Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules 39735 

removed from the net. This transit 

exemption is expected to reduce the 

time at sea required for some shrimpers 

while still allowing enforcement to 

verify that they have not been fishing in 

the EEZ. 

A proposed rule that would 

implement measures outlined in 

Amendment 17B has been drafted. In 

accordance with the Magnuson-Stevens 

Act, NMFS is evaluating the proposed 

rule to determine whether it is 

consistent with the FMP, the MagnusonStevens Act, and other applicable law. 

If that determination is affirmative, 

NMFS will publish the proposed rule in 

the Federal Register for public review 

and comment. 

Consideration of Public Comments 

The Council has submitted 

Amendment 17B for Secretarial review, 

approval, and implementation. 

Comments on Amendment 17B must be 

received by October 23, 2017. 

Comments received during the 

respective comment periods, whether 

specifically directed to the amendment 

or the proposed rule, will be considered 

by NMFS in its decision to approve, 

disapprove, or partially approve the 

amendment and will be addressed in 

the final rule. 

All comments received by NMFS on 

the amendment or the proposed rule 

during their respective comment 

periods will be addressed in the final 

rule. 

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

Dated: August 16, 2017. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2017–17635 Filed 8–21–17; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 170605543–7737–01] 

RIN 0648–XF486 

Atlantic Highly Migratory Species; 

2018 Atlantic Shark Commercial 

Fishing Season 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This proposed rule would 

establish quotas, opening dates, and 

retention limits for the 2018 fishing 

season for the Atlantic commercial 

shark fisheries. Quotas would be 

adjusted as required or allowable based 

on any over- and/or underharvests 

experienced during 2017 and previous 

fishing seasons. In addition, NMFS 

proposes season opening dates and 

commercial retention limits based on 

adaptive management measures to 

provide, to the extent practicable, 

fishing opportunities for commercial 

shark fishermen in all regions and areas. 

The proposed measures could affect 

fishing opportunities for commercial 

shark fishermen in the northwestern 

Atlantic Ocean, including the Gulf of 

Mexico and Caribbean Sea. 

DATES: Written comments must be 

received by September 21, 2017. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2017–0069, by any of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2017- 

0069, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Margo Schulze-Haugen, NMFS/SF1, 

1315 East-West Highway, National 

Marine Fisheries Service, SSMC3, Silver 

Spring, MD 20910. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

Copies of this proposed rule and 

supporting documents are available 

from the HMS Management Division 

Web site at www.nmfs.noaa.gov/sfa/ 

hms/ or by contacting Guy ́ DuBeck by 

phone at 301–427–8503. 

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 shark retention 

limits, 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 season 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. 

2018 Proposed Quotas 

This proposed rule would adjust the 

quota levels for the different shark 

stocks and management groups for the 

2018 Atlantic commercial shark fishing 

season based on over- and 

underharvests that occurred during 

2017 and previous fishing seasons, 

consistent with existing regulations at 

50 CFR 635.27(b). Over- and 

underharvests are accounted for in the 

same region, sub-region, and/or fishery 

in which they occurred the following 

year, except that large overharvests may 

be spread over a number of subsequent 

fishing years up to a maximum of 5 

years. Shark stocks or management 

groups that contain one or more stocks 

that are overfished, have overfishing 

occurring, or have an unknown status, 

will not have underharvest carried over 

in the following year. Stocks that are not 

overfished and have no overfishing 

occurring may have any underharvest 

carried over in the following year, up to 

50 percent of the base quota. 

The quotas in this proposed rule are 

based on dealer reports received as of 

July 14, 2017. In the final rule, NMFS 

will adjust the quotas as needed based 

on dealer reports received as of a date 

in mid-October 2017. Thus, all of the 

2018 proposed quotas for the respective 

stocks and management groups will be 

subject to further adjustment after 

NMFS considers the dealer reports 

through mid-October. All dealer reports 

that are received after the October date 

will be used to adjust the 2019 quotas, 

as appropriate. 


sradovich on DSK3GMQ082PROD with PROPOSALS
39736 Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules 

For the sandbar shark, aggregated 

large coastal share (LCS), hammerhead 

shark, non-blacknose small coastal share 

(SCS), blacknose shark, blue shark, 

porbeagle shark, and pelagic shark 

(other than porbeagle or blue sharks) 

management groups, the 2017 

underharvests cannot be carried over to 

the 2018 fishing season because those 

stocks or management groups have been 

determined to be overfished, overfished 

with overfishing occurring, or have an 

unknown status. Thus, for all of these 

management groups, the 2018 proposed 

quotas would be equal to the applicable 

base quota minus any overharvests that 

occurred in 2017 and/or previous 

fishing seasons, as applicable. 

Because the Gulf of Mexico blacktip 

shark management group and 

smoothhound shark management groups 

in the Gulf of Mexico and Atlantic 

regions have been determined not to be 

overfished and to have no overfishing 

occurring, available underharvest (up to 

50 percent of the base quota) from the 

2017 fishing season for these 

management groups may be applied to 

the respective 2018 quotas, and NMFS 

proposes to do so. 

The proposed 2018 quotas by species 

and management group are summarized 

in Table 1; the description of the 

calculations for each stock and 

management group can be found below. 

TABLE 1—2018 PROPOSED QUOTAS AND OPENING DATES FOR THE ATLANTIC SHARK MANAGEMENT GROUPS

[All Quotas and Landings Are Dressed Weight (dw), in Metric Tons (mt), Unless Specified Otherwise. Table Includes Landings Data as of July 

14, 2017; Final Quotas Are Subject to Change Based on Landings as of October 2017. 1 mt = 2,204.6 lb] 

Region or 

sub-region 

Management 

group 

2017 annual 

quota 

Preliminary 2017 

landings 1 Adjustments 2 2018 base annual quota 

2018 proposed 

annual quota 

Season opening 

dates 

(A) (B) (C) (D) (D + C) 

Western Gulf of 

Mexico.

Blacktip Sharks .. 331.6 mt dw 

(730,425 lb dw).

206.6 mt dw 

(455,535 lb dw).

3 115.7 mt dw 

(255,131 lb dw).

231.5 mt dw 

(510,261 lb dw).

347.2 mt dw 

(765,392 lb dw).

January 1, 2018. 

Aggregated Large 

Coastal Sharks.

72.0 mt dw 

(158,724 lb dw).

65.8 mt dw 

(145,098 lb dw).

............................. 72.0 mt dw 

(158,724 lb dw).

72.0 mt dw 

(158,724 lb dw).

Hammerhead 

Sharks.

11.9 mt dw 

(26,301 lb dw).

2.5 mt dw (5,490 

lb dw).

............................. 11.9 mt dw 

(26,301 lb dw).

11.9 mt dw 

(26,301 lb dw).

Eastern Gulf of 

Mexico.

Blacktip Sharks .. 36.0 mt dw 

(79,359 lb dw).

15.3 mt dw 

(33,788 lb dw).

3 12.6 mt dw 

(27,719 lb dw).

25.1 mt dw 

(55,439 lb dw).

37.7 mt dw 

(83,158 lb dw).

Aggregated Large 

Coastal Sharks.

85.5 mt dw 

(188,593 lb dw).

42.0 mt dw 

(92,617 lb dw).

............................. 85.5 mt dw 

(188,593 lb dw).

85.5 mt dw 

(188,593 lb dw).

Hammerhead 

Sharks.

