Emergency Measures To Address Overfishing of Atlantic Shortfin Mako Shark, 8946-8950 [2018-04262]

Download as PDF 8946 Federal Register / Vol. 83, No. 42 / Friday, March 2, 2018 / Rules and Regulations daltland on DSKBBV9HB2PROD with RULES alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, and other advantages; distributive impacts; and equity). Executive Order 13563 (Improving Regulation and Regulatory Review) emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. Executive Order 12866 (Regulatory Planning and Review) defines a ‘‘significant regulatory action’’ requiring review by OMB, unless OMB waives such review, as ‘‘any regulatory action that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in this Executive Order.’’ The economic, interagency, budgetary, legal, and policy implications of this regulatory action have been examined, and it has been determined not to be a significant regulatory action under Executive Order 12866. VA’s impact analysis can be found as a supporting document at https://www.regulations.gov, usually within 48 hours after the rulemaking document is published. Additionally, a copy of the rulemaking and its impact analysis are available on VA’s website at https://www.va.gov/orpm/, by following the link for ‘‘VA Regulations Published From FY 2004 Through Fiscal Year to Date.’’ This rule is not an Executive Order 13771 regulatory action because this rule is not significant under Executive Order 12866. such effect on state, local, and tribal governments, or on the private sector. Unfunded Mandates The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 1532, that agencies prepare an assessment of anticipated costs and benefits before issuing any rule that may result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation) in any one year. This final rule will have no The Secretary of Veterans Affairs, or designee, approved this document and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs. Gina S. Farrisee, Deputy Chief of Staff, Department of Veterans Affairs, approved this document on February 23, 2018, for publication. VerDate Sep<11>2014 16:25 Mar 01, 2018 Jkt 244001 Paperwork Reduction Act This final rule contains no provisions constituting a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3521). Regulatory Flexibility Act The Regulatory Flexibility Act, 5 U.S.C. 601 et seq. (RFA), imposes certain requirements on Federal agency rules that are subject to the notice and comment requirements of the Administrative Procedure Act (APA), 5 U.S.C. 553(b). This final rule is exempt from the notice and comment requirements of the APA because the 2015 Act directed the Department to issue the annual adjustments without regard to section 553 of the APA. Therefore, the requirements of the RFA applicable to notice and comment rulemaking do not apply to this rule. Accordingly, the Department is not required either to certify that the final rule would not have a significant economic impact on a substantial number of small entities or to conduct a regulatory flexibility analysis. Catalog of Federal Domestic Assistance The Catalog of Federal Domestic Assistance number and title for the program affected by this document is 64.114, Veterans Housing Guaranteed and Insured Loans. Dated: February 23, 2018. Jeffrey Martin, Impact Analyst, Office of Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs. For the reasons stated in the preamble, the Department of Veterans Affairs amends 38 CFR parts 36 and 42 as set forth below: PART 36—LOAN GUARANTY 1. The authority citation for part 36 continues to read as follows: ■ Authority: 38 U.S.C. 501 and 3720. § 36.4340 [Amended] 2. In § 36.4340, amend paragraphs (k)(1)(i) introductory text and (k)(3) by removing ‘‘$21,563’’ and adding, in its place, ‘‘$22,363.’’ ■ PART 42—STANDARDS IMPLEMENTING THE PROGRAM FRAUD CIVIL REMEDIES ACT 3. The authority citation for part 42 continues to read as follows: ■ Authority: Pub. L. 99–509, secs. 6101– 6104, 100 Stat. 1874, codified at 31 U.S.C. 3801–3812. § 42.3 [Amended] 4. In § 42.3, amend paragraphs (a)(1)(iv) and (b)(1)(ii) by removing ‘‘$10,781’’ and adding, in its place, ‘‘$11,181.’’ ■ [FR Doc. 2018–04241 Filed 3–1–18; 8:45 am] BILLING CODE 8320–01–P List of Subjects 38 CFR Part 36 DEPARTMENT OF COMMERCE Condominiums, Housing, Individuals with disabilities, Loan programs— housing and community development, Loan programs—Veterans, Manufactured homes, Mortgage insurance, Reporting and recordkeeping requirements, Veterans. National Oceanic and Atmospheric Administration 38 CFR Part 42 Emergency Measures To Address Overfishing of Atlantic Shortfin Mako Shark Administrative practice and procedure, Claims, Fraud, Penalties. Signing Authority PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 50 CFR Part 635 [Docket No. 180104009–8201–01] RIN 0648–BH49 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Interim final rule, emergency action; request for comments. AGENCY: NMFS is taking emergency action through this interim final rule, in response to a new stock assessment for North Atlantic shortfin mako sharks to implement measures required by International Commission for the Conservation of Atlantic Tunas (ICCAT) SUMMARY: E:\FR\FM\02MRR1.SGM 02MRR1 daltland on DSKBBV9HB2PROD with RULES Federal Register / Vol. 83, No. 42 / Friday, March 2, 2018 / Rules and Regulations Recommendation 17–08. Based on the results of the stock assessment, on December 13, 2017, NMFS determined the North Atlantic shortfin mako shark stock to be overfished, with overfishing occurring. The emergency management measures will reduce shortfin mako shark landings in commercial and recreational shark fisheries, with retention allowed only in certain limited circumstances. The emergency management measures are expected to meet the United States’ obligations in relation to ending overfishing, but are not expected to result in significant economic impacts. DATES: Effective March 2, 2018 through August 29, 2018. Comments must be received on May 7, 2018. A public hearing will be held at the Highly Migratory Species (HMS) Advisory Panel meeting on March 7, 2018, from 11 a.m.–12:15 p.m., EST. For specific location and webinar information, please see the SUPPLEMENTARY INFORMATION section of this document and the HMS AP meeting website at: https://www.fisheries.noaa.gov/event/ march-2018-hms-advisory-panelmeeting. ADDRESSES: Copies of the Environmental Assessment and other supporting documents for this emergency action are available from the HMS Management Division website at https://www.fisheries.noaa.gov/topic/ atlantic-highly-migratory-species. Written comments, identified by NOAA–NMFS–2018–0010, may be submitted to the HMS Management Division by either of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking portal. Go to www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20180010, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Submit written comments to NMFS, Highly Migratory Species Management Division, 1315 East-West Highway, Silver Spring, MD 20910. Mark the outside of the envelope ‘‘Comments on Atlantic Shortfin Mako Emergency Rule.’’ Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and generally will be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or VerDate Sep<11>2014 16:25 Mar 01, 2018 Jkt 244001 otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). FOR FURTHER INFORMATION CONTACT: Tobey Curtis at 978–281–9273 or Guy DuBeck or Lauren Latchford at 301– 427–8503. SUPPLEMENTARY INFORMATION: Background The North Atlantic shortfin mako shark (Isurus oxyrinchus) is a highly migratory species that ranges across the entire North Atlantic Ocean and is caught by fishermen from numerous countries. These sharks are a small but valued component of U.S. recreational and commercial shark fisheries, which are managed under the 2006 Consolidated Atlantic HMS Fishery Management Plan and its amendments. In recent years, U.S. catch represents only approximately 11 percent of the species’ total catch in the North Atlantic by all reporting countries. International measures are, therefore, critical to the species’ effective conservation and management. In August 2017, ICCAT’s Standing Committee on Research and Statistics (SCRS) conducted a new benchmark stock assessment on the North Atlantic shortfin mako stock. At its November 2017 annual meeting, ICCAT accepted this stock assessment and determined the stock to be overfished, with overfishing occurring. On December 13, 2017, based on this assessment, NMFS issued a status determination finding the stock to be overfished and experiencing overfishing using domestic criteria. The assessment specifically indicated that biomass (B2015) is substantially less than the biomass at maximum sustainable yield (BMSY) for eight of the nine models used for the assessment (B2015/BMSY = 0.57–0.85). In the ninth model, spawning stock fecundity (SSF) was less than SSFMSY (SSF2015/SSFMSY = 0.95). Additionally, the assessment indicated that fishing mortality (F2015) was greater than FMSY (1.93–4.38), with a combined 90-percent probability from all models that the population is overfished, with overfishing occurring. The 2017 assessment estimated that total North Atlantic shortfin mako catches across all ICCAT parties are currently between 3,600 and 4,750 mt per year, and that total catches would have to be at 1,000 mt or below (72–79 percent reductions) to prevent further population declines and that catches of 500 t or less currently are expected to PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 8947 stop overfishing and begin to rebuild the stock. The projections indicate that a total allowable catch of 0 mt would produce a greater than 50 percent probability of rebuilding the stock by the year 2040, which is approximately equal to one mean generation time. Research indicates that post-release survival rates of Atlantic shortfin mako sharks are high (70 percent); however, the assessment could not determine if requiring live releases alone would reduce landings sufficiently to end overfishing and rebuild the stock. Based on this information, ICCAT adopted new management measures for Atlantic shortfin mako (Recommendation 17–08), which the United States must implement as necessary and appropriate under the Atlantic Tunas Convention Act. These measures largely focus on maximizing live releases of Atlantic shortfin mako sharks, allowing retention only in certain limited circumstances, increasing minimum size limits, and improving data collection in ICCAT fisheries. In November 2018, ICCAT will review the catches from the first six months of 2018 and decide whether these measures should be modified. In 2019, the SCRS will evaluate the effectiveness of these measures in ending overfishing and beginning to rebuild the stock. SCRS will also provide rebuilding information that reflects rebuilding timeframes of at least two mean generation times. Also in 2019, ICCAT will establish a rebuilding plan that will have a high probability of avoiding overfishing and rebuilding the stock to BMSY within a timeframe that takes into account the biology of the stock. Emergency Management Measures NMFS is implementing emergency measures in HMS recreational and commercial fisheries consistent with Recommendation 17–08 to address overfishing and to provide meaningful information reflective of the new measures for the six-month reporting requirement in the Recommendation. Management measures in the emergency rule are as follows: • Commercial fishermen on vessels deploying pelagic longline gear, which are required to have a functional electronic monitoring system on board under current regulations, must release all live shortfin mako sharks with a minimum of harm, while giving due consideration to the safety of crew members. Commercial fishermen using pelagic longline gear can only retain a shortfin mako shark if it is dead at haulback. E:\FR\FM\02MRR1.SGM 02MRR1 8948 Federal Register / Vol. 83, No. 42 / Friday, March 2, 2018 / Rules and Regulations • Commercial fishermen using gear other than pelagic longline commercial gear (e.g., bottom longline, gillnet, handgear, etc.) must release all shortfin mako sharks, whether they are dead or alive. • Recreational fishermen (fishermen with HMS Angling or Charter/Headboat permits, and fishermen with Atlantic Tunas General category and Swordfish General Commercial permits when participating in a registered HMS tournament) must release any shortfin mako sharks smaller than the minimum size of 83 inches (210 cm) fork length (FL). This minimum size is an increase from the current minimum size of 54 inches FL. This measure is more conservative than what was specifically recommended in Recommendation 17– 08, which suggested separate minimum size limits for males (180 cm FL) and females (210 cm FL). NMFS is implementing a single minimum size limit of 83 inches (210 cm) FL due to recent analyses conducted by NMFS (but were not available during the ICCAT meeting) that indicate the lower minimum size limit for males would not sufficiently reduce total shortfin mako shark landings to levels that the stock assessment estimates are required to end overfishing (refer to the EA; see ADDRESSES). Furthermore, confirming the sex of a large and potentially active shortfin mako shark prior to its landing can be challenging for fishermen and may have safety implications. Therefore, a single minimum size limit for the species is simpler to implement and enforce, and is more consistent with the objectives of this action. NMFS is soliciting public comment on this interim