Atlantic Highly Migratory Species; Commercial Porbeagle Shark Fishery, 75068-75070 [2014-29552]
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75068
Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014 / Rules and Regulations
enclosed mushroom production
facilities and on pineapples when used
in accordance with label directions and
good agricultural practices. As a result,
EPA concludes that no additional
margin of exposure (safety) is necessary.
VII. Analytical Enforcement
Methodology
An analytical method is not required
for enforcement purposes since the
Agency is establishing an exemption
from the requirement of a tolerance
without any numerical limitation.
Further, residues are not expected on
any other crops because natamycin will
only be applied indoors to these
particular crops.
tkelley on DSK3SPTVN1PROD with RULES
VIII. Conclusion
Based on its assessment of natamycin,
EPA concludes that there is a reasonable
certainty that no harm will result to the
general population, or to infants and
children from aggregate exposure to
natamycin. Therefore, an amendment to
the exemption of a tolerance is
established for residues of natamycin in
or on pineapple.
The Agency is issuing the exemption
for residues on pineapple instead of
limiting this exemption to post-harvest
indoor applications to pineapple
because the restrictions are not relevant
to the FFDCA safety finding for
natamycin. Those limitations are related
to the use of the pesticide and regulated
under FIFRA.
IX. Statutory and Executive Order
Reviews
This final rule establishes an
exemption from the requirement of a
tolerance under FFDCA section 408(d)
in response to a petition submitted to
the Agency. The Office of Management
and Budget (OMB) has exempted these
types of actions from review under
Executive Order 12866, entitled
‘‘Regulatory Planning and Review’’ (58
FR 51735, October 4, 1993). Because
this final rule has been exempted from
review under Executive Order 12866,
this final rule is not subject to Executive
Order 13211, entitled ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001) or Executive Order 13045,
entitled ‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997).
This final rule does not contain any
information collections subject to OMB
approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et
seq., nor does it require any special
considerations under Executive Order
12898, entitled ‘‘Federal Actions to
VerDate Sep<11>2014
15:46 Dec 16, 2014
Jkt 235001
Address Environmental Justice in
Minority Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that
are established on the basis of a petition
under FFDCA section 408(d), such as
the exemption in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
This final rule directly regulates
growers, food processors, food handlers,
and food retailers, not States or tribes,
nor does this action alter the
relationships or distribution of power
and responsibilities established by
Congress in the preemption provisions
of FFDCA section 408(n)(4). As such,
the Agency has determined that this
action will not have a substantial direct
effect on States or tribal governments,
on the relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled ‘‘Consultation and Coordination
with Indian Tribal Governments’’ (65 FR
67249, November 9, 2000) do not apply
to this final rule. In addition, this final
rule does not impose any enforceable
duty or contain any unfunded mandate
as described under Title II of the
Unfunded Mandates Reform Act of 1995
(UMRA) (2 U.S.C. 1501 et seq.).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA) (15 U.S.C. 272 note).
X. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
PO 00000
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Fmt 4700
Sfmt 4700
Dated: December 1, 2014.
Robert McNally,
Director, Biopesticides and Pollution
Prevention Division, Office of Pesticide
Programs.
Therefore, 40 CFR chapter I is
amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Revise § 180.1315 to read as
follows:
■
§ 180.1315 Natamycin; exemption from the
requirement of a tolerance.
An exemption from the requirement
of a tolerance is established for residues
of natamycin in or on mushrooms when
applied as a fungistat to prevent the
germination of fungal spores on
mushrooms produced in enclosed
mushroom production facilities, and in
or on pineapples when applied as a
fungistat in accordance with label
directions and good agricultural
practices.
[FR Doc. 2014–29306 Filed 12–16–14; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket Nos. 130402317–3966–02 and
140429387–4971–02]
RIN 0648–XD659
Atlantic Highly Migratory Species;
Commercial Porbeagle Shark Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure and
addendum to the fishing season
notification.
AGENCY:
NMFS is closing fishing for
the commercial porbeagle shark quota
until further notice. This action is
necessary because, as of December 10,
2014, the commercial landings of
porbeagle sharks during the 2014 fishing
season exceeded the available 2014
adjusted commercial quota and to an
extent that makes 2015 commercial
quota unavailable.
