Atlantic Highly Migratory Species; Atlantic Commercial Shark Management Measures, 63668-63672 [E8-25557]
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63668
Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Proposed Rules
SUMMARY: The United States Fish and
Wildlife Service (FWS) and the National
Marine Fisheries Service (NMFS)
(collectively, ‘‘Services’’ or ‘‘we’’)
previously proposed to amend
regulations governing interagency
cooperation under the Endangered
Species Act of 1973 (Act) (73 FR 47868–
47875; August 15, 2008).
The Services proposed these
regulatory changes to improve the
effectiveness and efficiency of the
section 7(a)(2) consultation process.
This Federal Register notice advises the
public that we (FWS and NOAA) have
prepared a Draft Environmental
Assessment (Draft EA) under the
National Environmental Policy Act
(NEPA) that assesses the potential
environmental effects of the proposed
regulatory changes currently under
consideration. The Draft EA is available
for public review at the following Web
site: https://www.doi.gov/issues/
esa.html.
To ensure consideration, we
must receive written comments by
November 6, 2008.
ADDRESSES: Comments may be
submitted in two ways: (1) Through the
Federal eRulemaking Portal at https://
www.regulations.gov. Follow the
instructions on the Web site for
submitting comments; or (2) by U.S.
mail or hand-delivery to Public
Comment Processing, Attention: 1018AT50, Division of Policy and Directives
Management, U.S. Fish and Wildlife
Service, 4401 North Fairfax Drive, Suite
222, Arlington, VA 22203. We will not
accept e-mail or faxes.
Our practice is to make comments,
including names and home addresses of
respondents, available for public
review. Individual respondents may
request that we withhold their home
address from public disclosure, which
we will honor to the extent allowable by
law. If you wish us to withhold your
name and/or address, you must state
this prominently at the beginning of
your comment. We will make all
submissions from organizations or
businesses, and from individuals
identifying themselves as
representatives or officials of
organizations or businesses, available
for public disclosure in their entirety.
FOR FURTHER INFORMATION CONTACT:
Office of the Assistant Secretary for Fish
and Wildlife and Parks, 1849 C Street,
NW., Washington, DC 20240, telephone:
202–208–4416; or James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service, 1315
East-West Highway, Silver Spring, MD
20910; telephone: 301–713–2332.
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DATES:
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The
Endangered Species Act of 1973, as
amended (‘‘Act’’; 16 U.S.C. 1531 et seq.)
provides that the Secretaries of the
Interior and Commerce (the
‘‘Secretaries’’) share responsibilities for
implementing most of the provisions of
the Act. Generally, marine species are
under the jurisdiction of the Secretary of
Commerce and all other species are
under the jurisdiction of the Secretary of
the Interior. With respect to agency
consultation pursuant to Section 7 of
the Act, authority to administer the Act
has been delegated by the Secretary of
the Interior to the Director of the FWS
and by the Secretary of Commerce
through the Administrator of the
National Oceanic and Atmospheric
Administration to the Assistant
Administrator for NMFS.
On May 15, 2008, Secretary
Kempthorne announced that he would
propose common sense modifications to
the existing regulations that implement
this section of the ESA in order to
provide greater clarity and certainty to
the inter-agency consultation process. In
the Federal Register notice proposing
the regulatory modifications analyzed in
this EA, the Services noted the
importance of refining the ESA section
7(a)(2) consultation process to better set
forth certain regulatory definitions and
the applicability of this important
interagency process.
While neither NEPA nor its
implementing regulations require that
EAs be made available for public
comment, the Services’ have concluded
that it is appropriate in this instance to
provide an opportunity for public
review and comment on the draft EA, as
set forth above.
SUPPLEMENTARY INFORMATION:
Dated: October 23, 2008.
David M. Verhey,
Acting Assistant Secretary, Fish and Wildlife
and Parks, Department of the Interior.
Samuel D. Rauch,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service, National Oceanic and
Atmospheric Administration.
[FR Doc. E8–25678 Filed 10–23–08; 4:15 pm]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 080723890–81314–01]
RIN 0648–AX03
Atlantic Highly Migratory Species;
Atlantic Commercial Shark
Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
SUMMARY: This proposed rule would
adjust quotas for the 2009 fishing season
for sandbar sharks, non–sandbar large
coastal sharks (LCS), small coastal
sharks (SCS), and pelagic sharks
managed under Amendment 2 to the
2006 Consolidated Atlantic Highly
Migratory Species (HMS) Fishery
Management Plan (FMP) based on any
over– and/or underharvests experienced
during the 2008 Atlantic commercial
shark fishing season. The purpose of
this proposed action is to provide
advance notice of quotas for the Atlantic
commercial shark fishery and address
any over– and/or underharvests that
may have occurred in the Atlantic shark
fishery during the 2008 fishing season.
DATES: Written comments will be
accepted until November 26, 2008.
ADDRESSES: You may submit comments,
identified by 0648–AX03, by any one of
the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov
• Fax: 301–713–1917, Attn: Karyl
Brewster–Geisz
• Mail: 1315 East–West Highway,
Silver Spring, MD 20910. Please mark
the outside of the envelope ‘‘Comments
on Proposed Rule for 2009 Atlantic
Commercial Shark Fishing Season. ’’
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments (enter N/A in the required
fields, if you wish to remain
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Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Proposed Rules
anonymous). You may submit
attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Karyl Brewster–Geisz by phone: 301–
713–2347, or by fax: 301–713–1917, or
Jackie Wilson by phone: 240–338–3936.
SUPPLEMENTARY INFORMATION:
Background
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The Atlantic shark fishery is managed
under the authority of the Magnuson–
Stevens Fishery Conservation and
Management Act (Magnuson–Stevens
Act). The regulations outlined in the
2006 Consolidated HMS FMP and its
amendments are implemented at 50 CFR
part 635.
