83_FR_55854 83 FR 55638 - Atlantic Highly Migratory Species; Commercial Aggregated Large Coastal Shark and Hammerhead Shark Management Group Retention Limit Adjustment

83 FR 55638 - 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 216 (November 7, 2018)

Page Range55638-55640
FR Document2018-24274

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 36 LCS other than sandbar sharks per vessel per trip to 45 LCS other than sandbar sharks per vessel per trip. This action is based on consideration of the regulatory determination criteria regarding inseason adjustments. The retention limit will remain at 45 LCS other than sandbar sharks per vessel per trip in the Atlantic region through the rest of the 2018 fishing season or until NMFS announces via a notice in the Federal Register another adjustment to the retention limit or a fishery closure. This retention limit adjustment affects anyone with a directed shark limited access permit fishing for LCS in the Atlantic region.

Federal Register, Volume 83 Issue 216 (Wednesday, November 7, 2018)
[Federal Register Volume 83, Number 216 (Wednesday, November 7, 2018)]
[Rules and Regulations]
[Pages 55638-55640]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24274]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150413357-5999-02]
RIN 0648-XG582


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 36 LCS other than sandbar sharks per vessel per trip to 45 LCS 
other than sandbar sharks per vessel per trip. This action is based on 
consideration of the regulatory determination criteria regarding 
inseason adjustments. The retention limit will remain at 45 LCS other 
than sandbar sharks per vessel per trip in the Atlantic region through 
the rest of the 2018 fishing season or until NMFS announces via a 
notice in the Federal Register another adjustment to the retention 
limit or a fishery closure. This retention limit adjustment affects 
anyone with a directed shark limited access permit fishing for LCS in 
the Atlantic region.

DATES: This retention limit adjustment is effective on November 6, 2018 
through December 31, 2018, or until NMFS announces via a notice in the 
Federal Register another adjustment to the retention limit or a fishery 
closure, if warranted.

FOR FURTHER INFORMATION CONTACT: Lauren Latchford, Chant[eacute] Davis, 
or Karyl Brewster-Geisz 301-427-8503; fax 301-713-1917.

SUPPLEMENTARY INFORMATION: Atlantic shark fisheries are managed under 
the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management 
Plan (FMP), its amendments, and implementing regulations (50 CFR part 
635) issued under authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.).
    Atlantic shark fisheries have separate regional (Gulf of Mexico and 
Atlantic) quotas for all management groups except 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 36 to 
45 LCS other than sandbar shark per vessel per trip.
    NMFS considered the inseason retention limit adjustment criteria 
listed at Sec.  635.24(a)(8)(i) 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 October 15, 2018, 65.2 metric tons 
(mt)

[[Page 55639]]

