Atlantic Highly Migratory Species; 2012 Atlantic Shark Commercial Fishing Season, 67121-67127 [2011-28083]
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Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Proposed Rules
modification does not open a window
for the routine transfer of call traffic
between eligible VRS providers, for
example, in order to avoid violation of
its VRS speed of answer rule.
Also, in order to minimize the adverse
economic impact on small entities, the
Commission seeks comment on various
ways to implement and compensate for
the proposed rule modification.
Specifically, the Commission seeks
comment on three alternatives:
(1) Whether, in the event the Fund
administrator or the Commission
determines that no exigent
circumstances existed, the Fund
administrator should withhold payment
for the transferred traffic; or (2) the
Commission should directly pay the
eligible provider that handled the
traffic; and (3) whether, in the latter
scenario, directly paying the eligible
provider that handled the traffic might
provide incentives for eligible providers
to engage in unauthorized revenue
sharing arrangements.
In conclusion, the Commission seeks
comment on the alternatives discussed
above for such transfer of traffic. The
Commission also seeks comment on
whether any specific reimbursement
policy would minimize the adverse
impact on a substantial number of small
entities if any small entities would in
fact be impacted by this rule
modification.
F. Federal Rules That May Duplicate,
Overlap, or Conflict With Proposed
Rules
None.
srobinson on DSK4SPTVN1PROD with PROPOSALS
Ordering Clauses
Pursuant to the authority contained in
sections 1, 4(i), (j) and (o), 225, and
303(r) of the Communications Act of
1934, as amended, 47 U.S.C. 151, 154(i),
(j) and (o), 225, and 303(r), and § 1.429
of the Commission’s rules, 47 CFR
1.429, the FNPRM in document FCC 11–
155 Is Adopted. The Commission’s
Consumer and Governmental Affairs
Bureau, Reference Information Center,
Shall Send a copy of the FNPRM in
document FCC 11–155, including the
Initial Regulatory Flexibility
Certification, to the Chief Counsel for
Advocacy of the Small Business
Administration.
List of Subjects in 47 CFR Part 64
Individuals with disabilities,
Reporting and recordkeeping
requirements, Telecommunications.
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17:02 Oct 28, 2011
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Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Proposed Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
part 64 as follows:
PART 64—MISCELLANEOUS RULES
RELATING TO COMMON CARRIERS
1. The authority citation for part 64 is
revised to read as follows:
Authority: 47 U.S.C. 154, 254 (k), 227;
secs. 403(b)(2)(B), (c), Pub. L. 104–104, 100
Stat. 56. Interpret or apply 47 U.S.C. 201,
218, 225, 226, 207, 228, 254(k), 616 and 620,
unless otherwise noted.
Subpart F—Telecommunications Relay
Services and Related Customer
Premises Equipment for Persons With
Disabilities
2. The authority citation for subpart F
is revised to read as follows:
Authority: 47 U.S.C. 151–154; 225, 255,
303(r), 616, and 620.
3. In § 64.604, revise paragraph
(c)(5)(iii)(N)(1)(iii) to read as follows:
§ 64.604
Mandatory minimum standards.
*
*
*
*
*
(c) * * *
(5) * * *
(iii) * * *
(N) * * *
(1) * * *
(iii) An eligible VRS provider may not
contract with or otherwise authorize any
third party to provide interpretation
services or call center functions
(including call distribution, call routing,
call setup, mapping, call features,
billing, and registration) on its behalf,
unless necessitated by an unexpected
and temporary surge in call traffic due
to exigent circumstances and the
authorized third party also is an eligible
provider. Exigent circumstances shall be
deemed to include a natural disaster or
other comparable emergency that is not
reasonably foreseeable and is outside
the provider’s control, but shall not
include events that in the ordinary
course of business could reasonably
have been anticipated, such as a surge
in traffic occurring during a holiday
period. When a provider seeks to be
reimbursed from the Fund for minutes
transferred to another eligible VRS
provider as a result of exigent
circumstances, it should submit such
minutes in its monthly submission to
the Fund administrator for
reimbursement in the normal course,
but must identify any such minutes as
having been handled by another
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67121
provider and identify the other
provider. The Fund administrator shall
determine whether exigent
circumstances exist as part of its normal
processes for verifying monthly
submissions, and may request
additional information regarding the
specifics of the exigent circumstances
for purposes of determining whether, in
fact, exigent circumstances existed and
whether reimbursement is warranted.
The Fund administrator may withhold
reimbursements for minutes where it
finds that no exigent circumstances
existed, or otherwise finds that the
request for reimbursement is not
sufficiently substantiated. The Fund
administrator shall reimburse the
transferring eligible provider for
compensable minutes resulting from
transferred call traffic, and the
transferring eligible provider may
compensate the transferee for handling
such call traffic so long as such
compensation is not on a per-minute
basis.
*
*
*
*
*
[FR Doc. 2011–28069 Filed 10–28–11; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 110913585–1625–01]
RIN 0648–BB36
Atlantic Highly Migratory Species;
2012 Atlantic Shark Commercial
Fishing Season
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 2012 fishing season for
the Atlantic commercial shark fisheries.
Quotas would be adjusted based on any
over- and/or underharvests experienced
during the 2010 and 2011 Atlantic
commercial shark fishing seasons. In
addition, NMFS proposes season
openings based on previously
implemented adaptive management
measures to provide, to the extent
practicable, fishing opportunities for
commercial shark fishermen in all
regions and areas. The proposed
measures could affect fishing
opportunities for commercial shark
SUMMARY:
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srobinson on DSK4SPTVN1PROD with PROPOSALS
fishermen in the northwestern Atlantic,
including the Gulf of Mexico and
Caribbean.
DATES: Written comments will be
accepted until November 30, 2011.
ADDRESSES: You may submit comments
on this document, identified by 0648–
BB36, by any of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal at https://
www.regulations.gov. To submit
comments via the e-Rulemaking Portal,
first click the ‘‘submit a comment’’ icon,
then enter 0648–BB36 in the keyword
search. Locate the document you wish
to comment on from the resulting list
and click on the ‘‘Submit a Comment’’
icon on the right of that line.
• Mail: Submit written comments to
1315 East-West Highway, Silver Spring,
MD 20910. Please mark the outside of
the envelope ‘‘Comments on the
Proposed Rule to Establish Quotas and
Opening Dates for the 2012 Atlantic
Shark Commercial Fishing Season.’’
• Fax: (301) 427–8503, Attn: Karyl
Brewster-Geisz, Guy DuBeck, or Jennifer
Cudney.
• Instructions: Comments must be
submitted by one of the above methods
to ensure that the comments are
received, documented, and considered
by NMFS. Comments sent by any other
method, to any other address or
individual, or received after the end of
the comment period, may not be
considered. All comments received are
a part of the public record and will
generally be posted for public viewing
on https://www.regulations.gov without
change. All personal identifying
information (e.g., name, address, etc.)
submitted voluntarily by the sender will
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). Attachments to electronic
comments will be accepted in Microsoft
Word or Excel, WordPerfect, or Adobe
PDF file formats only.
SUPPLEMENTARY INFORMATION:
Background
The Atlantic commercial shark
fisheries are managed under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act). The 2006
Consolidated HMS Fishery Management
Plan (FMP) and its amendments under
the Magnuson-Stevens Act are
implemented by regulations at 50 CFR
part 635. For the Atlantic commercial
shark fisheries, the 2006 Consolidated
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HMS FMP and its amendments
established, among other things,
commercial quotas for species and
species complexes, accounting measures
for under- and overharvests for the
shark fisheries, and adaptive
management measures such as flexible
opening dates for the fishing season and
inseason adjustments to shark trip
limits, which provide flexibility in
management in the furtherance of
equitable fishing opportunities, to the
extent practicable, for commercial shark
fishermen in all regions and areas.
