Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Rules and Regulations 71331 

the Convention Area, report to NMFS, 

in the format and manner directed by 

the Pacific Islands Regional 

Administrator, how many purse seine 

sets were made on FADs during that 

day. 

■ 3. In § 300.222, paragraph (rr) is added 

to read as follows: 

§ 300.222 Prohibitions. 

* * * * * 

(rr) Fail to submit, or ensure 

submission of, a daily FAD report as 

required in § 300.218(g). 

■ 4. In § 300.223, paragraph (b) is 

revised to read as follows: 

§ 300.223 Purse seine fishing restrictions. 

* * * * * 

(b) Use of fish aggregating devices. 

(1) During the periods specified in 

paragraph (b)(2) of this section, owners, 

operators, and crew of fishing vessels of 

the United States shall not do any of the 

activities described below in the 

Convention Area in the area between 

20° N. latitude and 20° S. latitude: 

(i) Set a purse seine around a FAD or 

within one nautical mile of a FAD. 

(ii) Set a purse seine in a manner 

intended to capture fish that have 

aggregated in association with a FAD or 

a vessel, such as by setting the purse 

seine in an area from which a FAD or 

a vessel has been moved or removed 

within the previous eight hours, or 

setting the purse seine in an area in 

which a FAD has been inspected or 

handled within the previous eight 

hours, or setting the purse seine in an 

area into which fish were drawn by a 

vessel from the vicinity of a FAD or a 

vessel. 

(iii) Deploy a FAD into the water. 

(iv) Repair, clean, maintain, or 

otherwise service a FAD, including any 

electronic equipment used in 

association with a FAD, in the water or 

on a vessel while at sea, except that: 

(A) A FAD may be inspected and 

handled as needed to identify the FAD, 

identify and release incidentally 

captured animals, un-foul fishing gear, 

or prevent damage to property or risk to 

human safety; and 

(B) A FAD may be removed from the 

water and if removed may be cleaned, 

provided that it is not returned to the 

water. 

(v) From a purse seine vessel or any 

associated skiffs, other watercraft or 

equipment, do any of the following, 

except in emergencies as needed to 

prevent human injury or the loss of 

human life, the loss of the purse seine 

vessel, skiffs, watercraft or aircraft, or 

environmental damage: 

(A) Submerge lights under water; 

(B) Suspend or hang lights over the 

side of the purse seine vessel, skiff, 

watercraft or equipment, or; 

(C) Direct or use lights in a manner 

other than as needed to illuminate the 

deck of the purse seine vessel or 

associated skiffs, watercraft or 

equipment, to comply with navigational 

requirements, and to ensure the health 

and safety of the crew. 

(2) The requirements of paragraph 

(b)(1) of this section shall apply: 

(i) From July 1 through September 30, 

2015; and 

(ii) During each of the periods 

described below, but only after NMFS 

has issued a notice in the Federal 

Register announcing that the 

requirements of paragraph (b)(1) of this 

section are effective during the 

following periods: 

(A) From January 1 through February 

28, 2015; and 

(B) During any period specified in a 

Federal Register notice issued by NMFS 

announcing that NMFS has determined 

that U.S. purse seine vessels have 

collectively made, or are projected to 

make, 3,061 FAD sets in the Convention 

Area in the area between 20° N. latitude 

and 20° S. latitude in 2015. The Federal 

Register notice will be published at 

least seven days in advance of the start 

of the period announced in the notice. 

NMFS will estimate and project the 

number of FAD sets using vessel 

logbooks, and/or other information 

sources that it deems most appropriate 

and reliable for the purposes of this 

section. 

* * * * * 

[FR Doc. 2014–28105 Filed 12–1–14; 8:45 am] 

BILLING CODE 3510–22–P 

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. 

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: Guy ́

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 

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71332 Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Rules and Regulations 

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 

§ 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, nonshark 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 

(§ 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 

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Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Rules and Regulations 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 

(§ 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 

(§ 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 (§ 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 

§ 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 

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71334 Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Rules and Regulations 

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 MagnusonStevens 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 

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Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Rules and Regulations 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 

(§ 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 nonblacknose SCS without catching 

blacknose sharks. In Amendment 5a to 

the 2006 Consolidated HMS FMP, 

NMFS split the blacknose and nonblacknose 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 nonblacknose 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. 

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71336 Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Rules and Regulations 

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 (§ 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] 

Region Management 

group 

2014 annual 

quota 

(A) 

Preliminary 2014 

landings 1

(B) 

Adjustments 

(C) 

2015 

Base annual 

quota 

(D) 

2015 

Final annual quota 

(D + C) 

Season opening 

dates 

Gulf of Mexico ...... Blacktip Sharks ... 274.3 mt dw 

(604,626 lb dw).

202.3 mt dw 

(446,024 lb dw).

72.0 mt dw 

(158,602 lb 

dw) 2.

256.6 mt dw 

(565,700 lb dw).

328.6 mt dw 

(724,302 lb dw).

January 1, 2015. 

Aggregated Large 

Coastal Sharks.

151.2 mt dw 

(333,828 lb dw).

153.7 mt dw 

(338,923 lb dw).

