[Federal Register Volume 75, Number 181 (Monday, September 20, 2010)]
[Proposed Rules]
[Pages 57240-57249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23443]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 100622276-0307-02]
RIN 0648-AY98
Atlantic Highly Migratory Species; 2011 Commercial Fishing Season
and Adaptive Management Measures for the Atlantic Shark Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: This proposed rule would establish opening dates and adjust
quotas for the 2011 fishing season for sandbar sharks, non-sandbar
large coastal sharks (LCS), small coastal sharks (SCS), and pelagic
sharks. Quotas will be adjusted based on the framework established in
Amendment 2 to the 2006 Consolidated Highly Migratory Species Fishery
Management Plan, which requires adjustments for any over- and/or
underharvests experienced during the 2009 and 2010 Atlantic commercial
shark fishing seasons. In addition to establishing opening dates and
adjusting annual quotas, this proposed rule analyzes adaptive
management measures, such as various opening dates for the fishing
season as well as allowing adjustments through inseason actions in the
allowable number of fish that can be taken via trip limits, to provide
flexibility in management in furtherance of equitable fishing
opportunities to the extent practicable for commercial shark fishermen
in all regions and areas. The proposed measures could affect fishing
opportunities for commercial shark fishermen in the Atlantic and Gulf
of Mexico.
DATES: Written comments will be accepted until October 20, 2010. NMFS
will hold four public hearings on this proposed rule on September 22,
2010, in Silver Spring, MD; September 27, 2010,
[[Page 57241]]
in Tequesta, FL; October 4, 2010, in Belle Chasse, LA; and a meeting on
October 6, 2010, via conference call to receive comments from fishery
participants and other members of the public regarding this proposed
rule.
ADDRESSES: The public hearings will be held at the Crowne Plaza Hotel,
8777 Georgia Avenue, Silver Spring, MD 20910; Tequesta Branch Library,
461 Old Dixie Highway North, Tequesta, FL 33469; Belle Chasse
Auditorium, 8398 Highway 23, Belle Chasse, LA, 70037; and via
conference call at 1-800-857-3903; passcode: 2381782.
You may submit comments, identified by 0648-AY98, by any one of the
following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal at http://www.regulations.gov.
Fax: 301-713-1917, Attn: Karyl Brewster-Geisz or
Gu[yacute] DuBeck, or Jackie Wilson at 404-806-9188.
Mail: 1315 East-West Highway, Silver Spring, MD 20910.
Please mark the outside of the envelope ``Comments on the Proposed Rule
To Establish Quotas and Adaptive Management Measures for the 2011
Atlantic Shark Commercial Fishing Season.''
Instructions: No comments will be posted for public
viewing until after the comment period has closed. All comments
received are a part of the public record and generally will be posted
to http://www.regulations.gov without change. All Personal Identifying
Information (e.g., name, address) voluntarily submitted by the
commenter may be publicly accessible. Do not submit Confidential
Business Information or otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain anonymous). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz or Gu[yacute]
DuBeck by phone: 301-713-2347 or fax: 301-713-1917, or Jackie Wilson by
phone: 240-338-3936 or fax: 404-806-9188.
SUPPLEMENTARY INFORMATION:
Background
The Atlantic shark fishery is managed under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). The 2006 Consolidated HMS FMP and its amendments under
the Magnuson-Stevens Act are implemented by regulations at 50 CFR part
635.
On June 24, 2008, NMFS published a final rule (73 FR 35778,
corrected at 73 FR 40658, July 15, 2008) implementing Amendment 2 to
the 2006 Consolidated HMS FMP (Amendment 2). That final rule
established the annual quotas for sandbar sharks, non-sandbar LCS, and
pelagic sharks, and also reduced the annual base quotas for non-sandbar
LCS and sandbar sharks through December 31, 2012, to account for large
overharvests that occurred in 2007. The final rule also established a
shark research fishery that allows for the commercial harvest of
sandbar sharks; sandbar harvest is prohibited outside of the shark
research fishery. In addition, that final rule established accounting
measures for under- and overharvests and redefined the shark fishery
regions.
On June 1, 2010, NMFS published a final rule (75 FR 30484)
implementing Amendment 3 to the 2006 Consolidated HMS FMP. This rule
established, among other things, new base quotas for blacknose shark
and non-blacknose SCS fisheries.
Under Amendments 2 and 3 to the 2006 Consolidated HMS FMP, the
Atlantic shark annual quotas apply to all areas of the Atlantic Ocean,
Gulf of Mexico, and Caribbean Sea. NMFS has split the non-sandbar LCS
quota outside the research fishery between two regions, the Atlantic
and Gulf of Mexico. The boundary delineating these two regions is a
line beginning on the east coast of Florida, at the mainland, at
25[deg]20.4' N. lat. and proceeding due east. Any water and land to the
south and west of that boundary, including the Caribbean, is
considered, for the purposes of quota monitoring and setting of quotas,
to be within the Gulf of Mexico region. Any water and land to the north
and east of that boundary, for the purposes of quota monitoring and
setting of quotas, is considered to be within the Atlantic region.
As described below, in addition to establishing the adjusted annual
quotas, NMFS is also proposing several changes to the regulations
regarding flexibility in season opening dates and retention limits. The
following summarizes the current history of the program.
In Amendment 2, NMFS decreased the number of fishing seasons from
three seasons to one because of the reduced quotas that were
implemented to rebuild overfished shark stocks, prevent overfishing,
and meet the other objectives of Amendment 2. NMFS also reduced the
commercial retention limits for non-sandbar LCS and prohibited the
retention of sandbar sharks, except in a small shark research fishery.
Historically, sandbar sharks accounted for majority of the sharks
caught in the directed LCS fishery. As such, as described in Amendment
2, NMFS felt that prohibiting sandbar sharks in combination with low
retention limits for non-sandbar LCS would reduce the LCS fishery to
incidental levels. NMFS expected this incidental LCS fishery would last
year-round and provide the mid-Atlantic fishery participants the
opportunity to catch part of the non-sandbar LCS quota during the
summer months when LCS migrate northward and for shark fishermen, who
hold directed and incidental commercial shark permits, to be able to
land LCS incidentally year-round as they targeted other species in
other fisheries. However, this expectation did not happen in the 2009
or 2010 non-sandbar LCS fisheries as shark fishermen continued to
direct on non-sandbar LCS, despite the low retention limits.
