45866 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Proposed Rules 

We plan to hold a public meeting to 

receive oral comments on this notice of 

inquiry and will announce the date, 

time, and location in a separate 

document published in the Federal 

Register. If you signed up for docket 

email alerts mentioned in the paragraph 

above, you will receive an email notice 

when the public meeting notice is 

published and placed in the docket. 

Dated: September 4, 2018. 

N.C. Witt, 

Commander, U.S. Coast Guard, Captain of 

the Port Savannah. 

[FR Doc. 2018–19661 Filed 9–10–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 180517486–8772–01] 

RIN 0648–XG263 

Atlantic Highly Migratory Species; 

2019 Atlantic Shark Commercial 

Fishing Year 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This proposed rule would 

establish quotas, opening dates, and 

retention limits for the 2019 fishing year 

for the Atlantic commercial shark 

fisheries. Quotas would be adjusted as 

required or allowable based on any 

over- and/or underharvests experienced 

during the 2018 fishing year. In 

addition, NMFS proposes opening dates 

and commercial retention limits based 

on adaptive management measures to 

provide, to the extent practicable, 

fishing opportunities for commercial 

shark fishermen in all regions and areas. 

The proposed measures could affect 

fishing opportunities for commercial 

shark fishermen in the northwestern 

Atlantic Ocean, including the Gulf of 

Mexico and Caribbean Sea. 

DATES: Written comments must be 

received by October 11, 2018. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2018–0097, by any of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/#!docketDetail;

D=NOAA-NMFS-2018-0097, click the 

‘‘Comment Now!’’ icon, complete the 

required fields, and enter or attach your 

comments. 

• Mail: Submit written comments to 

Brad McHale, NMFS/SF1, 1315 EastWest Highway, National Marine 

Fisheries Service, SSMC3, Silver Spring, 

MD 20910. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

Copies of this proposed rule and 

supporting documents are available 

from the HMS Management Division 

website at https://www.fisheries.noaa.

gov/topic/atlantic-highly-migratoryspecies or by contacting Lauren 

Latchford or Chante ́ Davis by phone at 

(301) 427–8503. 

FOR FURTHER INFORMATION CONTACT: 

Karyl Brewster-Geisz, Lauren Latchford, 

or Chante ́ Davis at (301) 427–8503. 

SUPPLEMENTARY INFORMATION: 

Background 

The Atlantic commercial shark 

fisheries are managed under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). The 2006 

Consolidated Atlantic Highly Migratory 

Species (HMS) Fishery Management 

Plan (FMP) and its amendments are 

implemented by regulations at 50 CFR 

part 635. For the Atlantic commercial 

shark fisheries, the 2006 Consolidated 

HMS FMP and its amendments 

established commercial shark retention 

limits, commercial quotas for species 

and management groups, and 

accounting measures for under- and 

overharvests for the shark fisheries. The 

FMP also includes adaptive 

management measures, such as flexible 

opening dates for the fishing year and 

inseason adjustments to shark trip 

limits, which provide management 

flexibility in furtherance of equitable 

fishing opportunities, to the extent 

practicable, for commercial shark 

fishermen in all regions and areas. 

2019 Proposed Quotas 

This proposed rule would adjust the 

quota levels for the different shark 

stocks and management groups for the 

2019 Atlantic commercial shark fishing 

year based on over- and underharvests 

that occurred during the 2018 fishing 

year, consistent with existing 

regulations at 50 CFR 635.27(b). Overand underharvests are accounted for in 

the same region, sub-region, and/or 

fishery in which they occurred the 

following year, except that large 

overharvests may be spread over a 

number of subsequent fishing years up 

to a maximum of five years. Shark 

stocks that are overfished, have 

overfishing occurring, or have an 

unknown status, as well as management 

groups that contain one or more stocks 

that are overfished, have overfishing 

occurring, or have an unknown stock 

status, will not have underharvest 

carried over in the following year. 

Stocks or management groups that are 

not overfished and have no overfishing 

occurring may have any underharvest 

carried over in the following year, up to 

50 percent of the base quota. 

Based on harvests to date, and after 

considering catch rates and landings 

from previous years, NMFS proposes to 

adjust the 2019 quotas for some 

management groups as shown in Table 

1. In the final rule, NMFS will adjust the 

quotas as needed based on dealer 

reports received by mid-October 2018. 

Thus, all of the 2019 proposed quotas 

for the respective stocks and 

management groups will be subject to 

further adjustment after NMFS 

considers the dealer reports through 

mid-October. All dealer reports that are 

received after the October date will be 

used to adjust 2020 quotas, as 

appropriate. 

While the sub-quota for the western 

Gulf of Mexico aggregated large coastal 

shark (LCS) was exceeded this year, 

based on current landings in the eastern 

Gulf of Mexico for that management 

group and based on catch rates from 

previous years from the eastern Gulf of 

Mexico, NMFS does not believe the 

overall regional Gulf of Mexico 

aggregated LCS quota will be exceeded. 

Thus, NMFS proposes the base line 

quotas for the eastern and western Gulf 

of Mexico sub-regions. If catch rates in 

the eastern Gulf of Mexico increase, it 

is possible that in the final rule NMFS 

would need to reduce the western Gulf 

of Mexico sub-regional aggregated LCS 

quota to account for that sub-region’s 

overharvest. 

Because the Gulf of Mexico blacktip 

shark management group and 

smoothhound shark management groups 


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Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Proposed Rules 45867 

in the Gulf of Mexico and Atlantic 

regions have been determined not to be 

overfished, and to have no overfishing 

occurring, available underharvest (up to 

50 percent of the base quota) from the 

2018 fishing year for these management 

groups may be applied to the respective 

2019 quotas. NMFS proposes to account 

for any underharvest of Gulf of Mexico 

blacktip sharks by dividing 

underharvest between the eastern and 

western Gulf of Mexico sub-regional 

quotas based on the sub-regional quota 

split percentage implemented in 

Amendment 6 to the 2006 Consolidated 

Atlantic Highly Migratory Species 

(HMS) Fishery Management Plan (FMP). 

For the sandbar shark, aggregated 

large coastal shark (LCS), hammerhead 

shark, non-blacknose small coastal 

shark (SCS), blacknose shark, blue 

shark, porbeagle shark, and pelagic 

shark (other than porbeagle or blue 

sharks) management groups, the 2018 

underharvests cannot be carried over to 

the 2019 fishing year because those 

stocks or management groups have been 

determined to be overfished, overfished 

with overfishing occurring, or have an 

unknown status. Furthermore, with the 

exception of the sub-regional western 

Gulf of Mexico overharvest of the 

aggregated LCS quota described above, 

there were no overharvests to account 

for in these management groups. Thus, 

NMFS proposes that quotas for these 

management groups be equal to the 

annual base quota without adjustment. 

The proposed 2019 quotas by species 

and management group are summarized 

in Table 1; the description of the 

calculations for each stock and 

management group can be found below. 