dressed weight (dw) (143,809 lb dw), or 39 percent, of the 168.9 mt dw 
shark quota for aggregated LCS and 8.3 mt dw (18,328 lb dw), or 31 
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 61 percent of the aggregated LCS quota remains available 
and approximately 69 percent of the hammerhead shark quota remains 
available. NMFS took action in May of 2018 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 (83 FR 21744; May 10, 2018).
     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 Atlantic 
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 authorized under this 
action will promote increased 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 available overall, 
regional, and/or sub-regional quota, if the fishery's landings are not 
projected to reach 100 percent of the applicable quota before the end 
of the season.
    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.'' However, current 
catch rates would likely result in the fisheries remaining open for the 
remainder of the year. The higher retention limit should increase the 
likelihood of full utilization of 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 36 to 45 LCS other than 
sandbar sharks per vessel per trip would continue to allow for fishing 
opportunities throughout the rest of the year while not compromising 
the rebuilding objectives established in the 2006 Consolidated HMS FMP.
     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 that sharks move farther north in the 
summer and then return south in the fall. Taking these migration 
patterns into account, NMFS increased the retention limit on July 18, 
2018 from 3 to 36 LCS other than sandbar sharks per vessel per trip (83 
FR 33870) to provide additional fishing opportunities for fishermen in 
the Mid-Atlantic and New England areas. However, based on dealer 
reports through October 15, 2018, harvest in the Atlantic region on a 
daily basis has been low. Therefore, NMFS is increasing the retention 
limit from 36 to 45 LCS other than sandbar sharks per vessel per trip 
in order to fully utilize the quota in the entire Atlantic region.
     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' goal for the 2018 commercial shark fishery is to ensure 
fishing opportunities throughout the fishing season and the Atlantic 
region (82 FR 55512; November 22, 2017, 83 FR 21744; May 10, 2018, and 
83 FR 33870; July 18, 2018). 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 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, and a commercial retention limit of 25 LCS other than 
sandbar sharks per trip for directed shark limited access permit 
holders in those fisheries. NMFS published a proposed rule on August 
22, 2017 (82 FR 39735) and invited and considered 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 unharvested, 
respectively. On July 18, 2018, NMFS increased the retention limit from 
3 LCS other than sandbar sharks to 36 LCS other than sandbar sharks (83 
FR 33870). Based on dealer reports through October 15, 2018, 
approximately 61 percent and 69 percent of the aggregated LCS and 
hammerhead shark quotas remain unharvested, respectively. Commercial 
shark landings in the Atlantic region at this point in the season are 
uncharacteristically low. Fishermen in the Atlantic region may not have 
an opportunity to fully utilize the quotas for the remainder of the 
year if the retention limits are not increased, and available quota 
will be underutilized.
    Accordingly, as of November 6, 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 36 LCS other than sandbar sharks per vessel 
per trip to 45 LCS other than sandbar sharks per vessel per trip. This 
retention limit adjustment does not apply to directed shark limited 
access permit holders if the vessel is properly permitted to operate as 
a charter vessel or headboat for HMS and is engaged in a for-hire trip, 
in which case the recreational retention limits for sharks

[[Page 55640]]

and ``no sale'' provisions apply (Sec.  635.22(a) and (c)); or if the 
vessel possesses a valid shark research permit under Sec.  635.32 and a 
NMFS-approved observer is onboard, in which case the restrictions noted 
on the shark research permit apply.
    All other retention limits and shark fisheries in the Atlantic 
region remain unchanged. This retention limit will remain at 45 LCS 
other than sandbar sharks per vessel per trip for the rest of the 2018 
fishing season, or until NMFS announces via a notice 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 November 6, 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 36 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 45 would 
result in minimal risks of exceeding the aggregated LCS and hammerhead 
shark quotas in the Atlantic region based on our consideration of 
previous years' data, in which the fisheries have opened in July. With 
quota available and with no measurable impacts to the 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 
November 6, 2018, to minimize any unnecessary disruption in fishing 
patterns and to allow fishermen to benefit from the adjustment. 
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: November 1, 2018.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-24274 Filed 11-6-18; 8:45 am]
 BILLING CODE 3510-22-P



                                           55638            Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Rules and Regulations

