Atlantic Highly Migratory Species; 2018 Atlantic Shark Commercial Fishing Season, 55512-55520 [2017-25203]
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Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Rules and Regulations
On
September 25, 2017 (82 FR 44519), EPA
published a direct final rule approving
a SIP revision submitted by the State of
Georgia to revise the State’s ERCs
regulation. EPA took direct final action
to approve portions of the September
15, 2008, submission that expands the
eligibility for sources in Barrow County
that can participate in the ERC Program,
adds a provision for reevaluation of the
Certificates of ERC, changes the
administrative fees, and eliminates an
exemption for certain types of ERCs.
In the direct final rule, EPA explained
that the Agency was publishing the rule
without prior proposal because the
Agency viewed the submittal as a noncontroversial SIP amendment and
anticipated no adverse comments.
Further, EPA explained that the Agency
was publishing a separate document in
the proposed rules section of the
Federal Register to serve as the proposal
to approve the SIP revision should an
adverse comment be filed. EPA also
noted that the rule would be effective
generally 30 days after the close of the
public comment period, without further
notice unless the Agency received
adverse comment by the close of the
public comment period. EPA explained
that if the Agency received such
comments, then EPA would publish a
document withdrawing the final rule
and informing the public that the rule
would not take effect. It was also
explained that all public comments
received would then be addressed in a
subsequent final rule based on the
proposed rule, and that EPA would not
institute a second comment period on
this action.
EPA received adverse comments from
a single Commenter on the direct final
rule concerning how revisions are
recorded in the CFR. EPA will address
the comments in a separate final action
based on the proposed action also
published on September 25, 2017 (82 FR
44543). EPA will not open a second
comment period for this action.
SUPPLEMENTARY INFORMATION:
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Sulfur oxides, Volatile organic
compounds.
Dated: November 9, 2017.
Onis ‘‘Trey’’ Glenn, III,
Regional Administrator, Region 4.
16:22 Nov 21, 2017
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[FR Doc. 2017–25193 Filed 11–21–17; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 170605543–7999–02]
RIN 0648–XF486
Atlantic Highly Migratory Species;
2018 Atlantic Shark Commercial
Fishing Season
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; fishing season
notification.
AGENCY:
This final rule establishes the
2018 opening date for all Atlantic shark
fisheries, including the fisheries in the
Gulf of Mexico and Caribbean. This
final rule also establishes the quotas for
the 2018 fishing season based on overand/or underharvests experienced
during 2017 and previous fishing
seasons. The large coastal shark (LCS)
retention limit for directed shark limited
access permit holders is 45 LCS other
than sandbar sharks per trip in the Gulf
of Mexico region and 25 LCS other than
sandbar sharks per trip in the Atlantic
region. These retention limits for
directed shark limited access permit
holders may decrease or increase during
the year after considering the specified
inseason action regulatory criteria to
provide, to the extent practicable,
equitable fishing opportunities for
commercial shark fishermen in all
regions and areas. These actions could
affect fishing opportunities for
commercial shark fishermen in the
northwestern Atlantic Ocean, including
the Gulf of Mexico and Caribbean Sea.
DATES: This rule is effective on January
1, 2018. The 2018 Atlantic commercial
shark fishing season opening dates and
quotas are provided in Table 1 under
SUPPLEMENTARY INFORMATION.
ADDRESSES: Highly Migratory Species
(HMS) Management Division, 1315 EastWest Highway, Silver Spring, MD
20910.
SUMMARY:
´
Guy
DuBeck, Karyl Brewster-Geisz, or Gray
Redding at (301) 427–8503.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Accordingly, the amendment to 40
CFR 52.570(c) published on September
VerDate Sep<11>2014
25, 2017 (82 FR 44519), are withdrawn
effective November 22, 2017.
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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 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 shark retention limits,
commercial quotas for species and
management groups, 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 management
flexibility in furtherance of equitable
fishing opportunities, to the extent
practicable, for commercial shark
fishermen in all regions and areas.
On August 22, 2017 (82 FR 39735),
NMFS published a proposed rule for the
2018 opening dates for the Atlantic
commercial shark fisheries, commercial
shark fishing quotas based on shark
landings information reported as of July
14, 2017, and the commercial shark
retention limits for each region and subregion. The August 2017 proposed rule
(82 FR 39735; August 22, 2017) for the
2018 season contains details about the
action that are not repeated here. The
comment period on the proposed rule
ended on September 21, 2017.
During the comment period, NMFS
received approximately 13 written and
oral comments on the proposed rule.
Those comments, along with the
Agency’s responses, are summarized
below. As further detailed in the
Response to Comments section below,
after considering all the comments,
NMFS is opening the fishing seasons for
all shark management groups on January
1, 2018, as proposed. For directed shark
limited access permit holders, the
blacktip, aggregated LCS, and
hammerhead management groups in the
entire Gulf of Mexico region will start
the fishing season with a retention limit
of 45 LCS other than sandbar sharks per
vessel per trip, which is a change from
the proposed rule’s retention limit of 50
LCS other than sandbar sharks per
vessel per trip. The aggregated LCS and
hammerhead shark management groups
in the Atlantic region will start the
fishing season with a retention limit of
25 LCS other than sandbar sharks per
vessel per trip for directed shark limited
access permit holders, as proposed. The
retention limit for incidental shark
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limited access permit holders for all
regions has not changed from the
proposed rule and remains at 3 LCS
other than sandbar sharks per trip and
a combined total of 16 small coastal
sharks (SCS) and pelagic sharks,
combined per trip consistent with
§ 635.24(a)(3) and (4). Additionally, the
retention limit for blacknose sharks for
all permit holders in the Atlantic region
south of 34°00′ N. lat. has not changed
from the proposed rule and is 8
blacknose sharks per trip consistent
with § 635.24 (a)(4).
This final rule serves as notification of
the 2018 opening dates for the Atlantic
commercial shark fisheries and 2018
retention limits and quotas, based on
shark landings data updated as of
October 23, 2017, and considering the
‘‘opening commercial fishing season’’
criteria at § 635.27(b)(3). Criteria
considered include available annual
quotas for the current fishing season,
estimated season length and average
weekly catch rates from previous years,
length of the season and fishermen
participation in past years, impacts to
accomplishing objectives of the 2006
Consolidated HMS FMP and its
amendments, temporal variation in
behavior or biology of target species
(e.g., seasonal distribution or
abundance), impact of catch rates in one
region on another, and effects of delayed
season openings. While this action
adjusts certain quotas as allowable, this
action does not establish or change the
annual baseline commercial quotas
established under the 2006
Consolidated HMS FMP and its
amendments for any shark management
group. The baselines quotas were
established under previous actions, and
any changes to those baseline quotas
would be performed through a separate
action. Rather, this action adjusts the
annual commercial quotas for 2018
based on over- and/or underharvests
that occurred in 2017 and previous
fishing seasons, consistent with existing
regulations, and establishes the opening
dates for the fisheries. All of the shark
management group adjusted quotas
remain the same as proposed.
Response to Comments
NMFS received approximately 13
written and oral comments on the
proposed rule from fishermen, dealers,
and other interested parties. All written
comments can be found at https://
www.regulations.gov/ by searching for
RIN 0648–XF486. NMFS received
approximately six oral comments
through phone conversations or at the
HMS Advisory Panel meeting on
September 6, 2017. All of the comments
received are summarized below.
VerDate Sep<11>2014
16:22 Nov 21, 2017
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A. LCS Management Group Comments
Comment 1: NMFS received
comments regarding the proposed
opening date of January 1 for the
western Gulf of Mexico LCS fisheries.
Some commenters supported the
proposed January 1 opening date for
both Gulf of Mexico sub-regions, while
other commenters supported a delayed
western Gulf of Mexico opening date of
January 15 or February 1 to coincide
with the religious holiday of Lent,
which is often associated with higher
ex-vessel prices.
Response: After considering public
comment and the ‘‘opening commercial
fishing season’’ criteria (§ 635.27(b)(3))
described in the proposed rule, NMFS
has determined that opening the Gulf of
Mexico blacktip, aggregated LCS, and
hammerhead shark management groups
on January 1, as proposed, will promote
equitable fishing opportunities
throughout the Gulf of Mexico region. In
reaching this determination, NMFS
considered, in particular, the regulatory
criterion regarding the length of the
season in previous years for the
different species and/or management
groups and whether fishermen had been
able to participate in the fishery in those
years (§ 635.27(b)(3)(iii)), and found that
with a January 1 opening date in 2016,
the length of the fishing season
provided all fishermen with equitable
fishing opportunities to participate in
the fishery in 2016. Specifically, in
2016, NMFS opened the season on
January 1 and closed it on March 12,
2016 (81 FR 12602). In other words, in
2016, while the fishery closed before
April 1 (which is when the State of
Louisiana annually plans a state-water
closure), all fishermen in the sub-region
had the same opportunities. In 2017,
NMFS opened the season on February 1
and closed it on May 2, 2017 (82 FR
20447). The delayed opening in 2017
allowed Louisiana state-water fishermen
only two months to fish given the State
of Louisiana’s annual state-water
closure from April 1 through June 30;
fishermen in other parts of the subregion could continue fishing after April
1. Thus, opening the season in January
should give all fishermen in the subregion a fishing season of equal duration
given the State of Louisiana closure, and
an equitable opportunity to harvest the
quota before the state-water closure.
Comment 2: NMFS received
comments regarding the proposed
change in the commercial retention
limit for the blacktip, aggregated LCS,
and hammerhead management groups
in the eastern Gulf of Mexico sub-region
from the default (and current) level of
45 to 50 LCS other than sandbar sharks
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per vessel per trip. NMFS received a
comment in support of the proposed
higher retention limit of 50 LCS other
than sandbar sharks per vessel per trip
and a comment in support of the current
retention limit of 45 LCS other than
sandbar sharks per vessel per trip to
ensure the season lasts most of the year.
Response: NMFS has determined that
the default retention limit of 45 LCS
other than sandbar sharks per vessel per
trip at the start of the season will ensure
equitable fishing opportunities in the
eastern Gulf of Mexico sub-region. In
the proposed rule, because the
management groups remained open all
of 2016 and because the relevant
management groups were
underharvested in 2016, NMFS
proposed a higher trip limit (50 LCS
other than sandbar sharks per vessel per
trip) in order to allow fishermen to fully
harvest the blacktip, aggregated LCS,
and hammerhead management group
quotas, presuming that future catch
rates might be expected to be similar.
However, as of October 23, 2017, the
landings in 2017 are higher than at that
time in 2016, and NMFS is considering
whether it will be necessary to close the
fishery to avoid overharvest of the
quota. With the updated information
showing an increase in the 2017 eastern
Gulf of Mexico blacktip, aggregated LCS,
and hammerhead management group
landings, NMFS has decided to start the
commercial retention limit at 45 LCS
other than sandbar sharks per vessel per
trip. However, NMFS may adjust the
retention limit during the fishing season
as appropriate after considering the
relevant regulatory criteria.
Comment 3: NMFS received
comments in support the proposed
opening date of January 1, retention
limit, and inseason retention limit
adjustments for the aggregated LCS and
hammerhead management groups in the
Atlantic region as long as majority of the
quota is available later in the year.
