81 FR 33604 - Atlantic Highly Migratory Species; Commercial Blacknose Sharks and Non-Blacknose Small Coastal Sharks in the Atlantic Region South of 34° N. Latitude; Closure
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 103 (May 27, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 103 (May 27, 2016)
| Page Range | 33604-33605 | |
| FR Document | 2016-12631 |
[Federal Register Volume 81, Number 103 (Friday, May 27, 2016)] [Rules and Regulations] [Pages 33604-33605] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-12631] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 150413357-5999-02] RIN 0648-XE634 Atlantic Highly Migratory Species; Commercial Blacknose Sharks and Non-Blacknose Small Coastal Sharks in the Atlantic Region South of 34[deg] N. Latitude; Closure AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS is closing the fisheries for commercial blacknose sharks and non-blacknose small coastal sharks (SCS) in the Atlantic region south of 34[deg]00' N. lat. This action is necessary because the commercial landings of Atlantic blacknose sharks for the 2016 fishing season are projected to exceed 80 percent of the available commercial quota as of May 27, 2016, and the blacknose shark and non-blacknose SCS fisheries south of 34[deg]00' N. lat. are quota-linked under current regulations. DATES: The commercial fisheries for blacknose sharks and non-blacknose SCS in the Atlantic region south of 34[deg]00' N. lat. are closed effective 11:30 p.m. local time May 29, 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. The quotas for blacknose sharks and the non-blacknose SCS management group south of 34[deg]00' N. lat. in the Atlantic region are linked (Sec. 635.28(b)(4)(iv)). Under Sec. 635.28(b)(3), 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 a 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 are closed, even across fishing years. On December 1, 2015 (80 FR 74999), NMFS announced that for the Atlantic region, the 2016 commercial Atlantic blacknose shark quota is 15.7 metric tons (mt) dressed weight (dw) (34,653 lb dw), and the non- blacknose SCS quota is 264.1 mt dw (582,333 lb dw). At Sec. 635.27(b)(1), the boundary between the Atlantic region and the Gulf of Mexico 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 north and east of that boundary is considered, for the purposes of monitoring and setting quotas, to be within the Atlantic region. Dealer reports received through May 23, 2016, indicated that 9.3 mt dw or 59 percent of the available Atlantic blacknose shark quota had been landed and 31.5 mt dw or 12 percent of the available Atlantic non- blacknose SCS quota had been landed. Based on catch rates from these dealer reports, NMFS estimates that the 80-percent limit specified for closure for blacknose sharks will be exceeded as of May 27, 2016. Accordingly, NMFS is closing both the commercial blacknose shark fishery and non-blacknose SCS management group in the Atlantic region south of 34[deg]00' N. lat. as of 11:30 p.m. local time May 29, 2016. All other shark species or management groups that are currently open in the Atlantic region will remain open, including the commercial Atlantic non-blacknose SCS management group north of 34[deg]00' N. lat. During the closure, retention of blacknose sharks and non-blacknose SCS in the Atlantic region south of 34[deg]00' N. lat. 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 highly migratory species (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 in the Atlantic 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 Atlantic region south of 34[deg]00' N. lat. 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) and non-blacknose SCS that were harvested in the Atlantic region north of 34[deg]00' N. lat. Similarly, a shark dealer issued a permit pursuant to Sec. 635.4, in accordance with relevant state regulations, may purchase or receive blacknose sharks and/or non-blacknose SCS in the Atlantic 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 Atlantic blacknose 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). [[Page 33605]] This action is required under Sec. 635.28(b)(3) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: May 24, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-12631 Filed 5-24-16; 4:15 pm] BILLING CODE 3510-22-P
![33604 Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Rules and Regulations
[FR Doc. 2016–12598 Filed 5–26–16; 8:45 am] Reports must be received by no later During the closure, retention of
BILLING CODE 1505–01–D than midnight, local time, of the first blacknose sharks and non-blacknose
Tuesday following the end of the SCS in the Atlantic region south of
reporting week unless the dealer is 34°00′ N. lat. is prohibited for persons
DEPARTMENT OF COMMERCE otherwise notified by NMFS. The quotas fishing aboard vessels issued a
for blacknose sharks and the non- commercial shark limited access permit
National Oceanic and Atmospheric blacknose SCS management group south (LAP) under § 635.4. However, persons
Administration of 34°00′ N. lat. in the Atlantic region aboard a commercially permitted vessel
are linked (§ 635.28(b)(4)(iv)). Under that is also properly permitted to
50 CFR Part 635 § 635.28(b)(3), when NMFS calculates operate as a charter vessel or headboat
that the landings for any species and/or for highly migratory species (HMS) and
[Docket No. 150413357–5999–02] management group of a linked group is engaged in a for-hire trip could fish
RIN 0648–XE634 has reached or is projected to reach 80 under the recreational retention limits
percent of the available quota, NMFS for sharks and ‘‘no sale’’ provisions
Atlantic Highly Migratory Species; will file for publication with the Office (§ 635.22(a) and (c)).
