[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Rules and Regulations]
[Pages 76302-76314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30688]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 100622276-0569-02]
RIN 0648-AY98


Atlantic Highly Migratory Species; 2011 Commercial Fishing Season 
and Adaptive Management Measures for the Atlantic Shark Fishery

AGENCY: National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, Commerce.

ACTION: Final rule; fishing season notification.

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SUMMARY: This final rule establishes opening dates and adjusts quotas 
for the 2011 fishing season for sandbar sharks, non-sandbar large 
coastal sharks (LCS), blacknose shark, non-blacknose small coastal 
shark (SCS), blue sharks, porbeagle sharks, and pelagic sharks (other 
than porbeagle or blue sharks) based on any over- and/or underharvests 
experienced during the 2009 and 2010 Atlantic commercial shark fishing 
seasons. NMFS is taking this action to establish the 2011 adjusted 
fishing quotas and to open the commercial fishing seasons for the 
Atlantic sandbar shark, non-sandbar LCS, blacknose shark, non-blacknose 
SCS, and pelagic shark fisheries based on over- and underharvests from 
the 2009 and 2010 fishing season. This action is expected to affect 
commercial shark fishermen in the Atlantic and Gulf of Mexico regions. 
In addition to establishing opening dates and adjusting annual quotas, 
this final rule implements adaptive management measures, including 
flexible opening dates for the fishing season, as well as inseason 
adjustments to shark trip limits, to provide flexibility in management 
in the furtherance of equitable fishing opportunities, to the extent 
practicable, for commercial shark fishermen in all regions and areas. 
These actions are expected to affect

[[Page 76303]]

commercial shark fishermen in the Atlantic and Gulf of Mexico regions.

DATES: This final rule is effective January 7, 2011. The 2011 Atlantic 
commercial shark fishing season for the shark research, non-blacknose 
SCS, blacknose sharks, blue sharks, porbeagle sharks, and pelagic 
sharks (other than porbeagle and blue sharks) in the northwestern 
Atlantic Ocean, including the Gulf of Mexico and the Caribbean Sea, 
will open on January 1, 2011. The non-sandbar LCS in the Gulf of Mexico 
region will open on March 1, 2011. The non-sandbar LCS fishery in the 
Atlantic region will open on July 15, 2011. Each shark species/complex 
closes on December 31, 2011, or when landings reach, or are projected 
to reach, 80 percent of the respective quota, whichever occurs first. 
The one exception is blacknose sharks and non-blacknose SCS fisheries, 
where both fisheries close when landings of either fishery reach 80 
percent of the quota. The 2011 Atlantic commercial shark fishing season 
and quotas are provided in Table 1 under SUPPLEMENTARY INFORMATION.

ADDRESSES: Highly Migratory Species Management Division, 1315 East-West 
Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz or Guy DuBeck at 
301-713-2347 or (fax) 301-713-1917, or Jackie Wilson at 240-338-3936 or 
(fax) 404-806-9188.

SUPPLEMENTARY INFORMATION: 

Background

    The Atlantic shark fishery is managed under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). The 2006 Consolidated Atlantic Highly Migratory Species 
(HMS) Fishery Management Plan (FMP) and its amendments under the 
Magnuson-Stevens Act are implemented by regulations at 50 CFR part 635.
    On September 20, 2010, NMFS published a rule (75 FR 57240) that 
proposed the 2011 opening dates of the Atlantic commercial shark 
fisheries and quotas based on shark landings information as of July 31, 
2010. The proposed rule also considered two main alternatives regarding 
management of the shark fishery. One approach would maintain the status 
quo approach to establishing trip limits (33 non-sandbar LCS/trip), as 
well as consider alternatives to allow changes in shark trip limits in 
order to extend fishing opportunities year-round (alternative 1 and its 
sub-alternatives). The other approach (alternative 2 and its sub-
alternatives) would allow flexibility in the opening of the season for 
Atlantic shark fisheries through the annual specifications process and 
allow inseason actions to adjust shark trip limits in either region to 
provide expanded fishing opportunities for constituents across the 
fishery, as is the intent of Amendment 2 to the 2006 Consolidated HMS 
FMP (Amendment 2) (73 FR 35778, June 24, 2008, corrected at 73 FR 
40658, July 15, 2008). The proposed rule contained details regarding 
the alternatives considered and a brief summary of the recent 
management history. Those details are not repeated here. Several 
comments from the public were received on the proposed rule. Those 
comments, along with the Agency's responses, are provided below. As 
detailed more fully in the Response to Comments section, NMFS will open 
the non-sandbar LCS fishery in the Gulf of Mexico region on March 1, 
2011. The other shark species/complexes will open as proposed in the 
September 20, 2010, rule with non-sandbar LCS in the Atlantic region 
opening on July 15, 2011, and all other shark species/complexes opening 
on January 1, 2011. This final rule serves as notification of the 2011 
opening dates of the Atlantic commercial shark fisheries and 2011 
quotas, based on shark landings updates as of October 31, 2010, 
pursuant to 50 CFR 635.27(b)(1)(vii). This action does not change the 
annual base and adjusted annual base commercial quotas for sandbar 
sharks, non-sandbar LCS, blue sharks, porbeagle sharks, and pelagic 
sharks (other than porbeagle and blue sharks) as established under 
Amendment 2 or the commercial quotas established for non-blacknose SCS 
and blacknose sharks under Amendment 3 to the 2006 Consolidated HMS FMP 
(Amendment 3) (75 FR 30484, June 1, 2010). Any such changes would be 
performed through a separate action. Rather, this action adjusts the 
commercial quotas based on over- and/or underharvests in 2009 and 2010.

Response to Comments

    During the proposed rule stage, NMFS received more than a dozen 
written comments from fishermen, dealers, and other interested parties. 
NMFS also heard numerous comments from the fishermen and dealers who 
attended the four public hearings. A summary of the comments received 
during the public comment period for the September 20, 2010, proposed 
rule (75 FR 57240) is shown below with NMFS' responses. All written 
comments can be found at http://www.regulations.gov/ and by searching 
for RIN 0648-AY98.

A. Season Opening Dates

1. Non-Sandbar LCS Comments
    Comment 1: The flexibility measures under sub-alternatives 2A and 
2B, which allow flexibility in the opening of the season for Atlantic 
shark fisheries and adjusting of shark trip limits, look good in 
theory, but the fishery needs certainties to make good business and 
personal decisions.
    Response: Under the preferred sub-alternatives 2A and 2B, NMFS 
would still conduct annual proposed and final rulemaking to establish 
the quotas and season opening dates. As part of this rulemaking, 
interested parties could provide comments and have notice of the season 
opening dates, as is currently the process. In addition, NMFS would 
provide five days' notice of changes in shark trip limits, as is 
currently done with the closing of a particular shark fishery when 80 
percent of a given quota is harvested. Such a process would provide the 
same amount of notice to fishermen and associated shark industries of 
changes in the fishery as is currently provided. NMFS believes that 
five days' notice of changes provides enough time for business 
decisions while also providing NMFS with the ability and flexibility to 
manage the fishery, as appropriate.
    Comment 2: NMFS does not need to extend the shark fishing season 
year-round since fishermen can catch other fish species the rest of the 
year. The economics should be considered in this rule since it is more 
economically beneficial to have a short season.
    Response: NMFS acknowledges that shorter seasons may result in some 
reduced trip-related expenses. A shorter season may result in less fuel 
expenditures for travel, lower costs associated with changing over gear 
types, and reduced crew turnover. A shorter season may reduce the at-
sea time associated with harvesting the shark quota, and, therefore, 
provide fishermen with more time to pursue other fisheries. However, 
there are both social and private costs potentially associated with 
shorter seasons. Shorter fishing seasons often result in derby-style 
fishing conditions, which can result in fishing under unsafe 
conditions, such as poor weather and long hours. Derby fishing can also 
result in a market glut of fish during the early part of a fishing 
season when there is heavy fishing if there is insufficient demand for 
the product during that short period. Furthermore, when fishing in 
other fisheries, such as snapper/grouper or mackerel fisheries, 
fishermen are likely to encounter sharks. If the season for sharks is 
closed, those sharks

[[Page 76304]]

