Atlantic Highly Migratory Species; 2020 Atlantic Shark Commercial Fishing Year, 65690-65699 [2019-25916]
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Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 190220141–9141–01]
RIN 0648–XP004
International Fisheries; Western and
Central Pacific Fisheries for Highly
Migratory Species; Reopening and
Closing of the Purse Seine Fishery in
the ELAPS in 2019
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; fishery
reopening; fishery closure.
AGENCY:
NMFS is temporarily
reopening the U.S. purse seine fishery
in the Effort Limit Area for Purse Seine,
or ELAPS, for ten calendar days because
part of the fishing effort limit remains
after NMFS closed the fishery effective
October 9, 2019 (see 84 FR 52035;
October 1, 2019). This action will allow
U.S. purse seine vessels to access the
remainder of the fishing effort limit
specified by the Commission for the
Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean
(WCPFC or Commission) in
Conservation and Management Measure
(CMM) 2018–01, ‘‘Conservation and
Management Measure for Bigeye,
Yellowfin, and Skipjack Tuna in the
Western and Central Pacific Ocean.’’
DATES: The reopening is effective 00:00
on November 29, 2019, Universal
Coordinated Time (UTC), until 24:00 on
December 9, 2019, UTC.
FOR FURTHER INFORMATION CONTACT: Rini
Ghosh, NMFS Pacific Islands Regional
Office, 808–725–5033.
SUPPLEMENTARY INFORMATION: U.S. purse
seine fishing in the area of application
of the Convention on the Conservation
and Management of Highly Migratory
Fish Stocks in the Western and Central
Pacific Ocean (Convention), or
Convention Area, is managed, in part,
under the Western and Central Pacific
Fisheries Convention Implementation
Act, 16 U.S.C. 6901 et seq. (Act).
Regulations implementing the Act are at
50 CFR part 300, subpart O. On behalf
of the Secretary of Commerce, NMFS
promulgates regulations under the Act
as may be necessary to carry out the
obligations of the United States under
the Convention, to which it is a
Contracting Party, including
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SUMMARY:
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implementation of the decisions of the
Commission.
Pursuant to WCPFC CMM 2018–01,
NMFS issued regulations that
established a limit of 1,616 fishing days
that may be used by U.S. purse seine
fishing vessels in the ELAPS in calendar
year 2019 (see interim rule at 84 FR
37145, published July 31, 2019, codified
at 50 CFR 300.223). The ELAPS consists
of the areas of the U.S. Exclusive
Economic Zone and the high seas that
are in the Convention Area between the
latitudes of 20° N and 20° S (see
definition at 50 CFR 300.211). A fishing
day means any day in which a fishing
vessel of the United States equipped
with purse seine gear searches for fish,
deploys a fish aggregating device (FAD),
services a FAD, or sets a purse seine,
with the exception of setting a purse
seine solely for the purpose of testing or
cleaning the gear and resulting in no
catch (see definition at 50 CFR 300.211).
Based on data submitted in logbooks
and other available information, NMFS
expected that the 2019 limit of 1,616
fishing days in the ELAPS would be
reached and, in accordance with the
procedures established at 50 CFR
300.223(a), closed the purse seine
fishery in the ELAPS through a
temporary rule effective 00:00 on
October 9, 2019 UTC through December
31, 2019 (84 FR 52035; October 1, 2019).
After the closure went into effect and
the data for the days leading up to the
closure were obtained, NMFS
determined that 64 fishing days of the
2019 calendar year limit remain.
Therefore, NMFS is publishing this
temporary rule to reopen the purse seine
fishery in the ELAPS for a limited
period of time so that the remainder of
the limit may be used. All fishing under
the remaining limit must be done in
accordance with the regulations at 50
CFR 300.223 and any other applicable
regulations.
To determine the number of calendar
days to reopen the fishery, NMFS used
the fishing rate (i.e., the number of
fishing days used by the entire U.S.
purse seine fleet per calendar day) in
the period just prior to the October 9,
2019, closure, modified to account for
changes in fleet size. In the 14 days
prior to the closure, the fishing rate in
the ELAPS was 8.0 fishing days used by
the entire U.S. purse seine fleet per
calendar day. However, the U.S. purse
seine fleet has since been reduced in
size by three vessels, and there is
potential for additional U.S. purse seine
vessels to leave the fleet prior to the
ELAPS being reopened. Assuming a 20
percent reduction in the fishing rate in
the ELAPS due to the reductions in fleet
size, NMFS estimates 6.4 fishing days
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will be used by the entire U.S. purse
seine fleet per calendar day during the
reopening of the ELAPS (i.e., 8.0 fishing
days per calendar day reduced by 20
percent is 6.4 fishing days per calendar
day, and 64 fishing days divided by 6.4
fishing days per calendar day is 10
calendar days). Based on this analysis,
NMFS is reopening the fishery for 10
calendar days.
Classification
There is good cause under 5 U.S.C.
553(b)(B) to waive prior notice and
opportunity for public comment on this
action. Compliance with the notice and
comment requirement would be
impracticable, unnecessary, and
contrary to the public interest because
this action is simply a correction to a
premature closure and is a benefit to
fishermen since they cannot currently
access the fishery. NMFS solicited
public comments on the interim final
rule establishing the 2019 limit of 1,616
fishing days in the ELAPS and will be
responding to those comments in a
subsequent final rule. For the same
reasons, there is good cause under 5
U.S.C. 553(d)(3) to establish an effective
date less than 30 days after the date of
publication of this notice.
This action is taken under 50 CFR
300.223(a) is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 6901 et seq.
Dated: November 22, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2019–25780 Filed 11–27–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 191125–0090]
RTID 0648–XT004
Atlantic Highly Migratory Species;
2020 Atlantic Shark Commercial
Fishing Year
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; fishing season
notification.
AGENCY:
This final rule establishes the
2020 opening date for all Atlantic shark
fisheries, including the fisheries in the
Gulf of Mexico and Caribbean. This
SUMMARY:
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final rule also establishes the quotas for
the 2020 fishing year based on harvest
levels during 2019 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, 2020. The 2020 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: Guy
DuBeck 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,
measures related to commercial shark
retention limits, commercial quotas for
species and management groups, and
accounting for under- and overharvests
for the shark fisheries. The FMP also
includes adaptive management
measures, such as flexibility in
establishing opening dates for the
fishing season and the ability to make
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 19, 2019, NMFS
published a proposed rule (84 FR
49236), on management measures for
the commercial shark fisheries for the
2020 fishing year. The rule proposed
opening all Atlantic commercial shark
management groups on January 1, 2020,
setting initial retention limits for large
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coastal shark (LCS) retention by directed
shark limited access permit holders, and
adjusting quotas for the 2020 fishing
year based on harvest levels during
2019. The proposed rule contains
details about the action that are not
repeated here. The comment period on
the proposed rule closed on October 10,
2019. NMFS received 18 written and
oral comments regarding the proposed
opening dates, retention limits, and
potential inseason retention limit
adjustments as 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 finalizing the rule
as proposed, with three changes,
discussed below.
NMFS is opening the fishing year for
all shark management groups on January
1, 2020, as proposed. In setting the
opening date, NMFS considered the
‘‘opening commercial fishing season’’
criteria at § 635.27(b)(3). These criteria
include 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. The rule also
establishes a 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 of 45
LCS other than sandbar sharks per
vessel per trip, as proposed. NMFS
changed the initial retention limit for
directed shark limited access permit
holders in the aggregated LCS and
hammerhead management groups for
the Atlantic region from the proposed
level of 25 LCS other than sandbar
sharks per vessel per trip to 36 LCS
other than sandbar sharks per vessel per
trip. 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
no more than 16 small coastal sharks
(SCS) and pelagic sharks, combined, per
vessel 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 34°00′ N lat. has not changed
from the proposed rule and remains at
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65691
eight blacknose sharks per trip
consistent with § 635.24(a)(4).
Blacknose sharks may not be harvested
in the Gulf of Mexico region. This
rulemaking does not consider changes
to the retention limits outside of what
is allowed currently by the regulations.
This final rule also adjusts the annual
commercial quotas for 2020 based on
over- and/or underharvests, calculated
after accounting for landings reported
by October 18, 2019, consistent with
existing regulations. Based on updated
landings information as of October 18,
2019, only the adjusted blacktip quota
in the Gulf of Mexico region has
changed since the proposed rule. All
other quotas remain the same as
proposed. While this action adjusts
certain quotas as allowable, it 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 baseline quotas
were established under previous
actions, and any changes to those
baseline quotas would be performed
through a separate action.
Response to Comments
NMFS received 18 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–XT004. All of
the comments received are summarized
below.
Comment 1: NMFS received
comments in support of the proposed
opening date of January 1 for the LCS
fisheries in the Gulf of Mexico and
Atlantic regions.
Response: NMFS will open the LCS
fisheries in the Gulf of Mexico and
Atlantic regions on January 1, as
proposed. NMFS will also open all other
shark management groups on January 1,
as proposed.
