Atlantic Highly Migratory Species; 2019 Atlantic Shark Commercial Fishing Year, 60777-60784 [2018-25744]
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Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Rules and Regulations
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 eastern and
western Gulf of Mexico sub-regions is
drawn along 88°00′ W long
(§ 635.27(b)(1)(ii)).
During the closure, retention of
blacktip sharks in the eastern Gulf of
Mexico 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 in the eastern 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
in the eastern 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 in the
eastern 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 in the eastern 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 blacktip 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 in the eastern
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
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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 § 635.28(b)(2) and is
exempt from review under Executive
Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 21, 2018.
Karen H. Abrams,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2018–25790 Filed 11–21–18; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 180517486–8999–02]
RIN 0648–XG263
Atlantic Highly Migratory Species;
2019 Atlantic Shark Commercial
Fishing Year
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
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60777
Final rule; fishing season
notification.
ACTION:
This final rule establishes the
2019 opening date for all Atlantic shark
fisheries, including the fisheries in the
Gulf of Mexico and Caribbean. This
final rule also establishes the quotas for
the 2019 fishing year based on harvest
levels during 2018, and the large coastal
shark (LCS) retention limits for directed
shark limited access permit holders.
NMFS may increase or decrease these
retention limits for directed shark
limited access permit holders during the
year, in accordance with existing
regulations, to provide, to the extent
practicable, equitable fishing
opportunities for commercial shark
fishermen in all regions and areas.
These actions could affect fishing
opportunities for commercial shark
fishermen in the northwestern Atlantic
Ocean, including the Gulf of Mexico
and Caribbean Sea.
DATES: This rule is effective on January
1, 2019. The 2019 Atlantic commercial
shark fishing year opening dates and
quotas are provided in Table 1 under
SUPPLEMENTARY INFORMATION.
ADDRESSES: Atlantic Highly Migratory
Species (HMS) Management Division,
1315 East-West Highway, Silver Spring,
MD 20910.
FOR FURTHER INFORMATION CONTACT:
Lauren Latchford, Chante´ Davis, or
Karyl Brewster-Geisz at 301–427–8503.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The Atlantic commercial shark
fisheries are managed under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act). The 2006
Consolidated HMS Fishery Management
Plan (FMP) and its amendments are
implemented by regulations at 50 CFR
part 635. For the Atlantic commercial
shark fisheries, the 2006 Consolidated
HMS FMP and its amendments
established, among other things,
commercial shark retention limits,
commercial quotas for species and
management groups, and accounting
measures for under- and overharvests
for the shark fisheries. The FMP also
established adaptive management
measures such as flexible opening dates
for the fishing season and inseason
adjustments to shark trip limits, which
provide management flexibility in
furtherance of equitable fishing
opportunities, to the extent practicable,
for commercial shark fishermen in all
regions and areas.
On September 11, 2018 (83 FR 45866),
NMFS published a proposed rule that
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proposed opening all Atlantic
commercial shark management groups
on January 1, 2019. NMFS proposed to
start the 2019 commercial shark fishing
year in the eastern and western Gulf of
Mexico sub-regions with a retention
limit of 36 LCS other than sandbar
sharks per vessel per trip. In the
Atlantic region, NMFS proposed to start
the fishing year with a retention limit of
25 LCS other than sandbar sharks per
vessel per trip and adjust the
commercial shark retention limit
between zero and 55 LCS other than
sandbar sharks per vessel per trip to
ensure equitable access to the fishery
throughout the year. In addition, NMFS
proposed quota adjustments to account
for underharvest of the Gulf of Mexico
blacktip shark management group, Gulf
of Mexico smoothhound shark
management group, and Atlantic
smoothhound shark management group
quotas. The proposed rule contains
details about the action that are not
repeated here. The comment period on
the proposed rule closed on October 11,
2018.
NMFS received eight written and oral
comments regarding the proposed
opening dates, retention limits, and
potential inseason retention limit
adjustments as it applied to LCS in the
Gulf of Mexico and Atlantic regions.
Those comments, along with the
Agency’s responses, are summarized
below. After considering all the
comments, NMFS is opening the fishing
year for all shark management groups on
January 1, 2019, as proposed. NMFS is
changing the retention limit for directed
shark limited access permit holders in
the blacktip, aggregated LCS, and
hammerhead management groups for
the entire Gulf of Mexico region to 45
LCS other than sandbar sharks per
vessel per trip in this final rule. The
proposed rule would have set the
retention limit at 36 LCS other than
sandbar sharks per vessel per trip. The
aggregated LCS and hammerhead shark
management groups in the Atlantic
region will start the fishing year with a
retention limit of 25 LCS other than
sandbar sharks per vessel per trip for
directed shark limited access permit
holders, as proposed. The retention
limit for incidental shark limited access
permit holders for all regions has not
changed from the proposed rule and
remains at 3 LCS other than sandbar
sharks per trip and a combined total of
16 small coastal sharks (SCS) and
pelagic sharks, combined per trip
consistent with § 635.24(a)(3) and (4).
Additionally, the retention limit for
blacknose sharks for all permit holders
in the Atlantic region south of 34000′
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N.lat. has not changed from the
proposed rule and remains at an eight
blacknose sharks per trip consistent
with § 635.24 (a)(4).
This final rule serves as notification of
the 2019 opening date for the Atlantic
commercial shark fisheries and 2019
retention limits and quotas, based on
shark landings data updated as of
October 15, 2018 and criteria set in
existing regulations at 50 CFR, Part 635.
In setting the opening date, NMFS
considered the ‘‘opening commercial
fishing season’’ criteria at § 635.27(b)(3).
This criteria includes the following
factors: Available annual quotas for the
current fishing season; estimated season
length and average weekly catch rates
from previous years; length of the
season and fishermen participation in
past years; impacts to accomplishing
objectives of the 2006 Consolidated
HMS FMP and its amendments;
temporal variation in behavior or
biology of target species (e.g., seasonal
distribution or abundance); impact of
catch rates in one region on another;
and effects of delayed season openings.
While this action adjusts certain
quotas as allowable, this action does not
establish or change the annual baseline
commercial quotas established under
the 2006 Consolidated HMS FMP and
its amendments for any shark
management group. The baselines
quotas were established under previous
actions, and any changes to those
baseline quotas would be performed
through a separate action. Rather, this
action adjusts the annual commercial
quotas for 2019 based on over- and/or
underharvests that occurred in 2018,
consistent with existing regulations, and
establishes the opening dates for the
fisheries. Based on updated landings
information as of October 15, 2018, only
the adjusted blacktip quota in the Gulf
of Mexico region has changed from the
proposed rule. All other quotas remain
the same as proposed.
Response to Comments
NMFS received eight written and oral
comments on the proposed rule from
fishermen, dealers, and other interested
parties. All written comments can be
found at https://www.regulations.gov/ by
searching for RIN 0648–XG263. All of
the comments received are summarized
below.
Comment 1: NMFS received several
comments regarding the proposed
decrease in the commercial retention
limit for the aggregated LCS,
hammerhead, and blacktip management
groups in the eastern and western Gulf
of Mexico sub-regions. Of those
comments, all were opposed to the
proposed retention limit of 36
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aggregated LCS other than sandbar
sharks per vessel per trip, and noted
that NMFS should maintain the
retention limit at 45 aggregated LCS
other than sandbar sharks per vessel per
trip. The State of Louisiana along with
commercial fishermen from the western
Gulf of Mexico sub-region noted that
they preferred keeping the retention
limit at the default limit of 45 sharks per
vessel per trip. Commenters prefer to
maximize shark landings per trip,
regardless of the length or timing of the
season. NMFS also received comments
from commercial fishermen in the
eastern Gulf of Mexico sub-region that
stated they also preferred a retention
limit of 45 aggregated LCS per vessel per
trip. Specifically, the fishermen in the
eastern Gulf of Mexico sub-region noted
that because of the consistent
regulations over the past few years, the
market for shark meat has expanded in
their area. NMFS did not receive any
comments in support of the reduction.
Response: After considering these
comments, NMFS has determined that
the default retention limit of 45 LCS
other than sandbar sharks per vessel per
trip is appropriate and will ensure
equitable fishing opportunities in both
Gulf of Mexico sub-regions, to the extent
practicable. NMFS originally proposed a
lower retention limit in the western Gulf
of Mexico sub-region with the goal of
preserving quota for the fishery through
April 1, which is when the State of
Louisiana closes shark fishing in state
waters. However, comments from the
western Gulf of Mexico sub-region,
including comments from the State of
Louisiana, did not support the lower
proposed retention and preferred a
higher retention limit per trip. The State
of Louisiana has a default limit of 45
LCS including blacktips and
hammerheads per trip per vessel per
day and prefers that the federal limit
match the state limit. Regarding the
eastern Gulf of Mexico sub-region,
NMFS proposed the lower retention
limit to reduce any confusion caused by
having two separate retention limits in
the Gulf of Mexico region. Given public
comment from both sub-regions, and
supporting information from eastern
Gulf of Mexico fishermen regarding the
expanding market for shark meat, NMFS
will also maintain the default retention
limit in the eastern Gulf of Mexico subregion.
Comment 2: Several commenters
supported the proposed opening date of
January 1, 2019 for the Gulf of Mexico
region.
Response: Given the support for this
opening date, NMFS will open the Gulf
of Mexico blacktip, aggregated LCS, and
hammerhead shark management groups
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on January 1, 2019, as proposed. NMFS
will also open all the other shark
management groups, including those in
the Atlantic region, on January 1, 2019,
as proposed.
Comment 3: One commenter
expressed concern about adequate
enforcement of the quotas and retention
limits, noting that they feel shark
populations are being decimated, and
requested a closure of all shark fisheries.
Response: NMFS is responsible for
managing quotas for the Atlantic shark
fisheries consistent with the MagnusonStevens Act and other applicable laws.
Based on various stock assessments and
best available science, NMFS
established baseline quotas for various
Atlantic shark management groups in
the 2006 Consolidated HMS FMP and
its amendments. These baseline quotas
were established to prevent overfishing
and ensure overfished stocks would
rebuild within a specified timeframe.
NMFS adjusts these baseline quotas, as
needed, on an annual basis as a result
of over- or underharvests in previous
years. When establishing the shark
commercial baseline quota, NMFS uses
the total allowable catch calculated
during the stock assessment then
subtracts all other sources of mortality,
including recreational landings,
commercial discards, post-release
mortality, and research set-aside
mortality. NMFS also takes into account
the effects of fishing on essential fish
habitat, protected resources, and the
environment to fulfill requirements for
the associated FMP amendment along
with socioeconomic value of these shark
species to various groups. The quota is
then monitored using dealer reports on
a weekly basis throughout the year.
