81 FR 44798 - 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 132 (July 11, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 132 (July 11, 2016)
| Page Range | 44798-44800 | |
| FR Document | 2016-16299 |
[Federal Register Volume 81, Number 132 (Monday, July 11, 2016)] [Rules and Regulations] [Pages 44798-44800] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-16299] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 150413357-5999-02] RIN 0648-XE586 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 3 LCS other than sandbar sharks per vessel per trip to 45 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 45 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 Federal Register another adjustment to the retention limit or a fishery closure. This retention limit adjustment affects anyone with a directed shark limited access permit fishing for LCS in the Atlantic region. DATES: This retention limit adjustment is effective on July 15, 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.). Atlantic shark fisheries have separate regional (Gulf of Mexico and Atlantic) quotas for all management groups except for the shark research fishery for LCS and sandbar sharks, blue shark, porbeagle shark, and pelagic shark (other than porbeagle or blue sharks) management groups. 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. This inseason action only affects the aggregated LCS and hammerhead shark management groups in the Atlantic region. 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 635.24(a)(8)(i)-(vi)). After considering these criteria as discussed below, NMFS has concluded that increasing the retention limit of the Atlantic aggregated LCS and hammerhead management groups for directed shark limited access permit holders will allow use of available aggregated LCS and hammerhead shark management group quotas and will provide fishermen throughout the Atlantic region equitable fishing [[Page 44799]] opportunities for the rest of the year. Therefore, NMFS is increasing the commercial Atlantic aggregated LCS and hammerhead shark retention limit in the Atlantic region from 3 to 45 LCS other than sandbar shark per vessel per trip. NMFS considered the inseason retention limit adjustment criteria listed at Sec. 635.24(a)(8)(i)-(vi), as follows: (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 through June 17, 2016, 38.8 mt dw or 23 percent of the 168.9 mt dw shark quota for aggregated LCS and 8.9 mt dw or 33 percent of the 27.1 mt dw shark quota for the hammerhead management groups have been harvested in the Atlantic region. This means that approximately 77 percent of the aggregated LCS quota remains available and approximately 67 percent of the hammerhead shark quota remains available. NMFS took action previously this year to reduce retention rates, considering the need for all regions to have an equitable opportunity to utilize the quota. Given the geographic distribution of the sharks at this time of year (i.e., they are heading north before moving south again later in the year), the retention limit needs to be adjusted upwards now to ensure that fishermen in the Atlantic region have an opportunity to fully utilize the quotas 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 current commercial retention limit and average catch rate of landings data from dealer reports, the amount of aggregated LCS and hammerhead sharks harvested in the Atlantic region on a daily basis is low. Using current catch rates, projections indicate that landings would not exceed 80 percent of the quota before the end of the 2016 fishing season. In other words, this daily average catch rate means that aggregated LCS and hammerhead sharks are being harvested too slowly to promote fishing opportunities and ensure full utilization of the quota in the 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 either the aggregated LCS or hammerhead shark quotas, NMFS would, as required by the regulations, close the aggregated LCS and hammerhead shark management groups since they are ``linked quotas.'' Current low catch rates would likely result in the fisheries remaining open to the remainder of the year with the quotas being underutilized in the Atlantic region. (iv) Effects of the adjustment on accomplishing the objectives of the 2006 Consolidated HMS FMP and its amendments. Adjusting the retention limit by increasing the retention limit on aggregated LCS and hammerhead management group in the Atlantic region from 3 to 45 LCS other than sandbar sharks per vessel 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. Migratory patterns of many LCS in the Atlantic region indicate the sharks move farther north in the summer and then return south in the fall. Increasing the retention limit in the Atlantic region at this time provides for fishing opportunities by fishermen farther north as the sharks are likely going to be in the northern areas of the region for only a short period of time before migrating south again. As a result, by increasing the harvest and landings on a per-trip basis, fishermen throughout the region will likely experience equitable fishing opportunities. (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. NMFS has previously provided notice to the regulated community (80 FR 74999; December 1, 2015, and 81 FR 18541; March 31, 2016) that a goal of this year's fishery is to ensure fishing opportunities throughout the fishing season and fishing region. While dealer reports indicate that, under current catch rates, the aggregated LCS and hammerhead shark management groups in the Atlantic region would remain open for the remainder of the year, the catch rates also indicate that the quotas are being harvested too slowly and would likely not be fully harvested under the current retention limit. If the harvest of these species is increased through an increased retention limit, NMFS estimates that the fishery would still remain open for the remainder of the year and fishermen throughout the Atlantic region would have a reasonable opportunity to harvest a portion of the quota. On December 1, 2015 (80 FR 74999), NMFS announced in a final rule 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. We had published a proposed rule on August 18, 2015 (80 FR 49974) and accepted public