81 FR 72007 - 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 202 (October 19, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 202 (October 19, 2016)
| Page Range | 72007-72008 | |
| FR Document | 2016-25299 |
[Federal Register Volume 81, Number 202 (Wednesday, October 19, 2016)] [Rules and Regulations] [Pages 72007-72008] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25299] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 150413357-5999-02] RIN 0648-XE914 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 45 LCS other than sandbar sharks per vessel per trip to 25 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 25 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 a fishery closure is warranted. This retention limit adjustment will affect directed shark limited access permit holders fishing for LCS in the Atlantic region. DATES: This retention limit adjustment is effective at 11:30 p.m. local time October 19, 2016, through the end of the 2016 fishing season on December 31, 2016, or until NMFS announces via a notice in the Federal Register 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, NMFS 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 are projected to reach 80 percent before the end of the 2016 fishing season, NMFS is reducing the commercial Atlantic aggregated LCS and hammerhead shark retention limit from 45 to 25 LCS other than sandbar per vessel per trip. NMFS considered the inseason retention limit adjustment criteria listed in Sec. 635.24(a)(8), which says that:The amount of remaining shark quota in the Atlantic region based on dealer reports; Based on dealer reports, 108.6 mt dw or 64 percent of the 168.9 mt dw shark quota for the aggregated LCS management group has already been harvested in the Atlantic region. This means that approximately 36 percent of the quota remains. 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. The catch rates of the aggregated LCS management group in the Atlantic region based on dealer reports; Based on dealer reports, the current catch rates are too high to maintain an open season for the rest of the year. While fishermen are landing sharks within the per-trip retention limit of 45 LCS other than sandbar per trip per day, they are making multiple trips a day that result in high numbers of aggregated LCS being caught rapidly throughout the fishery. This high daily average catch rate means that aggregated LCS are being harvested too quickly to provide equitable fishing opportunities throughout the season. If the per trip limit is left unchanged, aggregated LCS would likely be harvested at such a high rate that the fishery would close in mid-October. Estimated date of the aggregated LCS management group closure based on when the landings are projected to reach 80 percent of the quota; Once the landings reach 80 percent of the quota, NMFS would close the aggregated LCS management group as well as any other management group with ``linked quotas'' such as the Atlantic hammerhead shark management group. Current catch rates would likely result in landings reaching this limit by mid-October. A closure would preclude fishing opportunities in the Atlantic region for the remainder of the year. Reducing the trip limit is expected to reduce the catch rates and allow for the fishery to remain open for the remainder of the year. 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 45 to 25 LCS per trip would allow for fishing opportunities later in the year consistent with the FMP's objectives to provide equitable fishing opportunities throughout the fishing season and to limit bycatch and discards. Variations in seasonal distribution or migratory patterns of aggregated LCS [[Page 72008]] based on scientific and fishery-based knowledge; and 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. Effects of catch rates in one part of the Atlantic region precluding vessels in another part from having a reasonable opportunity to harvest a portion of the aggregated LCS management group quota. Based on dealer reports, and given NMFS' notice to the regulated community (80 FR 74999, December 1, 2015; 81 FR 18541, March 31, 2016; and 81 FR 44798, July 11, 2016) that a goal of this year's fishery was to provide fishing opportunities throughout the fishing season, NMFS has concluded that the aggregated LCS 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, the fishery would likely close in mid-October. Closing the fishery would prevent fishermen from other parts of the Atlantic region from having the same opportunities to harvest the aggregated LCS quota later in the year. 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. NMFS 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 the retention limit to 45 LCS other than sandbar sharks per vessel per trip around July 15, 2016, after considering the appropriate regulatory adjustment criteria. 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 at Sec. 635.24(a)(8). As NMFS announced in the 2016 shark season final rule (81 FR 44798; July 11, 2016), we increased the commercial Atlantic aggregated LCS and hammerhead shark retention limit from 3 to 45 LCS other than sandbar per vessel per trip after considering the regulatory criteria. Based on dealer reports through September 30, 2016, approximately 34 percent and 54 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 fish in the region for the remainder of the year if the retention limits are not reduced. Accordingly, as of 11:30 p.m. local time October 19, 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 45 LCS other than sandbar sharks per vessel per trip to 25 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 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 25 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 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 would take place would likely result in early closure of the fishery, contrary to the objectives of the existing conservation and management measures in place for these species. These objectives include providing equitable fishing opportunities and ensuring 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 continued catch at the current rates, even for a limited period, could result in eventual early quota closures and potential overharvests. 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. NMFS has 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: October 14, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-25299 Filed 10-14-16; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Rules and Regulations 72007
List of Subjects in 40 CFR Part 180 NMFS is adjusting the
SUMMARY: • The amount of remaining shark
Environmental protection, commercial aggregated large coastal quota in the Atlantic region based on
Administrative practice and procedure, shark (LCS) and hammerhead shark dealer reports;
management group retention limit for Based on dealer reports, 108.6 mt dw
Agricultural commodities, Pesticides
or 64 percent of the 168.9 mt dw shark
and pests, Reporting and recordkeeping directed shark limited access permit
holders in the Atlantic region from 45 quota for the aggregated LCS
requirements.
