Atlantic Highly Migratory Species; 2011 Commercial Fishing Season and Adaptive Management Measures for the Atlantic Shark Fishery, 57240-57249 [2010-23443]
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Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Proposed Rules
and changing gear operation and
deployment requirements. Regulatory
changes of this nature tend to be
reactive and result when current
management measures need to be
modified. Generally, the public is
involved at the proposed rule stage for
these types of regulatory changes.
Annual specifications are another
type of rulemaking action that NMFS
uses to adjust the annual commercial
shark quotas that are established in the
FMP. The annual specifications take
about 6 months to complete. Annual
specifications adjust the quotas based
on over- and underharvests in the
previous year(s) and establish season
opening dates for the Atlantic shark
fishery. A recent example of an annual
specification is the final rule that
established quotas and season opening
dates for the 2010 Atlantic shark
commercial fishing season based on
over- and underharvests in 2009 (75 FR
250, January 5, 2010). Depending on the
outcome of this ANPR process, NMFS
will consider rules or FMP amendments
as appropriate.
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IV. Summary
This ANPR explains the Atlantic
shark management history while also
describing ongoing issues within the
shark fishery, as well as many
approaches to future management that
NMFS could implement in order to
address these issues in the future. Some
of the ideas discussed are specific
changes to the current quota and permit
structures, which could potentially be
implemented in the short-term through
a regulatory action in one to two years.
The other changes discussed include
implementing a catch share or sector
program for the Atlantic shark fishery,
which could be implemented by
amending the 2006 Consolidated HMS
FMP. It is NMFS’s goal to move forward
with proactive management for the
Atlantic shark fishery and implement a
viable and flexible solution that will
achieve specific shark fishery goals and
objectives for the future of the Atlantic
shark fishery.
V. Submission of Public Comments
The comment period for all topics
discussed in this ANPR closes on
January 14, 2011. Please see the
ADDRESSES section of this ANPR for
additional information regarding the
submission of written comments.
NMFS requests comments on the
potential adjustment of regulations or an
FMP amendment governing the Atlantic
shark quota and permit structure as well
as comments on the potential
consideration of catch shares and
sectors for the Atlantic shark fishery.
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The preceding sections provide
background information regarding these
topics and ideas for potential changes.
The public is encouraged to submit
comments related to the specific ideas
and questions asked in each of the
preceding sections. NMFS is also
seeking additional ideas/solutions for
changes to the Atlantic shark fishery.
All written comments received by the
due date will be considered in drafting
proposed changes to the Atlantic shark
regulations. In developing any proposed
regulations, NMFS must consider and
analyze ecological, social, and economic
impacts. Therefore, NMFS encourages
comments that would contribute to the
required analyses, and respond to the
questions presented in this ANPR.
VI. Public Meetings
NMFS will hold six public meetings
to receive comments from fishery
participants and other members of the
public regarding this ANPR. These
meetings will be physically accessible to
people with disabilities. Request for
sign language interpretation or other
auxiliary aids should be directed to
Karyl Brewster-Geisz or LeAnn
Southward Hogan at 301–713–2347
(phone) or 301–713–19197 (fax), at least
7 days prior to the meeting. For
individuals unable to attend a meeting,
NMFS also solicits written comments on
the ANPR (see DATES and ADDRESSES).
The meeting dates, locations, and
times follow. All meetings will begin
with an opportunity for individuals to
view information on the issues raised in
this ANPR and ask questions followed
by a presentation and opportunity for
public comment.
1. September 21–23, 2010: HMS
Advisory Panel Meeting, Crowne Plaza
Hotel, 8777 Georgia Avenue, Silver
Spring, MD 20910.
2. October, 21, 2010: Ocean County
Library, Stafford Branch, 129 North
Main Street, Manahawkin, New Jersey
08050, 6–9 p.m.
3. October 26, 2010: Manteo Town
Hall, 407 Budleigh Street, Manteo,
North Carolina 27954, 6–9 p.m.
4. November 8, 2010: Belle Chasse
Auditorium, 8398 Highway 23, Belle
Chasse, Louisiana 70037, 6–9 p.m.
5. December 15, 2010: West St.
Petersburg Community Library, 6605
5th Avenue North, St. Petersburg, FL
33710, 6–9 p.m.
6. December 16, 2010: Fort Pierce
Library, 101 Melody Lane, Fort Pierce,
FL 34950, 5–8 p.m.
Classification
This action is not significant pursuant
to Executive Order 12866.
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Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: September 14, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2010–23438 Filed 9–17–10; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 100622276–0307–02]
RIN 0648–AY98
Atlantic Highly Migratory Species;
2011 Commercial Fishing Season and
Adaptive Management Measures for
the Atlantic Shark Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
This proposed rule would
establish opening dates and adjust
quotas for the 2011 fishing season for
sandbar sharks, non-sandbar large
coastal sharks (LCS), small coastal
sharks (SCS), and pelagic sharks. Quotas
will be adjusted based on the framework
established in Amendment 2 to the 2006
Consolidated Highly Migratory Species
Fishery Management Plan, which
requires adjustments for any over- and/
or underharvests experienced during the
2009 and 2010 Atlantic commercial
shark fishing seasons. In addition to
establishing opening dates and adjusting
annual quotas, this proposed rule
analyzes adaptive management
measures, such as various opening dates
for the fishing season as well as
allowing adjustments through inseason
actions in the allowable number of fish
that can be taken via trip limits, to
provide flexibility in management in
furtherance of equitable fishing
opportunities to the extent practicable
for commercial shark fishermen in all
regions and areas. The proposed
measures could affect fishing
opportunities for commercial shark
fishermen in the Atlantic and Gulf of
Mexico.
DATES: Written comments will be
accepted until October 20, 2010. NMFS
will hold four public hearings on this
proposed rule on September 22, 2010, in
Silver Spring, MD; September 27, 2010,
SUMMARY:
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jdjones on DSK8KYBLC1PROD with PROPOSALS-1
in Tequesta, FL; October 4, 2010, in
Belle Chasse, LA; and a meeting on
October 6, 2010, via conference call to
receive comments from fishery
participants and other members of the
public regarding this proposed rule.
ADDRESSES: The public hearings will be
held at the Crowne Plaza Hotel, 8777
Georgia Avenue, Silver Spring, MD
20910; Tequesta Branch Library, 461
Old Dixie Highway North, Tequesta, FL
33469; Belle Chasse Auditorium, 8398
Highway 23, Belle Chasse, LA, 70037;
and via conference call at 1–800–857–
3903; passcode: 2381782.
You may submit comments, identified
by 0648–AY98, by any one of the
following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal at https://
www.regulations.gov.
• Fax: 301–713–1917, Attn: Karyl
´
Brewster-Geisz or Guy DuBeck, or Jackie
Wilson at 404–806–9188.
• Mail: 1315 East-West Highway,
Silver Spring, MD 20910. Please mark
the outside of the envelope ‘‘Comments
on the Proposed Rule To Establish
Quotas and Adaptive Management
Measures for the 2011 Atlantic Shark
Commercial Fishing Season.’’
• Instructions: No comments will be
posted for public viewing until after the
comment period has closed. All
comments received are a part of the
public record and generally will be
posted to https://www.regulations.gov
without change. All Personal Identifying
Information (e.g., name, address)
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
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 or Guy DuBeck by
phone: 301–713–2347 or fax: 301–713–
1917, or Jackie Wilson by phone: 240–
338–3936 or fax: 404–806–9188.
SUPPLEMENTARY INFORMATION:
Background
The Atlantic shark fishery is managed
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act). The 2006 Consolidated HMS FMP
and its amendments under the
Magnuson-Stevens Act are implemented
by regulations at 50 CFR part 635.
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On June 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 (Amendment 2). That final
rule established the annual quotas for
sandbar sharks, non-sandbar LCS, and
pelagic sharks, and also reduced the
annual base quotas for non-sandbar LCS
and sandbar sharks through December
31, 2012, to account for large
overharvests that occurred in 2007. The
final rule also established a shark
research fishery that allows for the
commercial harvest of sandbar sharks;
sandbar harvest is prohibited outside of
the shark research fishery. In addition,
that final rule established accounting
measures for under- and overharvests
and redefined the shark fishery regions.
On June 1, 2010, NMFS published a
final rule (75 FR 30484) implementing
Amendment 3 to the 2006 Consolidated
HMS FMP. This rule established, among
other things, new base quotas for
blacknose shark and non-blacknose SCS
fisheries.
Under Amendments 2 and 3 to the
2006 Consolidated HMS FMP, the
Atlantic shark annual quotas apply to
all areas of the Atlantic Ocean, Gulf of
Mexico, and Caribbean Sea. NMFS has
split the non-sandbar LCS quota outside
the research fishery between two
regions, the Atlantic 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. and proceeding due east.
Any water and land to the south and
west of that boundary, including the
Caribbean, 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.
As described below, in addition to
establishing the adjusted annual quotas,
NMFS is also proposing several changes
to the regulations regarding flexibility in
season opening dates and retention
limits. The following summarizes the
current history of the program.
In Amendment 2, NMFS decreased
the number of fishing seasons from
three seasons to one because of the
reduced quotas that were implemented
to rebuild overfished shark stocks,
prevent overfishing, and meet the other
objectives of Amendment 2. NMFS also
reduced the commercial retention limits
for non-sandbar LCS and prohibited the
retention of sandbar sharks, except in a
small shark research fishery.
Historically, sandbar sharks accounted
for majority of the sharks caught in the
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57241
directed LCS fishery. As such, as
described in Amendment 2, NMFS felt
that prohibiting sandbar sharks in
combination with low retention limits
for non-sandbar LCS would reduce the
LCS fishery to incidental levels. NMFS
expected this incidental LCS fishery
would last year-round and provide the
mid-Atlantic fishery participants the
opportunity to catch part of the nonsandbar LCS quota during the summer
months when LCS migrate northward
and for shark fishermen, who hold
directed and incidental commercial
shark permits, to be able to land LCS
incidentally year-round as they targeted
other species in other fisheries.
However, this expectation did not
happen in the 2009 or 2010 non-sandbar
LCS fisheries as shark fishermen
continued to direct on non-sandbar LCS,
despite the low retention limits.
In 2009, all the Atlantic commercial
shark fisheries opened on January 23,
2009 (73 FR 79005, December 24, 2008).
On June 6, 2009, the non-sandbar LCS
fishery closed in the Gulf of Mexico
region (74 FR 26803, June 4, 2009). In
the Gulf of Mexico region, fishery
participants had limited opportunities
to harvest the 2009 Gulf of Mexico nonsandbar LCS quota due to the June 6,
2009 closure of the non-sandbar LCS
fishery. State fishermen in Louisiana
were further limited due to a state water
closure from April 1–June 30.
In 2009, the non-sandbar LCS fishery
in the Atlantic region closed on July 1,
2009 (74 FR 30479, June 26, 2009). Due
to this closure, and also because of the
mid-Atlantic bottom longline (BLL)
closure in federal waters from January
1–July 31; the state water closure in
Virginia, Maryland, Delaware, and New
Jersey from May 15–July 15; and the
limited availability of non-sandbar LCS
in northern Atlantic waters at the
beginning of the year due to migratory
patterns, the fishery participants from
North Carolina and northward did not
have a non-sandbar LCS fishing season
in 2009.
In 2009, NMFS received requests to
consider delaying the 2010 non-sandbar
LCS fishing season until July in the
Atlantic region to allow more shark
fishing opportunities in the MidAtlantic. NMFS delayed the opening of
the 2010 non-sandbar LCS in the
Atlantic region until July 15, 2010, in
order to allow for more equitably
distributed shark fishing opportunities
as intended by Amendment 2. It is too
early to determine if the delay in the
Atlantic region until July 15 provided
more broadly distributed opportunities
to all fishermen in that region.
For the Gulf of Mexico region in 2010,
the season opened on February 4, 2010
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Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Proposed Rules
(75 FR 250), and then closed six weeks
later on March 17, 2010 (75 FR 12700),
when the quota was taken. Because of
the closure and inclement weather in
the area, many fishery participants in
the region did not have opportunities to
participate in the 2010 Gulf of Mexico
non-sandbar LCS fishery.
Based on these experiences, NMFS is
considering measures in a draft
environmental assessment that would
provide NMFS annual flexibility to
extend all of the shark fishery seasons
to provide participants from all areas
expanded opportunities to harvest a
portion of the available non-sandbar
LCS shark quota in the Atlantic and
Gulf of Mexico regions. These measures
would consider criteria that could be
used to delay the opening of the fishing
season through the annual
specifications process as well as to
adjust trip limits via inseason actions to
provide expanded access to the resource
and to address ecological concerns. This
flexibility would allow NMFS to
consider unanticipated events including
large scale issues (e.g., BP/Deepwater
Horizon oil spill) or small scale issues
(e.g., inclement weather or slight shifts
in migratory patterns due to colder or
warmer water) in order to provide more
equitable fishing opportunities across
all regions to the extent practicable.
Accounting for Under- and
Overharvests
Consistent with § 635.27(b)(1)(i)(A), if
the available non-sandbar LCS quota in
a particular region or in the research
fishery is exceeded in any fishing
season, NMFS will deduct an amount
equivalent to the overharvest(s) from the
quota in that region or in the research
fishery for 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,
blacknose sharks, non-blacknose SCS,
blue sharks, 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 quota 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 by
the amount that the blue shark quota is
exceeded prior to the start of the next
fishing year or, depending on the level
of overharvest(s), deduct an amount
equivalent to the overharvest(s) spread
over a number of subsequent fishing
years to a maximum of five years.
