83_FR_8074 83 FR 8037 - Atlantic Highly Migratory Species; Proposed Rule To Revise Atlantic Shark Fishery Closure Regulations

83 FR 8037 - Atlantic Highly Migratory Species; Proposed Rule To Revise Atlantic Shark Fishery Closure Regulations

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 37 (February 23, 2018)

Page Range8037-8044
FR Document2018-03688

NMFS is proposing to revise the current closure regulations for commercial shark fisheries. These changes would affect commercial shark fisheries in the Atlantic Ocean including the Gulf of Mexico and Caribbean. Proposed revisions include changes to the landings threshold that prompts a closure and the minimum time between filing of the closure with the Federal Register and the closure becoming effective. This action is necessary to allow more flexibility when closing shark fisheries and to facilitate the use of available quota while still preventing overharvests.

Federal Register, Volume 83 Issue 37 (Friday, February 23, 2018)
[Federal Register Volume 83, Number 37 (Friday, February 23, 2018)]
[Proposed Rules]
[Pages 8037-8044]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03688]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 170703617-8097-01]
RIN 0648-BG97


Atlantic Highly Migratory Species; Proposed Rule To Revise 
Atlantic Shark Fishery Closure Regulations

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS is proposing to revise the current closure regulations 
for commercial shark fisheries. These changes would affect commercial 
shark fisheries in the Atlantic Ocean including the Gulf of Mexico and 
Caribbean. Proposed revisions include changes to the landings threshold 
that prompts a closure and the minimum time between filing of the 
closure with the Federal Register and the closure becoming effective. 
This action is necessary to allow more flexibility when closing shark 
fisheries and to facilitate the use of available quota while still 
preventing overharvests.

DATES: Written comments must be received March 26, 2018, NMFS will hold 
an operator-assisted public hearing via conference call and webinar for 
this proposed rule on March 2, 2018, from 10 a.m. to 12 p.m. For 
specific locations, dates and times, see the SUPPLEMENTARY INFORMATION 
section of this document.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2017-0070, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0070, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Margo Schulze-Haugen, 
Chief, Atlantic HMS Management Division at 1315 East-West Highway, 
Silver Spring, MD 20910.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and generally will be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    NMFS will hold one public hearing via conference call on this 
proposed rule. For specific locations, dates and times, see the 
SUPPLEMENTARY INFORMATION section of this document.
    Copies of the supporting documents, including the draft 
Environmental Assessment (EA), Regulatory Impact Review (RIR), Initial 
Regulatory Flexibility Analysis (IRFA), and the 2006 Consolidated 
Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP) 
and amendments are available from the HMS website at http://www.nmfs.noaa.gov/sfa/hms/ or by contacting Lauren Latchford at 301-
427-8503.

FOR FURTHER INFORMATION CONTACT: Lauren Latchford, Gu[yacute] DuBeck, 
Gray Redding, or Karyl Brewster-Geisz by phone at 301-427-8503 or 
Delisse Ortiz at 240-681-9037.

SUPPLEMENTARY INFORMATION: Atlantic sharks are directly managed under 
the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act). NMFS published in the Federal 
Register (71 FR 59058, October 2, 2006) final regulations, effective 
November 1, 2006, implementing the 2006 Consolidated HMS FMP, which 
details management measures for Atlantic HMS fisheries. The 
implementing regulations for the 2006 Consolidated HMS FMP and its 
amendments are at 50 CFR part 635. This proposed rule considers 
modifying the current regulations related to closures for commercial 
shark fisheries.

Background

    A brief summary of the background of this proposed action is 
provided below. Additional information regarding Atlantic HMS 
management, specifically the commercial fisheries season structure, can 
be found in the Draft EA for this proposed action and the 2006 
Consolidated HMS FMP and its

[[Page 8038]]

amendments, found online at http://www.nmfs.noaa.gov/sfa/hms/.
    NMFS initially required Federally-permitted dealers to report to 
NMFS every two weeks to effectively monitor quotas and close the shark 
fisheries when necessary to avoid exceeding the quotas. Because these 
reports were paper-based and had to be mailed, the data NMFS used to 
monitor the fisheries were often a month or more out of date.
    As established in Amendment 2 to the 2006 Consolidated HMS FMP 
(Amendment 2), the Atlantic shark commercial fisheries season structure 
is managed with one fishing ``season'' that lasts the entire calendar 
year, beginning January 1 and closing on December 31, unless otherwise 
provided in an inseason action or other rule. NMFS closes a shark 
fishery when it calculates that the applicable overall, regional, and/
or sub-regional landings for the species or management group has 
reached or is projected to reach 80 percent of the available applicable 
quota. Once closed, current regulations do not provide for re-opening 
the fishery.
    When the 80-percent landings threshold was established in Amendment 
2, all Federal shark dealers reported on a biweekly basis on paper 
reports. This 80-percent threshold was meant to account for the delay 
in data entry from the paper reports, landings that occurred during the 
five-day notice period, state water landings continuing to occur after 
a Federal closure, delayed landing reports from state only dealers, and 
the potential for late dealer reporting. However, since January 1, 2013 
(77 FR 47303; August 8, 2012), all Atlantic HMS Federal dealers have 
been required to report commercial harvests of sharks, swordfish, and 
bigeye, albacore, yellowfin, and skipjack (BAYS) tunas on a weekly 
basis through a NMFS-approved electronic dealer reporting system 
(eDealer). Most states also require all state-registered dealers to 
report electronically; however, there are some states that still allow 
for paper reports, and some states require reporting once a month 
rather than weekly. Overall, electronic dealer reporting has resulted 
in more timely data on landings.
    Current regulations provide that any shark fishery closure is 
effective no less than five days from notice of filing with the Office 
of the Federal Register. This minimum notice period was established to 
allow fishermen to complete their trip and land a portion of the 
remaining quota. As a result of changes in Amendment 2, however, most 
shark fishermen now take one or two day trips and may not need the full 
five-day notice.
    Since 2010, NMFS has received numerous comments at several HMS 
Advisory Panel (AP) meetings and during various rulemakings on 
commercial shark management requesting that NMFS modify the current 80-
percent threshold.
    At the September 2017 HMS Advisory Panel Meeting, some Panel 
members suggested that NMFS consider maintaining the existing 80-
percent closure threshold as a precautionary approach; raising the 
threshold to 90 percent only in the Atlantic region and maintaining the 
80-percent threshold in the Gulf of Mexico region; and determining 
closure thresholds for each region and/or management group based on the 
stock status and characteristics of the fishery. Additionally, some 
Panel members commented that immediate closure at any quota threshold 
is infeasible given that some state regulations provide more than 24 
hours of notice before closing a fishery. Therefore, requesting 
immediate closure can cause confusion in fisheries that occur in both 
state and Federal waters. Other Panel members suggested examining 
closure notice periods that are longer than five days.
    As described above, both the 80-percent threshold and five-day 
notice requirement for commercial shark fisheries went into effect 
before electronic dealer reporting and before the impacts of Amendment 
2 on fishing behavior, including trip lengths, were fully understood. 
This proposed rule considers modifying the five-day notice and 80-
percent threshold with the goal of more fully utilizing available quota 
while also avoiding overharvests in these fisheries.
    NMFS prepared a draft EA, RIR, and an IRFA, which present and 
analyze the anticipated environmental, social, and economic impacts of 
each alternative considered for this proposed rule. The complete list 
of alternatives and related analyses are provided in the draft EA/RIR/
IRFA and are not repeated here in its entirety. A copy of the draft EA/
RIR/IRFA prepared for this proposed rulemaking is available from NMFS 
(see ADDRESSES).
    NMFS considered six alternatives for the shark fishery-closure 
threshold and three alternatives for the shark fishery-closure notice 
period.
    Alternative 1a, the No Action alternative, would maintain the 80-
percent threshold for shark fishery closures. Alternative 1b would 
change the shark fishery-closure threshold to 90 percent of the 
available applicable overall, regional, and/or sub-regional quota. 
Alternative 1c would change the shark fishery-closure threshold to 70 
percent of the available applicable overall, regional, and/or sub-
regional quota. Alternative 1d would increase the shark fishery-closure 
threshold to 90 percent in the Atlantic Region, while maintaining the 
Gulf of Mexico closure threshold and overall non-regional threshold at 
80 percent. Alternative 1e would establish objective criteria to 
evaluate whether a shark species and/or management group should be 
closed when the relevant landings reach, or are projected to reach, 80 
percent of the available applicable overall, regional, and/or sub-
regional quota, or allowed to remain open until 90 percent of the 
available applicable overall, regional, and/or sub-regional quota is 
reached. These criteria include: (A) The stock status of the relevant 
species or management group and any linked species and/or management 
groups; (B) The patterns of over- and underharvest in the fishery over 
the previous five years; (C) The likelihood of continued landings after 
the Federal closure of the fishery; (D) The effects of the closure on 
accomplishing the objectives of the 2006 Consolidated HMS FMP and its 
amendments; (E) The likelihood of landings exceeding the quota by 
December 31 of each year; and (F) The impacts of the closure on the 
catch rates of other shark management groups, including likelihood of 
an increase in dead discards. Under Alternative 1f, the preferred 
alternative, when NMFS calculates that landings have reached, or are 
projected to reach, 80 percent of the available applicable overall, 
regional, and/or sub-regional quota, NMFS will determine whether 
landings are projected to reach 100 percent of the relevant quota 
before the end of the fishing season (December 31). If so, NMFS will 
close the fishery through publication in the Federal Register with the 
appropriate notice. If not, the fishery will continue to remain open, 
and NMFS will update the public about the landings levels in its next 
monthly shark landings update listserv notice.
    Alternative 2a, the No Action alternative, would maintain the five-
day period between filing of the closure notice with the Office of the 
Federal Register and the closure going into effect. Alternative 2b, the 
preferred alternative, would change the minimum notice time between 
filing of the closure notice with the Office of the Federal Register 
and the closure going into effect to three days. Alternative 2c would 
allow immediate closure of a shark fishery upon filing of the closure 
notice with the Office of the Federal Register.

[[Page 8039]]