Comment 2: NMFS received several
comments regarding the proposed
commercial retention limit for the
aggregated LCS, hammerhead, and
blacktip shark management groups in
the eastern and western Gulf of Mexico
sub-regions. Some commenters were
opposed to the proposed retention limit
of 45 LCS other than sandbar sharks per
vessel per trip, and noted that NMFS
should increase the retention limit to 55
LCS other than sandbar sharks per
vessel per trip. Commercial fishermen
from the western Gulf of Mexico subregion preferred the higher retention
limit (55 sharks per vessel per trip) to
provide equitable fishing opportunities
for both Federal and state-water
fishermen, while some commercial
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fishermen from the eastern Gulf of
Mexico sub-region also preferred the
higher retention limit to more fully
utilize quotas, which were
underutilized this year. NMFS also
received comments from commercial
fishermen in the eastern Gulf of Mexico
sub-region that they preferred a
retention limit of 45 LCS per vessel per
trip to ensure a year-round fishery.
Response: After considering public
comment, and bearing in mind NMFS’s
ability to further adjust retention limits
inseason, NMFS has determined that
starting the season at the default
retention limit of 45 LCS other than
sandbar sharks per vessel per trip, as
proposed, is appropriate and will ensure
equitable fishing opportunities in both
Gulf of Mexico sub-regions, to the extent
practicable. This season, the
participation in the Gulf of Mexico LCS
fishery was lower than in past years,
and the shark management group quotas
in both sub-regions remain open to date.
In the western Gulf of Mexico subregion, landings were particularly low
this year, which commenters said was
due to issues related to selling and
transporting shark products across state
lines. This reduction in overall landings
has resulted in the blacktip, aggregated
LCS, and hammerhead shark
management groups in the western Gulf
of Mexico sub-region remaining open to
date, relatively late in the year, which
has not occurred in past seasons, and a
portion of each quota being transferred
to the eastern Gulf of Mexico sub-region
(84 FR 48791; September 17, 2019). In
the eastern Gulf of Mexico sub-region,
fishermen continue to harvest blacktip,
aggregated LCS, and hammerhead shark
management group quotas. In addition,
NMFS understands that the State of
Mississippi is considering starting a
commercial shark fishery in state waters
in 2020. Although NMFS does know at
this time how many vessels might
participate in this fishery, how many
permits could be issued, or what the
State regulations will be, associated
landings would count against the
western Gulf of Mexico sub-regional
quotas, creating some additional
uncertainty regarding the fishery for
2020. Thus, due to public comment
regarding the year-round fishery and the
uncertainty about the number of
participants in the 2020 fishing season,
NMFS has decided to keep the retention
limit at the proposed 45 LCS other than
sandbar sharks per vessel per trip for the
start of the season. If 2020 landing rates
are similar to landings rates in 2019,
NMFS could consider adjusting the
retention limit inseason to maximize
quotas.
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Comment 3: NMFS received several
comments regarding the proposed
commercial retention limits and the
proposed change to the quota harvest
level at which NMFS may consider
adjusting the retention limit for the
aggregated LCS and hammerhead shark
management groups in the Atlantic
region. NMFS received comments
opposing the proposed retention limit of
25 LCS other than sandbar sharks at the
beginning of the year. Instead,
commenters stated they would prefer a
retention limit of 36 LCS trip limit at the
beginning of the year to more fully
utilize the available quota. NMFS
received comments in support of and
opposition to the proposed level of 20
percent of quota harvested at which
NMFS may consider adjusting the
retention limit. Commenters suggested a
variety of percentages that ranged from
20 to 40 percent, and expressed concern
that a lower percentage and smaller
hammerhead shark quota could limit
harvest and increase the likelihood of a
closure. If the fishery were to close
early, then the overall quota would not
be reached, similar to what has
happened in recent years.
Response: NMFS will start the season
with a commercial retention limit of 36
LCS other than sandbar sharks per
vessel per trip. Additionally, NMFS
recognizes that the 20 percent of quota
harvested at which NMFS may consider
adjusting the retention limit used in
recent years along with other factors has
resulted in the annual quotas in the
Atlantic region not being fully utilized
in recent years. For example, as of
October 18, 2019, only 27 percent of the
aggregated LCS and 38 percent of the
hammerhead shark quotas have been
landed. This means that approximately
73 percent of the aggregated LCS quota
remains available and approximately 62
percent of the hammerhead shark quota
remains available through December 31,
2019. In order to allow fishermen
additional opportunities to fully harvest
the aggregated LCS and hammerhead
management group quotas, NMFS is
implementing a higher retention limit
(36 LCS other than sandbar sharks per
vessel per trip) at the start of the season
and a higher percentage of quota
harvested at which NMFS may consider
adjusting the retention limit (35
percent). If the quota is landed quickly
(e.g., if approximately 35 percent of the
quota is caught at the beginning of the
year), NMFS anticipates that it would
apply the appropriate regulatory criteria
to consider an inseason reduction of the
retention limit (e.g., to three or fewer
LCS other than sandbar sharks per
vessel per trip), then consider an
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increase in the retention limit later in
the year, which is a similar process to
what has been done in past seasons.
Comment 4: NMFS received
comments regarding increasing the
retention limit beyond the current
threshold of 55 LCS other than sandbar
sharks per vessel per trip or converting
the retention limit back to pounds per
trip. One commenter preferred a
retention limit of 100 LCS other than
sandbar sharks per vessel per trip, since
the quotas are not harvested and shark
populations have increased. Another
commenter preferred the retention limit
be 4,000 pound (lb) dressed weight (dw)
per trip, which was the trip limit prior
to 2008, to make trips more profitable
and reduce discards. Additionally, some
commenters would prefer separate
retention limits for the Gulf of Mexico
blacktip shark management group and
hammerhead shark management groups
in the Atlantic and Gulf of Mexico,
since each management group has
separate quotas. Other commenters
requested a retention limit for sandbar
sharks outside of the shark research
fishery due to increased interactions
during non-shark research fishery trips
in recent years.
Response: These comments are
outside the scope of this rulemaking
because the purpose of this rulemaking
is to set opening dates and commercial
retention limits for the 2020 shark
season and to adjust quotas for the 2020
shark seasons based on over- and
underharvests from the previous years.
Pursuant to § 635.24(a)(2), the
commercial retention limit for LCS
other than sandbar sharks may range
between zero and 55 LCS other than
sandbar sharks per vessel per trip. Thus,
the maximum commercial retention
limit is 55 LCS other than sandbar
sharks per vessel per trip and a higher
limit is not considered in this
rulemaking, not was changing the
approach to retention limits from
numbers of individuals to weight.
NMFS may reexamine the upper and
lower bounds of the current commercial
shark retention limits in a future
rulemaking.
Comment 5: NMFS received
comments that all quota linkages in the
LCS fishery should be removed since
such linkages have contributed to the
underutilization of quotas.
Response: This comment is outside
the scope of this rulemaking because the
purpose of this rulemaking is to set
opening dates and commercial retention
limits for the 2020 shark season and to
adjust quotas for the 2020 shark seasons
based on over- and underharvests from
the previous years. The current LCS
quota linkages were implemented in the
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final rules for Amendment 5a and
Amendment 6 to the 2006 Consolidated
HMS FMP as part of rebuilding plans for
shark species that are overfished in
order to reduce mortality of overfished
stocks during commercial fishing for
other shark species. The issue of
removing quota linkages is not being reconsidered or re-addressed in this
rulemaking.
Comment 6: NMFS received a
comment regarding a concern about the
increase in shark populations impacting
other fisheries and stocks.
Response: This comment is outside
the scope of this rulemaking. NMFS is
aware of concerns expressed by some
fishermen about increasing interactions
between LCS in Council-managed and
other HMS fisheries, including their
concerns about depredation of yellowfin
tuna, snapper-grouper, and other coastal
migratory pelagic species, gear damage,
economic loss, and possible effects on
the long-term sustainability and
conservation of other fish species. Given
revisions to the Magnuson-Stevens
Fishery Conservation and Management
Act National Standard 1 (NS1)
guidelines, NMFS is exploring options
related to the implementation of those
new guidelines as they relate to annual
catch limits (ACLs) for Atlantic sharks
in the HMS management unit. NMFS
announced the availability of a scoping
document for Amendment 14 to the
2006 Consolidated HMS FMP (84 FR
23014; May 21, 2019). In that scoping
document, NMFS has also begun the
process of re-examining how to
establish these ACLs, including an
examination of how to establish the
acceptable biological catch (ABC) and
account for uncertainty arising from the
stock assessment and the impacts to the
management measures.
Comment 7: NMFS received a
comment supporting the prohibition of
all commercial shark fishing.