Consistent with § 635.27(b)(1)(i)(B), if
an annual quota for sandbar sharks,
blacknose sharks, non-blacknose 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, blue sharks)
or specific species within a quota group
(e.g., blacktip sharks within the nonsandbar LCS 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 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 are included in the nonsandbar LCS complex for the Atlantic
and Gulf of Mexico regions, the status
of which has been determined to be
unknown. As a result, no underharvests
from the 2010 Atlantic commercial
shark fishing season would be applied
to the 2011 annual quotas or adjusted
base quotas of these complexes.
Thus, the 2011 proposed quotas
would be equal to the base annual quota
for blacknose sharks, 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 occurred in
the 2009 and 2010 fishing seasons.
The non-blacknose SCS complex has
been determined to not be overfished
and has no overfishing occurring;
therefore, any underharvest from the
2010 Atlantic commercial shark fishing
season would be applied to the 2011
annual quotas or adjusted base quotas.
2011 Proposed Quotas
This rule proposes minor changes to
the overall adjusted base and annual
commercial quotas due to overharvests
that occurred in 2009 and 2010. The
proposed 2011 quotas by species and
species group are summarized in Table
1.
Based on dealer reports received as of
July 31, 2010, the non-sandbar LCS
quota in the Gulf of Mexico region was
exceeded during the 2010 Atlantic
commercial shark fishing season. In the
final rule, NMFS will adjust the quotas
based on dealer reports received as of
October 31, 2010. Thus, all of the 2011
proposed quotas for the respective shark
complexes/species are subject to change
if any overharvests occur before the
final rule for this action. All dealer
reports that are received by NMFS after
October 31, 2010, will be used to adjust
the 2012 quotas, as appropriate.
TABLE1—2011 PROPOSED 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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2010 annual quota
Region
Non-Sandbar Large
Coastal Sharks.
Gulf of Mexico .......
Atlantic ..................
Non-Sandbar LCS
Research Quota.
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Preliminary 2010
landings1
Overharvest
2011 Base annual
quota2
2011 Proposed
quota
(A)
Species group
(B)
(C)
(D)
(D–C)
390.5 (860,896 lb
dw).
169.7 (374,121 lb
dw).
407.9 (899,896 lb
dw).
22.2 (49,026 lb dw)
....................
37.5 (82,673 lb dw)
25.2 (55,487 lb dw)
....................
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390.5 (860,896 lb
dw).
187.8 (414,024 lb
dw).
373.1 (822,536 lb
dw).
190.43 (419,756 lb
dw).
37.5 (82,673 lb dw)
37.5 (82,673 lb
dw).
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Season opening
dates
On or about January 1, 2011.
July 15, 2011.
Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Proposed Rules
57243
TABLE1—2011 PROPOSED 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]
2010 annual quota
Region
No regional quotas
Preliminary 2010
landings1
Overharvest
2011 Base annual
quota2
2011 Proposed
quota
(A)
Species group
(B)
(C)
(D)
(D–C)
42.6 (93,844 lb dw)
....................
40.0 (88,187 lb dw)
Sandbar Research
Quota.
Non-Blacknose
Small Coastal
Sharks.
Blacknose Sharks
No regional quotas
87.9 (193,784 lb
dw).
221.6 (488,539 lb
dw).
No regional quotas
19.9 (43,872 lb dw)
Blue Sharks ...........
No regional quotas
Porbeagle Sharks
Pelagic Sharks
Other Than
Porbeagle or
Blue.
No regional quotas
No regional quotas
273 (601,856 lb
dw).
1.5 (3,307 lb dw) ...
488 (1,075,856 lb
dw).
....................
87.9 (193,784 lb
dw).
221.6 (488,539 lb
dw).
87.9 (193,784 lb
dw).
221.6 (488,539 lb
dw).
6.8 (15,082 lb dw)
....................
19.9 (43,872 lb dw)
3.4 (7,388 lb dw) ...
....................
1.3 (2,824 lb dw) ...
92.9 (204,750 lb
dw).
....................
....................
273 (601,856 lb
dw).
1.7 (3,748 lb dw) ...
488 (1,075,856 lb
dw).
Season opening
dates
19.9 (43,872 lb
dw).
273 (601,856 lb
dw).
1.7 (3,748 lb dw).
488 (1,075,856 lb
dw).
On or about January 1, 2011.
1 Landings
are from January 1, 2010, until July 31, 2010, and are subject to change.
annual base quotas for sandbar and non-sandbar LCS are the annual adjusted base quotas that are effective from July 24, 2008, until December 31, 2012
(50 CFR 635.27(b)(1)(iii) and (iv)).
3 NMFS intends to adjust the 2011 quota for Atlantic non-sandbar LCS to account for the 2.6 mt dw that was over estimated in the landings report in 2010 after the
final rule establishing the 2010 quota published.
2 2010
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1. Proposed 2011 Quotas for NonSandbar LCS and Sandbar Sharks
Within the Shark Research Fishery
The 2011 proposed commercial
quotas within the shark research fishery
are 37.5 mt dw (82,673 lb dw) for nonsandbar LCS and 87.9 mt dw (193,784
lb dw) for sandbar sharks. This
proposed rule would not change any of
the overall adjusted base commercial
quotas.
Within the shark research fishery, as
of July 31, 2010, preliminary reported
landings of non-sandbar LCS were at
67.1 percent (25.2 mt dw), and sandbar
shark reported landings were at 48.4
percent (42.6 mt dw). Reported landings
have not exceeded the 2010 quota to
date. Therefore, based on preliminary
estimates and consistent with the
current regulations at § 635.27(b)(1)(vii),
NMFS is not proposing to reduce 2011
quotas in the shark research fishery
based on any overharvests.
Under § 635.27(b)(1)(i)(A), because
individual species, complexes, or
species within a complex have been
determined to be either overfished, have
overfishing occurring, overfished with
overfishing occurring, or have an
unknown status, underharvests for these
species and/or complexes would not be
applied to the 2011 quotas. Therefore,
NMFS proposes 2011 quotas for nonsandbar LCS and sandbar sharks within
the shark research fishery would be 37.5
mt dw (82,673 lb dw) and 87.9 mt dw
(193,784 lb dw), respectively.
2. Proposed 2011 Quotas for the NonSandbar LCS in the Gulf of Mexico
Region
The 2011 proposed quota for nonsandbar LCS in the Gulf of Mexico
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region is 373.1 mt dw (822,536 lb dw).
As of July 31, 2010, preliminary
reported landings were at 104.5 percent
(407.9 mt dw) for non-sandbar LCS in
the Gulf of Mexico region. These
reported landings exceed the 2010 quota
by 17.4 mt dw. As such, NMFS’s
proposal deducts the overharvest from
the 2011 annual quota. Therefore, the
2011 proposed quota for non-sandbar
LCS in the Gulf of Mexico region is
373.1 mt dw (822,536 lb dw) (390.5 mt
dw annual base quota—17.4 mt dw of
2010 overage = 373.1 mt dw 2011
adjusted annual quota).
3. Proposed 2011 Quotas for the NonSandbar LCS in the Atlantic Region
The 2011 proposed quota for nonsandbar LCS in the Atlantic region is
190.4 mt dw (419,756 lb dw). As of July
31, 2010, preliminary reported landings
were at 13.1 percent (22.2 mt dw) for
non-sandbar LCS in the Atlantic region
as the commercial season opened on
July 15, 2010. In the final rule
establishing the 2010 quotas (75 FR 250,
January 5, 2010), NMFS accounted for
an overharvest of non-sandbar LCS of
18.1 mt dw (39,903 lb dw) using data
that was reported as of October 31,
2009. Between that date and December
31, 2009, the reported landings dropped
by 2.6 mt dw. This decline is due to
normal quality control procedures that
occur when updated data are supplied.
As such, in accordance with
§ 635.27(b)(1)(i), the amount that was
deducted from the 2010 annual quota,
based on preliminary numbers that were
later corrected, would be added to the
proposed 2011 non-sandbar LCS quota
in the Atlantic region. Thus, the 2011
proposed commercial non-sandbar LCS
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quota would be 190.4 mt dw (419,756 lb
dw) (187.8 mt dw annual base quota +
2.6 mt dw 2009 over estimated landings
= 190.4 mt dw 2011 adjusted annual
quota).
4. Proposed 2011 Quotas for SCS and
Pelagic Sharks
The 2011 proposed annual
commercial quotas for non-blacknose
SCS, blacknose sharks, blue sharks,
porbeagle sharks, and pelagic sharks
(other than porbeagle or blue sharks) are
221.6 mt dw (488,539 lb dw), 19.9 mt
dw (43,872 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.
As of July 31, 2010, preliminary
reported landings of non-blacknose SCS,
blacknose sharks, blue sharks, porbeagle
sharks, and pelagic sharks (other than
porbeagle and blue sharks) were at 18
percent (40 mt dw), 34.4 percent (6.8 mt
dw), 1.2 percent (3.4 mt dw), 85 percent
(1.3 mt dw), and 19 percent (92.9 mt
dw), respectively. These landings are
within the available quotas at this time.
As described above, while NMFS may
adjust quotas for underharvests
depending on stock status, NMFS will
always adjust quotas for overharvests.
Non-blacknose SCS have not been
declared to be overfished, to have
overfishing occurring, or to have an
unknown status. As such, any
underharvests for the non-blacknose
SCS would be applied to the 2011
quotas.
All the other SCS or pelagic species
are considered overfished, to have
overfishing occurring, or to have an
unknown status. Therefore, the 2011
proposed quotas would be the base
annual quotas for non-blacknose SCS,
blacknose sharks, blue sharks, porbeagle
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sharks, and pelagic sharks (other than
blue and porbeagle sharks) (221.6 mt dw
(488,539 lb dw), 19.9 mt dw (43,872 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 Adaptive Management
Measures
Under the current regulations, the
Atlantic shark commercial fishing
seasons for each species or species
complex is anticipated to open on or
about January 1 of each year, and
continue year-round. In recent years, the
quota for some of the shark species
groups and regions has lasted only a
short period of time instead lasting yearround as expected under Amendment 2.
For example, in the Atlantic region in
2009, the non-sandbar LCS quota lasted
for approximately six months, and in
the Gulf of Mexico in 2010, the nonsandbar LCS quota was taken within six
weeks.
One approach to the proposed
adaptive management measures in the
environmental assessment would be to
maintain the status quo approach to
establishing trip limits (33 non-sandbar
LCS/trip) as well as consider
alternatives to allow inseason flexibility
regarding trip limits in order to extend
fishing opportunities year-round. This
approach would either maintain the
current 33 non-sandbar LCS trip limits
(sub-alternative 1A) or consider
reductions in the trip limits to help
ensure the fishing season extends
throughout the year (sub-alternatives 1B
and 1C).
A second approach would be to allow
flexibility in the opening of the season
for Atlantic shark fisheries through the
annual specifications process and
inseason actions to adjust shark trip
limits in either region to provide
expanded opportunities for constituents
across the fishery, as is the intent of
Amendment 2. In addition, having such
flexibility would help NMFS respond
throughout the management region to
any future unanticipated large and small
scale events.
This second approach was also
analyzed in Amendment 2; however, as
described in Amendment 2, NMFS did
not select this approach at that time
because NMFS felt that fishermen
would fish for non-sandbar LCS in an
incidental manner. As described earlier,
after Amendment 2, fishermen
continued to direct on non-sandbar LCS.
Neither approach would alter the
objectives in the 2006 Consolidated
HMS FMP or its Amendments. Rather,
these two approaches look at different
ways of maintaining the shark fishery
given rebuilding plans and other
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management measures, such as time/
area closures, that were designed to
rebuild overfished stocks, prevent
overfishing, and provide opportunities
to fish for some shark species, as
appropriate. Neither approach would
change the overall quota, the rebuilding
plan, time/area closures, or other
management measures. Only the
opening dates and retention limits
would change under these approaches.
Thus, the main differences between the
approaches are how fast and at what
time of year the quota will be taken. In
considering these approaches, NMFS
analyzed several alternatives in the
environmental assessment.
Sub-alternative 1A, the no action
alternative, would maintain the existing
regulations for the current trip limits
established in the 2006 Consolidated
HMS FMP and its amendments. The
Atlantic shark commercial fishing
season for each species or species
complex would be anticipated to open
on or about January 1 of each year and
continue until the fishery is closed.
Additionally, over- or underharvests in
a given fishing year would be accounted
for in the following year depending on
the status of the species.
Sub-alternative 1B would allow
NMFS to modify the non-sandbar LCS
trip limit through an inseason action, if
needed, to extend the fishing season in
the Gulf of Mexico region if the
available quota is being harvested at a
rate that would not ensure a reasonable
season length. The trip limit could be
reduced from the current trip limit
established under Amendment 2 to the
2006 Consolidated HMS FMP down to
zero non-sandbar LCS per trip based on
the amount of remaining quota and the
time left in a given fishing season.
NMFS’ decision to reduce the trip limit,
and to what extent it would be reduced,
would be based on the criteria discussed
under sub-alternative 2B.
Sub-alternative 1C would modify the
non-sandbar LCS trip limit through an
inseason action, as needed, to extend
the fishing season in the Atlantic region
if the available quota is being harvested
at a rate that would not allow for a
reasonable season length. Similar to
sub-alternative 1B, the trip limit could
be reduced and decisions to reduce the
trip limit would be based on the criteria
discussed under sub-alternative 2B.
Alternative 2, the preferred
alternative, considers multiple subalternatives that would revisit the
current shark management structure.