On July 24, 2008, NMFS published a
final rule (73 FR 35778, corrected at 73
FR 40658, July 15, 2008) implementing
Amendment 2 to the 2006 Consolidated
HMS FMP. That final rule established
the annual quotas for all Atlantic shark
fisheries and also established adjusted
base annual quotas for non–sandbar LCS
and sandbar sharks through December
31, 2012, to account for large
overharvests that occurred in 2007. That
final rule also established accounting
measures for under– and overharvests
and redefined the regions in the shark
fishery.
As a result of that final rule, the
Atlantic shark annual quotas and
adjusted base annual quotas apply to all
areas of the Atlantic Ocean, Gulf of
Mexico, and Caribbean Sea, with the
exception of non–sandbar LCS quota
outside of the shark research fishery.
The non–sandbar LCS quota outside the
research fishery is split between the
Atlantic Ocean and Gulf of Mexico. The
boundary delineating these two regions
is a line beginning on the east coast of
Florida at the mainland at 25°20.4′ N.
lat, proceeding due east. Any water and
land to the south and west of that
boundary is considered, for the
purposes of quota monitoring and
setting of quotas, to be within the Gulf
of Mexico region. Any water and land
to the north and east of that boundary,
for the purposes of quota monitoring
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and setting of quotas, is considered to be
within the Atlantic region.
Accounting for Under– and
Overhavests
Consistent with 50 CFR
635.27(b)(1)(vii)(A), if the available
quota in a particular region or in the
research fishery for non–sandbar LCS is
exceeded in any fishing season, NMFS
will deduct an amount equivalent to the
overharvest(s) from the following
fishing season or, depending on the
level of overharvest(s), NMFS may
deduct an amount equivalent to the
overharvest(s) spread over a number of
subsequent fishing seasons to a
maximum of five years, in the specific
region or research fishery where the
overharvest occurred. If the available
quota for sandbar sharks, SCS, porbeagle
sharks, and pelagic sharks (other than
porbeagle or blue sharks) is exceeded in
any fishing season, NMFS will deduct
an amount equivalent to the
overharvest(s) from the following
fishing season or, depending on the
level of overharvest(s), NMFS may
deduct an amount equivalent to the
overharvest(s) spread over a number of
subsequent fishing seasons to a
maximum of five years. If the blue shark
quota is exceeded, NMFS will reduce
the annual commercial quota for pelagic
sharks (other than porbeagle or blue
sharks) by the amount that the blue
shark quota is exceeded prior to the start
of the next fishing season or, depending
on the level of overharvest(s), NMFS
will deduct an amount equivalent to the
overharvest(s) spread over a number of
subsequent fishing seasons to a
maximum of five years.
If an annual quota for sandbar sharks,
SCS, blue sharks, porbeagle sharks, or
pelagic sharks (other than porbeagle or
blue sharks) is not exceeded, NMFS may
adjust the annual quota depending on
the status of the stock or quota group.
If the annual quota for non–sandbar LCS
is not exceeded in either region or in the
research fishery, NMFS may adjust the
annual quota for that region or the
research fishery depending on the status
of the stock or quota group. If the stock/
complex (e.g., sandbar sharks, porbeagle
sharks, non–sandbar LCS, or blue
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sharks) or specific species within a
quota group (e.g., blacknose sharks
within the SCS complex) is declared to
be overfished, to have overfishing
occurring, or to have an unknown
status, NMFS will not adjust the
following fishing year’s quota for any
underharvest, and the following fishing
year’s quota will be equal to the base
annual quota (or the adjusted base quota
for sandbar sharks and non–sandbar
LCS until December 31, 2012).
Currently, blacknose sharks within
the SCS complex and sandbar sharks
have been determined to be overfished
with overfishing occurring. Porbeagle
sharks have been determined to be
overfished. Blue sharks and pelagic
sharks (other than porbeagle or blue
sharks) have an unknown stock status.
Finally, blacktip sharks in the Gulf of
Mexico region were determined to not
be overfished with no overfishing
occurring. However, blacktip sharks
were placed in the non–sandbar LCS
complex for the Atlantic and Gulf of
Mexico regions, the status of which has
been determined to be unknown.
Therefore, since the individual species,
complexes, and species within a
complex have all been determined to be
either overfished, overfished with
overfishing occurring, or unknown, no
underharvests from the 2008 Atlantic
commercial shark fishing season will be
applied to the 2009 annual quotas or
adjusted base quotas. Thus, the 2009
proposed quotas will be equal to the
base annual quota for SCS, porbeagle
sharks, blue sharks, and pelagic sharks
(other than porbeagle or blue sharks) or
the adjusted base annual quota for
sandbar sharks and non–sandbar LCS,
minus any potential overharvests that
may have occurred in the 2008 season.
2009 Proposed Quotas
This proposed rule does not propose
any changes to the overall adjusted base
and annual commercial quotas as
established under Amendment 2 to the
2006 Consolidated HMS FMP. Proposed
2009 quotas for the 2009 Atlantic
commercial shark fishing season by
species and species group are
summarized in Tables 1 and 2.
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Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Proposed Rules
TABLE 1. 2009 PROPOSED QUOTAS FOR NON–SANDBAR LCS AND SANDBAR SHARKS FOR THE 2009 COMMERCIAL SHARK
FISHING SEASON.
All quotas and landings are dressed weight (dw), in metric tons (mt), unless specified otherwise.