Response: This comment is outside
the scope of this rulemaking because the
purpose of this rulemaking is to adjust
quotas for the 2020 shark seasons based
on over- and underharvests from the
previous years and set opening dates
and commercial retention limits for the
2020 shark season. Management of the
Atlantic shark fisheries is based on the
best available science to achieve
optimum yield while also rebuilding
overfished shark stocks and preventing
overfishing. The final rule does not
reanalyze the overall management
measures for sharks, which have been
analyzed in the 2006 Consolidated HMS
FMP and its amendments. NMFS is
considering further shark management
measures, including options related to
the implementation of relatively new
Magnuson-Stevens Act NS1 guidelines
as they relate to ACLs for Atlantic
sharks in the HMS management unit, in
Amendment 14 to the 2006
Consolidated HMS FMP.
Changes From the Proposed Rule
As noted above, after considering
public comment and updated landings
data, NMFS made three 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 aggregated LCS and
hammerhead shark management groups
in the Atlantic from 25 LCS other than
sandbar sharks per vessel per trip to 36
LCS other than sandbar sharks per
vessel per trip. NMFS is changing the
proposed percentage of quota harvested
at which to consider adjusting the
retention limit from approximately 20
percent to 35 percent if the quota is
landed too quickly. NMFS noted in the
proposed rule that retention limits and
the quota linkage threshold might
change in response to public comment.
These changes are within the
established range of retention limits
provided at § 635.24(a)(2) and consistent
with the limits established in recent
years at the start of the season. NMFS
expects that a retention limit of 36 LCS
other than sandbar sharks per vessel per
trip with a 35 percent of quota harvested
at which to consider adjusting the
retention limit will provide equitable
fishing opportunities throughout the
region, 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.
65693
Additionally, based on an
underharvest calculation error, NMFS
changed the final blacktip shark quota
in both Gulf of Mexico sub-regions. In
the proposed rule, NMFS calculated the
underharvest for blacktip sharks within
the Gulf of Mexico region as 141.8 mt
dw, which was 50 percent of the 2019
adjusted annual quota. However,
pursuant to § 635.27(b)(2)(ii), NMFS
may apply up to 50 percent of the base
annual quota (128.3 mt dw) to the 2020
quota. Any underharvest would be
divided between the two sub-regions,
based on the percentages that are
allocated to each sub-region, which are
set forth in § 635.27(b)(1)(ii)(C).
Accordingly, the western Gulf of Mexico
sub-regional baseline quota is being
increased by 115.7 mt dw (255,131 lb
dw), which is a reduction of 12.2 mt dw
from the proposed rule. Similarly, the
eastern Gulf of Mexico sub-regional
baseline quota is being increased by
12.6 mt dw (27,719 lb dw), which is a
reduction of 1.3 mt dw from the
proposed rule (Table 1). Thus, the 2020
adjusted annual quota in western subregional Gulf of Mexico blacktip shark
commercial quota is 347.2 mt dw
(765,392 lb dw), and the eastern subregional Gulf of Mexico blacktip shark
commercial quota is 37.7 mt dw (83,158
lb dw).
2020 Annual Quotas
This final rule adjusts the 2020
commercial quotas due to overharvests
and/or underharvests in 2019 and
previous fishing years, based on
landings data received by October 18,
2019. The 2020 annual quotas by
species and management group are
summarized in Table 1. At this time,
NMFS anticipates that landings in
dealer reports that are received by
NMFS after October 18, 2019, will be
accounted for by adjusting the 2021
quotas, as appropriate, although such
landings could also be accounted for in
the same year. 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.
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TABLE 1—2020 FINAL ADJUSTED QUOTAS FOR THE ATLANTIC SHARK MANAGEMENT GROUPS
Region or
sub-region
Management
group
Western Gulf of Mexico ....................................
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2019
annual
quota
Preliminary
2019
landings 1
Adjustments 2
2020
Base
annual
quota
2020
Final
annual
quota
(A)
(B)
(C)
(D)
(D+C)
250.8 mt
dw
(552,919
lb dw) 4
67.4 mt dw
(148,491
lb dw)
115.7 mt
dw
(255,131
lb dw)
231.5 mt
dw
(510,261
lb dw)
347.2 mt
dw
(765,392
lb dw)
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TABLE 1—2020 FINAL ADJUSTED QUOTAS FOR THE ATLANTIC SHARK MANAGEMENT GROUPS—Continued
Region or
sub-region
Management
group
Aggregated Large Coastal Sharks ...................
Hammerhead Sharks ........................................
Eastern Gulf of Mexico .....................................
Blacktip Sharks.3
Aggregated Large Coastal Sharks ...................
Hammerhead Sharks ........................................
Gulf of Mexico ...................................................
Non-Blacknose Small Coastal Sharks ..............
Smoothhound Sharks .......................................
Atlantic ...............................................................
Aggregated Large Coastal Sharks ...................
Hammerhead Sharks ........................................
Non-Blacknose Small Coastal Sharks ..............
Blacknose Sharks .............................................
(South of 34° N lat. only) ..................................
Smoothhound Sharks .......................................
No regional quotas ............................................
Non-Sandbar LCS Research ............................
Sandbar Shark Research .................................
Blue Sharks.
Porbeagle Sharks .............................................
Pelagic Sharks Other Than Porbeagle or Blue
2019
annual
quota
Preliminary
2019
landings 1
Adjustments 2
2020
Base
annual
quota
2020
Final
annual
quota
(A)
(B)
(C)
(D)
(D+C)
22.0 mt dw
(48,501
lb dw) 4
3.9 mt dw
(8,598 lb
dw) 4
32.7 mt dw
(72,091
lb dw) 4
135.5 mt
dw
(298,726
lb dw)4
21.4 mt dw
(47,178
lb dw)4
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)
13.7 mt dw
(30,282
lb dw)
<1.0 mt dw
(<2,200
lb dw)
7.5 mt dw
(16,461
lb dw)
66.0 mt dw
(145,543
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)
72.0 mt dw
(158,724
lb dw)
11.9 mt dw
(26,301
lb dw)
37.7 mt 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)
336.4 mt
dw
(741,627 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)
1,201.7 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)
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
(3,971,587
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)
12.6 mt dw
(27,719
lb dw)
10.6 mt dw
(23,283
lb dw)
48.9 mt dw
(107,884 lb
dw)
<5.0 mt dw
(<11,000 lb
dw)
168.2 mt
dw
(370,814 lb
dw)
45.2 mt dw
(99,737 lb
dw)
10.3 mt dw
(22,655 lb
dw)
88.1 mt dw
(194,249 lb
dw)
8.0 mt dw
(17,637 lb
dw)
329.9 mt
dw
(727,268
lb dw)
13.9 mt dw
(30,596 lb
dw)
55.7 mt dw
(122,715 lb
dw)
0 mt dw
(0 lb dw)
<0.5 mt
(<1,000
dw)
31.7 mt
(69,836
dw)
600.9 mt
dw
(1,324,634
lb dw)
dw
lb
dw
lb
1 Landings
are from January 1, 2019, through October 18, 2019, 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 base annual quota.
3 This adjustment accounts for underharvest in 2019. As explained above, NMFS is adjusting the increase of the overall Gulf of Mexico blacktip shark quota by
128.3 mt dw (282,850 lb dw). Since any underharvest would be divided based on the sub-regional quota percentage split, the western Gulf of Mexico blacktip shark
quota would be increased by 115.7 mt dw, or 90.2 percent of the underharvest, while the eastern Gulf of Mexico blacktip shark quota would be increased by 12.6 mt
dw, or 9.8 percent of the underharvest.
4 NMFS transferred 5 mt dw of the blacktip shark quota, 50 mt dw of the aggregated LCS quota, and 8 mt dw of the hammerhead shark quota from the western
Gulf of Mexico sub-region to the eastern Gulf of Mexico sub-region on September 12, 2019 (84 FR 48791; September 17, 2019).
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2 Underharvest
2020 Atlantic Commercial Shark
Fishing Year
NMFS considered the seven ‘‘opening
commercial fishing season’’ criteria
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15:44 Nov 27, 2019
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listed in § 635.27(b)(3), as described in
the proposed rule (84 FR 49236;
September 19, 2019). These criteria
include, among other things: The
available annual quotas based on any
PO 00000
Frm 00068
Fmt 4700
Sfmt 4700
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
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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. Application of the criteria
discussed in the proposed rule is not
repeated here.
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 with a limit of
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 with a limit of
36 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
quickly to allow fishermen throughout
the entire region the opportunity to fish
(e.g., if approximately 35 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 may consider raising the
commercial retention limit later in the
year. Any future increase or decrease in
a retention limit would depend 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,
2020, 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
65695
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 subregional 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
Eastern Gulf of Mexico.
Western Gulf of Mexico.
Gulf of Mexico ............
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Atlantic .......................
VerDate Sep<11>2014
Commercial retention limits for directed shark limited access permit
holders
(inseason adjustments are available)
Management group
Quota linkages
Opening
dates
Blacktip Sharks ..........
Not Linked
Aggregated Large
Coastal Sharks.
Hammerhead Sharks
Blacktip Sharks ..........
Linked ......
January 1,
2020.
..................
Aggregated Large
Coastal Sharks.
Hammerhead Sharks
Non-Blacknose Small
Coastal Sharks.
Smoothhound Sharks
Linked ......
Aggregated Large
Coastal Sharks.
