83_FR_34008 83 FR 33870 - Atlantic Highly Migratory Species; Commercial Aggregated Large Coastal Shark and Hammerhead Shark Management Group Retention Limit Adjustment

83 FR 33870 - 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 83, Issue 138 (July 18, 2018)

Page Range33870-33872
FR Document2018-15283

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 36 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 36 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 notification 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.

Federal Register, Volume 83 Issue 138 (Wednesday, July 18, 2018)
[Federal Register Volume 83, Number 138 (Wednesday, July 18, 2018)]
[Rules and Regulations]
[Pages 33870-33872]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15283]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150413357-5999-02]
RIN 0648-XG325


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 36 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 36 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 
notification 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 18, 2018, 
through December 31, 2018, or until NMFS announces via a notification 
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

[[Page 33871]]

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 those for blue shark, 
porbeagle shark, pelagic sharks (other than porbeagle or blue sharks), 
and the shark research fishery for LCS and sandbar sharks. 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 setting and monitoring 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 
limits in the shark fisheries during the fishing season. Before making 
any adjustment, NMFS must consider specified regulatory criteria (see 
Sec.  635.24(a)(8)(i) through (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 in the Atlantic region 
will allow use of available aggregated LCS and hammerhead shark 
management group quotas and will provide fishermen throughout the 
region equitable fishing 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 
36 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) through (vi), which includes:
     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 18, 2018, 52.6 metric tons 
(mt) dressed weight (dw) (116,048 lb dw), or 25 percent, of the 168.9 
mt dw shark quota for aggregated LCS and 4.9 mt dw (10,836 lb dw), or 
18 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 75 percent of the aggregated LCS quota remains available 
and approximately 82 percent of the hammerhead shark quota remains 
available. NMFS took action previously this year to reduce retention 
rates after considering the relevant inseason adjustment criteria, 
particularly 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 to ensure that fishermen in the Atlantic region have an 
opportunity to fully utilize the quotas in the region throughout 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.
    Based on the current commercial retention limit and average catch 
rate of landings data from dealer reports, the amount of aggregated LCS 
and hammerhead shark quota available is high, while harvest in the 
Atlantic region on a daily basis is low. Using current catch rates, 
projections indicate that landings would not reach 80 percent of the 
quota before the end of the 2018 fishing season (December 31, 2018). A 
higher retention limit will better promote fishing opportunities and 
utilization of available quota in the 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 either the aggregated LCS or 
hammerhead shark quotas, NMFS would, as required by the regulations at 
Sec.  635.28(b)(3), close the aggregated LCS and hammerhead shark 
management groups since they are ``linked quotas.'' Current catch rates 
would likely result in the fisheries remaining open for the remainder 
of the year, but with the quotas being underutilized in the Atlantic 
region. The higher retention limit should help make it possible to more 
fully utilize the quota in the Atlantic region.
     Effects of the adjustment on accomplishing the objectives 
of the 2006 Consolidated HMS FMP and its amendments.
    Increasing the retention limit on the aggregated LCS and hammerhead 
management groups in the Atlantic region from 3 to 36 LCS other than 
sandbar sharks per vessel per trip would allow for fishing 
opportunities later in the year, consistent with the FMP's objective to 
ensure equitable fishing opportunities throughout the region.
     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 are composed of 
a mix of species, 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 (i.e. Mid-Atlantic and New 
England) 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 Atlantic region will likely 
experience equitable fishing opportunities.
     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 (82 
FR 55512; November 22, 2017, and 83 FR 21744; May 10, 2018) that a goal 
of this year's fishery is to ensure fishing opportunities throughout 
the fishing season and the Atlantic 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 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 November 22, 2017 (82 FR 55512), 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 mt dw (372,552 lb dw) and 27.1 mt dw (59,736 lb dw), 
respectively. We had published a proposed rule on August 22, 2017 (82 
FR 39735) and invited and considered

