83_FR_9298 83 FR 9255 - Atlantic Highly Migratory Species; Shortfin Mako Shark Management Measures

83 FR 9255 - Atlantic Highly Migratory Species; Shortfin Mako Shark Management Measures

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 43 (March 5, 2018)

Page Range9255-9257
FR Document2018-04430

NMFS announces the availability of an Issues and Options document and its intent to prepare an EIS under the National Environmental Policy Act (NEPA) analyzing impacts of potential new management measures for shortfin mako sharks. Such measures would be implemented through rulemaking to address overfishing and to implement, as necessary and appropriate, measures adopted by the International Commission for the Conservation of Atlantic Tunas (ICCAT) (ICCAT Recommendation 17-08) in response to the 2017 shortfin mako shark stock assessment. Based on that assessment, NMFS determined that North Atlantic shortfin mako sharks were overfished and experiencing overfishing in December 2017. Management alternatives considered would be to meet NMFS's obligations related to ending overfishing and establishing a foundation for rebuilding the shortfin mako shark stock consistent with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and the Atlantic Tunas Convention Act (ATCA). Scoping is underway for this action, and NMFS requests comments on a preliminary Issues and Options document that presents range of commercial and recreational management measures, in both directed and incidental fisheries, including, but not limited to, commercial and recreational retention limits, quota levels, minimum size limits, gear modifications, and electronic reporting.

Federal Register, Volume 83 Issue 43 (Monday, March 5, 2018)
[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)]
[Proposed Rules]
[Pages 9255-9257]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04430]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

RIN 0648-XF947


Atlantic Highly Migratory Species; Shortfin Mako Shark Management 
Measures

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

ACTION: Notice of Intent (NOI) to prepare an Environmental Impact 
Statement (EIS); request for comments.

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

SUMMARY: NMFS announces the availability of an Issues and Options 
document and its intent to prepare an EIS under the National 
Environmental Policy Act (NEPA) analyzing impacts of potential new 
management measures for shortfin mako sharks. Such measures would be 
implemented through rulemaking to address overfishing and to implement, 
as necessary and appropriate, measures adopted by the International 
Commission for the Conservation of Atlantic Tunas (ICCAT) (ICCAT 
Recommendation 17-08) in response to the 2017 shortfin mako shark stock 
assessment. Based on that assessment, NMFS determined that North 
Atlantic shortfin mako sharks were overfished and experiencing 
overfishing in December 2017. Management alternatives considered would 
be to meet NMFS's obligations related to ending overfishing and 
establishing a foundation for rebuilding the shortfin mako shark stock 
consistent with the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) and the Atlantic Tunas Convention 
Act (ATCA). Scoping is underway for this action, and NMFS requests 
comments on a preliminary Issues and Options document that presents 
range of commercial and recreational management measures, in both 
directed and incidental fisheries, including, but not limited to, 
commercial and recreational retention limits, quota levels, minimum 
size limits, gear modifications, and electronic reporting.

DATES: Four scoping meetings and a conference call will be held from 
March through May 2018. See SUPPLEMENTARY INFORMATION for meeting and 
call dates and locations. Scoping comments must be received no later 
than 5 p.m., local time, on May 7, 2018.

ADDRESSES: You may submit comments on the Issues and Options document, 
identified by NOAA-NMFS-2018-0011, 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-2018-0011, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Randy Blankinship, NMFS/
SF1, 1315 East-West Highway, National Marine Fisheries Service, SSMC3, 
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).
    Copies of the 2018 shortfin mako shark Issues and Options document 
and supporting documents are available from the HMS Management Division 
website at https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species or constituents can contact Gu[yacute] DuBeck by 
phone at 301-427-8503 for hard copies. Copies of the 2017 ICCAT 
Standing Committee on Research and Statistics (SCRS) shortfin mako 
shark benchmark stock assessment can be found online at http://iccat.int/Documents/Meetings/Docs/2017_SCRS_REP_ENG.pdf.

FOR FURTHER INFORMATION CONTACT: Gu[yacute] DuBeck or Karyl Brewster-
Geisz at 301-427-8503.