13.4 mt dw 

(29,421 lb dw).

6.4 mt dw 

(14,151 lb dw).

............................. 13.4 mt dw 

(29,421 lb dw).

13.4 mt dw 

(29,421 lb dw).

Gulf of Mexico ...... Non-Blacknose 

Small Coastal 

Sharks.

112.6 mt dw 

(248,215 lb dw).

36.2 mt dw 

(79,779 lb dw).

............................. 112.6 mt dw 

(248,215 lb dw).

112.6 mt dw 

(248,215 lb dw).

Smoothhound 

Sharks.

504.6 mt dw 

(1,112,441 lb 

dw).

0 mt dw (0 lb dw) 168.2 mt dw 

(370,814 lb dw).

336.4 mt dw 

(741,627).

504.6 mt dw 

(1,112,441 lb 

dw).

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

Coastal Sharks.

168.9 mt dw 

(372,552 lb dw).

55.2 mt dw 

(121,791 lb dw).

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

(372,552 lb dw).

168.9 mt dw 

(372,552 lb dw).

January 1, 2018. 

Hammerhead 

Sharks.

27.1 mt dw 

(59,736 lb dw).

5.0 mt dw 

(10,973 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).

60.9 mt dw 

(134,202 lb dw).

............................. 264.1 mt dw 

(582,333 lb dw).

264.1 mt dw 

(582,333 lb dw).

Blacknose Sharks 

(South of 34 ° 

N. lat. only).

17.2 mt dw 

(37,921 lb dw).

5.2 mt dw 

(11,373 lb dw).

............................. 17.2 mt dw 

(37,921 lb dw).

17.2 mt dw 

(37,921 lb dw).

Smoothhound 

Sharks.

1,802.6 mt dw 

(3,973,902 lb 

dw).

166.9 mt dw 

(367,933 lb dw).

600.9 mt dw 

(1,324,634 lb 

dw).

1,201.7 mt dw 

(2,649,268 lb 

dw).

1,802.6 mt dw 

(3,973,902 lb 

dw).

No regional quotas Non-Sandbar 

LCS Research.

50.0 mt dw 

(110,230 lb dw).

10.1 mt dw 

(22,157 lb dw).

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

(110,230 lb dw).

50.0 mt dw 

(110,230 lb dw).

January 1, 2018. 

Sandbar Shark 

Research.

90.7 mt dw 

(199,943 lb dw).

38.4 mt dw 

(84,619 lb dw).

............................. 90.7 mt dw 

(199,943 lb dw).

90.7 mt dw 

(199,943 lb dw).

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

(601,856 lb dw).

< 2.3 mt dw 

(< 5,000 lb dw) ...

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

(601,856 lb dw).

273.0 mt dw 

(601,856 lb dw).

Porbeagle Sharks 1.7 mt dw (3,748 

lb dw).

0 mt dw (0 lb dw) ............................. 1.7 mt dw (3,748 

lb dw).

1.7 mt dw (3,748 

lb dw).

Pelagic Sharks 

Other Than 

Porbeagle or 

Blue.

488.0 mt dw 

(1,075,856 lb 

dw).

64.9 mt dw 

(143,137 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, 2017, through July 14, 2017, and are subject to change. 

2 Underharvest adjustments can only be applied to stocks or management groups that are not overfished and have no overfishing occurring. Also, the underharvest 

adjustments cannot exceed 50 percent of the base quota. 3This adjustment accounts for underharvest in 2017. This proposed rule would increase the overall Gulf of Mexico blacktip shark quota by 128.3 mt dw (282,850 lb 

dw). Since any underharvest would be divided based on the sub-regional quota percentage split, the western Gulf of Mexico blacktip shark quota would be increased 

by 115.7 mt dw, or 90.2 percent of the underharvest, while the eastern Gulf of Mexico blacktip shark quota would be increased by 12.6 mt dw, or 9.8 percent of the 

underharvest. 

1. Proposed 2018 Quotas for the Gulf of 

Mexico Region Shark Management 

Groups 

The 2018 proposed commercial quota 

for blacktip sharks in the western Gulf 

of Mexico sub-region is 347.2 mt dw 

(765,392 lb dw) and the eastern Gulf of 

Mexico sub-region is 37.7 mt dw (83,158 

lb dw). As of July 14, 2017, preliminary 

reported landings for blacktip sharks in 

the western Gulf of Mexico sub-region 

were at 62 percent (206.6 mt dw) of 

their 2017 quota levels (331.6 mt dw), 

while the blacktip sharks in the eastern 

Gulf of Mexico sub-region were at 43 

percent (15.3 mt dw) of their 2017 quota 

levels (36.0 mt dw). Reported landings 

have not exceeded the 2017 quota to 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules 39737 

date, and the western Gulf of Mexico 

sub-region fishery was closed on May 2, 

2017 (82 FR 20447). Gulf of Mexico 

blacktip sharks have not been declared 

to be overfished, to have overfishing 

occurring, or to have an unknown 

status. Pursuant to § 635.27(b)(2)(ii), 

underharvests for blacktip sharks within 

the Gulf of Mexico region therefore 

could be applied to the 2018 quotas up 

to 50 percent of the base quota. Any 

underharvest would be split based on 

the sub-regional quota percentages of 

90.2 percent for western Gulf of Mexico 

blacktip sharks and 9.8 percent for 

eastern Gulf of Mexico blacktip sharks 

(§ 635.27(b)(1)(ii)). To date, the overall 

Gulf of Mexico blacktip shark 

management group was underharvested 

by 148.0 mt dw (325,665 lb dw); 

however, NMFS can only apply up to 50 

percent of the base quota or 128.3 mt dw 

(282,850 lb dw). Accordingly, NMFS 

proposes to increase the 2018 western 

Gulf of Mexico blacktip shark quota by 

115.7 mt dw (128.3 mt dw underharvest 

in 2017 * 90.2 percent = 115.7 mt dw 

western sub-region underharvest) and 

increase the 2018 eastern Gulf of Mexico 

blacktip shark quota by 12.6 mt dw 

(128.3 mt dw underharvest in 2017 * 9.8 

percent = 12.6 mt dw eastern sub-region 

underharvest). Thus, the proposed 

western sub-regional Gulf of Mexico 

blacktip shark commercial quota is 

347.2 mt dw and the proposed eastern 

sub-regional Gulf of Mexico blacktip 

shark commercial quota is 37.7 mt dw. 

The 2018 proposed commercial quota 

for aggregated LCS in the western Gulf 

of Mexico sub-region is 72.0 mt dw 

(158,724 lb dw) and the eastern Gulf of 

Mexico sub-region is 85.5 mt dw 

(188,593 lb dw). As of July 14, 2017, 

preliminary reported landings for 

aggregated LCS in the western Gulf of 

Mexico sub-region were at 91 percent 

(65.8 mt dw) of their 2017 quota levels 

(72.0 mt dw), while the aggregated LCS 

in the eastern Gulf of Mexico sub-region 

were at 49 percent (42.0 mt dw) of their 

2017 quota levels (85.5 mt dw). 

Reported landings have not exceeded 

the 2017 quota to date, and the western 

aggregated LCS sub-region fishery was 

closed on May 2, 2017 (82 FR 20447). 

Given the unknown status of some of 

the shark species within the Gulf of 

Mexico aggregated LCS management 

group, underharvests cannot be carried 

over pursuant to § 635.27(b)(2)(ii). 