[[Page 33872]]

public comment. In the final rule, NMFS explained 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, perhaps to 36 LCS other than sandbar sharks per vessel 
per trip around July 15, 2018, consistent with the applicable 
regulatory requirements. In May 2018, dealer reports indicated that 
landings had reached 19 percent of the quota, and NMFS therefore 
reduced the commercial Atlantic aggregated LCS and hammerhead shark 
retention limit from 25 to 3 LCS other than sandbar sharks per vessel 
per trip on May 12, 2018 (83 FR 21744; May 10, 2018) after considering 
the inseason retention limit adjustment criteria listed in Sec.  
635.24(a)(8). Based on dealer reports through June 18, 2018, 
approximately 75 percent and 82 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 18, 2018, 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 36 
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 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 36 LCS 
other than sandbar sharks per vessel per trip for the rest of the 2018 
fishing season, or until NMFS announces via a notification in the 
Federal Register another adjustment to the retention limit or a fishery 
closure, if 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, 
2015) 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 18, 2018. Prior notice would result in delays 
in increasing the retention limit and 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 
of the LCS commercial retention limit upward to 36 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 stocks 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 18, 
2018, 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)(3) to waive the 30-day delay in 
effectiveness.
    This action is being taken under Sec.  635.24(a)(2) and is exempt 
from review under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: July 12, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-15283 Filed 7-13-18; 4:15 pm]
 BILLING CODE 3510-22-P



