81 FR 18541 - Atlantic Highly Migratory Species; Commercial Aggregated Large Coastal Shark and Hammerhead Shark Management Group Retention Limit Adjustment
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 62 (March 31, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 62 (March 31, 2016)
| Page Range | 18541-18543 | |
| FR Document | 2016-07294 |
[Federal Register Volume 81, Number 62 (Thursday, March 31, 2016)] [Rules and Regulations] [Pages 18541-18543] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-07294] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 150413357-5999-02] RIN 0648-XE531 Atlantic Highly Migratory Species; Commercial Aggregated Large Coastal Shark and Hammerhead Shark Management Group Retention Limit Adjustment AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason retention limit adjustment. ----------------------------------------------------------------------- SUMMARY: NMFS is adjusting the commercial aggregated large coastal shark (LCS) and hammerhead shark management group retention limit for directed shark limited access permit holders in the Atlantic region from 36 LCS other than sandbar sharks per vessel per trip to 3 LCS other than sandbar sharks per vessel per trip. This action is based on consideration of the regulatory determination criteria regarding inseason adjustments. The retention limit will remain at 3 LCS other than sandbar sharks per vessel per trip in the Atlantic region through the rest of the 2016 fishing season or until NMFS announces via a notice in the [[Page 18542]] Federal Register another adjustment to the retention limit or a fishery closure is warranted. This retention limit adjustment will affect anyone with a directed shark limited access permit fishing for LCS in the Atlantic region. DATES: This retention limit adjustment is effective at 11:30 p.m. local time April 2, 2016, through the end of the 2016 fishing season on December 31, 2016, or until NMFS announces via a notice in the Federal Register another adjustment to the retention limit or a fishery closure, if warranted. FOR FURTHER INFORMATION CONTACT: Gu[yacute] DuBeck or Karyl Brewster- Geisz, 301-427-8503; fax 301-713-1917. SUPPLEMENTARY INFORMATION: 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. 635.24(a)(8), NMFS may adjust the commercial retention limit in the shark fisheries during the fishing season. Before making any adjustment, NMFS must consider specified regulatory criteria and other relevant factors (see Sec. 635.24(a)(8)(i)-(vi)). After considering these criteria as discussed below, we have concluded that reducing the retention limit of the Atlantic aggregated LCS and hammerhead management groups for directed shark limited access permit holders will slow the fishery catch rates to allow the fishery throughout the Atlantic region to remain open for the rest of the year. Since landings have exceeded 20 percent of the quota and are projected to reach 80 percent before the end of the 2016 fishing season, we are reducing the commercial Atlantic aggregated LCS and hammerhead shark retention limit from 36 to 3 LCS other than sandbar per vessel per trip. We considered the inseason retention limit adjustment criteria listed in Sec. 635.24(a)(8), which includes: (i) The amount of remaining shark quota in the relevant area, region, or sub-region, to date, based on dealer reports. Based on dealer reports, 6.6 mt dw or 24 percent of the 27.1 mt dw shark quota for the hammerhead management group has already been harvested in the Atlantic region. This means that approximately 76 percent of the quota remains. These levels so early in the season indicate that the quota is being harvested too quickly and unless action is taken to slow harvest, fishermen in the Atlantic region may not have an opportunity to fish in the region for the remainder of the year. (ii) The catch rates of the relevant shark species/complexes in the region or sub-region, to date, based on dealer reports; Based on the average catch rate of landings data from dealer reports, the amount of hammerhead sharks harvested on a daily basis is high. While fishermen are landing sharks within their per-trip limit of 36 fish per trip on a given day, they are making multiple trips a day that overall result in high numbers of hammerheads being caught rapidly throughout the fishery. This daily average catch rate means that hammerhead sharks are being harvested too quickly to ensure fair fishing opportunities throughout the season. If the per trip limit is left unchanged, hammerhead sharks would likely be harvested at such a high rate that there would not be enough hammerhead shark quota remaining to keep the fishery open year-round, precluding equitable fishing