final rule and will take into consideration any comments received and any testimony at the public hearing, as it evaluates whether any modifications to the emergency measures are needed. These emergency measures will be effective until August 29, 2018, with a possible extension of up to an additional 186 days. These measures will be replaced by long-term measures, which will be considered through notice and comment rulemaking for an upcoming fishery management plan amendment, accompanied by an Environmental Impact Statement (EIS). The Notice of Intent to Prepare an Environmental Impact Statement for that fishery management plan amendment will publish in the same issue of the Federal Register as this interim final rule. These emergency measures are expected to reduce shortfin mako landings in the HMS commercial fisheries and the ex-vessel revenues from those landings by approximately 75 percent. Thus, the commercial fisheries could cumulatively experience revenue losses of approximately $281,000 per year, 97 percent of which would be lost by the pelagic longline fishery. Lost revenues would have greater social and economic impacts on fishing communities with higher shortfin mako shark landings, including Wanchese, NC, Fairhaven/New Bedford, MA, and Barnegat Light, NJ. Shortfin mako sharks are a minor source of economic revenue to the overall HMS commercial fishery, but may be an important source of seasonal revenue to some individual fishermen. The socioeconomic impacts associated with these reductions in revenue are not expected be significant overall, however, as shortfin mako sharks comprise less than 1 percent of total exvessel revenues in the pelagic longline fishery on average, and an even smaller fraction of total fisheries revenues in the potentially-affected fishing communities. Therefore, socioeconomic impacts on the commercial fishery are expected to be slightly negative. These emergency measures would also reduce recreational landings of shortfin mako sharks by approximately 83 percent. However, as catch-andrelease practices would still be permitted, a significant reduction in recreational fishing or charter/headboat activity is not expected. However, the reduced opportunities to catch and land a shortfin mako shark of legal size may slightly reduce demand and revenues for charters and tournaments that target this species. Approximately five percent of charter vessels and seven percent of headboat vessels in the U.S. Atlantic target pelagic sharks, including shortfin mako, with the majority of these businesses located off the northeast United States. According to NMFS Northeast Fisheries Science Center tournament data, the larger minimum size limit may not significantly limit the ability of tournaments to land shortfin mako sharks, because most of the largest shortfin mako sharks landed at tournaments in recent years have been above the 83 inches FL minimum size limit. However, it is likely that fewer vessels will be able to catch a shortfin mako shark of legal size, within or outside of tournaments. Therefore, the socioeconomic impacts associated with recreational shark fishing effort (fuel, bait, fishing supply expenditures, tournament participation, etc.) are expected to be slightly negative. Public Hearing Comments on this interim final rule may be submitted via https:// www.regulations.gov or mail, and comments may also be submitted at the public hearing. NMFS solicits comments on this interim final rule by May 7, 2018. During the comment period, NMFS will hold one public hearing for this interim final rule. TABLE 1—DATE, TIME, AND LOCATION OF THE UPCOMING PUBLIC HEARING Venue Date/time Meeting locations Location contact information Public Hearing .......................... March 7, 2018, 11 a.m.–12:15 p.m. Silver Spring, MD ................... HMS AP Meeting, Sheraton Silver Spring, 8777 Georgia Avenue, Silver Spring, MD 20910. daltland on DSKBBV9HB2PROD with RULES Classification This emergency interim final rule is promulgated pursuant to section 305(c) of the Magnuson-Stevens Act, and NMFS has determined that it is consistent with that Act and other applicable laws. NMFS policy guidelines for the use of emergency rules (August 21, 1997; 62 FR 44421) VerDate Sep<11>2014 16:25 Mar 01, 2018 Jkt 244001 specify the following three criteria that define what an emergency situation is: (1) The emergency results from recent, unforeseen events or recently discovered circumstances; (2) the emergency presents serious conservation or management problems in the fishery; and (3) if the emergency action is being implemented without prior public comment, the emergency PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 can be addressed through emergency regulations for which the immediate benefits outweigh the value of advance notice, public comment, and deliberative consideration of the impacts on participants to the same extent as would be expected under the normal rulemaking process. This action meets the NMFS guidelines and criteria for emergency E:\FR\FM\02MRR1.SGM 02MRR1 daltland on DSKBBV9HB2PROD with RULES Federal Register / Vol. 83, No. 42 / Friday, March 2, 2018 / Rules and Regulations rulemaking. The action is needed to address recently discovered circumstances including the 2017 ICCAT stock assessment and Recommendation 17–08 for North Atlantic shortfin mako shark in November and NMFS’s determination that the stock is overfished and overfishing is occurring in December (Criteria 1). The stock assessment conclusions differ significantly and unexpectedly from the most recent previous assessments, which had indicated that the stock was not overfished or experiencing overfishing. The new assessment indicates that dramatic immediate reductions in fishing mortality are needed to end overfishing of this stock, and this action is needed to address this serious conservation problem (Criteria 2). Finally, the immediate benefits to the shortfin mako shark resource and our need to meet obligations under the Magnuson-Stevens Act and Atlantic Tunas Convention Act outweigh the value of the advance notice and public comments provided under the normal rulemaking process (Criteria 3). Without an emergency rule to implement these measures, the reported U.S. catches at the end of the ICCAT six-month reporting period (ending at the end of June 2018) would reflect catches under the existing management practices and thus not reflect whether the new measures were effective to address overfishing. Any resulting action based on such information could disadvantage U.S. fishermen in the long-term. Pursuant to 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), the Assistant Administrator for Fisheries finds good cause to waive the otherwise applicable requirements for both notice-andcomment rulemaking and