Preliminary
2008 Landings2
Overharvest
2009 Base
Annual
Quota
2009 Proposed Quota
390.5
(860,896 lb
dw)
312.4
(688,717 lb
dw)
96.4
(212,652 lb
dw)
390.5
(860,896 lb
dw)
390.5
(860,896 lb
dw)
Effective date
of final rule
—
To be determined
187.8
(414,024 lb
dw)
150.2
(331,131 lb
dw)
118.6
(261,466 lb
dw)
—
187.8
(414,024 lb
dw)
187.8
(414,024 lb
dw)
37.5
(82,673 lb dw)
30.0
(66,138 lb
dw)
3.3
(7,275 lb dw)
–
37.5
(82,673 lb
dw)
37.5
(82,673 lb
dw)
87.9
(193,784 lb
dw)
Non–Sandbar
LCS Research
Quota
80 Percent of
2008 Available Quota
Atlantic
Non–Sandbar
Large Coastal
Sharks
2008 Base
Annual
Quota1
Gulf of
Mexico
Species Group
70.3
(154,983 lb
dw)
27.2
(59,965 lb
dw)
—
87.9
(193,784 lb
dw)
87.9
(193,784 lb
dw)
Region
No regional
quotas
Sandbar Research Quota
12008
Proposed
Season
annual base quotas are the quotas being implemented from July 24, 2008, until December 31, 2012.
are from January 1, 2008 until September 15, 2008, and are subject to change.
2Landings
TABLE 2. 2009 PROPOSED QUOTAS FOR SCS AND PELAGIC SHARKS FOR THE 2009 COMMERCIAL SHARK FISHING SEASON.
All quotas and landings are dressed weight, in metric tons, unless specified otherwise.
Region
2008 Annual
Quota
80 Percent of
2008 Available Quota
Preliminary
2008 Landings1
No regional
quotas
454
(1,000,888 lb
dw)
363.2
(800,710 lb
dw)
273
(601,856 lb
dw)
Porbeagle
Sharks
Pelagic Sharks
Other Than
Porbeagle or
Blue
Small Coastal
Sharks
Blue Sharks
1Landings
Overharvest
2009 Annual
Quota
2009 Proposed Quota
Proposed
Season
154.7
(341,054 lb
dw)
—
454
(1,000,888 lb
dw)
454
(1,000,888 lb
dw)
Effective date
of final rule
—
To be determined
218.4
(481,485 lb
dw)
0.6
(1,224 lb dw)
—
273
(601,856 lb
dw)
273
(601,856 lb
dw)
1.7
(3,748 lb dw)
Species Group
1.36
(2,998 lb dw)
0.9
(1,888 lb dw)
—
1.7
(3,748 lb dw)
1.7
(3,748 lb dw)
488
(1,075,856 lb
dw)
390.4
(860,676 lb
dw)
103.5
(228,139 lb
dw)
—
488
(1,075,856 lb
dw)
488
(1,075,856 lb
dw)
are from January 1, 2008, until September 15, 2008, and are subject to change.
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As of September 15, 2008, no Atlantic
commercial shark quotas have been
exceeded during the 2008 Atlantic
commercial shark fishing season. The
2009 proposed quotas for the respective
shark complexes/species are subject to
change in the final rule for this action,
based on any final calculations that
reveal, if any, overharvests in the 2008
season.
1. Proposed 2009 Quotas for Non–
Sandbar LCS and Sandbar Sharks
Within the Shark Research Fishery
Pursuant to Amendment 2 to the 2006
Consolidated HMS FMP, the 2009
adjusted base annual commercial quotas
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within the shark research fishery are
37.5 mt dw (82,673 lb dw) for non–
sandbar LCS and 87.9 mt dw (193,784
lb dw) for sandbar sharks. This
proposed rule does not propose any
changes to any of the overall adjusted
base commercial quotas.
Within the shark research fishery, as
of September 15, 2008, preliminary
reported landings of non–sandbar LCS
were at 8.8 percent (3.3 mt dw), and
sandbar shark reported landings were at
30.9 percent (27.2 mt dw). These
reported landings do not exceed the
available quota. Therefore, based on
preliminary estimates, the 2009
proposed quotas do not need to be
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reduced based on any overharvests,
consistent with the current regulations
at 50 CFR 635.27(b)(1)(vii).
Under 50 CFR 635.27(b)(1)(vii)(A),
because the individual species,
complexes, or species within a complex
have been determined to be either
overfished, overfished with overfishing
occurring, or have an unknown status,
underharvests for these species and/or
complexes would not be applied to the
2009 quotas. Therefore, the 2009
proposed quotas would be the adjusted
base annual quotas for non–sandbar LCS
and sandbar sharks within the shark
research fishery (37.5 mt dw (82,673 lb
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dw) and 87.9 mt dw (193,784 lb dw),
respectively).
2. Proposed 2009 Quotas for the Non–
Sandbar LCS in the Gulf of Mexico
Region
Pursuant to Amendment 2 to the 2006
Consolidated HMS FMP, the 2009
adjusted base annual quota for non–
sandbar LCS in the Gulf of Mexico
region is 390.5 mt dw (860,896 lb dw).
As of September 15, 2008, preliminary
reported landings were at 24.7 percent
(96.4 mt dw) for non–sandbar LCS in
the Gulf of Mexico region. These
reported landings do not exceed the
available quota. However, since the
status of this complex is unknown, any
underharvest would not be applied to
the 2009 adjusted base annual quota.
Therefore, the 2009 proposed quota
would be the adjusted base annual
quota for non–sandbar LCS in the Gulf
of Mexico region or 390.5 mt dw
(860,896 lb dw), as established in
Amendment 2 and its final rule.
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3. Proposed 2009 Quotas for the Non–
Sandbar LCS in the Atlantic Region
Pursuant to Amendment 2 to the 2006
Consolidated HMS FMP, the 2009
adjusted base annual quota for non–
sandbar LCS in the Atlantic region is
187.8 mt dw (414,024 lb dw). As of
September 15, 2008, preliminary
reported landings were at 63.2 percent
(118.6 mt dw) for non–sandbar LCS in
the Atlantic region. These landings do
not exceed the available quota.
However, since the status of this
complex is unknown, any underharvest
would not be applied to the 2009
adjusted base annual quota. Therefore,
the 2009 proposed quota would be the
adjusted base annual quota for non–
sandbar LCS in the Atlantic region or
187.8 mt dw (414,024 lb dw), as
established in Amendment 2 and its
final rule.