TABLE 1—2019 PROPOSED QUOTAS AND OPENING DATES FOR THE ATLANTIC SHARK MANAGEMENT GROUPS

[All quotas and landings are dressed weight (dw), in metric tons (mt), unless specified otherwise. Table includes landings data as of July 13, 

2018; final quotas are subject to change based on landings as of October 2018. 1 mt = 2,204.6 lb.] 

Region or 

sub-region Management group 2018 Annual quota Preliminary 2018 landings Adjustments 2 2019 base Annual quota 

2019 proposed 

annual quota 

(A) (B) 1 (C) (D) (D + C) 

Western Gulf of 

Mexico.

Blacktip Sharks ................................. 347.2 mt dw .........

765,392 lb dw .......

330.2 mt dw .........

727,992 lb dw .......

34.6 mt dw 3 .........

76,401 lb dw .........

231.0 mt dw .........

510,261 lb dw .......

265.6 mt dw. 

586,662.2 lb dw. 

Aggregated Large Coastal Sharks ... 72 mt dw ..............

158,724 lb dw .......

92.2 mt dw ...........

203,400 lb dw .......

...............................

...............................

72.0 mt dw ...........

158,724 lb dw .......

72.0 mt dw. 

158,724 lb dw. 

Hammerhead Sharks ........................ 11.9 mt dw ...........

26,301 lb dw .........

11.0 mt dw ...........

24,292 lb dw .........

...............................

...............................

11.9 mt dw ...........

26,301 lb dw .........

11.9 mt dw. 

26,301 lb dw. 

Eastern Gulf of 

Mexico.

Blacktip Sharks ................................. 37.7 mt dw ...........

83,158 lb dw .........

16.3 mt dw ...........

35,856 lb dw .........

3.8 mt dw 3 ...........

8,301 lb dw ...........

25.1 mt dw ...........

55,439 lb dw .........

28.9 mt dw. 

63,740 lb dw 

Aggregated Large Coastal Sharks ... 85.5 mt dw ...........

188,593 lb dw .......

37.5 mt dw ...........

82,751 lb dw .........

...............................

...............................

85.5 mt dw ...........

188,593 lb dw .......

85.5 mt dw. 

188,593 lb dw. 

Hammerhead Sharks ........................ 13.4 mt dw ...........

29,421 lb dw .........

6.2 mt dw .............

13,696 lb dw .........

...............................

...............................

13.4 mt dw ...........

29,421 lb dw .........

13.4 mt dw. 

29,421 lb dw. 

Gulf of Mexico ..... Non-Blacknose Small Coastal 

Sharks.

112.6 mt dw .........

248,215 lb dw .......

27.5 mt dw ...........

60,731 lb dw .........

...............................

...............................

112.6 mt dw .........

248,215 lb dw .......

112.6. mt dw. 

248,215 lb dw. 

Smoothhound Sharks ....................... 504.6 mt dw .........

1,112,441 lb dw ....

0 mt dw ................

0 lb dw ..................

168.2 mt dw .........

370,814 lb dw .......

336.4 mt dw .........

741,627 lb dw .......

504.6 mt dw. 

1,112,441 lb dw. 

Atlantic ................. Aggregated Large Coastal Sharks ... 168.9 mt dw .........

372,552 lb dw .......

45.9 mt dw ...........

101,245 lb dw .......

...............................

...............................

168.9 mt dw .........

372,552 lb dw .......

168.9 mt dw. 

372,552 lb dw. 

Hammerhead Sharks ........................ 27.1 mt dw ...........

59,736 lb dw .........

4.9 mt dw .............

10,777 lb dw .........

...............................

...............................

27.1 mt dw ...........

59,736 lb dw .........

27.1 mt dw. 

59,736 lb dw. 

Non-Blacknose Small Coastal 

Sharks.

264.1 mt dw .........

582,333 lb dw .......

55.1 mt dw ...........

121,385 lb dw .......

...............................

...............................

264.1 mt dw .........

582,333 lb dw .......

264.1 mt dw. 

582,333 lb dw 

Blacknose Sharks (South of 34° N 

lat. only).

17.2 mt dw ...........

(37,921 lb dw) ......

3.4 mt dw .............

7,501 lb dw ...........

...............................

...............................

17.2 mt dw ...........

37,921 lb dw .........

17.2 mt dw 

3,7921 lb dw. 

Smoothhound Sharks ....................... 1802.6 mt dw .......

3,971,587 lb dw ....

261.4 mt dw .........

576,181 lb dw .......

600.85 mt dw .......

1,324,634 lb dw ....

1201.7 mt dw .......

2,649,268 lb dw ....

1802.55 mt dw. 

3,973,902 lb dw. 

No regional 

quotas.

Non-Sandbar LCS Research ............ 50.0 mt dw ...........

110,230 lb dw .......

11.2 mt dw ...........

24,799 lb dw .........

...............................

...............................

50.0 mt dw ...........

110,230 lb dw .......

50.0 mt dw. 

110,230 lb dw. 

Sandbar Shark Research ................. 90.7 mt dw ...........

199,943 lb dw .......

31.0 mt dw ...........

68,443 lb dw .........

...............................

...............................

90.7 mt dw ...........

199,943 lb dw .......

90.7 mt dw. 

199,943 lb dw. 

Blue Sharks ....................................... 273.0 mt dw .........

601,856 lb dw .......

<13.6 mt dw .........

(<30,000 lb dw) ....

...............................

...............................

273.0 mt dw .........

601,856 lb dw .......

273.0 mt dw. 

601,856 lb dw. 

Porbeagle Sharks ............................. 1.7 mt dw .............

3,748 lb dw ...........

0 mt dw ................

0 lb dw ..................

...............................

...............................

1.7 mt dw .............

3,748 lb dw ...........

1.7 mt dw. 

3,748 lb dw. 

Pelagic Sharks Other Than 

Porbeagle or Blue sharks.

488.0 mt dw .........

1,075,856 lb dw ....

38.1 mt dw ...........

83,896 lb dw .........

...............................

...............................

488.0 mt dw .........

1,075,856 lb dw ....

488.0 mt dw. 

1,075,856 lb dw. 

1 Landings are from January 1, 2018, through July 13, 2018, and are subject to change. 

2 Underharvest adjustments can only be applied to stocks or management groups that are not overfished and have no overfishing occurring. Also, the underharvest 

adjustments cannot exceed 50 percent of the base quota. 3This proposed rule would increase the overall Gulf of Mexico blacktip shark quota due to an overall underharvest of 38.4 mt dw (84,702 lb dw) in 2018. The overall quota would be split based on percentages that are allocated to each sub-region, as explained in the text. 

1. Proposed 2019 Quotas for the Gulf of 

Mexico Region Shark Management 

Groups 

The 2019 proposed commercial quota 

for blacktip sharks in the western Gulf 

of Mexico sub-region is 265.6 mt dw 

(586,662 lb dw) and the eastern Gulf of 

Mexico sub-region is 28.9 mt dw (63,740 

lb dw; Table 1). As of July 13, 2018, 

preliminary reported landings for 

blacktip sharks in the western Gulf of 

Mexico sub-region were at 95 percent 

(330.2 mt dw) of their 2018 quota levels 

(347.2 mt dw), while the blacktip sharks 

in the eastern Gulf of Mexico sub-region 

were at 43 percent (16.3 mt dw) of their 

2018 quota levels (37.7 mt dw). 