caught as bycatch need to be discarded, resulting in fishing 
inefficiencies and increased mortality of sharks. Therefore, NMFS 
prefers sub-alternatives 2A and 2B, which will provide the Agency with 
the necessary flexibility to extend the fishing season either by 
delaying the opening of a shark fishery and/or adjusting shark trip 
limits through inseason actions to help reduce bycatch and mortality of 
sharks.
    In addition, NMFS could not identify patterns in ex-vessel shark 
prices based on season length, but rather, found slighter higher prices 
for 2010 overall compared to 2008 and 2009. NMFS compared ex-vessel 
prices for non-sandbar LCS for 2008 when the fishing season was opened 
for almost six months compared to 2009 and 2010 where the non-sandbar 
LCS fishery was opened between 6 weeks to 22 weeks. Ex-vessel prices 
for non-sandbar LCS in 2008 and 2009 were $0.45 per pound each year. 
However, these prices were slightly higher for 2010 at $0.60 per pound. 
In addition, the sandbar shark research fishery, which has been opened 
for longer periods of time in 2008-2010, had similar prices in 2008 and 
2009 ($0.35 and $0.40 per pound, respectively) but had higher prices in 
2010 at $0.70 per pound.
Atlantic Region
    Comment 3: NMFS should open the non-sandbar LCS fishery in the 
Atlantic region in January with a trip limit of 33 sharks/trip, lower 
the trip limit to 0 sharks/trip when 40 percent of the quota is 
achieved, and then raise the trip limit back to 33 sharks/trip in July. 
This approach would ensure available quota for fishermen along the 
Atlantic coast. However, if NMFS re-creates a bi-annual season by 
lowering and raising the trip limit, NMFS needs to ensure accurate and 
timely reporting by dealers in order to ensure that all fishermen along 
the coast have equal opportunities to fish the quota. Electronic 
reporting needs to be implemented to stop delayed dealer reporting of 
shark landings.
    Response: NMFS considered such a scenario of creating a bi-annual 
fishing season for non-sandbar LCS by lowering and raising non-sandbar 
LCS trip limits to allow for a fishery at the beginning of the year yet 
reserving quota for a fishery later in the year when sharks migrate to 
more northern Atlantic waters. However, because of delays in dealer 
reporting due to the current biweekly reporting regime for shark 
dealers, and due to delays in the receipt of State landings data, NMFS 
is concerned that sufficient amounts of the quota may not be available 
for a fishery later in the season under the scenario described in 
Comment 3. Currently, dealers are required to have landings reports 
from the first through the 15th of each month received by NMFS no later 
than the 25th of the month. Landings reports from the 16th through the 
end of the month must be received by NMFS no later than the 10th of the 
following month. Therefore, dealer reports are delayed by two weeks, 
making landings data at least 10 days old by the time the Agency 
receives HMS dealer reports. If the quota is being harvested at a fast 
rate, then the Agency may not be able to reduce trip limits fast enough 
to ensure an adequate fishery later in the season. NMFS is currently 
working on an electronic dealer reporting rulemaking, which will 
require more timely dealer reporting and support real-time quota 
monitoring. Once this system is in place, NMFS could consider managing 
the shark season as described under Comment 3.
    Comment 4: Some fishermen for the Florida area and related 
industries do not support the proposed July 15 opening for the non-
sandbar LCS fishery in the Atlantic region. The delay in 2010 did not 
provide an equal opportunity for Florida fishermen to harvest the quota 
because sharks are not available in Florida waters in July and prices 
for sharks are higher in the winter than the summer. Because there are 
more shark fishermen in Florida than in other regions, NMFS should not 
give preference to fishermen who fish further north. However, other 
fishermen from North Carolina and north support the proposed July 15 
opening because it offers mid- and north Atlantic fishermen an 
opportunity to harvest the quota.
    Response: In 2008, 257,286 pounds (lb) dressed weight (dw) of non-
sandbar sharks were reported from July through December on HMS dealer 
reports by Federally permitted dealers from the east coast of Florida. 
During the same time period, 10,390 lb dw of non-sandbar LCS were 
reported by dealers from North Carolina. In 2009, when the fishery was 
opened during January through July, 317,050 lb dw of non-sandbar LCS 
were reported by Federal dealers from the east coast of Florida whereas 
4,534 lb dw of non-sandbar LCS were reported from dealers from North 
Carolina. Thus, 2008 dealer reports indicate that non-sandbar LCS are 
present in waters off the east coast of Florida during the July to 
December timeframe. In addition, fishermen from North Carolina landed 
less than half the amount of non-sandbar LCS from January through July 
in 2009 compared to 2008 when the fishery was open later in the year, 
and sharks migrated to more northern Atlantic waters. Preliminary data 
for 2010 from July through September indicate a similar pattern to that 
in 2008. Consistent with National Standard 4, NMFS must not 
discriminate between residents of different States. NMFS must consider 
fishing opportunities that are fair and equitable to all fishermen. 
Opening the non-sandbar LCS fishery later in the year (i.e., July 15) 
would allow the furtherance of equitable fishing opportunities to all 
fishermen in the Atlantic region; fishermen in the south Atlantic and 
north Atlantic would all have the ability to harvest a portion of the 
non-sandbar LCS quota in the Atlantic region with such an opening date.
    Finally, NMFS compared monthly ex-vessel prices based on data 
provided on HMS dealer reports for non-sandbar LCS from 2008 through 
2010 for dealers reporting from the east coast of Florida. Median ex-
vessel prices per pound ranged from $0.45-$0.75 in July through 
September in 2008 and 2010 (the non-sandbar LCS fishery was not open 
during this time period in 2009). From January through March, median 
ex-vessel prices per pound ranged from $0.45 to $0.50 and were similar, 
if not slightly lower, than summer ex-vessel prices for non-sandbar 
LCS. Thus, NMFS did not find higher ex-vessel prices for non-sandbar 
LCS during the winter months, suggesting that a summer/fall fishery for 
non-sandbar LCS off the east coast of Florida could generate as much 
revenue as a winter/spring fishery.
    Comment 5: North Carolina and Florida traditional shark fisheries 
are composed of different species. North Carolina was mainly a sandbar 
shark fishery while Florida was mainly a blacktip shark fishery. NMFS 
should manage the fishery based on the traditional fisheries and not 
take away the winter non-sandbar LCS fishery from Florida fishermen.
    Response: While average landing reports from 2003 to 2007 indicate 
that more blacktip sharks were reported, on average, from the east 
coast of Florida compared to North Carolina (263,405 lb dw versus 
14,878 lb dw of blacktip sharks), dealers from the east coast of 
Florida reported higher average landings of sandbar sharks compared to 
dealers in North Carolina (309,640 lb dw versus 232,132 lb dw of 
sandbar sharks). Thus, the east coast of Florida had a substantial 
traditional sandbar shark fishery before the implementation of 
Amendment 2 to the Consolidated HMS FMP. In addition, blacktip sharks, 
which are currently allowed to be retained in the commercial fishery, 
unlike sandbar sharks, are not as prevalent in the beginning of the 
year

[[Page 76305]]

off North Carolina based on HMS dealer reports (142 lb dw of blacktip 
sharks from January through March). This information indicates a 
fishery for this species later in the year is appropriate to allow for 
a more equitable opportunity for all fishermen in the Atlantic region 
to harvest a portion of the non-sandbar LCS quota, consistent with 
National Standard 4.
    Comment 6: Making Florida fishermen fish for sharks in the summer 
presents a safety-at-sea issue as it is dangerous in the Florida summer 
heat to have to process the sharks twice by removing fins once the 
sharks are offloaded and having to lift heavy sharks that cannot be cut 
in half.
    Response: NMFS disagrees that opening the non-sandbar LCS fishery 
in July in the Atlantic region presents a safety-at-sea issue; NMFS has 
considered National Standard 10, regarding promoting the safety of 
human life at sea, to the extent practicable, when considering the 
opening dates of the shark fishing seasons. Regulations prohibiting 
shark fishermen from being able to cut, quarter, or fillet sharks while 
at sea have been in effect since 1997. In addition, landings 
information from HMS Dealer Form reports indicate shark fishermen have 
historically landed sharks in Florida during July through September, 
and the offloading of sharks with their fins naturally attached has 
been in place since the 2008 Amendment 2. Therefore, having a summer 
non-sandbar LCS fishery should not be a change in current fishing 
practices or present any new safety-at-sea concerns. Additionally, in 
both 2008 and 2010, the non-sandbar LCS summer fishery has continued 
substantially into the fall (until December 31 in 2008 and to date in 
2010). As such, opening the fishery on July 15 provides shark fishermen 
who do not want to fish in the heat of the summer, or who fish for 
other species in the summer, an opportunity to fish during the cooler 
months.
Gulf of Mexico Region
    Comment 7: Shark meat is easier to sell in the Gulf of Mexico 
around the religious holiday of Lent. Shark dealers and fishermen in 
the Gulf of Mexico supported sub-alternative 2A to allow for 
flexibility in the opening of the commercial fishing season so that the 
opening dates could be around Lent each year.
    Response: Consistent with National Standard 4, NMFS must not 
discriminate between residents of different States. NMFS must consider 
fishing opportunities that are fair and equitable to all fishermen. 
Therefore, NMFS considered a season opening date that would allow the 
furtherance of equitable fishing opportunities, to the extent 
practicable, for commercial shark fishermen in all parts of the Gulf of 
Mexico region. As such, based on comments received from fishermen and 
dealers in different areas of the Gulf of Mexico requesting NMFS to 
open the season at the beginning of the year, to open the season around 
Lent, or to open the season around the middle of March, NMFS is opening 
the non-sandbar LCS on March 1, 2011. This opening should also allow 
for shark product to be available during Lent in 2011 as Lent begins on 
March 9, 2011. This is a change from the opening date in the proposed 
rule for this action; however, as explained in the responses to Comment 
8 below, NMFS believes such an opening date would provide fishermen in 
both the eastern and western Gulf of Mexico the ability to catch a 
portion of the non-sandbar LCS shark quota during 2011.
    Comment 8: Louisiana shark fishermen and dealers are in favor of 
opening the non-sandbar LCS fishery in the Gulf of Mexico in January or 
February of 2011. This would allow a winter fishery when few other 
fisheries are open at that time. Opening the season during the cooler 
months would be beneficial since ice is not used on vessels in that 
area. NMFS should also be consistent with Louisiana State regulations 
and should not open the season during the pupping season (April through 
June of each year). Louisiana State shark fishermen supported opening 
the non-sandbar LCS fishery the same time as it was opened in 2010 
(i.e., early February) so that catch and catch rates before and after 
the oil spill can be compared to determine the impact on the oil spill 
on shark populations. There was also some support from Louisiana State 
fishermen to open the non-sandbar LCS fishery in the Gulf of Mexico 
later in the year (i.e., July) when the flow of the Mississippi river 
is lower and sharks are easier to catch.
    Response: Consistent with National Standard 4, NMFS must not 
discriminate between residents of different States. NMFS must consider 
fishing opportunities that are fair and equitable to all fishermen. 
NMFS is balancing comments received from all fishermen and dealers in 
the Gulf of Mexico region with regard to the opening of the non-sandbar 
LCS fishery in that region. Based on comments received from fishermen 
and dealers throughout the Gulf of Mexico, NMFS is opening the non-
sandbar LCS on March 1, 2011. This is a change from the opening date in 
the proposed rule for this action; however, NMFS believes such an 
opening date would provide fishermen in both the eastern and western 
Gulf of Mexico the ability to catch a portion of the non-sandbar LCS 
shark quota during 2011. This would open the fishery at the beginning 
of the year when it is cooler (i.e., before the summer months) and when 
other fisheries may be closed. In addition, based on how quickly the 
quota was harvested in 2010 in the Gulf of Mexico region, NMFS does not 
anticipate the non-sandbar LCS quota lasting until the end of the year, 
so an overlap with the shark pupping season from April-June during 2011 
should not be substantial. If any overlap does occur, since Louisiana 
State waters are closed from April to June of each year to protect 
shark pupping, overall shark fishing effort would be reduced. 
Additionally, the Federal shark permit holders that would be active 
during this time period would be fishing in offshore waters and not 
pupping areas. Thus, NMFS does not anticipate any significant impacts 
to shark populations due to fishing by Federal shark fishermen during 
this time. However, an opening date of March 1, 2011, would most likely 
not allow for a non-sandbar LCS fishery later in the season in the Gulf 
of Mexico region. NMFS could slow the fishery down by reducing the trip 
limit; however, while this action implements the criteria and authority 
for NMFS to make inseason changes to shark trip limits, no changes to 
the actual trip limits are being made at this time. Additionally, until 
NMFS has real-time reporting from shark dealers, NMFS is concerned that 
due to the delay in dealer reports, sufficient amounts of the quota may 
not be available for a fishery later in the season as explained in the 
response to Comment 3 above.
    Comment 9: Louisiana fishermen questioned the need for equitable 
opportunities to catch the quota.
    Response: As explained above, in accordance with National Standard 
4, NMFS must not discriminate between residents of different States. 
NMFS must consider fishing opportunities that are fair and equitable to 
all fishermen.
    Comment 10: Louisiana Department of Wildlife and Fisheries 
indicated that there were currently 600 State water shark permits with 
approximately half of those permits actively participating in the shark 
fishery. These fishermen derive a substantial amount of income from 
shark fishing; however, the State agency claimed that the proposed rule 
did not consider the impacts to Louisiana State fishermen, and stated 
that NMFS should consider the impacts