LCS other than sandbar sharks per management group has already been
Dated: September 30, 2016. vessel per trip to 25 LCS other than harvested in the Atlantic region. This
Michael Goodis, sandbar sharks per vessel per trip. This means that approximately 36 percent of
Acting Director, Registration Division, Office action is based on consideration of the the quota remains. Unless action is
of Pesticide Programs. regulatory determination criteria taken to slow harvest, fishermen in the
regarding inseason adjustments. The Atlantic region may not have an
Therefore, 40 CFR chapter I is
retention limit will remain at 25 LCS opportunity to fish in the region for the
amended as follows:
other than sandbar sharks per vessel per remainder of the year.
PART 180—[AMENDED] trip in the Atlantic region through the • The catch rates of the aggregated
rest of the 2016 fishing season or until LCS management group in the Atlantic
■ 1. The authority citation for part 180 NMFS announces via a notice in the region based on dealer reports;
continues to read as follows: Federal Register a fishery closure is Based on dealer reports, the current
warranted. This retention limit catch rates are too high to maintain an
Authority: 21 U.S.C. 321(q), 346a and 371. open season for the rest of the year.
adjustment will affect directed shark
■ 2. In § 180.664, alphabetically add
limited access permit holders fishing for While fishermen are landing sharks
entries for ‘‘beet, sugar, roots’’, ‘‘beet, LCS in the Atlantic region. within the per-trip retention limit of 45
sugar, tops’’, and ‘‘vegetable, bulb, LCS other than sandbar per trip per day,
DATES: This retention limit adjustment
group 3–07’’ to the table in paragraph (a) they are making multiple trips a day
is effective at 11:30 p.m. local time
to read as follows: that result in high numbers of
October 19, 2016, through the end of the
aggregated LCS being caught rapidly
§ 180.664 Penflufen; tolerances for 2016 fishing season on December 31,
throughout the fishery. This high daily
residues. 2016, or until NMFS announces via a
average catch rate means that aggregated
(a) * * * notice in the Federal Register a fishery
LCS are being harvested too quickly to
closure, if warranted.
provide equitable fishing opportunities
Commodity Parts per FOR FURTHER INFORMATION CONTACT: Guý throughout the season. If the per trip
million DuBeck or Karyl Brewster-Geisz 301– limit is left unchanged, aggregated LCS
427–8503; fax 301–713–1917. would likely be harvested at such a high
* * * * * SUPPLEMENTARY INFORMATION: Atlantic rate that the fishery would close in mid-
Beet, sugar, roots ................. 0.01 ppm shark fisheries are managed under the October.
Beet, sugar, tops .................. 0.01 ppm 2006 Consolidated Highly Migratory • Estimated date of the aggregated
Species (HMS) Fishery Management LCS management group closure based
* * * * * Plan (FMP), its amendments, and on when the landings are projected to
Vegetable, bulb, group 3–07 0.01 ppm implementing regulations (50 CFR part reach 80 percent of the quota;
635) issued under authority of the Once the landings reach 80 percent of
* * * * *
Magnuson-Stevens Fishery the quota, NMFS would close the
Conservation and Management Act (16 aggregated LCS management group as
* * * * *
[FR Doc. 2016–25293 Filed 10–18–16; 8:45 am]
U.S.C. 1801 et seq.). well as any other management group
Under § 635.24(a)(8), NMFS may with ‘‘linked quotas’’ such as the
BILLING CODE 6560–50–P
adjust the commercial retention limit in Atlantic hammerhead shark
the shark fisheries during the fishing management group. Current catch rates
season. Before making any adjustment, would likely result in landings reaching
DEPARTMENT OF COMMERCE NMFS must consider specified this limit by mid-October. A closure
regulatory criteria and other relevant would preclude fishing opportunities in
National Oceanic and Atmospheric factors. See § 635.24(a)(8)(i)–(vi). After the Atlantic region for the remainder of
Administration considering these criteria as discussed the year. Reducing the trip limit is
below, NMFS concluded that reducing expected to reduce the catch rates and
50 CFR Part 635 the retention limit of the Atlantic allow for the fishery to remain open for
[Docket No. 150413357–5999–02] aggregated LCS and hammerhead the remainder of the year.