Reported landings have not exceeded 

the 2018 quota to date, and the western 

Gulf of Mexico sub-region fishery was 

closed on March 13, 2018 (83 FR 

10802). Gulf of Mexico blacktip sharks 

have not been declared to be overfished, 

to have overfishing occurring, or to have 

an unknown status. Pursuant to 

§ 635.27(b)(2)(ii), underharvests for 

blacktip sharks within the Gulf of 

Mexico region therefore could be 

applied to the 2019 quotas up to 50 

percent of the base quota. Additionally, 


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any underharvest would be divided 

between the two sub-regions, based on 

the percentages that are allocated to 

each sub-region, which are set forth in 

§ 635.27(b)(1)(ii)(C). To date, the overall 

Gulf of Mexico blacktip shark 

management group is underharvested by 

38.4 mt dw (84,702 lb dw). Accordingly, 

the western Gulf of Mexico blacktip 

shark quota would be increased by 34.6 

mt dw or 90.2 percent of the 

underharvest, while the eastern Gulf of 

Mexico blacktip shark sub-regional 

quota would be increased by 3.8 mt dw, 

or 9.8 percent of the underharvest 

(Table 1). Thus, the proposed western 

sub-regional Gulf of Mexico blacktip 

shark commercial quota is 265.6 mt dw 

(586,662 lb dw), and the proposed 

eastern sub-regional Gulf of Mexico 

blacktip shark commercial quota is 28.9 

mt dw (63,740 lb dw). 

The 2019 proposed commercial quota 

for aggregated LCS in the western Gulf 

of Mexico sub-region is 72.0 mt dw 

(158,724 lb dw), and the eastern Gulf of 

Mexico sub-region is 85.5 mt dw 

(188,593 lb dw; Table 1). As of July 13, 

2018, preliminary reported landings for 

aggregated LCS in the western Gulf of 

Mexico sub-region were at 128 percent 

(92.2 mt dw) of their 2018 quota levels 

(72.0 mt dw), while the aggregated LCS 

in the eastern Gulf of Mexico sub-region 

were at 44 percent (37.5 mt dw) of their 

2018 quota levels (85.5 mt dw). 

Reported landings have not exceeded 

the overall Gulf of Mexico regional 2018 

quota to date, and the western 

aggregated LCS sub-region fishery was 

closed on March 13, 2018 (83 FR 

10802). Given the unknown status of 

some of the shark species within the 

Gulf of Mexico aggregated LCS 

management group, underharvests 

cannot be carried over pursuant to 

§ 635.27(b)(2)(ii). Therefore, based on 

both preliminary estimates and catch 

rates from previous years, and 

consistent with the current regulations 

at § 635.27(b)(2), NMFS proposes that 

the 2019 quotas for aggregated LCS in 

the western Gulf of Mexico and eastern 

Gulf of Mexico sub-regions be equal to 

their annual base quotas without 

adjustment, because the overall regional 

quota has not been overharvested and 

because underharvests cannot be carried 

over due to stock status. 

The 2019 proposed commercial 

quotas for hammerhead sharks in the 

western Gulf of Mexico sub-region and 

eastern Gulf of Mexico sub-region are 

11.9 mt dw (26,301 lb dw) and 13.4 mt 

dw (29,421 lb dw), respectively (Table 

1). As of July 13, 2018, preliminary 

reported landings for hammerhead 

sharks in the western Gulf of Mexico 

sub-region were at 92 percent (11.0 mt 

dw) of their 2018 quota levels (11.9 mt 

dw), while landings of hammerhead 

sharks in the eastern Gulf of Mexico 

sub-region were at 47 percent (6.2 mt 

dw) of their 2018 quota levels (13.4 mt 

dw). Reported landings from both Gulf 

of Mexico and Atlantic regions have not 

exceeded the 2018 overall hammerhead 

quota to date, and the western 

hammerhead shark Gulf of Mexico subregion fishery was closed on March 13, 

2018 (83 FR 10802). Given the 

overfished status of the scalloped 

hammerhead shark, the hammerhead 

shark quota cannot be adjusted for any 

underharvests. Therefore, based on both 

preliminary estimates and catch rates 

from previous years, the fact that the 

2018 overall hammerhead shark quota 

has not been overharvested to date, and 

consistent with the current regulations 

at § 635.27(b)(2)(ii), NMFS proposes that 

the 2019 quotas for hammerhead sharks 

in the western Gulf of Mexico and 

eastern Gulf of Mexico sub-regions be 

equal to their annual base quotas 

without adjustment. 

The 2019 proposed commercial quota 

for non-blacknose SCS in the Gulf of 

Mexico region is 112.6 mt dw (248,215 

lb dw). As of July 13, 2018, preliminary 

reported landings of non-blacknose SCS 

were at 24 percent (27.5 mt dw) of their 

2018 quota level (112.6 mt dw) in the 

Gulf of Mexico region. Reported 

landings have not exceeded the 2018 

quota to date. Given the unknown status 

of bonnethead sharks within the Gulf of 

Mexico non-blacknose SCS management 

group, underharvests cannot be carried 

forward pursuant to § 635.27(b)(2)(ii). 

Therefore, based on both preliminary 

estimates and catch rates from previous 

years, and consistent with the current 

regulations at § 635.27(b)(2), NMFS 

proposes that the 2019 quota for nonblacknose SCS in the Gulf of Mexico 

region be equal to the annual base quota 

without adjustment, because there have 

not been any overharvests and because 

underharvests cannot be carried over 

due to stock status. 

The 2019 proposed commercial quota 

for smoothhound sharks in the Gulf of 

Mexico region is 504.6 mt dw (1,112,441 

lb dw). As of July 13, 2018, there are no 

preliminary reported landings of 

smoothhound sharks in the Gulf of 

Mexico region. Gulf of Mexico 

smoothhound sharks have not been 

declared to be overfished, to have 

overfishing occurring, or to have an 

unknown status. Pursuant to 

§ 635.27(b)(2)(ii), underharvests for 

smoothhound sharks within the Gulf of 

Mexico region therefore could be 

applied to the 2019 quotas up to 50 

percent of the base quota. Accordingly, 

NMFS proposes to increase the 2019 

Gulf of Mexico smoothhound shark 

quota to adjust for anticipated 

underharvests in 2018 as allowed. The 

proposed 2019 adjusted base annual 

quota for Gulf of Mexico smoothhound 

sharks is 504.6 mt dw (336.4 mt dw 

annual base quota + 168.2 mt dw 2018 

underharvest = 504.6 mt dw 2019 

adjusted annual quota). 

