Atlantic Highly Migratory Species; Commercial Aggregated Large Coastal Shark and Hammerhead Shark Management Group Retention Limit Adjustment, 29808-29810 [2019-13483]
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29808
Federal Register / Vol. 84, No. 122 / Tuesday, June 25, 2019 / Rules and Regulations
Dated: June 18, 2019.
Ryan Hambleton,
Deputy Assistant Secretary for Fish and
Wildlife and Parks.
recordkeeping requirements,
Transportation, Wildlife.
Regulation Promulgation
For the reasons described above, we
hereby amend part 14, subchapter B of
chapter I, title 50 of the Code of Federal
Regulations as set forth below.
National Oceanic and Atmospheric
Administration
1. The authority citation for part 14 is
revised to read as follows:
■
Authority: 16 U.S.C. 668, 704, 712, 1382,
1538(d)–(f), 1540(f), 3371–3378, 4223–4244,
and 4901–4916; 18 U.S.C. 42; 31 U.S.C. 9701;
Pub. L. 115–334, 132 Stat. 4490.
2. Amend § 14.92 by adding paragraph
(a)(5) to read as follows:
■
khammond on DSKBBV9HB2PROD with RULES
§ 14.92 What are the exemptions to the
import/export license requirement?
(a) * * *
(5)(i) Except as provided in
paragraphs (a)(5)(ii) and (iii) of this
section, green sea urchins,
Strongylocentrotus droebachiensis,
including any products of that species,
that:
(A) Do not require a permit under part
16, 17, or 23 of this subchapter;
(B) Are taken in waters under the
jurisdiction of the United States or are
imported into the United States for
processing pursuant to the licensing
requirements of § 14.91; and
(C) Are exported for purposes of
human or animal consumption.
(ii) The exemption in paragraph
(a)(5)(i) of this section does not apply to
any person who has been convicted of
one or more violations of a Federal law
relating to the importation,
transportation, or exportation of wildlife
during the previous 5 years.
(iii) The exemption in paragraph
(a)(5)(i) of this section does not apply in
any State that does not annually provide
‘‘conservation and management’’ data,
as defined in section 3 of the MagnusonStevens Fishery Conservation and
Management Act (16 U.S.C. 1802), to the
applicable Marine Fisheries
Commission, or, if the State does
provide the ‘‘conservation and
management’’ data, and the applicable
Marine Fisheries Commission
determines, in consultation with the
primary research agency of such
Commission, after notice and an
opportunity to comment, that the data
fails to prove that the State agency or
official is engaged in conservation and
management of the green sea urchin.
*
*
*
*
*
20:28 Jun 24, 2019
Jkt 247001
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
PART 14—IMPORTATION,
EXPORTATION AND
TRANSPORTATION OF WILDLIFE
VerDate Sep<11>2014
[FR Doc. 2019–13492 Filed 6–24–19; 8:45 am]
50 CFR Part 635
[Docket No. 150413357–5999–02]
RIN 0648–XT003
Atlantic Highly Migratory Species;
Commercial Aggregated Large Coastal
Shark and Hammerhead Shark
Management Group Retention Limit
Adjustment
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
retention limit adjustment.
AGENCY:
NMFS is adjusting the
commercial aggregated large coastal
shark (LCS) and hammerhead shark
management group retention limit for
directed shark limited access permit
holders in the Atlantic region from 3
LCS other than sandbar sharks per
vessel per trip to 36 LCS other than
sandbar sharks per vessel per trip. This
action is based on consideration of the
regulatory determination criteria
regarding inseason adjustments. The
retention limit will remain at 36 LCS
other than sandbar sharks per vessel per
trip in the Atlantic region through the
rest of the 2019 fishing season or until
NMFS announces via a notice in the
Federal Register another adjustment to
the retention limit or a fishery closure.
This retention limit adjustment affects
anyone with a directed shark limited
access permit fishing for LCS in the
Atlantic region.