These proposed management measures
would allow flexibility in setting the
opening date of the Atlantic shark
fisheries through the annual
specifications process and allow for
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more equitable fishing opportunities for
constituents across all areas. Another
proposed management measure would
provide flexibility by allowing inseason
actions to make adjustments to the nonsandbar LCS trip limits in either region
to provide equitable opportunities for
constituents across the fishery, as is the
intent of Amendment 2.
Sub-alternative 2A, a preferred
alternative in the environmental
assessment, would establish a process
and criteria for selecting the opening
dates of the shark fisheries through the
annual specifications process in the
Atlantic and Gulf of Mexico regions.
This alternative presumes that the
quotas for some fisheries, such as the
non-sandbar LCS fisheries, would not
last the entire fishing year given that the
fishing behavior has changed since the
implementation of Amendment 2. This
alternative would provide additional
flexibility to ensure the fisheries open at
times beneficial for fishermen while
also considering the ecological needs of
the different species. Consistent with
current practice, NMFS would establish
the yearly shark quotas and announce
the opening of the fishing season
through annual rulemaking with notice
and public comment at the beginning of
each fishing season. Under this
alternative, NMFS would consider the
following criteria and other relevant
factors in establishing the opening
dates:
1. The available annual quotas for the
current fishing season for the different
species/complexes based on any overand/or underharvests experienced
during the previous commercial shark
fishing seasons;
2. Estimated season length based on
available quota(s) and average weekly
catch rates of different species/
complexes in the Atlantic and Gulf of
Mexico regions from the previous years;
3. Length of the season for the
different species/complexes in the
previous years and whether fishermen
were able to participate in the fishery in
those years;
4. Variations in seasonal distribution,
abundance, or migratory patterns of the
different species/complexes based on
scientific and fishery information;
5. Effects of catch rates in one part of
a region precluding vessels in another
part of that region from having a
reasonable opportunity to harvest a
portion of the different species/
complexes quotas;
6. Effects of the adjustment on
accomplishing the objectives of the 2006
Consolidated HMS FMP and its
amendments; and/or
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7. Effects of a delayed opening with
regard to fishing opportunities in other
fisheries.
Sub-alternative 2B, a preferred
alternative in the environmental
assessment, would provide NMFS the
ability to adjust the trip limits via
inseason actions based on certain
criteria. This alternative presumes that
the quotas for some fisheries, such as
the non-sandbar LCS fisheries, would
not last the entire fishing year given that
the fishing behavior has changed since
the implementation of Amendment 2
and builds in flexibility to try to extend
the availability of the quota. The goal of
the alternative is to lengthen the season
to provide, to the extent practicable,
equitable opportunities across the
fishing management region while also
considering the ecological needs of the
different species. The criteria NMFS
would consider in making adjustments
via inseason actions to trip limits in
either the Atlantic or Gulf of Mexico
regions would be the following:
1. The amount of remaining shark
quota in the relevant area or region, to
date, based on dealer reports;
2. The catch rates of the relevant
shark species/complexes, to date, based
on dealer reports;
3. Estimated date of fishery closure
based on when the landings are
projected to reach 80 percent of the
quota given the realized catch rates;
4. Effects of the adjustment on
accomplishing the objectives of the 2006
Consolidated HMS FMP and its
amendments;
5. Variations in seasonal distribution,
abundance, or migratory patterns of the
relevant shark species based on
scientific and fishery-based knowledge;
and/or,
6. Effects of catch rates in one part of
a region precluding vessels in another
part of that region from having a
reasonable opportunity to harvest a
portion of the relevant quota.
For the 2011 Atlantic commercial
shark fishing season, NMFS does not
propose to change the trip limit when
the season opens. Currently, the trip
limits are 33 non-sandbar LCS per trip
for shark directed permit holders and 3
non-sandbar LCS per trip for shark
incidental permit holders. Under subalternative 2B, NMFS could later modify
the trip limits through an inseason
action with five days’ advance notice
from filing of such a change.
Proposed Fishing Season Notification
for the 2011 Atlantic Commercial Shark
Fishing Season
Based on the proposed criteria and
processes described above, NMFS
proposes that the 2011 Atlantic
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commercial shark fishing season for the
shark research, non-sandbar LCS in the
Gulf of Mexico region, non-blacknose
SCS, blacknose sharks, 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, would open on the
effective date of the final rule for this
action. NMFS proposes to open the
Atlantic non-sandbar LCS fishery on
July 15, 2011. The delay in the Atlantic
non-sandbar LCS fishery would provide,
to the extent practicable, equitable
opportunities across the fishing
management region while also
considering the ecological needs of the
different species. Without delaying the
opening date, based on catch rates from
2009, the south Atlantic fishermen
would likely catch the regional quota
before the sharks could migrate to the
north Atlantic area.
All of the shark fisheries would
remain open until December 31, 2011,
unless NMFS determines that the
fishing season landings for sandbar
shark, non-sandbar LCS, blacknose
sharks, non-blacknose SCS, blue sharks,
porbeagle sharks, or pelagic sharks
(other than porbeagle or blue sharks)
have reached, or are projected to reach,
80 percent of the available quota. At that
time, consistent with § 635.28(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, the fishery for the
shark species group and, for nonsandbar LCS, region would remain
closed, even across fishing years,
consistent with § 635.28(b)(2).
Request for Comments
Comments on this proposed rule may
be submitted via https://
www.regulations.gov, mail, or fax.
Comments may also be submitted at a
public hearing (see Public Hearings and
Special Accommodations below). NMFS
solicits comments on this proposed rule
by October 20, 2010 (see DATES and
ADDRESSES). NMFS will hold four
public hearings for this proposed rule.
These hearings will be physically
accessible to people with disabilities.
Requests for sign language
interpretation or other auxiliary aids
´
should be directed to Guy DuBeck at
(301) 713–2347 or Jackie Wilson at (240)
338–3936 at least 7 days prior to the
hearing date. The public is reminded
that NMFS expects participants at the
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public hearings to conduct themselves
appropriately. At the beginning of each
public hearing, a representative of
NMFS will explain the ground rules
(e.g., alcohol is prohibited from the
hearing room; 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 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(s). Attendees are expected to
respect the ground rules, and, if they do
not, they will be asked to leave the
hearing.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that the proposed rule is consistent with
the 2006 Consolidated HMS FMP and
its amendments, other provisions of the
MSA, and other applicable law, subject
to further consideration after public
comment.
NMFS prepared an environmental
assessment for this rule that discusses
the impact on the environment as a
result of this rule. In this proposed
action, NMFS is considering adding
flexibility to shark management
measures by analyzing criteria that
would allow for delays to the start of the
different shark species/complex fishing
seasons each year as well as allow for
inseason adjustments to the shark trip
limits, as appropriate, to extend the
fishing season, as necessary. These
measures are meant to provide, to the
extent practicable, equitable
opportunities across the fishing
management region while also
considering the ecological needs of the
different species. A copy of the
environmental assessment is available
from NMFS (see ADDRESSES).
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
An initial regulatory flexibility
analysis (IRFA) was prepared, as
required by section 603 of the RFA
(RFA). The IRFA describes the
economic impact this proposed rule, if
adopted, would have on small entities.
A description of the action, why it is
being considered, and the legal basis for
this action are contained at the
beginning of this section in the
preamble and in the SUMMARY section of
the preamble. A summary of the
analysis follows. A copy of this analysis
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is available from NMFS (see
ADDRESSES).
In compliance with section 603(b)(1)
of the Regulatory Flexibility Act, the
purpose of this proposed rulemaking is,
consistent with the Magnuson-Stevens
Act and the 2006 Consolidated HMS
FMP and its amendments, to adjust the
2011 proposed quotas for non-sandbar
LCS, sandbar sharks, blacknose sharks,
non-blacknose SCS, blue sharks,
porbeagle sharks, or pelagic sharks
(other than porbeagle or blue sharks)
based on overharvests from the previous
fishing year. An additional purpose is to
provide flexibility in the regulations to
allow for a delay in the opening of the
fishing season, and allow inseason
adjustments in the trip limits to slow
the fishery down during the season, as
necessary. This flexibility is intended to
provide, to the extent practicable,
equitable opportunities across the
fishing management region while also
considering the ecological needs of the
different species.
In compliance with section 603(b)(2)
of the Regulatory Flexibility Act, the
objectives of this proposed rulemaking
are to: (1) Adjust the annual quotas for
non-sandbar LCS in the Atlantic region
due to overestimations in the final rule
in 2010 and non-sandbar LCS in the
Gulf of Mexico region due to minor
overharvests in 2010; (2) create new
criteria and a process for selecting the
opening dates of the shark fisheries in
the Atlantic and Gulf of Mexico regions;
and (3) adjust the trip limits inseason
for non-sandbar LCS based on certain
criteria and processes.
Section 603(b)(3) requires Federal
agencies to provide an estimate of the
number of small entities to which the
rule would apply. NMFS considers all
HMS permit holders to be small entities
because they either had average annual
receipts less than $4.0 million for fishharvesting, average annual receipts less
than $6.5 million for charter/party
boats, 100 or fewer employees for
wholesale dealers, or 500 or fewer
employees for seafood processors. These
are the Small Business Administration
(SBA) size standards for defining a
small versus large business entity in this
industry.
The commercial shark fishery is
comprised of fishermen who hold a
shark directed or incidental limited
access permits (LAP) and the related
industries including processors, bait
houses, and equipment suppliers, all of
which NMFS considers to be small
entities according to the size standards
set by the SBA. The proposed rule
would apply to the approximately 221
directed commercial shark permit
holders, 2782 incidental commercial
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shark permit holders, and 105
commercial shark dealers as of
November 5, 2009.
This proposed rule does not contain
any new reporting, recordkeeping, or
other compliance requirements (5 U.S.C.
603(b)(4)). Similarly, this proposed rule
would not conflict, duplicate, or overlap
with other relevant Federal rules (5
U.S.C. 603(b)(5)). Fishermen, dealers,
and managers in these fisheries must
comply with a number of international
agreements, domestic laws, and other
FMPs. These include, but are not
limited to, the Magnuson-Stevens Act,
the Atlantic Tunas Convention Act, the
High Seas Fishing Compliance Act, the
Marine Mammal Protection Act, the
Endangered Species Act, the National
Environmental Policy Act, the
Paperwork Reduction Act, and the
Coastal Zone Management Act. NMFS
does not believe that the new
regulations proposed to be implemented
would duplicate, overlap, or conflict
with any relevant regulations, Federal or
otherwise.
Under section 603(c), agencies are
required to describe any alternatives to
the proposed rule which accomplish the
stated objectives and which minimize
any significant economic impacts. These
impacts are discussed below and in the
Environmental Assessment for the
proposed action. Additionally, the
Regulatory Flexibility Act (5 U.S.C. 603
(c) (1)–(4)) lists four general categories
of significant alternatives that would
assist an agency in the development of
significant alternatives. These categories
of alternatives are: (1) Establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) clarification, consolidation,
or simplification of compliance and
reporting requirements under the rule
for such small entities; (3) use of
performance rather than design
standards; and (4) exemptions from
coverage of the rule for small entities.
In order to meet the objectives of this
proposed rule, consistent with
Magnuson-Stevens Act and the
Endangered Species Act (ESA), NMFS
cannot exempt small entities or change
the reporting requirements only for
small entities. Thus, there are no
alternatives discussed that fall under the
first and fourth categories described
above. In addition, none of the
alternatives considered would result in
additional reporting or compliance
requirements (category two above).
NMFS does not know of any
performance or design standards that
would satisfy the aforementioned
objectives of this rulemaking while,
concurrently, complying with the
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Magnuson-Stevens Act. As described
below, NMFS analyzed two different
main alternatives in this proposed
rulemaking with 5 sub-alternatives and
provides justification for selection of the
preferred alternative to achieve the
desired objective.
NMFS considered two main
alternatives for the shark fishery in the
short term. One approach would be to
maintain the status quo approach to
establishing trip limits (33 non-sandbar
LCS/trip) as well as consider
alternatives to allow inseason flexibility
regarding trip limits in order to extend
fishing opportunities year-round
(alternative 1 and its sub-alternatives).
The other approach would be to allow
flexibility in the opening of the season
for Atlantic shark fisheries through the
annual specifications process and allow
adjustments via inseason actions to
shark trip limits in either region to
provide expanded opportunities for
constituents across the fishery, as is the
intent of Amendment 2 (alternative 2
and its sub-alternatives).
Under alternative 1, NMFS
considered three sub-alternatives. Subalternative 1A, the No Action
alternative, would maintain the current
vessel trip regulations for non-sandbar
LCS. This would result in no additional
impacts to small entities. Limited access
directed shark permit holders would
continue to be able to land up to 33 nonsandbar LCS per trip. On average,
between 2008 and 2009, approximately
47 vessels with directed shark permits
and 15 vessels with incidental shark
permits had non-sandbar LCS landings.
The estimated total trip revenue for a
maximum trip of 33 sharks is estimated
to be $1,920 in the Gulf of Mexico and
$1,767 in the Atlantic. However, this
trip limit as implemented has resulted
in shortened fishing seasons in 2009
and 2010 due to regional non-sandbar
LCS quotas being filled before the end
of the fishing year. Fishermen in some
areas, such as the north Atlantic, were
not able to harvest a portion of the 2009
non-sandbar LCS quota as intended in
Amendment 2 because the quota was
harvested before sharks migrated to
northern waters in the Atlantic in 2009.