NMFS closes the commercial fishery for
any shark management group if the
landings have reached, or 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, or when the quota-linked
management group is closed. Once the
quota is reached, these fishery closures
prevent overfishing of the relevant
stock(s). Since these quotas are based on
the best scientific information available,
NMFS is confident that allowing
commercial shark fishing in 2019 will
not cause shark populations to be
decimated.
Regarding the comment about
adequate enforcement, NMFS takes
enforcement of these regulations
seriously. If suspected illegal activities
are observed in any fishery and/or
region, specific information regarding
such incidents can be reported to NOAA
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Office of Law Enforcement through the
national enforcement hotline at 1–800–
853–1964. All commercial shark
landings and quotas are monitored with
the HMS electronic dealer reporting
system, which has been in use since
2013. This system monitors data on a
weekly basis, and provides information
on each dealer transaction, including all
shark landings to the species level, and
ensures that quotas are not exceeded. In
addition, NMFS can verify and detect
falsified reporting by dealers and
fishermen by cross-checking dealer
reports to fishermen’s logbooks.
Comment 4: NMFS received
comments regarding the Gulf of Mexico
blacktip shark stock. Specifically,
commenters asked for a new Gulf of
Mexico blacktip shark stock assessment
and an increase in the blacktip shark
quota. Commenters also requested that
NMFS combine the Gulf of Mexico
blacktip shark management group with
the aggregated LCS management group.
Response: These comments are
outside the scope of this rulemaking.
The purpose of this rulemaking is to
adjust quotas for the 2019 shark year
based on over- and underharvests from
the previous years and set opening dates
and initial retention limits for the 2019
shark year. Issues regarding new
baseline quotas, new management units,
and the timing of stock assessments are
not addressed by this rulemaking.
NMFS did complete an update to the
Gulf of Mexico blacktip stock
assessment in October 2018 (https://
sedarweb.org/sedar-29u), and is
reviewing the results to determine if any
changes, such as modifying the various
management units or changes to the
quotas, are needed. Additionally, NMFS
will be assessing the Atlantic blacktip
stock via the SouthEast Data,
Assessment, and Review process in
2019, and will consider appropriate
management measures for that stock
once the assessment is complete.
Comment 5: NMFS received a
comment requesting the division
between eastern and western Gulf of
Mexico sub-regions be moved from 88 to
89 degrees west longitude.
Response: This comment is outside
the scope of this rulemaking because the
purpose of this rulemaking is to adjust
quotas for the 2019 shark year based on
over- and underharvests from the
previous years and set opening dates
and initial retention limits for the 2019
shark year. In Amendment 6 to the 2006
Consolidated HMS FMP, NMFS
analyzed, among other things, the
impacts and justification for a regional
management boundary to apportion the
Gulf of Mexico regional commercial
quotas for aggregated LCS, and blacktip
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60779
shark management groups. Based on
public comments and additional
analyses, and after consulting with the
HMS Advisory Panel, NMFS established
a division of the Gulf of Mexico at 88°
W. longitude. The issue of subdividing
the Gulf of Mexico regional quota is not
being re-addressed in this rulemaking.
Changes From the Proposed Rule
As described above, and as a result of
public comment and additional
analyses, NMFS made changes from the
proposed rule. Specifically, NMFS
changed the retention limit for directed
shark limited access permit holders at
the start of the commercial shark fishing
year for the blacktip, aggregated LCS,
and hammerhead shark management
groups in the eastern and western Gulf
of Mexico sub-regions from 36 LCS
other than sandbar sharks per vessel per
trip to 45 LCS other than sandbar sharks
per vessel per trip. NMFS changed the
retention limit after considering public
comment and the 2018 landings data.
NMFS noted in the proposed rule that
retention limits might change in
response to public comment. The
default retention limit is within the
allowable range and consistent with the
limits established in recent years. NMFS
expects that a retention limit of 45 LCS
other than sandbar sharks per vessel per
trip will provide equitable fishing
opportunities throughout the sub
regions, to the extent practicable, and
retains its discretion to make inseason
adjustments to retention limits, in
accordance with existing regulations
and in furtherance of the goals and
objectives of the 2006 Consolidated
HMS FMP and its amendments.
Additionally, based on updated
landings information, NMFS changed
the final blacktip shark quota in both
Gulf of Mexico sub-regions. As NMFS
explained in the proposed rule (83 FR
45866; Sept 11, 2018), shark
management group quotas in this final
rule are based on dealer reports received
as of mid-October. Specifically, the final
adjustments are based on updated
landings through October 15, 2018.
Updated landing reports indicate an
additional 11.5 metric tons (mt) of
blacktip shark was landed in the Gulf of
Mexico in 2018. Accordingly, the
regional underharvest for the Gulf of
Mexico region is now only 26.9 mt
dressed weight (dw) (59,355 pounds (lb)
dw). Since more blacktip sharks were
landed, the final adjustment is lower
than the proposed adjustment of 38.4 mt
dw (84,702 lb dw).
Therefore, the sub-regional quota
adjustments are also lower than the
adjustments in the proposed rule. The
underharvest is divided between the
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two sub-regions, based on the
percentages that are allocated to each
sub-region, which are set forth at
§ 635.27(b)(1)(ii)(C). The western Gulf of
Mexico sub-regional baseline quota is
being increased by 24.3 mt dw (53,538
lb dw), which is a reduction of 10.3 mt
dw from the proposed rule. Similarly,
the eastern Gulf of Mexico sub-regional
baseline quota is being increased by 2.6
mt dw (5,817 lb dw), which is a
reduction of 1.1 mt dw from the
proposed rule.
2019 Annual Quotas
This final rule adjusts the 2019
commercial quotas due to overharvests
and/or underharvests in 2018 and
previous fishing years, based on
landings data through October 15, 2018.
The 2018 annual quotas by species and
management group are summarized in
Table 1. Any dealer reports that are
received by NMFS after October 15,
2018 will be used to adjust the 2020
quotas, if necessary. A description of the
quota calculations is provided in the
proposed rule and is not repeated here.
Any changes are described in the
‘‘Changes from the Proposed Rule’’
section.
TABLE 1—2019 FINAL ADJUSTED QUOTAS FOR THE ATLANTIC SHARK FISHERIES
[All quotas and landings are dressed weight (dw), in metric tons (mt), unless specified otherwise. 1 mt dw = 2,204.6 lb dw.]
Western Gulf of Mexico.
Blacktip Sharks ........
Aggregated Large
Coastal Sharks.
Hammerhead Sharks
Eastern Gulf of Mexico
Blacktip Sharks ........
Aggregated Large
Coastal Sharks.
Hammerhead Sharks
Gulf of Mexico ............
Atlantic ........................
No regional quotas .....
Non-Blacknose Small
Coastal Sharks.
Smoothhound
Sharks.
Aggregated Large
Coastal Sharks.
Hammerhead Sharks
Non-Blacknose Small
Coastal Sharks.
Blacknose Sharks
(South of 34° N
lat. only).
Smoothhound
Sharks.
Non-Sandbar LCS
Research.
Sandbar Shark Research.
Blue Sharks .............
Porbeagle Sharks ....
Pelagic Sharks Other
Than Porbeagle or
Blue.
(A)
(B)
(C)
(D)
(D + C)
347.2 mt dw
(765,392 lb dw).
72.0 mt dw (158,724
lb dw).
11.9 mt dw (26,301
lb dw).
37.7mt dw (83,158 lb
dw).
85.5 mt dw (188,593
lb dw).
13.4 mt dw (29,421
lb dw).
112.6 mt dw
(248,215 lb dw).
504.6 mt dw
(1,112,441 lb dw).
168.9 mt dw
(372,552 lb dw).
27.1 mt dw (59,736
lb dw).
264.1 mt dw
(582,333 lb dw).
17.2 mt dw (37,921
lb dw).
330.4 mt dw
(728,314 lb dw).
92.4 mt dw (203,656
lb dw).
11.0 mt dw (24,292
lb dw).
27.6 mt dw (60,881
lb dw).
49.7 mt dw (109,653
lb dw).
8.4 mt dw (18,555 lb
dw).
54.0 mt dw (118,968
lb dw).
0 mt dw (0 lb dw) .....
24.3 mt dw (53,538
lb dw) 3.
..................................
231.5 mt dw
(510,261 lb dw).
72.0 mt dw (158,724
lb dw).
11.9 mt dw (26,301
lb dw).
25.1 mt dw (55,439
lb dw).
85.5 mt dw (188,593
lb dw).
13.4 mt dw (29,421
lb dw).
112.6 mt dw
(248,215 lb dw).
336.4 mt dw
(741,627).
168.9 mt dw
(372,552 lb dw).
27.1 mt dw (59,736
lb dw).
264.1 mt dw
(582,333 lb dw).
17.2 mt dw (37,921
lb dw).
255.8 mt dw
(563,799 lb dw).
72.0 mt dw (158,724
lb dw).
11.9 mt dw (26,301
lb dw).
27.7 mt dw (61,256
lb dw).
85.5 mt dw (188,593
lb dw).
13.4 mt dw (29,421
lb dw).
112.6 mt dw
(248,215 lb dw).
504.6 mt dw
(1,112,441 lb dw).
168.9 mt dw
(372,552 lb dw).
27.1 mt dw (59,736
lb dw).
264.1 mt dw
(582,333 lb dw).
17.2 mt dw (37,921
lb dw).
1,802.6 mt dw
(3,973,902 lb dw).
50.0 mt dw (110,230
lb dw).
90.7 mt dw (199,943
lb dw).
273.0 mt dw
(601,856 lb dw).
1.7 mt dw (3,748 lb
dw).
488.0 mt dw
(1,075,856 lb dw).
370.4 mt dw
(816,572 lb dw).
12.3 mt dw (27,123
lb dw).
42.8 mt dw (94,123
lb dw).
< 13.6 mt dw (<
30,000 lb dw).
0 mt dw (0 lb dw) .....
600.9 mt dw
(1,324,634 lb dw).
..................................
44.7 mt dw (98,521
lb dw).
..................................
1,201.7 mt dw
(2,649,268 lb dw).
50.0 mt dw (110,230
lb dw).
90.7 mt dw (199,943
lb dw).
273.0 mt dw
(601,856 lb dw).
1.7 mt dw (3,748 lb
dw).
488.0 mt dw
(1,075,856 lb dw).
1,802.6 mt dw
(3,973,902 lb dw).
50.0 mt dw (110,230
lb dw).
90.7 mt dw (199,943
lb dw).
273.0 mt dw
(601,856 lb dw).
