Atlantic Highly Migratory Species; Commercial Gulf of Mexico Aggregated Large Coastal Shark and Gulf of Mexico Hammerhead Shark Management Groups, 28849-28850 [2014-11599]
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28849
Federal Register / Vol. 79, No. 97 / Tuesday, May 20, 2014 / Rules and Regulations
Species
Vertebrate
population where
endangered or
threatened
Historic range
Common name
Scientific name
Status
When listed
Critical
habitat
Special
rules
MAMMALS
*
Rhinoceros, southern
white.
*
*
Ceratotherium
simum simum.
*
Botswana, South Africa, Swaziland,
Zambia,
Zimbabwe.
*
*
Dated: April 4, 2014.
Daniel M. Ashe,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2014–11537 Filed 5–19–14; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 130402317–3966–02]
RIN 0648–XD281
Atlantic Highly Migratory Species;
Commercial Gulf of Mexico
Aggregated Large Coastal Shark and
Gulf of Mexico Hammerhead Shark
Management Groups
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is closing the
commercial aggregated large coastal
sharks (LCS) and hammerhead sharks
management groups in the Gulf of
Mexico region. This action is necessary
because the commercial landings of Gulf
of Mexico aggregated LCS for the 2014
fishing season have exceeded 80 percent
of the available commercial quota as of
May 13, 2014.
DATES: The commercial Gulf of Mexico
aggregated LCS and Gulf of Mexico
hammerhead shark management groups
are closed effective 11:30 p.m. local
time May 20, 2014, until the end of the
2014 fishing season on December 31,
2014, or until and if NMFS announces
via a notice in the Federal Register that
additional quota is available and the
season is reopened.
FOR FURTHER INFORMATION CONTACT:
Karyl Brewster-Geisz or Alexis Jackson
301–427–8503; fax 301–713–1917.
SUPPLEMENTARY INFORMATION: The
Atlantic shark fisheries are managed
rmajette on DSK2TPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
15:05 May 19, 2014
Jkt 232001
*
Entire ......................
*
*
T(S/A)
*
under the 2006 Consolidated Highly
Migratory Species (HMS) Fishery
Management Plan (FMP), its
amendments, and its implementing
regulations (50 CFR part 635) issued
under authority of the MagnusonStevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et
seq.).
Under 50 CFR 635.5(b)(1), dealers
must electronically submit reports on
sharks that are first received from a
vessel on a weekly basis through a
NMFS-approved electronic reporting
system, received by NMFS no later than
midnight, local time, of the first
Tuesday following the end of the
reporting week unless the dealer is
otherwise notified by NMFS. Under
§ 635.28(b)(2), when NMFS calculates
that the landings for any species and/or
management group of a linked group
have reached or are projected 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 all of the species and/or
management groups in a linked group
that will be effective no fewer than 5
days from date of filing. From the
effective date and time of the closure
until and if NMFS announces, via a
notice in the Federal Register, that
additional quota is available and the
season is reopened, the fishery for all
linked species and/or management
groups is closed, even across fishing
years.
On July 3, 2013 (78 FR 40318), NMFS
announced the final rule for
Amendment 5a to the 2006
Consolidated HMS FMP, which, among
other things, established new quotas for
aggregated LCS and hammerhead sharks
in the Gulf of Mexico region and linked
the Gulf of Mexico aggregated LCS and
Gulf of Mexico hammerhead shark
management groups. As a result of the
quota linkage, when the quota for one
management group is reached and is
closed, the other management group
closes at the same time. On November
26, 2013 (78 FR 70500), NMFS
announced that the commercial Gulf of
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832
Sfmt 4700
*
N/A
*
N/A
*
Mexico aggregated LCS quota for 2014
was 151.2 metric tons (mt) dressed
weight (dw) (333,828 lb dw), and the
Gulf of Mexico hammerhead shark
quota was 25.3 mt dw (55,722 lb dw).
