Atlantic Highly Migratory Species; Commercial Aggregated Large Coastal Shark and Hammerhead Shark Management Group Retention Limit Adjustment, 33870-33872 [2018-15283]
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33870
Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations
20° N latitude and 20° S latitude in a
calendar year.
(1) For the high seas there is a limit
of 1,370 fishing days in 2018.
(2) For the U.S. EEZ there is a limit
of 458 fishing days for 2018. If NMFS
expects that this limit will be reached
by October 1, 2018, NMFS will publish
a document in the Federal Register
increasing the limit for that calendar
year to 558 fishing days no later than
seven days prior to October 1, 2018.
(3) NMFS will determine the number
of fishing days spent on the high seas
and in the U.S. EEZ in each calendar
year using data submitted in logbooks
and other available information. After
NMFS determines that a limit in a
calendar year is expected to be reached
by a specific future date, and at least
seven calendar days in advance of the
closure date, NMFS will publish a
document in the Federal Register
announcing that the purse seine fishery
in the area where the limit is expected
to be reached will be closed starting on
that specific future date and will remain
closed until the end of the calendar
year.
(4) Once a fishery closure is
announced pursuant to paragraph (a)(3)
of this section, fishing vessels of the
United States equipped with purse seine
gear may not be used to fish in the
closed area during the period specified
in the Federal Register document,
except that such vessels are not
prohibited from bunkering during a
fishery closure.
(b) Use of fish aggregating devices. (1)
During the periods and in the areas
specified in paragraph (b)(2) of this
section, owners, operators, and crew of
fishing vessels of the United States
equipped with purse seine gear shall not
do any of the activities described below
in the Convention Area in the area
between 20° N latitude and 20° S
latitude:
(i) Set a purse seine around a FAD or
within one nautical mile of a FAD.
(ii) Set a purse seine in a manner
intended to capture fish that have
aggregated in association with a FAD or
a vessel, such as by setting the purse
seine in an area from which a FAD or
a vessel has been moved or removed
within the previous eight hours, or
setting the purse seine in an area in
which a FAD has been inspected or
handled within the previous eight
hours, or setting the purse seine in an
area into which fish were drawn by a
vessel from the vicinity of a FAD or a
vessel.
(iii) Deploy a FAD into the water.
(iv) Repair, clean, maintain, or
otherwise service a FAD, including any
electronic equipment used in
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association with a FAD, in the water or
on a vessel while at sea, except that:
(A) A FAD may be inspected and
handled as needed to identify the FAD,
identify and release incidentally
captured animals, un-foul fishing gear,
or prevent damage to property or risk to
human safety; and
(B) A FAD may be removed from the
water and if removed may be repaired,
cleaned, maintained, or otherwise
serviced, provided that it is not returned
to the water.
(v) From a purse seine vessel or any
associated skiffs, other watercraft or
equipment, do any of the following,
except in emergencies as needed to
prevent human injury or the loss of
human life, the loss of the purse seine
vessel, skiffs, watercraft or aircraft, or
environmental damage:
(A) Submerge lights under water;
(B) Suspend or hang lights over the
side of the purse seine vessel, skiff,
watercraft or equipment, or;
(C) Direct or use lights in a manner
other than as needed to illuminate the
deck of the purse seine vessel or
associated skiffs, watercraft or
equipment, to comply with navigational
requirements, and to ensure the health
and safety of the crew.
(2) The requirements of paragraph
(b)(1) of this section shall apply:
(i) From July 1 through September 30,
in each calendar year;
(ii) In any area of high seas, from
November 1 through December 31, in
each calendar year.
(3)(i) Activating FADs for purse seine
vessels. A vessel owner, operator, or
crew of a fishing vessel of the United
States equipped with purse seine gear
shall turn on the tracking equipment of
an active FAD while the FAD is onboard
the vessel and before it is deployed in
the water.