1.7 mt dw (3,748 lb
dw).
488.0 mt dw
(1,075,856 lb dw).
65.2 mt dw (143,809
lb dw).
8.3 mt dw (18,328 lb
dw).
82.2 mt dw (181,149
lb dw).
4.6 mt dw (10,213 lb
dw).
..................................
2.6 mt dw (5,817 lb
dw) 3.
..................................
..................................
..................................
168.2 mt dw
(370,814 lb dw).
..................................
..................................
..................................
..................................
..................................
..................................
..................................
1 Landings
are from January 1, 2018, through October 15, 2018, and are subject to change.
adjustments can only be applied to stocks or management groups that are not overfished and have no overfishing occurring.
Also, the underharvest adjustments cannot exceed 50 percent of the baseline quota.
3 This final rule would increase the overall Gulf of Mexico blacktip shark quota due to an overall underharvest of 26.9 mt dw (59,355 lb dw) in
2018. The overall quota would be split based on percentages that are allocated to each sub-region, as explained in the text.
2 Underharvest
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2019 Atlantic Commercial Shark
Fishing Year
NMFS considered the seven ‘‘opening
commercial fishing season’’ criteria
listed in § 635.27(b)(3), as discussed
above and as described in the proposed
rule (83 FR 45866; September 11, 2018).
These include, among other things: the
available annual quotas based on any
over- and/or underharvests experienced
during the previous seasons; the
estimated season length based on
available quotas and catch rates from
previous years; the length of the season
in the previous years and whether
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16:05 Nov 26, 2018
Jkt 247001
fishermen were able to participate in the
fishery in those years; and the effects of
catch rates in one part of a region
precluding vessels in another part of
that region from having a reasonable
opportunity to harvest a portion of the
different species and/or management
quotas.
Regarding the LCS retention limit, as
shown in Table 2, directed shark limited
access permit holders fishing on the
Gulf of Mexico blacktip shark,
aggregated LCS, and hammerhead shark
management groups will start the
commercial fishing year at 45 LCS other
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than sandbar sharks per vessel per trip.
Directed shark limited access permits
fishing on the Atlantic aggregated LCS
and hammerhead shark management
groups will start the commercial fishing
year at 25 LCS other than sandbar
sharks per vessel per trip. These
retention limits could be changed
throughout the year based on
consideration of the inseason trip limit
adjustment criteria at § 635.24(a)(8).
Specifically, in the Atlantic region,
NMFS will closely monitor the quota at
the beginning of the year. If it appears
that the quota is being harvested too
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quickly to allow fishermen throughout
the entire region the opportunity to fish
(e.g., if approximately 20 percent of the
quota is caught at the beginning of the
year), NMFS will consider reducing the
commercial retention limit, potentially
to 3 LCS other than sandbar sharks per
vessel per trip. Given the geographic
distribution of the sharks at this time of
year (i.e., they head north before moving
south again later in the year), the
retention limit would be adjusted to
ensure there is quota available later in
the year (see the criteria at
§ 635.24(a)(8)(i), (ii), (v), and (vi)). Then,
based on the prior years’ fishing
activity, and to allow more consistent
fishing opportunities later in the year,
NMFS will consider raising the
commercial retention around July 15,
2019. The specific increase or decrease
in retention limit depends on a review
of the inseason trip limit adjustment
criteria at § 635.24(a)(8).
All of the shark management groups
will remain open until December 31,
2019, or until NMFS determines that the
landings for any shark management
group have reached, or 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, or when the quota-linked
management group is closed. For the
blacktip shark management group,
regulations at § 635.28(b)(5)(i) through
(v) authorize NMFS to close the
management group before landings
reach, or are expected to reach 80
percent of the available overall,
regional, and/or sub-regional quota 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 subregional seasonal distribution,
abundance, and migratory patterns;
effects on accomplishing the objectives
of the 2006 Consolidated Atlantic HMS
FMP and its amendments; amount of
remaining shark quotas in the relevant
sub-region; and regional and/or sub-
60781
regional catch rates of the relevant shark
species or management groups.
Additionally, NMFS has previously
established non-linked and linked
quotas; linked quotas are explicitly
designed to concurrently close multiple
shark management groups that are
caught together to prevent incidental
catch mortality from exceeding the total
allowable catch. The linked and nonlinked quotas are shown in Table 2. If
NMFS determines that a shark species
or management group must be closed,
then NMFS will publish a notice in the
Federal Register of closure for that
shark species, shark management group,
region, and/or sub-region that will be
effective no fewer than four days from
the date of filing (§ 635.28(b)(2) and (3)).
From the effective date and time of the
closure until NMFS announces, via the
publication of a notice in the Federal
Register, that additional quota is
available and the season is reopened,
the fisheries for the shark species or
management group are closed, even
across fishing years.
TABLE 2—QUOTA LINKAGES, OPENING DATES, AND COMMERCIAL RETENTION LIMIT BY REGIONAL OR SUB-REGIONAL
SHARK MANAGEMENT GROUP
Region or sub-region
Management group
Quota linkages
Opening dates
Eastern Gulf of Mexico ........
Blacktip Sharks ....................
Not Linked ............................
January 1, 2019 ....
45 LCS other than sandbar
sharks per vessel per trip.
Linked ...................................
Western Gulf of Mexico .......
Aggregated Large Coastal
Sharks.
Hammerhead Sharks ...........
Blacktip Sharks ....................
January 1, 2019 ....
45 LCS other than sandbar
sharks per vessel per trip.
Not Linked ............................
January 1, 2019 ....
N/A.
Linked ...................................
January 1, 2019 ....
25 LCS other than sandbar
sharks per vessel per trip.
If quota is landed quickly,
NMFS anticipates considering an inseason reduction, and later considering
an inseason increase
around July 15, 2019.
Linked (South of 34° N. lat.
only).
..............................................
January 1, 2019 ....
N/A.
...............................
Linked ...................................
January 1, 2019 ....
8 Blacknose sharks per vessel per trip (applies to directed and incidental permit holders).
N/A.
Not Linked ............................
January 1, 2019 ....
N/A.
Gulf of Mexico ......................
Atlantic .................................
Aggregated Large Coastal
Sharks.
Hammerhead Sharks ...........
Non-Blacknose Small Coastal Sharks.
Aggregated Large Coastal
Sharks.
Hammerhead Sharks ...........
Non-Blacknose Small Coastal Sharks.
Blacknose Sharks (South of
34° N. lat. only).
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Commercial retention limits
for directed shark limited access permit holders
(inseason adjustments are
available)
No regional quotas ...............
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Non-Sandbar LCS Research
Sandbar Shark Research .....
Blue Sharks ..........................
Porbeagle Sharks ................
Pelagic Sharks Other Than
Porbeagle or Blue.
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Not Linked ............................
Linked ...................................
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Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Rules and Regulations
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Classification
The NMFS Assistant Administrator
has determined that the final rule is
consistent with the 2006 Consolidated
HMS FMP and its amendments, other
provisions of the Magnuson-Stevens
Act, and other applicable law.
This final rule is exempt from review
under Executive Order 12866 because
they contain no implementing
regulations.
In compliance with section 604 of the
Regulatory Flexibility Act (RFA), NMFS
prepared a Final Regulatory Flexibility
Analysis (FRFA) for this final rule. The
FRFA analyzes the anticipated
economic impacts of the final actions
and any significant economic impacts
on small entities. The FRFA is below.
Section 604(a)(1) of the RFA requires
an explanation of the purpose of the
rulemaking. The purpose of this final
rulemaking is, consistent with the
Magnuson-Stevens Act and the 2006
Consolidated HMS FMP and its
amendments, to establish the 2018
Atlantic commercial shark fishing
quotas, retention limits, and fishing
seasons. Without this rule, the Atlantic
commercial shark fisheries would close
on December 31, 2018, and would not
reopen until another action was taken.
This final rule will be implemented
according to the regulations
implementing the 2006 Consolidated
HMS FMP and its amendments. Thus,
NMFS expects few, if any, economic
impacts to fishermen other than those
already analyzed in the 2006
Consolidated HMS FMP and its
amendments. While there may be some
direct negative economic impacts
associated with the opening dates for
fishermen in certain areas, there could
also be positive effects for other
fishermen in the region. The opening
dates were chosen to allow for an
equitable distribution of the available
quotas among all fishermen across
regions and states, to the extent
practicable.
Section 604(a)(2) of the RFA requires
NMFS to summarize significant issues
raised by the public in response to the
Initial Regulatory Flexibility Analysis
(IRFA), provide a summary of NMFS’
assessment of such issues, and provide
a statement of any changes made as a
result of the comments. The IRFA was
done as part of the proposed rule for the
2019 Atlantic Commercial Shark Season
Specifications. NMFS did not receive
any comments specific to the IRFA or
on economics more generally.
Section 604(a)(3) of the RFA requires
NMFS to the respond to any comments
filed by the Chief Counsel for Advocacy
of the Small Business Administration in
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16:05 Nov 26, 2018
Jkt 247001
response to the proposed rule and
provide a detailed statement of any
change made to the proposed rule as a
result of the comments. NMFS did not
receive any comments from the Chief
Counsel for Advocacy of the Small
Business Administration on the
proposed rule.
Section 604(a)(4) of the RFA requires
NMFS to provide an estimate of the
number of small entities to which the
rule would apply. The Small Business
Administration (SBA) has established
size criteria for all major industry
sectors in the United States, including
fish harvesters. Provision is made under
SBA’s regulations for an agency to
develop its own industry-specific size
standards after consultation with
Advocacy and an opportunity for public
comment (see 13 CFR 121.903(c)).
Under this provision, NMFS may
establish size standards that differ from
those established by the SBA Office of
Size Standards, but only for use by
NMFS and only for the purpose of
conducting an analysis of economic
effects in fulfillment of the agency’s
obligations under the RFA. To utilize
this provision, NMFS must publish such
size standards in the Federal Register,
which NMFS did on December 29, 2015
(80 FR 81194, December 29, 2015). In
that final rule effective on July 1, 2016,
NMFS established a small business size
standard of $11 million in annual gross
receipts for all businesses in the
commercial fishing industry (NAICS
11411) for RFA compliance purposes
(80 FR 81194, December 29, 2015).
NMFS considers all HMS permit
holders to be small entities because they
had average annual receipts of less than
$11 million for commercial fishing.