2. Proposed 2019 Quotas for the 

Atlantic Region Shark Management 

Groups 

The 2019 proposed commercial quota 

for aggregated LCS in the Atlantic region 

is 168.9 mt dw (372,552 lb dw). As of 

July 13, 2018, the aggregated LCS 

fishery in the Atlantic region is still 

open and preliminary landings indicate 

that only 27 percent of the quota, or 45.9 

mt dw, has been harvested. Given the 

unknown status of some of the shark 

species within the Atlantic aggregated 

LCS management group, underharvests 

cannot be carried over pursuant to 

§ 635.27(b)(2)(ii). Therefore, based on 

both preliminary estimates and catch 

rates from previous years, and 

consistent with current regulations at 

§ 635.27(b)(2), NMFS proposes that the 

2018 quota for aggregated LCS in the 

Atlantic region be equal to the annual 

base quota without adjustment, because 

there have not been any overharvests 

and underharvests cannot be carried 

over due to stock status. 

The 2019 proposed commercial quota 

for hammerhead sharks in the Atlantic 

region is 27.1 mt dw (59,736 lb dw). 

Currently, the hammerhead shark 

fishery in the Atlantic region is still 

open and preliminary landings as of 

July 13, 2018, indicate that only 18 

percent of the Atlantic regional quota, or 

4.9 mt dw, has been harvested. Reported 

landings from both Gulf of Mexico and 

Atlantic regions have not exceeded the 

2018 overall hammerhead quota to date. 

Given the overfished status of 

hammerhead sharks, underharvests 

cannot be carried forward pursuant to 

§ 635.27(b)(2)(ii). Therefore, based on 

both preliminary estimates and catch 

rates from previous years, and 

consistent with the current regulations 

at § 635.27(b)(2), NMFS proposes that 

the 2019 quota for hammerhead sharks 

in the Atlantic region be equal to the 

annual base quota without adjustment, 

because the overall hammerhead shark 

quota has not been overharvested, and 

because underharvests cannot be carried 

over due to stock status. 

The 2019 proposed commercial quota 

for non-blacknose SCS in the Atlantic 

region is 264.1 mt dw (582,333 lb dw). 

As of July 13, 2018, preliminary 

reported landings of non-blacknose SCS 

were at 21 percent (55.1 mt dw) of their 


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2018 quota level in the Atlantic region. 

Reported landings have not exceeded 

the 2018 quota to date. Given the 

unknown status of bonnethead sharks 

within the Atlantic non-blacknose SCS 

management group, underharvests 

cannot be carried forward pursuant to 

§ 635.27(b)(2)(ii). Therefore, based on 

preliminary estimates of catch rates 

from previous years, and consistent 

with the current regulations at 

§ 635.27(b)(2), NMFS proposes that the 

2019 quota for non-blacknose SCS in the 

Atlantic region be equal to the annual 

base quota without adjustment, because 

there have not been any overharvests, 

and because underharvests cannot be 

carried over due to stock status. 

The 2019 proposed commercial quota 

for blacknose sharks in the Atlantic 

region is 17.2 mt dw (37,921 lb dw). 

This quota is available in the Atlantic 

region only for those vessels operating 

south of 34° N. latitude. North of 34° N. 

latitude, retention, landing, or sale of 

blacknose sharks is prohibited. As of 

July 13, 2018, preliminary reported 

landings of blacknose sharks were at 20 

percent (3.4 mt dw) of their 2018 quota 

levels in the Atlantic region. Reported 

landings have not exceeded the 2018 

quota to date. Pursuant to § 635.27(b)(2), 

because blacknose sharks have been 

declared to be overfished with 

overfishing occurring in the Atlantic 

region, NMFS could not carry forward 

the remaining underharvest. Therefore, 

NMFS proposes that the 2019 Atlantic 

blacknose shark quota be equal to the 

annual base quota without adjustment. 

The 2019 proposed commercial quota 

for smoothhound sharks in the Atlantic 

region is 1,802.6 mt dw (3,973,902 lb 

dw). As of July 13, 2018, preliminary 

reported landings of smoothhound 

sharks were at 14 percent (261.4 mt dw) 

of their 2018 quota levels in the Atlantic 

region. Atlantic smoothhound sharks 

have not been declared to be overfished, 

to have overfishing occurring, or to have 

an unknown status. Pursuant to 

§ 635.27(b)(2)(ii), underharvests for 

smoothhound sharks within the Atlantic 

region therefore could be applied to the 

2019 quotas up to 50 percent of the base 

quota. Accordingly, NMFS proposes to 

increase the 2019 Atlantic smoothhound 

shark quota to adjust for anticipated 

underharvests in 2018 as allowed. The 

proposed 2019 adjusted base annual 

quota for Atlantic smoothhound sharks 

is 1,802.6 mt dw (1,201.7 mt dw annual 

base quota + 600.9 mt dw 2018 

underharvest = 1,802.6 mt dw 2019 

adjusted annual quota). 

3. Proposed 2019 Quotas for Shark 

Management Groups With No Regional 

Quotas 

The 2019 proposed commercial 

quotas within the shark research fishery 

are 50 mt dw (110,230 lb dw) for 

research LCS and 90 mt dw (199,943 lb 

dw) for sandbar sharks. Within the 

shark research fishery, as of July 13, 

2018, preliminary reported landings of 

research LCS were at 22 percent (11.2 

mt dw) of their 2018 quota levels, and 

sandbar shark reported landings were at 

34 percent (31.0 mt dw) of their 2018 

quota levels. Reported landings have not 

exceeded the 2018 quotas to date. Under 

§ 635.27(b)(2)(ii), because sandbar 

sharks and scalloped hammerhead 

sharks within the research LCS 

management group have been 

determined to be either overfished or 

overfished with overfishing occurring, 

underharvests for these management 

groups cannot be carried forward to the 

2019 quotas. Therefore, based on 

preliminary estimates, and consistent 

with the current regulations at 

§ 635.27(b)(2), NMFS proposes that the 

2019 quota in the shark research fishery 

be equal to the annual base quota 

without adjustment because there have 

not been any overharvests, and because 

underharvests cannot be carried over 

due to stock status. 

The 2019 proposed commercial 

quotas for blue sharks, porbeagle sharks, 

and pelagic sharks (other than porbeagle 

or blue sharks) are 273.0 mt dw (601,856 

lb dw), 1.7 mt dw (3,748 lb dw), and 

488.0 mt dw (1,075,856 lb dw), 

respectively. As of July 13, 2018, 

preliminary reported landings of blue 

sharks were at less than 5 percent (less 

than 13.6 mt dw) of their 2018 quota 

level (273.0 mt dw), there are no 

preliminary reported landings of 

porbeagle sharks, and landings of 

pelagic sharks (other than porbeagle and 

blue sharks) were at 8 percent (38.1 mt 

dw) of their 2018 quota level (488.0 mt 

dw). Given that these pelagic species are 

overfished, have overfishing occurring, 

or have an unknown status, 

underharvests cannot be carried forward 

pursuant to § 635.27(b)(2)(ii). Therefore, 

based on preliminary estimates and 

consistent with the current regulations 

at § 635.27(b)(2), NMFS proposes that 

the 2019 quotas for blue sharks, 

porbeagle sharks, and pelagic sharks 

(other than porbeagle and blue sharks) 

be equal to their annual base quotas 

without adjustment, because there have 

not been any overharvests and because 

underharvests cannot be carried over 

due to stock status. 