(ii) Restrictions on Active FADs for
purse seine vessels. U.S. vessel owners
and operators of a fishing vessel of the
United States equipped with purse seine
gear shall not have more than 350
drifting active FADs per vessel in the
Convention Area at any one time.
*
*
*
*
*
■ 7. In § 300.224, revise paragraph (a)(1)
and remove and reserve paragraph
(a)(2).
The revision reads as follows:
§ 300.224
Longline fishing restrictions.
(a) * * *
(1) There is a limit of 3,554 metric
tons of bigeye tuna per calendar year
that may be captured in the Convention
Area by longline gear and retained on
board by fishing vessels of the United
States.
*
*
*
*
*
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■
8. Revise § 300.225 to read as follows:
§ 300.225 Eastern High Seas Special
Management Area.
The owner and operator of a fishing
vessel of the United States used for
commercial fishing for HMS is
prohibited from engaging in
transshipment in the Eastern High Seas
Special Management Area.
[FR Doc. 2018–15341 Filed 7–17–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 150413357–5999–02]
RIN 0648–XG325
Atlantic Highly Migratory Species;
Commercial Aggregated Large Coastal
Shark and Hammerhead Shark
Management Group Retention Limit
Adjustment
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
retention limit adjustment.
AGENCY:
NMFS is adjusting the
commercial aggregated large coastal
shark (LCS) and hammerhead shark
management group retention limit for
directed shark limited access permit
holders in the Atlantic region from 3
LCS other than sandbar sharks per
vessel per trip to 36 LCS other than
sandbar sharks per vessel per trip. This
action is based on consideration of the
regulatory determination criteria
regarding inseason adjustments. The
retention limit will remain at 36 LCS
other than sandbar sharks per vessel per
trip in the Atlantic region through the
rest of the 2018 fishing season or until
NMFS announces via a notification in
the Federal Register another adjustment
to the retention limit or a fishery
closure. This retention limit adjustment
affects anyone with a directed shark
limited access permit fishing for LCS in
the Atlantic region.
DATES: This retention limit adjustment
is effective on July 18, 2018, through
December 31, 2018, or until NMFS
announces via a notification in the
Federal Register another adjustment to
the retention limit or a fishery closure,
if warranted.
FOR FURTHER INFORMATION CONTACT:
´
Lauren Latchford, Guy DuBeck, or Karyl
SUMMARY:
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amozie on DSK3GDR082PROD with RULES
Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations
Brewster-Geisz 301–427–8503; fax 301–
713–1917.
SUPPLEMENTARY INFORMATION: Atlantic
shark fisheries are managed under the
2006 Consolidated Highly Migratory
Species (HMS) Fishery Management
Plan (FMP), its amendments, and
implementing regulations (50 CFR part
635) issued under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act (16
U.S.C. 1801 et seq.).
Atlantic shark fisheries have separate
regional (Gulf of Mexico and Atlantic)
quotas for all management groups
except those for blue shark, porbeagle
shark, pelagic sharks (other than
porbeagle or blue sharks), and the shark
research fishery for LCS and sandbar
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 north and east of that
boundary is considered, for the
purposes of setting and monitoring
quotas, to be within the Atlantic region.
This inseason action only affects the
aggregated LCS and hammerhead shark
management groups in the Atlantic
region.
Under § 635.24(a)(8), NMFS may
adjust the commercial retention limits
in the shark fisheries during the fishing
season. Before making any adjustment,
NMFS must consider specified
regulatory criteria (see § 635.24(a)(8)(i)
through (vi)). After considering these
criteria as discussed below, NMFS has
concluded that increasing the retention
limit of the Atlantic aggregated LCS and
hammerhead management groups for
directed shark limited access permit
holders in the Atlantic region will allow
use of available aggregated LCS and
hammerhead shark management group
quotas and will provide fishermen
throughout the region equitable fishing
opportunities for the rest of the year.