As of October 2018, the final rule
would apply to the approximately 220
directed commercial shark permit
holders, 268 incidental commercial
shark permit holders, 163 smoothhound
shark permit holders, and 108
commercial shark dealers. Not all
permit holders are active in the fishery
in any given year. Active directed
commercial shark permit holders are
defined as those with valid permits that
landed one shark based on HMS
electronic dealer reports. Of the 488
directed and incidental commercial
shark permit holders, only 24 permit
holders landed sharks in the Gulf of
Mexico region and only 89 landed
sharks in the Atlantic region. Of the 163
smoothhound shark permit holders,
only 66 permit holders landed
smoothhound sharks in the Atlantic
region and one permit holder landed
smoothhound sharks in the Gulf of
Mexico region. NMFS has determined
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that the final rule would not likely affect
any small governmental jurisdictions.
Section 604(a)(5) of the RFA requires
NMFS to describe the projected
reporting, recordkeeping, and other
compliance requirements of the final
rule, including an estimate of the classes
of small entities which would be subject
to the requirements of the report or
record. None of the actions in this final
rule would result in additional
reporting, recordkeeping, or compliance
requirements beyond those already
analyzed in the 2006 Consolidated HMS
FMP and its amendments.
Section 604(a)(6) of the RFA requires
NMFS to describe the steps taken to
minimize the economic impact on small
entities, consistent with the stated
objectives of applicable statutes.
Additionally, the RFA (5 U.S.C.
603(c)(1)–(4)) lists four general
categories of ‘‘significant’’ alternatives
that would assist an agency in the
development of significant alternatives
that would accomplish the stated
objectives of applicable statutes and
minimize any significant economic
impact of the rule on small entities.
These categories of alternatives are: (1)
Establishment of differing compliance
or reporting requirements or timetables
that take into account the resources
available to small entities; (2)
clarification, consolidation, or
simplification of compliance and
reporting requirements under the rule
for such small entities; (3) use of
performance rather than design
standards; and (4) exemptions from
coverage of the rule, or any part thereof,
for small entities.
In order to meet the objectives of this
rule, consistent with the MagnusonStevens Act, NMFS cannot exempt
small entities or change the reporting
requirements only for small entities
because all the entities affected are
small entities. Thus, there are no
alternatives discussed that fall under the
first, second, and fourth categories
described above. NMFS does not know
of any performance or design standards
that would satisfy the aforementioned
objectives of this rulemaking while,
concurrently, complying with the
Magnuson-Stevens Act; therefore, there
are no alternatives considered under the
third category.
This rulemaking does not establish
management measures to be
implemented, but rather implements
previously adopted and analyzed
measures as adjustments, as specified in
the 2006 Consolidated HMS FMP and
its amendments and the Environmental
Assessment (EA) for the 2011 shark
quota specifications rule (75 FR 76302;
December 8, 2010). Thus, in this
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rulemaking, NMFS adjusted the baseline
quotas established and analyzed in the
2006 Consolidated HMS FMP and its
amendments by subtracting the
underharvest or adding the overharvest,
as specified and allowable in existing
regulations. Under current regulations
(§ 635.27(b)(2)), all shark fisheries close
on December 31 of each year, or when
NMFS determines that the landings for
any shark management group has
reached, or is 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, or
when the quota-linked management
group is closed. The fisheries do not
open until NMFS takes action, such as
this rulemaking, to re-open the fisheries.
Thus, not implementing these
management measures would negatively
affect shark fishermen and related small
entities, such as dealers, and also would
not provide management flexibility in
furtherance of equitable fishing
opportunities, to the extent practicable,
for commercial shark fishermen in all
regions and areas.
Based on the 2017 ex-vessel meat and
fin prices (Table 3), fully harvesting the
unadjusted 2019 Atlantic shark
commercial baseline quotas could result
in total fleet revenues of $7,650,107. For
the Gulf of Mexico blacktip shark
management group, NMFS will increase
the baseline sub-regional quotas due to
the underharvests in 2018. The increase
for the western Gulf of Mexico blacktip
shark management group would result
in a $43,249 gain in total revenues for
fishermen in that sub-region, while the
increase for the eastern Gulf of Mexico
blacktip shark management group
would result in a $5,339 gain in total
revenues for fishermen in that subregion. For the Gulf of Mexico and
Atlantic smoothhound shark
management groups, NMFS will
60783
increase the baseline quotas due to the
underharvest in 2018. This would cause
a potential gain in revenue of $281,329
for the fleet in the Gulf of Mexico region
and a potential gain in revenue of
$1,004,973 for the fleet in the Atlantic
region.
All of these changes in gross revenues
are similar to the changes in gross
revenues analyzed in the 2006
Consolidated HMS FMP and its
amendments. The FRFAs for those
amendments concluded that the
economic impacts on these small
entities are expected to be minimal. In
the 2006 Consolidated HMS FMP and
its amendments and the EA for the 2011
shark quota specifications rule, NMFS
stated it would be conducting annual
rulemakings and considering the
potential economic impacts of adjusting
the quotas for under- and overharvests
at that time.
TABLE 3—AVERAGE EX-VESSEL PRICES PER LB DW FOR EACH SHARK MANAGEMENT GROUP, 2017
Region
Species
Average exvessel meat
price
Average exvessel fin price
Western Gulf of Mexico ................................................
Blacktip Shark ...............................................................
Aggregated LCS ...........................................................
Hammerhead Shark .....................................................
Blacktip Shark ...............................................................
Aggregated LCS ...........................................................
Hammerhead Shark .....................................................
Non-Blacknose SCS .....................................................
Smoothhound Shark * ...................................................
Aggregated LCS ...........................................................
Hammerhead Shark .....................................................
Non-Blacknose SCS .....................................................
Blacknose Shark ...........................................................
Smoothhound Shark .....................................................
Shark Research Fishery (Aggregated LCS) ................
Shark Research Fishery (Sandbar only) ......................
Blue shark .....................................................................
Porbeagle shark ...........................................................
Other Pelagic sharks ....................................................
$0.51
0.51
0.67
0.62
0.43
........................
0.41
........................
0.95
0.41
0.96
1.05
0.70
0.80
0.50
1.40
1.54
1.51
$11.03
12.51
11.67
8.22
13.00
12.80
8.37
........................
11.47
13.91
7.33
........................
1.63
12.40
12.40
11.44
2.82
2.82
Eastern Gulf of Mexico .................................................
Gulf of Mexico ..............................................................
Atlantic ..........................................................................
No Region .....................................................................
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* Used Atlantic smoothhound ex-vessel prices for Gulf of Mexico smoothhound ex-vessel prices since there are currently no landings of Gulf of
Mexico smoothhound sharks.
For this final rule, NMFS reviewed
the ‘‘opening commercial fishing
season’’ criteria at § 635.27(b)(3)(i)
through (vii) to determine when
opening each fishery will provide
equitable opportunities for fishermen, to
the extent practicable, while also
considering the ecological needs of the
different species. The 2018 fishing year
and previous years’ over- and/or
underharvests were examined for the
different species/complexes to
determine the effects of the 2019 final
quotas on fishermen across regional
fishing areas. NMFS examined season
lengths and previous catch rates to
ensure equitable fishing opportunities
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for fishermen. Lastly, NMFS examined
the seasonal variation of the different
species/complexes and the effects on
fishing opportunities. In addition to
these criteria, NMFS also considered
updated landings data and public
comment on the proposed rule before
arriving at the final opening dates for
the 2019 Atlantic shark management
groups. For the 2019 fishing year, NMFS
is opening the shark management
groups on January 1, 2019. The direct
and indirect economic impacts will be
neutral on a short- and long-term basis
for the Gulf of Mexico blacktip shark,
Gulf of Mexico aggregated LCS, Gulf of
Mexico hammerhead shark, Gulf of
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Mexico non-blacknose shark SCS,
Atlantic non-blacknose shark SCS,
Atlantic blacknose shark, sandbar shark,
blue shark, porbeagle shark, and pelagic
shark (other than porbeagle or blue
sharks) management groups, because
NMFS did not change the opening dates
of these fisheries from the status quo of
January 1.
Opening the aggregated LCS and
hammerhead shark management groups
in the Atlantic region on January 1 will
result in short-term, direct, moderate,
beneficial economic impacts, as
fishermen and dealers in the southern
portion of the Atlantic region will be
able to fish for and sell aggregated LCS
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Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Rules and Regulations
and hammerhead sharks starting in
January. The opening date and retention
limits finalized in this rule for the
Atlantic region are the same as those for
the current year and similar to those for
the 2016, 2017, and 2018 years.
Based on past public comments, some
Atlantic fishermen in the southern and
northern parts of the region prefer a
January 1 opening for the fishery as long
as the majority of the quota is available
later in the year. Along with the
inseason retention limit adjustment
criteria in § 635.24(a)(8), NMFS
monitors the quota through the HMS
electronic reporting system on a realtime basis. This allows NMFS the
flexibility to further provide equitable
fishing opportunities for fishermen
across all regions, to the extent
practicable. The direct impacts to shark
fishermen in the Atlantic region of
reducing the retention limit depend on
the needed reduction in the retention
limit and the timing of such a reduction.
Therefore, such a reduction in the
retention limit for directed shark limited
access permit holders is only
anticipated to have minor adverse direct
economic impacts to fishermen in the
short-term; long-term impacts are not
anticipated as these reductions would
not be permanent.
In the northern portion of the Atlantic
region, a January 1 opening for the
aggregated LCS and hammerhead shark
management groups, with inseason trip
limit adjustments to ensure quota is
available later in the season, will have
direct, minor, beneficial economic
impacts in the short-term for fishermen
as they will potentially have access to
the aggregated LCS and hammerhead
shark quotas earlier than in past
seasons. Fishermen in this area have
stated that, depending on the weather,
some aggregated LCS species might be
available to retain in January. Thus,
fishermen will be able to target or retain
aggregated LCS while targeting nonblacknose SCS. There will be indirect,
minor, beneficial economic impacts in
the short- and long-term for shark
dealers and other entities that deal with
shark products in this region as they
will also have access to aggregated LCS
products earlier than in past seasons.
Thus, opening the aggregated LCS and
hammerhead shark management groups
in January and using inseason trip limit
adjustments to ensure the fishery is
open later in the year in 2019 will cause
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16:05 Nov 26, 2018
Jkt 247001
beneficial cumulative economic
impacts, because it allows for a more
equitable distribution of the quotas
among constituents in this region,
consistent with the 2006 Consolidated
HMS FMP and its amendments.
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as ‘‘small entity
compliance guides.’’ The agency shall
explain the actions a small entity is
required to take to comply with a rule
or group of rules. As part of this
rulemaking process, NMFS has prepared
a listserv summarizing fishery
information and regulations for Atlantic
shark fisheries for 2019. This listserv
also serves as the small entity
compliance guide. Copies of the
compliance guide are available from
NMFS (see ADDRESSES).
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.