Therefore, based on preliminary 

estimates and consistent with the 

current regulations at § 635.27(b)(2), 

NMFS proposes that the 2018 quotas for 

aggregated LCS in the western Gulf of 

Mexico and eastern Gulf of Mexico subregions be equal to their annual base 

quotas without adjustment, because 

there have not been any overharvests 

and because underharvests cannot be 

carried over due to stock status. 

In the Gulf of Mexico, hammerhead 

shark quotas are divided into two subregions: Western and eastern. The 2018 

proposed commercial quotas for 

hammerhead sharks in the western Gulf 

of Mexico sub-region and eastern Gulf of 

Mexico sub-region are 11.9 mt dw 

(23,301 lb dw) and 13.4 mt dw (29,421 

lb dw), respectively. As of July 14, 2017, 

preliminary reported landings for 

hammerhead sharks in the western Gulf 

of Mexico sub-region were at 24 percent 

(2.5 mt dw) of their 2017 quota levels 

(11.9 mt dw), while landings of 

hammerhead sharks in the eastern Gulf 

of Mexico sub-region were at 48 percent 

(6.4 mt dw) of their 2017 quota levels 

(13.4 mt dw). Reported landings have 

not exceeded the 2017 quota to date, 

and the western hammerhead shark subregion fishery was closed on May 2, 

2017 (82 FR 20447). Therefore, based on 

preliminary estimates and consistent 

with the current regulations at 

§ 635.27(b)(2), at this time, NMFS 

proposes that the 2018 quotas for 

hammerhead sharks in the western Gulf 

of Mexico and eastern Gulf of Mexico 

sub-regions be equal to their annual 

base quotas without adjustment, 

because there have not been any 

overharvests and because underharvests 

cannot be carried over due to stock 

status. 

The 2018 proposed commercial quota 

for non-blacknose SCS in the Gulf of 

Mexico region is 112.6 mt dw (248,215 

lb dw). As of July 14, 2017, preliminary 

reported landings of non-blacknose SCS 

were at 32 percent (36.2 mt dw) of their 

2017 quota level (112.6 mt dw) in the 

Gulf of Mexico region. Reported 

landings have not exceeded the 2017 

quota to date. Given the unknown status 

of bonnethead sharks within the Gulf of 

Mexico non-blacknose SCS management 

group, underharvests cannot be carried 

forward pursuant to § 635.27(b)(2)(ii). 

Therefore, based on preliminary 

estimates and consistent with the 

current regulations at § 635.27(b)(2), 

NMFS proposes that the 2018 quota for 

non-blacknose SCS in the Gulf of 

Mexico region be equal to the annual 

base quota without adjustment, because 

there have not been any overharvests 

and because underharvests cannot be 

carried over due to stock status. 

The 2018 proposed commercial quota 

for smoothhound sharks in the Gulf of 

Mexico region is 504.6 mt dw (1,112,441 

lb dw). As of July 14, 2017, there are no 

preliminary reported landings of 

smoothhound sharks in the Gulf of 

Mexico region. Gulf of Mexico 

smoothhound sharks have not been 

declared to be overfished, to have 

overfishing occurring, or to have an 

unknown status. Pursuant to 

§ 635.27(b)(2)(ii), underharvests for 

smoothhound sharks within the Gulf of 

Mexico region therefore could be 

applied to the 2018 quotas up to 50 

percent of the base quota. Accordingly, 

NMFS proposes to increase the 2018 

Gulf of Mexico smoothhound shark 

quota to adjust for anticipated 

underharvests in 2017 as allowed. The 

proposed 2018 adjusted base annual 

quota for Gulf of Mexico smoothhound 

sharks is 504.6 mt dw (1,112,441 lb dw) 

(336.4 mt dw annual base quota + 168.2 

mt dw 2017 underharvest = 504.6 mt dw 

2018 adjusted annual quota). 

2. Proposed 2018 Quotas for the Atlantic 

Region Shark Management Groups 

The 2018 proposed commercial quota 

for aggregated LCS in the Atlantic region 

is 168.9 mt dw (372,552 lb dw). As of 

July 14, 2017, the aggregated LCS 

fishery in the Atlantic region is still 

open and preliminary landings indicate 

that only 33 percent of the quota, or 55.2 

mt dw (121,791 lb dw), has been 

harvested. Given the unknown status of 

some of the shark species within the 

Atlantic aggregated LCS management 

group, underharvests cannot be carried 

over pursuant to § 635.27(b)(2)(ii). 

Therefore, based on preliminary 

estimates and consistent with current 

regulations at § 635.27(b)(2), NMFS 

proposes that the 2018 quota for 

aggregated LCS in the Atlantic region be 

equal to the annual base quota without 

adjustment, because there have not been 

any overharvests and underharvests 

cannot be carried over due to stock 

status. 

The 2018 proposed commercial quota 

for hammerhead sharks in the Atlantic 

region is 27.1 mt dw (59,736 lb dw). 

Currently, the hammerhead shark 

fishery in the Atlantic region is still 

open and preliminary landings as of 

July 14, 2017, indicate that only 18 

percent of the quota, or 5.0 mt dw 

(10,973 lb dw), has been harvested. 

Given the overfished status of 

hammerhead sharks, underharvests 

cannot be carried forward pursuant to 

§ 635.27(b)(2)(ii). Therefore, based on 

preliminary estimates and consistent 

with the current regulations at 

§ 635.27(b)(2), NMFS proposes that the 

2018 quota for hammerhead sharks in 

the Atlantic region be equal to the 

annual base quota without adjustment, 

because there have not been any 

overharvests and because underharvests 

cannot be carried over due to stock 

status. 


sradovich on DSK3GMQ082PROD with PROPOSALS
39738 Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules 

The 2018 proposed commercial quota 

for non-blacknose SCS in the Atlantic 

region is 264.1 mt dw (582,333 lb dw). 

As of July 14, 2017, preliminary 

reported landings of non-blacknose SCS 

were at 23 percent (60.9 mt dw) of their 

2017 quota level (264.1 mt dw) in the 

Atlantic region. Reported landings have 

not exceeded the 2017 quota to date. 

Given the unknown status of 

bonnethead sharks within the Atlantic 

non-blacknose SCS management group, 

underharvests cannot be carried forward 

pursuant to § 635.27(b)(2)(ii). Therefore, 

based on preliminary estimates and 

consistent with the current regulations 

at § 635.27(b)(2), NMFS proposes that 

the 2018 quota for non-blacknose SCS in 

the Atlantic region be equal to the 

annual base quota without adjustment, 

because there have not been any 

overharvests and because underharvests 

cannot be carried over due to stock 

status. 

The 2018 proposed commercial quota 

for blacknose sharks in the Atlantic 

region is 17.2 mt dw (37,921 lb dw). As 

of July 14, 2017, preliminary reported 

landings of blacknose sharks were at 30 

percent (5.2 mt dw) of their 2017 quota 

levels (17.2 mt dw) in the Atlantic 

region. Reported landings have not 

exceeded the 2017 quota to date. 

Pursuant to § 635.27(b)(2), because 

blacknose sharks have been declared to 

be overfished with overfishing occurring 

in the Atlantic region, NMFS could not 

carry forward the remaining 

underharvest. Therefore, NMFS 

proposes that the 2018 Atlantic 

blacknose shark quota be equal to the 

annual base quota without adjustment. 