Hammerhead Sharks
Linked ......
Non-Blacknose Small
Coastal Sharks.
Linked ......
(South of ..
34° N lat.
only).
15:44 Nov 27, 2019
Jkt 250001
..................
Not Linked
..................
Not Linked
Not Linked
..................
PO 00000
Frm 00069
..................
January 1,
2020.
..................
..................
January 1,
2020.
January 1,
2020.
January 1,
2020.
..................
January 1,
2020.
Fmt 4700
45 LCS other than sandbar sharks per vessel per trip.
45 LCS other than sandbar sharks per vessel per trip.
N/A.
N/A.
36 LCS other than sandbar sharks per vessel per trip.
If quota is landed quickly (e.g., if approximately 35 percent of the
quota is caught at the beginning of the year), NMFS anticipates
considering an inseason reduction, and later considering an
inseason increase.
N/A.
Sfmt 4700
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TABLE 2—QUOTA LINKAGES, OPENING DATES, AND COMMERCIAL RETENTION LIMIT BY REGIONAL OR SUB-REGIONAL
SHARK MANAGEMENT GROUP—Continued
Region or
sub-region
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No regional quotas ....
Management group
Quota linkages
Opening
dates
Commercial retention limits for directed shark limited access permit
holders
(inseason adjustments are available)
Blacknose Sharks
(South of 34° N lat.
only).
Smoothhound Sharks
..................
..................
8 blacknose sharks per vessel per trip (applies to directed and incidental permit holders).
Not Linked
January 1,
2020.
January 1,
2020.
..................
N/A.
January 1,
2020.
..................
..................
N/A.
Non-Sandbar LCS Research.
Sandbar Shark Research.
Blue Sharks ...............
Linked ......
Porbeagle Sharks ......
Pelagic Sharks Other
Than Porbeagle or
Blue.
..................
..................
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 laws.
Pursuant to 5 U.S.C. 553(d)(3), the
NMFS Assistant Administrator has
determined that there is good cause to
waive the 30-day delay in effective date
for the adjusted quotas and opening
dates for the pelagic shark, shark
research, blacknose shark, nonblacknose small coastal shark, and nonsandbar large coastal shark fisheries in
the Atlantic and Gulf of Mexico regions,
because such a delay is contrary to the
public interest.
A delay in effectiveness of this rule
would cause negative economic impacts
on fishermen and diminish the
opportunity for the collection of
scientific data, which is critical to
properly managing the fisheries because
needed information would not be
available for stock assessments,
resulting in negative ecological impacts
on the fishery resource.
A delay in the effectiveness of the
quotas in this rule would result in the
closure of the pelagic shark fishery until
30 days after the publication date of this
rule. Most pelagic shark species are
captured incidentally in swordfish and
tuna pelagic longline fisheries that will
be open in early January. If the quotas
in this rule are not made effective as
close to January 1, 2020, as possible,
fishermen will have to discard, dead or
alive, any pelagic sharks that are caught,
while quota is technically available to
be used for their retention.
Regarding the shark research fishery,
NMFS selects a small number of
fishermen to participate in the shark
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15:44 Nov 27, 2019
Jkt 250001
..................
Not Linked
N/A.
research fishery each year for the
purpose of providing NMFS with
biological and catch data to better
manage the Atlantic shark fisheries. All
the trips and catches in this fishery are
monitored with 100 percent observer
coverage. Delaying the opening of the
shark research fishery would prevent
NMFS from maintaining the monthly
time-series of wintertime abundance for
shark species or collecting vital
biological and regional data during this
time of year. Not conducting the
necessary research trips could limit
NMFS’ ability to properly manage the
shark fisheries because needed
information would not be available for
stock assessments, which would be
contrary to the public interest.
Regarding the blacknose shark, nonblacknose small coastal shark, and
smoothhound shark fisheries, these
fisheries have both a directed
component, where fishermen target
these shark species, and an incidental
component, where the fish are caught
and, when the fishery is open, landed
by fishermen targeting other species
such as Spanish mackerel and bluefish.
The incidental fishery catches small
coastal and smoothhound sharks
throughout the year. Delaying this
action for 30 days would force all
fishermen to discard, dead or alive, any
small coastal and smoothhound sharks
that are caught before this rule becomes
effective. Opening the fishery as close to
January 1, 2020, as possible ensures that
any mortality associated with landings
is counted against the commercial quota
in real-time. Additionally, a month-long
delay in opening the small coastal shark
and smoothhound shark fisheries would
occur during the time period when
fishermen typically target these shark
species. Therefore, fishermen would
PO 00000
Frm 00070
Fmt 4700
Sfmt 4700
experience negative economic impacts
that would continue until the small
coastal and smoothhound shark
fisheries were opened. Thus, delaying
the opening of the small coastal and
smoothhound shark fisheries would
undermine the intent of the rule and is
contrary to the public interest.
Regarding the non-sandbar large
coastal shark fishery in the Atlantic and
Gulf of Mexico region, NMFS received
public comments in support of a
January 1 opening date. This would
allow south Atlantic fishermen to have
a winter fishery and to potentially get a
better price per pound, given the
geographic distribution of the sharks at
this time of year. However, delaying the
opening of the non-sandbar large coastal
shark fishery in the Atlantic and Gulf of
Mexico region for an additional 30 days
would have negative economic impacts
on fishermen because they would not be
able to fish for that period. Additionally,
many of the primary species targeted in
the non-sandbar large coastal shark
fisheries are locally available in the
southern portion of the Atlantic region
in January and a 30-day delay would
cause fishermen to miss out entirely on
fishing opportunities, and the associated
revenue. Therefore, delaying this action
for 30 days is contrary to the public
interest.
For the reasons described above, the
Assistant Administrator finds good
cause to waive the 30-day delay in
effectiveness of the quotas and opening
dates for the pelagic shark, shark
research, blacknose shark, nonblacknose small coastal shark,
smoothhound shark, and non-sandbar
large coastal shark fisheries in the
Atlantic and Gulf of Mexico regions.
This final rule is exempt from review
under Executive Order 12866.
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Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Rules and 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
rule is, consistent with the MagnusonStevens Act and the 2006 Consolidated
HMS FMP and its amendments, to
establish the 2020 Atlantic commercial
shark adjusted fishing quotas, retention
limits, and fishing seasons. Without this
rule, the Atlantic commercial shark
fisheries would close on December 31,
2019, and would not reopen until
appropriate 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 northern Atlantic
areas, there could also be positive
effects for other fishermen in the south
Atlantic 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
completed as part of the proposed rule
for the 2020 Atlantic Commercial Shark
Season Specifications. NMFS did not
receive any comments specific to the
IRFA.
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
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15:44 Nov 27, 2019
Jkt 250001
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; 50 CFR 200.2). 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.
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 2019, the final rule
would apply to the approximately 219
directed commercial shark permit
holders, 263 incidental commercial
shark permit holders, 162 smoothhound
shark permit holders, and 103
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 482
directed and incidental commercial
shark permit holders, only 12 permit
holders landed sharks in the Gulf of
Mexico region and only 70 landed
sharks in the Atlantic region. Of the 162
smoothhound shark permit holders,
only 63 permit holders landed
smoothhound sharks in the Atlantic
region and none 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.
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Frm 00071
Fmt 4700
Sfmt 4700
65697
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 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
new management measures to be
implemented, but rather implements
previously adopted and analyzed
measures as adjustments within a range
of previously-authorized activities, 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 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
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Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Rules and Regulations
season, or when the quota-linked
management group is closed. The
fisheries do not open until NMFS takes
action, such as this rulemaking, to reopen 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 2018 ex-vessel meat and
fin prices (Table 3), fully harvesting the
unadjusted 2020 Atlantic shark
commercial base quotas could result in
total fleet revenues of $8,775,599. For
the Gulf of Mexico blacktip shark
management group, NMFS will increase
the baseline sub-regional quotas due to
the underharvests in 2019. The increase
for the western Gulf of Mexico blacktip
shark management group could result in
a $210,580 gain in total revenues for
fishermen in that sub-region, while the
increase for the eastern Gulf of Mexico
blacktip shark management group could
result in a $37,570 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 2019.
This would cause a potential gain in
revenue of $262,788 for the fleet in the
Gulf of Mexico region and a potential
gain in revenue of $1,057,482 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, 2018
Species
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 ....................................................
Eastern Gulf of Mexico .................................................
Gulf of Mexico ..............................................................
Atlantic ..........................................................................
No Region .....................................................................
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Average
ex-vessel
meat price
Region
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 2019 fishing year
and previous years’ over- and/or
underharvests were examined for the
different species/complexes to
determine the effects of the 2020 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
VerDate Sep<11>2014
15:44 Nov 27, 2019
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arriving at the final opening dates for
the 2020 Atlantic shark management
groups. For the 2020 fishing year, NMFS
is opening the shark management
groups on January 1, 2020. 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, Gulf
of Mexico and Atlantic smoothhound
shark, 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
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$0.53
0.67
0.51
1.06
0.59
0.40
0.54
0.65
0.98
0.42
0.99
1.21
0.74
0.81
0.61
0.45
1.18
1.46
Average
ex-vessel
fin price
$10.94
11.61
11.12
9.54
11.93
13.20
7.00
........................
