Atlantic Highly Migratory Species; Commercial Aggregated Large Coastal Shark and Hammerhead Shark Management Group Retention Limit Adjustment, 18541-18543 [2016-07294]
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Federal Register / Vol. 81, No. 62 / Thursday, March 31, 2016 / Rules and Regulations
Issued in Washington, DC on, March 25,
2016, under the authority delegated in 49
CFR 1.97.
Marie Therese Dominguez,
Administrator, Pipeline and Hazardous
Materials Safety Administration.
[FR Doc. 2016–07199 Filed 3–30–16; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 130403320–4891–02]
RIN 0648–XE542
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Resources of the South
Atlantic; 2016–2017 Recreational
Fishing Season for Black Sea Bass
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; recreational
season length.
AGENCY:
NMFS announces that the
length of the recreational season for
black sea bass in the exclusive economic
zone (EEZ) of the South Atlantic will
extend throughout the 2016–2017
fishing year. Announcing the length of
recreational season for black sea bass is
one of the accountability measures
(AMs) for the recreational sector. This
announcement allows recreational
fishermen to maximize their
opportunity to harvest the recreational
annual catch limit (ACL) for black sea
bass during the fishing season while
managing harvest to protect the black
sea bass resource.
DATES: This rule is effective from 12:01
a.m., local time, April 1, 2016, until
12:01 a.m., local time, April 1, 2017,
unless changed by subsequent
notification in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Nikhil Mehta, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
nikhil.mehta@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery includes black
sea bass in the South Atlantic and is
managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP). The South Atlantic
Fishery Management Council prepared
the FMP and the FMP is implemented
by NMFS under the authority of the
Magnuson-Stevens Fishery
jstallworth on DSK7TPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:13 Mar 30, 2016
Jkt 238001
Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622.
The final rule implementing
Regulatory Amendment 14 to the FMP
changed the recreational fishing season
for black sea bass from June 1 through
May 31 to April 1 through March 31 (79
FR 66316, November 7, 2014). The final
rule also revised the recreational AMs
for black sea bass. Prior to the start of
each recreational fishing year on April
1, NMFS will project the length of the
recreational fishing season based on
when NMFS projects the recreational
ACL to be met and will announce the
recreational season end date in the
Federal Register (50 CFR 622.193(e)(2)).
The purpose of this revised AM is to
implement a more predictable
recreational season length while still
constraining harvest at or below the
recreational ACL to protect the stock
from experiencing adverse biological
consequences.
The recreational ACL for the 2016–
2017 fishing year is 848,455 lb (384,853
kg), gutted weight, 1,001,177 lb (454,126
kg), round weight, and was established
through the final rule for Regulatory
Amendment 19 to the FMP on
September 23, 2013 (78 FR 58249). In
the 2015–2016 fishing year, harvest
levels of black sea bass were not close
to reaching the recreational ACL of
876,254 lb (397,462 kg), gutted weight,
1,033,980 lb (469,005 kg) round weight,
and based on landings from the 2013–
2014 through 2015–2016 fishing years,
NMFS therefore estimates that the
recreational ACL will not be met in the
2016–2017 fishing year. Accordingly,
the recreational sector for black sea bass
is not expected to close as a result of
reaching its ACL, and the season end
date for recreational fishing for black sea
bass in the South Atlantic EEZ is the
end of the current fishing year, March
31, 2017.
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
necessary for the conservation and
management of South Atlantic black sea
bass and is consistent with the
Magnuson-Stevens Act and other
applicable laws.
This action is taken under 50 CFR
622.193(e)(2) and is exempt from review
under Executive Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because the temporary rule is issued
without opportunity for prior notice and
comment.
This action responds to the best
scientific information available. The
PO 00000
Frm 00095
Fmt 4700
Sfmt 4700
18541
Assistant Administrator for Fisheries,
NOAA (AA), finds that the need to
immediately implement the recreational
season length constitutes good cause to
waive the requirements to provide prior
notice and opportunity for public
comment pursuant to the authority set
forth in 5 U.S.C. 553(b)(B), because prior
notice and opportunity for public
comment on this temporary rule is
unnecessary. Such procedures are
unnecessary, because the rule
establishing the AM has already been
subject to notice and comment, and all
that remains is to notify the public of
the recreational season length.
