Atlantic Highly Migratory Species; Commercial Blacktip Sharks, Aggregated Large Coastal Sharks, and Hammerhead Sharks in the Western Gulf of Mexico Sub-Region; Closure, 10802-10803 [2018-05058]
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10802
Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 170605543–7999–02]
RIN 0648–XG021
Atlantic Highly Migratory Species;
Commercial Blacktip Sharks,
Aggregated Large Coastal Sharks, and
Hammerhead Sharks in the Western
Gulf of Mexico Sub-Region; Closure
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is closing the
commercial fishery for blacktip sharks,
aggregated large coastal sharks (LCS),
and hammerhead shark management
groups in the western Gulf of Mexico
sub-region. This action is necessary
because the commercial landings of
sharks in the aggregated LCS
management group in the western Gulf
of Mexico sub-region for the 2018
fishing season has reached 80 percent of
the available commercial quota as of
March 8, 2018, and the aggregated LCS
and hammerhead shark management
groups are quota-linked under the
regulations. The blacktip shark fishery
in the western Gulf of Mexico subregion will be closed to help minimize
regulatory discards of sharks in the
aggregated LCS management group in
the western Gulf of Mexico sub-region,
since LCS are often caught in
conjunction with blacktip sharks in the
commercial shark fisheries. This closure
will affect anyone commercially fishing
for sharks in the western Gulf of Mexico
sub-region.
DATES: The commercial fishery for
blacktip sharks and for the aggregated
LCS and hammerhead shark
management groups in the western Gulf
of Mexico sub-region are closed
effective 11:30 p.m. local time March
13, 2018 until the end of the 2018
fishing season on December 31, 2018, or
until and if NMFS announces via a
notice in the Federal Register that
additional quota is available and the
season is reopened.
FOR FURTHER INFORMATION CONTACT:
Lauren Latchford or Karyl BrewsterGeisz 301–427–8503; fax 301–713–1917.
SUPPLEMENTARY INFORMATION: The
Atlantic shark fisheries are managed
under the 2006 Consolidated Highly
Migratory Species (HMS) Fishery
Management Plan (FMP), its
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SUMMARY:
VerDate Sep<11>2014
16:26 Mar 12, 2018
Jkt 244001
amendments, and implementing
regulations (50 CFR part 635) issued
under authority of the MagnusonStevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et
seq.).
Under § 635.5(b)(1), dealers must
electronically submit reports on sharks
that are first received from a vessel on
a weekly basis through a NMFSapproved electronic reporting system.
Reports must be received by no later
than midnight, local time, of the first
Tuesday following the end of the
reporting week unless the dealer is
otherwise notified by NMFS. Under
§ 635.28(b)(4), the quotas of certain
species and/or management groups are
linked. If quotas are linked, when the
specified quota threshold for one
management group or species is reached
and that management group or species
is closed, the linked management group
or species closes at the same time
(§ 635.28(b)(3)). The quotas for
aggregated LCS and the hammerhead
shark management groups in the
western Gulf of Mexico sub-region are
linked (§ 635.28(b)(4)(iii)). The blacktip
shark quota in the western Gulf of
Mexico sub-region is not linked to the
aggregated LCS or hammerhead shark
quotas.
Under § 635.28(b)(2) and (3), when
NMFS calculates that the landings for
any species and/or management group
of either a non-linked or a linked group
have reached or are projected to reach
a threshold of 80 percent of the
available quota, NMFS will file for
publication, with the Office of the
Federal Register, a notice of closure for
all of the species and/or management
groups of either a non-linked or linked
group that will be effective no fewer
than five days from date of filing. For
blacktip sharks, under § 635.28(b)(5),
NMFS may close the regional or subregional Gulf of Mexico blacktip shark
management group(s) before landings
reach, or are expected to reach, 80
percent of the quota, after considering
specified regulatory criteria and other
relevant factors.
From the effective date and time of
the closure until and if NMFS
announces, via a notice in the Federal
Register, that additional quota is
available and the season is reopened,
the fisheries for all linked species and/
or management groups and specified
non-linked species and/or management
groups are closed, even across fishing
years.