DATES: This retention limit adjustment
is effective on June 25, 2019, through
December 31, 2019, or until NMFS
announces via a notice in the Federal
Register another adjustment to the
retention limit or a fishery closure, if
warranted.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Lauren Latchford, Guy´ DuBeck, or Karyl
Brewster-Geisz 301–427–8503; fax 301–
713–1917.
SUPPLEMENTARY INFORMATION: Atlantic
shark fisheries are managed under the
2006 Consolidated Highly Migratory
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
Species (HMS) Fishery Management
Plan (FMP), its amendments, and
implementing regulations (50 CFR part
635) issued under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act (16
U.S.C. 1801 et seq.).
Atlantic shark fisheries have separate
regional (Gulf of Mexico and Atlantic)
quotas for all management groups
except those for blue shark, porbeagle
shark, pelagic sharks (other than
porbeagle or blue sharks), and the shark
research fishery for LCS and sandbar
sharks. The boundary between the Gulf
of Mexico region and the Atlantic region
is defined at § 635.27(b)(1) as a line
beginning on the East Coast of Florida
at the mainland at 25°20.4′ N. lat.
proceeding due east. Any water and
land to the north and east of that
boundary is considered, for the
purposes of setting and monitoring
quotas, to be within the Atlantic region.
This inseason action only affects the
aggregated LCS and hammerhead shark
management groups in the Atlantic
region.
Under § 635.24(a)(8), NMFS may
adjust the commercial retention limits
in the shark fisheries during the fishing
season. Before making any adjustment,
NMFS must consider specified
regulatory criteria (see § 635.24(a)(8)(i)
through (vi)). After considering these
criteria as discussed below, NMFS has
concluded that increasing the retention
limit of the Atlantic aggregated LCS and
hammerhead management groups for
directed shark limited access permit
holders in the Atlantic region will allow
use of available aggregated LCS and
hammerhead shark management group
quotas and will provide fishermen
throughout the region equitable fishing
opportunities for the rest of the year.
Therefore, NMFS is increasing the
commercial Atlantic aggregated LCS and
hammerhead shark retention limit in the
Atlantic region from 3 to 36 LCS other
than sandbar shark per vessel per trip.
NMFS considered the inseason
retention limit adjustment criteria listed
at § 635.24(a)(8)(i) through (vi), which
includes:
• The amount of remaining shark
quota in the relevant area, region, or
sub-region to date, based on dealer
reports.
Based on dealer reports through June
14, 2019, approximately 12 percent, or
19.7 metric tons (mt) dressed weight
(dw) (43,409 lb dw) of the 168.9 mt dw
shark quota for aggregated LCS and
approximately 31 percent, or 8.4 mt dw
(18,465 lb dw) of the 27.1 mt dw shark
quota for the hammerhead management
groups have been harvested in the
Atlantic region. This means that
E:\FR\FM\25JNR1.SGM
25JNR1
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Federal Register / Vol. 84, No. 122 / Tuesday, June 25, 2019 / Rules and Regulations
approximately 88 percent of the
aggregated LCS quota, and
approximately 69 percent of the
hammerhead shark quota remains
available. NMFS took action previously
this year to reduce retention rates after
considering the relevant inseason
adjustment criteria, particularly the
need for all regions to have an equitable
opportunity to utilize the quota. Given
the geographic distribution of the sharks
at this time of year (i.e., they are heading
north before moving south again later in
the year), the retention limit is being
adjusted upwards to ensure that
fishermen in the Atlantic region have an
opportunity to fully utilize the quotas in
the region throughout the remainder of
the year.
• The catch rates of the relevant shark
species/complexes in the region or subregion, to date, based on dealer reports.
Based on the current commercial
retention limit and average catch rate of
landings data from dealer reports, the
amount of aggregated LCS and
hammerhead shark quota available is
high. Using current catch rates,
projections indicate that landings would
not reach 80 percent of the quota before
the end of the 2019 fishing season
(December 31, 2019). A higher retention
limit will better promote fishing
opportunities and utilization of
available quota in the Atlantic region.