DATES: Fishing for the commercial
porbeagle shark quota is closed effective
11:30 p.m. local time, December 17,
SUMMARY:
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Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014 / Rules and Regulations
2014, until and if NMFS announces via
a subsequent document in the Federal
Register that additional quota is
available and the season is reopened.
The provisions in this document
supercede the January 1, 2015,
commercial season opening date and
commercial quota established for
porbeagle sharks in a December 2, 2014
final rule (79 FR 71331). Fishing for the
commercial porbeagle shark quota will
not open on January 1, 2015; it will
remain closed until subsequent notice is
provided.
FOR FURTHER INFORMATION CONTACT:
Alexis Jackson or Karyl Brewster-Geisz
301–427–8503; fax 301–713–1917.
SUPPLEMENTARY INFORMATION: The
Atlantic shark fisheries are managed
under the 2006 Consolidated Highly
Migratory Species (HMS) Fishery
Management Plan (FMP), its
amendments, and implementing
regulations (50 CFR part 635) issued
under authority of the MagnusonStevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et
seq.).
Under § 635.5(b)(1), dealers must
electronically submit reports on sharks
that are first received from a vessel on
a weekly basis through a NMFSapproved electronic reporting system.
Reports must be received by no later
than midnight, local time, of the first
Tuesday following the end of the
reporting week unless the dealer is
otherwise notified by NMFS. Under
§ 635.28(b)(1), when NMFS calculates
that the landings for a species or
management group that is not linked to
another species or management group
have reached or are projected to reach
80 percent of the available quota, NMFS
will file for publication with the Office
of the Federal Register a notice of
closure for the species or management
group that will be effective no fewer
than 5 days from date of filing. From the
effective date and time of the closure
until NMFS announces, via a document
in the Federal Register, that additional
quota is available and the season is
reopened, the fishery for that species or
management group is closed, even
across fishing years.
On November 26, 2013 (78 FR 70500),
NMFS announced that the commercial
porbeagle shark quota for 2014 was 1.2
metric tons (mt) dressed weight (dw)
(2,820 lb dw). Dealer reports recently
received through December 10, 2014,
indicate that 2.5 mt dw (5,586 lb dw),
or 198 percent, of the available 2014
commercial porbeagle shark quota has
been landed. Dealer reports received
and reviewed to date indicate that 9
percent of the quota was landed from
the opening of the fishery on January 1,
2014, through May 13, 2014; 16 percent
of the quota was landed by September
16, 2014; 37 percent was landed by
October 15, 2014; 55 percent was landed
by November 14, 2014; and 198 percent
of the quota was landed by December
10, 2014. Accordingly, because the
available 2014 commercial quota has
been exceeded to an extent, as described
below, that makes 2015 commercial
quota unavailable, NMFS is closing
fishing for the commercial porbeagle
shark quota as of 11:30 p.m. local time,
December 17, 2014, until further notice.
This closure does not affect other shark
species or management groups.
NMFS previously established a
January 1, 2015 season opening date for
the commercial porbeagle shark quota in
a December 2, 2014 final rule (79 FR
71331). This document supercedes that
provision in the December 2 final rule,
and fishing for the commercial
75069
porbeagle shark quota will remain
closed until further notice.
Also in that final rule, NMFS
announced that the available 2015
commercial porbeagle shark quota was
1.7 mt dw (3,748 lb dw). As of
December 10, 2014, the 2014 landings
exceeded the 2014 commercial quota by
1.3 mt dw (5,586 ¥ 2,820 lb dw = 2,766
lb dw). Accounting for this overharvest
provides for a 2015 commercial quota of
0.4 mt dw (3,748 ¥ 2,766 lb dw = 982
lb dw). It would be difficult to monitor
such a small amount of quota and to
timely assess when landings are
projected to reach 80 percent of it in a
way that allows NMFS to close fishing
for the quota before overharvests would
occur (i.e., when landings reach 0.3 mt
dw or 786 lb dw; § 635.28(b)(1)).