Accounting for Under- and
Overharvests
Consistent with § 635.27(b)(1)(i)(A), if
the available non-sandbar Large Coastal
Shark (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 5 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 5 years. If the blue shark
quota is exceeded, NMFS will deduct an
amount equivalent to the overharvest(s)
from the following fishing season quota
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 5 years.
Consistent with § 635.27(b)(1)(i)(B), if
an annual quota for sandbar sharks,
blacknose sharks, non-blacknose Small
Coastal Sharks (SCS), blue sharks,
porbeagle sharks, or pelagic sharks
(other than porbeagle or blue sharks) is
not exceeded, NMFS may adjust the
annual quota, depending on the status
of the stock or quota group. If the annual
quota for non-sandbar LCS is not
exceeded in either region or in the
research fishery, NMFS may adjust the
annual quota for that region or the
research fishery for the following year,
depending on the status of the stock or
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quota group. If the stock/complex (e.g.,
sandbar sharks, porbeagle sharks, nonsandbar 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.
Recently, NMFS published new stock
determinations for blacknose and
sandbar sharks (76 FR 62331; October 7,
2011). The blacknose shark stock was
split into regions with the Atlantic stock
being determined as overfished with
overfishing occurring, while the Gulf of
Mexico stock status was determined to
be unknown. Sandbar sharks have been
determined to be overfished with no
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. NMFS recently
determined that scalloped hammerhead
sharks were overfished with overfishing
occurring (76 FR 23794; April 28, 2011).
Scalloped hammerhead sharks are
included in the non-sandbar LCS
complex for the Atlantic and Gulf of
Mexico regions. As a result, based on
their stock status, no underharvests
from the 2011 Atlantic commercial
shark fishing season would be applied
to the 2012 annual quotas or adjusted
base quotas of these species or
complexes.
Thus, the 2012 proposed quotas
would be equal to the appropriate
annual quota minus any overharvests
that occurred in the 2010 and 2011
fishing seasons. For blacknose sharks,
porbeagle sharks, blue sharks, and
pelagic sharks (other than porbeagle or
blue sharks), NMFS would use the base
annual quota established at
§ 635.27(b)(1)(iv)(A). For sandbar sharks
and non-sandbar LCS, NMFS would use
the adjusted base annual quota
established at § 635.27(b)(1)(iii).
The non-blacknose SCS complex has
been determined to not be overfished
and has no overfishing occurring;
therefore, any underharvest up to 50
percent of the base quota from the 2011
Atlantic commercial shark fishing
season could be applied to the 2012
annual quotas.
2012 Proposed Quotas
This rule proposes adjustments to the
base commercial quotas due to over and
underharvests that occurred in 2010 and
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Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Proposed Rules
2011, where allowable, taking into
consideration the stock status as
required under existing regulations. The
proposed 2012 quotas by species and
species group are summarized in Table
1.
The quotas in this proposed rule are
based on dealer reports received as of
August 31, 2011. In the final rule, NMFS
will adjust the quotas based on dealer
reports received as of October 31, 2011.
Thus, all of the 2012 proposed quotas
for the respective shark complexes/
67123
species are subject to further adjustment
for any overharvests reflected after
considering the October 31 dealer
reports. All dealer reports that are
received by NMFS after October 31,
2011, will be used to adjust the 2013
quotas, as appropriate.
TABLE 1—2012 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. TABLE INCLUDES LANDINGS DATA THROUGH AUGUST 31, 2011, AND QUOTAS ARE SUBJECT TO CHANGE BASED ON LANDINGS THROUGH
OCTOBER 31, 2011
Non-Sandbar Large
Coastal Sharks.
2011 Annual
quota
Region
Gulf of Mexico.
Atlantic .........
Non-Sandbar LCS
Research Quota.
Sandbar Research
Quota.
Non-Blacknose Small
Coastal Sharks.
Blacknose Sharks ....
No regional
quotas.
......................
Blue Sharks .............
......................
Porbeagle Sharks ....
......................
Pelagic Sharks Other
Than Porbeagle or
Blue.
......................
......................
......................
Preliminary 2011
landings 1
Overharvest/
underharvest
2012 Base
annual quota 2
2012 Proposed
quota
(A)
Species group
(B)
(C)
(D)
(D + C)
351.9 (775,740 lb
dw).
190.4 (419,756 lb
dw).
327.0 (720,868 lb
dw).
79.9 (176,052 lb
dw).
3 2.3
390.5 (860,896 lb
dw).
187.8 (414,024 lb
dw).
392.8 (866,063 lb
dw).
183.2 (403,889 lb
dw).
37.5 (82,673 lb
dw).
87.9 (193,784 lb
dw).
314.4 (693,257 lb
dw).
19.9 (43,872 lb
dw).
273 (601,856 lb
dw).
1.6 (3,479 lb dw)
37.0 (81,627 lb
dw).
53.0 (116,706 lb
dw).
132.9 (292,926 lb
dw).
13.1 (28,856 lb
dw).
7.2 (15,968 lb
dw).
2.4 (5,350 lb dw)
....................................
37.5 (82,673 lb
dw).
87.9 (193,784 lb
dw).
221.6 (488,539 lb
dw).
19.9 (43,872 lb
dw).
273 (601,856 lb
dw).
1.7 (3,748 lb dw)
37.5 (82,673 lb
dw).
87.9 (193,784 lb
dw).
310.6 (684,687 lb
dw).
19.9 (43,872 lb
dw).
273 (601,856 lb
dw).
0.8 (1,665 lb dw)
488 (1,075,856 lb
dw).
85.7 (188,896 lb
dw).
488 (1,075,856 lb
dw).
488 (1,075,856 lb
dw).
(5,167 lb dw) .....
4¥4.6
(¥10,135 lb
dw).
....................................
5 89.0
(196,148 lb dw)
....................................
....................................
6 0.9
(¥2,083 lb dw)
....................................
Season opening
dates
March 1, 2011.
Effective Date for
HMS Electronic
Reporting System
or July 15, 2011.7
On or about January
1, 2011.
On or about January
1, 2011.8
1 Landings
are from January 1, 2011, until August 31, 2011, 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 proposes to adjust the 2012 quota for the Gulf of Mexico non-sandbar LCS to account for the 2.3 mt dw that was over estimated in the landings report in
2011 after the final rule establishing the 2011 quota published.
4 NMFS proposes to adjust the 2012 quota for Atlantic non-sandbar LCS to account for the 4.6 mt dw overharvest reflected in the landings report in 2011 after the
final rule establishing the 2011 quota published.
5 NMFS proposes to adjust the 2012 quota for non-blacknose SCS to account for the 21.8 mt dw that was over estimated in the landings report in 2011 after the
final rule establishing the 2011 quota published and the underharvest of 110.8 mt dw in 2011.
6 NMFS proposes to adjust the 2012 quota for porbeagle sharks to account for the < 0.1 mt dw overharvest that occurred in 2010 after the 0.1 mt dw overharvest
was accounted for in the final rule establishing the 2011 quota and additional overharvest of 0.8 mt dw in 2011.
7 NMFS proposes to open the Atlantic non-sandbar LCS quota once the HMS electronic reporting system is implemented or July 15, 2011, whichever occurs first.
NMFS would closely monitor the quota to ensure equitable fishing opportunities. If the fishery opens sooner than July 15 and the quota is being taken too fast to ensure equitable fishing opportunities across the region, NMFS would reduce the Atlantic non-sandbar LCS retention limits to slow down the fishing rates.
8 NMFS proposes to open the porbeagle fishery on January 1, 2012. If landings continue to occur in 2011 and the overharvest reaches 80 percent or more of the
base quota (1.3 mt dw; 2,988 lb dw), NMFS would not open the fishery in 2012.
2 2010
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1. Proposed 2012 Quotas for NonSandbar LCS and Sandbar Sharks
Within the Shark Research Fishery
The 2012 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.
