42452 Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Rules and Regulations 

anticipated from necessary reductions 

in 2019. 

A delay in implementing the new 

catch limits will increase the likelihood 

that 2018 catch will exceed these new 

limits. The 2018 catch reductions in this 

action are based on the new benchmark 

assessment, which was just recently 

completed in June 2018. Based on this 

new scientific information, the 

reductions in this action would result in 

a 50-percent probability of preventing 

overfishing in 2018. Exceeding the new 

harvest limits would result in a lower 

biomass and negative economic impacts 

to the herring industry due to a lower 

allowable catch in 2019 and beyond. 

Because herring is a critical bait source 

for the lobster fishery, these negative 

economic impacts are also expected to 

extend to the lobster fishery due to a 

reduction in bait supply. 

Additionally, we are required to 

implement a 2,000-lb possession limit 

for each management area through the 

end of the current fishing year once 92 

percent of the area sub-ACL is projected 

to be caught. We are also required to 

implement the 2,000-lb possession limit 

for the whole fishery (all areas) when 

95-percent of the total herring ACL is 

harvested. If a delay in implementing 

this action results in catch approaching, 

or exceeding, the new 2018 catch limits, 

the closure of the directed fishery is 

more likely. An inseason closure of the 

directed fishery would be counter to the 

goals and objectives of this action, 

which is intended to reduce 2018 catch, 

but also continue to provide fishing 

opportunities for the remainder of the 

2018 fishing year. 

Input from the public at the June 2018 

Council meeting was nearly all 

supportive of reducing 2018 catch 

limits, and the fishing industry and the 

public generally are expecting new 

limits to be set as soon as practicable. 

The lack of catch to date in 2018 has 

tempered the industry’s expectations, 

and they no longer anticipate reaching 

even the reduced ACL. Herring industry 

members were concerned about the 

economic impact to the fishery in 2019 

if we do not ensure reduced catch this 

year. Representatives from fishing 

advocacy and environmental groups 

also supported reducing 2018 catch 

limits, suggesting it could improve the 

projected stock estimates and expedite 

growth of the stock to previous high 

levels. The Council recommended we 

implement this action with the goal of 

conserving herring biomass and 

allowing for higher fishery catch limits 

in the 2019–2021 specifications. We 

expect the 2018 sub-ACL reductions to 

increase the estimated herring biomass 

in 2019 and provide for more catch for 

the fishery. 

This interim final rule is exempt from 

the procedures of the Regulatory 

Flexibility Act because the rule is issued 

without opportunity for prior notice and 

opportunity for public comment. 

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

Dated: August 17, 2018. 

Chris Oliver, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2018–18128 Filed 8–21–18; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 180104009–8201–01] 

RIN 0648–BH49 

Extension of Emergency Measures To 

Address Overfishing of Atlantic 

Shortfin Mako Shark 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; emergency 

action extended. 

SUMMARY: This rule extends the 

measures in an emergency interim final 

rule for the North Atlantic shortfin 

mako shark fishery published on March 

2, 2018. This extension is necessary to 

maintain measures that address 

overfishing of shortfin mako sharks 

while long-term measures are developed 

and to meet requirements of a 

recommendation of the International 

Commission for the Conservation of 

Atlantic Tunas (ICCAT). The rule is 

expected to reduce fishing mortality to 

address overfishing, consistent with 

ICCAT Recommendation 17–08, by 

continuing to reduce landings and 

increase live releases in the recreational 

and commercial HMS fisheries, but is 

not expected to result in significant 

economic impacts. 

DATES: The end of the effective period 

for the amendments to 50 CFR 635.20, 

635.21, 635.24, and 635.71, as published 

on March 2, 2018 (83 FR 8946), is 

extended from August 29, 2018, to 

March 3, 2019. 

ADDRESSES: Copies of the 

Environmental Assessment (EA) and 

other supporting documents for the 

emergency action are available from the 

Highly Migratory Species (HMS) 

Management Division website at https:// 

www.fisheries.noaa.gov/topic/atlantichighly-migratory-species. 

FOR FURTHER INFORMATION CONTACT: 

Tobey Curtis at (978) 281–9273 or Guy 

DuBeck or Lauren Latchford at (301) 

427–8503. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 2, 2018, NMFS 

implemented an interim final rule using 

emergency authority under the 

Magnuson-Stevens Fishery 

Conservation and Management Act, 16 

U.S.C. 1855(c), to implement measures 

in HMS recreational and commercial 

fisheries to address overfishing 

consistent with ICCAT 

Recommendation 17–08 (83 FR 8946). 