Additionally, it is possible that
additional porbeagle landings could be
reported in 2014 before this closure
becomes effective, making even less
quota available for 2015. Thus, quota
effectively is not available for the 2015
fishing season. Given the effect of the
updated landings data on the
availability of quota for 2015 and the
regulatory closure provision that fishing
for the commercial porbeagle shark
quota remains closed, even across
fishing years, until NMFS announces by
Federal Register document that
additional quota is available and the
season is reopened (§ 635.28(b)(1)),
fishing for the commercial porbeagle
shark quota will not re-open on January
1, 2015; it will remain closed unless
NMFS issues a subsequent document.
Table 1 from the December 2, 2014 final
rule is amended accordingly to reflect
updated landings and actions (closure of
fishery and change in available quota)
associated with this document.
TABLE 1—2015 ANNUAL QUOTAS AND OPENING DATES FOR THE ATLANTIC SHARK FISHERIES
[All quotas and landings are dressed weight (dw), in metric tons (mt), unless specified otherwise]
Management
group
tkelley on DSK3SPTVN1PROD with RULES
Atlantic ...................
VerDate Sep<11>2014
Preliminary 2014
landings 1
Adjustments
2015 Base annual
quota
2015 Final annual
quota
(B)
(C)
(D)
(D + C)
Blacktip Sharks ...
274.3 mt dw
(604,626 lb dw).
202.3 mt dw
(446,024 lb dw).
328.6 mt dw
(724,302 lb dw).
151.2 mt dw
(333,828 lb dw).
25.3 mt dw
(55,722 lb dw).
68.3 mt dw
(150,476 lb dw).
153.7 mt dw
(338,923 lb dw).
14.4 mt dw
(31,733 lb dw).
66.8 mt dw
(147,366 lb dw).
72.0 mt dw
(158,602 lb
dw) 2.
¥1.0 mt dw
(2,337 lb dw) 3.
.............................
256.6 mt dw
(565,700 lb dw).
Aggregated Large
Coastal Sharks.
Hammerhead
Sharks.
Non-Blacknose
Small Coastal
Sharks.
Blacknose Sharks
Gulf of Mexico ........
2014 Annual
quota
(A)
Region
157.5 mt dw
(347,317 lb dw).
25.3 mt dw
(55,722 lb dw).
45.5 mt dw
(100,317 lb dw).
156.5 mt dw
(344,980 lb dw).
25.3 mt dw
(55,722 lb dw).
45.5mt dw
(100,317 lb dw).
1.8 mt dw (4,076
lb dw).
168.9 mt dw
(372,552 lb dw).
27.1 mt dw
(59,736 lb dw).
1.4 mt dw (3,149
lb dw).
101.6 mt dw
(224,098 lb dw).
6.0 mt dw (13,223
lb dw).
2.0 mt dw (4,513
lb dw).
168.9 mt dw
(372,552 lb dw).
27.1 mt dw
(59,736 lb dw).
1.8 mt dw (4,076
lb dw).
168.9 mt dw
(372,552 lb dw).
27.1 mt dw
(59,736 lb dw).
Aggregated Large
Coastal Sharks.
Hammerhead
Sharks.
15:46 Dec 16, 2014
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PO 00000
Frm 00027
Fmt 4700
.............................
¥0.2 mt dw
(¥437 lb dw) 4.
.............................
.............................
Sfmt 4700
E:\FR\FM\17DER1.SGM
17DER1
Season opening
dates
January 1, 2015.
July 1, 2015.
75070
Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014 / Rules and Regulations
TABLE 1—2015 ANNUAL QUOTAS AND OPENING DATES FOR THE ATLANTIC SHARK FISHERIES—Continued
[All quotas and landings are dressed weight (dw), in metric tons (mt), unless specified otherwise]
Non-Blacknose
Small Coastal
Sharks.
Blacknose Sharks
No regional quotas
Non-Sandbar LCS
Research.
Sandbar Shark
Research.
Blue Sharks .........
Porbeagle Sharks
Pelagic Sharks
Other Than
Porbeagle or
Blue.
2014 Annual
quota
Preliminary 2014
landings 1
Adjustments
2015 Base annual
quota
2015 Final annual
quota
(A)
Management
group
Region
(B)
(C)
(D)
(D + C)
264.1 mt dw
(582,333 lb dw).
