57240 Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Proposed Rules 

and changing gear operation and 

deployment requirements. Regulatory 

changes of this nature tend to be 

reactive and result when current 

management measures need to be 

modified. Generally, the public is 

involved at the proposed rule stage for 

these types of regulatory changes. 

Annual specifications are another 

type of rulemaking action that NMFS 

uses to adjust the annual commercial 

shark quotas that are established in the 

FMP. The annual specifications take 

about 6 months to complete. Annual 

specifications adjust the quotas based 

on over- and underharvests in the 

previous year(s) and establish season 

opening dates for the Atlantic shark 

fishery. A recent example of an annual 

specification is the final rule that 

established quotas and season opening 

dates for the 2010 Atlantic shark 

commercial fishing season based on 

over- and underharvests in 2009 (75 FR 

250, January 5, 2010). Depending on the 

outcome of this ANPR process, NMFS 

will consider rules or FMP amendments 

as appropriate. 

IV. Summary 

This ANPR explains the Atlantic 

shark management history while also 

describing ongoing issues within the 

shark fishery, as well as many 

approaches to future management that 

NMFS could implement in order to 

address these issues in the future. Some 

of the ideas discussed are specific 

changes to the current quota and permit 

structures, which could potentially be 

implemented in the short-term through 

a regulatory action in one to two years. 

The other changes discussed include 

implementing a catch share or sector 

program for the Atlantic shark fishery, 

which could be implemented by 

amending the 2006 Consolidated HMS 

FMP. It is NMFS’s goal to move forward 

with proactive management for the 

Atlantic shark fishery and implement a 

viable and flexible solution that will 

achieve specific shark fishery goals and 

objectives for the future of the Atlantic 

shark fishery. 

V. Submission of Public Comments 

The comment period for all topics 

discussed in this ANPR closes on 

January 14, 2011. Please see the 

ADDRESSES section of this ANPR for 

additional information regarding the 

submission of written comments. 

NMFS requests comments on the 

potential adjustment of regulations or an 

FMP amendment governing the Atlantic 

shark quota and permit structure as well 

as comments on the potential 

consideration of catch shares and 

sectors for the Atlantic shark fishery. 

The preceding sections provide 

background information regarding these 

topics and ideas for potential changes. 

The public is encouraged to submit 

comments related to the specific ideas 

and questions asked in each of the 

preceding sections. NMFS is also 

seeking additional ideas/solutions for 

changes to the Atlantic shark fishery. 

All written comments received by the 

due date will be considered in drafting 

proposed changes to the Atlantic shark 

regulations. In developing any proposed 

regulations, NMFS must consider and 

analyze ecological, social, and economic 

impacts. Therefore, NMFS encourages 

comments that would contribute to the 

required analyses, and respond to the 

questions presented in this ANPR. 

VI. Public Meetings 

NMFS will hold six public meetings 

to receive comments from fishery 

participants and other members of the 

public regarding this ANPR. These 

meetings will be physically accessible to 

people with disabilities. Request for 

sign language interpretation or other 

auxiliary aids should be directed to 

Karyl Brewster-Geisz or LeAnn 

Southward Hogan at 301–713–2347 

(phone) or 301–713–19197 (fax), at least 

7 days prior to the meeting. For 

individuals unable to attend a meeting, 

NMFS also solicits written comments on 

the ANPR (see DATES and ADDRESSES). 

The meeting dates, locations, and 

times follow. All meetings will begin 

with an opportunity for individuals to 

view information on the issues raised in 

this ANPR and ask questions followed 

by a presentation and opportunity for 

public comment. 

1. September 21–23, 2010: HMS 

Advisory Panel Meeting, Crowne Plaza 

Hotel, 8777 Georgia Avenue, Silver 

Spring, MD 20910. 

2. October, 21, 2010: Ocean County 

Library, Stafford Branch, 129 North 

Main Street, Manahawkin, New Jersey 

08050, 6–9 p.m. 

3. October 26, 2010: Manteo Town 

Hall, 407 Budleigh Street, Manteo, 

North Carolina 27954, 6–9 p.m. 

4. November 8, 2010: Belle Chasse 

Auditorium, 8398 Highway 23, Belle 

Chasse, Louisiana 70037, 6–9 p.m. 

5. December 15, 2010: West St. 

Petersburg Community Library, 6605 

5th Avenue North, St. Petersburg, FL 

33710, 6–9 p.m. 

6. December 16, 2010: Fort Pierce 

Library, 101 Melody Lane, Fort Pierce, 

FL 34950, 5–8 p.m. 

Classification 

This action is not significant pursuant 

to Executive Order 12866. 

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq. 

Dated: September 14, 2010. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2010–23438 Filed 9–17–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 100622276–0307–02] 

RIN 0648–AY98 

Atlantic Highly Migratory Species; 

2011 Commercial Fishing Season and 

Adaptive Management Measures for 

the Atlantic Shark Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This proposed rule would 

establish opening dates and adjust 

quotas for the 2011 fishing season for 

sandbar sharks, non-sandbar large 

coastal sharks (LCS), small coastal 

sharks (SCS), and pelagic sharks. Quotas 

will be adjusted based on the framework 

established in Amendment 2 to the 2006 

Consolidated Highly Migratory Species 

Fishery Management Plan, which 

requires adjustments for any over- and/ 

or underharvests experienced during the 

2009 and 2010 Atlantic commercial 

shark fishing seasons. In addition to 

establishing opening dates and adjusting 

annual quotas, this proposed rule 

analyzes adaptive management 

measures, such as various opening dates 

for the fishing season as well as 

allowing adjustments through inseason 

actions in the allowable number of fish 

that can be taken via trip limits, to 

provide flexibility in management in 

furtherance of equitable fishing 

opportunities to the extent practicable 

for commercial shark fishermen in all 

regions and areas. The proposed 

measures could affect fishing 

opportunities for commercial shark 

fishermen in the Atlantic and Gulf of 

Mexico. 

DATES: Written comments will be 

accepted until October 20, 2010. NMFS 

will hold four public hearings on this 

proposed rule on September 22, 2010, in 

Silver Spring, MD; September 27, 2010, 


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Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Proposed Rules 57241 

in Tequesta, FL; October 4, 2010, in 

Belle Chasse, LA; and a meeting on 

October 6, 2010, via conference call to 

receive comments from fishery 

participants and other members of the 

public regarding this proposed rule. 

ADDRESSES: The public hearings will be 

held at the Crowne Plaza Hotel, 8777 

Georgia Avenue, Silver Spring, MD 

20910; Tequesta Branch Library, 461 

Old Dixie Highway North, Tequesta, FL 

33469; Belle Chasse Auditorium, 8398 

Highway 23, Belle Chasse, LA, 70037; 

and via conference call at 1–800–857– 

3903; passcode: 2381782. 

You may submit comments, identified 

by 0648–AY98, by any one of the 

following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal at http:// 

www.regulations.gov. 

• Fax: 301–713–1917, Attn: Karyl 

Brewster-Geisz or Guy ́ DuBeck, or Jackie 

Wilson at 404–806–9188. 

• Mail: 1315 East-West Highway, 

Silver Spring, MD 20910. Please mark 

the outside of the envelope ‘‘Comments 

on the Proposed Rule To Establish 

Quotas and Adaptive Management 

Measures for the 2011 Atlantic Shark 

Commercial Fishing Season.’’ 

• Instructions: No comments will be 

posted for public viewing until after the 

comment period has closed. All 

comments received are a part of the 

public record and generally will be 

posted to http://www.regulations.gov 

without change. All Personal Identifying 

Information (e.g., name, address) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Karyl Brewster-Geisz or Guy ́ DuBeck by 

phone: 301–713–2347 or fax: 301–713– 

1917, or Jackie Wilson by phone: 240– 

338–3936 or fax: 404–806–9188. 

SUPPLEMENTARY INFORMATION: 

Background 

The Atlantic shark fishery is managed 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act). The 2006 Consolidated HMS FMP 

and its amendments under the 

Magnuson-Stevens Act are implemented 

by regulations at 50 CFR part 635. 

On June 24, 2008, NMFS published a 

final rule (73 FR 35778, corrected at 73 

FR 40658, July 15, 2008) implementing 

Amendment 2 to the 2006 Consolidated 

HMS FMP (Amendment 2). That final 

rule established the annual quotas for 

sandbar sharks, non-sandbar LCS, and 

pelagic sharks, and also reduced the 

annual base quotas for non-sandbar LCS 

and sandbar sharks through December 

31, 2012, to account for large 

overharvests that occurred in 2007. The 

final rule also established a shark 

research fishery that allows for the 

commercial harvest of sandbar sharks; 

sandbar harvest is prohibited outside of 

the shark research fishery. In addition, 

that final rule established accounting 

measures for under- and overharvests 

and redefined the shark fishery regions. 