In 2009, all the Atlantic commercial shark fisheries opened on
January 23, 2009 (73 FR 79005, December 24, 2008). On June 6, 2009, the
non-sandbar LCS fishery closed in the Gulf of Mexico region (74 FR
26803, June 4, 2009). In the Gulf of Mexico region, fishery
participants had limited opportunities to harvest the 2009 Gulf of
Mexico non-sandbar LCS quota due to the June 6, 2009 closure of the
non-sandbar LCS fishery. State fishermen in Louisiana were further
limited due to a state water closure from April 1-June 30.
In 2009, the non-sandbar LCS fishery in the Atlantic region closed
on July 1, 2009 (74 FR 30479, June 26, 2009). Due to this closure, and
also because of the mid-Atlantic bottom longline (BLL) closure in
federal waters from January 1-July 31; the state water closure in
Virginia, Maryland, Delaware, and New Jersey from May 15-July 15; and
the limited availability of non-sandbar LCS in northern Atlantic waters
at the beginning of the year due to migratory patterns, the fishery
participants from North Carolina and northward did not have a non-
sandbar LCS fishing season in 2009.
In 2009, NMFS received requests to consider delaying the 2010 non-
sandbar LCS fishing season until July in the Atlantic region to allow
more shark fishing opportunities in the Mid-Atlantic. NMFS delayed the
opening of the 2010 non-sandbar LCS in the Atlantic region until July
15, 2010, in order to allow for more equitably distributed shark
fishing opportunities as intended by Amendment 2. It is too early to
determine if the delay in the Atlantic region until July 15 provided
more broadly distributed opportunities to all fishermen in that region.
For the Gulf of Mexico region in 2010, the season opened on
February 4, 2010
[[Page 57242]]
(75 FR 250), and then closed six weeks later on March 17, 2010 (75 FR
12700), when the quota was taken. Because of the closure and inclement
weather in the area, many fishery participants in the region did not
have opportunities to participate in the 2010 Gulf of Mexico non-
sandbar LCS fishery.
Based on these experiences, NMFS is considering measures in a draft
environmental assessment that would provide NMFS annual flexibility to
extend all of the shark fishery seasons to provide participants from
all areas expanded opportunities to harvest a portion of the available
non-sandbar LCS shark quota in the Atlantic and Gulf of Mexico regions.
These measures would consider criteria that could be used to delay the
opening of the fishing season through the annual specifications process
as well as to adjust trip limits via inseason actions to provide
expanded access to the resource and to address ecological concerns.
This flexibility would allow NMFS to consider unanticipated events
including large scale issues (e.g., BP/Deepwater Horizon oil spill) or
small scale issues (e.g., inclement weather or slight shifts in
migratory patterns due to colder or warmer water) in order to provide
more equitable fishing opportunities across all regions to the extent
practicable.
Accounting for Under- and Overharvests
Consistent with Sec. 635.27(b)(1)(i)(A), if the available non-
sandbar LCS quota in a particular region or in the research fishery is
exceeded in any fishing season, NMFS will deduct an amount equivalent
to the overharvest(s) from the quota in that region or in the research
fishery for the following fishing season or, depending on the level of
overharvest(s), NMFS may deduct an amount equivalent to the
overharvest(s) spread over a number of subsequent fishing seasons to a
maximum of five years, in the specific region or research fishery where
the overharvest occurred. If the available quota for sandbar sharks,
blacknose sharks, non-blacknose SCS, blue sharks, porbeagle sharks, and
pelagic sharks (other than porbeagle or blue sharks) is exceeded in any
fishing season, NMFS will deduct an amount equivalent to the
overharvest(s) from the following fishing season quota or, depending on
the level of overharvest(s), NMFS may deduct an amount equivalent to
the overharvest(s) spread over a number of subsequent fishing seasons
to a maximum of five years. If the blue shark quota is exceeded, NMFS
will reduce the annual commercial quota for pelagic sharks by the
amount that the blue shark quota is exceeded prior to the start of the
next fishing year or, depending on the level of overharvest(s), deduct
an amount equivalent to the overharvest(s) spread over a number of
subsequent fishing years to a maximum of five years.
Consistent with Sec. 635.27(b)(1)(i)(B), if an annual quota for
sandbar sharks, blacknose sharks, non-blacknose SCS, blue sharks,
porbeagle sharks, or pelagic sharks (other than porbeagle or blue
sharks) is not exceeded, NMFS may adjust the annual quota depending on
the status of the stock or quota group. If the annual quota for non-
sandbar LCS is not exceeded in either region or in the research
fishery, NMFS may adjust the annual quota for that region or the
research fishery depending on the status of the stock or quota group.
If the stock/complex (e.g., sandbar sharks, porbeagle sharks, non-
sandbar LCS, blue sharks) or specific species within a quota group
(e.g., blacktip sharks within the non-sandbar LCS complex) is declared
to be overfished, to have overfishing occurring, or to have an unknown
status, NMFS will not adjust the following fishing year's quota for any
underharvest, and the following fishing year's quota will be equal to
the base annual quota (or the adjusted base quota for sandbar sharks
and non-sandbar LCS until December 31, 2012).
Currently, blacknose sharks and sandbar sharks have been determined
to be overfished with overfishing occurring. Porbeagle sharks have been
determined to be overfished. Blue sharks and pelagic sharks (other than
porbeagle or blue sharks) have an unknown stock status. Finally,
blacktip sharks in the Gulf of Mexico region were determined to not be
overfished with no overfishing occurring. However, blacktip sharks are
included in the non-sandbar LCS complex for the Atlantic and Gulf of
Mexico regions, the status of which has been determined to be unknown.
As a result, no underharvests from the 2010 Atlantic commercial shark
fishing season would be applied to the 2011 annual quotas or adjusted
base quotas of these complexes.
Thus, the 2011 proposed quotas would be equal to the base annual
quota for blacknose sharks, porbeagle sharks, blue sharks, and pelagic
sharks (other than porbeagle or blue sharks) or the adjusted base
annual quota for sandbar sharks and non-sandbar LCS, minus any
potential overharvests that occurred in the 2009 and 2010 fishing
seasons.
The non-blacknose SCS complex has been determined to not be
overfished and has no overfishing occurring; therefore, any
underharvest from the 2010 Atlantic commercial shark fishing season
would be applied to the 2011 annual quotas or adjusted base quotas.
