Atlantic Highly Migratory Species; Atlantic Commercial Shark Fisheries, 48791-48793 [2019-20126]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 84, Number 180 (Tuesday, September 17, 2019)]
[Rules and Regulations]
[Pages 48791-48793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20126]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 180117042-8884-02]
RIN 0648-XT016


Atlantic Highly Migratory Species; Atlantic Commercial Shark 
Fisheries

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; inseason quota transfer.

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SUMMARY: NMFS is transferring 5 metric tons (mt) dressed weight (dw) of 
blacktip quota, 50 mt dw of aggregated large coastal shark (LCS) quota, 
and 8 mt dw of hammerhead shark management group quota from the western 
Gulf of Mexico sub-region to the eastern Gulf of Mexico sub-region for 
the remainder of the 2019 fishing year. This action is based on 
consideration of the regulatory determination criteria regarding 
inseason quota transfers and applies to commercial Atlantic shark 
permitted vessels.

DATES: Effective September 12, 2019, through December 31, 2019.

FOR FURTHER INFORMATION CONTACT: Guy DuBeck or Karyl Brewster-Geisz, 
301-427-8503.

SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed 
under the 2006 Consolidated Atlantic 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.).
    Based on dealer reports received as of August 30, 2019, NMFS 
estimates that in the eastern Gulf of Mexico sub-region, 7.1 mt dw 
(15,733 lb dw) or 26 percent of the blacktip sub-regional quota, 58.1 
mt dw (128,025 lb dw) or 68 percent of the aggregated LCS sub-regional 
quota, and 9.1 mt dw (20,125 lb dw) or 68 percent of the hammerhead 
sub-regional quota has been landed. In the western Gulf of Mexico sub-
region, 60.1 mt dw (132,396 lb dw) or 23 percent of the blacktip sub-
regional quota, 11.8 mt dw (25,929 lb dw) or 16 percent of the 
aggregated LCS sub-regional quota, and <0.5 mt dw (<1,300 lb dw) or 
less than 5 percent of the hammerhead sub-regional quota has been 
landed. Regulations provide that NMFS will close the eastern Gulf of 
Mexico aggregated LCS and hammerhead shark management groups once 
landings reach, or are projected to reach, a threshold of 80 percent of 
the available aggregated LCS or hammerhead shark quota and are also 
projected to reach 100 percent before the end of the 2019 fishing year

[[Page 48792]]

(Sec.  635.28(b)(3)). Regulations also provide that NMFS will close the 
sub-regional eastern Gulf of Mexico blacktip management group before 
landings reach, or are expected to reach, 80 percent of the quota.
    Under Sec.  635.27(b)(2), NMFS may transfer quota between regions 
inseason for species or management groups where the species are the 
same between regions and the quota is split between regions for 
management purposes and not as a result of a stock assessment. Before 
making such adjustments, NMFS considers the following determination 
criteria from Sec.  635.27(b)(2)(iii) and other relevant factors: (1) 
The usefulness of information obtained from catches in the particular 
management group for biological sampling and monitoring of the status 
of the respective shark species and/or management group; (2) the 
catches of the particular species and/or management group quota to date 
and the likelihood of closure of that segment of the fishery if no 
adjustment is made; (3) the projected ability of the vessels fishing 
under the particular species and/or management group quota to harvest 
the additional amount of corresponding quota before the end of the 
fishing year; (4) effects of the adjustment on the status of all shark 
species; (5) effects of the adjustment on accomplishing the objectives 
of the fishery management plan; (6) variations in seasonal 
distribution, abundance, or migration patterns of the appropriate shark 
species and/or management group; (7) effects of catch rates in one area 
precluding vessels in another area from having a reasonable opportunity 
to harvest a portion of the quota; and/or (8) review of dealer reports, 
daily landing trends, and the availability of the respective shark 
species and/or management group on the fishing grounds.
    Given that western Gulf of Mexico blacktip, aggregated LCS, and 
hammerhead sub-regional landings are low relatively late in the year 
and that the eastern Gulf of Mexico aggregated LCS and hammerhead sub-
regional quotas are nearing 80 percent (68 percent), NMFS has 
considered the inseason quota transfer criteria and determined that a 
transfer from the sub-regional western quotas to the eastern quotas is 
warranted to avoid potential closure of those fisheries while fishing 
opportunities still exist.

