Atlantic Highly Migratory Species; Inseason Action To Close the Commercial Non-Sandbar Large Coastal Shark Fishery in the Atlantic Region, 69139-69140 [2011-28921]
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Federal Register / Vol. 76, No. 216 / Tuesday, November 8, 2011 / Rules and Regulations
tkelley on DSK3SPTVN1PROD with RULES
the 50-mt quota transfer, would allow
the General category to remain open
through the end of the fishing year
while not risking overharvest of the U.S.
BFT quota, including accounting for
dead discards as required by ICCAT.
Regardless of the duration of a fishing
trip, the daily retention limit applies
upon landing. For example, whether a
vessel fishing under the General
category limit takes a two-day trip or
makes two trips in one day, the daily
limit of two fish may not be exceeded
upon landing. This General category
retention limit is effective in all areas,
except for the Gulf of Mexico, and
applies to vessels permitted in the
General category as well as to those
HMS Charter/Headboat permitted
vessels fishing commercially for BFT.
This adjustment is intended to
provide a reasonable opportunity to
harvest the U.S. landings quota of BFT
without exceeding it, while maintaining
an equitable distribution of fishing
opportunities; to help achieve optimum
yield in the General category BFT
fishery; to collect a broad range of data
for stock monitoring purposes; and to be
consistent with the objectives of the
Consolidated HMS FMP.
Monitoring and Reporting
NMFS selected the daily retention
limit for the remainder of the 2011
fishing year after examining an array of
data as it pertains to the determination
criteria. These data included, but were
not limited to, current and previous
catch and effort rates in the BFT
fisheries, quota availability, previous
public comments on inseason
management measures, and stock status.
NMFS will continue to monitor the BFT
fishery closely through the mandatory
dealer landing reports, which NMFS
requires to be submitted within 24
hours of a dealer receiving BFT.
Depending on the level of fishing effort
and catch rates of BFT, NMFS may
determine that additional action is
necessary to ensure available quota is
not exceeded or to enhance scientific
data collection from, and fishing
opportunities in, all geographic areas.
NMFS will address the January 2012
General category daily retention limit
via a separate inseason action later in
the year, if necessary.
Closure of the General category or
subsequent adjustments to the daily
retention limits, if any, will be
published in the Federal Register. In
addition, fishermen may call the
Atlantic Tunas Information Line at (888)
872–8862 or (978) 281–9260, or access
https://www.hmspermits.gov, for updates
on quota monitoring and retention limit
adjustments.
VerDate Mar<15>2010
15:12 Nov 07, 2011
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69139
Classification
DEPARTMENT OF COMMERCE
The Assistant Administrator for
NMFS (AA) finds that it is impracticable
and contrary to the public interest to
provide prior notice of, and an
opportunity for public comment on, this
action for the following reasons:
The regulations implementing the
Consolidated HMS FMP provide for
inseason retention limit adjustments to
respond to the unpredictable nature of
BFT availability on the fishing grounds,
the migratory nature of this species, and
the regional variations in the BFT
fishery. Based on available BFT quotas,
fishery performance in recent years, and
the availability of BFT on the fishing
grounds, a quota transfer is warranted to
provide additional opportunities to
harvest the U.S. BFT quota, including
preserving the opportunity for General
category fishermen to participate in the
winter BFT fishery in the mid-Atlantic
region that typically begins in
December. A reduction in the General
category daily retention limit is
necessary to extend fishing
opportunities throughout the fishing
year while reducing the risk of
combined landings and dead discards
exceeding the available U.S. quota,
consistent with ICCAT
recommendations.
Affording prior notice and
opportunity for public comment to
implement these retention limits is
impracticable as it would preclude
NMFS from acting promptly to allow
continued harvest of BFT that are
available on the fishing grounds via a
quota transfer from the Reserve category
to the General category. Therefore, the
AA finds good cause under 5 U.S.C.
553(b)(B) to waive prior notice and the
opportunity for public comment. For all
of the above reasons, and because this
action relieves a restriction (i.e., the
General category retention limit will
remain open due to the quota transfer
from the Reserve category rather than
closing at this time), there is also good
cause under 5 U.S.C. 553(d) to waive the
30-day delay in effectiveness.