(NOTE: The blacknose shark quota is 

available in the Atlantic region only for 

those vessels operating south of 34° N. 

latitude; north of 34° N. latitude, 

retention, landing, and sale of blacknose 

sharks are prohibited.) 

The 2018 proposed commercial quota 

for smoothhound sharks in the Atlantic 

region is 1,802.6 mt dw (3,973,902 lb 

dw). As of July 14, 2017, preliminary 

reported landings of smoothhound 

sharks were at 9 percent (166.9 mt dw) 

of their 2017 quota levels (1,802.6 mt 

dw) in the Atlantic region. Atlantic 

smoothhound sharks have not been 

declared to be overfished, to have 

overfishing occurring, or to have an 

unknown status. Pursuant to 

§ 635.27(b)(2)(ii), underharvests for 

smoothhound sharks within the Atlantic 

region therefore could be applied to the 

2018 quotas up to 50 percent of the base 

quota. Accordingly, NMFS proposes to 

increase the 2018 Atlantic smoothhound 

shark quota to adjust for anticipated 

underharvests in 2017 as allowed. The 

proposed 2018 adjusted base annual 

quota for Atlantic smoothhound sharks 

is 1,802.6 mt dw (1,323,862 lb dw) 

(1,201.7 mt dw annual base quota + 

600.9 mt dw 2017 underharvest = 

1,802.6 mt dw 2018 adjusted annual 

quota). 

3. Proposed 2018 Quotas for Shark 

Management Groups With No Regional 

Quotas 

The 2018 proposed commercial 

quotas within the shark research fishery 

are 50.0 mt dw (110,230 lb dw) for 

research LCS and 90.7 mt dw (199,943 

lb dw) for sandbar sharks. Within the 

shark research fishery, as of July 14, 

2017, preliminary reported landings of 

research LCS were at 20 percent (10.1 

mt dw) of their 2017 quota levels (50.0 

mt dw), and sandbar shark reported 

landings were at 42 percent (38.4 mt 

dw) of their 2017 quota levels (27.1 mt 

dw). Reported landings have not 

exceeded the 2017 quotas to date. Under 

§ 635.27(b)(2)(ii), because sandbar 

sharks and scalloped hammerhead 

sharks within the research LCS 

management group have been 

determined to be either overfished or 

overfished with overfishing occurring, 

underharvests for these management 

groups cannot be carried forward to the 

2018 quotas. Therefore, based on 

preliminary estimates and consistent 

with the current regulations at 

§ 635.27(b)(2), NMFS proposes that the 

2018 quota in the shark research fishery 

be equal to the annual base quota 

without adjustment because there have 

not been any overharvests and because 

underharvests cannot be carried over 

due to stock status. 

The 2018 proposed commercial 

quotas for blue sharks, porbeagle sharks, 

and pelagic sharks (other than porbeagle 

or blue sharks) are 273 mt dw (601,856 

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

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

As of July 14, 2017, there are no 

preliminary reported landings of 

porbeagle sharks. The preliminary 

reported landings of blue sharks were at 

less than 1 percent (less than 2.3 mt dw) 

of their 2017 quota level (273.0 mt dw), 

while preliminary reported landings of 

pelagic sharks (other than porbeagle and 

blue sharks) were at 13 percent (64.9 mt 

dw) of their 2017 quota level (488.0 mt 

dw). Given that these pelagic species are 

overfished, have overfishing occurring, 

or have an unknown status, 

underharvests cannot be carried forward 

pursuant to § 635.27(b)(2)(ii). Therefore, 

based on preliminary estimates and 

consistent with the current regulations 

at § 635.27(b)(2), NMFS proposes that 

the 2018 quotas for blue sharks, 

porbeagle sharks, and pelagic sharks 

(other than porbeagle and blue sharks) 

be equal to their annual base quotas 

without adjustment, because there have 

not been any overharvests and because 

underharvests cannot be carried over 

due to stock status. 

Proposed Opening Dates and Retention 

Limits for the 2018 Atlantic Commercial 

Shark Fishing Season 

For each fishery, NMFS considered 

the seven ‘‘Opening Commercial Fishing 

Season Criteria’’ listed at § 635.27(b)(3). 

The ‘‘Opening Fishing Season’’ criteria 

consider factors such as the available 

annual quotas for the current fishing 

season, estimated season length and 

average weekly catch rates from 

previous years, length of the season and 

fishermen participation in past years, 

impacts to accomplishing objectives of 

the 2006 Consolidated HMS FMP and 

its amendments, temporal variation in 

behavior or biology target species (e.g., 

seasonal distribution or abundance), 

impact of catch rates in one region on 

another, and effects of delayed season 

openings. 

Specifically, as described above and 

below, NMFS examined the 2017 and 

previous fishing years’ over- and/or 

underharvests of the different 

management groups to determine the 

effects of the 2018 proposed commercial 

quotas on the shark stocks and 

fishermen across regional and subregional fishing areas. NMFS also 

examined the potential season length 

and previous catch rates to ensure, to 

the extent practicable, that equitable 

fishing opportunities be provided to 

fishermen in all areas. Lastly, NMFS 

examined the seasonal variation of the 

different species/management groups 

and the effects on fishing opportunities. 

As described below, NMFS also 

considered the six ‘‘Inseason trip limit 

adjustment criteria’’ listed at 

§ 635.24(a)(8) for directed shark limited 

access permit holders intending to land 

LCS other than sandbar sharks. Those 

criteria are: The amount of remaining 

shark quota in the relevant area or 

region, to date, based on dealer reports; 

the catch rates of the relevant shark 

species/complexes, to date, based on 

dealer reports; estimated date of fishery 

closure based on when the landings are 

projected to reach 80 percent of the 

quota given the realized catch rates; 

effects of the adjustment on 

accomplishing the objectives of the 2006 

Consolidated HMS FMP and its 

amendments; variations in seasonal 

distribution, abundance, or migratory 

patterns of the relevant shark species 

based on scientific and fishery-based 

knowledge; and/or effects of catch rates 

in one part of a region precluding 

vessels in another part of that region 


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Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules 39739 

from having a reasonable opportunity to 

harvest a portion of the relevant quota. 

After considering these criteria, 

NMFS is proposing that the 2018 

Atlantic commercial shark fishing 

season for all shark management groups 

in the northwestern Atlantic Ocean, 

including the Gulf of Mexico and the 

Caribbean Sea, open on or about January 

1, 2018, after the publication of the final 

rule for this action (Table 2). NMFS is 

also proposing to start the 2018 

commercial shark fishing season with 

the commercial retention limit of 45 

LCS other than sandbar sharks per 

vessel per trip in the western Gulf of 

Mexico sub-region, 50 LCS other than 

sandbar sharks per vessel per trip in the 

eastern Gulf of Mexico sub-region, and 

25 LCS other than sandbar sharks per 

vessel per trip in the Atlantic region 

(Table 2). However, at the time of 

writing this proposed rule, some 

management groups remain open and, 

for those management groups that are 

already closed, landings are still being 

calculated and checked for quality 

control and assurance. Thus, NMFS may 

implement different opening dates and 

commercial retention limits in the final 

rule if there are underharvested quotas 

or quota exceedances in 2017 that are 

not accounted for in this proposed rule. 