103.1 mt dw
(227,202 lb dw).
.............................
176.1 mt dw
(388,222 lb dw).
176.1 mt dw
(388,222 lb dw).
17.5 mt dw
(38,638 lb dw).
17.4 mt dw
(38,437 lb dw).
18.0 mt dw
(39,749 lb dw).
17.5 mt dw
(38,638 lb dw).
50.0 mt dw
(110,230 lb dw).
116.6 mt dw
(257,056 lb dw).
273.0 mt dw
(601,856 lb dw).
1.2 mt dw (2,820
lb dw).
488 mt dw
(1,075,856 lb
dw).
14.3 mt dw
(31,543 lb dw).
37.5 mt dw
(82,737 lb dw).
7.8 mt dw (17,157
lb dw).
2.5 mt dw (5,586
lb dw).
126.7 mt dw
(279,276 lb dw).
¥0.5 mt dw
(¥1,111 lb
dw) 4.
.............................
50.0 mt dw
(110,230 lb dw).
116.6 mt dw
(257,056 lb dw).
273.0 mt dw
(601,856 lb dw).
1.7 mt dw (3,748
lb dw).
488.0 mt dw
(1,075,856 lb
dw).
50.0 mt dw
(110,230 lb dw).
116.6 mt dw
(257,056 lb dw).
273.0 mt dw
(601,856 lb dw).
0.4 mt dw (982 lb
dw).
488.0 mt dw
(1,075,856 lb
dw).
.............................
.............................
¥1.3 mt dw
(¥2,766 lb dw).
.............................
Season opening
dates
January 1, 2015.
January 1, 2015.
Closed
5
January 1, 2015.
tkelley on DSK3SPTVN1PROD with RULES
1 All landings except for the porbeagle shark landings are from January 1, 2014, through October 15, 2014, and are subject to change. Porbeagle shark landings
are from January 1, 2014, through December 10, 2014.
2 This adjustment accounts for underharvest in 2014. Therefore, the Gulf of Mexico blacktip shark adjusted quota will be 328.6 mt dw for the 2015 fishing season.
3 This adjustment accounts for overharvests from 2013 and 2014. In the final rule establishing the 2014 quotas (78 FR 70500; November 26, 2013), the 2013 Gulf
of Mexico aggregated LCS quota was overharvested by 6.2 mt dw (13,489 lb dw). After the final rule establishing the 2014 quotas published, late dealer reports indicated the quota was overharvested by an additional 0.1 mt dw (408 lb dw), for a total overharvest of 6.3 mt dw (13,897 lb dw). Recently, NMFS determined that the
2014 final rule overestimated the overharvest from 2013 by 1.3 mt dw (2,758 lb dw). In 2014, the Gulf of Mexico aggregated LCS quota was overharvested by 2.3 mt
dw (5,095 lb dw). Therefore, this final rule reduces the Gulf of Mexico aggregated LCS quota by 1.0 mt dw (2.3 mt dw overharvest in 2014—1.3 mt dw overestimated
from 2013). NMFS will adjust the 2015 base annual quota based on the updated overharvest estimates from 2013 and 2014.
4 This adjustment accounts for overharvest in 2012. After the final rule establishing the 2012 quotas published, late dealer reports indicated the blacknose shark
quota was overharvested by 3.5 mt dw (7,742 lb dw). In the final rule establishing the 2014 quotas, NMFS implemented a 5-year adjustment of the overharvest
amount by the percentage of landings in 2012. Thus, NMFS will reduce the Gulf of Mexico blacknose shark quota by 0.2 mt dw (437 lb dw) and the Atlantic
blacknose shark quota by 0.5 mt dw (1,111 lb dw) each year from 2014 through 2018. NMFS will reduce the 2015 base annual quota based on overharvest from
2012.
5 This closure accounts for overharvest in 2014. After the final rule establishing the 2015 quotas published, dealer reports indicated that the porbeagle quota was
overharvested by 1.3 mt dw (2,766 lb dw). Accounting for this large overharvest would result in a 2015 commercial quota of 0.4 mt dw (3,748¥2,766 lb dw = 982 lb
dw). It would be difficult to monitor such a small amount of quota and to timely assess when landings are projected to reach 80 percent of it in a way that allows
NMFS to close the fishery before overharvests would occur (i.e., when landings reach 0.3 mt dw or 786 lb dw; § 635.28(b)(1)).