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in the effectiveness of this
action under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: March 28, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–07292 Filed 3–28–16; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 150413357–5999–02]
RIN 0648–XE531
Atlantic Highly Migratory Species;
Commercial Aggregated Large Coastal
Shark and Hammerhead Shark
Management Group Retention Limit
Adjustment
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
retention limit adjustment.
AGENCY:
NMFS is adjusting the
commercial aggregated large coastal
shark (LCS) and hammerhead shark
management group retention limit for
directed shark limited access permit
holders in the Atlantic region from 36
LCS other than sandbar sharks per
vessel per trip to 3 LCS other than
sandbar sharks per vessel per trip. This
action is based on consideration of the
regulatory determination criteria
regarding inseason adjustments. The
retention limit will remain at 3 LCS
other than sandbar sharks per vessel per
trip in the Atlantic region through the
rest of the 2016 fishing season or until
NMFS announces via a notice in the
SUMMARY:
E:\FR\FM\31MRR1.SGM
31MRR1
jstallworth on DSK7TPTVN1PROD with RULES
18542
Federal Register / Vol. 81, No. 62 / Thursday, March 31, 2016 / Rules and Regulations
Federal Register another adjustment to
the retention limit or a fishery closure
is warranted. This retention limit
adjustment will affect anyone with a
directed shark limited access permit
fishing for LCS in the Atlantic region.
DATES: This retention limit adjustment
is effective at 11:30 p.m. local time
April 2, 2016, through the end of the
2016 fishing season on December 31,
2016, or until NMFS announces via a
notice in the Federal Register another
adjustment to the retention limit or a
fishery closure, if warranted.
´
FOR FURTHER INFORMATION CONTACT: Guy
DuBeck or Karyl Brewster-Geisz, 301–
427–8503; fax 301–713–1917.
SUPPLEMENTARY INFORMATION: Atlantic
shark fisheries are managed under the
2006 Consolidated Highly Migratory
Species (HMS) Fishery Management
Plan (FMP), its amendments, and
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 § 635.24(a)(8), NMFS may
adjust the commercial retention limit in
the shark fisheries during the fishing
season. Before making any adjustment,
NMFS must consider specified
regulatory criteria and other relevant
factors (see § 635.24(a)(8)(i)–(vi)). After
considering these criteria as discussed
below, we have concluded that reducing
the retention limit of the Atlantic
aggregated LCS and hammerhead
management groups for directed shark
limited access permit holders will slow
the fishery catch rates to allow the
fishery throughout the Atlantic region to
remain open for the rest of the year.
Since landings have exceeded 20
percent of the quota and are projected
to reach 80 percent before the end of the
2016 fishing season, we are reducing the
commercial Atlantic aggregated LCS and
hammerhead shark retention limit from
36 to 3 LCS other than sandbar per
vessel per trip.
We considered the inseason retention
limit adjustment criteria listed in
§ 635.24(a)(8), which includes:
(i) The amount of remaining shark
quota in the relevant area, region, or
sub-region, to date, based on dealer
reports.
Based on dealer reports, 6.6 mt dw or
24 percent of the 27.1 mt dw shark
quota for the hammerhead management
group has already been harvested in the
Atlantic region. This means that
approximately 76 percent of the quota
remains. These levels so early in the
season indicate that the quota is being
harvested too quickly and unless action
is taken to slow harvest, fishermen in
VerDate Sep<11>2014
15:13 Mar 30, 2016
Jkt 238001
the Atlantic region may not have an
opportunity to fish in the region for the
remainder of the year.
(ii) The catch rates of the relevant
shark species/complexes in the region
or sub-region, to date, based on dealer
reports;
Based on the average catch rate of
landings data from dealer reports, the
amount of hammerhead sharks
harvested on a daily basis is high. While
fishermen are landing sharks within
their per-trip limit of 36 fish per trip on
a given day, they are making multiple
trips a day that overall result in high
numbers of hammerheads being caught
rapidly throughout the fishery. This
daily average catch rate means that
hammerhead sharks are being harvested
too quickly to ensure fair fishing
opportunities throughout the season. If
the per trip limit is left unchanged,
hammerhead sharks would likely be
harvested at such a high rate that there
would not be enough hammerhead
shark quota remaining to keep the
fishery open year-round, precluding
equitable fishing opportunities for the
entire Atlantic region.