TABLE 2—QUOTA LINKAGES, SEASON OPENING DATES, AND COMMERCIAL RETENTION LIMIT BY REGIONAL OR

SUB-REGIONAL SHARK MANAGEMENT GROUP

Region or sub-region Management group Quota 

linkages 

Season 

opening dates 

Commercial retention limits for directed shark limited access permit holders 

(inseason adjustments are possible) 

Western Gulf of Mexico .. Blacktip Sharks ............... Not Linked January 1, 2018 ..... 45 LCS other than sandbar sharks per vessel per 

trip. 

Aggregated Large Coastal Sharks.Linked.

Hammerhead Sharks.

Eastern Gulf of Mexico ... Blacktip Sharks ............... Not Linked January 1, 2018 ..... 50 LCS other than sandbar sharks per vessel per 

trip. 

Aggregated Large Coastal Sharks.Linked.

Hammerhead Sharks.

Gulf of Mexico ................ Non-Blacknose Small 

Coastal Sharks.

Not Linked .. January 1, 2018 ..... N/A. 

Smoothhound Sharks ..... Not Linked .. January 1, 2018 ..... N/A. 

Atlantic ............................ Aggregated Large Coastal Sharks.Linked ......... January 1, 2018 ..... 25 LCS other than sandbar sharks per vessel per 

trip. 

If quota is landed quickly (e.g., if approximately 20 

percent of quota is caught at the beginning of 

the year), NMFS anticipates an inseason reduction (e.g., to 3 or fewer LCS other than sandbar 

sharks per vessel per trip), then an inseason increase to 36 LCS other than sandbar sharks per 

vessel per trip around July 15, 2018. 

Hammerhead Sharks 

Non-Blacknose Small 

Coastal Sharks.

Linked 

(South of 

34° N. lat. 

only).

January 1, 2018 ..... N/A. 

Blacknose Sharks (South 

of 34° N. lat. only).

Smoothhound Sharks ..... Not Linked .. January 1, 2018 ..... N/A. 

No regional quotas ......... Non-Sandbar LCS Research.

Sandbar Shark Research 

Linked ......... January 1, 2018 ..... N/A. 

Blue Sharks ....................

Porbeagle Sharks 

Pelagic Sharks Other 

Than Porbeagle or 

Blue 

Not Linked .. January 1, 2018 ..... N/A. 

In the Gulf of Mexico region, we are 

opening the fishing season on or about 

January 1, 2018, for the aggregated LCS, 

blacktip sharks, and hammerhead shark 

management groups with the 

commercial retention limits of 45 LCS 

other than sandbar sharks per vessel per 

trip for directed shark permit holders in 

the western sub-region—and 50 LCS 

other than sandbar sharks per vessel per 

trip for directed shark permit holders in 

the eastern sub-region. This would 

provide, to the extent practicable, 

equitable opportunities across the 

fisheries management sub-regions. This 

opening date takes into account all the 

season opening criteria listed in 

§ 635.27(b)(3), and particularly the 

criteria that NMFS consider the length 

of the season for the different species 

and/or management group in the 

previous years (§ 635.27(b)(3)(ii) and 

(iii)) and whether fishermen were able 

to participate in the fishery in those 

years (§ 635.27(b)(3)(v)). The proposed 

commercial retention limits take into 

account the criteria listed in 

§ 635.24(a)(8), and particularly the 

criterion that NMFS consider the catch 

rates of the relevant shark species/ 

complexes based on dealer reports to 

date (§ 635.24(a)(8)(ii)). Similar to the 

retention limit adjustment process 

described for the Atlantic region, NMFS 

may consider adjusting the retention 

limit in the Gulf of Mexico region 

throughout the season to ensure 

fishermen in all parts of the region have 

an opportunity to harvest aggregated 


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LCS, blacktip sharks, and hammerhead 

sharks (see the criteria listed at 

§ 635.27(b)(3)(v) and § 635.24(a)(8)(ii), 

(v), and (vi)). In 2017, the management 

groups in the western Gulf of Mexico 

sub-region were closed on May 2, 2017 

(82 FR 20447). As such, in 2018, NMFS 

is proposing the same commercial trip 

limit for these management groups that 

was set in 2017 in order to ensure the 

management group is open until at least 

April 2017, which is when the State of 

Louisiana closes state waters to shark 

fishing and when that State has 

previously asked that NMFS close 

Federal shark fisheries to match state 

regulations if quotas are limited (see the 

criteria listed at § 635.27(b)(3)(vii) and 

§ 635.24(a)(8)(iii)). In the eastern Gulf of 

Mexico, NMFS is proposing a slightly 

higher trip limit in order to increase the 

harvest levels. Currently, the aggregated 

LCS, blacktip shark, and hammerhead 

shark management groups are still open 

in the eastern Gulf of Mexico sub-region 

(see the criteria listed at § 635.27(b)(3)(i) 

through (v), § 635.24(a)(8)(i) through 

(iii), and § 635.24(a)(8)(v) and (vi)). 

Fishermen fishing for these management 

groups in the eastern Gulf of Mexico did 

not fully land available quota in 2016 

(fishing with the same retention limit as 

in 2017), and, if fishing rates remain 

similar to those in 2016, are not 

expected to fully land available quotas 

in 2017. Thus, NMFS believes that a 

small increase in retention limit in this 

sub-region could allow fishermen 

additional opportunities to fully land 

available quotas while not exceeding 

them. However, if catch rates increase 

and the eastern Gulf of Mexico subregional management groups close this 

year, NMFS could make changes to the 

2018 opening dates and commercial 

retention limits if necessary to ensure 

equitable fishing opportunities. 

In the Atlantic region, NMFS 

proposes opening the aggregated LCS 

and hammerhead shark management 

groups on or about January 1, 2018. This 

opening date is the same date that these 

management groups opened in 2017. As 

described below, this opening date also 

takes into account all the criteria listed 

in § 635.27(b)(3), and particularly the 

criterion that NMFS consider the 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 (§ 635.27(b)(3)(v)). In 2017, the 

data indicate that an opening date of 

January 1 provided a reasonable 

opportunity for every part of each region 

to harvest a portion of the available 

quotas (§ 635.27(b)(3)(i)) while 

accounting for variations in seasonal 

distribution of the different species in 

the management groups 

(§ 635.27(b)(3)(iv)). When the aggregated 

LCS quota was harvested too quickly to 

allow fishermen in the North Atlantic 

area an opportunity to fish, NMFS 

reduced the retention limit to three 

sharks per trip on April 13, 2017 (82 FR 

17765). NMFS then increased the 

retention limit to 36 sharks per trip on 

July 16, 2017 (82 FR 32490), to allow for 

equitable fishing opportunities across 

the Atlantic region. Because the quotas 

in 2018 are proposed to be the same as 

the quotas in 2017, NMFS expects that 

the season lengths and therefore the 

participation of various fishermen 

throughout the region, would be similar 

in 2018 (§ 635.27(b)(3)(ii) and (iii)). 

Based on the recent performance of the 

fishery, the January 1 opening date 

appears to be meet the objectives of the 

2006 Consolidated HMS FMP and its 

amendments (§ 635.27(b)(3)(vi)). 

Therefore, there is no information that 

indicates changing the opening date is 

necessary. 