1801 et seq.
Dated: November 20, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2018–25744 Filed 11–26–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 170817779–8161–02]
RIN 0648–XG648
Fisheries of the Exclusive Economic
Zone Off Alaska; Exchange of Flatfish
in the Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
AGENCY:
NMFS is exchanging unused
rock sole Community Development
Quota (CDQ) for yellowfin sole CDQ
SUMMARY:
PO 00000
Frm 00056
Fmt 4700
Sfmt 4700
acceptable biological catch (ABC)
reserves in the Bering Sea and Aleutian
Islands management area. This action is
necessary to allow the 2018 total
allowable catch of yellowfin sole in the
Bering Sea and Aleutian Islands
management area to be harvested.
Effective November 27, 2018
through December 31, 2018.
DATES:
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
NMFS
manages the groundfish fishery in the
Bering Sea and Aleutian Islands
management area (BSAI) according to
the Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The 2018 rock sole and yellowfin sole
CDQ reserves specified in the BSAI are
4,540 metric tons (mt) and 17,023 mt as
established by the final 2018 and 2019
harvest specifications for groundfish in
the BSAI (83 FR 8365, February 27,
2018) and revised by flatfish exchange
(83 FR 50036, October 4, 2018). The
2018 rock sole and yellowfin sole CDQ
ABC reserves are 10,772 mt and 12,670
mt as established by the final 2018 and
2019 harvest specifications for
groundfish in the BSAI (83 FR 8365,
February 27, 2018) and revised by
flatfish exchange (83 FR 50036, October
4, 2018).
The Norton Sound Economic
Development Corporation has requested
that NMFS exchange 400 mt of rock sole
CDQ reserves for 400 mt of yellowfin
sole CDQ ABC reserves under
§ 679.31(d). Therefore, in accordance
with § 679.31(d), NMFS exchanges 400
mt of rock sole CDQ reserves for 400 mt
of yellowfin sole CDQ ABC reserves in
the BSAI. This action also decreases and
increases the TACs and CDQ ABC
reserves by the corresponding amounts.
Tables 11 and 13 of the final 2018 and
2019 harvest specifications for
groundfish in the BSAI (83 FR 8365,
February 27, 2018) and revised by
flatfish exchange (83 FR 50036, October
4, 2018), are further revised as follows:
SUPPLEMENTARY INFORMATION:
E:\FR\FM\27NOR1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Rules and Regulations]
[Pages 60777-60784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25744]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180517486-8999-02]
RIN 0648-XG263
Atlantic Highly Migratory Species; 2019 Atlantic Shark Commercial
Fishing Year
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; fishing season notification.
-----------------------------------------------------------------------
SUMMARY: This final rule establishes the 2019 opening date for all
Atlantic shark fisheries, including the fisheries in the Gulf of Mexico
and Caribbean. This final rule also establishes the quotas for the 2019
fishing year based on harvest levels during 2018, and the large coastal
shark (LCS) retention limits for directed shark limited access permit
holders. NMFS may increase or decrease these retention limits for
directed shark limited access permit holders during the year, in
accordance with existing regulations, to provide, to the extent
practicable, equitable fishing opportunities for commercial shark
fishermen in all regions and areas. These actions could affect fishing
opportunities for commercial shark fishermen in the northwestern
Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea.
DATES: This rule is effective on January 1, 2019. The 2019 Atlantic
commercial shark fishing year opening dates and quotas are provided in
Table 1 under SUPPLEMENTARY INFORMATION.
ADDRESSES: Atlantic Highly Migratory Species (HMS) Management Division,
1315 East-West Highway, Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Lauren Latchford, Chant[eacute] Davis,
or Karyl Brewster-Geisz at 301-427-8503.
SUPPLEMENTARY INFORMATION:
Background
The Atlantic commercial shark fisheries are managed under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act). The 2006 Consolidated HMS Fishery
Management Plan (FMP) and its amendments are implemented by regulations
at 50 CFR part 635. For the Atlantic commercial shark fisheries, the
2006 Consolidated HMS FMP and its amendments established, among other
things, commercial shark retention limits, commercial quotas for
species and management groups, and accounting measures for under- and
overharvests for the shark fisheries. The FMP also established adaptive
management measures such as flexible opening dates for the fishing
season and inseason adjustments to shark trip limits, which provide
management flexibility in furtherance of equitable fishing
opportunities, to the extent practicable, for commercial shark
fishermen in all regions and areas.
On September 11, 2018 (83 FR 45866), NMFS published a proposed rule
that
[[Page 60778]]
proposed opening all Atlantic commercial shark management groups on
January 1, 2019. NMFS proposed to start the 2019 commercial shark
fishing year in the eastern and western Gulf of Mexico sub-regions with
a retention limit of 36 LCS other than sandbar sharks per vessel per
trip. In the Atlantic region, NMFS proposed to start the fishing year
with a retention limit of 25 LCS other than sandbar sharks per vessel
per trip and adjust the commercial shark retention limit between zero
and 55 LCS other than sandbar sharks per vessel per trip to ensure
equitable access to the fishery throughout the year. In addition, NMFS
proposed quota adjustments to account for underharvest of the Gulf of
Mexico blacktip shark management group, Gulf of Mexico smoothhound
shark management group, and Atlantic smoothhound shark management group
quotas. The proposed rule contains details about the action that are
not repeated here. The comment period on the proposed rule closed on
October 11, 2018.
NMFS received eight written and oral comments regarding the
proposed opening dates, retention limits, and potential inseason
retention limit adjustments as it applied to LCS in the Gulf of Mexico
and Atlantic regions. Those comments, along with the Agency's
responses, are summarized below. After considering all the comments,
NMFS is opening the fishing year for all shark management groups on
January 1, 2019, as proposed. NMFS is changing the retention limit for
directed shark limited access permit holders in the blacktip,
aggregated LCS, and hammerhead management groups for the entire Gulf of
Mexico region to 45 LCS other than sandbar sharks per vessel per trip
in this final rule. The proposed rule would have set the retention
limit at 36 LCS other than sandbar sharks per vessel per trip. The
aggregated LCS and hammerhead shark management groups in the Atlantic
region will start the fishing year with a retention limit of 25 LCS
other than sandbar sharks per vessel per trip for directed shark
limited access permit holders, as proposed. The retention limit for
incidental shark limited access permit holders for all regions has not
changed from the proposed rule and remains at 3 LCS other than sandbar
sharks per trip and a combined total of 16 small coastal sharks (SCS)
and pelagic sharks, combined per trip consistent with Sec.
635.24(a)(3) and (4). Additionally, the retention limit for blacknose
sharks for all permit holders in the Atlantic region south of 34\0\00'
N.lat. has not changed from the proposed rule and remains at an eight
blacknose sharks per trip consistent with Sec. 635.24 (a)(4).
This final rule serves as notification of the 2019 opening date for
the Atlantic commercial shark fisheries and 2019 retention limits and
quotas, based on shark landings data updated as of October 15, 2018 and
criteria set in existing regulations at 50 CFR, Part 635. In setting
the opening date, NMFS considered the ``opening commercial fishing
season'' criteria at Sec. 635.27(b)(3). This criteria includes the
following factors: Available annual quotas for the current fishing
season; estimated season length and average weekly catch rates from
previous years; length of the season and fishermen participation in
past years; impacts to accomplishing objectives of the 2006
Consolidated HMS FMP and its amendments; temporal variation in behavior
or biology of target species (e.g., seasonal distribution or
abundance); impact of catch rates in one region on another; and effects
of delayed season openings.
While this action adjusts certain quotas as allowable, this action
does not establish or change the annual baseline commercial quotas
established under the 2006 Consolidated HMS FMP and its amendments for
any shark management group. The baselines quotas were established under
previous actions, and any changes to those baseline quotas would be
performed through a separate action. Rather, this action adjusts the
annual commercial quotas for 2019 based on over- and/or underharvests
that occurred in 2018, consistent with existing regulations, and
establishes the opening dates for the fisheries. Based on updated
landings information as of October 15, 2018, only the adjusted blacktip
quota in the Gulf of Mexico region has changed from the proposed rule.
All other quotas remain the same as proposed.
Response to Comments
NMFS received eight written and oral comments on the proposed rule
from fishermen, dealers, and other interested parties. All written
comments can be found at https://www.regulations.gov/ by searching for
RIN 0648-XG263. All of the comments received are summarized below.
Comment 1: NMFS received several comments regarding the proposed
decrease in the commercial retention limit for the aggregated LCS,
hammerhead, and blacktip management groups in the eastern and western
Gulf of Mexico sub-regions. Of those comments, all were opposed to the
proposed retention limit of 36 aggregated LCS other than sandbar sharks
per vessel per trip, and noted that NMFS should maintain the retention
limit at 45 aggregated LCS other than sandbar sharks per vessel per
trip. The State of Louisiana along with commercial fishermen from the
western Gulf of Mexico sub-region noted that they preferred keeping the
retention limit at the default limit of 45 sharks per vessel per trip.
Commenters prefer to maximize shark landings per trip, regardless of
the length or timing of the season. NMFS also received comments from
commercial fishermen in the eastern Gulf of Mexico sub-region that
stated they also preferred a retention limit of 45 aggregated LCS per
vessel per trip. Specifically, the fishermen in the eastern Gulf of
Mexico sub-region noted that because of the consistent regulations over
the past few years, the market for shark meat has expanded in their
area. NMFS did not receive any comments in support of the reduction.
Response: After considering these comments, NMFS has determined
that the default retention limit of 45 LCS other than sandbar sharks
per vessel per trip is appropriate and will ensure equitable fishing
opportunities in both Gulf of Mexico sub-regions, to the extent
practicable. NMFS originally proposed a lower retention limit in the
western Gulf of Mexico sub-region with the goal of preserving quota for
the fishery through April 1, which is when the State of Louisiana
closes shark fishing in state waters. However, comments from the
western Gulf of Mexico sub-region, including comments from the State of
Louisiana, did not support the lower proposed retention and preferred a
higher retention limit per trip. The State of Louisiana has a default
limit of 45 LCS including blacktips and hammerheads per trip per vessel
per day and prefers that the federal limit match the state limit.
Regarding the eastern Gulf of Mexico sub-region, NMFS proposed the
lower retention limit to reduce any confusion caused by having two
separate retention limits in the Gulf of Mexico region. Given public
comment from both sub-regions, and supporting information from eastern
Gulf of Mexico fishermen regarding the expanding market for shark meat,
NMFS will also maintain the default retention limit in the eastern Gulf
of Mexico sub-region.
Comment 2: Several commenters supported the proposed opening date
of January 1, 2019 for the Gulf of Mexico region.