4. Proposed 2009 Quotas for SCS and
Pelagic Sharks
Pursuant to Amendment 2 to the 2006
Consolidated HMS FMP, the 2009
annual commercial quotas for small
coastal sharks, blue sharks, porbeagle
sharks, and pelagic sharks (other than
porbeagle or blue sharks) are 454 mt dw
(1,000,888 lb dw), 273 mt dw (601,856
lb dw), 1.7 mt dw (3,748 lb dw), and 488
mt dw (1,075,856 lb dw), respectively.
This proposed rule does not propose
any changes to these overall annual
commercial quotas.
As of September 15, 2008,
preliminary reported landings of SCS,
blue sharks, porbeagle sharks, and
pelagic sharks (other than porbeagle and
blue sharks) were at 34.1 percent (154.7
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mt dw), 0.2 percent (0.6 mt dw), 52.9
percent (0.9 mt dw), and 21.2 percent
(103.5 mt dw), respectively. These
landings do not exceed the available
quotas. However, under 50 CFR
635.27(b)(1)(vii)(A), because the
individual species, complexes, or
species within a complex have been
determined to be either overfished,
overfished with overfishing occurring,
or have an unknown status,
underharvests for these species and/or
complexes would not be applied to the
2009 quotas. Therefore, the 2009
proposed quotas would be the annual
quotas for SCS, blue sharks, porbeagle
sharks, and pelagic sharks (other than
blue and porbeagle sharks) (454 mt dw
(1,000,888 lb dw), 273 mt dw (601,856
lb dw), 1.7 mt dw (3,748 lb dw), and 488
mt dw (1,075,856 lb dw), respectively).
Proposed Fishing Season Notification
for the 2009 Atlantic Commercial Shark
Fishing Season
The 2009 Atlantic commercial shark
fishing season for non–sandbar LCS,
sandbar sharks, SCS, blue sharks,
porbeagle sharks, and pelagic sharks
(other than porbeagle and blue sharks)
in the northwestern Atlantic Ocean,
including the Gulf of Mexico and the
Caribbean Sea, is proposed to open
upon the effective date of the final rule
for this action. The fishery will remain
open until December 31, 2009, unless
NMFS calculates that the fishing season
landings for sandbar shark, non–sandbar
LCS, SCS, blue sharks, porbeagle sharks,
or pelagic sharks (other than porbeagle
or blue sharks) has reached, or is
projected to reach, 80 percent of the
available quota. At that time, consistent
with 50 CFR 635.27(b)(1), NMFS will
file for publication with the Office of the
Federal Register a notice of closure for
that shark species group and/or region
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 notice in
the Federal Register, that additional
quota is available and the season is
reopened, the fishery for the shark
species group and, for non–sandbar
LCS, region would remain closed, even
across fishing years, consistent with 50
CFR 635.28(b)(2).
Request for Comments
Comments on this proposed rule may
be submitted via email, mail, or fax.
NMFS solicits comments on this
proposed rule by November 26, 2008
(see DATES and ADDRESSES).
Classification
This proposed rule is published under
the authority of the Magnuson–Stevens
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Act, 16 U.S.C. 1801 et seq. Consistent
with 50 CFR 635.27(b)(1)(vii), the
purpose of this action is to adjust the
Atlantic shark annual quotas based on
over– and/or underharvests from the
2008 commercial shark fishing season.
This proposed rule will not increase the
overall quotas or landings for non–
sandbar LCS, sandbar sharks, SCS, blue,
porbeagle, or pelagic sharks (other than
porbeagle or blue sharks), and is not
expected to increase fishing effort or
protected species interactions.
On July 24, 2008, NMFS published a
final rule (73 FR 35778, corrected at 73
FR 40658) for Amendment 2 to the 2006
Consolidated HMS FMP that established
adjusted base annual quotas for non–
sandbar LCS and sandbar sharks. The
final rule also established annual quotas
for SCS, porbeagle sharks, blue sharks,
and pelagic sharks (other than porbeagle
or blue sharks). A final regulatory
flexibility analysis (FRFA) conducted
for the final rule for Amendment 2 to
the Consolidated HMS FMP indicated
that, as of October 2007, there were
approximately 231 directed commercial
shark permit holders, 296 incidental
commercial shark permit holders, and
269 Atlantic shark dealer permit
holders, all of which are considered
small entities according to the Small
Business Administration’s standard for
defining a small entity (5 U.S.C.
603(b)(3)). As of 2008, there were
approximately 214 directed commercial
shark permit holders, 285 incidental
commercial shark permit holders, and
128 commercial shark dealers. The
FRFA concluded that the economic
impacts on these small entities,
resulting from adjusting the quotas for
under– or overharvests in subsequent
years via proposed and final
rulemaking, were expected to be
minimal.
However, the FRFA did expect
negative economic impacts based on the
new quotas and retention limits
established in the final rule for
Amendment 2 to the 2006 Consolidated
HMS FMP. Amendment 2 to the 2006
Consolidated HMS FMP estimated that,
based on 2006 ex–vessel prices, vessels
operating within the research fishery
could make $437,963 in gross revenues
from sandbar and non–sandbar LCS
landings. Since 5 to 10 vessels were
anticipated to participate in the research
fishery, NMFS estimated that the
average gross revenues per vessel on
sandbar shark and non–sandbar LCS
landings would range from $87,593 (i.e.,
$437,963 / 5 vessels) to $43,796 (i.e.,
$437,963 / 10 vessels). Based on the
quotas established outside the shark
research fishery, it was estimated that
vessels operating outside the research
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fishery could expect gross revenues of
$516,285 in the Atlantic region and
$1,273,269 in the Gulf of Mexico region
from non–sandbar LCS landings, based
on 2006 ex–vessel prices. In total,
vessels operating within, and outside, of
the research fishery were expected to
have gross revenues of $2,227,517 in
sandbar and non–sandbar LCS landings.