On June 1, 2010, NMFS published a 

final rule (75 FR 30484) implementing 

Amendment 3 to the 2006 Consolidated 

HMS FMP. This rule established, among 

other things, new base quotas for 

blacknose shark and non-blacknose SCS 

fisheries. 

Under Amendments 2 and 3 to the 

2006 Consolidated HMS FMP, the 

Atlantic shark annual quotas apply to 

all areas of the Atlantic Ocean, Gulf of 

Mexico, and Caribbean Sea. NMFS has 

split the non-sandbar LCS quota outside 

the research fishery between two 

regions, the Atlantic and Gulf of 

Mexico. The boundary delineating these 

two regions is a line beginning on the 

east coast of Florida, at the mainland, at 

25°20.4′ N. lat. and proceeding due east. 

Any water and land to the south and 

west of that boundary, including the 

Caribbean, is considered, for the 

purposes of quota monitoring and 

setting of quotas, to be within the Gulf 

of Mexico region. Any water and land 

to the north and east of that boundary, 

for the purposes of quota monitoring 

and setting of quotas, is considered to be 

within the Atlantic region. 

As described below, in addition to 

establishing the adjusted annual quotas, 

NMFS is also proposing several changes 

to the regulations regarding flexibility in 

season opening dates and retention 

limits. The following summarizes the 

current history of the program. 

In Amendment 2, NMFS decreased 

the number of fishing seasons from 

three seasons to one because of the 

reduced quotas that were implemented 

to rebuild overfished shark stocks, 

prevent overfishing, and meet the other 

objectives of Amendment 2. NMFS also 

reduced the commercial retention limits 

for non-sandbar LCS and prohibited the 

retention of sandbar sharks, except in a 

small shark research fishery. 

Historically, sandbar sharks accounted 

for majority of the sharks caught in the 

directed LCS fishery. As such, as 

described in Amendment 2, NMFS felt 

that prohibiting sandbar sharks in 

combination with low retention limits 

for non-sandbar LCS would reduce the 

LCS fishery to incidental levels. NMFS 

expected this incidental LCS fishery 

would last year-round and provide the 

mid-Atlantic fishery participants the 

opportunity to catch part of the nonsandbar LCS quota during the summer 

months when LCS migrate northward 

and for shark fishermen, who hold 

directed and incidental commercial 

shark permits, to be able to land LCS 

incidentally year-round as they targeted 

other species in other fisheries. 

However, this expectation did not 

happen in the 2009 or 2010 non-sandbar 

LCS fisheries as shark fishermen 

continued to direct on non-sandbar LCS, 

despite the low retention limits. 

In 2009, all the Atlantic commercial 

shark fisheries opened on January 23, 

2009 (73 FR 79005, December 24, 2008). 

On June 6, 2009, the non-sandbar LCS 

fishery closed in the Gulf of Mexico 

region (74 FR 26803, June 4, 2009). In 

the Gulf of Mexico region, fishery 

participants had limited opportunities 

to harvest the 2009 Gulf of Mexico nonsandbar LCS quota due to the June 6, 

2009 closure of the non-sandbar LCS 

fishery. State fishermen in Louisiana 

were further limited due to a state water 

closure from April 1–June 30. 

In 2009, the non-sandbar LCS fishery 

in the Atlantic region closed on July 1, 

2009 (74 FR 30479, June 26, 2009). Due 

to this closure, and also because of the 

mid-Atlantic bottom longline (BLL) 

closure in federal waters from January 

1–July 31; the state water closure in 

Virginia, Maryland, Delaware, and New 

Jersey from May 15–July 15; and the 

limited availability of non-sandbar LCS 

in northern Atlantic waters at the 

beginning of the year due to migratory 

patterns, the fishery participants from 

North Carolina and northward did not 

have a non-sandbar LCS fishing season 

in 2009. 

In 2009, NMFS received requests to 

consider delaying the 2010 non-sandbar 

LCS fishing season until July in the 

Atlantic region to allow more shark 

fishing opportunities in the MidAtlantic. NMFS delayed the opening of 

the 2010 non-sandbar LCS in the 

Atlantic region until July 15, 2010, in 

order to allow for more equitably 

distributed shark fishing opportunities 

as intended by Amendment 2. It is too 

early to determine if the delay in the 

Atlantic region until July 15 provided 

more broadly distributed opportunities 

to all fishermen in that region. 

For the Gulf of Mexico region in 2010, 

the season opened on February 4, 2010 


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57242 Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Proposed Rules 

(75 FR 250), and then closed six weeks 

later on March 17, 2010 (75 FR 12700), 

when the quota was taken. Because of 

the closure and inclement weather in 

the area, many fishery participants in 

the region did not have opportunities to 

participate in the 2010 Gulf of Mexico 

non-sandbar LCS fishery. 

Based on these experiences, NMFS is 

considering measures in a draft 

environmental assessment that would 

provide NMFS annual flexibility to 

extend all of the shark fishery seasons 

to provide participants from all areas 

expanded opportunities to harvest a 

portion of the available non-sandbar 

LCS shark quota in the Atlantic and 

Gulf of Mexico regions. These measures 

would consider criteria that could be 

used to delay the opening of the fishing 

season through the annual 

specifications process as well as to 

adjust trip limits via inseason actions to 

provide expanded access to the resource 

and to address ecological concerns. This 

flexibility would allow NMFS to 

consider unanticipated events including 

large scale issues (e.g., BP/Deepwater 

Horizon oil spill) or small scale issues 

(e.g., inclement weather or slight shifts 

in migratory patterns due to colder or 

warmer water) in order to provide more 

equitable fishing opportunities across 

all regions to the extent practicable. 

Accounting for Under- and 

Overharvests 

Consistent with § 635.27(b)(1)(i)(A), if 

the available non-sandbar LCS quota in 

a particular region or in the research 

fishery is exceeded in any fishing 

season, NMFS will deduct an amount 

equivalent to the overharvest(s) from the 

quota in that region or in the research 

fishery for the following fishing season 

or, depending on the level of 

overharvest(s), NMFS may deduct an 

amount equivalent to the overharvest(s) 

spread over a number of subsequent 

fishing seasons to a maximum of five 

years, in the specific region or research 

fishery where the overharvest occurred. 

If the available quota for sandbar sharks, 

blacknose sharks, non-blacknose SCS, 

blue sharks, porbeagle sharks, and 

pelagic sharks (other than porbeagle or 

blue sharks) is exceeded in any fishing 

season, NMFS will deduct an amount 

equivalent to the overharvest(s) from the 

following fishing season quota or, 

depending on the level of 

overharvest(s), NMFS may deduct an 

amount equivalent to the overharvest(s) 

spread over a number of subsequent 

fishing seasons to a maximum of five 

years. If the blue shark quota is 

exceeded, NMFS will reduce the annual 

commercial quota for pelagic sharks by 

the amount that the blue shark quota is 

exceeded prior to the start of the next 

fishing year or, depending on the level 

of overharvest(s), deduct an amount 

equivalent to the overharvest(s) spread 

over a number of subsequent fishing 

years to a maximum of five years. 

Consistent with § 635.27(b)(1)(i)(B), if 

an annual quota for sandbar sharks, 

blacknose sharks, non-blacknose SCS, 

blue sharks, porbeagle sharks, or pelagic 

sharks (other than porbeagle or blue 

sharks) is not exceeded, NMFS may 

adjust the annual quota depending on 

the status of the stock or quota group. 

If the annual quota for non-sandbar LCS 

is not exceeded in either region or in the 

research fishery, NMFS may adjust the 

annual quota for that region or the 

research fishery depending on the status 

of the stock or quota group. If the stock/ 

complex (e.g., sandbar sharks, porbeagle 

sharks, non-sandbar LCS, blue sharks) 

or specific species within a quota group 

(e.g., blacktip sharks within the nonsandbar LCS complex) is declared to be 

overfished, to have overfishing 

occurring, or to have an unknown 

status, NMFS will not adjust the 

following fishing year’s quota for any 

underharvest, and the following fishing 

year’s quota will be equal to the base 

annual quota (or the adjusted base quota 

for sandbar sharks and non-sandbar LCS 

until December 31, 2012). 

