Atlantic Highly Migratory Species; Commercial Aggregated Large Coastal Shark and Hammerhead Shark Management Group in the Atlantic Region; Retention Limit Adjustment, 16075-16077 [2021-06310]
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Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Rules and Regulations
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[FR Doc. 2021–05397 Filed 3–25–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
[EPA–R02–RCRA–2021–0026; FRL–10019–
81–Region 2]
Hazardous Waste Management
System: Identification and Listing of
Hazardous Waste; Final Rule
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The EPA is removing an
exclusion granting Watervliet Arsenal to
delist the electroplating wastewater
treatment sludges (EPA Hazardous
Waste No. F006) generated by the
Watervliet, New York facility from the
lists of hazardous wastes. This action
revises the final rule published on
January 10, 1986. The EPA has received
information from the facility indicating
the present treatment process at the
facility and waste currently generated at
the facility differ from those for which
the Arsenal’s original petition was
submitted. In light of this, the Arsenal
has requested that EPA withdraw the
prior delisting rule. Based on its
understanding of the changes at the
facility, EPA is granting that request and
removing the previously published
delisting. Removal of the prior delisting
rule does not preclude Watervliet
Arsenal from submitting a new delisting
petition.
DATES: This rule is effective on March
26, 2021.
FOR FURTHER INFORMATION CONTACT:
Carlyn Chappel, U.S. EPA Region 2,
Land, Chemical and Redevelopment
Division (25TH FL), U.S. Environmental
Protection Agency, 290 Broadway, New
York, NY 10007–1866; telephone
number: (212) 637–4104; email address:
chappel.carlyn@epa.gov.
SUPPLEMENTARY INFORMATION: On
January 10, 1986, at 57 FR 1253, the
EPA finalized an exclusion from the list
of hazardous wastes for Watervliet
Arsenal in Watervliet, New York. EPA
has received information from the
facility indicating a change to its
wastewater treatment process. The
sulfur dioxide (SO2) treatment process is
being discontinued and converted to a
sodium bisulfite treatment process as
the primary industrial wastewater
treatment plant (IWTP) system. The
process and nature of sludge generated
from the converted IWTP differs from
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SUMMARY:
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what was described in the delisting
petition submitted on Dec. 22, 1982 for
the electroplating wastewater treatment
sludges (EPA Hazardous Waste Code
No. F006). Watervliet Arsenal has
submitted a request to EPA on July 29,
2020 to formally withdraw the existing
1986 wastewater treatment sludge RCRA
delisting rule previously issued for its
facility. EPA acknowledges receipt of
the information about these changes at
the facility and the Arsenal’s request.
The Watervliet Arsenal, Watervliet, New
York exclusion found in 40 CFR part
261, appendix IX, Table 1 will be
removed from the Code of Federal
Regulations. The text being removed
currently reads: ‘‘Wastewater treatment
sludges (EPA Hazardous Waste No.
F006) generated from electroplating
operations after January 10, 1986.’’
List of Subjects in 40 CFR Part 261
Environmental protection, Hazardous
waste, Recycling, Reporting and
recordkeeping Requirements.
Dated: March 15, 2021.
Walter Mugdan,
Acting Regional Administrator, EPA Region
2.
For the reasons set forth in the
preamble, title 40, Chapter I of the Code
of Federal Regulations is amended as
follows:
PART 261—IDENTIFICATION AND
LISTING OF HAZARDOUS WASTE
1. The authority citation for part 261
continues to read as follows:
■
Authority: 42 U.S.C. 6905, 6912(a), 6921,
6922 and 6938.
Appendix IX to Part 261—[Amended]
2. In Appendix IX to part 261, amend
Table 1 by removing the entry for
‘‘Watervliet Arsenal’’.
■
[FR Doc. 2021–06003 Filed 3–25–21; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 191125–0090; RTID 0648–
XA935]
Atlantic Highly Migratory Species;
Commercial Aggregated Large Coastal
Shark and Hammerhead Shark
Management Group in the Atlantic
Region; Retention Limit Adjustment
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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Fmt 4700
Sfmt 4700
16075
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
retention limit adjustment.
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
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 2021
or until NMFS announces via
notification 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 March 23, 2021, through
December 31, 2021, or until NMFS
announces via notification in the
Federal Register another adjustment to
the retention limit or a fishery closure,
if warranted.
FOR FURTHER INFORMATION CONTACT:
Lauren Latchford at 301–427–8503;
lauren.latchford@noaa.gov.
SUPPLEMENTARY INFORMATION: The
Atlantic shark fishery is managed under
the 2006 Consolidated Atlantic Highly
Migratory Species (HMS) Fishery
Management Plan (FMP), its
amendments, and implementing
regulations (50 CFR part 635) issued
under authority of the MagnusonStevens 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. The boundary
between the Gulf of Mexico region and
the Atlantic region is defined at
§ 635.27(b)(1) as a line beginning on the
East Coast of Florida at the mainland at
25°20.4′ N lat., proceeding due east.
Any water and land to the north and
east of that boundary is considered, for
the purposes of setting and monitoring
quotas, to be within the Atlantic region.