This action is being taken under 50
CFR 635.23(a)(4) and 635.27(a)(7), and
is exempt from review under Executive
Order 12866.
National Oceanic and Atmospheric
Administration
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: November 3, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2011–28906 Filed 11–3–11; 4:15 pm]
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50 CFR Part 635
[Docket No. 0906221072–91425–02]
RIN 0648–XA781
Atlantic Highly Migratory Species;
Inseason Action To Close the
Commercial Non-Sandbar Large
Coastal Shark Fishery in the Atlantic
Region
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Fishery closures.
AGENCY:
NMFS is closing the
commercial fishery for non-sandbar
large coastal sharks (LCS) in the Atlantic
region. This action is necessary under
existing regulations because landings in
this fishery have exceeded 80 percent of
the available quota.
DATES: The commercial non-sandbar
LCS fishery in the Atlantic region is
closed effective 11:30 p.m. local time
November 15, 2011, until the effective
date of the final 2012 shark season
specifications, which NMFS will
publish as a separate document in the
Federal Register.
FOR FURTHER INFORMATION CONTACT:
Karyl Brewster-Geisz or Peter Cooper,
(301) 427–8503; (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
and 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 every two
weeks all sharks landed. 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 § 635.28(b)(2),
when NMFS projects that fishing season
landings for a species group have
reached or are about to reach 80 percent
of the available quota, NMFS will file
for publication with the Office of the
Federal Register a notice of closure for
that shark species group that will be
effective no fewer than 5 days from the
SUMMARY:
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69140
Federal Register / Vol. 76, No. 216 / Tuesday, November 8, 2011 / Rules and Regulations
tkelley on DSK3SPTVN1PROD with RULES
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 December 8, 2011 (75 FR 76302),
NMFS announced that the non-sandbar
LCS fishery quota in the Atlantic region
for the 2011 fishing year would be 190.4
metric tons (mt) dressed weight (dw)
(419,756 lb dw). Dealer reports through
November 1, 2011, indicate that 140.6
mt dw or 74 percent of the available
quota for non-sandbar LCS Atlantic
fishery has been landed. Assuming
landings continue at the current rate,
NMFS projects that 83 percent of the
quota will be landed by November 15.
Dealer reports received to date indicate
that 22 percent of the quota was landed
from the opening of the fishery on July
15, 2011, through July 31, 2011; 20
percent of the quota was landed in
August; 21 percent of the quota was
landed in September; and 11 percent of
the quota was landed in October.
Because this exceeds the 80 percent
threshold specified in the regulations,
NMFS is closing the commercial nonsandbar LSC fishery in the Atlantic
region as of 11:30 p.m. local time
VerDate Mar<15>2010
15:12 Nov 07, 2011
Jkt 226001
November 15, 2011. This closure does
not affect any other shark fishery.
As such, as of November 15, 2011, all
commercial non-sandbar LCS fisheries
in all regions and fisheries will be
closed. All of the pelagic shark fisheries
will remain open.
During this closure a fishing vessel
issued an Atlantic Shark limited access
permit (LAP) pursuant to § 635.4 may
not possess or sell a non-sandbar LCS.
A shark dealer, issued a permit pursuant
to § 635.4, may not purchase or receive
non-sandbar LCS from a vessel issued
an Atlantic Shark Limited Access
Permit, except that a permitted shark
dealer or processor may possess sharks
that were harvested, off-loaded, and
sold, traded, or bartered, prior to the
effective date of the closure and were
held in storage consistent with 50 CFR
635.28(b)(4). Additionally, a shark
dealer issued a Federal permit pursuant
to § 635.4, may in accordance with state
regulations, purchase or receive a nonsandbar LCS if the shark was harvested,
off-loaded, and sold, traded, or bartered
from a vessel that fishes only in state
waters and had not been issued an
Atlantic Shark LAP, HMS Angling
permit, or HMS Charter/Headboat
permit pursuant to § 635.4.
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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
fisheries are currently underway, and
any delay in this action would cause
overharvest of the quotas and be
inconsistent with management
requirements and objectives. Similarly,
affording prior notice and opportunity
for public comment on this action is
contrary to the public interest because if
the quotas are exceeded, the affected
public is likely to experience reductions
in the available quotas and a lack of
fishing opportunities in future seasons.
