76302 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Rules and Regulations 

Point North lat. West long. 

C ........................................................................ 29°00′ ............................................................... 87°30′. 

D ........................................................................ 29°00′ ............................................................... 88°30′. 

E ........................................................................ 28°30′ ............................................................... 88°30′. 

F ......................................................................... 28°30′ ............................................................... 89°00′. 

G ........................................................................ LA State/EEZ boundary ................................... 89°00′. 

From point G follow the state/EEZ boundary 

back to point A.

A ........................................................................ 29°30′ ............................................................... LA State/EEZ boundary. 

This rule will remain in effect for 60 

days. 

Classification 

This action is issued pursuant to 

section 305(c) of the Magnuson-Stevens 

Act, 16 U.S.C. 1855(c). 

This rulemaking is a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866. The Department 

of Commerce has notified the Office of 

Management and Budget Office of 

Information and Regulatory Affairs 

(OMB/OIRA) under section 6(a)(3)(D) of 

the Executive Order, and OMB/OIRA 

agrees, that NOAA is promulgating this 

action in an emergency situation and 

that normal Executive Order review is 

not practicable at this time. For this 

reason, OMB/OIRA has not reviewed 

this notice under EO 12866. 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds good cause 

under 5 U.S.C. 553(b)(B) to waive prior 

notice and the opportunity for public 

comment. Prior notice and the 

opportunity for public comment would 

be impracticable and contrary to the 

public interest, as delaying this action is 

a seafood safety concern and could 

result in compromised seafood products 

reaching the public. This temporary 

emergency rule prohibits royal red 

shrimp fishing in the area of the Gulf 

EEZ identified in a temporary 

emergency rule published December 1, 

2010 (75 FR 74648) and supersedes that 

temporary emergency rule. NMFS will 

continue to investigate the deepwater 

area where the majority of the royal red 

shrimp fishing effort occurs by sampling 

the area for tar balls, to determine tar 

ball distribution across the area and to 

determine if the tar balls originated from 

the Deepwater Horizon MC252 incident. 

NMFS is concerned that seafood may 

have interacted with the tar balls. The 

FDA considers such seafood to be 

adulterated. This temporary emergency 

rule is necessary to prevent the harvest 

of adulterated seafood products. 

For the reasons stated above, the AA 

also finds good cause to waive the 30- 

day delay in effective date of this rule 

under 5 U.S.C 553(d)(3). 

Because prior notice and opportunity 

for public comment are not required for 

this rule by 5 U.S.C. 553 or any other 

law, the analytical requirements of the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq. are inapplicable. 

List of Subject in 50 CFR Part 622 

Fisheries, Fishing, Puerto Rico, 

Reporting and recordkeeping 

requirements, Virgin Islands. 

Dated: December 2, 2010. 

Eric C. Schwaab, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 622 is amended 

as follows: 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF, AND SOUTH 

ATLANTIC 

■ 1. The authority citation for part 622 

continues to read as follows: 

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

■ 2. In § 622.34, paragraph (w) is added 

to read as follows: 

§ 622.34 Gulf EEZ seasonal and/or area 

closures. 

* * * * * 

(w) Gulf EEZ area closure related to 

Deepwater Horizon oil spill. Effective 

December 3, 2010, all fishing is 

prohibited in the portion of the Gulf 

EEZ identified in the map shown on the 

NMFS Web site: http://sero.nmfs.noaa.

gov/deepwater_horizon_oil_spill.htm. 

[FR Doc. 2010–30870 Filed 12–3–10; 4:15 pm] 

BILLING CODE 3510–22–P 

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. 