Currently, blacknose sharks and 

sandbar sharks have been determined to 

be overfished with overfishing 

occurring. Porbeagle sharks have been 

determined to be overfished. Blue 

sharks and pelagic sharks (other than 

porbeagle or blue sharks) have an 

unknown stock status. Finally, blacktip 

sharks in the Gulf of Mexico region were 

determined to not be overfished with no 

overfishing occurring. However, 

blacktip sharks are included in the nonsandbar LCS complex for the Atlantic 

and Gulf of Mexico regions, the status 

of which has been determined to be 

unknown. As a result, no underharvests 

from the 2010 Atlantic commercial 

shark fishing season would be applied 

to the 2011 annual quotas or adjusted 

base quotas of these complexes. 

Thus, the 2011 proposed quotas 

would be equal to the base annual quota 

for blacknose sharks, porbeagle sharks, 

blue sharks, and pelagic sharks (other 

than porbeagle or blue sharks) or the 

adjusted base annual quota for sandbar 

sharks and non-sandbar LCS, minus any 

potential overharvests that occurred in 

the 2009 and 2010 fishing seasons. 

The non-blacknose SCS complex has 

been determined to not be overfished 

and has no overfishing occurring; 

therefore, any underharvest from the 

2010 Atlantic commercial shark fishing 

season would be applied to the 2011 

annual quotas or adjusted base quotas. 

2011 Proposed Quotas 

This rule proposes minor changes to 

the overall adjusted base and annual 

commercial quotas due to overharvests 

that occurred in 2009 and 2010. The 

proposed 2011 quotas by species and 

species group are summarized in Table 

1. 

Based on dealer reports received as of 

July 31, 2010, the non-sandbar LCS 

quota in the Gulf of Mexico region was 

exceeded during the 2010 Atlantic 

commercial shark fishing season. In the 

final rule, NMFS will adjust the quotas 

based on dealer reports received as of 

October 31, 2010. Thus, all of the 2011 

proposed quotas for the respective shark 

complexes/species are subject to change 

if any overharvests occur before the 

final rule for this action. All dealer 

reports that are received by NMFS after 

October 31, 2010, will be used to adjust 

the 2012 quotas, as appropriate. 

TABLE1—2011 PROPOSED QUOTAS AND OPENING DATES FOR THE ATLANTIC SHARK FISHERIES

[All quotas and landings are dressed weight (dw), in metric tons (mt), unless specified otherwise] 

Species group Region 2010 annual quota Preliminary 2010 

landings1 Overharvest 2011 Base annual 

quota2

2011 Proposed 

quota 

Season opening 

dates 

(A) (B) (C) (D) (D–C) 

Non-Sandbar Large 

Coastal Sharks.

Gulf of Mexico ....... 390.5 (860,896 lb 

dw).

407.9 (899,896 lb 

dw).

17.4 390.5 (860,896 lb 

dw).

373.1 (822,536 lb 

dw).

On or about January 1, 2011. 

Atlantic .................. 169.7 (374,121 lb 

dw).

22.2 (49,026 lb dw) .................... 187.8 (414,024 lb 

dw).

190.43 (419,756 lb 

dw).

July 15, 2011. 

Non-Sandbar LCS 

Research Quota.

No regional quotas 37.5 (82,673 lb dw) 25.2 (55,487 lb dw) .................... 37.5 (82,673 lb dw) 37.5 (82,673 lb 

dw). 


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TABLE1—2011 PROPOSED QUOTAS AND OPENING DATES FOR THE ATLANTIC SHARK FISHERIES—Continued 

[All quotas and landings are dressed weight (dw), in metric tons (mt), unless specified otherwise] 

Species group Region 2010 annual quota Preliminary 2010 

landings1 Overharvest 2011 Base annual 

quota2

2011 Proposed 

quota 

Season opening 

dates 

(A) (B) (C) (D) (D–C) 

Sandbar Research 

Quota.

No regional quotas 87.9 (193,784 lb 

dw).

42.6 (93,844 lb dw) .................... 87.9 (193,784 lb 

dw).

87.9 (193,784 lb 

dw). 

Non-Blacknose 

Small Coastal 

Sharks.

No regional quotas 221.6 (488,539 lb 

dw).

40.0 (88,187 lb dw) .................... 221.6 (488,539 lb 

dw).

221.6 (488,539 lb 

dw).

On or about January 1, 2011. 

Blacknose Sharks No regional quotas 19.9 (43,872 lb dw) 6.8 (15,082 lb dw) .................... 19.9 (43,872 lb dw) 19.9 (43,872 lb 

dw). 

Blue Sharks ........... No regional quotas 273 (601,856 lb 

dw).

3.4 (7,388 lb dw) ... .................... 273 (601,856 lb 

dw).

273 (601,856 lb 

dw). 

Porbeagle Sharks No regional quotas 1.5 (3,307 lb dw) ... 1.3 (2,824 lb dw) ... .................... 1.7 (3,748 lb dw) ... 1.7 (3,748 lb dw). 

Pelagic Sharks 

Other Than 

Porbeagle or 

Blue.

No regional quotas 488 (1,075,856 lb 

dw).

92.9 (204,750 lb 

dw).

.................... 488 (1,075,856 lb 

dw).

488 (1,075,856 lb 

dw).

1 Landings are from January 1, 2010, until July 31, 2010, and are subject to change. 

2 2010 annual base quotas for sandbar and non-sandbar LCS are the annual adjusted base quotas that are effective from July 24, 2008, until December 31, 2012 

(50 CFR 635.27(b)(1)(iii) and (iv)). 3 NMFS intends to adjust the 2011 quota for Atlantic non-sandbar LCS to account for the 2.6 mt dw that was over estimated in the landings report in 2010 after the 

final rule establishing the 2010 quota published. 

1. Proposed 2011 Quotas for NonSandbar LCS and Sandbar Sharks 

Within the Shark Research Fishery 

The 2011 proposed commercial 

quotas within the shark research fishery 

are 37.5 mt dw (82,673 lb dw) for nonsandbar LCS and 87.9 mt dw (193,784 

lb dw) for sandbar sharks. This 

proposed rule would not change any of 

the overall adjusted base commercial 

quotas. 

Within the shark research fishery, as 

of July 31, 2010, preliminary reported 

landings of non-sandbar LCS were at 

67.1 percent (25.2 mt dw), and sandbar 

shark reported landings were at 48.4 

percent (42.6 mt dw). Reported landings 

have not exceeded the 2010 quota to 

date. Therefore, based on preliminary 

estimates and consistent with the 

current regulations at § 635.27(b)(1)(vii), 

NMFS is not proposing to reduce 2011 

quotas in the shark research fishery 

based on any overharvests. 

Under § 635.27(b)(1)(i)(A), because 

individual species, complexes, or 

species within a complex have been 

determined to be either overfished, have 

overfishing occurring, overfished with 

overfishing occurring, or have an 

unknown status, underharvests for these 

species and/or complexes would not be 

applied to the 2011 quotas. Therefore, 

NMFS proposes 2011 quotas for nonsandbar LCS and sandbar sharks within 

the shark research fishery would be 37.5 

mt dw (82,673 lb dw) and 87.9 mt dw 

(193,784 lb dw), respectively. 

2. Proposed 2011 Quotas for the NonSandbar LCS in the Gulf of Mexico 

Region 

The 2011 proposed quota for nonsandbar LCS in the Gulf of Mexico 

region is 373.1 mt dw (822,536 lb dw). 

As of July 31, 2010, preliminary 

reported landings were at 104.5 percent 

(407.9 mt dw) for non-sandbar LCS in 

the Gulf of Mexico region. These 

reported landings exceed the 2010 quota 

by 17.4 mt dw. As such, NMFS’s 

proposal deducts the overharvest from 

the 2011 annual quota. Therefore, the 

2011 proposed quota for non-sandbar 

LCS in the Gulf of Mexico region is 

373.1 mt dw (822,536 lb dw) (390.5 mt 

dw annual base quota—17.4 mt dw of 

2010 overage = 373.1 mt dw 2011 

adjusted annual quota). 