• Estimated date of fishery closure
based on when the landings are
projected to reach 80 percent of the
quota given the realized catch rates.
Once the landings reach 80 percent of
either the aggregated LCS or
hammerhead shark quotas, NMFS
would, as required by the regulations at
§ 635.28(b)(3), close the aggregated LCS
and hammerhead shark management
groups since they are ‘‘linked quotas.’’
Current catch rates would likely result
in the fisheries remaining open for the
remainder of the year, but with the
quotas being underutilized in the
Atlantic region. The higher retention
limit should help make it possible to
more fully utilize the quota in the
Atlantic region.
• Effects of the adjustment on
accomplishing the objectives of the 2006
Consolidated HMS FMP and its
amendments.
Increasing the retention limit on the
aggregated LCS and hammerhead
management groups in the Atlantic
region from 3 to 36 LCS other than
sandbar sharks per vessel per trip would
allow for fishing opportunities later in
the year, consistent with the FMP’s
objective to ensure equitable fishing
opportunities throughout the region.
• Variations in seasonal distribution,
abundance, or migratory patterns of the
VerDate Sep<11>2014
20:28 Jun 24, 2019
Jkt 247001
relevant shark species based on
scientific and fishery-based knowledge.
The directed shark fisheries in the
Atlantic region are composed of a mix
of species, with a high abundance of
aggregated LCS caught in conjunction
with hammerhead sharks. Migratory
patterns of many LCS in the Atlantic
region indicate that sharks move further
north in the summer and then return
south in the fall. Increasing the
retention limit in the Atlantic region at
this time provides fishing opportunities
for fishermen further north (i.e. MidAtlantic and New England) as the sharks
are likely going to be in the northern
areas of the region for only a short
period of time before migrating south
again. As a result, by increasing the
harvest and landings on a per-trip basis,
fishermen throughout the Atlantic
region will likely experience equitable
fishing opportunities.
• Effects of catch rates in one part of
a region or sub-region precluding
vessels in another part of that region or
sub-region from having a reasonable
opportunity to harvest a portion of the
relevant quota.
NMFS has previously provided notice
to the regulated community (83 FR
60777; November 27, 2018, and 84 FR
12524; April 2, 2019) that a goal of this
year’s fishery is to ensure fishing
opportunities throughout the fishing
season and the Atlantic region. While
dealer reports indicate that, under
current catch rates, the aggregated LCS
and hammerhead shark management
groups in the Atlantic region would
remain open for the remainder of the
year, the catch rates also indicate that
the quotas would likely not be fully
harvested under the current retention
limit. If the harvest of these species is
increased through an increased
retention limit, and absent any
unforeseen circumstances or changes to
expected catch rates, NMFS estimates
that the fishery is likely to remain open
for the remainder of the year and
fishermen throughout the Atlantic
region would have a reasonable
opportunity to harvest a portion of the
quota.
On November 27, 2018 (83 FR 60777),
NMFS announced in a final rule that the
aggregated LCS and hammerhead shark
fisheries management groups for the
Atlantic region would open on January
1 with a quota of 168.9 mt dw (372,552
lb dw) and 27.1 mt dw (59,736 lb dw),
respectively. In the final rule, after
considering public comment on the
proposed rule (83 FR 45866, September
11, 2018), NMFS explained that if it
appeared that the quota is being
harvested too quickly, potentially
precluding fishing opportunities
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
29809
throughout the entire region (e.g., if
approximately 20 percent of the quota is
caught at the beginning of the year),
NMFS would consider reducing the
commercial retention limit to 3 or fewer
LCS other than sandbar sharks and later
consider increasing the retention limit,
perhaps to 36 LCS other than sandbar
sharks per vessel per trip, around July
15, 2019, consistent with the applicable
regulatory adjustment criteria. Dealer
reports through March 22, 2019,
indicated that landings had reached 24
percent of the hammerhead shark quota.
