Atlantic Highly Migratory Species; Commercial Aggregated Large Coastal Shark and Hammerhead Shark Management Group Retention Limit Adjustment, 55638-55640 [2018-24274]
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Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Rules and Regulations
Fraser River Panel Order Number 2018–
10: Issued 1:05 p.m., August 21, 2018
Treaty Indian Fisheries
Areas 4B, 5, and 6C: Extend for drift
gillnets from 12 p.m. (noon),
Wednesday, August 22, 2018, to 1 p.m.,
Friday, August 24, 2018.
Areas 6, 7, and 7A: Open to net
fishing from 5 a.m. to 1 p.m., Friday,
August 24, 2018.
Fraser River Panel Order Number 2018–
11: Issued 3:10 p.m., August 23, 2018
Treaty Indian Fisheries
Areas 4B, 5, and 6C: Extend for drift
gillnets from 1 p.m. to 11:59 p.m.
(midnight), Friday August 24, 2018.
Areas 6, 7, and 7A: Extend for purse
seines from 1 p.m. to 9 p.m., Friday,
August 24, 2018. Extend for gillnets
from 1 p.m. to 11:59 p.m. (midnight),
Friday, August 24, 2018.
Fraser River Panel Order Number 2018–
12: Issued 12:10 p.m., September 11,
2018
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Treaty Indian and All Citizen Fisheries
Areas 4B, 5, 6, 6C, 7, and 7A,
excluding the Apex: Relinquish
regulatory control effective 11:59 p.m.
(midnight), Saturday, September 15,
2018. The Apex is those waters north
and west of the Area 7A ‘‘East Point
Line,’’ defined as a line projected from
the low water range marker in Boundary
Bay on the International Boundary
through the east tip of Point Roberts in
the state of Washington to the East Point
light on Saturna Island in the Province
of British Columbia.
Classification
The Assistant Administrator for
Fisheries NOAA (AA), finds that good
cause exists for the inseason orders to be
issued without affording the public
prior notice and opportunity for
comment under 5 U.S.C. 553(b)(B) as
such prior notice and opportunity for
comments is impracticable and contrary
to the public interest. Prior notice and
opportunity for public comment is
impracticable because NMFS has
insufficient time to allow for prior
notice and opportunity for public
comment between the time the stock
abundance information is available to
determine how much fishing can be
allowed and the time the fishery must
open and close in order to harvest the
appropriate amount of fish while they
are available.
The AA also finds good cause to
waive the 30-day delay in the effective
date, required under 5 U.S.C. 553(d)(3),
of the inseason orders. A delay in the
effective date of the inseason orders
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16:15 Nov 06, 2018
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would not allow fishers appropriately
controlled access to the available fish at
that time they are available.
This action is authorized by 50 CFR
300.97, and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 3636(b).
Dated: November 2, 2018.
Karen H. Abrams,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2018–24371 Filed 11–6–18; 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–XG582
Atlantic Highly Migratory Species;
Commercial Aggregated Large Coastal
Shark and Hammerhead Shark
Management Group Retention Limit
Adjustment
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
retention limit adjustment.
AGENCY:
NMFS is adjusting the
commercial aggregated large coastal
shark (LCS) and hammerhead shark
management group retention limit for
directed shark limited access permit
holders in the Atlantic region from 36
LCS other than sandbar sharks per
vessel per trip to 45 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 45 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 notice 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 November 6, 2018
through December 31, 2018, or until
NMFS announces via a notice in the
Federal Register another adjustment to
the retention limit or a fishery closure,
if warranted.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Lauren Latchford, Chante´ Davis, or
Karyl Brewster-Geisz 301–427–8503; fax
301–713–1917.
SUPPLEMENTARY INFORMATION: Atlantic
shark fisheries are managed under the
2006 Consolidated Highly Migratory
Species (HMS) Fishery Management
Plan (FMP), its amendments, and
implementing regulations (50 CFR part
635) issued under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act (16
U.S.C. 1801 et seq.).
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 36 to 45 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
October 15, 2018, 65.2 metric tons (mt)
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Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Rules and Regulations
dressed weight (dw) (143,809 lb dw), or
39 percent, of the 168.9 mt dw shark
quota for aggregated LCS and 8.3 mt dw
(18,328 lb dw), or 31 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 61 percent of
the aggregated LCS quota remains
available and approximately 69 percent
of the hammerhead shark quota remains
available. NMFS took action in May of
2018 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 (83 FR
21744; May 10, 2018).
• 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 Atlantic 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
authorized under this action will
promote increased 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
available overall, regional, and/or subregional quota, if the fishery’s landings
are not projected to reach 100 percent of
the applicable quota before the end of
the season.
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.’’