In addition, for the aggregated LCS 

and hammerhead shark management 

groups in the Atlantic region, NMFS is 

proposing that the commercial retention 

trip limit for directed shark limited 

access permit holders on the proposed 

opening date be 25 LCS other than 

sandbar sharks per vessel per trip. This 

retention limit should allow fishermen 

to harvest some of the 2018 quota at the 

beginning of the year when sharks are 

more prevalent in the South Atlantic 

area (see the criteria at § 635.24(a)(3)(i), 

(ii), (v), and (vi)). As was done in 2017, 

if it appears that the quota is being 

harvested too quickly (i.e., about 20 

percent) to allow directed fishermen 

throughout the entire region an 

opportunity to fish and ensure enough 

quota remains until later in the year, 

NMFS would reduce the commercial 

retention limits to incidental levels (3 

LCS other than sandbar sharks per 

vessel per trip) or another level 

calculated to reduce the harvest of LCS 

taking into account § 635.27(b)(3) and 

the inseason trip limit adjustment 

criteria listed in § 635.24(a)(8), 

particularly the consideration of 

whether catch rates in one part of a 

region or sub-region are precluding 

vessels in another part of that region or 

sub-region from having a reasonable 

opportunity to harvest a portion of the 

relevant quota (§ 635.24(a)(8)(vi)). If the 

quota continues to be harvested quickly, 

NMFS could reduce the retention limit 

to 0 LCS other than sandbar sharks per 

vessel per trip to ensure enough quota 

remains until later in the year. If either 

situation occurs, NMFS would publish 

in the Federal Register notification of 

any inseason adjustments of the 

retention limit to an appropriate limit of 

sharks per trip. In 2017, NMFS reduced 

the retention limit to 3 LCS other than 

sandbar sharks on April 13, 2017 (82 FR 

17765) when the aggregated LCS 

landings reached approximately 20 

percent of the aggregated LCS quota, 

and did not need to reduce it further. 

Also, as was done in 2017, NMFS will 

consider increasing the commercial 

retention limits per trip at a later date 

if necessary to provide fishermen in the 

northern portion of the Atlantic region 

an opportunity to retain aggregated LCS 

and hammerhead sharks after 

considering the appropriate inseason 

adjustment criteria. Similarly, at some 

point later in the year (e.g., July 15), 

potentially equivalent to how the 2017 

fishing season operated, NMFS may 

consider increasing the retention limit 

to 36 LCS other than sandbar sharks per 

vessel per trip or another amount, as 

deemed appropriate, after considering 

the inseason trip limit adjustment 

criteria. If the quota is being harvested 

too quickly or too slowly, NMFS could 

adjust the retention limit appropriately 

to ensure the fishery remains open most 

of the rest of the year. Since the fishery 

is still open with majority of the quota 

available, NMFS will monitor the rest of 

the fishing season and could make 

changes to the proposed 2018 opening 

date if necessary to ensure equitable 

fishing opportunities. 

All of the shark management groups 

would remain open until December 31, 

2018, or until NMFS determines that the 

fishing season landings for any shark 

management group have reached, or are 

projected to reach, 80 percent of the 

available quota. If NMFS determines 

that a non-linked shark species or 

management group must be closed, 

then, consistent with § 635.28(b)(2) for 

non-linked quotas (e.g., eastern Gulf of 

Mexico blacktip, western Gulf of Mexico 

blacktip, Gulf of Mexico non-blacknose 

SCS, pelagic sharks, or the Atlantic or 

Gulf of Mexico smoothhound sharks), 

NMFS will publish in the Federal 

Register a notice of closure for that 

shark species, shark management group, 

region, and/or sub-region that will be 

effective no fewer than 5 days from the 

date of filing. For the blacktip shark 

management group, regulations at 

§ 635.28(b)(5)(i) through (v) authorize 

NMFS to close the management group 

before landings reach, or are expected to 

reach, 80 percent of the quota after 

considering the following criteria and 

other relevant factors: season length 

based on available sub-regional quota 

and average sub-regional catch rates; 


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variability in regional and/or subregional seasonal distribution, 

abundance, and migratory patterns; 

effects on accomplishing the objectives 

of the 2006 Consolidated HMS FMP and 

its amendments; amount of remaining 

shark quotas in the relevant sub-region; 

and regional and/or sub-regional catch 

rates of the relevant shark species or 

management groups. 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. 

If NMFS determines that a linked 

shark species or management group 

must be closed, then, consistent with 

§ 635.28(b)(3) for linked quotas, NMFS 

will publish in the Federal Register a 

notice of closure for all of the species 

and/or management groups in a linked 

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 the 

publication of a notice in the Federal 

Register, that additional quota is 

available and the season is reopened, 

the fisheries for all linked species and/ 

or management groups are closed, even 

across fishing years. The linked quotas 

of the species and/or management 

groups are Atlantic hammerhead sharks 

and Atlantic aggregated LCS; eastern 

Gulf of Mexico hammerhead sharks and 

eastern Gulf of Mexico aggregated LCS; 

western Gulf of Mexico hammerhead 

sharks and western Gulf of Mexico 

aggregated LCS; and Atlantic blacknose 

and Atlantic non-blacknose SCS south 

of 34° N. latitude. NMFS may close the 

fishery for the Gulf of Mexico blacktip 

shark before landings reach, or are 

expected to reach, 80 percent of the 

quota, after considering the criteria 

listed at § 635.28(b)(5). 

Request for Comments 

Comments on this proposed rule may 

be submitted via www.regulations.gov or 

by mail. NMFS solicits comments on 

this proposed rule by September 21, 

2017 (see DATES and ADDRESSES). 

Classification 

The NMFS Assistant Administrator 

has determined that the proposed rule is 

consistent with the 2006 Consolidated 

HMS FMP and its amendments, the 

Magnuson-Stevens Act, and other 

applicable law, subject to further 

consideration after public comment. 

These proposed specifications are 

exempt from review under Executive 

Order 12866. 

NMFS determined that the final rules 

to implement Amendment 2 to the 2006 

Consolidated HMS FMP (June 24, 2008, 

73 FR 35778; corrected on July 15, 2008, 

73 FR 40658), Amendment 5a to the 

2006 Consolidated HMS FMP (78 FR 

40318; July 3, 2013), Amendment 6 to 

the 2006 Consolidated HMS FMP (80 FR 

50073; August 18, 2015), and 

Amendment 9 to the 2006 Consolidated 

HMS FMP (80 FR 73128; November 24, 

2015) are consistent to the maximum 

extent practicable with the enforceable 

policies of the approved coastal 

management program of coastal states 

on the Atlantic including the Gulf of 

Mexico and the Caribbean Sea as 

required under the Coastal Zone 

Management Act. Pursuant to 15 CFR 

930.41(a), NMFS provided the Coastal 

Zone Management Program of each 

coastal state a 60-day period to review 

the consistency determination and to 

advise the Agency of their concurrence. 

NMFS received concurrence with the 

consistency determinations from several 

states and inferred consistency from 

those states that did not respond within 

the 60-day time period. This proposed 

action to establish opening dates and 

adjust quotas for the 2018 fishing season 

for the Atlantic commercial shark 

fisheries does not change the framework 

previously consulted upon; therefore, 

no additional consultation is required. 

An initial regulatory flexibility 

analysis (IRFA) was prepared, as 

required by section 603 of the 

Regulatory Flexibility Act (RFA). The 

IRFA describes the economic impact 

this proposed rule, if adopted, would 

have on small entities. The IRFA 

analysis follows. 