comment. In the final rule, NMFS also announced that if it appeared that the quota is being harvested too quickly, thus precluding fishing opportunities throughout the entire region (e.g., if approximately 20 percent of the quota is caught at the beginning of the year), NMFS would consider reducing the commercial retention limit to 3 or fewer LCS other than sandbar sharks and then later consider increasing to 45 LCS other than sandbar sharks per vessel per trip around July 15, 2016, consistent with the applicable regulatory requirements. In March 2016, dealer reports indicated that landings had exceeded 20 percent of the quota, and NMFS therefore reduced the commercial Atlantic aggregated LCS and hammerhead shark retention limit from 36 to 3 LCS other than sandbar per vessel per trip on April 2, 2016 (81 FR 18541; March 31, 2016) after considering the inseason retention limit adjustment criteria listed in Sec. 635.24(a)(8). Based on dealer reports through June 17, 2016, approximately 77 percent and 67 percent of the aggregated LCS and hammerhead shark quotas remain, respectively. At this point in the season, fishermen in the Atlantic region may not have an opportunity to fully utilize the quotas in the region for the remainder of the year if the retention limits are not increased, and available quota will be underutilized. Accordingly, as of July 15, 2016, NMFS is increasing 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 3 LCS other than sandbar sharks per vessel per trip to 45 LCS other than sandbar sharks per vessel per trip. This retention limit adjustment does not apply to directed shark limited access permit holders 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 44800]] 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, in which case the restrictions noted on the shark research permit apply. All other retention limits and shark fisheries in the Atlantic region remain unchanged. This retention limit will remain at 45 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. Classification The Assistant Administrator for NMFS (AA) finds that it is impracticable and contrary to the public interest to provide prior notice of, and an opportunity for public comment on, this action for the following reasons: Prior notice is impracticable because the regulatory criteria for inseason retention limit adjustments are intended to allow the agency to respond quickly to existing management considerations, including remaining available shark quotas, estimated dates for the fishery closures, the regional variations in the shark fisheries, and equitable fishing opportunities. Additionally, regulations implementing Amendment 6 of the 2006 Atlantic Consolidated HMS FMP (80 FR 50074, August 18, 2006) intended that the LCS retention limit could be adjusted quickly throughout the fishing season to provide management flexibility for the shark fisheries and provide equitable fishing opportunities to fishermen throughout a region. Based on available shark quotas and informed by shark landings in previous seasons, responsive adjustment to the LCS commercial retention limit from the incidental level is warranted as quickly as possible to allow fishermen to take advantage of available quotas while sharks are present in their region. For such adjustment to be practicable, it must occur in a timeframe that allows fishermen to take advantage of it. Adjustment of the LCS fisheries retention limit in the Atlantic region will begin on July 15. Prior notice would result in a later enactment date and would be contrary to the public interest. Delays in increasing the retention limit would adversely affect those shark fishermen that would otherwise have an opportunity to harvest more than the current retention limit of 3 LCS other than sandbar sharks per vessel per trip and could result in low catch rates and underutilized quotas. Analysis of available data shows that adjustment to the LCS commercial retention limit upward to 45 would result in minimal risks of exceeding the aggregated LCS and hammerhead shark quotas in the Atlantic region based on our consideration of previous years' data, in which the fisheries have opened in July. With quota available and with no measurable impacts to the stock expected, it would be contrary to the public interest to require vessels to wait to harvest the sharks otherwise allowable through this action. Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment. Adjustment of the LCS commercial retention limit in the Atlantic region is effective July 15, 2016, to minimize any unnecessary disruption in fishing patterns, to allow the impacted fishermen to benefit from the adjustment, and to not preclude fishing opportunities by fishermen farther north as the sharks are likely going to be in the northern areas of the region for only a short period of time before migrating south again. Foregoing opportunities to harvest the respective quotas could have negative social and economic impacts for U.S. fishermen that depend upon catching the available quotas. Therefore, the AA finds there is also good cause under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness. This action is being taken under Sec. 635.23(a)(4) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: July 1, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-16299 Filed 7-8-16; 8:45 am] BILLING CODE 3510-22-P
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Agency for good cause finds that notice National Institute for Occupational rest of the 2016 fishing season or until
and public procedure are impracticable, Safety and Health (NIOSH)-certified NMFS announces via a notice in the
unnecessary or contrary to the public respirators with an Assigned Protection Federal Register another adjustment to
interest, the Agency may issue a final Factor (APF) of at least 10 meet the the retention limit or a fishery closure.
rule without providing notice and an requirements of § 721.63(a)(4): This retention limit adjustment affects
opportunity for public comment. EPA * * * * * anyone with a directed shark limited
has determined that there is good cause (ii) Hazard communication program. access permit fishing for LCS in the
for making this correction final without Requirements as specified in § 721.72(a) Atlantic region.
