[Federal Register Volume 75, Number 211 (Tuesday, November 2, 2010)]
[Rules and Regulations]
[Pages 67251-67252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27658]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
RIN 0648-XZ95
Atlantic Highly Migratory Species; Inseason Action To Close the
Commercial Blacknose Shark and Non-Blacknose Small Coastal Shark
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notification of fishery closure.
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SUMMARY: NMFS is closing the commercial blacknose shark and non-
blacknose small coastal shark (SCS) fisheries. This action is necessary
because landings for the 2010 blacknose shark fishing season are
projected to have reached at least 80 percent of the available quota.
DATES: The commercial fisheries for blacknose shark and non-blacknose
SCS are closed effective 11:30 p.m. local time November 2, 2010 until,
and if, NMFS announces, via a notice in the Federal Register that
additional quota is available and the season is reopened.
FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz or Peter Cooper,
301-713-2347; (fax) 301-713-1917.
SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed
under the 2006 Consolidated Atlantic Highly Migratory Species (HMS)
Fishery Management Plan (FMP), its amendments, and its implementing
regulations found at 50 CFR part 635 issued under authority of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.).
Under Sec. 635.5(b)(1), shark dealers are required to report to
NMFS all sharks landed every two weeks. Dealer reports for fish
received between the 1st and 15th of any month must be received by NMFS
by the 25th of that month. Dealer reports for fish received between the
16th and the end of any month must be received by NMFS by the 10th of
the following month. Under Sec. 635.28(b)(3), when NMFS projects that
fishing season landings for either blacknose shark or non-blacknose SCS
quota have reached or are projected to reach 80 percent of the
available quota within a given fishing season, NMFS will file for
publication with the Office of the Federal Register a notice of closure
for the entire SCS fishery, including both the blacknose and non-
blacknose SCS fisheries, that will be effective no fewer than 5 days
from the date of filing. From the effective date and time of the
closure until NMFS announces, via a notice in the Federal Register,
that additional quota is available and the season is reopened, the
fishery for that species group is closed, even across fishing years.
On June 1, 2010 (75 FR 30484), NMFS announced the final rule for
Amendment 3 to the Consolidated Atlantic Highly Migratory Species (HMS)
Fishery Management Plan (FMP), which, among other things, established
quotas and opening dates for the 2010 blacknose shark and non-blacknose
SCS fisheries. Both the blacknose shark and non-blacknose SCS fisheries
opened on June 1, 2010, with base quotas of 19.9 metric tons (mt)
dressed weight (dw) (43,872 lb dw) and 221.6 mt dw (488,539 lb dw),
respectively. Dealer reports recently received through the September
30, 2010, reporting period indicate that 13.4 mt dw or 68 percent of
the available blacknose shark fishery quota has been landed, and that
89.1 mt dw or 40 percent of the available non-blacknose SCS fishery
quota has been landed. Dealer reports received to date indicate that 20
percent of the blacknose shark quota was landed from the opening of the
fishery on June 1, 2010, through June 30, 2010; 14.4 percent of the
quota was landed in July; 13.6 percent of the quota was landed in
August; and 20 percent of the quota was landed in September. NMFS
looked at
[[Page 67252]]
two landings projection scenarios--one that used the average landings
rate of blacknose sharks per day from the entire 2010 fishing period
(June 1 to September 30), and another that used the average blacknose
shark landings rate from the last reporting period (September 15 to
September 30)--to estimate blacknose shark landings by October 31,
2010. The projections estimate that approximately 17 and 36.9 percent
of the blacknose shark quota will be landed in October, respectively,
and that blacknose shark landings could total approximately 85 and
104.9 percent of the blacknose shark quota by October 31, 2010,
respectively.
Dealer reports received to date indicate that 9.5 percent of the
non-blacknose SCS fishery quota was landed from the opening of the
fishery on June 1, 2010, through June 30, 2010; 8.5 percent of the
quota was landed in July; 9.4 percent of the quota was landed in
August; and 12.6 percent of the quota was landed in September. NMFS
looked at two landing projection scenarios--one that used the average
landings rate of non-blacknose SCS per day from the entire 2010 fishing
period (June 1 to September 30), and another that used the average non-
blacknose SCS landings rate from the last reporting period (September
15 to September 30)--to estimate non-blacknose SCS landings by October
31, 2010. The projections estimate that approximately 10 and 13.5
percent of the non-blacknose SCS quota will be landed in October,
respectively, and that non-blacknose SCS landings could approximately
total 50 and 53.5 percent of the non-blacknose shark quota by October
31, 2010, respectively.
The projections indicate that blacknose shark landings have reached
at least 85 percent of the quota, which exceeds the 80-percent limit
specified in the regulations. Accordingly, NMFS is closing both the
commercial blacknose shark and non-blacknose SCS fisheries as of 11:30
p.m. local time November 2, 2010. This closure does not affect any
other shark fishery.
During the closure, retention of blacknose sharks and/or non-
blacknose SCS is prohibited for persons fishing aboard vessels issued a
commercial shark limited access permit (LAP) under 50 CFR 635.4, unless
the vessel is properly permitted to operate as a charter vessel or
headboat for HMS and is engaged in a for-hire trip, in which case the
recreational retention limits for sharks and ``no sale'' provisions
apply (50 CFR 635.22(a) and (c)). A shark dealer issued a permit
pursuant to Sec. 635.4 may not purchase or receive blacknose sharks
and/or non-blacknose SCS from a vessel issued an Atlantic shark LAP,
except that a permitted shark dealer or processor may possess blacknose
sharks and/or non-blacknose SCS that were harvested, off-loaded, and
sold, traded, or bartered, prior to the effective date of the closure
and were held in storage.
Classification
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for
Fisheries, NOAA (AA), finds that providing for prior notice and public
comment for this action is impracticable and contrary to the public
interest because the fishery is currently underway, and any delay in
this action would cause overharvest of the quota and be inconsistent
with management requirements and objectives. If the quota is exceeded,
the affected public is likely to experience reductions in the available
quota and a lack of fishing opportunities in future seasons. For these
reasons, the AA also finds good cause to waive the 30-day delay in
effective date pursuant to 5 U.S.C. 553 (d)(3). This action is required
under Sec. 635.28(b)(2) and is exempt from review under Executive
Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 27, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-27658 Filed 10-28-10; 4:15 pm]
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