2011 Proposed Quotas
This rule proposes minor changes to the overall adjusted base and
annual commercial quotas due to overharvests that occurred in 2009 and
2010. The proposed 2011 quotas by species and species group are
summarized in Table 1.
Based on dealer reports received as of July 31, 2010, the non-
sandbar LCS quota in the Gulf of Mexico region was exceeded during the
2010 Atlantic commercial shark fishing season. In the final rule, NMFS
will adjust the quotas based on dealer reports received as of October
31, 2010. Thus, all of the 2011 proposed quotas for the respective
shark complexes/species are subject to change if any overharvests occur
before the final rule for this action. All dealer reports that are
received by NMFS after October 31, 2010, will be used to adjust the
2012 quotas, as appropriate.
Table1--2011 Proposed 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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2010 annual Preliminary 2010 2011 Base annual 2011 Proposed Season opening
Species group Region quota landings\1\ Overharvest quota\2\ quota dates
................. (A)............. (B)............. (C) (D)............. (D-C)..........
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Non-Sandbar Large Coastal Gulf of Mexico... 390.5 (860,896 407.9 (899,896 17.4 390.5 (860,896 373.1 (822,536 On or about
Sharks. lb dw). lb dw). lb dw). lb dw). January 1,
2011.
Atlantic......... 169.7 (374,121 22.2 (49,026 lb ........... 187.8 (414,024 190.4\3\ July 15, 2011.
lb dw). dw). lb dw). (419,756 lb dw).
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Non-Sandbar LCS Research No regional 37.5 (82,673 lb 25.2 (55,487 lb ........... 37.5 (82,673 lb 37.5 (82,673 lb
Quota. quotas. dw). dw). dw). dw).
[[Page 57243]]
Sandbar Research Quota....... No regional 87.9 (193,784 lb 42.6 (93,844 lb ........... 87.9 (193,784 lb 87.9 (193,784 lb
quotas. dw). dw). dw). dw).
Non-Blacknose Small Coastal No regional 221.6 (488,539 40.0 (88,187 lb ........... 221.6 (488,539 221.6 (488,539 On or about
Sharks. quotas. lb dw). dw). lb dw). lb dw). January 1,
2011.
Blacknose Sharks.............. No regional 19.9 (43,872 lb 6.8 (15,082 lb ........... 19.9 (43,872 lb 19.9 (43,872 lb
quotas. dw). dw). dw). dw).
Blue Sharks................... No regional 273 (601,856 lb 3.4 (7,388 lb ........... 273 (601,856 lb 273 (601,856 lb
quotas. dw). dw). dw). dw).
Porbeagle Sharks.............. No regional 1.5 (3,307 lb 1.3 (2,824 lb ........... 1.7 (3,748 lb 1.7 (3,748 lb
quotas. dw). dw). dw). dw).
Pelagic Sharks Other Than No regional 488 (1,075,856 92.9 (204,750 lb ........... 488 (1,075,856 488 (1,075,856 ................
Porbeagle or Blue. quotas. lb dw). dw). lb dw). lb dw).
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\1\ Landings are from January 1, 2010, until July 31, 2010, and are subject to change.
\2\ 2010 annual base quotas for sandbar and non-sandbar LCS are the annual adjusted base quotas that are effective from July 24, 2008, until December
31, 2012 (50 CFR 635.27(b)(1)(iii) and (iv)).
\3\ NMFS intends to adjust the 2011 quota for Atlantic non-sandbar LCS to account for the 2.6 mt dw that was over estimated in the landings report in
2010 after the final rule establishing the 2010 quota published.
1. Proposed 2011 Quotas for Non-Sandbar LCS and Sandbar Sharks Within
the Shark Research Fishery
The 2011 proposed commercial quotas within the shark research
fishery are 37.5 mt dw (82,673 lb dw) for non-sandbar LCS and 87.9 mt
dw (193,784 lb dw) for sandbar sharks. This proposed rule would not
change any of the overall adjusted base commercial quotas.
Within the shark research fishery, as of July 31, 2010, preliminary
reported landings of non-sandbar LCS were at 67.1 percent (25.2 mt dw),
and sandbar shark reported landings were at 48.4 percent (42.6 mt dw).
Reported landings have not exceeded the 2010 quota to date. Therefore,
based on preliminary estimates and consistent with the current
regulations at Sec. 635.27(b)(1)(vii), NMFS is not proposing to reduce
2011 quotas in the shark research fishery based on any overharvests.
Under Sec. 635.27(b)(1)(i)(A), because individual species,
complexes, or species within a complex have been determined to be
either overfished, have overfishing occurring, overfished with
overfishing occurring, or have an unknown status, underharvests for
these species and/or complexes would not be applied to the 2011 quotas.
Therefore, NMFS proposes 2011 quotas for non-sandbar LCS and sandbar
sharks within the shark research fishery would be 37.5 mt dw (82,673 lb
dw) and 87.9 mt dw (193,784 lb dw), respectively.
2. Proposed 2011 Quotas for the Non-Sandbar LCS in the Gulf of Mexico
Region
The 2011 proposed quota for non-sandbar LCS in the Gulf of Mexico
region is 373.1 mt dw (822,536 lb dw). As of July 31, 2010, preliminary
reported landings were at 104.5 percent (407.9 mt dw) for non-sandbar
LCS in the Gulf of Mexico region. These reported landings exceed the
2010 quota by 17.4 mt dw. As such, NMFS's proposal deducts the
overharvest from the 2011 annual quota. Therefore, the 2011 proposed
quota for non-sandbar LCS in the Gulf of Mexico region is 373.1 mt dw
(822,536 lb dw) (390.5 mt dw annual base quota--17.4 mt dw of 2010
overage = 373.1 mt dw 2011 adjusted annual quota).
3. Proposed 2011 Quotas for the Non-Sandbar LCS in the Atlantic Region
The 2011 proposed quota for non-sandbar LCS in the Atlantic region
is 190.4 mt dw (419,756 lb dw). As of July 31, 2010, preliminary
reported landings were at 13.1 percent (22.2 mt dw) for non-sandbar LCS
in the Atlantic region as the commercial season opened on July 15,
2010. In the final rule establishing the 2010 quotas (75 FR 250,
January 5, 2010), NMFS accounted for an overharvest of non-sandbar LCS
of 18.1 mt dw (39,903 lb dw) using data that was reported as of October
31, 2009. Between that date and December 31, 2009, the reported
landings dropped by 2.6 mt dw. This decline is due to normal quality
control procedures that occur when updated data are supplied. As such,
in accordance with Sec. 635.27(b)(1)(i), the amount that was deducted
from the 2010 annual quota, based on preliminary numbers that were
later corrected, would be added to the proposed 2011 non-sandbar LCS
quota in the Atlantic region. Thus, the 2011 proposed commercial non-
sandbar LCS quota would be 190.4 mt dw (419,756 lb dw) (187.8 mt dw
annual base quota + 2.6 mt dw 2009 over estimated landings = 190.4 mt
dw 2011 adjusted annual quota).
