83 FR 21744 - Atlantic Highly Migratory Species; Commercial Aggregated Large Coastal Shark and Hammerhead Shark Management Groups Retention Limit Adjustment
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 91 (May 10, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 91 (May 10, 2018)
| Page Range | 21744-21745 | |
| FR Document | 2018-09945 |
[Federal Register Volume 83, Number 91 (Thursday, May 10, 2018)] [Rules and Regulations] [Pages 21744-21745] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-09945] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 160620545-6999-02] RIN 0648-XG181 Atlantic Highly Migratory Species; Commercial Aggregated Large Coastal Shark and Hammerhead Shark Management Groups 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 25 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 2018 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. 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 May 12, 2018, through the end of the 2018 fishing season on December 31, 2018, 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: Lauren Latchford, 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 reached approximately 20 percent of the quota and are projected to reach 80 percent before the end of the 2018 fishing season, NMFS is reducing the commercial Atlantic aggregated LCS and hammerhead shark retention limit from 25 to 3 LCS other than sandbar per vessel per trip. NMFS considered whether to reduce the retention limit for LCS other than sandbar sharks, considering the inseason retention limit adjustment criteria listed in Sec. 635.24(a)(8), which includes (broken down by bullet points):The amount of remaining shark quota in the relevant area, region, or sub-region, to date, based on dealer reports. Based on dealer reports, 32.7 mt dw or 19 percent of the 168.9 mt dw shark quota for the aggregated LCS management group has already been landed in the Atlantic region. This means that approximately 80 percent of the quota remains. At current landings rates, this quota would be expanded by July. These levels this early in the season indicate that unless action is taken to slow landings, 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 relevant shark species/complexes in the region or sub-region, to date, based on dealer reports. Dealer reports indicate a high level of average daily landings. At this level, aggregated LCS are being harvested too quickly to ensure 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 there would not be enough aggregated LCS quota remaining to keep the fishery open year-round, precluding equitable fishing opportunities for the entire Atlantic region. 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, NMFS would have to close the aggregated LCS management group as well as the ``linked hammerhead shark management group. Current catch rates would likely result in reaching this limit by the beginning of July. A closure so early in the year would preclude fishing opportunities in the Atlantic region 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 25 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. 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 [[Page 21745]] fisheries could remain open for the remainder of the year. 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 (82 FR 55512, November 22, 2017) that a goal of this year's fishery was to ensure 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, we estimate that the fishery would close by the beginning of July. Closing the fishery so early 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 November 22, 2017 (82 FR 55512), NMFS announced that the aggregated LCS and hammerhead shark 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 indicated that if it appeared that the aggregated LCS management group quota is being harvested too quickly, to allow fishermen throughout the entire region an opportunity to fish (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 for LCS other than sandbar sharks. Dealer reports through May 4, 2018, indicate that 32.7 mt dw or 19 percent of the available quota for the aggregated LCS management group has been harvested. If the average landings rate for the aggregated LCS management group reflected in the dealer reports continues, landings could reach 80 percent of the quota by the beginning of July. Once the landings reach 80 percent of the quota, NMFS would close both the aggregated LCS and hammerhead management group because they are linked under the regulations (Sec. 635.28(b)(3)). Accordingly, as of 11:30 p.m. local time May 12, 2018, 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 25 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 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 2018 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 large number of fishermen would 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. 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: May 7, 2018. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-09945 Filed 5-7-18; 4:15 pm] BILLING CODE 3510-22-P
![21744 Federal Register / Vol. 83, No. 91 / Thursday, May 10, 2018 / Rules and Regulations
associated critical habitat. The impacts regarding inseason adjustments. The sub-region, to date, based on dealer
of numerous fisheries have been retention limit will remain at 3 LCS reports.