3. Proposed 2011 Quotas for the NonSandbar LCS in the Atlantic Region 

The 2011 proposed quota for nonsandbar LCS in the Atlantic region is 

190.4 mt dw (419,756 lb dw). As of July 

31, 2010, preliminary reported landings 

were at 13.1 percent (22.2 mt dw) for 

non-sandbar LCS in the Atlantic region 

as the commercial season opened on 

July 15, 2010. In the final rule 

establishing the 2010 quotas (75 FR 250, 

January 5, 2010), NMFS accounted for 

an overharvest of non-sandbar LCS of 

18.1 mt dw (39,903 lb dw) using data 

that was reported as of October 31, 

2009. Between that date and December 

31, 2009, the reported landings dropped 

by 2.6 mt dw. This decline is due to 

normal quality control procedures that 

occur when updated data are supplied. 

As such, in accordance with 

§ 635.27(b)(1)(i), the amount that was 

deducted from the 2010 annual quota, 

based on preliminary numbers that were 

later corrected, would be added to the 

proposed 2011 non-sandbar LCS quota 

in the Atlantic region. Thus, the 2011 

proposed commercial non-sandbar LCS 

quota would be 190.4 mt dw (419,756 lb 

dw) (187.8 mt dw annual base quota + 

2.6 mt dw 2009 over estimated landings 

= 190.4 mt dw 2011 adjusted annual 

quota). 

4. Proposed 2011 Quotas for SCS and 

Pelagic Sharks 

The 2011 proposed annual 

commercial quotas for non-blacknose 

SCS, blacknose sharks, blue sharks, 

porbeagle sharks, and pelagic sharks 

(other than porbeagle or blue sharks) are 

221.6 mt dw (488,539 lb dw), 19.9 mt 

dw (43,872 lb dw), 273 mt dw (601,856 

lb dw), 1.7 mt dw (3,748 lb dw), and 488 

mt dw (1,075,856 lb dw), respectively. 

As of July 31, 2010, preliminary 

reported landings of non-blacknose SCS, 

blacknose sharks, blue sharks, porbeagle 

sharks, and pelagic sharks (other than 

porbeagle and blue sharks) were at 18 

percent (40 mt dw), 34.4 percent (6.8 mt 

dw), 1.2 percent (3.4 mt dw), 85 percent 

(1.3 mt dw), and 19 percent (92.9 mt 

dw), respectively. These landings are 

within the available quotas at this time. 

As described above, while NMFS may 

adjust quotas for underharvests 

depending on stock status, NMFS will 

always adjust quotas for overharvests. 

Non-blacknose SCS have not been 

declared to be overfished, to have 

overfishing occurring, or to have an 

unknown status. As such, any 

underharvests for the non-blacknose 

SCS would be applied to the 2011 

quotas. 

All the other SCS or pelagic species 

are considered overfished, to have 

overfishing occurring, or to have an 

unknown status. Therefore, the 2011 

proposed quotas would be the base 

annual quotas for non-blacknose SCS, 

blacknose sharks, blue sharks, porbeagle 


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sharks, and pelagic sharks (other than 

blue and porbeagle sharks) (221.6 mt dw 

(488,539 lb dw), 19.9 mt dw (43,872 lb 

dw), 273 mt dw (601,856 lb dw), 1.7 mt 

dw (3,748 lb dw), and 488 mt dw 

(1,075,856 lb dw), respectively). 

Proposed Adaptive Management 

Measures 

Under the current regulations, the 

Atlantic shark commercial fishing 

seasons for each species or species 

complex is anticipated to open on or 

about January 1 of each year, and 

continue year-round. In recent years, the 

quota for some of the shark species 

groups and regions has lasted only a 

short period of time instead lasting yearround as expected under Amendment 2. 

For example, in the Atlantic region in 

2009, the non-sandbar LCS quota lasted 

for approximately six months, and in 

the Gulf of Mexico in 2010, the nonsandbar LCS quota was taken within six 

weeks. 

One approach to the proposed 

adaptive management measures in the 

environmental assessment would be to 

maintain the status quo approach to 

establishing trip limits (33 non-sandbar 

LCS/trip) as well as consider 

alternatives to allow inseason flexibility 

regarding trip limits in order to extend 

fishing opportunities year-round. This 

approach would either maintain the 

current 33 non-sandbar LCS trip limits 

(sub-alternative 1A) or consider 

reductions in the trip limits to help 

ensure the fishing season extends 

throughout the year (sub-alternatives 1B 

and 1C). 

A second approach would be to allow 

flexibility in the opening of the season 

for Atlantic shark fisheries through the 

annual specifications process and 

inseason actions to adjust shark trip 

limits in either region to provide 

expanded opportunities for constituents 

across the fishery, as is the intent of 

Amendment 2. In addition, having such 

flexibility would help NMFS respond 

throughout the management region to 

any future unanticipated large and small 

scale events. 

This second approach was also 

analyzed in Amendment 2; however, as 

described in Amendment 2, NMFS did 

not select this approach at that time 

because NMFS felt that fishermen 

would fish for non-sandbar LCS in an 

incidental manner. As described earlier, 

after Amendment 2, fishermen 

continued to direct on non-sandbar LCS. 

Neither approach would alter the 

objectives in the 2006 Consolidated 

HMS FMP or its Amendments. Rather, 

these two approaches look at different 

ways of maintaining the shark fishery 

given rebuilding plans and other 

management measures, such as time/ 

area closures, that were designed to 

rebuild overfished stocks, prevent 

overfishing, and provide opportunities 

to fish for some shark species, as 

appropriate. Neither approach would 

change the overall quota, the rebuilding 

plan, time/area closures, or other 

management measures. Only the 

opening dates and retention limits 

would change under these approaches. 

Thus, the main differences between the 

approaches are how fast and at what 

time of year the quota will be taken. In 

considering these approaches, NMFS 

analyzed several alternatives in the 

environmental assessment. 

Sub-alternative 1A, the no action 

alternative, would maintain the existing 

regulations for the current trip limits 

established in the 2006 Consolidated 

HMS FMP and its amendments. The 

Atlantic shark commercial fishing 

season for each species or species 

complex would be anticipated to open 

on or about January 1 of each year and 

continue until the fishery is closed. 

Additionally, over- or underharvests in 

a given fishing year would be accounted 

for in the following year depending on 

the status of the species. 

Sub-alternative 1B would allow 

NMFS to modify the non-sandbar LCS 

trip limit through an inseason action, if 

needed, to extend the fishing season in 

the Gulf of Mexico region if the 

available quota is being harvested at a 

rate that would not ensure a reasonable 

season length. The trip limit could be 

reduced from the current trip limit 

established under Amendment 2 to the 

2006 Consolidated HMS FMP down to 

zero non-sandbar LCS per trip based on 

the amount of remaining quota and the 

time left in a given fishing season. 

NMFS’ decision to reduce the trip limit, 

and to what extent it would be reduced, 

would be based on the criteria discussed 

under sub-alternative 2B. 

Sub-alternative 1C would modify the 

non-sandbar LCS trip limit through an 

inseason action, as needed, to extend 

the fishing season in the Atlantic region 

if the available quota is being harvested 

at a rate that would not allow for a 

reasonable season length. Similar to 

sub-alternative 1B, the trip limit could 

be reduced and decisions to reduce the 

trip limit would be based on the criteria 

discussed under sub-alternative 2B. 

Alternative 2, the preferred 

alternative, considers multiple subalternatives that would revisit the 

current shark management structure. 

These proposed management measures 

would allow flexibility in setting the 

opening date of the Atlantic shark 

fisheries through the annual 

specifications process and allow for 

more equitable fishing opportunities for 

constituents across all areas. Another 

proposed management measure would 

provide flexibility by allowing inseason 

actions to make adjustments to the nonsandbar LCS trip limits in either region 

to provide equitable opportunities for 

constituents across the fishery, as is the 

intent of Amendment 2. 

Sub-alternative 2A, a preferred 

alternative in the environmental 

assessment, would establish a process 

and criteria for selecting the opening 

dates of the shark fisheries through the 

annual specifications process in the 

Atlantic and Gulf of Mexico regions. 

