[Federal Register Volume 79, Number 231 (Tuesday, December 2, 2014)]
[Rules and Regulations]
[Pages 71331-71339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28136]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 140429387-4971-02]
RIN 0648-XD276


Atlantic Highly Migratory Species; 2015 Atlantic Shark Commercial 
Fishing Seasons

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

ACTION: Final rule; fishing season notification.

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SUMMARY: This final rule establishes opening dates and adjusts quotas 
for the 2015 fishing seasons for the Atlantic commercial shark 
fisheries. The quota adjustments are based on over- and/or 
underharvests experienced during 2014 and previous fishing seasons. In 
addition, NMFS establishes season opening dates based on adaptive 
management measures to provide, to the extent practicable, fishing 
opportunities for commercial shark fishermen in all regions and areas. 
These actions could affect fishing opportunities for commercial shark 
fishermen in the northwestern Atlantic Ocean, including the Gulf of 
Mexico and Caribbean Sea.

DATES: This rule is effective on January 1, 2015. The 2015 Atlantic 
commercial shark fishing season opening dates and quotas are provided 
in Table 1 under SUPPLEMENTARY INFORMATION.

ADDRESSES: Highly Migratory Species Management Division, 1315 East-West 
Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Gu[yacute] DuBeck or Karyl Brewster-
Geisz 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 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, among other things, commercial quotas for 
species and management groups, accounting measures for under- and 
overharvests for the shark fisheries, and adaptive management measures, 
such as flexible opening dates for the fishing seasons 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.
    On September 11, 2014 (79 FR 54252), NMFS published a rule 
proposing the 2015 opening dates for the Atlantic commercial shark 
fisheries and quotas, based on shark landings information as of August 
15, 2014. The September 2014 proposed rule contains details regarding 
the proposal and how the quotas were calculated that are not repeated 
here. The comment period on the proposed rule ended on October 14, 
2014.
    During the comment period, NMFS received more than 50 written and 
oral comments on the proposed rule. Those comments, along with the 
Agency's responses, are summarized below. As

[[Page 71332]]

further detailed in the Response to Comments section, after considering 
all the comments, NMFS is opening the fishing seasons for all shark 
management groups except the aggregated LCS and hammerhead shark 
management groups in the Atlantic region on January 1, 2015, as 
proposed in the September 11, 2014, proposed rule. The aggregated LCS 
and hammerhead shark management groups in the Atlantic region will open 
on July 1, 2015, which is a change from the proposed rule. Also, some 
of the quotas have changed since the proposed rule, based on updated 
landings information as of October 15, 2014.
    This final rule serves as notification of the 2015 opening dates of 
the Atlantic commercial shark fisheries and 2015 quotas, based on shark 
landings updated as of October 15, 2014, pursuant to the ``Opening 
Fishing Season'' criteria at Sec.  635.27(b)(1)(i) through (b)(1)(x). 
This action does not change the annual base commercial quotas 
established under Amendments 2, 3, and 5a to the 2006 Consolidated HMS 
FMP for any shark management group. Any such changes would be performed 
through a separate action. Rather, this action adjusts the annual base 
commercial quotas for 2015 based on over- and/or underharvests that 
occurred in 2014 and previous fishing seasons, consistent with existing 
regulations.

Response to Comments

    NMFS received comments on the proposed rule from more than 50 
fishermen, dealers, and other interested parties. All written comments 
can be found at http://www.regulations.gov/ by searching for RIN 0648-
XC276.

A. LCS Management Group Comments

    Comment 1: NMFS received more than 30 comments regarding the 
proposed opening date for the aggregated LCS and hammerhead management 
groups in the Atlantic region. Some fishermen from the southern portion 
of the Atlantic region and other constituents supported the proposed 
opening date of June 1. The comments from some of the fishermen in this 
area noted they preferred the opportunity to fish for sharks in October 
through December because they participate in other, non-shark fisheries 
at the beginning of the year and prefer to save the shark quota for 
later in the year, when there are no other fisheries open in Florida. 
Other constituents in the southern portion of the Atlantic region said 
they preferred a later opening date to reduce the fishing pressure on 
sharks. Other fishermen from the southern portion of the Atlantic 
region requested a January 1 opening date due to shark depredation and 
discard issues these fishermen encounter while targeting other, non-
shark species. These commenters feel that the delayed opening in 2014 
negatively affected their fishing effort for non-shark species and 
increased shark discards because the delayed opening date prevented 
sharks from being landed. Both the Atlantic States Marine Fisheries 
Commission (ASMFC) and North Carolina Division of Marine Fisheries 
(NCDMR) requested a July 1 opening date and expressed concerns that the 
proposed June 1 opening date would not provide equitable fishing 
opportunities for fishermen located in the northern portion of the 
Atlantic region. On October 30, 2014, the ASMFC Shark Board voted on 
and approved opening the Atlantic aggregated LCS state-water fishery on 
July 1, 2015. The Board also voted on and approved opening the state-
water shark fishery for the other management groups on the date 
announced in this final rule.
    Response: NMFS evaluates several ``Opening Fishing Season'' 
criteria (Sec.  635.27(b)(3)) when choosing an opening date. These 
criteria include: (1) The available annual quotas for the current 
fishing season for the different species/management groups based on any 
over- and/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 and/or 
management group from the previous years; (3) length of the season for 
the different species and/or management group 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/management groups 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 
and/or management quotas; (6) effects of the adjustment on 
accomplishing the objectives of the 2006 Consolidated HMS FMP and its 
amendments; and/or (7) effects of a delayed opening with regard to 
fishing opportunities in other fisheries.
    After evaluating the opening fishing season criteria and reviewing 
the public comments, NMFS has determined that changing the opening date 
from June 1 to July 1 would better promote equitable fishing 
opportunities in the Atlantic region, while still allowing for the full 
quota to be harvested. This date should allow fishermen in the northern 
portion of the Atlantic region the opportunity to fish starting in 
July, while still providing fishermen in the southern portion of the 
Atlantic region fishing opportunities later in the year, which might 
not be available with a June 1 opening date. After reviewing the 
landings information received as of October 15, 2014, and considering 
the first, second, fourth, fifth, and sixth criteria listed above, NMFS 
projected that under current harvest rates, the 2014 fishing season for 
Atlantic aggregated LCS and hammerhead sharks may need to be closed 
before the end of the year. Because the 2014 fishing season opened June 
1 with similar quotas to those being adopted for the 2015 fishing 
season, NMFS believes this current season is an appropriate year to use 
as a proxy for 2015. Based on fishing rates from 2014, a July 1 opening 
date in 2015 would provide potential fishing opportunities later in the 
year, without significantly reducing potential fishing opportunities 
earlier in the year.
    Regarding the comments from some fishermen from the southern 
portion of the Atlantic region who supported the proposed June 1 
opening for the Atlantic aggregated LCS and hammerhead shark fisheries 
to ensure the potential fishing opportunities later in the year 
(October through December), changing the opening date to July 1 is 
consistent with the intent noted by these fishermen, and is based in 
part on these comments. As discussed above, opening the fishing season 
on July 1, 2015, rather than June 1, 2015, would better ensure fishing 
opportunities later in the year.
    Regarding the comments from other constituents who supported the 
proposed opening date of June 1 to reduce fishing pressure on sharks, a 
later opening date would reduce fishing pressure on sharks during part 
of the year; however, that fishing pressure would still occur during 
other parts of the year. NMFS is unaware of any science specific to the 
shark fishery as a whole that indicates fishing pressure during one 
part of the year is more harmful than fishing pressure during another 
part of the year. Furthermore, as noted below, while fishermen may not 
be fishing for sharks when the season is closed, fishing pressure on 
sharks still occurs, as sharks are still caught and discarded during 
closed seasons. These factors are taken into account in establishing 
rebuilding plans for the stock and commercial fishing quotas. NMFS 
establishes commercial fishing quotas based on the best available