Thus, 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 50 CFR 635.28(b)(2) and is
exempt from review under Executive
Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 3, 2011.
Steven Thur,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–28921 Filed 11–7–11; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 76, Number 216 (Tuesday, November 8, 2011)]
[Rules and Regulations]
[Pages 69139-69140]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28921]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 0906221072-91425-02]
RIN 0648-XA781
Atlantic Highly Migratory Species; Inseason Action To Close the
Commercial Non-Sandbar Large Coastal Shark Fishery in the Atlantic
Region
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Fishery closures.
-----------------------------------------------------------------------
SUMMARY: NMFS is closing the commercial fishery for non-sandbar large
coastal sharks (LCS) in the Atlantic region. This action is necessary
under existing regulations because landings in this fishery have
exceeded 80 percent of the available quota.
DATES: The commercial non-sandbar LCS fishery in the Atlantic region is
closed effective 11:30 p.m. local time November 15, 2011, until the
effective date of the final 2012 shark season specifications, which
NMFS will publish as a separate document in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz or Peter Cooper,
(301) 427-8503; (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 and 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 every two weeks all sharks landed. 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)(2), when NMFS projects that
fishing season landings for a species group have reached or are about
to reach 80 percent of the available quota, NMFS will file for
publication with the Office of the Federal Register a notice of closure
for that shark species group that will be effective no fewer than 5
days from the
[[Page 69140]]
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 December 8, 2011 (75 FR 76302), NMFS announced that the non-
sandbar LCS fishery quota in the Atlantic region for the 2011 fishing
year would be 190.4 metric tons (mt) dressed weight (dw) (419,756 lb
dw). Dealer reports through November 1, 2011, indicate that 140.6 mt dw
or 74 percent of the available quota for non-sandbar LCS Atlantic
fishery has been landed. Assuming landings continue at the current
rate, NMFS projects that 83 percent of the quota will be landed by
November 15. Dealer reports received to date indicate that 22 percent
of the quota was landed from the opening of the fishery on July 15,
2011, through July 31, 2011; 20 percent of the quota was landed in
August; 21 percent of the quota was landed in September; and 11 percent
of the quota was landed in October. Because this exceeds the 80 percent
threshold specified in the regulations, NMFS is closing the commercial
non-sandbar LSC fishery in the Atlantic region as of 11:30 p.m. local
time November 15, 2011. This closure does not affect any other shark
fishery.
As such, as of November 15, 2011, all commercial non-sandbar LCS
fisheries in all regions and fisheries will be closed. All of the
pelagic shark fisheries will remain open.
During this closure a fishing vessel issued an Atlantic Shark
limited access permit (LAP) pursuant to Sec. 635.4 may not possess or
sell a non-sandbar LCS. A shark dealer, issued a permit pursuant to
Sec. 635.4, may not purchase or receive non-sandbar LCS from a vessel
issued an Atlantic Shark Limited Access Permit, except that a permitted
shark dealer or processor may possess sharks that were harvested, off-
loaded, and sold, traded, or bartered, prior to the effective date of
the closure and were held in storage consistent with 50 CFR
635.28(b)(4). Additionally, a shark dealer issued a Federal permit
pursuant to Sec. 635.4, may in accordance with state regulations,
purchase or receive a non-sandbar LCS if the shark was harvested, off-
loaded, and sold, traded, or bartered from a vessel that fishes only in
state waters and had not been issued an Atlantic Shark LAP, HMS Angling
permit, or HMS Charter/Headboat permit pursuant to Sec. 635.4.
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 fisheries are currently underway, and any delay in
this action would cause overharvest of the quotas and be inconsistent
with management requirements and objectives. Similarly, affording prior
notice and opportunity for public comment on this action is contrary to
the public interest because if the quotas are exceeded, the affected
public is likely to experience reductions in the available quotas and a
lack of fishing opportunities in future seasons. Thus, 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 50 CFR 635.28(b)(2) and is exempt from review under Executive
Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 3, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-28921 Filed 11-7-11; 8:45 am]
BILLING CODE 3510-22-P