Response: After considering the
‘‘opening commercial fishing season’’
regulatory criteria in light of the
comments, which reflected support of
the proposed opening date, NMFS has
decided to open the fisheries in the
Atlantic region on January 1, as
proposed. Specifically, on January 1,
2018, the LCS fisheries in the Atlantic
region will open with a retention limit
of 25 LCS other than sandbar sharks per
vessel per trip for directed shark limited
access permit holders. The January 1
opening date should allow fishermen in
the southern and northern portions of
the Atlantic region the opportunity to
fish at the beginning of the year. NMFS
will consider further adjusting the
commercial retention limit during the
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season as appropriate, after considering
the applicable criteria, to provide all
fishermen in the Atlantic region fishing
opportunities later in the year as well,
since the majority of the quota should
still be available and the majority of
fishing occurs later in the year. The
proposed rule stated that, if it appears
that the quota is being harvested too
quickly to allow fishermen throughout
the entire region an opportunity to fish,
NMFS will consider reducing the
commercial retention limit after a
portion of the quota is harvested (e.g.,
20 percent) and later consider raising
the commercial retention limit to 36
LCS other than sandbar sharks per
vessel per trip around July 15 to allow
greater fishing opportunities later in the
year. This is the same approach that has
been used in 2016 and 2017.
Specifically, in 2017, NMFS started
with a retention limit of 25 LCS other
than sandbar sharks per vessel per trip
on January 1 and then reduced the
commercial retention to 3 LCS other
than sandbar sharks per vessel per trip
on April 15, 2017 (82 FR 17765; April
13, 2017) when the aggregated LCS
quota reached 19.5% of the available
quota. NMFS increased the retention
limit to 36 LCS other than sandbar
sharks per vessel per trip on July 16,
2017 (82 FR 32490; July 14, 2017) and,
as of the drafting of this final rule, the
current fishing season remains open.
Thus, based on how the most recent
previous seasons have operated to date,
NMFS has determined that a lower
retention limit at the start of the season
will allow NMFS to more easily and
closely monitor the quota and catch
rates in the beginning of the year to help
ensure equitable fishing opportunities
later in the year, while acknowledging
that the majority of quota generally is
harvested later in the year (see the
criteria listed at § 635.24(a)(8)(iii)).
B. General Comments
Comment 4: NMFS received several
comments in support of the proposed
rule and more generally in favor of
regulating commercial shark fishing,
while other commenters opposed any
regulations that allow shark fishing.
Commenters who supported the
regulation of shark fisheries stated the
importance of sharks to the ecosystem.
However, one commenter expressed
concern about adequate enforcement of
the quotas and retention limits
including concerns about falsified
reporting. The commenters who were
opposed to the proposed rule
specifically requested a closure of all
shark fisheries; wanted more scientific
justification of the LCS retention limit
change; and were concerned about the
VerDate Sep<11>2014
16:22 Nov 21, 2017
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mortality of prohibited sharks and other
bycatch, shark finning, and consistency
with unspecified provisions in
international agreements, such as the
Convention on International Trade in
Endangered Species of Wild Fauna and
Flora (CITES).
Response: In this rule, NMFS’s goal is
to establish quotas for the Atlantic shark
fisheries based upon the baseline quotas
previously established in the 2006
Consolidated HMS FMP and its
amendments (https://
www.nmfs.noaa.gov/sfa/hms/
documents/fmp/), and based
on allowable adjustments as a result of
over- or underharvests in 2017 and
previous years. Generally, when
establishing the shark commercial
baseline quotas, NMFS uses the total
allowable catch (TAC) calculated during
the stock assessment. NMFS then
subtracts all other sources of mortality,
including recreational landings,
commercial discards, post-release
mortality, and research set-aside
mortality; the remaining portion is the
commercial baseline quota. In
establishing these baseline quotas
through an FMP amendment, NMFS
takes into account the fishery impacts
on essential fish habitat, protected
resources, and the environment in
general in order to fulfill requirements
for the associated FMP amendment
along with socioeconomic value of these
shark species to various groups. Thus,
the commenter’s concern that the
impacts of fishing for sharks on the
environment and other protected
species have not been properly analyzed
nor considered are not warranted.
Regarding the comment about
adequate enforcement and falsified
reporting, NMFS takes enforcement of
these regulations seriously. If suspected
illegal activities are observed in any
fishery and/or region, specific
information regarding such incidents
can be reported to NOAA Office of Law
Enforcement Division (https://
www.nmfs.noaa.gov/ole/) through the
national enforcement hotline at 1–800–
853–1964. All commercial shark
landings and quotas are monitored with
the HMS electronic dealer reporting
system, which has been in use since
2013. This improvement in commercial
quota monitoring technology and the
weekly reporting provides more
information on each dealer transaction,
including all shark landings to the
species level, and ensures that quotas
are not exceeded. Overall, this
improvement helps with monitoring of
commercial landings of all shark species
and with closing management groups in
an efficient and timely manner. In
addition, NMFS can verify and detect
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falsified reporting by dealers and
fishermen by cross-checking dealer
reports to fishermen’s logbooks.
Regarding comments that requested a
closure of all sharks fisheries or that
raised concerns regarding the scientific
justification of the range of allowable
retention limits adopted in an earlier
rulemaking (Amendment 6 to the 2006
Consolidated HMS FMP) and the
mortality of prohibited sharks and other
bycatch, the comments are outside the
scope of this rulemaking because the
purpose of this rulemaking is to adjust
quotas for the 2018 shark seasons based
on over- and underharvests from the
previous years and set opening dates
and commercial retention limits for the
2018 shark seasons. The quotas and
general management measures were
established in previous rulemakings,
which were the final rules to implement
Amendment 2 to the 2006 Consolidated
HMS FMP (73 FR 35778, June 24, 2008;
corrected on 73 FR 40658; July 15,
2008), Amendment 5a to the 2006
Consolidated HMS FMP (78 FR 40318;
July 3, 2013), Amendment 6 to the 2006
Consolidated HMS FMP (80 FR 50073;
August 18, 2015), Amendment 9 to the
2006 Consolidated HMS FMP (80 FR
73128; November 24, 2015), and
Amendment 5b to the 2006
Consolidated HMS FMP (82 FR 16478;
April 4, 2017). In Amendment 6 to the
2006 Consolidated HMS FMP, NMFS
analyzed, among other things, the
impacts and justification for increasing
the LCS retention limit to a maximum
of 55 LCS other than sandbar sharks per
vessel per trip. In Amendment 5b to the
2006 Consolidated HMS FMP, NMFS
implemented management measures to
end overfishing of dusky sharks, which
is a prohibited species, and clarified the
annual catch limits (ACLs) for the
prohibited shark species complex.
Management of the Atlantic shark
fisheries is based on the best available
science to achieve optimum yield while
rebuilding overfished shark stocks and
preventing overfishing.
Regarding the concerns about shark
finning, the United States by federal law
has prohibited shark finning since 2000.
The Shark Finning Prohibition Act of
2000 amended the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) to prohibit
any person under U.S. jurisdiction from
engaging in the finning of sharks,
possessing shark fins aboard a fishing
vessel without the corresponding
carcass, or landing shark fins without
the corresponding carcass. Since 2008
in Atlantic HMS fisheries and then in
2011 nationally via the Shark
Conservation Act, fishermen have been
required to land sharks with fins
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naturally attached, with one narrow
exception related to smooth dogfish so
long as certain requirements are met
(see Amendment 9 to the 2006
Consolidated HMS FMP).
Regarding the concerns about
violating international agreements,
NMFS management of the Atlantic
shark fisheries is undertaken consistent
with applicable international
agreements and both international and
domestic legal requirements are
considered in our development of
FMPs. NMFS continues to work with
the International Commission for the
Conservation of Atlantic Tunas (ICCAT)
and other international entities such as
CITES to appropriately and effectively
manage the stocks throughout their
range. Although the commenter did not
specify the international agreement
provisions about which they were
concerned, there are no international
agreement provisions that would
directly affect the actions undertaken in
this rulemaking related to LCS and SCS
quotas, allocations, or fishing mortality
levels. NMFS will continue to work
with the international community to
promote conservation in fisheries that
span international jurisdictions.
Changes From the Proposed Rule
NMFS made one change to the
proposed rule. Specifically, NMFS
changed the retention limit for directed
shark limited access permit holders at
the start of the commercial shark fishing
season for the blacktip, aggregated LCS,
and hammerhead shark management
groups in the eastern Gulf of Mexico
region from 50 LCS other than sandbar
sharks per vessel per trip to 45 LCS
other than sandbar sharks per vessel per
trip. As explained above, NMFS
changed the retention limit after
considering the ‘‘opening commercial
fishing season’’ criteria (§ 635.27(b)(3)),
public comment, and the 2017 landings
data in order to promote equitable
fishing opportunities throughout the
sub-region. We clearly noted in the
55515
proposed rule that retention limits
might change in response to public
comment, and this level is within the
allowable range and consistent with the
range established in recent years. Thus,
the regulated community had sufficient
notice of this possible change between
the proposed and final rule.
2018 Annual Quotas
This final rule adjusts the 2018
commercial quotas due to over- and/or
underharvests in 2017 and previous
fishing seasons, based on landings data
through October 23, 2017. The 2018
annual quotas by species and
management group are summarized in
Table 1. Any dealer reports that are
received by NMFS after October 23,
2017, will be used to adjust the 2019
quotas, if necessary. A description of the
quota calculations is provided in the
proposed rule and is not repeated here.
Any changes are described in the
‘‘Changes from the Proposed Rule’’
section.
TABLE 1—2018 ANNUAL QUOTAS FOR THE ATLANTIC SHARK FISHERIES
[All quotas and landings are dressed weight (dw), in metric tons (mt), unless specified otherwise. 1 mt dw = 2,204.6 lb dw]
Western Gulf of
Mexico.
...........................
...........................
Eastern Gulf of
Mexico.
...........................
...........................
Gulf of Mexico ........
...........................
Atlantic ...................
...........................
...........................
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...........................
...........................
No regional quotas
...........................
VerDate Sep<11>2014
2017 Annual
quota
Preliminary 2017
landings 1
Adjustments 2
2018 Baseline
annual quota
2018 Final
adjusted annual
quota
(A)
Region or
sub-region
(B)
(C)
(D)
(D + C)
Blacktip Sharks ...
331.6 mt dw
(730,425 lb dw).
206.6 mt dw
(455,535 lb dw).
231.5 mt dw
(510,261 lb dw).
347.2 mt dw
(765,392 lb dw).
Aggregated Large
Coastal Sharks.
Hammerhead
Sharks.
Blacktip Sharks ...
72.0 mt dw
(158,724 lb dw).
11.9 mt dw
(26,301 lb dw).
36.0 mt dw
(79,359 lb dw).
85.5 mt dw
(188,593 lb dw).
13.4 mt dw
(29,421 lb dw).
112.6 mt dw
(248,215 lb dw).
65.8 mt dw
(145,115 lb dw).
2.5 mt dw (5,490
lb dw).
24.9 mt dw
(54,918 lb dw).
57.6 mt dw
(127,022 lb dw).
6.8 mt dw (15,059
lb dw).
49.4 mt dw
(108,965 lb dw).
115.7 mt dw
(255,131 lb
dw) 3.
.............................
72.0 mt dw
(158,724 lb dw).
11.9 mt dw
(26,301 lb dw).
25.1 mt dw
(55,439 lb dw).
85.5 mt dw
(188,593 lb dw).
13.4 mt dw
(29,421 lb dw).
112.6 mt dw
(248,215 lb dw).
72.0 mt dw
(158,724 lb dw).
11.9 mt dw
(26,301 lb dw).
37.7 mt dw
(83,158 lb dw).
85.5 mt dw
(188,593 lb dw).
13.4 mt dw
(29,421 lb dw).
112.6 mt dw
(248,215 lb dw).
504.6 mt dw
(1,112,441 lb
dw).
168.9 mt dw
(372,552 lb dw).
27.1 mt dw
(59,736 lb dw).
264.1 mt dw
(582,333 lb dw).
0 mt dw (0 lb dw)
168.2 mt dw
(370,814 lb dw).
336.4 mt dw
(741,627).
104.4 mt dw
(230,205 lb dw).
7.9 mt dw (17,448
lb dw).
92.9 mt dw
(204,851 lb dw).
.............................
168.9 mt dw
(372,552 lb dw).