SUPPLEMENTARY INFORMATION: 

Background

    NMFS manages the Atlantic shark fisheries through the 2006 
Consolidated Atlantic HMS Fishery Management Plan and its amendments as 
required under the Magnuson-Stevens Act. ICCAT manages sharks caught in 
association with ICCAT species (tuna and tuna-like species) throughout 
the Atlantic and the adjacent seas, and NMFS implements ICCAT measures 
as necessary and appropriate under ATCA.
    The North Atlantic shortfin mako shark (Isurus oxyrinchus) is a 
highly migratory species that ranges across the entire North Atlantic 
Ocean and is

[[Page 9256]]

caught by numerous countries. These sharks are a small but valued 
component of U.S. recreational and commercial shark fisheries. In 
recent years, U.S. catch has represented only approximately 11 percent 
of the total catch of the species in the North Atlantic by all 
reporting countries. International measures are, therefore, critical to 
the species' effective conservation and management.
    In August 2017, ICCAT's SCRS conducted a new benchmark stock 
assessment on the North Atlantic shortfin mako stock. At its November 
2017 annual meeting, ICCAT accepted this stock assessment and 
determined the stock to be overfished with overfishing occurring. On 
December 13, 2017, based on this assessment, NMFS issued a status 
determination finding the stock to be overfished and experiencing 
overfishing using domestic criteria. The assessment specifically 
indicated that biomass (B2015) is substantially less than 
the biomass at maximum sustainable yield (BMSY) for eight of 
the nine models used for the assessment (B2015/
BMSY = 0.57-0.85). In the ninth model, spawning stock 
fecundity (SSF) was less than SSFMSY (SSF2015/
SSFMSY = 0.95). Additionally, the assessment indicated that 
fishing mortality (F2015) was greater than FMSY 
(1.93-4.38), with a combined 90-percent probability from all models 
that the population is overfished with overfishing occurring.
    The 2017 assessment estimated that total North Atlantic shortfin 
mako catches across all ICCAT parties are currently between 3,600 and 
4,750 mt per year, and that total catches would have to be at 1,000 mt 
or below (72-79 percent reductions) to prevent further population 
declines and that catches of 500 t or less currently are expected to 
stop overfishing and begin to rebuild the stock. The projections 
indicate that a total allowable catch of 0 mt would produce a greater 
than 50 percent probability of rebuilding the stock by the year 2040, 
which is approximately equal to one mean generation time. Research 
indicates that post-release survival rates of Atlantic shortfin mako 
sharks are high (70 percent); however, the assessment could not 
determine if requiring live releases alone would reduce landings 
sufficiently to end overfishing and rebuild the stock.

ICCAT Recommendation 17-08

    Based on the stock assessment information, ICCAT adopted new 
management measures for Atlantic shortfin mako (Recommendation 17-08) 
at its annual meeting in November 2017. The United States must 
implement those measures as necessary and appropriate under ATCA. These 
measures largely focus on maximizing live releases of Atlantic shortfin 
mako sharks, allowing retention only in certain limited circumstances, 
increasing minimum size limits, and improving data collection in ICCAT 
fisheries. In November 2018, ICCAT will review the catches from the 
first six months of 2018 and decide whether these measures should be 
modified. In 2019, the SCRS will evaluate the effectiveness of these 
measures in ending overfishing and beginning to rebuild the stock. SCRS 
will also provide rebuilding information that reflects rebuilding 
timeframes of at least two mean generation times. Also in 2019, ICCAT 
will establish a rebuilding program that will have a high probability 
of avoiding overfishing and rebuilding the stock to BMSY 
within a timeframe that takes into account the biology of the stock.

2018 Shortfin Mako Shark Interim Final Rule

    Consistent with these requirements, NMFS published an interim final 
rule using emergency Magnuson-Stevens Act authority to temporarily and 
immediately implement the following measures: (1) Commercial fishermen 
on vessels deploying pelagic longline gear must release all live 
shortfin mako sharks and can only retain a shortfin mako shark if it is 
dead at haulback, (2) commercial fishermen using gear other than 
pelagic longline commercial gear (e.g., bottom longline, gillnet, 
handgear, etc.) must release all shortfin mako sharks, whether they are 
dead or alive, and (3) recreational fishermen must release any shortfin 
mako sharks smaller than the minimum size of 83 inches fork length 
(FL). The interim final rule expires on August 29, 2018, and may be 
extended for an additional 186 days under the Magnuson-Stevens Act 
provisions.

Request for Comments

    Both commercial and recreational fishing activities interact with 
and as allowable have retained shortfin mako sharks. Under the interim 
final rule, commercial fishermen with a limited access commercial shark 
permit may retain shortfin mako sharks caught on pelagic longline gear 
provided the shark was dead at haulback. Shortfin mako sharks caught on 
any other commercial gear type may not be retained. Similarly, under 
the interim final rule, vessels with an HMS Angling or Charter/Headboat 
permit may retain one shortfin mako shark greater than the minimum size 
of 83 inches FL per vessel.
    NMFS anticipates changes to shark management as a result of the 
2017 shortfin mako shark stock assessment through the rulemaking 
process and requests comments on potential future management options 
for this action. NMFS prepared an Issues and Options paper detailing 
potential management measures to meet its ATCA and Magnuson-Stevens Act 
obligations and to address overfishing of and begin rebuilding shortfin 
mako sharks. The Issues and Options paper is available online at the 
HMS website: https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species. Potential management measures in the Issues and 
Options paper include commercial and recreational fishing requirements. 
Four scoping meetings and a conference call will be held (see Table 2 
for meeting times and locations) to provide the opportunity for public 
comment on potential shortfin mako shark management measures. These 
comments will be used to assist in the development of the upcoming 
amendment to the 2006 Consolidated Atlantic HMS FMP.