The interim final rule noted that the 

measures may be extended for up to an 

additional 186 days if needed while 

longer-term measures were developed 

through an FMP amendment. This 

temporary rule extends the emergency 

interim final measures for North 

Atlantic shortfin mako sharks (Isurus 

oxyrinchus) without change. The 

interim final rule provided detailed 

information on the background, 

purpose, need, and justification for 

implementing these emergency 

management measures, and that 

information is not repeated here. 

Section 305(c) of the MagnusonStevens Act allows for the extension of 

an emergency regulation or interim 

measure, which is otherwise effective 

for up to 180 days, for up to another 186 

days, provided that the public has had 

an opportunity to comment on the 

emergency regulation. NMFS accepted 

public comment on the initial 

emergency measures in the interim final 

rule through May 7, 2018; comments 

and responses are summarized below. 

This extension does not alter the 

emergency measures already in place. 

NMFS is not accepting additional public 

comment on this extension. 

NMFS has determined that all the 

necessary criteria for extending the 

emergency measures have been met and, 

therefore, NMFS is extending these 

emergency measures through March 3, 

2019. NMFS has proposed long-term 

management measures for the North 

Atlantic shortfin mako shark stock 

through Draft Amendment 11 to the 

2006 Consolidated HMS Fishery 

Management Plan (FMP), 83 FR 35590 

(July 27, 2018), which are expected to 

replace these emergency measures 

before the expiration date. 


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Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Rules and Regulations 42453 

Extended Emergency Management 

Measures 

NMFS is extending the original 

emergency regulations without change. 

The management measures in the 

emergency rule that are being extended 

are as follows: 

• Commercial fishermen on vessels 

deploying pelagic longline gear, which 

are required to have a functional 

electronic monitoring system on board 

under current regulations, must release 

all live shortfin mako sharks with a 

minimum of harm, while giving due 

consideration to the safety of crew 

members. Commercial fishermen using 

pelagic longline gear can only retain a 

shortfin mako shark if it is dead at 

haulback; 

• Commercial fishermen using gear 

other than pelagic longline commercial 

gear (e.g., bottom longline, gillnet, 

handgear, etc.) must release all shortfin 

mako sharks, whether they are dead or 

alive; and 

• Recreational fishermen (fishermen 

with HMS Angling or Charter/Headboat 

permits, and fishermen with Atlantic 

Tunas General category and Swordfish 

General Commercial permits when 

participating in a registered HMS 

tournament) must release any shortfin 

mako sharks smaller than the minimum 

size of 83 inches (210 cm) fork length 

(FL). 

Comments and Responses 

Public comments were accepted on 

the original interim final rule through 

May 7, 2018, and one public hearing 

was held in conjunction with the HMS 

Advisory Panel meeting in Silver 

Spring, MD, on March 7, 2018. During 

the comment period, NMFS received a 

total of 65 individual written comments 

on the interim final rule from fishermen, 

states, and other interested parties and 

the members of the public. NMFS also 

received comments related to the 

emergency interim final rule during the 

four public scoping meetings associated 

with Draft Amendment 11 to the 2006 

Consolidated HMS FMP. We also 

included the following comments on 

Draft Amendment 11 that were relevant 

to the emergency measures or to our 

decision to extend them. All written 

comments can be found at http://

www.regulations.gov/. 

Comment 1: NMFS received many 

comments expressing general support 

for the emergency conservation and 

management measures, citing the 

importance of sharks, including shortfin 

mako sharks, to the health of ocean 

ecosystems. 

Response: NMFS agrees that sharks 

are important predators in ocean 

ecosystems, and notes that there are 

statutory obligations to conserve and 

manage shark populations, prevent 

overfishing, and achieve long-term 

sustainability. NMFS has determined 

that the emergency measures extended 

in this rule will address overfishing and 

sustainability of the North Atlantic 

shortfin mako shark stock as required by 

law. 

Comment 2: NMFS received several 

comments suggesting that management 

measures for shortfin mako sharks 

should be more restrictive than those 

implemented in the emergency rule, 

including prohibiting all retention of 

shortfin mako sharks, or other more 

restrictive measures. 