4. Proposed Opening Dates and 

Retention Limits for the 2019 Atlantic 

Commercial Shark Fishing Year 

For each fishery, NMFS considered 

the seven ‘‘Opening Commercial Fishing 

Season Criteria’’ listed at § 635.27(b)(3). 

The Criteria includes factors such as the 

available annual quotas for the current 

fishing season, estimated season length 

and average weekly catch rates from 

previous years, length of the season and 

fishery participation in past years, 

impacts to accomplishing objectives of 

the 2006 Consolidated Atlantic HMS 

FMP and its amendments, temporal 

variation in behavior or biology of target 

species (e.g., seasonal distribution or 

abundance), impact of catch rates in one 

region on another, and effects of delayed 

openings. 

NMFS applied the Opening 

Commercial Fishing Season Criteria by 

examining the over- and underharvests 

of the different management groups in 

the 2018 fishing year to determine the 

likely effects of the proposed 

commercial quotas for 2019 on shark 

stocks and fishermen across regional 

and sub-regional fishing areas. NMFS 

also examined the potential season 

length and previous catch rates to 

ensure, to the extent practicable, that 

equitable fishing opportunities be 

provided to fishermen in all areas. 

Lastly, NMFS examined the seasonal 

variation of the different species/ 

management groups and the effects on 

fishing opportunities. 

NMFS also considered the six 

‘‘Inseason trip limit adjustment criteria’’ 

listed at § 635.24(a)(8) for directed shark 

limited access permit holders intending 

to land LCS other than sandbar sharks. 

Those criteria are: the amount of 

remaining shark quota in the relevant 

area or region, to date, based on dealer 

reports; the catch rates of the relevant 

shark species/complexes, to date, based 

on dealer reports; estimated date of 

fishery closure based on when the 

landings are projected to reach 80- 

percent of the available overall, 

regional, and/or sub-regional quota, if 

the fishery’s landings are not projected 

to reach 100 percent of the applicable 

quota before the end of the season, or 

when the season of a quota-linked 

management group is closed; effects of 

the adjustment on accomplishing the 

objectives of the 2006 Consolidated 

Atlantic HMS FMP and its amendments; 

variations in seasonal distribution, 

abundance, or migratory patterns of the 

relevant shark species based on 

scientific and fishery-based knowledge; 

and/or effects of catch rates in one part 

of a region precluding vessels in another 

part of that region from having a 


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reasonable opportunity to harvest a 

portion of the relevant quota. 

After considering all these criteria, 

NMFS is proposing to open the 2019 

Atlantic commercial shark fishing 

season for all shark management groups 

in the northwestern Atlantic Ocean, 

including the Gulf of Mexico and the 

Caribbean Sea, on or about January 1, 

2019, after the publication of the final 

rule for this action (Table 2). NMFS is 

also proposing to start the 2019 

commercial shark fishing season with 

the commercial retention limit of 36 

LCS other than sandbar sharks per 

vessel per trip in both the eastern and 

western Gulf of Mexico sub-regions, and 

a commercial retention limit of 25 LCS 

other than sandbar sharks per vessel per 

trip in the Atlantic region (Table 2). 

NMFS will consider public comments 

received during the current year and 

catch rates from this year. Any retention 

limits that are proposed could change as 

a result of public comments as well as 

catch rates and landings information 

based on updated data available when 

drafting the final rule. 

TABLE 2—QUOTA LINKAGES, SEASON OPENING DATES, AND COMMERCIAL RETENTION LIMIT BY REGIONAL OR SUBREGIONAL SHARK MANAGEMENT GROUP

Region or subregion Management group Quota linkages Season opening 

dates 

Commercial retention limits for directed 

shark limited access permit holders 

(inseason adjustments are possible) 

Western Gulf of 

Mexico.

Blacktip Sharks .....................................

Aggregated Large Coastal Sharks 

Hammerhead Sharks 

Not Linked ..........

Linked .................

January 1, 2019 .. 36 LCS other than sandbar sharks per 

vessel per trip. 

Eastern Gulf of 

Mexico.

Blacktip Sharks .....................................

Aggregated Large Coastal Sharks 

Hammerhead Sharks 

Not Linked ..........

Linked .................

January 1, 2019 .. 36 LCS other than sandbar sharks per 

vessel per trip. 

NMFS anticipates an inseason increase to 50 large coastal sharks 

other than sandbar sharks per vessel 

per trip around April 1, 2019. 

Gulf of Mexico ........ Non-Blacknose Small Coastal Sharks ..

Smoothhound Sharks ............................

Not Linked ..........

Not Linked ..........

January 1, 2019 ..

January 1, 2019 ..

N/A. 

N/A. 

Atlantic ................... Aggregated Large Coastal Sharks ........

Hammerhead Sharks 

Linked ................. January 1, 2019 .. 25 LCS other than sandbar sharks per 

vessel per trip. 

If quota is landed quickly (e.g., if approximately 20 percent of quota is 

caught at the beginning of the year), 

NMFS anticipates an inseason reduction (e.g., to 3 or fewer LCS other 

than sandbar sharks per vessel per 

trip), then an inseason increase to 36 

LCS other than sandbar sharks per 

vessel per trip around July 15, 2019. 

Non-Blacknose Small Coastal Sharks .. Linked (South of 

34° N lat. only).

January 1, 2019 .. N/A. 

Blacknose Sharks (South of 34° N lat. 

only).

............................. ............................. 8 Blacknose sharks per vessel per trip 

(applies to directed and incidental 

permit holders). 

Smoothhound Sharks ............................ Not Linked .......... January 1, 2019 .. N/A. 

No regional quotas Non-Sandbar LCS Research 

Sandbar Shark Research ......................

Linked ................. January 1, 2019 .. N/A. 

Blue Sharks ...........................................

Porbeagle Sharks 

Pelagic Sharks Other Than Porbeagle 

or Blue.

Not Linked .......... January 1, 2019 .. N/A. 

In the Gulf of Mexico region, NMFS 

proposes opening the fishing season on 

or about January 1, 2019, for the 

aggregated LCS, blacktip sharks, and 

hammerhead shark management groups 

with the commercial retention limits of 

36 LCS other than sandbar sharks per 

vessel per trip for directed shark permit 

holders in the eastern and western subregion. This opening date and retention 

limit combination would provide, to the 

extent practicable, equitable 

opportunities across the fisheries 

management sub-regions. This opening 

date takes into account all the season 

opening criteria listed in § 635.27(b)(3), 

and particularly the criteria that NMFS 

consider the length of the season for the 

different species and/or management 

group in the previous years 

(§ 635.27(b)(3)(ii) and (iii)) and whether 

fishermen were able to participate in the 

fishery in those years (§ 635.27(b)(3)(v)). 