This alternative presumes that the 

quotas for some fisheries, such as the 

non-sandbar LCS fisheries, would not 

last the entire fishing year given that the 

fishing behavior has changed since the 

implementation of Amendment 2. This 

alternative would provide additional 

flexibility to ensure the fisheries open at 

times beneficial for fishermen while 

also considering the ecological needs of 

the different species. Consistent with 

current practice, NMFS would establish 

the yearly shark quotas and announce 

the opening of the fishing season 

through annual rulemaking with notice 

and public comment at the beginning of 

each fishing season. Under this 

alternative, NMFS would consider the 

following criteria and other relevant 

factors in establishing the opening 

dates: 

1. The available annual quotas for the 

current fishing season for the different 

species/complexes based on any overand/or underharvests experienced 

during the previous commercial shark 

fishing seasons; 

2. Estimated season length based on 

available quota(s) and average weekly 

catch rates of different species/ 

complexes in the Atlantic and Gulf of 

Mexico regions from the previous years; 

3. Length of the season for the 

different species/complexes in the 

previous years and whether fishermen 

were able to participate in the fishery in 

those years; 

4. Variations in seasonal distribution, 

abundance, or migratory patterns of the 

different species/complexes based on 

scientific and fishery information; 

5. Effects of catch rates in one part of 

a region precluding vessels in another 

part of that region from having a 

reasonable opportunity to harvest a 

portion of the different species/ 

complexes quotas; 

6. Effects of the adjustment on 

accomplishing the objectives of the 2006 

Consolidated HMS FMP and its 

amendments; and/or 


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7. Effects of a delayed opening with 

regard to fishing opportunities in other 

fisheries. 

Sub-alternative 2B, a preferred 

alternative in the environmental 

assessment, would provide NMFS the 

ability to adjust the trip limits via 

inseason actions based on certain 

criteria. This alternative presumes that 

the quotas for some fisheries, such as 

the non-sandbar LCS fisheries, would 

not last the entire fishing year given that 

the fishing behavior has changed since 

the implementation of Amendment 2 

and builds in flexibility to try to extend 

the availability of the quota. The goal of 

the alternative is to lengthen the season 

to provide, to the extent practicable, 

equitable opportunities across the 

fishing management region while also 

considering the ecological needs of the 

different species. The criteria NMFS 

would consider in making adjustments 

via inseason actions to trip limits in 

either the Atlantic or Gulf of Mexico 

regions would be the following: 

1. The amount of remaining shark 

quota in the relevant area or region, to 

date, based on dealer reports; 

2. The catch rates of the relevant 

shark species/complexes, to date, based 

on dealer reports; 

3. Estimated date of fishery closure 

based on when the landings are 

projected to reach 80 percent of the 

quota given the realized catch rates; 

4. Effects of the adjustment on 

accomplishing the objectives of the 2006 

Consolidated HMS FMP and its 

amendments; 

5. Variations in seasonal distribution, 

abundance, or migratory patterns of the 

relevant shark species based on 

scientific and fishery-based knowledge; 

and/or, 

6. Effects of catch rates in one part of 

a region precluding vessels in another 

part of that region from having a 

reasonable opportunity to harvest a 

portion of the relevant quota. 

For the 2011 Atlantic commercial 

shark fishing season, NMFS does not 

propose to change the trip limit when 

the season opens. Currently, the trip 

limits are 33 non-sandbar LCS per trip 

for shark directed permit holders and 3 

non-sandbar LCS per trip for shark 

incidental permit holders. Under subalternative 2B, NMFS could later modify 

the trip limits through an inseason 

action with five days’ advance notice 

from filing of such a change. 

Proposed Fishing Season Notification 

for the 2011 Atlantic Commercial Shark 

Fishing Season 

Based on the proposed criteria and 

processes described above, NMFS 

proposes that the 2011 Atlantic 

commercial shark fishing season for the 

shark research, non-sandbar LCS in the 

Gulf of Mexico region, non-blacknose 

SCS, blacknose sharks, blue sharks, 

porbeagle sharks, and pelagic sharks 

(other than porbeagle and blue sharks) 

in the northwestern Atlantic Ocean, 

including the Gulf of Mexico and the 

Caribbean Sea, would open on the 

effective date of the final rule for this 

action. NMFS proposes to open the 

Atlantic non-sandbar LCS fishery on 

July 15, 2011. The delay in the Atlantic 

non-sandbar LCS fishery would provide, 

to the extent practicable, equitable 

opportunities across the fishing 

management region while also 

considering the ecological needs of the 

different species. Without delaying the 

opening date, based on catch rates from 

2009, the south Atlantic fishermen 

would likely catch the regional quota 

before the sharks could migrate to the 

north Atlantic area. 

All of the shark fisheries would 

remain open until December 31, 2011, 

unless NMFS determines that the 

fishing season landings for sandbar 

shark, non-sandbar LCS, blacknose 

sharks, non-blacknose SCS, blue sharks, 

porbeagle sharks, or pelagic sharks 

(other than porbeagle or blue sharks) 

have reached, or are projected to reach, 

80 percent of the available quota. At that 

time, consistent with § 635.28(b)(1), 

NMFS will file for publication with the 

Office of the Federal Register a notice of 

closure for that shark species group and/ 

or region that will be effective no fewer 

than 5 days from 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, the fishery for the 

shark species group and, for nonsandbar LCS, region would remain 

closed, even across fishing years, 

consistent with § 635.28(b)(2). 

Request for Comments 

Comments on this proposed rule may 

be submitted via http:// 

www.regulations.gov, mail, or fax. 

Comments may also be submitted at a 

public hearing (see Public Hearings and 

Special Accommodations below). NMFS 

solicits comments on this proposed rule 

by October 20, 2010 (see DATES and 

ADDRESSES). NMFS will hold four 

public hearings for this proposed rule. 

These hearings will be physically 

accessible to people with disabilities. 

Requests for sign language 

interpretation or other auxiliary aids 

should be directed to Guy ́ DuBeck at 

(301) 713–2347 or Jackie Wilson at (240) 

338–3936 at least 7 days prior to the 

hearing date. The public is reminded 

that NMFS expects participants at the 

public hearings to conduct themselves 

appropriately. At the beginning of each 

public hearing, a representative of 

NMFS will explain the ground rules 

(e.g., alcohol is prohibited from the 

hearing room; attendees will be called to 

give their comments in the order in 

which they registered to speak; each 

attendee will have an equal amount of 

time to speak; and attendees should not 

interrupt one another). The NMFS 

representative will attempt to structure 

the meeting so that all attending 

members of the public will be able to 

comment, if they so choose, regardless 

of the controversial nature of the 

subject(s). Attendees are expected to 

respect the ground rules, and, if they do 

not, they will be asked to leave the 

hearing. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that the proposed rule is consistent with 

the 2006 Consolidated HMS FMP and 

its amendments, other provisions of the 

MSA, and other applicable law, subject 

to further consideration after public 

comment. 

NMFS prepared an environmental 

assessment for this rule that discusses 

the impact on the environment as a 

result of this rule. In this proposed 

action, NMFS is considering adding 

flexibility to shark management 

measures by analyzing criteria that 

would allow for delays to the start of the 

different shark species/complex fishing 

seasons each year as well as allow for 

inseason adjustments to the shark trip 

limits, as appropriate, to extend the 

fishing season, as necessary. These 

measures are meant to provide, to the 

extent practicable, equitable 

opportunities across the fishing 

management region while also 

considering the ecological needs of the 

different species. A copy of the 

environmental assessment is available 

from NMFS (see ADDRESSES). 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

An initial regulatory flexibility 

analysis (IRFA) was prepared, as 

required by section 603 of the RFA 

(RFA). The IRFA describes the 

economic impact this proposed rule, if 

adopted, would have on small entities. 

A description of the action, why it is 

being considered, and the legal basis for 

this action are contained at the 

beginning of this section in the 

preamble and in the SUMMARY section of 

the preamble. A summary of the 

analysis follows. A copy of this analysis 


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is available from NMFS (see 

ADDRESSES). 

In compliance with section 603(b)(1) 

of the Regulatory Flexibility Act, the 

purpose of this proposed rulemaking is, 

consistent with the Magnuson-Stevens 

Act and the 2006 Consolidated HMS 

FMP and its amendments, to adjust the 

2011 proposed quotas for non-sandbar 

LCS, sandbar sharks, blacknose sharks, 

non-blacknose SCS, blue sharks, 

porbeagle sharks, or pelagic sharks 

(other than porbeagle or blue sharks) 

based on overharvests from the previous 

fishing year. An additional purpose is to 

provide flexibility in the regulations to 

allow for a delay in the opening of the 

fishing season, and allow inseason 

adjustments in the trip limits to slow 

the fishery down during the season, as 

necessary. This flexibility is intended to 

provide, to the extent practicable, 

equitable opportunities across the 

fishing management region while also 

considering the ecological needs of the 

different species. 