4. Proposed 2011 Quotas for SCS and Pelagic Sharks
The 2011 proposed annual commercial quotas for non-blacknose SCS,
blacknose sharks, blue sharks, porbeagle sharks, and pelagic sharks
(other than porbeagle or blue sharks) are 221.6 mt dw (488,539 lb dw),
19.9 mt dw (43,872 lb dw), 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 31, 2010, preliminary reported landings of non-blacknose
SCS, blacknose sharks, blue sharks, porbeagle sharks, and pelagic
sharks (other than porbeagle and blue sharks) were at 18 percent (40 mt
dw), 34.4 percent (6.8 mt dw), 1.2 percent (3.4 mt dw), 85 percent (1.3
mt dw), and 19 percent (92.9 mt dw), respectively. These landings are
within the available quotas at this time. As described above, while
NMFS may adjust quotas for underharvests depending on stock status,
NMFS will always adjust quotas for overharvests.
Non-blacknose SCS have not been declared to be overfished, to have
overfishing occurring, or to have an unknown status. As such, any
underharvests for the non-blacknose SCS would be applied to the 2011
quotas.
All the other SCS or pelagic species are considered overfished, to
have overfishing occurring, or to have an unknown status. Therefore,
the 2011 proposed quotas would be the base annual quotas for non-
blacknose SCS, blacknose sharks, blue sharks, porbeagle
[[Page 57244]]
sharks, and pelagic sharks (other than blue and porbeagle sharks)
(221.6 mt dw (488,539 lb dw), 19.9 mt dw (43,872 lb dw), 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).
Proposed Adaptive Management Measures
Under the current regulations, the Atlantic shark commercial
fishing seasons for each species or species complex is anticipated to
open on or about January 1 of each year, and continue year-round. In
recent years, the quota for some of the shark species groups and
regions has lasted only a short period of time instead lasting year-
round as expected under Amendment 2. For example, in the Atlantic
region in 2009, the non-sandbar LCS quota lasted for approximately six
months, and in the Gulf of Mexico in 2010, the non-sandbar LCS quota
was taken within six weeks.
One approach to the proposed adaptive management measures in the
environmental assessment would be to maintain the status quo approach
to establishing trip limits (33 non-sandbar LCS/trip) as well as
consider alternatives to allow inseason flexibility regarding trip
limits in order to extend fishing opportunities year-round. This
approach would either maintain the current 33 non-sandbar LCS trip
limits (sub-alternative 1A) or consider reductions in the trip limits
to help ensure the fishing season extends throughout the year (sub-
alternatives 1B and 1C).
A second approach would be to allow flexibility in the opening of
the season for Atlantic shark fisheries through the annual
specifications process and inseason actions to adjust shark trip limits
in either region to provide expanded opportunities for constituents
across the fishery, as is the intent of Amendment 2. In addition,
having such flexibility would help NMFS respond throughout the
management region to any future unanticipated large and small scale
events.
This second approach was also analyzed in Amendment 2; however, as
described in Amendment 2, NMFS did not select this approach at that
time because NMFS felt that fishermen would fish for non-sandbar LCS in
an incidental manner. As described earlier, after Amendment 2,
fishermen continued to direct on non-sandbar LCS. Neither approach
would alter the objectives in the 2006 Consolidated HMS FMP or its
Amendments. Rather, these two approaches look at different ways of
maintaining the shark fishery given rebuilding plans and other
management measures, such as time/area closures, that were designed to
rebuild overfished stocks, prevent overfishing, and provide
opportunities to fish for some shark species, as appropriate. Neither
approach would change the overall quota, the rebuilding plan, time/area
closures, or other management measures. Only the opening dates and
retention limits would change under these approaches. Thus, the main
differences between the approaches are how fast and at what time of
year the quota will be taken. In considering these approaches, NMFS
analyzed several alternatives in the environmental assessment.
Sub-alternative 1A, the no action alternative, would maintain the
existing regulations for the current trip limits established in the
2006 Consolidated HMS FMP and its amendments. The Atlantic shark
commercial fishing season for each species or species complex would be
anticipated to open on or about January 1 of each year and continue
until the fishery is closed. Additionally, over- or underharvests in a
given fishing year would be accounted for in the following year
depending on the status of the species.
Sub-alternative 1B would allow NMFS to modify the non-sandbar LCS
trip limit through an inseason action, if needed, to extend the fishing
season in the Gulf of Mexico region if the available quota is being
harvested at a rate that would not ensure a reasonable season length.
The trip limit could be reduced from the current trip limit established
under Amendment 2 to the 2006 Consolidated HMS FMP down to zero non-
sandbar LCS per trip based on the amount of remaining quota and the
time left in a given fishing season. NMFS' decision to reduce the trip
limit, and to what extent it would be reduced, would be based on the
criteria discussed under sub-alternative 2B.
Sub-alternative 1C would modify the non-sandbar LCS trip limit
through an inseason action, as needed, to extend the fishing season in
the Atlantic region if the available quota is being harvested at a rate
that would not allow for a reasonable season length. Similar to sub-
alternative 1B, the trip limit could be reduced and decisions to reduce
the trip limit would be based on the criteria discussed under sub-
alternative 2B.
Alternative 2, the preferred alternative, considers multiple sub-
alternatives that would revisit the current shark management structure.
These proposed management measures would allow flexibility in setting
the opening date of the Atlantic shark fisheries through the annual
specifications process and allow for more equitable fishing
opportunities for constituents across all areas. Another proposed
management measure would provide flexibility by allowing inseason
actions to make adjustments to the non-sandbar LCS trip limits in
either region to provide equitable opportunities for constituents
across the fishery, as is the intent of Amendment 2.