[[Page 71333]]

science, in order to rebuild overfished fisheries, prevent overfishing, 
and achieve optimum yield. Through the stock assessments for these 
species, the current quotas and fishing pressure have been determined 
to prevent overfishing and rebuild overfished stocks.
    Regarding the comments from fishermen from the southern portion of 
the Atlantic region who requested an opening date of January 1 for the 
Atlantic aggregated LCS and hammerhead shark fisheries due to the 
depredation of non-shark target catch by sharks, NMFS agrees that 
fishermen who catch sharks incidental to fishing for other, non-shark 
species would need to discard sharks at the beginning of the year if 
the shark fishing season is not yet open. However, opening the Atlantic 
aggregated LCS and hammerhead shark fisheries on January 1 would not 
provide equitable fishing opportunities throughout the region. 
Fishermen in the southern portion of the Atlantic region could harvest 
a large amount of the quota before the sharks migrate into the northern 
portion of the Atlantic region. Additionally, regardless of when the 
fishing season opens, fishermen who catch sharks when the fishing 
season is closed would need to discard sharks that are caught 
incidental to other fishing activities. Thus, opening early in the year 
likely would mean that fishermen who fish later in the year (when the 
shark fishery would likely be closed) would need to discard any sharks 
caught. These potential discards from fishing for other species when 
the shark season is closed were accounted for when establishing the 
base quotas and are considered during stock assessments.
    Regarding the requests by ASMFC and NCDMR to delay the opening of 
the aggregated LCS and hammerhead shark management groups in the 
Atlantic region until July 1 to allow equitable fishing opportunities 
given the migration of sharks along the coast throughout the year, as 
discussed above, NMFS has determined that opening the fisheries later 
in the year could provide more equitable fishing opportunities across 
the entire Atlantic region, without negative ecological impacts on 
shark stocks. The July 1 opening date voted on and approved by the 
ASMFC Shark Board for the Atlantic aggregated LCS state-water fishery 
is consistent with the opening date NMFS is establishing in this final 
rule.
    Comment 2: Regarding the proposed opening date for the blacktip 
shark, aggregated LCS, and hammerhead shark management groups in the 
Gulf of Mexico region, all commenters supported the proposed opening 
date of January 1. NMFS also received mixed comments regarding the 
carry forward of the 2014 quota underharvest to the 2015 fishing 
season. Some commenters supported the carry forward of the 
underharvested blacktip shark quota, since the management group is not 
overfished and no overfishing is occurring, while other commenters 
requested that NMFS not increase the blacktip shark fishing quota as a 
result of the underharvest due to concerns about overfishing, illegal 
fishing, and discards of shark species.
    Response: Taking into consideration the ``Opening Fishing Season'' 
criteria (Sec.  635.27(b)(3)) and general support of the proposed 
opening date, NMFS has determined that keeping the proposed opening 
date of January 1 for the blacktip shark, aggregated LCS, and 
hammerhead shark management groups in the Gulf of Mexico region 
promotes equitable fishing opportunities throughout this region. In 
reaching this determination, NMFS considered, in particular, the length 
of the season for the different species and/or management groups in 
2013 and 2014 and whether fishermen were able to participate in the 
fishery in those years (Sec.  635.27(b)(3)(iii)).
    Regarding the comments relating to carrying forward the 2014 quota 
underharvest to the 2015 fishing season, current regulations state that 
shark stocks that are not overfished and have no overfishing occurring 
may have any underharvest carried forward in the following year, up to 
50 percent of the base quota (Sec.  635.27(b)(2)). The Gulf of Mexico 
blacktip shark management group is not overfished and not experiencing 
overfishing (77 FR 70552; November 26, 2012). As such, under the 
current regulations, available underharvest (up to 50 percent of the 
base quota) from the 2014 fishing season can be applied to the 2015 
quota, and NMFS will do so.
    In the final rule for Amendment 5a to the 2006 Consolidated HMS FMP 
(78 FR 40318, July 3, 2013), NMFS implemented a total allowable catch 
(TAC) for blacktip sharks in the Gulf of Mexico region and also 
established a commercial quota for this species, based on current 
levels of mortality. When establishing the TAC, all sources of 
mortality were accounted for as described in Amendment 5a to the 2006 
Consolidated HMS FMP. Given this, even carrying forward the 
underharvest, the TAC is not likely to be exceeded because the 
resulting mortality and any discards were already taken into account. 
In addition, as described in Amendment 5a to the 2006 Consolidated HMS 
FMP, the Gulf of Mexico blacktip shark stock assessment noted that 
current removal rates are sustainable, and subsequent projections, 
which were completed outside the SEDAR process, indicate that current 
removals are unlikely to lead to an overfished fish stock by 2040. The 
projections also indicate that higher levels of removal, like carrying 
forward the underharvest, are unlikely to result in an overfished 
stock.
    Comment 3: NMFS received a comment from the ASMFC in opposition to 
changing the retention limits throughout the season. Specifically, 
ASMFC noted that the current LCS retention limit has eliminated the LCS 
target shark fishery and that fishermen use the LCS retention limit to 
supplement total trip catch when fishing for other species (e.g., 
tilefish, Spanish mackerel, swordfish, etc.). ASMFC is concerned that 
any adjustment to the trip limit could reduce these fishermen's 
economic success.
    Response: NMFS did not discuss retention limits for the aggregated 
LCS and hammerhead shark management groups in the proposed rule for the 
2015 Atlantic shark commercial fishing season. NMFS did indicate that 
the Agency could use the adaptive management measures that were 
finalized in the 2011 shark season rule (75 FR 76302; December 8, 
2010), which includes adjusting, via inseason actions, the retention 
limit for aggregated LCS and hammerhead sharks. These adaptive 
management measures were finalized in 2011 to provide fishermen more 
equitable access to the relevant shark resource throughout their 
applicable region by slowing a fishery down, as needed, if the quota is 
being harvested too quickly. For example, if fishermen in one part of a 
region were catching sharks quickly and might fully harvest the 
available quota before the sharks were likely to migrate to other parts 
of the region, NMFS might reduce the trip limit for a short period of 
time in order to ensure all fishermen throughout the region had an 
opportunity to harvest sharks. Before making inseason adjustments, NMFS 
would consider the criteria listed at Sec.  635.24(a)(8). To date, NMFS 
has not used these adaptive management measures, but may in the future, 
depending on catch rates and available quota.
    Comment 4: NMFS received comments on the proposed quotas for the 
hammerhead shark management groups. Commenters requested NMFS to lower 
the hammerhead shark management group quotas because the quotas could 
have been underharvested