                  Table 1--Time and Locations of the Four Scoping Meetings and Conference Call
----------------------------------------------------------------------------------------------------------------
              Date                          Time                   Meeting location            Meeting address
----------------------------------------------------------------------------------------------------------------
March 15, 2018..................  4-8 p.m................  Panama City, FL................  National Marine
                                                                                             Fisheries Service,
                                                                                            Southeast Fisheries
                                                                                             Science Center,
                                                                                            3500 Delwood Beach
                                                                                             Road,
                                                                                            Panama City, FL
                                                                                             32408.
March 21, 2018..................  4-8 p.m................  Manteo, NC.....................  Commissioners
                                                                                             Meeting Room,
                                                                                            Dare County
                                                                                             Administration
                                                                                             Building,
                                                                                            954 Marshall C.
                                                                                             Collins Dr.,
                                                                                            Manteo, NC 27954.

[[Page 9257]]

 
April 4, 2018...................  2-4 p.m................  Conference Call................  To participate in
                                                                                             the conference
                                                                                             call, please call:
                                                                                             (800) 779-3136.
                                                                                             Passcode: 9421185.
                                                                                            To participate in
                                                                                             the webinar, RSVP
                                                                                             at: https://noaaevents2.webex.com/noaaevents2/onstage/g.php?MTID=e0e45a6863a2dec162452b2b6240ef3e3 0ef3e3, A
                                                                                             confirmation email
                                                                                             with webinar log-in
                                                                                             information will be
                                                                                             sent after RSVP is
                                                                                             registered.
April 12, 2018..................  4-8 p.m................  Manahawkin, NJ.................  Stafford Branch
                                                                                             Public Library,
                                                                                            129 North Main St.,
                                                                                            Manahawkin, NJ
                                                                                             08050.
April 19, 2018..................  5-8 p.m................  Gloucester, MA.................  National Marine
                                                                                             Fisheries Service,
                                                                                            Greater Atlantic
                                                                                             Regional Office,
                                                                                            55 Great Republic
                                                                                             Dr.,
                                                                                            Gloucester, MA
                                                                                             01930.
----------------------------------------------------------------------------------------------------------------

    The public is reminded that NMFS expects participants at public 
scoping meetings and on conference calls to conduct themselves 
appropriately. At the beginning of the scoping meetings and conference 
call, a representative of NMFS will explain the ground rules (e.g., all 
comments are to be directed to the Agency; attendees will be called to 
give their comments in the order in which they registered to speak; 
each attendee will have an equal amount of time to speak; and attendees 
should not interrupt one another). The meeting locations will be 
physically accessible to people with disabilities. Requests for sign 
language interpretation or other auxiliary aids should be directed to 
Gu[yacute] DuBeck at 301-427-8503, at least 7 days prior to the 
meeting. A NMFS representative will attempt to structure the meeting so 
that all attending members of the public will be able to comment if 
they so choose, regardless of the controversial nature of the subject 
matter. If attendees do not respect the ground rules they will be asked 
to leave the scoping meeting or conference call.
    Because the rulemakings overlap for some gear types, the public 
scoping meetings being held in Panama City, FL, Manteo, NC, and 
Manahawkin, NJ will be held in conjunction with public scoping meetings 
for pelagic longline bluefin tuna area-based and weak hook management. 
The shortfin mako shark management measure presentation will likely be 
given first unless polling of the audience indicates another approach 
is appropriate. After each presentation, public comment for that issue 
will be received. Meeting attendees interested in this issue are 
encouraged to show up at the beginning of the meeting to help determine 
the order of the presentations. The second presentation will not start 
any later than 6 p.m.
    In addition to the four scoping meetings and conference call, NMFS 
has requested to present the issues and options document to the five 
Atlantic Regional Fishery Management Councils (the New England, Mid-
Atlantic, South Atlantic, and Gulf of Mexico Fishery Management 
Councils) and the Atlantic and Gulf States Marine Fisheries Commissions 
during the public comment period. Please see the Councils' and 
Commissions' spring meeting notices for times and locations.
    Based on the 2017 shortfin mako shark stock assessment, 
implementation of new management measures via an amendment to the 2006 
Consolidated HMS FMP is necessary to address overfishing and rebuild 
the stock. NMFS anticipates completing this amendment and any related 
documents in early 2019.