    Alternative 1f, the preferred alternative, would provide additional 
flexibility to achieve full quota utilization while still preventing 
overharvest of the quota. This alternative would also provide the 
flexibility to account for differences in regional reporting when 
monitoring quotas and the ability to close in time to ensure the quota 
is not exceeded. For instance, regions that are more timely in their 
reporting and have few landings after Federal closures (i.e., Atlantic 
region) could remain open for the remainder of the season while other 
regions (i.e., Gulf of Mexico) that have landings after a Federal 
closure and/or delays in reported landings from state-water vessels may 
need to be closed. This alternative would likely have both neutral 
direct and indirect short- and long-term ecological impacts on the 
shark fishery because it would not be expected to have any impacts on 
the allowable level of fishing pressure, catch rates, or distribution 
of fishing effort otherwise authorized under actions that had assumed 
full utilization of the quota when analyzed. This alternative would 
allow increased quota utilization by keeping the fishery open as long 
as available quotas are not projected to be exceeded before the end of 
the season. This alternative could, therefore, lead to neutral 
socioeconomic impacts, similar to Alternative 1a, the status quo 
alternative, if the fishery is projected to reach 100 percent before 
the end of the fishing season. If NMFS determined that a quota was not 
projected to reach 100 percent before the end of the fishing season, 
then the fishery would remain open under this alternative. Thus, in 
some scenarios, this alternative could lead to minor beneficial direct 
socioeconomic impacts since the quota could be fully utilized.
    In combination with any of the notification alternatives (five-day 
notice, three-day notice, or immediate closure) NMFS expects 
Alternative 1f would have neutral direct and indirect short- and long-
term ecological impacts to the shark fishery as shark quotas would 
remain unchanged, leaving the fishery to operate under the current 
conditions. This alternative would support full quota utilization while 
preventing overharvest of the quota. Given the flexibility and 
responsiveness this alternative would provide, combined with neutral 
ecological impacts to the fishery stocks, NMFS prefers this alternative 
at this time.
    Under Alternative 2b, the preferred alternative, NMFS would change 
the minimum notice period to three days instead of the current five-day 
notice once landings reach a threshold necessitating a closure. 
According to the data presented in Amendment 2, historically, shark-
fishing trips were up to nine days in length. In the directed shark 
fishery, recent observer reports show that most shark fishermen take 
trips of one or two days, and likely do not need the full five-day 
notice in order to land all sharks before the closure date is 
effective. As such, this alternative should not interfere with directed 
shark trips already underway at the time of closure, but may have 
impacts on pelagic longline trips that may last several weeks. This 
alternative would allow more timely action in closing shark fisheries, 
helping to prevent overharvests.
    Specifically, in combination with Alternative 1f, Alternative 2b 
would reduce the risk of exceeding the quota, especially if landings 
rates are high before the closure date is effective. This alternative 
would likely have both neutral direct and indirect short- and long-term 
ecological impacts to shark stocks because the allowable level of 
fishing pressure, catch rates, distribution of fishing effort, and 
commercial quotas would remain the same as otherwise authorized under 
actions that had assumed full utilization of the quota when analyzed. 
This alternative could potentially result in interrupted fishing 
activities for longer fishing trips, potentially resulting in 
regulatory discards and minor adverse socioeconomic impacts if trips 
were underway at the time of the notice of the closure. For instance, 
pelagic longline fishing vessels, which can take trips that last 
several weeks, may need to discard any dead sharks onboard and in their 
hold if the vessel is unable to land the sharks before the closure is 
effective. However, NMFS expects few dead discards and potential lost 
revenue as a result of closure notice timing as most pelagic longline 
fishermen do not target sharks and are unlikely to land many sharks 
given recent management measures to reduce shark mortality on pelagic 
longline vessels. Because this alternative would increase flexibility 
to close the fishery as needed while still preventing overharvest of 
the quota and allowing sufficient time for most fishermen to complete 
trips underway at the time of the notice of the closure, NMFS prefers 
this alternative at this time.
    As described above, NMFS also considered five other alternatives 
regarding the threshold for closure (Alternatives 1a, 1b, 1c, 1d, and 
1e) and two other alternatives regarding the timing for a closure 
notice (Alternatives 2a and 2c). At this time, NMFS does not prefer any 
of those alternatives. NMFS does not prefer Alternative 1a (No Action 
Alternative) because this alternative could continue to leave some of 
the shark quotas underutilized. NMFS does not prefer Alternative 1b or 
1d because increasing the closure threshold to 90 percent in either all 
(1b) or part (1d) of the region would increase the potential for 
overharvest. NMFS does not prefer Alternative 1c because of the 
potential for underharvest in the shark fisheries. NMFS does not prefer 
Alternative 1e because the additional inseason action required to 
assess these criteria and carry out this alternative would 
unnecessarily complicate the closure procedures and possibly confuse 
the regulated community given past, relatively simple protocols for 
shark fishery closures. NMFS does not prefer Alternative 2a (No Action 
Alternative) because this alternative does not increase flexibility in 
NMFS' ability to manage the shark fisheries in a timely manner. NMFS 
does not prefer Alternative 2c (change the timing of shark fishery 
species and or management groups closures to allow for immediate 
closure upon filing of the closure notice with the Federal Register) as 
this alternative could result in interrupted fishing activities with 
little or no warning, potentially increasing regulatory discards if 
trips were underway at the time of the notice of the closure. Regarding 
Alternative 2c, at the HMS AP meeting in September 2017, NMFS received 
comments from the Panel members who indicated that immediate closure 
(Alternative 2c) is infeasible given that most states provide more than 
24 hours of notice before closing a fishery.

Public Hearing

    Comments on this proposed rule may be submitted via http://www.regulations.gov, mail, or fax and comments may also be submitted at 
a public hearing. NMFS solicits comments on this proposed rule through 
March 26, 2018. During the comment period, NMFS will hold one 
conference call for this proposed rule. The hearing locations will be 
physically accessible to people with disabilities. Requests for sign 
language interpretation or other auxiliary aids should be directed to 
Gray Redding at 301-427-8503, at least 7 days prior to the meeting.

[[Page 8040]]



    Table 1--Date and Time of Upcoming Public Hearing Conference Call
------------------------------------------------------------------------
                                                      Location contact
             Venue                  Date/time           information
------------------------------------------------------------------------
Conference call...............  March 2, 2018, 10  To participate in
                                 a.m.-12 p.m..      conference call,
                                                    call: (888) 946-
                                                    7204.
                                                   Passcode: 1023240.
                                                   To participate in
                                                    webinar, RSVP at:
                                                    https://noaaevents2.webex.com/noaaevents2/onstage/g.php?MTID=e8805cc4b96307b6f3ad888ac845a0e6f 0e6f. A confirmation
                                                    email with webinar
                                                    log-in information
                                                    will be sent after
                                                    RSVP is registered.
------------------------------------------------------------------------

    The public is reminded that NMFS expects participants at the public 
hearings to conduct themselves appropriately. At the beginning of the 
conference call, the moderator will explain how the conference call 
will be conducted and how and when attendees can provide comments. The 
NMFS representative will attempt to structure the meeting so that all 
the attending members of the public will be able to comment, if they so 
choose, regardless of the controversial nature of the subject(s). 
Attendees are expected to respect the ground rules, and, if they do not 
they may be asked to leave the hearing or may not be allowed to speak 
during the conference call.

Classification

    Pursuant to the Magnuson-Stevens Act, the NMFS Assistant 
Administrator has determined that the proposed rule is consistent with 
the 2006 Consolidated HMS FMP and its amendments, other provisions of 
the Magnuson-Stevens Act, and other applicable law, subject to further 
consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This proposed rule is expected to be an Executive Order 13771 
deregulatory action.
    An IRFA was prepared, as required by section 603 of the Regulatory 
Flexibility Act (RFA). The IRFA describes the economic impact this 
proposed rule would have on small entities if adopted. A description of 
the action, why it is being considered, and the legal basis for this 
action are contained below. A summary of the analysis follows. A copy 
of this analysis is available from NMFS (see ADDRESSES).
    Section 603(b)(1) requires Agencies to describe reasons why the 
action is being considered. The purpose of this proposed action is to 
consider modifications to the percent landings threshold to a level 
that allows fishermen to utilize the full quota while avoiding under- 
and overharvest, and to determine a length of time between public 
notice and the effective date of a given fishery closure while avoiding 
under- and overharvest.
    Section 603(b)(2) requires Agencies to describe the objectives of 
the proposed rule. NMFS has identified the following objectives, which 
are consistent with existing statutes such as the Magnuson-Stevens Act 
and its objectives, with regard to this proposed action:
     Maintaining optimum yield for all shark fishery species 
and/or management groups; and
     Establishing an appropriate length of public notice for a 
fishery closure.
    Section 603(b)(3) of the Regulatory Flexibility Act requires 
Agencies to provide an estimate of the number of small entities to 
which the rule would apply. The Small Business Administration (SBA) has 
established size criteria for all major industry sectors in the United 
States, including fish harvesters. Provision is made under the SBA's 
regulations for an agency to develop its own industry-specific size 
standards after consultation with Advocacy and an opportunity for 
public comment (see 13 CFR 121.903(c)). Under this provision, NMFS may 
establish size standards that differ from those established by the SBA 
Office of Size Standards, but only for use by NMFS and only for the 
purpose of conducting an analysis of economic effects in fulfillment of 
the agency's obligations under the RFA. To utilize this provision, NMFS 
must publish such size standards in the Federal Register (FR), which 
NMFS did on December 29, 2015 (80 FR 81194). In this final rule 
effective on July 1, 2016, NMFS established a small business size 
standard of $11 million in annual gross receipts for all businesses in 
the commercial fishing industry (NAICS 11411) for RFA compliance 
purposes. NMFS considers all HMS permit holders to be small entities 
because they all had average annual receipts of less than $11 million 
for commercial fishing.
    The proposed rule would apply to the approximately 496 commercial 
limited access permit holders in the Atlantic shark fishery (223 
directed and 271 incidental permits) and 142 open access smoothhound 
shark permit holders, based on an analysis of permit holders as of 
October 2016. Not all permit holders are active in the shark fishery in 
any given year. Active directed permit holders are defined as those 
with valid permits that landed one shark, based on HMS electronic 
dealer reports. Of those 223 commercial directed limited access permit 
holders, 29, or 13 percent of permit holders, landed large coastal 
sharks (LCS) and 22, or 10 percent of permit holders, landed small 
coastal sharks (SCS) in the Atlantic. In the Gulf of Mexico region, 13, 
or 6 percent of permit holders, landed LCS in the western sub-region; 
8, or 4 percent of the permit holders, landed LCS in the eastern sub-
region; and 5, or 2 percent of permit holders, landed SCS throughout 
the region. Of directed limited access permit holders, 45, or 20 
percent, landed pelagic sharks. Of the 142 open-access smoothhound 
shark permit holders, 75, or 53 percent of permit holders, landed 
sharks in the Atlantic region. NMFS has determined that the proposed 
rule would not likely affect any small governmental jurisdictions.
    Section 603(b)(4) of the RFA requires Agencies to describe any new 
reporting, record-keeping and other compliance requirements. The action 
does not contain any new collection of information, reporting, or 
record-keeping requirements. The alternatives considered would review 
and modify the percent landings threshold that prompts a shark fishery 
closure, and the length of time between public notice and the effective 
date of a given fishery closure with the goal of avoiding under- and 
overharvests in these fisheries.
    Under section 603(b)(5) of the RFA, agencies must identify, to the 
extent practicable, relevant Federal rules which duplicate, overlap, or 
conflict with the proposed rule. Fishermen, dealers, and managers in 
these fisheries must comply with a number of international agreements, 
domestic laws, and fishery management measures. These include the 
Magnuson-Stevens Act, the Atlantic Tunas Convention Act (ATCA), the 
High Seas Fishing Compliance Act, the Marine Mammal Protection Act, the 
Endangered Species Act (ESA), the National

[[Page 8041]]