During the closure, retention of
porbeagle sharks is prohibited for
persons fishing aboard vessels issued a
commercial shark limited access permit
(LAP) under § 635.4. However, persons
aboard a commercially-permitted vessel
that is also properly permitted to
operate as a charter vessel or headboat
for HMS and is engaged in a for-hire trip
could fish under the recreational
retention limits for sharks and ‘‘no sale’’
provisions (§ 635.22(a) and (c)). A shark
dealer issued a permit pursuant to
§ 635.4 may not purchase or receive
porbeagle sharks from a vessel issued an
Atlantic shark LAP, except that a
permitted shark dealer or processor may
possess porbeagle sharks that were
harvested, off-loaded, and sold, traded,
or bartered, prior to the effective date of
the closure and were held in storage.
Under this closure, a shark dealer issued
a permit pursuant to § 635.4 may, in
accordance with state regulations,
purchase or receive a porbeagle sharks
if the sharks were harvested, off-loaded,
and sold, traded, or bartered from a
vessel that fishes only in state waters
and that has not been issued an Atlantic
Shark LAP, HMS Angling permit, or
HMS Charter/Headboat permit pursuant
to § 635.4.
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15:46 Dec 16, 2014
Jkt 235001
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator for Fisheries,
NOAA (AA), finds that providing prior
notice and public comment for this
action is impracticable and contrary to
the public interest because the fishery is
currently underway and any delay in
this action would result in further
overharvest of the quota and be
inconsistent with management
requirements and objectives. Similarly,
affording prior notice and opportunity
for public comment on this action is
contrary to the public interest because if
the quota is further exceeded, the stock
may be negatively affected and
fishermen ultimately could experience
reductions in the available quota and a
lack of fishing opportunities in future
seasons. For these reasons, the AA also
finds good cause to waive the 30-day
delay in effective date pursuant to 5
U.S.C. 553(d)(3). This action is required
under § 635.28(b)(2) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
PO 00000
Dated: December 12, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2014–29552 Filed 12–12–14; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 140904753–4999–01]
RIN 0648–BE34
Magnuson-Stevens Act Provisions;
Fisheries off West Coast States;
Regulatory Amendment to Pacific
Coast Groundfish Fisheries Trawl
Rationalization Program for the Start of
2015
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This action revises
regulations for the Pacific coast
SUMMARY:
Frm 00028
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17DER1
]]>Agencies
[Federal Register Volume 79, Number 242 (Wednesday, December 17, 2014)]
[Rules and Regulations]
[Pages 75068-75070]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29552]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket Nos. 130402317-3966-02 and 140429387-4971-02]
RIN 0648-XD659
Atlantic Highly Migratory Species; Commercial Porbeagle Shark
Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure and addendum to the fishing season
notification.
-----------------------------------------------------------------------
SUMMARY: NMFS is closing fishing for the commercial porbeagle shark
quota until further notice. This action is necessary because, as of
December 10, 2014, the commercial landings of porbeagle sharks during
the 2014 fishing season exceeded the available 2014 adjusted commercial
quota and to an extent that makes 2015 commercial quota unavailable.
DATES: Fishing for the commercial porbeagle shark quota is closed
effective 11:30 p.m. local time, December 17,
[[Page 75069]]
2014, until and if NMFS announces via a subsequent document in the
Federal Register that additional quota is available and the season is
reopened. The provisions in this document supercede the January 1,
2015, commercial season opening date and commercial quota established
for porbeagle sharks in a December 2, 2014 final rule (79 FR 71331).
Fishing for the commercial porbeagle shark quota will not open on
January 1, 2015; it will remain closed until subsequent notice is
provided.
FOR FURTHER INFORMATION CONTACT: Alexis Jackson or Karyl Brewster-Geisz
301-427-8503; fax 301-713-1917.
SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed
under the 2006 Consolidated Highly Migratory Species (HMS) Fishery
Management Plan (FMP), its amendments, and implementing regulations (50
CFR part 635) issued under authority of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.).