27.1 mt dw
(59,736 lb dw).
264.1 mt dw
(582,333 lb dw).
504.6 mt dw
(1,112,441 lb
dw).
168.9 mt dw
(372,552 lb dw).
27.1 mt dw
(59,736 lb dw).
264.1 mt dw
(582,333 lb dw).
17.2 mt dw
(37,921 lb dw).
7.0 mt dw (15,344
lb dw).
.............................
17.2 mt dw
(37,921 lb dw).
17.2 mt dw
(37,921 lb dw).
1,802.6 mt dw
(3,973,902 lb
dw).
50.0 mt dw
(110,230 lb dw).
90.7 mt dw
(199,943 lb dw).
337.5 mt dw
(744,146 lb dw).
600.9 mt dw
(1,324,634 lb
dw).
.............................
1,201.7 mt dw
(2,649,268 lb
dw).
50.0 mt dw
(110,230 lb dw).
90.7 mt dw
(199,943 lb dw).
1,802.6 mt dw
(3,973,902 lb
dw).
50.0 mt dw
(110,230 lb dw).
90.7 mt dw
(199,943 lb dw).
PO 00000
Fmt 4700
Management
group
Aggregated Large
Coastal Sharks.
Hammerhead
Sharks.
Non-Blacknose
Small Coastal
Sharks.
Smoothhound
Sharks.
Aggregated Large
Coastal Sharks.
Hammerhead
Sharks.
Non-Blacknose
Small Coastal
Sharks.
Blacknose Sharks
(South of 34° N.
lat. only).
Smoothhound
Sharks.
Non-Sandbar LCS
Research.
Sandbar Shark
Research.
16:22 Nov 21, 2017
Jkt 244001
Frm 00023
12.2 mt dw
(26,913 lb dw).
45.8 mt dw
(100,982 lb dw).
Sfmt 4700
.............................
12.6 mt dw
(27,719 lb dw) 3.
.............................
.............................
.............................
.............................
.............................
.............................
E:\FR\FM\22NOR1.SGM
22NOR1
55516
Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Rules and Regulations
TABLE 1—2018 ANNUAL QUOTAS FOR THE ATLANTIC SHARK FISHERIES—Continued
[All quotas and landings are dressed weight (dw), in metric tons (mt), unless specified otherwise. 1 mt dw = 2,204.6 lb dw]
Management
group
...........................
Blue Sharks .........
...........................
Porbeagle Sharks
...........................
Pelagic Sharks
Other Than
Porbeagle or
Blue.
2017 Annual
quota
Preliminary 2017
landings 1
Adjustments 2
2018 Baseline
annual quota
2018 Final
adjusted annual
quota
(A)
Region or
sub-region
(B)
(C)
(D)
(D + C)
273.0 mt dw
(601,856 lb dw).
1.7 mt dw (3,748
lb dw).
488.0 mt dw
(1,075,856 lb
dw).
< 2.3 mt dw (<
5,000 lb dw).
0 mt dw (0 lb dw)
.............................
273.0 mt dw
(601,856 lb dw).
1.7 mt dw (3,748
lb dw).
488.0 mt dw
(1,075,856 lb
dw).
273.0 mt dw
(601,856 lb dw).
1.7 mt dw (3,748
lb dw).
488.0 mt dw
(1,075,856 lb
dw).
91.5 mt dw
(201,822 lb dw).
.............................
.............................
1 Landings
are from January 1, 2017, through October 23, 2017, and are subject to change.
adjustments can only be applied to stocks or management groups that are not overfished and have no overfishing occurring.
Also, the underharvest adjustments cannot exceed 50 percent of the baseline quota.
3 This adjustment accounts for underharvest in 2017. This final rule increases the overall Gulf of Mexico blacktip shark quota by 128.3 mt dw
(282,850 lb dw). Since any underharvest is divided based on the sub-regional quota percentage split, the western Gulf of Mexico blacktip shark
quota is increased by 115.7 mt dw, or 90.2 percent of the underharvest, while the eastern Gulf of Mexico blacktip shark quota is increased by
12.6 mt dw, or 9.8 percent of the underharvest.
2 Underharvest
Fishing Season Notification for the 2018
Atlantic Commercial Shark Fishing
Seasons
NMFS considered the seven ‘‘opening
commercial fishing season’’ criteria
listed in § 635.27(b)(3), as discussed
above and as described in the proposed
rule (82 FR 39735; August 22, 2017).
These include, among other things: The
available annual quotas based on any
over- and/or underharvests experienced
during the previous seasons; the
estimated season length based on
available quotas and catch rates from
previous years; the length of the season
in the previous years and whether
fishermen were able to participate in the
fishery in those years; and 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 and/or management
quotas.
Regarding the LCS retention limit, as
shown in Table 2, for directed shark
limited access permit holders, the Gulf
of Mexico blacktip shark, aggregated
LCS, and hammerhead shark
management groups will start the
commercial fishing season at 45 LCS
other than sandbar sharks per vessel per
trip, and the Atlantic aggregated LCS
and hammerhead shark management
groups will start the commercial fishing
season at 25 LCS other than sandbar
sharks per vessel per trip. These
retention limits could be changed
throughout the year based on
consideration of the inseason trip limit
adjustment criteria at 50 CFR
635.24(a)(8). In the Atlantic region
specifically, as described above, NMFS
will closely monitor the quota at the
beginning of the year. If it appears that
either the quota for the Atlantic
aggregated LCS or the hammerhead
shark management groups is being
harvested too quickly to allow
fishermen throughout the entire region
an opportunity to fish (e.g., if
approximately 20 percent of the quota is
caught at the beginning of the year),
NMFS will consider reducing the
commercial retention limit, then
consider raising it later in the season.
Based on prior years’ fishing activity, to
allow more consistent fishing
opportunities later in the year, NMFS
anticipates considering raising the
commercial retention limit to the
default limit of 36 LCS other than
sandbar sharks per vessel per trip
around July 15, 2018.
All of the shark management groups
will remain open until December 31,
2018, or until NMFS determines that the
fishing season landings for any shark
management group has reached, or is
projected to reach, 80 percent of the
available quota; however, consistent
with § 635.28(b)(5), NMFS may close the
Gulf of Mexico blacktip shark
management group before landings
reach, or are expected to reach, 80
percent of the quota. Additionally,
NMFS has previously established nonlinked and linked quotas; linked quotas
are explicitly designed to concurrently
close multiple shark management
groups that are caught together to
prevent incidental catch mortality from
exceeding the total allowable catch. The
linked and non-linked quotas are shown
in Table 2. NMFS will file for
publication with the Office of the
Federal Register a notice of closure for
that shark species, shark management
group including any linked quotas, 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 the
publication of a notice in the Federal
Register, that additional quota is
available and the season is reopened,
the fisheries for the shark species or
management group are closed, even
across fishing years.
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TABLE 2—QUOTA LINKAGES, SEASON OPENING DATES, AND COMMERCIAL RETENTION LIMIT BY REGIONAL OR SUBREGIONAL SHARK MANAGEMENT GROUP
Eastern Gulf of
Mexico.
VerDate Sep<11>2014
Management
group
Quota linkages
Season opening dates
Commercial retention limits for directed shark limited
access permit holders
(inseason adjustments are available)
Blacktip Sharks ....
Not Linked ...........
January 1, 2018 ........
45 LCS other than sandbar sharks per vessel per trip.
Aggregated Large
Coastal Sharks.
Region or
sub-region
Linked.
16:22 Nov 21, 2017
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E:\FR\FM\22NOR1.SGM
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Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Rules and Regulations
55517
TABLE 2—QUOTA LINKAGES, SEASON OPENING DATES, AND COMMERCIAL RETENTION LIMIT BY REGIONAL OR SUBREGIONAL SHARK MANAGEMENT GROUP—Continued
Management
group
Region or
sub-region
Western Gulf of
Mexico.
Gulf of Mexico .......
Atlantic ..................
Quota linkages
Season opening dates
Commercial retention limits for directed shark limited
access permit holders
(inseason adjustments are available)
Hammerhead
Sharks.
Blacktip Sharks ....
Not Linked ...........
January 1, 2018 ........
45 LCS other than sandbar sharks per vessel per trip.
Not Linked ...........
January 1, 2018 ........
N/A.
Linked ..................
January 1, 2018 ........
25 LCS other than sandbar sharks per vessel per trip.
[If quota is landed quickly (e.g., if approximately 20 percent of quota is caught at the beginning of the year),
NMFS anticipates considering an inseason reduction
(e.g., to 3 or fewer LCS other than sandbar sharks
per vessel per trip), and later considering an
inseason increase to 36 LCS other than sandbar
sharks per vessel per trip around July 15, 2018]
Linked (South of
34° N. lat. only).
January 1, 2018 ........
N/A.
Linked ..................
January 1, 2018 ........
N/A.
Not Linked ...........
January 1, 2018 ........
N/A.
Aggregated Large
Coastal Sharks.
Hammerhead
Sharks.
Non-Blacknose
Small Coastal
Sharks.
Aggregated Large
Coastal Sharks.
Hammerhead
Sharks.
Non-Blacknose
Small Coastal
Sharks.
ethrower on DSK3G9T082PROD with RULES
No regional quotas
Blacknose Sharks
(South of 34° N.
lat. only).
Non-Sandbar LCS
Research.
Sandbar Shark
Research.
Blue Sharks .........
Porbeagle Sharks.
Pelagic Sharks
Other Than
Porbeagle or
Blue.
Linked.
Classification
The NMFS Assistant Administrator
has determined that the final rule is
consistent with the 2006 Consolidated
HMS FMP and its amendments, other
provisions of the Magnuson-Stevens
Act, and other applicable law.
This final rule is exempt from review
under Executive Order 12866.
In compliance with section 604 of the
Regulatory Flexibility Act (RFA), NMFS
prepared a Final Regulatory Flexibility
Analysis (FRFA) for this final rule. The
FRFA analyzes the anticipated
economic impacts of the final actions
and any significant economic impacts
on small entities. The FRFA is below.
Section 604(a)(1) of the RFA requires
an explanation of the purpose of the
rulemaking. The purpose of this final
rulemaking is, consistent with the
Magnuson-Stevens Act and the 2006
Consolidated HMS FMP and its
amendments, to establish the 2018
Atlantic commercial shark fishing
VerDate Sep<11>2014
16:22 Nov 21, 2017
Jkt 244001
quotas, retention limits, and fishing
seasons. Without this rule, the Atlantic
commercial shark fisheries would close
on December 31, 2017, and would not
reopen until another action was taken.
This final rule will be implemented
according to the regulations
implementing the 2006 Consolidated
HMS FMP and its amendments. Thus,
NMFS expects few, if any, economic
impacts to fishermen other than those
already analyzed in the 2006
Consolidated HMS FMP and its
amendments. While there may be some
direct negative economic impacts
associated with the opening dates for
fishermen in certain areas, there could
also be positive effects for other
fishermen in the region. The opening
dates were chosen to allow for an
equitable distribution of the available
quotas among all fishermen across
regions and states, to the extent
practicable.
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
Section 604(a)(2) of the RFA requires
NMFS to summarize significant issues
raised by the public in response to the
Initial Regulatory Flexibility Analysis
(IRFA), provide a summary of NMFS’
assessment of such issues, and provide
a statement of any changes made as a
result of the comments. The IRFA was
done as part of the proposed rule for the
2018 Atlantic Commercial Shark Season
Specifications. NMFS did not receive
any comments specific to the IRFA.
However, NMFS received comments
related to the overall economic impacts
of the proposed rule, and those
comments and NMFS’ assessment of
and response to them are summarized
previously in the preamble (see
Comment 1). As described in the
responses to those comments relating to
the season opening dates, consistent
with § 635.27(b)(3), the opening date for
all of the commercial shark fisheries
will be implemented as proposed
(January 1, 2018).