prior proposal and opportunity for through (f)(concentration set at 1.0 DATES: This retention limit adjustment
comment. The TSCA section 5(e) percent), (g)(1)(ii), (g)(2) (When using is effective on July 15, 2016, through the
consent order for P–15–378 that is the this substance avoid breathing the end of the 2016 fishing season on
basis for the SNUR at § 721.10908 substance, and use respiratory December 31, 2016, or until NMFS
contains the de minimus exemption of protection, or maintain workplace announces via a notice in the Federal
1.0% that is missing from the worker airborne concentrations at or below an Register another adjustment to the
protection requirements for 8-hour time-weighted average of 5 mg/ retention limit or a fishery closure, if
§ 721.10908(a)(2)(i). The typographical m3.) and (g)(5). warranted.
error corrects a spelling mistake for the * * * * * FOR FURTHER INFORMATION CONTACT: Guý
word ‘‘through.’’ EPA finds that this DuBeck or Karyl Brewster-Geisz 301–
constitutes good cause under 5 U.S.C. List of Subjects in 40 CFR Part 721 427–8503; fax 301–713–1917.
553(b)(3)(B). Environmental protection, Chemicals, SUPPLEMENTARY INFORMATION: Atlantic
IV. Do any of the statutory and Hazardous substances, Reporting and shark fisheries are managed under the
Executive Order reviews apply to this recordkeeping requirements. 2006 Consolidated Highly Migratory
action? Dated: June 23, 2016. Species (HMS) Fishery Management
Maria J. Doa, Plan (FMP), its amendments, and
No. For a detailed discussion
implementing regulations (50 CFR part
concerning the statutory and executive Director, Chemical Control Division, Office
of Pollution Prevention and Toxics. 635) issued under authority of the
order review, refer to Unit XII. of the
Magnuson-Stevens Fishery
May 16, 2016 final rule. [FR Doc. 2016–15728 Filed 7–8–16; 8:45 am] Conservation and Management Act (16
V. Congressional Review Act BILLING CODE 6560–50–P U.S.C. 1801 et seq.).
Pursuant to the Congressional Review Atlantic shark fisheries have separate
Act (5 U.S.C. 801 et seq.), EPA will regional (Gulf of Mexico and Atlantic)
submit a report containing this rule and DEPARTMENT OF COMMERCE quotas for all management groups
other required information to the U.S. except for the shark research fishery for
National Oceanic and Atmospheric LCS and sandbar sharks, blue shark,
Senate, the U.S. House of Administration
Representatives, and the Comptroller porbeagle shark, and pelagic shark
General of the United States prior to (other than porbeagle or blue sharks)
50 CFR Part 635 management groups. The boundary
publication of the rule in the Federal
Register. This action is not a ‘‘major [Docket No. 150413357–5999–02] between the Gulf of Mexico region and
rule’’ as defined by 5 U.S.C. 804(2). the Atlantic region is defined at
RIN 0648–XE586 § 635.27(b)(1) as a line beginning on the
In FR Doc. 2016–11121, published in
the Federal Register of May 16, 2016 (81 East Coast of Florida at the mainland at
Atlantic Highly Migratory Species;
FR 30452), make the following 25°20.4′ N. lat, proceeding due east.
Commercial Aggregated Large Coastal
correction: Any water and land to the north and
Shark and Hammerhead Shark
■ 1. On page, 30477, in the second and
east of that boundary is considered, for
Management Group Retention Limit
third columns, in § 721.10908, the purposes of quota monitoring and
Adjustment
paragraphs (a)(2)(i) introductory text setting of quotas, to be within the
and (a)(2)(ii) are corrected to read as AGENCY: National Marine Fisheries Atlantic region. This inseason action
follows: Service (NMFS), National Oceanic and only affects the aggregated LCS and
Atmospheric Administration (NOAA), hammerhead shark management groups
§ 721.10908 Aluminum calcium oxide salt Commerce. in the Atlantic region.