11.06
6.66
7.67
........................
1.62
11.61
11.00
3.01
3.01
3.01
fishermen and dealers in the southern
portion of the Atlantic region will be
able to fish for and sell aggregated LCS
and hammerhead sharks starting in
January. The opening date finalized in
this rule for the Atlantic region has been
the same or similar to those since 2016,
however, the retention limit would be
different from this past year and similar
to the one since 2016.
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
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Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Rules and Regulations
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 2020 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 2020. This listserv
also serves as the small entity
compliance guide. Copies of the
compliance guide are available from
NMFS (see ADDRESSES).
VerDate Sep<11>2014
15:44 Nov 27, 2019
Jkt 250001
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.
1801 et seq.
Dated: November 25, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019–25916 Filed 11–27–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 191120–0085]
RIN 0648–BI93
Fisheries of the Northeastern United
States; Summer Flounder, Scup, and
Black Sea Bass Fisheries; Framework
Adjustment 14
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS is implementing
changes to aspects of the commercial
and recreational summer flounder, scup,
and black sea bass management
program, as recommended by the MidAtlantic Fishery Management Council.
This action incorporates new
management measures for the
commercial and recreational fisheries
for these species. The intent of this
action is to allow for more management
flexibility.
DATES: Effective December 30, 2019.
ADDRESSES: Copies of this framework
adjustment, including the
Environmental Assessment (EA) are
available on request from Dr.
Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery
Management Council, Suite 201, 800
North State Street, Dover, DE 19901.
These documents are also accessible via
the internet at https://www.mafmc.org/s/
SFSBSB_Framework14_EA.pdf.
FOR FURTHER INFORMATION CONTACT:
Emily Gilbert, Fishery Policy Analyst,
(978) 281–9244.
SUPPLEMENTARY INFORMATION:
SUMMARY:
General Background
The summer flounder, scup, and
black sea bass fisheries are managed
cooperatively under the provisions of
the Summer Flounder, Scup, and Black
Sea Bass Fishery Management Plan
(FMP) developed by the Mid-Atlantic
Fishery Management Council and the
PO 00000
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Fmt 4700
Sfmt 4700
65699
Atlantic States Marine Fisheries
Commission, in consultation with the
New England and South Atlantic
Fishery Management Councils. The
management units specified in the FMP
include summer flounder (Paralichthys
dentatus) in U.S. waters of the Atlantic
Ocean from the southern border of
North Carolina northward to the U.S./
Canada border, and scup (Stenotomus
chrysops) and black sea bass
(Centropristis striata) in U.S. waters of
the Atlantic Ocean from 35° 13.3′ N. lat.
(the approximate latitude of Cape
Hatteras, North Carolina). States manage
these three species within 3 nautical
miles (4.83 km) of their coasts, under
the Commission’s management plan for
summer flounder, scup, and black sea
bass. The applicable species-specific
Federal regulations govern vessels and
individual fishermen commercially and
recreationally fishing in Federal waters
of the exclusive economic zone, as well
as vessels possessing a summer
flounder, scup, or black sea bass Federal
charter/party vessel permit, regardless
of where they fish. This rule
implements management measures
intended to provide more flexibility in
the commercial and recreational
fisheries for these species and includes
the following changes to the FMP:
• Include conservation equivalency
as an annual management option for the
black sea bass recreational fishery;
• Create a Federal waters transit zone
for non-federally permitted vessels
fishing in state waters around Block
Island Sound; and
• Incorporate a maximum
recreational size limit in the list of
potential specification measures for
summer flounder and black sea bass to
enable consideration of slot limits as a
management tool.
These measures, which are further
explained below, are consistent with the
recommendations of the Council and
the Commission’s Summer Flounder,
Scup, and Black Sea Bass Management
Board for this action.
Final Management Measures
Black Sea Bass Conservation
Equivalency
Framework Adjustment 14 to the
Summer Flounder, Scup, and Black Sea
Bass FMP establishes a process for
conservation equivalency for future use
in the recreational black sea bass fishery
based on the process used for summer
flounder. Under conservation
equivalency, the Council and Board will
decide each year whether to use Federal
coastwide measures or state-by-state or
regional conservation equivalency to
manage the recreational black sea bass
E:\FR\FM\29NOR1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Rules and Regulations]
[Pages 65690-65699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25916]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 191125-0090]
RTID 0648-XT004
Atlantic Highly Migratory Species; 2020 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 2020 opening date for all
Atlantic shark fisheries, including the fisheries in the Gulf of Mexico
and Caribbean. This
[[Page 65691]]
final rule also establishes the quotas for the 2020 fishing year based
on harvest levels during 2019 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, 2020. The 2020 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: Gu[yacute] DuBeck 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, measures related to commercial shark retention limits,
commercial quotas for species and management groups, and accounting for
under- and overharvests for the shark fisheries. The FMP also includes
adaptive management measures, such as flexibility in establishing
opening dates for the fishing season and the ability to make 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 19, 2019, NMFS published a proposed rule (84 FR
49236), on management measures for the commercial shark fisheries for
the 2020 fishing year. The rule proposed opening all Atlantic
commercial shark management groups on January 1, 2020, setting initial
retention limits for large coastal shark (LCS) retention by directed
shark limited access permit holders, and adjusting quotas for the 2020
fishing year based on harvest levels during 2019. The proposed rule
contains details about the action that are not repeated here. The
comment period on the proposed rule closed on October 10, 2019. NMFS
received 18 written and oral comments regarding the proposed opening
dates, retention limits, and potential inseason retention limit
adjustments as 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
finalizing the rule as proposed, with three changes, discussed below.
NMFS is opening the fishing year for all shark management groups on
January 1, 2020, as proposed. In setting the opening date, NMFS
considered the ``opening commercial fishing season'' criteria at Sec.
635.27(b)(3). These criteria include 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. The rule
also establishes a 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 of 45 LCS other
than sandbar sharks per vessel per trip, as proposed. NMFS changed the
initial retention limit for directed shark limited access permit
holders in the aggregated LCS and hammerhead management groups for the
Atlantic region from the proposed level of 25 LCS other than sandbar
sharks per vessel per trip to 36 LCS other than sandbar sharks per
vessel per trip. 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 no
more than 16 small coastal sharks (SCS) and pelagic sharks, combined,
per vessel 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[deg]00' N lat. has not
changed from the proposed rule and remains at eight blacknose sharks
per trip consistent with Sec. 635.24(a)(4). Blacknose sharks may not
be harvested in the Gulf of Mexico region. This rulemaking does not
consider changes to the retention limits outside of what is allowed
currently by the regulations.
This final rule also adjusts the annual commercial quotas for 2020
based on over- and/or underharvests, calculated after accounting for
landings reported by October 18, 2019, consistent with existing
regulations. Based on updated landings information as of October 18,
2019, only the adjusted blacktip quota in the Gulf of Mexico region has
changed since the proposed rule. All other quotas remain the same as
proposed. While this action adjusts certain quotas as allowable, it
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 baseline quotas were established under
previous actions, and any changes to those baseline quotas would be
performed through a separate action.
Response to Comments
NMFS received 18 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-XT004. All of the comments received are summarized below.
Comment 1: NMFS received comments in support of the proposed
opening date of January 1 for the LCS fisheries in the Gulf of Mexico
and Atlantic regions.
Response: NMFS will open the LCS fisheries in the Gulf of Mexico
and Atlantic regions on January 1, as proposed. NMFS will also open all
other shark management groups on January 1, as proposed.
Comment 2: NMFS received several comments regarding the proposed
commercial retention limit for the aggregated LCS, hammerhead, and
blacktip shark management groups in the eastern and western Gulf of
Mexico sub-regions. Some commenters were opposed to the proposed
retention limit of 45 LCS other than sandbar sharks per vessel per
trip, and noted that NMFS should increase the retention limit to 55 LCS
other than sandbar sharks per vessel per trip. Commercial fishermen
from the western Gulf of Mexico sub-region preferred the higher
retention limit (55 sharks per vessel per trip) to provide equitable
fishing opportunities for both Federal and state-water fishermen, while
some commercial
[[Page 65692]]
fishermen from the eastern Gulf of Mexico sub-region also preferred the
higher retention limit to more fully utilize quotas, which were
underutilized this year. NMFS also received comments from commercial
fishermen in the eastern Gulf of Mexico sub-region that they preferred
a retention limit of 45 LCS per vessel per trip to ensure a year-round
fishery.
Response: After considering public comment, and bearing in mind
NMFS's ability to further adjust retention limits inseason, NMFS has
determined that starting the season at the default retention limit of
45 LCS other than sandbar sharks per vessel per trip, as proposed, is
appropriate and will ensure equitable fishing opportunities in both
Gulf of Mexico sub-regions, to the extent practicable. This season, the
participation in the Gulf of Mexico LCS fishery was lower than in past
years, and the shark management group quotas in both sub-regions remain
open to date. In the western Gulf of Mexico sub-region, landings were
particularly low this year, which commenters said was due to issues
related to selling and transporting shark products across state lines.
