[Federal Register Volume 75, Number 232 (Friday, December 3, 2010)]
[Rules and Regulations]
[Page 75416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30389]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 0906221072-91425-02]
RIN 0648-XA052


Atlantic Highly Migratory Species; Inseason Action To Close the 
Commercial Non-Sandbar Large Coastal Shark Fishery in the Atlantic 
Region

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

ACTION: Fishery closures.

-----------------------------------------------------------------------

SUMMARY: NMFS is closing the commercial fishery for non-sandbar large 
coastal sharks (LCS) in the Atlantic region. This action is necessary 
because landings in this fishery have exceeded 80 percent of the 
available quota.

DATES: The commercial non-sandbar LCS fishery in the Atlantic region is 
closed effective 11:30 p.m. local time, December 5, 2010, until the 
effective date of the final 2011 shark season specifications, which 
NMFS will publish as a separate document in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz or Guy DuBeck, 
301-713-2347; (fax) 301-713-1917.

SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed 
under the 2006 Consolidated Atlantic Highly Migratory Species (HMS) 
Fishery Management Plan (FMP), its amendments, and its implementing 
regulations found at 50 CFR part 635 issued under authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.).
    Under Sec.  635.5(b)(1), shark dealers are required to report to 
NMFS all sharks landed every two weeks. Dealer reports for fish 
received between the 1st and 15th of any month must be received by NMFS 
by the 25th of that month. Dealer reports for fish received between the 
16th and the end of any month must be received by NMFS by the 10th of 
the following month. Under Sec.  635.28(b)(2), when NMFS projects that 
fishing season landings for a species group have reached or are about 
to reach 80 percent of the available quota, NMFS will file for 
publication with the Office of the Federal Register a notice of closure 
for that shark species group 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 is available and the season is reopened, the 
fishery for that species group is closed, even across fishing years.
    On January 5, 2010 (75 FR 250), NMFS announced that the non-sandbar 
LCS fishery quota in the Atlantic region for the 2010 fishing year 
would be 169.7 metric tons (mt) dressed weight (dw) (374,121 lb dw). 
Dealer reports through October 31, 2010, indicate that 142 mt dw or 
83.6 percent of the available quota for non-sandbar LCS Atlantic 
fishery has been landed. The fishery has to date reached 83.6 percent 
of the quota, which exceeds the 80 percent limit specified in the 
regulations. Dealer reports received to date indicate that 13.1 percent 
of the quota was landed from the opening of the fishery on July 15, 
2010, through July 31, 2010; 31.9 percent of the quota was landed in 
August; 22.9 percent of the quota was landed in September; and 15.7 
percent of the quota was landed in October. Accordingly, NMFS is 
closing the commercial non-sandbar LCS fishery in the Atlantic region 
as of 11:30 p.m. local time, December 5, 2010. This closure does not 
affect any other shark fishery.
    As such, as of 11:30 p.m. local time, December 5, 2010, all 
commercial non-sandbar LCS fisheries in all regions and fisheries will 
be closed. All of the pelagic shark fisheries will remain open.
    During this closure, a fishing vessel, issued an Atlantic Shark 
LAP, pursuant to Sec.  635.4, may not possess or sell a non-sandbar 
LCS. A shark dealer, issued a permit pursuant to Sec.  635.4, may not 
purchase or receive non-sandbar LCS from a vessel issued an Atlantic 
Shark LAP, except that a permitted shark dealer or processor may 
possess sharks that were harvested, off-loaded, and sold, traded, or 
bartered, prior to the effective date of the closure and were held in 
storage. Additionally, a shark dealer issued a Federal permit, pursuant 
to Sec.  635.4, may in accordance with state regulations, purchase or 
receive a non-sandbar LCS if the shark was harvested, off-loaded, and 
sold, traded, or bartered from a vessel that fishes only in state 
waters and had not been issued an Atlantic Shark LAP, HMS Angling 
permit, or HMS Charter/Headboat permit pursuant to Sec.  635.4.

Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for 
Fisheries, NOAA (AA), finds that providing for prior notice and public 
comment for this action is impracticable and contrary to the public 
interest because the fisheries are currently under way, and any delay 
in this action would cause overharvest of the quotas and be 
inconsistent with management requirements and objectives. Similarly, 
affording prior notice and opportunity for public comment on this 
action is contrary to the public interest because if the quotas are 
exceeded, the affected public is likely to experience reductions in the 
available quotas and a lack of fishing opportunities in future seasons. 
Thus, for these reasons, the AA also finds good cause to waive the 30-
day delay in effective date pursuant to 5 U.S.C. 553(d)(3). This action 
is required under 50 CFR 635.28(b)(2) and is exempt from review under 
Executive Order 12866.

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

    Dated: November 30, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-30389 Filed 11-30-10; 4:15 pm]
BILLING CODE 3510-22-P