                                           Fraser River Panel Order Number 2018–                    would not allow fishers appropriately                 FOR FURTHER INFORMATION CONTACT:
                                           10: Issued 1:05 p.m., August 21, 2018                    controlled access to the available fish at            Lauren Latchford, Chanté Davis, or
                                                                                                    that time they are available.                         Karyl Brewster-Geisz 301–427–8503; fax
                                           Treaty Indian Fisheries
                                                                                                      This action is authorized by 50 CFR                 301–713–1917.
                                              Areas 4B, 5, and 6C: Extend for drift                 300.97, and is exempt from review                     SUPPLEMENTARY INFORMATION: Atlantic
                                           gillnets from 12 p.m. (noon),                            under Executive Order 12866.                          shark fisheries are managed under the
                                           Wednesday, August 22, 2018, to 1 p.m.,                                                                         2006 Consolidated Highly Migratory
                                                                                                      Authority: 16 U.S.C. 3636(b).
                                           Friday, August 24, 2018.                                                                                       Species (HMS) Fishery Management
                                              Areas 6, 7, and 7A: Open to net                         Dated: November 2, 2018.
                                                                                                                                                          Plan (FMP), its amendments, and
                                           fishing from 5 a.m. to 1 p.m., Friday,                   Karen H. Abrams,
                                                                                                                                                          implementing regulations (50 CFR part
                                           August 24, 2018.                                         Acting Director, Office of Sustainable                635) issued under authority of the
                                                                                                    Fisheries, National Marine Fisheries Service.
                                           Fraser River Panel Order Number 2018–                                                                          Magnuson-Stevens Fishery
                                                                                                    [FR Doc. 2018–24371 Filed 11–6–18; 8:45 am]
                                           11: Issued 3:10 p.m., August 23, 2018                                                                          Conservation and Management Act (16
                                                                                                    BILLING CODE 3510–22–P                                U.S.C. 1801 et seq.).
                                           Treaty Indian Fisheries                                                                                           Atlantic shark fisheries have separate
                                              Areas 4B, 5, and 6C: Extend for drift                                                                       regional (Gulf of Mexico and Atlantic)
                                           gillnets from 1 p.m. to 11:59 p.m.                       DEPARTMENT OF COMMERCE
                                                                                                                                                          quotas for all management groups
                                           (midnight), Friday August 24, 2018.                      National Oceanic and Atmospheric                      except those for blue shark, porbeagle
                                              Areas 6, 7, and 7A: Extend for purse                                                                        shark, pelagic sharks (other than
                                                                                                    Administration
                                           seines from 1 p.m. to 9 p.m., Friday,                                                                          porbeagle or blue sharks), and the shark
                                           August 24, 2018. Extend for gillnets                                                                           research fishery for LCS and sandbar
                                                                                                    50 CFR Part 635
                                           from 1 p.m. to 11:59 p.m. (midnight),                                                                          sharks. The boundary between the Gulf
                                           Friday, August 24, 2018.                                 [Docket No. 150413357–5999–02]                        of Mexico region and the Atlantic region
                                           Fraser River Panel Order Number 2018–                                                                          is defined at § 635.27(b)(1) as a line
                                                                                                    RIN 0648–XG582
                                           12: Issued 12:10 p.m., September 11,                                                                           beginning on the East Coast of Florida
                                           2018                                                     Atlantic Highly Migratory Species;                    at the mainland at 25°20.4′ N lat.,
                                                                                                    Commercial Aggregated Large Coastal                   proceeding due east. Any water and
                                           Treaty Indian and All Citizen Fisheries                  Shark and Hammerhead Shark                            land to the north and east of that