On November 22, 2017 (82 FR 55512),
NMFS announced that for 2018, the
commercial western Gulf of Mexico
blacktip shark sub-regional quota was
347.2 metric tons (mt) dressed weight
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Fmt 4700
Sfmt 4700
(dw) (765,392 lb dw), the western Gulf
of Mexico aggregated LCS sub-regional
quota was 72.0 mt dw (158,724 lb dw),
and the western Gulf of Mexico
hammerhead shark sub-regional quota
was 11.9 mt dw (26,301 lb dw). Dealer
reports received through March 8, 2018,
indicate that 86 percent (61.7 mt dw) of
the available western Gulf of Mexico
aggregated LCS management group subregional quota has been landed and that
57 percent (6.8 mt dw) of the available
western Gulf of Mexico hammerhead
shark sub-regional quota has been
landed. Based on these dealer reports,
the western Gulf of Mexico aggregated
LCS management group sub-regional
quota has exceeded 80 percent and
meets the closure threshold. While the
western Gulf of Mexico hammerhead
shark sub-regional quota has reached 57
percent of the available quota, it is
linked to the aggregated LCS fishery and
therefore closes when the aggregated
LCS management groups in the western
Gulf of Mexico sub-region closes.
Accordingly, NMFS is closing the
commercial aggregated LCS and
hammerhead management groups in the
western Gulf of Mexico sub-region as of
11:30 p.m. local time March 13, 2018.
Dealer reports received through
March 8, 2018, indicate that 77 percent
(265.9 mt dw) of the available western
Gulf of Mexico blacktip shark subregional quota has been landed.
Regulations at § 635.28(b)(5)(i)–(v)
authorize the closure of the blacktip
shark fishery before landings reach, or
are expected to reach, 80 percent of the
quota if warranted after considering the
following criteria and other relevant
factors: season length based on available
sub-regional quota and average subregional catch rates; variability in
regional and/or sub-regional seasonal
distribution, abundance, and migratory
patterns; effects on accomplishing the
objectives of the 2006 Consolidated
HMS FMP and its amendments; amount
of remaining shark quotas in the
relevant sub-region; and regional and/or
sub-regional catch rates of the relevant
shark species or management groups.
NMFS has considered these criteria
with respect to blacktip sharks in the
western Gulf of Mexico sub-region, and
in particular, considered sub-regional
distribution and abundance
(§ 635.28(b)(5)(ii)) and sub-regional
catch rates (§ 635.28(b)(5)(v)) in
determining that a closure is warranted
at this time.
The directed shark fisheries in the
western Gulf of Mexico sub-region
exhibit a mixed species composition,
with a high abundance and distribution
of aggregated LCS caught in conjunction
with blacktip sharks. As a result, closing
E:\FR\FM\13MRR1.SGM
13MRR1
amozie on DSK30RV082PROD with RULES
Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Rules and Regulations
the aggregated LCS and hammerhead
shark management groups while leaving
only the blacktip shark fishery open in
the western Gulf of Mexico sub-region
could cause large numbers of regulatory
discards of aggregated LCS species.
Such discards could hinder the
management goals and interfere with
accomplishing the objectives of the 2006
Consolidated HMS FMP and its
amendments (§ 635.28(b)(5)(iii)), which
include preventing overfishing while
achieving on a continuing basis
optimum yield and rebuilding
overfished shark stocks. Such discards
would also be contrary to National
Standard 9, which requires that
management measures minimize
bycatch and bycatch mortality,
particularly if the discards are dead and
are of overfished species. A single
closure for the blacktip, aggregated LCS,
and hammerhead management groups
in the western Gulf of Mexico subregion would minimize regulatory
discards, and help prevent overfishing,
of aggregated LCS in the western Gulf of
Mexico sub-region, consistent with the
Magnuson-Stevens Fishery
Conservation and Management Act and
the criteria at § 635.28(b)(5).
Accordingly, NMFS is closing the
commercial blacktip shark fishery in the
western Gulf of Mexico sub-region as of
11:30 p.m. local time March 13, 2018.
All other shark species or
management groups in the western Gulf
of Mexico sub-region that are currently
open will remain open, including the
commercial Gulf of Mexico nonblacknose small coastal sharks (SCS),
blue sharks, smoothhound sharks, and
pelagic sharks other than porbeagle or
blue sharks.
