83_FR_42615 83 FR 42452 - Extension of Emergency Measures To Address Overfishing of Atlantic Shortfin Mako Shark

83 FR 42452 - Extension of Emergency Measures To Address Overfishing of Atlantic Shortfin Mako Shark

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 163 (August 22, 2018)

Page Range42452-42455
FR Document2018-18095

This rule extends the measures in an emergency interim final rule for the North Atlantic shortfin mako shark fishery published on March 2, 2018. This extension is necessary to maintain measures that address overfishing of shortfin mako sharks while long-term measures are developed and to meet requirements of a recommendation of the International Commission for the Conservation of Atlantic Tunas (ICCAT). The rule is expected to reduce fishing mortality to address overfishing, consistent with ICCAT Recommendation 17-08, by continuing to reduce landings and increase live releases in the recreational and commercial HMS fisheries, but is not expected to result in significant economic impacts.

Federal Register, Volume 83 Issue 163 (Wednesday, August 22, 2018)
[Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)]
[Rules and Regulations]
[Pages 42452-42455]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18095]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 180104009-8201-01]
RIN 0648-BH49


Extension of Emergency Measures To Address Overfishing of 
Atlantic Shortfin Mako Shark

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; emergency action extended.

-----------------------------------------------------------------------

SUMMARY: This rule extends the measures in an emergency interim final 
rule for the North Atlantic shortfin mako shark fishery published on 
March 2, 2018. This extension is necessary to maintain measures that 
address overfishing of shortfin mako sharks while long-term measures 
are developed and to meet requirements of a recommendation of the 
International Commission for the Conservation of Atlantic Tunas 
(ICCAT). The rule is expected to reduce fishing mortality to address 
overfishing, consistent with ICCAT Recommendation 17-08, by continuing 
to reduce landings and increase live releases in the recreational and 
commercial HMS fisheries, but is not expected to result in significant 
economic impacts.

DATES: The end of the effective period for the amendments to 50 CFR 
635.20, 635.21, 635.24, and 635.71, as published on March 2, 2018 (83 
FR 8946), is extended from August 29, 2018, to March 3, 2019.

ADDRESSES: Copies of the Environmental Assessment (EA) and other 
supporting documents for the emergency action are available from the 
Highly Migratory Species (HMS) Management Division website at https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species.

FOR FURTHER INFORMATION CONTACT: Tobey Curtis at (978) 281-9273 or Guy 
DuBeck or Lauren Latchford at (301) 427-8503.

SUPPLEMENTARY INFORMATION:

Background

    On March 2, 2018, NMFS implemented an interim final rule using 
emergency authority under the Magnuson-Stevens Fishery Conservation and 
Management Act, 16 U.S.C. 1855(c), to implement measures in HMS 
recreational and commercial fisheries to address overfishing consistent 
with ICCAT Recommendation 17-08 (83 FR 8946). The interim final rule 
noted that the measures may be extended for up to an additional 186 
days if needed while longer-term measures were developed through an FMP 
amendment. This temporary rule extends the emergency interim final 
measures for North Atlantic shortfin mako sharks (Isurus oxyrinchus) 
without change. The interim final rule provided detailed information on 
the background, purpose, need, and justification for implementing these 
emergency management measures, and that information is not repeated 
here.
    Section 305(c) of the Magnuson-Stevens Act allows for the extension 
of an emergency regulation or interim measure, which is otherwise 
effective for up to 180 days, for up to another 186 days, provided that 
the public has had an opportunity to comment on the emergency 
regulation. NMFS accepted public comment on the initial emergency 
measures in the interim final rule through May 7, 2018; comments and 
responses are summarized below. This extension does not alter the 
emergency measures already in place. NMFS is not accepting additional 
public comment on this extension.
    NMFS has determined that all the necessary criteria for extending 
the emergency measures have been met and, therefore, NMFS is extending 
these emergency measures through March 3, 2019. NMFS has proposed long-
term management measures for the North Atlantic shortfin mako shark 
stock through Draft Amendment 11 to the 2006 Consolidated HMS Fishery 
Management Plan (FMP), 83 FR 35590 (July 27, 2018), which are expected 
to replace these emergency measures before the expiration date.

[[Page 42453]]

Extended Emergency Management Measures

    NMFS is extending the original emergency regulations without 
change. The management measures in the emergency rule that are being 
extended are as follows:
     Commercial fishermen on vessels deploying pelagic longline 
gear, which are required to have a functional electronic monitoring 
system on board under current regulations, must release all live 
shortfin mako sharks with a minimum of harm, while giving due 
consideration to the safety of crew members. Commercial fishermen using 
pelagic longline gear can only retain a shortfin mako shark if it is 
dead at haulback;
     Commercial fishermen using gear other than pelagic 
longline commercial gear (e.g., bottom longline, gillnet, handgear, 
etc.) must release all shortfin mako sharks, whether they are dead or 
alive; and
     Recreational fishermen (fishermen with HMS Angling or 
Charter/Headboat permits, and fishermen with Atlantic Tunas General 
category and Swordfish General Commercial permits when participating in 
a registered HMS tournament) must release any shortfin mako sharks 
smaller than the minimum size of 83 inches (210 cm) fork length (FL).