Dealer reports recently received through
May 13, 2014, indicate that 124.0 mt dw
or 82 percent of the available Gulf of
Mexico aggregated LCS quota has been
landed, and that 10.7 mt dw or 42
percent of the available Gulf of Mexico
hammerhead shark quota has been
landed. Based on these dealer reports,
NMFS estimates that the 80-percent
limit specified for a closure notice in the
regulations has been exceeded as of May
13, 2014. Accordingly, NMFS is closing
both the commercial aggregated LCS
and hammerhead management groups
in the Gulf of Mexico region as of 11:30
p.m. local time May 20, 2014. All other
shark species or management groups
that are currently open will remain
open, including the commercial Gulf of
Mexico blacktip sharks.
At § 635.27(b)(1), the boundary
between the Gulf of Mexico region and
the Atlantic region is defined as a line
beginning on the East Coast of Florida
at the mainland at 25°20.4′ N. lat,
proceeding due east. Any water and
land to the south and west of that
boundary is considered for the purposes
of monitoring and setting quotas, to be
within the Gulf of Mexico region.
During the closure, retention of
aggregated LCS and hammerhead sharks
in the Gulf of Mexico region is
prohibited for persons fishing aboard
vessels issued a commercial shark
limited access permit under § 635.4.
However, persons aboard a
commercially permitted vessel that is
also properly permitted to operate as a
charter vessel or headboat for HMS and
is engaged in a for-hire trip could fish
under the recreational retention limits
for sharks and ‘‘no sale’’ provisions
(§ 635.22(a) and (c)). Similarly, persons
aboard a commercially permitted vessel
that possesses a valid shark research
permit under § 635.32 and has a NMFSapproved observer onboard may
continue to harvest and sell aggregated
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28850
Federal Register / Vol. 79, No. 97 / Tuesday, May 20, 2014 / Rules and Regulations
LCS and hammerhead sharks in the Gulf
of Mexico region pursuant to the terms
and conditions of the shark research
permit.
During this closure, a shark dealer
issued a permit pursuant to § 635.4 may
not purchase or receive aggregated LCS
and/or hammerhead sharks in the Gulf
of Mexico region from a vessel issued an
Atlantic Shark Limited Access Permit
(LAP), except that a permitted shark
dealer or processor may possess
aggregated LCS and/or hammerhead
sharks in the Gulf of Mexico region 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 § 635.28(b)(5).
Additionally, a permitted shark dealer
or processor may possess aggregated
LCS and/or hammerhead sharks in the
Gulf of Mexico region that were
harvested by a vessel issued a valid
shark research fishery permit per
§ 635.32 with a NMFS-approved
observer onboard during the trip the
sharks were taken on as long as the LCS
research fishery quota remains open.
Similarly, a shark dealer issued a permit
pursuant to § 635.4 may, in accordance
with relevant state regulations, purchase
or receive aggregated LCS and/or
hammerhead sharks in the Gulf of
Mexico region if the sharks were
harvested, off-loaded, and sold, traded,
or bartered from a vessel that fishes only
in state waters and that has not been
issued an Atlantic Shark LAP, HMS
Angling permit, or HMS Charter/
Headboat permit pursuant to § 635.4.
rmajette on DSK2TPTVN1PROD with RULES
Classification
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator for Fisheries,
NOAA (AA), finds that providing prior
notice and public comment for this
action is impracticable and contrary to
the public interest because the fishery is
currently underway and any delay in
this action would result in overharvest
of the quota 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 quota
is exceeded, the stock may be negatively
VerDate Mar<15>2010
15:05 May 19, 2014
Jkt 232001
affected and fishermen ultimately could
experience reductions in the available
quota and a lack of fishing opportunities
in future seasons. For these reasons, the
AA also finds good cause to waive the
30-day delay in effective date pursuant
to 5 U.S.C. 553(d)(3). This action is
required under § 635.28(b)(2) and is
exempt from review under Executive
Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 15, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2014–11599 Filed 5–15–14; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 121009528–2729–02]
RIN 0648–XD268
Fisheries of the Northeastern United
States; Summer Flounder Fishery;
Quota Transfer
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; quota transfer.
AGENCY:
NMFS announces that the
Commonwealth of Virginia is
transferring a portion of its 2014
commercial summer flounder quota to
the State of New Jersey. NMFS is
adjusting the quotas and announcing the
revised commercial quota for each state
involved.