                                              Areas 4B, 5, 6, 6C, 7, and 7A,                        Management Group Retention Limit                      boundary is considered, for the
                                           excluding the Apex: Relinquish                           Adjustment                                            purposes of setting and monitoring
                                           regulatory control effective 11:59 p.m.                                                                        quotas, to be within the Atlantic region.
                                           (midnight), Saturday, September 15,                      AGENCY:  National Marine Fisheries                    This inseason action only affects the
                                           2018. The Apex is those waters north                     Service (NMFS), National Oceanic and                  aggregated LCS and hammerhead shark
                                           and west of the Area 7A ‘‘East Point                     Atmospheric Administration (NOAA),                    management groups in the Atlantic
                                           Line,’’ defined as a line projected from                 Commerce.                                             region.
                                           the low water range marker in Boundary                   ACTION: Temporary rule; inseason                         Under § 635.24(a)(8), NMFS may
                                           Bay on the International Boundary                        retention limit adjustment.                           adjust the commercial retention limits
                                           through the east tip of Point Roberts in                                                                       in the shark fisheries during the fishing
                                           the state of Washington to the East Point                SUMMARY:    NMFS is adjusting the                     season. Before making any adjustment,
                                           light on Saturna Island in the Province                  commercial aggregated large coastal                   NMFS must consider specified
                                           of British Columbia.                                     shark (LCS) and hammerhead shark                      regulatory criteria (see § 635.24(a)(8)(i)
                                                                                                    management group retention limit for                  through (vi)). After considering these
                                           Classification                                           directed shark limited access permit                  criteria as discussed below, NMFS has
                                              The Assistant Administrator for                       holders in the Atlantic region from 36                concluded that increasing the retention
                                           Fisheries NOAA (AA), finds that good                     LCS other than sandbar sharks per                     limit of the Atlantic aggregated LCS and
                                           cause exists for the inseason orders to be               vessel per trip to 45 LCS other than                  hammerhead management groups for
                                           issued without affording the public                      sandbar sharks per vessel per trip. This              directed shark limited access permit
                                           prior notice and opportunity for                         action is based on consideration of the               holders in the Atlantic region will allow
                                           comment under 5 U.S.C. 553(b)(B) as                      regulatory determination criteria                     use of available aggregated LCS and
                                           such prior notice and opportunity for                    regarding inseason adjustments. The                   hammerhead shark management group
                                           comments is impracticable and contrary                   retention limit will remain at 45 LCS                 quotas and will provide fishermen
                                           to the public interest. Prior notice and                 other than sandbar sharks per vessel per              throughout the region equitable fishing
                                           opportunity for public comment is                        trip in the Atlantic region through the               opportunities for the rest of the year.
                                           impracticable because NMFS has                           rest of the 2018 fishing season or until              Therefore, NMFS is increasing the
                                           insufficient time to allow for prior                     NMFS announces via a notice in the                    commercial Atlantic aggregated LCS and
                                           notice and opportunity for public                        Federal Register another adjustment to                hammerhead shark retention limit in the
                                           comment between the time the stock                       the retention limit or a fishery closure.             Atlantic region from 36 to 45 LCS other
                                           abundance information is available to                    This retention limit adjustment affects               than sandbar shark per vessel per trip.
                                           determine how much fishing can be                        anyone with a directed shark limited                     NMFS considered the inseason
                                           allowed and the time the fishery must                    access permit fishing for LCS in the                  retention limit adjustment criteria listed
                                           open and close in order to harvest the                   Atlantic region.                                      at § 635.24(a)(8)(i) through (vi), which
                                           appropriate amount of fish while they                    DATES: This retention limit adjustment                includes:
amozie on DSK3GDR082PROD with RULES