E:\FR\FM\22NOR1.SGM
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55518
Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Rules and Regulations
Section 604(a)(3) of the RFA requires
NMFS to provide an estimate of the
number of small entities to which the
rule would apply. The Small Business
Administration (SBA) has established
size criteria for all major industry
sectors in the United States, including
fish harvesters. Provision is made under
SBA’s regulations for an agency to
develop its own industry-specific size
standards after consultation with
Advocacy and an opportunity for public
comment (see 13 CFR 121.903(c)).
Under this provision, NMFS may
establish size standards that differ from
those established by the SBA Office of
Size Standards, but only for use by
NMFS and only for the purpose of
conducting an analysis of economic
effects in fulfillment of the agency’s
obligations under the RFA. To utilize
this provision, NMFS must publish such
size standards in the Federal Register
(FR), which NMFS did on December 29,
2015 (80 FR 81194, December 29, 2015).
In this final rule effective on July 1,
2016, NMFS established a small
business size standard of $11 million in
annual gross receipts for all businesses
in the commercial fishing industry
(NAICS 11411) for RFA compliance
purposes (80 FR 81194, December 29,
2015). NMFS considers all HMS permit
holders to be small entities because they
had average annual receipts of less than
$11 million for commercial fishing.
As of October 2017, the final rule
would apply to the approximately 222
directed commercial shark permit
holders, 269 incidental commercial
shark permit holders, 148 smoothhound
shark permit holders, and 113
commercial shark dealers. Not all
permit holders are active in the fishery
in any given year. Active directed
commercial shark permit holders are
defined as those with valid permits that
landed one shark based on HMS
electronic dealer reports. Of the 491
directed and incidental commercial
shark permit holders, only 36 permit
holders landed sharks in the Gulf of
Mexico region and only 97 landed
sharks in the Atlantic region. Of the 148
smoothhound shark permit holders,
only 77 permit holders landed
smoothhound sharks in the Atlantic
region and none landed smoothhound
sharks in the Gulf of Mexico region.
NMFS has determined that the final rule
would not likely affect any small
governmental jurisdictions.
Section 604(a)(4) of the RFA requires
NMFS to describe the projected
reporting, recordkeeping, and other
compliance requirements of the final
VerDate Sep<11>2014
16:22 Nov 21, 2017
Jkt 244001
rule, including an estimate of the classes
of small entities which would be subject
to the requirements of the report or
record. None of the actions in this final
rule would result in additional
reporting, recordkeeping, or compliance
requirements beyond those already
analyzed in the 2006 Consolidated HMS
FMP and its amendments.
Section 604(a)(5) of the RFA requires
NMFS to describe the steps taken to
minimize the economic impact on small
entities, consistent with the stated
objectives of applicable statutes.
Additionally, the RFA (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
that would accomplish the stated
objectives of applicable statutes and
minimize any significant economic
impact of the rule on small entities.
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, or any part thereof,
for small entities.
In order to meet the objectives of this
rule, consistent with the MagnusonStevens Act, NMFS cannot exempt
small entities or change the reporting
requirements only for small entities
because all the entities affected are
small entities. Thus, there are no
alternatives discussed that fall under the
first, second, and fourth categories
described above. 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; therefore, there
are no alternatives considered under the
third category.
This rulemaking does not establish
management measures to be
implemented, but rather implements
previously adopted and analyzed
measures as adjustments, as specified in
the 2006 Consolidated HMS FMP and
its amendments and the Environmental
Assessment (EA) for the 2011 shark
quota specifications rule (75 FR 76302;
December 8, 2010). Thus, in this
rulemaking, NMFS adjusted the baseline
quotas established and analyzed in the
2006 Consolidated HMS FMP and its
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
amendments by subtracting the
underharvest or adding the overharvest,
as specified and allowable in existing
regulations. Under current regulations
(§ 635.27(b)(2)), all shark fisheries close
on December 31 of each year, or when
NMFS determines that the fishing
season landings for any shark
management group has reached, or is
projected to reach, 80 percent of the
available quota, and do not open until
NMFS takes action, such as this
rulemaking to re-open the fisheries.
Thus, not implementing these
management measures would negatively
affect shark fishermen and related small
entities, such as dealers, and also would
not provide management flexibility in
furtherance of equitable fishing
opportunities, to the extent practicable,
for commercial shark fishermen in all
regions and areas.
Based on the 2016 ex-vessel price,
fully harvesting the unadjusted 2018
Atlantic shark commercial baseline
quotas could result in total fleet
revenues of $7,779,285 (see Table 3).
For the Gulf of Mexico blacktip shark
management group, NMFS will increase
the baseline sub-regional quotas due to
the underharvests in 2017. The increase
for the western Gulf of Mexico blacktip
shark management group would result
in a $218,647 gain in total revenues for
fishermen in that sub-region, while the
increase for the eastern Gulf of Mexico
blacktip shark management group
would result in a $32,902 gain in total
revenues for fishermen in that subregion. For the Gulf of Mexico and
Atlantic smoothhound shark
management groups, NMFS will
increase the baseline quotas due to the
underharvest in 2017. This would cause
a potential gain in revenue of $581,718
for the fleet in the Gulf of Mexico region
and a potential gain in revenue of
$1,084,557 for the fleet in the Atlantic
region.
All of these changes in gross revenues
are similar to the changes in gross
revenues analyzed in the 2006
Consolidated HMS FMP and its
amendments. The FRFAs for those
amendments concluded that the
economic impacts on these small
entities are expected to be minimal. In
the 2006 Consolidated HMS FMP and
its amendments and the EA for the 2011
shark quota specifications rule, NMFS
stated it would be conducting annual
rulemakings and considering the
potential economic impacts of adjusting
the quotas for under- and overharvests
at that time.
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Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Rules and Regulations
55519
TABLE 3—AVERAGE EX-VESSEL PRICES PER LB DW FOR EACH SHARK MANAGEMENT GROUP, 2016
Average
ex-vessel
meat price
Region
Species
Western Gulf of Mexico ...........
Blacktip Shark ...................................................................................................
Aggregated LCS ................................................................................................
Hammerhead Shark ..........................................................................................
Blacktip Shark ...................................................................................................
Aggregated LCS ................................................................................................
Hammerhead Shark ..........................................................................................
Non-Blacknose SCS ..........................................................................................
Smoothhound Shark ..........................................................................................
Aggregated LCS ................................................................................................
Hammerhead Shark ..........................................................................................
Non-Blacknose SCS ..........................................................................................
Blacknose Shark ...............................................................................................
Smoothhound Shark ..........................................................................................
Shark Research Fishery (Aggregated LCS) .....................................................
Shark Research Fishery (Sandbar only) ...........................................................
Blue shark .........................................................................................................
Porbeagle shark * ..............................................................................................
Other Pelagic sharks .........................................................................................
Eastern Gulf of Mexico ............
Gulf of Mexico ..........................
Atlantic .....................................
No Region ................................
$0.56
0.52
0.83
0.89
0.56
0.25
0.38
1.50
0.79
0.38
0.71
0.98
0.75
0.70
0.68
0.75
1.54
1.54
Average
ex-vessel
fin price
$11.00
11.06
11.08
10.67
11.23
15.95
8.68
1.91
5.54
5.73
2.92
2.92
1.91
9.47
9.47
3.58
3.58
3.58
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* Used other pelagic shark ex-vessel prices for porbeagle sharks ex-vessel prices since there currently are no landings of porbeagle sharks.
For this final rule, NMFS reviewed
the ‘‘opening commercial fishing
season’’ criteria at § 635.27(b)(3)(i)
through (vii) to determine when
opening each fishery will provide
equitable opportunities for fishermen
while also considering the ecological
needs of the different species. Overand/or underharvests of 2017 and
previous fishing season quotas were
examined for the different species/
complexes to determine the effects of
the 2018 final quotas on fishermen
across regional fishing areas. The
potential season lengths and previous
catch rates were examined to ensure
that equitable fishing opportunities
would be provided to fishermen. Lastly,
NMFS examined the seasonal variation
of the different species/complexes and
the effects on fishing opportunities. In
addition to these criteria, NMFS also
considered updated landings data and
public comments on the proposed rule
before arriving at the final opening dates
for the 2018 Atlantic shark management
groups. For the 2018 fishing season,
NMFS is opening the shark management
groups on January 1, 2018. The direct
and indirect economic impacts will be
neutral on a short- and long-term basis
for the Gulf of Mexico blacktip shark,
Gulf of Mexico aggregated LCS, Gulf of
Mexico hammerhead shark, Gulf of
Mexico non-blacknose shark SCS,
Atlantic non-blacknose shark SCS,
Atlantic blacknose shark, sandbar shark,
blue shark, porbeagle shark, and pelagic
shark (other than porbeagle or blue
sharks) management groups, because
NMFS did not change the opening dates
of these fisheries from the status quo of
January 1.
VerDate Sep<11>2014
16:22 Nov 21, 2017
Jkt 244001
Opening the aggregated LCS and
hammerhead shark management groups
in the Atlantic region on January 1 will
result in short-term, direct, moderate,
beneficial economic impacts, as
fishermen and dealers in the southern
portion of the Atlantic region will be
able to fish for and sell aggregated LCS
and hammerhead sharks starting in
January. These fishermen will be able to
fish earlier in the 2018 fishing season
compared to the 2010, 2011, 2012, 2014,
and 2015 fishing seasons, which did not
start until June or July. The opening
date and retention limits finalized in
this rule for the Atlantic region are the
same as those for the current season and
similar to those for the 2016 and 2017
seasons. For both 2016 and 2017, the
fishery remained open all year with
some modifications to the retention
limit throughout the year.
Based on public comment on past
season rules, some Atlantic fishermen in
the southern and northern parts of the
region prefer a January 1 opening for the
fishery as long as the majority of the
quota is available later in the year. With
the implementation of the HMS
electronic reporting system in 2013,
NMFS now monitors the quota on a
more real-time basis compared to the
paper reporting system that was in place
before 2013. This ability, along with the
inseason retention limit adjustment
criteria in § 635.24(a)(8), allows NMFS
the flexibility to further provide
equitable fishing opportunities for
fishermen across all regions, to the
extent practicable. Depending on how
quickly the quota is being harvested, as
was done in 2016 and 2017, NMFS will
consider reducing the commercial
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
retention limit, then consider raising it
later in the season to ensure that
fishermen farther north have sufficient
quota for a fishery later in the 2018
fishing season. The direct impacts to
shark fishermen in the Atlantic region of
reducing the trip limit depend on the
needed reduction in the trip limit and
the timing of such a reduction.
Therefore, such a reduction in the trip
limit for directed shark limited access
permit holders 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 northern portion of the Atlantic
region, a January 1 opening for the
aggregated LCS and hammerhead shark
management groups, with inseason trip
limit adjustments to ensure quota is
available later in the season, will have
direct, minor, beneficial economic
impacts in the short-term for fishermen
as they will potentially have access to
the aggregated LCS and hammerhead
shark quotas earlier than in past
seasons. Fishermen in this area have
stated that, depending on the weather,
some aggregated LCS species might be
available to retain in January. Thus,
fishermen will be able to target or retain
aggregated LCS while targeting nonblacknose SCS. There will 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 region as they
will also have access to aggregated LCS
products earlier than in past seasons.
Thus, opening the aggregated LCS and
hammerhead shark management groups
E:\FR\FM\22NOR1.SGM
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55520
Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Rules and Regulations
in January and using inseason trip limit
adjustments to ensure the fishery is
open later in the year in 2018 will cause
beneficial cumulative economic
impacts, because it allows for a more
equitable distribution of the quotas
among constituents in this region,
consistent with the 2006 Consolidated
HMS FMP and its amendments.