opportunities for the entire Atlantic region. (iii) Estimated date of fishery closure based on when the landings are projected to reach 80 percent of the quota given the realized catch rates; Once the landings reach 80 percent of the quota, we would have to close the hammerhead management group as well as any other management group with ``linked quotas'' such as the Atlantic aggregated LCS management group. Current catch rates would likely result in hitting this limit by mid-May. A closure so early in the year would preclude fishing opportunities in the Atlantic region for the remainder of the year. (iv) Effects of the adjustment on accomplishing the objectives of the 2006 Consolidated HMS FMP and its amendments; Reducing the retention limit for the aggregated LCS and hammerhead management group from 36 to 3 LCS per trip would allow for fishing opportunities later in the year consistent with the FMP's objectives to ensure equitable fishing opportunities throughout the fishing season and to limit bycatch and discards. (v) Variations in seasonal distribution, abundance, or migratory patterns of the relevant shark species based on scientific and fishery- based knowledge; The directed shark fisheries in the Atlantic region exhibit a mixed species composition, with a high abundance of aggregated LCS caught in conjunction with hammerhead sharks. As a result, by slowing the harvest and reducing landings on a per-trip basis, both fisheries could remain open for the remainder of the year. (vi) Effects of catch rates in one part of a region or sub-region precluding vessels in another part of that region or sub-region from having a reasonable opportunity to harvest a portion of the relevant quota. Based on dealer reports, and given NMFS' notice to the regulated community (80 FR 74999) that a goal of this year's fishery was to ensure fishing opportunities throughout the fishing season, we have concluded that the hammerhead shark quota is being harvested too quickly to meet conservation and management goals for the fishery. If the harvest of these species is not slowed down, we estimate that the fishery would close in mid-May. Closing the fishery so early would prevent fishermen from other parts of the Atlantic region from having the same opportunities to harvest the hammerhead shark quota later in the year. On December 1, 2015 (80 FR 74999), we announced that the aggregated LCS and hammerhead shark fisheries management groups for the Atlantic region would open on January 1 with a quota of 168.9 metric tons (mt) dressed weight (dw) (372,552 lb dw) and 27.1 mt dw (59,736 lb dw), respectively. In that final rule, NMFS also announced that if it appeared that the quota is being harvested too quickly, precluding fishing opportunities throughout the entire region (e.g., if approximately 20 percent of the quota is caught at the beginning of the year), we would reduce the commercial retention limit to 3 LCS other than sandbar sharks. Dealer reports through March 18, 2016, indicate that 6.6 mt dw or 24 percent of the available quota for the hammerhead shark fishery has been harvested. If the average catch rate indicated by these reports continues, the landings could reach 80 percent of the quota by mid-May. Once the landings reach 80 percent of the quota, consistent with Sec. 635.28(b)(3) (``linked quotas''), NMFS would close any species and/or management group of a linked group. Accordingly, as of 11:30 p.m. local time April 4, 2016, NMFS is reducing the retention limit for the commercial aggregated LCS and hammerhead shark management groups in the Atlantic region for directed shark limited access permit holders from 36 LCS other than sandbar sharks per vessel per trip to 3 LCS other than sandbar sharks per vessel per trip. If the vessel is properly permitted to operate as a charter vessel or headboat for HMS and is engaged in a for-hire trip, in which case the recreational retention limits for sharks [[Page 18543]] and ``no sale'' provisions apply (Sec. 635.22(a) and (c)), or if the vessel possesses a valid shark research permit under Sec. 635.32 and a NMFS-approved observer is onboard, then they are exempted from the retention limit adjustment. All other retention limits and shark fisheries in the Atlantic region remain unchanged. This retention limit will remain at 3 LCS other than sandbar sharks per vessel per trip for the rest of the 2016 fishing season, or until NMFS announces via a notice in the Federal Register another adjustment to the retention limit or a fishery closure, is warranted. The boundary between the Gulf of Mexico region and the Atlantic region is defined at Sec. 635.27(b)(1) 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 north and east of that