NMFS then reduced the commercial
Atlantic aggregated LCS and
hammerhead shark retention limit from
25 to 3 LCS other than sandbar sharks
per vessel per trip on April 1, 2019 (84
FR 12524; April 2, 2019) after
considering the inseason retention limit
adjustment criteria listed in
§ 635.24(a)(8). Based on dealer reports
through june 14, 2019, approximately 12
percent and 31 percent of the aggregated
LCS and hammerhead shark quotas have
been harvested, respectively. With this
action, NMFS is increasing the retention
limit for the commercial aggregated LCS
and hammerhead shark management
groups in the Atlantic region for
directed shark limited access permit
holders from 3 LCS other than sandbar
sharks per vessel per trip to 36 LCS
other than sandbar sharks per vessel per
trip. NMFS is taking this action earlier
than originally anticipated (and earlier
than last year’s similar action) given that
relatively little of the quotas have been
harvested so far this year and given
updated information about aggregated
LCS and hammerhead shark landings
last year. Last year, the retention limit
was increased to 36 LCS other than
sandbar sharks per vessel per trip on
July 18, 2018 (83 FR 33870) and
increased to 45 LCS other than sandbar
sharks per vessel per trip on November
7, 2018 (83 FR 55638). Even with both
of the retention limit increases, the
aggregated LCS landings only reached
55 percent of the annual quota, while
the hammerhead shark landings reached
46 percent of the annual quota. Given
the low aggregated LCS landings this
year to date, NMFS anticipates the
fishing season could be similar to last
year, and thus believes that increasing
the retention limit earlier could assist
with the available quota being fully
utilized. Without this early increase,
fishermen in the Atlantic region may
not have an opportunity to fully utilize
the quotas in the region for the
remainder of the year, and available
quota will be underutilized.
Accordingly, as of June 25, 2019,
NMFS is increasing the retention limit
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25JNR1
29810
Federal Register / Vol. 84, No. 122 / Tuesday, June 25, 2019 / Rules and Regulations
for the commercial aggregated LCS and
hammerhead shark management groups
in the Atlantic region for directed shark
limited access permit holders from 3
LCS other than sandbar sharks per
vessel per trip to 36 LCS other than
sandbar sharks per vessel per trip. This
retention limit adjustment does not
apply to directed shark limited access
permit holders if the vessel is properly
permitted to operate as a charter vessel
or headboat for HMS and is engaged in
a for-hire trip, in which case the
recreational retention limits for sharks
and ‘‘no sale’’ provisions apply
(§ 635.22(a) and (c)); or if the vessel
possesses a valid shark research permit
under § 635.32 and a NMFS-approved
observer is onboard, in which case the
restrictions noted on the shark research
permit apply.
All other retention limits and shark
fisheries in the Atlantic region remain
unchanged. This retention limit will
remain at 36 LCS other than sandbar
sharks per vessel per trip for the
remainder of the 2019 fishing season, or
until NMFS announces via a notice in
the Federal Register another adjustment
to the retention limit or a fishery
closure, if warranted.
Classification
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The Assistant Administrator for
NMFS (AA) finds that it is impracticable
and contrary to the public interest to
provide prior notice of, and an
opportunity for public comment on, this
action for the following reasons:
VerDate Sep<11>2014
20:28 Jun 24, 2019
Jkt 247001
Prior notice is impracticable because
the regulatory criteria for inseason
retention limit adjustments are intended
to allow the agency to respond quickly
to existing management considerations,
including remaining available shark
quotas, estimated dates for the fishery
closures, the regional variations in the
shark fisheries, and equitable fishing
opportunities. Additionally, regulations
implementing Amendment 6 of the 2006
Atlantic Consolidated HMS FMP (80 FR
50074, August 18, 2015) intended that
the LCS retention limit could be
adjusted quickly throughout the fishing
season to provide management
flexibility for the shark fisheries and
provide equitable fishing opportunities
to fishermen throughout the regions.