(iii) Estimated date of fishery closure
based on when the landings are
projected to reach 80 percent of the
quota given the realized catch rates;
Once the landings reach 80 percent of
the quota, we would have to close the
hammerhead management group as well
as any other management group with
‘‘linked quotas’’ such as the Atlantic
aggregated LCS management group.
Current catch rates would likely result
in hitting this limit by mid-May. A
closure so early in the year would
preclude fishing opportunities in the
Atlantic region for the remainder of the
year.
(iv) Effects of the adjustment on
accomplishing the objectives of the 2006
Consolidated HMS FMP and its
amendments;
Reducing the retention limit for the
aggregated LCS and hammerhead
management group from 36 to 3 LCS per
trip would allow for fishing
opportunities later in the year consistent
with the FMP’s objectives to ensure
equitable fishing opportunities
throughout the fishing season and to
limit bycatch and discards.
(v) Variations in seasonal distribution,
abundance, or migratory patterns of the
relevant shark species based on
scientific and fishery-based knowledge;
The directed shark fisheries in the
Atlantic region exhibit a mixed species
composition, with a high abundance of
aggregated LCS caught in conjunction
with hammerhead sharks. As a result,
by slowing the harvest and reducing
landings on a per-trip basis, both
PO 00000
Frm 00096
Fmt 4700
Sfmt 4700
fisheries could remain open for the
remainder of the year.
(vi) Effects of catch rates in one part
of a region or sub-region precluding
vessels in another part of that region or
sub-region from having a reasonable
opportunity to harvest a portion of the
relevant quota.
Based on dealer reports, and given
NMFS’ notice to the regulated
community (80 FR 74999) that a goal of
this year’s fishery was to ensure fishing
opportunities throughout the fishing
season, we have concluded that the
hammerhead shark quota is being
harvested too quickly to meet
conservation and management goals for
the fishery. If the harvest of these
species is not slowed down, we estimate
that the fishery would close in midMay. Closing the fishery so early would
prevent fishermen from other parts of
the Atlantic region from having the
same opportunities to harvest the
hammerhead shark quota later in the
year.
On December 1, 2015 (80 FR 74999),
we announced that the aggregated LCS
and hammerhead shark fisheries
management groups for the Atlantic
region would open on January 1 with a
quota of 168.9 metric tons (mt) dressed
weight (dw) (372,552 lb dw) and 27.1 mt
dw (59,736 lb dw), respectively. In that
final rule, NMFS also announced that if
it appeared that the quota is being
harvested too quickly, precluding
fishing opportunities throughout the
entire region (e.g., if approximately 20
percent of the quota is caught at the
beginning of the year), we would reduce
the commercial retention limit to 3 LCS
other than sandbar sharks. Dealer
reports through March 18, 2016,
indicate that 6.6 mt dw or 24 percent of
the available quota for the hammerhead
shark fishery has been harvested. If the
average catch rate indicated by these
reports continues, the landings could
reach 80 percent of the quota by midMay. Once the landings reach 80
percent of the quota, consistent with
§ 635.28(b)(3) (‘‘linked quotas’’), NMFS
would close any species and/or
management group of a linked group.
Accordingly, as of 11:30 p.m. local
time April 4, 2016, NMFS is reducing
the retention limit for the commercial
aggregated LCS and hammerhead shark
management groups in the Atlantic
region for directed shark limited access
permit holders from 36 LCS other than
sandbar sharks per vessel per trip to 3
LCS other than sandbar sharks per
vessel per trip. If the vessel is properly
permitted to operate as a charter vessel
or headboat for HMS and is engaged in
a for-hire trip, in which case the
recreational retention limits for sharks
E:\FR\FM\31MRR1.SGM
31MRR1
Federal Register / Vol. 81, No. 62 / Thursday, March 31, 2016 / Rules and Regulations
and ‘‘no sale’’ provisions apply
(§ 635.22(a) and (c)), or if the vessel
possesses a valid shark research permit
under § 635.32 and a NMFS-approved
observer is onboard, then they are
exempted from the retention limit
adjustment.