Therefore, NMFS is increasing the
commercial Atlantic aggregated LCS and
hammerhead shark retention limit in the
Atlantic region from 3 to 36 LCS other
than sandbar shark per vessel per trip.
NMFS considered the inseason
retention limit adjustment criteria listed
at § 635.24(a)(8)(i) through (vi), which
includes:
• The amount of remaining shark
quota in the relevant area, region, or
sub-region to date, based on dealer
reports.
Based on dealer reports through June
18, 2018, 52.6 metric tons (mt) dressed
weight (dw) (116,048 lb dw), or 25
percent, of the 168.9 mt dw shark quota
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Jkt 244001
for aggregated LCS and 4.9 mt dw
(10,836 lb dw), or 18 percent, of the 27.1
mt dw shark quota for the hammerhead
management groups have been
harvested in the Atlantic region. This
means that approximately 75 percent of
the aggregated LCS quota remains
available and approximately 82 percent
of the hammerhead shark quota remains
available. NMFS took action previously
this year to reduce retention rates after
considering the relevant inseason
adjustment criteria, particularly the
need for all regions to have an equitable
opportunity to utilize the quota. Given
the geographic distribution of the sharks
at this time of year (i.e., they are heading
north before moving south again later in
the year), the retention limit needs to be
adjusted upwards to ensure that
fishermen in the Atlantic region have an
opportunity to fully utilize the quotas in
the region throughout the remainder of
the year.
• The catch rates of the relevant shark
species/complexes in the region or subregion, to date, based on dealer reports.
Based on the current commercial
retention limit and average catch rate of
landings data from dealer reports, the
amount of aggregated LCS and
hammerhead shark quota available is
high, while harvest in the Atlantic
region on a daily basis is low. Using
current catch rates, projections indicate
that landings would not reach 80
percent of the quota before the end of
the 2018 fishing season (December 31,
2018). A higher retention limit will
better promote fishing opportunities and
utilization of available quota in the
Atlantic region.
• Estimated date of fishery closure
based on when the landings are
projected to reach 80 percent of the
quota given the realized catch rates.
Once the landings reach 80 percent of
either the aggregated LCS or
hammerhead shark quotas, NMFS
would, as required by the regulations at
§ 635.28(b)(3), close the aggregated LCS
and hammerhead shark management
groups since they are ‘‘linked quotas.’’
Current catch rates would likely result
in the fisheries remaining open for the
remainder of the year, but with the
quotas being underutilized in the
Atlantic region. The higher retention
limit should help make it possible to
more fully utilize the quota in the
Atlantic region.
• Effects of the adjustment on
accomplishing the objectives of the 2006
Consolidated HMS FMP and its
amendments.
Increasing the retention limit on the
aggregated LCS and hammerhead
management groups in the Atlantic
region from 3 to 36 LCS other than
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Fmt 4700
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33871
sandbar sharks per vessel per trip would
allow for fishing opportunities later in
the year, consistent with the FMP’s
objective to ensure equitable fishing
opportunities throughout the region.
• Variations in seasonal distribution,
abundance, or migratory patterns of the
relevant shark species based on
scientific and fishery-based knowledge.
The directed shark fisheries in the
Atlantic region are composed of a mix
of species, with a high abundance of
aggregated LCS caught in conjunction
with hammerhead sharks. Migratory
patterns of many LCS in the Atlantic
region indicate the sharks move farther
north in the summer and then return
south in the fall. Increasing the
retention limit in the Atlantic region at
this time provides for fishing
opportunities by fishermen farther north
(i.e. Mid-Atlantic and New England) as
the sharks are likely going to be in the
northern areas of the region for only a
short period of time before migrating
south again. As a result, by increasing
the harvest and landings on a per-trip
basis, fishermen throughout the Atlantic
region will likely experience equitable
fishing opportunities.
• Effects of catch rates in one part of
a region or sub-region precluding
vessels in another part of that region or
sub-region from having a reasonable
opportunity to harvest a portion of the
relevant quota.