                                           33870             Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations

                                           20° N latitude and 20° S latitude in a                   association with a FAD, in the water or               ■   8. Revise § 300.225 to read as follows:
                                           calendar year.                                           on a vessel while at sea, except that:
                                              (1) For the high seas there is a limit                   (A) A FAD may be inspected and                     § 300.225 Eastern High Seas Special
                                           of 1,370 fishing days in 2018.                                                                                 Management Area.
                                                                                                    handled as needed to identify the FAD,
                                              (2) For the U.S. EEZ there is a limit                 identify and release incidentally                        The owner and operator of a fishing
                                           of 458 fishing days for 2018. If NMFS                    captured animals, un-foul fishing gear,               vessel of the United States used for
                                           expects that this limit will be reached                  or prevent damage to property or risk to              commercial fishing for HMS is
                                           by October 1, 2018, NMFS will publish                    human safety; and                                     prohibited from engaging in
                                           a document in the Federal Register                          (B) A FAD may be removed from the                  transshipment in the Eastern High Seas
                                           increasing the limit for that calendar                   water and if removed may be repaired,                 Special Management Area.
                                           year to 558 fishing days no later than                   cleaned, maintained, or otherwise                     [FR Doc. 2018–15341 Filed 7–17–18; 8:45 am]
                                           seven days prior to October 1, 2018.                     serviced, provided that it is not returned            BILLING CODE 3510–22–P
                                              (3) NMFS will determine the number                    to the water.
                                           of fishing days spent on the high seas                      (v) From a purse seine vessel or any
                                           and in the U.S. EEZ in each calendar                     associated skiffs, other watercraft or                DEPARTMENT OF COMMERCE
                                           year using data submitted in logbooks                    equipment, do any of the following,
                                           and other available information. After                   except in emergencies as needed to                    National Oceanic and Atmospheric
                                           NMFS determines that a limit in a                        prevent human injury or the loss of                   Administration
                                           calendar year is expected to be reached                  human life, the loss of the purse seine
                                           by a specific future date, and at least                  vessel, skiffs, watercraft or aircraft, or            50 CFR Part 635
                                           seven calendar days in advance of the                    environmental damage:                                 [Docket No. 150413357–5999–02]
                                           closure date, NMFS will publish a                           (A) Submerge lights under water;
                                           document in the Federal Register                            (B) Suspend or hang lights over the                RIN 0648–XG325
                                           announcing that the purse seine fishery                  side of the purse seine vessel, skiff,
                                           in the area where the limit is expected                  watercraft or equipment, or;                          Atlantic Highly Migratory Species;
                                           to be reached will be closed starting on                    (C) Direct or use lights in a manner               Commercial Aggregated Large Coastal
                                           that specific future date and will remain                other than as needed to illuminate the                Shark and Hammerhead Shark
                                           closed until the end of the calendar                     deck of the purse seine vessel or                     Management Group Retention Limit
                                           year.                                                    associated skiffs, watercraft or                      Adjustment
                                              (4) Once a fishery closure is                         equipment, to comply with navigational                AGENCY:  National Marine Fisheries
                                           announced pursuant to paragraph (a)(3)                   requirements, and to ensure the health                Service (NMFS), National Oceanic and
                                           of this section, fishing vessels of the                  and safety of the crew.                               Atmospheric Administration (NOAA),
                                           United States equipped with purse seine                     (2) The requirements of paragraph
                                                                                                                                                          Commerce.
                                           gear may not be used to fish in the                      (b)(1) of this section shall apply:
                                                                                                       (i) From July 1 through September 30,              ACTION: Temporary rule; inseason
                                           closed area during the period specified
                                                                                                    in each calendar year;                                retention limit adjustment.
                                           in the Federal Register document,
