Atlantic Highly Migratory Species; Inseason Action To Close the Commercial Blacknose Shark and Non-Blacknose Small Coastal Shark Fisheries, 67251-67252 [2010-27658]

Download as PDF 67251 Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Rules and Regulations Fishery Authorized gear types * * V. Caribbean Fishery Management Council. * * * * * * * 2. Caribbean Reef Fish Fishery (FMP). * * * * * * D. Spear. * * * * * * * * D. Other commercial fishery .............................................................................................................................. * * * PART 622—FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC * * DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 3. The authority citation for part 622 continues to read as follows: ■ 50 CFR Part 635 RIN 0648–XZ95 Authority: 16 U.S.C. 1801 et seq. ■ 4. In § 622.33, paragraph (a) introductory text is revised, paragraph (a)(2)(ii)(A) is removed and reserved, and paragraph (a)(8) is added to read as follows: Atlantic Highly Migratory Species; Inseason Action To Close the Commercial Blacknose Shark and NonBlacknose Small Coastal Shark Fisheries § 622.33 Caribbean EEZ seasonal and/or area closures. AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notification of fishery closure. (a) Seasonal closures. In addition to the other restrictions specified in this paragraph (a), fishing with pots, traps, bottom longlines, gillnets or trammel nets is prohibited year-round in the closed areas specified in paragraphs (a)(1), (2), (3), and (8) of this section. * * * * * (8) Bajo de Sico closed area. (i) The Bajo de Sico closed area is bounded by rhumb lines connecting, in order the following points: Point A hsrobinson on DSK69SOYB1PROD with RULES A B C D A North lat. ........................... ........................... ........................... ........................... ........................... 18°15.7′ 18°15.7′ 18°12.7′ 18°12.7′ 18°15.7′ West long. 67°26.4′ 67°23.2′ 67°23.2′ 67°26.4′ 67°26.4′ (ii) From October 1 through March 31, each year, no person may fish for or possess any Caribbean reef fish, as listed in Table 2 of Appendix A to part 622, in or from those parts of the Bajo de Sico closed area that are in the EEZ. The prohibition on possession does not apply to such Caribbean reef fish harvested and landed ashore prior to the closure. (iii) Anchoring, by fishing vessels, is prohibited year-round in those parts of the Bajo de Sico closed area that are in the EEZ. * * * * * [FR Doc. 2010–27661 Filed 11–1–10; 8:45 am] BILLING CODE 3510–22–P VerDate Mar<15>2010 17:21 Nov 01, 2010 Jkt 223001 SUMMARY: NMFS is closing the commercial blacknose shark and nonblacknose small coastal shark (SCS) fisheries. This action is necessary because landings for the 2010 blacknose shark fishing season are projected to have reached at least 80 percent of the available quota. DATES: The commercial fisheries for blacknose shark and non-blacknose SCS are closed effective 11:30 p.m. local time November 2, 2010 until, and if, NMFS announces, via a notice in the Federal Register that additional quota is available and the season is reopened. FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz or Peter Cooper, 301–713–2347; (fax) 301–713–1917. SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed under the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP), its amendments, and its implementing regulations found at 50 CFR part 635 issued under authority of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). Under § 635.5(b)(1), shark dealers are required to report to NMFS all sharks landed every two weeks. Dealer reports for fish received between the 1st and 15th of any month must be received by PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 NMFS by the 25th of that month. Dealer reports for fish received between the 16th and the end of any month must be received by NMFS by the 10th of the following month. Under § 635.28(b)(3), when NMFS projects that fishing season landings for either blacknose shark or non-blacknose SCS quota have reached or are projected to reach 80 percent of the available quota within a given fishing season, NMFS will file for publication with the Office of the Federal Register a notice of closure for the entire SCS fishery, including both the blacknose and non-blacknose SCS fisheries, that will be effective no fewer than 5 days from the date of filing. From the effective date and time of the closure until NMFS announces, via a notice in the Federal Register, that additional quota is available and the season is reopened, the fishery for that species group is closed, even across fishing years. On June 1, 2010 (75 FR 30484), NMFS announced the final rule for Amendment 3 to the Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP), which, among other things, established quotas and opening dates for