Sub-alternative 2A, a preferred alternative in the environmental
assessment, would establish a process and criteria for selecting the
opening dates of the shark fisheries through the annual specifications
process in the Atlantic and Gulf of Mexico regions. This alternative
presumes that the quotas for some fisheries, such as the non-sandbar
LCS fisheries, would not last the entire fishing year given that the
fishing behavior has changed since the implementation of Amendment 2.
This alternative would provide additional flexibility to ensure the
fisheries open at times beneficial for fishermen while also considering
the ecological needs of the different species. Consistent with current
practice, NMFS would establish the yearly shark quotas and announce the
opening of the fishing season through annual rulemaking with notice and
public comment at the beginning of each fishing season. Under this
alternative, NMFS would consider the following criteria and other
relevant factors in establishing the opening dates:
1. The available annual quotas for the current fishing season for
the different species/complexes 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/complexes in the Atlantic and
Gulf of Mexico regions from the previous years;
3. Length of the season for the different species/complexes 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/complexes 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/complexes
quotas;
6. Effects of the adjustment on accomplishing the objectives of the
2006 Consolidated HMS FMP and its amendments; and/or
[[Page 57245]]
7. Effects of a delayed opening with regard to fishing
opportunities in other fisheries.
Sub-alternative 2B, a preferred alternative in the environmental
assessment, would provide NMFS the ability to adjust the trip limits
via inseason actions based on certain criteria. This alternative
presumes that the quotas for some fisheries, such as the non-sandbar
LCS fisheries, would not last the entire fishing year given that the
fishing behavior has changed since the implementation of Amendment 2
and builds in flexibility to try to extend the availability of the
quota. The goal of the alternative is to lengthen the season to
provide, to the extent practicable, equitable opportunities across the
fishing management region while also considering the ecological needs
of the different species. The criteria NMFS would consider in making
adjustments via inseason actions to trip limits in either the Atlantic
or Gulf of Mexico regions would be the following:
1. The amount of remaining shark quota in the relevant area or
region, to date, based on dealer reports;
2. The catch rates of the relevant shark species/complexes, to
date, based on dealer reports;
3. Estimated date of fishery closure based on when the landings are
projected to reach 80 percent of the quota given the realized catch
rates;
4. Effects of the adjustment on accomplishing the objectives of the
2006 Consolidated HMS FMP and its amendments;
5. Variations in seasonal distribution, abundance, or migratory
patterns of the relevant shark species based on scientific and fishery-
based knowledge; and/or,
6. 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 relevant quota.
For the 2011 Atlantic commercial shark fishing season, NMFS does
not propose to change the trip limit when the season opens. Currently,
the trip limits are 33 non-sandbar LCS per trip for shark directed
permit holders and 3 non-sandbar LCS per trip for shark incidental
permit holders. Under sub-alternative 2B, NMFS could later modify the
trip limits through an inseason action with five days' advance notice
from filing of such a change.
Proposed Fishing Season Notification for the 2011 Atlantic Commercial
Shark Fishing Season
Based on the proposed criteria and processes described above, NMFS
proposes that the 2011 Atlantic commercial shark fishing season for the
shark research, non-sandbar LCS in the Gulf of Mexico region, non-
blacknose SCS, blacknose sharks, blue sharks, porbeagle sharks, and
pelagic sharks (other than porbeagle and blue sharks) in the
northwestern Atlantic Ocean, including the Gulf of Mexico and the
Caribbean Sea, would open on the effective date of the final rule for
this action. NMFS proposes to open the Atlantic non-sandbar LCS fishery
on July 15, 2011. The delay in the Atlantic non-sandbar LCS fishery
would provide, to the extent practicable, equitable opportunities
across the fishing management region while also considering the
ecological needs of the different species. Without delaying the opening
date, based on catch rates from 2009, the south Atlantic fishermen
would likely catch the regional quota before the sharks could migrate
to the north Atlantic area.
All of the shark fisheries would remain open until December 31,
2011, unless NMFS determines that the fishing season landings for
sandbar shark, non-sandbar LCS, blacknose sharks, non-blacknose SCS,
blue sharks, porbeagle sharks, or pelagic sharks (other than porbeagle
or blue sharks) have reached, or are projected to reach, 80 percent of
the available quota. At that time, consistent with Sec. 635.28(b)(1),
NMFS will file for publication with the Office of the Federal Register
a notice of closure for that shark species group 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 a
notice in the Federal Register, that additional quota is available, the
fishery for the shark species group and, for non-sandbar LCS, region
would remain closed, even across fishing years, consistent with Sec.
635.28(b)(2).
Request for Comments
Comments on this proposed rule may be submitted via http://www.regulations.gov, mail, or fax. Comments may also be submitted at a
public hearing (see Public Hearings and Special Accommodations below).
NMFS solicits comments on this proposed rule by October 20, 2010 (see
DATES and ADDRESSES). NMFS will hold four public hearings for this
proposed rule. These hearings will be physically accessible to people
with disabilities. Requests for sign language interpretation or other
auxiliary aids should be directed to Gu[yacute] DuBeck at (301) 713-
2347 or Jackie Wilson at (240) 338-3936 at least 7 days prior to the
hearing date. The public is reminded that NMFS expects participants at
the public hearings to conduct themselves appropriately. At the
beginning of each public hearing, a representative of NMFS will explain
the ground rules (e.g., alcohol is prohibited from the hearing room;
attendees will be called to give their comments in the order in which
they registered to speak; each attendee will have an equal amount of
time to speak; and attendees should not interrupt one another). The
NMFS representative will attempt to structure the meeting so that all
attending members of the public will be able to comment, if they so
choose, regardless of the controversial nature of the subject(s).
Attendees are expected to respect the ground rules, and, if they do
not, they will be asked to leave the hearing.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that the proposed rule is
consistent with the 2006 Consolidated HMS FMP and its amendments, other
provisions of the MSA, and other applicable law, subject to further
consideration after public comment.
NMFS prepared an environmental assessment for this rule that
discusses the impact on the environment as a result of this rule. In
this proposed action, NMFS is considering adding flexibility to shark
management measures by analyzing criteria that would allow for delays
to the start of the different shark species/complex fishing seasons
each year as well as allow for inseason adjustments to the shark trip
limits, as appropriate, to extend the fishing season, as necessary.
These measures are meant to provide, to the extent practicable,
equitable opportunities across the fishing management region while also
considering the ecological needs of the different species. A copy of
the environmental assessment is available from NMFS (see ADDRESSES).
