Atlantic Highly Migratory Species; Commercial Aggregated Large Coastal Shark and Hammerhead Shark Management Group in the Atlantic Region; Retention Limit Adjustment, 37390-37392 [2020-13373]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 85, Number 120 (Monday, June 22, 2020)]
[Rules and Regulations]
[Pages 37390-37392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13373]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 191125-0090; RTID 0648-XA230]


Atlantic Highly Migratory Species; Commercial Aggregated Large 
Coastal Shark and Hammerhead Shark Management Group in the Atlantic 
Region; Retention Limit Adjustment

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

ACTION: Temporary rule; inseason retention limit adjustment.

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SUMMARY: NMFS is adjusting the commercial aggregated large coastal 
shark (LCS) and hammerhead shark management groups' retention limits 
for directed shark limited access permit holders in the Atlantic region 
from 36 LCS other than sandbar sharks per vessel per trip to 55 LCS 
other than sandbar sharks per vessel per trip. This action is based on 
consideration of the regulatory determination criteria regarding 
inseason adjustments. The retention limit will remain at 55 LCS other 
than sandbar sharks per vessel per trip in the Atlantic region through 
the rest of 2020 or until NMFS announces via a notice in the Federal 
Register another adjustment to the retention limit or a fishery 
closure. This retention limit adjustment affects anyone with a directed 
shark limited access permit fishing for LCS in the Atlantic region.

DATES: This retention limit adjustment is effective on June 19, 2020, 
through December 31, 2020, or until NMFS announces via a notice in the 
Federal Register another adjustment to the retention limit or a fishery 
closure, if warranted.

FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz at 
[email protected], Guy Eroh at [email protected], or Lauren 
Latchford at [email protected].

SUPPLEMENTARY INFORMATION: The Atlantic shark fishery is managed under 
the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management 
Plan (FMP), its amendments, and implementing regulations (50 CFR part 
635) issued under authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.).
    The Atlantic shark fishery has separate regional (Gulf of Mexico 
and Atlantic) quotas for all management groups except those for blue 
shark, porbeagle shark, pelagic sharks (other than porbeagle or blue 
sharks), and the shark research fishery for LCS and sandbar sharks. The 
boundary between the Gulf of Mexico region and the Atlantic region is 
defined at Sec.  635.27(b)(1) as a line beginning on the East Coast of 
Florida at the mainland at 25[deg]20.4' N lat, proceeding due east. Any 
water and land to the north and east of that boundary is considered, 
for the purposes of setting and monitoring quotas, to be within the 
Atlantic region. This inseason action only affects the aggregated LCS 
and hammerhead shark management groups in the Atlantic region.
    Under Sec.  635.24(a)(8), NMFS may adjust the commercial retention 
limits in the shark fishery during the fishing season. Before making 
any adjustment, NMFS must consider specified regulatory criteria (see 
Sec.  635.24(a)(8)(i) through (vi)). After considering these criteria 
as discussed below, NMFS has concluded that increasing the retention 
limit of the Atlantic aggregated LCS and hammerhead management groups 
for directed shark limited access permit holders in the Atlantic region 
will allow use of available quotas for the aggregated LCS and 
hammerhead shark management groups. Therefore, NMFS is increasing the 
commercial Atlantic aggregated LCS and hammerhead shark retention limit 
in the Atlantic region from 36 to 55 LCS other than sandbar shark per 
vessel per trip.
    NMFS considered the inseason retention limit adjustment criteria 
listed at Sec.  635.24(a)(8)(i) through (vi), which include:
     The amount of remaining shark quota in the relevant 
region.
    Based on dealer reports through June 11, 2020, 29.2 metric tons 
(mt) dressed weight (dw) (64,384 lb dw), or 17 percent, of the 168.9 mt 
dw shark quota for aggregated LCS management group and 9.7 mt dw 
(21,493 lb dw), or 36 percent, of the 27.1 mt dw shark quota for the 
hammerhead management group have been harvested in the Atlantic region. 
This means that approximately 83 percent of the aggregated LCS quota 
remains available and approximately 64 percent of the hammerhead shark 
quota remains available. NMFS is increasing the retention limit to 55 
LCS other than sandbar shark per vessel per trip to promote the use of 
available quota.
     The catch rates in the relevant region.
    Based on the current commercial retention limit and average catch 
rate of landings data from dealer reports, harvest in the Atlantic 
region on a daily

[[Page 37391]]