Comments and Responses

    Public comments were accepted on the original interim final rule 
through May 7, 2018, and one public hearing was held in conjunction 
with the HMS Advisory Panel meeting in Silver Spring, MD, on March 7, 
2018. During the comment period, NMFS received a total of 65 individual 
written comments on the interim final rule from fishermen, states, and 
other interested parties and the members of the public. NMFS also 
received comments related to the emergency interim final rule during 
the four public scoping meetings associated with Draft Amendment 11 to 
the 2006 Consolidated HMS FMP. We also included the following comments 
on Draft Amendment 11 that were relevant to the emergency measures or 
to our decision to extend them. All written comments can be found at 
http://www.regulations.gov/.
    Comment 1: NMFS received many comments expressing general support 
for the emergency conservation and management measures, citing the 
importance of sharks, including shortfin mako sharks, to the health of 
ocean ecosystems.
    Response: NMFS agrees that sharks are important predators in ocean 
ecosystems, and notes that there are statutory obligations to conserve 
and manage shark populations, prevent overfishing, and achieve long-
term sustainability. NMFS has determined that the emergency measures 
extended in this rule will address overfishing and sustainability of 
the North Atlantic shortfin mako shark stock as required by law.
    Comment 2: NMFS received several comments suggesting that 
management measures for shortfin mako sharks should be more restrictive 
than those implemented in the emergency rule, including prohibiting all 
retention of shortfin mako sharks, or other more restrictive measures.
    Response: NMFS disagrees that more restrictive measures are 
required at this time. The emergency measures are consistent with those 
recommended in ICCAT Recommendation 17-08 (with one alteration with 
respect to the recommended minimum size limit as explained in response 
to Comment 9), based upon the analyses in the EA (see ADDRESSES). The 
selected measures are expected to reduce U.S. shortfin mako shark catch 
consistent with the ICCAT recommendation (72-79 percent), while still 
permitting fishermen to retain shortfin mako sharks under limited 
circumstances. Given the species' North Atlantic-wide range and that 
United States catches constitute only approximately 11 percent of total 
North Atlantic shortfin mako shark catch, the United States cannot 
unilaterally end overfishing and rebuild the stock through domestic 
regulations alone, even if there were to be a total prohibition on 
possession (which has not been recommended by ICCAT). Ending 
overfishing and rebuilding the stock can only be accomplished through 
international coordination with nations that harvest the majority of 
shortfin mako sharks. ICCAT intends to evaluate the effectiveness of 
these measures in the coming months, update the stock assessment with 
the most recent data, establish a rebuilding plan, and develop 
additional measures if necessary. Other types of management measures 
are not being considered as part of this emergency interim final rule, 
which addresses overfishing consistent with the ICCAT recommendation.
    Comment 3: Several commenters argued that U.S. management of 
shortfin mako sharks should not be bound to ICCAT recommendations, and 
measures could be more, or less, restrictive than those recommended by 
ICCAT.
    Response: As a party to ICCAT, the United States is obligated under 
the Atlantic Tunas Convention Act (ATCA) to carry out binding 
recommendations of the Commission. Under ATCA, the Secretary is 
required to promulgate regulations as may be necessary and appropriate 
to carry out such recommendations. A range of reasonable alternatives 
were evaluated in the EA analyzing the impacts of the measures in the 
emergency rule (see ADDRESSES), and the preferred alternatives in the 
emergency rule were determined by NMFS to be consistent with all 
statutory requirements. NMFS will continue to work constructively 
within the ICCAT process to effectively conserve shortfin mako sharks 
throughout their range and balance the needs of U.S. fisheries.
    Comment 4: Many fishermen, recreational and commercial, expressed 
frustration that their opportunities to land shortfin mako sharks were 
being restricted by ICCAT, and stated their belief that other 
countries' fisheries were to blame for the problem, not U.S. fisheries. 
Some challenged the science behind the stock assessment determinations 
and argued that the stock is not as depleted as estimated by ICCAT. 
Most commenters felt that shortfin mako sharks have been sustainably 
managed in U.S. waters, and responsible U.S. fishermen should not be 
penalized for poor management outside the United States.
    Response: NMFS acknowledges that U.S. fisheries represent a 
comparatively small amount (approximately 11 percent annually) of total 
North Atlantic shortfin mako shark harvest, with other countries' 
fleets representing the majority of catch. NMFS also has an obligation 
to prevent overfishing and rebuild overfished fish stocks under the 
Magnuson-Stevens Act. For stocks with a broad geographic range, like 
North Atlantic mako sharks, however, the United States alone cannot 
undertake measures that effectively end overfishing and rebuild the 
stocks, especially where the United States is a small proportion of the 
overall catch. In such situations, the United States must work 
cooperatively with other parties to devise and enforce effective 
measures. Here, ICCAT, with the United States' input, determined that 
rather than completely prohibit any retention of shortfin mako sharks, 
it would implement measures that reduce shortfin mako mortality by 
increasing live releases in ICCAT commercial and recreational fisheries 
but that allowed limited retention under certain circumstances. These 
circumstances recognize parties, such as the United States, that have 
measures in place that effectively limit mako shark landings and 
interactions, such as minimum size restrictions or electronic 
monitoring. Some ICCAT parties will not meet these

[[Page 42454]]