This was a 55–percent reduction in
gross revenues from sandbar sharks and
non–sandbar LCS under the status quo
(gross revenues based on directed and
incidental permit holders’ landings
prior to the implementation of
Amendment 2 to the 2006 Consolidated
HMS FMP were $4,903,001).
This proposed rule would not change
the overall adjusted base annual non–
sandbar LCS and sandbar shark quotas
nor would it change the annual quotas
for SCS, blue, porbeagle, or pelagic
sharks (other than porbeagle or blue
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sharks) established in the final rule for
Amendment 2 to the 2006 Consolidated
HMS FMP, or implement any new
management measures not previously
considered, and is not expected to
increase fishing effort or protected
species interactions. This proposed rule
would adjust the quotas for each
species/species complex based on any
over– and/or underharvests from the
2008 Atlantic commercial shark fishing
season consistent with 50 CFR
635.27(b)(1)(vii).
Since the 2009 proposed quotas for
non–sandbar LCS, sandbar sharks, SCS,
blue sharks, porbeagle sharks, or pelagic
sharks (other than porbeagle or blue
sharks) would be the same as those
implemented in the final rule for
Amendment 2 to the 2006 Consolidated
HMS FMP, there are no expected
economic impacts to fishermen other
than those already analyzed in
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
Amendment 2 to the 2006 Consolidated
HMS FMP. Thus, the Chief Counsel for
Regulation at the Department of
Commerce certified to the Chief Counsel
for Advocacy at the Small Business
Administration that this action would
not have a significant economic impact
on a substantial number of small entities
beyond those considered in Amendment
2 to the 2006 Consolidated HMS FMP
and its final rule (73 FR 35778,
corrected at 73 FR 40658).
This proposed rule has been
determined to be not significant for
purposed of Executive Order 12866.
Dated: October 21, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E8–25557 Filed 10–24–08; 8:45 am]
BILLING CODE 3510–22–S
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27OCP1
]]>Agencies
[Federal Register Volume 73, Number 208 (Monday, October 27, 2008)]
[Proposed Rules]
[Pages 63668-63672]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25557]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 080723890-81314-01]
RIN 0648-AX03
Atlantic Highly Migratory Species; Atlantic Commercial Shark
Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would adjust quotas for the 2009 fishing
season for sandbar sharks, non-sandbar large coastal sharks (LCS),
small coastal sharks (SCS), and pelagic sharks managed under Amendment
2 to the 2006 Consolidated Atlantic Highly Migratory Species (HMS)
Fishery Management Plan (FMP) based on any over- and/or underharvests
experienced during the 2008 Atlantic commercial shark fishing season.
The purpose of this proposed action is to provide advance notice of
quotas for the Atlantic commercial shark fishery and address any over-
and/or underharvests that may have occurred in the Atlantic shark
fishery during the 2008 fishing season.
DATES: Written comments will be accepted until November 26, 2008.
ADDRESSES: You may submit comments, identified by 0648-AX03, by any one
of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal https://www.regulations.gov
Fax: 301-713-1917, Attn: Karyl Brewster-Geisz
Mail: 1315 East-West Highway, Silver Spring, MD 20910.
Please mark the outside of the envelope ``Comments on Proposed Rule for
2009 Atlantic Commercial Shark Fishing Season. ''
Instructions: All comments received are a part of the public record
and will generally be posted to https://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain
[[Page 63669]]
anonymous). You may submit attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz by phone: 301-
713-2347, or by fax: 301-713-1917, or Jackie Wilson by phone: 240-338-
3936.
SUPPLEMENTARY INFORMATION:
Background
The Atlantic shark fishery is managed under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). The regulations outlined in the 2006 Consolidated HMS FMP
and its amendments are implemented at 50 CFR part 635.
On July 24, 2008, NMFS published a final rule (73 FR 35778,
corrected at 73 FR 40658, July 15, 2008) implementing Amendment 2 to
the 2006 Consolidated HMS FMP. That final rule established the annual
quotas for all Atlantic shark fisheries and also established adjusted
base annual quotas for non-sandbar LCS and sandbar sharks through
December 31, 2012, to account for large overharvests that occurred in
2007. That final rule also established accounting measures for under-
and overharvests and redefined the regions in the shark fishery.
As a result of that final rule, the Atlantic shark annual quotas
and adjusted base annual quotas apply to all areas of the Atlantic
Ocean, Gulf of Mexico, and Caribbean Sea, with the exception of non-
sandbar LCS quota outside of the shark research fishery. The non-
sandbar LCS quota outside the research fishery is split between the
Atlantic Ocean and Gulf of Mexico. The boundary delineating these two
regions is a line beginning on the east coast of Florida at the
mainland at 25[deg]20.4' N. lat, proceeding due east. Any water and
land to the south and west of that boundary is considered, for the
purposes of quota monitoring and setting of quotas, to be within the
Gulf of Mexico region. Any water and land to the north and east of that
boundary, for the purposes of quota monitoring and setting of quotas,
is considered to be within the Atlantic region.
Accounting for Under- and Overhavests
Consistent with 50 CFR 635.27(b)(1)(vii)(A), if the available quota
in a particular region or in the research fishery for non-sandbar LCS
is exceeded in any fishing season, NMFS will deduct an amount
equivalent to the overharvest(s) from the following fishing season or,
depending on the level of overharvest(s), NMFS may deduct an amount
equivalent to the overharvest(s) spread over a number of subsequent
fishing seasons to a maximum of five years, in the specific region or
research fishery where the overharvest occurred. If the available quota
for sandbar sharks, SCS, porbeagle sharks, and pelagic sharks (other
than porbeagle or blue sharks) is exceeded in any fishing season, NMFS
will deduct an amount equivalent to the overharvest(s) from the
following fishing season or, depending on the level of overharvest(s),
NMFS may deduct an amount equivalent to the overharvest(s) spread over
a number of subsequent fishing seasons to a maximum of five years. If
the blue shark quota is exceeded, NMFS will reduce the annual
commercial quota for pelagic sharks (other than porbeagle or blue
sharks) by the amount that the blue shark quota is exceeded prior to
the start of the next fishing season or, depending on the level of
overharvest(s), NMFS will deduct an amount equivalent to the
overharvest(s) spread over a number of subsequent fishing seasons to a
maximum of five years.