Section 603(b)(1) of the RFA requires 

agencies to explain the purpose of the 

rule. This rule, consistent with the 

Magnuson-Stevens Act and the 2006 

Consolidated HMS FMP and its 

amendments, is being proposed to 

establish the 2018 commercial shark 

fishing quotas, retention limits, and 

fishing seasons. Without this rule, the 

commercial shark fisheries would close 

on December 31, 2017, and would not 

open until another action was taken. 

This proposed rule would be 

implemented according to the 

regulations implementing the 2006 

Consolidated HMS FMP and its 

amendments. Thus, NMFS expects few, 

if any, economic impacts to fishermen 

other than those already analyzed in the 

2006 Consolidated HMS FMP and its 

amendments, based on the quota 

adjustments. 

Section 603(b)(2) of the RFA requires 

agencies to explain the rule’s objectives. 

The objectives of this rule are to: Adjust 

the baseline quotas for all Atlantic shark 

management groups based on any overand/or underharvests from the previous 

fishing year(s); establish the opening 

dates of the various management 

groups; and establish the retention 

limits for the blacktip shark, aggregated 

large coastal shark, and hammerhead 

shark management groups in order to 

provide, to the extent practicable, 

equitable opportunities across the 

fishing management regions and/or subregions while also considering the 

ecological needs of the different shark 

species. 

Section 603(b)(3) of the RFA requires 

agencies 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. Provision is made under 

SBA’s regulations for an agency to 

develop its own industry-specific size 

standards after consultation with 

Advocacy and an opportunity for public 

comment (see 13 CFR 121.903(c)). 

Under this provision, NMFS may 

establish size standards that differ from 

those established by the SBA Office of 

Size Standards, but only for use by 

NMFS and only for the purpose of 

conducting an analysis of economic 

effects in fulfillment of the agency’s 

obligations under the RFA. To utilize 

this provision, NMFS must publish such 

size standards in the Federal Register, 

which NMFS did on December 29, 2015 

(80 FR 81194). In this final rule effective 

on July 1, 2016, NMFS established a 

small business size standard of $11 

million in annual gross receipts for all 

businesses in the commercial fishing 

industry (NAICS 11411) for RFA 

compliance purposes. NMFS considers 

all HMS permit holders to be small 

entities because they had average 

annual receipts of less than $11 million 

for commercial fishing. 

As of July 2017, the proposed rule 

would apply to the approximately 206 

directed commercial shark permit 

holders, 244 incidental commercial 

shark permit holders, 142 smoothhound 

shark permit holders, and 112 

commercial shark dealers. Not all 

permit holders are active in the fishery 

in any given year. Active directed 

commercial shark permit holders are 

defined as those with valid permits that 

landed one shark based on HMS 

electronic dealer reports. Of the 450 

directed and incidental commercial 

shark permit holders, only 28 permit 

holders landed sharks in the Gulf of 

Mexico region and only 78 landed 

sharks in the Atlantic region. Of the 142 

smoothhound shark permit holders, 

only 26 permit holders landed 


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39742 Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules 

smoothhound sharks in the Atlantic 

region and none landed smoothhound 

sharks in the Gulf of Mexico region. 

NMFS has determined that the proposed 

rule would not likely affect any small 

governmental jurisdictions. 

This proposed rule does not contain 

any new reporting, recordkeeping, or 

other compliance requirements (5 U.S.C. 

603(b)(4)). Similarly, this proposed rule 

would not conflict, duplicate, or overlap 

with other relevant Federal rules (5 

U.S.C. 603(b)(5)). Fishermen, dealers, 

and managers in these fisheries must 

comply with a number of international 

agreements as domestically 

implemented, domestic laws, and FMPs. 

These include, but are not limited to, 

the Magnuson-Stevens Act, the Atlantic 

Tunas Convention Act, the High Seas 

Fishing Compliance Act, the Marine 

Mammal Protection Act, the Endangered 

Species Act, the National 

Environmental Policy Act, the 

Paperwork Reduction Act, and the 

Coastal Zone Management Act. 

Section 603(c) of the RFA requires 

each IRFA to contain a description of 

any significant alternatives to the 

proposed rule which would accomplish 

the stated objectives of applicable 

statutes and minimize any significant 

economic impact of the proposed rule 

on small entities. Additionally, the RFA 

(5 U.S.C. 603(c)(1)–(4)) lists four general 

categories of significant alternatives that 

would assist an agency in the 

development of significant alternatives. 

These categories of alternatives are: (1) 

Establishment of differing compliance 

or reporting requirements or timetables 

that take into account the resources 

available to small entities; (2) 

clarification, consolidation, or 

simplification of compliance and 

reporting requirements under the rule 

for such small entities; (3) use of 

performance rather than design 

standards; and, (4) exemptions from 

coverage of the rule for small entities. In 

order to meet the objectives of this 

proposed rule, consistent with the 

Magnuson-Stevens Act, NMFS cannot 

exempt small entities or change the 

reporting requirements only for small 

entities because all the entities affected 

are considered small entities; therefore, 

there are no alternatives discussed that 

fall under the first, second, and fourth 

categories described above. NMFS does 

not know of any performance or design 

standards that would satisfy the 

aforementioned objectives of this 

rulemaking while, concurrently, 

complying with the Magnuson-Stevens 

Act; therefore, there are no alternatives 

considered under the third category. 

This rulemaking does not establish 

management measures to be 

implemented, but rather implements 

previously adopted and analyzed 

measures with adjustments, as specified 

in the 2006 Consolidated HMS FMP and 

its amendments and the Environmental 

Assessment (EA) that accompanied the 

2011 shark quota specifications rule (75 

FR 76302; December 8, 2010). Thus, 

NMFS proposes to adjust quotas 

established and analyzed in the 2006 

Consolidated HMS FMP and its 

amendments by subtracting the 

underharvest or adding the overharvest 

as allowable. Thus, NMFS has limited 

flexibility to modify the quotas in this 

rule, the impacts of which were 

analyzed in previous regulatory 

flexibility analyses. 

Based on the 2016 ex-vessel price, 

fully harvesting the unadjusted 2018 

Atlantic shark commercial baseline 

quotas could result in total fleet 

revenues of $7,779,285 (see Table 3). 

For the Gulf of Mexico blacktip shark 

management group, NMFS is proposing 

to increase the baseline sub-regional 

quotas due to the underharvests in 2017. 

The increase for the western Gulf of 

Mexico blacktip shark management 

group could result in a $218,647 gain in 

total revenues for fishermen in that subregion, while the increase for the eastern 

Gulf of Mexico blacktip shark 

management group could result in a 

$32,902 gain in total revenues for 

fishermen in that sub-region. For the 

Gulf of Mexico and Atlantic 

smoothhound shark management 

groups, NMFS is proposing to increase 

the baseline quotas due to the 

underharvest in 2017. This would cause 

a potential gain in revenue of $581,718 

for the fleet in the Gulf of Mexico region 

and a potential gain in revenue of 

$1,083,926 for the fleet in the Atlantic 

region. 

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 final regulatory 

flexibility analyses for those 

amendments concluded that the 

economic impacts on these small 

entities are expected to be minimal. In 

the 2006 Consolidated HMS FMP and 

its amendments and the EA for the 2011 

shark quota specifications rule, NMFS 

stated it would be conducting annual 

rulemakings and considering the 

potential economic impacts of adjusting 

the quotas for under- and overharvests 

at that time. 