[[Page 76306]]

to Louisiana State fishermen when establishing shark fishing 
regulations.
    Response: NMFS disagrees that the proposed rule did not consider 
impacts to Louisiana State fishermen. In both the proposed rule and 
this final rule, NMFS analyzed alternatives to provide equitable 
fishing opportunities to the extent practicable for commercial shark 
fishermen in all regions and areas. NMFS has not been able to quantify 
potential impacts to State fishermen with regard to impacts of changing 
trip limits as it has for Federal shark fishermen due to the lack of 
Federal logbooks from State fishermen and the lack of a requirement for 
dealers to have a Federal dealer permit and report landings of State 
fishermen to NMFS. However, NMFS held a public hearing in Louisiana and 
has taken comments from Louisiana shark fishermen into consideration on 
the proposed rule and draft Environmental Assessment (EA) on the 
opening of the commercial shark fishing seasons. In this rule, NMFS 
balanced comments received from all participants in the Gulf of Mexico 
region with regard to the opening of the non-sandbar LCS fishery in 
that region. As explained in responses to Comments 7 and 8, NMFS 
believes an opening date of March 1, 2011, would provide fishermen in 
both the eastern and western Gulf of Mexico the ability to catch a 
portion of the non-sandbar LCS shark quota during 2011. This change 
also takes into consideration comments from some Louisiana fishermen 
who suggested the fishery open near the religious holiday of Lent.
    Comment 11: The quota would last longer if NMFS opens the non-
sandbar LCS season in the Gulf of Mexico region later in the year (such 
as March 1 or March 15) because, if the season opens in January, 
Louisiana vessels would primarily target sharks because there are no 
other open fisheries at that time. However, NMFS should not open the 
season too late in the year in the Gulf of Mexico region as there are 
no sharks in the Florida Keys in July, which is part of the Gulf of 
Mexico region.
    Response: NMFS is balancing comments received from all fishermen 
and dealers in the Gulf of Mexico region with regard to the opening of 
the non-sandbar LCS fishery in that region. In Comment 8, constituents 
requested that the non-sandbar LCS fishery open around Lent (i.e., 
beginning March 9, 2011) when shark product was more easily sold. 
Florida-based fishermen wanted the non-sandbar LCS fishery to open at 
the beginning to the middle of March in the Gulf of Mexico region, 
whereas Louisiana-based fishermen wanted the non-sandbar LCS fishery to 
open around January to February of 2011. Based on public comment, NMFS 
is opening the non-sandbar LCS fishery on March 1, 2011. This is a 
change from the opening date in the proposed rule for this action; 
however, NMFS believes such an opening date would provide fishermen in 
both the eastern and western Gulf of Mexico the ability to catch a 
portion of the non-sandbar LCS shark quota during 2011. In addition, 
NMFS has implemented criteria and flexibility in opening the commercial 
shark fisheries in the future (see response to Comment 7 above).
    Comment 12: Louisiana State fishermen are illegally fishing for 
sharks in Federal waters without a Federal shark permit. Once this 
issue is addressed, NMFS could extend the season and allow for more of 
the Federal quota to be caught by Federally-permitted fishermen.
    Response: Due to comments such as these during the fishing season, 
NMFS Office of Law Enforcement (OLE) investigated the allegations and 
intercepted one fisherman fishing without a Federal shark permit 
fishing in Federal waters in 2010. If suspected illegal activities are 
observed in any fishery and/or region, specific information regarding 
such incidents can be reported to NMFS OLE. Anyone can report suspected 
illegal activities to NMFS OLE by calling 1-800-853-1964 or by 
contacting a local OLE Division Office. The location of NMFS OLE 
Division Offices can be found at http://www.nmfs.noaa.gov/ole/contacts.html.
2. SCS Comments
    Comment 13: NMFS should not close the SCS fishery when 80 percent 
of the blacknose quota is caught. Blacknose sharks are not caught in 
the north Atlantic, and closing the entire SCS fishery when the 
blacknose shark quota reaches 80 percent could close down a healthy 
Atlantic sharpnose shark fishery that occurs year round in North 
Carolina.
    Response: In the final rule of Amendment 3 to the 2006 Consolidated 
HMS FMP (75 FR 30484, June 1, 2010), NMFS established new blacknose 
shark and non-blacknose SCS quotas and established that both fisheries 
would close when either quota reached, or was projected to reach, 80 
percent. This link between quotas was implemented because the status of 
the blacknose shark stock is overfished with overfishing occurring. 
Thus, given the small blacknose quota, it is most likely that the 
blacknose fishery would close before the non-blacknose fishery. 
However, blacknose sharks could suffer additional mortality in non-
blacknose SCS fisheries as bycatch. Closing both fisheries when either 
quota reached 80 percent helps ensure rebuilding of blacknose sharks. 
In addition, this offers an incentive to avoid blacknose sharks and 
target non-blacknose SCS so that the non-blacknose SCS fishery does not 
close with quota still available. During the proposed rule for 
Amendment 3, fishermen noted that they could target and avoid certain 
species of small coastal sharks. In addition, unlike blacknose sharks, 
any underharvest of the non-blacknose SCS quota could be added to the 
following year's fishing quota, since the stock status of finetooth, 
Atlantic sharpnose, and bonnethead sharks have all been determined to 
be healthy. These measures maximize the opportunity to harvest the 
healthy non-blacknose SCS while rebuilding and preventing overfishing 
on the blacknose shark stock.

B. Trip Limit Comments

    Comment 14: NMFS should not lower the trip limit to extend the 
season. Anything less than 33 non-sandbar LCS per trip would shut the 
fishery down since it would not be profitable for Federal fishermen.
    Response: With the implementation of Amendment 2, NMFS anticipated 
that setting the trip limit at 33 non-sandbar LCS would lead to non-
sandbar LCS being caught in an incidental manner in other fisheries, as 
the reduced trip limit would no longer provide an economically viable 
targeted fishery for non-sandbar LCS. However, an analysis of logbook 
data indicates that the non-sandbar LCS fishery has harvested, on 
average, less than the 33 non-sandbar LCS per trip limit. Specifically, 
the Coastal Fisheries Logbook data indicate that since the 
implementation of Amendment 2, the overall average number of non-
sandbar LCS landed per trip in the Gulf of Mexico and Atlantic regions 
was 21 and 13, for 2008 and 2009, respectively. Additionally, NMFS is 
aware that many shark fishermen continue to fish directly for large 
coastal sharks, particularly during times when other fisheries are 
closed. Therefore, it seems that targeted non-sandbar LCS trips have 
been conducted at lower harvest levels than the current trip limit. In 
this final rule, NMFS is not changing the trip limits. However, NMFS is 
implementing criteria for trip limit adjustments through inseason 
actions to provide fishermen more equitable access to the relevant 
shark resource throughout their appropriate region.
    Comment 15: Federal fishermen are concerned that the trip limit 
reduction

[[Page 76307]]

would not stop the Louisiana State fishermen from continuing to harvest 
a large proportion of the Gulf of Mexico quota.
    Response: On March 17, 2010 (75 FR 12700), after 42 days of 
fishing, NMFS closed the commercial non-sandbar LCS fishery in the Gulf 
of Mexico region. Inclement weather during this time period limited 
access to non-sandbar LCS by vessels fishing out of some areas of 
Florida, and allowed vessels from Louisiana, which were not as 
restrained by weather conditions, to continue to catch a majority of 
the non-sandbar LCS quota. In this final rule, NMFS implements 
regulations and criteria to lower and raise shark trip limits and allow 
fishermen more equitable access to the relevant shark resource 
throughout their appropriate region. Such flexibility should provide 
NMFS the opportunity to allow fishermen more equitable access to the 
relevant shark resource throughout their appropriate region by slowing 
a fishery down, as needed, if the quota is being harvested too quickly. 
However, NMFS is not implementing any changes in the shark trip limits 
at this time based on public comment. NMFS is also implementing 
regulations and criteria to allow flexibility in the opening dates of 
the commercial Atlantic shark fishing seasons in the future. Currently, 
NMFS will open the 2011 Gulf of Mexico non-sandbar LCS fishery on March 
1, 2011. NMFS anticipates that delaying the 2011 season opening until 
March 1, 2011, balances comments NMFS heard from constituents 
throughout the Gulf of Mexico region and would provide fishermen in 
both the eastern and western Gulf of Mexico the ability to catch a 
portion of the non-sandbar LCS shark quota during 2011.
    Comment 16: Extending the quota year-round would require NMFS to 
reduce the number of participants in the Atlantic shark fisheries. 
Changing the trip limits or opening dates would not change this.
    Response: As described above in response to Comment 15, at this 
time, the data do not provide enough information for NMFS to determine 
what trip limit would allow for a year-round fishery. However, in this 
rule, NMFS is implementing regulations and criteria to provide the 
flexibility to change to the opening date of the shark fisheries, as 
well as lower and raise shark trip limits, as necessary. Although no 
changes to shark trip limits are being implemented at this time, NMFS 
believes that the combination of these two regulations should provide 
fishermen with more equitable access to the relevant shark resource 
throughout their appropriate region, even if they do not result in a 
year-round fishery. NMFS is also requesting comments on an advance 
notice of proposed rulemaking (ANPR) that looks at different visions 
for the future of the shark fishery and potential short- and long-term 
changes to the regulations (September 20, 2010, 75 FR 57235). This ANPR 
could result in a rulemaking that considers, among other things, the 
number of participants in the fishery, appropriate trip limits, and the 
length of the fishing seasons.