Response: Given the support for this opening date, NMFS will open
the Gulf of Mexico blacktip, aggregated LCS, and hammerhead shark
management groups
[[Page 60779]]
on January 1, 2019, as proposed. NMFS will also open all the other
shark management groups, including those in the Atlantic region, on
January 1, 2019, as proposed.
Comment 3: One commenter expressed concern about adequate
enforcement of the quotas and retention limits, noting that they feel
shark populations are being decimated, and requested a closure of all
shark fisheries.
Response: NMFS is responsible for managing quotas for the Atlantic
shark fisheries consistent with the Magnuson-Stevens Act and other
applicable laws. Based on various stock assessments and best available
science, NMFS established baseline quotas for various Atlantic shark
management groups in the 2006 Consolidated HMS FMP and its amendments.
These baseline quotas were established to prevent overfishing and
ensure overfished stocks would rebuild within a specified timeframe.
NMFS adjusts these baseline quotas, as needed, on an annual basis as a
result of over- or underharvests in previous years. When establishing
the shark commercial baseline quota, NMFS uses the total allowable
catch calculated during the stock assessment then subtracts all other
sources of mortality, including recreational landings, commercial
discards, post-release mortality, and research set-aside mortality.
NMFS also takes into account the effects of fishing on essential fish
habitat, protected resources, and the environment to fulfill
requirements for the associated FMP amendment along with socioeconomic
value of these shark species to various groups. The quota is then
monitored using dealer reports on a weekly basis throughout the year.
NMFS closes the commercial fishery for any shark management group if
the landings have reached, or 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, or when the quota-linked management group
is closed. Once the quota is reached, these fishery closures prevent
overfishing of the relevant stock(s). Since these quotas are based on
the best scientific information available, NMFS is confident that
allowing commercial shark fishing in 2019 will not cause shark
populations to be decimated.
Regarding the comment about adequate enforcement, NMFS takes
enforcement of these regulations seriously. If suspected illegal
activities are observed in any fishery and/or region, specific
information regarding such incidents can be reported to NOAA Office of
Law Enforcement through the national enforcement hotline at 1-800-853-
1964. All commercial shark landings and quotas are monitored with the
HMS electronic dealer reporting system, which has been in use since
2013. This system monitors data on a weekly basis, and provides
information on each dealer transaction, including all shark landings to
the species level, and ensures that quotas are not exceeded. In
addition, NMFS can verify and detect falsified reporting by dealers and
fishermen by cross-checking dealer reports to fishermen's logbooks.
Comment 4: NMFS received comments regarding the Gulf of Mexico
blacktip shark stock. Specifically, commenters asked for a new Gulf of
Mexico blacktip shark stock assessment and an increase in the blacktip
shark quota. Commenters also requested that NMFS combine the Gulf of
Mexico blacktip shark management group with the aggregated LCS
management group.
Response: These comments are outside the scope of this rulemaking.
The purpose of this rulemaking is to adjust quotas for the 2019 shark
year based on over- and underharvests from the previous years and set
opening dates and initial retention limits for the 2019 shark year.
Issues regarding new baseline quotas, new management units, and the
timing of stock assessments are not addressed by this rulemaking. NMFS
did complete an update to the Gulf of Mexico blacktip stock assessment
in October 2018 (https://sedarweb.org/sedar-29u), and is reviewing the
results to determine if any changes, such as modifying the various
management units or changes to the quotas, are needed. Additionally,
NMFS will be assessing the Atlantic blacktip stock via the SouthEast
Data, Assessment, and Review process in 2019, and will consider
appropriate management measures for that stock once the assessment is
complete.
Comment 5: NMFS received a comment requesting the division between
eastern and western Gulf of Mexico sub-regions be moved from 88 to 89
degrees west longitude.
Response: This comment is outside the scope of this rulemaking
because the purpose of this rulemaking is to adjust quotas for the 2019
shark year based on over- and underharvests from the previous years and
set opening dates and initial retention limits for the 2019 shark year.
In Amendment 6 to the 2006 Consolidated HMS FMP, NMFS analyzed, among
other things, the impacts and justification for a regional management
boundary to apportion the Gulf of Mexico regional commercial quotas for
aggregated LCS, and blacktip shark management groups. Based on public
comments and additional analyses, and after consulting with the HMS
Advisory Panel, NMFS established a division of the Gulf of Mexico at
88[deg] W. longitude. The issue of subdividing the Gulf of Mexico
regional quota is not being re-addressed in this rulemaking.
Changes From the Proposed Rule
As described above, and as a result of public comment and
additional analyses, NMFS made changes from the proposed rule.
Specifically, NMFS changed the retention limit for directed shark
limited access permit holders at the start of the commercial shark
fishing year for the blacktip, aggregated LCS, and hammerhead shark
management groups in the eastern and western Gulf of Mexico sub-regions
from 36 LCS other than sandbar sharks per vessel per trip to 45 LCS
other than sandbar sharks per vessel per trip. NMFS changed the
retention limit after considering public comment and the 2018 landings
data. NMFS noted in the proposed rule that retention limits might
change in response to public comment. The default retention limit is
within the allowable range and consistent with the limits established
in recent years. NMFS expects that a retention limit of 45 LCS other
than sandbar sharks per vessel per trip will provide equitable fishing
opportunities throughout the sub regions, to the extent practicable,
and retains its discretion to make inseason adjustments to retention
limits, in accordance with existing regulations and in furtherance of
the goals and objectives of the 2006 Consolidated HMS FMP and its
amendments.
Additionally, based on updated landings information, NMFS changed
the final blacktip shark quota in both Gulf of Mexico sub-regions. As
NMFS explained in the proposed rule (83 FR 45866; Sept 11, 2018), shark
management group quotas in this final rule are based on dealer reports
received as of mid-October. Specifically, the final adjustments are
based on updated landings through October 15, 2018. Updated landing
reports indicate an additional 11.5 metric tons (mt) of blacktip shark
was landed in the Gulf of Mexico in 2018. Accordingly, the regional
underharvest for the Gulf of Mexico region is now only 26.9 mt dressed
weight (dw) (59,355 pounds (lb) dw). Since more blacktip sharks were
landed, the final adjustment is lower than the proposed adjustment of
38.4 mt dw (84,702 lb dw).
Therefore, the sub-regional quota adjustments are also lower than
the adjustments in the proposed rule. The underharvest is divided
between the
[[Page 60780]]
two sub-regions, based on the percentages that are allocated to each
sub-region, which are set forth at Sec. 635.27(b)(1)(ii)(C). The
western Gulf of Mexico sub-regional baseline quota is being increased
by 24.3 mt dw (53,538 lb dw), which is a reduction of 10.3 mt dw from
the proposed rule. Similarly, the eastern Gulf of Mexico sub-regional
baseline quota is being increased by 2.6 mt dw (5,817 lb dw), which is
a reduction of 1.1 mt dw from the proposed rule.
2019 Annual Quotas
This final rule adjusts the 2019 commercial quotas due to
overharvests and/or underharvests in 2018 and previous fishing years,
based on landings data through October 15, 2018. The 2018 annual quotas
by species and management group are summarized in Table 1. Any dealer
reports that are received by NMFS after October 15, 2018 will be used
to adjust the 2020 quotas, if necessary. A description of the quota
calculations is provided in the proposed rule and is not repeated here.
Any changes are described in the ``Changes from the Proposed Rule''
section.
Table 1--2019 Final Adjusted Quotas for the Atlantic Shark Fisheries
[All quotas and landings are dressed weight (dw), in metric tons (mt), unless specified otherwise. 1 mt dw = 2,204.6 lb dw.]
.................. (A)............... (B)............... (C)............... (D)............... (D + C)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Western Gulf of Mexico.......... Blacktip Sharks... 347.2 mt dw 330.4 mt dw 24.3 mt dw (53,538 231.5 mt dw 255.8 mt dw
(765,392 lb dw). (728,314 lb dw). lb dw) \3\. (510,261 lb dw). (563,799 lb dw).
Aggregated Large 72.0 mt dw 92.4 mt dw .................. 72.0 mt dw 72.0 mt dw
Coastal Sharks. (158,724 lb dw). (203,656 lb dw). (158,724 lb dw). (158,724 lb dw).
Hammerhead Sharks. 11.9 mt dw (26,301 11.0 mt dw (24,292 .................. 11.9 mt dw (26,301 11.9 mt dw (26,301
lb dw). lb dw). lb dw). lb dw).
Eastern Gulf of Mexico.......... Blacktip Sharks... 37.7mt dw (83,158 27.6 mt dw (60,881 2.6 mt dw (5,817 25.1 mt dw (55,439 27.7 mt dw (61,256
lb dw). lb dw). lb dw) \3\. lb dw). lb dw).
Aggregated Large 85.5 mt dw 49.7 mt dw .................. 85.5 mt dw 85.5 mt dw
Coastal Sharks. (188,593 lb dw). (109,653 lb dw). (188,593 lb dw). (188,593 lb dw).
Hammerhead Sharks. 13.4 mt dw (29,421 8.4 mt dw (18,555 .................. 13.4 mt dw (29,421 13.4 mt dw (29,421
lb dw). lb dw). lb dw). lb dw).
Gulf of Mexico.................. Non-Blacknose 112.6 mt dw 54.0 mt dw .................. 112.6 mt dw 112.6 mt dw
Small Coastal (248,215 lb dw). (118,968 lb dw). (248,215 lb dw). (248,215 lb dw).
Sharks.
Smoothhound Sharks 504.6 mt dw 0 mt dw (0 lb dw). 168.2 mt dw 336.4 mt dw 504.6 mt dw
(1,112,441 lb dw). (370,814 lb dw). (741,627). (1,112,441 lb
dw).
Atlantic........................ Aggregated Large 168.9 mt dw 65.2 mt dw .................. 168.9 mt dw 168.9 mt dw
Coastal Sharks. (372,552 lb dw). (143,809 lb dw). (372,552 lb dw). (372,552 lb dw).
Hammerhead Sharks. 27.1 mt dw (59,736 8.3 mt dw (18,328 .................. 27.1 mt dw (59,736 27.1 mt dw (59,736
lb dw). lb dw). lb dw). lb dw).
Non-Blacknose 264.1 mt dw 82.2 mt dw .................. 264.1 mt dw 264.1 mt dw
Small Coastal (582,333 lb dw). (181,149 lb dw). (582,333 lb dw). (582,333 lb dw).
Sharks.
Blacknose Sharks 17.2 mt dw (37,921 4.6 mt dw (10,213 .................. 17.2 mt dw (37,921 17.2 mt dw (37,921
(South of 34[deg] lb dw). lb dw). lb dw). lb dw).