NMFS has previously provided notice
to the regulated community (82 FR
55512; November 22, 2017, and 83 FR
21744; May 10, 2018) that a goal of this
year’s fishery is to ensure fishing
opportunities throughout the fishing
season and the Atlantic region. While
dealer reports indicate that, under
current catch rates, the aggregated LCS
and hammerhead shark management
groups in the Atlantic region would
remain open for the remainder of the
year, the catch rates also indicate that
the quotas would likely not be fully
harvested under the current retention
limit. If the harvest of these species is
increased through an increased
retention limit, NMFS estimates that the
fishery would still remain open for the
remainder of the year and fishermen
throughout the Atlantic region would
have a reasonable opportunity to harvest
a portion of the quota.
On November 22, 2017 (82 FR 55512),
NMFS announced in a final rule that the
aggregated LCS and hammerhead shark
fisheries management groups for the
Atlantic region would open on January
1 with a quota of 168.9 mt dw (372,552
lb dw) and 27.1 mt dw (59,736 lb dw),
respectively. We had published a
proposed rule on August 22, 2017 (82
FR 39735) and invited and considered
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33872
Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations
amozie on DSK3GDR082PROD with RULES
public comment. In the final rule,
NMFS explained that if it appeared that
the quota is being harvested too quickly,
thus precluding fishing opportunities
throughout the entire region (e.g., if
approximately 20 percent of the quota is
caught at the beginning of the year),
NMFS would consider reducing the
commercial retention limit to 3 or fewer
LCS other than sandbar sharks and then
later consider increasing the retention
limit, perhaps to 36 LCS other than
sandbar sharks per vessel per trip
around July 15, 2018, consistent with
the applicable regulatory requirements.
In May 2018, dealer reports indicated
that landings had reached 19 percent of
the quota, and NMFS therefore reduced
the commercial Atlantic aggregated LCS
and hammerhead shark retention limit
from 25 to 3 LCS other than sandbar
sharks per vessel per trip on May 12,
2018 (83 FR 21744; May 10, 2018) after
considering the inseason retention limit
adjustment criteria listed in
§ 635.24(a)(8). Based on dealer reports
through June 18, 2018, approximately
75 percent and 82 percent of the
aggregated LCS and hammerhead shark
quotas remain, respectively. At this
point in the season, fishermen in the
Atlantic region may not have an
opportunity to fully utilize the quotas in
the region for the remainder of the year
if the retention limits are not increased,
and available quota will be
underutilized.
Accordingly, as of July 18, 2018,
NMFS is increasing the retention limit
for the commercial aggregated LCS and
hammerhead shark management groups
in the Atlantic region for directed shark
limited access permit holders from 3
LCS other than sandbar sharks per
vessel per trip to 36 LCS other than
sandbar sharks per vessel per trip. This
retention limit adjustment does not
apply to directed shark limited access
permit holders if the vessel is properly
permitted to operate as a charter vessel
or headboat for HMS and is engaged in
a for-hire trip, in which case the
recreational retention limits for sharks
and ‘‘no sale’’ provisions apply
(§ 635.22(a) and (c)); or if the vessel
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17:26 Jul 17, 2018
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possesses a valid shark research permit
under § 635.32 and a NMFS-approved
observer is onboard, in which case the
restrictions noted on the shark research
permit apply.
All other retention limits and shark
fisheries in the Atlantic region remain
unchanged. This retention limit will
remain at 36 LCS other than sandbar
sharks per vessel per trip for the rest of
the 2018 fishing season, or until NMFS
announces via a notification in the
Federal Register another adjustment to
the retention limit or a fishery closure,
if warranted.