                                           except that such vessels are not                            (ii) In any area of high seas, from
                                                                                                                                                          SUMMARY:    NMFS is adjusting the
                                           prohibited from bunkering during a                       November 1 through December 31, in
                                                                                                                                                          commercial aggregated large coastal
                                           fishery closure.                                         each calendar year.
                                                                                                       (3)(i) Activating FADs for purse seine             shark (LCS) and hammerhead shark
                                              (b) Use of fish aggregating devices. (1)                                                                    management group retention limit for
                                           During the periods and in the areas                      vessels. A vessel owner, operator, or
                                                                                                    crew of a fishing vessel of the United                directed shark limited access permit
                                           specified in paragraph (b)(2) of this                                                                          holders in the Atlantic region from 3
                                           section, owners, operators, and crew of                  States equipped with purse seine gear
                                                                                                    shall turn on the tracking equipment of               LCS other than sandbar sharks per
                                           fishing vessels of the United States                                                                           vessel per trip to 36 LCS other than
                                           equipped with purse seine gear shall not                 an active FAD while the FAD is onboard
                                                                                                    the vessel and before it is deployed in               sandbar sharks per vessel per trip. This
                                           do any of the activities described below                                                                       action is based on consideration of the
                                           in the Convention Area in the area                       the water.
                                                                                                       (ii) Restrictions on Active FADs for               regulatory determination criteria
                                           between 20° N latitude and 20° S                                                                               regarding inseason adjustments. The
                                           latitude:                                                purse seine vessels. U.S. vessel owners
                                                                                                    and operators of a fishing vessel of the              retention limit will remain at 36 LCS
                                              (i) Set a purse seine around a FAD or                                                                       other than sandbar sharks per vessel per
                                           within one nautical mile of a FAD.                       United States equipped with purse seine
                                                                                                    gear shall not have more than 350                     trip in the Atlantic region through the
                                              (ii) Set a purse seine in a manner                                                                          rest of the 2018 fishing season or until
                                           intended to capture fish that have                       drifting active FADs per vessel in the
                                                                                                    Convention Area at any one time.                      NMFS announces via a notification in
                                           aggregated in association with a FAD or                                                                        the Federal Register another adjustment
                                           a vessel, such as by setting the purse                   *       *    *     *     *
                                                                                                                                                          to the retention limit or a fishery
                                           seine in an area from which a FAD or                     ■ 7. In § 300.224, revise paragraph (a)(1)
                                                                                                                                                          closure. This retention limit adjustment
                                           a vessel has been moved or removed                       and remove and reserve paragraph                      affects anyone with a directed shark
                                           within the previous eight hours, or                      (a)(2).                                               limited access permit fishing for LCS in
                                           setting the purse seine in an area in                       The revision reads as follows:                     the Atlantic region.
                                           which a FAD has been inspected or
                                           handled within the previous eight                        § 300.224    Longline fishing restrictions.           DATES: This retention limit adjustment
                                           hours, or setting the purse seine in an                    (a) * * *                                           is effective on July 18, 2018, through
                                           area into which fish were drawn by a                       (1) There is a limit of 3,554 metric                December 31, 2018, or until NMFS
amozie on DSK3GDR082PROD with RULES