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
An initial regulatory flexibility analysis (IRFA) was prepared, as
required by section 603 of the RFA (RFA). The IRFA describes the
economic impact this proposed rule, if adopted, would have on small
entities. A description of the action, why it is being considered, and
the legal basis for this action are contained at the beginning of this
section in the preamble and in the SUMMARY section of the preamble. A
summary of the analysis follows. A copy of this analysis
[[Page 57246]]
is available from NMFS (see ADDRESSES).
In compliance with section 603(b)(1) of the Regulatory Flexibility
Act, the purpose of this proposed rulemaking is, consistent with the
Magnuson-Stevens Act and the 2006 Consolidated HMS FMP and its
amendments, to adjust the 2011 proposed quotas for non-sandbar LCS,
sandbar sharks, blacknose sharks, non-blacknose SCS, blue sharks,
porbeagle sharks, or pelagic sharks (other than porbeagle or blue
sharks) based on overharvests from the previous fishing year. An
additional purpose is to provide flexibility in the regulations to
allow for a delay in the opening of the fishing season, and allow
inseason adjustments in the trip limits to slow the fishery down during
the season, as necessary. This flexibility is intended to provide, to
the extent practicable, equitable opportunities across the fishing
management region while also considering the ecological needs of the
different species.
In compliance with section 603(b)(2) of the Regulatory Flexibility
Act, the objectives of this proposed rulemaking are to: (1) Adjust the
annual quotas for non-sandbar LCS in the Atlantic region due to
overestimations in the final rule in 2010 and non-sandbar LCS in the
Gulf of Mexico region due to minor overharvests in 2010; (2) create new
criteria and a process for selecting the opening dates of the shark
fisheries in the Atlantic and Gulf of Mexico regions; and (3) adjust
the trip limits inseason for non-sandbar LCS based on certain criteria
and processes.
Section 603(b)(3) requires Federal agencies to provide an estimate
of the number of small entities to which the rule would apply. NMFS
considers all HMS permit holders to be small entities because they
either had average annual receipts less than $4.0 million for fish-
harvesting, average annual receipts less than $6.5 million for charter/
party boats, 100 or fewer employees for wholesale dealers, or 500 or
fewer employees for seafood processors. These are the Small Business
Administration (SBA) size standards for defining a small versus large
business entity in this industry.
The commercial shark fishery is comprised of fishermen who hold a
shark directed or incidental limited access permits (LAP) and the
related industries including processors, bait houses, and equipment
suppliers, all of which NMFS considers to be small entities according
to the size standards set by the SBA. The proposed rule would apply to
the approximately 221 directed commercial shark permit holders, 2782
incidental commercial shark permit holders, and 105 commercial shark
dealers as of November 5, 2009.
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, domestic laws, and other 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. NMFS does not believe that the new regulations proposed
to be implemented would duplicate, overlap, or conflict with any
relevant regulations, Federal or otherwise.
Under section 603(c), agencies are required to describe any
alternatives to the proposed rule which accomplish the stated
objectives and which minimize any significant economic impacts. These
impacts are discussed below and in the Environmental Assessment for the
proposed action. 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. 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 Magnuson-Stevens Act and the Endangered Species Act (ESA), NMFS
cannot exempt small entities or change the reporting requirements only
for small entities. Thus, there are no alternatives discussed that fall
under the first and fourth categories described above. In addition,
none of the alternatives considered would result in additional
reporting or compliance requirements (category two 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. As described below, NMFS
analyzed two different main alternatives in this proposed rulemaking
with 5 sub-alternatives and provides justification for selection of the
preferred alternative to achieve the desired objective.
NMFS considered two main alternatives for the shark fishery in the
short term. One approach would be to maintain the status quo approach
to establishing trip limits (33 non-sandbar LCS/trip) as well as
consider alternatives to allow inseason flexibility regarding trip
limits in order to extend fishing opportunities year-round (alternative
1 and its sub-alternatives). The other approach would be to allow
flexibility in the opening of the season for Atlantic shark fisheries
through the annual specifications process and allow adjustments via
inseason actions to shark trip limits in either region to provide
expanded opportunities for constituents across the fishery, as is the
intent of Amendment 2 (alternative 2 and its sub-alternatives).
Under alternative 1, NMFS considered three sub-alternatives. Sub-
alternative 1A, the No Action alternative, would maintain the current
vessel trip regulations for non-sandbar LCS. This would result in no
additional impacts to small entities. Limited access directed shark
permit holders would continue to be able to land up to 33 non-sandbar
LCS per trip. On average, between 2008 and 2009, approximately 47
vessels with directed shark permits and 15 vessels with incidental
shark permits had non-sandbar LCS landings. The estimated total trip
revenue for a maximum trip of 33 sharks is estimated to be $1,920 in
the Gulf of Mexico and $1,767 in the Atlantic. However, this trip limit
as implemented has resulted in shortened fishing seasons in 2009 and
2010 due to regional non-sandbar LCS quotas being filled before the end
of the fishing year. Fishermen in some areas, such as the north
Atlantic, were not able to harvest a portion of the 2009 non-sandbar
LCS quota as intended in Amendment 2 because the quota was harvested
before sharks migrated to northern waters in the Atlantic in 2009. As
such, sub-alternative 1A is not likely to meet the objective of this
proposed rule to provide fishery participants an equal opportunity to
the extent practicable to harvest the full shark quotas.
Sub-alternative 1B would establish a new non-sandbar LCS trip limit
that would extend the fishing season in the Gulf of Mexico region based
on remaining quota and time left in the fishing season. On average
between 2008 and 2009, approximately 20
[[Page 57247]]
vessels with directed shark permits and 4 vessels with incidental shark
permits had non-sandbar LCS landings in the Gulf of Mexico region. The
direct economic impacts to shark fishermen in the Gulf of Mexico region
would depend on the reduction in the trip limit. Approximately 81
percent of the Gulf of Mexico trips retained 29 or fewer non-sandbar
LCS per trip. Therefore, for a majority of trips, NMFS anticipates that
a reduction in the trip limit from 33 non-sandbar LCS to 29 non-sandbar
LCS would have a neutral impact on fishermen as fishing and business
practices are not anticipated to change due to such a reduction.
Reducing the trip limit from 33 non-sandbar LCS to 29 non-sandbar LCS
would potentially reduce the maximum revenue per trip by an average of
$233 per trip in the Gulf of Mexico. This estimate is based on the
average non-sandbar shark weight and 2009 median ex-vessel prices for
non-sandbar LCS and shark fin in the Gulf of Mexico region.