Based on available shark quotas and
informed by shark landings in previous
seasons, responsive adjustment to the
LCS commercial retention limit from the
incidental level is warranted as quickly
as possible to allow fishermen to take
advantage of available quotas while
sharks are present in their region. For
such adjustment to be practicable, it
must occur in a timeframe that allows
fishermen to take advantage of it.
Adjustment of the LCS fisheries
retention limit in the Atlantic region
will begin on June 25, 2019. Analysis of
available data shows that adjustment of
the LCS commercial retention limit
upward to 36 would result in minimal
risks of exceeding the aggregated LCS
and hammerhead shark quotas in the
Atlantic region based on our
consideration of previous years’ data.
PO 00000
Frm 00016
Fmt 4700
Sfmt 9990
With quota available and with no
measurable impacts to the stocks
expected, it would be contrary to the
public interest to require vessels to wait
to harvest the sharks otherwise
allowable through this action.
Therefore, the AA finds good cause
under 5 U.S.C. 553(b)(B) to waive prior
notice and the opportunity for public
comment. Adjustment of the LCS
commercial retention limit in the
Atlantic region is effective June 25,
2019, to minimize any unnecessary
disruption in fishing patterns, to allow
the impacted fishermen to benefit from
the adjustment, and to not preclude
fishing opportunities by fishermen
farther north as the sharks are likely
going to be in the northern areas of the
region for only a short period of time
before migrating south again. Foregoing
opportunities to harvest the respective
quotas could have negative social and
economic impacts for U.S. fishermen
that depend upon catching the available
quotas. Therefore, the AA finds there is
also good cause under 5 U.S.C. 553(d)(3)
to waive the 30-day delay in
effectiveness.
This action is being taken under
§ 635.24(a)(2) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 20, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2019–13483 Filed 6–24–19; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\25JNR1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 122 (Tuesday, June 25, 2019)]
[Rules and Regulations]
[Pages 29808-29810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13483]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 150413357-5999-02]
RIN 0648-XT003
Atlantic Highly Migratory Species; Commercial Aggregated Large
Coastal Shark and Hammerhead Shark Management Group Retention Limit
Adjustment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason retention limit adjustment.
-----------------------------------------------------------------------
SUMMARY: NMFS is adjusting the commercial aggregated large coastal
shark (LCS) and hammerhead shark management group retention limit for
directed shark limited access permit holders in the Atlantic region
from 3 LCS other than sandbar sharks per vessel per trip to 36 LCS
other than sandbar sharks per vessel per trip. This action is based on
consideration of the regulatory determination criteria regarding
inseason adjustments. The retention limit will remain at 36 LCS other
than sandbar sharks per vessel per trip in the Atlantic region through
the rest of the 2019 fishing season or until NMFS announces via a
notice in the Federal Register another adjustment to the retention
limit or a fishery closure. This retention limit adjustment affects
anyone with a directed shark limited access permit fishing for LCS in
the Atlantic region.
DATES: This retention limit adjustment is effective on June 25, 2019,
through December 31, 2019, or until NMFS announces via a notice in the
Federal Register another adjustment to the retention limit or a fishery
closure, if warranted.
FOR FURTHER INFORMATION CONTACT: Lauren Latchford, Gu[yacute] DuBeck,
or Karyl Brewster-Geisz 301-427-8503; fax 301-713-1917.
SUPPLEMENTARY INFORMATION: Atlantic shark fisheries are managed under
the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management
Plan (FMP), its amendments, and implementing regulations (50 CFR part
635) issued under authority of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.).
