[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Rules and Regulations]
[Pages 76302-76314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30688]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 100622276-0569-02]
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, National Oceanic and
Atmospheric Administration, Commerce.
ACTION: Final rule; fishing season notification.
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SUMMARY: This final rule establishes opening dates and adjusts quotas
for the 2011 fishing season for sandbar sharks, non-sandbar large
coastal sharks (LCS), blacknose shark, non-blacknose small coastal
shark (SCS), blue sharks, porbeagle sharks, and pelagic sharks (other
than porbeagle or blue sharks) based on any over- and/or underharvests
experienced during the 2009 and 2010 Atlantic commercial shark fishing
seasons. NMFS is taking this action to establish the 2011 adjusted
fishing quotas and to open the commercial fishing seasons for the
Atlantic sandbar shark, non-sandbar LCS, blacknose shark, non-blacknose
SCS, and pelagic shark fisheries based on over- and underharvests from
the 2009 and 2010 fishing season. This action is expected to affect
commercial shark fishermen in the Atlantic and Gulf of Mexico regions.
In addition to establishing opening dates and adjusting annual quotas,
this final rule implements adaptive management measures, including
flexible opening dates for the fishing season, as well as inseason
adjustments to shark trip limits, to provide flexibility in management
in the furtherance of equitable fishing opportunities, to the extent
practicable, for commercial shark fishermen in all regions and areas.
These actions are expected to affect
[[Page 76303]]
commercial shark fishermen in the Atlantic and Gulf of Mexico regions.
DATES: This final rule is effective January 7, 2011. The 2011 Atlantic
commercial shark fishing season for the shark research, 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,
will open on January 1, 2011. The non-sandbar LCS in the Gulf of Mexico
region will open on March 1, 2011. The non-sandbar LCS fishery in the
Atlantic region will open on July 15, 2011. Each shark species/complex
closes on December 31, 2011, or when landings reach, or are projected
to reach, 80 percent of the respective quota, whichever occurs first.
The one exception is blacknose sharks and non-blacknose SCS fisheries,
where both fisheries close when landings of either fishery reach 80
percent of the quota. The 2011 Atlantic commercial shark fishing season
and quotas are provided in Table 1 under SUPPLEMENTARY INFORMATION.
ADDRESSES: Highly Migratory Species Management Division, 1315 East-West
Highway, Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz or Guy DuBeck at
301-713-2347 or (fax) 301-713-1917, or Jackie Wilson at 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 Atlantic Highly Migratory Species
(HMS) Fishery Management Plan (FMP) and its amendments under the
Magnuson-Stevens Act are implemented by regulations at 50 CFR part 635.
On September 20, 2010, NMFS published a rule (75 FR 57240) that
proposed the 2011 opening dates of the Atlantic commercial shark
fisheries and quotas based on shark landings information as of July 31,
2010. The proposed rule also considered two main alternatives regarding
management of the shark fishery. One approach would maintain the status
quo approach to establishing trip limits (33 non-sandbar LCS/trip), as
well as consider alternatives to allow changes in shark trip limits in
order to extend fishing opportunities year-round (alternative 1 and its
sub-alternatives). The other approach (alternative 2 and its sub-
alternatives) would allow flexibility in the opening of the season for
Atlantic shark fisheries through the annual specifications process and
allow inseason actions to adjust shark trip limits in either region to
provide expanded fishing opportunities for constituents across the
fishery, as is the intent of Amendment 2 to the 2006 Consolidated HMS
FMP (Amendment 2) (73 FR 35778, June 24, 2008, corrected at 73 FR
40658, July 15, 2008). The proposed rule contained details regarding
the alternatives considered and a brief summary of the recent
management history. Those details are not repeated here. Several
comments from the public were received on the proposed rule. Those
comments, along with the Agency's responses, are provided below. As
detailed more fully in the Response to Comments section, NMFS will open
the non-sandbar LCS fishery in the Gulf of Mexico region on March 1,
2011. The other shark species/complexes will open as proposed in the
September 20, 2010, rule with non-sandbar LCS in the Atlantic region
opening on July 15, 2011, and all other shark species/complexes opening
on January 1, 2011. This final rule serves as notification of the 2011
opening dates of the Atlantic commercial shark fisheries and 2011
quotas, based on shark landings updates as of October 31, 2010,
pursuant to 50 CFR 635.27(b)(1)(vii). This action does not change the
annual base and adjusted annual base commercial quotas for sandbar
sharks, non-sandbar LCS, blue sharks, porbeagle sharks, and pelagic
sharks (other than porbeagle and blue sharks) as established under
Amendment 2 or the commercial quotas established for non-blacknose SCS
and blacknose sharks under Amendment 3 to the 2006 Consolidated HMS FMP
(Amendment 3) (75 FR 30484, June 1, 2010). Any such changes would be
performed through a separate action. Rather, this action adjusts the
commercial quotas based on over- and/or underharvests in 2009 and 2010.