If an annual quota for sandbar sharks, SCS, blue sharks, porbeagle
sharks, or pelagic sharks (other than porbeagle or blue sharks) is not
exceeded, NMFS may adjust the annual quota depending on the status of
the stock or quota group. If the annual quota for non-sandbar LCS is
not exceeded in either region or in the research fishery, NMFS may
adjust the annual quota for that region or the research fishery
depending on the status of the stock or quota group. If the stock/
complex (e.g., sandbar sharks, porbeagle sharks, non-sandbar LCS, or
blue sharks) or specific species within a quota group (e.g., blacknose
sharks within the SCS complex) is declared to be overfished, to have
overfishing occurring, or to have an unknown status, NMFS will not
adjust the following fishing year's quota for any underharvest, and the
following fishing year's quota will be equal to the base annual quota
(or the adjusted base quota for sandbar sharks and non-sandbar LCS
until December 31, 2012).
Currently, blacknose sharks within the SCS complex and sandbar
sharks have been determined to be overfished with overfishing
occurring. Porbeagle sharks have been determined to be overfished. Blue
sharks and pelagic sharks (other than porbeagle or blue sharks) have an
unknown stock status. Finally, blacktip sharks in the Gulf of Mexico
region were determined to not be overfished with no overfishing
occurring. However, blacktip sharks were placed in the non-sandbar LCS
complex for the Atlantic and Gulf of Mexico regions, the status of
which has been determined to be unknown. Therefore, since the
individual species, complexes, and species within a complex have all
been determined to be either overfished, overfished with overfishing
occurring, or unknown, no underharvests from the 2008 Atlantic
commercial shark fishing season will be applied to the 2009 annual
quotas or adjusted base quotas. Thus, the 2009 proposed quotas will be
equal to the base annual quota for SCS, porbeagle sharks, blue sharks,
and pelagic sharks (other than porbeagle or blue sharks) or the
adjusted base annual quota for sandbar sharks and non-sandbar LCS,
minus any potential overharvests that may have occurred in the 2008
season.
2009 Proposed Quotas
This proposed rule does not propose any changes to the overall
adjusted base and annual commercial quotas as established under
Amendment 2 to the 2006 Consolidated HMS FMP. Proposed 2009 quotas for
the 2009 Atlantic commercial shark fishing season by species and
species group are summarized in Tables 1 and 2.
[[Page 63670]]
Table 1. 2009 proposed quotas for non-sandbar LCS and sandbar sharks for the 2009 commercial shark fishing
season.
All quotas and landings are dressed weight (dw), in metric tons (mt), unless specified otherwise.
----------------------------------------------------------------------------------------------------------------
80 Percent 2009
2008 Base of 2008 Preliminary Base 2009 Proposed
Species Group Region Annual Available 2008 Overharvest Annual Proposed Season
Quota\1\ Quota Landings\2\ Quota Quota
----------------------------------------------------------------------------------------------------------------
Non-Sandbar Gulf of 390.5 312.4 96.4 390.5 390.5 Effective
Large Coastal Mexico (860,896 (688,717 lb (212,652 lb (860,896 lb (860,89 date of
Sharks lb dw) dw) dw) dw) 6 lb final
dw) rule
--
To be
determin
ed
-------------------------------------------------------------------------------------
Atlantic 187.8 150.2 118.6 -- 187.8 187.8
(414,024 (331,131 lb (261,466 lb (414,02 (414,024
lb dw) dw) dw) 4 lb lb dw)
dw)
------------------------------------------------------------------------------------------------------
Non-Sandbar LCS No 37.5 30.0 3.3 - 37.5 37.5
Research Quota regiona (82,673 lb (66,138 lb (7,275 lb dw) (82,673 (82,673
l dw) dw) lb dw) lb dw)
quotas
----------------- ---------------------------------------------------------------------------
Sandbar Research ........ 87.9 70.3 27.2 -- 87.9 87.9
Quota (193,784 (154,983 lb (59,965 lb (193,78 (193,784
lb dw) dw) dw) 4 lb lb dw)
dw)
----------------------------------------------------------------------------------------------------------------
\1\2008 annual base quotas are the quotas being implemented from July 24, 2008, until December 31, 2012.
\2\Landings are from January 1, 2008 until September 15, 2008, and are subject to change.
Table 2. 2009 proposed quotas for SCS and pelagic sharks for the 2009 commercial shark fishing season.
All quotas and landings are dressed weight, in metric tons, unless specified otherwise.
----------------------------------------------------------------------------------------------------------------
80 Percent
2008 of 2008 Preliminary 2009 2009 Proposed
Species Group Region Annual Available 2008 Overharvest Annual Proposed Season
Quota Quota Landings\1\ Quota Quota
----------------------------------------------------------------------------------------------------------------
Small Coastal No 454 363.2 154.7 -- 454 454 Effective
Sharks regiona (1,000,8 (800,710 lb (341,054 lb (1,000,8 (1,000,888 date of
l 88 lb dw) dw) 88 lb lb dw) final
quotas dw) dw) rule
--
To be
determin
ed
----------------- ---------------------------------------------------------------------------
Blue Sharks ........ 273 218.4 0.6 -- 273 273
(601,856 (481,485 lb (1,224 lb dw) (601,856 (601,856
lb dw) dw) lb dw) lb dw)
----------------- ---------------------------------------------------------------------------
Porbeagle Sharks ........ 1.7 1.36 0.9 -- 1.7 1.7 .........