Atlantic shark fisheries have separate regional (Gulf of Mexico and
Atlantic) quotas for all management groups except those for blue shark,
porbeagle shark, pelagic sharks (other than porbeagle or blue sharks),
and the shark research fishery for LCS and sandbar sharks. The boundary
between the Gulf of Mexico region and the Atlantic region is defined at
Sec. 635.27(b)(1) as a line beginning on the East Coast of Florida at
the mainland at 25[deg]20.4' N. lat. proceeding due east. Any water and
land to the north and east of that boundary is considered, for the
purposes of setting and monitoring quotas, to be within the Atlantic
region. This inseason action only affects the aggregated LCS and
hammerhead shark management groups in the Atlantic region.
Under Sec. 635.24(a)(8), NMFS may adjust the commercial retention
limits in the shark fisheries during the fishing season. Before making
any adjustment, NMFS must consider specified regulatory criteria (see
Sec. 635.24(a)(8)(i) through (vi)). After considering these criteria
as discussed below, NMFS has concluded that increasing the retention
limit of the Atlantic aggregated LCS and hammerhead management groups
for directed shark limited access permit holders in the Atlantic region
will allow use of available aggregated LCS and hammerhead shark
management group quotas and will provide fishermen throughout the
region equitable fishing opportunities for the rest of the year.
Therefore, NMFS is increasing the commercial Atlantic aggregated LCS
and hammerhead shark retention limit in the Atlantic region from 3 to
36 LCS other than sandbar shark per vessel per trip.
NMFS considered the inseason retention limit adjustment criteria
listed at Sec. 635.24(a)(8)(i) through (vi), which includes:
The amount of remaining shark quota in the relevant area,
region, or sub-region to date, based on dealer reports.
Based on dealer reports through June 14, 2019, approximately 12
percent, or 19.7 metric tons (mt) dressed weight (dw) (43,409 lb dw) of
the 168.9 mt dw shark quota for aggregated LCS and approximately 31
percent, or 8.4 mt dw (18,465 lb dw) of the 27.1 mt dw shark quota for
the hammerhead management groups have been harvested in the Atlantic
region. This means that
[[Page 29809]]
approximately 88 percent of the aggregated LCS quota, and approximately
69 percent of the hammerhead shark quota remains available. NMFS took
action previously this year to reduce retention rates after considering
the relevant inseason adjustment criteria, particularly the need for
all regions to have an equitable opportunity to utilize the quota.
Given the geographic distribution of the sharks at this time of year
(i.e., they are heading north before moving south again later in the
year), the retention limit is being adjusted upwards to ensure that
fishermen in the Atlantic region have an opportunity to fully utilize
the quotas in the region throughout the remainder of the year.
The catch rates of the relevant shark species/complexes in
the region or sub-region, to date, based on dealer reports.
Based on the current commercial retention limit and average catch
rate of landings data from dealer reports, the amount of aggregated LCS
and hammerhead shark quota available is high. Using current catch
rates, projections indicate that landings would not reach 80 percent of
the quota before the end of the 2019 fishing season (December 31,
2019). A higher retention limit will better promote fishing
opportunities and utilization of available quota in the Atlantic
region.
Estimated date of fishery closure based on when the
landings are projected to reach 80 percent of the quota given the
realized catch rates.
Once the landings reach 80 percent of either the aggregated LCS or
hammerhead shark quotas, NMFS would, as required by the regulations at
Sec. 635.28(b)(3), close the aggregated LCS and hammerhead shark
management groups since they are ``linked quotas.'' Current catch rates
would likely result in the fisheries remaining open for the remainder
of the year, but with the quotas being underutilized in the Atlantic
region. The higher retention limit should help make it possible to more
fully utilize the quota in the Atlantic region.
Effects of the adjustment on accomplishing the objectives
of the 2006 Consolidated HMS FMP and its amendments.
Increasing the retention limit on the aggregated LCS and hammerhead
management groups in the Atlantic region from 3 to 36 LCS other than
sandbar sharks per vessel per trip would allow for fishing
opportunities later in the year, consistent with the FMP's objective to
ensure equitable fishing opportunities throughout the region.
Variations in seasonal distribution, abundance, or
migratory patterns of the relevant shark species based on scientific
and fishery-based knowledge.