As such, sub-alternative 1A is not likely
to meet the objective of this proposed
rule to provide fishery participants an
equal opportunity to the extent
practicable to harvest the full shark
quotas.
Sub-alternative 1B would establish a
new non-sandbar LCS trip limit that
would extend the fishing season in the
Gulf of Mexico region based on
remaining quota and time left in the
fishing season. On average between
2008 and 2009, approximately 20
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vessels with directed shark permits and
4 vessels with incidental shark permits
had non-sandbar LCS landings in the
Gulf of Mexico region. The direct
economic impacts to shark fishermen in
the Gulf of Mexico region would depend
on the reduction in the trip limit.
Approximately 81 percent of the Gulf of
Mexico trips retained 29 or fewer nonsandbar LCS per trip. Therefore, for a
majority of trips, NMFS anticipates that
a reduction in the trip limit from 33
non-sandbar LCS to 29 non-sandbar LCS
would have a neutral impact on
fishermen as fishing and business
practices are not anticipated to change
due to such a reduction. Reducing the
trip limit from 33 non-sandbar LCS to
29 non-sandbar LCS would potentially
reduce the maximum revenue per trip
by an average of $233 per trip in the
Gulf of Mexico. This estimate is based
on the average non-sandbar shark
weight and 2009 median ex-vessel
prices for non-sandbar LCS and shark
fin in the Gulf of Mexico region.
Approximately 18 percent may lose
additional gross revenues on a per trip
basis as they were landing more than 33
non-sandbar LCS according to Coastal
Fisheries data. In addition, on average,
vessels in the Gulf of Mexico region
retained 21 non-sandbar LCS per trip;
however, the average trip landing
numbers of non-sandbar LCS varied by
month. If the trip limit were reduced to
21 non-sandbar LCS per trip, this could
reduce gross revenues per trip from
$1,920 to $1,222. While, on average,
fishermen may only retain 21 nonsandbar LCS, such a reduction would
preclude fishermen from being able to
keep additional sharks (up to 33 nonsandbar LCS per trip). Therefore, such a
reduction may change how they fish. It
may also result in additional trips
within a day to make up for lost
individual trip revenues, which could
result in higher fuel costs, longer fishing
days, and increased time away from
home. All of these factors are expected
to result in negative economic impacts
in the short term.
Reducing the trip limit to below 21
non-sandbar LCS per trip would be
expected to result in economic impacts
as it would further reduce gross
revenues for shark fishermen on a trip
basis. The reduction in gross revenues
would range from $756 to $1,920 for a
trip limit of 20 to 0 non-sandbar LCS,
respectively. The lowest average
number of non-sandbar LCS retained
was 11 non-sandbar LCS per trip during
the month of September, which equates
to $640 in gross revenues per trip. Such
reductions in the trip limits could
translate into fishermen making
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multiple trips within a day to make up
for lost individual trip revenues, which
could result in higher fuel costs, longer
fishing days, and increased time away
from home. However, NMFS anticipates
that at some reduced trip limit level,
directed shark fishermen would stop
targeting sharks because it would no
longer be economically viable. At this
point, NMFS expects that shark
fishermen would target other species
and retain sharks incidentally as
anticipated under Amendment 2 and,
therefore, the economic impacts in
terms of changes in fishing practices
and diversifying fishing effort toward
other species to make up for lost shark
revenues would be the same as
described in Amendment 2.
Sub-alternative 1C would establish a
new non-sandbar LCS trip limit that
would extend the fishing season in the
Atlantic region based on remaining
quota and time left in the fishing season.
On average between 2008 and 2009,
approximately 27 vessels with directed
shark permits and 11 vessels with
incidental shark permits had nonsandbar LCS landings in the Atlantic
region. The direct impacts to shark
fishermen in the Atlantic region would
depend on the reduction in the trip
limit. As explained above,
approximately 81 percent of the Atlantic
trips retained 27 or fewer non-sandbar
LCS per trip. Therefore, for a majority of
the trips, NMFS anticipates that a
reduction in the trip limit from the 33
non-sandbar LCS to 27 non-sandbar LCS
would have minimal economic impacts
on fishermen as fishing and business
practices would not be anticipated to
change with such a reduction.
Approximately 11 percent may lose
additional gross revenues on a trip basis
as they were landing more than 33 nonsandbar LCS according to Coastal
Fisheries data. In addition, on average,
vessels in the Atlantic region retained
13 non-sandbar LCS per trip; however,
the average trip landing numbers of
non-sandbar LCS varied by month. If the
trip limit was reduced to 13 nonsandbar LCS per trip, this could reduce
potential gross revenues per trip from
$1,767 to $696. However, on average,
fishermen did not retain 33 non-sandbar
LCS per trip during any month of the
year. In addition, during 6 of the 12
months fishermen retained fewer than
the overall monthly average retention of
13 non-sandbar LCS per trip. Therefore,
such a reduction in the trip limit is only
anticipated to have minor adverse direct
economic impacts to fishermen in the
short term; long term impacts are not
anticipated as these reductions would
not be permanent.
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Reducing the trip limit below 13 nonsandbar LCS per trip would be expected
to result in moderate adverse direct
economic impacts as it would most
likely reduce gross revenues for shark
fishermen in the short term. Fishermen
would be expected to stop fishing for
sharks as it would no longer be
profitable. The reduction in gross
revenues would range from $1,125 to
$1,767 for 12 to 0 non-sandbar LCS per
trip, respectively. The lowest average
number of non-sandbar LCS retained
was 8 non-sandbar LCS per trip during
the month of June, which equates to
$428 in gross revenues per trip. These
reductions in the trip limits could
translate into fishermen making
multiple trips within a day to make up
for lost individual trip revenues, which
could result in higher fuel costs, longer
fishing days, and increased time away
from home. However, NMFS anticipates
that at some reduced trip limit level,
directed shark fishermen would stop
targeting sharks because it would no
longer be economically viable. At this
point, NMFS expects that shark
fishermen would target other species
and retain sharks incidentally as
anticipated under Amendment 2, and
therefore, the socioeconomic impacts in
terms of changes in fishing practices
and diversifying fishing effort toward
other species to make up for lost shark
revenues would be the same as
described in Amendment 2.
Under alternative 2, the preferred
alternative, NMFS considered two subalternatives. Sub-alternative 2A would
establish new opening dates for the
shark fisheries through the annual
specifications process in the Atlantic
and Gulf of Mexico regions based on
certain criteria and processes. Subalternative 2A could potentially affect
the 221 directed and 282 incidental
shark permit holders along with the 105
shark dealers. NMFS plans to review the
criteria on an annual basis to determine
when to open each fishery at equitable
and beneficial times for fishermen while
also considering the ecological needs of
the different species. The opening of the
fishing season could vary based on the
available annual quota, catch rates, and
number of fishing participants during
the year. For the 2011 fishing season,
NMFS is proposing to open the shark
research, non-sandbar LCS in the Gulf of
Mexico region, blacknose shark, nonblacknose SCS, and pelagic shark
fisheries on the effective date of the
final rule for this action. The direct and
indirect socioeconomic impacts would
be neutral on a short and long-term
basis, because NMFS is proposing not to
change the opening dates of these
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Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Proposed Rules
fisheries from the status quo. NMFS is
proposing to delay the opening of the
non-sandbar LCS in the Atlantic region
until July 15, 2011, which would be the
same opening date as 2010 fishing
season. The delay in the Atlantic nonsandbar LCS fishing season would result
in short- and long-term, direct, minor,
adverse socioeconomic impacts as
fishermen would have to fish in other
fisheries to make up for lost nonsandbar LCS revenues at the beginning
of the 2011 fishing season. The short
and long-term effects for delaying the
season would cause indirect, minor,
adverse socioeconomic impacts on
shark dealers and other entities that deal
with shark products as they may have
to diversify during the beginning of the
season when non-sandbar LCS shark
products would not be available. This
would be most prevalent in areas of the
southeast Atlantic where non-sandbar
LCS are available early in the fishing
season. The delay in the non-sandbar
LCS fishing season could cause changes
in ex-vessel prices. In 2009, the median
ex-vessel price of LCS meat in January
was approximately $0.25 per pound
dressed weight in the Gulf of Mexico
and $0.45 in the South Atlantic region,
while the median ex-vessel price in July
of 2008 was $0.45 in the Gulf of Mexico
and $0.75 in the South Atlantic. The
median ex-vessel price for shark fins in
January was $17.00 per pound in the
Gulf of Mexico and $16.00 in the South
Atlantic. When the LCS fishery opens in
July, the average price for fins would be
approximately $14.00 per pound in the
Gulf of Mexico and $12.00 per pound in
the South Atlantic based on 2008 prices.
Since the north Atlantic had a very
limited 2009 non-sandbar LCS fishing
season, the ex-vessel prices for 2008
were used for the comparison.
In the north Atlantic, the delayed
opening for the non-sandbar LCS would
have direct, minor, beneficial
socioeconomic impacts in the short and
long-term for fishermen as they would
have access to the non-sandbar LCS
quota in 2011. Fishermen in the North
Atlantic did not have or had limited
access to the non-sandbar LCS quota in
2009. There would be indirect, minor,
beneficial socioeconomic impacts in the
short and long-term for shark dealers
and other entities that deal with shark
products in this area as they would also
have access to non-sandbar LCS
products in 2011. Thus, delaying the
non-sandbar LCS seasons under the
preferred alternative would cause
neutral cumulative socioeconomic
impacts, since it would allow for a more
equitable distribution of the quotas
among constituents in this region,
VerDate Mar<15>2010
14:31 Sep 17, 2010
Jkt 220001
which was the original intent of
Amendment 2.
Sub-alternative 2B would establish
new inseason trip limit adjustment
criteria for the Gulf of Mexico and
Atlantic regions. Sub-alternative 2B
would allow NMFS to adjust the trip
limit through inseason actions, but
would not adjust the overall shark
quotas for the GOM and Atlantic
regions. This sub-alternative is
anticipated to have direct and indirect,
short-term, neutral socioeconomic
impacts in the GOM and Atlantic
regions, because changing the trip limits
inseason would not limit the overall
harvest of sharks, but would provide the
mechanism to modify the harvest
spatially and temporally to allow
equitable access to the resource.
Directed fishing on sharks would
continue as long as the trip limit is high
enough to make it economically viable.
Since the implementation of
Amendment 2 directed shark fishing
trips land, on average, 21 non-sandbar
LCS in the GOM region, and 13 nonsandbar LCS in the Atlantic region.
NMFS has not been able to determine at
what trip limit directed fishing for nonsandbar LCS would not be economically
viable, as directed non-sandbar LCS
fishing trips have continued at lower
landings than the annual averages
during certain months. Different trip
limit levels have been further analyzed
in alternatives 1B and 1C, and the
socioeconomic impacts associated with
the range of trip limits are described
above under sub-alternatives 1B and 1C.
Trip limits set at levels too low for
fishermen to continue targeting nonsandbar LCS would likely lead to shifts
in effort to other fisheries, similar to
effort shifts experienced during closures
of the non-sandbar LCS fishery in 2009
and 2010. The criteria for changing trip
limits inseason takes into account
opportunities for equitable access to
fishermen throughout the respective
regions and ecological considerations of
the stocks, but would not restrict or
reduce the current quota. If trip limits
are set in a manner that is beneficial to
the ecological needs of the different
shark species their populations may
increase in the long-term, which could
allow for increased quota levels in the
future. Therefore, minor, beneficial
long-term direct, indirect, and
cumulative socioeconomic impacts may
occur.
Dated: September 15, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
List of Subjects in 50 CFR Part 635
§ 635.27
Fisheries, Fishing, Fishing vessels,
Foreign relations, Imports, Penalties,
Reporting and recordkeeping
requirements, Treaties.
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For reasons set out in the preamble,
50 CFR part 635 is proposed to be
amended as follows:
PART 635—ATLANTIC HIGHLY
MIGRATORY SPECIES
1. The authority citation for part 635
continues to read as follows:
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.
1801 et seq.
2. In § 635.24, paragraph (a)(8) is
added to read as follows:
§ 635.24 Commercial retention limits for
sharks and swordfish.
*
*
*
*
*
(a) * * *
(8) Inseason trip limit adjustment
criteria. NMFS will file with the Office
of the Federal Register for publication
notification of any inseason adjustments
to trip limits. Before making any
adjustment, NMFS will consider the
following criteria and other relevant
factors:
(i) The amount of remaining shark
quota in the relevant area or region, to
date, based on dealer reports;
(ii) The catch rates of the relevant
shark species/complexes, to date, based
on dealer reports;
(iii) Estimated date of fishery closure
based on when the landings are
projected to reach 80 percent of the
quota given the realized catch rates;
(iv) Effects of the adjustment on
accomplishing the objectives of the 2006
Consolidated HMS FMP and its
amendments;
(v) Variations in seasonal distribution,
abundance, or migratory patterns of the
relevant shark species based on
scientific and fishery-based knowledge;
and/or,
(vi) Effects of catch rates in one part
of a region precluding vessels in another
part of that region from having a
reasonable opportunity to harvest a
portion of the relevant quota.
*
*
*
*
*
3. In § 635.27:
A. Paragraphs (b)(1)(ii) through
(b)(1)(vi) are redesignated as paragraphs
(b)(1)(iii) through (b)(1)(vii),
respectively.
B. Paragraph (b)(1)(ii) is added to read
as follows:
Quotas.
*
*
*
*
*
(b) * * *
(1) * * *
(ii) Opening fishing season criteria.