Approximately 18 percent may lose additional gross revenues on a per
trip basis as they were landing more than 33 non-sandbar LCS according
to Coastal Fisheries data. In addition, on average, vessels in the Gulf
of Mexico region retained 21 non-sandbar LCS per trip; however, the
average trip landing numbers of non-sandbar LCS varied by month. If the
trip limit were reduced to 21 non-sandbar LCS per trip, this could
reduce gross revenues per trip from $1,920 to $1,222. While, on
average, fishermen may only retain 21 non-sandbar LCS, such a reduction
would preclude fishermen from being able to keep additional sharks (up
to 33 non-sandbar LCS per trip). Therefore, such a reduction may change
how they fish. It may also result in additional trips within a day to
make up for lost individual trip revenues, which could result in higher
fuel costs, longer fishing days, and increased time away from home. All
of these factors are expected to result in negative economic impacts in
the short term.
Reducing the trip limit to below 21 non-sandbar LCS per trip would
be expected to result in economic impacts as it would further reduce
gross revenues for shark fishermen on a trip basis. The reduction in
gross revenues would range from $756 to $1,920 for a trip limit of 20
to 0 non-sandbar LCS, respectively. The lowest average number of non-
sandbar LCS retained was 11 non-sandbar LCS per trip during the month
of September, which equates to $640 in gross revenues per trip. Such
reductions in the trip limits could translate into fishermen making
multiple trips within a day to make up for lost individual trip
revenues, which could result in higher fuel costs, longer fishing days,
and increased time away from home. However, NMFS anticipates that at
some reduced trip limit level, directed shark fishermen would stop
targeting sharks because it would no longer be economically viable. At
this point, NMFS expects that shark fishermen would target other
species and retain sharks incidentally as anticipated under Amendment 2
and, therefore, the economic impacts in terms of changes in fishing
practices and diversifying fishing effort toward other species to make
up for lost shark revenues would be the same as described in Amendment
2.
Sub-alternative 1C would establish a new non-sandbar LCS trip limit
that would extend the fishing season in the Atlantic region based on
remaining quota and time left in the fishing season. On average between
2008 and 2009, approximately 27 vessels with directed shark permits and
11 vessels with incidental shark permits had non-sandbar LCS landings
in the Atlantic region. The direct impacts to shark fishermen in the
Atlantic region would depend on the reduction in the trip limit. As
explained above, approximately 81 percent of the Atlantic trips
retained 27 or fewer non-sandbar LCS per trip. Therefore, for a
majority of the trips, NMFS anticipates that a reduction in the trip
limit from the 33 non-sandbar LCS to 27 non-sandbar LCS would have
minimal economic impacts on fishermen as fishing and business practices
would not be anticipated to change with such a reduction. Approximately
11 percent may lose additional gross revenues on a trip basis as they
were landing more than 33 non-sandbar LCS according to Coastal
Fisheries data. In addition, on average, vessels in the Atlantic region
retained 13 non-sandbar LCS per trip; however, the average trip landing
numbers of non-sandbar LCS varied by month. If the trip limit was
reduced to 13 non-sandbar LCS per trip, this could reduce potential
gross revenues per trip from $1,767 to $696. However, on average,
fishermen did not retain 33 non-sandbar LCS per trip during any month
of the year. In addition, during 6 of the 12 months fishermen retained
fewer than the overall monthly average retention of 13 non-sandbar LCS
per trip. Therefore, such a reduction in the trip limit is only
anticipated to have minor adverse direct economic impacts to fishermen
in the short term; long term impacts are not anticipated as these
reductions would not be permanent.
Reducing the trip limit below 13 non-sandbar LCS per trip would be
expected to result in moderate adverse direct economic impacts as it
would most likely reduce gross revenues for shark fishermen in the
short term. Fishermen would be expected to stop fishing for sharks as
it would no longer be profitable. The reduction in gross revenues would
range from $1,125 to $1,767 for 12 to 0 non-sandbar LCS per trip,
respectively. The lowest average number of non-sandbar LCS retained was
8 non-sandbar LCS per trip during the month of June, which equates to
$428 in gross revenues per trip. These reductions in the trip limits
could translate into fishermen making multiple trips within a day to
make up for lost individual trip revenues, which could result in higher
fuel costs, longer fishing days, and increased time away from home.
However, NMFS anticipates that at some reduced trip limit level,
directed shark fishermen would stop targeting sharks because it would
no longer be economically viable. At this point, NMFS expects that
shark fishermen would target other species and retain sharks
incidentally as anticipated under Amendment 2, and therefore, the
socioeconomic impacts in terms of changes in fishing practices and
diversifying fishing effort toward other species to make up for lost
shark revenues would be the same as described in Amendment 2.
Under alternative 2, the preferred alternative, NMFS considered two
sub-alternatives. Sub-alternative 2A would establish new opening dates
for the shark fisheries through the annual specifications process in
the Atlantic and Gulf of Mexico regions based on certain criteria and
processes. Sub-alternative 2A could potentially affect the 221 directed
and 282 incidental shark permit holders along with the 105 shark
dealers. NMFS plans to review the criteria on an annual basis to
determine when to open each fishery at equitable and beneficial times
for fishermen while also considering the ecological needs of the
different species. The opening of the fishing season could vary based
on the available annual quota, catch rates, and number of fishing
participants during the year. For the 2011 fishing season, NMFS is
proposing to open the shark research, non-sandbar LCS in the Gulf of
Mexico region, blacknose shark, non-blacknose SCS, and pelagic shark
fisheries on the effective date of the final rule for this action. The
direct and indirect socioeconomic impacts would be neutral on a short
and long-term basis, because NMFS is proposing not to change the
opening dates of these
[[Page 57248]]
fisheries from the status quo. NMFS is proposing to delay the opening
of the non-sandbar LCS in the Atlantic region until July 15, 2011,
which would be the same opening date as 2010 fishing season. The delay
in the Atlantic non-sandbar LCS fishing season would result in short-
and long-term, direct, minor, adverse socioeconomic impacts as
fishermen would have to fish in other fisheries to make up for lost
non-sandbar LCS revenues at the beginning of the 2011 fishing season.