Under Sec. 635.5(b)(1), dealers must electronically submit reports
on sharks that are first received from a vessel on a weekly basis
through a NMFS-approved electronic reporting system. Reports must be
received by no later than midnight, local time, of the first Tuesday
following the end of the reporting week unless the dealer is otherwise
notified by NMFS. Under Sec. 635.28(b)(1), when NMFS calculates that
the landings for a species or management group that is not linked to
another species or management group have reached or are projected to
reach 80 percent of the available quota, NMFS will file for publication
with the Office of the Federal Register a notice of closure for the
species or management group that will be effective no fewer than 5 days
from date of filing. From the effective date and time of the closure
until NMFS announces, via a document in the Federal Register, that
additional quota is available and the season is reopened, the fishery
for that species or management group is closed, even across fishing
years.
On November 26, 2013 (78 FR 70500), NMFS announced that the
commercial porbeagle shark quota for 2014 was 1.2 metric tons (mt)
dressed weight (dw) (2,820 lb dw). Dealer reports recently received
through December 10, 2014, indicate that 2.5 mt dw (5,586 lb dw), or
198 percent, of the available 2014 commercial porbeagle shark quota has
been landed. Dealer reports received and reviewed to date indicate that
9 percent of the quota was landed from the opening of the fishery on
January 1, 2014, through May 13, 2014; 16 percent of the quota was
landed by September 16, 2014; 37 percent was landed by October 15,
2014; 55 percent was landed by November 14, 2014; and 198 percent of
the quota was landed by December 10, 2014. Accordingly, because the
available 2014 commercial quota has been exceeded to an extent, as
described below, that makes 2015 commercial quota unavailable, NMFS is
closing fishing for the commercial porbeagle shark quota as of 11:30
p.m. local time, December 17, 2014, until further notice. This closure
does not affect other shark species or management groups.
NMFS previously established a January 1, 2015 season opening date
for the commercial porbeagle shark quota in a December 2, 2014 final
rule (79 FR 71331). This document supercedes that provision in the
December 2 final rule, and fishing for the commercial porbeagle shark
quota will remain closed until further notice.
Also in that final rule, NMFS announced that the available 2015
commercial porbeagle shark quota was 1.7 mt dw (3,748 lb dw). As of
December 10, 2014, the 2014 landings exceeded the 2014 commercial quota
by 1.3 mt dw (5,586 - 2,820 lb dw = 2,766 lb dw). Accounting for this
overharvest provides for a 2015 commercial quota of 0.4 mt dw (3,748 -
2,766 lb dw = 982 lb dw). It would be difficult to monitor such a small
amount of quota and to timely assess when landings are projected to
reach 80 percent of it in a way that allows NMFS to close fishing for
the quota before overharvests would occur (i.e., when landings reach
0.3 mt dw or 786 lb dw; Sec. 635.28(b)(1)). Additionally, it is
possible that additional porbeagle landings could be reported in 2014
before this closure becomes effective, making even less quota available
for 2015. Thus, quota effectively is not available for the 2015 fishing
season. Given the effect of the updated landings data on the
availability of quota for 2015 and the regulatory closure provision
that fishing for the commercial porbeagle shark quota remains closed,
even across fishing years, until NMFS announces by Federal Register
document that additional quota is available and the season is reopened
(Sec. 635.28(b)(1)), fishing for the commercial porbeagle shark quota
will not re-open on January 1, 2015; it will remain closed unless NMFS
issues a subsequent document. Table 1 from the December 2, 2014 final
rule is amended accordingly to reflect updated landings and actions
(closure of fishery and change in available quota) associated with this
document.
Table 1--2015 Annual Quotas and Opening Dates for the Atlantic Shark Fisheries
[All quotas and landings are dressed weight (dw), in metric tons (mt), unless specified otherwise]
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2014 Annual Preliminary 2014 2015 Base 2015 Final Season opening
Region Management group quota landings \1\ Adjustments annual quota annual quota dates
(A)............. (B)............. (C)............. (D)............ (D + C)........