boundary is considered, for the purposes of quota monitoring and setting of quotas, to be within the Atlantic region. Classification Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for Fisheries, NOAA (AA), finds there is good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment would be impracticable and contrary to the public interest. Providing prior notice and an opportunity for comment is impracticable because the catch and landings that need to be reduced are ongoing and must be reduced immediately to meet conservation and management objectives for the fishery. Continued fishing at those levels during the time that notice and comment takes place would result in the much of the quota being landed and could result in a very early closure of the fishery, contrary to the objectives of the existing conservation and management measures in place for those species. These objectives include ensuring that fishing opportunities are equitable and that bycatch and discards are minimized. Allowing fishing to continue at the existing rates even for a limited time is contrary to these objectives and would thus be impracticable. It would also be contrary to the public interest because, if the quota continues to be caught at the current levels the quota will not last throughout the remainder of the fishing season and a larger number of fishermen will essentially be denied the opportunity to land sharks from the quota. Furthermore, continued catch at the current rates, even for a limited period, could result in eventual quota overharvests, since it is still so early in the fishing year. The AA also finds good cause to waive the 30-day delay in effective date pursuant to 5 U.S.C. 553(d)(3) for the same reasons. This action is required under Sec. 635.28(b)(2) and is exempt from review under Executive Order 12866. We have concluded that reducing the retention limit of the Atlantic aggregated LCS and hammerhead management groups for directed shark limited access permit holders will slow the fishery catch rates to allow the fishery throughout the Atlantic region to remain open for the rest of the year Authority: 16 U.S.C. 1801 et seq. Dated: March 28, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-07294 Filed 3-28-16; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 62 / Thursday, March 31, 2016 / Rules and Regulations 18541
Issued in Washington, DC on, March 25, Conservation and Management Act Assistant Administrator for Fisheries,
2016, under the authority delegated in 49 (Magnuson-Stevens Act) by regulations NOAA (AA), finds that the need to
CFR 1.97. at 50 CFR part 622. immediately implement the recreational
Marie Therese Dominguez, The final rule implementing season length constitutes good cause to
Administrator, Pipeline and Hazardous Regulatory Amendment 14 to the FMP waive the requirements to provide prior
Materials Safety Administration. changed the recreational fishing season notice and opportunity for public
[FR Doc. 2016–07199 Filed 3–30–16; 8:45 am] for black sea bass from June 1 through comment pursuant to the authority set
BILLING CODE 4910–60–P May 31 to April 1 through March 31 (79 forth in 5 U.S.C. 553(b)(B), because prior
FR 66316, November 7, 2014). The final notice and opportunity for public
rule also revised the recreational AMs comment on this temporary rule is
DEPARTMENT OF COMMERCE for black sea bass. Prior to the start of unnecessary. Such procedures are
each recreational fishing year on April unnecessary, because the rule
National Oceanic and Atmospheric 1, NMFS will project the length of the establishing the AM has already been
Administration recreational fishing season based on subject to notice and comment, and all
when NMFS projects the recreational that remains is to notify the public of
50 CFR Part 622 ACL to be met and will announce the the recreational season length.
recreational season end date in the For the aforementioned reasons, the
[Docket No. 130403320–4891–02]
Federal Register (50 CFR 622.193(e)(2)). AA also finds good cause to waive the
RIN 0648–XE542 The purpose of this revised AM is to 30-day delay in the effectiveness of this
implement a more predictable action under 5 U.S.C. 553(d)(3).
Fisheries of the Caribbean, Gulf of recreational season length while still
Mexico, and South Atlantic; Snapper- Authority: 16 U.S.C. 1801 et seq.
constraining harvest at or below the
Grouper Resources of the South recreational ACL to protect the stock Dated: March 28, 2016.
Atlantic; 2016–2017 Recreational from experiencing adverse biological Emily H. Menashes,
Fishing Season for Black Sea Bass consequences. Acting Director, Office of Sustainable
The recreational ACL for the 2016– Fisheries, National Marine Fisheries Service.