NMFS will file with the Office of the
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Federal Register for publication
notification of the opening dates of the
shark fishery for each species/complex.
Before making any decisions, NMFS
would consider the following criteria
and other relevant factors in
establishing the opening dates:
(A) The available annual quotas for
the current fishing season for the
different species/complexes based on
any over- and/or underharvests
experienced during the previous
commercial shark fishing seasons;
(B) Estimated season length based on
available quota(s) and average weekly
catch rates of different species/
complexes in the Atlantic and Gulf of
Mexico regions from the previous years;
(C) Length of the season for the
different species/complexes in the
previous years and whether fishermen
were able to participate in the fishery in
those years;
(D) Variations in seasonal
distribution, abundance, or migratory
patterns of the different species/
complexes based on scientific and
fishery information;
(E) Effects of catch rates in one part
of a region precluding vessels in another
part of that region from having a
reasonable opportunity to harvest a
portion of the different species/
complexes quotas;
(F) Effects of the adjustment on
accomplishing the objectives of the 2006
Consolidated HMS FMP and its
amendments; and/or,
(G) Effects of a delayed opening with
regard to fishing opportunities in other
fisheries.
*
*
*
*
*
[FR Doc. 2010–23443 Filed 9–17–10; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 100830405–0405–02]
RIN 0648–BA09
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
Fisheries of the Northeastern United
States; Northeast (NE) Multispecies
Fishery; Charter/Party Fishery Control
Date
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Advance notice of proposed
rulemaking (ANPR).
AGENCY:
NMFS and the New England
Fishery Management Council (Council)
SUMMARY:
VerDate Mar<15>2010
14:31 Sep 17, 2010
Jkt 220001
announce that they are seeking public
comment on the reaffirmation of the
current control date of March 30, 2006,
in anticipation of developing a limited
access program for the NE multispecies
open access charter and party boat
(charter/party) fishery. This component
of the fishery includes vessels with
open access charter/party permits, as
well as limited access NE multispecies
permits, while not on a NE multispecies
day-at-sea (DAS) or fishing under the
sector management program. The
Council has not made a determination
that limiting the number of participants
in this fishery is necessary, but
reaffirming the current control date
keeps the stakeholders informed of
possible future consideration of the
issue and promotes awareness of
potential eligibility criteria for future
access so as to discourage speculative
entry into the fishery, while the Council
considers whether and how access to
the charter/party fishery should be
controlled. By this notification, NMFS
reaffirms, on behalf of the Council, that
March 30, 2006, may be used as a
‘‘control date’’ to establish eligibility
criteria for determining levels of future
access to the fishery.
DATES: Written comments must be
received by 5p.m., local time October
20, 2010.
ADDRESSES: You may submit comments
by any of the following methods:
Written comments (paper, disk, or CD
ROM) should be sent to Paul J. Howard,
Executive Director, New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
Mark the outside of the envelope,
‘‘Comments- Multispecies Charter/Party
Control Date.’’
Comments also may be sent via
facsimile (fax) to (978) 465 3116.
Federal e-Rulemaking Portal: https://
www.regulations.gov.
Instructions: No comments will be
posted for public viewing until after the
comment period has closed. 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
anonymous). You may submit
attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
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57249
FOR FURTHER INFORMATION CONTACT:
Travis Ford, Fishery Management
Specialist, (978) 281–9233; fax (978)
281–9135.
SUPPLEMENTARY INFORMATION: The
charter/party industry targets the
following species: Atlantic cod (Gadus
morhua), pollock (Pollachius virens);
haddock (Melanogrammus aeglefinus);
and winter flounder (Pleuronectes
americanus); and, to a lesser extent,
white hake (Urophycis tenuis) and
wolffish (Anarhichas lupus). In light of
the restrictions imposed by Framework
42 to the FMP in 2006 and their
impacts, members of the charter/party
industry and the Council’s Recreational
Advisory Panel recommended at that
time that the Council restrict new
entrants to the charter/party fishery to
reduce the need for further restrictions
on the recreational catch of cod and
other groundfish. The Council did not
take action to restrict entrants but,
instead, established a control date of
March 30, 2006. A ‘‘control date’’ is a
time certain that may be used to limit
access to a future limited access fishery
by vessel owners who enter the fishery
after the control date, versus those that
entered the fishery before the control
date. One of the purposes of the control
date is to discourage speculative entry
into the fishery by vessels hoping to
qualify under any new limited access
program, thereby ramping up fishing
effort during the period the limited
access program is being developed. The
control date also serves as notice to any
new entrants into the fishery that their
financial investment to participate in
the fishery may be jeopardized if they
do not qualify to fully participate in any
new limited access program that is
adopted.
With the implementation of
Amendment 16, many participants in
the recreational fishery have expressed
concern that the number of party/
charter operators will increase due to
low allocation of some stocks to the
commercial fishery. The Council has
decided to reaffirm the original control
date in order to discourage further
speculative entry while it takes time to
develop appropriate measures for the
recreational fishery.
This notification reiterates that March
30, 2006, is the control date for potential
use in determining historical or
traditional participation in the NE
multispecies charter/party fishery.
Consideration of a control date does not
commit the Council or NMFS to develop
any particular management system or
criteria for participation in this fishery.
The Council may choose a different
control date, or may choose a
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]]>Agencies
[Federal Register Volume 75, Number 181 (Monday, September 20, 2010)]
[Proposed Rules]
[Pages 57240-57249]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23443]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 100622276-0307-02]
RIN 0648-AY98
Atlantic Highly Migratory Species; 2011 Commercial Fishing Season
and Adaptive Management Measures for the Atlantic Shark Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would establish opening dates and adjust
quotas for the 2011 fishing season for sandbar sharks, non-sandbar
large coastal sharks (LCS), small coastal sharks (SCS), and pelagic
sharks. Quotas will be adjusted based on the framework established in
Amendment 2 to the 2006 Consolidated Highly Migratory Species Fishery
Management Plan, which requires adjustments for any over- and/or
underharvests experienced during the 2009 and 2010 Atlantic commercial
shark fishing seasons. In addition to establishing opening dates and
adjusting annual quotas, this proposed rule analyzes adaptive
management measures, such as various opening dates for the fishing
season as well as allowing adjustments through inseason actions in the
allowable number of fish that can be taken via trip limits, to provide
flexibility in management in furtherance of equitable fishing
opportunities to the extent practicable for commercial shark fishermen
in all regions and areas. The proposed measures could affect fishing
opportunities for commercial shark fishermen in the Atlantic and Gulf
of Mexico.
DATES: Written comments will be accepted until October 20, 2010. NMFS
will hold four public hearings on this proposed rule on September 22,
2010, in Silver Spring, MD; September 27, 2010,
[[Page 57241]]
in Tequesta, FL; October 4, 2010, in Belle Chasse, LA; and a meeting on
October 6, 2010, via conference call to receive comments from fishery
participants and other members of the public regarding this proposed
rule.
ADDRESSES: The public hearings will be held at the Crowne Plaza Hotel,
8777 Georgia Avenue, Silver Spring, MD 20910; Tequesta Branch Library,
461 Old Dixie Highway North, Tequesta, FL 33469; Belle Chasse
Auditorium, 8398 Highway 23, Belle Chasse, LA, 70037; and via
conference call at 1-800-857-3903; passcode: 2381782.
You may submit comments, identified by 0648-AY98, by any one of the
following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal at https://www.regulations.gov.
Fax: 301-713-1917, Attn: Karyl Brewster-Geisz or
Gu[yacute] DuBeck, or Jackie Wilson at 404-806-9188.
Mail: 1315 East-West Highway, Silver Spring, MD 20910.
Please mark the outside of the envelope ``Comments on the Proposed Rule
To Establish Quotas and Adaptive Management Measures for the 2011
Atlantic Shark Commercial Fishing Season.''
Instructions: No comments will be posted for public
viewing until after the comment period has closed. All comments
received are a part of the public record and generally will be posted
to https://www.regulations.gov without change. All Personal Identifying
Information (e.g., name, address) 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 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 or Gu[yacute]
DuBeck by phone: 301-713-2347 or fax: 301-713-1917, or Jackie Wilson by
phone: 240-338-3936 or fax: 404-806-9188.
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 2006 Consolidated HMS FMP and its amendments under
the Magnuson-Stevens Act are implemented by regulations at 50 CFR part
635.
On June 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 (Amendment 2). That final rule
established the annual quotas for sandbar sharks, non-sandbar LCS, and
pelagic sharks, and also reduced the annual base quotas for non-sandbar
LCS and sandbar sharks through December 31, 2012, to account for large
overharvests that occurred in 2007. The final rule also established a
shark research fishery that allows for the commercial harvest of
sandbar sharks; sandbar harvest is prohibited outside of the shark
research fishery. In addition, that final rule established accounting
measures for under- and overharvests and redefined the shark fishery
regions.
On June 1, 2010, NMFS published a final rule (75 FR 30484)
implementing Amendment 3 to the 2006 Consolidated HMS FMP. This rule
established, among other things, new base quotas for blacknose shark
and non-blacknose SCS fisheries.
Under Amendments 2 and 3 to the 2006 Consolidated HMS FMP, the
Atlantic shark annual quotas apply to all areas of the Atlantic Ocean,
Gulf of Mexico, and Caribbean Sea. NMFS has split the non-sandbar LCS
quota outside the research fishery between two regions, the Atlantic
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. and proceeding due east. Any water and land to the
south and west of that boundary, including the Caribbean, 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.
As described below, in addition to establishing the adjusted annual
quotas, NMFS is also proposing several changes to the regulations
regarding flexibility in season opening dates and retention limits. The
following summarizes the current history of the program.
In Amendment 2, NMFS decreased the number of fishing seasons from
three seasons to one because of the reduced quotas that were
implemented to rebuild overfished shark stocks, prevent overfishing,
and meet the other objectives of Amendment 2. NMFS also reduced the
commercial retention limits for non-sandbar LCS and prohibited the
retention of sandbar sharks, except in a small shark research fishery.
Historically, sandbar sharks accounted for majority of the sharks
caught in the directed LCS fishery. As such, as described in Amendment
2, NMFS felt that prohibiting sandbar sharks in combination with low
retention limits for non-sandbar LCS would reduce the LCS fishery to
incidental levels. NMFS expected this incidental LCS fishery would last
year-round and provide the mid-Atlantic fishery participants the
opportunity to catch part of the non-sandbar LCS quota during the
summer months when LCS migrate northward and for shark fishermen, who
hold directed and incidental commercial shark permits, to be able to
land LCS incidentally year-round as they targeted other species in
other fisheries. However, this expectation did not happen in the 2009
or 2010 non-sandbar LCS fisheries as shark fishermen continued to
direct on non-sandbar LCS, despite the low retention limits.
In 2009, all the Atlantic commercial shark fisheries opened on
January 23, 2009 (73 FR 79005, December 24, 2008). On June 6, 2009, the
non-sandbar LCS fishery closed in the Gulf of Mexico region (74 FR
26803, June 4, 2009). In the Gulf of Mexico region, fishery
participants had limited opportunities to harvest the 2009 Gulf of
Mexico non-sandbar LCS quota due to the June 6, 2009 closure of the
non-sandbar LCS fishery. State fishermen in Louisiana were further
limited due to a state water closure from April 1-June 30.
In 2009, the non-sandbar LCS fishery in the Atlantic region closed
on July 1, 2009 (74 FR 30479, June 26, 2009). Due to this closure, and
also because of the mid-Atlantic bottom longline (BLL) closure in
federal waters from January 1-July 31; the state water closure in
Virginia, Maryland, Delaware, and New Jersey from May 15-July 15; and
the limited availability of non-sandbar LCS in northern Atlantic waters
at the beginning of the year due to migratory patterns, the fishery
participants from North Carolina and northward did not have a non-
sandbar LCS fishing season in 2009.
In 2009, NMFS received requests to consider delaying the 2010 non-
sandbar LCS fishing season until July in the Atlantic region to allow
more shark fishing opportunities in the Mid-Atlantic. NMFS delayed the
opening of the 2010 non-sandbar LCS in the Atlantic region until July
15, 2010, in order to allow for more equitably distributed shark
fishing opportunities as intended by Amendment 2. It is too early to
determine if the delay in the Atlantic region until July 15 provided
more broadly distributed opportunities to all fishermen in that region.
For the Gulf of Mexico region in 2010, the season opened on
February 4, 2010
[[Page 57242]]
(75 FR 250), and then closed six weeks later on March 17, 2010 (75 FR
12700), when the quota was taken. Because of the closure and inclement
weather in the area, many fishery participants in the region did not
have opportunities to participate in the 2010 Gulf of Mexico non-
sandbar LCS fishery.
Based on these experiences, NMFS is considering measures in a draft
environmental assessment that would provide NMFS annual flexibility to
extend all of the shark fishery seasons to provide participants from
all areas expanded opportunities to harvest a portion of the available
non-sandbar LCS shark quota in the Atlantic and Gulf of Mexico regions.
These measures would consider criteria that could be used to delay the
opening of the fishing season through the annual specifications process
as well as to adjust trip limits via inseason actions to provide
expanded access to the resource and to address ecological concerns.
This flexibility would allow NMFS to consider unanticipated events
including large scale issues (e.g., BP/Deepwater Horizon oil spill) or
small scale issues (e.g., inclement weather or slight shifts in
migratory patterns due to colder or warmer water) in order to provide
more equitable fishing opportunities across all regions to the extent
practicable.