Environmental Policy Act, the Paperwork Reduction Act, and the Coastal 
Zone Management Act. This proposed rule has been determined not to 
duplicate, overlap, or conflict with any Federal rules.
    One of the requirements of an IRFA is to describe any alternatives 
to the proposed rule which accomplish the stated objectives and which 
minimize any significant economic impacts. These impacts are discussed 
below. Additionally, the RFA (5 U.S.C. 603 (c)(1)-(4)) lists four 
general categories of ``significant'' alternatives that would assist an 
agency in the development of significant alternatives. These categories 
of alternatives are: (1) Establishment of differing compliance or 
reporting requirements or timetables that take into account the 
resources available to small entities; (2) clarification, 
consolidation, or simplification of compliance and reporting 
requirements under the rule for such small entities; (3) use of 
performance rather than design standards; and (4) exemptions from 
coverage of the rule, or any part thereof, for small entities.
    NMFS examined each of these categories of alternatives. Regarding 
the first, second, and fourth categories, NMFS cannot establish 
differing compliance requirements for small entities or exempt small 
entities from coverage of the rule or parts of it because all of the 
businesses impacted by this rule are considered small entities and thus 
the requirements are already designed for small entities. NMFS does not 
know of any performance or design standards that would satisfy the 
objectives of this rulemaking while, concurrently, complying with the 
Magnuson-Stevens Act. As described below, NMFS analyzed several 
different alternatives in this proposed rulemaking and provides 
rationales for identifying the preferred alternatives to achieve the 
desired objectives.
    The alternatives considered and analyzed are described below. The 
IRFA assumes that each vessel will have similar catch and gross 
revenues to show the relative impact of the proposed action on vessels.
    Alternative 1a, the No Action alternative, would maintain the 
existing 80-percent threshold to close the shark fishery and maintain 
current shark quotas. Based on the 2016 ex-vessel prices, the potential 
annual gross revenues for the 13 active directed permit holders from 
blacktip, aggregated LCS, and hammerhead shark meat in the western Gulf 
of Mexico sub-region would be $433,308, while revenue from shark fins 
would be $229,723. Thus, potential total average annual gross revenues 
by each active directed permit holder for blacktip, aggregated LCS, and 
hammerhead shark landings in the western Gulf of Mexico sub-region 
would be $51,002 ($33,331 + $17,671). The potential annual gross 
revenues for the 8 active directed permit holders from blacktip, 
aggregated LCS, and hammerhead shark meat in the eastern Gulf of Mexico 
sub-region would be $169,206, while revenue from shark fins would be 
$88,058. Thus, potential total average annual gross revenues by each 
active directed permit holder for blacktip, aggregated LCS, and 
hammerhead shark landings in the Gulf of Mexico region would be $32,158 
($21,151 + $11,007). The potential annual gross revenues for the 5 
active directed permit holders for non-blacknose SCS and smoothhound in 
the Gulf of Mexico would be $89,909, while revenue from shark fins 
would be $55,450. Thus, potential total average annual gross revenues 
by each active directed permit holder for non-blacknose SCS in the Gulf 
of Mexico would be $29,072 ($17,982 + $11,090). Since there have been 
no landings of smoothhound sharks in the Gulf of Mexico, the annual 
gross revenue for the active directed permit holders would be zero. The 
potential annual gross revenues for the 29 active directed permit 
holders from aggregated LCS and hammerhead shark meat in the Atlantic 
would be $317,016, while revenue from shark fins would be $64,968. 
Thus, potential total average annual gross revenues by each active 
directed permit holder for aggregated LCS and hammerhead shark in the 
Atlantic would be $13,172 ($10,932 + $2,240). The potential annual 
gross revenues for the 22 active directed permit holders from non-
blacknose SCS and blacknose shark meat in the Atlantic would be 
$317,016, while revenue from shark fins would be $64,968. Thus, 
potential total average annual gross revenues by each active directed 
permit holder for non-blacknose SCS and blacknose shark in the Atlantic 
would be $22,548 ($20,337 + $2,211). The potential annual gross 
revenues for the 75 active directed permit holders from smoothhound 
shark meat in the Atlantic would be $1,985,794, while revenue from 
shark fins would be $182,058. Thus, potential total average annual 
gross revenues by each active directed permit holder for smoothhound 
shark in the Atlantic would be $28,905 ($26,477 + $2,427). The 
potential annual gross revenues for the 45 active directed permit 
holders from pelagic sharks (blue, porbeagle, shortfin mako and 
thresher sharks) meat would be $2,113,982, while revenue from shark 
fins would be $162,530. Thus, potential total average annual gross 
revenues by each active directed permit holder for pelagic sharks would 
be $50,589 ($46,977 + $3,612). Alternative 1a would likely result in 
neutral direct short- and long-term socioeconomic impacts because shark 
fishermen would continue to operate under current conditions, with 
shark fishermen continuing to fish at similar rates. The No Action 
alternative could also have neutral indirect impacts to those 
supporting the commercial shark fisheries, since the retention limits, 
and thus current fishing efforts, would not change under this 
alternative.
    Under Alternative 1b, NMFS would change the shark fishery-closure 
threshold to 90 percent of the available overall, regional, and/or sub-
regional quota. This alternative is likely to have neutral direct and 
indirect short- and long-term socioeconomic impacts because the base 
quotas would not change for any of the management groups and fishermen 
would still be limited in the total amount of sharks that could be 
harvested. This alternative could potentially lead to minor beneficial 
direct economic impacts if fishermen can land available quota that may 
have remained unharvested under the current 80-percent threshold. For 
example, in 2016, the quota for the aggregate LCS and blacktip 
management groups from the western Gulf of Mexico sub-region was 
underutilized by 241,579 lbs dw or 32 percent of the adjusted annual 
base quota, valued at $201,087 in potential ex-vessel revenue. Assuming 
all of this unharvested quota were caught, based on the 13 vessels that 
landed LCS in the western Gulf of Mexico sub-region, the individual 
vessel impact would be an approximate gain of $15,468 per year. This 
does not include incidental permit holders, who would receive a smaller 
amount per year. In the Atlantic, the blacknose shark management group 
was underutilized by 8,022 lbs dw or 23 percent of the quota, valued at 
$8,270 in potential ex-vessel revenue. Based on the 22 vessels that 
landed blacknose and non-blacknose SCS in the Atlantic region, the 
individual vessel impact would be an approximate gain of $276 per year. 
This does not include incidental permit holders, which would receive a 
smaller amount per year. Alternative 1b could also lead to minor 
adverse socioeconomic impacts in the short-term if the quotas are 
overharvested, which would lead to lower quotas the following year. In 
addition, this alternative could potentially lead to minor adverse 
socioeconomic impacts if

[[Page 8042]]

there is a large increase of landings combined with late dealer 
reporting, after the fishery is closed, that resulted in overharvest. 
For instance, the current 80-percent threshold has not been effective 
at closing in time to prevent overharvest of shark species that have 
small quotas, such as porbeagle sharks. As such, changing the percent 
closure threshold to 90 percent might be detrimental to the porbeagle 
shark fishery, as it may not provide sufficient buffer to prevent 
overharvest and fishery closures that occurred in 2013 and 2015. 
However, this negative impact would be only in the short-term as NMFS 
has the ability to monitor quotas on a weekly basis and promptly close 
the shark fishery.
    Under Alternative 1c, NMFS would change the shark fishery-closure 
threshold to 70 percent of the available overall, regional, and/or sub-
regional quota. This change would potentially leave a larger buffer for 
fishermen to complete trips and receive delayed dealer reports. It is 
likely the change in threshold to 70 percent would have neutral direct 
and indirect short- and long-term socioeconomic impacts since none of 
the commercial quotas are being changed and NMFS is not expecting an 
increase in effort or fishing. This alternative could potentially have 
minor adverse direct socioeconomic impacts if there is a large amount 
of underharvest remaining every year, after accounting for late dealer 
reports, that fishermen would no longer be able to harvest as compared 
to the No Action alternative. For instance, a 10-percent decrease in 
realized revenue for the western Gulf of Mexico blacktip, aggregated 
LCS, and hammerhead shark fisheries would equate to an approximate 
$66,303 (10 percent of $433,308 + $229,273) loss in ex-vessel revenue. 
Based on the 13 vessels that landed LCS in the western Gulf of Mexico 
sub-region, the individual vessel impact would be an approximate loss 
of $5,100 per year. This does not include incidental permit holders, 
which would receive a smaller amount per year. However, these would 
only be short-term losses because NMFS has achieved close to full quota 
utilization in recent years for some shark quotas.
    Under Alternative 1d, NMFS would change the shark fishery-closure 
threshold to 90 percent in the Atlantic Region, while maintaining the 
Gulf of Mexico closure threshold and overall non-regional threshold at 
80 percent. Alternative 1d provides some flexibility in assigning 
different closure thresholds between the Atlantic and Gulf of Mexico 
regions. In the Atlantic region, this alternative could potentially 
lead to minor beneficial direct economic impacts if fishermen can land 
available quota that may have remained unharvested under the current 
80-percent threshold. For instance, a 10-percent increase in realized 
revenue for the Atlantic aggregated LCS and hammerhead shark fisheries 
would equate to an approximate $38,198 (10 percent of $317,016 + 
$64,968) gain in ex-vessel revenue. Based on the 29 vessels that landed 
LCS in the Atlantic region, the individual vessel impact would be an 
approximate increase of $1,317 per year. This does not include 
incidental permit holders, which would receive a smaller amount per 
year. In the Gulf of Mexico region and for fisheries with no region, 
this alternative could likely result in neutral direct and indirect, 
short- and long-term socioeconomic impacts because shark fishermen 
would continue to operate under current conditions, with shark 
fishermen continuing to fish at similar rates. Impacts in the Gulf of 
Mexico would therefore be the same as those described in Alternative 
1a.
    Under Alternative 1e, when any shark fishery species and/or 
management group landings reach or are projected to reach 80 percent of 
the available overall, regional, and/or sub-regional quota, NMFS would 
evaluate the criteria before determining if a closure is needed at the 
80-percent threshold. This alternative would add additional flexibility 
to close a fishery depending on a set of criteria, helping to maximize 
management efficacy while preventing overharvest. If this increased 
flexibility in determining when to close a fishery leads to full quota 
utilization of management groups, while still preventing overharvest of 
shark fisheries, then fishermen could potentially see additional 
revenue from being able to land sharks that would otherwise have 
remained unharvested under the existing 80-percent threshold. For 
instance, a 20-percent increase in realized revenue for the Atlantic 
aggregated LCS and hammerhead shark fisheries would equate to an 
approximate $76,397 (20 percent of $317,016 + $64,968) gain in ex-
vessel revenue. Based on the 29 vessels that landed LCS in the Atlantic 
region, the individual vessel impact would be an approximate increase 
of $2,634 per year. This does not include incidental permit holders, 
who would receive a smaller amount per year. Based upon these criteria, 
the fishery could still operate similarly to the status quo 80-percent 
closure threshold, which would result in neutral socioeconomic impacts 
as described for Alternative 1a, the status quo alternative. As 
examples, if a shark species/management group quota reaches 80 percent 
by September 1, then NMFS would evaluate the criteria in Alternative 1e 
before determining if a closure is needed at the 80-percent threshold 
in the Gulf of Mexico and Atlantic regions. Based on criteria A (stock 
status of the relevant species or management group and any linked 
species and/or management groups) and C (continued landings after the 
Federal closure), NMFS would likely close the shark species/management 
group quota in the Gulf of Mexico. In the Atlantic region, NMFS would 
likely also close the shark species/management group quota based on 
criteria A since all of the shark species/management groups in the 
region have an overfished or unknown stock status. This would lead to 
neutral socioeconomic impacts in both regions since there would be no 
change from current regulations. If a shark species/management group 
quota reaches 80 percent by December 1, then NMFS would need to 
evaluate all of the criteria closely before implementing a closure in 
either the Gulf of Mexico or Atlantic region. A key criterion to 
evaluate is the likelihood of landings exceeding the quota by December 
31 of each year (Criteria E). In the Gulf of Mexico region, NMFS would 
also consider Criteria C (continued landings after the Federal closure) 
and how this would impact the fishery. In the Atlantic region, NMFS 
would likely keep the fishery open as long as landings are not 
projected to exceed the quota by the end of the year.
    Under Alternative 1f, the preferred alternative, NMFS would 
maintain the 80-percent closure threshold but allow a shark fishery to 
remain open after the fishery's landings have reached or are projected 
to reach 80 percent as long as landings are not projected to reach 100 
percent before the end of the fishing season. This alternative, similar 
to Alternatives 1d and 1e, would provide the flexibility of achieving 
full quota utilization while still preventing overharvest. This 
alternative could therefore lead to neutral socioeconomic impacts, 
similar to Alternative 1a, the status quo alternative, if the landings 
are projected to reach 100 percent before the end of the fishing 
season. As examples, if a shark species/management group landings reach 
80 percent by September 1, then NMFS would likely have to close the 
fishery if it was in either the Gulf of Mexico or Atlantic regions 
because the landings would likely reach 100 percent before the end of 
the fishing season. This would cause neutral socioeconomic impacts 
since it would be the status quo

[[Page 8043]]