Within the shark research fishery, as
of August 31, 2011, preliminary
reported landings of non-sandbar LCS
were at 99 percent (37.0 mt dw), and
sandbar shark reported landings were at
60 percent (53.0 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
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shark research fishery based on any
overharvests.
Under § 635.27(b)(1)(i), 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 2012 quotas. Therefore,
NMFS proposes 2012 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.
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2. Proposed 2012 Quotas for the NonSandbar LCS in the Gulf of Mexico
Region
The 2012 proposed quota for nonsandbar LCS in the Gulf of Mexico
region is 392.8 mt dw (866,063 lb dw).
As of August 31, 2011, preliminary
reported landings were at 93 percent
(327.0 mt dw) for non-sandbar LCS in
the Gulf of Mexico region. In the final
rule establishing the 2011 quotas (75 FR
76302, December 8, 2010), NMFS
accounted for an overharvest of nonsandbar LCS of 38.6 mt dw (85,156 lb
dw) using data that was reported as of
October 31, 2010. Between that date and
December 31, 2010, the reported
landings dropped by 2.3 mt dw due to
normal quality control procedures that
occur when updated data are supplied.
Thus, in order to reflect the best
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available data and in accordance with
§ 635.27(b)(1)(i), the amount that was
deducted from the 2011 annual quota,
based on preliminary numbers that were
later corrected, would be added to the
proposed 2012 non-sandbar LCS quota
in the Atlantic region. Thus, the 2012
proposed commercial non-sandbar LCS
quota is 392.8 mt dw (866,063 lb dw)
(390.5 mt dw annual base quota + 2.3 mt
dw 2010 over estimated landings =
392.8 mt dw 2012 adjusted annual
quota).
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3. Proposed 2012 Quotas for the NonSandbar LCS in the Atlantic Region
The 2012 proposed quota for nonsandbar LCS in the Atlantic region is
183.2 mt dw (403,889 lb dw). As of
August 31, 2011, preliminary reported
landings were at 42 percent (79.9 mt
dw) for non-sandbar LCS in the Atlantic
region as the commercial season opened
on July 15, 2011. In the final rule
establishing the 2011 quotas, reported
landings as of October 31, 2010, did not
exceed the 2011 quota. Between that
date and December 31, 2010, the
Atlantic non-sandbar LCS quota was
overharvested by 4.6 mt dw. As such,
the 2012 proposed commercial nonsandbar LCS quota is 183.2 mt dw
(403,889 lb dw) (187.8 mt dw annual
base quota ¥4.6 mt dw 2010 over
estimated landings = 183.2 mt dw 2012
adjusted annual quota).
4. Proposed 2012 Quotas for SCS and
Pelagic Sharks
The 2012 proposed annual
commercial quotas for non-blacknose
SCS, blacknose sharks, blue sharks,
porbeagle sharks, and pelagic sharks
(other than porbeagle or blue sharks) are
310.6 mt dw (684,687 lb dw), 19.9 mt
dw (43,872 lb dw), 273 mt dw (601,856
lb dw), 0.8 mt dw (1,900 lb dw), and 488
mt dw (1,075,856 lb dw), respectively.
As of August 31, 2011, preliminary
reported landings of non-blacknose SCS,
blacknose sharks, blue sharks, porbeagle
sharks, and pelagic sharks (other than
porbeagle and blue sharks) were at 42
percent (132.9 mt dw), 66 percent (13.1
mt dw), 2 percent (7.2 mt dw), 154
percent (2.4 mt dw), and 18 percent
(85.7 mt dw), respectively. As described
above, while NMFS may adjust quotas
for underharvests only when allowable
depending on the 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. Pursuant to
§ 635.27(b)(1)(i), any underharvests for
the non-blacknose SCS would be
applied to the 2011 quotas. In the final
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rule establishing the 2011 quotas, NMFS
accounted for an underharvest of 92.9
mt dw (204,718 lb dw) using data that
was reported as of October 31, 2010.
Between that date and December 31,
2010, an additional 21.8 mt dw was
reported landed. As such, NMFS
proposes to reduce the 2012 nonblacknose SCS to accommodate for the
reported landings in 2010 and
underharvest in 2011. The proposed
2012 adjusted base annual quota for
non-blacknose SCS is 310.6 mt dw
(684,687 lb dw) (221.6 mt dw annual
base quota ¥21.8 mt dw 2010
additional reported landings + 110.8 mt
dw 2011 underharvest = 310.8 mt dw
2012 adjusted annual quota).
Porbeagle sharks have been declared
to be overfished with overfishing
occurring. Pursuant to § 635.27(b)(1)(i),
any overharvests of porbeagle sharks
would be applied to the 2012 quotas. In
the final rule establishing the 2011
quotas, NMFS accounted for an
overharvest of porbeagle sharks of 0.1
mt dw (269 lb dw) using data that was
reported as of October 31, 2010.
Between that date and December 31,
2010, porbeagle sharks were
overharvested by an additional 0.1 mt
dw (212 lb dw). As of August 31, 2011,
an additional 0.8 mt dw (1,871 lb dw)
was overharvested above the porbeagle
shark quota. The proposed 2012
adjusted annual commercial porbeagle
quota is 0.8 mt dw (1,665 lb dw) (1.7 mt
dw annual base quota ¥0.1 mt dw 2010
overharvest ¥0.8 mt dw 201
overharvest = 0.8 mt dw 2012 adjusted
annual quota).
Blacknose sharks and other pelagic
species are considered overfished, to
have overfishing occurring, or to have
an unknown status. As of August 31,
2011, the 2011 commercial quota had
not been reached or exceeded.
Therefore, the 2012 proposed quotas
would be the base annual quotas for
blacknose sharks, blue sharks, and
pelagic sharks (other than blue and
porbeagle sharks) (19.9 mt dw (43,872 lb
dw), 273 mt dw (601,856 lb dw), and
488 mt dw (1,075,856 lb dw),
respectively.
Proposed Fishing Season Notification
for the 2012 Atlantic Commercial Shark
Fishing Season
For each fishery, NMFS considered
the seven ‘‘Opening Fishing Season’’
criteria listed in § 635.27(b)(1)(ii). These
include: ‘‘(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
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Sfmt 4702
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.’’ In addition, NMFS also
considered other relevant factors, such
as general input from the public and
management measures before arriving at
a proposed opening date for this
rulemaking. For more information on
these criteria and how they are
considered, please review the
Environmental Assessment (EA)
associated with the 2011 quota
specifications rule (75 FR 76302;
December 8, 2010).
NMFS proposes that the 2012 Atlantic
commercial shark fishing season for the
shark research, non-blacknose SCS,
blacknose sharks, blue 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 or about January 1, 2012.
NMFS also proposes opening the
porbeagle fishery on January 1.
However, the 2011 porbeagle fishery
landings exceeded the 2011 quota by 54
percent and late reported landings in
December 2010 that must be accounted
for in 2012. Due to the combined
overharvest in 2010 and 2011 for the
porbeagle fishery, the porbeagle quota is
expected to be 0.8 mt dw (1,665 lb dw).
Although the porbeagle fishery closed
on August 29, 2011 (76 FR 53343),
additional landings could be reported
late and fishermen might mistakenly
land porbeagle sharks. If overharvest
continues to occur and the level reaches
60 percent or more of the 2012 base
quota (1.3 mt dw; 2,988 lb dw), then
NMFS would not open the fishery in
2012. This decision is based on the
availability of the annual quota based on
overharvests in the previous fishing
seasons (§ 635.27(b)(1)(ii)(A)).
NMFS proposes to open the Gulf of
Mexico non-sandbar LCS fishery on
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March 1, 2012. Opening the fishing
season again on March 1 would provide,
to the extent practicable, equitable
opportunities across the fisheries
management region as it did for the
2011 fishing season. This is consistent
with all the criteria listed in
§ 635.27(b)(1)(ii), but particularly the
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 (§ 635.27(b)(1)(ii)(E)).