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and 2017 fishing year is 848,455 lb (384,853 [FR Doc. 2016–07292 Filed 3–28–16; 4:15 pm]
Atmospheric Administration (NOAA), kg), gutted weight, 1,001,177 lb (454,126 BILLING CODE 3510–22–P
Commerce. kg), round weight, and was established
through the final rule for Regulatory
ACTION: Temporary rule; recreational DEPARTMENT OF COMMERCE
Amendment 19 to the FMP on
season length. September 23, 2013 (78 FR 58249). In
the 2015–2016 fishing year, harvest National Oceanic and Atmospheric
SUMMARY: NMFS announces that the
levels of black sea bass were not close Administration
length of the recreational season for
black sea bass in the exclusive economic to reaching the recreational ACL of
876,254 lb (397,462 kg), gutted weight, 50 CFR Part 635
zone (EEZ) of the South Atlantic will
extend throughout the 2016–2017 1,033,980 lb (469,005 kg) round weight, [Docket No. 150413357–5999–02]
fishing year. Announcing the length of and based on landings from the 2013–
RIN 0648–XE531
recreational season for black sea bass is 2014 through 2015–2016 fishing years,
one of the accountability measures NMFS therefore estimates that the Atlantic Highly Migratory Species;
(AMs) for the recreational sector. This recreational ACL will not be met in the Commercial Aggregated Large Coastal
announcement allows recreational 2016–2017 fishing year. Accordingly, Shark and Hammerhead Shark
fishermen to maximize their the recreational sector for black sea bass Management Group Retention Limit
opportunity to harvest the recreational is not expected to close as a result of Adjustment
annual catch limit (ACL) for black sea reaching its ACL, and the season end
bass during the fishing season while date for recreational fishing for black sea AGENCY: National Marine Fisheries
managing harvest to protect the black bass in the South Atlantic EEZ is the Service (NMFS), National Oceanic and
sea bass resource. end of the current fishing year, March Atmospheric Administration (NOAA),
31, 2017. Commerce.
DATES: This rule is effective from 12:01
ACTION: Temporary rule; inseason
a.m., local time, April 1, 2016, until Classification
12:01 a.m., local time, April 1, 2017, retention limit adjustment.
The Regional Administrator,
unless changed by subsequent SUMMARY: NMFS is adjusting the
Southeast Region, NMFS, has
notification in the Federal Register. commercial aggregated large coastal
determined this temporary rule is
FOR FURTHER INFORMATION CONTACT: necessary for the conservation and shark (LCS) and hammerhead shark
Nikhil Mehta, NMFS Southeast Regional management of South Atlantic black sea management group retention limit for
Office, telephone: 727–824–5305, email: bass and is consistent with the directed shark limited access permit
nikhil.mehta@noaa.gov. Magnuson-Stevens Act and other holders in the Atlantic region from 36
SUPPLEMENTARY INFORMATION: The applicable laws. LCS other than sandbar sharks per
snapper-grouper fishery includes black This action is taken under 50 CFR vessel per trip to 3 LCS other than
sea bass in the South Atlantic and is 622.193(e)(2) and is exempt from review sandbar sharks per vessel per trip. This
managed under the Fishery under Executive Order 12866. action is based on consideration of the
jstallworth on DSK7TPTVN1PROD with RULES
Management Plan for the Snapper- These measures are exempt from the regulatory determination criteria
Grouper Fishery of the South Atlantic procedures of the Regulatory Flexibility regarding inseason adjustments. The
Region (FMP). The South Atlantic Act because the temporary rule is issued retention limit will remain at 3 LCS
Fishery Management Council prepared without opportunity for prior notice and other than sandbar sharks per vessel per
the FMP and the FMP is implemented comment. trip in the Atlantic region through the
by NMFS under the authority of the This action responds to the best rest of the 2016 fishing season or until
Magnuson-Stevens Fishery scientific information available. The NMFS announces via a notice in the
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![Federal Register / Vol. 81, No. 62 / Thursday, March 31, 2016 / Rules and Regulations 18543
and ‘‘no sale’’ provisions apply NOAA (AA), finds there is good cause season and a larger number of fishermen
(§ 635.22(a) and (c)), or if the vessel to waive prior notice and an will essentially be denied the
possesses a valid shark research permit opportunity for public comment on this opportunity to land sharks from the
under § 635.32 and a NMFS-approved action, as notice and comment would be quota. Furthermore, continued catch at
observer is onboard, then they are impracticable and contrary to the public the current rates, even for a limited
exempted from the retention limit interest. Providing prior notice and an period, could result in eventual quota
adjustment. opportunity for comment is overharvests, since it is still so early in
All other retention limits and shark impracticable because the catch and the fishing year. The AA also finds good
fisheries in the Atlantic region remain landings that need to be reduced are cause to waive the 30-day delay in
unchanged. This retention limit will ongoing and must be reduced effective date pursuant to 5 U.S.C.