Accounting for Under- and Overharvests
Consistent with Sec. 635.27(b)(1)(i)(A), if the available non-
sandbar LCS quota in a particular region or in the research fishery is
exceeded in any fishing season, NMFS will deduct an amount equivalent
to the overharvest(s) from the quota in that region or in the research
fishery for 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,
blacknose sharks, non-blacknose SCS, blue sharks, 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 quota 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 by the
amount that the blue shark quota is exceeded prior to the start of the
next fishing year or, depending on the level of overharvest(s), deduct
an amount equivalent to the overharvest(s) spread over a number of
subsequent fishing years to a maximum of five years.
Consistent with Sec. 635.27(b)(1)(i)(B), if an annual quota for
sandbar sharks, blacknose sharks, non-blacknose 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, blue sharks) or specific species within a quota group
(e.g., blacktip sharks within the non-sandbar LCS 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 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 are
included in the non-sandbar LCS complex for the Atlantic and Gulf of
Mexico regions, the status of which has been determined to be unknown.
As a result, no underharvests from the 2010 Atlantic commercial shark
fishing season would be applied to the 2011 annual quotas or adjusted
base quotas of these complexes.
Thus, the 2011 proposed quotas would be equal to the base annual
quota for blacknose sharks, 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 occurred in the 2009 and 2010 fishing
seasons.
The non-blacknose SCS complex has been determined to not be
overfished and has no overfishing occurring; therefore, any
underharvest from the 2010 Atlantic commercial shark fishing season
would be applied to the 2011 annual quotas or adjusted base quotas.
2011 Proposed Quotas
This rule proposes minor changes to the overall adjusted base and
annual commercial quotas due to overharvests that occurred in 2009 and
2010. The proposed 2011 quotas by species and species group are
summarized in Table 1.
Based on dealer reports received as of July 31, 2010, the non-
sandbar LCS quota in the Gulf of Mexico region was exceeded during the
2010 Atlantic commercial shark fishing season. In the final rule, NMFS
will adjust the quotas based on dealer reports received as of October
31, 2010. Thus, all of the 2011 proposed quotas for the respective
shark complexes/species are subject to change if any overharvests occur
before the final rule for this action. All dealer reports that are
received by NMFS after October 31, 2010, will be used to adjust the
2012 quotas, as appropriate.
Table1--2011 Proposed Quotas and Opening Dates for the Atlantic Shark Fisheries
[All quotas and landings are dressed weight (dw), in metric tons (mt), unless specified otherwise]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2010 annual Preliminary 2010 2011 Base annual 2011 Proposed Season opening
Species group Region quota landings\1\ Overharvest quota\2\ quota dates
................. (A)............. (B)............. (C) (D)............. (D-C)..........
--------------------------------------------------------------------------------------------------------------------------------------------------------
Non-Sandbar Large Coastal Gulf of Mexico... 390.5 (860,896 407.9 (899,896 17.4 390.5 (860,896 373.1 (822,536 On or about
Sharks. lb dw). lb dw). lb dw). lb dw). January 1,
2011.
Atlantic......... 169.7 (374,121 22.2 (49,026 lb ........... 187.8 (414,024 190.4\3\ July 15, 2011.
lb dw). dw). lb dw). (419,756 lb dw).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Non-Sandbar LCS Research No regional 37.5 (82,673 lb 25.2 (55,487 lb ........... 37.5 (82,673 lb 37.5 (82,673 lb
Quota. quotas. dw). dw). dw). dw).
[[Page 57243]]
Sandbar Research Quota....... No regional 87.9 (193,784 lb 42.6 (93,844 lb ........... 87.9 (193,784 lb 87.9 (193,784 lb
quotas. dw). dw). dw). dw).
Non-Blacknose Small Coastal No regional 221.6 (488,539 40.0 (88,187 lb ........... 221.6 (488,539 221.6 (488,539 On or about
Sharks. quotas. lb dw). dw). lb dw). lb dw). January 1,
2011.
Blacknose Sharks.............. No regional 19.9 (43,872 lb 6.8 (15,082 lb ........... 19.9 (43,872 lb 19.9 (43,872 lb
quotas. dw). dw). dw). dw).
Blue Sharks................... No regional 273 (601,856 lb 3.4 (7,388 lb ........... 273 (601,856 lb 273 (601,856 lb
quotas. dw). dw). dw). dw).
Porbeagle Sharks.............. No regional 1.5 (3,307 lb 1.3 (2,824 lb ........... 1.7 (3,748 lb 1.7 (3,748 lb
quotas. dw). dw). dw). dw).
Pelagic Sharks Other Than No regional 488 (1,075,856 92.9 (204,750 lb ........... 488 (1,075,856 488 (1,075,856 ................
Porbeagle or Blue. quotas. lb dw). dw). lb dw). lb dw).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Landings are from January 1, 2010, until July 31, 2010, and are subject to change.
\2\ 2010 annual base quotas for sandbar and non-sandbar LCS are the annual adjusted base quotas that are effective from July 24, 2008, until December
31, 2012 (50 CFR 635.27(b)(1)(iii) and (iv)).
\3\ NMFS intends to adjust the 2011 quota for Atlantic non-sandbar LCS to account for the 2.6 mt dw that was over estimated in the landings report in
2010 after the final rule establishing the 2010 quota published.
1. Proposed 2011 Quotas for Non-Sandbar LCS and Sandbar Sharks Within
the Shark Research Fishery
The 2011 proposed 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 would not
change any of the overall adjusted base commercial quotas.
Within the shark research fishery, as of July 31, 2010, preliminary
reported landings of non-sandbar LCS were at 67.1 percent (25.2 mt dw),
and sandbar shark reported landings were at 48.4 percent (42.6 mt dw).
Reported landings have not exceeded the 2010 quota to date. Therefore,
based on preliminary estimates and consistent with the current
regulations at Sec. 635.27(b)(1)(vii), NMFS is not proposing to reduce
2011 quotas in the shark research fishery based on any overharvests.
Under Sec. 635.27(b)(1)(i)(A), because individual species,
complexes, or species within a complex have been determined to be
either overfished, have overfishing occurring, overfished with
overfishing occurring, or have an unknown status, underharvests for
these species and/or complexes would not be applied to the 2011 quotas.
Therefore, NMFS proposes 2011 quotas for non-sandbar LCS and sandbar
sharks within the shark research fishery would be 37.5 mt dw (82,673 lb
dw) and 87.9 mt dw (193,784 lb dw), respectively.
2. Proposed 2011 Quotas for the Non-Sandbar LCS in the Gulf of Mexico
Region
The 2011 proposed quota for non-sandbar LCS in the Gulf of Mexico
region is 373.1 mt dw (822,536 lb dw). As of July 31, 2010, preliminary
reported landings were at 104.5 percent (407.9 mt dw) for non-sandbar
LCS in the Gulf of Mexico region. These reported landings exceed the
2010 quota by 17.4 mt dw. As such, NMFS's proposal deducts the
overharvest from the 2011 annual quota. Therefore, the 2011 proposed
quota for non-sandbar LCS in the Gulf of Mexico region is 373.1 mt dw
(822,536 lb dw) (390.5 mt dw annual base quota--17.4 mt dw of 2010
overage = 373.1 mt dw 2011 adjusted annual quota).
3. Proposed 2011 Quotas for the Non-Sandbar LCS in the Atlantic Region
The 2011 proposed quota for non-sandbar LCS in the Atlantic region
is 190.4 mt dw (419,756 lb dw). As of July 31, 2010, preliminary
reported landings were at 13.1 percent (22.2 mt dw) for non-sandbar LCS
in the Atlantic region as the commercial season opened on July 15,
2010. In the final rule establishing the 2010 quotas (75 FR 250,
January 5, 2010), NMFS accounted for an overharvest of non-sandbar LCS
of 18.1 mt dw (39,903 lb dw) using data that was reported as of October
31, 2009. Between that date and December 31, 2009, the reported
landings dropped by 2.6 mt dw. This decline is due to normal quality
control procedures that occur when updated data are supplied. As such,
in accordance with Sec. 635.27(b)(1)(i), the amount that was deducted
from the 2010 annual quota, based on preliminary numbers that were
later corrected, would be added to the proposed 2011 non-sandbar LCS
quota in the Atlantic region. Thus, the 2011 proposed commercial non-
sandbar LCS quota would be 190.4 mt dw (419,756 lb dw) (187.8 mt dw
annual base quota + 2.6 mt dw 2009 over estimated landings = 190.4 mt
dw 2011 adjusted annual quota).
4. Proposed 2011 Quotas for SCS and Pelagic Sharks
The 2011 proposed annual commercial quotas for non-blacknose SCS,
blacknose sharks, blue sharks, porbeagle sharks, and pelagic sharks
(other than porbeagle or blue sharks) are 221.6 mt dw (488,539 lb dw),
19.9 mt dw (43,872 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.
As of July 31, 2010, preliminary reported landings of non-blacknose
SCS, blacknose sharks, blue sharks, porbeagle sharks, and pelagic
sharks (other than porbeagle and blue sharks) were at 18 percent (40 mt
dw), 34.4 percent (6.8 mt dw), 1.2 percent (3.4 mt dw), 85 percent (1.3
mt dw), and 19 percent (92.9 mt dw), respectively. These landings are
within the available quotas at this time. As described above, while
NMFS may adjust quotas for underharvests depending on stock status,
NMFS will always adjust quotas for overharvests.
Non-blacknose SCS have not been declared to be overfished, to have
overfishing occurring, or to have an unknown status. As such, any
underharvests for the non-blacknose SCS would be applied to the 2011
quotas.
All the other SCS or pelagic species are considered overfished, to
have overfishing occurring, or to have an unknown status. Therefore,
the 2011 proposed quotas would be the base annual quotas for non-
blacknose SCS, blacknose sharks, blue sharks, porbeagle
[[Page 57244]]
sharks, and pelagic sharks (other than blue and porbeagle sharks)
(221.6 mt dw (488,539 lb dw), 19.9 mt dw (43,872 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 Adaptive Management Measures
Under the current regulations, the Atlantic shark commercial
fishing seasons for each species or species complex is anticipated to
open on or about January 1 of each year, and continue year-round. In
recent years, the quota for some of the shark species groups and
regions has lasted only a short period of time instead lasting year-
round as expected under Amendment 2. For example, in the Atlantic
region in 2009, the non-sandbar LCS quota lasted for approximately six
months, and in the Gulf of Mexico in 2010, the non-sandbar LCS quota
was taken within six weeks.
One approach to the proposed adaptive management measures in the
environmental assessment would be to maintain the status quo approach
to establishing trip limits (33 non-sandbar LCS/trip) as well as
consider alternatives to allow inseason flexibility regarding trip
limits in order to extend fishing opportunities year-round. This
approach would either maintain the current 33 non-sandbar LCS trip
limits (sub-alternative 1A) or consider reductions in the trip limits
to help ensure the fishing season extends throughout the year (sub-
alternatives 1B and 1C).
A second approach would be to allow flexibility in the opening of
the season for Atlantic shark fisheries through the annual
specifications process and inseason actions to adjust shark trip limits
in either region to provide expanded opportunities for constituents
across the fishery, as is the intent of Amendment 2. In addition,
having such flexibility would help NMFS respond throughout the
management region to any future unanticipated large and small scale
events.
This second approach was also analyzed in Amendment 2; however, as
described in Amendment 2, NMFS did not select this approach at that
time because NMFS felt that fishermen would fish for non-sandbar LCS in
an incidental manner. As described earlier, after Amendment 2,
fishermen continued to direct on non-sandbar LCS. Neither approach
would alter the objectives in the 2006 Consolidated HMS FMP or its
Amendments. Rather, these two approaches look at different ways of
maintaining the shark fishery given rebuilding plans and other
management measures, such as time/area closures, that were designed to
rebuild overfished stocks, prevent overfishing, and provide
opportunities to fish for some shark species, as appropriate. Neither
approach would change the overall quota, the rebuilding plan, time/area
closures, or other management measures. Only the opening dates and
retention limits would change under these approaches. Thus, the main
differences between the approaches are how fast and at what time of
year the quota will be taken. In considering these approaches, NMFS
analyzed several alternatives in the environmental assessment.
Sub-alternative 1A, the no action alternative, would maintain the
existing regulations for the current trip limits established in the
2006 Consolidated HMS FMP and its amendments. The Atlantic shark
commercial fishing season for each species or species complex would be
anticipated to open on or about January 1 of each year and continue
until the fishery is closed. Additionally, over- or underharvests in a
given fishing year would be accounted for in the following year
depending on the status of the species.
Sub-alternative 1B would allow NMFS to modify the non-sandbar LCS
trip limit through an inseason action, if needed, to extend the fishing
season in the Gulf of Mexico region if the available quota is being
harvested at a rate that would not ensure a reasonable season length.
The trip limit could be reduced from the current trip limit established
under Amendment 2 to the 2006 Consolidated HMS FMP down to zero non-
sandbar LCS per trip based on the amount of remaining quota and the
time left in a given fishing season. NMFS' decision to reduce the trip
limit, and to what extent it would be reduced, would be based on the
criteria discussed under sub-alternative 2B.
Sub-alternative 1C would modify the non-sandbar LCS trip limit
through an inseason action, as needed, to extend the fishing season in
the Atlantic region if the available quota is being harvested at a rate
that would not allow for a reasonable season length. Similar to sub-
alternative 1B, the trip limit could be reduced and decisions to reduce
the trip limit would be based on the criteria discussed under sub-
alternative 2B.
Alternative 2, the preferred alternative, considers multiple sub-
alternatives that would revisit the current shark management structure.