TABLE 3—AVERAGE EX-VESSEL PRICES PER LB DW FOR EACH SHARK MANAGEMENT GROUP, 2016 

Region Species 

Average 

ex-vessel 

meat price 

Average 

ex-vessel 

fin price 

Western Gulf of Mexico ............................... Blacktip Shark ................................................................................

Aggregated LCS ............................................................................

Hammerhead Shark .......................................................................

$0.56 

0.52 

0.83 

$11.00 

11.06 

11.08 

Eastern Gulf of Mexico ............................... Blacktip Shark ................................................................................

Aggregated LCS ............................................................................

Hammerhead Shark .......................................................................

0.89 

0.56 

0.25 

10.67 

11.23 

15.95 

Gulf of Mexico ............................................. Non-Blacknose SCS ......................................................................

Smoothhound Shark ......................................................................

0.38 

1.50 

8.68 

1.91 

Atlantic ......................................................... Aggregated LCS ............................................................................

Hammerhead Shark .......................................................................

Non-Blacknose SCS ......................................................................

0.79 

0.38 

0.71 

5.54 

5.73 

2.92 

Blacknose Shark ............................................................................

Smoothhound Shark ......................................................................

0.98 

0.75 

2.92 

1.91 

No Region ................................................... Shark Research Fishery (Aggregated LCS) .................................. 0.70 9.47 

Shark Research Fishery (Sandbar only) ....................................... 0.68 9.47 

Blue shark ...................................................................................... 0.75 3.58 

Porbeagle shark * ........................................................................... 1.54 3.58 

Other Pelagic sharks ..................................................................... 1.54 3.58 

* Used other pelagic shark ex-vessel prices for porbeagle sharks ex-vessel prices since there currently are no landings of porbeagle sharks. 


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For this rule, NMFS also reviewed the 

criteria at § 635.27(b)(3) to determine 

when opening each fishery would 

provide equitable opportunities for 

fishermen, to the extent practicable, 

while also considering the ecological 

needs of the different species. The 

opening dates of the fishing season(s) 

could vary depending upon the 

available annual quota, catch rates, and 

number of fishing participants during 

the year. For the 2018 fishing season, 

NMFS is proposing to open all of the 

shark management groups on the 

effective date of the final rule for this 

action (expected to be on or about 

January 1). The direct and indirect 

economic impacts would be neutral on 

a short- and long-term basis because 

NMFS is not proposing to change the 

opening dates of these fisheries from the 

status quo. 

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

1801 et seq. 

Dated: August 15, 2017. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2017–17575 Filed 8–21–17; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 679 and 680 

[Docket No. 170412391–7391–01] 

RIN 0648–BG84 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Bering Sea and 

Aleutian Islands Management Area; 

American Fisheries Act; Bering Sea 

and Aleutian Islands Crab 

Rationalization Program 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS issues a proposed rule 

to implement Amendment 48 to the 

Fishery Management Plan for Bering 

Sea/Aleutian Islands King and Tanner 

Crabs (Crab FMP) and a regulatory 

amendment to revise regulations 

implementing the American Fisheries 

Act (AFA) Program and the Crab 

Rationalization (CR) Program. This 

proposed rule would revise how NMFS 

determines the amount of limited access 

privileges held and used by groups in 

the Western Alaska Community 

Development Quota Program (CDQ 

Program) for the purposes of managing 

the excessive share limits under the 

AFA Program and the CR Program. This 

proposed rule is necessary to align 

regulations and the Crab FMP to be 

consistent with an amendment to the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) and NMFS’ 

current method of managing excessive 

share limits for CDQ groups in the AFA 

Program and the CR Program. This 

proposed rule is intended to promote 

the goals and objectives of the 

Magnuson-Stevens Act, the Crab FMP, 

and other applicable law. 

DATES: Submit comments on or before 

September 21, 2017. 

ADDRESSES: Submit comments, 

identified by docket number NOAA– 

NMFS–2017–0038, by either of the 

following methods: 

• Federal e-Rulemaking Portal: Go to 

www.regulations.gov/#!docketDetail;D=

NOAA-NMFS-2017-0038, click the 

‘‘Comment Now!’’ icon, complete the 

required fields, and enter or attach your 

comments. 

• Mail: Submit written comments to 

Glenn Merrill, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS, Attn: 

Ellen Sebastian. Mail comments to P.O. 

Box 21668, Juneau, AK 99802–1668. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will be posted for public viewing on 

www.regulations.gov without change. 

All personal identifying information 

(e.g., name, address), confidential 

business information, or otherwise 

sensitive information submitted 

voluntarily by the sender will be 

publicly accessible. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). 

Electronic copies of Amendment 48 to 

the Crab FMP, the Regulatory Impact 

Review (RIR), and the Categorical 

Exclusion prepared for this proposed 

action are available from http://

www.regulations.gov or from the NMFS 

Alaska Region Web site at http://alaska

fisheries.noaa.gov. 

The CR Program Environmental 

Impact Statement (EIS), RIR, and Final 

Regulatory Flexibility Analysis, as well 

as the AFA Program EIS and RIR, are 

available from the NMFS Alaska Region 

Web site at http://alaska

fisheries.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Keeley Kent, 907–586–7228. 

SUPPLEMENTARY INFORMATION: 

Authority for Action 

NMFS manages the pollock fisheries 

in the exclusive economic zone (EEZ) 

off Alaska under the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (BSAI FMP). NMFS 

manages the king and Tanner crab 

fisheries in the U.S. EEZ of the Bering 

Sea and Aleutian Islands (BSAI) under 

the Crab FMP. The North Pacific Fishery 

Management Council (Council) 

prepared, and NMFS approved, the 

BSAI FMP and the Crab FMP under the 

authority of the Magnuson-Stevens Act, 

16 U.S.C. 1801 et seq. Regulations 

governing and implementing the BSAI 

FMP appear at 50 CFR parts 600 and 

679. Regulations governing and 

implementing the Crab FMP appear at 

50 CFR parts 600 and 680. 

A notice of availability for 

Amendment 48 to the Crab FMP was 

published in the Federal Register on 

August 3, 2017. Comment on 

Amendment 48 is invited through 

October 2, 2017. All relevant written 

comments received by the end of the 

comment period, whether specifically 

directed to the FMP amendment, this 

proposed rule, or both, will be 

considered in the approval/disapproval 

decision for Amendment 48 and 

addressed in the response to comments 

in the final rule. 

Background 

This proposed rule would modify 

regulations that specify how NMFS 

determines holding and use of limited 

access privileges (LAPs) for the 

purposes of managing excessive share 

limits for CDQ groups under the AFA 

Program and the CR Program. The 

Magnuson-Stevens Act requires NMFS 

to establish excessive share limits to 

prevent excessive consolidation of 

harvesting and processing LAPs in order 

to maintain an appropriate distribution 

of economic and social benefits for 

fishery participants and communities. 

NMFS has adopted regulations under its 

LAP programs to ensure that no person 

holds or uses more LAPs than 

authorized under excessive share limits 

established for each LAP program. 

Section 305(i) of the Magnuson-Stevens 

Act describes the Western Alaska 

Community Development Quota 

Program (CDQ Program) (16 U.S.C. 

1855(i)). Regulations at 50 CFR 679.2 

define the term ‘‘CDQ group’’ as an 

entity identified as eligible for the CDQ 

Program under 16 U.S.C. 1855(i)(1)(D). 


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