The proposed commercial retention 

limits take into account the criteria 

listed in § 635.24(a)(8), and particularly 

the criterion that NMFS consider the 

catch rates of the relevant shark species/ 

complexes based on dealer reports to 

date (§ 635.24(a)(8)(ii)). NMFS may also 

adjust the retention limit in the Gulf of 

Mexico region throughout the season to 

ensure fishermen in all parts of the 

region have an opportunity to harvest 

aggregated LCS, blacktip sharks, and 

hammerhead sharks (see the criteria 

listed at § 635.27(b)(3)(v) and 

§ 635.24(a)(8)(ii), (v), and (vi)). In 2018, 

the aggregated LCS, hammerhead, and 

blacktip shark management groups in 

the western Gulf of Mexico sub-region 

were closed on March 13, 2018 (82 FR 

20447). As such, in 2019, NMFS is 

proposing a reduction in the 

commercial trip limit for these 

management groups in order to ensure 

the management group is open until at 

least April 2019, which is when the 

State of Louisiana closes state waters to 

shark fishing and when that State has 

previously asked that NMFS close 

Federal shark fisheries to match state 

regulations (see the criteria listed at 

§ 635.27(b)(3)(vii) and 


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§ 635.24(a)(8)(iii)). In the eastern Gulf of 

Mexico, NMFS is proposing a lower trip 

limit to ensure fishermen in both Gulf 

of Mexico sub-regions have an 

opportunity to harvest aggregated LCS, 

blacktip sharks, and hammerhead 

sharks and to reduce any confusion or 

inequities caused by establishing 

different catch limits for each subregion. When the western Gulf of 

Mexico sub-region closes, which is 

expected to occur around April 1, 2019, 

NMFS may increase the eastern Gulf of 

Mexico sub-region retention limit, 

potentially up to 50 or 55 sharks per 

trip. Modifying the retention limit on an 

inseason basis in this manner is similar 

to what NMFS has done successfully in 

recent years in the Atlantic region. 

NMFS expects such changes in 

retention limit to allow fishermen in the 

eastern Gulf of Mexico the opportunity 

to fully land the available quotas. 

In the Atlantic region, NMFS 

proposes opening the aggregated LCS 

and hammerhead shark management 

groups on or about January 1, 2019. This 

opening date is the same date that these 

management groups opened in 2018. As 

described below, this opening date also 

takes into account all the criteria listed 

in § 635.27(b)(3), and particularly the 

criterion that NMFS consider the 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 and/or management 

quotas (§ 635.27(b)(3)(v)). The 2018 data 

indicates that an opening date of 

January 1, coupled with inseason 

adjustments to the retention limit, 

provided a reasonable opportunity for 

fishermen in every part of each region 

to harvest a portion of the available 

quotas (§ 635.27(b)(3)(i)) while 

accounting for variations in seasonal 

distribution of the different species in 

the management groups 

(§ 635.27(b)(3)(iv)). In 2018, when the 

aggregated LCS quota was harvested too 

quickly, NMFS reduced the retention 

limit to three sharks per trip (May 10, 

2018; 83 FR 17765) to allow fishermen 

in the North Atlantic an opportunity to 

fish later in the year when sharks are 

available in the North Atlantic area (see 

the criteria at § 635.24(a)(3)(i), (ii), (v), 

and (vi)). NMFS then increased the 

retention limit to 36 sharks per trip on 

July 18, 2018 (83 FR 33870), to increase 

fishing opportunities for all fishermen 

across the Atlantic region. Because the 

quotas we propose for 2019 are the same 

as the quotas in 2018, NMFS expects 

that the season lengths and therefore the 

participation of various fishermen 

throughout the region, would be similar 

in 2019 (§ 635.27(b)(3)(ii) and (iii)). 

Based on the recent performance of the 

fishery, the January 1 opening date 

appears to meet the objectives of the 

2006 Consolidated Atlantic HMS FMP 

and its amendments (§ 635.27(b)(3)(vi)). 

Therefore, changing the opening date in 

the fishery seems unnecessary. 

In addition, for the aggregated LCS 

and hammerhead shark management 

groups in the Atlantic region, NMFS 

proposes opening the fishing year with 

the commercial retention limit for 

directed shark limited access permit 

holders of 25 LCS other than sandbar 

sharks per vessel per trip. This retention 

limit should allow fishermen to harvest 

some of the 2019 quota at the beginning 

of the year when sharks are more 

prevalent in the South Atlantic area (see 

the criteria at § 635.24(a)(3)(i), (ii), (v), 

and (vi)). As was done in 2018, if it 

appears that the quota is being 

harvested too quickly (i.e., about 20 

percent) to allow directed fishermen 

throughout the entire region an 

opportunity to fish and ensure enough 

quota remains until later in the year, 

NMFS would reduce the commercial 

retention limits to incidental levels (3 

LCS other than sandbar sharks per 

vessel per trip) or another level 

calculated to reduce the harvest of LCS 

taking into account § 635.27(b)(3) and 

the inseason trip limit adjustment 

criteria listed in § 635.24(a)(8). If the 

quota continues to be harvested quickly, 

NMFS could reduce the retention limit 

to 0 LCS other than sandbar sharks per 

vessel per trip to ensure enough quota 

remains until later in the year. If either 

situation occurs, NMFS would publish 

in the Federal Register notification of 

any inseason adjustments of the 

retention limit to an appropriate limit of 

sharks per trip. In 2018, NMFS reduced 

the retention limit to 3 LCS other than 

sandbar sharks on May 10, 2018 (83 FR 

21744) when the aggregated LCS 

landings reached approximately 20 

percent of the aggregated LCS quota, 

and did not need to reduce it further. 

Also, as was done in 2018, NMFS will 

consider increasing the commercial 

retention limits per trip at a later date 

if necessary to provide fishermen in the 

northern portion of the Atlantic region 

an opportunity to retain aggregated LCS 

and hammerhead sharks after 

considering the appropriate inseason 

adjustment criteria. Similarly, at some 

point later in the year (e.g., July 15), 

potentially equivalent to how the 2018 

fishing season operated, NMFS may 

consider increasing the retention limit 

to 36 LCS other than sandbar sharks per 

vessel per trip or another amount, as 

deemed appropriate, after considering 

the inseason trip limit adjustment 

criteria. If the quota is being harvested 

too quickly or too slowly, NMFS could 

adjust the retention limit appropriately 

to ensure the fishery remains open most 

of the rest of the year. Since the fishery 

is still open with a majority of the quota 

available, NMFS will monitor the rest of 

the fishing year and could make changes 

to the proposed 2019 opening date if 

necessary to ensure equitable fishing 

opportunities. 