DATES: Effective May 15, 2014, through
December 31, 2014.
FOR FURTHER INFORMATION CONTACT:
Carly Bari, Fishery Management
Specialist, 978–281–9224.
SUPPLEMENTARY INFORMATION:
Regulations governing the summer
flounder fishery are in 50 CFR part 648,
and require annual specification of a
SUMMARY:
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Fmt 4700
Sfmt 9990
commercial quota that is apportioned
among the coastal states from North
Carolina through Maine. The process to
set the annual commercial quota and the
percent allocated to each state are
described in § 648.102.
The final rule implementing
Amendment 5 to the Summer Flounder,
Scup, and Black Sea Bass Fishery
Management Plan, which was published
on December 17, 1993 (58 FR 65936),
provided a mechanism for summer
flounder quota to be transferred from
one state to another. Two or more states,
under mutual agreement and with the
concurrence of the Administrator,
Greater Atlantic Region, NMFS
(Regional Administrator), can transfer or
combine summer flounder commercial
quota under § 648.102(c)(2). The
Regional Administrator is required to
consider the criteria in § 648.102(c)(2)(i)
to evaluate requests for quota transfers
or combinations.
Virginia has agreed to transfer 2,634
lb (1,195 kg) of its 2014 commercial
quota to New Jersey. This transfer was
prompted by summer flounder landings
of the F/V Golden Nugget, a Virginia
vessel that was granted safe harbor in
North Carolina due to a vessel fire at sea
on March 6, 2014, thereby requiring a
quota transfer to account for an increase
in New Jersey’s landings that would
have otherwise accrued against the
Virgina quota. The Regional
Administrator has determined that the
criteria set forth in § 648.102(c)(2)(i)
have been met. The revised summer
flounder commercial quotas for calendar
year 2014 are: Virginia, 2,572,766 lb
(1,166,987 kg); and New Jersey
1,912,290 lb (867,400 kg).
Classification
This action is taken under 50 CFR
part 648 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 14, 2014.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2014–11646 Filed 5–15–14; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\20MYR1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 97 (Tuesday, May 20, 2014)]
[Rules and Regulations]
[Pages 28849-28850]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11599]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 130402317-3966-02]
RIN 0648-XD281
Atlantic Highly Migratory Species; Commercial Gulf of Mexico
Aggregated Large Coastal Shark and Gulf of Mexico Hammerhead Shark
Management Groups
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is closing the commercial aggregated large coastal sharks
(LCS) and hammerhead sharks management groups in the Gulf of Mexico
region. This action is necessary because the commercial landings of
Gulf of Mexico aggregated LCS for the 2014 fishing season have exceeded
80 percent of the available commercial quota as of May 13, 2014.
DATES: The commercial Gulf of Mexico aggregated LCS and Gulf of Mexico
hammerhead shark management groups are closed effective 11:30 p.m.
local time May 20, 2014, until the end of the 2014 fishing season on
December 31, 2014, or until and if NMFS announces via a notice in the
Federal Register that additional quota is available and the season is
reopened.
FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz or Alexis Jackson
301-427-8503; fax 301-713-1917.
SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed
under the 2006 Consolidated Highly Migratory Species (HMS) Fishery
Management Plan (FMP), its amendments, and its implementing regulations
(50 CFR part 635) issued under authority of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
Under 50 CFR 635.5(b)(1), dealers must electronically submit
reports on sharks that are first received from a vessel on a weekly
basis through a NMFS-approved electronic reporting system, received by
NMFS no later than midnight, local time, of the first Tuesday following
the end of the reporting week unless the dealer is otherwise notified
by NMFS. Under Sec. 635.28(b)(2), when NMFS calculates that the
landings for any species and/or management group of a linked group have
reached or are projected 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 all of the species and/or management groups in
a linked group that will be effective no fewer than 5 days from date of
filing. From the effective date and time of the closure until and if
NMFS announces, via a notice in the Federal Register, that additional
quota is available and the season is reopened, the fishery for all
linked species and/or management groups is closed, even across fishing
years.