Response: NMFS disagrees that more 

restrictive measures are required at this 

time. The emergency measures are 

consistent with those recommended in 

ICCAT Recommendation 17–08 (with 

one alteration with respect to the 

recommended minimum size limit as 

explained in response to Comment 9), 

based upon the analyses in the EA (see 

ADDRESSES). The selected measures are 

expected to reduce U.S. shortfin mako 

shark catch consistent with the ICCAT 

recommendation (72–79 percent), while 

still permitting fishermen to retain 

shortfin mako sharks under limited 

circumstances. Given the species’ North 

Atlantic-wide range and that United 

States catches constitute only 

approximately 11 percent of total North 

Atlantic shortfin mako shark catch, the 

United States cannot unilaterally end 

overfishing and rebuild the stock 

through domestic regulations alone, 

even if there were to be a total 

prohibition on possession (which has 

not been recommended by ICCAT). 

Ending overfishing and rebuilding the 

stock can only be accomplished through 

international coordination with nations 

that harvest the majority of shortfin 

mako sharks. ICCAT intends to evaluate 

the effectiveness of these measures in 

the coming months, update the stock 

assessment with the most recent data, 

establish a rebuilding plan, and develop 

additional measures if necessary. Other 

types of management measures are not 

being considered as part of this 

emergency interim final rule, which 

addresses overfishing consistent with 

the ICCAT recommendation. 

Comment 3: Several commenters 

argued that U.S. management of shortfin 

mako sharks should not be bound to 

ICCAT recommendations, and measures 

could be more, or less, restrictive than 

those recommended by ICCAT. 

Response: As a party to ICCAT, the 

United States is obligated under the 

Atlantic Tunas Convention Act (ATCA) 

to carry out binding recommendations 

of the Commission. Under ATCA, the 

Secretary is required to promulgate 

regulations as may be necessary and 

appropriate to carry out such 

recommendations. A range of reasonable 

alternatives were evaluated in the EA 

analyzing the impacts of the measures 

in the emergency rule (see ADDRESSES), 

and the preferred alternatives in the 

emergency rule were determined by 

NMFS to be consistent with all statutory 

requirements. NMFS will continue to 

work constructively within the ICCAT 

process to effectively conserve shortfin 

mako sharks throughout their range and 

balance the needs of U.S. fisheries. 

Comment 4: Many fishermen, 

recreational and commercial, expressed 

frustration that their opportunities to 

land shortfin mako sharks were being 

restricted by ICCAT, and stated their 

belief that other countries’ fisheries 

were to blame for the problem, not U.S. 

fisheries. Some challenged the science 

behind the stock assessment 

determinations and argued that the 

stock is not as depleted as estimated by 

ICCAT. Most commenters felt that 

shortfin mako sharks have been 

sustainably managed in U.S. waters, and 

responsible U.S. fishermen should not 

be penalized for poor management 

outside the United States. 

Response: NMFS acknowledges that 

U.S. fisheries represent a comparatively 

small amount (approximately 11 percent 

annually) of total North Atlantic 

shortfin mako shark harvest, with other 

countries’ fleets representing the 

majority of catch. NMFS also has an 

obligation to prevent overfishing and 

rebuild overfished fish stocks under the 

Magnuson-Stevens Act. For stocks with 

a broad geographic range, like North 

Atlantic mako sharks, however, the 

United States alone cannot undertake 

measures that effectively end 

overfishing and rebuild the stocks, 

especially where the United States is a 

small proportion of the overall catch. In 

such situations, the United States must 

work cooperatively with other parties to 

devise and enforce effective measures. 

Here, ICCAT, with the United States’ 

input, determined that rather than 

completely prohibit any retention of 

shortfin mako sharks, it would 

implement measures that reduce 

shortfin mako mortality by increasing 

live releases in ICCAT commercial and 

recreational fisheries but that allowed 

limited retention under certain 

circumstances. These circumstances 

recognize parties, such as the United 

States, that have measures in place that 

effectively limit mako shark landings 

and interactions, such as minimum size 

restrictions or electronic monitoring. 

Some ICCAT parties will not meet these 


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circumstances allowing retention and 

will effectively face a complete 

prohibition absent additional regulatory 

action. Furthermore, because the stock 

is overfished with overfishing occurring 

and previous stock assessments had not 

assessed it as such, each party to ICCAT 

that fishes on the stock must take some 

measure of responsibility for the stock’s 

condition and contribute to ending 

overfishing immediately to avoid further 

stock decline and additional restrictions 

in the future. The next steps in the 

recommendation include provisions for 

considering longer rebuilding period 

timeframes given the biology of the 

stock and developing a rebuilding plan 

in 2018. As conservation and 

management development progresses, 

NMFS will continue to emphasize the 

responsible practices of U.S. fishermen 

and advocate for accountability and 

equitable regulatory measures with 

other nations through the ICCAT 

process. NMFS will also continue to 

ensure that management decisions 

developed through ICCAT are based on 

the best available scientific information 

by providing accurate data and 

supporting international stock 

assessments. 