management groups for directed shark • Effects of the adjustment on
RIN 0648–XE914 limited access permit holders will slow accomplishing the objectives of the 2006
the fishery catch rates to allow the Consolidated HMS FMP and its
Atlantic Highly Migratory Species; fishery throughout the Atlantic region to amendments;
Commercial Aggregated Large Coastal remain open for the rest of the year. Reducing the retention limit for the
Shark and Hammerhead Shark Since landings are projected to reach 80 aggregated LCS and hammerhead
Management Group Retention Limit percent before the end of the 2016 management group from 45 to 25 LCS
Adjustment fishing season, NMFS is reducing the per trip would allow for fishing
jstallworth on DSK7TPTVN1PROD with RULES
AGENCY: National Marine Fisheries commercial Atlantic aggregated LCS and opportunities later in the year consistent
Service (NMFS), National Oceanic and hammerhead shark retention limit from with the FMP’s objectives to provide
Atmospheric Administration (NOAA), 45 to 25 LCS other than sandbar per equitable fishing opportunities
Commerce. vessel per trip. throughout the fishing season and to
ACTION: Temporary rule; inseason
NMFS considered the inseason limit bycatch and discards.
retention limit adjustment. retention limit adjustment criteria listed • Variations in seasonal distribution
in § 635.24(a)(8), which says that: or migratory patterns of aggregated LCS
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![72008 Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Rules and Regulations
based on scientific and fishery-based vessel per trip on April 2, 2016 (81 FR impracticable and contrary to the public
knowledge; and 18541; March 31, 2016) after interest. Providing prior notice and an
The directed shark fisheries in the considering the inseason retention limit opportunity for comment is
Atlantic region exhibit a mixed species adjustment criteria listed at impracticable because the catch and
composition, with a high abundance of § 635.24(a)(8). As NMFS announced in landings that need to be reduced are
aggregated LCS caught in conjunction the 2016 shark season final rule (81 FR ongoing and must be reduced
with hammerhead sharks. As a result, 44798; July 11, 2016), we increased the immediately to meet conservation and
by slowing the harvest and reducing commercial Atlantic aggregated LCS and management objectives for the fishery.
landings on a per-trip basis, both hammerhead shark retention limit from Continued fishing at those levels during
fisheries could remain open for the 3 to 45 LCS other than sandbar per the time that notice and comment
remainder of the year. vessel per trip after considering the would take place would likely result in
• Effects of catch rates in one part of regulatory criteria. Based on dealer early closure of the fishery, contrary to
the Atlantic region precluding vessels in reports through September 30, 2016, the objectives of the existing
another part from having a reasonable approximately 34 percent and 54 conservation and management measures
opportunity to harvest a portion of the percent of the aggregated LCS and in place for these species. These
aggregated LCS management group hammerhead shark quotas remain, objectives include providing equitable
quota. respectively. At this point in the season, fishing opportunities and ensuring that
Based on dealer reports, and given fishermen in the Atlantic region may bycatch and discards are minimized.
NMFS’ notice to the regulated not have an opportunity to fish in the Allowing fishing to continue at the
community (80 FR 74999, December 1, region for the remainder of the year if existing rates even for a limited time is
2015; 81 FR 18541, March 31, 2016; and the retention limits are not reduced. contrary to these objectives and would
81 FR 44798, July 11, 2016) that a goal Accordingly, as of 11:30 p.m. local thus be impracticable. It would also be
of this year’s fishery was to provide time October 19, 2016, NMFS is contrary to the public interest because
fishing opportunities throughout the reducing the retention limit for the continued catch at the current rates,
fishing season, NMFS has concluded commercial aggregated LCS and even for a limited period, could result
that the aggregated LCS quota is being hammerhead shark management groups in eventual early quota closures and
harvested too quickly to meet in the Atlantic region for directed shark potential overharvests. The AA also
conservation and management goals for limited access permit holders from 45 finds good cause to waive the 30-day
the fishery. If the harvest of these LCS other than sandbar sharks per delay in effective date pursuant to 5
species is not slowed down, the fishery vessel per trip to 25 LCS other than U.S.C. 553(d)(3) for the same reasons.
would likely close in mid-October. sandbar sharks per vessel per trip. If the This action is required under
Closing the fishery would prevent vessel is properly permitted to operate § 635.28(b)(2) and is exempt from
fishermen from other parts of the as a charter vessel or headboat for HMS review under Executive Order 12866.