a 30-day delay in effectiveness for this interim final, emergency rule implementing North Atlantic shortfin mako shark management measures. The recent unforeseen circumstances described above, and need for expedient action, make it impracticable to provide prior notice-and-comment opportunity and a 30-day delay. The new stock assessment for Atlantic shortfin mako sharks was completed in August 2017 and accepted in November by ICCAT and December 2017 by NMFS, revealing that the North Atlantic shortfin mako shark stock is overfished, with overfishing occurring. ICCAT developed Recommendation 17– 08 at its annual meeting in November 2017, which the United States must implement as necessary and appropriate under the Atlantic Tunas Convention Act. It would be potentially harmful to the long-term sustainability of the VerDate Sep<11>2014 16:25 Mar 01, 2018 Jkt 244001 resource to implement these measures through notice-and-comment rulemaking because immediate reductions in fishing mortality are needed to address overfishing and begin to rebuild the stock and data will be reevaluated as soon as November 2018 to determine whether additional measures are needed. Unless the new measures are in place, they cannot be properly evaluated for effectiveness in the fall and ICCAT will not be able to determine whether additional measures are immediately needed. Additionally, affected fishing vessel owners should not require time to adjust to these regulations, as the regulations do not constitute substantive operational changes, such as changes to equipment that might require time for purchasing and installation, or changes to practices that might require special training. Here, the rule only affects the landing of a particular species, and thus vessel owners should be able to understand and implement the changes immediately. Furthermore, the agency requested voluntary implementation of these measures earlier this year, so fishermen have already been notified of these management changes. For the reasons outlined, NMFS finds it impracticable and contrary to the public interest to provide prior opportunity to comment on the Atlantic shortfin mako shark emergency measures. As noted above, NMFS is soliciting public comment on this interim final rule and will take into consideration any comments received and any testimony at the public hearing, as it evaluates whether any modifications to the emergency measures are needed. In addition, there will be multiple opportunities for public participation and notice-and-comment rulemaking as NMFS develops a longterm fishery management amendment to rebuild North Atlantic shortfin mako sharks. This action is being taken pursuant to the emergency provision of the Magnuson-Stevens Act and is exempt from OMB review. This rule is exempt from the otherwise applicable requirement of the Regulatory Flexibility Act to prepare a regulatory flexibility analysis because the rule is issued without opportunity for prior public comment. List of Subjects in 50 CFR Part 635 Fisheries, Fishing, Fishing vessels, Foreign relations, Imports, Penalties, Reporting and recordkeeping requirements, Treaties. PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 8949 Dated: February 27, 2018. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 635 is amended as follows: PART 635—ATLANTIC HIGHLY MIGRATORY SPECIES 1. The authority citation for part 635 continues to read as follows: ■ Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq. * * * * * 2. In § 635.20 suspend paragraph (e)(2) and add paragraphs (e)(6) and (7) to read as follows: ■ § 635.20 Size limits. * * * * * (e) * * * (6) All sharks, except as otherwise specified in this subsection below, landed under the recreational retention limits specified at § 635.22(c)(2) must be at least 54 inches (137 cm) FL. (7) All North Atlantic shortfin mako sharks landed under the recreational retention limits specified at § 635.22(c)(2) must be at least 83 inches (210 cm) fork length. * * * * * ■ 3. In § 635.21, add paragraphs (a)(4) and (c)(1)(iv) to read as follows: § 635.21 Gear operation and deployment restrictions. (a) * * * (4) Any person issued a commercial shark permit must release all shortfin mako sharks, alive or dead, caught on any gear other than pelagic longline gear. * * * * * (c) * * * (1) * * * (iv) Has pelagic longline gear on board, persons aboard that vessel are required to release unharmed, to the extent practicable, any shortfin mako shark that is alive at the time of haulback. Any shortfin mako shark that is dead at the time of haulback may be retained provided the electronic monitoring system is installed and functioning in accordance with § 635.9. * * * * * ■ 4. In § 635.24, suspend paragraphs (a)(4)(i) and (iii), and add paragraphs (a)(4)(v) and (vi) to read as follows: § 635.24 Commercial retention limits for sharks, swordfish, and BAYS tunas. * * * (a) * * * E:\FR\FM\02MRR1.SGM 02MRR1 * * 8950 Federal Register / Vol. 83, No. 42 / Friday, March 2, 2018 / Rules and Regulations daltland on DSKBBV9HB2PROD with RULES (4) * * * (v) A person who owns or operates a vessel that has been issued a directed shark LAP may retain, possess, or land pelagic sharks if the pelagic shark fishery is open per §§ 635.27 and 635.28. Shortfin mako sharks may only be retained by persons using pelagic longline gear, and only if each shark is dead at the time of haulback per § 635.21(c)(1). (vi) Consistent with paragraph (a)(4)(ii) of this section, a person who owns or operates a vessel that has been issued an incidental shark LAP may retain, possess, land, or sell no more than 16 SCS and pelagic sharks, VerDate Sep<11>2014 16:25 Mar 01, 2018 Jkt 244001 combined, per vessel per trip, if the respective fishery is open per §§ 635.27 and 635.28. Of those 16 SCS and pelagic sharks per vessel per trip, no more than 8 shall be blacknose sharks. Shortfin mako sharks may only be retained by persons using pelagic longline gear, and only if each shark is dead at the time of haulback per § 635.21(c)(1). * * * * * 5. In § 635.71, add paragraphs (d)(27) through (29) to read as follows: ■ § 635.71 * Prohibitions. * * (d) * * * PO 00000 Frm 00024 * * (27) Land a shortfin mako shark that was caught with gear other than pelagic longline as specified at § 635.21(a). (28) Retain, land, or possess a shortfin mako shark that was caught with pelagic longline gear and was alive at haulback as specified at § 635.21(c)(1). (29) As specified at § 635.21(c)(1), retain, land, or possess a shortfin mako shark that was caught with pelagic longline gear when the electronic monitoring system was not installed and functioning in accordance with the requirements at § 635.9. * * * * * [FR Doc. 2018–04262 Filed 3–1–18; 8:45 am] BILLING CODE 3510–22–P Fmt 4700 Sfmt 9990 E:\FR\FM\02MRR1.SGM 02MRR1