    Dated: February 28, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-04430 Filed 3-1-18; 8:45 am]
 BILLING CODE 3510-22-P



                                                                           Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Proposed Rules                                             9255

                                                  information you consider to be                          DEPARTMENT OF COMMERCE                                identified by NOAA–NMFS–2018–0011,
                                                  Confidential Business Information (CBI)                                                                       by any of the following methods:
                                                  or other information whose disclosure is                National Oceanic and Atmospheric                         • Electronic Submission: Submit all
                                                  restricted by statute. Multimedia                       Administration                                        electronic public comments via the
                                                  submissions (audio, video, etc.) must be                                                                      Federal e-Rulemaking Portal. Go to
                                                  accompanied by a written comment.                       50 CFR Part 635                                       www.regulations.gov/
                                                  The written comment is considered the                   RIN 0648–XF947                                        #!docketDetail;D=NOAA-NMFS-2018-
                                                  official comment and should include                                                                           0011, click the ‘‘Comment Now!’’ icon,
                                                  discussion of all points you wish to                    Atlantic Highly Migratory Species;                    complete the required fields, and enter
                                                  make. The EPA will generally not                        Shortfin Mako Shark Management                        or attach your comments.
                                                  consider comments or comment                            Measures                                                 • Mail: Submit written comments to
                                                                                                                                                                Randy Blankinship, NMFS/SF1, 1315
                                                  contents located outside of the primary                 AGENCY:   National Marine Fisheries                   East-West Highway, National Marine
                                                  submission (i.e. on the web, cloud, or                  Service (NMFS), National Oceanic and                  Fisheries Service, SSMC3, Silver Spring,
                                                  other file sharing system). For                         Atmospheric Administration (NOAA),                    MD 20910.
                                                  additional submission methods, please                   Commerce.                                                Instructions: Comments sent by any
                                                  contact the person identified in the FOR                ACTION: Notice of Intent (NOI) to prepare             other method, to any other address or
                                                  FURTHER INFORMATION CONTACT section.                    an Environmental Impact Statement                     individual, or received after the end of
                                                  For the full EPA public comment policy,                 (EIS); request for comments.                          the comment period, may not be
                                                  information about CBI or multimedia                                                                           considered by NMFS. All comments
                                                                                                          SUMMARY:   NMFS announces the
                                                  submissions, and general guidance on                                                                          received are a part of the public record
                                                                                                          availability of an Issues and Options
                                                  making effective comments, please visit                 document and its intent to prepare an                 and generally will be posted for public
                                                  http://www.epa.gov/dockets/                             EIS under the National Environmental                  viewing on www.regulations.gov
                                                  commenting-epa-dockets.                                 Policy Act (NEPA) analyzing impacts of                without change. All personal identifying
                                                                                                          potential new management measures for                 information (e.g., name, address, etc.),
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                          shortfin mako sharks. Such measures                   confidential business information, or
                                                  Susan Lancey, Air Permits, Toxics, and
                                                                                                          would be implemented through                          otherwise sensitive information
                                                  Indoor Programs Unit, U.S.
                                                                                                          rulemaking to address overfishing and                 submitted voluntarily by the sender will
                                                  Environmental Protection Agency, EPA                                                                          be publicly accessible. NMFS will
                                                  New England Regional Office, 5 Post                     to implement, as necessary and
                                                                                                          appropriate, measures adopted by the                  accept anonymous comments (enter
                                                  Office Square—Suite 100, (Mail code                                                                           ‘‘N/A’’ in the required fields if you wish
                                                                                                          International Commission for the
                                                  OEP05–2), Boston, MA 02109–3912,                                                                              to remain anonymous).
                                                                                                          Conservation of Atlantic Tunas (ICCAT)
                                                  telephone number 617–918–1656,                                                                                   Copies of the 2018 shortfin mako