This reduction in overall landings has resulted in the blacktip,
aggregated LCS, and hammerhead shark management groups in the western
Gulf of Mexico sub-region remaining open to date, relatively late in
the year, which has not occurred in past seasons, and a portion of each
quota being transferred to the eastern Gulf of Mexico sub-region (84 FR
48791; September 17, 2019). In the eastern Gulf of Mexico sub-region,
fishermen continue to harvest blacktip, aggregated LCS, and hammerhead
shark management group quotas. In addition, NMFS understands that the
State of Mississippi is considering starting a commercial shark fishery
in state waters in 2020. Although NMFS does know at this time how many
vessels might participate in this fishery, how many permits could be
issued, or what the State regulations will be, associated landings
would count against the western Gulf of Mexico sub-regional quotas,
creating some additional uncertainty regarding the fishery for 2020.
Thus, due to public comment regarding the year-round fishery and the
uncertainty about the number of participants in the 2020 fishing
season, NMFS has decided to keep the retention limit at the proposed 45
LCS other than sandbar sharks per vessel per trip for the start of the
season. If 2020 landing rates are similar to landings rates in 2019,
NMFS could consider adjusting the retention limit inseason to maximize
quotas.
Comment 3: NMFS received several comments regarding the proposed
commercial retention limits and the proposed change to the quota
harvest level at which NMFS may consider adjusting the retention limit
for the aggregated LCS and hammerhead shark management groups in the
Atlantic region. NMFS received comments opposing the proposed retention
limit of 25 LCS other than sandbar sharks at the beginning of the year.
Instead, commenters stated they would prefer a retention limit of 36
LCS trip limit at the beginning of the year to more fully utilize the
available quota. NMFS received comments in support of and opposition to
the proposed level of 20 percent of quota harvested at which NMFS may
consider adjusting the retention limit. Commenters suggested a variety
of percentages that ranged from 20 to 40 percent, and expressed concern
that a lower percentage and smaller hammerhead shark quota could limit
harvest and increase the likelihood of a closure. If the fishery were
to close early, then the overall quota would not be reached, similar to
what has happened in recent years.
Response: NMFS will start the season with a commercial retention
limit of 36 LCS other than sandbar sharks per vessel per trip.
Additionally, NMFS recognizes that the 20 percent of quota harvested at
which NMFS may consider adjusting the retention limit used in recent
years along with other factors has resulted in the annual quotas in the
Atlantic region not being fully utilized in recent years. For example,
as of October 18, 2019, only 27 percent of the aggregated LCS and 38
percent of the hammerhead shark quotas have been landed. This means
that approximately 73 percent of the aggregated LCS quota remains
available and approximately 62 percent of the hammerhead shark quota
remains available through December 31, 2019. In order to allow
fishermen additional opportunities to fully harvest the aggregated LCS
and hammerhead management group quotas, NMFS is implementing a higher
retention limit (36 LCS other than sandbar sharks per vessel per trip)
at the start of the season and a higher percentage of quota harvested
at which NMFS may consider adjusting the retention limit (35 percent).
If the quota is landed quickly (e.g., if approximately 35 percent of
the quota is caught at the beginning of the year), NMFS anticipates
that it would apply the appropriate regulatory criteria to consider an
inseason reduction of the retention limit (e.g., to three or fewer LCS
other than sandbar sharks per vessel per trip), then consider an
increase in the retention limit later in the year, which is a similar
process to what has been done in past seasons.
Comment 4: NMFS received comments regarding increasing the
retention limit beyond the current threshold of 55 LCS other than
sandbar sharks per vessel per trip or converting the retention limit
back to pounds per trip. One commenter preferred a retention limit of
100 LCS other than sandbar sharks per vessel per trip, since the quotas
are not harvested and shark populations have increased. Another
commenter preferred the retention limit be 4,000 pound (lb) dressed
weight (dw) per trip, which was the trip limit prior to 2008, to make
trips more profitable and reduce discards. Additionally, some
commenters would prefer separate retention limits for the Gulf of
Mexico blacktip shark management group and hammerhead shark management
groups in the Atlantic and Gulf of Mexico, since each management group
has separate quotas. Other commenters requested a retention limit for
sandbar sharks outside of the shark research fishery due to increased
interactions during non-shark research fishery trips in recent years.
Response: These comments are outside the scope of this rulemaking
because the purpose of this rulemaking is to set opening dates and
commercial retention limits for the 2020 shark season and to adjust
quotas for the 2020 shark seasons based on over- and underharvests from
the previous years. Pursuant to Sec. 635.24(a)(2), the commercial
retention limit for LCS other than sandbar sharks may range between
zero and 55 LCS other than sandbar sharks per vessel per trip. Thus,
the maximum commercial retention limit is 55 LCS other than sandbar
sharks per vessel per trip and a higher limit is not considered in this
rulemaking, not was changing the approach to retention limits from
numbers of individuals to weight. NMFS may reexamine the upper and
lower bounds of the current commercial shark retention limits in a
future rulemaking.
Comment 5: NMFS received comments that all quota linkages in the
LCS fishery should be removed since such linkages have contributed to
the underutilization of quotas.
Response: This comment is outside the scope of this rulemaking
because the purpose of this rulemaking is to set opening dates and
commercial retention limits for the 2020 shark season and to adjust
quotas for the 2020 shark seasons based on over- and underharvests from
the previous years. The current LCS quota linkages were implemented in
the
[[Page 65693]]
final rules for Amendment 5a and Amendment 6 to the 2006 Consolidated
HMS FMP as part of rebuilding plans for shark species that are
overfished in order to reduce mortality of overfished stocks during
commercial fishing for other shark species. The issue of removing quota
linkages is not being re-considered or re-addressed in this rulemaking.
Comment 6: NMFS received a comment regarding a concern about the
increase in shark populations impacting other fisheries and stocks.
Response: This comment is outside the scope of this rulemaking.
NMFS is aware of concerns expressed by some fishermen about increasing
interactions between LCS in Council-managed and other HMS fisheries,
including their concerns about depredation of yellowfin tuna, snapper-
grouper, and other coastal migratory pelagic species, gear damage,
economic loss, and possible effects on the long-term sustainability and
conservation of other fish species. Given revisions to the Magnuson-
Stevens Fishery Conservation and Management Act National Standard 1
(NS1) guidelines, NMFS is exploring options related to the
implementation of those new guidelines as they relate to annual catch
limits (ACLs) for Atlantic sharks in the HMS management unit. NMFS
announced the availability of a scoping document for Amendment 14 to
the 2006 Consolidated HMS FMP (84 FR 23014; May 21, 2019). In that
scoping document, NMFS has also begun the process of re-examining how
to establish these ACLs, including an examination of how to establish
the acceptable biological catch (ABC) and account for uncertainty
arising from the stock assessment and the impacts to the management
measures.
Comment 7: NMFS received a comment supporting the prohibition of
all commercial shark fishing.
Response: This comment is outside the scope of this rulemaking
because the purpose of this rulemaking is to adjust quotas for the 2020
shark seasons based on over- and underharvests from the previous years
and set opening dates and commercial retention limits for the 2020
shark season. Management of the Atlantic shark fisheries is based on
the best available science to achieve optimum yield while also
rebuilding overfished shark stocks and preventing overfishing. The
final rule does not reanalyze the overall management measures for
sharks, which have been analyzed in the 2006 Consolidated HMS FMP and
its amendments. NMFS is considering further shark management measures,
including options related to the implementation of relatively new
Magnuson-Stevens Act NS1 guidelines as they relate to ACLs for Atlantic
sharks in the HMS management unit, in Amendment 14 to the 2006
Consolidated HMS FMP.
Changes From the Proposed Rule
As noted above, after considering public comment and updated
landings data, NMFS made three 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 aggregated LCS and hammerhead shark management
groups in the Atlantic from 25 LCS other than sandbar sharks per vessel
per trip to 36 LCS other than sandbar sharks per vessel per trip. NMFS
is changing the proposed percentage of quota harvested at which to
consider adjusting the retention limit from approximately 20 percent to
35 percent if the quota is landed too quickly. NMFS noted in the
proposed rule that retention limits and the quota linkage threshold
might change in response to public comment. These changes are within
the established range of retention limits provided at Sec.
635.24(a)(2) and consistent with the limits established in recent years
at the start of the season. NMFS expects that a retention limit of 36
LCS other than sandbar sharks per vessel per trip with a 35 percent of
quota harvested at which to consider adjusting the retention limit will
provide equitable fishing opportunities throughout the region, 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 an underharvest calculation error, NMFS
changed the final blacktip shark quota in both Gulf of Mexico sub-
regions. In the proposed rule, NMFS calculated the underharvest for
blacktip sharks within the Gulf of Mexico region as 141.8 mt dw, which
was 50 percent of the 2019 adjusted annual quota. However, pursuant to
Sec. 635.27(b)(2)(ii), NMFS may apply up to 50 percent of the base
annual quota (128.3 mt dw) to the 2020 quota. Any underharvest would be
divided between the two sub-regions, based on the percentages that are
allocated to each sub-region, which are set forth in Sec.