The short and long-term effects for delaying the season would cause
indirect, minor, adverse socioeconomic impacts on shark dealers and
other entities that deal with shark products as they may have to
diversify during the beginning of the season when non-sandbar LCS shark
products would not be available. This would be most prevalent in areas
of the southeast Atlantic where non-sandbar LCS are available early in
the fishing season. The delay in the non-sandbar LCS fishing season
could cause changes in ex-vessel prices. In 2009, the median ex-vessel
price of LCS meat in January was approximately $0.25 per pound dressed
weight in the Gulf of Mexico and $0.45 in the South Atlantic region,
while the median ex-vessel price in July of 2008 was $0.45 in the Gulf
of Mexico and $0.75 in the South Atlantic. The median ex-vessel price
for shark fins in January was $17.00 per pound in the Gulf of Mexico
and $16.00 in the South Atlantic. When the LCS fishery opens in July,
the average price for fins would be approximately $14.00 per pound in
the Gulf of Mexico and $12.00 per pound in the South Atlantic based on
2008 prices. Since the north Atlantic had a very limited 2009 non-
sandbar LCS fishing season, the ex-vessel prices for 2008 were used for
the comparison.
In the north Atlantic, the delayed opening for the non-sandbar LCS
would have direct, minor, beneficial socioeconomic impacts in the short
and long-term for fishermen as they would have access to the non-
sandbar LCS quota in 2011. Fishermen in the North Atlantic did not have
or had limited access to the non-sandbar LCS quota in 2009. There would
be indirect, minor, beneficial socioeconomic impacts in the short and
long-term for shark dealers and other entities that deal with shark
products in this area as they would also have access to non-sandbar LCS
products in 2011. Thus, delaying the non-sandbar LCS seasons under the
preferred alternative would cause neutral cumulative socioeconomic
impacts, since it would allow for a more equitable distribution of the
quotas among constituents in this region, which was the original intent
of Amendment 2.
Sub-alternative 2B would establish new inseason trip limit
adjustment criteria for the Gulf of Mexico and Atlantic regions. Sub-
alternative 2B would allow NMFS to adjust the trip limit through
inseason actions, but would not adjust the overall shark quotas for the
GOM and Atlantic regions. This sub-alternative is anticipated to have
direct and indirect, short-term, neutral socioeconomic impacts in the
GOM and Atlantic regions, because changing the trip limits inseason
would not limit the overall harvest of sharks, but would provide the
mechanism to modify the harvest spatially and temporally to allow
equitable access to the resource. Directed fishing on sharks would
continue as long as the trip limit is high enough to make it
economically viable. Since the implementation of Amendment 2 directed
shark fishing trips land, on average, 21 non-sandbar LCS in the GOM
region, and 13 non-sandbar LCS in the Atlantic region. NMFS has not
been able to determine at what trip limit directed fishing for non-
sandbar LCS would not be economically viable, as directed non-sandbar
LCS fishing trips have continued at lower landings than the annual
averages during certain months. Different trip limit levels have been
further analyzed in alternatives 1B and 1C, and the socioeconomic
impacts associated with the range of trip limits are described above
under sub-alternatives 1B and 1C. Trip limits set at levels too low for
fishermen to continue targeting non-sandbar LCS would likely lead to
shifts in effort to other fisheries, similar to effort shifts
experienced during closures of the non-sandbar LCS fishery in 2009 and
2010. The criteria for changing trip limits inseason takes into account
opportunities for equitable access to fishermen throughout the
respective regions and ecological considerations of the stocks, but
would not restrict or reduce the current quota. If trip limits are set
in a manner that is beneficial to the ecological needs of the different
shark species their populations may increase in the long-term, which
could allow for increased quota levels in the future. Therefore, minor,
beneficial long-term direct, indirect, and cumulative socioeconomic
impacts may occur.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations, Imports,
Penalties, Reporting and recordkeeping requirements, Treaties.
Dated: September 15, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For reasons set out in the preamble, 50 CFR part 635 is proposed to
be amended as follows:
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES
1. The authority citation for part 635 continues to read as
follows:
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
2. In Sec. 635.24, paragraph (a)(8) is added to read as follows:
Sec. 635.24 Commercial retention limits for sharks and swordfish.
* * * * *
(a) * * *
(8) Inseason trip limit adjustment criteria. NMFS will file with
the Office of the Federal Register for publication notification of any
inseason adjustments to trip limits. Before making any adjustment, NMFS
will consider the following criteria and other relevant factors:
(i) The amount of remaining shark quota in the relevant area or
region, to date, based on dealer reports;
(ii) The catch rates of the relevant shark species/complexes, to
date, based on dealer reports;
(iii) Estimated date of fishery closure based on when the landings
are projected to reach 80 percent of the quota given the realized catch
rates;
(iv) Effects of the adjustment on accomplishing the objectives of
the 2006 Consolidated HMS FMP and its amendments;
(v) Variations in seasonal distribution, abundance, or migratory
patterns of the relevant shark species based on scientific and fishery-
based knowledge; and/or,
(vi) 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 relevant quota.
* * * * *
3. In Sec. 635.27:
A. Paragraphs (b)(1)(ii) through (b)(1)(vi) are redesignated as
paragraphs (b)(1)(iii) through (b)(1)(vii), respectively.
B. Paragraph (b)(1)(ii) is added to read as follows:
Sec. 635.27 Quotas.
* * * * *
(b) * * *
(1) * * *
(ii) Opening fishing season criteria. NMFS will file with the
Office of the
[[Page 57249]]
Federal Register for publication notification of the opening dates of
the shark fishery for each species/complex. Before making any
decisions, NMFS would consider the following criteria and other
relevant factors in establishing the opening dates:
(A) The available annual quotas for the current fishing season for
the different species/complexes based on any over- and/or underharvests
experienced during the previous commercial shark fishing seasons;
(B) Estimated season length based on available quota(s) and average
weekly catch rates of different species/complexes in the Atlantic and
Gulf of Mexico regions from the previous years;
(C) Length of the season for the different species/complexes in the
previous years and whether fishermen were able to participate in the
fishery in those years;
(D) Variations in seasonal distribution, abundance, or migratory
patterns of the different species/complexes based on scientific and
fishery information;
(E) 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/complexes
quotas;
(F) Effects of the adjustment on accomplishing the objectives of
the 2006 Consolidated HMS FMP and its amendments; and/or,
(G) Effects of a delayed opening with regard to fishing
opportunities in other fisheries.
* * * * *
[FR Doc. 2010-23443 Filed 9-17-10; 8:45 am]
BILLING CODE 3510-22-P