the 2010 blacknose shark and non-blacknose SCS fisheries. Both the blacknose shark and non-blacknose SCS fisheries opened on June 1, 2010, with base quotas of 19.9 metric tons (mt) dressed weight (dw) (43,872 lb dw) and 221.6 mt dw (488,539 lb dw), respectively. Dealer reports recently received through the September 30, 2010, reporting period indicate that 13.4 mt dw or 68 percent of the available blacknose shark fishery quota has been landed, and that 89.1 mt dw or 40 percent of the available nonblacknose SCS fishery quota has been landed. Dealer reports received to date indicate that 20 percent of the blacknose shark quota was landed from the opening of the fishery on June 1, 2010, through June 30, 2010; 14.4 percent of the quota was landed in July; 13.6 percent of the quota was landed in August; and 20 percent of the quota was landed in September. NMFS looked at E:\FR\FM\02NOR1.SGM 02NOR1 67252 Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Rules and Regulations hsrobinson on DSK69SOYB1PROD with RULES two landings projection scenarios—one that used the average landings rate of blacknose sharks per day from the entire 2010 fishing period (June 1 to September 30), and another that used the average blacknose shark landings rate from the last reporting period (September 15 to September 30)—to estimate blacknose shark landings by October 31, 2010. The projections estimate that approximately 17 and 36.9 percent of the blacknose shark quota will be landed in October, respectively, and that blacknose shark landings could total approximately 85 and 104.9 percent of the blacknose shark quota by October 31, 2010, respectively. Dealer reports received to date indicate that 9.5 percent of the nonblacknose SCS fishery quota was landed from the opening of the fishery on June 1, 2010, through June 30, 2010; 8.5 percent of the quota was landed in July; 9.4 percent of the quota was landed in August; and 12.6 percent of the quota was landed in September. NMFS looked at two landing projection scenarios— one that used the average landings rate of non-blacknose SCS per day from the entire 2010 fishing period (June 1 to September 30), and another that used the average non-blacknose SCS landings rate from the last reporting period (September 15 to September 30)—to estimate non-blacknose SCS landings by October 31, 2010. The projections VerDate Mar<15>2010 17:21 Nov 01, 2010 Jkt 223001 estimate that approximately 10 and 13.5 percent of the non-blacknose SCS quota will be landed in October, respectively, and that non-blacknose SCS landings could approximately total 50 and 53.5 percent of the non-blacknose shark quota by October 31, 2010, respectively. The projections indicate that blacknose shark landings have reached at least 85 percent of the quota, which exceeds the 80-percent limit specified in the regulations. Accordingly, NMFS is closing both the commercial blacknose shark and non-blacknose SCS fisheries as of 11:30 p.m. local time November 2, 2010. This closure does not affect any other shark fishery. During the closure, retention of blacknose sharks and/or non-blacknose SCS is prohibited for persons fishing aboard vessels issued a commercial shark limited access permit (LAP) under 50 CFR 635.4, unless the vessel is properly permitted to operate as a charter vessel or headboat for HMS and is engaged in a for-hire trip, in which case the recreational retention limits for sharks and ‘‘no sale’’ provisions apply (50 CFR 635.22(a) and (c)). A shark dealer issued a permit pursuant to § 635.4 may not purchase or receive blacknose sharks and/or non-blacknose SCS from a vessel issued an Atlantic shark LAP, except that a permitted shark dealer or processor may possess blacknose sharks and/or non-blacknose PO 00000 Frm 00052 Fmt 4700 Sfmt 9990 SCS that were harvested, off-loaded, and sold, traded, or bartered, prior to the effective date of the closure and were held in storage. Classification Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for Fisheries, NOAA (AA), finds that providing for prior notice and public comment for this action is impracticable and contrary to the public interest because the fishery is currently underway, and any delay in this action would cause overharvest of the quota and be inconsistent with management requirements and objectives. If the quota is exceeded, the affected public is likely to experience reductions in the available quota and a lack of fishing opportunities in future seasons. For these reasons, the AA also finds good cause to waive the 30-day delay in effective date pursuant to 5 U.S.C. 553 (d)(3). This action is required under § 635.28(b)(2) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: October 27, 2010. Carrie Selberg, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2010–27658 Filed 10–28–10; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\02NOR1.SGM 02NOR1