                                                                                                          (ICCAT Recommendation 17–08) in
                                                  lancey.susan@epa.gov.                                   response to the 2017 shortfin mako                    shark Issues and Options document and
                                                  SUPPLEMENTARY INFORMATION:      In the                  shark stock assessment. Based on that                 supporting documents are available
                                                  Final Rules Section of this Federal                     assessment, NMFS determined that                      from the HMS Management Division
                                                  Register, EPA is approving the Vermont                  North Atlantic shortfin mako sharks                   website at https://
                                                  Perchloroethylene Dry Cleaning Rule in                  were overfished and experiencing                      www.fisheries.noaa.gov/topic/atlantic-
                                                                                                          overfishing in December 2017.                         highly-migratory-species or constituents
                                                  place of the Dry Cleaning NESHAP for
                                                                                                          Management alternatives considered                    can contact Guý DuBeck by phone at
                                                  area sources as a direct final rule
                                                                                                          would be to meet NMFS’s obligations                   301–427–8503 for hard copies. Copies of
                                                  without prior proposal because the
                                                                                                          related to ending overfishing and                     the 2017 ICCAT Standing Committee on
                                                  Agency views this as a noncontroversial                                                                       Research and Statistics (SCRS) shortfin
                                                                                                          establishing a foundation for rebuilding
                                                  submittal and anticipates no adverse                                                                          mako shark benchmark stock
                                                                                                          the shortfin mako shark stock consistent
                                                  comments. A detailed rationale for the                  with the Magnuson-Stevens Fishery                     assessment can be found online at
                                                  approval is set forth in the direct final               Conservation and Management Act                       http://iccat.int/Documents/Meetings/
                                                  rule. If no adverse comments are                        (Magnuson-Stevens Act) and the                        Docs/2017_SCRS_REP_ENG.pdf.
                                                  received in response to this rule, no                   Atlantic Tunas Convention Act (ATCA).                 FOR FURTHER INFORMATION CONTACT: Guý
                                                  further activity is contemplated. If EPA                Scoping is underway for this action, and              DuBeck or Karyl Brewster-Geisz at 301–
                                                  receives adverse comments, the direct                   NMFS requests comments on a                           427–8503.
                                                  final rule will be withdrawn and all                    preliminary Issues and Options                        SUPPLEMENTARY INFORMATION:
                                                  public comments received will be                        document that presents range of
                                                  addressed in a subsequent final rule                    commercial and recreational                           Background
                                                  based on this proposed rule. EPA will                   management measures, in both directed                    NMFS manages the Atlantic shark
                                                  not institute a second comment period.                  and incidental fisheries, including, but              fisheries through the 2006 Consolidated
                                                  Any parties interested in commenting                    not limited to, commercial and                        Atlantic HMS Fishery Management Plan
                                                  on this action should do so at this time.               recreational retention limits, quota                  and its amendments as required under
                                                     For additional information, see the                  levels, minimum size limits, gear                     the Magnuson-Stevens Act. ICCAT
                                                                                                          modifications, and electronic reporting.              manages sharks caught in association
                                                  direct final rule which is located in the
                                                                                                          DATES: Four scoping meetings and a                    with ICCAT species (tuna and tuna-like
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  Rules Section of this Federal Register.
                                                                                                          conference call will be held from March               species) throughout the Atlantic and the
                                                    Dated: February 26, 2018.                             through May 2018. See SUPPLEMENTARY                   adjacent seas, and NMFS implements
                                                  Alexandra Dapolito Dunn,                                INFORMATION for meeting and call dates                ICCAT measures as necessary and
                                                  Regional Administrator, EPA New England.                and locations. Scoping comments must                  appropriate under ATCA.
                                                  [FR Doc. 2018–04276 Filed 3–2–18; 8:45 am]              be received no later than 5 p.m., local                  The North Atlantic shortfin mako
                                                  BILLING CODE 6560–50–P
                                                                                                          time, on May 7, 2018.                                 shark (Isurus oxyrinchus) is a highly
                                                                                                          ADDRESSES: You may submit comments                    migratory species that ranges across the
                                                                                                          on the Issues and Options document,                   entire North Atlantic Ocean and is