circumstances allowing retention and will effectively face a complete 
prohibition absent additional regulatory action. Furthermore, because 
the stock is overfished with overfishing occurring and previous stock 
assessments had not assessed it as such, each party to ICCAT that 
fishes on the stock must take some measure of responsibility for the 
stock's condition and contribute to ending overfishing immediately to 
avoid further stock decline and additional restrictions in the future. 
The next steps in the recommendation include provisions for considering 
longer rebuilding period timeframes given the biology of the stock and 
developing a rebuilding plan in 2018. As conservation and management 
development progresses, NMFS will continue to emphasize the responsible 
practices of U.S. fishermen and advocate for accountability and 
equitable regulatory measures with other nations through the ICCAT 
process. NMFS will also continue to ensure that management decisions 
developed through ICCAT are based on the best available scientific 
information by providing accurate data and supporting international 
stock assessments.
    Comment 5: Some commenters opposed the commercial measure that 
fishermen using pelagic longline gear may only retain shortfin mako 
sharks that are dead at haulback because the commenters felt the 
measure is unenforceable.
    Response: ICCAT Recommendation 17-08 conditioned limited allowable 
retention of mako sharks on several circumstances, one of which is the 
use of electronic monitoring to confirm the status of the shark when 
caught. NMFS determined that this measure is enforceable due to the 
presence of video electronic monitoring equipment on all pelagic 
longline vessels. Video collected from these fishing trips can be used 
to determine if landed shortfin mako sharks were dead when they were 
initially brought alongside the vessel. NMFS will review the video 
collected using the same process as for monitoring bluefin tuna catches 
implemented in Amendment 7 to the 2006 Atlantic Consolidated HMS FMP 
(79 FR 71510). As described in the HMS 2017 SAFE Report, videos from 
fishing sets will be randomly sampled in proportion to a vessel's 
fishing effort, with approximately 10 percent of sets randomly reviewed 
for compliance. Thus, this preferred commercial measure is enforceable.
    Comment 6: Some commenters stated that recreational fisheries do 
not have a big impact on shortfin mako shark mortality compared to 
commercial fisheries, and therefore should not be subject to such 
restrictive management measures. Therefore, several of these commenters 
expressed support for the No Action alternative.
    Response: According to the analyses in the EA (see ADDRESSES), the 
percentages of commercial and recreational catches of shortfin mako 
sharks in U.S. waters in recent years are evenly split. Therefore, U.S. 
recreational fisheries have a significant role to play in reducing 
fishing mortality on shortfin mako sharks, and must be included in 
management of this overfished stock. The No Action alternative would 
not adequately address overfishing or be consistent with U.S. 
obligations to ICCAT and other legal requirements.
    Comment 7: Many recreational fishermen commented that the increased 
minimum size limit, from 54 to 83 inches fork length, is excessive and 
will eliminate the shortfin mako shark recreational fishery given how 
rarely fish greater than 83 inches fork length are caught. Most of 
these commenters argued for smaller increases in the minimum size limit 
and/or alternative management measures (shorter seasons, 1-3 shark per 
year limits per vessel with a tag system or lottery, slot limits, male-
only retention, etc.).
    Response: The minimum size limit increase to 83 inches fork length 
was designed to significantly reduce shortfin mako shark recreational 
mortality consistent with the ICCAT recommendation. Based on the 
analyses in the EA (see ADDRESSES), less than 20 percent of the 
shortfin mako sharks landed in recent years were above the 83-inch fork 
length threshold. NMFS acknowledges that the reduction in landings as a 
result of this measure could be significant, and minor negative 
socioeconomic impacts are expected according to the EA. However, this 
reduction is required to address overfishing and be responsive to U.S. 
obligations to ICCAT. While some of the alternative measures suggested 
by recreational fishermen could reduce shortfin mako shark mortality 
while balancing the needs of the fishery, such measures were beyond the 
scope of this emergency rule to consider. Some of these alternative 
management approaches were considered as part of Amendment 11 and may 
be considered by ICCAT in the future.
    Comment 8: Several recreational fishermen raised concerns about the 
safety at sea associated with trying to measure the length of large, 
potentially active, shortfin mako sharks to determine if the shark is 
large enough to be retained.
    Response: Shark fishing, especially for shortfin mako sharks, is an 
inherently dangerous activity that requires experience, skill, and 
appropriate gear to be safe. Such safety concerns were one of the 
reasons NMFS chose to implement a single 83-inch minimum size limit for 
both sexes so that these large, active fish would not have to be 
excessively handled boatside to determine whether it was a male or 
female. As with other large, active HMS, it can be difficult to 
accurately measure the fish without injury to fishermen or the fish. 
Therefore, NMFS recommends that fishermen err on the side of caution 
and only retain shortfin mako sharks that are obviously longer than 83 
inches fork length when viewed alongside the vessel.
    Comment 9: Several recreational fishermen commented that NMFS 
should be implementing ICCAT Recommendation 17-08 as stated, and not be 
more restrictive than the recommendation. Specifically, commenters 
stated that NMFS should implement the Recommendation 17-08 minimum size 
limits of at least 71 inches fork length for males and at least 83 
inches fork length for females (analyzed in Alternative 2 of the EA, 
see ADDRESSES), instead of a single 83-inch fork length minimum size 
limit for both sexes.
    Response: The 2017 ICCAT stock assessment for shortfin mako 
estimated that catches need to be reduced by 72-79 percent to end 
overfishing. Based on the analysis for Alternative 2 in the EA (see 
ADDRESSES), the smaller minimum size limit for males would not 
sufficiently reduce recreational catch to those levels (estimated 
recreational landings reduction = 49 percent). Thus, NMFS implemented a 
single minimum size limit at 83 inches fork length that would apply to 
both sexes to achieve the necessary catch reductions (estimated 
recreational landings reduction = 83 percent). This single minimum size 
limit also addressed the safety concerns raised by some fishermen (see 
response to Comment 8).

Classification

    The Assistant Administrator for Fisheries has determined that the 
emergency measures extended by this temporary rule are necessary to 
address overfishing of the North Atlantic shortfin mako shark fishery 
and are consistent with the Magnuson-Stevens Act and other applicable 
law.
    Under 5 U.S.C. 553(d)(1), the Assistant Administrator for Fisheries 
finds good cause to waive the 30-day delayed effectiveness of this 
action. These emergency measures were

[[Page 42455]]

undertaken to address overfishing, and if they expire before longer 
term measures are adopted, overfishing may occur during the lapse in 
regulation, contrary to the public interest in effective management of 
the stock and compliance with domestic and international legal 
obligations. As described more fully in the interim final emergency 
rule (March 2, 2018; 83 FR 8946), the reasons justifying promulgation 
of the rule on an emergency basis make a delay in effectiveness 
contrary to the public interest. The measures implemented for the 
shortfin mako shark fishery are needed to address overfishing of the 
stock.
    This action is being taken pursuant to the emergency provision of 
the Magnuson-Stevens Act and is exempt from OMB review.
    This rule is exempt from the otherwise applicable requirement of 
the Regulatory Flexibility Act to prepare a regulatory flexibility 
analysis because the rule is issued without opportunity for prior 
public comment.