On July 3, 2013 (78 FR 40318), NMFS announced the final rule for
Amendment 5a to the 2006 Consolidated HMS FMP, which, among other
things, established new quotas for aggregated LCS and hammerhead sharks
in the Gulf of Mexico region and linked the Gulf of Mexico aggregated
LCS and Gulf of Mexico hammerhead shark management groups. As a result
of the quota linkage, when the quota for one management group is
reached and is closed, the other management group closes at the same
time. On November 26, 2013 (78 FR 70500), NMFS announced that the
commercial Gulf of Mexico aggregated LCS quota for 2014 was 151.2
metric tons (mt) dressed weight (dw) (333,828 lb dw), and the Gulf of
Mexico hammerhead shark quota was 25.3 mt dw (55,722 lb dw). Dealer
reports recently received through May 13, 2014, indicate that 124.0 mt
dw or 82 percent of the available Gulf of Mexico aggregated LCS quota
has been landed, and that 10.7 mt dw or 42 percent of the available
Gulf of Mexico hammerhead shark quota has been landed. Based on these
dealer reports, NMFS estimates that the 80-percent limit specified for
a closure notice in the regulations has been exceeded as of May 13,
2014. Accordingly, NMFS is closing both the commercial aggregated LCS
and hammerhead management groups in the Gulf of Mexico region as of
11:30 p.m. local time May 20, 2014. All other shark species or
management groups that are currently open will remain open, including
the commercial Gulf of Mexico blacktip sharks.
At Sec. 635.27(b)(1), the boundary between the Gulf of Mexico
region and the Atlantic region is defined as a line beginning on the
East Coast of Florida at the mainland at 25[deg]20.4' N. lat,
proceeding due east. Any water and land to the south and west of that
boundary is considered for the purposes of monitoring and setting
quotas, to be within the Gulf of Mexico region.
During the closure, retention of aggregated LCS and hammerhead
sharks in the Gulf of Mexico region is prohibited for persons fishing
aboard vessels issued a commercial shark limited access permit under
Sec. 635.4. However, persons aboard a commercially permitted vessel
that is also properly permitted to operate as a charter vessel or
headboat for HMS and is engaged in a for-hire trip could fish under the
recreational retention limits for sharks and ``no sale'' provisions
(Sec. 635.22(a) and (c)). Similarly, persons aboard a commercially
permitted vessel that possesses a valid shark research permit under
Sec. 635.32 and has a NMFS-approved observer onboard may continue to
harvest and sell aggregated
[[Page 28850]]
LCS and hammerhead sharks in the Gulf of Mexico region pursuant to the
terms and conditions of the shark research permit.
During this closure, a shark dealer issued a permit pursuant to
Sec. 635.4 may not purchase or receive aggregated LCS and/or
hammerhead sharks in the Gulf of Mexico region from a vessel issued an
Atlantic Shark Limited Access Permit (LAP), except that a permitted
shark dealer or processor may possess aggregated LCS and/or hammerhead
sharks in the Gulf of Mexico region 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 Sec. 635.28(b)(5).
Additionally, a permitted shark dealer or processor may possess
aggregated LCS and/or hammerhead sharks in the Gulf of Mexico region
that were harvested by a vessel issued a valid shark research fishery
permit per Sec. 635.32 with a NMFS-approved observer onboard during
the trip the sharks were taken on as long as the LCS research fishery
quota remains open. Similarly, a shark dealer issued a permit pursuant
to Sec. 635.4 may, in accordance with relevant state regulations,
purchase or receive aggregated LCS and/or hammerhead sharks in the Gulf
of Mexico region if the sharks were harvested, off-loaded, and sold,
traded, or bartered from a vessel that fishes only in state waters and
that has 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 prior notice and public
comment for this action is impracticable and contrary to the public
interest because the fishery is currently underway and any delay in
this action would result in overharvest of the quota 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 quota is
exceeded, the stock may be negatively affected and fishermen ultimately
could experience reductions in the available quota and a lack of
fishing opportunities in future seasons. For these reasons, the AA also
finds good cause to waive the 30-day delay in effective date pursuant
to 5 U.S.C. 553(d)(3). This action is required under Sec. 635.28(b)(2)
and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 15, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2014-11599 Filed 5-15-14; 4:15 pm]
BILLING CODE 3510-22-P