In the Atlantic region, NMFS delayed
the opening of the non-sandbar LCS
fishery until July 15 in 2010 and 2011
in order to allow for more equitably
distributed shark fishing opportunities
as intended by Amendment 2. However,
based on public comments received
during the rulemaking process for the
2011 season, including from south
Atlantic fishermen, NMFS proposes to
open the Atlantic non-sandbar LCS
fishery on the effective date of the final
rule implementing the Atlantic HMS
electronic dealer reporting system (76
FR 37750) or July 15, 2011, whichever
occurs first. This opening date is also
consistent with all the criteria listed in
§ 635.27(b)(1)(ii), particularly the
variations in seasonal distribution,
abundance, or migratory patterns of the
different species based on scientific and
fishery information
(§ 635.27(b)(1)(ii)(D)). The proposed
opening date could allow fishermen to
harvest some of the 2012 quota at the
beginning of the year when sharks are
more prevalent in the South Atlantic
area if the electronic dealer reporting
system is operating earlier than July 15.
If the season opens before July 15 and
the quota is taken too quickly to allow
fishermen in the North Atlantic area an
opportunity to fish throughout the
entire region, then NMFS could reduce
the commercial retention limits per
§ 635.24(a)(8) while being consistent
with the opening dates criteria. If that
occurs, NMFS would file for publication
with the Office of the Federal Register
a notice of any inseason adjustments to
reduce retention limits to between 0–33
sharks per trip. NMFS could increase
the commercial retention limits back to
33 sharks per trip at a later date to
provide fishermen in the North Atlantic
area an opportunity to retain nonsandbar LCS. Based on the fishing rates
in the 2009 fishing season, if NMFS
opens the fishery earlier than July 15
and does not adjust the commercial
retention limits throughout the season,
then fishermen in the South Atlantic
area would likely catch the entire
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Atlantic quota before the sharks could
migrate to the North Atlantic area.
All of the shark fisheries would
remain open until December 31, 2012,
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. NMFS
solicits comments on this proposed rule
by November 30, 2011 (see DATES and
ADDRESSES).
Public Hearings
Public hearings on this proposed rule
are not currently scheduled. If you
would like to request a public hearing,
please contact Guy DuBeck, Jennifer
Cudney or Karyl Brewster-Geisz by
phone at (301) 427–8503.
Classification
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.
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
Regulatory Flexibility Act (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. The
IRFA analysis follows.
In compliance with section 603(b)(1)
of the RFA, the purpose of this proposed
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67125
rulemaking is, consistent with the
Magnuson-Stevens Act and the 2006
Consolidated HMS FMP and its
amendments, to adjust the 2012
proposed quotas for non-sandbar LCS,
sandbar sharks, blacknose sharks, nonblacknose SCS, blue sharks, porbeagle
sharks, or pelagic sharks (other than
porbeagle or blue sharks) based on any
over- and/or underharvests from the
previous fishing year. These
adjustments are being implemented
according to the regulations
implementing the 2006 Consolidated
HMS FMP and its amendments. Thus,
NMFS would expect few, if any,
economic impacts to fishermen other
than those already analyzed in the 2006
Consolidated HMS FMP and its
amendments, based on the quota
adjustments. An additional purpose is
to use implemented management
measures to delay the opening of the
fishing season and allow inseason
adjustments in the trip limits to slow
the fishery down during the season, as
necessary. These management measures
would 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 RFA, the objectives of this
proposed rulemaking are to: (1) Adjust
the annual quotas for non-sandbar LCS
in the Gulf of Mexico due to
overestimated landings in 2010, nonsandbar LCS in the Atlantic region due
to minor overharvests in 2010,
porbeagle sharks due to overharvests in
2010 and 2011, and the non-blacknose
SCS due to underestimated landings in
2010 and underharvests in 2011; (2)
establish the opening dates for all of the
shark fisheries in the Atlantic and Gulf
of Mexico regions; and (3) consider the
need to adjust the trip limits inseason
for non-sandbar LCS.
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 fisheries are
comprised of fishermen who hold shark
directed or incidental limited access
permits (LAP) and the related
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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 216
directed commercial shark permit
holders, 264 incidental commercial
shark permit holders, and 114
commercial shark dealers as of August
2011.
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.
In compliance with section 603(c) of
the Regulatory Flexibility Act, each
initial regulatory flexibility analysis
shall also contain a description of any
significant alternatives to the proposed
rule which accomplish the stated
objectives of applicable statutes and
which minimize any significant
economic impact of the proposed rule
on small entities. 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 final
rule, consistent with the MagnusonStevens Act and the Endangered Species
Act (ESA), NMFS cannot exempt small
entities or change the reporting
requirements only for small entities
because all the entities affected are
considered small entities. NMFS does
not know of any performance or design
standards that would satisfy the
aforementioned objectives of this
rulemaking while, concurrently,
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17:02 Oct 28, 2011
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complying with the Magnuson-Stevens
Act. This rulemaking does not establish
management measures to be
implemented, but rather implements
previously adopted and analyzed
measures with adjustments, as specified
in Amendment 2 and Amendment 3 to
the 2006 Consolidated HMS FMP and
the EA with the 2011 quota
specifications rule (75 FR 76302;
December 8, 2010). Thus, in this
proposed rulemaking HMS proposes to
adjust quotas established and analyzed
in Amendment 2 and Amendment 3 to
the 2006 Consolidated HMS FMP by
subtracting the underharvest or adding
the overharvest. Similarly, the ranges of
management measures are consistent
with the requirements of the MagnusonStevens Act that were previously
analyzed in the EA with the 2011 quota
specifications rule. Thus, HMS has
limited flexibility that it could exercise
on the management measures or quotas
in this rule.
Based on the 2010 ex-vessel price
($0.67/LCS lb, $0.68/SCS lb, $1.21/
pelagic lb, and $13.48/lb for shark fins),
the 2012 Atlantic shark commercial
baseline quotas could result in revenues
of $5,973,806. The adjustments due to
overestimated landings for 2010 would
result in a $6,944 gain in revenues in
the Gulf of Mexico non-sandbar LCS
fishery. The adjustment due to the
overharvests in 2011 would result in a
$13,621 loss in revenues in the Atlantic
non-sandbar LCS fishery and a $3,924
loss in revenue in the porbeagle fishery.
The adjustment due to the
underharvests in 2011 would result in a
$265,584 gain in revenues in the nonblacknose SCS fishery. These revenues
are similar to the gross revenues
analyzed in Amendment 2 and
Amendment 3 to the 2006 Consolidated
HMS FMP. The IRFAs for those
amendments concluded that the
economic impacts on these small
entities, resulting from rules such as this
one that delay the season openings and
adjust the trip limits inseason via
proposed and final rulemaking, were
expected to be minimal. Amendment 2
and Amendment 3 to the 2006
Consolidated HMS FMP and the EA
with the 2011 quota specifications rule
assumed we would be doing annual
rulemakings and considered the IRFAs
in the economic and other analyses at
the time.
For this rule, NMFS reviewed the
criterion at § 635.27(b)(ii) to determine
when opening each fishery will provide
equitable opportunities 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,
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Fmt 4702
Sfmt 4702
catch rates, and number of fishing
participants during the year. For the
2012 fishing season, NMFS is proposing
to open the shark research, blacknose
shark, non-blacknose SCS, and pelagic
shark fisheries on the effective date of
the final rule for this action (expected to
be January 1). The direct and indirect
economic impacts would be neutral on
a short- and long-term basis, because
NMFS is proposing not to change the
opening dates of these fisheries from the
status quo.