The boundary between the Gulf of
Mexico region and the Atlantic region is
defined at § 635.27(b)(1) as a line
beginning on the East Coast of Florida
at the mainland at 25°20.4′ N. lat,
proceeding due east. Any water and
land to the south and west of that
boundary is considered for the purposes
of monitoring and setting quotas, to be
within the Gulf of Mexico region. The
boundary between the western and
eastern Gulf of Mexico sub-regions is
drawn along 88° 00′ W. long
(§ 635.27(b)(1)(ii)). Persons fishing
aboard vessels issued a commercial
shark limited access permit under
§ 635.4 may still retain blacktip sharks,
aggregated LCS, and/or hammerhead
sharks management groups in the
eastern Gulf of Mexico sub-region (east
of 88° 00′ W. long).
During the closure, retention of
blacktip sharks, aggregated LCS, and/or
hammerhead sharks management
groups in the western Gulf of Mexico
VerDate Sep<11>2014
16:26 Mar 12, 2018
Jkt 244001
sub-region is prohibited for persons
fishing aboard vessels issued a
commercial shark limited access permit
under § 635.4. However, persons aboard
a commercially permitted vessel that is
also properly permitted to operate as a
charter vessel or headboat for HMS, has
a shark endorsement, and is engaged in
a for-hire trip could fish under the
recreational retention limits for sharks
and ‘‘no sale’’ provisions (§ 635.22 (c)).
Similarly, persons aboard a
commercially permitted vessel that
possesses a valid shark research permit
under § 635.32 and has a NMFSapproved observer onboard may
continue to harvest and sell blacktip
sharks, aggregated LCS, and/or
hammerhead sharks in the western Gulf
of Mexico sub-region pursuant to the
terms and conditions of the shark
research permit.
During this closure, a shark dealer
issued a permit pursuant to § 635.4 may
not purchase or receive blacktip sharks,
aggregated LCS, and/or hammerhead
sharks in the western Gulf of Mexico
sub-region from a vessel issued an
Atlantic shark limited access permit
(LAP), except that a permitted shark
dealer or processor may possess blacktip
sharks, aggregated LCS, and/or
hammerhead sharks in the western Gulf
of Mexico sub-region that were
harvested, off-loaded, and sold, traded,
or bartered prior to the effective date of
the closure and were held in storage
consistent with § 635.28(b)(6).
Additionally, a permitted shark dealer
or processor may possess blacktip
sharks, aggregated LCS, and/or
hammerhead sharks in the western Gulf
of Mexico sub-region that were
harvested by a vessel issued a valid
shark research fishery permit per
§ 635.32 with a NMFS-approved
observer onboard during the trip the
sharks were taken on as long as the LCS
research fishery quota remains open.
Similarly, a shark dealer issued a permit
pursuant to § 635.4 may, in accordance
with relevant state regulations, purchase
or receive blacktip sharks, aggregated
LCS, and/or hammerhead sharks in the
western Gulf of Mexico sub-region if the
sharks were harvested, off-loaded, and
sold, traded, or bartered from a vessel
that fishes only in state waters and that
has not been issued an Atlantic Shark
LAP, HMS Angling permit, or HMS
Charter/Headboat permit pursuant to
§ 635.4.
Classification
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator for Fisheries,
NOAA (AA), finds that providing prior
notice and public comment for this
action is impracticable and contrary to
PO 00000
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Fmt 4700
Sfmt 4700
10803
the public interest because the fishery is
currently underway and any delay in
this action would result in overharvest
of the quotas for these species and
management groups and thus would be
inconsistent with fishery management
requirements and objectives. The
regulations implementing the 2006
Consolidated HMS FMP and
amendments provide for inseason
retention limit adjustments and fishery
closures to respond to the unpredictable
nature of availability on the fishing
grounds, the migratory nature of the
species, and the regional variations.