                                           vessel from the vicinity of a FAD or a                   tons of bigeye tuna per calendar year                 announces via a notification in the
                                           vessel.                                                  that may be captured in the Convention                Federal Register another adjustment to
                                              (iii) Deploy a FAD into the water.                    Area by longline gear and retained on                 the retention limit or a fishery closure,
                                              (iv) Repair, clean, maintain, or                      board by fishing vessels of the United                if warranted.
                                           otherwise service a FAD, including any                   States.                                               FOR FURTHER INFORMATION CONTACT:
                                           electronic equipment used in                             *     *     *     *     *                             Lauren Latchford, Guý DuBeck, or Karyl


                                      VerDate Sep<11>2014   17:26 Jul 17, 2018   Jkt 244001   PO 00000   Frm 00076   Fmt 4700   Sfmt 4700   E:\FR\FM\18JYR1.SGM   18JYR1


                                                             Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations                                         33871

                                           Brewster-Geisz 301–427–8503; fax 301–                    for aggregated LCS and 4.9 mt dw                      sandbar sharks per vessel per trip would
                                           713–1917.                                                (10,836 lb dw), or 18 percent, of the 27.1            allow for fishing opportunities later in
                                           SUPPLEMENTARY INFORMATION: Atlantic                      mt dw shark quota for the hammerhead                  the year, consistent with the FMP’s
                                           shark fisheries are managed under the                    management groups have been                           objective to ensure equitable fishing
                                           2006 Consolidated Highly Migratory                       harvested in the Atlantic region. This                opportunities throughout the region.
                                           Species (HMS) Fishery Management                         means that approximately 75 percent of                   • Variations in seasonal distribution,
                                           Plan (FMP), its amendments, and                          the aggregated LCS quota remains                      abundance, or migratory patterns of the
                                           implementing regulations (50 CFR part                    available and approximately 82 percent                relevant shark species based on
                                           635) issued under authority of the                       of the hammerhead shark quota remains                 scientific and fishery-based knowledge.
                                           Magnuson-Stevens Fishery                                 available. NMFS took action previously                   The directed shark fisheries in the
                                                                                                    this year to reduce retention rates after             Atlantic region are composed of a mix
                                           Conservation and Management Act (16
                                                                                                    considering the relevant inseason                     of species, with a high abundance of
                                           U.S.C. 1801 et seq.).
                                                                                                    adjustment criteria, particularly the                 aggregated LCS caught in conjunction
                                              Atlantic shark fisheries have separate
                                                                                                    need for all regions to have an equitable             with hammerhead sharks. Migratory
                                           regional (Gulf of Mexico and Atlantic)
                                                                                                    opportunity to utilize the quota. Given               patterns of many LCS in the Atlantic
                                           quotas for all management groups
                                                                                                    the geographic distribution of the sharks             region indicate the sharks move farther
                                           except those for blue shark, porbeagle
                                                                                                    at this time of year (i.e., they are heading          north in the summer and then return
                                           shark, pelagic sharks (other than
                                                                                                    north before moving south again later in              south in the fall. Increasing the
                                           porbeagle or blue sharks), and the shark
                                                                                                    the year), the retention limit needs to be            retention limit in the Atlantic region at
                                           research fishery for LCS and sandbar
                                                                                                    adjusted upwards to ensure that                       this time provides for fishing
                                           sharks. The boundary between the Gulf                                                                          opportunities by fishermen farther north
                                           of Mexico region and the Atlantic region                 fishermen in the Atlantic region have an
                                                                                                    opportunity to fully utilize the quotas in            (i.e. Mid-Atlantic and New England) as
                                           is defined at § 635.27(b)(1) as a line                                                                         the sharks are likely going to be in the
                                           beginning on the East Coast of Florida                   the region throughout the remainder of
                                                                                                    the year.                                             northern areas of the region for only a
                                           at the mainland at 25°20.4′ N. lat,
                                                                                                       • The catch rates of the relevant shark            short period of time before migrating
                                           proceeding due east. Any water and                                                                             south again. As a result, by increasing
                                                                                                    species/complexes in the region or sub-
                                           land to the north and east of that                                                                             the harvest and landings on a per-trip
                                                                                                    region, to date, based on dealer reports.