                                             VerDate Sep<11>2014   16:41 Mar 02, 2018   Jkt 244001   PO 00000   Frm 00018   Fmt 4702   Sfmt 4702   E:\FR\FM\05MRP1.SGM   05MRP1


                                                  9256                       Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Proposed Rules

                                                  caught by numerous countries. These                       sharks are high (70 percent); however,                and (3) recreational fishermen must
                                                  sharks are a small but valued                             the assessment could not determine if                 release any shortfin mako sharks smaller
                                                  component of U.S. recreational and                        requiring live releases alone would                   than the minimum size of 83 inches fork
                                                  commercial shark fisheries. In recent                     reduce landings sufficiently to end                   length (FL). The interim final rule
                                                  years, U.S. catch has represented only                    overfishing and rebuild the stock.                    expires on August 29, 2018, and may be
                                                  approximately 11 percent of the total                                                                           extended for an additional 186 days
                                                                                                            ICCAT Recommendation 17–08
                                                  catch of the species in the North                                                                               under the Magnuson-Stevens Act
                                                  Atlantic by all reporting countries.                         Based on the stock assessment                      provisions.
                                                  International measures are, therefore,                    information, ICCAT adopted new
                                                  critical to the species’ effective                        management measures for Atlantic                      Request for Comments
                                                  conservation and management.                              shortfin mako (Recommendation 17–08)
                                                                                                                                                                     Both commercial and recreational
                                                     In August 2017, ICCAT’s SCRS                           at its annual meeting in November 2017.
                                                                                                                                                                  fishing activities interact with and as
                                                  conducted a new benchmark stock                           The United States must implement
                                                                                                                                                                  allowable have retained shortfin mako
                                                  assessment on the North Atlantic                          those measures as necessary and
                                                                                                                                                                  sharks. Under the interim final rule,
                                                  shortfin mako stock. At its November                      appropriate under ATCA. These
                                                                                                                                                                  commercial fishermen with a limited
                                                  2017 annual meeting, ICCAT accepted                       measures largely focus on maximizing
                                                                                                                                                                  access commercial shark permit may
                                                  this stock assessment and determined                      live releases of Atlantic shortfin mako
                                                                                                                                                                  retain shortfin mako sharks caught on
                                                  the stock to be overfished with                           sharks, allowing retention only in
                                                                                                                                                                  pelagic longline gear provided the shark
                                                  overfishing occurring. On December 13,                    certain limited circumstances,
                                                                                                                                                                  was dead at haulback. Shortfin mako
                                                  2017, based on this assessment, NMFS                      increasing minimum size limits, and
                                                                                                                                                                  sharks caught on any other commercial
                                                  issued a status determination finding                     improving data collection in ICCAT
                                                                                                                                                                  gear type may not be retained. Similarly,
                                                  the stock to be overfished and                            fisheries. In November 2018, ICCAT will
                                                                                                                                                                  under the interim final rule, vessels
                                                  experiencing overfishing using domestic                   review the catches from the first six
                                                                                                                                                                  with an HMS Angling or Charter/
                                                  criteria. The assessment specifically                     months of 2018 and decide whether
                                                                                                                                                                  Headboat permit may retain one shortfin
                                                  indicated that biomass (B2015) is                         these measures should be modified. In
                                                  substantially less than the biomass at                                                                          mako shark greater than the minimum
                                                                                                            2019, the SCRS will evaluate the
                                                  maximum sustainable yield (BMSY) for                                                                            size of 83 inches FL per vessel.
                                                                                                            effectiveness of these measures in
                                                  eight of the nine models used for the                     ending overfishing and beginning to                      NMFS anticipates changes to shark
                                                  assessment (B2015/BMSY = 0.57–0.85). In                   rebuild the stock. SCRS will also                     management as a result of the 2017
                                                  the ninth model, spawning stock                           provide rebuilding information that                   shortfin mako shark stock assessment
                                                  fecundity (SSF) was less than SSFMSY                      reflects rebuilding timeframes of at least            through the rulemaking process and
                                                  (SSF2015/SSFMSY = 0.95). Additionally,                    two mean generation times. Also in                    requests comments on potential future
                                                  the assessment indicated that fishing                     2019, ICCAT will establish a rebuilding               management options for this action.
                                                  mortality (F2015) was greater than FMSY                   program that will have a high                         NMFS prepared an Issues and Options
                                                  (1.93–4.38), with a combined 90-percent                   probability of avoiding overfishing and               paper detailing potential management
                                                  probability from all models that the                      rebuilding the stock to BMSY within a                 measures to meet its ATCA and
                                                  population is overfished with                             timeframe that takes into account the                 Magnuson-Stevens Act obligations and
                                                  overfishing occurring.                                    biology of the stock.                                 to address overfishing of and begin
                                                     The 2017 assessment estimated that                                                                           rebuilding shortfin mako sharks. The
                                                  total North Atlantic shortfin mako                        2018 Shortfin Mako Shark Interim                      Issues and Options paper is available
                                                  catches across all ICCAT parties are                      Final Rule                                            online at the HMS website: https://
                                                  currently between 3,600 and 4,750 mt                         Consistent with these requirements,                www.fisheries.noaa.gov/topic/atlantic-
                                                  per year, and that total catches would                    NMFS published an interim final rule                  highly-migratory-species. Potential
                                                  have to be at 1,000 mt or below (72–79                    using emergency Magnuson-Stevens Act                  management measures in the Issues and
                                                  percent reductions) to prevent further                    authority to temporarily and                          Options paper include commercial and
                                                  population declines and that catches of                   immediately implement the following                   recreational fishing requirements. Four
                                                  500 t or less currently are expected to                   measures: (1) Commercial fishermen on                 scoping meetings and a conference call
                                                  stop overfishing and begin to rebuild the                 vessels deploying pelagic longline gear               will be held (see Table 2 for meeting
                                                  stock. The projections indicate that a                    must release all live shortfin mako                   times and locations) to provide the
                                                  total allowable catch of 0 mt would                       sharks and can only retain a shortfin                 opportunity for public comment on
                                                  produce a greater than 50 percent                         mako shark if it is dead at haulback, (2)             potential shortfin mako shark
                                                  probability of rebuilding the stock by                    commercial fishermen using gear other                 management measures. These comments
                                                  the year 2040, which is approximately                     than pelagic longline commercial gear                 will be used to assist in the
                                                  equal to one mean generation time.                        (e.g., bottom longline, gillnet, handgear,            development of the upcoming
                                                  Research indicates that post-release                      etc.) must release all shortfin mako                  amendment to the 2006 Consolidated
                                                  survival rates of Atlantic shortfin mako                  sharks, whether they are dead or alive,               Atlantic HMS FMP.