Commercial Blacknose Sharks and of the Federal Register a notice of
During this closure, a shark dealer
Non-Blacknose Small Coastal Sharks closure for all of the species and/or
issued a permit pursuant to § 635.4 may
in the Atlantic Region South of 34≥ N. management groups in a linked group
not purchase or receive blacknose
Latitude; Closure that will be effective no fewer than 5
sharks in the Atlantic region from a
days from date of filing. From the
AGENCY: National Marine Fisheries vessel issued a shark LAP, except that
effective date and time of the closure
Service (NMFS), National Oceanic and a permitted shark dealer or processor
until and if NMFS announces, via a
Atmospheric Administration (NOAA), may possess blacknose sharks and/or
notice in the Federal Register, that
Commerce. non-blacknose SCS in the Atlantic
additional quota is available and the
ACTION: Temporary rule; closure. region south of 34°00′ N. lat. that were
season is reopened, the fisheries for all
harvested, off-loaded, and sold, traded,
linked species and/or management
SUMMARY: NMFS is closing the fisheries groups are closed, even across fishing or bartered prior to the effective date of
for commercial blacknose sharks and years. the closure and were held in storage
non-blacknose small coastal sharks consistent with § 635.28(b)(6) and non-
On December 1, 2015 (80 FR 74999),
(SCS) in the Atlantic region south of blacknose SCS that were harvested in
NMFS announced that for the Atlantic
34°00′ N. lat. This action is necessary the Atlantic region north of 34°00′ N.
region, the 2016 commercial Atlantic
because the commercial landings of lat. Similarly, a shark dealer issued a
blacknose shark quota is 15.7 metric
Atlantic blacknose sharks for the 2016 permit pursuant to § 635.4, in
tons (mt) dressed weight (dw) (34,653 lb
fishing season are projected to exceed accordance with relevant state
dw), and the non-blacknose SCS quota
80 percent of the available commercial regulations, may purchase or receive
is 264.1 mt dw (582,333 lb dw). At
quota as of May 27, 2016, and the blacknose sharks and/or non-blacknose
§ 635.27(b)(1), the boundary between
blacknose shark and non-blacknose SCS SCS in the Atlantic region if the sharks
the Atlantic region and the Gulf of
fisheries south of 34°00′ N. lat. are were harvested, off-loaded, and sold,
Mexico region is defined as a line
quota-linked under current regulations. traded, or bartered from a vessel that
beginning on the East Coast of Florida
DATES: The commercial fisheries for at the mainland at 25°20.4′ N. lat, fishes only in state waters and that has
blacknose sharks and non-blacknose proceeding due east. Any water and not been issued a shark LAP, HMS
SCS in the Atlantic region south of land to the north and east of that Angling permit, or HMS Charter/
34°00′ N. lat. are closed effective 11:30 boundary is considered, for the Headboat permit pursuant to § 635.4.
p.m. local time May 29, 2016, until the purposes of monitoring and setting Classification
end of the 2016 fishing season on quotas, to be within the Atlantic region.
December 31, 2016, or until and if Dealer reports received through May Pursuant to 5 U.S.C. 553(b)(B), the
NMFS announces via a notice in the 23, 2016, indicated that 9.3 mt dw or 59 Assistant Administrator for Fisheries,
Federal Register that additional quota is percent of the available Atlantic NOAA (AA), finds that providing prior
available and the season is reopened. blacknose shark quota had been landed notice and public comment for this
FOR FURTHER INFORMATION CONTACT: Guỳ and 31.5 mt dw or 12 percent of the action is impracticable and contrary to
DuBeck or Karyl Brewster-Geisz 301– available Atlantic non-blacknose SCS the public interest because the fisheries
427–8503; fax 301–713–1917. quota had been landed. Based on catch are currently underway and any delay
SUPPLEMENTARY INFORMATION: The rates from these dealer reports, NMFS in this action would result in
Atlantic shark fisheries are managed estimates that the 80-percent limit overharvest of the Atlantic blacknose
under the 2006 Consolidated Highly specified for closure for blacknose quota and be inconsistent with
Migratory Species (HMS) Fishery sharks will be exceeded as of May 27, management requirements and
Management Plan (FMP), its 2016. Accordingly, NMFS is closing objectives. Similarly, affording prior
amendments, and implementing both the commercial blacknose shark notice and opportunity for public
regulations (50 CFR part 635) issued fishery and non-blacknose SCS comment on this action is contrary to
under authority of the Magnuson- management group in the Atlantic the public interest because if the quota
Stevens Fishery Conservation and region south of 34°00′ N. lat. as of 11:30 is exceeded, the stock may be negatively
Management Act (16 U.S.C. 1801 et p.m. local time May 29, 2016. All other affected and fishermen ultimately could
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seq.). shark species or management groups experience reductions in the available
Under § 635.5(b)(1), dealers must that are currently open in the Atlantic quota and a lack of fishing opportunities
electronically submit reports on sharks region will remain open, including the in future seasons. For these reasons, the
that are first received from a vessel on commercial Atlantic non-blacknose SCS AA also finds good cause to waive the
a weekly basis through a NMFS- management group north of 34°00′ N. 30-day delay in effective date pursuant
approved electronic reporting system. lat. to 5 U.S.C. 553(d)(3).
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![Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Rules and Regulations 33605
This action is required under Authority: 16 U.S.C. 1801 et seq. Dated: May 24, 2016.
§ 635.28(b)(3) and is exempt from Emily H. Menashes,
review under Executive Order 12866. Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–12631 Filed 5–24–16; 4:15 pm]
BILLING CODE 3510–22–P
rmajette on DSK2TPTVN1PROD with RULES
VerDate Sep<11>2014 15:21 May 26, 2016 Jkt 238001 PO 00000 Frm 00025 Fmt 4700 Sfmt 9990 E:\FR\FM\27MYR1.SGM 27MYR1](https://thefederalregister.org/doc/81_FR_33707/page/2.svg)
Document Created: 2018-02-07 15:09:50
Document Modified: 2018-02-07 15:09:50
| 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 Atlantic region south of 34[deg]00' N. lat. are closed effective 11:30 p.m. local time May 29, 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 33604 | |
| RIN Number | 0648-XE63 |
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