                                           boundary is considered, for the                             Based on the current commercial                    basis, fishermen throughout the Atlantic
                                           purposes of setting and monitoring                       retention limit and average catch rate of             region will likely experience equitable
                                           quotas, to be within the Atlantic region.                landings data from dealer reports, the                fishing opportunities.
                                           This inseason action only affects the                    amount of aggregated LCS and                             • Effects of catch rates in one part of
                                           aggregated LCS and hammerhead shark                      hammerhead shark quota available is                   a region or sub-region precluding
                                           management groups in the Atlantic                        high, while harvest in the Atlantic                   vessels in another part of that region or
                                           region.                                                  region on a daily basis is low. Using                 sub-region from having a reasonable
                                              Under § 635.24(a)(8), NMFS may                        current catch rates, projections indicate             opportunity to harvest a portion of the
                                           adjust the commercial retention limits                   that landings would not reach 80                      relevant quota.
                                           in the shark fisheries during the fishing                percent of the quota before the end of                   NMFS has previously provided notice
                                           season. Before making any adjustment,                    the 2018 fishing season (December 31,                 to the regulated community (82 FR
                                           NMFS must consider specified                             2018). A higher retention limit will                  55512; November 22, 2017, and 83 FR
                                           regulatory criteria (see § 635.24(a)(8)(i)               better promote fishing opportunities and              21744; May 10, 2018) that a goal of this
                                           through (vi)). After considering these                   utilization of available quota in the                 year’s fishery is to ensure fishing
                                           criteria as discussed below, NMFS has                    Atlantic region.                                      opportunities throughout the fishing
                                           concluded that increasing the retention                     • Estimated date of fishery closure                season and the Atlantic region. While
                                           limit of the Atlantic aggregated LCS and                 based on when the landings are                        dealer reports indicate that, under
                                           hammerhead management groups for                         projected to reach 80 percent of the                  current catch rates, the aggregated LCS
                                           directed shark limited access permit                     quota given the realized catch rates.                 and hammerhead shark management
                                           holders in the Atlantic region will allow                   Once the landings reach 80 percent of              groups in the Atlantic region would
                                           use of available aggregated LCS and                      either the aggregated LCS or                          remain open for the remainder of the
                                           hammerhead shark management group                        hammerhead shark quotas, NMFS                         year, the catch rates also indicate that
                                           quotas and will provide fishermen                        would, as required by the regulations at              the quotas would likely not be fully
                                           throughout the region equitable fishing                  § 635.28(b)(3), close the aggregated LCS              harvested under the current retention
                                           opportunities for the rest of the year.                  and hammerhead shark management                       limit. If the harvest of these species is
                                           Therefore, NMFS is increasing the                        groups since they are ‘‘linked quotas.’’              increased through an increased
                                           commercial Atlantic aggregated LCS and                   Current catch rates would likely result               retention limit, NMFS estimates that the
                                           hammerhead shark retention limit in the                  in the fisheries remaining open for the               fishery would still remain open for the
                                           Atlantic region from 3 to 36 LCS other                   remainder of the year, but with the                   remainder of the year and fishermen
                                           than sandbar shark per vessel per trip.                  quotas being underutilized in the                     throughout the Atlantic region would
                                              NMFS considered the inseason                          Atlantic region. The higher retention                 have a reasonable opportunity to harvest
                                           retention limit adjustment criteria listed               limit should help make it possible to                 a portion of the quota.
                                           at § 635.24(a)(8)(i) through (vi), which                 more fully utilize the quota in the                      On November 22, 2017 (82 FR 55512),
                                           includes:                                                Atlantic region.                                      NMFS announced in a final rule that the
                                              • The amount of remaining shark                          • Effects of the adjustment on                     aggregated LCS and hammerhead shark
                                           quota in the relevant area, region, or                   accomplishing the objectives of the 2006              fisheries management groups for the
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                                           sub-region to date, based on dealer                      Consolidated HMS FMP and its                          Atlantic region would open on January
                                           reports.                                                 amendments.                                           1 with a quota of 168.9 mt dw (372,552
                                              Based on dealer reports through June                     Increasing the retention limit on the              lb dw) and 27.1 mt dw (59,736 lb dw),
                                           18, 2018, 52.6 metric tons (mt) dressed                  aggregated LCS and hammerhead                         respectively. We had published a
                                           weight (dw) (116,048 lb dw), or 25                       management groups in the Atlantic                     proposed rule on August 22, 2017 (82
                                           percent, of the 168.9 mt dw shark quota                  region from 3 to 36 LCS other than                    FR 39735) and invited and considered