All of the shark management groups 

would remain open until December 31, 

2019, or until NMFS determines that the 

landings for any shark management 

group have reached, or are projected to 

reach, 80-percent of the available 

overall, regional, and/or sub-regional 

quota, if the fishery’s landings are not 

projected to reach 100 percent of the 

applicable quota before the end of the 

season, or when the quota-linked 

management group is closed. If NMFS 

determines that a non-linked shark 

species or management group must be 

closed, then, consistent with 

§ 635.28(b)(2) for non-linked quotas 

(e.g., eastern Gulf of Mexico blacktip, 

western Gulf of Mexico blacktip, Gulf of 

Mexico non-blacknose SCS, pelagic 

sharks, or the Atlantic or Gulf of Mexico 

smoothhound sharks), NMFS will 

publish in the Federal Register a notice 

of closure for that shark species, shark 

management group, region, and/or subregion that will be effective no fewer 

than four days from the date of filing (83 

FR 31677). For the blacktip shark 

management group, regulations at 

§ 635.28(b)(5)(i) through (v) authorize 

NMFS to close the management group 

before landings reach, or are expected to 

reach, 80-percent of the available 

overall, regional, and/or sub-regional 

quota, after considering the following 

criteria and other relevant factors: 

Season length based on available subregional quota and average sub-regional 

catch rates; variability in regional and/ 

or sub-regional seasonal distribution, 

abundance, and migratory patterns; 

effects on accomplishing the objectives 

of the 2006 Consolidated Atlantic HMS 

FMP and its amendments; amount of 

remaining shark quotas in the relevant 

sub-region; and regional and/or subregional catch rates of the relevant shark 

species or management groups. From 

the effective date and time of the closure 

until NMFS announces, via the 

publication of a notice in the Federal 

Register, that additional quota is 

available and the season is reopened, 

the fisheries for the shark species or 

management group are closed, even 

across fishing years. 

If NMFS determines that a linked 

shark species or management group 

must be closed, then, consistent with 


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45872 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Proposed Rules 

§ 635.28(b)(3) for linked quotas and the 

Final Rule to Revise Atlantic Highly 

Migratory Species Shark Fishery 

Closure Regulations (83 FR 31677), 

NMFS will publish in the Federal 

Register a notice of closure for all of the 

species and/or management groups in a 

linked group that will be effective no 

fewer than four days from date of filing. 

From the effective date and time of the 

closure until NMFS announces, via the 

publication of a notice in the Federal 

Register, that additional quota is 

available and the season is reopened, 

the fisheries for all linked species and/ 

or management groups are closed, even 

across fishing years. The linked quotas 

of the species and/or management 

groups are Atlantic hammerhead sharks 

and Atlantic aggregated LCS; eastern 

Gulf of Mexico hammerhead sharks and 

eastern Gulf of Mexico aggregated LCS; 

western Gulf of Mexico hammerhead 

sharks and western Gulf of Mexico 

aggregated LCS; and Atlantic blacknose 

and Atlantic non-blacknose SCS south 

of 34° N. latitude. 

Request for Comments 

Comments on this proposed rule may 

be submitted via www.regulations.gov or 

by mail. NMFS solicits comments on 

this proposed rule by October 11, 2018 

(see DATES and ADDRESSES). 

Classification 

The NMFS Assistant Administrator 

has determined that the proposed rule is 

consistent with the 2006 Consolidated 

Atlantic HMS FMP and its amendments, 

the Magnuson-Stevens Act, and other 

applicable law, subject to further 

consideration after public comment. 

These proposed specifications are 

exempt from review under Executive 

Order 12866. 

NMFS determined that the final rules 

to implement Amendment 2 to the 2006 

Consolidated Atlantic HMS FMP (June 

24, 2008, 73 FR 35778; corrected on July 

15, 2008, 73 FR 40658), Amendment 5a 

to the 2006 Consolidated Atlantic HMS 

FMP (78 FR 40318; July 3, 2013), 

Amendment 6 to the 2006 Consolidated 

Atlantic HMS FMP (80 FR 50073; 

August 18, 2015), and Amendment 9 to 

the 2006 Consolidated Atlantic HMS 

FMP (80 FR 73128; November 24, 2015) 

are consistent to the maximum extent 

practicable with the enforceable policies 

of the approved coastal management 

program of coastal states on the Atlantic 

including the Gulf of Mexico and the 

Caribbean Sea as required under the 

Coastal Zone Management Act. Pursuant 

to 15 CFR 930.41(a), NMFS provided the 

Coastal Zone Management Program of 

each coastal state a 60-day period to 

review the consistency determination 

and to advise the Agency of their 

concurrence. NMFS received 

concurrence with the consistency 

determinations from several states and 

inferred consistency from those states 

that did not respond within the 60-day 

time period. This proposed action to 

establish opening dates and adjust 

quotas for the 2019 fishing year for the 

Atlantic commercial shark fisheries 

does not change the framework 

previously consulted upon; therefore, 

no additional consultation is required. 

An initial regulatory flexibility 

analysis (IRFA) was prepared, as 

required by section 603 of the 

Regulatory Flexibility Act (RFA). The 

IRFA describes the economic impact 

this proposed rule, if adopted, would 

have on small entities. The IRFA 

analysis follows. 

Section 603(b)(1) of the RFA requires 

agencies to explain the purpose of the 

rule. This rule, consistent with the 

Magnuson-Stevens Act and the 2006 

Consolidated Atlantic HMS FMP and its 

amendments, is being proposed to 

establish the 2019 commercial shark 

fishing quotas, retention limits, and 

fishing seasons. Without this rule, the 

commercial shark fisheries would close 

on December 31, 2018, and would not 

open until another action was taken. 

This proposed rule would be 

implemented according to the 

regulations implementing the 2006 

Consolidated Atlantic HMS FMP and its 

amendments. Thus, NMFS expects few, 

if any, economic impacts to fishermen 

other than those already analyzed in the 

2006 Consolidated Atlantic HMS FMP 

and its amendments, based on the quota 

adjustments. 

Section 603(b)(2) of the RFA requires 

agencies to explain the rule’s objectives. 

The objectives of this rule are to: Adjust 

the baseline quotas for all shark 

management groups based on any overand/or underharvests from the previous 

fishing year(s); establish the opening 

dates of the various management 

groups; and establish the retention 

limits for the blacktip shark, aggregated 

large coastal shark, and hammerhead 

shark management groups in order to 

provide, to the extent practicable, 

equitable opportunities across the 

fishing management regions and/or subregions while also considering the 

ecological needs of the different shark 

species. 

Section 603(b)(3) of the RFA requires 

agencies to provide an estimate of the 

number of small entities to which the 

rule would apply. The Small Business 

Administration (SBA) has established 

size criteria for all major industry 

sectors in the United States, including 

fish harvesters. Provision is made under 

SBA’s regulations for an agency to 

develop its own industry-specific size 

standards after consultation with 

Advocacy and an opportunity for public 

comment (see 13 CFR 121.903(c)). 

Under this provision, NMFS may 

establish size standards that differ from 

those established by the SBA Office of 

Size Standards, but only for use by 

NMFS and only for the purpose of 

conducting an analysis of economic 

effects in fulfillment of the agency’s 

obligations under the RFA. To utilize 

this provision, NMFS must publish such 

size standards in the Federal Register, 

which NMFS did on December 29, 2015 

(80 FR 81194). In this final rule effective 

on July 1, 2016, NMFS established a 

small business size standard of $11 

million in annual gross receipts for all 

businesses in the commercial fishing 

industry (NAICS 11411) for RFA 

compliance purposes. NMFS considers 

all HMS permit holders to be small 

entities because they had average 

annual receipts of less than $11 million 

for commercial fishing. 