remain at 3 LCS other than sandbar immediately to meet conservation and
sharks per vessel per trip for the rest of 553(d)(3) for the same reasons. This
management objectives for the fishery. action is required under § 635.28(b)(2)
the 2016 fishing season, or until NMFS Continued fishing at those levels during
announces via a notice in the Federal and is exempt from review under
the time that notice and comment takes Executive Order 12866. We have
Register another adjustment to the
place would result in the much of the concluded that reducing the retention
retention limit or a fishery closure, is
quota being landed and could result in limit of the Atlantic aggregated LCS and
warranted.
The boundary between the Gulf of a very early closure of the fishery, hammerhead management groups for
Mexico region and the Atlantic region is contrary to the objectives of the existing directed shark limited access permit
defined at § 635.27(b)(1) as a line conservation and management measures holders will slow the fishery catch rates
beginning on the East Coast of Florida in place for those species. These to allow the fishery throughout the
at the mainland at 25°20.4′ N. lat, objectives include ensuring that fishing Atlantic region to remain open for the
proceeding due east. Any water and opportunities are equitable and that
rest of the year
land to the north and east of that bycatch and discards are minimized.
Allowing fishing to continue at the Authority: 16 U.S.C. 1801 et seq.
boundary is considered, for the
purposes of quota monitoring and existing rates even for a limited time is Dated: March 28, 2016.
setting of quotas, to be within the contrary to these objectives and would Emily H. Menashes,
Atlantic region. thus be impracticable. It would also be
Acting Director, Office of Sustainable
contrary to the public interest because,
Classification Fisheries, National Marine Fisheries Service.
if the quota continues to be caught at the
[FR Doc. 2016–07294 Filed 3–28–16; 4:15 pm]
Pursuant to 5 U.S.C. 553(b)(B), the current levels the quota will not last
Assistant Administrator for Fisheries, throughout the remainder of the fishing BILLING CODE 3510–22–P
jstallworth on DSK7TPTVN1PROD with RULES
VerDate Sep<11>2014 15:13 Mar 30, 2016 Jkt 238001 PO 00000 Frm 00097 Fmt 4700 Sfmt 9990 E:\FR\FM\31MRR1.SGM 31MRR1](https://thefederalregister.org/doc/81_FR_18603/page/3.svg)
Document Created: 2016-03-31 00:55:22
Document Modified: 2016-03-31 00:55:22
| 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; inseason retention limit adjustment. | |
| Dates | This retention limit adjustment is effective at 11:30 p.m. local time April 2, 2016, through the end of the 2016 fishing season on December 31, 2016, or until NMFS announces via a notice in the Federal Register another adjustment to the retention limit or a fishery closure, if warranted. | |
| Contact | Gu[yacute] DuBeck or Karyl Brewster- Geisz, 301-427-8503; fax 301-713-1917. | |
| FR Citation | 81 FR 18541 | |
| RIN Number | 0648-XE53 |
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