. Regulations at § 635.28(b)(2) and
and opportunity for public comment is fishing season have exceeded 80 percent (b)(5) authorize the closure of the
unnecessary and contrary to the public of the available commercial quota as of blacktip shark fishery in the Gulf of
interest. Such procedures are March 4, 2016, and the aggregated LCS Mexico at a regional or sub-regional
unnecessary and contrary to the public and hammerhead shark management level when landings have reached or are
interest because the AMs for Atlantic groups are quota-linked under the expected to reach 80 percent of the
migratory group cobia established by current regulations. The blacktip shark quota or, after considering certain
Amendment 18 to the FMP, and located fishery in the western Gulf of Mexico criteria and relevant factors, before
at 50 CFR 622.388(f)(1)(i), have already sub-region will be closed to minimize those situations occur.
been subject to notice and comment, regulatory discards of aggregate LCS in Under § 635.28(b)(2) and (3), when
and all that remains is to notify the the western Gulf of Mexico sub-region, NMFS calculates that the landings for
public of the recreational closure in the which are often caught in conjunction any species and/or management group
2016 fishing year. Prior notice and with blacktip sharks in the commercial of either a non-linked or a linked group
opportunity for public comment on this shark fisheries. This closure will affect have reached or are projected to reach
action would be contrary to the public anyone commercially fishing for sharks a threshold of 80 percent of the
interest, because many of those affected in the western Gulf of Mexico sub- available quota, NMFS will file for
by the length of the recreational fishing region. publication with the Office of the
jstallworth on DSK7TPTVN1PROD with RULES
season, particularly charter vessel and DATES: The commercial fishery for Federal Register a notice of closure for
headboat operations that book trips for blacktip sharks and the aggregated LCS all of the species and/or management
clients in advance, need as much and hammerhead shark management groups of either a non-linked or linked
advance notice as NMFS is able to groups in the western Gulf of Mexico group that will be effective no fewer
provide to adjust their business plans to sub-region are closed effective 11:30 than 5 days from date of filing. From the
account for the reduced recreational p.m. local time March 12, 2016, until effective date and time of the closure
fishing season. the end of the 2016 fishing season on until and if NMFS announces, via a
VerDate Sep<11>2014 14:38 Mar 09, 2016 Jkt 238001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\10MRR1.SGM 10MRR1](https://thefederalregister.org/doc/81_FR_12649/page/1.svg)
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with management requirements and quota and a lack of fishing opportunities Authority: 16 U.S.C. 1801 et seq.
objectives. Similarly, affording prior in future seasons. For these reasons, the Dated: March 7, 2016.
notice and opportunity for public AA also finds good cause to waive the Emily H. Menashes,
comment on this action is contrary to 30-day delay in effective date pursuant
the public interest because if a quota is to 5 U.S.C. 553(d)(3). This action is Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
exceeded, the stock may be negatively required under § 635.28(b)(3) and
affected and fishermen ultimately could § 635.28(b)(5) and is exempt from [FR Doc. 2016–05391 Filed 3–7–16; 4:15 pm]
experience reductions in the available review under Executive Order 12866. BILLING CODE 3510–22–P
jstallworth on DSK7TPTVN1PROD with RULES
VerDate Sep<11>2014 14:38 Mar 09, 2016 Jkt 238001 PO 00000 Frm 00032 Fmt 4700 Sfmt 9990 E:\FR\FM\10MRR1.SGM 10MRR1](https://thefederalregister.org/doc/81_FR_12649/page/3.svg)
Document Created: 2018-02-02 15:12:01
Document Modified: 2018-02-02 15:12:01
| 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 blacktip sharks and the aggregated LCS and hammerhead shark management groups in the western Gulf of Mexico sub-region are closed effective 11:30 p.m. local time March 12, 2016, until the end of the 2016 fishing season on December 31, 2016, or until and if NMFS announces via a notice 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 | 81 FR 12602 | |
| RIN Number | 0648-XE48 |
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