                                           are available.                                           is effective on November 6, 2018                         • The amount of remaining shark
                                              The AA also finds good cause to                       through December 31, 2018, or until                   quota in the relevant area, region, or
                                           waive the 30-day delay in the effective                  NMFS announces via a notice in the                    sub-region to date, based on dealer
                                           date, required under 5 U.S.C. 553(d)(3),                 Federal Register another adjustment to                reports.
                                           of the inseason orders. A delay in the                   the retention limit or a fishery closure,                Based on dealer reports through
                                           effective date of the inseason orders                    if warranted.                                         October 15, 2018, 65.2 metric tons (mt)


                                      VerDate Sep<11>2014    16:15 Nov 06, 2018   Jkt 247001   PO 00000   Frm 00038   Fmt 4700   Sfmt 4700   E:\FR\FM\07NOR1.SGM   07NOR1


                                                            Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Rules and Regulations                                       55639

                                           dressed weight (dw) (143,809 lb dw), or                  year while not compromising the                       shark limited access permit holders in
                                           39 percent, of the 168.9 mt dw shark                     rebuilding objectives established in the              those fisheries. NMFS published a
                                           quota for aggregated LCS and 8.3 mt dw                   2006 Consolidated HMS FMP.                            proposed rule on August 22, 2017 (82
                                           (18,328 lb dw), or 31 percent, of the 27.1                  • Variations in seasonal distribution,             FR 39735) and invited and considered
                                           mt dw shark quota for the hammerhead                     abundance, or migratory patterns of the               public comment. In the final rule,
                                           management groups have been                              relevant shark species based on                       NMFS explained that if it appeared that
                                           harvested in the Atlantic region. This                   scientific and fishery-based knowledge.               the quota is being harvested too quickly,
                                           means that approximately 61 percent of                      The directed shark fisheries in the                thus precluding fishing opportunities
                                           the aggregated LCS quota remains                         Atlantic region are composed of a mix                 throughout the entire region (e.g., if
                                           available and approximately 69 percent                   of species, with a high abundance of                  approximately 20 percent of the quota is
                                           of the hammerhead shark quota remains                    aggregated LCS caught in conjunction                  caught at the beginning of the year),
                                           available. NMFS took action in May of                    with hammerhead sharks. Migratory                     NMFS would consider reducing the
                                           2018 to reduce retention rates after                     patterns of many LCS in the Atlantic                  commercial retention limit to 3 or fewer
                                           considering the relevant inseason                        region indicate that sharks move farther              LCS other than sandbar sharks and then
                                           adjustment criteria, particularly the                    north in the summer and then return                   later consider increasing the retention
                                           need for all regions to have an equitable                south in the fall. Taking these migration             limit, perhaps to 36 LCS other than
                                           opportunity to utilize the quota (83 FR                  patterns into account, NMFS increased                 sandbar sharks per vessel per trip
                                           21744; May 10, 2018).                                    the retention limit on July 18, 2018 from             around July 15, 2018, consistent with
                                              • The catch rates of the relevant shark               3 to 36 LCS other than sandbar sharks                 the applicable regulatory requirements.
                                           species/complexes in the region or sub-                  per vessel per trip (83 FR 33870) to                  In May 2018, dealer reports indicated
                                           region, to date, based on dealer reports.                provide additional fishing opportunities              that landings had reached 19 percent of
                                              Based on the current commercial                       for fishermen in the Mid-Atlantic and                 the quota, and NMFS therefore reduced
                                           retention limit and average catch rate of                New England areas. However, based on                  the commercial Atlantic aggregated LCS
                                           landings data from dealer reports, the                   dealer reports through October 15, 2018,              and hammerhead shark retention limit
                                           amount of Atlantic aggregated LCS and                    harvest in the Atlantic region on a daily             from 25 to 3 LCS other than sandbar
                                           hammerhead shark quota available is                      basis has been low. Therefore, NMFS is                sharks per vessel per trip on May 12,
                                           high, while harvest in the Atlantic                      increasing the retention limit from 36 to             2018 (83 FR 21744; May 10, 2018) after
                                           region on a daily basis is low. Using                    45 LCS other than sandbar sharks per                  considering the inseason retention limit
                                           current catch rates, projections indicate                vessel per trip in order to fully utilize             adjustment criteria listed in
                                           that landings would not reach 80                         the quota in the entire Atlantic region.              § 635.24(a)(8). Based on dealer reports
                                           percent of the quota before the end of                      • Effects of catch rates in one part of
                                                                                                                                                          through June 18, 2018, approximately
                                           the 2018 fishing season (December 31,                    a region or sub-region precluding
                                                                                                                                                          75 percent and 82 percent of the
                                           2018). A higher retention limit                          vessels in another part of that region or