[[Page 71334]]

due to the small population and/or low demand for harvesting. 
Commenters suggest that NMFS be conservative with the proposed quota, 
determine the reason for the underharvest, and account for illegal or 
undocumented harvest of hammerhead sharks.
    Response: NMFS is setting the base quota as the 2015 quota for the 
hammerhead shark management groups, and adjustments to the base quota 
for anything other than for over- and underharvest are beyond the scope 
of this rulemaking. Based on the results of a 2009 stock assessment, 
NMFS determined that scalloped hammerhead sharks were overfished and 
experiencing overfishing (76 FR 23794, April 28, 2011). In Amendment 5a 
to the 2006 Consolidated HMS FMP (78 FR 40318, July 3, 2013), NMFS 
implemented a TAC for all of the hammerhead shark stocks (scalloped, 
great, and smooth) that would allow rebuilding of the scalloped 
hammerhead shark stock within 10 years. In addition, NMFS implemented 
quota linkages for the aggregated LCS and hammerhead shark management 
groups in Amendment 5a to the 2006 Consolidated HMS FMP. Under these 
linkages, if either management group reaches or is projected to reach 
its quota, NMFS would close both management groups to ensure discards 
do not occur. In 2013, which was the first year with a separate 
hammerhead shark quota, the hammerhead shark landings did not reach the 
quota due to the quota linkage with the aggregated LCS management 
group. Once landings of the aggregated LCS management group reached 80 
percent, NMFS closed both the aggregated LCS and hammerhead shark 
management groups. Thus, NMFS believes the quota linkage has been the 
reason the hammerhead shark quota is not fully harvested and does not 
believe that the lack of hammerhead shark landings raises additional 
concerns about the status of the stock.
    Regarding the comment to account for illegal or undocumented 
harvest of hammerhead sharks, NMFS is aware of illegal or undocumented 
harvest of shark species, including many SCS and blacktip sharks, along 
with a few hammerhead sharks, in the Gulf of Mexico. NOAA and the U.S. 
Coast Guard are actively working to address illegal fishing vessel 
incursions into U.S. waters, and, as appropriate, NMFS includes 
estimates of illegal catches from the border of Texas and Mexico in 
stock assessments to ensure all sources of mortality are considered. 
Illegal fishing is of high concern to NMFS, as this capture undermines 
management and rebuilding strategies, makes stock assessments and 
capture data less reliable for science, and hurts U.S. fishermen who 
rely on these shark species, because when NMFS includes the illegal 
landings in the stock assessments, the additional mortality could lower 
the commercial quota for U.S. fishermen.

B. General Comments

    Comment 5: NMFS received a comment that there has been an increase 
in the number of all species of sharks (especially juvenile sharks) in 
the coastal waters of South Carolina and the commenter requested NMFS 
to conduct research in the area.
    Response: This comment is outside the scope of this rulemaking, 
which establishes commercial quotas for the 2015 shark season based on 
over- and underharvest in 2014 and previous fishing seasons and sets 
the opening dates for each management group. To the extent the 
commenter is requesting research on shark numbers and habitats, that 
research is regularly done, including off South Carolina, as part of 
the stock assessments of shark species. Management of the Atlantic 
shark fisheries is based on the best available science to rebuild 
overfished or maintain shark stocks and prevent overfishing. NMFS 
continues to study essential fish habitats (EFH) for HMS, including off 
South Carolina, to refine our understanding of important habitat areas 
for HMS. The Magnuson-Stevens Act defines EFH as habitat necessary for 
spawning, breeding, feeding, and growth to maturity. The Magnuson-
Stevens Act requires the identification of EFH in FMPs, and towards 
that end, NMFS has funded two cooperative survey programs designed to 
further delineate shark nursery habitats in the Atlantic and Gulf of 
Mexico. In the Atlantic, the Cooperative Atlantic States Shark Pupping 
and Nursery (COASTSPAN) Survey is designed to assess the geographical 
and seasonal extent of shark nursery habitat, determine which shark 
species use these areas, and gauge the relative importance of these 
coastal habitats in order to provide information that can then be used 
in EFH determinations. In South Carolina, COASTSPAN sampling took place 
in both nearshore and estuarine waters, including: Bulls Bay, 
Charleston Harbor, North Edisto, Port Royal Sound, St. Helena Sound, 
and Winyah Bay. Thirteen species of sharks were captured, the most 
abundant of which was Atlantic sharpnose. The findings of COASTSPAN 
continue to highlight the importance of South Carolina estuarine and 
nearshore waters as nursery habitat for many SCS and LCS, and indicate 
the extensive use of these waters as habitat for several adult SCS.
    Comment 6: NMFS received comments to stop all shark fishing.
    Response: This comment is outside the scope of this rulemaking, 
because the purpose of this rulemaking is to adjust quotas for the 2015 
shark seasons based on over- and underharvests from the previous years 
and set opening dates for the 2015 shark seasons. Management of the 
Atlantic shark fisheries is based on the best available science to 
maintain or rebuild overfished shark stocks. The final rule does not 
reanalyze the overall management measures for sharks, which were 
analyzed in Amendments 2, 3, and 5a to the 2006 Consolidated HMS FMP. 
NMFS is considering further shark management measures, including those 
to rebuild shark stocks or prevent overfishing, in other upcoming 
rulemakings, such as Amendments 5b and 6 to the 2006 Consolidated HMS 
FMP.
    Comment 7: NMFS received comments stating that there are still 
ongoing issues with the survival of Central and Southwest Atlantic 
Distinct Population Segment (DPS) scalloped hammerhead sharks due to 
the extremely high post-release mortality rate of the species. 
Commenters request that NMFS hold more catch and release and 
identification workshops to ensure the future of these sharks.
    Response: This comment is outside the scope of this rulemaking, 
because the purpose of this rulemaking is to adjust quotas for the 2015 
shark seasons based on over- and underharvests from the previous years 
and set opening dates for the 2015 shark seasons. Management of the 
Atlantic shark fisheries is based on the best available science to 
maintain or rebuild overfished shark stocks.
    On July 3, 2014, NMFS issued the final determination to list the 
Central and Southwest Atlantic Distinct DPS of scalloped hammerhead 
shark as threatened species pursuant to the Endangered Species Act 
(ESA) (79 FR 38214). The Central and Southwest Atlantic DPS of 
scalloped hammerhead sharks occurs within the management area of 
Atlantic HMS commercial and recreational fisheries that are managed by 
NMFS's Office of Sustainable Fisheries, HMS Management Division. The 
HMS Management Division manages Atlantic HMS in U.S. Atlantic and Gulf 
of Mexico waters, including the U.S. Caribbean territories of Puerto 
Rico and the U.S. Virgin Islands. The HMS Management Division has 
reinitiated consultation with the NMFS Office of Protected Resources to

