[Federal Register Volume 79, Number 242 (Wednesday, December 17, 2014)]
[Rules and Regulations]
[Pages 75068-75070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29552]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket Nos. 130402317-3966-02 and 140429387-4971-02]
RIN 0648-XD659


Atlantic Highly Migratory Species; Commercial Porbeagle Shark 
Fishery

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

ACTION: Temporary rule; closure and addendum to the fishing season 
notification.

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SUMMARY: NMFS is closing fishing for the commercial porbeagle shark 
quota until further notice. This action is necessary because, as of 
December 10, 2014, the commercial landings of porbeagle sharks during 
the 2014 fishing season exceeded the available 2014 adjusted commercial 
quota and to an extent that makes 2015 commercial quota unavailable.

DATES: Fishing for the commercial porbeagle shark quota is closed 
effective 11:30 p.m. local time, December 17,

[[Page 75069]]

2014, until and if NMFS announces via a subsequent document in the 
Federal Register that additional quota is available and the season is 
reopened. The provisions in this document supercede the January 1, 
2015, commercial season opening date and commercial quota established 
for porbeagle sharks in a December 2, 2014 final rule (79 FR 71331). 
Fishing for the commercial porbeagle shark quota will not open on 
January 1, 2015; it will remain closed until subsequent notice is 
provided.

FOR FURTHER INFORMATION CONTACT: Alexis Jackson or Karyl Brewster-Geisz 
301-427-8503; fax 301-713-1917.

SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed 
under the 2006 Consolidated Highly Migratory Species (HMS) Fishery 
Management Plan (FMP), its amendments, and implementing regulations (50 
CFR part 635) issued under authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.).
    Under Sec.  635.5(b)(1), dealers must electronically submit reports 
on sharks that are first received from a vessel on a weekly basis 
through a NMFS-approved electronic reporting system. Reports must be 
received by no later than midnight, local time, of the first Tuesday 
following the end of the reporting week unless the dealer is otherwise 
notified by NMFS. Under Sec.  635.28(b)(1), when NMFS calculates that 
the landings for a species or management group that is not linked to 
another species or management group have reached or are projected to 
reach 80 percent of the available quota, NMFS will file for publication 
with the Office of the Federal Register a notice of closure for the 
species or management group that will be effective no fewer than 5 days 
from date of filing. From the effective date and time of the closure 
until NMFS announces, via a document in the Federal Register, that 
additional quota is available and the season is reopened, the fishery 
for that species or management group is closed, even across fishing 
years.
    On November 26, 2013 (78 FR 70500), NMFS announced that the 
commercial porbeagle shark quota for 2014 was 1.2 metric tons (mt) 
dressed weight (dw) (2,820 lb dw). Dealer reports recently received 
through December 10, 2014, indicate that 2.5 mt dw (5,586 lb dw), or 
198 percent, of the available 2014 commercial porbeagle shark quota has 
been landed. Dealer reports received and reviewed to date indicate that 
9 percent of the quota was landed from the opening of the fishery on 
January 1, 2014, through May 13, 2014; 16 percent of the quota was 
landed by September 16, 2014; 37 percent was landed by October 15, 
2014; 55 percent was landed by November 14, 2014; and 198 percent of 
the quota was landed by December 10, 2014. Accordingly, because the 
available 2014 commercial quota has been exceeded to an extent, as 
described below, that makes 2015 commercial quota unavailable, NMFS is 
closing fishing for the commercial porbeagle shark quota as of 11:30 
p.m. local time, December 17, 2014, until further notice. This closure 
does not affect other shark species or management groups.
    NMFS previously established a January 1, 2015 season opening date 
for the commercial porbeagle shark quota in a December 2, 2014 final 
rule (79 FR 71331). This document supercedes that provision in the 
December 2 final rule, and fishing for the commercial porbeagle shark 
quota will remain closed until further notice.
    Also in that final rule, NMFS announced that the available 2015 
commercial porbeagle shark quota was 1.7 mt dw (3,748 lb dw). As of 
December 10, 2014, the 2014 landings exceeded the 2014 commercial quota 
by 1.3 mt dw (5,586 - 2,820 lb dw = 2,766 lb dw). Accounting for this 
overharvest provides for a 2015 commercial quota of 0.4 mt dw (3,748 - 
2,766 lb dw = 982 lb dw). It would be difficult to monitor such a small 
amount of quota and to timely assess when landings are projected to 
reach 80 percent of it in a way that allows NMFS to close fishing for 
the quota before overharvests would occur (i.e., when landings reach 
0.3 mt dw or 786 lb dw; Sec.  635.28(b)(1)). Additionally, it is 
possible that additional porbeagle landings could be reported in 2014 
before this closure becomes effective, making even less quota available 
for 2015. Thus, quota effectively is not available for the 2015 fishing 
season. Given the effect of the updated landings data on the 
availability of quota for 2015 and the regulatory closure provision 
that fishing for the commercial porbeagle shark quota remains closed, 
even across fishing years, until NMFS announces by Federal Register 
document that additional quota is available and the season is reopened 
(Sec.  635.28(b)(1)), fishing for the commercial porbeagle shark quota 
will not re-open on January 1, 2015; it will remain closed unless NMFS 
issues a subsequent document. Table 1 from the December 2, 2014 final 
rule is amended accordingly to reflect updated landings and actions 
(closure of fishery and change in available quota) associated with this 
document.