Agencies

[Federal Register Volume 83, Number 42 (Friday, March 2, 2018)]
[Rules and Regulations]
[Pages 8946-8950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04262]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 180104009-8201-01]
RIN 0648-BH49

Emergency Measures To Address Overfishing of Atlantic Shortfin
Mako Shark

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

ACTION: Interim final rule, emergency action; request for comments.

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SUMMARY: NMFS is taking emergency action through this interim final
rule, in response to a new stock assessment for North Atlantic shortfin
mako sharks to implement measures required by International Commission
for the Conservation of Atlantic Tunas (ICCAT)

[[Page 8947]]

Recommendation 17-08. Based on the results of the stock assessment, on
December 13, 2017, NMFS determined the North Atlantic shortfin mako
shark stock to be overfished, with overfishing occurring. The emergency
management measures will reduce shortfin mako shark landings in
commercial and recreational shark fisheries, with retention allowed
only in certain limited circumstances. The emergency management
measures are expected to meet the United States' obligations in
relation to ending overfishing, but are not expected to result in
significant economic impacts.

DATES: Effective March 2, 2018 through August 29, 2018. Comments must
be received on May 7, 2018. A public hearing will be held at the Highly
Migratory Species (HMS) Advisory Panel meeting on March 7, 2018, from
11 a.m.-12:15 p.m., EST. For specific location and webinar information,
please see the SUPPLEMENTARY INFORMATION section of this document and
the HMS AP meeting website at: https://www.fisheries.noaa.gov/event/march-2018-hms-advisory-panel-meeting.

ADDRESSES: Copies of the Environmental Assessment and other supporting
documents for this emergency action are available from the HMS
Management Division website at https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species.
Written comments, identified by NOAA-NMFS-2018-0010, may be
submitted to the HMS Management Division by either of the following
methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0010, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to NMFS, Highly Migratory
Species Management Division, 1315 East-West Highway, Silver Spring, MD
20910. Mark the outside of the envelope ``Comments on Atlantic Shortfin
Mako Emergency Rule.''
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and generally will be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).

FOR FURTHER INFORMATION CONTACT: Tobey Curtis at 978-281-9273 or Guy
DuBeck or Lauren Latchford at 301-427-8503.

SUPPLEMENTARY INFORMATION:

Background

The North Atlantic shortfin mako shark (Isurus oxyrinchus) is a
highly migratory species that ranges across the entire North Atlantic
Ocean and is caught by fishermen from numerous countries. These sharks
are a small but valued component of U.S. recreational and commercial
shark fisheries, which are managed under the 2006 Consolidated Atlantic
HMS Fishery Management Plan and its amendments. In recent years, U.S.
catch represents only approximately 11 percent of the species' total
catch in the North Atlantic by all reporting countries. International
measures are, therefore, critical to the species' effective
conservation and management.
In August 2017, ICCAT's Standing Committee on Research and
Statistics (SCRS) conducted a new benchmark stock assessment on the
North Atlantic shortfin mako stock. At its November 2017 annual
meeting, ICCAT accepted this stock assessment and determined the stock
to be overfished, with overfishing occurring. On December 13, 2017,
based on this assessment, NMFS issued a status determination finding
the stock to be overfished and experiencing overfishing using domestic
criteria. The assessment specifically indicated that biomass
(B2015) is substantially less than the biomass at maximum
sustainable yield (BMSY) for eight of the nine models used
for the assessment (B2015/BMSY = 0.57-0.85). In
the ninth model, spawning stock fecundity (SSF) was less than
SSFMSY (SSF2015/SSFMSY = 0.95).
Additionally, the assessment indicated that fishing mortality
(F2015) was greater than FMSY (1.93-4.38), with a
combined 90-percent probability from all models that the population is
overfished, with overfishing occurring.
The 2017 assessment estimated that total North Atlantic shortfin
mako catches across all ICCAT parties are currently between 3,600 and
4,750 mt per year, and that total catches would have to be at 1,000 mt
or below (72-79 percent reductions) to prevent further population
declines and that catches of 500 t or less currently are expected to
stop overfishing and begin to rebuild the stock. The projections
indicate that a total allowable catch of 0 mt would produce a greater
than 50 percent probability of rebuilding the stock by the year 2040,
which is approximately equal to one mean generation time. Research
indicates that post-release survival rates of Atlantic shortfin mako
sharks are high (70 percent); however, the assessment could not
determine if requiring live releases alone would reduce landings
sufficiently to end overfishing and rebuild the stock.
Based on this information, ICCAT adopted new management measures
for Atlantic shortfin mako (Recommendation 17-08), which the United
States must implement as necessary and appropriate under the Atlantic
Tunas Convention Act. These measures largely focus on maximizing live
releases of Atlantic shortfin mako sharks, allowing retention only in
certain limited circumstances, increasing minimum size limits, and
improving data collection in ICCAT fisheries. In November 2018, ICCAT
will review the catches from the first six months of 2018 and decide
whether these measures should be modified. In 2019, the SCRS will
evaluate the effectiveness of these measures in ending overfishing and
beginning to rebuild the stock. SCRS will also provide rebuilding
information that reflects rebuilding timeframes of at least two mean
generation times. Also in 2019, ICCAT will establish a rebuilding plan
that will have a high probability of avoiding overfishing and
rebuilding the stock to BMSY within a timeframe that takes
into account the biology of the stock.

Emergency Management Measures

NMFS is implementing emergency measures in HMS recreational and
commercial fisheries consistent with Recommendation 17-08 to address
overfishing and to provide meaningful information reflective of the new
measures for the six-month reporting requirement in the Recommendation.
Management measures in the emergency rule are as follows:
Commercial fishermen on vessels deploying pelagic longline
gear, which are required to have a functional electronic monitoring
system on board under current regulations, must release all live
shortfin mako sharks with a minimum of harm, while giving due
consideration to the safety of crew members. Commercial fishermen using
pelagic longline gear can only retain a shortfin mako shark if it is
dead at haulback.

[[Page 8948]]

Commercial fishermen using gear other than pelagic
longline commercial gear (e.g., bottom longline, gillnet, handgear,
etc.) must release all shortfin mako sharks, whether they are dead or
alive.
Recreational fishermen (fishermen with HMS Angling or
Charter/Headboat permits, and fishermen with Atlantic Tunas General
category and Swordfish General Commercial permits when participating in
a registered HMS tournament) must release any shortfin mako sharks
smaller than the minimum size of 83 inches (210 cm) fork length (FL).
This minimum size is an increase from the current minimum size of 54
inches FL. This measure is more conservative than what was specifically
recommended in Recommendation 17-08, which suggested separate minimum
size limits for males (180 cm FL) and females (210 cm FL). NMFS is
implementing a single minimum size limit of 83 inches (210 cm) FL due
to recent analyses conducted by NMFS (but were not available during the
ICCAT meeting) that indicate the lower minimum size limit for males
would not sufficiently reduce total shortfin mako shark landings to
levels that the stock assessment estimates are required to end
overfishing (refer to the EA; see ADDRESSES). Furthermore, confirming
the sex of a large and potentially active shortfin mako shark prior to
its landing can be challenging for fishermen and may have safety
implications. Therefore, a single minimum size limit for the species is
simpler to implement and enforce, and is more consistent with the
objectives of this action.
NMFS is soliciting public comment on this interim final rule and
will take into consideration any comments received and any testimony at
the public hearing, as it evaluates whether any modifications to the
emergency measures are needed. These emergency measures will be
effective until August 29, 2018, with a possible extension of up to an
additional 186 days. These measures will be replaced by long-term
measures, which will be considered through notice and comment
rulemaking for an upcoming fishery management plan amendment,
accompanied by an Environmental Impact Statement (EIS). The Notice of
Intent to Prepare an Environmental Impact Statement for that fishery
management plan amendment will publish in the same issue of the Federal
Register as this interim final rule.
These emergency measures are expected to reduce shortfin mako
landings in the HMS commercial fisheries and the ex-vessel revenues
from those landings by approximately 75 percent. Thus, the commercial
fisheries could cumulatively experience revenue losses of approximately
$281,000 per year, 97 percent of which would be lost by the pelagic
longline fishery. Lost revenues would have greater social and economic
impacts on fishing communities with higher shortfin mako shark
landings, including Wanchese, NC, Fairhaven/New Bedford, MA, and
Barnegat Light, NJ. Shortfin mako sharks are a minor source of economic
revenue to the overall HMS commercial fishery, but may be an important
source of seasonal revenue to some individual fishermen. The
socioeconomic impacts associated with these reductions in revenue are
not expected be significant overall, however, as shortfin mako sharks
comprise less than 1 percent of total ex-vessel revenues in the pelagic
longline fishery on average, and an even smaller fraction of total
fisheries revenues in the potentially-affected fishing communities.
Therefore, socioeconomic impacts on the commercial fishery are expected
to be slightly negative.
These emergency measures would also reduce recreational landings of
shortfin mako sharks by approximately 83 percent. However, as catch-
and-release practices would still be permitted, a significant reduction
in recreational fishing or charter/headboat activity is not expected.
However, the reduced opportunities to catch and land a shortfin mako
shark of legal size may slightly reduce demand and revenues for
charters and tournaments that target this species. Approximately five
percent of charter vessels and seven percent of headboat vessels in the
U.S. Atlantic target pelagic sharks, including shortfin mako, with the
majority of these businesses located off the northeast United States.
According to NMFS Northeast Fisheries Science Center tournament data,
the larger minimum size limit may not significantly limit the ability
of tournaments to land shortfin mako sharks, because most of the
largest shortfin mako sharks landed at tournaments in recent years have
been above the 83 inches FL minimum size limit. However, it is likely
that fewer vessels will be able to catch a shortfin mako shark of legal
size, within or outside of tournaments. Therefore, the socioeconomic
impacts associated with recreational shark fishing effort (fuel, bait,
fishing supply expenditures, tournament participation, etc.) are
expected to be slightly negative.