C. General Comments

    Comment 17: NMFS should implement certain fishing days for sharks--
such as Mondays, Wednesdays, and Fridays--in order to lengthen the 
fishing season, similar to what was done in the Atlantic bluefin tuna 
fishery.
    Response: NMFS is aware of the problems being faced by the non-
sandbar LCS fishery, which include short fishing seasons. To address 
some of these problems, on September 20, 2010, NMFS published an ANPR 
(75 FR 57235) to initiate broad public participation in considering 
potential short- and long-term changes to the regulations governing the 
U.S. Atlantic shark fishery. This ANPR requests comments and potential 
solutions regarding ongoing issues currently affecting management of 
the shark fishery, including commercial landings that exceed the 
quotas, declining numbers of fishing permits since limited access was 
implemented, complex regulations, ``derby'' fishing conditions due to 
small quotas, and short seasons. Implementing certain fishing days to 
lengthen the shark fishing season could be one of the mechanisms 
considered in any rulemaking resulting from this ANPR. Comments on the 
ANPR will be accepted through January 14, 2010.
    Comment 18: In 2009, the non-sandbar LCS fishery in the Gulf of 
Mexico was closed before the quota was reached without applying any 
underharvest, but NMFS is planning to take away overharvest in 2010. 
All of the quota underharvest and overharvest should be equally 
applied.
    Response: The stock status for the non-sandbar LCS fishery is 
currently unknown. Under the regulations implemented in Amendment 2, 
NMFS does not transfer underharvest to the next fishing year for 
species whose stock status is unknown, overfished, or if overfishing is 
occurring. Not applying underharvest increases the likelihood that 
these stocks rebuild in a timely manner. However, NMFS transfers 
underharvest up to 50 percent of the base quota to the next fishing 
year for species whose stock status is not unknown, not overfished, or 
overfishing is not occurring. In addition, NMFS subtracts overharvests 
from the next fishing year for all species/complexes in order to ensure 
rebuilding plans are being met and fisheries remain sustainable.
    Comment 19: NMFS should stop all shark fishing.
    Response: This comment is outside the scope of this rulemaking. The 
purpose of this rulemaking is to adjust quotas based on over- and 
underharvests from the previous year and opening dates for the 2011 
shark season. These quotas were established to rebuild overfished 
stocks, prevent overfishing, and obtain optimum yield and were based on 
the best available science, per the requirements of the Magnuson-
Stevens Act. The final rule and accompanying documents do not reanalyze 
the overall management measures for sharks, which was done in Amendment 
2 and Amendment 3, and is being reviewed again through the ANPR process 
described above.
    Comment 20: NMFS needs to consider a balance between the interests 
of Florida and North Carolina along with the rest of the Atlantic 
States. NMFS should consider a north and south Atlantic region and/or 
bi-annual seasons.
    Response: NMFS implemented one fishing season and separate regions 
for the non-sandbar LCS fishery in the Gulf of Mexico and Atlantic in 
Amendment 2. The Agency preferred measures consistent with the 2006 LCS 
stock assessment by maintaining two regions: A Gulf of Mexico and 
Atlantic region. Maintaining two regions has several advantages, 
including: It adheres to the stock assessment for blacktip sharks, 
which assessed this species separately in the Gulf of Mexico and 
Atlantic; it accounts for overharvests that occur in the Gulf of Mexico 
and Atlantic more equitably; it allows for unique quotas to be 
implemented in each region that account for different species 
composition in each region; and, maintains the flexibility to implement 
unique regulations in the Gulf of Mexico and Atlantic Ocean.
    The shark fishery has traditionally been managed on a calendar 
year, and NMFS prefers to maintain this practice. As implemented in 
Amendment 2, NMFS has one shark fishing season, starting January 1 of 
each year. Opening on this date is more likely to overlap with open 
seasons for other BLL and gillnet fisheries and provide for fishermen a 
full calendar year to harvest available quota. Nonetheless, NMFS is 
reviewing different visions for the future of the shark fishery through 
an ANPR

[[Page 76308]]

process (see the response to comment 18). Changing regional boundaries 
could be one of the mechanisms considered in any rulemaking resulting 
from this ANPR.
    Comment 21: Non-sandbar LCS quota from the shark research fishery 
should be given to the Gulf of Mexico region.
    Response: Consistent with Amendment 2, underharvest of the shark 
research non-sandbar LCS fishery quota is not transferable to the Gulf 
of Mexico region. NMFS established a separate non-sandbar LCS and 
sandbar shark quota in the sandbar shark research fishery under 
Amendment 2. The sandbar shark research fishery allows for the 
collection of fishery-dependent data for future stock assessments while 
also allowing NMFS and commercial fishermen to conduct cooperative 
research to meet the shark research objectives for the Agency. The 
shark research fishery maintains time series data for stock 
assessments. The separate quotas allow each fishery to continue even if 
the non-sandbar LCS quota outside the research fishery is fulfilled. 
The research fishery itself continues until both the sandbar and non-
sandbar LCS landings reach 80 percent of the quotas established for the 
research fishery (i.e., if the non-sandbar LCS landings within the 
research fishery reached 80 percent of the quota, non-sandbar LCS 
retention in the research fishery ends, but sandbar sharks continue to 
be retained until that sandbar shark landings reached 80 percent of the 
sandbar quota). Transferring quota from the research fishery to the 
non-research shark fisheries could undermine the research objectives 
and the reason for the research fishery.
    Comment 22: NMFS needs to increase both the quota and trip limit.
    Response: NMFS implemented the current quotas and trip limits based 
on the latest NMFS-conducted stock assessments for blacknose, blacktip, 
dusky, and sandbar sharks, and the LCS complex, which represent the 
best available science by independent peer reviewers. The current quota 
and trip limits are consistent with rebuilding targets established in 
the latest shark stock assessments. Any changes in quotas would be 
based on new, future stock assessments. Implementing sub-alternative 2B 
would allow NMFS to adjust the trip limits (0-33 sharks per trip) via 
inseason actions based on certain criteria and process. This 
alternative anticipates that the quotas for some fisheries, such as the 
non-sandbar LCS fisheries, would not last the entire fishing year and 
builds in flexibility to try to extend the availability of the quota. 
The goal of the alternative is to lengthen the season to provide, to 
the extent practicable, furtherance of equitable fishing opportunities 
for commercial shark fishermen in all regions and areas while also 
considering the ecological needs of the different species. Recently, 
NMFS announced an ANPR (75 FR 57235, September 20, 2010) to gather 
public participation in considering potential short- and long-term 
changes to the regulations governing the U.S. Atlantic shark fishery. 
One such change could be to increasing the trip limits.
    Comment 23: Fishermen fishing in the mid-Atlantic closed area 
cannot keep spinner or silky sharks caught on pelagic longline (PLL) 
gear due to the indicator species list in the regulations. The 
indicator species list needs to be re-visited.
    Response: The purpose of this rulemaking is to adjust quotas and 
opening dates for the 2011 shark season. The final rule is not 
reanalyzing the overall management measures in the 2006 Consolidated 
HMS FMP. In the 2006 Consolidated HMS FMP, NMFS establish a 5 percent 
limit (by weight) on the allowable amount of pelagic ``indicator'' 
species that bottom longline vessels may possess or land from PLL 
closed areas, and establish a 5 percent limit (by weight) on the 
allowable amount of ``indicator'' demersal species that PLL vessels may 
possess or land from BLL closed areas (as measured relative to the 
total weight of all ``indicator'' species). The establishment of 
quantifiable species-based criteria to differentiate between PLL and 
BLL fishing gear in closed areas should help to eliminate ambiguities, 
because PLL gear would logically be expected to capture pelagic species 
and vice-versa. The indicator species list improves the monitoring and 
effectiveness of, and compliance with, HMS closed areas. Recently, NMFS 
initiated an ANPR (75 FR 57235, September 20, 2010), to gather public 
participation in considering potential short- and long-term changes to 
the regulations governing the U.S. Atlantic shark fishery. This comment 
can be addressed during the ANPR.
Changes From the Proposed Rule
    NMFS made several changes to the proposed rule as described below.
    1. NMFS changed the opening date of the non-sandbar LCS fishery in 
the Gulf of Mexico in the final rule from on or about January 1 to 
March 1, 2010. This change is being made to address public comment and 
in accordance with the criteria and process being finalized in this 
rule under sub-alternative 2A. Specifically, in the proposed rule, NMFS 
proposed to open the non-sandbar LCS in the Gulf of Mexico region on 
the effective date of the final rule. As described in the response to 
comments above, NMFS received many public comments from fishermen and 
dealers regarding a change in the opening date for the Gulf of Mexico 
non-sandbar LCS fishery. These comments suggested changing the opening 
date to around the religious holiday of Lent (i.e., beginning March 9, 
2011) when shark products are said to be more marketable, in the 
beginning to the middle of March of 2011 to have a more equitable 
opportunity to harvest the non-sandbar LCS quota, and around the same 
time as it did in 2010 (i.e., February). After reviewing these comments 
and the criteria being finalized in this rule under sub-alternative 2A, 
NMFS decided to delay the opening of the non-sandbar LCS fishery in the 
Gulf of Mexico region until March 1, 2011. Delaying the opening of the 
non-sandbar LCS fishery in the Gulf of Mexico region balances the 
comments received from all constituents in the Gulf of Mexico region 
and should provide further equitable shark fishing opportunities to all 
participants in the Gulf of Mexico region, consistent with National 
Standard 4.
    2. NMFS made changes in the final quotas of the Gulf of Mexico non-
sandbar LCS, non-blacknose SCS, and porbeagle shark fisheries based on 
landings updates through October 31, 2010. At the time the proposed 
rule published, shark landings updates (through July 31, 2010) 
indicated that the commercial Gulf of Mexico non-sandbar LCS quota had 
been exceeded by 17.4 metric tons (mt) dw during the 2010 commercial 
shark fishing season. Since then, additional landings have been 
reported, which have the effect of reducing the final quota by a total 
of 38.6 mt dw. Also, landing reports indicated that, in 2010, the non-
blacknose SCS fishery was underharvested by 92.9 mt dw and the 
porbeagle shark fishery was overharvested by 0.1 mt dw.
    3. NMFS changed the names of the sub-alternative 1B (establish a 
new non-sandbar LCS trip limit that would extend the fishing season in 
the Gulf of Mexico region) and sub-alternative 1C (establish a new non-
sandbar LCS trip limit that would extend the fishing season in the 
Atlantic region) to better describe the original intent of the 
alternative. Also, NMFS clarified that the changes to the trip limit 
would occur at the beginning of the fishing season, and would remain 
static for the