NMFS is not able to give notice sooner
nor would sooner notice be practicable
given the structure of the regulations,
which close the fisheries under
specified regulatory criteria or
thresholds, and closure determinations
need to be based on near real-time data
to balance fishing opportunities against
the management goal of preventing
quota overharvests. Similarly, affording
prior notice and opportunity for public
comment on this action is contrary to
the public interest because if a quota is
exceeded, the stock may be negatively
affected and fishermen ultimately could
experience reductions in the available
quota and a lack of fishing opportunities
in future seasons. For these reasons, the
AA also finds good cause to waive the
30-day delay in effective date pursuant
to 5 U.S.C. 553(d)(3). This action is
required under § 635.28(b)(3) and
§ 635.28(b)(5) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 8, 2018
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2018–05058 Filed 3–8–18; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 160229159–8236–02]
RIN 0648–BF85
Fisheries of the Northeastern United
States; Framework 2 to the Tilefish
Fishery Management Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
E:\FR\FM\13MRR1.SGM
13MRR1
Agencies
[Federal Register Volume 83, Number 49 (Tuesday, March 13, 2018)]
[Rules and Regulations]
[Pages 10802-10803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05058]
[[Page 10802]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 170605543-7999-02]
RIN 0648-XG021
Atlantic Highly Migratory Species; Commercial Blacktip Sharks,
Aggregated Large Coastal Sharks, and Hammerhead Sharks in the Western
Gulf of Mexico Sub-Region; Closure
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is closing the commercial fishery for blacktip sharks,
aggregated large coastal sharks (LCS), and hammerhead shark management
groups in the western Gulf of Mexico sub-region. This action is
necessary because the commercial landings of sharks in the aggregated
LCS management group in the western Gulf of Mexico sub-region for the
2018 fishing season has reached 80 percent of the available commercial
quota as of March 8, 2018, and the aggregated LCS and hammerhead shark
management groups are quota-linked under the regulations. The blacktip
shark fishery in the western Gulf of Mexico sub-region will be closed
to help minimize regulatory discards of sharks in the aggregated LCS
management group in the western Gulf of Mexico sub-region, since LCS
are often caught in conjunction with blacktip sharks in the commercial
shark fisheries. This closure will affect anyone commercially fishing
for sharks in the western Gulf of Mexico sub-region.
DATES: The commercial fishery for blacktip sharks and for the
aggregated LCS and hammerhead shark management groups in the western
Gulf of Mexico sub-region are closed effective 11:30 p.m. local time
March 13, 2018 until the end of the 2018 fishing season on December 31,
2018, or until and if NMFS announces via a notice in the Federal
Register that additional quota is available and the season is reopened.
FOR FURTHER INFORMATION CONTACT: Lauren Latchford or Karyl Brewster-
Geisz 301-427-8503; fax 301-713-1917.
SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed
under the 2006 Consolidated Highly Migratory Species (HMS) Fishery
Management Plan (FMP), its amendments, and implementing regulations (50
CFR part 635) issued under authority of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.).
Under Sec. 635.5(b)(1), dealers must electronically submit reports
on sharks that are first received from a vessel on a weekly basis
through a NMFS-approved electronic reporting system. Reports must be
received by no later than midnight, local time, of the first Tuesday
following the end of the reporting week unless the dealer is otherwise
notified by NMFS. Under Sec. 635.28(b)(4), the quotas of certain
species and/or management groups are linked. If quotas are linked, when
the specified quota threshold for one management group or species is
reached and that management group or species is closed, the linked
management group or species closes at the same time (Sec.
635.28(b)(3)). The quotas for aggregated LCS and the hammerhead shark
management groups in the western Gulf of Mexico sub-region are linked
(Sec. 635.28(b)(4)(iii)). The blacktip shark quota in the western Gulf
of Mexico sub-region is not linked to the aggregated LCS or hammerhead
shark quotas.
Under Sec. 635.28(b)(2) and (3), when NMFS calculates that the
landings for any species and/or management group of either a non-linked
or a linked group have reached or are projected to reach a threshold of
80 percent of the available quota, NMFS will file for publication, with
the Office of the Federal Register, a notice of closure for all of the
species and/or management groups of either a non-linked or linked group
that will be effective no fewer than five days from date of filing. For
blacktip sharks, under Sec. 635.28(b)(5), NMFS may close the regional
or sub-regional Gulf of Mexico blacktip shark management group(s)
before landings reach, or are expected to reach, 80 percent of the
quota, after considering specified regulatory criteria and other
relevant factors.
From the effective date and time of the closure until and if NMFS
announces, via a notice in the Federal Register, that additional quota
is available and the season is reopened, the fisheries for all linked
species and/or management groups and specified non-linked species and/
or management groups are closed, even across fishing years.