In compliance with section 603(b)(2) 

of the Regulatory Flexibility Act, the 

objectives of this proposed rulemaking 

are to: (1) Adjust the annual quotas for 

non-sandbar LCS in the Atlantic region 

due to overestimations in the final rule 

in 2010 and non-sandbar LCS in the 

Gulf of Mexico region due to minor 

overharvests in 2010; (2) create new 

criteria and a process for selecting the 

opening dates of the shark fisheries in 

the Atlantic and Gulf of Mexico regions; 

and (3) adjust the trip limits inseason 

for non-sandbar LCS based on certain 

criteria and processes. 

Section 603(b)(3) requires Federal 

agencies to provide an estimate of the 

number of small entities to which the 

rule would apply. NMFS considers all 

HMS permit holders to be small entities 

because they either had average annual 

receipts less than $4.0 million for fishharvesting, average annual receipts less 

than $6.5 million for charter/party 

boats, 100 or fewer employees for 

wholesale dealers, or 500 or fewer 

employees for seafood processors. These 

are the Small Business Administration 

(SBA) size standards for defining a 

small versus large business entity in this 

industry. 

The commercial shark fishery is 

comprised of fishermen who hold a 

shark directed or incidental limited 

access permits (LAP) and the related 

industries including processors, bait 

houses, and equipment suppliers, all of 

which NMFS considers to be small 

entities according to the size standards 

set by the SBA. The proposed rule 

would apply to the approximately 221 

directed commercial shark permit 

holders, 2782 incidental commercial 

shark permit holders, and 105 

commercial shark dealers as of 

November 5, 2009. 

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, domestic laws, and other 

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 Species Act, the National 

Environmental Policy Act, the 

Paperwork Reduction Act, and the 

Coastal Zone Management Act. NMFS 

does not believe that the new 

regulations proposed to be implemented 

would duplicate, overlap, or conflict 

with any relevant regulations, Federal or 

otherwise. 

Under section 603(c), agencies are 

required to describe any alternatives to 

the proposed rule which accomplish the 

stated objectives and which minimize 

any significant economic impacts. These 

impacts are discussed below and in the 

Environmental Assessment for the 

proposed action. Additionally, the 

Regulatory Flexibility Act (5 U.S.C. 603 

(c) (1)–(4)) lists four general categories 

of significant alternatives that would 

assist an agency in the development of 

significant alternatives. These categories 

of alternatives are: (1) Establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) clarification, consolidation, 

or simplification of compliance and 

reporting requirements under the rule 

for such small entities; (3) use of 

performance rather than design 

standards; and (4) exemptions from 

coverage of the rule for small entities. 

In order to meet the objectives of this 

proposed rule, consistent with 

Magnuson-Stevens Act and the 

Endangered Species Act (ESA), NMFS 

cannot exempt small entities or change 

the reporting requirements only for 

small entities. Thus, there are no 

alternatives discussed that fall under the 

first and fourth categories described 

above. In addition, none of the 

alternatives considered would result in 

additional reporting or compliance 

requirements (category two above). 

NMFS does not know of any 

performance or design standards that 

would satisfy the aforementioned 

objectives of this rulemaking while, 

concurrently, complying with the 

Magnuson-Stevens Act. As described 

below, NMFS analyzed two different 

main alternatives in this proposed 

rulemaking with 5 sub-alternatives and 

provides justification for selection of the 

preferred alternative to achieve the 

desired objective. 

NMFS considered two main 

alternatives for the shark fishery in the 

short term. One approach would be to 

maintain the status quo approach to 

establishing trip limits (33 non-sandbar 

LCS/trip) as well as consider 

alternatives to allow inseason flexibility 

regarding trip limits in order to extend 

fishing opportunities year-round 

(alternative 1 and its sub-alternatives). 

The other approach would be to allow 

flexibility in the opening of the season 

for Atlantic shark fisheries through the 

annual specifications process and allow 

adjustments via inseason actions to 

shark trip limits in either region to 

provide expanded opportunities for 

constituents across the fishery, as is the 

intent of Amendment 2 (alternative 2 

and its sub-alternatives). 

Under alternative 1, NMFS 

considered three sub-alternatives. Subalternative 1A, the No Action 

alternative, would maintain the current 

vessel trip regulations for non-sandbar 

LCS. This would result in no additional 

impacts to small entities. Limited access 

directed shark permit holders would 

continue to be able to land up to 33 nonsandbar LCS per trip. On average, 

between 2008 and 2009, approximately 

47 vessels with directed shark permits 

and 15 vessels with incidental shark 

permits had non-sandbar LCS landings. 

The estimated total trip revenue for a 

maximum trip of 33 sharks is estimated 

to be $1,920 in the Gulf of Mexico and 

$1,767 in the Atlantic. However, this 

trip limit as implemented has resulted 

in shortened fishing seasons in 2009 

and 2010 due to regional non-sandbar 

LCS quotas being filled before the end 

of the fishing year. Fishermen in some 

areas, such as the north Atlantic, were 

not able to harvest a portion of the 2009 

non-sandbar LCS quota as intended in 

Amendment 2 because the quota was 

harvested before sharks migrated to 

northern waters in the Atlantic in 2009. 

As such, sub-alternative 1A is not likely 

to meet the objective of this proposed 

rule to provide fishery participants an 

equal opportunity to the extent 

practicable to harvest the full shark 

quotas. 

Sub-alternative 1B would establish a 

new non-sandbar LCS trip limit that 

would extend the fishing season in the 

Gulf of Mexico region based on 

remaining quota and time left in the 

fishing season. On average between 

2008 and 2009, approximately 20 


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vessels with directed shark permits and 

4 vessels with incidental shark permits 

had non-sandbar LCS landings in the 

Gulf of Mexico region. The direct 

economic impacts to shark fishermen in 

the Gulf of Mexico region would depend 

on the reduction in the trip limit. 

Approximately 81 percent of the Gulf of 

Mexico trips retained 29 or fewer nonsandbar LCS per trip. Therefore, for a 

majority of trips, NMFS anticipates that 

a reduction in the trip limit from 33 

non-sandbar LCS to 29 non-sandbar LCS 

would have a neutral impact on 

fishermen as fishing and business 

practices are not anticipated to change 

due to such a reduction. Reducing the 

trip limit from 33 non-sandbar LCS to 

29 non-sandbar LCS would potentially 

reduce the maximum revenue per trip 

by an average of $233 per trip in the 

Gulf of Mexico. This estimate is based 

on the average non-sandbar shark 

weight and 2009 median ex-vessel 

prices for non-sandbar LCS and shark 

fin in the Gulf of Mexico region. 

Approximately 18 percent may lose 

additional gross revenues on a per trip 

basis as they were landing more than 33 

non-sandbar LCS according to Coastal 

Fisheries data. In addition, on average, 

vessels in the Gulf of Mexico region 

retained 21 non-sandbar LCS per trip; 

however, the average trip landing 

numbers of non-sandbar LCS varied by 

month. If the trip limit were reduced to 

21 non-sandbar LCS per trip, this could 

reduce gross revenues per trip from 

$1,920 to $1,222. While, on average, 

fishermen may only retain 21 nonsandbar LCS, such a reduction would 

preclude fishermen from being able to 

keep additional sharks (up to 33 nonsandbar LCS per trip). Therefore, such a 

reduction may change how they fish. It 

may also result in additional trips 

within a day to make up for lost 

individual trip revenues, which could 

result in higher fuel costs, longer fishing 

days, and increased time away from 

home. All of these factors are expected 

to result in negative economic impacts 

in the short term. 

Reducing the trip limit to below 21 

non-sandbar LCS per trip would be 

expected to result in economic impacts 

as it would further reduce gross 

revenues for shark fishermen on a trip 

basis. The reduction in gross revenues 

would range from $756 to $1,920 for a 

trip limit of 20 to 0 non-sandbar LCS, 

respectively. The lowest average 

number of non-sandbar LCS retained 

was 11 non-sandbar LCS per trip during 

the month of September, which equates 

to $640 in gross revenues per trip. Such 

reductions in the trip limits could 

translate into fishermen making 

multiple trips within a day to make up 

for lost individual trip revenues, which 

could result in higher fuel costs, longer 

fishing days, and increased time away 

from home. However, NMFS anticipates 

that at some reduced trip limit level, 

directed shark fishermen would stop 

targeting sharks because it would no 

longer be economically viable. At this 

point, NMFS expects that shark 

fishermen would target other species 

and retain sharks incidentally as 

anticipated under Amendment 2 and, 

therefore, the economic impacts in 

terms of changes in fishing practices 

and diversifying fishing effort toward 

other species to make up for lost shark 

revenues would be the same as 

described in Amendment 2. 