N lat. only).
Smoothhound Sharks 1,802.6 mt dw 370.4 mt dw 600.9 mt dw 1,201.7 mt dw 1,802.6 mt dw
(3,973,902 lb dw). (816,572 lb dw). (1,324,634 lb dw). (2,649,268 lb dw). (3,973,902 lb
dw).
No regional quotas.............. Non-Sandbar LCS 50.0 mt dw 12.3 mt dw (27,123 .................. 50.0 mt dw 50.0 mt dw
Research. (110,230 lb dw). lb dw). (110,230 lb dw). (110,230 lb dw).
Sandbar Shark 90.7 mt dw 42.8 mt dw (94,123 .................. 90.7 mt dw 90.7 mt dw
Research. (199,943 lb dw). lb dw). (199,943 lb dw). (199,943 lb dw).
Blue Sharks....... 273.0 mt dw < 13.6 mt dw (< .................. 273.0 mt dw 273.0 mt dw
(601,856 lb dw). 30,000 lb dw). (601,856 lb dw). (601,856 lb dw).
Porbeagle Sharks.. 1.7 mt dw (3,748 0 mt dw (0 lb dw). .................. 1.7 mt dw (3,748 1.7 mt dw (3,748
lb dw). lb dw). lb dw).
Pelagic Sharks 488.0 mt dw 44.7 mt dw (98,521 .................. 488.0 mt dw 488.0 mt dw
Other Than (1,075,856 lb dw). lb dw). (1,075,856 lb dw). (1,075,856 lb
Porbeagle or Blue. dw).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Landings are from January 1, 2018, through October 15, 2018, and are subject to change.
\2\ Underharvest adjustments can only be applied to stocks or management groups that are not overfished and have no overfishing occurring. Also, the
underharvest adjustments cannot exceed 50 percent of the baseline quota.
\3\ This final rule would increase the overall Gulf of Mexico blacktip shark quota due to an overall underharvest of 26.9 mt dw (59,355 lb dw) in 2018.
The overall quota would be split based on percentages that are allocated to each sub-region, as explained in the text.
2019 Atlantic Commercial Shark Fishing Year
NMFS considered the seven ``opening commercial fishing season''
criteria listed in Sec. 635.27(b)(3), as discussed above and as
described in the proposed rule (83 FR 45866; September 11, 2018). These
include, among other things: the available annual quotas based on any
over- and/or underharvests experienced during the previous seasons; the
estimated season length based on available quotas and catch rates from
previous years; the length of the season in the previous years and
whether fishermen were able to participate in the fishery in those
years; and the effects of catch rates in one part of a region
precluding vessels in another part of that region from having a
reasonable opportunity to harvest a portion of the different species
and/or management quotas.
Regarding the LCS retention limit, as shown in Table 2, directed
shark limited access permit holders fishing on the Gulf of Mexico
blacktip shark, aggregated LCS, and hammerhead shark management groups
will start the commercial fishing year at 45 LCS other than sandbar
sharks per vessel per trip. Directed shark limited access permits
fishing on the Atlantic aggregated LCS and hammerhead shark management
groups will start the commercial fishing year at 25 LCS other than
sandbar sharks per vessel per trip. These retention limits could be
changed throughout the year based on consideration of the inseason trip
limit adjustment criteria at Sec. 635.24(a)(8).
Specifically, in the Atlantic region, NMFS will closely monitor the
quota at the beginning of the year. If it appears that the quota is
being harvested too
[[Page 60781]]
quickly to allow fishermen throughout the entire region the opportunity
to fish (e.g., if approximately 20 percent of the quota is caught at
the beginning of the year), NMFS will consider reducing the commercial
retention limit, potentially to 3 LCS other than sandbar sharks per
vessel per trip. Given the geographic distribution of the sharks at
this time of year (i.e., they head north before moving south again
later in the year), the retention limit would be adjusted to ensure
there is quota available later in the year (see the criteria at Sec.
635.24(a)(8)(i), (ii), (v), and (vi)). Then, based on the prior years'
fishing activity, and to allow more consistent fishing opportunities
later in the year, NMFS will consider raising the commercial retention
around July 15, 2019. The specific increase or decrease in retention
limit depends on a review of the inseason trip limit adjustment
criteria at Sec. 635.24(a)(8).
All of the shark management groups will remain open until December
31, 2019, or until NMFS determines that the landings for any shark
management group have reached, or 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, or when the quota-linked
management group is closed. For the blacktip shark management group,
regulations at Sec. 635.28(b)(5)(i) through (v) authorize NMFS to
close the management group before landings reach, or are expected to
reach 80 percent of the available overall, regional, and/or sub-
regional quota 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
Atlantic 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. Additionally,
NMFS has previously established non-linked and linked quotas; linked
quotas are explicitly designed to concurrently close multiple shark
management groups that are caught together to prevent incidental catch
mortality from exceeding the total allowable catch. The linked and non-
linked quotas are shown in Table 2. If NMFS determines that a shark
species or management group must be closed, then NMFS will publish a
notice in the Federal Register of closure for that shark species, shark
management group, region, and/or sub-region that will be effective no
fewer than four days from the date of filing (Sec. 635.28(b)(2) and
(3)). From the effective date and time of the closure until NMFS
announces, via the publication of a notice in the Federal Register,
that additional quota is available and the season is reopened, the
fisheries for the shark species or management group are closed, even
across fishing years.
Table 2--Quota Linkages, Opening Dates, and Commercial Retention Limit by Regional or Sub-Regional Shark
Management Group
----------------------------------------------------------------------------------------------------------------
Commercial
retention limits
for directed
shark limited
Region or sub-region Management group Quota linkages Opening dates access permit
holders
(inseason
adjustments are
available)
----------------------------------------------------------------------------------------------------------------
Eastern Gulf of Mexico........ Blacktip Sharks.. Not Linked....... January 1, 2019......... 45 LCS other
than sandbar
sharks per
vessel per
trip.
Aggregated Large Linked...........
Coastal Sharks.
Hammerhead Sharks
Western Gulf of Mexico........ Blacktip Sharks.. Not Linked....... January 1, 2019......... 45 LCS other
than sandbar
sharks per
vessel per
trip.
Aggregated Large Linked...........
Coastal Sharks.
Hammerhead Sharks
Gulf of Mexico................ Non-Blacknose Not Linked....... January 1, 2019......... N/A.
Small Coastal
Sharks.
Atlantic...................... Aggregated Large Linked........... January 1, 2019......... 25 LCS other
Coastal Sharks. than sandbar
sharks per
vessel per
trip.
If quota is
landed quickly,
NMFS
anticipates
considering an
inseason
reduction, and
later
considering an
inseason
increase around
July 15, 2019.
Hammerhead Sharks
Non-Blacknose Linked (South of January 1, 2019......... N/A.
Small Coastal 34[deg] N. lat.
Sharks. only).
Blacknose Sharks ................. ........................ 8 Blacknose
(South of sharks per
34[deg] N. lat. vessel per trip
only). (applies to
directed and
incidental
permit
holders).
No regional quotas............ Non-Sandbar LCS Linked........... January 1, 2019......... N/A.
Research.
Sandbar Shark
Research.
Blue Sharks...... Not Linked....... January 1, 2019......... N/A.
Porbeagle Sharks.
Pelagic Sharks
Other Than
Porbeagle or
Blue.
----------------------------------------------------------------------------------------------------------------
[[Page 60782]]
Classification
The NMFS Assistant Administrator has determined that the final rule
is consistent with the 2006 Consolidated HMS FMP and its amendments,
other provisions of the Magnuson-Stevens Act, and other applicable law.
This final rule is exempt from review under Executive Order 12866
because they contain no implementing regulations.
In compliance with section 604 of the Regulatory Flexibility Act
(RFA), NMFS prepared a Final Regulatory Flexibility Analysis (FRFA) for
this final rule. The FRFA analyzes the anticipated economic impacts of
the final actions and any significant economic impacts on small
entities. The FRFA is below.
Section 604(a)(1) of the RFA requires an explanation of the purpose
of the rulemaking. The purpose of this final rulemaking is, consistent
with the Magnuson-Stevens Act and the 2006 Consolidated HMS FMP and its
amendments, to establish the 2018 Atlantic commercial shark fishing
quotas, retention limits, and fishing seasons. Without this rule, the
Atlantic commercial shark fisheries would close on December 31, 2018,
and would not reopen until another action was taken. This final rule
will be implemented according to the regulations implementing the 2006
Consolidated HMS FMP and its amendments. Thus, NMFS expects few, if
any, economic impacts to fishermen other than those already analyzed in
the 2006 Consolidated HMS FMP and its amendments. While there may be
some direct negative economic impacts associated with the opening dates
for fishermen in certain areas, there could also be positive effects
for other fishermen in the region. The opening dates were chosen to
allow for an equitable distribution of the available quotas among all
fishermen across regions and states, to the extent practicable.
Section 604(a)(2) of the RFA requires NMFS to summarize significant
issues raised by the public in response to the Initial Regulatory
Flexibility Analysis (IRFA), provide a summary of NMFS' assessment of
such issues, and provide a statement of any changes made as a result of
the comments. The IRFA was done as part of the proposed rule for the
2019 Atlantic Commercial Shark Season Specifications. NMFS did not
receive any comments specific to the IRFA or on economics more
generally.
Section 604(a)(3) of the RFA requires NMFS to the respond to any
comments filed by the Chief Counsel for Advocacy of the Small Business
Administration in response to the proposed rule and provide a detailed
statement of any change made to the proposed rule as a result of the
comments. NMFS did not receive any comments from the Chief Counsel for
Advocacy of the Small Business Administration on the proposed rule.
Section 604(a)(4) of the RFA requires NMFS to provide an estimate
of the number of small entities to which the rule would apply. The
Small Business Administration (SBA) has established size criteria for
all major industry sectors in the United States, including fish
harvesters. Provision is made under SBA's regulations for an agency to
develop its own industry-specific size standards after consultation
with Advocacy and an opportunity for public comment (see 13 CFR
121.903(c)). Under this provision, NMFS may establish size standards
that differ from those established by the SBA Office of Size Standards,
but only for use by NMFS and only for the purpose of conducting an
analysis of economic effects in fulfillment of the agency's obligations
under the RFA. To utilize this provision, NMFS must publish such size
standards in the Federal Register, which NMFS did on December 29, 2015
(80 FR 81194, December 29, 2015). In that final rule effective on July
1, 2016, NMFS established a small business size standard of $11 million
in annual gross receipts for all businesses in the commercial fishing
industry (NAICS 11411) for RFA compliance purposes (80 FR 81194,
December 29, 2015). NMFS considers all HMS permit holders to be small
entities because they had average annual receipts of less than $11
million for commercial fishing.