NMFS also proposes opening the
porbeagle fishery on January 1. The
direct and indirect economic impacts
would be neutral on a short- and longterm basis, because NMFS is proposing
not to change the opening dates of these
fisheries from the status quo. However,
due to the combined overharvest in
2010 and 2011 for the porbeagle fishery,
the porbeagle quota is expected to be 0.8
mt dw (1,665 lbs dw). If landings
continue to occur and the overharvest
reaches 80 percent or more of the base
quota (1.3 mt dw; 2,988 lb dw), NMFS
would not open the fishery. This action
would cause direct and indirect
moderate, adverse economic impacts on
shark fishermen and other entities that
rely on porbeagle sharks.
NMFS proposes to delay the opening
of the non-sandbar LCS in the Gulf of
Mexico region until March 1, 2011,
which would be the same opening date
as 2010 fishing season. The delay in the
Gulf of Mexico non-sandbar LCS fishing
season could result in short-term direct,
minor, adverse economic impacts as
fishermen would have to fish in other
fisheries to make up for lost nonsandbar LCS revenues during January
and February of the 2012 fishing season.
The short-term effects for delaying the
season could cause indirect, minor,
adverse economic 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.
However, long-term direct and indirect
impacts are not anticipated as the delay
would only be two months for the 2012
fishing season. In addition, NMFS does
not anticipate that the delay would
result in changes in ex-vessel prices as
2010 median ex-vessel prices for nonsandbar LCS meat and fins in the Gulf
of Mexico region ranged from $0.36–
$0.40/lb dw and $17.67–$15.46/lb dw,
respectively, from January through
March.
NMFS proposes to delay the opening
of the non-sandbar LCS in the Atlantic
region until the effective date of the
HMS electronic reporting system
(approximately February 2012). The
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delay in the Atlantic non-sandbar LCS
fishing season would result in shortterm, direct, moderate, beneficial
economic impacts as fishermen and
dealers in the south Atlantic would not
be able to fish for non-sandbar LCS
starting in January but should still be
able to fish earlier in the 2012 fishing
season compared to the 2010 and 2011
fishing season, which did not start until
July 15. South Atlantic fishermen
commented during the public comment
period for the 2011 shark specification
rulemaking process that they felt that
opening the fishery in July was not fair
to them because by July the sharks have
migrated north and are no longer
available. With the implementation of
the HMS electronic reporting system,
NMFS should be able to monitor the
quota on a real-time basis. This ability,
along with the inseason adjustment
criteria in § 635.24(a)(8), should allow
NMFS the flexibility in furtherance of
opportunities for all fishermen in all
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regions, to the extent practicable.
Depending on how quickly the quota
was being harvested, NMFS could
reduce the retention limits to 0–33
sharks per trip to ensure that fishermen
further north have ample quota for a
fishery later in the 2012 fishing season.
The direct impacts to shark fishermen in
the Atlantic region of reducing the trip
limit would depend on the needed
reduction in the trip limit and the
timing of such a reduction. 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.
In the North Atlantic area, a split
opening for the non-sandbar LCS would
have direct, minor, beneficial economic
impacts in the short-term for fishermen
as they would have access to the nonsandbar LCS quota in 2012. Fishermen
in the North Atlantic area did not have
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67127
or had limited access to the non-sandbar
LCS quota in 2009. There would be
indirect, minor, beneficial economic
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, allowing
the split season in 2012 would cause
neutral cumulative economic 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.
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.
1801 et seq.
Dated: October 26, 2011.
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
[FR Doc. 2011–28083 Filed 10–28–11; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 76, Number 210 (Monday, October 31, 2011)]
[Proposed Rules]
[Pages 67121-67127]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28083]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 110913585-1625-01]
RIN 0648-BB36
Atlantic Highly Migratory Species; 2012 Atlantic Shark Commercial
Fishing Season
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 2012 fishing season for the Atlantic commercial shark
fisheries. Quotas would be adjusted based on any over- and/or
underharvests experienced during the 2010 and 2011 Atlantic commercial
shark fishing seasons. In addition, NMFS proposes season openings based
on previously implemented adaptive management measures to provide, to
the extent practicable, fishing opportunities for commercial shark
fishermen in all regions and areas. The proposed measures could affect
fishing opportunities for commercial shark
[[Page 67122]]
fishermen in the northwestern Atlantic, including the Gulf of Mexico
and Caribbean.
DATES: Written comments will be accepted until November 30, 2011.
ADDRESSES: You may submit comments on this document, identified by
0648-BB36, by any of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal at https://www.regulations.gov. To submit comments via the e-Rulemaking Portal,
first click the ``submit a comment'' icon, then enter 0648-BB36 in the
keyword search. Locate the document you wish to comment on from the
resulting list and click on the ``Submit a Comment'' icon on the right
of that line.
Mail: Submit written comments to 1315 East-West Highway,
Silver Spring, MD 20910. Please mark the outside of the envelope
``Comments on the Proposed Rule to Establish Quotas and Opening Dates
for the 2012 Atlantic Shark Commercial Fishing Season.''
Fax: (301) 427-8503, Attn: Karyl Brewster-Geisz, Guy
DuBeck, or Jennifer Cudney.
Instructions: Comments must be submitted by one of the
above methods to ensure that the comments are received, documented, and
considered by NMFS. Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered. All comments received are a part of the public
record and will generally be posted for public viewing on https://www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.) submitted voluntarily by the
sender will 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). Attachments to electronic comments will be
accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file
formats only.
SUPPLEMENTARY INFORMATION:
Background
The Atlantic commercial shark fisheries are managed under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act). The 2006 Consolidated HMS Fishery
Management Plan (FMP) and its amendments under the Magnuson-Stevens Act
are implemented by regulations at 50 CFR part 635. For the Atlantic
commercial shark fisheries, the 2006 Consolidated HMS FMP and its
amendments established, among other things, commercial quotas for
species and species complexes, accounting measures for under- and
overharvests for the shark fisheries, and adaptive management measures
such as flexible opening dates for the fishing season and inseason
adjustments to shark trip limits, which provide flexibility in
management in the furtherance of equitable fishing opportunities, to
the extent practicable, for commercial shark fishermen in all regions
and areas.
Accounting for Under- and Overharvests
Consistent with Sec. 635.27(b)(1)(i)(A), if the available non-
sandbar Large Coastal Shark (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 5 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 5 years. If the blue shark
quota is exceeded, NMFS will deduct an amount equivalent to the
overharvest(s) from the following fishing season quota 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 5 years.
Consistent with Sec. 635.27(b)(1)(i)(B), if an annual quota for
sandbar sharks, blacknose sharks, non-blacknose Small Coastal Sharks
(SCS), blue sharks, porbeagle sharks, or pelagic sharks (other than
porbeagle or blue sharks) is not exceeded, NMFS may adjust the annual
quota, depending on the status of the stock or quota group. If the
annual quota for non-sandbar LCS is not exceeded in either region or in
the research fishery, NMFS may adjust the annual quota for that region
or the research fishery for the following year, 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.
Recently, NMFS published new stock determinations for blacknose and
sandbar sharks (76 FR 62331; October 7, 2011). The blacknose shark
stock was split into regions with the Atlantic stock being determined
as overfished with overfishing occurring, while the Gulf of Mexico
stock status was determined to be unknown. Sandbar sharks have been
determined to be overfished with no 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. NMFS recently determined that scalloped hammerhead sharks were
overfished with overfishing occurring (76 FR 23794; April 28, 2011).
Scalloped hammerhead sharks are included in the non-sandbar LCS complex
for the Atlantic and Gulf of Mexico regions. As a result, based on
their stock status, no underharvests from the 2011 Atlantic commercial
shark fishing season would be applied to the 2012 annual quotas or
adjusted base quotas of these species or complexes.
Thus, the 2012 proposed quotas would be equal to the appropriate
annual quota minus any overharvests that occurred in the 2010 and 2011
fishing seasons. For blacknose sharks, porbeagle sharks, blue sharks,
and pelagic sharks (other than porbeagle or blue sharks), NMFS would
use the base annual quota established at Sec. 635.27(b)(1)(iv)(A). For
sandbar sharks and non-sandbar LCS, NMFS would use the adjusted base
annual quota established at Sec. 635.27(b)(1)(iii).