As of October 2017, the proposed rule 

would apply to the approximately 221 

directed commercial shark permit 

holders, 269 incidental commercial 

shark permit holders, 154 smoothhound 

shark permit holders, and 113 

commercial shark dealers. Not all 

permit holders are active in the fishery 

in any given year. Active directed 

commercial shark permit holders are 

defined as those with valid permits that 

landed one shark based on HMS 

electronic dealer reports. Of the 490 

directed and incidental commercial 

shark permit holders, only 28 permit 

holders landed sharks in the Gulf of 

Mexico region and only 78 landed 

sharks in the Atlantic region. Of the 154 

smoothhound shark permit holders, 

only 26 permit holders landed 

smoothhound sharks in the Atlantic 

region and none landed smoothhound 

sharks in the Gulf of Mexico region. 

NMFS has determined that the proposed 

rule would not likely affect any small 

governmental jurisdictions. 

This proposed rule does not contain 

any new reporting, recordkeeping, or 

other compliance requirements (5 U.S.C. 

603(b)(4)). Similarly, this proposed rule 

would not conflict, duplicate, or overlap 

with other relevant Federal rules (5 

U.S.C. 603(b)(5)). Fishermen, dealers, 

and managers in these fisheries must 

comply with a number of international 

agreements as domestically 

implemented, domestic laws, and FMPs. 

These include, but are not limited to, 

the Magnuson-Stevens Act, the Atlantic 

Tunas Convention Act, the High Seas 

Fishing Compliance Act, the Marine 

Mammal Protection Act, the Endangered 


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Species Act, the National 

Environmental Policy Act, the 

Paperwork Reduction Act, and the 

Coastal Zone Management Act. 

Section 603(c) of the RFA requires 

each IRFA to contain a description of 

any significant alternatives to the 

proposed rule which would accomplish 

the stated objectives of applicable 

statutes and minimize any significant 

economic impact of the proposed rule 

on small entities. Additionally, the RFA 

(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 

proposed rule, consistent with the 

Magnuson-Stevens Act, NMFS cannot 

exempt small entities or change the 

reporting requirements only for small 

entities because all the entities affected 

are considered small entities; therefore, 

there are no alternatives discussed that 

fall under the first, second, and fourth 

categories described above. NMFS does 

not know of any performance or design 

standards that would satisfy the 

aforementioned objectives of this 

rulemaking while, concurrently, 

complying with the Magnuson-Stevens 

Act; therefore, there are no alternatives 

considered under the third category. 

This rulemaking does not establish 

management measures to be 

implemented, but rather implements 

previously adopted and analyzed 

measures with adjustments, as specified 

in the 2006 Consolidated Atlantic HMS 

FMP and its amendments and the 

Environmental Assessment (EA) that 

accompanied the 2011 shark quota 

specifications rule (75 FR 76302; 

December 8, 2010). Thus, NMFS 

proposes to adjust quotas established 

and analyzed in the 2006 Consolidated 

Atlantic HMS FMP and its amendments 

by subtracting the underharvest or 

adding the overharvest as allowable. 

Thus, NMFS has limited flexibility to 

modify the quotas in this rule, the 

impacts of which were analyzed in 

previous regulatory flexibility analyses. 

Based on the 2017 ex-vessel price 

(Table 3), fully harvesting the 

unadjusted 2019 Atlantic shark 

commercial baseline quotas could result 

in total fleet revenues of $7,184,943. For 

the Gulf of Mexico blacktip shark 

management group, NMFS is proposing 

to increase the baseline sub-regional 

quotas due to the underharvests in 2018. 

The increase for the western Gulf of 

Mexico blacktip shark management 

group could result in a $79,243 gain in 

total revenues for fishermen in that subregion, while the increase for the eastern 

Gulf of Mexico blacktip shark 

management group could result in a 

$9,781 gain in total revenues for 

fishermen in that sub-region. For the 

Gulf of Mexico and Atlantic 

smoothhound shark management 

groups, NMFS is proposing to increase 

the baseline quotas due to the 

underharvest in 2018. This would cause 

a potential gain in revenue of $581,718 

for the fleet in the Gulf of Mexico region 

and a potential gain in revenue of 

$1,323,867 for the fleet in the Atlantic 

region. 

All of these changes in gross revenues 

are similar to the changes in gross 

revenues analyzed in the 2006 

Consolidated Atlantic HMS FMP and its 

amendments. The final regulatory 

flexibility analyses for those 

amendments concluded that the 

economic impacts on these small 

entities are expected to be minimal. In 

the 2006 Consolidated Atlantic HMS 

FMP and its amendments and the EA for 

the 2011 shark quota specifications rule, 

NMFS stated it would be conducting 

annual rulemakings and considering the 

potential economic impacts of adjusting 

the quotas for under- and overharvests 

at that time. 

TABLE 3—AVERAGE EX-VESSEL PRICES PER LB DW FOR EACH SHARK MANAGEMENT GROUP, 2017 

Region Species 

Average 

ex-vessel 

meat price 

Average 

ex-vessel 

fin price 

Western Gulf of Mexico ............................... Blacktip Shark ................................................................................ $0.51 $11.03 

Aggregated LCS ............................................................................ 0.51 12.51 

Hammerhead Shark ....................................................................... 0.67 11.67 

Eastern Gulf of Mexico ............................... Blacktip Shark ................................................................................ 0.62 8.22 

Aggregated LCS ............................................................................ 0.43 13.00 

Hammerhead Shark ....................................................................... 0.55 12.80 

Gulf of Mexico ............................................. Non-Blacknose SCS ...................................................................... 0.38 8.68 

Smoothhound Shark ...................................................................... 1.50 1.91 

Atlantic ......................................................... Aggregated LCS ............................................................................ 0.95 11.47 

Hammerhead Shark ....................................................................... 0.41 13.91 

Non-Blacknose SCS ...................................................................... 0.96 7.33 

Blacknose Shark ............................................................................ 1.05 7.33 

Smoothhound Shark ...................................................................... 0.70 1.63 

No Region ................................................... Shark Research Fishery (Aggregated LCS) .................................. 0.80 12.40 

Shark Research Fishery (Sandbar only) ....................................... 0.50 12.40 

Blue shark ...................................................................................... 1.40 11.44 

Porbeagle shark* ........................................................................... 1.54 2.82 

Other Pelagic sharks ..................................................................... 1.52 2.82 

* Used other pelagic shark ex-vessel prices for porbeagle sharks ex-vessel prices since there currently are no landings of porbeagle sharks. 

For this rule, NMFS also reviewed the 

criteria at § 635.27(b)(3) to determine 

when opening each fishery would 

provide equitable opportunities for 

fishermen, to the extent practicable, 

while also considering the ecological 

needs of the different species. The 

opening dates of the fishing season(s) 

could vary depending upon the 

available annual quota, catch rates, and 

number of fishing participants during 

the year. For the 2019 fishing year, 

NMFS is proposing to open all of the 

shark management groups on the 

effective date of the final rule for this 

action (expected to be on or about 

January 1). The direct and indirect 

economic impacts would be neutral on 


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45874 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Proposed Rules 

a short- and long-term basis because 

NMFS is not proposing to change the 

opening dates of these fisheries from the 

status quo. 

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

1801 et seq. 

Dated: September 5, 2018. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2018–19594 Filed 9–10–18; 8:45 am] 

BILLING CODE 3510–22–P 


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