All other retention limits and shark
fisheries in the Atlantic region remain
unchanged. This retention limit will
remain at 3 LCS other than sandbar
sharks per vessel per trip for the rest of
the 2016 fishing season, or until NMFS
announces via a notice in the Federal
Register another adjustment to the
retention limit or a fishery closure, is
warranted.
The boundary between the Gulf of
Mexico region and the Atlantic region is
defined at § 635.27(b)(1) 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 north and east of that
boundary is considered, for the
purposes of quota monitoring and
setting of quotas, to be within the
Atlantic region.
jstallworth on DSK7TPTVN1PROD with RULES
Classification
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator for Fisheries,
VerDate Sep<11>2014
15:13 Mar 30, 2016
Jkt 238001
NOAA (AA), finds there is good cause
to waive prior notice and an
opportunity for public comment on this
action, as notice and comment would be
impracticable and contrary to the public
interest. Providing prior notice and an
opportunity for comment is
impracticable because the catch and
landings that need to be reduced are
ongoing and must be reduced
immediately to meet conservation and
management objectives for the fishery.
Continued fishing at those levels during
the time that notice and comment takes
place would result in the much of the
quota being landed and could result in
a very early closure of the fishery,
contrary to the objectives of the existing
conservation and management measures
in place for those species. These
objectives include ensuring that fishing
opportunities are equitable and that
bycatch and discards are minimized.
Allowing fishing to continue at the
existing rates even for a limited time is
contrary to these objectives and would
thus be impracticable. It would also be
contrary to the public interest because,
if the quota continues to be caught at the
current levels the quota will not last
throughout the remainder of the fishing
PO 00000
Frm 00097
Fmt 4700
Sfmt 9990
18543
season and a larger number of fishermen
will essentially be denied the
opportunity to land sharks from the
quota. Furthermore, continued catch at
the current rates, even for a limited
period, could result in eventual quota
overharvests, since it is still so early in
the fishing year. The AA also finds good
cause to waive the 30-day delay in
effective date pursuant to 5 U.S.C.
553(d)(3) for the same reasons. This
action is required under § 635.28(b)(2)
and is exempt from review under
Executive Order 12866. We have
concluded that reducing the retention
limit of the Atlantic aggregated LCS and
hammerhead management groups for
directed shark limited access permit
holders will slow the fishery catch rates
to allow the fishery throughout the
Atlantic region to remain open for the
rest of the year
Authority: 16 U.S.C. 1801 et seq.
Dated: March 28, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–07294 Filed 3–28–16; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\31MRR1.SGM
31MRR1
]]>Agencies
[Federal Register Volume 81, Number 62 (Thursday, March 31, 2016)]
[Rules and Regulations]
[Pages 18541-18543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07294]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 150413357-5999-02]
RIN 0648-XE531
Atlantic Highly Migratory Species; Commercial Aggregated Large
Coastal Shark and Hammerhead Shark Management Group Retention Limit
Adjustment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason retention limit adjustment.
-----------------------------------------------------------------------
SUMMARY: NMFS is adjusting the commercial aggregated large coastal
shark (LCS) and hammerhead shark management group retention limit for
directed shark limited access permit holders in the Atlantic region
from 36 LCS other than sandbar sharks per vessel per trip to 3 LCS
other than sandbar sharks per vessel per trip. This action is based on
consideration of the regulatory determination criteria regarding
inseason adjustments. The retention limit will remain at 3 LCS other
than sandbar sharks per vessel per trip in the Atlantic region through
the rest of the 2016 fishing season or until NMFS announces via a
notice in the
[[Page 18542]]
Federal Register another adjustment to the retention limit or a fishery
closure is warranted. This retention limit adjustment will affect
anyone with a directed shark limited access permit fishing for LCS in
the Atlantic region.
DATES: This retention limit adjustment is effective at 11:30 p.m. local
time April 2, 2016, through the end of the 2016 fishing season on
December 31, 2016, or until NMFS announces via a notice in the Federal
Register another adjustment to the retention limit or a fishery
closure, if warranted.
FOR FURTHER INFORMATION CONTACT: Gu[yacute] DuBeck or Karyl Brewster-
Geisz, 301-427-8503; fax 301-713-1917.