The non-blacknose SCS complex has been determined to not be
overfished and has no overfishing occurring; therefore, any
underharvest up to 50 percent of the base quota from the 2011 Atlantic
commercial shark fishing season could be applied to the 2012 annual
quotas.
2012 Proposed Quotas
This rule proposes adjustments to the base commercial quotas due to
over and underharvests that occurred in 2010 and
[[Page 67123]]
2011, where allowable, taking into consideration the stock status as
required under existing regulations. The proposed 2012 quotas by
species and species group are summarized in Table 1.
The quotas in this proposed rule are based on dealer reports
received as of August 31, 2011. In the final rule, NMFS will adjust the
quotas based on dealer reports received as of October 31, 2011. Thus,
all of the 2012 proposed quotas for the respective shark complexes/
species are subject to further adjustment for any overharvests
reflected after considering the October 31 dealer reports. All dealer
reports that are received by NMFS after October 31, 2011, will be used
to adjust the 2013 quotas, as appropriate.
Table 1--2012 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. Table Includes Landings Data Through August 31, 2011, and Quotas Are Subject to Change Based on Landings Through October 31,
2011
--------------------------------------------------------------------------------------------------------------------------------------------------------
2012 Base
Species group Region 2011 Annual Preliminary 2011 Overharvest/ annual quota 2012 Proposed Season opening
quota landings \1\ underharvest \2\ quota dates
................ (A)............. (B)............. (C)............. (D)............ (D + C)........
--------------------------------------------------------------------------------------------------------------------------------------------------------
Non-Sandbar Large Coastal Gulf of Mexico.. 351.9 (775,740 327.0 (720,868 \3\ 2.3 (5,167 390.5 (860,896 392.8 (866,063 March 1, 2011.
Sharks. lb dw). lb dw). lb dw). lb dw). lb dw).
Atlantic........ 190.4 (419,756 79.9 (176,052 lb \4\-4.6 (-10,135 187.8 (414,024 183.2 (403,889 Effective Date
lb dw). dw). lb dw). lb dw). lb dw). for HMS
Electronic
Reporting
System or July
15, 2011.\7\
Non-Sandbar LCS Research No regional 37.5 (82,673 lb 37.0 (81,627 lb ................ 37.5 (82,673 lb 37.5 (82,673 lb On or about
Quota. quotas. dw). dw). dw). dw). January 1,
2011.
Sandbar Research Quota....... ................ 87.9 (193,784 lb 53.0 (116,706 lb ................ 87.9 (193,784 87.9 (193,784
dw). dw). lb dw). lb dw).
Non-Blacknose Small Coastal ................ 314.4 (693,257 132.9 (292,926 \5\ 89.0 221.6 (488,539 310.6 (684,687
Sharks. lb dw). lb dw). (196,148 lb dw). lb dw). lb dw).
Blacknose Sharks............. ................ 19.9 (43,872 lb 13.1 (28,856 lb ................ 19.9 (43,872 lb 19.9 (43,872 lb
dw). dw). dw). dw).
Blue Sharks.................. ................ 273 (601,856 lb 7.2 (15,968 lb ................ 273 (601,856 lb 273 (601,856 lb
dw). dw). dw). dw).
Porbeagle Sharks............. ................ 1.6 (3,479 lb 2.4 (5,350 lb \6\ 0.9 (-2,083 1.7 (3,748 lb 0.8 (1,665 lb On or about
dw). dw). lb dw). dw). dw). January 1,
2011.\8\
Pelagic Sharks Other Than ................ 488 (1,075,856 85.7 (188,896 lb ................ 488 (1,075,856 488 (1,075,856
Porbeagle or Blue. lb dw). dw). lb dw). lb dw).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Landings are from January 1, 2011, until August 31, 2011, 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 proposes to adjust the 2012 quota for the Gulf of Mexico non-sandbar LCS to account for the 2.3 mt dw that was over estimated in the landings
report in 2011 after the final rule establishing the 2011 quota published.
\4\ NMFS proposes to adjust the 2012 quota for Atlantic non-sandbar LCS to account for the 4.6 mt dw overharvest reflected in the landings report in
2011 after the final rule establishing the 2011 quota published.
\5\ NMFS proposes to adjust the 2012 quota for non-blacknose SCS to account for the 21.8 mt dw that was over estimated in the landings report in 2011
after the final rule establishing the 2011 quota published and the underharvest of 110.8 mt dw in 2011.
\6\ NMFS proposes to adjust the 2012 quota for porbeagle sharks to account for the < 0.1 mt dw overharvest that occurred in 2010 after the 0.1 mt dw
overharvest was accounted for in the final rule establishing the 2011 quota and additional overharvest of 0.8 mt dw in 2011.
\7\ NMFS proposes to open the Atlantic non-sandbar LCS quota once the HMS electronic reporting system is implemented or July 15, 2011, whichever occurs
first. NMFS would closely monitor the quota to ensure equitable fishing opportunities. If the fishery opens sooner than July 15 and the quota is being
taken too fast to ensure equitable fishing opportunities across the region, NMFS would reduce the Atlantic non-sandbar LCS retention limits to slow
down the fishing rates.
\8\ NMFS proposes to open the porbeagle fishery on January 1, 2012. If landings continue to occur in 2011 and the overharvest reaches 80 percent or more
of the base quota (1.3 mt dw; 2,988 lb dw), NMFS would not open the fishery in 2012.
1. Proposed 2012 Quotas for Non-Sandbar LCS and Sandbar Sharks Within
the Shark Research Fishery
The 2012 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.
Within the shark research fishery, as of August 31, 2011,
preliminary reported landings of non-sandbar LCS were at 99 percent
(37.0 mt dw), and sandbar shark reported landings were at 60 percent
(53.0 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), 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 2012 quotas. Therefore,
NMFS proposes 2012 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 2012 Quotas for the Non-Sandbar LCS in the Gulf of Mexico
Region
The 2012 proposed quota for non-sandbar LCS in the Gulf of Mexico
region is 392.8 mt dw (866,063 lb dw). As of August 31, 2011,
preliminary reported landings were at 93 percent (327.0 mt dw) for non-
sandbar LCS in the Gulf of Mexico region. In the final rule
establishing the 2011 quotas (75 FR 76302, December 8, 2010), NMFS
accounted for an overharvest of non-sandbar LCS of 38.6 mt dw (85,156
lb dw) using data that was reported as of October 31, 2010. Between
that date and December 31, 2010, the reported landings dropped by 2.3
mt dw due to normal quality control procedures that occur when updated
data are supplied. Thus, in order to reflect the best
[[Page 67124]]
available data and in accordance with Sec. 635.27(b)(1)(i), the amount
that was deducted from the 2011 annual quota, based on preliminary
numbers that were later corrected, would be added to the proposed 2012
non-sandbar LCS quota in the Atlantic region. Thus, the 2012 proposed
commercial non-sandbar LCS quota is 392.8 mt dw (866,063 lb dw) (390.5
mt dw annual base quota + 2.3 mt dw 2010 over estimated landings =
392.8 mt dw 2012 adjusted annual quota).
3. Proposed 2012 Quotas for the Non-Sandbar LCS in the Atlantic Region
The 2012 proposed quota for non-sandbar LCS in the Atlantic region
is 183.2 mt dw (403,889 lb dw). As of August 31, 2011, preliminary
reported landings were at 42 percent (79.9 mt dw) for non-sandbar LCS
in the Atlantic region as the commercial season opened on July 15,
2011. In the final rule establishing the 2011 quotas, reported landings
as of October 31, 2010, did not exceed the 2011 quota. Between that
date and December 31, 2010, the Atlantic non-sandbar LCS quota was
overharvested by 4.6 mt dw. As such, the 2012 proposed commercial non-
sandbar LCS quota is 183.2 mt dw (403,889 lb dw) (187.8 mt dw annual
base quota -4.6 mt dw 2010 over estimated landings = 183.2 mt dw 2012
adjusted annual quota).