                                                                      TABLE 1—TIME AND LOCATIONS OF THE FOUR SCOPING MEETINGS AND CONFERENCE CALL
                                                           Date                     Time                Meeting location                                          Meeting address
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  March 15, 2018 .........    4–8 p.m ...........    Panama City, FL .......      National Marine Fisheries Service,
                                                                                                                                  Southeast Fisheries Science Center,
                                                                                                                                  3500 Delwood Beach Road,
                                                                                                                                  Panama City, FL 32408.
                                                  March 21, 2018 .........    4–8 p.m ...........    Manteo, NC ...............   Commissioners Meeting Room,
                                                                                                                                  Dare County Administration Building,
                                                                                                                                  954 Marshall C. Collins Dr.,
                                                                                                                                  Manteo, NC 27954.



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                                                                                 Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Proposed Rules                                               9257

                                                              TABLE 1—TIME AND LOCATIONS OF THE FOUR SCOPING MEETINGS AND CONFERENCE CALL—Continued
                                                             Date                       Time               Meeting location                                         Meeting address

                                                  April 4, 2018 ..............    2–4 p.m ...........   Conference Call ........    To participate in the conference call, please call: (800) 779–3136. Passcode:
                                                                                                                                      9421185.
                                                                                                                                    To participate in the webinar, RSVP at: https://noaaevents2.webex.com/
                                                                                                                                      noaaevents2/onstage/g.php?MTID=e0e45a6863a2dec162452b2b6240ef
                                                                                                                                      3e3, A confirmation email with webinar log-in information will be sent after
                                                                                                                                      RSVP is registered.
                                                  April 12, 2018 ............     4–8 p.m ...........   Manahawkin, NJ ........     Stafford Branch Public Library,
                                                                                                                                    129 North Main St.,
                                                                                                                                    Manahawkin, NJ 08050.
                                                  April 19, 2018 ............     5–8 p.m ...........   Gloucester, MA ..........   National Marine Fisheries Service,
                                                                                                                                    Greater Atlantic Regional Office,
                                                                                                                                    55 Great Republic Dr.,
                                                                                                                                    Gloucester, MA 01930.