Classification
The Assistant Administrator for
NMFS (AA) finds that it is impracticable
and contrary to the public interest to
provide prior notice of, and an
opportunity for public comment on, this
action for the following reasons:
Prior notice is impracticable because
the regulatory criteria for inseason
retention limit adjustments are intended
to allow the agency to respond quickly
to existing management considerations,
including remaining available shark
quotas, estimated dates for the fishery
closures, the regional variations in the
shark fisheries, and equitable fishing
opportunities. Additionally, regulations
implementing Amendment 6 of the 2006
Atlantic Consolidated HMS FMP (80 FR
50074, August 18, 2015) intended that
the LCS retention limit could be
adjusted quickly throughout the fishing
season to provide management
flexibility for the shark fisheries and
provide equitable fishing opportunities
to fishermen throughout a region. Based
on available shark quotas and informed
by shark landings in previous seasons,
responsive adjustment to the LCS
commercial retention limit from the
incidental level is warranted as quickly
as possible to allow fishermen to take
advantage of available quotas while
sharks are present in their region. For
such adjustment to be practicable, it
must occur in a timeframe that allows
fishermen to take advantage of it.
Adjustment of the LCS fisheries
retention limit in the Atlantic region
will begin on July 18, 2018. Prior notice
PO 00000
Frm 00078
Fmt 4700
Sfmt 9990
would result in delays in increasing the
retention limit and would adversely
affect those shark fishermen that would
otherwise have an opportunity to
harvest more than the current retention
limit of 3 LCS other than sandbar sharks
per vessel per trip and could result in
low catch rates and underutilized
quotas. Analysis of available data shows
that adjustment of the LCS commercial
retention limit upward to 36 would
result in minimal risks of exceeding the
aggregated LCS and hammerhead shark
quotas in the Atlantic region based on
our consideration of previous years’
data, in which the fisheries have opened
in July. With quota available and with
no measurable impacts to the stocks
expected, it would be contrary to the
public interest to require vessels to wait
to harvest the sharks otherwise
allowable through this action.
Therefore, the AA finds good cause
under 5 U.S.C. 553(b)(B) to waive prior
notice and the opportunity for public
comment. Adjustment of the LCS
commercial retention limit in the
Atlantic region is effective July 18, 2018,
to minimize any unnecessary disruption
in fishing patterns, to allow the
impacted fishermen to benefit from the
adjustment, and to not preclude fishing
opportunities by fishermen farther north
as the sharks are likely going to be in the
northern areas of the region for only a
short period of time before migrating
south again. Foregoing opportunities to
harvest the respective quotas could have
negative social and economic impacts
for U.S. fishermen that depend upon
catching the available quotas. Therefore,
the AA finds there is also good cause
under 5 U.S.C. 553(d)(3) to waive the
30-day delay in effectiveness.
This action is being taken under
§ 635.24(a)(2) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 12, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2018–15283 Filed 7–13–18; 4:15 pm]
BILLING CODE 3510–22–P
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18JYR1
]]>Agencies
[Federal Register Volume 83, Number 138 (Wednesday, July 18, 2018)]
[Rules and Regulations]
[Pages 33870-33872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15283]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 150413357-5999-02]
RIN 0648-XG325
Atlantic Highly Migratory Species; Commercial Aggregated Large
Coastal Shark and Hammerhead Shark Management Group Retention Limit
Adjustment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason retention limit adjustment.
-----------------------------------------------------------------------
SUMMARY: NMFS is adjusting the commercial aggregated large coastal
shark (LCS) and hammerhead shark management group retention limit for
directed shark limited access permit holders in the Atlantic region
from 3 LCS other than sandbar sharks per vessel per trip to 36 LCS
other than sandbar sharks per vessel per trip. This action is based on
consideration of the regulatory determination criteria regarding
inseason adjustments. The retention limit will remain at 36 LCS other
than sandbar sharks per vessel per trip in the Atlantic region through
the rest of the 2018 fishing season or until NMFS announces via a
notification in the Federal Register another adjustment to the
retention limit or a fishery closure. This retention limit adjustment
affects anyone with a directed shark limited access permit fishing for
LCS in the Atlantic region.