This inseason action only affects the
aggregated LCS and hammerhead shark
management groups in the Atlantic
region.
SUMMARY:
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16076
Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Rules and Regulations
Under § 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 § 635.24(a)(8)(i)
through (vi)). After considering these
criteria as discussed below, NMFS has
concluded that increasing the retention
limit for 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 those 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 § 635.24(a)(8)(i) through (vi), which
include:
• The amount of remaining shark
quota in the relevant region.
Based on dealer reports through
March 19, 2021, approximately 10.8
metric tons (mt) dressed weight (dw)
(23,904 lb dw), or 6 percent, of the 168.9
mt dw shark quota for the aggregated
LCS management group and
approximately 1.9 mt dw (4,252 lb dw),
or 7 percent, of the 27.1 mt dw shark
quota for the hammerhead shark
management group have been harvested
in the Atlantic region. This means that
approximately 94 percent the aggregated
LCS and 93 percent of the hammerhead
shark quota remain available. NMFS is
increasing the retention limit to 55 LCS
other than sandbar shark per vessel per
trip to facilitate the use of available
quota.
• The catch rates in the relevant
region.
Based on the current commercial
retention limit and average catch rate,
which is based on landings data from
dealer reports, landings in the Atlantic
region on a daily basis is low, and the
overall available quota remains high
Using current catch rates and comparing
them to catch rates from last year,
projections indicate that landings would
not reach the quota before the end of
2021. A higher retention limit
authorized under this action will
provide increased fishing opportunities
and facilitate use 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
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Jkt 253001
§ 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 for 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 in relation to preventing
overfishing and rebuilding 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 March 19, 2021,
daily landings throughout 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.
One of NMFS’s goals for the 2021
commercial shark fishery is to facilitate
fishing opportunities throughout the
fishing season in 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
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Fmt 4700
Sfmt 4700
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 December 1, 2020 (85 FR 77007),
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 explained that if it appeared that
the quota is being harvested too quickly,
thus potentially precluding fishing
opportunities throughout the entire
region (e.g., if approximately 40 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 March 19, 2021,
approximately 94 of the aggregated LCS
quota and 93 percent of the
hammerhead shark quota remain
unharvested, respectively. Commercial
shark landings in the Atlantic region at
this point in season are low. A higher
retention limit should increase the
likelihood of full utilization of available
quota in the Atlantic region, while also
allowing the fishery to operate for the
remainder of the year.
Accordingly, as of March 23, 2021,
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 to
55 LCS other than sandbar sharks per
vessel per trip. This retention limit
adjustment is not the applicable limit
for directed shark limited access permit
holders if the vessel is properly
permitted to operate as a charter vessel
or headboat for HMS and is engaged in
a for-hire trip, in which case the
recreational retention limits for sharks
and ‘‘no sale’’ provisions apply
(§ 635.22(a) and (c)); or if the vessel
possesses a valid shark research permit
under § 635.32 and a NMFS-approved
observer is onboard, in which case the
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Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Rules and Regulations
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 2021, or until NMFS
announces another adjustment to the
retention limit or a fishery closure via
notification in the Federal Register, if
warranted.
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
part 635, which was issued pursuant to
section 304(c), and is exempt from
review under Executive Order 12866.
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 (6 percent of the 168.9 mt dw
shark quota for aggregated LCS
management group and 7 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 quotas set for the aggregated LCS
and hammerhead shark management
groups for the Atlantic region in the
December 1, 2020 final rule (85 FR
77007). NMFS notes that the 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.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 23, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–06310 Filed 3–23–21; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No.: 210322–0061; RTID 0648–
XX067]
Fisheries of the Northeastern United
States; Atlantic Deep-Sea Red Crab
Fishery; Final 2021 Atlantic Deep-Sea
Red Crab Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
16077
Atmospheric Administration (NOAA),
Commerce.
ACTION:
Final rule.
We are finalizing
specifications for the 2021 Atlantic
deep-sea red crab fishery, including an
annual catch limit and total allowable
landings limit. This action is necessary
to fully implement previously projected
allowable red crab harvest levels that
will prevent overfishing and allow
harvesting of optimum yield. This
action is intended to establish the
allowable 2021 harvest levels,
consistent with the Atlantic Deep-Sea
Red Crab Fishery Management Plan.
SUMMARY:
The final specifications for the
2021 Atlantic deep-sea red crab fishery
are effective April 26, 2021, through
February 28, 2022.
DATES:
FOR FURTHER INFORMATION CONTACT:
Allison Murphy, Fishery Policy Analyst,
(978) 281–9122.
The
Atlantic deep-sea red crab fishery is
managed by the New England Fishery
Management Council. The Atlantic
Deep-Sea Red Crab Fishery Management
Plan includes a specification process
that requires the New England Fishery
Management Council to recommend an
acceptable biological catch, an annual
catch limit, and total allowable landings
every 4 years. Collectively, these are the
red crab specifications. Prior to the start
of fishing year 2020, the Council
recommended specifications for the
2020–2023 fishing years (Table 1).