    Dated: August 17, 2018.
Donna S. Wieting,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 2018-18095 Filed 8-21-18; 8:45 am]
 BILLING CODE 3510-22-P



                                           42452            Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Rules and Regulations

                                           anticipated from necessary reductions                   in 2019 and provide for more catch for                Management Division website at https://
                                           in 2019.                                                the fishery.                                          www.fisheries.noaa.gov/topic/atlantic-
                                              A delay in implementing the new                        This interim final rule is exempt from              highly-migratory-species.
                                           catch limits will increase the likelihood               the procedures of the Regulatory
                                                                                                                                                         FOR FURTHER INFORMATION CONTACT:
                                           that 2018 catch will exceed these new                   Flexibility Act because the rule is issued
                                                                                                   without opportunity for prior notice and              Tobey Curtis at (978) 281–9273 or Guy
                                           limits. The 2018 catch reductions in this
                                           action are based on the new benchmark                   opportunity for public comment.                       DuBeck or Lauren Latchford at (301)
                                           assessment, which was just recently                                                                           427–8503.
                                                                                                     Authority: 16 U.S.C. 1801 et seq.
                                           completed in June 2018. Based on this                                                                         SUPPLEMENTARY INFORMATION:
                                                                                                     Dated: August 17, 2018.
                                           new scientific information, the
                                           reductions in this action would result in               Chris Oliver,                                         Background
                                           a 50-percent probability of preventing                  Assistant Administrator for Fisheries,
                                                                                                   National Marine Fisheries Service.                       On March 2, 2018, NMFS
                                           overfishing in 2018. Exceeding the new
                                                                                                   [FR Doc. 2018–18128 Filed 8–21–18; 8:45 am]           implemented an interim final rule using
                                           harvest limits would result in a lower
                                                                                                                                                         emergency authority under the
                                           biomass and negative economic impacts                   BILLING CODE 3510–22–P
                                                                                                                                                         Magnuson-Stevens Fishery
                                           to the herring industry due to a lower
                                                                                                                                                         Conservation and Management Act, 16
                                           allowable catch in 2019 and beyond.
                                                                                                   DEPARTMENT OF COMMERCE                                U.S.C. 1855(c), to implement measures
                                           Because herring is a critical bait source
                                           for the lobster fishery, these negative                                                                       in HMS recreational and commercial
                                                                                                   National Oceanic and Atmospheric                      fisheries to address overfishing
                                           economic impacts are also expected to
                                                                                                   Administration                                        consistent with ICCAT
                                           extend to the lobster fishery due to a
                                           reduction in bait supply.                                                                                     Recommendation 17–08 (83 FR 8946).
                                                                                                   50 CFR Part 648                                       The interim final rule noted that the
                                              Additionally, we are required to
                                           implement a 2,000-lb possession limit                   [Docket No. 180104009–8201–01]                        measures may be extended for up to an
                                           for each management area through the                                                                          additional 186 days if needed while
                                                                                                   RIN 0648–BH49                                         longer-term measures were developed
                                           end of the current fishing year once 92
                                           percent of the area sub-ACL is projected                                                                      through an FMP amendment. This
                                                                                                   Extension of Emergency Measures To
                                           to be caught. We are also required to                                                                         temporary rule extends the emergency
                                                                                                   Address Overfishing of Atlantic
                                           implement the 2,000-lb possession limit                 Shortfin Mako Shark                                   interim final measures for North
                                           for the whole fishery (all areas) when                                                                        Atlantic shortfin mako sharks (Isurus
                                           95-percent of the total herring ACL is                  AGENCY:  National Marine Fisheries                    oxyrinchus) without change. The
                                           harvested. If a delay in implementing                   Service (NMFS), National Oceanic and                  interim final rule provided detailed
                                           this action results in catch approaching,               Atmospheric Administration (NOAA),                    information on the background,
                                           or exceeding, the new 2018 catch limits,                Commerce.                                             purpose, need, and justification for
                                           the closure of the directed fishery is                  ACTION: Temporary rule; emergency                     implementing these emergency
                                           more likely. An inseason closure of the                 action extended.                                      management measures, and that
                                           directed fishery would be counter to the                                                                      information is not repeated here.
                                           goals and objectives of this action,                    SUMMARY:   This rule extends the
                                                                                                                                                            Section 305(c) of the Magnuson-
                                           which is intended to reduce 2018 catch,                 measures in an emergency interim final
                                                                                                                                                         Stevens Act allows for the extension of
                                           but also continue to provide fishing                    rule for the North Atlantic shortfin
                                                                                                   mako shark fishery published on March                 an emergency regulation or interim
                                           opportunities for the remainder of the                                                                        measure, which is otherwise effective
                                           2018 fishing year.                                      2, 2018. This extension is necessary to
                                                                                                   maintain measures that address                        for up to 180 days, for up to another 186
                                              Input from the public at the June 2018                                                                     days, provided that the public has had
                                           Council meeting was nearly all                          overfishing of shortfin mako sharks
                                                                                                   while long-term measures are developed                an opportunity to comment on the
                                           supportive of reducing 2018 catch                                                                             emergency regulation. NMFS accepted
                                           limits, and the fishing industry and the                and to meet requirements of a
                                                                                                   recommendation of the International                   public comment on the initial
                                           public generally are expecting new                                                                            emergency measures in the interim final
                                           limits to be set as soon as practicable.                Commission for the Conservation of
                                                                                                   Atlantic Tunas (ICCAT). The rule is                   rule through May 7, 2018; comments
                                           The lack of catch to date in 2018 has                                                                         and responses are summarized below.
                                           tempered the industry’s expectations,                   expected to reduce fishing mortality to
                                                                                                   address overfishing, consistent with                  This extension does not alter the
                                           and they no longer anticipate reaching                                                                        emergency measures already in place.
                                           even the reduced ACL. Herring industry                  ICCAT Recommendation 17–08, by
                                                                                                   continuing to reduce landings and                     NMFS is not accepting additional public
                                           members were concerned about the                                                                              comment on this extension.
                                           economic impact to the fishery in 2019                  increase live releases in the recreational
                                           if we do not ensure reduced catch this                  and commercial HMS fisheries, but is                     NMFS has determined that all the
                                           year. Representatives from fishing                      not expected to result in significant                 necessary criteria for extending the
                                           advocacy and environmental groups                       economic impacts.                                     emergency measures have been met and,
                                           also supported reducing 2018 catch                      DATES: The end of the effective period                therefore, NMFS is extending these
                                           limits, suggesting it could improve the                 for the amendments to 50 CFR 635.20,                  emergency measures through March 3,
                                           projected stock estimates and expedite                  635.21, 635.24, and 635.71, as published              2019. NMFS has proposed long-term
                                           growth of the stock to previous high                    on March 2, 2018 (83 FR 8946), is                     management measures for the North
                                           levels. The Council recommended we                      extended from August 29, 2018, to                     Atlantic shortfin mako shark stock
amozie on DSK3GDR082PROD with RULES