¥1.0 mt dw 

(2,337 lb dw) 3.

157.5 mt dw 

(347,317 lb dw).

156.5 mt dw 

(344,980 lb dw).

Hammerhead 

Sharks.

25.3 mt dw 

(55,722 lb dw).

14.4 mt dw 

(31,733 lb dw).

......................... 25.3 mt dw 

(55,722 lb dw).

25.3 mt dw 

(55,722 lb dw).

Non-Blacknose 

Small Coastal 

Sharks.

68.3 mt dw 

(150,476 lb dw).

66.8 mt dw 

(147,366 lb dw).

......................... 45.5 mt dw 

(100,317 lb dw).

45.5mt dw 

(100,317 lb dw).

Blacknose Sharks 1.8 mt dw (4,076 

lb dw).

1.4 mt dw (3,149 

lb dw).

¥0.2 mt dw 

(¥437 lb dw) 4.

2.0 mt dw (4,513 

lb dw).

1.8 mt dw (4,076 

lb dw).

Atlantic .................. Aggregated Large 

Coastal Sharks.

168.9 mt dw 

(372,552 lb dw).

101.6 mt dw 

(224,098 lb dw).

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

(372,552 lb dw).

168.9 mt dw 

(372,552 lb dw).

July 1, 2015. 

Hammerhead 

Sharks.

27.1 mt dw 

(59,736 lb dw).

6.0 mt dw (13,223 

lb dw).

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

(59,736 lb dw).

27.1 mt dw 

(59,736 lb dw).

Non-Blacknose 

Small Coastal 

Sharks.

264.1 mt dw 

(582,333 lb dw).

103.1 mt dw 

(227,202 lb dw).

......................... 176.1 mt dw 

(388,222 lb dw).

176.1 mt dw 

(388,222 lb dw).

January 1, 2015. 

Blacknose Sharks 17.5 mt dw 

(38,638 lb dw).

17.4 mt dw 

(38,437 lb dw).

¥0.5 mt dw 

(¥1,111 lb 

dw) 4.

18.0 mt dw 

(39,749 lb dw).

17.5 mt dw 

(38,638 lb dw).

No regional quotas Non-Sandbar LCS 

Research.

50.0 mt dw 

(110,230 lb dw).

14.3 mt dw 

(31,543 lb dw).

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

(110,230 lb dw).

50.0 mt dw 

(110,230 lb dw).

January 1, 2015. 

Sandbar Shark 

Research.

116.6 mt dw 

(257,056 lb dw).

37.5 mt dw 

(82,737 lb dw).

......................... 116.6 mt dw 

(257,056 lb dw).

116.6 mt dw 

(257,056 lb dw).

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

(601,856 lb dw).

7.8 mt dw (17,157 

lb dw).

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

(601,856 lb dw).

273.0 mt dw 

(601,856 lb dw).

Porbeagle Sharks 1.3 mt dw (2,874 

lb dw).

0.5 mt dw (1,035 

lb dw).

......................... 1.7 mt dw (3,748 

lb dw).

1.7 mt dw (3,748 

lb dw).

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Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Rules and Regulations 71337 

TABLE 1—2015 ANNUAL 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] 

Region Management 

group 

2014 annual 

quota 

(A) 

Preliminary 2014 

landings 1

(B) 

Adjustments 

(C) 

2015 

Base annual 

quota 

(D) 

2015 

Final annual quota 

(D + C) 

Season opening 

dates 

Pelagic Sharks 

Other Than 

Porbeagle or 

Blue.

488 mt dw 

(1,075,856 lb 

dw).

126.7 mt dw 

(279,276 lb dw).

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

(1,075,856 lb 

dw).

488.0 mt dw 

(1,075,856 lb 

dw).

1 Landings are from January 1, 2014, through October 15, 2014, and are subject to change. 

2This 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. 

3This 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. 4This 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 § 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 § 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 § 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 

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71338 Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Rules and Regulations 

opening dates, consistent with 

§ 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 MagnusonStevens 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 (§ 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 

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Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Rules and Regulations 71339 

TABLE 2—AVERAGE EX-VESSEL PRICES PER lb dw FOR EACH SHARK MANAGEMENT GROUP, 2013 *—Continued 

[Year 2013] 

Species Region Price 

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 

§ 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, nonblacknose 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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 140117052–4402–02] 

RIN 0648–XD571 

Fisheries of the Northeastern United 

States; Summer Flounder Fishery; 

Commercial Quota Harvested for the 

State of New Jersey 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces that the 

2014 summer flounder commercial 

quota allocated to the State of New 

Jersey has been harvested. Vessels 

issued a commercial Federal fisheries 

permit for the summer flounder fishery 

may not land summer flounder in New 

Jersey for the remainder of calendar year 

2014, unless additional quota becomes 

available through a transfer from 

another state. Regulations governing the 

summer flounder fishery require 

publication of this notification to advise 

New Jersey that the quota has been 

harvested, and to advise Federal vessel 

and dealer permit holders that no 

Federal commercial quota is available 

for landing summer flounder in New 

Jersey. 

mstockstill on DSK4VPTVN1PROD with RULES