(3,748 (2,998 lb (1,888 lb dw) (3,748 (3,748 lb
lb dw) dw) lb dw) dw)
----------------- ---------------------------------------------------------------------------
Pelagic Sharks ........ 488 390.4 103.5 -- 488 488
Other Than (1,075,8 (860,676 lb (228,139 lb (1,075,8 (1,075,856
Porbeagle or 56 lb dw) dw) 56 lb lb dw)
Blue dw) dw)
----------------------------------------------------------------------------------------------------------------
\1\Landings are from January 1, 2008, until September 15, 2008, and are subject to change.
As of September 15, 2008, no Atlantic commercial shark quotas have
been exceeded during the 2008 Atlantic commercial shark fishing season.
The 2009 proposed quotas for the respective shark complexes/species are
subject to change in the final rule for this action, based on any final
calculations that reveal, if any, overharvests in the 2008 season.
1. Proposed 2009 Quotas for Non-Sandbar LCS and Sandbar Sharks Within
the Shark Research Fishery
Pursuant to Amendment 2 to the 2006 Consolidated HMS FMP, the 2009
adjusted base annual commercial quotas within the shark research
fishery are 37.5 mt dw (82,673 lb dw) for non-sandbar LCS and 87.9 mt
dw (193,784 lb dw) for sandbar sharks. This proposed rule does not
propose any changes to any of the overall adjusted base commercial
quotas.
Within the shark research fishery, as of September 15, 2008,
preliminary reported landings of non-sandbar LCS were at 8.8 percent
(3.3 mt dw), and sandbar shark reported landings were at 30.9 percent
(27.2 mt dw). These reported landings do not exceed the available
quota. Therefore, based on preliminary estimates, the 2009 proposed
quotas do not need to be reduced based on any overharvests, consistent
with the current regulations at 50 CFR 635.27(b)(1)(vii).
Under 50 CFR 635.27(b)(1)(vii)(A), because the individual species,
complexes, or species within a complex have been determined to be
either overfished, overfished with overfishing occurring, or have an
unknown status, underharvests for these species and/or complexes would
not be applied to the 2009 quotas. Therefore, the 2009 proposed quotas
would be the adjusted base annual quotas for non-sandbar LCS and
sandbar sharks within the shark research fishery (37.5 mt dw (82,673 lb
[[Page 63671]]
dw) and 87.9 mt dw (193,784 lb dw), respectively).
2. Proposed 2009 Quotas for the Non-Sandbar LCS in the Gulf of Mexico
Region
Pursuant to Amendment 2 to the 2006 Consolidated HMS FMP, the 2009
adjusted base annual quota for non-sandbar LCS in the Gulf of Mexico
region is 390.5 mt dw (860,896 lb dw). As of September 15, 2008,
preliminary reported landings were at 24.7 percent (96.4 mt dw) for
non-sandbar LCS in the Gulf of Mexico region. These reported landings
do not exceed the available quota. However, since the status of this
complex is unknown, any underharvest would not be applied to the 2009
adjusted base annual quota. Therefore, the 2009 proposed quota would be
the adjusted base annual quota for non-sandbar LCS in the Gulf of
Mexico region or 390.5 mt dw (860,896 lb dw), as established in
Amendment 2 and its final rule.
3. Proposed 2009 Quotas for the Non-Sandbar LCS in the Atlantic Region
Pursuant to Amendment 2 to the 2006 Consolidated HMS FMP, the 2009
adjusted base annual quota for non-sandbar LCS in the Atlantic region
is 187.8 mt dw (414,024 lb dw). As of September 15, 2008, preliminary
reported landings were at 63.2 percent (118.6 mt dw) for non-sandbar
LCS in the Atlantic region. These landings do not exceed the available
quota. However, since the status of this complex is unknown, any
underharvest would not be applied to the 2009 adjusted base annual
quota. Therefore, the 2009 proposed quota would be the adjusted base
annual quota for non-sandbar LCS in the Atlantic region or 187.8 mt dw
(414,024 lb dw), as established in Amendment 2 and its final rule.
4. Proposed 2009 Quotas for SCS and Pelagic Sharks
Pursuant to Amendment 2 to the 2006 Consolidated HMS FMP, the 2009
annual commercial quotas for small coastal sharks, blue sharks,
porbeagle sharks, and pelagic sharks (other than porbeagle or blue
sharks) are 454 mt dw (1,000,888 lb dw), 273 mt dw (601,856 lb dw), 1.7
mt dw (3,748 lb dw), and 488 mt dw (1,075,856 lb dw), respectively.
This proposed rule does not propose any changes to these overall annual
commercial quotas.
As of September 15, 2008, preliminary reported landings of SCS,
blue sharks, porbeagle sharks, and pelagic sharks (other than porbeagle
and blue sharks) were at 34.1 percent (154.7 mt dw), 0.2 percent (0.6
mt dw), 52.9 percent (0.9 mt dw), and 21.2 percent (103.5 mt dw),
respectively. These landings do not exceed the available quotas.
However, under 50 CFR 635.27(b)(1)(vii)(A), because the individual
species, complexes, or species within a complex have been determined to
be either overfished, overfished with overfishing occurring, or have an
unknown status, underharvests for these species and/or complexes would
not be applied to the 2009 quotas. Therefore, the 2009 proposed quotas
would be the annual quotas for SCS, blue sharks, porbeagle sharks, and
pelagic sharks (other than blue and porbeagle sharks) (454 mt dw
(1,000,888 lb dw), 273 mt dw (601,856 lb dw), 1.7 mt dw (3,748 lb dw),
and 488 mt dw (1,075,856 lb dw), respectively).