analyzed in various biological opinions, other than sandbar sharks per vessel per Based on dealer reports, 32.7 mt dw
and this final rule would not affect the trip in the Atlantic region through the or 19 percent of the 168.9 mt dw shark
conclusions of those opinions. The rest of the 2018 fishing season or until quota for the aggregated LCS
inclusion of fisheries on the AD is not NMFS announces via a notice in the management group has already been
considered a management action that Federal Register another adjustment to landed in the Atlantic region. This
would adversely affect threatened or the retention limit or a fishery closure means that approximately 80 percent of
endangered species. If NMFS takes a is warranted. This retention limit the quota remains. At current landings
management action, for example, adjustment will affect anyone with a rates, this quota would be expanded by
requiring modifications to fishing gear directed shark limited access permit July. These levels this early in the
and/or practices, NMFS would review fishing for LCS in the Atlantic region. season indicate that unless action is
the action for potential adverse effects to DATES: This retention limit adjustment taken to slow landings, fishermen in the
listed species under the ESA. is effective at 11:30 p.m. local time May Atlantic region may not have an
This final rule would have no adverse 12, 2018, through the end of the 2018 opportunity to fish in the region for the
impacts on sea turtles and may have a fishing season on December 31, 2018, or remainder of the year.
positive impact on sea turtles by until NMFS announces via a notice in • The catch rates of the relevant shark
improving knowledge of sea turtles and the Federal Register another adjustment species/complexes in the region or sub-
the fisheries interacting with sea turtles to the retention limit or a fishery region, to date, based on dealer reports.
through information collected from Dealer reports indicate a high level of
closure, if warranted.
observer programs. average daily landings. At this level,
FOR FURTHER INFORMATION CONTACT:
This final rule would not affect the aggregated LCS are being harvested too
Lauren Latchford, Guý DuBeck, or Karyl quickly to ensure fishing opportunities
land or water uses or natural resources Brewster-Geisz 301–427–8503; fax 301–
of the coastal zone, as specified under throughout the season. If the per trip
713–1917. limit is left unchanged, aggregated LCS
section 307 of the Coastal Zone
SUPPLEMENTARY INFORMATION: Atlantic would likely be harvested at such a high
Management Act.
shark fisheries are managed under the rate that there would not be enough
Dated: May 7, 2018. 2006 Consolidated Highly Migratory aggregated LCS quota remaining to keep
Samuel D. Rauch, III, Species (HMS) Fishery Management the fishery open year-round, precluding
Deputy Assistant Administrator for Plan (FMP), its amendments, and equitable fishing opportunities for the
Regulatory Programs, National Marine implementing regulations (50 CFR part entire Atlantic region.
Fisheries Service. 635) issued under authority of the • Estimated date of fishery closure
[FR Doc. 2018–09957 Filed 5–9–18; 8:45 am] Magnuson-Stevens Fishery based on when the landings are
BILLING CODE 3510–22–P Conservation and Management Act (16 projected to reach 80 percent of the
U.S.C. 1801 et seq.). quota given the realized catch rates.
Under § 635.24(a)(8), NMFS may Once the landings reach 80 percent of
DEPARTMENT OF COMMERCE adjust the commercial retention limit in the quota, NMFS would have to close
the shark fisheries during the fishing the aggregated LCS management group
National Oceanic and Atmospheric season. Before making any adjustment, as well as the ‘‘linked hammerhead
Administration NMFS must consider specified shark management group. Current catch
regulatory criteria and other relevant rates would likely result in reaching this
50 CFR Part 635 factors See § 635.24(a)(8)(i)–(vi). After limit by the beginning of July. A closure
[Docket No. 160620545–6999–02] considering these criteria as discussed so early in the year would preclude
below, we have concluded that reducing fishing opportunities in the Atlantic
RIN 0648–XG181 the retention limit of the Atlantic region for the remainder of the year.