Agencies

[Federal Register Volume 75, Number 211 (Tuesday, November 2, 2010)]
[Rules and Regulations]
[Pages 67251-67252]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27658]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

RIN 0648-XZ95


Atlantic Highly Migratory Species; Inseason Action To Close the 
Commercial Blacknose Shark and Non-Blacknose Small Coastal Shark 
Fisheries

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

ACTION: Notification of fishery closure.

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SUMMARY: NMFS is closing the commercial blacknose shark and non-
blacknose small coastal shark (SCS) fisheries. This action is necessary 
because landings for the 2010 blacknose shark fishing season are 
projected to have reached at least 80 percent of the available quota.

DATES: The commercial fisheries for blacknose shark and non-blacknose 
SCS are closed effective 11:30 p.m. local time November 2, 2010 until, 
and if, NMFS announces, via a notice in the Federal Register that 
additional quota is available and the season is reopened.

FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz or Peter Cooper, 
301-713-2347; (fax) 301-713-1917.

SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed 
under the 2006 Consolidated Atlantic Highly Migratory Species (HMS) 
Fishery Management Plan (FMP), its amendments, and its implementing 
regulations found at 50 CFR part 635 issued under authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.).
    Under Sec.  635.5(b)(1), shark dealers are required to report to 
NMFS all sharks landed every two weeks. Dealer reports for fish 
received between the 1st and 15th of any month must be received by NMFS 
by the 25th of that month. Dealer reports for fish received between the 
16th and the end of any month must be received by NMFS by the 10th of 
the following month. Under Sec.  635.28(b)(3), when NMFS projects that 
fishing season landings for either blacknose shark or non-blacknose SCS 
quota have reached or are projected to reach 80 percent of the 
available quota within a given fishing season, NMFS will file for 
publication with the Office of the Federal Register a notice of closure 
for the entire SCS fishery, including both the blacknose and non-
blacknose SCS fisheries, that will be effective no fewer than 5 days 
from the date of filing. From the effective date and time of the 
closure until NMFS announces, via a notice in the Federal Register, 
that additional quota is available and the season is reopened, the 
fishery for that species group is closed, even across fishing years.
    On June 1, 2010 (75 FR 30484), NMFS announced the final rule for 
Amendment 3 to the Consolidated Atlantic Highly Migratory Species (HMS) 
Fishery Management Plan (FMP), which, among other things, established 
quotas and opening dates for the 2010 blacknose shark and non-blacknose 
SCS fisheries. Both the blacknose shark and non-blacknose SCS fisheries 
opened on June 1, 2010, with base quotas of 19.9 metric tons (mt) 
dressed weight (dw) (43,872 lb dw) and 221.6 mt dw (488,539 lb dw), 
respectively. Dealer reports recently received through the September 
30, 2010, reporting period indicate that 13.4 mt dw or 68 percent of 
the available blacknose shark fishery quota has been landed, and that 
89.1 mt dw or 40 percent of the available non-blacknose SCS fishery 
quota has been landed. Dealer reports received to date indicate that 20 
percent of the blacknose shark quota was landed from the opening of the 
fishery on June 1, 2010, through June 30, 2010; 14.4 percent of the 
quota was landed in July; 13.6 percent of the quota was landed in 
August; and 20 percent of the quota was landed in September. NMFS 
looked at

[[Page 67252]]

two landings projection scenarios--one that used the average landings 
rate of blacknose sharks per day from the entire 2010 fishing period 
(June 1 to September 30), and another that used the average blacknose 
shark landings rate from the last reporting period (September 15 to 
September 30)--to estimate blacknose shark landings by October 31, 
2010. The projections estimate that approximately 17 and 36.9 percent 
of the blacknose shark quota will be landed in October, respectively, 
and that blacknose shark landings could total approximately 85 and 
104.9 percent of the blacknose shark quota by October 31, 2010, 
respectively.
    Dealer reports received to date indicate that 9.5 percent of the 
non-blacknose SCS fishery quota was landed from the opening of the 
fishery on June 1, 2010, through June 30, 2010; 8.5 percent of the 
quota was landed in July; 9.4 percent of the quota was landed in 
August; and 12.6 percent of the quota was landed in September. NMFS 
looked at two landing projection scenarios--one that used the average 
landings rate of non-blacknose SCS per day from the entire 2010 fishing 
period (June 1 to September 30), and another that used the average non-
blacknose SCS landings rate from the last reporting period (September 
15 to September 30)--to estimate non-blacknose SCS landings by October 
31, 2010. The projections estimate that approximately 10 and 13.5 
percent of the non-blacknose SCS quota will be landed in October, 
respectively, and that non-blacknose SCS landings could approximately 
total 50 and 53.5 percent of the non-blacknose shark quota by October 
31, 2010, respectively.
    The projections indicate that blacknose shark landings have reached 
at least 85 percent of the quota, which exceeds the 80-percent limit 
specified in the regulations. Accordingly, NMFS is closing both the 
commercial blacknose shark and non-blacknose SCS fisheries as of 11:30 
p.m. local time November 2, 2010. This closure does not affect any 
other shark fishery.
    During the closure, retention of blacknose sharks and/or non-
blacknose SCS is prohibited for persons fishing aboard vessels issued a 
commercial shark limited access permit (LAP) under 50 CFR 635.4, unless 
the vessel is properly permitted to operate as a charter vessel or 
headboat for HMS and is engaged in a for-hire trip, in which case the 
recreational retention limits for sharks and ``no sale'' provisions 
apply (50 CFR 635.22(a) and (c)). A shark dealer issued a permit 
pursuant to Sec.  635.4 may not purchase or receive blacknose sharks 
and/or non-blacknose SCS from a vessel issued an Atlantic shark LAP, 
except that a permitted shark dealer or processor may possess blacknose 
sharks and/or non-blacknose SCS that were harvested, off-loaded, and 
sold, traded, or bartered, prior to the effective date of the closure 
and were held in storage.

Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for 
Fisheries, NOAA (AA), finds that providing for prior notice and public 
comment for this action is impracticable and contrary to the public 
interest because the fishery is currently underway, and any delay in 
this action would cause overharvest of the quota and be inconsistent 
with management requirements and objectives. If the quota is exceeded, 
the affected public is likely to experience reductions in the available 
quota and a lack of fishing opportunities in future seasons. For these 
reasons, the AA also finds good cause to waive the 30-day delay in 
effective date pursuant to 5 U.S.C. 553 (d)(3). This action is required 
under Sec.  635.28(b)(2) and is exempt from review under Executive 
Order 12866.

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

    Dated: October 27, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-27658 Filed 10-28-10; 4:15 pm]
BILLING CODE 3510-22-P