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as ‘‘small entity
compliance guides.’’ The agency shall
explain the actions a small entity is
required to take to comply with a rule
or group of rules. As part of this
rulemaking process, NMFS has prepared
a listserv summarizing fishery
information and regulations for Atlantic
shark fisheries for 2018. This listserv
also serves as the small entity
compliance guide. Copies of the
compliance guide are available from
NMFS (see ADDRESSES).
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.
1801 et seq.
Dated: November 15, 2017.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2017–25203 Filed 11–21–17; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 150121066–5717–02]
RIN 0648–XF805
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
bluefin tuna quota transfer (Harpoon
category to General category).
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AGENCY:
NMFS is transferring 25.6
metric tons (mt) of Atlantic bluefin tuna
(BFT) quota from the Harpoon category
to the General category for the
remainder of the 2017 fishing year, to
account for overharvests of the
September and October through
SUMMARY:
VerDate Sep<11>2014
16:22 Nov 21, 2017
Jkt 244001
November subquotas, and utilize the
unused portion of the adjusted Harpoon
category quota. This action results in an
adjusted General category subquota of
12.7 mt for the December subquota
period. It is intended to preserve the
opportunity for General category
fishermen to participate in the
December General category fishery,
which reopens on December 1, 2017,
and is based on consideration of the
regulatory determination criteria
regarding inseason adjustments and
applies to Atlantic tunas General
category (commercial) permitted vessels
and Highly Migratory Species (HMS)
Charter/Headboat category permitted
vessels when fishing commercially for
BFT.
DATES: The quota transfer is effective
December 1, 2017, through December
31, 2017.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin or Brad McHale,
978–281–9260.
SUPPLEMENTARY INFORMATION:
Regulations implemented under the
authority of the Atlantic Tunas
Convention Act (ATCA; 16 U.S.C. 971 et
seq.) and the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.) governing the harvest of BFT by
persons and vessels subject to U.S.
jurisdiction are found at 50 CFR part
635. Section 635.27 subdivides the U.S.
BFT quota recommended by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
and as implemented by the United
States among the various domestic
fishing categories, per the allocations
established in the 2006 Consolidated
Highly Migratory Species Fishery
Management Plan (2006 Consolidated
HMS FMP) (71 FR 58058, October 2,
2006), as amended by Amendment 7 to
the 2006 Consolidated HMS FMP
(Amendment 7) (79 FR 71510, December
2, 2014). NMFS is required under ATCA
and the Magnuson-Stevens Act to
provide U.S. fishing vessels with a
reasonable opportunity to harvest the
ICCAT-recommended quota.
The base quota for the General
category is 466.7 mt, as established in
the 2015 BFT quota final rule (80 FR
52198, August 28, 2015). See
§ 635.27(a). Each of the General category
time periods (January, June through
August, September, October through
November, and December) is allocated a
‘‘subquota’’ or portion of the annual
General category quota. Although it is
called the ‘‘January’’ subquota, the
regulations allow the General category
fishery under this quota to continue
until the subquota is reached or March
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
31, whichever comes first. The
subquotas for each time period are as
follows: 24.7 mt for January; 233.3 mt
for June through August; 123.7 mt for
September; 60.7 mt for October through
November; and 24.3 mt for December.
Any unused General category quota
rolls forward within the fishing year,
which coincides with the calendar year,
from one time period to the next, and
is available for use in subsequent time
periods.
On December 19, 2016, NMFS
published an inseason action
transferring 16.3 mt of quota from the
December 2017 subquota to the January
2017 subquota period, resulting in a
subquota of 41 mt for the January 2017
period and a subquota of 8 mt for the
December 2017 period (81 FR 91873).
For 2017, NMFS also transferred 40 mt
from the Reserve to the General category
effective March 2, resulting in an
adjusted General category quota of 506.7
mt (82 FR 12747, March 7, 2017). In
advance of the October 1 General
category reopening, NMFS published an
inseason action transferring 156.4 mt
from the Reserve category to the General
category to account for overharvests of
the January, June through August, and
September subquotas, resulting in an
adjusted 2017 General category quota of
663.1 mt (82 FR 46000, October 3,
2017). NMFS closed the General
category fishery when the October
through November subquota (60.7 mt)
was met, effective October 5, 2017 (82
FR 46934, October 10, 2017). The
Harpoon category fishery automatically
closed for the year on November 15,
2017. Once re-opened on December 1,
the 2017 General category fishery would
be open until December 31, 2017, or
until the General category quota is
reached, whichever comes first.
Quota Transfer
Under § 635.27(a)(9), NMFS has the
authority to transfer quota among
fishing categories or subcategories, after
considering regulatory determination
criteria at § 635.27(a)(8). NMFS has
considered all of the relevant
determination criteria and their
applicability to the General category
fishery. These considerations include,
but are not limited to, the following:
NMFS considered the catches of the
General category quota to date
(including during the summer/fall and
winter fisheries in the last several
years), and the likelihood of closure of
that segment of the fishery if no
adjustment is made (§ 635.27(a)(8)(ii)
and (ix)). Preliminary landings data as
of October 31, 2017, indicate that the
General category has landed 676 mt this
year, which exceeds the adjusted
E:\FR\FM\22NOR1.SGM
22NOR1
]]>Agencies
[Federal Register Volume 82, Number 224 (Wednesday, November 22, 2017)]
[Rules and Regulations]
[Pages 55512-55520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25203]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 170605543-7999-02]
RIN 0648-XF486
Atlantic Highly Migratory Species; 2018 Atlantic Shark Commercial
Fishing Season
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; fishing season notification.
-----------------------------------------------------------------------
SUMMARY: This final rule establishes the 2018 opening date for all
Atlantic shark fisheries, including the fisheries in the Gulf of Mexico
and Caribbean. This final rule also establishes the quotas for the 2018
fishing season based on over- and/or underharvests experienced during
2017 and previous fishing seasons. The large coastal shark (LCS)
retention limit for directed shark limited access permit holders is 45
LCS other than sandbar sharks per trip in the Gulf of Mexico region and
25 LCS other than sandbar sharks per trip in the Atlantic region. These
retention limits for directed shark limited access permit holders may
decrease or increase during the year after considering the specified
inseason action regulatory criteria to provide, to the extent
practicable, equitable fishing opportunities for commercial shark
fishermen in all regions and areas. These actions could affect fishing
opportunities for commercial shark fishermen in the northwestern
Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea.
DATES: This rule is effective on January 1, 2018. The 2018 Atlantic
commercial shark fishing season opening dates and quotas are provided
in Table 1 under SUPPLEMENTARY INFORMATION.
ADDRESSES: Highly Migratory Species (HMS) Management Division, 1315
East-West Highway, Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Gu[yacute] DuBeck, Karyl Brewster-
Geisz, or Gray Redding at (301) 427-8503.
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 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 shark retention limits, commercial quotas for
species and management groups, 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 management flexibility
in furtherance of equitable fishing opportunities, to the extent
practicable, for commercial shark fishermen in all regions and areas.
On August 22, 2017 (82 FR 39735), NMFS published a proposed rule
for the 2018 opening dates for the Atlantic commercial shark fisheries,
commercial shark fishing quotas based on shark landings information
reported as of July 14, 2017, and the commercial shark retention limits
for each region and sub-region. The August 2017 proposed rule (82 FR
39735; August 22, 2017) for the 2018 season contains details about the
action that are not repeated here. The comment period on the proposed
rule ended on September 21, 2017.
During the comment period, NMFS received approximately 13 written
and oral comments on the proposed rule. Those comments, along with the
Agency's responses, are summarized below. As further detailed in the
Response to Comments section below, after considering all the comments,
NMFS is opening the fishing seasons for all shark management groups on
January 1, 2018, as proposed. For directed shark limited access permit
holders, the blacktip, aggregated LCS, and hammerhead management groups
in the entire Gulf of Mexico region will start the fishing season with
a retention limit of 45 LCS other than sandbar sharks per vessel per
trip, which is a change from the proposed rule's retention limit of 50
LCS other than sandbar sharks per vessel per trip. The aggregated LCS
and hammerhead shark management groups in the Atlantic region will
start the fishing season with a retention limit of 25 LCS other than
sandbar sharks per vessel per trip for directed shark limited access
permit holders, as proposed. The retention limit for incidental shark
[[Page 55513]]
limited access permit holders for all regions has not changed from the
proposed rule and remains at 3 LCS other than sandbar sharks per trip
and a combined total of 16 small coastal sharks (SCS) and pelagic
sharks, combined per trip consistent with Sec. 635.24(a)(3) and (4).
Additionally, the retention limit for blacknose sharks for all permit
holders in the Atlantic region south of 34[deg]00' N. lat. has not
changed from the proposed rule and is 8 blacknose sharks per trip
consistent with Sec. 635.24 (a)(4).
This final rule serves as notification of the 2018 opening dates
for the Atlantic commercial shark fisheries and 2018 retention limits
and quotas, based on shark landings data updated as of October 23,
2017, and considering the ``opening commercial fishing season''
criteria at Sec. 635.27(b)(3). Criteria considered include available
annual quotas for the current fishing season, estimated season length
and average weekly catch rates from previous years, length of the
season and fishermen participation in past years, impacts to
accomplishing objectives of the 2006 Consolidated HMS FMP and its
amendments, temporal variation in behavior or biology of target species
(e.g., seasonal distribution or abundance), impact of catch rates in
one region on another, and effects of delayed season openings. While
this action adjusts certain quotas as allowable, this action does not
establish or change the annual baseline commercial quotas established
under the 2006 Consolidated HMS FMP and its amendments for any shark
management group. The baselines quotas were established under previous
actions, and any changes to those baseline quotas would be performed
through a separate action. Rather, this action adjusts the annual
commercial quotas for 2018 based on over- and/or underharvests that
occurred in 2017 and previous fishing seasons, consistent with existing
regulations, and establishes the opening dates for the fisheries. All
of the shark management group adjusted quotas remain the same as
proposed.
Response to Comments
NMFS received approximately 13 written and oral comments on the
proposed rule from fishermen, dealers, and other interested parties.
All written comments can be found at https://www.regulations.gov/ by
searching for RIN 0648-XF486. NMFS received approximately six oral
comments through phone conversations or at the HMS Advisory Panel
meeting on September 6, 2017. All of the comments received are
summarized below.
A. LCS Management Group Comments
Comment 1: NMFS received comments regarding the proposed opening
date of January 1 for the western Gulf of Mexico LCS fisheries. Some
commenters supported the proposed January 1 opening date for both Gulf
of Mexico sub-regions, while other commenters supported a delayed
western Gulf of Mexico opening date of January 15 or February 1 to
coincide with the religious holiday of Lent, which is often associated
with higher ex-vessel prices.
Response: After considering public comment and the ``opening
commercial fishing season'' criteria (Sec. 635.27(b)(3)) described in
the proposed rule, NMFS has determined that opening the Gulf of Mexico
blacktip, aggregated LCS, and hammerhead shark management groups on
January 1, as proposed, will promote equitable fishing opportunities
throughout the Gulf of Mexico region. In reaching this determination,
NMFS considered, in particular, the regulatory criterion regarding the
length of the season in previous years for the different species and/or
management groups and whether fishermen had been able to participate in
the fishery in those years (Sec. 635.27(b)(3)(iii)), and found that
with a January 1 opening date in 2016, the length of the fishing season
provided all fishermen with equitable fishing opportunities to
participate in the fishery in 2016. Specifically, in 2016, NMFS opened
the season on January 1 and closed it on March 12, 2016 (81 FR 12602).