[[Page 71335]]

consider if further actions regarding scalloped hammerhead sharks may 
be needed, including holding more catch and release and identification 
workshops in these areas.
    Comment 8: NMFS received comments that some constituents strongly 
disagree with laws that allow federal commercial vessels to keep sharks 
that are illegal to land in state waters. Some constituents also 
recommended establishing commercial size limits for sharks.
    Response: This comment is outside the scope of this rulemaking. The 
purpose of this rulemaking is to adjust quotas for the 2015 shark 
season based on over- and underharvests from the previous years and set 
opening dates for the 2015 shark season. Management of the Atlantic 
shark fisheries is based on the best available science to maintain or 
rebuild overfished shark stocks. The final rule does not reanalyze the 
overall management measures for sharks, which were analyzed in 
Amendments 2, 3, and 5a to the 2006 Consolidated HMS FMP. NMFS is 
considering further shark management measures in other upcoming 
rulemakings, such as Amendments 5b and 6 to the 2006 Consolidated HMS 
FMP.
    If fishermen are harvesting Atlantic sharks in federal waters, they 
are required to hold an HMS permit. As a condition of the federal 
permit, HMS permit holders must abide by all applicable federal 
regulations, regardless of where fishing occurs, including in state 
waters. However, when fishing in the waters of a state with more 
restrictive regulations, the more restrictive state regulations apply 
(Sec.  635.4(a)(10)) to those holders of Federal HMS permits.
    Regarding the establishment of commercial size limits for sharks, 
NMFS has considered this several times and may consider it again in the 
future, depending on new data. In the 1999 Atlantic Tunas, Swordfish, 
and Sharks FMP, NMFS finalized a number of measures, including a 
commercial minimum size limit of 4.5 feet fork length for ridgeback 
sharks. This minimum size was never implemented, due to a court 
settlement, and in Amendment 1 to that 1999 FMP (68 FR 74746, December 
24, 2003), NMFS determined that any conservation benefits gained by a 
commercial minimum size may be offset by increases in regulatory 
discards and associated post-release mortality, given that commercial 
fishermen may be unable to avoid mixed size aggregations of some shark 
species. Also, regulatory discards do not count towards the trip limit. 
Thus, fishermen could catch a full set of undersized sharks, which 
would be discarded, and then the fishermen would set more gear, 
potentially causing more discards. Additionally, finding an appropriate 
minimum size is difficult because shark species mature at different 
ages and sizes and because commercial fishermen remove the heads of the 
sharks while dressing the carcass. Sharks are usually measured from the 
tip of their nose to either the fork of their tail (fork length) or the 
tip of their tail (total length). Thus, removing the head of the shark, 
while critical in maintaining the quality of meat necessary to sell the 
product, would cause enforcement and other difficulties if there was a 
commercial minimum size that depended on either fork length or total 
length. Despite these difficulties, most recently, NMFS considered a 
commercial minimum size for shortfin mako sharks under Amendment 3 to 
the 2006 Consolidated HMS FMP (75 FR 30484; June 1, 2010). Based on the 
fisheries logbook data, NMFS assumed that some shortfin mako sharks 
were dead at haulback; therefore, imposing a size limit could lead to 
an increase in dead discards. Thus, NMFS did not implement a commercial 
size for the species, but may consider this option again in the future 
depending on new data.
    Comment 9: NMFS received comments that the Carolina hammerhead 
shark species needs more protection, as the population size is unknown 
and could easily be mistaken for the scalloped hammerhead sharks.
    Response: This comment is outside the scope of this rulemaking. The 
purpose of this rulemaking is to adjust quotas for the 2015 shark 
seasons based on over- and underharvests from the previous years and 
set opening dates for the 2015 shark seasons. Management of the 
Atlantic shark fisheries is based on the best available science to 
maintain or rebuild overfished shark stocks. The final rule does not 
reanalyze the overall management measures for sharks, which were 
analyzed in Amendments 2, 3, and 5a to the 2006 Consolidated HMS FMP. 
The Carolina hammerhead shark species is not currently included in the 
hammerhead shark management groups, but NMFS may consider including it 
in the future.
    Comment 10: NMFS received several comments from the NCDMF 
requesting the removal of the non-blacknose SCS and blacknose shark 
quota linkage, and expressing concerns that NMFS is not properly 
accounting for the different reported landing conditions between states 
in the Atlantic region.
    Response: As described above, quota linkages are designed to 
prevent incidental mortality of one species from occurring in another 
shark fishery after the species' management group has closed. Also, in 
the case of the blacknose and non-blacknose SCS quota linkage, NMFS 
finalized the linkage as part of Amendment 3 to the 2006 Consolidated 
HMS FMP specifically because fishermen indicated, and NMFS agreed, that 
fishermen could target non-blacknose SCS without catching blacknose 
sharks. In Amendment 5a to the 2006 Consolidated HMS FMP, NMFS split 
the blacknose and non-blacknose quotas into two regions and again 
considered the necessity of the linkage. In each region, NMFS 
determined the linkage was necessary to rebuild blacknose sharks, and 
therefore the blacknose shark quota is linked to the non-blacknose SCS 
quota. If blacknose shark landings in one region trigger a quota 
closure, the non-blacknose SCS management group in that region would 
close as well. The quota linkage prevents blacknose shark mortality in 
the directed non-blacknose SCS fishery after the blacknose shark quota 
has been filled. Preventing this mortality is an important part of the 
rebuilding plan for blacknose sharks. In Amendment 6 to the 2006 
Consolidated HMS FMP, NMFS will examine the quota linkage issue, along 
with considering other options that could address NCDMF's concerns.
    Regarding the comment that NMFS is not properly accounting for the 
different reported landing conditions between states in the Atlantic 
region, the HMS Advisory Panel discussed this issue at the September 
2014 HMS Advisory Panel meeting in Silver Spring, MD. Atlantic Coastal 
Cooperative Statistics Program (ACCSP) dealer reports indicate 
differences in how fishermen land sharks. Dealers in some states report 
dressed sharks with carcass gutted, head on, and tail on, while others 
report dressed sharks with carcass gutted, head off, and tail off 
(i.e., shark cores). However, observer data and port agents indicate 
that sharks are landed with their heads off regardless of region. 
Additionally, dealers cannot indicate ``heads on'' in electronic dealer 
reporting forms. Because observer observations suggest that sharks are 
landed with ``heads off,'' and since all types of dressed shark 
carcasses are included in landings that are counted towards the 
commercial quotas, NMFS does not believe this concern affects the 
landings estimates used for this rule.