                                           implement this action with the goal of                  March 3, 2019.                                        through Draft Amendment 11 to the
                                           conserving herring biomass and                          ADDRESSES: Copies of the                              2006 Consolidated HMS Fishery
                                           allowing for higher fishery catch limits                Environmental Assessment (EA) and                     Management Plan (FMP), 83 FR 35590
                                           in the 2019–2021 specifications. We                     other supporting documents for the                    (July 27, 2018), which are expected to
                                           expect the 2018 sub-ACL reductions to                   emergency action are available from the               replace these emergency measures
                                           increase the estimated herring biomass                  Highly Migratory Species (HMS)                        before the expiration date.


                                      VerDate Sep<11>2014   16:01 Aug 21, 2018   Jkt 244001   PO 00000   Frm 00016   Fmt 4700   Sfmt 4700   E:\FR\FM\22AUR1.SGM   22AUR1


                                                            Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Rules and Regulations                                      42453

                                           Extended Emergency Management                           ecosystems, and notes that there are                  of the Commission. Under ATCA, the
                                           Measures                                                statutory obligations to conserve and                 Secretary is required to promulgate
                                              NMFS is extending the original                       manage shark populations, prevent                     regulations as may be necessary and
                                           emergency regulations without change.                   overfishing, and achieve long-term                    appropriate to carry out such
                                           The management measures in the                          sustainability. NMFS has determined                   recommendations. A range of reasonable
                                           emergency rule that are being extended                  that the emergency measures extended                  alternatives were evaluated in the EA
                                           are as follows:                                         in this rule will address overfishing and             analyzing the impacts of the measures
                                              • Commercial fishermen on vessels                    sustainability of the North Atlantic                  in the emergency rule (see ADDRESSES),
                                           deploying pelagic longline gear, which                  shortfin mako shark stock as required by              and the preferred alternatives in the
                                                                                                   law.                                                  emergency rule were determined by
                                           are required to have a functional
                                                                                                      Comment 2: NMFS received several                   NMFS to be consistent with all statutory
                                           electronic monitoring system on board
                                                                                                   comments suggesting that management                   requirements. NMFS will continue to
                                           under current regulations, must release                 measures for shortfin mako sharks                     work constructively within the ICCAT
                                           all live shortfin mako sharks with a                    should be more restrictive than those                 process to effectively conserve shortfin
                                           minimum of harm, while giving due                       implemented in the emergency rule,                    mako sharks throughout their range and
                                           consideration to the safety of crew                     including prohibiting all retention of                balance the needs of U.S. fisheries.
                                           members. Commercial fishermen using                     shortfin mako sharks, or other more                      Comment 4: Many fishermen,
                                           pelagic longline gear can only retain a                 restrictive measures.                                 recreational and commercial, expressed
                                           shortfin mako shark if it is dead at                       Response: NMFS disagrees that more                 frustration that their opportunities to
                                           haulback;                                               restrictive measures are required at this             land shortfin mako sharks were being
                                              • Commercial fishermen using gear                    time. The emergency measures are                      restricted by ICCAT, and stated their
                                           other than pelagic longline commercial                  consistent with those recommended in                  belief that other countries’ fisheries
                                           gear (e.g., bottom longline, gillnet,                   ICCAT Recommendation 17–08 (with                      were to blame for the problem, not U.S.
                                           handgear, etc.) must release all shortfin               one alteration with respect to the                    fisheries. Some challenged the science
                                           mako sharks, whether they are dead or                   recommended minimum size limit as                     behind the stock assessment
                                           alive; and                                              explained in response to Comment 9),                  determinations and argued that the
                                              • Recreational fishermen (fishermen                  based upon the analyses in the EA (see                stock is not as depleted as estimated by
                                           with HMS Angling or Charter/Headboat                    ADDRESSES). The selected measures are                 ICCAT. Most commenters felt that
                                           permits, and fishermen with Atlantic                    expected to reduce U.S. shortfin mako                 shortfin mako sharks have been
                                           Tunas General category and Swordfish                    shark catch consistent with the ICCAT                 sustainably managed in U.S. waters, and
                                           General Commercial permits when                         recommendation (72–79 percent), while                 responsible U.S. fishermen should not