Atlantic region from having the same and is engaged in a for-hire trip, in NMFS has concluded that reducing the
opportunities to harvest the aggregated which case the recreational retention retention limit of the Atlantic aggregated
LCS quota later in the year. limits for sharks and ‘‘no sale’’ LCS and hammerhead management
On December 1, 2015 (80 FR 74999), provisions apply (§ 635.22(a) and (c)), or groups for directed shark limited access
NMFS announced in a final rule that the if the vessel possesses a valid shark permit holders will slow the fishery
aggregated LCS and hammerhead shark research permit under § 635.32 and a catch rates to allow the fishery
fisheries management groups for the NMFS-approved observer is onboard, throughout the Atlantic region to remain
Atlantic region would open on January then they are exempted from the open for the rest of the year.
1 with a quota of 168.9 metric tons (mt) retention limit adjustment.
dressed weight (dw) (372,552 lb dw) Authority: 16 U.S.C. 1801 et seq.
All other retention limits and shark
and 27.1 mt dw (59,736 lb dw), fisheries in the Atlantic region remain Dated: October 14, 2016.
respectively. NMFS had published a unchanged. This retention limit will Emily H. Menashes,
proposed rule on August 18, 2015 (80 remain at 25 LCS other than sandbar Acting Director, Office of Sustainable
FR 49974) and accepted public sharks per vessel per trip for the rest of Fisheries, National Marine Fisheries Service.
comment. In the final rule, NMFS also the 2016 fishing season, or until NMFS [FR Doc. 2016–25299 Filed 10–14–16; 4:15 pm]
announced that if it appeared that the announces via a notice in the Federal BILLING CODE 3510–22–P
quota is being harvested too quickly, Register a fishery closure, is warranted.
thus precluding fishing opportunities The boundary between the Gulf of
throughout the entire region (e.g., if Mexico region and the Atlantic region is DEPARTMENT OF COMMERCE
approximately 20 percent of the quota is defined at § 635.27(b)(1) as a line
caught at the beginning of the year), beginning on the East Coast of Florida National Oceanic and Atmospheric
NMFS would consider reducing the at the mainland at 25°20.4′ N. lat., Administration
commercial retention limit to 3 or fewer proceeding due east. Any water and
LCS other than sandbar sharks and then land to the north and east of that 50 CFR Part 648
later consider increasing the retention boundary is considered, for the [Docket No. 130408348–3835–02]
limit to 45 LCS other than sandbar purposes of quota monitoring and
sharks per vessel per trip around July RIN 0648–XE968
setting of quotas, to be within the
15, 2016, after considering the Atlantic region. Fisheries of the Northeastern United
appropriate regulatory adjustment
States; Atlantic Herring Fishery; 2016
jstallworth on DSK7TPTVN1PROD with RULES
criteria. In March 2016, dealer reports Classification
Management Area 1A Seasonal Annual
indicated that landings had exceeded 20 Pursuant to 5 U.S.C. 553(b)(B), the
Catch Limit Harvested
percent of the quota, and NMFS Assistant Administrator for Fisheries,
therefore reduced the commercial NOAA (AA), finds there is good cause AGENCY: National Marine Fisheries
Atlantic aggregated LCS and to waive prior notice and an Service (NMFS), National Oceanic and
hammerhead shark retention limit from opportunity for public comment on this Atmospheric Administration (NOAA),
36 to 3 LCS other than sandbar per action, as notice and comment would be Commerce.
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Document Created: 2016-10-19 02:12:02
Document Modified: 2016-10-19 02:12:02
| 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 October 19, 2016, through the end of the 2016 fishing season on December 31, 2016, or until NMFS announces via a notice in the Federal Register a fishery closure, if warranted. | |
| Contact | Gu[yacute] DuBeck or Karyl Brewster- Geisz 301-427-8503; fax 301-713-1917. | |
| FR Citation | 81 FR 72007 | |
| RIN Number | 0648-XE91 |
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