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Gulf of Mexico............... Blacktip Sharks. 274.3 mt dw 202.3 mt dw 72.0 mt dw 256.6 mt dw 328.6 mt dw January 1,
(604,626 lb dw). (446,024 lb dw). (158,602 lb dw) (565,700 lb (724,302 lb 2015.
\2\. dw). dw).
Aggregated Large 151.2 mt dw 153.7 mt dw -1.0 mt dw 157.5 mt dw 156.5 mt dw
Coastal Sharks. (333,828 lb dw). (338,923 lb dw). (2,337 lb dw) (347,317 lb (344,980 lb
\3\. dw). dw).
Hammerhead 25.3 mt dw 14.4 mt dw ................ 25.3 mt dw 25.3 mt dw
Sharks. (55,722 lb dw). (31,733 lb dw). (55,722 lb dw). (55,722 lb dw).
Non-Blacknose 68.3 mt dw 66.8 mt dw ................ 45.5 mt dw 45.5mt dw
Small Coastal (150,476 lb dw). (147,366 lb dw). (100,317 lb (100,317 lb
Sharks. dw). dw).
Blacknose Sharks 1.8 mt dw (4,076 1.4 mt dw (3,149 -0.2 mt dw (-437 2.0 mt dw 1.8 mt dw
lb dw). lb dw). lb dw) \4\. (4,513 lb dw). (4,076 lb dw).
Atlantic..................... Aggregated Large 168.9 mt dw 101.6 mt dw ................ 168.9 mt dw 168.9 mt dw July 1, 2015.
Coastal Sharks. (372,552 lb dw). (224,098 lb dw). (372,552 lb (372,552 lb
dw). dw).
Hammerhead 27.1 mt dw 6.0 mt dw ................ 27.1 mt dw 27.1 mt dw
Sharks. (59,736 lb dw). (13,223 lb dw). (59,736 lb dw). (59,736 lb dw).
[[Page 75070]]
Non-Blacknose 264.1 mt dw 103.1 mt dw ................ 176.1 mt dw 176.1 mt dw January 1,
Small Coastal (582,333 lb dw). (227,202 lb dw). (388,222 lb (388,222 lb 2015.
Sharks. dw). dw).
Blacknose Sharks 17.5 mt dw 17.4 mt dw -0.5 mt dw (- 18.0 mt dw 17.5 mt dw
(38,638 lb dw). (38,437 lb dw). 1,111 lb dw) (39,749 lb dw). (38,638 lb dw).
\4\.
No regional quotas........... Non-Sandbar LCS 50.0 mt dw 14.3 mt dw ................ 50.0 mt dw 50.0 mt dw January 1,
Research. (110,230 lb dw). (31,543 lb dw). (110,230 lb (110,230 lb 2015.
dw). dw).
Sandbar Shark 116.6 mt dw 37.5 mt dw ................ 116.6 mt dw 116.6 mt dw
Research. (257,056 lb dw). (82,737 lb dw). (257,056 lb (257,056 lb
dw). dw).
Blue Sharks..... 273.0 mt dw 7.8 mt dw ................ 273.0 mt dw 273.0 mt dw
(601,856 lb dw). (17,157 lb dw). (601,856 lb (601,856 lb
dw). dw).
Porbeagle Sharks 1.2 mt dw (2,820 2.5 mt dw (5,586 -1.3 mt dw (- 1.7 mt dw 0.4 mt dw (982 Closed \5\
lb dw). lb dw). 2,766 lb dw). (3,748 lb dw). lb dw).
Pelagic Sharks 488 mt dw 126.7 mt dw ................ 488.0 mt dw 488.0 mt dw January 1,
Other Than (1,075,856 lb (279,276 lb dw). (1,075,856 lb (1,075,856 lb 2015.
Porbeagle or dw). dw). dw).
Blue.
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\1\ All landings except for the porbeagle shark landings are from January 1, 2014, through October 15, 2014, and are subject to change. Porbeagle shark
landings are from January 1, 2014, through December 10, 2014.
\2\ This adjustment accounts for underharvest in 2014. Therefore, the Gulf of Mexico blacktip shark adjusted quota will be 328.6 mt dw for the 2015
fishing season.