Response to Comments
During the proposed rule stage, NMFS received more than a dozen
written comments from fishermen, dealers, and other interested parties.
NMFS also heard numerous comments from the fishermen and dealers who
attended the four public hearings. A summary of the comments received
during the public comment period for the September 20, 2010, proposed
rule (75 FR 57240) is shown below with NMFS' responses. All written
comments can be found at http://www.regulations.gov/ and by searching
for RIN 0648-AY98.
A. Season Opening Dates
1. Non-Sandbar LCS Comments
Comment 1: The flexibility measures under sub-alternatives 2A and
2B, which allow flexibility in the opening of the season for Atlantic
shark fisheries and adjusting of shark trip limits, look good in
theory, but the fishery needs certainties to make good business and
personal decisions.
Response: Under the preferred sub-alternatives 2A and 2B, NMFS
would still conduct annual proposed and final rulemaking to establish
the quotas and season opening dates. As part of this rulemaking,
interested parties could provide comments and have notice of the season
opening dates, as is currently the process. In addition, NMFS would
provide five days' notice of changes in shark trip limits, as is
currently done with the closing of a particular shark fishery when 80
percent of a given quota is harvested. Such a process would provide the
same amount of notice to fishermen and associated shark industries of
changes in the fishery as is currently provided. NMFS believes that
five days' notice of changes provides enough time for business
decisions while also providing NMFS with the ability and flexibility to
manage the fishery, as appropriate.
Comment 2: NMFS does not need to extend the shark fishing season
year-round since fishermen can catch other fish species the rest of the
year. The economics should be considered in this rule since it is more
economically beneficial to have a short season.
Response: NMFS acknowledges that shorter seasons may result in some
reduced trip-related expenses. A shorter season may result in less fuel
expenditures for travel, lower costs associated with changing over gear
types, and reduced crew turnover. A shorter season may reduce the at-
sea time associated with harvesting the shark quota, and, therefore,
provide fishermen with more time to pursue other fisheries. However,
there are both social and private costs potentially associated with
shorter seasons. Shorter fishing seasons often result in derby-style
fishing conditions, which can result in fishing under unsafe
conditions, such as poor weather and long hours. Derby fishing can also
result in a market glut of fish during the early part of a fishing
season when there is heavy fishing if there is insufficient demand for
the product during that short period. Furthermore, when fishing in
other fisheries, such as snapper/grouper or mackerel fisheries,
fishermen are likely to encounter sharks. If the season for sharks is
closed, those sharks
[[Page 76304]]
caught as bycatch need to be discarded, resulting in fishing
inefficiencies and increased mortality of sharks. Therefore, NMFS
prefers sub-alternatives 2A and 2B, which will provide the Agency with
the necessary flexibility to extend the fishing season either by
delaying the opening of a shark fishery and/or adjusting shark trip
limits through inseason actions to help reduce bycatch and mortality of
sharks.
In addition, NMFS could not identify patterns in ex-vessel shark
prices based on season length, but rather, found slighter higher prices
for 2010 overall compared to 2008 and 2009. NMFS compared ex-vessel
prices for non-sandbar LCS for 2008 when the fishing season was opened
for almost six months compared to 2009 and 2010 where the non-sandbar
LCS fishery was opened between 6 weeks to 22 weeks. Ex-vessel prices
for non-sandbar LCS in 2008 and 2009 were $0.45 per pound each year.
However, these prices were slightly higher for 2010 at $0.60 per pound.
In addition, the sandbar shark research fishery, which has been opened
for longer periods of time in 2008-2010, had similar prices in 2008 and
2009 ($0.35 and $0.40 per pound, respectively) but had higher prices in
2010 at $0.70 per pound.
Atlantic Region
Comment 3: NMFS should open the non-sandbar LCS fishery in the
Atlantic region in January with a trip limit of 33 sharks/trip, lower
the trip limit to 0 sharks/trip when 40 percent of the quota is
achieved, and then raise the trip limit back to 33 sharks/trip in July.
This approach would ensure available quota for fishermen along the
Atlantic coast. However, if NMFS re-creates a bi-annual season by
lowering and raising the trip limit, NMFS needs to ensure accurate and
timely reporting by dealers in order to ensure that all fishermen along
the coast have equal opportunities to fish the quota. Electronic
reporting needs to be implemented to stop delayed dealer reporting of
shark landings.