On November 22, 2017 (82 FR 55512), NMFS announced that for 2018,
the commercial western Gulf of Mexico blacktip shark sub-regional quota
was 347.2 metric tons (mt) dressed weight (dw) (765,392 lb dw), the
western Gulf of Mexico aggregated LCS sub-regional quota was 72.0 mt dw
(158,724 lb dw), and the western Gulf of Mexico hammerhead shark sub-
regional quota was 11.9 mt dw (26,301 lb dw). Dealer reports received
through March 8, 2018, indicate that 86 percent (61.7 mt dw) of the
available western Gulf of Mexico aggregated LCS management group sub-
regional quota has been landed and that 57 percent (6.8 mt dw) of the
available western Gulf of Mexico hammerhead shark sub-regional quota
has been landed. Based on these dealer reports, the western Gulf of
Mexico aggregated LCS management group sub-regional quota has exceeded
80 percent and meets the closure threshold. While the western Gulf of
Mexico hammerhead shark sub-regional quota has reached 57 percent of
the available quota, it is linked to the aggregated LCS fishery and
therefore closes when the aggregated LCS management groups in the
western Gulf of Mexico sub-region closes. Accordingly, NMFS is closing
the commercial aggregated LCS and hammerhead management groups in the
western Gulf of Mexico sub-region as of 11:30 p.m. local time March 13,
2018.
Dealer reports received through March 8, 2018, indicate that 77
percent (265.9 mt dw) of the available western Gulf of Mexico blacktip
shark sub-regional quota has been landed. Regulations at Sec.
635.28(b)(5)(i)-(v) authorize the closure of the blacktip shark fishery
before landings reach, or are expected to reach, 80 percent of the
quota if warranted after considering the following criteria and other
relevant factors: season length based on available sub-regional quota
and average sub-regional catch rates; variability in regional and/or
sub-regional seasonal distribution, abundance, and migratory patterns;
effects on accomplishing the objectives of the 2006 Consolidated HMS
FMP and its amendments; amount of remaining shark quotas in the
relevant sub-region; and regional and/or sub-regional catch rates of
the relevant shark species or management groups. NMFS has considered
these criteria with respect to blacktip sharks in the western Gulf of
Mexico sub-region, and in particular, considered sub-regional
distribution and abundance (Sec. 635.28(b)(5)(ii)) and sub-regional
catch rates (Sec. 635.28(b)(5)(v)) in determining that a closure is
warranted at this time.
The directed shark fisheries in the western Gulf of Mexico sub-
region exhibit a mixed species composition, with a high abundance and
distribution of aggregated LCS caught in conjunction with blacktip
sharks. As a result, closing
[[Page 10803]]
the aggregated LCS and hammerhead shark management groups while leaving
only the blacktip shark fishery open in the western Gulf of Mexico sub-
region could cause large numbers of regulatory discards of aggregated
LCS species. Such discards could hinder the management goals and
interfere with accomplishing the objectives of the 2006 Consolidated
HMS FMP and its amendments (Sec. 635.28(b)(5)(iii)), which include
preventing overfishing while achieving on a continuing basis optimum
yield and rebuilding overfished shark stocks. Such discards would also
be contrary to National Standard 9, which requires that management
measures minimize bycatch and bycatch mortality, particularly if the
discards are dead and are of overfished species. A single closure for
the blacktip, aggregated LCS, and hammerhead management groups in the
western Gulf of Mexico sub-region would minimize regulatory discards,
and help prevent overfishing, of aggregated LCS in the western Gulf of
Mexico sub-region, consistent with the Magnuson-Stevens Fishery
Conservation and Management Act and the criteria at Sec. 635.28(b)(5).
Accordingly, NMFS is closing the commercial blacktip shark fishery in
the western Gulf of Mexico sub-region as of 11:30 p.m. local time March
13, 2018.
All other shark species or management groups in the western Gulf of
Mexico sub-region that are currently open will remain open, including
the commercial Gulf of Mexico non-blacknose small coastal sharks (SCS),
blue sharks, smoothhound sharks, and pelagic sharks other than
porbeagle or blue sharks.
