[Federal Register Volume 74, Number 106 (Thursday, June 4, 2009)]
[Rules and Regulations]
[Pages 26803-26804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13072]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

RIN 0648-XP47


Atlantic Highly Migratory Species; Inseason Action To Close the 
Commercial Gulf of Mexico Non-Sandbar Large Coastal Shark Fishery

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

ACTION: Fishery closure.

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SUMMARY: NMFS is closing the commercial fishery for non-sandbar large 
coastal sharks (LCS) in the Gulf of Mexico region. This action is 
necessary because that quota for the 2009 fishing season is projected 
to have reached at least 80 percent of the available quota.

DATES: The commercial non-sandbar LCS fishery is closed effective 11:30 
p.m. local time June 6, 2009 until the publication of the 2010 shark 
season specifications in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz, 301-713-2347; 
fax 301-713-1917.

SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed 
under the Consolidated Atlantic Highly Migratory Species (HMS) Fishery 
Management Plan (FMP), its amendments, and its implementing regulations 
found at 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), shark dealers are required to report every 
two weeks. Dealer reports for fish received between the 1\st\ and 
15\th\ of any month must be received by NMFS by the 25\th\ of that 
month. Dealer reports for fish received between the 16\th\ and the end 
of any month must be received by NMFS by the 10\th\ of the following 
month. Under Sec.  635.28(b)(2), when NMFS projects that fishing season 
landings for a specific shark quota have reached or are about 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 that shark 
species group that will be effective no fewer than 5 days from the date 
of filing. From the effective date and time of the closure until NMFS 
announces, via a notice in the Federal Register, that additional quota 
is available and the season is reopened, the fishery for that specific 
quota is closed, even across fishing years.
    On December 24, 2008 (73 FR 79005), NMFS announced that the non-
sandbar LCS quota for the Gulf of Mexico region for the 2009 fishing 
year would be 390.5 metric tons (mt) dressed weight (dw) (860,896 lb 
dw). Dealer reports through the April 30, 2009, reporting period 
indicate that 293.8 mt dw or 75 percent of the available quota for non-
sandbar LCS has been taken in the Gulf of Mexico. Dealer reports 
indicate that 56 percent of the quota was taken from the opening of the 
fishery on January 23, 2009, through February 28, 2009; 9 percent of 
the quota was taken in March; and 10 percent was taken in April. Based 
on dealer reports in March and April, NMFS expects that approximately 
10 percent of the quota will also be taken in May. Based on this 
projection, the fishery could reach 85 percent of the quota, which 
exceeds the 80 percent limit specified in the regulations. Accordingly, 
NMFS is closing the commercial non-sandbar LCS fishery in the Gulf of 
Mexico region as of 11:30 p.m. local time June 6, 2009. All other shark 
fisheries remain open.
    At Sec.  635.27(b)(1)(ii), the boundary between the Gulf of Mexico 
region and the Atlantic region is defined as a line beginning on the 
east coast of Florida at the mainland at 25[deg]20.4' N. lat, 
proceeding due east. Any water and land to the south and west of that 
boundary is considered, for the purposes of quota monitoring and 
setting of quotas, to be within the Gulf of Mexico region.
    During the closure, retention of non-sandbar LCS sharks in the Gulf 
of Mexico region is prohibited for persons fishing aboard vessels 
issued a commercial shark limited access permit under 50 CFR 635.4, 
unless the vessel is permitted to operate as a charter vessel or 
headboat for HMS and is engaged in a for-hire trip, in which case the 
recreational retention limits for sharks and no sale provisions apply 
(50 CFR 635.22(a) and (c)), or if the vessel

[[Page 26804]]

possesses a valid shark research permit under Sec.  635.32 and an NMFS-
approved observer is onboard. A shark dealer, issued a permit pursuant 
to Sec.  635.4, may not purchase or receive non-sandbar LCS in the Gulf 
of Mexico region from a vessel issued an Atlantic Shark LAP, except 
that a permitted shark dealer or processor may possess non-sandbar LCS 
that were harvested, off-loaded, and sold, traded, or bartered, prior 
to the effective date of the closure and were held in storage. However, 
a permitted shark dealer or processor may possess non-sandbar LCS that 
were harvested by a vessel issued a valid shark research fishery permit 
(per Sec.  635.32) with a NMFS-approved observer onboard during the 
trip the sharks were taken as long as the non-sandbar shark research 
fishery remains open. Under this closure, a shark dealer, issued a 
permit pursuant to Sec.  635.4 may, in accordance with state 
regulations, purchase or receive a non-sandbar LCS in the Gulf of 
Mexico region 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 a Shark LAP, HMS Angling permit, or HMS 
Charter/Headboat permit pursuant to Sec.  635.4.

Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for 
Fisheries, NOAA (AA), finds that providing for 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 cause 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 exceeded, the affected 
public is likely to experience reductions in the available quota and a 
lack of fishing opportunities in future seasons. Thus, 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: May 29, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-13072 Filed 6-1-09; 4:15 pm]
BILLING CODE 3510-22-S