Sub-alternative 1C would establish a 

new non-sandbar LCS trip limit that 

would extend the fishing season in the 

Atlantic region based on remaining 

quota and time left in the fishing season. 

On average between 2008 and 2009, 

approximately 27 vessels with directed 

shark permits and 11 vessels with 

incidental shark permits had nonsandbar LCS landings in the Atlantic 

region. The direct impacts to shark 

fishermen in the Atlantic region would 

depend on the reduction in the trip 

limit. As explained above, 

approximately 81 percent of the Atlantic 

trips retained 27 or fewer non-sandbar 

LCS per trip. Therefore, for a majority of 

the trips, NMFS anticipates that a 

reduction in the trip limit from the 33 

non-sandbar LCS to 27 non-sandbar LCS 

would have minimal economic impacts 

on fishermen as fishing and business 

practices would not be anticipated to 

change with such a reduction. 

Approximately 11 percent may lose 

additional gross revenues on a trip basis 

as they were landing more than 33 nonsandbar LCS according to Coastal 

Fisheries data. In addition, on average, 

vessels in the Atlantic region retained 

13 non-sandbar LCS per trip; however, 

the average trip landing numbers of 

non-sandbar LCS varied by month. If the 

trip limit was reduced to 13 nonsandbar LCS per trip, this could reduce 

potential gross revenues per trip from 

$1,767 to $696. However, on average, 

fishermen did not retain 33 non-sandbar 

LCS per trip during any month of the 

year. In addition, during 6 of the 12 

months fishermen retained fewer than 

the overall monthly average retention of 

13 non-sandbar LCS per trip. Therefore, 

such a reduction in the trip limit is only 

anticipated to have minor adverse direct 

economic impacts to fishermen in the 

short term; long term impacts are not 

anticipated as these reductions would 

not be permanent. 

Reducing the trip limit below 13 nonsandbar LCS per trip would be expected 

to result in moderate adverse direct 

economic impacts as it would most 

likely reduce gross revenues for shark 

fishermen in the short term. Fishermen 

would be expected to stop fishing for 

sharks as it would no longer be 

profitable. The reduction in gross 

revenues would range from $1,125 to 

$1,767 for 12 to 0 non-sandbar LCS per 

trip, respectively. The lowest average 

number of non-sandbar LCS retained 

was 8 non-sandbar LCS per trip during 

the month of June, which equates to 

$428 in gross revenues per trip. These 

reductions in the trip limits could 

translate into fishermen making 

multiple trips within a day to make up 

for lost individual trip revenues, which 

could result in higher fuel costs, longer 

fishing days, and increased time away 

from home. However, NMFS anticipates 

that at some reduced trip limit level, 

directed shark fishermen would stop 

targeting sharks because it would no 

longer be economically viable. At this 

point, NMFS expects that shark 

fishermen would target other species 

and retain sharks incidentally as 

anticipated under Amendment 2, and 

therefore, the socioeconomic impacts in 

terms of changes in fishing practices 

and diversifying fishing effort toward 

other species to make up for lost shark 

revenues would be the same as 

described in Amendment 2. 

Under alternative 2, the preferred 

alternative, NMFS considered two subalternatives. Sub-alternative 2A would 

establish new opening dates for the 

shark fisheries through the annual 

specifications process in the Atlantic 

and Gulf of Mexico regions based on 

certain criteria and processes. Subalternative 2A could potentially affect 

the 221 directed and 282 incidental 

shark permit holders along with the 105 

shark dealers. NMFS plans to review the 

criteria on an annual basis to determine 

when to open each fishery at equitable 

and beneficial times for fishermen while 

also considering the ecological needs of 

the different species. The opening of the 

fishing season could vary based on the 

available annual quota, catch rates, and 

number of fishing participants during 

the year. For the 2011 fishing season, 

NMFS is proposing to open the shark 

research, non-sandbar LCS in the Gulf of 

Mexico region, blacknose shark, nonblacknose SCS, and pelagic shark 

fisheries on the effective date of the 

final rule for this action. The direct and 

indirect socioeconomic impacts would 

be neutral on a short and long-term 

basis, because NMFS is proposing not to 

change the opening dates of these 


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fisheries from the status quo. NMFS is 

proposing to delay the opening of the 

non-sandbar LCS in the Atlantic region 

until July 15, 2011, which would be the 

same opening date as 2010 fishing 

season. The delay in the Atlantic nonsandbar LCS fishing season would result 

in short- and long-term, direct, minor, 

adverse socioeconomic impacts as 

fishermen would have to fish in other 

fisheries to make up for lost nonsandbar LCS revenues at the beginning 

of the 2011 fishing season. The short 

and long-term effects for delaying the 

season would cause indirect, minor, 

adverse socioeconomic impacts on 

shark dealers and other entities that deal 

with shark products as they may have 

to diversify during the beginning of the 

season when non-sandbar LCS shark 

products would not be available. This 

would be most prevalent in areas of the 

southeast Atlantic where non-sandbar 

LCS are available early in the fishing 

season. The delay in the non-sandbar 

LCS fishing season could cause changes 

in ex-vessel prices. In 2009, the median 

ex-vessel price of LCS meat in January 

was approximately $0.25 per pound 

dressed weight in the Gulf of Mexico 

and $0.45 in the South Atlantic region, 

while the median ex-vessel price in July 

of 2008 was $0.45 in the Gulf of Mexico 

and $0.75 in the South Atlantic. The 

median ex-vessel price for shark fins in 

January was $17.00 per pound in the 

Gulf of Mexico and $16.00 in the South 

Atlantic. When the LCS fishery opens in 

July, the average price for fins would be 

approximately $14.00 per pound in the 

Gulf of Mexico and $12.00 per pound in 

the South Atlantic based on 2008 prices. 

Since the north Atlantic had a very 

limited 2009 non-sandbar LCS fishing 

season, the ex-vessel prices for 2008 

were used for the comparison. 

In the north Atlantic, the delayed 

opening for the non-sandbar LCS would 

have direct, minor, beneficial 

socioeconomic impacts in the short and 

long-term for fishermen as they would 

have access to the non-sandbar LCS 

quota in 2011. Fishermen in the North 

Atlantic did not have or had limited 

access to the non-sandbar LCS quota in 

2009. There would be indirect, minor, 

beneficial socioeconomic impacts in the 

short and long-term for shark dealers 

and other entities that deal with shark 

products in this area as they would also 

have access to non-sandbar LCS 

products in 2011. Thus, delaying the 

non-sandbar LCS seasons under the 

preferred alternative would cause 

neutral cumulative socioeconomic 

impacts, since it would allow for a more 

equitable distribution of the quotas 

among constituents in this region, 

which was the original intent of 

Amendment 2. 

Sub-alternative 2B would establish 

new inseason trip limit adjustment 

criteria for the Gulf of Mexico and 

Atlantic regions. Sub-alternative 2B 

would allow NMFS to adjust the trip 

limit through inseason actions, but 

would not adjust the overall shark 

quotas for the GOM and Atlantic 

regions. This sub-alternative is 

anticipated to have direct and indirect, 

short-term, neutral socioeconomic 

impacts in the GOM and Atlantic 

regions, because changing the trip limits 

inseason would not limit the overall 

harvest of sharks, but would provide the 

mechanism to modify the harvest 

spatially and temporally to allow 

equitable access to the resource. 

Directed fishing on sharks would 

continue as long as the trip limit is high 

enough to make it economically viable. 

Since the implementation of 

Amendment 2 directed shark fishing 

trips land, on average, 21 non-sandbar 

LCS in the GOM region, and 13 nonsandbar LCS in the Atlantic region. 

NMFS has not been able to determine at 

what trip limit directed fishing for nonsandbar LCS would not be economically 

viable, as directed non-sandbar LCS 

fishing trips have continued at lower 

landings than the annual averages 

during certain months. Different trip 

limit levels have been further analyzed 

in alternatives 1B and 1C, and the 

socioeconomic impacts associated with 

the range of trip limits are described 

above under sub-alternatives 1B and 1C. 