Comment 5: Some commenters 

opposed the commercial measure that 

fishermen using pelagic longline gear 

may only retain shortfin mako sharks 

that are dead at haulback because the 

commenters felt the measure is 

unenforceable. 

Response: ICCAT Recommendation 

17–08 conditioned limited allowable 

retention of mako sharks on several 

circumstances, one of which is the use 

of electronic monitoring to confirm the 

status of the shark when caught. NMFS 

determined that this measure is 

enforceable due to the presence of video 

electronic monitoring equipment on all 

pelagic longline vessels. Video collected 

from these fishing trips can be used to 

determine if landed shortfin mako 

sharks were dead when they were 

initially brought alongside the vessel. 

NMFS will review the video collected 

using the same process as for 

monitoring bluefin tuna catches 

implemented in Amendment 7 to the 

2006 Atlantic Consolidated HMS FMP 

(79 FR 71510). As described in the HMS 

2017 SAFE Report, videos from fishing 

sets will be randomly sampled in 

proportion to a vessel’s fishing effort, 

with approximately 10 percent of sets 

randomly reviewed for compliance. 

Thus, this preferred commercial 

measure is enforceable. 

Comment 6: Some commenters stated 

that recreational fisheries do not have a 

big impact on shortfin mako shark 

mortality compared to commercial 

fisheries, and therefore should not be 

subject to such restrictive management 

measures. Therefore, several of these 

commenters expressed support for the 

No Action alternative. 

Response: According to the analyses 

in the EA (see ADDRESSES), the 

percentages of commercial and 

recreational catches of shortfin mako 

sharks in U.S. waters in recent years are 

evenly split. Therefore, U.S. recreational 

fisheries have a significant role to play 

in reducing fishing mortality on shortfin 

mako sharks, and must be included in 

management of this overfished stock. 

The No Action alternative would not 

adequately address overfishing or be 

consistent with U.S. obligations to 

ICCAT and other legal requirements. 

Comment 7: Many recreational 

fishermen commented that the 

increased minimum size limit, from 54 

to 83 inches fork length, is excessive 

and will eliminate the shortfin mako 

shark recreational fishery given how 

rarely fish greater than 83 inches fork 

length are caught. Most of these 

commenters argued for smaller 

increases in the minimum size limit 

and/or alternative management 

measures (shorter seasons, 1–3 shark per 

year limits per vessel with a tag system 

or lottery, slot limits, male-only 

retention, etc.). 

Response: The minimum size limit 

increase to 83 inches fork length was 

designed to significantly reduce shortfin 

mako shark recreational mortality 

consistent with the ICCAT 

recommendation. Based on the analyses 

in the EA (see ADDRESSES), less than 20 

percent of the shortfin mako sharks 

landed in recent years were above the 

83-inch fork length threshold. NMFS 

acknowledges that the reduction in 

landings as a result of this measure 

could be significant, and minor negative 

socioeconomic impacts are expected 

according to the EA. However, this 

reduction is required to address 

overfishing and be responsive to U.S. 

obligations to ICCAT. While some of the 

alternative measures suggested by 

recreational fishermen could reduce 

shortfin mako shark mortality while 

balancing the needs of the fishery, such 

measures were beyond the scope of this 

emergency rule to consider. Some of 

these alternative management 

approaches were considered as part of 

Amendment 11 and may be considered 

by ICCAT in the future. 

Comment 8: Several recreational 

fishermen raised concerns about the 

safety at sea associated with trying to 

measure the length of large, potentially 

active, shortfin mako sharks to 

determine if the shark is large enough to 

be retained. 

Response: Shark fishing, especially 

for shortfin mako sharks, is an 

inherently dangerous activity that 

requires experience, skill, and 

appropriate gear to be safe. Such safety 

concerns were one of the reasons NMFS 

chose to implement a single 83-inch 

minimum size limit for both sexes so 

that these large, active fish would not 

have to be excessively handled boatside 

to determine whether it was a male or 

female. As with other large, active HMS, 

it can be difficult to accurately measure 

the fish without injury to fishermen or 

the fish. Therefore, NMFS recommends 

that fishermen err on the side of caution 

and only retain shortfin mako sharks 

that are obviously longer than 83 inches 

fork length when viewed alongside the 

vessel. 