The directed shark fisheries in the Atlantic region are composed of
a mix of species, with a high abundance of aggregated LCS caught in
conjunction with hammerhead sharks. Migratory patterns of many LCS in
the Atlantic region indicate that sharks move further north in the
summer and then return south in the fall. Increasing the retention
limit in the Atlantic region at this time provides fishing
opportunities for fishermen further north (i.e. Mid-Atlantic and New
England) as the sharks are likely going to be in the northern areas of
the region for only a short period of time before migrating south
again. As a result, by increasing the harvest and landings on a per-
trip basis, fishermen throughout the Atlantic region will likely
experience equitable fishing opportunities.
Effects of catch rates in one part of a region or sub-
region precluding vessels in another part of that region or sub-region
from having a reasonable opportunity to harvest a portion of the
relevant quota.
NMFS has previously provided notice to the regulated community (83
FR 60777; November 27, 2018, and 84 FR 12524; April 2, 2019) that a
goal of this year's fishery is to ensure fishing opportunities
throughout the fishing season and the Atlantic region. While dealer
reports indicate that, under current catch rates, the aggregated LCS
and hammerhead shark management groups in the Atlantic region would
remain open for the remainder of the year, the catch rates also
indicate that the quotas would likely not be fully harvested under the
current retention limit. If the harvest of these species is increased
through an increased retention limit, and absent any unforeseen
circumstances or changes to expected catch rates, NMFS estimates that
the fishery is likely to remain open for the remainder of the year and
fishermen throughout the Atlantic region would have a reasonable
opportunity to harvest a portion of the quota.
On November 27, 2018 (83 FR 60777), NMFS announced in a final rule
that the aggregated LCS and hammerhead shark fisheries management
groups for the Atlantic region would open on January 1 with a quota of
168.9 mt dw (372,552 lb dw) and 27.1 mt dw (59,736 lb dw),
respectively. In the final rule, after considering public comment on
the proposed rule (83 FR 45866, September 11, 2018), NMFS explained
that if it appeared that the quota is being harvested too quickly,
potentially precluding fishing opportunities throughout the entire
region (e.g., if approximately 20 percent of the quota is caught at the
beginning of the year), NMFS would consider reducing the commercial
retention limit to 3 or fewer LCS other than sandbar sharks and later
consider increasing the retention limit, perhaps to 36 LCS other than
sandbar sharks per vessel per trip, around July 15, 2019, consistent
with the applicable regulatory adjustment criteria. Dealer reports
through March 22, 2019, indicated that landings had reached 24 percent
of the hammerhead shark quota. NMFS then reduced the commercial
Atlantic aggregated LCS and hammerhead shark retention limit from 25 to
3 LCS other than sandbar sharks per vessel per trip on April 1, 2019
(84 FR 12524; April 2, 2019) after considering the inseason retention
limit adjustment criteria listed in Sec. 635.24(a)(8). Based on dealer
reports through june 14, 2019, approximately 12 percent and 31 percent
of the aggregated LCS and hammerhead shark quotas have been harvested,
respectively. With this action, NMFS is increasing the retention limit
for the commercial aggregated LCS and hammerhead shark management
groups in the Atlantic region for directed shark limited access permit
holders from 3 LCS other than sandbar sharks per vessel per trip to 36
LCS other than sandbar sharks per vessel per trip. NMFS is taking this
action earlier than originally anticipated (and earlier than last
year's similar action) given that relatively little of the quotas have
been harvested so far this year and given updated information about
aggregated LCS and hammerhead shark landings last year. Last year, the
retention limit was increased to 36 LCS other than sandbar sharks per
vessel per trip on July 18, 2018 (83 FR 33870) and increased to 45 LCS
other than sandbar sharks per vessel per trip on November 7, 2018 (83
FR 55638). Even with both of the retention limit increases, the
aggregated LCS landings only reached 55 percent of the annual quota,
while the hammerhead shark landings reached 46 percent of the annual
quota. Given the low aggregated LCS landings this year to date, NMFS
anticipates the fishing season could be similar to last year, and thus
believes that increasing the retention limit earlier could assist with
the available quota being fully utilized. Without this early increase,
fishermen in the Atlantic region may not have an opportunity to fully
utilize the quotas in the region for the remainder of the year, and
available quota will be underutilized.