                                                                                                                                                          aggregated LCS and hammerhead shark
                                           authorized under this action will                        sub-region from having a reasonable
                                                                                                                                                          quotas remain unharvested,
                                           promote increased fishing opportunities                  opportunity to harvest a portion of the
                                                                                                    relevant quota.                                       respectively. On July 18, 2018, NMFS
                                           and utilization of available quota in the
                                                                                                       NMFS’ goal for the 2018 commercial                 increased the retention limit from 3 LCS
                                           Atlantic region.
                                                                                                                                                          other than sandbar sharks to 36 LCS
                                              • Estimated date of fishery closure                   shark fishery is to ensure fishing
                                                                                                    opportunities throughout the fishing                  other than sandbar sharks (83 FR
                                           based on when the landings are
                                                                                                    season and the Atlantic region (82 FR                 33870). Based on dealer reports through
                                           projected to reach 80 percent of the
                                                                                                    55512; November 22, 2017, 83 FR                       October 15, 2018, approximately 61
                                           available overall, regional, and/or sub-
                                                                                                    21744; May 10, 2018, and 83 FR 33870;                 percent and 69 percent of the aggregated
                                           regional quota, if the fishery’s landings
                                                                                                    July 18, 2018). While dealer reports                  LCS and hammerhead shark quotas
                                           are not projected to reach 100 percent of
                                                                                                    indicate that, under current catch rates,             remain unharvested, respectively.
                                           the applicable quota before the end of
                                                                                                    the aggregated LCS and hammerhead                     Commercial shark landings in the
                                           the season.
                                              Once the landings reach 80 percent of                 shark management groups in the                        Atlantic region at this point in the
                                           either the aggregated LCS or                             Atlantic region would remain open for                 season are uncharacteristically low.
                                           hammerhead shark quotas, NMFS                            the remainder of the year, the catch                  Fishermen in the Atlantic region may
                                           would, as required by the regulations at                 rates also indicate that the quotas would             not have an opportunity to fully utilize
                                           § 635.28(b)(3), close the aggregated LCS                 likely not be fully harvested under the               the quotas for the remainder of the year
                                           and hammerhead shark management                          current retention limit. If the harvest of            if the retention limits are not increased,
                                           groups since they are ‘‘linked quotas.’’                 these species is increased through an                 and available quota will be
                                           However, current catch rates would                       increased retention limit, NMFS                       underutilized.
                                           likely result in the fisheries remaining                 estimates that the fishery would remain                  Accordingly, as of November 6, 2018,
                                           open for the remainder of the year. The                  open for the remainder of the year and                NMFS is increasing the retention limit
                                           higher retention limit should increase                   fishermen throughout the Atlantic                     for the commercial aggregated LCS and
                                           the likelihood of full utilization of the                region would have a reasonable                        hammerhead shark management groups
                                           quota in the Atlantic region.                            opportunity to harvest a portion of the               in the Atlantic region for directed shark
                                              • Effects of the adjustment on                        quota.                                                limited access permit holders from 36
                                           accomplishing the objectives of the 2006                    On November 22, 2017 (82 FR 55512),                LCS other than sandbar sharks per
                                           Consolidated HMS FMP and its                             NMFS announced in a final rule that the               vessel per trip to 45 LCS other than
                                           amendments.                                              aggregated LCS and hammerhead shark                   sandbar sharks per vessel per trip. This
                                              Increasing the retention limit on the                 fisheries management groups for the                   retention limit adjustment does not
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                                           aggregated LCS and hammerhead                            Atlantic region would open on January                 apply to directed shark limited access
                                           management groups in the Atlantic                        1 with a quota of 168.9 mt dw (372,552                permit holders if the vessel is properly
                                           region from 36 to 45 LCS other than                      lb dw) and 27.1 mt dw (59,736 lb dw),                 permitted to operate as a charter vessel
                                           sandbar sharks per vessel per trip would                 respectively, and a commercial                        or headboat for HMS and is engaged in
                                           continue to allow for fishing                            retention limit of 25 LCS other than                  a for-hire trip, in which case the
                                           opportunities throughout the rest of the                 sandbar sharks per trip for directed                  recreational retention limits for sharks