(generic). ACTION: Temporary rule; inseason Under § 635.24(a)(8), NMFS may
(a) * * * retention limit adjustment. adjust the commercial retention limit in
(2) * * * the shark fisheries during the fishing
(i) Protection in the workplace. SUMMARY: NMFS is adjusting the season. Before making any adjustment,
Requirements as specified in commercial aggregated large coastal NMFS must consider specified
§ 721.63(a)(4), (a)(6)(ii), (a)(6)(v), shark (LCS) and hammerhead shark regulatory criteria and other relevant
(a)(6)(vi), (b) (concentration set at 1.0 management group retention limit for factors. (See 635.24(a)(8)(i)–(vi)). After
percent), and (c). When determining directed shark limited access permit considering these criteria as discussed
which persons are reasonably likely to holders in the Atlantic region from 3 below, NMFS has concluded that
be exposed as required for LCS other than sandbar sharks per increasing the retention limit of the
§ 721.63(a)(4), engineering control vessel per trip to 45 LCS other than Atlantic aggregated LCS and
measures (e.g., enclosure or sandbar sharks per vessel per trip. This hammerhead management groups for
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confinement of the operation, general action is based on consideration of the directed shark limited access permit
and local ventilation) or administrative regulatory determination criteria holders will allow use of available
control measures (e.g., workplace regarding inseason adjustments. The aggregated LCS and hammerhead shark
policies and procedures) shall be retention limit will remain at 45 LCS management group quotas and will
considered and implemented to prevent other than sandbar sharks per vessel per provide fishermen throughout the
exposure, where feasible. The following trip in the Atlantic region through the Atlantic region equitable fishing
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and ‘‘no sale’’ provisions apply adjusted quickly throughout the fishing no measurable impacts to the stock
(§ 635.22(a) and (c)), or if the vessel season to provide management expected, it would be contrary to the
possesses a valid shark research permit flexibility for the shark fisheries and public interest to require vessels to wait
under § 635.32 and a NMFS-approved provide equitable fishing opportunities to harvest the sharks otherwise
observer is onboard, in which case the to fishermen throughout a region. Based allowable through this action.
restrictions noted on the shark research on available shark quotas and informed Therefore, the AA finds good cause
permit apply. by shark landings in previous seasons, under 5 U.S.C. 553(b)(B) to waive prior
All other retention limits and shark responsive adjustment to the LCS notice and the opportunity for public
fisheries in the Atlantic region remain commercial retention limit from the comment. Adjustment of the LCS
unchanged. This retention limit will incidental level is warranted as quickly commercial retention limit in the
remain at 45 LCS other than sandbar as possible to allow fishermen to take Atlantic region is effective July 15, 2016,
sharks per vessel per trip for the rest of advantage of available quotas while to minimize any unnecessary disruption
the 2016 fishing season, or until NMFS sharks are present in their region. For in fishing patterns, to allow the
announces via a notice in the Federal such adjustment to be practicable, it impacted fishermen to benefit from the
Register another adjustment to the must occur in a timeframe that allows adjustment, and to not preclude fishing
retention limit or a fishery closure, is fishermen to take advantage of it. opportunities by fishermen farther north
warranted. as the sharks are likely going to be in the
Adjustment of the LCS fisheries
Classification retention limit in the Atlantic region northern areas of the region for only a
will begin on July 15. Prior notice short period of time before migrating
The Assistant Administrator for south again. Foregoing opportunities to
NMFS (AA) finds that it is impracticable would result in a later enactment date
and would be contrary to the public harvest the respective quotas could have
and contrary to the public interest to negative social and economic impacts
provide prior notice of, and an interest. Delays in increasing the
retention limit would adversely affect for U.S. fishermen that depend upon
opportunity for public comment on, this
those shark fishermen that would catching the available quotas. Therefore,
action for the following reasons:
Prior notice is impracticable because otherwise have an opportunity to the AA finds there is also good cause
the regulatory criteria for inseason harvest more than the current retention under 5 U.S.C. 553(d) to waive the 30-
retention limit adjustments are intended limit of 3 LCS other than sandbar sharks day delay in effectiveness.
to allow the agency to respond quickly per vessel per trip and could result in This action is being taken under
to existing management considerations, low catch rates and underutilized § 635.23(a)(4) and is exempt from
including remaining available shark quotas. Analysis of available data shows review under Executive Order 12866.
quotas, estimated dates for the fishery that adjustment to the LCS commercial Authority: 16 U.S.C. 1801 et seq.
closures, the regional variations in the retention limit upward to 45 would
shark fisheries, and equitable fishing result in minimal risks of exceeding the Dated: July 1, 2016.
opportunities. Additionally, regulations aggregated LCS and hammerhead shark Emily H. Menashes,
implementing Amendment 6 of the 2006 quotas in the Atlantic region based on Acting Director, Office of Sustainable
Atlantic Consolidated HMS FMP (80 FR our consideration of previous years’ Fisheries, National Marine Fisheries Service.
50074, August 18, 2006) intended that data, in which the fisheries have opened [FR Doc. 2016–16299 Filed 7–8–16; 8:45 am]
the LCS retention limit could be in July. With quota available and with BILLING CODE 3510–22–P
ehiers on DSK5VPTVN1PROD with RULES
VerDate Sep<11>2014 13:54 Jul 08, 2016 Jkt 238001 PO 00000 Frm 00042 Fmt 4700 Sfmt 9990 E:\FR\FM\11JYR1.SGM 11JYR1](https://thefederalregister.org/doc/81_FR_44930/page/3.svg)
Document Created: 2016-07-09 00:21:20
Document Modified: 2016-07-09 00:21:20
| 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 on July 15, 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 44798 | |
| RIN Number | 0648-XE58 |
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