Atlantic Highly Migratory Species; aggregated LCS and hammerhead • Effects of the adjustment on
Commercial Aggregated Large Coastal management groups for directed shark accomplishing the objectives of the 2006
Shark and Hammerhead Shark limited access permit holders will slow Consolidated HMS FMP and its
Management Groups Retention Limit the fishery catch rates to allow the amendments.
Adjustment fishery throughout the Atlantic region to Reducing the retention limit for the
remain open for the rest of the year. aggregated LCS and hammerhead
AGENCY: National Marine Fisheries Since landings have reached management group from 25 to 3 LCS per
Service (NMFS), National Oceanic and approximately 20 percent of the quota trip would allow for fishing
Atmospheric Administration (NOAA), and are projected to reach 80 percent opportunities later in the year consistent
Commerce. before the end of the 2018 fishing with the FMP’s objectives to ensure
ACTION: Temporary rule; inseason season, NMFS is reducing the equitable fishing opportunities
retention limit adjustment. commercial Atlantic aggregated LCS and throughout the fishing season and to
hammerhead shark retention limit from limit bycatch and discards.
SUMMARY: NMFS is adjusting the 25 to 3 LCS other than sandbar per • Variations in seasonal distribution,
commercial aggregated large coastal vessel per trip. abundance, or migratory patterns of the
shark (LCS) and hammerhead shark NMFS considered whether to reduce relevant shark species based on
management group retention limit for the retention limit for LCS other than scientific and fishery-based knowledge.
directed shark limited access permit The directed shark fisheries in the
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sandbar sharks, considering the
holders in the Atlantic region from 25 inseason retention limit adjustment Atlantic region exhibit a mixed species
LCS other than sandbar sharks per criteria listed in § 635.24(a)(8), which composition, with a high abundance of
vessel per trip to 3 LCS other than includes (broken down by bullet aggregated LCS caught in conjunction
sandbar sharks per vessel per trip. This points): with hammerhead sharks. As a result,
action is based on consideration of the • The amount of remaining shark by slowing the harvest and reducing
regulatory determination criteria quota in the relevant area, region, or landings on a per-trip basis, both
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![Federal Register / Vol. 83, No. 91 / Thursday, May 10, 2018 / Rules and Regulations 21745
fisheries could remain open for the LCS and hammerhead management impracticable because the catch and
remainder of the year. group because they are linked under the landings that need to be reduced are
• Effects of catch rates in one part of regulations (§ 635.28(b)(3)). ongoing and must be reduced
a region or sub-region precluding Accordingly, as of 11:30 p.m. local immediately to meet conservation and
vessels in another part of that region or time May 12, 2018, NMFS is reducing management objectives for the fishery.
sub-region from having a reasonable the retention limit for the commercial Continued fishing at those levels during
opportunity to harvest a portion of the aggregated LCS and hammerhead shark the time that notice and comment takes
relevant quota. management groups in the Atlantic place would result in the much of the
Based on dealer reports, and given region for directed shark limited access quota being landed and could result in
NMFS’ notice to the regulated permit holders from 25 LCS other than a very early closure of the fishery,
community (82 FR 55512, November 22, sandbar sharks per vessel per trip to 3 contrary to the objectives of the existing
2017) that a goal of this year’s fishery LCS other than sandbar sharks per conservation and management measures
was to ensure fishing opportunities vessel per trip. If the vessel is properly
in place for those species. These
throughout the fishing season, NMFS permitted to operate as a charter vessel
has concluded that the aggregated LCS objectives include ensuring that fishing
or headboat for HMS and is engaged in
quota is being harvested too quickly to opportunities are equitable and that
a for-hire trip, in which case the
meet conservation and management recreational retention limits for sharks bycatch and discards are minimized.