However, current catch rates would
likely result in the fisheries remaining
open for the remainder of the year. The
higher retention limit should increase
the likelihood of full utilization of 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 36 to 45 LCS other than
sandbar sharks per vessel per trip would
continue to allow for fishing
opportunities throughout the rest of the
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16:15 Nov 06, 2018
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year while not compromising the
rebuilding objectives established in the
2006 Consolidated HMS FMP.
• 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 that sharks move farther
north in the summer and then return
south in the fall. Taking these migration
patterns into account, NMFS increased
the retention limit on July 18, 2018 from
3 to 36 LCS other than sandbar sharks
per vessel per trip (83 FR 33870) to
provide additional fishing opportunities
for fishermen in the Mid-Atlantic and
New England areas. However, based on
dealer reports through October 15, 2018,
harvest in the Atlantic region on a daily
basis has been low. Therefore, NMFS is
increasing the retention limit from 36 to
45 LCS other than sandbar sharks per
vessel per trip in order to fully utilize
the quota in the entire Atlantic region.
• 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’ goal for the 2018 commercial
shark fishery is to ensure fishing
opportunities throughout the fishing
season and the Atlantic region (82 FR
55512; November 22, 2017, 83 FR
21744; May 10, 2018, and 83 FR 33870;
July 18, 2018). 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 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, and a commercial
retention limit of 25 LCS other than
sandbar sharks per trip for directed
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55639
shark limited access permit holders in
those fisheries. NMFS published a
proposed rule on August 22, 2017 (82
FR 39735) and invited and considered
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 unharvested,
respectively. On July 18, 2018, NMFS
increased the retention limit from 3 LCS
other than sandbar sharks to 36 LCS
other than sandbar sharks (83 FR
33870). Based on dealer reports through
October 15, 2018, approximately 61
percent and 69 percent of the aggregated
LCS and hammerhead shark quotas
remain unharvested, respectively.
Commercial shark landings in the
Atlantic region at this point in the
season are uncharacteristically low.
Fishermen in the Atlantic region may
not have an opportunity to fully utilize
the quotas for the remainder of the year
if the retention limits are not increased,
and available quota will be
underutilized.
Accordingly, as of November 6, 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 36
LCS other than sandbar sharks per
vessel per trip to 45 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
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Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Rules and Regulations
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and ‘‘no sale’’ provisions apply
(§ 635.22(a) and (c)); or if the vessel
possesses a valid shark research permit
under § 635.32 and a NMFS-approved
observer is onboard, 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 45 LCS other than sandbar
sharks per vessel per trip for the rest of
the 2018 fishing season, or until NMFS
announces via a notice 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 November 6, 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 36 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
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upward to 45 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 November 6,
2018, to minimize any unnecessary
disruption in fishing patterns and to
allow fishermen to benefit from the
adjustment. 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: November 1, 2018.
Karen H. Abrams,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2018–24274 Filed 11–6–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 900124–0127]
RIN 0648–XG418
Atlantic Surfclam and Ocean Quahog
Fisheries; 2019 Fishing Quotas for
Atlantic Surfclams and Ocean
Quahogs; and Suspension of Minimum
Atlantic Surfclam Size Limit
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule.
AGENCY:
NMFS suspends the
minimum size limit for Atlantic
surfclams for the 2019 fishing year.
NMFS also announces that the quotas
for the Atlantic surfclam and ocean
quahog fisheries for 2019 will remain
SUMMARY:
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status quo. Regulations governing these
fisheries require NMFS to notify the
public of the allowable harvest levels for
Atlantic surfclams and ocean quahogs
from the Exclusive Economic Zone if
the previous year’s quota specifications
remain unchanged.
DATES: Effective January 1, 2019,
through December 31, 2019.
FOR FURTHER INFORMATION CONTACT:
Douglas Potts, Fishery Policy Analyst,
978–281–9341.
SUPPLEMENTARY INFORMATION: The
regulations implementing the Atlantic
Surfclam and Ocean Quahog Fishery
Management Plan (FMP) at 50 CFR
648.75(b)(3) authorize the
Administrator, Greater Atlantic Region,
NMFS (Regional Administrator), to
suspend annually, by publication in the
Federal Register, the minimum size
limit for Atlantic surfclams. This action
may be taken unless discard, catch, and
biological sampling data indicate that 30
percent or more of the Atlantic surfclam
resource have a shell length less than
4.75 inches (120 mm), and the overall
reduced size is not attributable to
harvest from beds where growth of the
individual clams has been reduced
because of density-dependent factors. At
its June 2018 meeting, the Mid-Atlantic
Fishery Management Council
recommended the Regional
Administrator suspend the minimum
size limit for Atlantic surfclams for the
2019 fishing year. Commercial surfclam
data for 2018 were analyzed to
determine the percentage of surfclams
that were smaller than the minimum
size requirement. The analysis indicated
that 20.2 percent of the overall
commercial landings were composed of
surfclams that were less than the 4.75in (120-mm) default minimum size.
Based on the information available,
the Regional Administrator concurs
with the Council’s recommendation,
and is suspending the minimum size
limit for Atlantic surfclams in the
upcoming fishing year (January 1
through December 31, 2019).