[[Page 76309]]

remainder of that season, to help ensure quotas last the whole year.

2011 Annual Quotas

    This final rule adjusts the commercial quotas due to over- and/or 
underharvests in 2009 and 2010. The 2011 annual quotas by species and 
species group are summarized in Table 1. All dealer reports that are 
received by NMFS after October 31, 2010, will be used to adjust the 
2012 quotas, as appropriate.

                                                         Table 1--2011 Annual Quotas and Opening Dates for the Atlantic Shark Fisheries
                                               [All quotas and landings are dressed weight (dw), in metric tons (mt), unless specified otherwise]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                 Preliminary 2010        Overharvest/       2011 Base annual
          Species group                   Region           2010 Annual quota       landings \1\          underharvest          quota \2\            2011 Quota          Season opening dates
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         (A).................  (B).................  (C)................  (D)................  (D+C)..............
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Non-Sandbar Large Coastal Sharks.  Gulf of Mexico......  390.5 (860,896 lb     429.1 (946,052 lb     -38.6 (-85,156 lb    390.5 (860,896 lb    351.9 (775,740 lb    March 1, 2011.
                                                          dw).                  dw).                  dw).                 dw).                 dw).
                                   Atlantic............  169.7 (374,121 lb     142 (312,952 lb dw).  ...................  187.8 (414,024 lb    190.4 \3\ (419,756   July 15, 2011.
                                                          dw).                                                             dw).                 lb dw).
Non-Sandbar LCS Research Quota...  No Regional Quotas..  37.5 (82,673 lb dw).  33.3 (73,471 lb dw).  ...................  37.5 (82,673 lb dw)  37.5 (82,673 lb dw)  January 1, 2011.
Sandbar Research Quota...........  ....................  87.9 (193,784 lb dw)  53.8 (118,599 lb dw)  ...................  87.9 (193,784 lb     87.9 (193,784 lb     ............................
                                                                                                                           dw).                 dw).
Non-Blacknose Small Coastal        ....................  221.6 (488,539 lb     128.7 (283,821 lb     92.9 (204,718 lb     221.6 (488,539 lb    314.4 (693,257 lb    ............................
 Sharks.                                                  dw).                  dw).                  dw).                 dw).                 dw).
Blacknose Sharks.................  ....................  19.9 (43,872 lb dw).  14.5 (31,981 lb dw).  ...................  19.9 (43,872 lb dw)  19.9 (43,872 lb dw)  ............................
Blue Sharks......................  ....................  273 (601,856 lb dw).  3.5 (7,700 lb dw)...  ...................  273 (601,856 lb dw)  273 (601,856 lb dw)  ............................
Porbeagle Sharks.................  ....................  1.5 (3,307 lb dw)...  1.6 (3,576 lb dw)...  -0.1 (-269 lb dw)..  1.7 (3,748 lb dw)..  1.6 (3,479 lb dw)..  ............................
Pelagic Sharks Other Than          No Regional Quotas..  488 (1,075,856 lb     116.5 (256,800 lb     ...................  488 (1,075,856 lb    488 (1,075,856 lb    January 1, 2011.
 Porbeagle or Blue.                                       dw).                  dw).                                       dw).                 dw).
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Landings are from January 1, 2010, until October 31, 2010, and are subject to change.
\2\ 2010 annual base quotas for sandbar and non-sandbar LCS are the annual adjusted base quotas that are effective from July 24, 2008, until December 31, 2012 (50 CFR 635.27(b)(1)(iii) and
  (iv)).
\3\ NMFS intends to adjust the 2011 quota for Atlantic non-sandbar LCS to account for the 2.6 mt dw that was over estimated in the landings report in 2010 after the final rule establishing the
  2010 quota published.

1. 2011 Quotas for Non-Sandbar LCS and Sandbar Sharks Within the Shark 
Research Fishery

    Since no overharvests of the non-sandbar LCS and sandbar shark 
quotas within the shark research fishery occurred during the 2010 
fishing year, pursuant to Sec.  635.27(b)(1)(iii), the 2011 adjusted 
base annual quotas within the shark research fishery will be 37.5 mt dw 
(82,673 lb dw) for non-sandbar LCS and 87.9 mt dw (193,784 lb dw) for 
sandbar sharks.

2. 2011 Quotas for the Non-Sandbar LCS in the Gulf of Mexico Region

    Since an overharvest of 38.6 mt dw for the non-sandbar LCS quota 
for the Gulf of Mexico region occurred during the 2010 fishing year, 
pursuant to Sec.  635.27(b)(1)(i)(A), the 2011 adjusted base annual 
quota for non-sandbar LCS in the Gulf of Mexico region will be 351.9 mt 
dw (775,740 lb dw).

3. 2011 Quotas for the Non-Sandbar LCS in the Atlantic Region

    The 2011 annual quota for non-sandbar LCS in the Atlantic region is 
190.4 mt dw (419,756 lb dw). In the final rule establishing the 2010 
quotas (75 FR 250, January 5, 2010), NMFS accounted for an overharvest 
of non-sandbar LCS of 18.1 mt dw (39,903 lb dw) using data that were 
reported as of October 31, 2009. Between that date and December 31, 
2009, the reported landings dropped by 2.6 mt dw. This decline is due 
to normal quality control procedures that occur when updated data are 
supplied. As such, in accordance with Sec.  635.27(b)(1)(i), the amount 
that was deducted from the 2010 annual quota, based on preliminary 
numbers that were later corrected, will be added to the 2011 non-
sandbar LCS quota in the Atlantic region. Thus, the 2011 annual 
commercial non-sandbar LCS quota will be 190.4 mt dw (419,756 lb dw) 
(187.8 mt dw annual base quota + 2.6 mt dw 2009 overestimated landings 
= 190.4 mt dw 2011 adjusted annual quota).

4. 2011 Quotas for SCS and Pelagic Sharks

    Since no overharvests of blue sharks and pelagic sharks other than 
porbeagle or blue sharks occurred during the 2010 fishing year, 
pursuant to Sec.  635.27(b)(1)(v), the 2010 annual base quotas for blue 
sharks and pelagic sharks other than porbeagle or blue sharks will be 
273 mt dw (601,856 lb dw) and 488 mt dw (1,075,856 lb dw), 
respectively. NMFS does not apply underharvest to any of the pelagic 
sharks.
    Since the 2010 underharvest of the non-blacknose SCS complex was 
92.9 mt dw, pursuant to Sec.  635.27(b)(1)(i)(B), that amount will be 
applied to the 2011 quota. The 2011 adjusted base annual quota for non-
blacknose SCS will be 314.4 mt dw (693,257 lb dw).
    Since an overharvest of 0.1 mt dw for the porbeagle shark quota 
occurred during the 2010 fishing year, pursuant

[[Page 76310]]

to Sec.  635.27(b)(1)(i)(A), the 2011 adjusted base annual quota for 
porbeagle sharks will be 1.6 mt dw (3,479 lb dw).
Fishing Season Notification for the 2010 Atlantic Commercial Shark 
Fishing Season
    Based on the criteria and processes described in sub-alternative 2A 
in the final EA and public comment, the 2011 Atlantic commercial shark 
fishing season for the shark research, non-blacknose SCS, blacknose 
sharks, blue sharks, porbeagle sharks, and pelagic sharks (other than 
porbeagle and blue sharks) in the northwestern Atlantic Ocean, 
including the Gulf of Mexico and the Caribbean Sea, will open on 
January 1, 2011. The non-sandbar LCS in the Gulf of Mexico region will 
open on March 1, 2010. The non-sandbar LCS fishery in the Atlantic 
region will open on July 15, 2010.
    All of the shark fisheries will remain open until December 31, 
2011, unless NMFS determines that the fishing season landings for 
sandbar shark, non-sandbar LCS, blacknose, non-blacknose SCS, blue 
sharks, porbeagle sharks, or pelagic sharks (other than porbeagle or 
blue sharks) has reached, or is projected to reach, 80 percent of the 
available quota. At that time, consistent with 50 CFR 635.27(b)(1), 
NMFS will file for publication with the Office of the Federal Register 
a notice of closure for that shark species group and/or region that 
will be effective no fewer than 5 days from the date of filing. From 
the effective date and time of the closure until NMFS announces, via a 
notice in the Federal Register, that additional quota, if any, is 
available, the fishery for the shark species group and, for non-sandbar 
LCS, region will remain closed, even across fishing years, consistent 
with 50 CFR 635.28(b)(2). As a reminder, the blacknose and non-
blacknose SCS fisheries will close together when landings reach 80 
percent of either quota.