for the fishery. If a shark species/management group landings reach 80 
percent by December 1, then NMFS would project whether the landings in 
the Gulf of Mexico and Atlantic regions would reach 100 percent before 
the end of the fishing season. If the landings would not reach 100 
percent before the end of the fishing season, then NMFS would keep the 
fishery open. Thus, this could lead to minor beneficial socioeconomic 
impacts because the quota could be fully utilized.
    Under Alternative 2a, NMFS would maintain the status quo and would 
not change the notice period of five days for the closure of a 
management group. This alternative would have no impact on the 
allowable level of fishing pressure, catch rates, or distribution of 
fishing effort. As such, it is likely that the No Action Alternative as 
well as this alternative in combination with any of the Alternatives 
1b, 1c, 1d, 1e, or 1f would have both neutral direct and indirect, 
short- and long-term socioeconomic impacts. If there is a large amount 
of landings made during the five-day notice and a later closure under 
Alternatives 1b, 1c, or 1d, then there could be the potential for minor 
beneficial socioeconomic impacts for those fisheries who have 
underutilized the quota in recent years. The majority of fishing trips 
for sharks are currently one day in length, so a five-day closure 
notice should not result in regulatory discards for these trips. 
However, this alternative could potentially result in interrupted 
fishing activities, potentially resulting in regulatory discards if 
trips were underway at the time of the notice of the closure. For 
instance, pelagic longline fishing vessels, which can take trips that 
last several weeks, may need to discard any dead sharks onboard and in 
their hold if the vessel is unable to land the sharks before the 
closure is effective. However, NMFS expects few dead discards as a 
result of closure notices given that NMFS has implemented several 
management measures that prohibit retention of some sharks (i.e., 
silky, oceanic whitetip, hammerhead sharks) on vessels with pelagic 
longline gear onboard. These management changes have made pelagic 
longline fishermen unlikely to land many sharks in recent years. In 
combination with all other alternatives (i.e., 1a, 1c, 1d, 1e, and 1f), 
except Alternative 1b, this alternative would allow fishermen to 
complete their fishing trips while still preventing overharvest. In 
combination with Alternative 1b (e.g., 90-percent closure threshold), 
there is a risk of overharvest if the landings rate was high before the 
closure date is effective and potential reduced quotas the following 
season.
    Under Alternative 2b, the preferred alternative, NMFS would change 
the minimum notice period to three days instead of the current five-day 
notice once the fisheries reached a landings threshold necessitating a 
closure. This change would allow more timely action in closing shark 
fisheries, helping to prevent overharvest. In combination with all 
other Alternatives (1a, 1b, 1d, 1e, and 1f), except Alternative 1c, 
this alternative would reduce the risk of exceeding the quota, 
especially if the landings rate was high before the closure date is 
effective. In combination with Alternative 1c (e.g., 70-percent closure 
threshold), this alternative would increase the risk of a significant 
underharvest and would cause minor adverse socioeconomic impacts. This 
alternative would have no impact on the allowable level of fishing 
pressure, catch rates, or distribution of fishing effort, as the 
commercial quotas would remain the same. Therefore, it is likely that 
this alternative would have both neutral direct and indirect, short- 
and long-term socioeconomic impacts. Because this alternative increases 
flexibility to close the fishery as needed while still preventing 
overharvest and allowing sufficient time for fishermen to complete 
trips underway at the time of the notice of the closure, NMFS prefers 
this alternative at this time. This alternative could potentially 
result in interrupted fishing activities for pelagic longline vessels, 
which generally take trips longer than nine days, potentially resulting 
in regulatory discards if trips were underway at the time of the 
closure. However, NMFS expects few dead discards as a result of the 
closure notice timing as most pelagic longline fishermen do not target 
sharks and are unlikely to land many sharks given recent management 
measures to reduce shark mortality on pelagic longline vessels. In 
addition, the preferred time before the closure is effective is well 
within the range of the current directed shark trip lengths (i.e., 1-2 
days).
    Under Alternative 2c, NMFS would change the timing of shark fishery 
species and/or management group closures to allow immediate closure 
upon filing of the closure notice with the Federal Register. This 
action would allow timely action in closing shark fisheries, helping to 
prevent overharvest. In combination with all other alternatives, this 
alternative would either reduce the risk of exceeding the quota (i.e., 
Alternatives 1a, 1b, 1d, 1e, and 1f) or increase the risk of a 
significant underharvest (i.e., Alternative 1c). Therefore, it is 
likely that this alternative would have both neutral direct and 
indirect, short- and long-term economic impacts. However, as described 
above, this alternative could potentially result in interrupted fishing 
activities with little or no warning to the regulated community, 
potentially resulting in regulatory discards, if trips were underway at 
the time of the notice of the closure, with associated loss of revenue. 
Additionally, HMS AP members from several states indicated that some 
states would have difficulty closing state water fisheries immediately.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations, Imports, 
Penalties, Reporting and recordkeeping requirements, Treaties.

    Dated: February 16, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 635 is 
proposed to be amended as follows:

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

0
1. The authority citation for part 635 continues to read as follows:

    Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.

0
2. In Sec.  635.24, revise paragraph (a)(8)(iii) to read as follows:


Sec.  635.24   Commercial retention limits for sharks, swordfish, and 
BAYS tunas.

* * * * *
    (a) * * *
    (8) * * *
    (iii) Estimated date of fishery closure based on when the landings 
are projected to reach 80 percent of the quota given the realized catch 
rates and whether they are projected to reach 100 percent before the 
end of the fishing season;
* * * * *
0
3. In Sec.  635.28, revise paragraphs (b)(2) and (b)(3) to read as 
follows:


Sec.  635.28  Fishery closures.

* * * * *
    (b) * * *
    (2) Non-linked quotas. If the overall, regional, and/or sub-
regional quota of a species or management group is not linked to 
another species or management group and that overall, regional, and/or 
sub-regional quota is available as specified by a publication in the 
Federal Register, then that overall, regional, and/or sub-regional

[[Page 8044]]

commercial fishery for the shark species or management group will open 
as specified in Sec.  635.27(b). When NMFS calculates that the overall, 
regional, and/or sub-regional landings for a shark species and/or 
management group, as specified in Sec.  635.27(b)(1), has reached or is 
projected to reach 80 percent of the applicable available overall, 
regional, and/or sub-regional quota as specified in Sec.  635.27(b)(1) 
and is projected to reach 100 percent of the relevant quota by the end 
of the fishing season, NMFS will file for publication with the Office 
of the Federal Register a notice of an overall, regional, and/or sub-
regional closure, as applicable, for that shark species and/or shark 
management group that will be effective no fewer than 3 days from date 
of filing. From the effective date and time of the closure until NMFS 
announces, via the publication of a notice in the Federal Register, 
that additional overall, regional, and/or sub-regional quota is 
available and the season is reopened, the overall, regional, and/or 
sub-regional fisheries for that shark species or management group are 
closed, even across fishing years.
    (3) Linked quotas. As specified in paragraph (b)(4) of this 
section, the overall, regional, and/or sub-regional quotas of some 
shark species and/or management groups are linked to the overall, 
regional, and/or sub-regional quotas of other shark species and/or 
management groups. For each pair of linked species and/or management 
groups, if the overall, regional, and/or sub-regional quota specified 
in Sec.  635.27(b)(1) is available for both of the linked species and/
or management groups as specified by a publication in the Federal 
Register, then the overall, regional, and/or sub-regional commercial 
fishery for both of the linked species and/or management groups will 
open as specified in Sec.  635.27(b)(1). When NMFS calculates that the 
overall, regional, and/or sub-regional landings for any species and/or 
management group of a linked group have reached or are projected to 
reach 80 percent of the applicable available overall, regional, and/or 
sub-regional quota as specified in Sec.  635.27(b)(1) and are projected 
to reach 100 percent of the relevant quota before the end of the 
fishing season, NMFS will file for publication with the Office of the 
Federal Register a notice of an overall, regional, and/or sub-regional 
closure for all of the species and/or management groups in that linked 
group that will be effective no fewer than 3 days from date of filing. 
From the effective date and time of the closure until NMFS announces, 
via the publication of a notice in the Federal Register, that 
additional overall, regional, and/or sub-regional quota is available 
and the season is reopened, the overall, regional, and/or sub-regional 
fishery for all species and/or management groups in that linked group 
is closed, even across fishing years.
* * * * *
[FR Doc. 2018-03688 Filed 2-22-18; 8:45 am]
BILLING CODE 3510-22-P



                                                                         Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Proposed Rules                                          8037

                                                 if the annual commercial halibut catch                  for the GOA and BSAI IFQ regulatory                     Instructions: Comments sent by any
                                                 limit, as defined in § 300.61 of this title,            areas, except that:                                   other method, to any other address or
                                                 for Area 4CDE is less than 1.5 million                  *     *    *     *  *                                 individual, or received after the end of
                                                 pounds in that calendar year.                           [FR Doc. 2018–03548 Filed 2–22–18; 8:45 am]           the comment period, may not be
                                                    (3) A QS holder must meet the                        BILLING CODE 3510–22–P                                considered by NMFS. All comments
                                                 requirements in paragraph (c)(13) of this                                                                     received are a part of the public record
                                                 section to transfer halibut IFQ assigned                                                                      and generally will be posted for public
                                                 to vessel categories B, C, or D in IFQ                  DEPARTMENT OF COMMERCE                                viewing on www.regulations.gov
                                                 regulatory areas 4B, 4C, or 4D to a CDQ                                                                       without change. All personal identifying
                                                 group.                                                  National Oceanic and Atmospheric                      information (e.g., name, address, etc.),
                                                                                                         Administration                                        confidential business information, or
                                                    (4) A CDQ group that receives halibut
                                                 IFQ by transfer may not transfer that                                                                         otherwise sensitive information
                                                                                                         50 CFR Part 635                                       submitted voluntarily by the sender will
                                                 halibut IFQ to any other person.
                                                                                                         [Docket No. 170703617–8097–01]                        be publicly accessible. NMFS will
                                                 ■ 6. In § 679.42:
                                                                                                                                                               accept anonymous comments (enter ‘‘N/
                                                 ■ a. Revise paragraph (a)(1);                           RIN 0648–BG97                                         A’’ in the required fields if you wish to
                                                 ■ b. Remove paragraph (a)(2)(i);                                                                              remain anonymous).
                                                 ■ c. Redesignate paragraphs (a)(2)(ii)
                                                                                                         Atlantic Highly Migratory Species;
                                                                                                         Proposed Rule To Revise Atlantic                        NMFS will hold one public hearing
                                                 through (iv) as paragraphs (a)(2)(i)                                                                          via conference call on this proposed
                                                 through (iii);                                          Shark Fishery Closure Regulations
                                                                                                                                                               rule. For specific locations, dates and
                                                 ■ d. Add paragraph (a)(2)(iv); and                      AGENCY:  National Marine Fisheries                    times, see the SUPPLEMENTARY
                                                 ■ e. Revise paragraphs (h)(1)                           Service (NMFS), National Oceanic and                  INFORMATION section of this document.
                                                 introductory text and (h)(2) introductory               Atmospheric Administration (NOAA),                      Copies of the supporting documents,
                                                 text to read as follows:                                Commerce.                                             including the draft Environmental
                                                                                                         ACTION: Proposed rule; request for                    Assessment (EA), Regulatory Impact
                                                 § 679.42   Limitations on use of QS and IFQ.            comments.                                             Review (RIR), Initial Regulatory
                                                   (a) * * *                                                                                                   Flexibility Analysis (IRFA), and the
                                                                                                         SUMMARY:   NMFS is proposing to revise                2006 Consolidated Atlantic Highly
                                                   (1) The QS or IFQ specified for one
                                                                                                         the current closure regulations for                   Migratory Species (HMS) Fishery
                                                 IFQ regulatory area must not be used in
                                                                                                         commercial shark fisheries. These                     Management Plan (FMP) and
                                                 a different IFQ regulatory area, except
                                                                                                         changes would affect commercial shark                 amendments are available from the
                                                 for the following:
                                                                                                         fisheries in the Atlantic Ocean                       HMS website at http://
                                                   (i) All or part of the QS and IFQ                     including the Gulf of Mexico and
                                                 specified for regulatory area 4C may be                                                                       www.nmfs.noaa.gov/sfa/hms/ or by
                                                                                                         Caribbean. Proposed revisions include                 contacting Lauren Latchford at 301–
                                                 harvested in either Area 4C or Area 4D.                 changes to the landings threshold that
                                                   (ii) All or part of the halibut CDQ                                                                         427–8503.
                                                                                                         prompts a closure and the minimum
                                                 specified for regulatory area 4D may be                 time between filing of the closure with               FOR FURTHER INFORMATION CONTACT:
                                                 harvested in either Area 4D or Area 4E.                 the Federal Register and the closure                  Lauren Latchford, Guý DuBeck, Gray
                                                   (iii) If a CDQ group is authorized to                 becoming effective. This action is                    Redding, or Karyl Brewster-Geisz by
                                                 receive a transfer of halibut IFQ                       necessary to allow more flexibility when              phone at 301–427–8503 or Delisse Ortiz
                                                 assigned to vessel categories B, C, or D                closing shark fisheries and to facilitate             at 240–681–9037.
                                                 in IFQ regulatory area 4D as specified in               the use of available quota while still                SUPPLEMENTARY INFORMATION:     Atlantic
                                                 § 679.41(o) of this part, all or part of the            preventing overharvests.                              sharks are directly managed under the
                                                 halibut IFQ specified for regulatory area               DATES: Written comments must be                       authority of the Magnuson-Stevens
                                                 4D that is held by or transferred to a                  received March 26, 2018, NMFS will                    Fishery Conservation and Management
                                                 CDQ group may be harvested in either                    hold an operator-assisted public hearing              Act (Magnuson-Stevens Act). NMFS
                                                 Area 4D or Area 4E.                                     via conference call and webinar for this              published in the Federal Register (71
                                                   (2) * * *                                             proposed rule on March 2, 2018, from                  FR 59058, October 2, 2006) final
                                                 *      *      *    *     *                              10 a.m. to 12 p.m. For specific locations,            regulations, effective November 1, 2006,
                                                   (iv) Halibut IFQ assigned to vessel                   dates and times, see the SUPPLEMENTARY                implementing the 2006 Consolidated
                                                 category B, C, or D held by a CDQ group                 INFORMATION section of this document.                 HMS FMP, which details management
                                                 may not be used on a vessel over 51 feet                ADDRESSES: You may submit comments                    measures for Atlantic HMS fisheries.
                                                 LOA, irrespective of the vessel category                on this document, identified by NOAA–                 The implementing regulations for the
                                                 assigned to the IFQ.                                    NMFS–2017–0070, by any of the                         2006 Consolidated HMS FMP and its
                                                 *      *      *    *     *                              following methods:                                    amendments are at 50 CFR part 635.
                                                                                                            • Electronic Submission: Submit all                This proposed rule considers modifying
                                                   (h) * * *                                                                                                   the current regulations related to
                                                                                                         electronic public comments via the
                                                   (1) Halibut. No vessel may be used,                   Federal e-Rulemaking Portal. Go to                    closures for commercial shark fisheries.
                                                 during any fishing year, to harvest more                www.regulations.gov/#!docketDetail;D=
                                                 halibut IFQ than one-half percent of the                                                                      Background
                                                                                                         NOAA-NMFS-2017-0070, click the
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 combined total catch limits of halibut                  ‘‘Comment Now!’’ icon, complete the                      A brief summary of the background of
                                                 for IFQ regulatory areas 2C, 3A, 3B, 4A,                required fields, and enter or attach your             this proposed action is provided below.
                                                 4B, 4C, 4D, and 4E, except that:                        comments.                                             Additional information regarding
                                                 *      *      *    *     *                                 • Mail: Submit written comments to                 Atlantic HMS management, specifically
                                                    (2) Sablefish. No vessel may be used,                Margo Schulze-Haugen, Chief, Atlantic                 the commercial fisheries season
                                                 during any fishing year, to harvest more                HMS Management Division at 1315                       structure, can be found in the Draft EA
                                                 sablefish IFQ than one percent of the                   East-West Highway, Silver Spring, MD                  for this proposed action and the 2006
                                                 combined fixed gear TAC of sablefish                    20910.                                                Consolidated HMS FMP and its