                                           participating in a registered HMS                       still permitting fishermen to retain                  be penalized for poor management
                                           tournament) must release any shortfin                   shortfin mako sharks under limited                    outside the United States.
                                           mako sharks smaller than the minimum                    circumstances. Given the species’ North                  Response: NMFS acknowledges that
                                           size of 83 inches (210 cm) fork length                  Atlantic-wide range and that United                   U.S. fisheries represent a comparatively
                                           (FL).                                                   States catches constitute only                        small amount (approximately 11 percent
                                           Comments and Responses                                  approximately 11 percent of total North               annually) of total North Atlantic
                                                                                                   Atlantic shortfin mako shark catch, the               shortfin mako shark harvest, with other
                                             Public comments were accepted on                      United States cannot unilaterally end                 countries’ fleets representing the
                                           the original interim final rule through                 overfishing and rebuild the stock                     majority of catch. NMFS also has an
                                           May 7, 2018, and one public hearing                     through domestic regulations alone,                   obligation to prevent overfishing and
                                           was held in conjunction with the HMS                    even if there were to be a total                      rebuild overfished fish stocks under the
                                           Advisory Panel meeting in Silver                        prohibition on possession (which has                  Magnuson-Stevens Act. For stocks with
                                           Spring, MD, on March 7, 2018. During                    not been recommended by ICCAT).                       a broad geographic range, like North
                                           the comment period, NMFS received a                     Ending overfishing and rebuilding the                 Atlantic mako sharks, however, the
                                           total of 65 individual written comments                 stock can only be accomplished through                United States alone cannot undertake
                                           on the interim final rule from fishermen,               international coordination with nations               measures that effectively end
                                           states, and other interested parties and                that harvest the majority of shortfin                 overfishing and rebuild the stocks,
                                           the members of the public. NMFS also                    mako sharks. ICCAT intends to evaluate                especially where the United States is a
                                           received comments related to the                        the effectiveness of these measures in                small proportion of the overall catch. In
                                           emergency interim final rule during the                 the coming months, update the stock                   such situations, the United States must
                                           four public scoping meetings associated                 assessment with the most recent data,                 work cooperatively with other parties to
                                           with Draft Amendment 11 to the 2006                     establish a rebuilding plan, and develop              devise and enforce effective measures.
                                           Consolidated HMS FMP. We also                           additional measures if necessary. Other               Here, ICCAT, with the United States’
                                           included the following comments on                      types of management measures are not                  input, determined that rather than
                                           Draft Amendment 11 that were relevant                   being considered as part of this                      completely prohibit any retention of
                                           to the emergency measures or to our                     emergency interim final rule, which                   shortfin mako sharks, it would
                                           decision to extend them. All written                    addresses overfishing consistent with                 implement measures that reduce
                                           comments can be found at http://                        the ICCAT recommendation.                             shortfin mako mortality by increasing
                                           www.regulations.gov/.                                      Comment 3: Several commenters                      live releases in ICCAT commercial and
                                             Comment 1: NMFS received many                         argued that U.S. management of shortfin               recreational fisheries but that allowed
                                           comments expressing general support                     mako sharks should not be bound to                    limited retention under certain
                                           for the emergency conservation and                      ICCAT recommendations, and measures                   circumstances. These circumstances
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                                           management measures, citing the                         could be more, or less, restrictive than              recognize parties, such as the United
                                           importance of sharks, including shortfin                those recommended by ICCAT.                           States, that have measures in place that
                                           mako sharks, to the health of ocean                        Response: As a party to ICCAT, the                 effectively limit mako shark landings
                                           ecosystems.                                             United States is obligated under the                  and interactions, such as minimum size
                                             Response: NMFS agrees that sharks                     Atlantic Tunas Convention Act (ATCA)                  restrictions or electronic monitoring.
                                           are important predators in ocean                        to carry out binding recommendations                  Some ICCAT parties will not meet these


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                                           42454            Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Rules and Regulations