Comment 9: Several recreational 

fishermen commented that NMFS 

should be implementing ICCAT 

Recommendation 17–08 as stated, and 

not be more restrictive than the 

recommendation. Specifically, 

commenters stated that NMFS should 

implement the Recommendation 17–08 

minimum size limits of at least 71 

inches fork length for males and at least 

83 inches fork length for females 

(analyzed in Alternative 2 of the EA, see 

ADDRESSES), instead of a single 83-inch 

fork length minimum size limit for both 

sexes. 

Response: The 2017 ICCAT stock 

assessment for shortfin mako estimated 

that catches need to be reduced by 72– 

79 percent to end overfishing. Based on 

the analysis for Alternative 2 in the EA 

(see ADDRESSES), the smaller minimum 

size limit for males would not 

sufficiently reduce recreational catch to 

those levels (estimated recreational 

landings reduction = 49 percent). Thus, 

NMFS implemented a single minimum 

size limit at 83 inches fork length that 

would apply to both sexes to achieve 

the necessary catch reductions 

(estimated recreational landings 

reduction = 83 percent). This single 

minimum size limit also addressed the 

safety concerns raised by some 

fishermen (see response to Comment 8). 

Classification 

The Assistant Administrator for 

Fisheries has determined that the 

emergency measures extended by this 

temporary rule are necessary to address 

overfishing of the North Atlantic 

shortfin mako shark fishery and are 

consistent with the Magnuson-Stevens 

Act and other applicable law. 

Under 5 U.S.C. 553(d)(1), the 

Assistant Administrator for Fisheries 

finds good cause to waive the 30-day 

delayed effectiveness of this action. 

These emergency measures were 


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undertaken to address overfishing, and 

if they expire before longer term 

measures are adopted, overfishing may 

occur during the lapse in regulation, 

contrary to the public interest in 

effective management of the stock and 

compliance with domestic and 

international legal obligations. As 

described more fully in the interim final 

emergency rule (March 2, 2018; 83 FR 

8946), the reasons justifying 

promulgation of the rule on an 

emergency basis make a delay in 

effectiveness contrary to the public 

interest. The measures implemented for 

the shortfin mako shark fishery are 

needed to address overfishing of the 

stock. 

This action is being taken pursuant to 

the emergency provision of the 

Magnuson-Stevens Act and is exempt 

from OMB review. 

This rule is exempt from the 

otherwise applicable requirement of the 

Regulatory Flexibility Act to prepare a 

regulatory flexibility analysis because 

the rule is issued without opportunity 

for prior public comment. 

Dated: August 17, 2018. 

Donna S. Wieting, 

Acting Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2018–18095 Filed 8–21–18; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 170817779–8161–02] 

RIN 0648–XG426 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel in the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Atka mackerel in the Central 

Aleutian district (CAI) of the Bering Sea 

and Aleutian Islands management area 

(BSAI) by vessels participating in the 

BSAI trawl limited access fishery. This 

action is necessary to prevent exceeding 

the 2018 total allowable catch (TAC) of 

Atka mackerel in this area allocated to 

vessels participating in the BSAI trawl 

limited access fishery. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), August 17, 2018, 

through 2400 hours, A.l.t., December 31, 

2018. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2018 TAC of Atka mackerel, in 

the CAI, allocated to vessels 

participating in the BSAI trawl limited 

access fishery was established as a 

directed fishing allowance of 1,868 

metric tons by the final 2018 and 2019 

harvest specifications for groundfish in 

the BSAI (83 FR 8365, February 27, 

2018). 

In accordance with § 679.20(d)(1)(iii), 

the Regional Administrator finds that 

this directed fishing allowance has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for Atka 

mackerel in the CAI by vessels 

participating in the BSAI trawl limited 

access fishery. 

While this closure is effective the 

maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA) finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such a requirement 

is impracticable and contrary to the 

public interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of the Atka mackerel 

directed fishery in the CAI for vessels 

participating in the BSAI trawl limited 

access fishery. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of August 16, 2018. The AA 

also finds good cause to waive the 30- 

day delay in the effective date of this 

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

finding is based upon the reasons 

provided above for waiver of prior 

notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: August 17, 2018. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2018–18129 Filed 8–17–18; 4:15 pm] 

BILLING CODE 3510–22–P 


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