In other words, in 2016, while the fishery closed before April 1 (which
is when the State of Louisiana annually plans a state-water closure),
all fishermen in the sub-region had the same opportunities. In 2017,
NMFS opened the season on February 1 and closed it on May 2, 2017 (82
FR 20447). The delayed opening in 2017 allowed Louisiana state-water
fishermen only two months to fish given the State of Louisiana's annual
state-water closure from April 1 through June 30; fishermen in other
parts of the sub-region could continue fishing after April 1. Thus,
opening the season in January should give all fishermen in the sub-
region a fishing season of equal duration given the State of Louisiana
closure, and an equitable opportunity to harvest the quota before the
state-water closure.
Comment 2: NMFS received comments regarding the proposed change in
the commercial retention limit for the blacktip, aggregated LCS, and
hammerhead management groups in the eastern Gulf of Mexico sub-region
from the default (and current) level of 45 to 50 LCS other than sandbar
sharks per vessel per trip. NMFS received a comment in support of the
proposed higher retention limit of 50 LCS other than sandbar sharks per
vessel per trip and a comment in support of the current retention limit
of 45 LCS other than sandbar sharks per vessel per trip to ensure the
season lasts most of the year.
Response: NMFS has determined that the default retention limit of
45 LCS other than sandbar sharks per vessel per trip at the start of
the season will ensure equitable fishing opportunities in the eastern
Gulf of Mexico sub-region. In the proposed rule, because the management
groups remained open all of 2016 and because the relevant management
groups were underharvested in 2016, NMFS proposed a higher trip limit
(50 LCS other than sandbar sharks per vessel per trip) in order to
allow fishermen to fully harvest the blacktip, aggregated LCS, and
hammerhead management group quotas, presuming that future catch rates
might be expected to be similar. However, as of October 23, 2017, the
landings in 2017 are higher than at that time in 2016, and NMFS is
considering whether it will be necessary to close the fishery to avoid
overharvest of the quota. With the updated information showing an
increase in the 2017 eastern Gulf of Mexico blacktip, aggregated LCS,
and hammerhead management group landings, NMFS has decided to start the
commercial retention limit at 45 LCS other than sandbar sharks per
vessel per trip. However, NMFS may adjust the retention limit during
the fishing season as appropriate after considering the relevant
regulatory criteria.
Comment 3: NMFS received comments in support the proposed opening
date of January 1, retention limit, and inseason retention limit
adjustments for the aggregated LCS and hammerhead management groups in
the Atlantic region as long as majority of the quota is available later
in the year.
Response: After considering the ``opening commercial fishing
season'' regulatory criteria in light of the comments, which reflected
support of the proposed opening date, NMFS has decided to open the
fisheries in the Atlantic region on January 1, as proposed.
Specifically, on January 1, 2018, the LCS fisheries in the Atlantic
region will open with a retention limit of 25 LCS other than sandbar
sharks per vessel per trip for directed shark limited access permit
holders. The January 1 opening date should allow fishermen in the
southern and northern portions of the Atlantic region the opportunity
to fish at the beginning of the year. NMFS will consider further
adjusting the commercial retention limit during the
[[Page 55514]]
season as appropriate, after considering the applicable criteria, to
provide all fishermen in the Atlantic region fishing opportunities
later in the year as well, since the majority of the quota should still
be available and the majority of fishing occurs later in the year. The
proposed rule stated that, if it appears that the quota is being
harvested too quickly to allow fishermen throughout the entire region
an opportunity to fish, NMFS will consider reducing the commercial
retention limit after a portion of the quota is harvested (e.g., 20
percent) and later consider raising the commercial retention limit to
36 LCS other than sandbar sharks per vessel per trip around July 15 to
allow greater fishing opportunities later in the year. This is the same
approach that has been used in 2016 and 2017. Specifically, in 2017,
NMFS started with a retention limit of 25 LCS other than sandbar sharks
per vessel per trip on January 1 and then reduced the commercial
retention to 3 LCS other than sandbar sharks per vessel per trip on
April 15, 2017 (82 FR 17765; April 13, 2017) when the aggregated LCS
quota reached 19.5% of the available quota. NMFS increased the
retention limit to 36 LCS other than sandbar sharks per vessel per trip
on July 16, 2017 (82 FR 32490; July 14, 2017) and, as of the drafting
of this final rule, the current fishing season remains open. Thus,
based on how the most recent previous seasons have operated to date,
NMFS has determined that a lower retention limit at the start of the
season will allow NMFS to more easily and closely monitor the quota and
catch rates in the beginning of the year to help ensure equitable
fishing opportunities later in the year, while acknowledging that the
majority of quota generally is harvested later in the year (see the
criteria listed at Sec. 635.24(a)(8)(iii)).
B. General Comments
Comment 4: NMFS received several comments in support of the
proposed rule and more generally in favor of regulating commercial
shark fishing, while other commenters opposed any regulations that
allow shark fishing. Commenters who supported the regulation of shark
fisheries stated the importance of sharks to the ecosystem. However,
one commenter expressed concern about adequate enforcement of the
quotas and retention limits including concerns about falsified
reporting. The commenters who were opposed to the proposed rule
specifically requested a closure of all shark fisheries; wanted more
scientific justification of the LCS retention limit change; and were
concerned about the mortality of prohibited sharks and other bycatch,
shark finning, and consistency with unspecified provisions in
international agreements, such as the Convention on International Trade
in Endangered Species of Wild Fauna and Flora (CITES).
Response: In this rule, NMFS's goal is to establish quotas for the
Atlantic shark fisheries based upon the baseline quotas previously
established in the 2006 Consolidated HMS FMP and its amendments (https://www.nmfs.noaa.gov/sfa/hms/documents/fmp/), and based on
allowable adjustments as a result of over- or underharvests in 2017 and
previous years. Generally, when establishing the shark commercial
baseline quotas, NMFS uses the total allowable catch (TAC) calculated
during the stock assessment. NMFS then subtracts all other sources of
mortality, including recreational landings, commercial discards, post-
release mortality, and research set-aside mortality; the remaining
portion is the commercial baseline quota. In establishing these
baseline quotas through an FMP amendment, NMFS takes into account the
fishery impacts on essential fish habitat, protected resources, and the
environment in general in order to fulfill requirements for the
associated FMP amendment along with socioeconomic value of these shark
species to various groups. Thus, the commenter's concern that the
impacts of fishing for sharks on the environment and other protected
species have not been properly analyzed nor considered are not
warranted.
Regarding the comment about adequate enforcement and falsified
reporting, NMFS takes enforcement of these regulations seriously. If
suspected illegal activities are observed in any fishery and/or region,
specific information regarding such incidents can be reported to NOAA
Office of Law Enforcement Division (https://www.nmfs.noaa.gov/ole/)
through the national enforcement hotline at 1-800-853-1964. All
commercial shark landings and quotas are monitored with the HMS
electronic dealer reporting system, which has been in use since 2013.
This improvement in commercial quota monitoring technology and the
weekly reporting provides more information on each dealer transaction,
including all shark landings to the species level, and ensures that
quotas are not exceeded. Overall, this improvement helps with
monitoring of commercial landings of all shark species and with closing
management groups in an efficient and timely manner. In addition, NMFS
can verify and detect falsified reporting by dealers and fishermen by
cross-checking dealer reports to fishermen's logbooks.
Regarding comments that requested a closure of all sharks fisheries
or that raised concerns regarding the scientific justification of the
range of allowable retention limits adopted in an earlier rulemaking
(Amendment 6 to the 2006 Consolidated HMS FMP) and the mortality of
prohibited sharks and other bycatch, the comments are outside the scope
of this rulemaking because the purpose of this rulemaking is to adjust
quotas for the 2018 shark seasons based on over- and underharvests from
the previous years and set opening dates and commercial retention
limits for the 2018 shark seasons. The quotas and general management
measures were established in previous rulemakings, which were the final
rules to implement Amendment 2 to the 2006 Consolidated HMS FMP (73 FR
35778, June 24, 2008; corrected on 73 FR 40658; July 15, 2008),
Amendment 5a to the 2006 Consolidated HMS FMP (78 FR 40318; July 3,
2013), Amendment 6 to the 2006 Consolidated HMS FMP (80 FR 50073;
August 18, 2015), Amendment 9 to the 2006 Consolidated HMS FMP (80 FR
73128; November 24, 2015), and Amendment 5b to the 2006 Consolidated
HMS FMP (82 FR 16478; April 4, 2017). In Amendment 6 to the 2006
Consolidated HMS FMP, NMFS analyzed, among other things, the impacts
and justification for increasing the LCS retention limit to a maximum
of 55 LCS other than sandbar sharks per vessel per trip. In Amendment
5b to the 2006 Consolidated HMS FMP, NMFS implemented management
measures to end overfishing of dusky sharks, which is a prohibited
species, and clarified the annual catch limits (ACLs) for the
prohibited shark species complex. Management of the Atlantic shark
fisheries is based on the best available science to achieve optimum
yield while rebuilding overfished shark stocks and preventing
overfishing.
Regarding the concerns about shark finning, the United States by
federal law has prohibited shark finning since 2000. The Shark Finning
Prohibition Act of 2000 amended the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) to prohibit any
person under U.S. jurisdiction from engaging in the finning of sharks,
possessing shark fins aboard a fishing vessel without the corresponding
carcass, or landing shark fins without the corresponding carcass. Since
2008 in Atlantic HMS fisheries and then in 2011 nationally via the
Shark Conservation Act, fishermen have been required to land sharks
with fins
[[Page 55515]]
naturally attached, with one narrow exception related to smooth dogfish
so long as certain requirements are met (see Amendment 9 to the 2006
Consolidated HMS FMP).
Regarding the concerns about violating international agreements,
NMFS management of the Atlantic shark fisheries is undertaken
consistent with applicable international agreements and both
international and domestic legal requirements are considered in our
development of FMPs. NMFS continues to work with the International
Commission for the Conservation of Atlantic Tunas (ICCAT) and other
international entities such as CITES to appropriately and effectively
manage the stocks throughout their range. Although the commenter did
not specify the international agreement provisions about which they
were concerned, there are no international agreement provisions that
would directly affect the actions undertaken in this rulemaking related
to LCS and SCS quotas, allocations, or fishing mortality levels. NMFS
will continue to work with the international community to promote
conservation in fisheries that span international jurisdictions.
Changes From the Proposed Rule
NMFS made one change to the proposed rule. Specifically, NMFS
changed the retention limit for directed shark limited access permit
holders at the start of the commercial shark fishing season for the
blacktip, aggregated LCS, and hammerhead shark management groups in the
eastern Gulf of Mexico region from 50 LCS other than sandbar sharks per
vessel per trip to 45 LCS other than sandbar sharks per vessel per
trip. As explained above, NMFS changed the retention limit after
considering the ``opening commercial fishing season'' criteria (Sec.
635.27(b)(3)), public comment, and the 2017 landings data in order to
promote equitable fishing opportunities throughout the sub-region. We
clearly noted in the proposed rule that retention limits might change
in response to public comment, and this level is within the allowable
range and consistent with the range established in recent years. Thus,
the regulated community had sufficient notice of this possible change
between the proposed and final rule.
2018 Annual Quotas
This final rule adjusts the 2018 commercial quotas due to over-
and/or underharvests in 2017 and previous fishing seasons, based on
landings data through October 23, 2017. The 2018 annual quotas by
species and management group are summarized in Table 1. Any dealer
reports that are received by NMFS after October 23, 2017, will be used
to adjust the 2019 quotas, if necessary. A description of the quota
calculations is provided in the proposed rule and is not repeated here.
Any changes are described in the ``Changes from the Proposed Rule''
section.
Table 1--2018 Annual Quotas for the Atlantic Shark Fisheries
[All quotas and landings are dressed weight (dw), in metric tons (mt), unless specified otherwise. 1 mt dw = 2,204.6 lb dw]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2018 Final
Region or sub-region Management group 2017 Annual quota Preliminary 2017 Adjustments \2\ 2018 Baseline adjusted annual
landings \1\ annual quota quota
.................. (A)............... (B)............... (C)............... (D)............... (D + C)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Western Gulf of Mexico.......... Blacktip Sharks... 331.6 mt dw 206.6 mt dw 115.7 mt dw 231.5 mt dw 347.2 mt dw
(730,425 lb dw). (455,535 lb dw). (255,131 lb dw) (510,261 lb dw). (765,392 lb dw).