SUPPLEMENTARY INFORMATION: Atlantic shark fisheries are managed under
the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management
Plan (FMP), its amendments, and 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. 635.24(a)(8), NMFS may adjust the commercial retention
limit in the shark fisheries during the fishing season. Before making
any adjustment, NMFS must consider specified regulatory criteria and
other relevant factors (see Sec. 635.24(a)(8)(i)-(vi)). After
considering these criteria as discussed below, we have concluded that
reducing the retention limit of the Atlantic aggregated LCS and
hammerhead management groups for directed shark limited access permit
holders will slow the fishery catch rates to allow the fishery
throughout the Atlantic region to remain open for the rest of the year.
Since landings have exceeded 20 percent of the quota and are projected
to reach 80 percent before the end of the 2016 fishing season, we are
reducing the commercial Atlantic aggregated LCS and hammerhead shark
retention limit from 36 to 3 LCS other than sandbar per vessel per
trip.
We considered the inseason retention limit adjustment criteria
listed in Sec. 635.24(a)(8), which includes:
(i) The amount of remaining shark quota in the relevant area,
region, or sub-region, to date, based on dealer reports.
Based on dealer reports, 6.6 mt dw or 24 percent of the 27.1 mt dw
shark quota for the hammerhead management group has already been
harvested in the Atlantic region. This means that approximately 76
percent of the quota remains. These levels so early in the season
indicate that the quota is being harvested too quickly and unless
action is taken to slow harvest, fishermen in the Atlantic region may
not have an opportunity to fish in the region for the remainder of the
year.
(ii) The catch rates of the relevant shark species/complexes in the
region or sub-region, to date, based on dealer reports;
Based on the average catch rate of landings data from dealer
reports, the amount of hammerhead sharks harvested on a daily basis is
high. While fishermen are landing sharks within their per-trip limit of
36 fish per trip on a given day, they are making multiple trips a day
that overall result in high numbers of hammerheads being caught rapidly
throughout the fishery. This daily average catch rate means that
hammerhead sharks are being harvested too quickly to ensure fair
fishing opportunities throughout the season. If the per trip limit is
left unchanged, hammerhead sharks would likely be harvested at such a
high rate that there would not be enough hammerhead shark quota
remaining to keep the fishery open year-round, precluding equitable
fishing opportunities for the entire Atlantic region.
(iii) Estimated date of fishery closure based on when the landings
are projected to reach 80 percent of the quota given the realized catch
rates;
Once the landings reach 80 percent of the quota, we would have to
close the hammerhead management group as well as any other management
group with ``linked quotas'' such as the Atlantic aggregated LCS
management group. Current catch rates would likely result in hitting
this limit by mid-May. A closure so early in the year would preclude
fishing opportunities in the Atlantic region for the remainder of the
year.
(iv) Effects of the adjustment on accomplishing the objectives of
the 2006 Consolidated HMS FMP and its amendments;
Reducing the retention limit for the aggregated LCS and hammerhead
management group from 36 to 3 LCS per trip would allow for fishing
opportunities later in the year consistent with the FMP's objectives to
ensure equitable fishing opportunities throughout the fishing season
and to limit bycatch and discards.
(v) Variations in seasonal distribution, abundance, or migratory
patterns of the relevant shark species based on scientific and fishery-
based knowledge;
The directed shark fisheries in the Atlantic region exhibit a mixed
species composition, with a high abundance of aggregated LCS caught in
conjunction with hammerhead sharks. As a result, by slowing the harvest
and reducing landings on a per-trip basis, both fisheries could remain
open for the remainder of the year.
(vi) Effects of catch rates in one part of a region or sub-region
precluding vessels in another part of that region or sub-region from
having a reasonable opportunity to harvest a portion of the relevant
quota.
Based on dealer reports, and given NMFS' notice to the regulated
community (80 FR 74999) that a goal of this year's fishery was to
ensure fishing opportunities throughout the fishing season, we have
concluded that the hammerhead shark quota is being harvested too
quickly to meet conservation and management goals for the fishery. If
the harvest of these species is not slowed down, we estimate that the
fishery would close in mid-May. Closing the fishery so early would
prevent fishermen from other parts of the Atlantic region from having
the same opportunities to harvest the hammerhead shark quota later in
the year.