                                            VerDate Sep<11>2014   17:44 Feb 22, 2018   Jkt 244001   PO 00000   Frm 00025   Fmt 4702   Sfmt 4702   E:\FR\FM\23FEP1.SGM   23FEP1


                                                 8038                    Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Proposed Rules

                                                 amendments, found online at http://                     and may not need the full five-day                    quota. Alternative 1c would change the
                                                 www.nmfs.noaa.gov/sfa/hms/.                             notice.                                               shark fishery-closure threshold to 70
                                                    NMFS initially required Federally-                      Since 2010, NMFS has received                      percent of the available applicable
                                                 permitted dealers to report to NMFS                     numerous comments at several HMS                      overall, regional, and/or sub-regional
                                                 every two weeks to effectively monitor                  Advisory Panel (AP) meetings and                      quota. Alternative 1d would increase
                                                 quotas and close the shark fisheries                    during various rulemakings on                         the shark fishery-closure threshold to 90
                                                 when necessary to avoid exceeding the                   commercial shark management                           percent in the Atlantic Region, while
                                                 quotas. Because these reports were                      requesting that NMFS modify the                       maintaining the Gulf of Mexico closure
                                                 paper-based and had to be mailed, the                   current 80-percent threshold.                         threshold and overall non-regional
                                                 data NMFS used to monitor the fisheries                    At the September 2017 HMS Advisory                 threshold at 80 percent. Alternative 1e
                                                 were often a month or more out of date.                 Panel Meeting, some Panel members                     would establish objective criteria to
                                                    As established in Amendment 2 to the                 suggested that NMFS consider                          evaluate whether a shark species and/or
                                                 2006 Consolidated HMS FMP                               maintaining the existing 80-percent                   management group should be closed
                                                 (Amendment 2), the Atlantic shark                       closure threshold as a precautionary                  when the relevant landings reach, or are
                                                 commercial fisheries season structure is                approach; raising the threshold to 90                 projected to reach, 80 percent of the
                                                 managed with one fishing ‘‘season’’ that                percent only in the Atlantic region and               available applicable overall, regional,
                                                 lasts the entire calendar year, beginning               maintaining the 80-percent threshold in               and/or sub-regional quota, or allowed to
                                                 January 1 and closing on December 31,                   the Gulf of Mexico region; and                        remain open until 90 percent of the
                                                 unless otherwise provided in an                         determining closure thresholds for each               available applicable overall, regional,
                                                 inseason action or other rule. NMFS                     region and/or management group based                  and/or sub-regional quota is reached.
                                                 closes a shark fishery when it calculates               on the stock status and characteristics of            These criteria include: (A) The stock
                                                                                                         the fishery. Additionally, some Panel                 status of the relevant species or
                                                 that the applicable overall, regional,
                                                                                                         members commented that immediate                      management group and any linked
                                                 and/or sub-regional landings for the
                                                                                                         closure at any quota threshold is                     species and/or management groups; (B)
                                                 species or management group has
                                                                                                         infeasible given that some state                      The patterns of over- and underharvest
                                                 reached or is projected to reach 80
                                                                                                         regulations provide more than 24 hours                in the fishery over the previous five
                                                 percent of the available applicable
                                                                                                         of notice before closing a fishery.                   years; (C) The likelihood of continued
                                                 quota. Once closed, current regulations
                                                                                                         Therefore, requesting immediate closure               landings after the Federal closure of the
                                                 do not provide for re-opening the
                                                                                                         can cause confusion in fisheries that                 fishery; (D) The effects of the closure on
                                                 fishery.
                                                                                                         occur in both state and Federal waters.               accomplishing the objectives of the 2006
                                                    When the 80-percent landings                         Other Panel members suggested
                                                 threshold was established in                                                                                  Consolidated HMS FMP and its
                                                                                                         examining closure notice periods that
                                                 Amendment 2, all Federal shark dealers                                                                        amendments; (E) The likelihood of
                                                                                                         are longer than five days.
                                                 reported on a biweekly basis on paper                                                                         landings exceeding the quota by
                                                                                                            As described above, both the 80-
                                                 reports. This 80-percent threshold was                  percent threshold and five-day notice                 December 31 of each year; and (F) The
                                                 meant to account for the delay in data                  requirement for commercial shark                      impacts of the closure on the catch rates
                                                 entry from the paper reports, landings                  fisheries went into effect before                     of other shark management groups,
                                                 that occurred during the five-day notice                electronic dealer reporting and before                including likelihood of an increase in
                                                 period, state water landings continuing                 the impacts of Amendment 2 on fishing                 dead discards. Under Alternative 1f, the
                                                 to occur after a Federal closure, delayed               behavior, including trip lengths, were                preferred alternative, when NMFS
                                                 landing reports from state only dealers,                fully understood. This proposed rule                  calculates that landings have reached, or
                                                 and the potential for late dealer                       considers modifying the five-day notice               are projected to reach, 80 percent of the
                                                 reporting. However, since January 1,                    and 80-percent threshold with the goal                available applicable overall, regional,
                                                 2013 (77 FR 47303; August 8, 2012), all                 of more fully utilizing available quota               and/or sub-regional quota, NMFS will
                                                 Atlantic HMS Federal dealers have been                  while also avoiding overharvests in                   determine whether landings are
                                                 required to report commercial harvests                  these fisheries.                                      projected to reach 100 percent of the
                                                 of sharks, swordfish, and bigeye,                          NMFS prepared a draft EA, RIR, and                 relevant quota before the end of the
                                                 albacore, yellowfin, and skipjack                       an IRFA, which present and analyze the                fishing season (December 31). If so,
                                                 (BAYS) tunas on a weekly basis through                  anticipated environmental, social, and                NMFS will close the fishery through
                                                 a NMFS-approved electronic dealer                       economic impacts of each alternative                  publication in the Federal Register with
                                                 reporting system (eDealer). Most states                 considered for this proposed rule. The                the appropriate notice. If not, the fishery
                                                 also require all state-registered dealers               complete list of alternatives and related             will continue to remain open, and
                                                 to report electronically; however, there                analyses are provided in the draft EA/                NMFS will update the public about the
                                                 are some states that still allow for paper              RIR/IRFA and are not repeated here in                 landings levels in its next monthly
                                                 reports, and some states require                        its entirety. A copy of the draft EA/RIR/             shark landings update listserv notice.
                                                 reporting once a month rather than                      IRFA prepared for this proposed                          Alternative 2a, the No Action
                                                 weekly. Overall, electronic dealer                      rulemaking is available from NMFS (see                alternative, would maintain the five-day
                                                 reporting has resulted in more timely                   ADDRESSES).                                           period between filing of the closure
                                                 data on landings.                                          NMFS considered six alternatives for               notice with the Office of the Federal
                                                    Current regulations provide that any                 the shark fishery-closure threshold and               Register and the closure going into
                                                 shark fishery closure is effective no less              three alternatives for the shark fishery-             effect. Alternative 2b, the preferred
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                                                 than five days from notice of filing with               closure notice period.                                alternative, would change the minimum
                                                 the Office of the Federal Register. This                   Alternative 1a, the No Action                      notice time between filing of the closure
                                                 minimum notice period was established                   alternative, would maintain the 80-                   notice with the Office of the Federal
                                                 to allow fishermen to complete their trip               percent threshold for shark fishery                   Register and the closure going into effect
                                                 and land a portion of the remaining                     closures. Alternative 1b would change                 to three days. Alternative 2c would
                                                 quota. As a result of changes in                        the shark fishery-closure threshold to 90             allow immediate closure of a shark
                                                 Amendment 2, however, most shark                        percent of the available applicable                   fishery upon filing of the closure notice
                                                 fishermen now take one or two day trips                 overall, regional, and/or sub-regional                with the Office of the Federal Register.


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                                                                         Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Proposed Rules                                          8039