635.27(b)(1)(ii)(C). Accordingly, the western Gulf of Mexico sub-
regional baseline quota is being increased by 115.7 mt dw (255,131 lb
dw), which is a reduction of 12.2 mt dw from the proposed rule.
Similarly, the eastern Gulf of Mexico sub-regional baseline quota is
being increased by 12.6 mt dw (27,719 lb dw), which is a reduction of
1.3 mt dw from the proposed rule (Table 1). Thus, the 2020 adjusted
annual quota in western sub-regional Gulf of Mexico blacktip shark
commercial quota is 347.2 mt dw (765,392 lb dw), and the eastern sub-
regional Gulf of Mexico blacktip shark commercial quota is 37.7 mt dw
(83,158 lb dw).
2020 Annual Quotas
This final rule adjusts the 2020 commercial quotas due to
overharvests and/or underharvests in 2019 and previous fishing years,
based on landings data received by October 18, 2019. The 2020 annual
quotas by species and management group are summarized in Table 1. At
this time, NMFS anticipates that landings in dealer reports that are
received by NMFS after October 18, 2019, will be accounted for by
adjusting the 2021 quotas, as appropriate, although such landings could
also be accounted for in the same year. 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--2020 Final Adjusted Quotas for the Atlantic Shark Management Groups
--------------------------------------------------------------------------------------------------------------------------------------------------------
2019 annual Preliminary 2019 2020 Base annual 2020 Final annual
Region or sub-region Management group quota landings \1\ Adjustments \2\ quota quota
(A) (B) (C) (D) (D+C)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Western Gulf of Mexico............ Blacktip Sharks. \3\ 250.8 mt dw 67.4 mt dw 115.7 mt dw 231.5 mt dw 347.2 mt dw
(552,919 lb dw) (148,491 lb dw) (255,131 lb dw) (510,261 lb dw) (765,392 lb dw)
\4\
[[Page 65694]]
Aggregated Large 22.0 mt dw 13.7 mt dw ................. 72.0 mt dw 72.0 mt dw
Coastal Sharks. (48,501 lb dw) (30,282 lb dw) (158,724 lb dw) (158,724 lb dw)
\4\
Hammerhead Sharks.... 3.9 mt dw (8,598 <1.0 mt dw ................. 11.9 mt dw 11.9 mt dw
lb dw) \4\ (<2,200 lb dw) (26,301 lb dw) (26,301 lb dw)
Eastern Gulf of Mexico............ Blacktip Sharks.\3\ 32.7 mt dw 7.5 mt dw (16,461 12.6 mt dw 25.1 mt dw 37.7 mt dw
(72,091 lb dw) lb dw) (27,719 lb dw) (55,439 lb dw) (83,158 lb dw)
\4\
Aggregated Large 135.5 mt dw 66.0 mt dw ................. 85.5 mt dw 85.5 mt dw
Coastal Sharks. (298,726 lb (145,543 lb dw) (188,593 lb dw) (188,593 lb dw)
dw)\4\
Hammerhead Sharks.... 21.4 mt dw 10.6 mt dw ................. 13.4 mt dw 13.4 mt dw
(47,178 lb (23,283 lb dw) (29,421 lb dw) (29,421 lb dw)
dw)\4\
Gulf of Mexico.................... Non-Blacknose Small 112.6 mt dw 48.9 mt dw ................. 112.6 mt dw 112.6 mt dw
Coastal Sharks. (248,215 lb dw) (107,884 lb dw) (248,215 lb dw) (248,215 lb dw)
Smoothhound Sharks... 504.6 mt dw <5.0 mt dw 168.2 mt dw 336.4 mt dw 504.6 mt dw
(1,112,441 lb dw) (<11,000 lb dw) (370,814 lb dw) (741,627 lb dw) (1,112,441 lb dw)
Atlantic.......................... Aggregated Large 168.9 mt dw 45.2 mt dw ................. 168.9 mt dw 168.9 mt dw
Coastal Sharks. (372,552 lb dw) (99,737 lb dw) (372,552 lb dw) (372,552 lb dw)
Hammerhead Sharks.... 27.1 mt dw 10.3 mt dw ................. 27.1 mt dw 27.1 mt dw
(59,736 lb dw) (22,655 lb dw) (59,736 lb dw) (59,736 lb dw)
Non-Blacknose Small 264.1 mt dw 88.1 mt dw ................. 264.1 mt dw 264.1 mt dw
Coastal Sharks. (582,333 lb dw) (194,249 lb dw) (582,333 lb dw) (582,333 lb dw)
Blacknose Sharks..... 17.2 mt dw 8.0 mt dw ................. 17.2 mt dw 17.2 mt dw
(South of 34[deg] N (37,921 lb dw) (17,637 lb dw) (37,921 lb dw) (37,921 lb dw)
lat. only).
Smoothhound Sharks... 1,802.6 mt dw 329.9 mt dw 600.9 mt dw 1,201.7 mt dw 1,802.6 mt dw
(3,973,902 lb dw) (727,268 lb dw) (1,324,634 lb dw) (2,649,268 lb dw) (3,971,587 lb dw)
No regional quotas................ Non-Sandbar LCS 50.0 mt dw 13.9 mt dw ................. 50.0 mt dw 50.0 mt dw
Research. (110,230 lb dw) (30,596 lb dw) (110,230 lb dw) (110,230 lb dw)
Sandbar Shark 90.7 mt dw 55.7 mt dw ................. 90.7 mt dw 90.7 mt dw
Research. (199,943 lb dw) (122,715 lb dw) (199,943 lb dw) (199,943 lb dw)
Blue Sharks. 273.0 mt dw 0 mt dw ................. 273.0 mt dw 273.0 mt dw
(601,856 lb dw) (0 lb dw) (601,856 lb dw) (601,856 lb dw)
Porbeagle Sharks..... 1.7 mt dw <0.5 mt dw ................. 1.7 mt dw 1.7 mt dw
(3,748 lb dw) (<1,000 lb dw) (3,748 lb dw) (3,748 lb dw)
Pelagic Sharks Other 488.0 mt dw 31.7 mt dw ................. 488.0 mt dw 488.0 mt dw
Than Porbeagle or (1,075,856 lb dw) (69,836 lb dw) (1,075,856 lb dw) (1,075,856 lb dw)
Blue.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Landings are from January 1, 2019, through October 18, 2019, 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 base annual quota.
\3\ This adjustment accounts for underharvest in 2019. As explained above, NMFS is adjusting the increase of the overall Gulf of Mexico blacktip shark
quota by 128.3 mt dw (282,850 lb dw). Since any underharvest would be divided based on the sub-regional quota percentage split, the western Gulf of
Mexico blacktip shark quota would be increased by 115.7 mt dw, or 90.2 percent of the underharvest, while the eastern Gulf of Mexico blacktip shark
quota would be increased by 12.6 mt dw, or 9.8 percent of the underharvest.
\4\ NMFS transferred 5 mt dw of the blacktip shark quota, 50 mt dw of the aggregated LCS quota, and 8 mt dw of the hammerhead shark quota from the
western Gulf of Mexico sub-region to the eastern Gulf of Mexico sub-region on September 12, 2019 (84 FR 48791; September 17, 2019).
2020 Atlantic Commercial Shark Fishing Year
NMFS considered the seven ``opening commercial fishing season''
criteria listed in Sec. 635.27(b)(3), as described in the proposed
rule (84 FR 49236; September 19, 2019). These criteria 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
[[Page 65695]]
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. Application of the criteria discussed
in the proposed rule is not repeated here.
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 with a limit of 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 with a limit
of 36 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 quickly to allow fishermen throughout the entire
region the opportunity to fish (e.g., if approximately 35 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 may consider
raising the commercial retention limit later in the year. Any future
increase or decrease in a retention limit would depend 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, 2020, 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 Quota linkages Opening dates access permit holders
group (inseason adjustments are
available)
----------------------------------------------------------------------------------------------------------------
Eastern Gulf of Mexico....... Blacktip Sharks Not Linked..... January 1, 2020 45 LCS other than sandbar
sharks per vessel per trip.
Aggregated Linked......... ............... ..............................
Large Coastal
Sharks.
Hammerhead ............... ............... ..............................
Sharks.
Western Gulf of Mexico....... Blacktip Sharks Not Linked..... January 1, 2020 45 LCS other than sandbar
sharks per vessel per trip.
Aggregated Linked......... ............... ..............................
Large Coastal
Sharks.
Hammerhead ............... ............... ..............................
Sharks.
Gulf of Mexico............... Non-Blacknose Not Linked..... January 1, 2020 N/A.
Small Coastal
Sharks.
Smoothhound Not Linked..... January 1, 2020 N/A.
Sharks.