On December 1, 2015 (80 FR 74999), we announced that the aggregated
LCS and hammerhead shark fisheries management groups for the Atlantic
region would open on January 1 with a quota of 168.9 metric tons (mt)
dressed weight (dw) (372,552 lb dw) and 27.1 mt dw (59,736 lb dw),
respectively. In that final rule, NMFS also announced that if it
appeared that the quota is being harvested too quickly, precluding
fishing opportunities throughout the entire region (e.g., if
approximately 20 percent of the quota is caught at the beginning of the
year), we would reduce the commercial retention limit to 3 LCS other
than sandbar sharks. Dealer reports through March 18, 2016, indicate
that 6.6 mt dw or 24 percent of the available quota for the hammerhead
shark fishery has been harvested. If the average catch rate indicated
by these reports continues, the landings could reach 80 percent of the
quota by mid-May. Once the landings reach 80 percent of the quota,
consistent with Sec. 635.28(b)(3) (``linked quotas''), NMFS would
close any species and/or management group of a linked group.
Accordingly, as of 11:30 p.m. local time April 4, 2016, NMFS is
reducing the retention limit for the commercial aggregated LCS and
hammerhead shark management groups in the Atlantic region for directed
shark limited access permit holders from 36 LCS other than sandbar
sharks per vessel per trip to 3 LCS other than sandbar sharks per
vessel per trip. If the vessel is properly permitted to operate as a
charter vessel or headboat for HMS and is engaged in a for-hire trip,
in which case the recreational retention limits for sharks
[[Page 18543]]
and ``no sale'' provisions apply (Sec. 635.22(a) and (c)), or if the
vessel possesses a valid shark research permit under Sec. 635.32 and a
NMFS-approved observer is onboard, then they are exempted from the
retention limit adjustment.
All other retention limits and shark fisheries in the Atlantic
region remain unchanged. This retention limit will remain at 3 LCS
other than sandbar sharks per vessel per trip for the rest of the 2016
fishing season, or until NMFS announces via a notice in the Federal
Register another adjustment to the retention limit or a fishery
closure, is warranted.
The boundary between the Gulf of Mexico region and the Atlantic
region is defined at Sec. 635.27(b)(1) 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 north and east of that boundary is
considered, for the purposes of quota monitoring and setting of quotas,
to be within the Atlantic region.
Classification
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for
Fisheries, NOAA (AA), finds there is good cause to waive prior notice
and an opportunity for public comment on this action, as notice and
comment would be impracticable and contrary to the public interest.
Providing prior notice and an opportunity for comment is impracticable
because the catch and landings that need to be reduced are ongoing and
must be reduced immediately to meet conservation and management
objectives for the fishery. Continued fishing at those levels during
the time that notice and comment takes place would result in the much
of the quota being landed and could result in a very early closure of
the fishery, contrary to the objectives of the existing conservation
and management measures in place for those species. These objectives
include ensuring that fishing opportunities are equitable and that
bycatch and discards are minimized. Allowing fishing to continue at the
existing rates even for a limited time is contrary to these objectives
and would thus be impracticable. It would also be contrary to the
public interest because, if the quota continues to be caught at the
current levels the quota will not last throughout the remainder of the
fishing season and a larger number of fishermen will essentially be
denied the opportunity to land sharks from the quota. Furthermore,
continued catch at the current rates, even for a limited period, could
result in eventual quota overharvests, since it is still so early in
the fishing year. The AA also finds good cause to waive the 30-day
delay in effective date pursuant to 5 U.S.C. 553(d)(3) for the same
reasons. This action is required under Sec. 635.28(b)(2) and is exempt
from review under Executive Order 12866. We have concluded that
reducing the retention limit of the Atlantic aggregated LCS and
hammerhead management groups for directed shark limited access permit
holders will slow the fishery catch rates to allow the fishery
throughout the Atlantic region to remain open for the rest of the year
Authority: 16 U.S.C. 1801 et seq.
Dated: March 28, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-07294 Filed 3-28-16; 4:15 pm]
BILLING CODE 3510-22-P