Proposed Fishing Season Notification for the 2009 Atlantic Commercial
Shark Fishing Season
The 2009 Atlantic commercial shark fishing season for non-sandbar
LCS, sandbar sharks, SCS, blue sharks, porbeagle sharks, and pelagic
sharks (other than porbeagle and blue sharks) in the northwestern
Atlantic Ocean, including the Gulf of Mexico and the Caribbean Sea, is
proposed to open upon the effective date of the final rule for this
action. The fishery will remain open until December 31, 2009, unless
NMFS calculates that the fishing season landings for sandbar shark,
non-sandbar LCS, SCS, blue sharks, porbeagle sharks, or pelagic sharks
(other than porbeagle or blue sharks) has reached, or is projected to
reach, 80 percent of the available quota. At that time, consistent with
50 CFR 635.27(b)(1), NMFS will file for publication with the Office of
the Federal Register a notice of closure for that shark species group
and/or region 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 notice in the Federal Register, that additional quota
is available and the season is reopened, the fishery for the shark
species group and, for non-sandbar LCS, region would remain closed,
even across fishing years, consistent with 50 CFR 635.28(b)(2).
Request for Comments
Comments on this proposed rule may be submitted via email, mail, or
fax. NMFS solicits comments on this proposed rule by November 26, 2008
(see DATES and ADDRESSES).
Classification
This proposed rule is published under the authority of the
Magnuson-Stevens Act, 16 U.S.C. 1801 et seq. Consistent with 50 CFR
635.27(b)(1)(vii), the purpose of this action is to adjust the Atlantic
shark annual quotas based on over- and/or underharvests from the 2008
commercial shark fishing season. This proposed rule will not increase
the overall quotas or landings for non-sandbar LCS, sandbar sharks,
SCS, blue, porbeagle, or pelagic sharks (other than porbeagle or blue
sharks), and is not expected to increase fishing effort or protected
species interactions.
On July 24, 2008, NMFS published a final rule (73 FR 35778,
corrected at 73 FR 40658) for Amendment 2 to the 2006 Consolidated HMS
FMP that established adjusted base annual quotas for non-sandbar LCS
and sandbar sharks. The final rule also established annual quotas for
SCS, porbeagle sharks, blue sharks, and pelagic sharks (other than
porbeagle or blue sharks). A final regulatory flexibility analysis
(FRFA) conducted for the final rule for Amendment 2 to the Consolidated
HMS FMP indicated that, as of October 2007, there were approximately
231 directed commercial shark permit holders, 296 incidental commercial
shark permit holders, and 269 Atlantic shark dealer permit holders, all
of which are considered small entities according to the Small Business
Administration's standard for defining a small entity (5 U.S.C.
603(b)(3)). As of 2008, there were approximately 214 directed
commercial shark permit holders, 285 incidental commercial shark permit
holders, and 128 commercial shark dealers. The FRFA concluded that the
economic impacts on these small entities, resulting from adjusting the
quotas for under- or overharvests in subsequent years via proposed and
final rulemaking, were expected to be minimal.
However, the FRFA did expect negative economic impacts based on the
new quotas and retention limits established in the final rule for
Amendment 2 to the 2006 Consolidated HMS FMP. Amendment 2 to the 2006
Consolidated HMS FMP estimated that, based on 2006 ex-vessel prices,
vessels operating within the research fishery could make $437,963 in
gross revenues from sandbar and non-sandbar LCS landings. Since 5 to 10
vessels were anticipated to participate in the research fishery, NMFS
estimated that the average gross revenues per vessel on sandbar shark
and non-sandbar LCS landings would range from $87,593 (i.e., $437,963 /
5 vessels) to $43,796 (i.e., $437,963 / 10 vessels). Based on the
quotas established outside the shark research fishery, it was estimated
that vessels operating outside the research
[[Page 63672]]
fishery could expect gross revenues of $516,285 in the Atlantic region
and $1,273,269 in the Gulf of Mexico region from non-sandbar LCS
landings, based on 2006 ex-vessel prices. In total, vessels operating
within, and outside, of the research fishery were expected to have
gross revenues of $2,227,517 in sandbar and non-sandbar LCS landings.
This was a 55-percent reduction in gross revenues from sandbar sharks
and non-sandbar LCS under the status quo (gross revenues based on
directed and incidental permit holders' landings prior to the
implementation of Amendment 2 to the 2006 Consolidated HMS FMP were
$4,903,001).
This proposed rule would not change the overall adjusted base
annual non-sandbar LCS and sandbar shark quotas nor would it change the
annual quotas for SCS, blue, porbeagle, or pelagic sharks (other than
porbeagle or blue sharks) established in the final rule for Amendment 2
to the 2006 Consolidated HMS FMP, or implement any new management
measures not previously considered, and is not expected to increase
fishing effort or protected species interactions. This proposed rule
would adjust the quotas for each species/species complex based on any
over- and/or underharvests from the 2008 Atlantic commercial shark
fishing season consistent with 50 CFR 635.27(b)(1)(vii).
Since the 2009 proposed quotas for non-sandbar LCS, sandbar sharks,
SCS, blue sharks, porbeagle sharks, or pelagic sharks (other than
porbeagle or blue sharks) would be the same as those implemented in the
final rule for Amendment 2 to the 2006 Consolidated HMS FMP, there are
no expected economic impacts to fishermen other than those already
analyzed in Amendment 2 to the 2006 Consolidated HMS FMP. Thus, the
Chief Counsel for Regulation at the Department of Commerce certified to
the Chief Counsel for Advocacy at the Small Business Administration
that this action would not have a significant economic impact on a
substantial number of small entities beyond those considered in
Amendment 2 to the 2006 Consolidated HMS FMP and its final rule (73 FR
35778, corrected at 73 FR 40658).
This proposed rule has been determined to be not significant for
purposed of Executive Order 12866.
Dated: October 21, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E8-25557 Filed 10-24-08; 8:45 am]
BILLING CODE 3510-22-S