\3\.
Aggregated Large 72.0 mt dw 65.8 mt dw .................. 72.0 mt dw 72.0 mt dw
Coastal Sharks. (158,724 lb dw). (145,115 lb dw). (158,724 lb dw). (158,724 lb dw).
Hammerhead Sharks. 11.9 mt dw (26,301 2.5 mt dw (5,490 .................. 11.9 mt dw (26,301 11.9 mt dw (26,301
lb dw). lb dw). lb dw). lb dw).
Eastern Gulf of Mexico.......... Blacktip Sharks... 36.0 mt dw (79,359 24.9 mt dw (54,918 12.6 mt dw (27,719 25.1 mt dw (55,439 37.7 mt dw (83,158
lb dw). lb dw). lb dw) \3\. lb dw). lb dw).
Aggregated Large 85.5 mt dw 57.6 mt dw .................. 85.5 mt dw 85.5 mt dw
Coastal Sharks. (188,593 lb dw). (127,022 lb dw). (188,593 lb dw). (188,593 lb dw).
Hammerhead Sharks. 13.4 mt dw (29,421 6.8 mt dw (15,059 .................. 13.4 mt dw (29,421 13.4 mt dw (29,421
lb dw). lb dw). lb dw). lb dw).
Gulf of Mexico.................. Non-Blacknose 112.6 mt dw 49.4 mt dw .................. 112.6 mt dw 112.6 mt dw
Small Coastal (248,215 lb dw). (108,965 lb dw). (248,215 lb dw). (248,215 lb dw).
Sharks.
Smoothhound Sharks 504.6 mt dw 0 mt dw (0 lb dw). 168.2 mt dw 336.4 mt dw 504.6 mt dw
(1,112,441 lb dw). (370,814 lb dw). (741,627). (1,112,441 lb
dw).
Atlantic........................ Aggregated Large 168.9 mt dw 104.4 mt dw .................. 168.9 mt dw 168.9 mt dw
Coastal Sharks. (372,552 lb dw). (230,205 lb dw). (372,552 lb dw). (372,552 lb dw).
Hammerhead Sharks. 27.1 mt dw (59,736 7.9 mt dw (17,448 .................. 27.1 mt dw (59,736 27.1 mt dw (59,736
lb dw). lb dw). lb dw). lb dw).
Non-Blacknose 264.1 mt dw 92.9 mt dw .................. 264.1 mt dw 264.1 mt dw
Small Coastal (582,333 lb dw). (204,851 lb dw). (582,333 lb dw). (582,333 lb dw).
Sharks.
Blacknose Sharks 17.2 mt dw (37,921 7.0 mt dw (15,344 .................. 17.2 mt dw (37,921 17.2 mt dw (37,921
(South of 34[deg] lb dw). lb dw). lb dw). lb dw).
N. lat. only).
Smoothhound Sharks 1,802.6 mt dw 337.5 mt dw 600.9 mt dw 1,201.7 mt dw 1,802.6 mt dw
(3,973,902 lb dw). (744,146 lb dw). (1,324,634 lb dw). (2,649,268 lb dw). (3,973,902 lb
dw).
No regional quotas.............. Non-Sandbar LCS 50.0 mt dw 12.2 mt dw (26,913 .................. 50.0 mt dw 50.0 mt dw
Research. (110,230 lb dw). lb dw). (110,230 lb dw). (110,230 lb dw).
Sandbar Shark 90.7 mt dw 45.8 mt dw .................. 90.7 mt dw 90.7 mt dw
Research. (199,943 lb dw). (100,982 lb dw). (199,943 lb dw). (199,943 lb dw).
[[Page 55516]]
Blue Sharks....... 273.0 mt dw < 2.3 mt dw (< .................. 273.0 mt dw 273.0 mt dw
(601,856 lb dw). 5,000 lb dw). (601,856 lb dw). (601,856 lb dw).
Porbeagle Sharks.. 1.7 mt dw (3,748 0 mt dw (0 lb dw). .................. 1.7 mt dw (3,748 1.7 mt dw (3,748
lb dw). lb dw). lb dw).
Pelagic Sharks 488.0 mt dw 91.5 mt dw .................. 488.0 mt dw 488.0 mt dw
Other Than (1,075,856 lb dw). (201,822 lb dw). (1,075,856 lb dw). (1,075,856 lb
Porbeagle or Blue. dw).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Landings are from January 1, 2017, through October 23, 2017, and are subject to change.
\2\ Underharvest adjustments can only be applied to stocks or management groups that are not overfished and have no overfishing occurring. Also, the
underharvest adjustments cannot exceed 50 percent of the baseline quota.
\3\ This adjustment accounts for underharvest in 2017. This final rule increases the overall Gulf of Mexico blacktip shark quota by 128.3 mt dw (282,850
lb dw). Since any underharvest is divided based on the sub-regional quota percentage split, the western Gulf of Mexico blacktip shark quota is
increased by 115.7 mt dw, or 90.2 percent of the underharvest, while the eastern Gulf of Mexico blacktip shark quota is increased by 12.6 mt dw, or
9.8 percent of the underharvest.
Fishing Season Notification for the 2018 Atlantic Commercial Shark
Fishing Seasons
NMFS considered the seven ``opening commercial fishing season''
criteria listed in Sec. 635.27(b)(3), as discussed above and as
described in the proposed rule (82 FR 39735; August 22, 2017). These
include, among other things: The available annual quotas based on any
over- and/or underharvests experienced during the previous seasons; the
estimated season length based on available quotas and catch rates from
previous years; the length of the season in the previous years and
whether fishermen were able to participate in the fishery in those
years; and 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
and/or management quotas.
Regarding the LCS retention limit, as shown in Table 2, for
directed shark limited access permit holders, the Gulf of Mexico
blacktip shark, aggregated LCS, and hammerhead shark management groups
will start the commercial fishing season at 45 LCS other than sandbar
sharks per vessel per trip, and the Atlantic aggregated LCS and
hammerhead shark management groups will start the commercial fishing
season at 25 LCS other than sandbar sharks per vessel per trip. These
retention limits could be changed throughout the year based on
consideration of the inseason trip limit adjustment criteria at 50 CFR
635.24(a)(8). In the Atlantic region specifically, as described above,
NMFS will closely monitor the quota at the beginning of the year. If it
appears that either the quota for the Atlantic aggregated LCS or the
hammerhead shark management groups is being harvested too quickly to
allow fishermen throughout the entire region an opportunity to fish
(e.g., if approximately 20 percent of the quota is caught at the
beginning of the year), NMFS will consider reducing the commercial
retention limit, then consider raising it later in the season. Based on
prior years' fishing activity, to allow more consistent fishing
opportunities later in the year, NMFS anticipates considering raising
the commercial retention limit to the default limit of 36 LCS other
than sandbar sharks per vessel per trip around July 15, 2018.
All of the shark management groups will remain open until December
31, 2018, or until NMFS determines that the fishing season landings for
any shark management group has reached, or is projected to reach, 80
percent of the available quota; however, consistent with Sec.
635.28(b)(5), NMFS may close the Gulf of Mexico blacktip shark
management group before landings reach, or are expected to reach, 80
percent of the quota. Additionally, NMFS has previously established
non-linked and linked quotas; linked quotas are explicitly designed to
concurrently close multiple shark management groups that are caught
together to prevent incidental catch mortality from exceeding the total
allowable catch. The linked and non-linked quotas are shown in Table 2.
NMFS will file for publication with the Office of the Federal Register
a notice of closure for that shark species, shark management group
including any linked quotas, 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 the publication of a notice in
the Federal Register, that additional quota is available and the season
is reopened, the fisheries for the shark species or management group
are closed, even across fishing years.
Table 2--Quota Linkages, Season Opening Dates, and Commercial Retention Limit by Regional or Sub-Regional Shark
Management Group
----------------------------------------------------------------------------------------------------------------
Commercial retention limits
for directed shark limited
Region or sub-region Management Quota linkages Season opening access permit holders
group dates (inseason adjustments are
available)
----------------------------------------------------------------------------------------------------------------
Eastern Gulf of Mexico....... Blacktip Sharks Not Linked..... January 1, 2018 45 LCS other than sandbar
sharks per vessel per trip.
Aggregated Linked.........
Large Coastal
Sharks.
[[Page 55517]]
Hammerhead
Sharks.
Western Gulf of Mexico....... Blacktip Sharks Not Linked..... January 1, 2018 45 LCS other than sandbar
sharks per vessel per trip.
Aggregated Linked.........
Large Coastal
Sharks.
Hammerhead
Sharks.
Gulf of Mexico............... Non-Blacknose Not Linked..... January 1, 2018 N/A.
Small Coastal
Sharks.
Atlantic..................... Aggregated Linked......... January 1, 2018 25 LCS other than sandbar
Large Coastal sharks per vessel per trip.
Sharks. [If quota is landed quickly
(e.g., if approximately 20
percent of quota is caught at
the beginning of the year),
NMFS anticipates considering
an inseason reduction (e.g.,
to 3 or fewer LCS other than
sandbar sharks per vessel per
trip), and later considering
an inseason increase to 36
LCS other than sandbar sharks
per vessel per trip around
July 15, 2018]
Hammerhead
Sharks.
Non-Blacknose Linked (South January 1, 2018 N/A.
Small Coastal of 34[deg] N.
Sharks. lat. only).
Blacknose
Sharks (South
of 34[deg] N.
lat. only).
No regional quotas........... Non-Sandbar LCS Linked......... January 1, 2018 N/A.
Research.
Sandbar Shark
Research.
Blue Sharks.... Not Linked..... January 1, 2018 N/A.
Porbeagle
Sharks.
Pelagic Sharks
Other Than
Porbeagle or
Blue.
----------------------------------------------------------------------------------------------------------------
Classification
The NMFS Assistant Administrator has determined that the final rule
is consistent with the 2006 Consolidated HMS FMP and its amendments,
other provisions of the Magnuson-Stevens Act, and other applicable law.
This final rule is exempt from review under Executive Order 12866.
In compliance with section 604 of the Regulatory Flexibility Act
(RFA), NMFS prepared a Final Regulatory Flexibility Analysis (FRFA) for
this final rule. The FRFA analyzes the anticipated economic impacts of
the final actions and any significant economic impacts on small
entities. The FRFA is below.
Section 604(a)(1) of the RFA requires an explanation of the purpose
of the rulemaking. The purpose of this final rulemaking is, consistent
with the Magnuson-Stevens Act and the 2006 Consolidated HMS FMP and its
amendments, to establish the 2018 Atlantic commercial shark fishing
quotas, retention limits, and fishing seasons. Without this rule, the
Atlantic commercial shark fisheries would close on December 31, 2017,
and would not reopen until another action was taken. This final rule
will be implemented according to the regulations implementing the 2006
Consolidated HMS FMP and its amendments. Thus, NMFS expects few, if
any, economic impacts to fishermen other than those already analyzed in
the 2006 Consolidated HMS FMP and its amendments. While there may be
some direct negative economic impacts associated with the opening dates
for fishermen in certain areas, there could also be positive effects
for other fishermen in the region. The opening dates were chosen to
allow for an equitable distribution of the available quotas among all
fishermen across regions and states, to the extent practicable.