The Atlantic Surfclam and Ocean
Quahog FMP requires that NMFS issue
a notice in the Federal Register of the
upcoming year’s quota, even in cases
where the quota remains unchanged
from the previous year. At its June 2018
meeting, the Council recommended no
change to the quota specifications for
Atlantic surfclams and ocean quahogs
for the 2019 fishing year. As a result, we
are announcing that the 2018 quota
levels of 3.4 million bu (181 million L)
for Atlantic surfclams, 5.33 million bu
(288 million L) for ocean quahogs, and
100,000 Maine bu (3.52 million L) for
Maine ocean quahogs, as announced in
E:\FR\FM\07NOR1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 216 (Wednesday, November 7, 2018)]
[Rules and Regulations]
[Pages 55638-55640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24274]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 150413357-5999-02]
RIN 0648-XG582
Atlantic Highly Migratory Species; Commercial Aggregated Large
Coastal Shark and Hammerhead Shark Management Group Retention Limit
Adjustment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason retention limit adjustment.
-----------------------------------------------------------------------
SUMMARY: NMFS is adjusting the commercial aggregated large coastal
shark (LCS) and hammerhead shark management group retention limit for
directed shark limited access permit holders in the Atlantic region
from 36 LCS other than sandbar sharks per vessel per trip to 45 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 45 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
notice 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 November 6, 2018
through December 31, 2018, or until NMFS announces via a notice in the
Federal Register another adjustment to the retention limit or a fishery
closure, if warranted.
FOR FURTHER INFORMATION CONTACT: Lauren Latchford, Chant[eacute] Davis,
or Karyl Brewster-Geisz 301-427-8503; fax 301-713-1917.
SUPPLEMENTARY INFORMATION: Atlantic shark fisheries are managed under
the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management
Plan (FMP), its amendments, and implementing regulations (50 CFR part
635) issued under authority of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.).
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 36 to
45 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 October 15, 2018, 65.2 metric tons
(mt)
[[Page 55639]]
dressed weight (dw) (143,809 lb dw), or 39 percent, of the 168.9 mt dw
shark quota for aggregated LCS and 8.3 mt dw (18,328 lb dw), or 31
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 61 percent of the aggregated LCS quota remains available
and approximately 69 percent of the hammerhead shark quota remains
available. NMFS took action in May of 2018 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 (83 FR 21744; May 10, 2018).
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 Atlantic
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 authorized under this
action will promote increased 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 available overall,
regional, and/or sub-regional quota, if the fishery's landings are not
projected to reach 100 percent of the applicable quota before the end
of the season.
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.'' However, current
catch rates would likely result in the fisheries remaining open for the
remainder of the year. The higher retention limit should increase the
likelihood of full utilization of 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 36 to 45 LCS other than
sandbar sharks per vessel per trip would continue to allow for fishing
opportunities throughout the rest of the year while not compromising
the rebuilding objectives established in the 2006 Consolidated HMS FMP.
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 that sharks move farther north in the
summer and then return south in the fall. Taking these migration
patterns into account, NMFS increased the retention limit on July 18,
2018 from 3 to 36 LCS other than sandbar sharks per vessel per trip (83
FR 33870) to provide additional fishing opportunities for fishermen in
the Mid-Atlantic and New England areas. However, based on dealer
reports through October 15, 2018, harvest in the Atlantic region on a
daily basis has been low. Therefore, NMFS is increasing the retention
limit from 36 to 45 LCS other than sandbar sharks per vessel per trip
in order to fully utilize the quota in the entire Atlantic region.
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' goal for the 2018 commercial shark fishery is to ensure
fishing opportunities throughout the fishing season and the Atlantic
region (82 FR 55512; November 22, 2017, 83 FR 21744; May 10, 2018, and
83 FR 33870; July 18, 2018). 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 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, and a commercial retention limit of 25 LCS other than
sandbar sharks per trip for directed shark limited access permit
holders in those fisheries. NMFS published a proposed rule on August
22, 2017 (82 FR 39735) and invited and considered 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 unharvested,
respectively. On July 18, 2018, NMFS increased the retention limit from
3 LCS other than sandbar sharks to 36 LCS other than sandbar sharks (83
FR 33870). Based on dealer reports through October 15, 2018,
approximately 61 percent and 69 percent of the aggregated LCS and
hammerhead shark quotas remain unharvested, respectively. Commercial
shark landings in the Atlantic region at this point in the season are
uncharacteristically low. Fishermen in the Atlantic region may not have
an opportunity to fully utilize the quotas for the remainder of the
year if the retention limits are not increased, and available quota
will be underutilized.
Accordingly, as of November 6, 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 36 LCS other than sandbar sharks per vessel
per trip to 45 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
[[Page 55640]]
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 45 LCS
other than sandbar sharks per vessel per trip for the rest of the 2018
fishing season, or until NMFS announces via a notice 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 November 6, 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 36 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 45 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
November 6, 2018, to minimize any unnecessary disruption in fishing
patterns and to allow fishermen to benefit from the adjustment.
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: November 1, 2018.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2018-24274 Filed 11-6-18; 8:45 am]
BILLING CODE 3510-22-P