Changes From the Proposed Rule

    NMFS made three changes to the proposed rule, as described below.

[[Page 71336]]

    1. NMFS changed the final Gulf of Mexico blacktip shark (328.6 mt 
dw) quota based on updated landings through October 15, 2014. In the 
proposed rule, which was based on data available through August 15, 
2014, the 2015 adjusted annual quota for Gulf of Mexico blacktip shark 
was proposed to be 330.0 mt dw (727,465 lb dw), based on an estimated 
2014 underharvest of 73.4 mt dw (161,765 lb dw). Based on updated 
landings data through October 15, 2014, the Gulf of Mexico blacktip 
shark management group was underharvested by 72.0 mt dw. Therefore, the 
2015 adjusted annual quota for Gulf of Mexico blacktip shark is 328.6 
mt dw (724,302 lb dw) (256.6 mt dw annual base quota + 72.0 mt dw 2014 
underharvest = 328.6 mt dw 2015 adjusted annual quota). Landings 
information beyond October 15, 2014, was not available while NMFS was 
writing this rule. This final rule used the most recent available 
information to allow NMFS to properly analyze the fishery and open the 
fishery as proposed on January 1, 2015. Any landings between October 15 
and December 31, 2014, will be accounted for in the 2016 shark 
fisheries quotas, as appropriate.
    2. NMFS changed the final Gulf of Mexico aggregated LCS (156.5 mt 
dw) quota based on updated landings through October 15, 2014. In the 
proposed rule, the quota for the Gulf of Mexico aggregated LCS 
management group was proposed to be 156.1 mt dw (344,271 lb dw), based 
on an estimated 2014 overharvest of 1.3 mt dw (2,638 lb dw) and a 
previously unaccounted for 2013 overharvest of 0.1 mt dw (408 lb dw). 
However, based on the updated landings data, NMFS found that the 2014 
quota was overharvested by 2.3 mt dw (5,095 lb dw), and NMFS also 
determined that the 2013 landings were overestimated by 1.3 mt dw 
(2,758 lb dw). Thus, NMFS will reduce the 2015 base annual quota by 1.0 
mt dw (2,337 lb dw), based on the most recent estimates of the 2013 and 
2014 landings. Therefore, the 2015 adjusted annual quota for Gulf of 
Mexico aggregated LCS is 156.5 mt dw (344,980 lb dw) (157.5 mt dw 
annual base quota - 2.3 mt dw 2014 overharvest + 1.3 mt dw 2013 
overestimated landings = 156.5 mt dw 2015 adjusted annual quota). As 
described above, landings information beyond October 15, 2014, was not 
available while NMFS was writing this rule. This final rule used the 
most recent available information to allow NMFS to properly analyze the 
fishery and open the fishery on January 1, 2015. Any landings between 
October 15 and December 31, 2014, will be accounted for in the 2016 
shark fisheries quotas, as appropriate.
    3. NMFS changed the opening date for the aggregated LCS and 
hammerhead shark management groups in the Atlantic region from June 1, 
2015, to July 1, 2015. As explained above, NMFS changed the opening 
date after considering the ``Opening Fishing Season'' criteria (Sec.  
635.27(b)(3)), public comment, and the 2014 landings data in order to 
promote more equitable fishing opportunities in the Atlantic region.

2015 Annual Quotas

    This final rule adjusts the 2015 commercial quotas due to over- 
and/or underharvests in 2014 and previous fishing seasons, based on 
landings data through October 15, 2014. The 2015 annual quotas by 
species and species group are summarized in Table 1. All dealer reports 
that are received by NMFS after October 15, 2014, will be used to 
adjust the 2016 quotas, if necessary. A description of the quota 
calculations is provided in the proposed rule and is not repeated here. 
Any changes are described in the ``Changes from the Proposed Rule'' 
section.

