[Federal Register Volume 74, Number 192 (Tuesday, October 6, 2009)]
[Rules and Regulations]
[Pages 51241-51242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23951]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

RIN 0648-XR10


Atlantic Highly Migratory Species; Inseason Action to Close the 
Commercial Sandbar Shark Research Fishery

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

ACTION: Fishery closure.

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SUMMARY:  NMFS is closing the commercial sandbar shark research 
fishery. This action is necessary because NMFS estimated that landings 
in this fishery have exceeded 80 percent of the available quota.

DATES:  The commercial sandbar shark research fishery is closed 
effective 11:30 p.m. local time October 13, 2009, until the effective 
date of the final 2010 shark season specifications in which NMFS will 
publish a separate document in the Federal Register.

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

SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed 
under the 2006 Consolidated Atlantic Highly Migratory Species (HMS) 
Fishery Management Plan (FMP), its amendments, and its implementing 
regulations found at 50 CFR part 635 and issued under authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.).
    Under Sec.  635.5(b)(1), shark dealers are required to report to 
NMFS, every two weeks, on all Atlantic sharks they have received. 
Dealer reports for fish received between the 1st and 15th of the month 
must be received by NMFS by the 25th of that month. Dealer reports for 
fish received between the 16th and the end of any month must be 
received by NMFS by the 10th of the following month. In addition, shark 
landings within the shark research fishery are monitored via scientific 
observer reports. Under 50 CFR 635.28(b)(2), when NMFS projects that 
fishing season landings for a specific shark quota have reached or are 
about to reach 80 percent of the available quota, NMFS will file for 
publication with the Office of the Federal Register a notice of closure 
for that shark species group that will be effective no fewer than 5 
days from the

[[Page 51242]]

date of filing. From the effective date and time of the closure until 
NMFS announces, via a notice in the Federal Register, that additional 
quota is available and the season is reopened, the fishery for that 
specific quota is closed, even across fishing years.
    On December 24, 2008, NMFS announced that the sandbar shark quota 
for the shark research fishery for the 2009 fishing year would be 87.5 
metric tons (mt) dressed weight (dw) (193,784 lb dw). Scientific 
observer reports received through June 26, 2009, and dealer reports 
through August 26, 2009, indicate that 79.6 mt dw or 90.5 percent of 
the available quota for the sandbar shark research fishery has been 
taken. Accordingly, NMFS is closing the commercial sandbar shark 
research fishery as of 11:30 p.m. local time October 13, 2009. The SCS 
and pelagic shark fisheries will remain open.
    During this closure, a fishing vessel, issued an Atlantic Shark 
Limited Access Permit (LAP) pursuant to Sec.  635.4, may not possess or 
sell a sandbar shark, except under the conditions specified in Sec.  
635.22(a) and (c) or if the vessel possesses a valid shark research 
permit under Sec.  635.32 and an NMFS-approved observer is onboard. A 
shark dealer, issued a permit pursuant to Sec.  635.4, may not purchase 
or receive sandbar sharks, except that a permitted shark dealer or 
processor may possess sandbar sharks that were harvested, off-loaded, 
and sold, traded, or bartered, prior to the effective date of the 
closure and were held in storage. Additionally, a shark dealer issued a 
Federal permit, pursuant to Sec.  635.4 may, in accordance with state 
regulations, purchase or receive a sandbar shark if the shark was 
harvested, off-loaded, and sold, traded, or bartered from a vessel that 
fishes only in state waters and had not been issued a Shark LAP, HMS 
Angling permit, or HMS CHB permit under Sec.  635.4.

Classification

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

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

    Dated: September 29, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-23951 Filed 10-5-09; 8:45 am]
BILLING CODE 3510-22-S