4. Proposed 2012 Quotas for SCS and Pelagic Sharks
The 2012 proposed annual commercial quotas for non-blacknose SCS,
blacknose sharks, blue sharks, porbeagle sharks, and pelagic sharks
(other than porbeagle or blue sharks) are 310.6 mt dw (684,687 lb dw),
19.9 mt dw (43,872 lb dw), 273 mt dw (601,856 lb dw), 0.8 mt dw (1,900
lb dw), and 488 mt dw (1,075,856 lb dw), respectively.
As of August 31, 2011, preliminary reported landings of non-
blacknose SCS, blacknose sharks, blue sharks, porbeagle sharks, and
pelagic sharks (other than porbeagle and blue sharks) were at 42
percent (132.9 mt dw), 66 percent (13.1 mt dw), 2 percent (7.2 mt dw),
154 percent (2.4 mt dw), and 18 percent (85.7 mt dw), respectively. As
described above, while NMFS may adjust quotas for underharvests only
when allowable depending on the 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. Pursuant to Sec.
635.27(b)(1)(i), any underharvests for the non-blacknose SCS would be
applied to the 2011 quotas. In the final rule establishing the 2011
quotas, NMFS accounted for an underharvest of 92.9 mt dw (204,718 lb
dw) using data that was reported as of October 31, 2010. Between that
date and December 31, 2010, an additional 21.8 mt dw was reported
landed. As such, NMFS proposes to reduce the 2012 non-blacknose SCS to
accommodate for the reported landings in 2010 and underharvest in 2011.
The proposed 2012 adjusted base annual quota for non-blacknose SCS is
310.6 mt dw (684,687 lb dw) (221.6 mt dw annual base quota -21.8 mt dw
2010 additional reported landings + 110.8 mt dw 2011 underharvest =
310.8 mt dw 2012 adjusted annual quota).
Porbeagle sharks have been declared to be overfished with
overfishing occurring. Pursuant to Sec. 635.27(b)(1)(i), any
overharvests of porbeagle sharks would be applied to the 2012 quotas.
In the final rule establishing the 2011 quotas, NMFS accounted for an
overharvest of porbeagle sharks of 0.1 mt dw (269 lb dw) using data
that was reported as of October 31, 2010. Between that date and
December 31, 2010, porbeagle sharks were overharvested by an additional
0.1 mt dw (212 lb dw). As of August 31, 2011, an additional 0.8 mt dw
(1,871 lb dw) was overharvested above the porbeagle shark quota. The
proposed 2012 adjusted annual commercial porbeagle quota is 0.8 mt dw
(1,665 lb dw) (1.7 mt dw annual base quota -0.1 mt dw 2010 overharvest
-0.8 mt dw 201 overharvest = 0.8 mt dw 2012 adjusted annual quota).
Blacknose sharks and other pelagic species are considered
overfished, to have overfishing occurring, or to have an unknown
status. As of August 31, 2011, the 2011 commercial quota had not been
reached or exceeded. Therefore, the 2012 proposed quotas would be the
base annual quotas for blacknose sharks, blue sharks, and pelagic
sharks (other than blue and porbeagle sharks) (19.9 mt dw (43,872 lb
dw), 273 mt dw (601,856 lb dw), and 488 mt dw (1,075,856 lb dw),
respectively.
Proposed Fishing Season Notification for the 2012 Atlantic Commercial
Shark Fishing Season
For each fishery, NMFS considered the seven ``Opening Fishing
Season'' criteria listed in Sec. 635.27(b)(1)(ii). These include:
``(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.'' In addition, NMFS also considered other relevant
factors, such as general input from the public and management measures
before arriving at a proposed opening date for this rulemaking. For
more information on these criteria and how they are considered, please
review the Environmental Assessment (EA) associated with the 2011 quota
specifications rule (75 FR 76302; December 8, 2010).
NMFS proposes that the 2012 Atlantic commercial shark fishing
season for the shark research, non-blacknose SCS, blacknose sharks,
blue 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 or about January 1, 2012.
NMFS also proposes opening the porbeagle fishery on January 1.
However, the 2011 porbeagle fishery landings exceeded the 2011 quota by
54 percent and late reported landings in December 2010 that must be
accounted for in 2012. Due to the combined overharvest in 2010 and 2011
for the porbeagle fishery, the porbeagle quota is expected to be 0.8 mt
dw (1,665 lb dw). Although the porbeagle fishery closed on August 29,
2011 (76 FR 53343), additional landings could be reported late and
fishermen might mistakenly land porbeagle sharks. If overharvest
continues to occur and the level reaches 60 percent or more of the 2012
base quota (1.3 mt dw; 2,988 lb dw), then NMFS would not open the
fishery in 2012. This decision is based on the availability of the
annual quota based on overharvests in the previous fishing seasons
(Sec. 635.27(b)(1)(ii)(A)).
NMFS proposes to open the Gulf of Mexico non-sandbar LCS fishery on
[[Page 67125]]
March 1, 2012. Opening the fishing season again on March 1 would
provide, to the extent practicable, equitable opportunities across the
fisheries management region as it did for the 2011 fishing season. This
is consistent with all the criteria listed in Sec. 635.27(b)(1)(ii),
but particularly the 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 (Sec. 635.27(b)(1)(ii)(E)). In the Atlantic region,
NMFS delayed the opening of the non-sandbar LCS fishery until July 15
in 2010 and 2011 in order to allow for more equitably distributed shark
fishing opportunities as intended by Amendment 2. However, based on
public comments received during the rulemaking process for the 2011
season, including from south Atlantic fishermen, NMFS proposes to open
the Atlantic non-sandbar LCS fishery on the effective date of the final
rule implementing the Atlantic HMS electronic dealer reporting system
(76 FR 37750) or July 15, 2011, whichever occurs first. This opening
date is also consistent with all the criteria listed in Sec.
635.27(b)(1)(ii), particularly the variations in seasonal distribution,
abundance, or migratory patterns of the different species based on
scientific and fishery information (Sec. 635.27(b)(1)(ii)(D)). The
proposed opening date could allow fishermen to harvest some of the 2012
quota at the beginning of the year when sharks are more prevalent in
the South Atlantic area if the electronic dealer reporting system is
operating earlier than July 15. If the season opens before July 15 and
the quota is taken too quickly to allow fishermen in the North Atlantic
area an opportunity to fish throughout the entire region, then NMFS
could reduce the commercial retention limits per Sec. 635.24(a)(8)
while being consistent with the opening dates criteria. If that occurs,
NMFS would file for publication with the Office of the Federal Register
a notice of any inseason adjustments to reduce retention limits to
between 0-33 sharks per trip. NMFS could increase the commercial
retention limits back to 33 sharks per trip at a later date to provide
fishermen in the North Atlantic area an opportunity to retain non-
sandbar LCS. Based on the fishing rates in the 2009 fishing season, if
NMFS opens the fishery earlier than July 15 and does not adjust the
commercial retention limits throughout the season, then fishermen in
the South Atlantic area would likely catch the entire Atlantic quota
before the sharks could migrate to the North Atlantic area.
All of the shark fisheries would remain open until December 31,
2012, 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. NMFS solicits comments on this
proposed rule by November 30, 2011 (see DATES and ADDRESSES).
Public Hearings
Public hearings on this proposed rule are not currently scheduled.
If you would like to request a public hearing, please contact Guy
DuBeck, Jennifer Cudney or Karyl Brewster-Geisz by phone at (301) 427-
8503.
Classification
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.
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 Regulatory Flexibility Act (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. The IRFA analysis follows.