goals for the fishery. If the harvest of and ‘‘no sale’’ provisions apply Allowing fishing to continue at the
these species is not slowed, we estimate (§ 635.22(a) and (c)), or if the vessel existing rates even for a limited time is
that the fishery would close by the possesses a valid shark research permit contrary to these objectives and would
beginning of July. Closing the fishery so under § 635.32 and a NMFS-approved thus be impracticable. It would also be
early would prevent fishermen from observer is onboard, then they are contrary to the public interest because,
other parts of the Atlantic region from exempted from the retention limit if the quota continues to be caught at the
having the same opportunities to adjustment. current levels, the quota will not last
harvest the aggregated LCS quota later All other retention limits and shark throughout the remainder of the fishing
in the year. fisheries in the Atlantic region remain season and a large number of fishermen
On November 22, 2017 (82 FR 55512), unchanged. This retention limit will would be denied the opportunity to
NMFS announced that the aggregated remain at 3 LCS other than sandbar land sharks from the quota.
LCS and hammerhead shark sharks per vessel per trip for the rest of Furthermore, continued catch at the
management groups for the Atlantic the 2018 fishing season, or until NMFS current rates, even for a limited period,
region would open on January 1 with a announces via a notice in the Federal could result in eventual quota
quota of 168.9 metric tons (mt) dressed Register another adjustment to the overharvests, since it is still so early in
weight (dw) (372,552 lb dw) and 27.1 mt retention limit or a fishery closure is the fishing year. The AA also finds good
dw (59,736 lb dw), respectively. In that warranted. cause to waive the 30-day delay in
final rule, NMFS also indicated that if The boundary between the Gulf of effective date pursuant to 5 U.S.C.
it appeared that the aggregated LCS Mexico region and the Atlantic region is 553(d)(3) for the same reasons. This
management group quota is being defined at § 635.27(b)(1) as a line action is required under § 635.28(b)(2)
harvested too quickly, to allow beginning on the East Coast of Florida and is exempt from review under
fishermen throughout the entire region at the mainland at 25°20.4′ N. lat, Executive Order 12866. NMFS has
an opportunity to fish (e.g., if proceeding due East. Any water and concluded that reducing the retention
approximately 20 percent of the quota is land to the north and east of that limit of the Atlantic aggregated LCS and
caught at the beginning of the year), boundary is considered, for the hammerhead management groups for
NMFS would consider reducing the purposes of quota monitoring and directed shark limited access permit
commercial retention limit for LCS setting of quotas, to be within the holders will slow the fishery catch rates
other than sandbar sharks. Dealer Atlantic region. to allow the fishery throughout the
reports through May 4, 2018, indicate
that 32.7 mt dw or 19 percent of the Classification Atlantic region to remain open for the
available quota for the aggregated LCS Pursuant to 5 U.S.C. 553(b)(B), the rest of the year.
management group has been harvested. Assistant Administrator for Fisheries, Authority: 16 U.S.C. 1801 et seq.
If the average landings rate for the NOAA (AA), finds there is good cause Dated: May 7, 2018.
aggregated LCS management group to waive prior notice and an
reflected in the dealer reports continues, opportunity for public comment on this Jennifer M. Wallace,
landings could reach 80 percent of the action, as notice and comment would be Acting Director, Office of Sustainable
quota by the beginning of July. Once the impracticable and contrary to the public Fisheries, National Marine Fisheries Service.
landings reach 80 percent of the quota, interest. Providing prior notice and an [FR Doc. 2018–09945 Filed 5–7–18; 4:15 pm]
NMFS would close both the aggregated opportunity for comment is BILLING CODE 3510–22–P
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Document Created: 2018-11-02 09:47:14
Document Modified: 2018-11-02 09:47:14
| 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 May 12, 2018, through the end of the 2018 fishing season on December 31, 2018, or until NMFS announces via a notice in the Federal Register another adjustment to the retention limit or a fishery closure, if warranted. | |
| Contact | Lauren Latchford, Gu[yacute] DuBeck, or Karyl Brewster-Geisz 301-427-8503; fax 301-713-1917. | |
| FR Citation | 83 FR 21744 | |
| RIN Number | 0648-XG18 |
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