As of October 2018, the final rule would apply to the approximately
220 directed commercial shark permit holders, 268 incidental commercial
shark permit holders, 163 smoothhound shark permit holders, and 108
commercial shark dealers. Not all permit holders are active in the
fishery in any given year. Active directed commercial shark permit
holders are defined as those with valid permits that landed one shark
based on HMS electronic dealer reports. Of the 488 directed and
incidental commercial shark permit holders, only 24 permit holders
landed sharks in the Gulf of Mexico region and only 89 landed sharks in
the Atlantic region. Of the 163 smoothhound shark permit holders, only
66 permit holders landed smoothhound sharks in the Atlantic region and
one permit holder landed smoothhound sharks in the Gulf of Mexico
region. NMFS has determined that the final rule would not likely affect
any small governmental jurisdictions.
Section 604(a)(5) of the RFA requires NMFS to describe the
projected reporting, recordkeeping, and other compliance requirements
of the final rule, including an estimate of the classes of small
entities which would be subject to the requirements of the report or
record. None of the actions in this final rule would result in
additional reporting, recordkeeping, or compliance requirements beyond
those already analyzed in the 2006 Consolidated HMS FMP and its
amendments.
Section 604(a)(6) of the RFA requires NMFS to describe the steps
taken to minimize the economic impact on small entities, consistent
with the stated objectives of applicable statutes. Additionally, the
RFA (5 U.S.C. 603(c)(1)-(4)) lists four general categories of
``significant'' alternatives that would assist an agency in the
development of significant alternatives that would accomplish the
stated objectives of applicable statutes and minimize any significant
economic impact of the rule on small entities. These categories of
alternatives are: (1) Establishment of differing compliance or
reporting requirements or timetables that take into account the
resources available to small entities; (2) clarification,
consolidation, or simplification of compliance and reporting
requirements under the rule for such small entities; (3) use of
performance rather than design standards; and (4) exemptions from
coverage of the rule, or any part thereof, for small entities.
In order to meet the objectives of this rule, consistent with the
Magnuson-Stevens Act, NMFS cannot exempt small entities or change the
reporting requirements only for small entities because all the entities
affected are small entities. Thus, there are no alternatives discussed
that fall under the first, second, and fourth categories described
above. NMFS does not know of any performance or design standards that
would satisfy the aforementioned objectives of this rulemaking while,
concurrently, complying with the Magnuson-Stevens Act; therefore, there
are no alternatives considered under the third category.
This rulemaking does not establish management measures to be
implemented, but rather implements previously adopted and analyzed
measures as adjustments, as specified in the 2006 Consolidated HMS FMP
and its amendments and the Environmental Assessment (EA) for the 2011
shark quota specifications rule (75 FR 76302; December 8, 2010). Thus,
in this
[[Page 60783]]
rulemaking, NMFS adjusted the baseline quotas established and analyzed
in the 2006 Consolidated HMS FMP and its amendments by subtracting the
underharvest or adding the overharvest, as specified and allowable in
existing regulations. Under current regulations (Sec. 635.27(b)(2)),
all shark fisheries close on December 31 of each year, or when NMFS
determines that the landings for any shark management group has
reached, or is 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, or when the quota-linked management group is closed. The
fisheries do not open until NMFS takes action, such as this rulemaking,
to re-open the fisheries. Thus, not implementing these management
measures would negatively affect shark fishermen and related small
entities, such as dealers, and also would not provide management
flexibility in furtherance of equitable fishing opportunities, to the
extent practicable, for commercial shark fishermen in all regions and
areas.
Based on the 2017 ex-vessel meat and fin prices (Table 3), fully
harvesting the unadjusted 2019 Atlantic shark commercial baseline
quotas could result in total fleet revenues of $7,650,107. For the Gulf
of Mexico blacktip shark management group, NMFS will increase the
baseline sub-regional quotas due to the underharvests in 2018. The
increase for the western Gulf of Mexico blacktip shark management group
would result in a $43,249 gain in total revenues for fishermen in that
sub-region, while the increase for the eastern Gulf of Mexico blacktip
shark management group would result in a $5,339 gain in total revenues
for fishermen in that sub-region. For the Gulf of Mexico and Atlantic
smoothhound shark management groups, NMFS will increase the baseline
quotas due to the underharvest in 2018. This would cause a potential
gain in revenue of $281,329 for the fleet in the Gulf of Mexico region
and a potential gain in revenue of $1,004,973 for the fleet in the
Atlantic region.
All of these changes in gross revenues are similar to the changes
in gross revenues analyzed in the 2006 Consolidated HMS FMP and its
amendments. The FRFAs for those amendments concluded that the economic
impacts on these small entities are expected to be minimal. In the 2006
Consolidated HMS FMP and its amendments and the EA for the 2011 shark
quota specifications rule, NMFS stated it would be conducting annual
rulemakings and considering the potential economic impacts of adjusting
the quotas for under- and overharvests at that time.
Table 3--Average Ex-Vessel Prices per lb dw for Each Shark Management Group, 2017
----------------------------------------------------------------------------------------------------------------
Average ex- Average ex-
Region Species vessel meat vessel fin
price price
----------------------------------------------------------------------------------------------------------------
Western Gulf of Mexico........................ Blacktip Shark.................. $0.51 $11.03
Aggregated LCS.................. 0.51 12.51
Hammerhead Shark................ 0.67 11.67
Eastern Gulf of Mexico........................ Blacktip Shark.................. 0.62 8.22
Aggregated LCS.................. 0.43 13.00
Hammerhead Shark................ .............. 12.80
Gulf of Mexico................................ Non-Blacknose SCS............... 0.41 8.37
Smoothhound Shark *............. .............. ..............
Atlantic...................................... Aggregated LCS.................. 0.95 11.47
Hammerhead Shark................ 0.41 13.91
Non-Blacknose SCS............... 0.96 7.33
Blacknose Shark................. 1.05 ..............
Smoothhound Shark............... 0.70 1.63
No Region..................................... Shark Research Fishery 0.80 12.40
(Aggregated LCS).
Shark Research Fishery (Sandbar 0.50 12.40
only).
Blue shark...................... 1.40 11.44
Porbeagle shark................. 1.54 2.82
Other Pelagic sharks............ 1.51 2.82
----------------------------------------------------------------------------------------------------------------
* Used Atlantic smoothhound ex-vessel prices for Gulf of Mexico smoothhound ex-vessel prices since there are
currently no landings of Gulf of Mexico smoothhound sharks.
For this final rule, NMFS reviewed the ``opening commercial fishing
season'' criteria at Sec. 635.27(b)(3)(i) through (vii) to determine
when opening each fishery will provide equitable opportunities for
fishermen, to the extent practicable, while also considering the
ecological needs of the different species. The 2018 fishing year and
previous years' over- and/or underharvests were examined for the
different species/complexes to determine the effects of the 2019 final
quotas on fishermen across regional fishing areas. NMFS examined season
lengths and previous catch rates to ensure equitable fishing
opportunities for fishermen. Lastly, NMFS examined the seasonal
variation of the different species/complexes and the effects on fishing
opportunities. In addition to these criteria, NMFS also considered
updated landings data and public comment on the proposed rule before
arriving at the final opening dates for the 2019 Atlantic shark
management groups. For the 2019 fishing year, NMFS is opening the shark
management groups on January 1, 2019. The direct and indirect economic
impacts will be neutral on a short- and long-term basis for the Gulf of
Mexico blacktip shark, Gulf of Mexico aggregated LCS, Gulf of Mexico
hammerhead shark, Gulf of Mexico non-blacknose shark SCS, Atlantic non-
blacknose shark SCS, Atlantic blacknose shark, sandbar shark, blue
shark, porbeagle shark, and pelagic shark (other than porbeagle or blue
sharks) management groups, because NMFS did not change the opening
dates of these fisheries from the status quo of January 1.
Opening the aggregated LCS and hammerhead shark management groups
in the Atlantic region on January 1 will result in short-term, direct,
moderate, beneficial economic impacts, as fishermen and dealers in the
southern portion of the Atlantic region will be able to fish for and
sell aggregated LCS
[[Page 60784]]
and hammerhead sharks starting in January. The opening date and
retention limits finalized in this rule for the Atlantic region are the
same as those for the current year and similar to those for the 2016,
2017, and 2018 years.
Based on past public comments, some Atlantic fishermen in the
southern and northern parts of the region prefer a January 1 opening
for the fishery as long as the majority of the quota is available later
in the year. Along with the inseason retention limit adjustment
criteria in Sec. 635.24(a)(8), NMFS monitors the quota through the HMS
electronic reporting system on a real-time basis. This allows NMFS the
flexibility to further provide equitable fishing opportunities for
fishermen across all regions, to the extent practicable. The direct
impacts to shark fishermen in the Atlantic region of reducing the
retention limit depend on the needed reduction in the retention limit
and the timing of such a reduction. Therefore, such a reduction in the
retention limit for directed shark limited access permit holders is
only anticipated to have minor adverse direct economic impacts to
fishermen in the short-term; long-term impacts are not anticipated as
these reductions would not be permanent.
In the northern portion of the Atlantic region, a January 1 opening
for the aggregated LCS and hammerhead shark management groups, with
inseason trip limit adjustments to ensure quota is available later in
the season, will have direct, minor, beneficial economic impacts in the
short-term for fishermen as they will potentially have access to the
aggregated LCS and hammerhead shark quotas earlier than in past
seasons. Fishermen in this area have stated that, depending on the
weather, some aggregated LCS species might be available to retain in
January. Thus, fishermen will be able to target or retain aggregated
LCS while targeting non-blacknose SCS. There will be indirect, minor,
beneficial economic impacts in the short- and long-term for shark
dealers and other entities that deal with shark products in this region
as they will also have access to aggregated LCS products earlier than
in past seasons. Thus, opening the aggregated LCS and hammerhead shark
management groups in January and using inseason trip limit adjustments
to ensure the fishery is open later in the year in 2019 will cause
beneficial cumulative economic impacts, because it allows for a more
equitable distribution of the quotas among constituents in this region,
consistent with the 2006 Consolidated HMS FMP and its amendments.
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, NMFS has prepared a listserv summarizing
fishery information and regulations for Atlantic shark fisheries for
2019. This listserv also serves as the small entity compliance guide.
Copies of the compliance guide are available from NMFS (see ADDRESSES).
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
Dated: November 20, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2018-25744 Filed 11-26-18; 8:45 am]
BILLING CODE 3510-22-P