Quota Transfer

    After fully considering all the criteria listed above, NMFS is 
taking action to transfer blacktip quota, aggregated LCS quota, and 
hammerhead shark management group quotas from the western Gulf of 
Mexico sub-regional quota to the eastern Gulf of Mexico sub-regional 
quota. Under Sec.  635.27(b)(2)(iii), NMFS may transfer quotas between 
regions and sub-regions of the same species or management group, as 
appropriate, after considering the regulatory determination criteria, 
listed above. NMFS's consideration of the relevant criteria includes, 
but is not limited to, the following:
    Regarding the first criterion, biological samples collected by NMFS 
scientific observers on commercial vessels targeting aggregated LCS and 
hammerhead sharks continue to provide NMFS with valuable data for 
ongoing scientific studies of shark age and growth, migration, and 
reproductive status. Regarding the second criterion, commercial shark 
dealer data show that landings of the eastern Gulf of Mexico blacktip, 
aggregated LCS, and hammerhead sharks are approaching 80 percent of the 
quota (68 percent). Once the landings reach, or are projected to reach 
a threshold of 80 percent of the quotas and are also projected to reach 
100 percent before the end of the 2019 fishing year, the eastern Gulf 
of Mexico blacktip, aggregated LCS, and hammerhead shark management 
groups would close.
    Considering the third, fourth, sixth, seventh, and eighth criteria, 
NMFS analyzed landings data, catch trends, and potential migration of 
the species involved and determined that under current fishing rates, 5 
mt dw of blacktip, 50 mt dw of aggregated LCS, and 8 mt dw of 
hammerhead shark management groups are reasonable amounts of quota to 
transfer, which would allow fishermen the opportunity to fully utilize 
the available shark quota, while avoiding negative economic impacts by 
closing the shark management groups. This action will not have impacts 
beyond those already analyzed in the 2006 Consolidated HMS FMP and its 
amendments and thus is not expected to negatively impact the stock.
    Regarding the fifth criterion, this action is consistent with the 
quotas previously implemented and analyzed in the 2019 shark quota 
final rule (83 FR 60777; November 27, 2018) and in the final rule 
implementing Amendment 5a to the 2006 Consolidated Atlantic HMS FMP. 
Specifically, this action is consistent with the objective of providing 
opportunities to fully harvest shark quotas without exceeding them.
    Based on the considerations above, NMFS is transferring 5 mt dw of 
blacktip, 50 mt dw of aggregated LCS, and 8 mt dw of hammerhead shark 
management group quotas from the western Gulf of Mexico sub-regional 
quota to the eastern Gulf of Mexico sub-regional quota as of September 
12, 2019. This quota transfer results in adjusted quotas of 32.7 mt dw 
for blacktip, 135.5 mt dw for aggregated LCS, and 21.4 mt dw for the 
hammerhead shark management group in the eastern Gulf of Mexico sub-
region and 250.8 mt dw for blacktip, 22 mt dw for aggregated LCS, and 
3.9 mt dw for the hammerhead shark management group in the western Gulf 
of Mexico sub-region. If landings and fishing rates do not increase 
substantially, transferring quota from the western Gulf of Mexico sub-
region to the eastern Gulf of Mexico sub-region could allow the 
blacktip, aggregated LCS, and hammerhead fisheries in each sub-region 
to remain open through the end of the 2019 fishing year.
    Therefore, NMFS adjusts the eastern Gulf of Mexico blacktip, 
aggregated LCS, and hammerhead management group sub-regional quotas for 
the remainder of the 2019 shark fishing year, unless we announce 
another quota transfer or adjustment in the Federal Register or close 
the fishery.
    The boundary between the Gulf of Mexico region and the Atlantic 
region is defined at Sec.  635.27(b)(1) as a line beginning on the East 
Coast of Florida at the mainland at 25[deg]20.4' N lat., proceeding due 
east. Any water and land to the south and west of that boundary is 
considered for the purposes of monitoring and setting quotas, to be 
within the Gulf of Mexico region. The boundary between the western and 
eastern Gulf of Mexico sub-regions is drawn along 88[deg]00' W long. 
(Sec.  635.27(b)(1)(ii)). Persons fishing aboard vessels issued a 
commercial shark limited access permit under Sec.  635.4 may still 
retain blacktip sharks, aggregated LCS, and/or hammerhead sharks 
management groups in the eastern Gulf of Mexico sub-region (east of 
88[deg]00' W long.).

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 quota transfers 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 allowing fishermen to 
capitalize on underutilized quota. Adjustment of the blacktip, 
aggregated LCS, and hammerhead fisheries quota in

[[Page 48793]]

the eastern and western Gulf of Mexico sub-regions will become 
effective on September 12, 2019. Analysis of available data shows that 
transfer of the quota from the western Gulf of Mexico sub-region to the 
eastern Gulf of Mexico sub-region would result in minimal risks of 
exceeding the blacktip shark, aggregated LCS, and hammerhead shark 
quotas in the Gulf of Mexico region. 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. The transfer of quota from the western 
Gulf of Mexico sub-region to the eastern Gulf of Mexico sub-region is 
effective September 12, 2019, to minimize any unnecessary disruption in 
fishing patterns and to allow the impacted fishermen to benefit from 
the adjustment. Foregoing opportunities to harvest the respective 
quotas could have negative social and economic impacts for U.S. 
fishermen that depend upon catching the available quotas. Therefore, 
the AA finds there is also good cause under 5 U.S.C. 553(d)(3) to waive 
the 30-day delay in effectiveness.
    This temporary rule is exempt from the procedures of E.O. 12866 
because this action contains no implementing regulations.

    Authority: 16 U.S.C. 971 et seq. and 1801 et seq.

    Dated: September 12, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-20126 Filed 9-12-19; 4:15 pm]
BILLING CODE 3510-22-P