                                     Table 1--2015 Annual Quotas and Opening Dates for the Atlantic Shark Fisheries
                           [All quotas and landings are dressed weight (dw), in metric tons (mt), unless specified otherwise]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Preliminary 2014                       2015  Base      2015  Final
            Region             Management group     2014 annual      landings \1\    Adjustments  (C)    annual quota     annual quota    Season opening
                                                    quota  (A)            (B)                                (D)            (D + C)           dates
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gulf of Mexico...............  Blacktip Sharks.  274.3 mt dw       202.3 mt dw       72.0 mt dw        256.6 mt dw      328.6 mt dw      January 1,
                                                  (604,626 lb dw).  (446,024 lb dw).  (158,602 lb dw)   (565,700 lb      (724,302 lb      2015.
                                                                                      \2\.              dw).             dw).
                               Aggregated Large  151.2 mt dw       153.7 mt dw       -1.0 mt dw        157.5 mt dw      156.5 mt dw
                                Coastal Sharks.   (333,828 lb dw).  (338,923 lb dw).  (2,337 lb dw)     (347,317 lb      (344,980 lb
                                                                                      \3\.              dw).             dw).
                               Hammerhead        25.3 mt dw        14.4 mt dw        ................  25.3 mt dw       25.3 mt dw
                                Sharks.           (55,722 lb dw).   (31,733 lb dw).                     (55,722 lb dw).  (55,722 lb dw).
                               Non-Blacknose     68.3 mt dw        66.8 mt dw        ................  45.5 mt dw       45.5mt dw
                                Small Coastal     (150,476 lb dw).  (147,366 lb dw).                    (100,317 lb      (100,317 lb
                                Sharks.                                                                 dw).             dw).
                               Blacknose Sharks  1.8 mt dw (4,076  1.4 mt dw (3,149  -0.2 mt dw (-437  2.0 mt dw        1.8 mt dw
                                                  lb dw).           lb dw).           lb dw) \4\.       (4,513 lb dw).   (4,076 lb dw).
Atlantic.....................  Aggregated Large  168.9 mt dw       101.6 mt dw       ................  168.9 mt dw      168.9 mt dw      July 1, 2015.
                                Coastal Sharks.   (372,552 lb dw).  (224,098 lb dw).                    (372,552 lb      (372,552 lb
                                                                                                        dw).             dw).
                               Hammerhead        27.1 mt dw        6.0 mt dw         ................  27.1 mt dw       27.1 mt dw
                                Sharks.           (59,736 lb dw).   (13,223 lb dw).                     (59,736 lb dw).  (59,736 lb dw).
                               Non-Blacknose     264.1 mt dw       103.1 mt dw       ................  176.1 mt dw      176.1 mt dw      January 1,
                                Small Coastal     (582,333 lb dw).  (227,202 lb dw).                    (388,222 lb      (388,222 lb      2015.
                                Sharks.                                                                 dw).             dw).
                               Blacknose Sharks  17.5 mt dw        17.4 mt dw        -0.5 mt dw (-     18.0 mt dw       17.5 mt dw
                                                  (38,638 lb dw).   (38,437 lb dw).   1,111 lb dw)      (39,749 lb dw).  (38,638 lb dw).
                                                                                      \4\.
No regional quotas...........  Non-Sandbar LCS   50.0 mt dw        14.3 mt dw        ................  50.0 mt dw       50.0 mt dw       January 1,
                                Research.         (110,230 lb dw).  (31,543 lb dw).                     (110,230 lb      (110,230 lb      2015.
                                                                                                        dw).             dw).
                               Sandbar Shark     116.6 mt dw       37.5 mt dw        ................  116.6 mt dw      116.6 mt dw
                                Research.         (257,056 lb dw).  (82,737 lb dw).                     (257,056 lb      (257,056 lb
                                                                                                        dw).             dw).
                               Blue Sharks.....  273.0 mt dw       7.8 mt dw         ................  273.0 mt dw      273.0 mt dw
                                                  (601,856 lb dw).  (17,157 lb dw).                     (601,856 lb      (601,856 lb
                                                                                                        dw).             dw).
                               Porbeagle Sharks  1.3 mt dw (2,874  0.5 mt dw (1,035  ................  1.7 mt dw        1.7 mt dw
                                                  lb dw).           lb dw).                             (3,748 lb dw).   (3,748 lb dw).

[[Page 71337]]

 
                               Pelagic Sharks    488 mt dw         126.7 mt dw       ................  488.0 mt dw      488.0 mt dw
                                Other Than        (1,075,856 lb     (279,276 lb dw).                    (1,075,856 lb    (1,075,856 lb
                                Porbeagle or      dw).                                                  dw).             dw).
                                Blue.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Landings are from January 1, 2014, through October 15, 2014, and are subject to change.
\2\ This adjustment accounts for underharvest in 2014. Therefore, the Gulf of Mexico blacktip shark adjusted quota will be 328.6 mt dw for the 2015
  fishing season.
\3\ This adjustment accounts for overharvests from 2013 and 2014. In the final rule establishing the 2014 quotas (78 FR 70500; November 26, 2013), the
  2013 Gulf of Mexico aggregated LCS quota was overharvested by 6.2 mt dw (13,489 lb dw). After the final rule establishing the 2014 quotas published,
  late dealer reports indicated the quota was overharvested by an additional 0.1 mt dw (408 lb dw), for a total overharvest of 6.3 mt dw (13,897 lb dw).
  Recently, NMFS determined that the 2014 final rule overestimated the overharvest from 2013 by 1.3 mt dw (2,758 lb dw). In 2014, the Gulf of Mexico
  aggregated LCS quota was overharvested by 2.3 mt dw (5,095 lb dw). Therefore, this final rule reduces the Gulf of Mexico aggregated LCS quota by 1.0
  mt dw (2.3 mt dw overharvest in 2014_1.3 mt dw overestimated from 2013). NMFS will adjust the 2015 base annual quota based on the updated overharvest
  estimates from 2013 and 2014.
\4\ This adjustment accounts for overharvest in 2012. After the final rule establishing the 2012 quotas published, late dealer reports indicated the
  blacknose shark quota was overharvested by 3.5 mt dw (7,742 lb dw). In the final rule establishing the 2014 quotas, NMFS implemented a 5-year
  adjustment of the overharvest amount by the percentage of landings in 2012. Thus, NMFS will reduce the Gulf of Mexico blacknose shark quota by 0.2 mt
  dw (437 lb dw) and the Atlantic blacknose shark quota by 0.5 mt dw (1,111 lb dw) each year from 2014 through 2018. NMFS will reduce the 2015 base
  annual quota based on overharvest from 2012.

Fishing Season Notification for the 2015 Atlantic Commercial Shark 
Fishing Seasons