Classification

    NMFS has determined that this action is consistent with the 
Magnuson-Stevens Act, including the national standards, and other 
applicable law.
    Pursuant to 5 U.S.C. 553(d)(3), the Assistant Administrator (AA) 
for Fisheries has determined that there is good cause to waive the 30-
day delay in effective date for the pelagic shark, shark research, 
blacknose shark, and non-blacknose small coastal shark fisheries as 
such a delay would be contrary to the public interest. Providing a 30-
day delay in effectiveness for the opening of the pelagic shark, shark 
research, blacknose shark, and non-blacknose small coastal shark 
fisheries would be contrary to the public interest due to the negative 
economic impact on fisherman and on the fishery resource, and the 
diminished opportunity for collection of scientific data needed to 
manage the fisheries.
    Allowing for a delay in the effectiveness of this rule, which would 
result in the closure of the pelagic shark fishery from January 1, 
2011, until the effective date of this rule, could be detrimental to 
the management of these species because it may lead to the discard of 
any sharks caught by this fishery. In addition, discarding sharks could 
result in lost ex-vessel revenue for fishermen. In the case of the 
pelagic shark fishery (which includes blue, shortfin mako, porbeagle, 
common thresher, and oceanic whitetip sharks), this fishery is 
conducted as a bycatch fishery by those fishermen targeting other 
species such as swordfish, yellowfin tuna, and bigeye tuna. This 
incidental fishery continues throughout the year with no closure date 
anticipated in the FMP. If the provisions in this rule are not made 
effective on January, 1, 2011, there would be a break in the continuity 
of this fishery, which would force the fishermen to discard, dead or 
alive, any pelagic sharks that are caught. Such discards would not be 
counted against the commercial quota, which could negatively affect 
certain species such as porbeagle sharks, which has a limited quota and 
is closely monitored to ensure it is not exceeded. Under the rebuilding 
plan for porbeagle sharks, NMFS established a total allowable catch 
(TAC) of 11.3 mt dw based on current commercial landings of 1.7 mt dw, 
current commercial discards of 9.5 mt dw, and current recreational 
landings of 0.1 mt dw. As described in previous documents, estimating 
dead discards accurately is more difficult than accounting for 
landings. Landing fish, rather than discarding them dead, helps NMFS 
monitor the TAC properly in order to rebuild the porbeagle shark. 
Opening the fishery would ensure that any mortality associated with 
landings would be counted against the quota.
    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 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. Specifically, 
the shark research fishery allows for the collection of fishery-
dependent data for future stock assessments, including specific 
biological and other data that are priorities for improving future 
stock assessments, and allows NMFS and commercial fishermen to conduct 
cooperative research to meet the shark research objectives for NMFS. 
Some of the shark research objectives include collecting reproductive 
and age data, monitoring size distribution, and tagging studies. The 
information collected in early January could be used for future stock 
assessments. Delaying the opening of the shark research fishery would 
not allow NMFS the ability to maintain the time-series of abundance for 
shark species or collect vital biological and regional data. Preventing 
NMFS from conducting the necessary research trips could hinder the 
collection of scientific data and limit the ability of NMFS to manage 
the shark fisheries, which would be contrary to the public good.
    Regarding the blacknose shark and non-blacknose SCS fisheries, 
these fisheries have both a directed component, where fishermen target 
SCS, 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 SCS 
throughout the year. Delaying this action to allow for a 30-day delay 
in effectiveness would force all fishermen to discard, dead or alive, 
any SCS that are caught before this rule becomes effective. Such 
discards would not be counted against the commercial quota. Opening the 
fishery on January 1, 2011, would ensure that any mortality associated 
with landings would be counted against the quota. If these SCS 
fisheries did not open until the effective date of this rule, which is 
expected to be after January 1, 2011, the closure of the blacknose 
shark and non-blacknose SCS fisheries would occur during the time 
period when SCS fishermen typically fish for SCS species, and 
therefore, fishermen would experience negative economic impacts that 
would continue until the fisheries are opened. Additionally, fishermen 
who catch SCS incidental to their target catch would also experience 
negative economic impacts. For these reasons, the AA finds good cause 
to waive the 30-day delay in effectiveness.
    NMFS prepared a final EA for this rule that discusses the impact on 
the human environment as a result of this rule. In this final action, 
NMFS is adding flexibility to shark management measures by establishing 
criteria that would allow for delays to the opening date of the 
different shark species/complex fisheries each year as well as

[[Page 76311]]

allow for inseason adjustments to the shark trip limits, as 
appropriate, to extend the fishing season, as necessary. These measures 
are consistent with National Standard 4, which NMFS must not 
discriminate between residents of different States. Also, NMFS must 
consider fishing opportunities that are fair and equitable to all 
fishermen. A copy of the EA is available from NMFS (see ADDRESSES).
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    In compliance with section 604 of the Regulatory Flexibility Act 
(RFA), NMFS has prepared a Final Regulatory Flexibility Analysis (FRFA) 
for this final rule, which analyzed the impacts of adding flexibility 
to shark management measures and adjustments to the non-sandbar LCS, 
non-blacknose SCS, and porbeagle quotas based on over- and/or 
underharvests from the previous fishing season. The FRFA analyzes the 
anticipated economic impacts of the final actions and any significant 
economic impacts on small entities. A summary of the FRFA is below. The 
full FRFA and analysis of social and economic impacts are available 
from NMFS (see ADDRESSES).
    In compliance with section 604(a)(1) of the Regulatory Flexibility 
Act, the purpose of this final rulemaking is, consistent with the 
Magnuson-Stevens Act, to adjust the 2011 proposed quotas for non-
sandbar LCS, sandbar sharks, non-blacknose SCS, blacknose sharks, blue 
sharks, porbeagle sharks, and pelagic sharks (other than porbeagle or 
blue sharks) based on over- and/or underharvests from the previous 
fishing year. These adjustments are being implemented according to the 
regulations implemented for the 2006 Consolidated HMS FMP and its 
Amendments. Thus, NMFS would expect few, if any, economic impacts to 
fishermen other than those already analyzed in the 2006 Consolidated 
HMS FMP and its amendments. An additional purpose is to provide 
flexibility in the regulations to allow for a delay in the opening of 
the fishing season, and allow inseason adjustments in the trip limits 
to slow the fishery down during the season, as necessary. This 
flexibility is intended to provide, to the extent practicable, 
equitable opportunities across the fishing management region while also 
considering the ecological needs of the different species. While there 
are some direct negative economic impacts associated with the measures, 
NMFS is delaying the 2011 non-sandbar LCS shark fishery season in the 
Gulf of Mexico and Atlantic regions to allow for a more equitable 
distribution of the available quotas among constituents. A delay in the 
opening of the season in the Gulf of Mexico region until March 1, 2011, 
could potentially result in minor economic impacts to fishermen who 
would have to fish in other fisheries to make up for lost non-sandbar 
LCS revenues during January and February, while shark dealers and other 
entities that deal with shark products would experience minor economic 
impacts as they may have to diversify during the beginning of the 
season. A delay in the opening of the season in the Atlantic region 
until July 15, 2011, would potentially result in minor economic impacts 
to shark fishermen who would have fished earlier in the season, such as 
in the southeast Atlantic where sharks are available early in the 
fishing season. These shark fishermen would be able to fish for sharks 
later in the season when the sharks migrate south for the winter.
    Section 604(a)(2) of the Regulatory Flexibility Act requires NMFS 
to summarize significant issues raised by the public in response to the 
Initial Regulatory Flexibility Analysis (IRFA), a summary of NMFS' 
assessment of such issues, and a statement of any changes made as a 
result of the comments. The IRFA was done as part of the draft EA for 
the 2011 Atlantic Commercial Shark Season Specifications and was 
summarized in the proposed rule. NMFS did not receive any comments 
specific to the IRFA. However, NMFS did receive comments related to the 
overall economic impacts of the proposed rule. Those comments and NMFS' 
responses to them are mentioned above in the preamble for this rule. 
Almost all of the comments and responses relate to the comments in 1, 
2, 4, 7, 8, 10, and 14.
    Section 604(a)(3) requires Federal agencies to provide an estimate 
of the number of small entities to which the rule would apply. NMFS 
considers all HMS permit holders to be small entities because they 
either had gross receipts less than $3.5 million for fish-harvesting, 
gross receipts less than $6.0 million for charter/party boats, or 100 
or fewer employees for wholesale dealers. These are the Small Business 
Administration (SBA) size standards for defining a small versus large 
business entity in this industry.
    The commercial shark fishery is comprised of fishermen who hold a 
shark directed or incidental limited access permit (LAP) and the 
related industries including processors, bait houses, and equipment 
suppliers, all of which NMFS considers to be small entities according 
to the size standards set by the SBA. As of November 2009, there were a 
total of 503 commercial permit holders in the Atlantic shark fishery 
(221 directed and 282 incidental permits). On average, between 2008 and 
2009, approximately 47 vessels with directed shark permits and 15 
vessels with incidental shark permits had non-sandbar LCS landings. 
There were also a total of 105 Atlantic shark dealer permit holders as 
of November 2009. These active fishing vessels, in addition to State-
owned fishing vessels, and shark dealers would be the small entities to 
which the final rule would apply. A more detailed description of the 
fisheries affected the categories and number of permit holders can be 
found in Chapter 6 and Chapter 3 in the FEIS for Amendment 3.
    Section 604(a)(4) of the Regulatory Flexibility Act 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 alternatives considered for this 
final rule would result in additional reporting, recordkeeping, or 
compliance requirements.
    Section 604(a)(5) of the Regulatory Flexibility Act requires NMFS 
to describe the steps taken to minimize the significant economic impact 
on small entities consistent with the stated objectives of applicable 
statutes. Additionally, the Regulatory Flexibility Act (5 U.S.C. 
603(c)(1)-(4)) lists four general categories of ``significant'' 
alternatives that would assist an agency in the development of 
significant alternatives. 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 for small entities.
    In order to meet the objectives of this rule, consistent with the 
Magnuson-Stevens Act and the ESA, NMFS cannot exempt small entities or 
change the reporting requirements only for small entities. Thus, there 
are no alternatives discussed that fall under the first and fourth 
categories described above. In addition, none of the alternatives 
considered would result in additional reporting or compliance 
requirements (category two above). NMFS does not know of any 
performance or design standards that would satisfy the aforementioned 
objectives of this