                                                    Alternative 1f, the preferred                        instead of the current five-day notice                two other alternatives regarding the
                                                 alternative, would provide additional                   once landings reach a threshold                       timing for a closure notice (Alternatives
                                                 flexibility to achieve full quota                       necessitating a closure. According to the             2a and 2c). At this time, NMFS does not
                                                 utilization while still preventing                      data presented in Amendment 2,                        prefer any of those alternatives. NMFS
                                                 overharvest of the quota. This                          historically, shark-fishing trips were up             does not prefer Alternative 1a (No
                                                 alternative would also provide the                      to nine days in length. In the directed               Action Alternative) because this
                                                 flexibility to account for differences in               shark fishery, recent observer reports                alternative could continue to leave some
                                                 regional reporting when monitoring                      show that most shark fishermen take                   of the shark quotas underutilized.
                                                 quotas and the ability to close in time                 trips of one or two days, and likely do               NMFS does not prefer Alternative 1b or
                                                 to ensure the quota is not exceeded. For                not need the full five-day notice in order            1d because increasing the closure
                                                 instance, regions that are more timely in               to land all sharks before the closure date            threshold to 90 percent in either all (1b)
                                                 their reporting and have few landings                   is effective. As such, this alternative               or part (1d) of the region would increase
                                                 after Federal closures (i.e., Atlantic                  should not interfere with directed shark              the potential for overharvest. NMFS
                                                 region) could remain open for the                       trips already underway at the time of                 does not prefer Alternative 1c because
                                                 remainder of the season while other                     closure, but may have impacts on                      of the potential for underharvest in the
                                                 regions (i.e., Gulf of Mexico) that have                pelagic longline trips that may last                  shark fisheries. NMFS does not prefer
                                                 landings after a Federal closure and/or                 several weeks. This alternative would
                                                                                                                                                               Alternative 1e because the additional
                                                 delays in reported landings from state-                 allow more timely action in closing
                                                                                                                                                               inseason action required to assess these
                                                 water vessels may need to be closed.                    shark fisheries, helping to prevent
                                                                                                                                                               criteria and carry out this alternative
                                                 This alternative would likely have both                 overharvests.
                                                 neutral direct and indirect short- and                     Specifically, in combination with                  would unnecessarily complicate the
                                                 long-term ecological impacts on the                     Alternative 1f, Alternative 2b would                  closure procedures and possibly confuse
                                                 shark fishery because it would not be                   reduce the risk of exceeding the quota,               the regulated community given past,
                                                 expected to have any impacts on the                     especially if landings rates are high                 relatively simple protocols for shark
                                                 allowable level of fishing pressure,                    before the closure date is effective. This            fishery closures. NMFS does not prefer
                                                 catch rates, or distribution of fishing                 alternative would likely have both                    Alternative 2a (No Action Alternative)
                                                 effort otherwise authorized under                       neutral direct and indirect short- and                because this alternative does not
                                                 actions that had assumed full utilization               long-term ecological impacts to shark                 increase flexibility in NMFS’ ability to
                                                 of the quota when analyzed. This                        stocks because the allowable level of                 manage the shark fisheries in a timely
                                                 alternative would allow increased quota                 fishing pressure, catch rates,                        manner. NMFS does not prefer
                                                 utilization by keeping the fishery open                 distribution of fishing effort, and                   Alternative 2c (change the timing of
                                                 as long as available quotas are not                     commercial quotas would remain the                    shark fishery species and or
                                                 projected to be exceeded before the end                 same as otherwise authorized under                    management groups closures to allow
                                                 of the season. This alternative could,                  actions that had assumed full utilization             for immediate closure upon filing of the
                                                 therefore, lead to neutral socioeconomic                of the quota when analyzed. This                      closure notice with the Federal
                                                 impacts, similar to Alternative 1a, the                 alternative could potentially result in               Register) as this alternative could result
                                                 status quo alternative, if the fishery is               interrupted fishing activities for longer             in interrupted fishing activities with
                                                 projected to reach 100 percent before                   fishing trips, potentially resulting in               little or no warning, potentially
                                                 the end of the fishing season. If NMFS                  regulatory discards and minor adverse                 increasing regulatory discards if trips
                                                 determined that a quota was not                         socioeconomic impacts if trips were                   were underway at the time of the notice
                                                 projected to reach 100 percent before                   underway at the time of the notice of the             of the closure. Regarding Alternative 2c,
                                                 the end of the fishing season, then the                 closure. For instance, pelagic longline               at the HMS AP meeting in September
                                                 fishery would remain open under this                    fishing vessels, which can take trips that            2017, NMFS received comments from
                                                 alternative. Thus, in some scenarios,                   last several weeks, may need to discard               the Panel members who indicated that
                                                 this alternative could lead to minor                    any dead sharks onboard and in their                  immediate closure (Alternative 2c) is
                                                 beneficial direct socioeconomic impacts                 hold if the vessel is unable to land the              infeasible given that most states provide
                                                 since the quota could be fully utilized.                sharks before the closure is effective.               more than 24 hours of notice before
                                                    In combination with any of the                       However, NMFS expects few dead                        closing a fishery.
                                                 notification alternatives (five-day notice,             discards and potential lost revenue as a
                                                 three-day notice, or immediate closure)                 result of closure notice timing as most               Public Hearing
                                                 NMFS expects Alternative 1f would                       pelagic longline fishermen do not target
                                                 have neutral direct and indirect short-                 sharks and are unlikely to land many                    Comments on this proposed rule may
                                                 and long-term ecological impacts to the                 sharks given recent management                        be submitted via http://
                                                 shark fishery as shark quotas would                     measures to reduce shark mortality on                 www.regulations.gov, mail, or fax and
                                                 remain unchanged, leaving the fishery                   pelagic longline vessels. Because this                comments may also be submitted at a
                                                 to operate under the current conditions.                alternative would increase flexibility to             public hearing. NMFS solicits
                                                 This alternative would support full                     close the fishery as needed while still               comments on this proposed rule
                                                 quota utilization while preventing                      preventing overharvest of the quota and               through March 26, 2018. During the
                                                 overharvest of the quota. Given the                     allowing sufficient time for most                     comment period, NMFS will hold one
                                                 flexibility and responsiveness this                     fishermen to complete trips underway at               conference call for this proposed rule.
                                                 alternative would provide, combined                     the time of the notice of the closure,                The hearing locations will be physically
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                                                 with neutral ecological impacts to the                  NMFS prefers this alternative at this                 accessible to people with disabilities.
                                                 fishery stocks, NMFS prefers this                       time.                                                 Requests for sign language
                                                 alternative at this time.                                  As described above, NMFS also                      interpretation or other auxiliary aids
                                                    Under Alternative 2b, the preferred                  considered five other alternatives                    should be directed to Gray Redding at
                                                 alternative, NMFS would change the                      regarding the threshold for closure                   301–427–8503, at least 7 days prior to
                                                 minimum notice period to three days                     (Alternatives 1a, 1b, 1c, 1d, and 1e) and             the meeting.




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                                                 8040                        Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Proposed Rules

                                                                                  TABLE 1—DATE AND TIME OF UPCOMING PUBLIC HEARING CONFERENCE CALL
                                                                    Venue                                       Date/time                                         Location contact information

                                                 Conference call ...............................   March 2, 2018, 10 a.m.–12 p.m. ...       To participate in conference call, call: (888) 946–7204.
                                                                                                                                            Passcode: 1023240.
                                                                                                                                            To participate in webinar, RSVP at: https://noaaevents2.webex.com/
                                                                                                                                              noaaevents2/onstage/g.php?MTID=e8805cc4b96307b6f3ad888
                                                                                                                                              ac845a0e6f. A confirmation email with webinar log-in information
                                                                                                                                              will be sent after RSVP is registered.



                                                   The public is reminded that NMFS                           given fishery closure while avoiding                  as of October 2016. Not all permit
                                                 expects participants at the public                           under- and overharvest.                               holders are active in the shark fishery in
                                                 hearings to conduct themselves                                  Section 603(b)(2) requires Agencies to             any given year. Active directed permit
                                                 appropriately. At the beginning of the                       describe the objectives of the proposed               holders are defined as those with valid
                                                 conference call, the moderator will                          rule. NMFS has identified the following               permits that landed one shark, based on
                                                 explain how the conference call will be                      objectives, which are consistent with                 HMS electronic dealer reports. Of those
                                                 conducted and how and when attendees                         existing statutes such as the Magnuson-               223 commercial directed limited access
                                                 can provide comments. The NMFS                               Stevens Act and its objectives, with                  permit holders, 29, or 13 percent of
                                                 representative will attempt to structure                     regard to this proposed action:                       permit holders, landed large coastal
                                                 the meeting so that all the attending                           • Maintaining optimum yield for all                sharks (LCS) and 22, or 10 percent of
                                                 members of the public will be able to                        shark fishery species and/or                          permit holders, landed small coastal
                                                 comment, if they so choose, regardless                       management groups; and                                sharks (SCS) in the Atlantic. In the Gulf
                                                 of the controversial nature of the                              • Establishing an appropriate length               of Mexico region, 13, or 6 percent of
                                                 subject(s). Attendees are expected to                        of public notice for a fishery closure.               permit holders, landed LCS in the
                                                 respect the ground rules, and, if they do                       Section 603(b)(3) of the Regulatory                western sub-region; 8, or 4 percent of
                                                 not they may be asked to leave the                           Flexibility Act requires Agencies to                  the permit holders, landed LCS in the
                                                 hearing or may not be allowed to speak                       provide an estimate of the number of                  eastern sub-region; and 5, or 2 percent
                                                 during the conference call.                                  small entities to which the rule would                of permit holders, landed SCS
                                                                                                              apply. The Small Business                             throughout the region. Of directed
                                                 Classification                                               Administration (SBA) has established                  limited access permit holders, 45, or 20
                                                    Pursuant to the Magnuson-Stevens                          size criteria for all major industry                  percent, landed pelagic sharks. Of the
                                                 Act, the NMFS Assistant Administrator                        sectors in the United States, including               142 open-access smoothhound shark
                                                 has determined that the proposed rule is                     fish harvesters. Provision is made under              permit holders, 75, or 53 percent of
                                                 consistent with the 2006 Consolidated                        the SBA’s regulations for an agency to                permit holders, landed sharks in the
                                                 HMS FMP and its amendments, other                            develop its own industry-specific size                Atlantic region. NMFS has determined
                                                 provisions of the Magnuson-Stevens                           standards after consultation with                     that the proposed rule would not likely
                                                 Act, and other applicable law, subject to                    Advocacy and an opportunity for public                affect any small governmental
                                                 further consideration after public                           comment (see 13 CFR 121.903(c)).                      jurisdictions.
                                                 comment.                                                     Under this provision, NMFS may                           Section 603(b)(4) of the RFA requires
                                                                                                              establish size standards that differ from             Agencies to describe any new reporting,
                                                    This proposed rule has been
                                                                                                              those established by the SBA Office of                record-keeping and other compliance
                                                 determined to be not significant for
                                                                                                              Size Standards, but only for use by                   requirements. The action does not
                                                 purposes of Executive Order 12866.
                                                                                                              NMFS and only for the purpose of                      contain any new collection of
                                                    This proposed rule is expected to be                      conducting an analysis of economic                    information, reporting, or record-
                                                 an Executive Order 13771 deregulatory                        effects in fulfillment of the agency’s                keeping requirements. The alternatives
                                                 action.                                                      obligations under the RFA. To utilize                 considered would review and modify
                                                    An IRFA was prepared, as required by                      this provision, NMFS must publish such                the percent landings threshold that
                                                 section 603 of the Regulatory Flexibility                    size standards in the Federal Register                prompts a shark fishery closure, and the
                                                 Act (RFA). The IRFA describes the                            (FR), which NMFS did on December 29,                  length of time between public notice
                                                 economic impact this proposed rule                           2015 (80 FR 81194). In this final rule                and the effective date of a given fishery
                                                 would have on small entities if adopted.                     effective on July 1, 2016, NMFS                       closure with the goal of avoiding under-
                                                 A description of the action, why it is                       established a small business size                     and overharvests in these fisheries.
                                                 being considered, and the legal basis for                    standard of $11 million in annual gross                  Under section 603(b)(5) of the RFA,
                                                 this action are contained below. A                           receipts for all businesses in the                    agencies must identify, to the extent
                                                 summary of the analysis follows. A copy                      commercial fishing industry (NAICS                    practicable, relevant Federal rules
                                                 of this analysis is available from NMFS                      11411) for RFA compliance purposes.                   which duplicate, overlap, or conflict
                                                 (see ADDRESSES).                                             NMFS considers all HMS permit                         with the proposed rule. Fishermen,
                                                    Section 603(b)(1) requires Agencies to                    holders to be small entities because they             dealers, and managers in these fisheries
                                                 describe reasons why the action is being                     all had average annual receipts of less               must comply with a number of
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                                                 considered. The purpose of this                              than $11 million for commercial fishing.              international agreements, domestic
                                                 proposed action is to consider                                  The proposed rule would apply to the               laws, and fishery management
                                                 modifications to the percent landings                        approximately 496 commercial limited                  measures. These include the Magnuson-
                                                 threshold to a level that allows                             access permit holders in the Atlantic                 Stevens Act, the Atlantic Tunas
                                                 fishermen to utilize the full quota while                    shark fishery (223 directed and 271                   Convention Act (ATCA), the High Seas
                                                 avoiding under- and overharvest, and to                      incidental permits) and 142 open access               Fishing Compliance Act, the Marine
                                                 determine a length of time between                           smoothhound shark permit holders,                     Mammal Protection Act, the Endangered
                                                 public notice and the effective date of a                    based on an analysis of permit holders                Species Act (ESA), the National


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                                                                         Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Proposed Rules                                          8041