DATES: This retention limit adjustment is effective on July 18, 2018,
through December 31, 2018, or until NMFS announces via a notification
in the Federal Register another adjustment to the retention limit or a
fishery closure, if warranted.
FOR FURTHER INFORMATION CONTACT: Lauren Latchford, Gu[yacute] DuBeck,
or Karyl
[[Page 33871]]
Brewster-Geisz 301-427-8503; fax 301-713-1917.
SUPPLEMENTARY INFORMATION: Atlantic shark fisheries are managed under
the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management
Plan (FMP), its amendments, and implementing regulations (50 CFR part
635) issued under authority of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.).
Atlantic shark fisheries have separate regional (Gulf of Mexico and
Atlantic) quotas for all management groups except those for blue shark,
porbeagle shark, pelagic sharks (other than porbeagle or blue sharks),
and the shark research fishery for LCS and sandbar 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 north and east of that boundary is considered, for the
purposes of setting and monitoring quotas, to be within the Atlantic
region. This inseason action only affects the aggregated LCS and
hammerhead shark management groups in the Atlantic region.
Under Sec. 635.24(a)(8), NMFS may adjust the commercial retention
limits in the shark fisheries during the fishing season. Before making
any adjustment, NMFS must consider specified regulatory criteria (see
Sec. 635.24(a)(8)(i) through (vi)). After considering these criteria
as discussed below, NMFS has concluded that increasing the retention
limit of the Atlantic aggregated LCS and hammerhead management groups
for directed shark limited access permit holders in the Atlantic region
will allow use of available aggregated LCS and hammerhead shark
management group quotas and will provide fishermen throughout the
region equitable fishing opportunities for the rest of the year.
Therefore, NMFS is increasing the commercial Atlantic aggregated LCS
and hammerhead shark retention limit in the Atlantic region from 3 to
36 LCS other than sandbar shark per vessel per trip.
NMFS considered the inseason retention limit adjustment criteria
listed at Sec. 635.24(a)(8)(i) through (vi), which includes:
The amount of remaining shark quota in the relevant area,
region, or sub-region to date, based on dealer reports.
Based on dealer reports through June 18, 2018, 52.6 metric tons
(mt) dressed weight (dw) (116,048 lb dw), or 25 percent, of the 168.9
mt dw shark quota for aggregated LCS and 4.9 mt dw (10,836 lb dw), or
18 percent, of the 27.1 mt dw shark quota for the hammerhead management
groups have been harvested in the Atlantic region. This means that
approximately 75 percent of the aggregated LCS quota remains available
and approximately 82 percent of the hammerhead shark quota remains
available. NMFS took action previously this year to reduce retention
rates after considering the relevant inseason adjustment criteria,
particularly the need for all regions to have an equitable opportunity
to utilize the quota. Given the geographic distribution of the sharks
at this time of year (i.e., they are heading north before moving south
again later in the year), the retention limit needs to be adjusted
upwards to ensure that fishermen in the Atlantic region have an
opportunity to fully utilize the quotas in the region throughout the
remainder of the year.
The catch rates of the relevant shark species/complexes in
the region or sub-region, to date, based on dealer reports.
Based on the current commercial retention limit and average catch
rate of landings data from dealer reports, the amount of aggregated LCS
and hammerhead shark quota available is high, while harvest in the
Atlantic region on a daily basis is low. Using current catch rates,
projections indicate that landings would not reach 80 percent of the
quota before the end of the 2018 fishing season (December 31, 2018). A
higher retention limit will better promote fishing opportunities and
utilization of available quota in the Atlantic region.
Estimated date of fishery closure based on when the
landings are projected to reach 80 percent of the quota given the
realized catch rates.