[[Page 76312]]

rulemaking while, concurrently, complying with the Magnuson-Stevens 
Act. As described in the proposed rule (75 FR 57240, September 20, 
2010), NMFS analyzed two different main alternatives in this rulemaking 
with five sub-alternatives and provides justification for selection of 
the preferred alternative to achieve the desired objective.
    NMFS considered two main alternatives for the shark fishery in the 
short-term. One approach would be to maintain the status quo approach 
to trip limits (33 non-sandbar LCS/trip), as well as consider 
alternatives to allow flexibility regarding trip limits in order to 
extend fishing opportunities year-round. This approach would either 
maintain the current 33 non-sandbar LCS trip limits (sub-alternative 
1A) or consider reductions in the trip limits to ensure the fishing 
season extends throughout the year (sub-alternatives 1B and 1C). A 
second approach would be to allow flexibility in the opening of the 
season for Atlantic shark fisheries through the annual specifications 
process (sub-alternative 2A) and adjustments via inseason actions to 
shark trip limits in either region (sub-alternative 2B) to provide 
expanded opportunities for constituents across the fishery. In 
addition, having such flexibility would help NMFS respond throughout 
the management region to any future unanticipated large and small scale 
events.
    Under alternative 1, NMFS considered three sub-alternatives. Sub-
alternative 1A, the No Action alternative, would maintain the current 
vessel trip regulations for non-sandbar LCS. This would result in no 
additional impacts to small entities. Limited access directed shark 
permit holders would continue to be able to land up to 33 non-sandbar 
LCS per trip. On average, between 2008 and 2009, approximately 47 
vessels with directed shark permits and 15 vessels with incidental 
shark permits had non-sandbar LCS landings. The estimated total trip 
revenue for a maximum trip of 33 sharks is estimated to be $1,920 in 
the Gulf of Mexico and $1,767 in the Atlantic. However, this trip limit 
has resulted in shortened fishing seasons in 2009 and 2010 due to 
regional non-sandbar LCS quotas being filled before the end of the 
fishing year. Fishermen in some areas, such as the North Atlantic, were 
not able to harvest a portion of the 2009 non-sandbar LCS quota as the 
quota was harvested before shark migrated to northern waters in the 
Atlantic in 2009. As such, sub-alternative 1A is not likely to meet the 
objective of this rule to provide fishery participants an equal 
opportunity, to the extent practicable, to harvest the shark quotas.
    Sub-alternative 1B would establish a new non-sandbar LCS trip limit 
at the beginning of the shark fishing season, which would remain static 
for the remainder of the fishing season, and would extend the fishing 
season in the Gulf of Mexico region. On average between 2008 and 2009, 
approximately 20 vessels with directed shark permits and 4 vessels with 
incidental shark permits had non-sandbar LCS landings in the Gulf of 
Mexico region. The direct economic impacts to shark fishermen in the 
Gulf of Mexico region would depend on the reduction in the trip limit. 
Approximately 81 percent of the Gulf of Mexico trips retained 29 or 
fewer non-sandbar LCS per trip. Therefore, for a majority of trips, 
NMFS anticipates that a reduction in the trip limit from 33 non-sandbar 
LCS to 29 non-sandbar LCS would have a neutral impact on fishermen as 
fishing and business practices are not anticipated to change due to 
such a reduction. Reducing the trip limit from 33 non-sandbar LCS to 29 
non-sandbar LCS would potentially reduce the maximum revenue per trip 
from non-sandbar LCS by on average $233 per trip in the Gulf of Mexico. 
This estimate is based on the average non-sandbar shark weight and 2009 
median ex-vessel prices for non-sandbar LCS and shark fins in the Gulf 
of Mexico region. Approximately 18 percent may lose additional gross 
revenues on a trip basis as they were landing more than 33 non-sandbar 
LCS according to Coastal Fisheries data. In addition, on average, 
vessels in the Gulf of Mexico region retained 21 non-sandbar LCS per 
trip; however, the average trip landing numbers of non-sandbar LCS 
varied by month. If the trip limit were reduced to 21 non-sandbar LCS 
per trip, this could reduce gross revenues per trip from $1,920 to 
$1,222. While, on average, fishermen may only retain 21 non-sandbar 
LCS, such a reduction would preclude fishermen from being able to keep 
additional sharks (up to 33 non-sandbar LCS per trip). Therefore, such 
a reduction may change how they fish. It may also result in additional 
trips within a day to make up for lost individual trip revenues, which 
could result in higher fuel costs, longer fishing days, and increased 
time away from home. All of these factors are expected to result in 
negative economic impacts in the short-term.
    Reducing the trip limit below 21 non-sandbar LCS per trip would be 
expected to result in economic impacts as it would further reduce gross 
revenues for shark fishermen on a trip basis. The reduction in gross 
revenues would range from $756 to $1,920 for a trip limit of 20 to 0 
non-sandbar LCS. The lowest average number of non-sandbar LCS retained 
was 11 non-sandbar LCS per trip during the month of September, which 
equates to $640 in gross revenues per trip. Such reductions in the trip 
limits could translate into fishermen making multiple trips within a 
day to make up for lost individual trip revenues, which could result in 
higher fuel costs, longer fishing days, and increased time away from 
home. However, NMFS anticipates that at some reduced trip limit, 
directed shark fishermen would stop targeting sharks because it would 
no longer be economically viable. At this point, NMFS expects that 
shark fishermen would target other species and retain sharks 
incidentally as anticipated under Amendment 2, and, therefore, the 
economic impacts in terms of changes in fishing practices and 
diversifying fishing opportunities on other species to make up for lost 
shark revenues would be the same as described in Amendment 2.
    Sub-alternative 1C would establish a new non-sandbar LCS trip limit 
at the beginning of the shark fishing season, which would remain static 
for the remainder of the fishing season, and would extend the fishing 
season in the Atlantic region. On average between 2008 and 2009, 
approximately 27 vessels with directed shark permits and 11 vessels 
with incidental shark permits had non-sandbar LCS landings in the 
Atlantic region. The direct impacts to shark fishermen in the Atlantic 
region would depend on the reduction in the trip limit. As explained 
above, approximately 81 percent of the Atlantic trips retained 27 or 
fewer non-sandbar LCS per trip. Therefore, for a majority of the trips, 
NMFS anticipates that a reduction in the trip limit would have minimal 
economic impacts on fishermen if the trip limit were reduced from the 
33 non-sandbar LCS to 27 non-sandbar LCS as fishing and business 
practices would not be anticipated to change with such a reduction. 
Approximately 11 percent may lose additional gross revenues on a trip 
basis as they were landing more than 33 non-sandbar LCS according to 
Coastal Fisheries data. In addition, on average, vessels in the 
Atlantic region retained 13 non-sandbar LCS per trip; however, the 
average trip landing numbers of non-sandbar LCS varied by month. If the 
trip limit was reduced to 13 non-sandbar LCS per trip, this could 
reduce potential gross revenues per trip from $1,767 to $696. However, 
on average, fishermen did not retain 33 non-sandbar

[[Page 76313]]