basis is low, and the overall available quota is remains high. Using 
current catch rates and comparing to catch rates from last year, 
projections indicate that landings would not reach the quota before the 
end of 2020 (December 31, 2020). A higher retention limit authorized 
under this action will provide increased fishing opportunities and 
utilization of available quota in the Atlantic region.
     The estimated date of fishery closure based on 
projections.
    If landings of either the aggregated LCS or hammerhead shark 
management groups reach 80 percent of their respective quotas, and 
those landings are projected to reach 100 percent of the quota by the 
end of the year, NMFS would, as required by the regulations at Sec.  
635.28(b)(3), close the aggregated LCS and hammerhead shark management 
groups since they are ``linked quotas.'' However, without the 
adjustment undertaken in this action, current catch rates would likely 
result in both management groups remaining open for the remainder of 
the year with quota unused at the end of the year. The higher retention 
limit should increase the likelihood of full utilization of the quota 
in the Atlantic region, while also allowing both management groups to 
remain open for the remainder of the year.
     The effects of the adjustment on accomplishing the 
objectives of the 2006 Consolidated HMS FMP and its amendments.
    Increasing the retention limit on the aggregated LCS and hammerhead 
management groups in the Atlantic region from 36 to 55 LCS other than 
sandbar sharks per vessel per trip would continue to allow for fishing 
opportunities throughout the rest of the year consistent with 
objectives established in the 2006 Consolidated HMS FMP, and would 
manage these groups within previously-established, science-based 
quotas, consistent with requirements to prevent overfishing and rebuild 
overfished stocks.
     The variations in seasonal distribution, abundance, or 
migratory patterns of the relevant shark species.
    The directed shark fishery in the Atlantic region is composed of a 
mix of species, with a high abundance of aggregated LCS caught in 
conjunction with hammerhead sharks. Migratory patterns of many LCS in 
the Atlantic region indicate that sharks move farther north in the 
summer and then return south in the fall. However, based on dealer 
reports through June 11, 2020, daily harvest throughout the entirety of 
the Atlantic region has been low. Therefore, NMFS is increasing the 
retention limit from 36 to 55 LCS other than sandbar sharks per vessel 
per trip in order to provide additional opportunities for fishermen to 
fully utilize the quota in the entire Atlantic region.
     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 relevant quota.
    NMFS's goal for the 2020 commercial shark fishery is to ensure 
fishing opportunities throughout the fishing season across the Atlantic 
region. While dealer reports indicate that, under current catch rates, 
the aggregated LCS and hammerhead shark management groups in the 
Atlantic region would remain open for the remainder of the year, the 
catch rates also indicate that the quotas would likely not be fully 
harvested under the current retention limit. If the harvest of these 
species is increased through an increased retention limit, NMFS 
estimates that the fishery would remain open for the remainder of the 
year and fishermen throughout the Atlantic region would have a 
reasonable opportunity to harvest a large portion of the quota.
    On November 29, 2019 (84 FR 65690), NMFS announced in a final rule 
that the fishery for the aggregated LCS and hammerhead shark management 
groups for the Atlantic region would open on January 1 with a quota of 
168.9 mt dw (372,552 lb dw) and 27.1 mt dw (59,736 lb dw), 
respectively, and a commercial retention limit of 36 LCS other than 
sandbar sharks per trip for directed shark limited access permit 
holders. NMFS published a proposed rule on September 19, 2019 (84 FR 
49236), and invited and considered public comment. In the final rule, 
NMFS explained that if it appeared that the quota is being harvested 
too quickly, thus precluding fishing opportunities throughout the 
entire region (e.g., if approximately 35 percent of the quota is caught 
at the beginning of the year), NMFS would consider reducing the 
commercial retention limit to 3 or fewer LCS other than sandbar sharks, 
and then later consider increasing the retention limit later in the 
year consistent with the applicable regulatory requirements. Based on 
dealer reports through June 11, 2020, approximately 83 percent and 64 
percent of the aggregated LCS and hammerhead shark quotas remain 
unharvested, respectively. Commercial shark landings in the Atlantic 
region at this point in the season are uncharacteristically low. A 
higher retention limit should increase the likelihood of full 
utilization of the quota in the Atlantic region, while also allowing 
the fishery to operate for the remainder of the year.
    Accordingly, as of June 19, 2020, NMFS is increasing the retention 
limit for the commercial aggregated LCS and hammerhead shark management 
groups in the Atlantic region for directed shark limited access permit 
holders from 36 LCS other than sandbar sharks per vessel per trip to 55 
LCS other than sandbar sharks per vessel per trip. This retention limit 
adjustment does not apply to directed shark limited access permit 
holders if the vessel is properly permitted to operate as a charter 
vessel or headboat for HMS and is engaged in a for-hire trip, in which 
case the recreational retention limits for sharks and ``no sale'' 
provisions apply (Sec.  635.22(a) and (c)); or if the vessel possesses 
a valid shark research permit under Sec.  635.32 and a NMFS-approved 
observer is onboard, in which case the restrictions noted on the shark 
research permit apply.
    All other retention limits in the Atlantic region remain unchanged. 
This retention limit will remain at 55 LCS other than sandbar sharks 
per vessel per trip for the rest of 2020, or until NMFS announces 
another adjustment to the retention limit or a fishery closure via a 
notice in the Federal Register, if warranted.

Classification

    The Assistant Administrator for NMFS (AA) finds that it is 
impracticable and contrary to the public interest to provide prior 
notice of, and an opportunity for public comment on, this action for 
the following reasons:
    Based on recent data, NMFS has determined that landings have been 
very low (17 percent, of the 168.9 mt dw shark quota for aggregated LCS 
management group and 36 percent, of the 27.1 mt dw shark quota for the 
hammerhead management group). Delaying this action for prior notice and 
public comment would unnecessarily limit opportunities to harvest 
available aggregated LCS management group and hammerhead shark 
management group quotas, which may have negative social and economic 
impacts for U.S. fishers. This action does not raise conservation and 
management concerns. Adjusting retention limits does not affect the 
overall aggregated LCS management group and hammerhead shark management 
groups quotas, and available data show the adjustment would have a 
minimal risk of exceeding the allocated shark quotas set for the 
aggregated LCS and hammerhead shark management groups for the Atlantic 
region in the November 29, 2019 final rule (84 FR 65690). NMFS notes 
that the

[[Page 37392]]

public had an opportunity to comment on the underlying rulemakings that 
established the quota and retention limit adjustment criteria. 
Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) to waive 
prior notice and the opportunity for public comment. For all of the 
above reasons, there is also good cause under 5 U.S.C. 553(d)(3) to 
waive the 30-day delay in effectiveness.
    This action is being taken under Sec.  635.24(a)(2) and is exempt 
from review under Executive Order 12866.

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

    Dated: June 17, 2020.
H[eacute]l[egrave]ne M.N. Scalliet,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-13373 Filed 6-19-20; 8:45 am]
BILLING CODE 3510-22-P