Trip limits set at levels too low for 

fishermen to continue targeting nonsandbar LCS would likely lead to shifts 

in effort to other fisheries, similar to 

effort shifts experienced during closures 

of the non-sandbar LCS fishery in 2009 

and 2010. The criteria for changing trip 

limits inseason takes into account 

opportunities for equitable access to 

fishermen throughout the respective 

regions and ecological considerations of 

the stocks, but would not restrict or 

reduce the current quota. If trip limits 

are set in a manner that is beneficial to 

the ecological needs of the different 

shark species their populations may 

increase in the long-term, which could 

allow for increased quota levels in the 

future. Therefore, minor, beneficial 

long-term direct, indirect, and 

cumulative socioeconomic impacts may 

occur. 

List of Subjects in 50 CFR Part 635 

Fisheries, Fishing, Fishing vessels, 

Foreign relations, Imports, Penalties, 

Reporting and recordkeeping 

requirements, Treaties. 

Dated: September 15, 2010. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For reasons set out in the preamble, 

50 CFR part 635 is proposed to be 

amended as follows: 

PART 635—ATLANTIC HIGHLY 

MIGRATORY SPECIES 

1. The authority citation for part 635 

continues to read as follows: 

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

1801 et seq. 

2. In § 635.24, paragraph (a)(8) is 

added to read as follows: 

§ 635.24 Commercial retention limits for 

sharks and swordfish. 

* * * * * 

(a) * * * 

(8) Inseason trip limit adjustment 

criteria. NMFS will file with the Office 

of the Federal Register for publication 

notification of any inseason adjustments 

to trip limits. Before making any 

adjustment, NMFS will consider the 

following criteria and other relevant 

factors: 

(i) The amount of remaining shark 

quota in the relevant area or region, to 

date, based on dealer reports; 

(ii) The catch rates of the relevant 

shark species/complexes, to date, based 

on dealer reports; 

(iii) Estimated date of fishery closure 

based on when the landings are 

projected to reach 80 percent of the 

quota given the realized catch rates; 

(iv) Effects of the adjustment on 

accomplishing the objectives of the 2006 

Consolidated HMS FMP and its 

amendments; 

(v) Variations in seasonal distribution, 

abundance, or migratory patterns of the 

relevant shark species based on 

scientific and fishery-based knowledge; 

and/or, 

(vi) Effects of catch rates in one part 

of a region precluding vessels in another 

part of that region from having a 

reasonable opportunity to harvest a 

portion of the relevant quota. 

* * * * * 

3. In § 635.27: 

A. Paragraphs (b)(1)(ii) through 

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

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

respectively. 

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

as follows: 

§ 635.27 Quotas. 

* * * * * 

(b) * * * 

(1) * * * 

(ii) Opening fishing season criteria. 

NMFS will file with the Office of the 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Proposed Rules 57249 

Federal Register for publication 

notification of the opening dates of the 

shark fishery for each species/complex. 

Before making any decisions, NMFS 

would consider the following criteria 

and other relevant factors in 

establishing the opening dates: 

(A) The available annual quotas for 

the current fishing season for the 

different species/complexes based on 

any over- and/or underharvests 

experienced during the previous 

commercial shark fishing seasons; 

(B) Estimated season length based on 

available quota(s) and average weekly 

catch rates of different species/ 

complexes in the Atlantic and Gulf of 

Mexico regions from the previous years; 

(C) Length of the season for the 

different species/complexes in the 

previous years and whether fishermen 

were able to participate in the fishery in 

those years; 

(D) Variations in seasonal 

distribution, abundance, or migratory 

patterns of the different species/ 

complexes based on scientific and 

fishery information; 

(E) Effects of catch rates in one part 

of a region precluding vessels in another 

part of that region from having a 

reasonable opportunity to harvest a 

portion of the different species/ 

complexes quotas; 

(F) Effects of the adjustment on 

accomplishing the objectives of the 2006 

Consolidated HMS FMP and its 

amendments; and/or, 

(G) Effects of a delayed opening with 

regard to fishing opportunities in other 

fisheries. 

* * * * * 

[FR Doc. 2010–23443 Filed 9–17–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 100830405–0405–02] 

RIN 0648–BA09 

Fisheries of the Northeastern United 

States; Northeast (NE) Multispecies 

Fishery; Charter/Party Fishery Control 

Date 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Advance notice of proposed 

rulemaking (ANPR). 

SUMMARY: NMFS and the New England 

Fishery Management Council (Council) 

announce that they are seeking public 

comment on the reaffirmation of the 

current control date of March 30, 2006, 

in anticipation of developing a limited 

access program for the NE multispecies 

open access charter and party boat 

(charter/party) fishery. This component 

of the fishery includes vessels with 

open access charter/party permits, as 

well as limited access NE multispecies 

permits, while not on a NE multispecies 

day-at-sea (DAS) or fishing under the 

sector management program. The 

Council has not made a determination 

that limiting the number of participants 

in this fishery is necessary, but 

reaffirming the current control date 

keeps the stakeholders informed of 

possible future consideration of the 

issue and promotes awareness of 

potential eligibility criteria for future 

access so as to discourage speculative 

entry into the fishery, while the Council 

considers whether and how access to 

the charter/party fishery should be 

controlled. By this notification, NMFS 

reaffirms, on behalf of the Council, that 

March 30, 2006, may be used as a 

‘‘control date’’ to establish eligibility 

criteria for determining levels of future 

access to the fishery. 

DATES: Written comments must be 

received by 5p.m., local time October 

20, 2010. 

ADDRESSES: You may submit comments 

by any of the following methods: 

Written comments (paper, disk, or CD 

ROM) should be sent to Paul J. Howard, 

Executive Director, New England 

Fishery Management Council, 50 Water 

Street, Mill 2, Newburyport, MA 01950. 

Mark the outside of the envelope, 

‘‘Comments- Multispecies Charter/Party 

Control Date.’’ 

Comments also may be sent via 

facsimile (fax) to (978) 465 3116. 

Federal e-Rulemaking Portal: http:// 

www.regulations.gov. 

Instructions: No comments will be 

posted for public viewing until after the 

comment period has closed. All 

comments received are a part of the 

public record and will generally be 

posted to http://www.regulations.gov 

without change. All Personal Identifying 

Information (for example, name, 

address, etc.) voluntarily submitted by 

the commenter may be publicly 

accessible. Do not submit Confidential 

Business Information or otherwise 

sensitive or protected 

information.NMFS will accept 

anonymous comments (enter N/A in the 

required fields, if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Travis Ford, Fishery Management 

Specialist, (978) 281–9233; fax (978) 

281–9135. 

SUPPLEMENTARY INFORMATION: The 

charter/party industry targets the 

following species: Atlantic cod (Gadus 

morhua), pollock (Pollachius virens); 

haddock (Melanogrammus aeglefinus); 

and winter flounder (Pleuronectes 

americanus); and, to a lesser extent, 

white hake (Urophycis tenuis) and 

wolffish (Anarhichas lupus). In light of 

the restrictions imposed by Framework 

42 to the FMP in 2006 and their 

impacts, members of the charter/party 

industry and the Council’s Recreational 

Advisory Panel recommended at that 

time that the Council restrict new 

entrants to the charter/party fishery to 

reduce the need for further restrictions 

on the recreational catch of cod and 

other groundfish. The Council did not 

take action to restrict entrants but, 

instead, established a control date of 

March 30, 2006. A ‘‘control date’’ is a 

time certain that may be used to limit 

access to a future limited access fishery 

by vessel owners who enter the fishery 

after the control date, versus those that 

entered the fishery before the control 

date. One of the purposes of the control 

date is to discourage speculative entry 

into the fishery by vessels hoping to 

qualify under any new limited access 

program, thereby ramping up fishing 

effort during the period the limited 

access program is being developed. The 

control date also serves as notice to any 

new entrants into the fishery that their 

financial investment to participate in 

the fishery may be jeopardized if they 

do not qualify to fully participate in any 

new limited access program that is 

adopted. 

With the implementation of 

Amendment 16, many participants in 

the recreational fishery have expressed 

concern that the number of party/ 

charter operators will increase due to 

low allocation of some stocks to the 

commercial fishery. The Council has 

decided to reaffirm the original control 

date in order to discourage further 

speculative entry while it takes time to 

develop appropriate measures for the 

recreational fishery. 

This notification reiterates that March 

30, 2006, is the control date for potential 

use in determining historical or 

traditional participation in the NE 

multispecies charter/party fishery. 

Consideration of a control date does not 

commit the Council or NMFS to develop 

any particular management system or 

criteria for participation in this fishery. 

The Council may choose a different 

control date, or may choose a 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1