                                                 Environmental Policy Act, the                           revenues by each active directed permit               from shark fins would be $162,530.
                                                 Paperwork Reduction Act, and the                        holder for blacktip, aggregated LCS, and              Thus, potential total average annual
                                                 Coastal Zone Management Act. This                       hammerhead shark landings in the                      gross revenues by each active directed
                                                 proposed rule has been determined not                   western Gulf of Mexico sub-region                     permit holder for pelagic sharks would
                                                 to duplicate, overlap, or conflict with                 would be $51,002 ($33,331 + $17,671).                 be $50,589 ($46,977 + $3,612).
                                                 any Federal rules.                                      The potential annual gross revenues for               Alternative 1a would likely result in
                                                    One of the requirements of an IRFA is                the 8 active directed permit holders                  neutral direct short- and long-term
                                                 to describe any alternatives to the                     from blacktip, aggregated LCS, and                    socioeconomic impacts because shark
                                                 proposed rule which accomplish the                      hammerhead shark meat in the eastern                  fishermen would continue to operate
                                                 stated objectives and which minimize                    Gulf of Mexico sub-region would be                    under current conditions, with shark
                                                 any significant economic impacts. These                 $169,206, while revenue from shark fins               fishermen continuing to fish at similar
                                                 impacts are discussed below.                            would be $88,058. Thus, potential total               rates. The No Action alternative could
                                                 Additionally, the RFA (5 U.S.C. 603                     average annual gross revenues by each                 also have neutral indirect impacts to
                                                 (c)(1)–(4)) lists four general categories of            active directed permit holder for                     those supporting the commercial shark
                                                 ‘‘significant’’ alternatives that would                 blacktip, aggregated LCS, and                         fisheries, since the retention limits, and
                                                 assist an agency in the development of                  hammerhead shark landings in the Gulf                 thus current fishing efforts, would not
                                                 significant alternatives. These categories              of Mexico region would be $32,158                     change under this alternative.
                                                 of alternatives are: (1) Establishment of               ($21,151 + $11,007). The potential                       Under Alternative 1b, NMFS would
                                                 differing compliance or reporting                       annual gross revenues for the 5 active                change the shark fishery-closure
                                                 requirements or timetables that take into               directed permit holders for non-                      threshold to 90 percent of the available
                                                 account the resources available to small
                                                                                                         blacknose SCS and smoothhound in the                  overall, regional, and/or sub-regional
                                                 entities; (2) clarification, consolidation,
                                                                                                         Gulf of Mexico would be $89,909, while                quota. This alternative is likely to have
                                                 or simplification of compliance and
                                                                                                         revenue from shark fins would be                      neutral direct and indirect short- and
                                                 reporting requirements under the rule
                                                                                                         $55,450. Thus, potential total average                long-term socioeconomic impacts
                                                 for such small entities; (3) use of
                                                                                                         annual gross revenues by each active                  because the base quotas would not
                                                 performance rather than design
                                                                                                         directed permit holder for non-                       change for any of the management
                                                 standards; and (4) exemptions from
                                                                                                         blacknose SCS in the Gulf of Mexico                   groups and fishermen would still be
                                                 coverage of the rule, or any part thereof,
                                                                                                         would be $29,072 ($17,982 + $11,090).                 limited in the total amount of sharks
                                                 for small entities.
                                                    NMFS examined each of these                          Since there have been no landings of                  that could be harvested. This alternative
                                                 categories of alternatives. Regarding the               smoothhound sharks in the Gulf of                     could potentially lead to minor
                                                 first, second, and fourth categories,                   Mexico, the annual gross revenue for the              beneficial direct economic impacts if
                                                 NMFS cannot establish differing                         active directed permit holders would be               fishermen can land available quota that
                                                 compliance requirements for small                       zero. The potential annual gross                      may have remained unharvested under
                                                 entities or exempt small entities from                  revenues for the 29 active directed                   the current 80-percent threshold. For
                                                 coverage of the rule or parts of it                     permit holders from aggregated LCS and                example, in 2016, the quota for the
                                                 because all of the businesses impacted                  hammerhead shark meat in the Atlantic                 aggregate LCS and blacktip management
                                                 by this rule are considered small entities              would be $317,016, while revenue from                 groups from the western Gulf of Mexico
                                                 and thus the requirements are already                   shark fins would be $64,968. Thus,                    sub-region was underutilized by
                                                 designed for small entities. NMFS does                  potential total average annual gross                  241,579 lbs dw or 32 percent of the
                                                 not know of any performance or design                   revenues by each active directed permit               adjusted annual base quota, valued at
                                                 standards that would satisfy the                        holder for aggregated LCS and                         $201,087 in potential ex-vessel revenue.
                                                 objectives of this rulemaking while,                    hammerhead shark in the Atlantic                      Assuming all of this unharvested quota
                                                 concurrently, complying with the                        would be $13,172 ($10,932 + $2,240).                  were caught, based on the 13 vessels
                                                 Magnuson-Stevens Act. As described                      The potential annual gross revenues for               that landed LCS in the western Gulf of
                                                 below, NMFS analyzed several different                  the 22 active directed permit holders                 Mexico sub-region, the individual vessel
                                                 alternatives in this proposed rulemaking                from non-blacknose SCS and blacknose                  impact would be an approximate gain of
                                                 and provides rationales for identifying                 shark meat in the Atlantic would be                   $15,468 per year. This does not include
                                                 the preferred alternatives to achieve the               $317,016, while revenue from shark fins               incidental permit holders, who would
                                                 desired objectives.                                     would be $64,968. Thus, potential total               receive a smaller amount per year. In
                                                    The alternatives considered and                      average annual gross revenues by each                 the Atlantic, the blacknose shark
                                                 analyzed are described below. The IRFA                  active directed permit holder for non-                management group was underutilized
                                                 assumes that each vessel will have                      blacknose SCS and blacknose shark in                  by 8,022 lbs dw or 23 percent of the
                                                 similar catch and gross revenues to                     the Atlantic would be $22,548 ($20,337                quota, valued at $8,270 in potential ex-
                                                 show the relative impact of the                         + $2,211). The potential annual gross                 vessel revenue. Based on the 22 vessels
                                                 proposed action on vessels.                             revenues for the 75 active directed                   that landed blacknose and non-
                                                    Alternative 1a, the No Action                        permit holders from smoothhound shark                 blacknose SCS in the Atlantic region,
                                                 alternative, would maintain the existing                meat in the Atlantic would be                         the individual vessel impact would be
                                                 80-percent threshold to close the shark                 $1,985,794, while revenue from shark                  an approximate gain of $276 per year.
                                                 fishery and maintain current shark                      fins would be $182,058. Thus, potential               This does not include incidental permit
                                                 quotas. Based on the 2016 ex-vessel                     total average annual gross revenues by                holders, which would receive a smaller
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                                                 prices, the potential annual gross                      each active directed permit holder for                amount per year. Alternative 1b could
                                                 revenues for the 13 active directed                     smoothhound shark in the Atlantic                     also lead to minor adverse
                                                 permit holders from blacktip, aggregated                would be $28,905 ($26,477 + $2,427).                  socioeconomic impacts in the short-
                                                 LCS, and hammerhead shark meat in the                   The potential annual gross revenues for               term if the quotas are overharvested,
                                                 western Gulf of Mexico sub-region                       the 45 active directed permit holders                 which would lead to lower quotas the
                                                 would be $433,308, while revenue from                   from pelagic sharks (blue, porbeagle,                 following year. In addition, this
                                                 shark fins would be $229,723. Thus,                     shortfin mako and thresher sharks) meat               alternative could potentially lead to
                                                 potential total average annual gross                    would be $2,113,982, while revenue                    minor adverse socioeconomic impacts if


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                                                 8042                    Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Proposed Rules

                                                 there is a large increase of landings                   minor beneficial direct economic                      species/management group quota
                                                 combined with late dealer reporting,                    impacts if fishermen can land available               reaches 80 percent by September 1, then
                                                 after the fishery is closed, that resulted              quota that may have remained                          NMFS would evaluate the criteria in
                                                 in overharvest. For instance, the current               unharvested under the current 80-                     Alternative 1e before determining if a
                                                 80-percent threshold has not been                       percent threshold. For instance, a 10-                closure is needed at the 80-percent
                                                 effective at closing in time to prevent                 percent increase in realized revenue for              threshold in the Gulf of Mexico and
                                                 overharvest of shark species that have                  the Atlantic aggregated LCS and                       Atlantic regions. Based on criteria A
                                                 small quotas, such as porbeagle sharks.                 hammerhead shark fisheries would                      (stock status of the relevant species or
                                                 As such, changing the percent closure                   equate to an approximate $38,198 (10                  management group and any linked
                                                 threshold to 90 percent might be                        percent of $317,016 + $64,968) gain in                species and/or management groups) and
                                                 detrimental to the porbeagle shark                      ex-vessel revenue. Based on the 29                    C (continued landings after the Federal
                                                 fishery, as it may not provide sufficient               vessels that landed LCS in the Atlantic               closure), NMFS would likely close the
                                                 buffer to prevent overharvest and                       region, the individual vessel impact                  shark species/management group quota
                                                 fishery closures that occurred in 2013                  would be an approximate increase of                   in the Gulf of Mexico. In the Atlantic
                                                 and 2015. However, this negative                        $1,317 per year. This does not include                region, NMFS would likely also close
                                                 impact would be only in the short-term                  incidental permit holders, which would                the shark species/management group
                                                 as NMFS has the ability to monitor                      receive a smaller amount per year. In                 quota based on criteria A since all of the
                                                 quotas on a weekly basis and promptly                   the Gulf of Mexico region and for                     shark species/management groups in the
                                                 close the shark fishery.                                fisheries with no region, this alternative            region have an overfished or unknown
                                                    Under Alternative 1c, NMFS would                     could likely result in neutral direct and             stock status. This would lead to neutral
                                                 change the shark fishery-closure                        indirect, short- and long-term                        socioeconomic impacts in both regions
                                                 threshold to 70 percent of the available                socioeconomic impacts because shark                   since there would be no change from
                                                 overall, regional, and/or sub-regional                  fishermen would continue to operate                   current regulations. If a shark species/
                                                 quota. This change would potentially                    under current conditions, with shark                  management group quota reaches 80
                                                 leave a larger buffer for fishermen to                  fishermen continuing to fish at similar               percent by December 1, then NMFS
                                                 complete trips and receive delayed                      rates. Impacts in the Gulf of Mexico                  would need to evaluate all of the criteria
                                                 dealer reports. It is likely the change in              would therefore be the same as those                  closely before implementing a closure in
                                                 threshold to 70 percent would have                      described in Alternative 1a.                          either the Gulf of Mexico or Atlantic
                                                 neutral direct and indirect short- and                                                                        region. A key criterion to evaluate is the
                                                 long-term socioeconomic impacts since                      Under Alternative 1e, when any shark
                                                                                                         fishery species and/or management                     likelihood of landings exceeding the
                                                 none of the commercial quotas are being                                                                       quota by December 31 of each year
                                                 changed and NMFS is not expecting an                    group landings reach or are projected to
                                                                                                         reach 80 percent of the available overall,            (Criteria E). In the Gulf of Mexico
                                                 increase in effort or fishing. This                                                                           region, NMFS would also consider
                                                 alternative could potentially have minor                regional, and/or sub-regional quota,
                                                                                                         NMFS would evaluate the criteria before               Criteria C (continued landings after the
                                                 adverse direct socioeconomic impacts if                                                                       Federal closure) and how this would
                                                 there is a large amount of underharvest                 determining if a closure is needed at the
                                                                                                         80-percent threshold. This alternative                impact the fishery. In the Atlantic
                                                 remaining every year, after accounting                                                                        region, NMFS would likely keep the
                                                 for late dealer reports, that fishermen                 would add additional flexibility to close
                                                                                                         a fishery depending on a set of criteria,             fishery open as long as landings are not
                                                 would no longer be able to harvest as                                                                         projected to exceed the quota by the end
                                                 compared to the No Action alternative.                  helping to maximize management
                                                                                                         efficacy while preventing overharvest. If             of the year.
                                                 For instance, a 10-percent decrease in
                                                 realized revenue for the western Gulf of                this increased flexibility in determining                Under Alternative 1f, the preferred
                                                 Mexico blacktip, aggregated LCS, and                    when to close a fishery leads to full                 alternative, NMFS would maintain the
                                                 hammerhead shark fisheries would                        quota utilization of management groups,               80-percent closure threshold but allow a
                                                 equate to an approximate $66,303 (10                    while still preventing overharvest of                 shark fishery to remain open after the
                                                 percent of $433,308 + $229,273) loss in                 shark fisheries, then fishermen could                 fishery’s landings have reached or are
                                                 ex-vessel revenue. Based on the 13                      potentially see additional revenue from               projected to reach 80 percent as long as
                                                 vessels that landed LCS in the western                  being able to land sharks that would                  landings are not projected to reach 100
                                                 Gulf of Mexico sub-region, the                          otherwise have remained unharvested                   percent before the end of the fishing
                                                 individual vessel impact would be an                    under the existing 80-percent threshold.              season. This alternative, similar to
                                                 approximate loss of $5,100 per year.                    For instance, a 20-percent increase in                Alternatives 1d and 1e, would provide
                                                 This does not include incidental permit                 realized revenue for the Atlantic                     the flexibility of achieving full quota
                                                 holders, which would receive a smaller                  aggregated LCS and hammerhead shark                   utilization while still preventing
                                                 amount per year. However, these would                   fisheries would equate to an                          overharvest. This alternative could
                                                 only be short-term losses because NMFS                  approximate $76,397 (20 percent of                    therefore lead to neutral socioeconomic
                                                 has achieved close to full quota                        $317,016 + $64,968) gain in ex-vessel                 impacts, similar to Alternative 1a, the
                                                 utilization in recent years for some                    revenue. Based on the 29 vessels that                 status quo alternative, if the landings are
                                                 shark quotas.                                           landed LCS in the Atlantic region, the                projected to reach 100 percent before
                                                    Under Alternative 1d, NMFS would                     individual vessel impact would be an                  the end of the fishing season. As
                                                 change the shark fishery-closure                        approximate increase of $2,634 per year.              examples, if a shark species/
                                                 threshold to 90 percent in the Atlantic                 This does not include incidental permit               management group landings reach 80
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                                                 Region, while maintaining the Gulf of                   holders, who would receive a smaller                  percent by September 1, then NMFS
                                                 Mexico closure threshold and overall                    amount per year. Based upon these                     would likely have to close the fishery if
                                                 non-regional threshold at 80 percent.                   criteria, the fishery could still operate             it was in either the Gulf of Mexico or
                                                 Alternative 1d provides some flexibility                similarly to the status quo 80-percent                Atlantic regions because the landings
                                                 in assigning different closure thresholds               closure threshold, which would result                 would likely reach 100 percent before
                                                 between the Atlantic and Gulf of Mexico                 in neutral socioeconomic impacts as                   the end of the fishing season. This
                                                 regions. In the Atlantic region, this                   described for Alternative 1a, the status              would cause neutral socioeconomic
                                                 alternative could potentially lead to                   quo alternative. As examples, if a shark              impacts since it would be the status quo