The boundary between the Gulf of Mexico region and the Atlantic
region is defined at Sec. 635.27(b)(1) as a line beginning on the East
Coast of Florida at the mainland at 25[deg]20.4' N. lat, proceeding due
east. Any water and land to the south and west of that boundary is
considered for the purposes of monitoring and setting quotas, to be
within the Gulf of Mexico region. The boundary between the western and
eastern Gulf of Mexico sub-regions is drawn along 88[deg] 00' W. long
(Sec. 635.27(b)(1)(ii)). Persons fishing aboard vessels issued a
commercial shark limited access permit under Sec. 635.4 may still
retain blacktip sharks, aggregated LCS, and/or hammerhead sharks
management groups in the eastern Gulf of Mexico sub-region (east of
88[deg] 00' W. long).
During the closure, retention of blacktip sharks, aggregated LCS,
and/or hammerhead sharks management groups in the western Gulf of
Mexico sub-region is prohibited for persons fishing aboard vessels
issued a commercial shark limited access permit under Sec. 635.4.
However, persons aboard a commercially permitted vessel that is also
properly permitted to operate as a charter vessel or headboat for HMS,
has a shark endorsement, and is engaged in a for-hire trip could fish
under the recreational retention limits for sharks and ``no sale''
provisions (Sec. 635.22 (c)). Similarly, persons aboard a commercially
permitted vessel that possesses a valid shark research permit under
Sec. 635.32 and has a NMFS-approved observer onboard may continue to
harvest and sell blacktip sharks, aggregated LCS, and/or hammerhead
sharks in the western Gulf of Mexico sub-region pursuant to the terms
and conditions of the shark research permit.
During this closure, a shark dealer issued a permit pursuant to
Sec. 635.4 may not purchase or receive blacktip sharks, aggregated
LCS, and/or hammerhead sharks in the western Gulf of Mexico sub-region
from a vessel issued an Atlantic shark limited access permit (LAP),
except that a permitted shark dealer or processor may possess blacktip
sharks, aggregated LCS, and/or hammerhead sharks in the western Gulf of
Mexico sub-region that were harvested, off-loaded, and sold, traded, or
bartered prior to the effective date of the closure and were held in
storage consistent with Sec. 635.28(b)(6). Additionally, a permitted
shark dealer or processor may possess blacktip sharks, aggregated LCS,
and/or hammerhead sharks in the western Gulf of Mexico sub-region that
were harvested by a vessel issued a valid shark research fishery permit
per Sec. 635.32 with a NMFS-approved observer onboard during the trip
the sharks were taken on as long as the LCS research fishery quota
remains open. Similarly, a shark dealer issued a permit pursuant to
Sec. 635.4 may, in accordance with relevant state regulations,
purchase or receive blacktip sharks, aggregated LCS, and/or hammerhead
sharks in the western Gulf of Mexico sub-region if the sharks were
harvested, off-loaded, and sold, traded, or bartered from a vessel that
fishes only in state waters and that has not been issued an Atlantic
Shark LAP, HMS Angling permit, or HMS Charter/Headboat permit pursuant
to Sec. 635.4.
Classification
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for
Fisheries, NOAA (AA), finds that providing prior notice and public
comment for this action is impracticable and contrary to the public
interest because the fishery is currently underway and any delay in
this action would result in overharvest of the quotas for these species
and management groups and thus would be inconsistent with fishery
management requirements and objectives. The regulations implementing
the 2006 Consolidated HMS FMP and amendments provide for inseason
retention limit adjustments and fishery closures to respond to the
unpredictable nature of availability on the fishing grounds, the
migratory nature of the species, and the regional variations. NMFS is
not able to give notice sooner nor would sooner notice be practicable
given the structure of the regulations, which close the fisheries under
specified regulatory criteria or thresholds, and closure determinations
need to be based on near real-time data to balance fishing
opportunities against the management goal of preventing quota
overharvests. Similarly, affording prior notice and opportunity for
public comment on this action is contrary to the public interest
because if a quota is exceeded, the stock may be negatively affected
and fishermen ultimately could experience reductions in the available
quota and a lack of fishing opportunities in future seasons. For these
reasons, the AA also finds good cause to waive the 30-day delay in
effective date pursuant to 5 U.S.C. 553(d)(3). This action is required
under Sec. 635.28(b)(3) and Sec. 635.28(b)(5) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 8, 2018
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2018-05058 Filed 3-8-18; 4:15 pm]
BILLING CODE 3510-22-P