    Based on the seven ``Opening Fishing Season'' criteria listed in 
Sec.  635.27(b)(3), the 2015 Atlantic commercial shark fishing seasons 
for the Gulf of Mexico blacktip shark, Gulf of Mexico aggregated LCS, 
Gulf of Mexico hammerhead shark, non-blacknose shark SCS, blacknose 
shark, sandbar shark, blue shark, porbeagle shark, and pelagic shark 
(other than porbeagle or blue sharks) management groups in the 
northwestern Atlantic Ocean, including the Gulf of Mexico and the 
Caribbean Sea, will open on January 1, 2015. The aggregated LCS and 
hammerhead shark management groups in the Atlantic region will open on 
July 1, 2015.
    All of the shark management groups would remain open until December 
31, 2015, or until NMFS determines that the fishing season landings for 
any shark management group has reached, or is projected to reach, 80 
percent of the available quota. Additionally, NMFS has established non-
linked and linked quotas; linked quotas are explicitly designed to 
concurrently close multiple shark management groups that are caught 
together to prevent incidental catch mortality from exceeding the total 
allowable catch. At this time, Gulf of Mexico blacktip and pelagic 
sharks have non-linked quotas and can close without affecting any other 
management groups. Consistent with Sec.  635.28(b)(4), NMFS may close 
the Gulf of Mexico blacktip shark management group before landings 
reach, or are expected to reach, 80 percent of the quota. The linked 
quotas of the species and/or management groups are Atlantic hammerhead 
sharks and Atlantic aggregated LCS; Gulf of Mexico hammerhead sharks 
and Gulf of Mexico aggregated LCS; Atlantic blacknose and Atlantic non-
blacknose SCS; and Gulf of Mexico blacknose and Gulf of Mexico non-
blacknose SCS. NMFS will file for publication with the Office of the 
Federal Register a notice of closure for that shark species, shark 
management group including any linked quotas, 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 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. 
Before taking any inseason action, NMFS would consider the criteria 
listed at Sec.  635.28(b)(4).
Classification
    The NMFS Assistant Administrator has determined that the final rule 
is consistent with the 2006 Consolidated HMS FMP and its amendments, 
other provisions of the MSA, and other applicable law.
    This final rule is exempt from review under Executive Order 12866.
    In compliance with section 604 of the Regulatory Flexibility Act 
(RFA), NMFS prepared a Final Regulatory Flexibility Analysis (FRFA) for 
this final rule, which analyzed the adjustments to the Gulf of Mexico 
blacktip shark, Gulf of Mexico aggregated LCS, and blacknose shark 
management group quotas based on over- and/or underharvests from the 
previous fishing season(s). The FRFA analyzes the anticipated economic 
impacts of the final actions and any significant economic impacts on 
small entities. The FRFA is below.
    Section 604(a)(1) of the Regulatory Flexibility Act requires an 
explanation of the purpose of the rulemaking. The purpose of this final 
rulemaking is, consistent with the Magnuson-Stevens Act, to adjust the 
2015 annual quotas for all Atlantic and Gulf of Mexico shark management 
groups based on over- and/or underharvests from the previous fishing 
year(s), where allowable. These adjustments are being implemented 
according to the regulations implemented for the 2006 Consolidated HMS 
FMP and its amendments.
    In this rulemaking, NMFS expects few, if any, economic impacts to 
fishermen other than those already analyzed in the 2006 Consolidated 
HMS FMP and its amendments. While there may be some direct negative 
economic impacts associated with the opening dates for fishermen in 
certain areas, there could also be positive effects for other fishermen 
in the region. The opening dates were chosen to allow for an equitable 
distribution of the available quotas among all fishermen across regions 
and states, to the extent practicable.
    Section 604(a)(2) of the Regulatory Flexibility Act requires NMFS 
to summarize significant issues raised by the public in response to the 
Initial Regulatory Flexibility Analysis (IRFA), provide a summary of 
NMFS' assessment of such issues, and provide a statement of any changes 
made as a result of the comments. The IRFA was done as part of the 
proposed rule for the 2014 Atlantic Commercial Shark Season 
Specifications. NMFS did not receive any comments specific to the IRFA. 
However, NMFS received comments related to the overall economic impacts 
of the proposed rule, and those comments and NMFS' assessment of and 
response to them are summarized above (see Comments 1, 2, 3, 4, and 10 
above). As described in the responses to those comments relating to the 
season

[[Page 71338]]

opening dates, consistent with Sec.  635.27(b)(3), the opening date for 
the Gulf of Mexico blacktip shark, Gulf of Mexico aggregated LCS, Gulf 
of Mexico hammerhead shark, non-blacknose shark SCS, blacknose shark, 
sandbar shark, blue shark, porbeagle shark, and pelagic shark (other 
than porbeagle or blue sharks) management groups will be implemented as 
proposed, while the opening date for the aggregated LCS and hammerhead 
shark management groups in the Atlantic region will be delayed until 
July 1, 2015.
    Section 604(a)(3) requires NMFS 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. 
On June 12, 2014, the SBA issued an interim final rule revising the 
small business size standards for several industries effective July 14, 
2014 (79 FR 33467; June 12, 2014). The rule increased the size standard 
from $19.0 to $20.5 million for finfish fishing, from $5 to $5.5 
million for shellfish fishing, and from $7.0 million to $7.5 million 
for other marine fishing, for-hire businesses, and marinas. Id. at 
33656, 33660, 33666. NMFS has reviewed the analyses prepared for this 
action in light of the new size standards. Under the former, lower size 
standards, all entities subject to this action were considered small 
entities, thus they all would continue to be considered small under the 
new standards. NMFS does not believe that the new size standards affect 
analyses prepared for this action. The final rule would apply to the 
approximately 206 directed commercial shark permit holders (127 in the 
Atlantic and 79 in the Gulf of Mexico regions), 258 incidental 
commercial shark permit holders (158 in the Atlantic and 100 in the 
Gulf of Mexico regions), and 96 commercial shark dealers (68 in the 
Atlantic and 28 in the Gulf of Mexico regions) as of October 2014.
    Section 604(a)(4) of the Regulatory Flexibility Act requires NMFS 
to describe the projected reporting, recordkeeping, and other 
compliance requirements of the final rule, including an estimate of the 
classes of small entities which would be subject to the requirements of 
the report or record. None of the actions in this final rule would 
result in additional reporting, recordkeeping, or compliance 
requirements beyond those already analyzed in Amendments 2, 3, and 5a 
to the 2006 Consolidated HMS FMP.
    Section 604(a)(5) of the Regulatory Flexibility Act requires NMFS 
to describe the steps taken to minimize the economic impact on small 
entities, consistent with the stated objectives of applicable statutes. 
Additionally, the Regulatory Flexibility Act (5 U.S.C. 603(c)(1)-(4)) 
lists four general categories of ``significant'' alternatives that 
would assist an agency in the development of significant alternatives 
that would accomplish the stated objectives of applicable statutes and 
minimize any significant economic impact of the rule on small entities. 
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, or any part thereof, for small entities.
    In order to meet the objectives of this rule, consistent with the 
Magnuson-Stevens Act, NMFS cannot exempt small entities or change the 
reporting requirements only for small entities. This rulemaking does 
not establish management measures to be implemented, but rather 
implements previously adopted and analyzed measures as adjustments, as 
specified in Amendments 2, 3, and 5a to the 2006 Consolidated HMS FMP 
and the EA for the 2011 shark quota specifications rule. Thus, in this 
rulemaking, NMFS adjusted the base quotas established and analyzed in 
Amendments 2, 3, and 5a to the 2006 Consolidated HMS FMP by subtracting 
the underharvest or adding the overharvest, as specified and allowable 
in existing regulations. Under current regulations (Sec.  
635.27(b)(2)), all shark fisheries close on December 31 of each year, 
or when NMFS determines that the fishing season landings for any shark 
management group has reached, or is projected to reach, 80 percent of 
the available quota, and do not open until NMFS takes action, such as 
this rulemaking to re-open the fisheries. Thus, not implementing these 
management measures would negatively affect shark fishermen and related 
small entities, such as dealers, and also would not provide management 
the flexibility in furtherance of equitable fishing opportunities, to 
the extent practicable, for commercial shark fishermen in all regions 
and areas.
    Based on the 2013 ex-vessel price, fully harvesting the unadjusted 
2015 Atlantic shark commercial baseline quotas could result in total 
fleet revenues of $4,671,260 (see Table 2). For the Gulf of Mexico 
blacktip shark management group, there would be a $94,606 gain in 
revenue to the regional fleet due to the adjustment for underharvest in 
2014. The adjustment for the Gulf of Mexico aggregated LCS management 
group due to the overharvest in 2014 and the revised overharvest in 
2013 would result in a $1,558 loss in revenue to the regional fleet. 
The adjustment for the blacknose shark management group due to the 
overharvest in 2012, which resulted in a 5-year quota reduction, would 
result in a $431 loss to the Gulf of Mexico blacknose shark management 
group and a $1,542 loss to the Atlantic blacknose shark management 
group.