In compliance with section 603(b)(1) of the RFA, 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
2012 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 any over- and/or
underharvests from the previous fishing year. These adjustments are
being implemented according to the regulations implementing the 2006
Consolidated HMS FMP and its amendments. Thus, NMFS would expect few,
if any, economic impacts to fishermen other than those already analyzed
in the 2006 Consolidated HMS FMP and its amendments, based on the quota
adjustments. An additional purpose is to use implemented management
measures to delay the opening of the fishing season and allow inseason
adjustments in the trip limits to slow the fishery down during the
season, as necessary. These management measures would 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 RFA, the objectives of
this proposed rulemaking are to: (1) Adjust the annual quotas for non-
sandbar LCS in the Gulf of Mexico due to overestimated landings in
2010, non-sandbar LCS in the Atlantic region due to minor overharvests
in 2010, porbeagle sharks due to overharvests in 2010 and 2011, and the
non-blacknose SCS due to underestimated landings in 2010 and
underharvests in 2011; (2) establish the opening dates for all of the
shark fisheries in the Atlantic and Gulf of Mexico regions; and (3)
consider the need to adjust the trip limits inseason for non-sandbar
LCS.
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 fisheries are comprised of fishermen who hold
shark directed or incidental limited access permits (LAP) and the
related
[[Page 67126]]
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 216 directed commercial shark permit holders, 264
incidental commercial shark permit holders, and 114 commercial shark
dealers as of August 2011.
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.
In compliance with section 603(c) of the Regulatory Flexibility
Act, each initial regulatory flexibility analysis shall also contain a
description of any significant alternatives to the proposed rule which
accomplish the stated objectives of applicable statutes and which
minimize any significant economic impact of the proposed rule on small
entities. 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 final rule, consistent with the Magnuson-
Stevens Act and the Endangered Species Act (ESA), NMFS cannot exempt
small entities or change the reporting requirements only for small
entities because all the entities affected are considered small
entities. 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. This
rulemaking does not establish management measures to be implemented,
but rather implements previously adopted and analyzed measures with
adjustments, as specified in Amendment 2 and Amendment 3 to the 2006
Consolidated HMS FMP and the EA with the 2011 quota specifications rule
(75 FR 76302; December 8, 2010). Thus, in this proposed rulemaking HMS
proposes to adjust quotas established and analyzed in Amendment 2 and
Amendment 3 to the 2006 Consolidated HMS FMP by subtracting the
underharvest or adding the overharvest. Similarly, the ranges of
management measures are consistent with the requirements of the
Magnuson-Stevens Act that were previously analyzed in the EA with the
2011 quota specifications rule. Thus, HMS has limited flexibility that
it could exercise on the management measures or quotas in this rule.
Based on the 2010 ex-vessel price ($0.67/LCS lb, $0.68/SCS lb,
$1.21/pelagic lb, and $13.48/lb for shark fins), the 2012 Atlantic
shark commercial baseline quotas could result in revenues of
$5,973,806. The adjustments due to overestimated landings for 2010
would result in a $6,944 gain in revenues in the Gulf of Mexico non-
sandbar LCS fishery. The adjustment due to the overharvests in 2011
would result in a $13,621 loss in revenues in the Atlantic non-sandbar
LCS fishery and a $3,924 loss in revenue in the porbeagle fishery. The
adjustment due to the underharvests in 2011 would result in a $265,584
gain in revenues in the non-blacknose SCS fishery. These revenues are
similar to the gross revenues analyzed in Amendment 2 and Amendment 3
to the 2006 Consolidated HMS FMP. The IRFAs for those amendments
concluded that the economic impacts on these small entities, resulting
from rules such as this one that delay the season openings and adjust
the trip limits inseason via proposed and final rulemaking, were
expected to be minimal. Amendment 2 and Amendment 3 to the 2006
Consolidated HMS FMP and the EA with the 2011 quota specifications rule
assumed we would be doing annual rulemakings and considered the IRFAs
in the economic and other analyses at the time.
For this rule, NMFS reviewed the criterion at Sec. 635.27(b)(ii)
to determine when opening each fishery will provide equitable
opportunities 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 2012 fishing season, NMFS is
proposing to open the shark research, blacknose shark, non-blacknose
SCS, and pelagic shark fisheries on the effective date of the final
rule for this action (expected to be January 1). The direct and
indirect economic impacts would be neutral on a short- and long-term
basis, because NMFS is proposing not to change the opening dates of
these fisheries from the status quo.
NMFS also proposes opening the porbeagle fishery on January 1. The
direct and indirect economic impacts would be neutral on a short- and
long-term basis, because NMFS is proposing not to change the opening
dates of these fisheries from the status quo. However, due to the
combined overharvest in 2010 and 2011 for the porbeagle fishery, the
porbeagle quota is expected to be 0.8 mt dw (1,665 lbs dw). If landings
continue to occur and the overharvest reaches 80 percent or more of the
base quota (1.3 mt dw; 2,988 lb dw), NMFS would not open the fishery.
This action would cause direct and indirect moderate, adverse economic
impacts on shark fishermen and other entities that rely on porbeagle
sharks.
NMFS proposes to delay the opening of the non-sandbar LCS in the
Gulf of Mexico region until March 1, 2011, which would be the same
opening date as 2010 fishing season. The delay in the Gulf of Mexico
non-sandbar LCS fishing season could result in short-term direct,
minor, adverse economic impacts as fishermen would have to fish in
other fisheries to make up for lost non-sandbar LCS revenues during
January and February of the 2012 fishing season. The short-term effects
for delaying the season could cause indirect, minor, adverse economic
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.
However, long-term direct and indirect impacts are not anticipated as
the delay would only be two months for the 2012 fishing season. In
addition, NMFS does not anticipate that the delay would result in
changes in ex-vessel prices as 2010 median ex-vessel prices for non-
sandbar LCS meat and fins in the Gulf of Mexico region ranged from
$0.36-$0.40/lb dw and $17.67-$15.46/lb dw, respectively, from January
through March.
NMFS proposes to delay the opening of the non-sandbar LCS in the
Atlantic region until the effective date of the HMS electronic
reporting system (approximately February 2012). The
[[Page 67127]]
delay in the Atlantic non-sandbar LCS fishing season would result in
short-term, direct, moderate, beneficial economic impacts as fishermen
and dealers in the south Atlantic would not be able to fish for non-
sandbar LCS starting in January but should still be able to fish
earlier in the 2012 fishing season compared to the 2010 and 2011
fishing season, which did not start until July 15. South Atlantic
fishermen commented during the public comment period for the 2011 shark
specification rulemaking process that they felt that opening the
fishery in July was not fair to them because by July the sharks have
migrated north and are no longer available. With the implementation of
the HMS electronic reporting system, NMFS should be able to monitor the
quota on a real-time basis. This ability, along with the inseason
adjustment criteria in Sec. 635.24(a)(8), should allow NMFS the
flexibility in furtherance of opportunities for all fishermen in all
regions, to the extent practicable. Depending on how quickly the quota
was being harvested, NMFS could reduce the retention limits to 0-33
sharks per trip to ensure that fishermen further north have ample quota
for a fishery later in the 2012 fishing season. The direct impacts to
shark fishermen in the Atlantic region of reducing the trip limit would
depend on the needed reduction in the trip limit and the timing of such
a reduction. 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.
In the North Atlantic area, a split opening for the non-sandbar LCS
would have direct, minor, beneficial economic impacts in the short-term
for fishermen as they would have access to the non-sandbar LCS quota in
2012. Fishermen in the North Atlantic area did not have or had limited
access to the non-sandbar LCS quota in 2009. There would be indirect,
minor, beneficial economic 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, allowing the split season in 2012 would cause neutral cumulative
economic 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.
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
Dated: October 26, 2011.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
[FR Doc. 2011-28083 Filed 10-28-11; 8:45 am]
BILLING CODE 3510-22-P