Public Hearing

Comments on this interim final rule may be submitted via https://www.regulations.gov or mail, and comments may also be submitted at the
public hearing. NMFS solicits comments on this interim final rule by
May 7, 2018. During the comment period, NMFS will hold one public
hearing for this interim final rule.

Table 1--Date, Time, and Location of the Upcoming Public Hearing
----------------------------------------------------------------------------------------------------------------
Location contact
Venue Date/time Meeting locations information
----------------------------------------------------------------------------------------------------------------
Public Hearing....................... March 7, 2018, 11 a.m.- Silver Spring, MD...... HMS AP Meeting,
12:15 p.m. Sheraton Silver
Spring, 8777 Georgia
Avenue, Silver Spring,
MD 20910.
----------------------------------------------------------------------------------------------------------------

Classification

This emergency interim final rule is promulgated pursuant to
section 305(c) of the Magnuson-Stevens Act, and NMFS has determined
that it is consistent with that Act and other applicable laws. NMFS
policy guidelines for the use of emergency rules (August 21, 1997; 62
FR 44421) specify the following three criteria that define what an
emergency situation is: (1) The emergency results from recent,
unforeseen events or recently discovered circumstances; (2) the
emergency presents serious conservation or management problems in the
fishery; and (3) if the emergency action is being implemented without
prior public comment, the emergency can be addressed through emergency
regulations for which the immediate benefits outweigh the value of
advance notice, public comment, and deliberative consideration of the
impacts on participants to the same extent as would be expected under
the normal rulemaking process.
This action meets the NMFS guidelines and criteria for emergency

[[Page 8949]]

rulemaking. The action is needed to address recently discovered
circumstances including the 2017 ICCAT stock assessment and
Recommendation 17-08 for North Atlantic shortfin mako shark in November
and NMFS's determination that the stock is overfished and overfishing
is occurring in December (Criteria 1). The stock assessment conclusions
differ significantly and unexpectedly from the most recent previous
assessments, which had indicated that the stock was not overfished or
experiencing overfishing. The new assessment indicates that dramatic
immediate reductions in fishing mortality are needed to end overfishing
of this stock, and this action is needed to address this serious
conservation problem (Criteria 2). Finally, the immediate benefits to
the shortfin mako shark resource and our need to meet obligations under
the Magnuson-Stevens Act and Atlantic Tunas Convention Act outweigh the
value of the advance notice and public comments provided under the
normal rulemaking process (Criteria 3). Without an emergency rule to
implement these measures, the reported U.S. catches at the end of the
ICCAT six-month reporting period (ending at the end of June 2018) would
reflect catches under the existing management practices and thus not
reflect whether the new measures were effective to address overfishing.
Any resulting action based on such information could disadvantage U.S.
fishermen in the long-term.
Pursuant to 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), the
Assistant Administrator for Fisheries finds good cause to waive the
otherwise applicable requirements for both notice-and-comment
rulemaking and a 30-day delay in effectiveness for this interim final,
emergency rule implementing North Atlantic shortfin mako shark
management measures. The recent unforeseen circumstances described
above, and need for expedient action, make it impracticable to provide
prior notice-and-comment opportunity and a 30-day delay. The new stock
assessment for Atlantic shortfin mako sharks was completed in August
2017 and accepted in November by ICCAT and December 2017 by NMFS,
revealing that the North Atlantic shortfin mako shark stock is
overfished, with overfishing occurring. ICCAT developed Recommendation
17-08 at its annual meeting in November 2017, which the United States
must implement as necessary and appropriate under the Atlantic Tunas
Convention Act. It would be potentially harmful to the long-term
sustainability of the resource to implement these measures through
notice-and-comment rulemaking because immediate reductions in fishing
mortality are needed to address overfishing and begin to rebuild the
stock and data will be re-evaluated as soon as November 2018 to
determine whether additional measures are needed. Unless the new
measures are in place, they cannot be properly evaluated for
effectiveness in the fall and ICCAT will not be able to determine
whether additional measures are immediately needed. Additionally,
affected fishing vessel owners should not require time to adjust to
these regulations, as the regulations do not constitute substantive
operational changes, such as changes to equipment that might require
time for purchasing and installation, or changes to practices that
might require special training. Here, the rule only affects the landing
of a particular species, and thus vessel owners should be able to
understand and implement the changes immediately. Furthermore, the
agency requested voluntary implementation of these measures earlier
this year, so fishermen have already been notified of these management
changes.
For the reasons outlined, NMFS finds it impracticable and contrary
to the public interest to provide prior opportunity to comment on the
Atlantic shortfin mako shark emergency measures. As noted above, NMFS
is soliciting public comment on this interim final rule and will take
into consideration any comments received and any testimony at the
public hearing, as it evaluates whether any modifications to the
emergency measures are needed. In addition, there will be multiple
opportunities for public participation and notice-and-comment
rulemaking as NMFS develops a long-term fishery management amendment to
rebuild North Atlantic shortfin mako sharks.
This action is being taken pursuant to the emergency provision of
the Magnuson-Stevens Act and is exempt from OMB review.
This rule is exempt from the otherwise applicable requirement of
the Regulatory Flexibility Act to prepare a regulatory flexibility
analysis because the rule is issued without opportunity for prior
public comment.