Accordingly, as of June 25, 2019, NMFS is increasing the retention
limit
[[Page 29810]]
for the commercial aggregated LCS and hammerhead shark management
groups in the Atlantic region for directed shark limited access permit
holders from 3 LCS other than sandbar sharks per vessel per trip to 36
LCS other than sandbar sharks per vessel per trip. This retention limit
adjustment does not apply to directed shark limited access permit
holders if the vessel is properly permitted to operate as a charter
vessel or headboat for HMS and is engaged in a for-hire trip, in which
case the recreational retention limits for sharks and ``no sale''
provisions apply (Sec. 635.22(a) and (c)); or if the vessel possesses
a valid shark research permit under Sec. 635.32 and a NMFS-approved
observer is onboard, in which case the restrictions noted on the shark
research permit apply.
All other retention limits and shark fisheries in the Atlantic
region remain unchanged. This retention limit will remain at 36 LCS
other than sandbar sharks per vessel per trip for the remainder of the
2019 fishing season, or until NMFS announces via a notice in the
Federal Register another adjustment to the retention limit or a fishery
closure, if warranted.
Classification
The Assistant Administrator for NMFS (AA) finds that it is
impracticable and contrary to the public interest to provide prior
notice of, and an opportunity for public comment on, this action for
the following reasons:
Prior notice is impracticable because the regulatory criteria for
inseason retention limit adjustments are intended to allow the agency
to respond quickly to existing management considerations, including
remaining available shark quotas, estimated dates for the fishery
closures, the regional variations in the shark fisheries, and equitable
fishing opportunities. Additionally, regulations implementing Amendment
6 of the 2006 Atlantic Consolidated HMS FMP (80 FR 50074, August 18,
2015) intended that the LCS retention limit could be adjusted quickly
throughout the fishing season to provide management flexibility for the
shark fisheries and provide equitable fishing opportunities to
fishermen throughout the regions. Based on available shark quotas and
informed by shark landings in previous seasons, responsive adjustment
to the LCS commercial retention limit from the incidental level is
warranted as quickly as possible to allow fishermen to take advantage
of available quotas while sharks are present in their region. For such
adjustment to be practicable, it must occur in a timeframe that allows
fishermen to take advantage of it.
Adjustment of the LCS fisheries retention limit in the Atlantic
region will begin on June 25, 2019. Analysis of available data shows
that adjustment of the LCS commercial retention limit upward to 36
would result in minimal risks of exceeding the aggregated LCS and
hammerhead shark quotas in the Atlantic region based on our
consideration of previous years' data. With quota available and with no
measurable impacts to the stocks expected, it would be contrary to the
public interest to require vessels to wait to harvest the sharks
otherwise allowable through this action. Therefore, the AA finds good
cause under 5 U.S.C. 553(b)(B) to waive prior notice and the
opportunity for public comment. Adjustment of the LCS commercial
retention limit in the Atlantic region is effective June 25, 2019, to
minimize any unnecessary disruption in fishing patterns, to allow the
impacted fishermen to benefit from the adjustment, and to not preclude
fishing opportunities by fishermen farther north as the sharks are
likely going to be in the northern areas of the region for only a short
period of time before migrating south again. Foregoing opportunities to
harvest the respective quotas could have negative social and economic
impacts for U.S. fishermen that depend upon catching the available
quotas. Therefore, the AA finds there is also good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in effectiveness.
This action is being taken under Sec. 635.24(a)(2) and is exempt
from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 20, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-13483 Filed 6-24-19; 8:45 am]
BILLING CODE 3510-22-P