Section 604(a)(2) of the RFA requires NMFS to summarize significant
issues raised by the public in response to the Initial Regulatory
Flexibility Analysis (IRFA), provide a summary of NMFS' assessment of
such issues, and provide a statement of any changes made as a result of
the comments. The IRFA was done as part of the proposed rule for the
2018 Atlantic Commercial Shark Season Specifications. NMFS did not
receive any comments specific to the IRFA. However, NMFS received
comments related to the overall economic impacts of the proposed rule,
and those comments and NMFS' assessment of and response to them are
summarized previously in the preamble (see Comment 1). As described in
the responses to those comments relating to the season opening dates,
consistent with Sec. 635.27(b)(3), the opening date for all of the
commercial shark fisheries will be implemented as proposed (January 1,
2018).
[[Page 55518]]
Section 604(a)(3) of the RFA requires NMFS to provide an estimate
of the number of small entities to which the rule would apply. The
Small Business Administration (SBA) has established size criteria for
all major industry sectors in the United States, including fish
harvesters. Provision is made under SBA's regulations for an agency to
develop its own industry-specific size standards after consultation
with Advocacy and an opportunity for public comment (see 13 CFR
121.903(c)). Under this provision, NMFS may establish size standards
that differ from those established by the SBA Office of Size Standards,
but only for use by NMFS and only for the purpose of conducting an
analysis of economic effects in fulfillment of the agency's obligations
under the RFA. To utilize this provision, NMFS must publish such size
standards in the Federal Register (FR), which NMFS did on December 29,
2015 (80 FR 81194, December 29, 2015). In this final rule effective on
July 1, 2016, NMFS established a small business size standard of $11
million in annual gross receipts for all businesses in the commercial
fishing industry (NAICS 11411) for RFA compliance purposes (80 FR
81194, December 29, 2015). NMFS considers all HMS permit holders to be
small entities because they had average annual receipts of less than
$11 million for commercial fishing.
As of October 2017, the final rule would apply to the approximately
222 directed commercial shark permit holders, 269 incidental commercial
shark permit holders, 148 smoothhound shark permit holders, and 113
commercial shark dealers. Not all permit holders are active in the
fishery in any given year. Active directed commercial shark permit
holders are defined as those with valid permits that landed one shark
based on HMS electronic dealer reports. Of the 491 directed and
incidental commercial shark permit holders, only 36 permit holders
landed sharks in the Gulf of Mexico region and only 97 landed sharks in
the Atlantic region. Of the 148 smoothhound shark permit holders, only
77 permit holders landed smoothhound sharks in the Atlantic region and
none landed smoothhound sharks in the Gulf of Mexico region. NMFS has
determined that the final rule would not likely affect any small
governmental jurisdictions.
Section 604(a)(4) of the RFA requires NMFS to describe the
projected reporting, recordkeeping, and other compliance requirements
of the final rule, including an estimate of the classes of small
entities which would be subject to the requirements of the report or
record. None of the actions in this final rule would result in
additional reporting, recordkeeping, or compliance requirements beyond
those already analyzed in the 2006 Consolidated HMS FMP and its
amendments.
Section 604(a)(5) of the RFA requires NMFS to describe the steps
taken to minimize the economic impact on small entities, consistent
with the stated objectives of applicable statutes. Additionally, the
RFA (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 that would accomplish the
stated objectives of applicable statutes and minimize any significant
economic impact of the rule on small entities. 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, or any part thereof, for small entities.
In order to meet the objectives of this rule, consistent with the
Magnuson-Stevens Act, NMFS cannot exempt small entities or change the
reporting requirements only for small entities because all the entities
affected are small entities. Thus, there are no alternatives discussed
that fall under the first, second, and fourth categories described
above. 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; therefore, there
are no alternatives considered under the third category.
This rulemaking does not establish management measures to be
implemented, but rather implements previously adopted and analyzed
measures as adjustments, as specified in the 2006 Consolidated HMS FMP
and its amendments and the Environmental Assessment (EA) for the 2011
shark quota specifications rule (75 FR 76302; December 8, 2010). Thus,
in this rulemaking, NMFS adjusted the baseline quotas established and
analyzed in the 2006 Consolidated HMS FMP and its amendments by
subtracting the underharvest or adding the overharvest, as specified
and allowable in existing regulations. Under current regulations (Sec.
635.27(b)(2)), all shark fisheries close on December 31 of each year,
or when NMFS determines that the fishing season landings for any shark
management group has reached, or is projected to reach, 80 percent of
the available quota, and do not open until NMFS takes action, such as
this rulemaking to re-open the fisheries. Thus, not implementing these
management measures would negatively affect shark fishermen and related
small entities, such as dealers, and also would not provide management
flexibility in furtherance of equitable fishing opportunities, to the
extent practicable, for commercial shark fishermen in all regions and
areas.
Based on the 2016 ex-vessel price, fully harvesting the unadjusted
2018 Atlantic shark commercial baseline quotas could result in total
fleet revenues of $7,779,285 (see Table 3). For the Gulf of Mexico
blacktip shark management group, NMFS will increase the baseline sub-
regional quotas due to the underharvests in 2017. The increase for the
western Gulf of Mexico blacktip shark management group would result in
a $218,647 gain in total revenues for fishermen in that sub-region,
while the increase for the eastern Gulf of Mexico blacktip shark
management group would result in a $32,902 gain in total revenues for
fishermen in that sub-region. For the Gulf of Mexico and Atlantic
smoothhound shark management groups, NMFS will increase the baseline
quotas due to the underharvest in 2017. This would cause a potential
gain in revenue of $581,718 for the fleet in the Gulf of Mexico region
and a potential gain in revenue of $1,084,557 for the fleet in the
Atlantic region.
All of these changes in gross revenues are similar to the changes
in gross revenues analyzed in the 2006 Consolidated HMS FMP and its
amendments. The FRFAs for those amendments concluded that the economic
impacts on these small entities are expected to be minimal. In the 2006
Consolidated HMS FMP and its amendments and the EA for the 2011 shark
quota specifications rule, NMFS stated it would be conducting annual
rulemakings and considering the potential economic impacts of adjusting
the quotas for under- and overharvests at that time.
[[Page 55519]]
Table 3--Average Ex-Vessel Prices per lb dw for Each Shark Management Group, 2016
----------------------------------------------------------------------------------------------------------------
Average ex- Average ex-
Region Species vessel meat vessel fin
price price
----------------------------------------------------------------------------------------------------------------
Western Gulf of Mexico................ Blacktip Shark.......................... $0.56 $11.00
Aggregated LCS.......................... 0.52 11.06
Hammerhead Shark........................ 0.83 11.08
Eastern Gulf of Mexico................ Blacktip Shark.......................... 0.89 10.67
Aggregated LCS.......................... 0.56 11.23
Hammerhead Shark........................ 0.25 15.95
Gulf of Mexico........................ Non-Blacknose SCS....................... 0.38 8.68
Smoothhound Shark....................... 1.50 1.91
Atlantic.............................. Aggregated LCS.......................... 0.79 5.54
Hammerhead Shark........................ 0.38 5.73
Non-Blacknose SCS....................... 0.71 2.92
Blacknose Shark......................... 0.98 2.92
Smoothhound Shark....................... 0.75 1.91
No Region............................. Shark Research Fishery (Aggregated LCS). 0.70 9.47
Shark Research Fishery (Sandbar only)... 0.68 9.47
Blue shark.............................. 0.75 3.58
Porbeagle shark *....................... 1.54 3.58
Other Pelagic sharks.................... 1.54 3.58
----------------------------------------------------------------------------------------------------------------
* Used other pelagic shark ex-vessel prices for porbeagle sharks ex-vessel prices since there currently are no
landings of porbeagle sharks.
For this final rule, NMFS reviewed the ``opening commercial fishing
season'' criteria at Sec. 635.27(b)(3)(i) through (vii) to determine
when opening each fishery will provide equitable opportunities for
fishermen while also considering the ecological needs of the different
species. Over- and/or underharvests of 2017 and previous fishing season
quotas were examined for the different species/complexes to determine
the effects of the 2018 final quotas on fishermen across regional
fishing areas. The potential season lengths and previous catch rates
were examined to ensure that equitable fishing opportunities would be
provided to fishermen. Lastly, NMFS examined the seasonal variation of
the different species/complexes and the effects on fishing
opportunities. In addition to these criteria, NMFS also considered
updated landings data and public comments on the proposed rule before
arriving at the final opening dates for the 2018 Atlantic shark
management groups. For the 2018 fishing season, NMFS is opening the
shark management groups on January 1, 2018. The direct and indirect
economic impacts will be neutral on a short- and long-term basis for
the Gulf of Mexico blacktip shark, Gulf of Mexico aggregated LCS, Gulf
of Mexico hammerhead shark, Gulf of Mexico non-blacknose shark SCS,
Atlantic non-blacknose shark SCS, Atlantic blacknose shark, sandbar
shark, blue shark, porbeagle shark, and pelagic shark (other than
porbeagle or blue sharks) management groups, because NMFS did not
change the opening dates of these fisheries from the status quo of
January 1.
Opening the aggregated LCS and hammerhead shark management groups
in the Atlantic region on January 1 will result in short-term, direct,
moderate, beneficial economic impacts, as fishermen and dealers in the
southern portion of the Atlantic region will be able to fish for and
sell aggregated LCS and hammerhead sharks starting in January. These
fishermen will be able to fish earlier in the 2018 fishing season
compared to the 2010, 2011, 2012, 2014, and 2015 fishing seasons, which
did not start until June or July. The opening date and retention limits
finalized in this rule for the Atlantic region are the same as those
for the current season and similar to those for the 2016 and 2017
seasons. For both 2016 and 2017, the fishery remained open all year
with some modifications to the retention limit throughout the year.
Based on public comment on past season rules, some Atlantic
fishermen in the southern and northern parts of the region prefer a
January 1 opening for the fishery as long as the majority of the quota
is available later in the year. With the implementation of the HMS
electronic reporting system in 2013, NMFS now monitors the quota on a
more real-time basis compared to the paper reporting system that was in
place before 2013. This ability, along with the inseason retention
limit adjustment criteria in Sec. 635.24(a)(8), allows NMFS the
flexibility to further provide equitable fishing opportunities for
fishermen across all regions, to the extent practicable. Depending on
how quickly the quota is being harvested, as was done in 2016 and 2017,
NMFS will consider reducing the commercial retention limit, then
consider raising it later in the season to ensure that fishermen
farther north have sufficient quota for a fishery later in the 2018
fishing season. The direct impacts to shark fishermen in the Atlantic
region of reducing the trip limit depend on the needed reduction in the
trip limit and the timing of such a reduction. Therefore, such a
reduction in the trip limit for directed shark limited access permit
holders 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 northern portion of the Atlantic region, a January 1 opening
for the aggregated LCS and hammerhead shark management groups, with
inseason trip limit adjustments to ensure quota is available later in
the season, will have direct, minor, beneficial economic impacts in the
short-term for fishermen as they will potentially have access to the
aggregated LCS and hammerhead shark quotas earlier than in past
seasons. Fishermen in this area have stated that, depending on the
weather, some aggregated LCS species might be available to retain in
January. Thus, fishermen will be able to target or retain aggregated
LCS while targeting non-blacknose SCS. There will 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 region
as they will also have access to aggregated LCS products earlier than
in past seasons. Thus, opening the aggregated LCS and hammerhead shark
management groups
[[Page 55520]]
in January and using inseason trip limit adjustments to ensure the
fishery is open later in the year in 2018 will cause beneficial
cumulative economic impacts, because it allows for a more equitable
distribution of the quotas among constituents in this region,
consistent with the 2006 Consolidated HMS FMP and its amendments.
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, NMFS has prepared a listserv summarizing
fishery information and regulations for Atlantic shark fisheries for
2018. This listserv also serves as the small entity compliance guide.
Copies of the compliance guide are available from NMFS (see ADDRESSES).
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
Dated: November 15, 2017.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2017-25203 Filed 11-21-17; 8:45 am]
BILLING CODE 3510-22-P