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                                           55640            Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Rules and Regulations

                                           and ‘‘no sale’’ provisions apply                         upward to 45 would result in minimal                  status quo. Regulations governing these
                                           (§ 635.22(a) and (c)); or if the vessel                  risks of exceeding the aggregated LCS                 fisheries require NMFS to notify the
                                           possesses a valid shark research permit                  and hammerhead shark quotas in the                    public of the allowable harvest levels for
                                           under § 635.32 and a NMFS-approved                       Atlantic region based on our                          Atlantic surfclams and ocean quahogs
                                           observer is onboard, in which case the                   consideration of previous years’ data, in             from the Exclusive Economic Zone if
                                           restrictions noted on the shark research                 which the fisheries have opened in July.              the previous year’s quota specifications
                                           permit apply.                                            With quota available and with no                      remain unchanged.
                                              All other retention limits and shark                  measurable impacts to the stocks                      DATES: Effective January 1, 2019,
                                           fisheries in the Atlantic region remain                  expected, it would be contrary to the                 through December 31, 2019.
                                           unchanged. This retention limit will                     public interest to require vessels to wait            FOR FURTHER INFORMATION CONTACT:
                                           remain at 45 LCS other than sandbar                      to harvest the sharks otherwise                       Douglas Potts, Fishery Policy Analyst,
                                           sharks per vessel per trip for the rest of               allowable through this action.                        978–281–9341.
                                           the 2018 fishing season, or until NMFS                   Therefore, the AA finds good cause                    SUPPLEMENTARY INFORMATION: The
                                           announces via a notice in the Federal                    under 5 U.S.C. 553(b)(B) to waive prior
                                           Register another adjustment to the                                                                             regulations implementing the Atlantic
                                                                                                    notice and the opportunity for public                 Surfclam and Ocean Quahog Fishery
                                           retention limit or a fishery closure, if                 comment. Adjustment of the LCS
                                           warranted.                                                                                                     Management Plan (FMP) at 50 CFR
                                                                                                    commercial retention limit in the                     648.75(b)(3) authorize the
                                           Classification                                           Atlantic region is effective November 6,              Administrator, Greater Atlantic Region,
                                                                                                    2018, to minimize any unnecessary                     NMFS (Regional Administrator), to
                                              The Assistant Administrator for                       disruption in fishing patterns and to
                                           NMFS (AA) finds that it is impracticable                                                                       suspend annually, by publication in the
                                                                                                    allow fishermen to benefit from the                   Federal Register, the minimum size
                                           and contrary to the public interest to                   adjustment. Foregoing opportunities to
                                           provide prior notice of, and an                                                                                limit for Atlantic surfclams. This action
                                                                                                    harvest the respective quotas could have              may be taken unless discard, catch, and
                                           opportunity for public comment on, this                  negative social and economic impacts
                                           action for the following reasons:                                                                              biological sampling data indicate that 30
                                                                                                    for U.S. fishermen that depend upon                   percent or more of the Atlantic surfclam
                                              Prior notice is impracticable because
                                                                                                    catching the available quotas. Therefore,             resource have a shell length less than
                                           the regulatory criteria for inseason
                                           retention limit adjustments are intended                 the AA finds there is also good cause                 4.75 inches (120 mm), and the overall
                                           to allow the agency to respond quickly                   under 5 U.S.C. 553(d)(3) to waive the                 reduced size is not attributable to
                                           to existing management considerations,                   30-day delay in effectiveness.                        harvest from beds where growth of the
                                                                                                       This action is being taken under
                                           including remaining available shark                                                                            individual clams has been reduced
                                                                                                    § 635.24(a)(2) and is exempt from
                                           quotas, estimated dates for the fishery                                                                        because of density-dependent factors. At
                                                                                                    review under Executive Order 12866.
                                           closures, the regional variations in the                                                                       its June 2018 meeting, the Mid-Atlantic
                                           shark fisheries, and equitable fishing                     Authority: 16 U.S.C. 1801 et seq.                   Fishery Management Council