                                     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]
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                                                    2014 Annual    Preliminary 2014                       2015 Base        2015 Final     Season opening
            Region             Management group        quota          landings \1\      Adjustments      annual quota     annual quota        dates
                                                 (A).............  (B).............  (C).............  (D)............  (D + C)........
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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).

[[Page 75070]]

 
                               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  1.2 mt dw (2,820  2.5 mt dw (5,586  -1.3 mt dw (-     1.7 mt dw        0.4 mt dw (982   Closed \5\
                                                  lb dw).           lb dw).           2,766 lb dw).     (3,748 lb dw).   lb dw).
                               Pelagic Sharks    488 mt dw         126.7 mt dw       ................  488.0 mt dw      488.0 mt dw      January 1,
                                Other Than        (1,075,856 lb     (279,276 lb dw).                    (1,075,856 lb    (1,075,856 lb    2015.
                                Porbeagle or      dw).                                                  dw).             dw).
                                Blue.
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\1\ All landings except for the porbeagle shark landings are from January 1, 2014, through October 15, 2014, and are subject to change. Porbeagle shark
  landings are from January 1, 2014, through December 10, 2014.
\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.
\5\ This closure accounts for overharvest in 2014. After the final rule establishing the 2015 quotas published, dealer reports indicated that the
  porbeagle quota was overharvested by 1.3 mt dw (2,766 lb dw). Accounting for this large overharvest would result in a 2015 commercial quota of 0.4 mt
  dw (3,748-2,766 lb dw = 982 lb dw). It would be difficult to monitor such a small amount of quota and to timely assess when landings are projected to
  reach 80 percent of it in a way that allows NMFS to close the fishery before overharvests would occur (i.e., when landings reach 0.3 mt dw or 786 lb
  dw; Sec.   635.28(b)(1)).

    During the closure, retention of porbeagle sharks is prohibited for 
persons fishing aboard vessels issued a commercial shark limited access 
permit (LAP) under Sec.  635.4. However, persons aboard a commercially-
permitted vessel that is also properly permitted to operate as a 
charter vessel or headboat for HMS and is engaged in a for-hire trip 
could fish under the recreational retention limits for sharks and ``no 
sale'' provisions (Sec.  635.22(a) and (c)). A shark dealer issued a 
permit pursuant to Sec.  635.4 may not purchase or receive porbeagle 
sharks from a vessel issued an Atlantic shark LAP, except that a 
permitted shark dealer or processor may possess porbeagle sharks that 
were harvested, off-loaded, and sold, traded, or bartered, prior to the 
effective date of the closure and were held in storage. Under this 
closure, a shark dealer issued a permit pursuant to Sec.  635.4 may, in 
accordance with state regulations, purchase or receive a porbeagle 
sharks if the sharks were harvested, off-loaded, and sold, traded, or 
bartered from a vessel that fishes only in state waters and that has 
not been issued an Atlantic Shark LAP, HMS Angling permit, or HMS 
Charter/Headboat permit pursuant to Sec.  635.4.
    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for 
Fisheries, NOAA (AA), finds that providing prior notice and public 
comment for this action is impracticable and contrary to the public 
interest because the fishery is currently underway and any delay in 
this action would result in further overharvest of the quota and be 
inconsistent with management requirements and objectives. Similarly, 
affording prior notice and opportunity for public comment on this 
action is contrary to the public interest because if the quota is 
further exceeded, the stock may be negatively affected and fishermen 
ultimately could experience reductions in the available quota and a 
lack of fishing opportunities in future seasons. For these reasons, the 
AA also finds good cause to waive the 30-day delay in effective date 
pursuant to 5 U.S.C. 553(d)(3). This action is required under Sec.  
635.28(b)(2) and is exempt from review under Executive Order 12866.

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

    Dated: December 12, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-29552 Filed 12-12-14; 4:15 pm]
BILLING CODE 3510-22-P