SUPPLEMENTARY INFORMATION:
TABLE 1—COUNCIL-APPROVED 2020–2023 RED CRAB SPECIFICATIONS
Metric ton
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Acceptable Biological Catch ....................................................................................................................................
Annual Catch Limit ..................................................................................................................................................
Total Allowable Landings .........................................................................................................................................
On April 14, 2020, we approved the
Council-recommended specifications for
the 2020 fishing year, effective through
February 28, 2021, and we projected the
continuation of those specifications for
2021–2023 (85 FR 20615). At the end of
each fishing year, we evaluate catch
information and determine if the quota
has been exceeded. If a quota is
exceeded, the regulations at 50 CFR
648.262(b) require a pound-for-pound
reduction in a subsequent fishing year.
We have reviewed available 2020
fishery information against the projected
2021 specifications. There have been no
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16:24 Mar 25, 2021
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annual catch limit or total allowable
landings overages, nor is there any new
biological information that would
require altering the projected 2021
specifications published in 2020. Based
on this information, we are finalizing
specifications for fishing year 2021, as
projected in the 2020 specifications rule
(85 FR 20615), and outlined above in
Table 1. These specifications are not
expected to result in overfishing, and
they adequately account for scientific
uncertainty.
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2,000
2,000
2,000
Million lb
4.41
4.41
4.41
Classification
The NMFS Assistant Administrator
has determined that this final rule is
consistent with the Atlantic Deep-Sea
Red Crab Fishery Management Plan, the
Magnuson-Stevens Fishery
Conservation and Management Act, and
other applicable law.
This rule is exempt from review
under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), we
find good cause to waive prior public
notice and opportunity for public
comment on the catch limit and
allocation adjustments, because
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]]>Agencies
[Federal Register Volume 86, Number 57 (Friday, March 26, 2021)]
[Rules and Regulations]
[Pages 16075-16077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06310]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 191125-0090; RTID 0648-XA935]
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.
-----------------------------------------------------------------------
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 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 2021 or until NMFS announces via
notification 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 March 23, 2021,
through December 31, 2021, or until NMFS announces via notification in
the Federal Register another adjustment to the retention limit or a
fishery closure, if warranted.
FOR FURTHER INFORMATION CONTACT: Lauren Latchford at 301-427-8503;
[email protected].
SUPPLEMENTARY INFORMATION: The Atlantic shark fishery is managed under
the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery
Management Plan (FMP), its amendments, and implementing regulations (50
CFR part 635) issued under authority of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.).
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. 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.
[[Page 16076]]
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 for 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 those 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 March 19, 2021, approximately 10.8
metric tons (mt) dressed weight (dw) (23,904 lb dw), or 6 percent, of
the 168.9 mt dw shark quota for the aggregated LCS management group and
approximately 1.9 mt dw (4,252 lb dw), or 7 percent, of the 27.1 mt dw
shark quota for the hammerhead shark management group have been
harvested in the Atlantic region. This means that approximately 94
percent the aggregated LCS and 93 percent of the hammerhead shark quota
remain available. NMFS is increasing the retention limit to 55 LCS
other than sandbar shark per vessel per trip to facilitate the use of
available quota.
The catch rates in the relevant region.
Based on the current commercial retention limit and average catch
rate, which is based on landings data from dealer reports, landings in
the Atlantic region on a daily basis is low, and the overall available
quota remains high Using current catch rates and comparing them to
catch rates from last year, projections indicate that landings would
not reach the quota before the end of 2021. A higher retention limit
authorized under this action will provide increased fishing
opportunities and facilitate use 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 for 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 in relation to preventing
overfishing and rebuilding 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 March 19, 2021, daily landings throughout 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.
One of NMFS's goals for the 2021 commercial shark fishery is to
facilitate fishing opportunities throughout the fishing season in 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 December 1, 2020 (85 FR 77007), 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 explained that if it appeared that the quota is being
harvested too quickly, thus potentially precluding fishing
opportunities throughout the entire region (e.g., if approximately 40
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 March 19,
2021, approximately 94 of the aggregated LCS quota and 93 percent of
the hammerhead shark quota remain unharvested, respectively. Commercial
shark landings in the Atlantic region at this point in season are low.
A higher retention limit should increase the likelihood of full
utilization of available quota in the Atlantic region, while also
allowing the fishery to operate for the remainder of the year.
Accordingly, as of March 23, 2021, 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 to 55 LCS other than sandbar sharks per vessel per
trip. This retention limit adjustment is not the applicable limit for
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
[[Page 16077]]
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 2021, or until NMFS announces
another adjustment to the retention limit or a fishery closure via
notification in the Federal Register, if warranted.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR part 635, which was
issued pursuant to section 304(c), and is exempt from review under
Executive Order 12866.
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 (6 percent of the 168.9 mt dw shark quota for aggregated LCS
management group and 7 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 quotas set for the aggregated LCS and
hammerhead shark management groups for the Atlantic region in the
December 1, 2020 final rule (85 FR 77007). NMFS notes that the 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.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 23, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-06310 Filed 3-23-21; 4:15 pm]
BILLING CODE 3510-22-P