LCS per trip during any month of the year. In addition, during 6 of the 
12 months fishermen retained fewer than the overall monthly average 
retention of 13 non-sandbar LCS per trip. Therefore, such a reduction 
in the trip limit 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.
    Reducing the trip limit below 13 non-sandbar LCS per trip would be 
expected to result in moderate adverse direct economic impacts as it 
would most likely reduce gross revenues for shark fishermen in the 
short-term. It is expected that fishermen would stop fishing for sharks 
as it would no longer be profitable. The reduction in gross revenues 
would range from $1,125 to $1,767 for 12 to 0 non-sandbar LCS per trip. 
The lowest average number of non-sandbar LCS retained was 8 non-sandbar 
LCS per trip during the month of June, which equates to $428 in gross 
revenues per trip. These reductions in the trip limits could translate 
into fishermen making multiple trips within a day to make up for lost 
individual trip revenues, which could result in higher fuel costs, 
longer fishing days, and increased time away from home. However, NMFS 
anticipates that at some reduced trip limit level, directed shark 
fishermen would stop targeting sharks because it would no longer be 
economically viable. At this point, NMFS expects that shark fishermen 
would target other species and retain sharks incidentally as 
anticipated under Amendment 2, and therefore, the socioeconomic impacts 
in terms of changes in fishing practices and diversifying fishing on 
other species to make up for lost shark revenues would be the same as 
described in Amendment 2.
    Under alternative 2, NMFS preferred two sub-alternatives. Sub-
alternative 2A would establish new opening dates for the shark 
fisheries through the annual specifications process in the Atlantic and 
Gulf of Mexico regions based on certain criteria and process. Sub-
alternative 2A could potentially affect the 221 directed and 282 
incidental shark permit holders along with the 105 shark dealers. NMFS 
plans to review the criteria, described in Chapter 2 of the final EA, 
on an annual basis to determine when to open each fishery at equitable 
and beneficial times for fishermen while also considering the 
ecological needs of the different species. The opening of the fishing 
season through the annual specifications process could vary based on 
the available annual quota, catch rates, and number of fishing 
participants during the year. For the 2011 fishing season, NMFS would 
open the shark research, blacknose shark, non-blacknose SCS, and 
pelagic shark fisheries upon the effective date of the final rule for 
this action. The direct and indirect socioeconomic impacts would be 
neutral on a short- and long-term basis because NMFS would not change 
the opening dates of these fisheries from the status quo alternative. 
NMFS would also delay the opening of the non-sandbar LCS in the 
Atlantic region until July 15, 2011, which would be the same opening 
date as the 2010 fishing season. The delay in the Atlantic non-sandbar 
LCS fishing season would result in short- and long-term, direct, minor, 
adverse socioeconomic impacts as fishermen would have to fish in other 
fisheries to make up for lost non-sandbar LCS revenues at the beginning 
of the 2011 fishing season. The short- and long-term effects for 
delaying the season would cause indirect, minor, adverse socioeconomic 
impacts on shark dealers and other entities that deal with shark 
products as they may have to diversify during the beginning of the 
season when non-sandbar LCS shark products would not be available. This 
would be most prevalent in areas of the southeast Atlantic where non-
sandbar LCS are available early in the fishing season. The delay in the 
non-sandbar LCS fishing season could cause changes in ex-vessel prices. 
In 2009, the median ex-vessel price of LCS meat in January was 
approximately $0.25 per pound dress weight in the Gulf of Mexico and 
$0.45 in the South Atlantic region, while the median ex-vessel price in 
July of 2008 was $0.45 in the Gulf of Mexico and $0.75 in the South 
Atlantic. The median ex-vessel price for shark fins in January was 
$17.00 per pound in the Gulf of Mexico and $16.00 in the South 
Atlantic. When the LCS fishery opened in July, the average price for 
fins was approximately $14.00 per pound in the Gulf of Mexico and 
$12.00 per pound in the South Atlantic passed on 2008 prices. Since the 
North Atlantic had a very limited 2009 non-sandbar LCS fishing season, 
the ex-vessel prices for 2008 were used for the comparison.
    In the North Atlantic, the delayed opening for the non-sandbar LCS 
would have direct, minor, beneficial socioeconomic impacts in the 
short- and long-term for fishermen as they would have access to the 
non-sandbar LCS quota in 2011. Fishermen in the North Atlantic did not 
have or had a limited access to the non-sandbar LCS quota in 2009. 
There would be indirect, minor, beneficial socioeconomic impacts in the 
short- and long-term for shark dealers and other entities that deal 
with shark products in this area as they would also have access to non-
sandbar LCS products in 2011. Thus, delaying the non-sandbar LCS 
seasons under the preferred alternative would cause neutral cumulative 
socioeconomic impacts, since it would allow the furtherance of 
equitable fishing opportunities to the extent practicable for 
commercial shark fishermen in all regions and areas, which was the 
original intent of Amendment 2.
    Based on public comment, NMFS is changing the opening date of the 
non-sandbar LCS fishery in the Gulf of Mexico region in this final rule 
according to the criteria and process described in sub-alternative 2A. 
In the proposed rule, NMFS proposed to open the non-sandbar LCS in the 
Gulf of Mexico region upon the effective date of the final rule for 
this action. NMFS received public comments from fishermen and dealers 
to change the opening date for the Gulf of Mexico non-sandbar LCS 
fishery. The comments received supported the non-sandbar LCS fishery 
opening around the religious holiday of Lent (i.e., beginning March 9, 
2011) when shark products are more marketable. Florida-based fishermen 
wanted the non-sandbar LCS fishery in the Gulf of Mexico region to open 
in the beginning to middle of March in 2011 to have a more equitable 
opportunity to harvest the non-sandbar LCS quota. However, Louisiana-
based fishermen requested that the non-sandbar LCS fishery open around 
the same time as it did in 2010 (i.e., February) as many other 
fisheries are closed during this time period. Based on these public 
comments and a review of the criteria in sub-alternative 2A, NMFS is 
delaying the opening of the non-sandbar LCS fishery in the Gulf of 
Mexico region until March 1, 2011. NMFS believes delaying the opening 
of the non-sandbar LCS fishery balances comments received from all 
fishermen and dealers throughout that region with regard to the opening 
of the non-sandbar LCS fishery and provides further equitable shark 
fishing opportunities to all participants in the Gulf of Mexico region. 
The delay in the Gulf of Mexico non-sandbar LCS fishing season could 
result in short-term direct, minor, adverse socioeconomic impacts as 
fishermen would have to fish in other fisheries to make up for lost 
non-sandbar LCS revenues during January and February of the 2011 
fishing season. The short-term effects for delaying the season could 
cause indirect, minor, adverse socioeconomic impacts on

[[Page 76314]]

shark dealers and other entities that deal with shark products as they 
may have to diversify during the beginning of the season when non-
sandbar LCS shark products would not be available. However, long-term 
direct and indirect impacts are not anticipated as the delay would only 
be two months for the 2011 fishing season. In addition, NMFS does not 
anticipate that the delay would result in changes in ex-vessel prices 
as 2009 median ex-vessel prices for non-sandbar LCS meat and fins in 
the Gulf of Mexico region ranged from $0.25-$0.35/lb dw and $17.00 to 
$15.00/lb dw, respectively, from January through March.
    Sub-alternative 2B would establish new inseason trip limit 
adjustment criteria for the Gulf of Mexico and Atlantic regions. Sub-
alternative 2B would allow NMFS to adjust the shark trip limit through 
inseason actions, but would not adjust the overall shark quotas for the 
Gulf of Mexico and Atlantic regions. According to Amendment 2, this 
sub-alternative is anticipated to have direct and indirect, short-term, 
neutral socioeconomic impact in the Gulf of Mexico and Atlantic 
regions, because changing the non-sandbar LCS trip limits inseason 
would not limit the overall harvest of non-sandbar LCS, but would 
provide the mechanism to modify the harvest spatially and temporally to 
allow furtherance of equitable fishing opportunities, to the extent 
practicable, for commercial shark fishermen in all regions and areas. 
Directed fishing on non-sandbar LCS or any shark species would continue 
as long as the trip limit is high enough to make it economically 
viable. Data described in Chapter 4 of the final EA shows that since 
the implementation of Amendment 2, directed shark fishing trips land, 
on average, 21 non-sandbar LCS in the Gulf of Mexico region, and 13 
non-sandbar LCS in the Atlantic region. NMFS has not been able to 
determine at what trip limit fishermen stop targeting non-sandbar LCS. 
A range of trip limits have been further analyzed in alternatives 1B 
and 1C, and the socioeconomic impacts associated with the range of trip 
limits are described above under sub-alternatives 1B and 1C. Trip 
limits set at levels too low for fishermen to continue targeting sharks 
would likely lead to shifts in effort to other fisheries, similar to 
effort shifts experienced during closures of the non-sandbar LCS 
fishery in 2009 and 2010. The criteria for changing the trip limits 
during the season, as outlined in Chapter 2 in the final EA, takes into 
account opportunities for the furtherance of equitable fishing 
opportunities, to the extent practicable, for commercial shark 
fishermen in all regions and areas and ecological considerations of the 
relevant shark stock, but would not restrict or reduce the current 
quota. If trip limits are set in a manner that is beneficial to the 
ecological needs of the relevant shark species, their populations may 
increase in the long-term, which could allow for increased quota levels 
in the future. Therefore, minor, beneficial long-term direct, indirect, 
and cumulative socioeconomic impacts may occur based on sub-alternative 
2B in the long-term.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations, Imports, 
Penalties, Reporting and recordkeeping requirements, Treaties.

    Dated: December 1, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

0
For reasons set out in the preamble, 50 CFR part 635 is amended as 
follows:

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

0
1. The authority citation for part 635 continues to read as follows:

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


0
2. In Sec.  635.24, paragraph (a)(8) is added to read as follows:


Sec.  635.24  Commercial retention limits for sharks and swordfish.

* * * * *
    (a) * * *
    (8) Inseason trip limit adjustment criteria. NMFS will file with 
the Office of the Federal Register for publication notification of any 
inseason adjustments to trip limits. Before making any adjustment, NMFS 
will consider the following criteria and other relevant factors:
    (i) The amount of remaining shark quota in the relevant area or 
region, to date, based on dealer reports;
    (ii) The catch rates of the relevant shark species/complexes, to 
date, based on dealer reports;
    (iii) Estimated date of fishery closure based on when the landings 
are projected to reach 80 percent of the quota given the realized catch 
rates;
    (iv) Effects of the adjustment on accomplishing the objectives of 
the 2006 Consolidated HMS FMP and its amendments;
    (v) Variations in seasonal distribution, abundance, or migratory 
patterns of the relevant shark species based on scientific and fishery-
based knowledge; and/or
    (vi) 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.
* * * * *

0
3. In Sec.  635.27:
0
A. Paragraphs (b)(1)(ii) through (b)(1)(vi) are redesignated as 
paragraphs (b)(1)(iii) through (b)(1)(vii), respectively.
0
B. Paragraph (b)(1)(ii) is added to read as follows:


Sec.  635.27  Quotas.

* * * * *
    (b) * * *
    (1) * * *
    (ii) Opening fishing season criteria. NMFS will file with the 
Office of the Federal Register for publication notification of the 
opening dates of the shark fishery for each species/complex. Before 
making any decisions, NMFS would consider the following criteria and 
other relevant factors in establishing the opening dates:
    (A) The available annual quotas for the current fishing season for 
the different species/complexes based on any over- and/or underharvests 
experienced during the previous commercial shark fishing seasons;
    (B) Estimated season length based on available quota(s) and average 
weekly catch rates of different species/complexes in the Atlantic and 
Gulf of Mexico regions from the previous years;
    (C) Length of the season for the different species/complexes in the 
previous years and whether fishermen were able to participate in the 
fishery in those years;
    (D) Variations in seasonal distribution, abundance, or migratory 
patterns of the different species/complexes based on scientific and 
fishery information;
    (E) 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/complexes 
quotas;
    (F) Effects of the adjustment on accomplishing the objectives of 
the 2006 Consolidated HMS FMP and its amendments; and/or,
    (G) Effects of a delayed opening with regard to fishing 
opportunities in other fisheries.
* * * * *
[FR Doc. 2010-30688 Filed 12-7-10; 8:45 am]
BILLING CODE 3510-22-P