Atlantic..................... Aggregated Linked......... January 1, 2020 36 LCS other than sandbar
Large Coastal sharks per vessel per trip.
Sharks.
Hammerhead ............... ............... If quota is landed quickly
Sharks. (e.g., if approximately 35
percent of the quota is
caught at the beginning of
the year), NMFS anticipates
considering an inseason
reduction, and later
considering an inseason
increase.
Non-Blacknose Linked......... January 1, 2020 N/A.
Small Coastal (South of......
Sharks. 34[deg] N lat.
only).
[[Page 65696]]
Blacknose ............... ............... 8 blacknose sharks per vessel
Sharks (South per trip (applies to directed
of 34[deg] N and incidental permit
lat. only). holders).
Smoothhound Not Linked..... January 1, 2020 N/A.
Sharks.
No regional quotas........... Non-Sandbar LCS Linked......... January 1, 2020 N/A.
Research.
Sandbar Shark ............... ............... ..............................
Research.
Blue Sharks.... Not Linked..... January 1, 2020 N/A.
Porbeagle ............... ............... ..............................
Sharks.
Pelagic Sharks ............... ............... ..............................
Other Than
Porbeagle or
Blue.
----------------------------------------------------------------------------------------------------------------
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
laws.
Pursuant to 5 U.S.C. 553(d)(3), the NMFS Assistant Administrator
has determined that there is good cause to waive the 30-day delay in
effective date for the adjusted quotas and opening dates for the
pelagic shark, shark research, blacknose shark, non-blacknose small
coastal shark, and non-sandbar large coastal shark fisheries in the
Atlantic and Gulf of Mexico regions, because such a delay is contrary
to the public interest.
A delay in effectiveness of this rule would cause negative economic
impacts on fishermen and diminish the opportunity for the collection of
scientific data, which is critical to properly managing the fisheries
because needed information would not be available for stock
assessments, resulting in negative ecological impacts on the fishery
resource.
A delay in the effectiveness of the quotas in this rule would
result in the closure of the pelagic shark fishery until 30 days after
the publication date of this rule. Most pelagic shark species are
captured incidentally in swordfish and tuna pelagic longline fisheries
that will be open in early January. If the quotas in this rule are not
made effective as close to January 1, 2020, as possible, fishermen will
have to discard, dead or alive, any pelagic sharks that are caught,
while quota is technically available to be used for their retention.
Regarding the shark research fishery, NMFS selects a small number
of fishermen to participate in the shark research fishery each year for
the purpose of providing NMFS with biological and catch data to better
manage the Atlantic shark fisheries. All the trips and catches in this
fishery are monitored with 100 percent observer coverage. Delaying the
opening of the shark research fishery would prevent NMFS from
maintaining the monthly time-series of wintertime abundance for shark
species or collecting vital biological and regional data during this
time of year. Not conducting the necessary research trips could limit
NMFS' ability to properly manage the shark fisheries because needed
information would not be available for stock assessments, which would
be contrary to the public interest.
Regarding the blacknose shark, non-blacknose small coastal shark,
and smoothhound shark fisheries, these fisheries have both a directed
component, where fishermen target these shark species, and an
incidental component, where the fish are caught and, when the fishery
is open, landed by fishermen targeting other species such as Spanish
mackerel and bluefish. The incidental fishery catches small coastal and
smoothhound sharks throughout the year. Delaying this action for 30
days would force all fishermen to discard, dead or alive, any small
coastal and smoothhound sharks that are caught before this rule becomes
effective. Opening the fishery as close to January 1, 2020, as possible
ensures that any mortality associated with landings is counted against
the commercial quota in real-time. Additionally, a month-long delay in
opening the small coastal shark and smoothhound shark fisheries would
occur during the time period when fishermen typically target these
shark species. Therefore, fishermen would experience negative economic
impacts that would continue until the small coastal and smoothhound
shark fisheries were opened. Thus, delaying the opening of the small
coastal and smoothhound shark fisheries would undermine the intent of
the rule and is contrary to the public interest.
Regarding the non-sandbar large coastal shark fishery in the
Atlantic and Gulf of Mexico region, NMFS received public comments in
support of a January 1 opening date. This would allow south Atlantic
fishermen to have a winter fishery and to potentially get a better
price per pound, given the geographic distribution of the sharks at
this time of year. However, delaying the opening of the non-sandbar
large coastal shark fishery in the Atlantic and Gulf of Mexico region
for an additional 30 days would have negative economic impacts on
fishermen because they would not be able to fish for that period.
Additionally, many of the primary species targeted in the non-sandbar
large coastal shark fisheries are locally available in the southern
portion of the Atlantic region in January and a 30-day delay would
cause fishermen to miss out entirely on fishing opportunities, and the
associated revenue. Therefore, delaying this action for 30 days is
contrary to the public interest.
For the reasons described above, the Assistant Administrator finds
good cause to waive the 30-day delay in effectiveness of the quotas and
opening dates for the pelagic shark, shark research, blacknose shark,
non-blacknose small coastal shark, smoothhound shark, and non-sandbar
large coastal shark fisheries in the Atlantic and Gulf of Mexico
regions.
This final rule is exempt from review under Executive Order 12866.
[[Page 65697]]
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 rule is, consistent with
the Magnuson-Stevens Act and the 2006 Consolidated HMS FMP and its
amendments, to establish the 2020 Atlantic commercial shark adjusted
fishing quotas, retention limits, and fishing seasons. Without this
rule, the Atlantic commercial shark fisheries would close on December
31, 2019, and would not reopen until appropriate 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 northern
Atlantic areas, there could also be positive effects for other
fishermen in the south Atlantic 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 completed as part of the proposed rule for
the 2020 Atlantic Commercial Shark Season Specifications. NMFS did not
receive any comments specific to the IRFA.
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; 50 CFR 200.2). 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. 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 2019, the final rule would apply to the approximately
219 directed commercial shark permit holders, 263 incidental commercial
shark permit holders, 162 smoothhound shark permit holders, and 103
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 482 directed and
incidental commercial shark permit holders, only 12 permit holders
landed sharks in the Gulf of Mexico region and only 70 landed sharks in
the Atlantic region. Of the 162 smoothhound shark permit holders, only
63 permit holders landed smoothhound sharks in the Atlantic region and
none 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 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 new management measures to be
implemented, but rather implements previously adopted and analyzed
measures as adjustments within a range of previously-authorized
activities, 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 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
[[Page 65698]]
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 2018 ex-vessel meat and fin prices (Table 3), fully
harvesting the unadjusted 2020 Atlantic shark commercial base quotas
could result in total fleet revenues of $8,775,599. For the Gulf of
Mexico blacktip shark management group, NMFS will increase the baseline
sub-regional quotas due to the underharvests in 2019. The increase for
the western Gulf of Mexico blacktip shark management group could result
in a $210,580 gain in total revenues for fishermen in that sub-region,
while the increase for the eastern Gulf of Mexico blacktip shark
management group could result in a $37,570 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 2019. This would cause a potential
gain in revenue of $262,788 for the fleet in the Gulf of Mexico region
and a potential gain in revenue of $1,057,482 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, 2018
----------------------------------------------------------------------------------------------------------------
Average ex- Average ex-
Region Species vessel meat vessel fin
price price
----------------------------------------------------------------------------------------------------------------
Western Gulf of Mexico........................ Blacktip Shark.................. $0.53 $10.94
Aggregated LCS.................. 0.67 11.61
Hammerhead Shark................ 0.51 11.12
Eastern Gulf of Mexico........................ Blacktip Shark.................. 1.06 9.54
Aggregated LCS.................. 0.59 11.93
Hammerhead Shark................ 0.40 13.20
Gulf of Mexico................................ Non-Blacknose SCS............... 0.54 7.00
Smoothhound Shark............... 0.65 ..............
Atlantic...................................... Aggregated LCS.................. 0.98 11.06
Hammerhead Shark................ 0.42 6.66
Non-Blacknose SCS............... 0.99 7.67
Blacknose Shark................. 1.21 ..............
Smoothhound Shark............... 0.74 1.62
No Region..................................... Shark Research Fishery 0.81 11.61
(Aggregated LCS).
Shark Research Fishery (Sandbar 0.61 11.00
only).
Blue shark...................... 0.45 3.01
Porbeagle shark................. 1.18 3.01
Other Pelagic sharks............ 1.46 3.01
----------------------------------------------------------------------------------------------------------------
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 2019 fishing year and
previous years' over- and/or underharvests were examined for the
different species/complexes to determine the effects of the 2020 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 2020 Atlantic shark
management groups. For the 2020 fishing year, NMFS is opening the shark
management groups on January 1, 2020. 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, Gulf of
Mexico and Atlantic smoothhound shark, 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 and hammerhead sharks starting in January. The
opening date finalized in this rule for the Atlantic region has been
the same or similar to those since 2016, however, the retention limit
would be different from this past year and similar to the one since
2016.
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
[[Page 65699]]
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 2020 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
2020. 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 25, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019-25916 Filed 11-27-19; 8:45 am]
BILLING CODE 3510-22-P