These proposed management measures would allow flexibility in setting
the opening date of the Atlantic shark fisheries through the annual
specifications process and allow for more equitable fishing
opportunities for constituents across all areas. Another proposed
management measure would provide flexibility by allowing inseason
actions to make adjustments to the non-sandbar LCS trip limits in
either region to provide equitable opportunities for constituents
across the fishery, as is the intent of Amendment 2.
Sub-alternative 2A, a preferred alternative in the environmental
assessment, would establish a process and criteria for selecting the
opening dates of the shark fisheries through the annual specifications
process in the Atlantic and Gulf of Mexico regions. This alternative
presumes that the quotas for some fisheries, such as the non-sandbar
LCS fisheries, would not last the entire fishing year given that the
fishing behavior has changed since the implementation of Amendment 2.
This alternative would provide additional flexibility to ensure the
fisheries open at times beneficial for fishermen while also considering
the ecological needs of the different species. Consistent with current
practice, NMFS would establish the yearly shark quotas and announce the
opening of the fishing season through annual rulemaking with notice and
public comment at the beginning of each fishing season. Under this
alternative, NMFS would consider the following criteria and other
relevant factors in establishing the opening dates:
1. The available annual quotas for the current fishing season for
the different species/complexes based on any over- and/or underharvests
experienced during the previous commercial shark fishing seasons;
2. Estimated season length based on available quota(s) and average
weekly catch rates of different species/complexes in the Atlantic and
Gulf of Mexico regions from the previous years;
3. Length of the season for the different species/complexes in the
previous years and whether fishermen were able to participate in the
fishery in those years;
4. Variations in seasonal distribution, abundance, or migratory
patterns of the different species/complexes based on scientific and
fishery information;
5. Effects of catch rates in one part of a region precluding
vessels in another part of that region from having a reasonable
opportunity to harvest a portion of the different species/complexes
quotas;
6. Effects of the adjustment on accomplishing the objectives of the
2006 Consolidated HMS FMP and its amendments; and/or
[[Page 57245]]
7. Effects of a delayed opening with regard to fishing
opportunities in other fisheries.
Sub-alternative 2B, a preferred alternative in the environmental
assessment, would provide NMFS the ability to adjust the trip limits
via inseason actions based on certain criteria. This alternative
presumes that the quotas for some fisheries, such as the non-sandbar
LCS fisheries, would not last the entire fishing year given that the
fishing behavior has changed since the implementation of Amendment 2
and builds in flexibility to try to extend the availability of the
quota. The goal of the alternative is to lengthen the season to
provide, to the extent practicable, equitable opportunities across the
fishing management region while also considering the ecological needs
of the different species. The criteria NMFS would consider in making
adjustments via inseason actions to trip limits in either the Atlantic
or Gulf of Mexico regions would be the following:
1. The amount of remaining shark quota in the relevant area or
region, to date, based on dealer reports;
2. The catch rates of the relevant shark species/complexes, to
date, based on dealer reports;
3. Estimated date of fishery closure based on when the landings are
projected to reach 80 percent of the quota given the realized catch
rates;
4. Effects of the adjustment on accomplishing the objectives of the
2006 Consolidated HMS FMP and its amendments;
5. Variations in seasonal distribution, abundance, or migratory
patterns of the relevant shark species based on scientific and fishery-
based knowledge; and/or,
6. Effects of catch rates in one part of a region precluding
vessels in another part of that region from having a reasonable
opportunity to harvest a portion of the relevant quota.
For the 2011 Atlantic commercial shark fishing season, NMFS does
not propose to change the trip limit when the season opens. Currently,
the trip limits are 33 non-sandbar LCS per trip for shark directed
permit holders and 3 non-sandbar LCS per trip for shark incidental
permit holders. Under sub-alternative 2B, NMFS could later modify the
trip limits through an inseason action with five days' advance notice
from filing of such a change.
Proposed Fishing Season Notification for the 2011 Atlantic Commercial
Shark Fishing Season
Based on the proposed criteria and processes described above, NMFS
proposes that the 2011 Atlantic commercial shark fishing season for the
shark research, non-sandbar LCS in the Gulf of Mexico region, non-
blacknose SCS, blacknose sharks, 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, would open on the effective date of the final rule for
this action. NMFS proposes to open the Atlantic non-sandbar LCS fishery
on July 15, 2011. The delay in the Atlantic non-sandbar LCS fishery
would provide, to the extent practicable, equitable opportunities
across the fishing management region while also considering the
ecological needs of the different species. Without delaying the opening
date, based on catch rates from 2009, the south Atlantic fishermen
would likely catch the regional quota before the sharks could migrate
to the north Atlantic area.
All of the shark fisheries would remain open until December 31,
2011, unless NMFS determines that the fishing season landings for
sandbar shark, non-sandbar LCS, blacknose sharks, non-blacknose SCS,
blue sharks, porbeagle sharks, or pelagic sharks (other than porbeagle
or blue sharks) have reached, or are projected to reach, 80 percent of
the available quota. At that time, consistent with Sec. 635.28(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, the
fishery for the shark species group and, for non-sandbar LCS, region
would remain closed, even across fishing years, consistent with Sec.
635.28(b)(2).
Request for Comments
Comments on this proposed rule may be submitted via https://www.regulations.gov, mail, or fax. Comments may also be submitted at a
public hearing (see Public Hearings and Special Accommodations below).
NMFS solicits comments on this proposed rule by October 20, 2010 (see
DATES and ADDRESSES). NMFS will hold four public hearings for this
proposed rule. These hearings 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) 713-
2347 or Jackie Wilson at (240) 338-3936 at least 7 days prior to the
hearing date. The public is reminded that NMFS expects participants at
the public hearings to conduct themselves appropriately. At the
beginning of each public hearing, a representative of NMFS will explain
the ground rules (e.g., alcohol is prohibited from the hearing room;
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
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(s).
Attendees are expected to respect the ground rules, and, if they do
not, they will be asked to leave the hearing.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that the proposed rule is
consistent with the 2006 Consolidated HMS FMP and its amendments, other
provisions of the MSA, and other applicable law, subject to further
consideration after public comment.
NMFS prepared an environmental assessment for this rule that
discusses the impact on the environment as a result of this rule. In
this proposed action, NMFS is considering adding flexibility to shark
management measures by analyzing criteria that would allow for delays
to the start of the different shark species/complex fishing seasons
each year as well as allow for inseason adjustments to the shark trip
limits, as appropriate, to extend the fishing season, as necessary.
These measures are meant to provide, to the extent practicable,
equitable opportunities across the fishing management region while also
considering the ecological needs of the different species. A copy of
the environmental assessment is available from NMFS (see ADDRESSES).
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
An initial regulatory flexibility analysis (IRFA) was prepared, as
required by section 603 of the RFA (RFA). The IRFA describes the
economic impact this proposed rule, if adopted, would have on small
entities. A description of the action, why it is being considered, and
the legal basis for this action are contained at the beginning of this
section in the preamble and in the SUMMARY section of the preamble. A
summary of the analysis follows. A copy of this analysis
[[Page 57246]]
is available from NMFS (see ADDRESSES).
In compliance with section 603(b)(1) of the Regulatory Flexibility
Act, the purpose of this proposed rulemaking is, consistent with the
Magnuson-Stevens Act and the 2006 Consolidated HMS FMP and its
amendments, to adjust the 2011 proposed quotas for non-sandbar LCS,
sandbar sharks, blacknose sharks, non-blacknose SCS, blue sharks,
porbeagle sharks, or pelagic sharks (other than porbeagle or blue
sharks) based on overharvests from the previous fishing year. An
additional purpose is to provide flexibility in the regulations to
allow for a delay in the opening of the fishing season, and allow
inseason adjustments in the trip limits to slow the fishery down during
the season, as necessary. This flexibility is intended to provide, to
the extent practicable, equitable opportunities across the fishing
management region while also considering the ecological needs of the
different species.
In compliance with section 603(b)(2) of the Regulatory Flexibility
Act, the objectives of this proposed rulemaking are to: (1) Adjust the
annual quotas for non-sandbar LCS in the Atlantic region due to
overestimations in the final rule in 2010 and non-sandbar LCS in the
Gulf of Mexico region due to minor overharvests in 2010; (2) create new
criteria and a process for selecting the opening dates of the shark
fisheries in the Atlantic and Gulf of Mexico regions; and (3) adjust
the trip limits inseason for non-sandbar LCS based on certain criteria
and processes.
Section 603(b)(3) requires Federal agencies to provide an estimate
of the number of small entities to which the rule would apply. NMFS
considers all HMS permit holders to be small entities because they
either had average annual receipts less than $4.0 million for fish-
harvesting, average annual receipts less than $6.5 million for charter/
party boats, 100 or fewer employees for wholesale dealers, or 500 or
fewer employees for seafood processors. These are the Small Business
Administration (SBA) size standards for defining a small versus large
business entity in this industry.
The commercial shark fishery is comprised of fishermen who hold a
shark directed or incidental limited access permits (LAP) and the
related industries including processors, bait houses, and equipment
suppliers, all of which NMFS considers to be small entities according
to the size standards set by the SBA. The proposed rule would apply to
the approximately 221 directed commercial shark permit holders, 2782
incidental commercial shark permit holders, and 105 commercial shark
dealers as of November 5, 2009.
This proposed rule does not contain any new reporting,
recordkeeping, or other compliance requirements (5 U.S.C. 603(b)(4)).
Similarly, this proposed rule would not conflict, duplicate, or overlap
with other relevant Federal rules (5 U.S.C. 603(b)(5)). Fishermen,
dealers, and managers in these fisheries must comply with a number of
international agreements, domestic laws, and other FMPs. These include,
but are not limited to, the Magnuson-Stevens Act, the Atlantic Tunas
Convention Act, the High Seas Fishing Compliance Act, the Marine Mammal
Protection Act, the Endangered Species Act, the National Environmental
Policy Act, the Paperwork Reduction Act, and the Coastal Zone
Management Act. NMFS does not believe that the new regulations proposed
to be implemented would duplicate, overlap, or conflict with any
relevant regulations, Federal or otherwise.
Under section 603(c), agencies are required to describe any
alternatives to the proposed rule which accomplish the stated
objectives and which minimize any significant economic impacts. These
impacts are discussed below and in the Environmental Assessment for the
proposed action. Additionally, the Regulatory Flexibility Act (5 U.S.C.
603 (c) (1)-(4)) lists four general categories of significant
alternatives that would assist an agency in the development of
significant alternatives. These categories of alternatives are: (1)
Establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) clarification, consolidation, or simplification of
compliance and reporting requirements under the rule for such small
entities; (3) use of performance rather than design standards; and (4)
exemptions from coverage of the rule for small entities.
In order to meet the objectives of this proposed rule, consistent
with Magnuson-Stevens Act and the Endangered Species Act (ESA), NMFS
cannot exempt small entities or change the reporting requirements only
for small entities. Thus, there are no alternatives discussed that fall
under the first and fourth categories described above. In addition,
none of the alternatives considered would result in additional
reporting or compliance requirements (category two above). NMFS does
not know of any performance or design standards that would satisfy the
aforementioned objectives of this rulemaking while, concurrently,
complying with the Magnuson-Stevens Act. As described below, NMFS
analyzed two different main alternatives in this proposed rulemaking
with 5 sub-alternatives and provides justification for selection of the
preferred alternative to achieve the desired objective.
NMFS considered two main alternatives for the shark fishery in the
short term. One approach would be to maintain the status quo approach
to establishing trip limits (33 non-sandbar LCS/trip) as well as
consider alternatives to allow inseason flexibility regarding trip
limits in order to extend fishing opportunities year-round (alternative
1 and its sub-alternatives). The other approach would be to allow
flexibility in the opening of the season for Atlantic shark fisheries
through the annual specifications process and allow adjustments via
inseason actions to shark trip limits in either region to provide
expanded opportunities for constituents across the fishery, as is the
intent of Amendment 2 (alternative 2 and its sub-alternatives).
Under alternative 1, NMFS considered three sub-alternatives. Sub-
alternative 1A, the No Action alternative, would maintain the current
vessel trip regulations for non-sandbar LCS. This would result in no
additional impacts to small entities. Limited access directed shark
permit holders would continue to be able to land up to 33 non-sandbar
LCS per trip. On average, between 2008 and 2009, approximately 47
vessels with directed shark permits and 15 vessels with incidental
shark permits had non-sandbar LCS landings. The estimated total trip
revenue for a maximum trip of 33 sharks is estimated to be $1,920 in
the Gulf of Mexico and $1,767 in the Atlantic. However, this trip limit
as implemented has resulted in shortened fishing seasons in 2009 and
2010 due to regional non-sandbar LCS quotas being filled before the end
of the fishing year. Fishermen in some areas, such as the north
Atlantic, were not able to harvest a portion of the 2009 non-sandbar
LCS quota as intended in Amendment 2 because the quota was harvested
before sharks migrated to northern waters in the Atlantic in 2009. As
such, sub-alternative 1A is not likely to meet the objective of this
proposed rule to provide fishery participants an equal opportunity to
the extent practicable to harvest the full shark quotas.
Sub-alternative 1B would establish a new non-sandbar LCS trip limit
that would extend the fishing season in the Gulf of Mexico region based
on remaining quota and time left in the fishing season. On average
between 2008 and 2009, approximately 20
[[Page 57247]]
vessels with directed shark permits and 4 vessels with incidental shark
permits had non-sandbar LCS landings in the Gulf of Mexico region. The
direct economic impacts to shark fishermen in the Gulf of Mexico region
would depend on the reduction in the trip limit. Approximately 81
percent of the Gulf of Mexico trips retained 29 or fewer non-sandbar
LCS per trip. Therefore, for a majority of trips, NMFS anticipates that
a reduction in the trip limit from 33 non-sandbar LCS to 29 non-sandbar
LCS would have a neutral impact on fishermen as fishing and business
practices are not anticipated to change due to such a reduction.