                                           opportunities. Additionally, regulations                   Dated: November 1, 2018.                            recommended the Regional
                                           implementing Amendment 6 of the 2006                     Karen H. Abrams,                                      Administrator suspend the minimum
                                           Atlantic Consolidated HMS FMP (80 FR                     Acting Director, Office of Sustainable                size limit for Atlantic surfclams for the
                                           50074, August 18, 2015) intended that                    Fisheries, National Marine Fisheries Service.         2019 fishing year. Commercial surfclam
                                           the LCS retention limit could be                         [FR Doc. 2018–24274 Filed 11–6–18; 8:45 am]           data for 2018 were analyzed to
                                           adjusted quickly throughout the fishing                  BILLING CODE 3510–22–P
                                                                                                                                                          determine the percentage of surfclams
                                           season to provide management                                                                                   that were smaller than the minimum
                                           flexibility for the shark fisheries and                                                                        size requirement. The analysis indicated
                                           provide equitable fishing opportunities                  DEPARTMENT OF COMMERCE                                that 20.2 percent of the overall
                                           to fishermen throughout a region. Based                                                                        commercial landings were composed of
                                           on available shark quotas and informed                   National Oceanic and Atmospheric                      surfclams that were less than the 4.75-
                                           by shark landings in previous seasons,                   Administration                                        in (120-mm) default minimum size.
                                           responsive adjustment to the LCS                                                                                  Based on the information available,
                                           commercial retention limit from the                      50 CFR Part 648                                       the Regional Administrator concurs
                                           incidental level is warranted as quickly                 [Docket No. 900124–0127]
                                                                                                                                                          with the Council’s recommendation,
                                           as possible to allow fishermen to take                                                                         and is suspending the minimum size
                                           advantage of available quotas while                      RIN 0648–XG418                                        limit for Atlantic surfclams in the
                                           sharks are present in their region. For                                                                        upcoming fishing year (January 1
                                           such adjustment to be practicable, it                    Atlantic Surfclam and Ocean Quahog                    through December 31, 2019).
                                           must occur in a timeframe that allows                    Fisheries; 2019 Fishing Quotas for                       The Atlantic Surfclam and Ocean
                                           fishermen to take advantage of it.                       Atlantic Surfclams and Ocean                          Quahog FMP requires that NMFS issue
                                              Adjustment of the LCS fisheries                       Quahogs; and Suspension of Minimum                    a notice in the Federal Register of the
                                           retention limit in the Atlantic region                   Atlantic Surfclam Size Limit                          upcoming year’s quota, even in cases
                                           will begin on November 6, 2018. Prior                    AGENCY:  National Marine Fisheries                    where the quota remains unchanged
                                           notice would result in delays in                         Service (NMFS), National Oceanic and                  from the previous year. At its June 2018
                                           increasing the retention limit and would                 Atmospheric Administration (NOAA),                    meeting, the Council recommended no
                                           adversely affect those shark fishermen                   Commerce.                                             change to the quota specifications for
                                           that would otherwise have an                             ACTION: Temporary rule.
                                                                                                                                                          Atlantic surfclams and ocean quahogs
                                           opportunity to harvest more than the                                                                           for the 2019 fishing year. As a result, we
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                                           current retention limit of 36 LCS other                  SUMMARY:   NMFS suspends the                          are announcing that the 2018 quota
                                           than sandbar sharks per vessel per trip                  minimum size limit for Atlantic                       levels of 3.4 million bu (181 million L)
                                           and could result in low catch rates and                  surfclams for the 2019 fishing year.                  for Atlantic surfclams, 5.33 million bu
                                           underutilized quotas. Analysis of                        NMFS also announces that the quotas                   (288 million L) for ocean quahogs, and
                                           available data shows that adjustment of                  for the Atlantic surfclam and ocean                   100,000 Maine bu (3.52 million L) for
                                           the LCS commercial retention limit                       quahog fisheries for 2019 will remain                 Maine ocean quahogs, as announced in


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Document Created: 2018-11-07 00:04:22
Document Modified: 2018-11-07 00:04:22
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 November 6, 2018 through December 31, 2018, or until NMFS announces via a notice in the Federal Register another adjustment to the retention limit or a fishery closure, if warranted.
ContactLauren Latchford, Chant[eacute] Davis, or Karyl Brewster-Geisz 301-427-8503; fax 301-713-1917.
FR Citation83 FR 55638 
RIN Number0648-XG58

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