  Table 2--Average Ex-Vessel Prices per lb dw for Each Shark Management
                              Group, 2013 *
                               [Year 2013]
------------------------------------------------------------------------
              Species                      Region              Price
------------------------------------------------------------------------
Aggregated LCS....................  Gulf of Mexico......           $0.49
                                    Atlantic............            0.81
Blacktip Shark....................  Gulf of Mexico......            0.42
Hammerhead Shark..................  Gulf of Mexico......            0.41
                                    Atlantic............            0.64
LCS Research......................  Both................            0.72
Sandbar Research..................  Both................            0.78
Non-Blacknose SCS.................  Gulf of Mexico......            0.32
                                    Atlantic............            0.70
Blacknose Shark...................  Gulf of Mexico......            0.81
                                    Atlantic............            0.83

[[Page 71339]]

 
Blue shark........................  Both................            0.28
Porbeagle shark...................  Both................         ** 1.15
Other Pelagic sharks..............  Both................            1.69
Shark Fins........................  Gulf of Mexico......           11.16
                                    Atlantic............            3.53
                                    Both................            6.05
------------------------------------------------------------------------
* The ex-vessel prices are based on 2013 dealer reports through December
  31, 2013.
** Since the porbeagle shark management group was closed for 2013, there
  was no 2013 price data. Thus, NMFS used price data from 2012.

    All of these changes in gross revenues are similar to the changes 
in gross revenues analyzed in the 2006 Consolidated HMS FMP and its 
amendments. The FRFAs for those amendments concluded that the economic 
impacts on these small entities, resulting from rules such as this one 
that establish the season openings via proposed and final rulemaking, 
were expected to be minimal. The 2006 Consolidated HMS FMP and its 
amendments, and the EA for the 2011 shark quota specifications rule, 
assumed NMFS would be preparing annual rulemakings and considering the 
previous FRFAs in the economic and other analyses at the time of the 
annual rulemakings.
    For this final rule, NMFS reviewed the ``Opening Fishing Season'' 
criteria at Sec.  635.27(b)(3)(i) through (b)(3)(vii) to determine when 
opening each fishery will provide equitable opportunities for fishermen 
while also considering the ecological needs of the different species. 
Over- and/or underharvests of 2014 and previous fishing season quotas 
were examined for the different species/complexes to determine the 
effects of the 2015 final quotas on fishermen across regional fishing 
areas. The potential season lengths and previous catch rates were 
examined to ensure that equitable fishing opportunities would be 
provided to fishermen. Lastly, NMFS examined the seasonal variation of 
the different species/complexes and the effects on fishing 
opportunities. In addition to these criteria, NMFS also considered 
other relevant factors, such as recent landings data and public 
comments, before arriving at the final opening dates for the 2015 
Atlantic shark management groups. For the 2015 fishing season, NMFS is 
opening the fisheries for Gulf of Mexico blacktip shark, Gulf of Mexico 
aggregated LCS, Gulf of Mexico hammerhead shark, non-blacknose shark 
SCS, blacknose shark, sandbar shark, blue shark, porbeagle shark, and 
pelagic shark (other than porbeagle or blue sharks) management groups 
on January 1, 2015. The direct and indirect economic impacts will be 
neutral on a short- and long-term basis, because NMFS did not change 
the opening dates of these fisheries from the status quo.
    NMFS is delaying the opening of the aggregated LCS and hammerhead 
shark management groups in the Atlantic region until July 1, 2014. This 
delay could result in short-term, direct, minor, adverse economic 
impacts, as fishermen and dealers in the southern portion of the 
Atlantic region would not be able to fish for aggregated LCS and 
hammerhead sharks starting in January, but would still be able to fish 
earlier in the 2015 fishing season compared to the 2010 through 2012 
fishing seasons, which did not start until July 15. Based on public 
comment, some Atlantic fishermen in the southern portion of the region 
preferred a delayed opening for the potential to be fishing for 
aggregated LCS and hammerhead sharks from October through December. 
Therefore, the delayed opening could have direct, minor, beneficial 
economic impacts for fishermen, since there are limited opportunities 
for fishermen to fish for non-HMS in the southern portion of the 
Atlantic region later in the year. In the northern portion of the 
Atlantic region, a delayed opening for the aggregated LCS and 
hammerhead shark management groups would have direct, minor, beneficial 
economic impacts in the short-term for fishermen as they would have 
access to the aggregated LCS and hammerhead shark quotas in 2015. 
Overall, delaying the opening until July 1 would cause beneficial 
cumulative economic impacts across the region, since it would allow for 
a more equitable distribution of the quotas among constituents in this 
region. In addition, delaying the opening until July 1 would have 
minor, beneficial ecological impacts in the short term for the Atlantic 
aggregated LCS and hammerhead management groups, since it is consistent 
with recommendations from the stock assessments. The economic impacts 
would be neutral on long-term basis, because this delayed opening would 
be for only the 2015 fishing season.

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

    Dated: November 19, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs,National Marine 
Fisheries Service.
[FR Doc. 2014-28136 Filed 12-1-14; 8:45 am]
BILLING CODE 3510-22-P