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                                                                         Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Proposed Rules                                              8043

                                                 for the fishery. If a shark species/                    closure date is effective and potential               that this alternative would have both
                                                 management group landings reach 80                      reduced quotas the following season.                  neutral direct and indirect, short- and
                                                 percent by December 1, then NMFS                           Under Alternative 2b, the preferred                long-term economic impacts. However,
                                                 would project whether the landings in                   alternative, NMFS would change the                    as described above, this alternative
                                                 the Gulf of Mexico and Atlantic regions                 minimum notice period to three days                   could potentially result in interrupted
                                                 would reach 100 percent before the end                  instead of the current five-day notice                fishing activities with little or no
                                                 of the fishing season. If the landings                  once the fisheries reached a landings                 warning to the regulated community,
                                                 would not reach 100 percent before the                  threshold necessitating a closure. This               potentially resulting in regulatory
                                                 end of the fishing season, then NMFS                    change would allow more timely action                 discards, if trips were underway at the
                                                 would keep the fishery open. Thus, this                 in closing shark fisheries, helping to                time of the notice of the closure, with
                                                 could lead to minor beneficial                          prevent overharvest. In combination                   associated loss of revenue. Additionally,
                                                 socioeconomic impacts because the                       with all other Alternatives (1a, 1b, 1d,              HMS AP members from several states
                                                 quota could be fully utilized.                          1e, and 1f), except Alternative 1c, this              indicated that some states would have
                                                    Under Alternative 2a, NMFS would                     alternative would reduce the risk of                  difficulty closing state water fisheries
                                                 maintain the status quo and would not                   exceeding the quota, especially if the                immediately.
                                                 change the notice period of five days for               landings rate was high before the
                                                                                                         closure date is effective. In combination             List of Subjects in 50 CFR Part 635
                                                 the closure of a management group. This
                                                 alternative would have no impact on the                 with Alternative 1c (e.g., 70-percent                   Fisheries, Fishing, Fishing vessels,
                                                                                                         closure threshold), this alternative                  Foreign relations, Imports, Penalties,
                                                 allowable level of fishing pressure,
                                                                                                         would increase the risk of a significant              Reporting and recordkeeping
                                                 catch rates, or distribution of fishing
                                                                                                         underharvest and would cause minor                    requirements, Treaties.
                                                 effort. As such, it is likely that the No
                                                                                                         adverse socioeconomic impacts. This
                                                 Action Alternative as well as this                                                                              Dated: February 16, 2018.
                                                                                                         alternative would have no impact on the
                                                 alternative in combination with any of                                                                        Samuel D. Rauch III,
                                                                                                         allowable level of fishing pressure,
                                                 the Alternatives 1b, 1c, 1d, 1e, or 1f                                                                        Deputy Assistant Administrator for
                                                                                                         catch rates, or distribution of fishing
                                                 would have both neutral direct and                                                                            Regulatory Programs, National Marine
                                                                                                         effort, as the commercial quotas would
                                                 indirect, short- and long-term                                                                                Fisheries Service.
                                                                                                         remain the same. Therefore, it is likely
                                                 socioeconomic impacts. If there is a                                                                            For the reasons set out in the
                                                                                                         that this alternative would have both
                                                 large amount of landings made during                    neutral direct and indirect, short- and               preamble, 50 CFR part 635 is proposed
                                                 the five-day notice and a later closure                 long-term socioeconomic impacts.                      to be amended as follows:
                                                 under Alternatives 1b, 1c, or 1d, then                  Because this alternative increases
                                                 there could be the potential for minor                  flexibility to close the fishery as needed            PART 635—ATLANTIC HIGHLY
                                                 beneficial socioeconomic impacts for                    while still preventing overharvest and                MIGRATORY SPECIES
                                                 those fisheries who have underutilized                  allowing sufficient time for fishermen to
                                                 the quota in recent years. The majority                                                                       ■ 1. The authority citation for part 635
                                                                                                         complete trips underway at the time of
                                                 of fishing trips for sharks are currently                                                                     continues to read as follows:
                                                                                                         the notice of the closure, NMFS prefers
                                                 one day in length, so a five-day closure                this alternative at this time. This                     Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.
                                                 notice should not result in regulatory                  alternative could potentially result in               1801 et seq.
                                                 discards for these trips. However, this                 interrupted fishing activities for pelagic            ■ 2. In § 635.24, revise paragraph
                                                 alternative could potentially result in                 longline vessels, which generally take                (a)(8)(iii) to read as follows:
                                                 interrupted fishing activities, potentially             trips longer than nine days, potentially
                                                 resulting in regulatory discards if trips               resulting in regulatory discards if trips             § 635.24 Commercial retention limits for
                                                 were underway at the time of the notice                 were underway at the time of the                      sharks, swordfish, and BAYS tunas.
                                                 of the closure. For instance, pelagic                   closure. However, NMFS expects few                    *      *    *      *    *
                                                 longline fishing vessels, which can take                dead discards as a result of the closure                (a) * * *
                                                 trips that last several weeks, may need                 notice timing as most pelagic longline                  (8) * * *
                                                 to discard any dead sharks onboard and                  fishermen do not target sharks and are                  (iii) Estimated date of fishery closure
                                                 in their hold if the vessel is unable to                unlikely to land many sharks given                    based on when the landings are
                                                 land the sharks before the closure is                   recent management measures to reduce                  projected to reach 80 percent of the
                                                 effective. However, NMFS expects few                    shark mortality on pelagic longline                   quota given the realized catch rates and
                                                 dead discards as a result of closure                    vessels. In addition, the preferred time              whether they are projected to reach 100
                                                 notices given that NMFS has                             before the closure is effective is well               percent before the end of the fishing
                                                 implemented several management                          within the range of the current directed              season;
                                                 measures that prohibit retention of some                shark trip lengths (i.e., 1–2 days).                  *      *    *      *    *
                                                 sharks (i.e., silky, oceanic whitetip,                     Under Alternative 2c, NMFS would                   ■ 3. In § 635.28, revise paragraphs (b)(2)
                                                 hammerhead sharks) on vessels with                      change the timing of shark fishery                    and (b)(3) to read as follows:
                                                 pelagic longline gear onboard. These                    species and/or management group
                                                 management changes have made pelagic                    closures to allow immediate closure                   § 635.28    Fishery closures.
                                                 longline fishermen unlikely to land                     upon filing of the closure notice with                *      *    *     *    *
                                                 many sharks in recent years. In                         the Federal Register. This action would                  (b) * * *
                                                 combination with all other alternatives                 allow timely action in closing shark                     (2) Non-linked quotas. If the overall,
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                                                 (i.e., 1a, 1c, 1d, 1e, and 1f), except                  fisheries, helping to prevent                         regional, and/or sub-regional quota of a
                                                 Alternative 1b, this alternative would                  overharvest. In combination with all                  species or management group is not
                                                 allow fishermen to complete their                       other alternatives, this alternative would            linked to another species or
                                                 fishing trips while still preventing                    either reduce the risk of exceeding the               management group and that overall,
                                                 overharvest. In combination with                        quota (i.e., Alternatives 1a, 1b, 1d, 1e,             regional, and/or sub-regional quota is
                                                 Alternative 1b (e.g., 90-percent closure                and 1f) or increase the risk of a                     available as specified by a publication
                                                 threshold), there is a risk of overharvest              significant underharvest (i.e.,                       in the Federal Register, then that
                                                 if the landings rate was high before the                Alternative 1c). Therefore, it is likely              overall, regional, and/or sub-regional


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                                                 8044                    Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Proposed Rules

                                                 commercial fishery for the shark species                regional fisheries for that shark species             80 percent of the applicable available
                                                 or management group will open as                        or management group are closed, even                  overall, regional, and/or sub-regional
                                                 specified in § 635.27(b). When NMFS                     across fishing years.                                 quota as specified in § 635.27(b)(1) and
                                                 calculates that the overall, regional,                     (3) Linked quotas. As specified in                 are projected to reach 100 percent of the
                                                 and/or sub-regional landings for a shark                paragraph (b)(4) of this section, the                 relevant quota before the end of the
                                                 species and/or management group, as                     overall, regional, and/or sub-regional                fishing season, NMFS will file for
                                                 specified in § 635.27(b)(1), has reached                quotas of some shark species and/or                   publication with the Office of the
                                                 or is projected to reach 80 percent of the              management groups are linked to the                   Federal Register a notice of an overall,
                                                 applicable available overall, regional,                 overall, regional, and/or sub-regional                regional, and/or sub-regional closure for
                                                 and/or sub-regional quota as specified                  quotas of other shark species and/or                  all of the species and/or management
                                                 in § 635.27(b)(1) and is projected to                   management groups. For each pair of                   groups in that linked group that will be
                                                 reach 100 percent of the relevant quota                 linked species and/or management                      effective no fewer than 3 days from date
                                                 by the end of the fishing season, NMFS                  groups, if the overall, regional, and/or              of filing. From the effective date and
                                                 will file for publication with the Office               sub-regional quota specified in
                                                                                                                                                               time of the closure until NMFS
                                                 of the Federal Register a notice of an                  § 635.27(b)(1) is available for both of the
                                                                                                                                                               announces, via the publication of a
                                                 overall, regional, and/or sub-regional                  linked species and/or management
                                                                                                                                                               notice in the Federal Register, that
                                                 closure, as applicable, for that shark                  groups as specified by a publication in
                                                                                                         the Federal Register, then the overall,               additional overall, regional, and/or sub-
                                                 species and/or shark management group
                                                                                                         regional, and/or sub-regional                         regional quota is available and the
                                                 that will be effective no fewer than 3
                                                                                                         commercial fishery for both of the                    season is reopened, the overall, regional,
                                                 days from date of filing. From the
                                                 effective date and time of the closure                  linked species and/or management                      and/or sub-regional fishery for all
                                                 until NMFS announces, via the                           groups will open as specified in                      species and/or management groups in
                                                 publication of a notice in the Federal                  § 635.27(b)(1). When NMFS calculates                  that linked group is closed, even across
                                                 Register, that additional overall,                      that the overall, regional, and/or sub-               fishing years.
                                                 regional, and/or sub-regional quota is                  regional landings for any species and/or              *      *     *    *     *
                                                 available and the season is reopened,                   management group of a linked group                    [FR Doc. 2018–03688 Filed 2–22–18; 8:45 am]
                                                 the overall, regional, and/or sub-                      have reached or are projected to reach                BILLING CODE 3510–22–P
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Document Created: 2018-02-23 01:32:52
Document Modified: 2018-02-23 01:32:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; request for comments.
DatesWritten comments must be received March 26, 2018, NMFS will hold an operator-assisted public hearing via conference call and webinar for this proposed rule on March 2, 2018, from 10 a.m. to 12 p.m. For specific locations, dates and times, see the SUPPLEMENTARY INFORMATION section of this document.
ContactLauren Latchford, Gu[yacute] DuBeck, Gray Redding, or Karyl Brewster-Geisz by phone at 301-427-8503 or Delisse Ortiz at 240-681-9037.
FR Citation83 FR 8037 
RIN Number0648-BG97
CFR AssociatedFisheries; Fishing; Fishing Vessels; Foreign Relations; Imports; Penalties; Reporting and Recordkeeping Requirements and Treaties

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