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                                           33872             Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations

                                           public comment. In the final rule,                       possesses a valid shark research permit               would result in delays in increasing the
                                           NMFS explained that if it appeared that                  under § 635.32 and a NMFS-approved                    retention limit and would adversely
                                           the quota is being harvested too quickly,                observer is onboard, in which case the                affect those shark fishermen that would
                                           thus precluding fishing opportunities                    restrictions noted on the shark research              otherwise have an opportunity to
                                           throughout the entire region (e.g., if                   permit apply.                                         harvest more than the current retention
                                           approximately 20 percent of the quota is                    All other retention limits and shark               limit of 3 LCS other than sandbar sharks
                                           caught at the beginning of the year),                    fisheries in the Atlantic region remain               per vessel per trip and could result in
                                           NMFS would consider reducing the                         unchanged. This retention limit will                  low catch rates and underutilized
                                           commercial retention limit to 3 or fewer                 remain at 36 LCS other than sandbar                   quotas. Analysis of available data shows
                                           LCS other than sandbar sharks and then                   sharks per vessel per trip for the rest of            that adjustment of the LCS commercial
                                           later consider increasing the retention                  the 2018 fishing season, or until NMFS                retention limit upward to 36 would
                                           limit, perhaps to 36 LCS other than                      announces via a notification in the                   result in minimal risks of exceeding the
                                           sandbar sharks per vessel per trip                       Federal Register another adjustment to                aggregated LCS and hammerhead shark
                                           around July 15, 2018, consistent with                    the retention limit or a fishery closure,             quotas in the Atlantic region based on
                                           the applicable regulatory requirements.                  if warranted.                                         our consideration of previous years’
                                           In May 2018, dealer reports indicated                    Classification                                        data, in which the fisheries have opened
                                           that landings had reached 19 percent of                                                                        in July. With quota available and with
                                           the quota, and NMFS therefore reduced                       The Assistant Administrator for                    no measurable impacts to the stocks
                                           the commercial Atlantic aggregated LCS                   NMFS (AA) finds that it is impracticable              expected, it would be contrary to the
                                           and hammerhead shark retention limit                     and contrary to the public interest to                public interest to require vessels to wait
                                           from 25 to 3 LCS other than sandbar                      provide prior notice of, and an                       to harvest the sharks otherwise
                                                                                                    opportunity for public comment on, this               allowable through this action.
                                           sharks per vessel per trip on May 12,
                                                                                                    action for the following reasons:
                                           2018 (83 FR 21744; May 10, 2018) after                                                                         Therefore, the AA finds good cause
                                                                                                       Prior notice is impracticable because
                                           considering the inseason retention limit                                                                       under 5 U.S.C. 553(b)(B) to waive prior
                                                                                                    the regulatory criteria for inseason
                                           adjustment criteria listed in                            retention limit adjustments are intended              notice and the opportunity for public
                                           § 635.24(a)(8). Based on dealer reports                  to allow the agency to respond quickly                comment. Adjustment of the LCS
                                           through June 18, 2018, approximately                     to existing management considerations,                commercial retention limit in the
                                           75 percent and 82 percent of the                         including remaining available shark                   Atlantic region is effective July 18, 2018,
                                           aggregated LCS and hammerhead shark                      quotas, estimated dates for the fishery               to minimize any unnecessary disruption
                                           quotas remain, respectively. At this                     closures, the regional variations in the              in fishing patterns, to allow the
                                           point in the season, fishermen in the                    shark fisheries, and equitable fishing                impacted fishermen to benefit from the
                                           Atlantic region may not have an                          opportunities. Additionally, regulations              adjustment, and to not preclude fishing
                                           opportunity to fully utilize the quotas in               implementing Amendment 6 of the 2006                  opportunities by fishermen farther north
                                           the region for the remainder of the year                 Atlantic Consolidated HMS FMP (80 FR                  as the sharks are likely going to be in the
                                           if the retention limits are not increased,               50074, August 18, 2015) intended that                 northern areas of the region for only a
                                           and available quota will be                              the LCS retention limit could be                      short period of time before migrating
                                           underutilized.                                           adjusted quickly throughout the fishing               south again. Foregoing opportunities to
                                              Accordingly, as of July 18, 2018,                     season to provide management                          harvest the respective quotas could have
                                           NMFS is increasing the retention limit                   flexibility for the shark fisheries and               negative social and economic impacts
                                           for the commercial aggregated LCS and                    provide equitable fishing opportunities               for U.S. fishermen that depend upon
                                           hammerhead shark management groups                       to fishermen throughout a region. Based               catching the available quotas. Therefore,
                                           in the Atlantic region for directed shark                on available shark quotas and informed                the AA finds there is also good cause
                                           limited access permit holders from 3                     by shark landings in previous seasons,                under 5 U.S.C. 553(d)(3) to waive the
                                           LCS other than sandbar sharks per                        responsive adjustment to the LCS                      30-day delay in effectiveness.
                                           vessel per trip to 36 LCS other than                     commercial retention limit from the                      This action is being taken under
                                           sandbar sharks per vessel per trip. This                 incidental level is warranted as quickly              § 635.24(a)(2) and is exempt from
                                           retention limit adjustment does not                      as possible to allow fishermen to take                review under Executive Order 12866.
                                           apply to directed shark limited access                   advantage of available quotas while                     Authority: 16 U.S.C. 1801 et seq.
                                           permit holders if the vessel is properly                 sharks are present in their region. For
                                           permitted to operate as a charter vessel                 such adjustment to be practicable, it                   Dated: July 12, 2018.
                                           or headboat for HMS and is engaged in                    must occur in a timeframe that allows                 Margo B. Schulze-Haugen,
                                           a for-hire trip, in which case the                       fishermen to take advantage of it.                    Acting Director, Office of Sustainable
                                           recreational retention limits for sharks                    Adjustment of the LCS fisheries                    Fisheries, National Marine Fisheries Service.
                                           and ‘‘no sale’’ provisions apply                         retention limit in the Atlantic region                [FR Doc. 2018–15283 Filed 7–13–18; 4:15 pm]
                                           (§ 635.22(a) and (c)); or if the vessel                  will begin on July 18, 2018. Prior notice             BILLING CODE 3510–22–P
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Document Created: 2018-11-06 10:25:16
Document Modified: 2018-11-06 10:25:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; inseason retention limit adjustment.
DatesThis retention limit adjustment is effective on July 18, 2018, through December 31, 2018, or until NMFS announces via a notification in the Federal Register another adjustment to the retention limit or a fishery closure, if warranted.
ContactLauren Latchford, Gu[yacute] DuBeck, or Karyl Brewster-Geisz 301-427-8503; fax 301-713-1917.
FR Citation83 FR 33870 
RIN Number0648-XG32

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