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 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Rules and Regulations 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 nonblacknose 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 MagnusonStevens 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 MagnusonStevens 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 subalternatives) 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 nonsandbar 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 nonblacknose 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 subalternatives 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 yearround 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 derbystyle 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 


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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 nonsandbar 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 nonsandbar LCS were reported by dealers 

from North Carolina. In 2009, when the 

fishery was opened during January 

through July, 317,050 lb dw of nonsandbar 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 exvessel 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 nonsandbar LCS fishery was not open 

during this time period in 2009). From 

January through March, median exvessel 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 


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Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Rules and Regulations 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 nonsandbar 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 


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76306 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Rules and Regulations 

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 nonsandbar 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 Federallypermitted 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 nonsandbar 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 


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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 nonsandbar 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 yearround 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 nonsandbar 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 nonsandbar 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 


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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 fisherydependent 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 subalternative 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 nonsandbar 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 revisited. 

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 longterm 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 nonsandbar 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 subalternative 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 nonsandbar 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 nonsandbar 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 nonblacknose 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 nonsandbar 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 


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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] 

Species group Region 2010 Annual 

quota 

Preliminary 

2010 landings 1

Overharvest/ 

underharvest 

2011 Base 

annual 

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 

dw).

429.1 

(946,052 lb 

dw).

¥38.6 

(¥85,156 

lb dw).

390.5 

(860,896 lb 

dw).

351.9 

(775,740 lb 

dw).

March 1, 2011. 

Atlantic ........ 169.7 

(374,121 lb 

dw).

142 (312,952 

lb dw).

..................... 187.8 

(414,024 lb 

dw).

190.4 3

(419,756 lb 

dw).

July 15, 2011. 

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 

dw).

87.9 

(193,784 lb 

dw).

Non-Blacknose Small 

Coastal Sharks.

..................... 221.6 

(488,539 lb 

dw).

128.7 

(283,821 lb 

dw).

92.9 

(204,718 lb 

dw).

221.6 

(488,539 lb 

dw).

314.4 

(693,257 lb 

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 

Porbeagle or Blue.

No Regional 

Quotas.

488 

(1,075,856 

lb dw).

116.5 

(256,800 lb 

dw).

..................... 488 

(1,075,856 

lb dw).

488 

(1,075,856 

lb dw).

January 1, 2011. 

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 nonsandbar LCS and sandbar shark quotas 

within the shark research fishery 

occurred during the 2010 fishing year, 

pursuant to § 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 

§ 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 nonsandbar 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 nonsandbar 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 § 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 

§ 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 § 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 


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to § 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, nonblacknose 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, nonsandbar 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 nonsandbar LCS, region will remain closed, 

even across fishing years, consistent 

with 50 CFR 635.28(b)(2). As a 

reminder, the blacknose and nonblacknose SCS fisheries will close 

together when landings reach 80 percent 

of either quota. 

Classification 

NMFS has determined that this action 

is consistent with the MagnusonStevens 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 


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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 nonsandbar 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 fishharvesting, 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 nonsandbar 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 MagnusonStevens 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 


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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 yearround. 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 (subalternative 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. Subalternative 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 nonsandbar 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, subalternative 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 nonsandbar 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 nonsandbar 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 nonsandbar LCS, such a reduction would 

preclude fishermen from being able to 

keep additional sharks (up to 33 nonsandbar 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 nonsandbar 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 nonsandbar 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 nonsandbar 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 nonsandbar 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 


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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 nonsandbar 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 nonsandbar LCS retained was 8 nonsandbar 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. Subalternative 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 shortand 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 exvessel 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 nonsandbar 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 nonsandbar 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 nonsandbar 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 nonsandbar 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 


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76314 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Rules and Regulations 

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 nonsandbar 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 nonsandbar 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 subalternatives 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. 

■ For reasons set out in the preamble, 50 

CFR part 635 is amended as follows: 

PART 635—ATLANTIC HIGHLY 

MIGRATORY SPECIES 

■ 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. 

■ 2. In § 635.24, paragraph (a)(8) is 

added to read as follows: 

§ 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. 

* * * * * 

■ 3. In § 635.27: 

■ A. Paragraphs (b)(1)(ii) through 

(b)(1)(vi) are redesignated as paragraphs 

(b)(1)(iii) through (b)(1)(vii), 

respectively. 

■ B. Paragraph (b)(1)(ii) is added to read 

as follows: 

§ 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 


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