Gulf of Mexico Highly Migratory Species (HMS); Commercial Blacknose Sharks and Non-Blacknose Small Coastal Sharks (SCS) in the Gulf of Mexico Region, 53344-53345 [2014-21376]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 79, Number 174 (Tuesday, September 9, 2014)]
[Rules and Regulations]
[Pages 53344-53345]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21376]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 130402317-3966-02]
RIN 0648-XD475


Gulf of Mexico Highly Migratory Species (HMS); Commercial 
Blacknose Sharks and Non-Blacknose Small Coastal Sharks (SCS) in the 
Gulf of Mexico Region

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is closing the fisheries for commercial blacknose sharks 
and non-blacknose SCS in the Gulf of Mexico region. This action is 
necessary because the commercial landings of Gulf of Mexico non-
blacknose SCS for the 2014 fishing season could exceed 80 percent of 
the available commercial quota as of September 5, 2014, and the 
fisheries are quota-linked under current regulations.

DATES: The commercial fisheries for blacknose sharks and Gulf of Mexico 
non-blacknose SCS in the Gulf of Mexico region are closed effective 
11:30 p.m. local time September 9, 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: Alexis Jackson or Karyl Brewster-Geisz 
301-427-8503; fax 301-713-1917.

SUPPLEMENTARY INFORMATION: The Gulf of Mexico shark fisheries are 
managed under the 2006 Consolidated 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 Sec.  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. Reports must be 
received by 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), the quotas of certain 
species and/or management groups are linked. The quotas for blacknose 
sharks and the non-blacknose SCS management group in the Gulf of Mexico 
region are linked (Sec.  635.28(b)(3)(iv)). Under Sec.  635.28(b)(2), 
when NMFS calculates that the landings for any species and/or 
management group of a linked group has reached or is 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 fisheries for all linked species and/or 
management groups are closed, even across fishing years.
    On November 26, 2013 (78 FR 70500), NMFS announced that the 
commercial Gulf of Mexico blacknose shark quota for 2014 is 1.8 metric 
tons (mt) dressed weight (dw) (3,968 lb dw). The non-blacknose SCS 
quota was set at 221.6 mt dw, and divided into regions (Atlantic and 
Gulf of Mexico) for management purposes. The Atlantic region non-
blacknose SCS quota is 79.5 percent of the base quota or 153.3 mt dw 
(150,574 lb dw), and the Gulf of Mexico non-blacknose SCS quota is 20.5 
percent or 68.3 mt dw (150,574 lb dw). Current regulations specify that 
``[i]nseason and/or annual quota transfers of regional quotas between 
regions may be conducted only for species or management groups where 
the species are the same between regions and the quota is split between 
regions for management purposes and not as a result of a stock 
assessment.'' Although the non-blacknose SCS quota currently is split 
between regions for management purposes, transferring quota between the 
two regions would be inconsistent with accomplishing the objectives of 
the fishery management plan now that sharpnose and bonnethead have been 
split into separate stocks as a result of the stock assessment. Such a 
transfer would, essentially, disregard the scientific bases for 
splitting sharpnose and bonnethead sharks into two stocks, and there is 
no practicable way to analyze the impacts of and establish separate 
quotas for these stocks or the complex as a whole absent the amendment 
process. Thus, no such transfer will be made pursuant to 50 CFR 
635.27(b)(2)(iii), which includes among the transfer criteria to be 
considered, ``[e]ffects of the adjustment on the status of all shark 
species;'' and ``[e]ffects of the adjustment on accomplishing the 
objectives of the fishery management plan.''
    In the upcoming Amendment 6 to the 2006 Consolidated Highly 
Migratory Species Fishery Management Plan, NMFS will be considering 
implementing total allowable catches and commercial quotas for the non-
blacknose SCS complexes in the Atlantic and Gulf of Mexico regions, 
which includes the sharpnose and bonnethead stocks, based on the 
results of the SEDAR 34 assessment. Pending such an Amendment, the 
separate Atlantic and Gulf of Mexico sharpnose and bonnethead shark 
stocks remain within the overall non-blacknose SCS management complex, 
with the quotas for the complex designated for this fishing year. The 
next assessments for these two species are not yet scheduled but will 
include benchmark assessments for each stock.
    Dealer reports recently received through August 29, 2014, indicate 
that 0.8 mt dw or 42 percent of the available Gulf of Mexico blacknose 
shark quota has been landed and 51.7 mt dw or 76 percent of the 
available Gulf of Mexico non-blacknose SCS quota has been landed. Based 
on projections, NMFS estimates that the 80-percent limit could be 
exceeded by September 5, 2014, or earlier. Accordingly, NMFS is closing 
both the commercial blacknose shark fishery and non-blacknose SCS 
management group in the Gulf of Mexico region as of 11:30 p.m. local 
time September 9, 2014. All other shark species or management groups 
that are currently open in the Gulf of Mexico region will remain open, 
including the blue shark, porbeagle shark, and pelagic sharks other 
than porbeagle or blue shark management groups.
    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 blacknose sharks and non-blacknose 
SCS in the Gulf of Mexico region is

[[Page 53345]]

prohibited for persons fishing aboard vessels issued a commercial shark 
limited access permit (LAP) 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)).
    During this closure, a shark dealer issued a permit pursuant to 
Sec.  635.4 may not purchase or receive blacknose sharks or non-
blacknose SCS in the Gulf of Mexico region from a vessel issued a shark 
LAP, except that a permitted shark dealer or processor may possess 
blacknose sharks and/or non-blacknose SCS 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). Similarly, a shark dealer issued a permit 
pursuant to Sec.  635.4 may, in accordance with relevant state 
regulations, purchase or receive blacknose sharks and/or non-blacknose 
SCS 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 a 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 fisheries are currently underway and any delay in 
this action would result in overharvest of the Gulf of Mexico non-
blacknose SCS 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: September 4, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-21376 Filed 9-4-14; 4:15 pm]
BILLING CODE 3510-22-P