Reducing the trip limit from 33 non-sandbar LCS to 29 non-sandbar LCS
would potentially reduce the maximum revenue per trip by an average of
$233 per trip in the Gulf of Mexico. This estimate is based on the
average non-sandbar shark weight and 2009 median ex-vessel prices for
non-sandbar LCS and shark fin in the Gulf of Mexico region.
Approximately 18 percent may lose additional gross revenues on a per
trip basis as they were landing more than 33 non-sandbar LCS according
to Coastal Fisheries data. In addition, on average, vessels in the Gulf
of Mexico region retained 21 non-sandbar LCS per trip; however, the
average trip landing numbers of non-sandbar LCS varied by month. If the
trip limit were reduced to 21 non-sandbar LCS per trip, this could
reduce gross revenues per trip from $1,920 to $1,222. While, on
average, fishermen may only retain 21 non-sandbar LCS, such a reduction
would preclude fishermen from being able to keep additional sharks (up
to 33 non-sandbar LCS per trip). Therefore, such a reduction may change
how they fish. It may also result in additional trips within a day to
make up for lost individual trip revenues, which could result in higher
fuel costs, longer fishing days, and increased time away from home. All
of these factors are expected to result in negative economic impacts in
the short term.
Reducing the trip limit to below 21 non-sandbar LCS per trip would
be expected to result in economic impacts as it would further reduce
gross revenues for shark fishermen on a trip basis. The reduction in
gross revenues would range from $756 to $1,920 for a trip limit of 20
to 0 non-sandbar LCS, respectively. The lowest average number of non-
sandbar LCS retained was 11 non-sandbar LCS per trip during the month
of September, which equates to $640 in gross revenues per trip. Such
reductions in the trip limits could translate into fishermen making
multiple trips within a day to make up for lost individual trip
revenues, which could result in higher fuel costs, longer fishing days,
and increased time away from home. However, NMFS anticipates that at
some reduced trip limit level, directed shark fishermen would stop
targeting sharks because it would no longer be economically viable. At
this point, NMFS expects that shark fishermen would target other
species and retain sharks incidentally as anticipated under Amendment 2
and, therefore, the economic impacts in terms of changes in fishing
practices and diversifying fishing effort toward other species to make
up for lost shark revenues would be the same as described in Amendment
2.
Sub-alternative 1C would establish a new non-sandbar LCS trip limit
that would extend the fishing season in the Atlantic region based on
remaining quota and time left in the fishing season. On average between
2008 and 2009, approximately 27 vessels with directed shark permits and
11 vessels with incidental shark permits had non-sandbar LCS landings
in the Atlantic region. The direct impacts to shark fishermen in the
Atlantic region would depend on the reduction in the trip limit. As
explained above, approximately 81 percent of the Atlantic trips
retained 27 or fewer non-sandbar LCS per trip. Therefore, for a
majority of the trips, NMFS anticipates that a reduction in the trip
limit from the 33 non-sandbar LCS to 27 non-sandbar LCS would have
minimal economic impacts on fishermen as fishing and business practices
would not be anticipated to change with such a reduction. Approximately
11 percent may lose additional gross revenues on a trip basis as they
were landing more than 33 non-sandbar LCS according to Coastal
Fisheries data. In addition, on average, vessels in the Atlantic region
retained 13 non-sandbar LCS per trip; however, the average trip landing
numbers of non-sandbar LCS varied by month. If the trip limit was
reduced to 13 non-sandbar LCS per trip, this could reduce potential
gross revenues per trip from $1,767 to $696. However, on average,
fishermen did not retain 33 non-sandbar LCS per trip during any month
of the year. In addition, during 6 of the 12 months fishermen retained
fewer than the overall monthly average retention of 13 non-sandbar LCS
per trip. Therefore, such a reduction in the trip limit is only
anticipated to have minor adverse direct economic impacts to fishermen
in the short term; long term impacts are not anticipated as these
reductions would not be permanent.
Reducing the trip limit below 13 non-sandbar LCS per trip would be
expected to result in moderate adverse direct economic impacts as it
would most likely reduce gross revenues for shark fishermen in the
short term. Fishermen would be expected to stop fishing for sharks as
it would no longer be profitable. The reduction in gross revenues would
range from $1,125 to $1,767 for 12 to 0 non-sandbar LCS per trip,
respectively. The lowest average number of non-sandbar LCS retained was
8 non-sandbar LCS per trip during the month of June, which equates to
$428 in gross revenues per trip. These reductions in the trip limits
could translate into fishermen making multiple trips within a day to
make up for lost individual trip revenues, which could result in higher
fuel costs, longer fishing days, and increased time away from home.
However, NMFS anticipates that at some reduced trip limit level,
directed shark fishermen would stop targeting sharks because it would
no longer be economically viable. At this point, NMFS expects that
shark fishermen would target other species and retain sharks
incidentally as anticipated under Amendment 2, and therefore, the
socioeconomic impacts in terms of changes in fishing practices and
diversifying fishing effort toward other species to make up for lost
shark revenues would be the same as described in Amendment 2.
Under alternative 2, the preferred alternative, NMFS considered two
sub-alternatives. Sub-alternative 2A would establish new opening dates
for the shark fisheries through the annual specifications process in
the Atlantic and Gulf of Mexico regions based on certain criteria and
processes. Sub-alternative 2A could potentially affect the 221 directed
and 282 incidental shark permit holders along with the 105 shark
dealers. NMFS plans to review the criteria on an annual basis to
determine when to open each fishery at equitable and beneficial times
for fishermen while also considering the ecological needs of the
different species. The opening of the fishing season could vary based
on the available annual quota, catch rates, and number of fishing
participants during the year. For the 2011 fishing season, NMFS is
proposing to open the shark research, non-sandbar LCS in the Gulf of
Mexico region, blacknose shark, non-blacknose SCS, and pelagic shark
fisheries on the effective date of the final rule for this action. The
direct and indirect socioeconomic impacts would be neutral on a short
and long-term basis, because NMFS is proposing not to change the
opening dates of these
[[Page 57248]]
fisheries from the status quo. NMFS is proposing to delay the opening
of the non-sandbar LCS in the Atlantic region until July 15, 2011,
which would be the same opening date as 2010 fishing season. The delay
in the Atlantic non-sandbar LCS fishing season would result in short-
and long-term, direct, minor, adverse socioeconomic impacts as
fishermen would have to fish in other fisheries to make up for lost
non-sandbar LCS revenues at the beginning of the 2011 fishing season.
The short and long-term effects for delaying the season would cause
indirect, minor, adverse socioeconomic impacts on shark dealers and
other entities that deal with shark products as they may have to
diversify during the beginning of the season when non-sandbar LCS shark
products would not be available. This would be most prevalent in areas
of the southeast Atlantic where non-sandbar LCS are available early in
the fishing season. The delay in the non-sandbar LCS fishing season
could cause changes in ex-vessel prices. In 2009, the median ex-vessel
price of LCS meat in January was approximately $0.25 per pound dressed
weight in the Gulf of Mexico and $0.45 in the South Atlantic region,
while the median ex-vessel price in July of 2008 was $0.45 in the Gulf
of Mexico and $0.75 in the South Atlantic. The median ex-vessel price
for shark fins in January was $17.00 per pound in the Gulf of Mexico
and $16.00 in the South Atlantic. When the LCS fishery opens in July,
the average price for fins would be approximately $14.00 per pound in
the Gulf of Mexico and $12.00 per pound in the South Atlantic based on
2008 prices. Since the north Atlantic had a very limited 2009 non-
sandbar LCS fishing season, the ex-vessel prices for 2008 were used for
the comparison.
In the north Atlantic, the delayed opening for the non-sandbar LCS
would have direct, minor, beneficial socioeconomic impacts in the short
and long-term for fishermen as they would have access to the non-
sandbar LCS quota in 2011. Fishermen in the North Atlantic did not have
or had limited access to the non-sandbar LCS quota in 2009. There would
be indirect, minor, beneficial socioeconomic impacts in the short and
long-term for shark dealers and other entities that deal with shark
products in this area as they would also have access to non-sandbar LCS
products in 2011. Thus, delaying the non-sandbar LCS seasons under the
preferred alternative would cause neutral cumulative socioeconomic
impacts, since it would allow for a more equitable distribution of the
quotas among constituents in this region, which was the original intent
of Amendment 2.
Sub-alternative 2B would establish new inseason trip limit
adjustment criteria for the Gulf of Mexico and Atlantic regions. Sub-
alternative 2B would allow NMFS to adjust the trip limit through
inseason actions, but would not adjust the overall shark quotas for the
GOM and Atlantic regions. This sub-alternative is anticipated to have
direct and indirect, short-term, neutral socioeconomic impacts in the
GOM and Atlantic regions, because changing the trip limits inseason
would not limit the overall harvest of sharks, but would provide the
mechanism to modify the harvest spatially and temporally to allow
equitable access to the resource. Directed fishing on sharks would
continue as long as the trip limit is high enough to make it
economically viable. Since the implementation of Amendment 2 directed
shark fishing trips land, on average, 21 non-sandbar LCS in the GOM
region, and 13 non-sandbar LCS in the Atlantic region. NMFS has not
been able to determine at what trip limit directed fishing for non-
sandbar LCS would not be economically viable, as directed non-sandbar
LCS fishing trips have continued at lower landings than the annual
averages during certain months. Different trip limit levels have been
further analyzed in alternatives 1B and 1C, and the socioeconomic
impacts associated with the range of trip limits are described above
under sub-alternatives 1B and 1C. Trip limits set at levels too low for
fishermen to continue targeting non-sandbar LCS would likely lead to
shifts in effort to other fisheries, similar to effort shifts
experienced during closures of the non-sandbar LCS fishery in 2009 and
2010. The criteria for changing trip limits inseason takes into account
opportunities for equitable access to fishermen throughout the
respective regions and ecological considerations of the stocks, but
would not restrict or reduce the current quota. If trip limits are set
in a manner that is beneficial to the ecological needs of the different
shark species their populations may increase in the long-term, which
could allow for increased quota levels in the future. Therefore, minor,
beneficial long-term direct, indirect, and cumulative socioeconomic
impacts may occur.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations, Imports,
Penalties, Reporting and recordkeeping requirements, Treaties.
Dated: September 15, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For reasons set out in the preamble, 50 CFR part 635 is proposed to
be amended as follows:
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES
1. The authority citation for part 635 continues to read as
follows:
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
2. In Sec. 635.24, paragraph (a)(8) is added to read as follows:
Sec. 635.24 Commercial retention limits for sharks and swordfish.
* * * * *
(a) * * *
(8) Inseason trip limit adjustment criteria. NMFS will file with
the Office of the Federal Register for publication notification of any
inseason adjustments to trip limits. Before making any adjustment, NMFS
will consider the following criteria and other relevant factors:
(i) The amount of remaining shark quota in the relevant area or
region, to date, based on dealer reports;
(ii) The catch rates of the relevant shark species/complexes, to
date, based on dealer reports;
(iii) Estimated date of fishery closure based on when the landings
are projected to reach 80 percent of the quota given the realized catch
rates;
(iv) Effects of the adjustment on accomplishing the objectives of
the 2006 Consolidated HMS FMP and its amendments;
(v) Variations in seasonal distribution, abundance, or migratory
patterns of the relevant shark species based on scientific and fishery-
based knowledge; and/or,
(vi) Effects of catch rates in one part of a region precluding
vessels in another part of that region from having a reasonable
opportunity to harvest a portion of the relevant quota.
* * * * *
3. In Sec. 635.27:
A. Paragraphs (b)(1)(ii) through (b)(1)(vi) are redesignated as
paragraphs (b)(1)(iii) through (b)(1)(vii), respectively.
B. Paragraph (b)(1)(ii) is added to read as follows:
Sec. 635.27 Quotas.
* * * * *
(b) * * *
(1) * * *
(ii) Opening fishing season criteria. NMFS will file with the
Office of the
[[Page 57249]]
Federal Register for publication notification of the opening dates of
the shark fishery for each species/complex. Before making any
decisions, NMFS would consider the following criteria and other
relevant factors in establishing the opening dates:
(A) The available annual quotas for the current fishing season for
the different species/complexes based on any over- and/or underharvests
experienced during the previous commercial shark fishing seasons;
(B) Estimated season length based on available quota(s) and average
weekly catch rates of different species/complexes in the Atlantic and
Gulf of Mexico regions from the previous years;
(C) Length of the season for the different species/complexes in the
previous years and whether fishermen were able to participate in the
fishery in those years;
(D) Variations in seasonal distribution, abundance, or migratory
patterns of the different species/complexes based on scientific and
fishery information;
(E) Effects of catch rates in one part of a region precluding
vessels in another part of that region from having a reasonable
opportunity to harvest a portion of the different species/complexes
quotas;
(F) Effects of the adjustment on accomplishing the objectives of
the 2006 Consolidated HMS FMP and its amendments; and/or,
(G) Effects of a delayed opening with regard to fishing
opportunities in other fisheries.
* * * * *
[FR Doc. 2010-23443 Filed 9-17-10; 8:45 am]
BILLING CODE 3510-22-P