                                           circumstances allowing retention and                    fisheries, and therefore should not be                   Response: Shark fishing, especially
                                           will effectively face a complete                        subject to such restrictive management                for shortfin mako sharks, is an
                                           prohibition absent additional regulatory                measures. Therefore, several of these                 inherently dangerous activity that
                                           action. Furthermore, because the stock                  commenters expressed support for the                  requires experience, skill, and
                                           is overfished with overfishing occurring                No Action alternative.                                appropriate gear to be safe. Such safety
                                           and previous stock assessments had not                     Response: According to the analyses                concerns were one of the reasons NMFS
                                           assessed it as such, each party to ICCAT                in the EA (see ADDRESSES), the                        chose to implement a single 83-inch
                                           that fishes on the stock must take some                 percentages of commercial and                         minimum size limit for both sexes so
                                           measure of responsibility for the stock’s               recreational catches of shortfin mako                 that these large, active fish would not
                                           condition and contribute to ending                      sharks in U.S. waters in recent years are             have to be excessively handled boatside
                                           overfishing immediately to avoid further                evenly split. Therefore, U.S. recreational            to determine whether it was a male or
                                           stock decline and additional restrictions               fisheries have a significant role to play             female. As with other large, active HMS,
                                           in the future. The next steps in the                    in reducing fishing mortality on shortfin             it can be difficult to accurately measure
                                           recommendation include provisions for                   mako sharks, and must be included in                  the fish without injury to fishermen or
                                           considering longer rebuilding period                    management of this overfished stock.                  the fish. Therefore, NMFS recommends
                                           timeframes given the biology of the                     The No Action alternative would not                   that fishermen err on the side of caution
                                           stock and developing a rebuilding plan                  adequately address overfishing or be                  and only retain shortfin mako sharks
                                           in 2018. As conservation and                            consistent with U.S. obligations to                   that are obviously longer than 83 inches
                                           management development progresses,                      ICCAT and other legal requirements.                   fork length when viewed alongside the
                                           NMFS will continue to emphasize the                        Comment 7: Many recreational                       vessel.
                                           responsible practices of U.S. fishermen                 fishermen commented that the                             Comment 9: Several recreational
                                           and advocate for accountability and                     increased minimum size limit, from 54                 fishermen commented that NMFS
                                           equitable regulatory measures with                      to 83 inches fork length, is excessive                should be implementing ICCAT
                                           other nations through the ICCAT                         and will eliminate the shortfin mako                  Recommendation 17–08 as stated, and
                                           process. NMFS will also continue to                     shark recreational fishery given how                  not be more restrictive than the
                                           ensure that management decisions                        rarely fish greater than 83 inches fork               recommendation. Specifically,
                                           developed through ICCAT are based on                    length are caught. Most of these                      commenters stated that NMFS should
                                           the best available scientific information               commenters argued for smaller                         implement the Recommendation 17–08
                                           by providing accurate data and                          increases in the minimum size limit                   minimum size limits of at least 71
                                           supporting international stock                          and/or alternative management                         inches fork length for males and at least
                                           assessments.                                            measures (shorter seasons, 1–3 shark per              83 inches fork length for females
                                              Comment 5: Some commenters                           year limits per vessel with a tag system              (analyzed in Alternative 2 of the EA, see
                                           opposed the commercial measure that                     or lottery, slot limits, male-only                    ADDRESSES), instead of a single 83-inch
                                           fishermen using pelagic longline gear                   retention, etc.).                                     fork length minimum size limit for both
                                           may only retain shortfin mako sharks                       Response: The minimum size limit                   sexes.
                                           that are dead at haulback because the                   increase to 83 inches fork length was                    Response: The 2017 ICCAT stock
                                           commenters felt the measure is                          designed to significantly reduce shortfin             assessment for shortfin mako estimated
                                           unenforceable.                                          mako shark recreational mortality                     that catches need to be reduced by 72–
                                              Response: ICCAT Recommendation                       consistent with the ICCAT                             79 percent to end overfishing. Based on
                                           17–08 conditioned limited allowable                     recommendation. Based on the analyses                 the analysis for Alternative 2 in the EA
                                           retention of mako sharks on several                     in the EA (see ADDRESSES), less than 20               (see ADDRESSES), the smaller minimum
                                           circumstances, one of which is the use                  percent of the shortfin mako sharks                   size limit for males would not
                                           of electronic monitoring to confirm the                 landed in recent years were above the                 sufficiently reduce recreational catch to
                                           status of the shark when caught. NMFS                   83-inch fork length threshold. NMFS                   those levels (estimated recreational
                                           determined that this measure is                         acknowledges that the reduction in                    landings reduction = 49 percent). Thus,
                                           enforceable due to the presence of video                landings as a result of this measure                  NMFS implemented a single minimum
                                           electronic monitoring equipment on all                  could be significant, and minor negative              size limit at 83 inches fork length that
                                           pelagic longline vessels. Video collected               socioeconomic impacts are expected                    would apply to both sexes to achieve
                                           from these fishing trips can be used to                 according to the EA. However, this                    the necessary catch reductions
                                           determine if landed shortfin mako                       reduction is required to address                      (estimated recreational landings
                                           sharks were dead when they were                         overfishing and be responsive to U.S.                 reduction = 83 percent). This single
                                           initially brought alongside the vessel.                 obligations to ICCAT. While some of the               minimum size limit also addressed the
                                           NMFS will review the video collected                    alternative measures suggested by                     safety concerns raised by some
                                           using the same process as for                           recreational fishermen could reduce                   fishermen (see response to Comment 8).
                                           monitoring bluefin tuna catches                         shortfin mako shark mortality while
                                           implemented in Amendment 7 to the                       balancing the needs of the fishery, such              Classification
                                           2006 Atlantic Consolidated HMS FMP                      measures were beyond the scope of this                   The Assistant Administrator for
                                           (79 FR 71510). As described in the HMS                  emergency rule to consider. Some of                   Fisheries has determined that the
                                           2017 SAFE Report, videos from fishing                   these alternative management                          emergency measures extended by this
                                           sets will be randomly sampled in                        approaches were considered as part of                 temporary rule are necessary to address
                                           proportion to a vessel’s fishing effort,                Amendment 11 and may be considered                    overfishing of the North Atlantic
                                           with approximately 10 percent of sets                   by ICCAT in the future.                               shortfin mako shark fishery and are
                                           randomly reviewed for compliance.                          Comment 8: Several recreational                    consistent with the Magnuson-Stevens
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                                           Thus, this preferred commercial                         fishermen raised concerns about the                   Act and other applicable law.
                                           measure is enforceable.                                 safety at sea associated with trying to                  Under 5 U.S.C. 553(d)(1), the
                                              Comment 6: Some commenters stated                    measure the length of large, potentially              Assistant Administrator for Fisheries
                                           that recreational fisheries do not have a               active, shortfin mako sharks to                       finds good cause to waive the 30-day
                                           big impact on shortfin mako shark                       determine if the shark is large enough to             delayed effectiveness of this action.
                                           mortality compared to commercial                        be retained.                                          These emergency measures were


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                                                            Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Rules and Regulations                                            42455