List of Subjects in 50 CFR Part 635

Fisheries, Fishing, Fishing vessels, Foreign relations, Imports,
Penalties, Reporting and recordkeeping requirements, Treaties.

Dated: February 27, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 635 is amended
as follows:

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

0
1. The authority citation for part 635 continues to read as follows:

Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
* * * * *

0
2. In Sec. 635.20 suspend paragraph (e)(2) and add paragraphs (e)(6)
and (7) to read as follows:

Sec. 635.20 Size limits.

* * * * *
(e) * * *
(6) All sharks, except as otherwise specified in this subsection
below, landed under the recreational retention limits specified at
Sec. 635.22(c)(2) must be at least 54 inches (137 cm) FL.
(7) All North Atlantic shortfin mako sharks landed under the
recreational retention limits specified at Sec. 635.22(c)(2) must be
at least 83 inches (210 cm) fork length.
* * * * *

0
3. In Sec. 635.21, add paragraphs (a)(4) and (c)(1)(iv) to read as
follows:

Sec. 635.21 Gear operation and deployment restrictions.

(a) * * *
(4) Any person issued a commercial shark permit must release all
shortfin mako sharks, alive or dead, caught on any gear other than
pelagic longline gear.
* * * * *
(c) * * *
(1) * * *
(iv) Has pelagic longline gear on board, persons aboard that vessel
are required to release unharmed, to the extent practicable, any
shortfin mako shark that is alive at the time of haulback. Any shortfin
mako shark that is dead at the time of haulback may be retained
provided the electronic monitoring system is installed and functioning
in accordance with Sec. 635.9.
* * * * *

0
4. In Sec. 635.24, suspend paragraphs (a)(4)(i) and (iii), and add
paragraphs (a)(4)(v) and (vi) to read as follows:

Sec. 635.24 Commercial retention limits for sharks, swordfish, and
BAYS tunas.

* * * * *
(a) * * *

[[Page 8950]]

(4) * * *
(v) A person who owns or operates a vessel that has been issued a
directed shark LAP may retain, possess, or land pelagic sharks if the
pelagic shark fishery is open per Sec. Sec. 635.27 and 635.28.
Shortfin mako sharks may only be retained by persons using pelagic
longline gear, and only if each shark is dead at the time of haulback
per Sec. 635.21(c)(1).
(vi) Consistent with paragraph (a)(4)(ii) of this section, a person
who owns or operates a vessel that has been issued an incidental shark
LAP may retain, possess, land, or sell no more than 16 SCS and pelagic
sharks, combined, per vessel per trip, if the respective fishery is
open per Sec. Sec. 635.27 and 635.28. Of those 16 SCS and pelagic
sharks per vessel per trip, no more than 8 shall be blacknose sharks.
Shortfin mako sharks may only be retained by persons using pelagic
longline gear, and only if each shark is dead at the time of haulback
per Sec. 635.21(c)(1).
* * * * *

0
5. In Sec. 635.71, add paragraphs (d)(27) through (29) to read as
follows:

Sec. 635.71 Prohibitions.

* * * * *
(d) * * *
(27) Land a shortfin mako shark that was caught with gear other
than pelagic longline as specified at Sec. 635.21(a).
(28) Retain, land, or possess a shortfin mako shark that was caught
with pelagic longline gear and was alive at haulback as specified at
Sec. 635.21(c)(1).
(29) As specified at Sec. 635.21(c)(1), retain, land, or possess a
shortfin mako shark that was caught with pelagic longline gear when the
electronic monitoring system was not installed and functioning in
accordance with the requirements at Sec. 635.9.
* * * * *
[FR Doc. 2018-04262 Filed 3-1-18; 8:45 am]
BILLING CODE 3510-22-P

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