                                                     The public is reminded that NMFS                         Regional Fishery Management Councils                  Aleutian Islands Management Area,
                                                  expects participants at public scoping                      (the New England, Mid-Atlantic, South                 Amendment 105 to the FMP for
                                                  meetings and on conference calls to                         Atlantic, and Gulf of Mexico Fishery                  Groundfish of the Gulf of Alaska,
                                                  conduct themselves appropriately. At                        Management Councils) and the Atlantic                 Amendment 49 to the FMP for Bering
                                                  the beginning of the scoping meetings                       and Gulf States Marine Fisheries                      Sea/Aleutian Islands King and Tanner
                                                  and conference call, a representative of                    Commissions during the public                         Crabs, Amendment 13 to the FMP for
                                                  NMFS will explain the ground rules                          comment period. Please see the                        the Salmon Fisheries in the EEZ Off
                                                  (e.g., all comments are to be directed to                   Councils’ and Commissions’ spring                     Alaska, and Amendment 2 to the FMP
                                                  the Agency; attendees will be called to                     meeting notices for times and locations.              for Fish Resources of the Arctic
                                                  give their comments in the order in                            Based on the 2017 shortfin mako                    Management Area, (collectively
                                                  which they registered to speak; each                        shark stock assessment, implementation                Amendments) to the Secretary of
                                                  attendee will have an equal amount of                       of new management measures via an                     Commerce for review. If approved, these
                                                  time to speak; and attendees should not                     amendment to the 2006 Consolidated                    Amendments would revise the FMPs by
                                                  interrupt one another). The meeting                         HMS FMP is necessary to address                       updating the description and
                                                  locations will be physically accessible                     overfishing and rebuild the stock. NMFS               identification of essential fish habitat
                                                  to people with disabilities. Requests for                   anticipates completing this amendment                 (EFH), and updating information on
                                                  sign language interpretation or other                       and any related documents in early                    adverse impacts to EFH based on the
                                                  auxiliary aids should be directed to Guý                   2019.                                                 best scientific information available.
                                                  DuBeck at 301–427–8503, at least 7 days                       Dated: February 28, 2018.                           This action is intended to promote the
                                                  prior to the meeting. A NMFS                                Jennifer M. Wallace,                                  goals and objectives of the Magnuson-
                                                  representative will attempt to structure                    Acting Director, Office of Sustainable                Stevens Fishery Conservation and
                                                  the meeting so that all attending                           Fisheries, National Marine Fisheries Service.         Management Act, the FMPs, and other
                                                  members of the public will be able to                                                                             applicable laws.
                                                                                                              [FR Doc. 2018–04430 Filed 3–1–18; 8:45 am]
                                                  comment if they so choose, regardless of                                                                          DATES: Comments on the amendments
                                                                                                              BILLING CODE 3510–22–P
                                                  the controversial nature of the subject                                                                           must be submitted on or before May 4,
                                                  matter. If attendees do not respect the                                                                           2018.
                                                  ground rules they will be asked to leave                    DEPARTMENT OF COMMERCE
                                                  the scoping meeting or conference call.                                                                           ADDRESSES: You may submit your
                                                     Because the rulemakings overlap for                                                                            comments, identified by NOAA–NMFS–
                                                                                                              National Oceanic and Atmospheric
                                                  some gear types, the public scoping                                                                               2017–0087, by any of the following
                                                                                                              Administration
                                                  meetings being held in Panama City, FL,                                                                           methods:
                                                  Manteo, NC, and Manahawkin, NJ will                                                                                 • Electronic Submission: Submit all
                                                                                                              50 CFR Part 679
                                                  be held in conjunction with public                                                                                electronic public comments via the
                                                  scoping meetings for pelagic longline                       RIN 0648–XF559                                        Federal eRulemaking Portal. Go to
                                                  bluefin tuna area-based and weak hook                                                                             www.regulations.gov/
                                                                                                              Fisheries of the Exclusive Economic                   #!docketDetail;D=NOAA-NMFS-2017-
                                                  management. The shortfin mako shark
                                                                                                              Zone Off Alaska; Essential Fish Habitat               0087, click the ‘‘Comment Now!’’ icon,
                                                  management measure presentation will
                                                                                                              Amendments                                            complete the required fields, and enter
                                                  likely be given first unless polling of the
                                                  audience indicates another approach is                      AGENCY:  National Marine Fisheries                    or attach your comments.
                                                  appropriate. After each presentation,                       Service (NMFS), National Oceanic and                    • Mail: Submit written comments to
                                                  public comment for that issue will be                       Atmospheric Administration (NOAA),                    Glenn Merrill, Assistant Regional
                                                  received. Meeting attendees interested                      Commerce.                                             Administrator, Sustainable Fisheries
                                                  in this issue are encouraged to show up                                                                           Division, Alaska Region NMFS, Attn:
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                              ACTION: Notification of availability of
                                                  at the beginning of the meeting to help                     fishery management plan amendments;                   Ellen Sebastian. Mail comments to P.O.
                                                  determine the order of the                                  request for comments.                                 Box 21668, Juneau, AK 99802–1668.
                                                  presentations. The second presentation                                                                              Instructions: NMFS may not consider
                                                  will not start any later than 6 p.m.                        SUMMARY: The North Pacific Fishery                    comments if they are sent by any other
                                                     In addition to the four scoping                          Management Council (Council)                          method, to any other address or
                                                  meetings and conference call, NMFS has                      submitted Amendment 115 to the                        individual, or received after the
                                                  requested to present the issues and                         Fishery Management Plan (FMP) for                     comment period ends. All comments
                                                  options document to the five Atlantic                       Groundfish of the Bering Sea and                      received are a part of the public record,


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Document Created: 2018-03-03 02:45:25
Document Modified: 2018-03-03 02:45:25
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
ActionNotice of Intent (NOI) to prepare an Environmental Impact Statement (EIS); request for comments.
DatesFour scoping meetings and a conference call will be held from March through May 2018. See SUPPLEMENTARY INFORMATION for meeting and call dates and locations. Scoping comments must be received no later than 5 p.m., local time, on May 7, 2018.
ContactGu[yacute] DuBeck or Karyl Brewster- Geisz at 301-427-8503.
FR Citation83 FR 9255 
RIN Number0648-XF94

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