                                           undertaken to address overfishing, and                  Atmospheric Administration (NOAA),                      While this closure is effective the
                                           if they expire before longer term                       Commerce.                                             maximum retainable amounts at
                                           measures are adopted, overfishing may                   ACTION: Temporary rule; closure.                      § 679.20(e) and (f) apply at any time
                                           occur during the lapse in regulation,                                                                         during a trip.
                                           contrary to the public interest in                      SUMMARY:   NMFS is prohibiting directed
                                           effective management of the stock and                   fishing for Atka mackerel in the Central              Classification
                                           compliance with domestic and                            Aleutian district (CAI) of the Bering Sea                This action responds to the best
                                           international legal obligations. As                     and Aleutian Islands management area
                                                                                                                                                         available information recently obtained
                                           described more fully in the interim final               (BSAI) by vessels participating in the
                                           emergency rule (March 2, 2018; 83 FR                                                                          from the fishery. The Assistant
                                                                                                   BSAI trawl limited access fishery. This
                                           8946), the reasons justifying                                                                                 Administrator for Fisheries, NOAA,
                                                                                                   action is necessary to prevent exceeding
                                           promulgation of the rule on an                          the 2018 total allowable catch (TAC) of               (AA) finds good cause to waive the
                                           emergency basis make a delay in                         Atka mackerel in this area allocated to               requirement to provide prior notice and
                                           effectiveness contrary to the public                    vessels participating in the BSAI trawl               opportunity for public comment
                                           interest. The measures implemented for                  limited access fishery.                               pursuant to the authority set forth at 5
                                           the shortfin mako shark fishery are                                                                           U.S.C. 553(b)(B) as such a requirement
                                                                                                   DATES: Effective 1200 hours, Alaska
                                           needed to address overfishing of the                    local time (A.l.t.), August 17, 2018,                 is impracticable and contrary to the
                                           stock.                                                  through 2400 hours, A.l.t., December 31,              public interest. This requirement is
                                              This action is being taken pursuant to                                                                     impracticable and contrary to the public
                                                                                                   2018.
                                           the emergency provision of the                                                                                interest as it would prevent NMFS from
                                           Magnuson-Stevens Act and is exempt                      FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                         responding to the most recent fisheries
                                           from OMB review.                                        Steve Whitney, 907–586–7228.
                                                                                                                                                         data in a timely fashion and would
                                              This rule is exempt from the                         SUPPLEMENTARY INFORMATION: NMFS                       delay the closure of the Atka mackerel
                                           otherwise applicable requirement of the                 manages the groundfish fishery in the                 directed fishery in the CAI for vessels
                                           Regulatory Flexibility Act to prepare a                 BSAI exclusive economic zone                          participating in the BSAI trawl limited
                                           regulatory flexibility analysis because                 according to the Fishery Management
                                                                                                                                                         access fishery. NMFS was unable to
                                           the rule is issued without opportunity                  Plan for Groundfish of the Bering Sea
                                           for prior public comment.                                                                                     publish a notice providing time for
                                                                                                   and Aleutian Islands Management Area
                                                                                                                                                         public comment because the most
                                             Dated: August 17, 2018.                               (FMP) prepared by the North Pacific
                                                                                                   Fishery Management Council under                      recent, relevant data only became
                                           Donna S. Wieting,                                                                                             available as of August 16, 2018. The AA
                                           Acting Deputy Assistant Administrator for               authority of the Magnuson-Stevens
                                                                                                   Fishery Conservation and Management                   also finds good cause to waive the 30-
                                           Regulatory Programs, National Marine
                                           Fisheries Service.                                      Act. Regulations governing fishing by                 day delay in the effective date of this
                                                                                                   U.S. vessels in accordance with the FMP               action under 5 U.S.C. 553(d)(3). This
                                           [FR Doc. 2018–18095 Filed 8–21–18; 8:45 am]
                                                                                                   appear at subpart H of 50 CFR part 600                finding is based upon the reasons
                                           BILLING CODE 3510–22–P
                                                                                                   and 50 CFR part 679.                                  provided above for waiver of prior
                                                                                                      The 2018 TAC of Atka mackerel, in                  notice and opportunity for public
                                           DEPARTMENT OF COMMERCE                                  the CAI, allocated to vessels                         comment.
                                                                                                   participating in the BSAI trawl limited                  This action is required by § 679.20
                                           National Oceanic and Atmospheric                        access fishery was established as a                   and is exempt from review under
                                           Administration                                          directed fishing allowance of 1,868                   Executive Order 12866.
                                                                                                   metric tons by the final 2018 and 2019
                                           50 CFR Part 679                                         harvest specifications for groundfish in                Authority: 16 U.S.C. 1801 et seq.

                                           [Docket No. 170817779–8161–02]                          the BSAI (83 FR 8365, February 27,                      Dated: August 17, 2018.
                                                                                                   2018).                                                Alan D. Risenhoover,
                                           RIN 0648–XG426                                             In accordance with § 679.20(d)(1)(iii),            Director, Office of Sustainable Fisheries,
                                                                                                   the Regional Administrator finds that                 National Marine Fisheries Service.
                                           Fisheries of the Exclusive Economic
                                                                                                   this directed fishing allowance has been
                                           Zone Off Alaska; Atka Mackerel in the                                                                         [FR Doc. 2018–18129 Filed 8–17–18; 4:15 pm]
                                                                                                   reached. Consequently, NMFS is
                                           Bering Sea and Aleutian Islands                                                                               BILLING CODE 3510–22–P
                                                                                                   prohibiting directed fishing for Atka
                                           Management Area
                                                                                                   mackerel in the CAI by vessels
                                           AGENCY:  National Marine Fisheries                      participating in the BSAI trawl limited
                                           Service (NMFS), National Oceanic and                    access fishery.
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Document Created: 2018-08-22 00:39:31
Document Modified: 2018-08-22 00:39:31
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; emergency action extended.
DatesThe end of the effective period for the amendments to 50 CFR 635.20, 635.21, 635.24, and 635.71, as published on March 2, 2018 (83 FR 8946), is extended from August 29, 2018, to March 3, 2019.
ContactTobey Curtis at (978) 281-9273 or Guy DuBeck or Lauren Latchford at (301) 427-8503.
FR Citation83 FR 42452 
RIN Number0648-BH49

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