Once the landings reach 80 percent of either the aggregated LCS or
hammerhead shark quotas, NMFS would, as required by the regulations at
Sec. 635.28(b)(3), close the aggregated LCS and hammerhead shark
management groups since they are ``linked quotas.'' Current catch rates
would likely result in the fisheries remaining open for the remainder
of the year, but with the quotas being underutilized in the Atlantic
region. The higher retention limit should help make it possible to more
fully utilize the quota in the Atlantic region.
Effects of the adjustment on accomplishing the objectives
of the 2006 Consolidated HMS FMP and its amendments.
Increasing the retention limit on the aggregated LCS and hammerhead
management groups in the Atlantic region from 3 to 36 LCS other than
sandbar sharks per vessel per trip would allow for fishing
opportunities later in the year, consistent with the FMP's objective to
ensure equitable fishing opportunities throughout the region.
Variations in seasonal distribution, abundance, or
migratory patterns of the relevant shark species based on scientific
and fishery-based knowledge.
The directed shark fisheries in the Atlantic region are composed of
a mix of species, with a high abundance of aggregated LCS caught in
conjunction with hammerhead sharks. Migratory patterns of many LCS in
the Atlantic region indicate the sharks move farther north in the
summer and then return south in the fall. Increasing the retention
limit in the Atlantic region at this time provides for fishing
opportunities by fishermen farther north (i.e. Mid-Atlantic and New
England) as the sharks are likely going to be in the northern areas of
the region for only a short period of time before migrating south
again. As a result, by increasing the harvest and landings on a per-
trip basis, fishermen throughout the Atlantic region will likely
experience equitable fishing opportunities.
Effects of catch rates in one part of a region or sub-
region precluding vessels in another part of that region or sub-region
from having a reasonable opportunity to harvest a portion of the
relevant quota.
NMFS has previously provided notice to the regulated community (82
FR 55512; November 22, 2017, and 83 FR 21744; May 10, 2018) that a goal
of this year's fishery is to ensure fishing opportunities throughout
the fishing season and the Atlantic region. While dealer reports
indicate that, under current catch rates, the aggregated LCS and
hammerhead shark management groups in the Atlantic region would remain
open for the remainder of the year, the catch rates also indicate that
the quotas would likely not be fully harvested under the current
retention limit. If the harvest of these species is increased through
an increased retention limit, NMFS estimates that the fishery would
still remain open for the remainder of the year and fishermen
throughout the Atlantic region would have a reasonable opportunity to
harvest a portion of the quota.
On November 22, 2017 (82 FR 55512), NMFS announced in a final rule
that the aggregated LCS and hammerhead shark fisheries management
groups for the Atlantic region would open on January 1 with a quota of
168.9 mt dw (372,552 lb dw) and 27.1 mt dw (59,736 lb dw),
respectively. We had published a proposed rule on August 22, 2017 (82
FR 39735) and invited and considered
[[Page 33872]]
public comment. In the final rule, NMFS explained that if it appeared
that the quota is being harvested too quickly, thus precluding fishing
opportunities throughout the entire region (e.g., if approximately 20
percent of the quota is caught at the beginning of the year), NMFS
would consider reducing the commercial retention limit to 3 or fewer
LCS other than sandbar sharks and then later consider increasing the
retention limit, perhaps to 36 LCS other than sandbar sharks per vessel
per trip around July 15, 2018, consistent with the applicable
regulatory requirements. In May 2018, dealer reports indicated that
landings had reached 19 percent of the quota, and NMFS therefore
reduced the commercial Atlantic aggregated LCS and hammerhead shark
retention limit from 25 to 3 LCS other than sandbar sharks per vessel
per trip on May 12, 2018 (83 FR 21744; May 10, 2018) after considering
the inseason retention limit adjustment criteria listed in Sec.
635.24(a)(8). Based on dealer reports through June 18, 2018,
approximately 75 percent and 82 percent of the aggregated LCS and
hammerhead shark quotas remain, respectively. At this point in the
season, fishermen in the Atlantic region may not have an opportunity to
fully utilize the quotas in the region for the remainder of the year if
the retention limits are not increased, and available quota will be
underutilized.