\3\ This adjustment accounts for overharvests from 2013 and 2014. In the final rule establishing the 2014 quotas (78 FR 70500; November 26, 2013), the
2013 Gulf of Mexico aggregated LCS quota was overharvested by 6.2 mt dw (13,489 lb dw). After the final rule establishing the 2014 quotas published,
late dealer reports indicated the quota was overharvested by an additional 0.1 mt dw (408 lb dw), for a total overharvest of 6.3 mt dw (13,897 lb dw).
Recently, NMFS determined that the 2014 final rule overestimated the overharvest from 2013 by 1.3 mt dw (2,758 lb dw). In 2014, the Gulf of Mexico
aggregated LCS quota was overharvested by 2.3 mt dw (5,095 lb dw). Therefore, this final rule reduces the Gulf of Mexico aggregated LCS quota by 1.0
mt dw (2.3 mt dw overharvest in 2014_1.3 mt dw overestimated from 2013). NMFS will adjust the 2015 base annual quota based on the updated overharvest
estimates from 2013 and 2014.
\4\ This adjustment accounts for overharvest in 2012. After the final rule establishing the 2012 quotas published, late dealer reports indicated the
blacknose shark quota was overharvested by 3.5 mt dw (7,742 lb dw). In the final rule establishing the 2014 quotas, NMFS implemented a 5-year
adjustment of the overharvest amount by the percentage of landings in 2012. Thus, NMFS will reduce the Gulf of Mexico blacknose shark quota by 0.2 mt
dw (437 lb dw) and the Atlantic blacknose shark quota by 0.5 mt dw (1,111 lb dw) each year from 2014 through 2018. NMFS will reduce the 2015 base
annual quota based on overharvest from 2012.
\5\ This closure accounts for overharvest in 2014. After the final rule establishing the 2015 quotas published, dealer reports indicated that the
porbeagle quota was overharvested by 1.3 mt dw (2,766 lb dw). Accounting for this large overharvest would result in a 2015 commercial quota of 0.4 mt
dw (3,748-2,766 lb dw = 982 lb dw). It would be difficult to monitor such a small amount of quota and to timely assess when landings are projected to
reach 80 percent of it in a way that allows NMFS to close the fishery before overharvests would occur (i.e., when landings reach 0.3 mt dw or 786 lb
dw; Sec. 635.28(b)(1)).
During the closure, retention of porbeagle sharks is prohibited for
persons fishing aboard vessels issued a commercial shark limited access
permit (LAP) under Sec. 635.4. However, persons aboard a commercially-
permitted vessel that is also properly permitted to operate as a
charter vessel or headboat for HMS and is engaged in a for-hire trip
could fish under the recreational retention limits for sharks and ``no
sale'' provisions (Sec. 635.22(a) and (c)). A shark dealer issued a
permit pursuant to Sec. 635.4 may not purchase or receive porbeagle
sharks from a vessel issued an Atlantic shark LAP, except that a
permitted shark dealer or processor may possess porbeagle sharks that
were harvested, off-loaded, and sold, traded, or bartered, prior to the
effective date of the closure and were held in storage. Under this
closure, a shark dealer issued a permit pursuant to Sec. 635.4 may, in
accordance with state regulations, purchase or receive a porbeagle
sharks if the sharks were harvested, off-loaded, and sold, traded, or
bartered from a vessel that fishes only in state waters and that has
not been issued an Atlantic Shark LAP, HMS Angling permit, or HMS
Charter/Headboat permit pursuant to Sec. 635.4.
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for
Fisheries, NOAA (AA), finds that providing prior notice and public
comment for this action is impracticable and contrary to the public
interest because the fishery is currently underway and any delay in
this action would result in further overharvest of the quota and be
inconsistent with management requirements and objectives. Similarly,
affording prior notice and opportunity for public comment on this
action is contrary to the public interest because if the quota is
further exceeded, the stock may be negatively affected and fishermen
ultimately could experience reductions in the available quota and a
lack of fishing opportunities in future seasons. For these reasons, the
AA also finds good cause to waive the 30-day delay in effective date
pursuant to 5 U.S.C. 553(d)(3). This action is required under Sec.
635.28(b)(2) and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 12, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2014-29552 Filed 12-12-14; 4:15 pm]
BILLING CODE 3510-22-P