Accordingly, as of July 18, 2018, NMFS is increasing the retention
limit for the commercial aggregated LCS and hammerhead shark management
groups in the Atlantic region for directed shark limited access permit
holders from 3 LCS other than sandbar sharks per vessel per trip to 36
LCS other than sandbar sharks per vessel per trip. This retention limit
adjustment does not apply to directed shark limited access permit
holders if the vessel is properly permitted to operate as a charter
vessel or headboat for HMS and is engaged in a for-hire trip, in which
case the recreational retention limits for sharks and ``no sale''
provisions apply (Sec. 635.22(a) and (c)); or if the vessel possesses
a valid shark research permit under Sec. 635.32 and a NMFS-approved
observer is onboard, in which case the restrictions noted on the shark
research permit apply.
All other retention limits and shark fisheries in the Atlantic
region remain unchanged. This retention limit will remain at 36 LCS
other than sandbar sharks per vessel per trip for the rest of the 2018
fishing season, or until NMFS announces via a notification in the
Federal Register another adjustment to the retention limit or a fishery
closure, if warranted.
Classification
The Assistant Administrator for NMFS (AA) finds that it is
impracticable and contrary to the public interest to provide prior
notice of, and an opportunity for public comment on, this action for
the following reasons:
Prior notice is impracticable because the regulatory criteria for
inseason retention limit adjustments are intended to allow the agency
to respond quickly to existing management considerations, including
remaining available shark quotas, estimated dates for the fishery
closures, the regional variations in the shark fisheries, and equitable
fishing opportunities. Additionally, regulations implementing Amendment
6 of the 2006 Atlantic Consolidated HMS FMP (80 FR 50074, August 18,
2015) intended that the LCS retention limit could be adjusted quickly
throughout the fishing season to provide management flexibility for the
shark fisheries and provide equitable fishing opportunities to
fishermen throughout a region. Based on available shark quotas and
informed by shark landings in previous seasons, responsive adjustment
to the LCS commercial retention limit from the incidental level is
warranted as quickly as possible to allow fishermen to take advantage
of available quotas while sharks are present in their region. For such
adjustment to be practicable, it must occur in a timeframe that allows
fishermen to take advantage of it.
Adjustment of the LCS fisheries retention limit in the Atlantic
region will begin on July 18, 2018. Prior notice would result in delays
in increasing the retention limit and would adversely affect those
shark fishermen that would otherwise have an opportunity to harvest
more than the current retention limit of 3 LCS other than sandbar
sharks per vessel per trip and could result in low catch rates and
underutilized quotas. Analysis of available data shows that adjustment
of the LCS commercial retention limit upward to 36 would result in
minimal risks of exceeding the aggregated LCS and hammerhead shark
quotas in the Atlantic region based on our consideration of previous
years' data, in which the fisheries have opened in July. With quota
available and with no measurable impacts to the stocks expected, it
would be contrary to the public interest to require vessels to wait to
harvest the sharks otherwise allowable through this action. Therefore,
the AA finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice
and the opportunity for public comment. Adjustment of the LCS
commercial retention limit in the Atlantic region is effective July 18,
2018, to minimize any unnecessary disruption in fishing patterns, to
allow the impacted fishermen to benefit from the adjustment, and to not
preclude fishing opportunities by fishermen farther north as the sharks
are likely going to be in the northern areas of the region for only a
short period of time before migrating south again. Foregoing
opportunities to harvest the respective quotas could have negative
social and economic impacts for U.S. fishermen that depend upon
catching the available quotas. Therefore, the AA finds there is also
good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in
effectiveness.
This action is being taken under Sec. 635.24(a)(2) and is exempt
from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 12, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2018-15283 Filed 7-13-18; 4:15 pm]
BILLING CODE 3510-22-P