Response: NMFS considered such a scenario of creating a bi-annual
fishing season for non-sandbar LCS by lowering and raising non-sandbar
LCS trip limits to allow for a fishery at the beginning of the year yet
reserving quota for a fishery later in the year when sharks migrate to
more northern Atlantic waters. However, because of delays in dealer
reporting due to the current biweekly reporting regime for shark
dealers, and due to delays in the receipt of State landings data, NMFS
is concerned that sufficient amounts of the quota may not be available
for a fishery later in the season under the scenario described in
Comment 3. Currently, dealers are required to have landings reports
from the first through the 15th of each month received by NMFS no later
than the 25th of the month. Landings reports from the 16th through the
end of the month must be received by NMFS no later than the 10th of the
following month. Therefore, dealer reports are delayed by two weeks,
making landings data at least 10 days old by the time the Agency
receives HMS dealer reports. If the quota is being harvested at a fast
rate, then the Agency may not be able to reduce trip limits fast enough
to ensure an adequate fishery later in the season. NMFS is currently
working on an electronic dealer reporting rulemaking, which will
require more timely dealer reporting and support real-time quota
monitoring. Once this system is in place, NMFS could consider managing
the shark season as described under Comment 3.
Comment 4: Some fishermen for the Florida area and related
industries do not support the proposed July 15 opening for the non-
sandbar LCS fishery in the Atlantic region. The delay in 2010 did not
provide an equal opportunity for Florida fishermen to harvest the quota
because sharks are not available in Florida waters in July and prices
for sharks are higher in the winter than the summer. Because there are
more shark fishermen in Florida than in other regions, NMFS should not
give preference to fishermen who fish further north. However, other
fishermen from North Carolina and north support the proposed July 15
opening because it offers mid- and north Atlantic fishermen an
opportunity to harvest the quota.
Response: In 2008, 257,286 pounds (lb) dressed weight (dw) of non-
sandbar sharks were reported from July through December on HMS dealer
reports by Federally permitted dealers from the east coast of Florida.
During the same time period, 10,390 lb dw of non-sandbar LCS were
reported by dealers from North Carolina. In 2009, when the fishery was
opened during January through July, 317,050 lb dw of non-sandbar LCS
were reported by Federal dealers from the east coast of Florida whereas
4,534 lb dw of non-sandbar LCS were reported from dealers from North
Carolina. Thus, 2008 dealer reports indicate that non-sandbar LCS are
present in waters off the east coast of Florida during the July to
December timeframe. In addition, fishermen from North Carolina landed
less than half the amount of non-sandbar LCS from January through July
in 2009 compared to 2008 when the fishery was open later in the year,
and sharks migrated to more northern Atlantic waters. Preliminary data
for 2010 from July through September indicate a similar pattern to that
in 2008. Consistent with National Standard 4, NMFS must not
discriminate between residents of different States. NMFS must consider
fishing opportunities that are fair and equitable to all fishermen.
Opening the non-sandbar LCS fishery later in the year (i.e., July 15)
would allow the furtherance of equitable fishing opportunities to all
fishermen in the Atlantic region; fishermen in the south Atlantic and
north Atlantic would all have the ability to harvest a portion of the
non-sandbar LCS quota in the Atlantic region with such an opening date.
Finally, NMFS compared monthly ex-vessel prices based on data
provided on HMS dealer reports for non-sandbar LCS from 2008 through
2010 for dealers reporting from the east coast of Florida. Median ex-
vessel prices per pound ranged from $0.45-$0.75 in July through
September in 2008 and 2010 (the non-sandbar LCS fishery was not open
during this time period in 2009). From January through March, median
ex-vessel prices per pound ranged from $0.45 to $0.50 and were similar,
if not slightly lower, than summer ex-vessel prices for non-sandbar
LCS. Thus, NMFS did not find higher ex-vessel prices for non-sandbar
LCS during the winter months, suggesting that a summer/fall fishery for
non-sandbar LCS off the east coast of Florida could generate as much
revenue as a winter/spring fishery.
Comment 5: North Carolina and Florida traditional shark fisheries
are composed of different species. North Carolina was mainly a sandbar
shark fishery while Florida was mainly a blacktip shark fishery. NMFS
should manage the fishery based on the traditional fisheries and not
take away the winter non-sandbar LCS fishery from Florida fishermen.
Response: While average landing reports from 2003 to 2007 indicate
that more blacktip sharks were reported, on average, from the east
coast of Florida compared to North Carolina (263,405 lb dw versus
14,878 lb dw of blacktip sharks), dealers from the east coast of
Florida reported higher average landings of sandbar sharks compared to
dealers in North Carolina (309,640 lb dw versus 232,132 lb dw of
sandbar sharks). Thus, the east coast of Florida had a substantial
traditional sandbar shark fishery before the implementation of
Amendment 2 to the Consolidated HMS FMP. In addition, blacktip sharks,
which are currently allowed to be retained in the commercial fishery,
unlike sandbar sharks, are not as prevalent in the beginning of the
year
[[Page 76305]]
off North Carolina based on HMS dealer reports (142 lb dw of blacktip
sharks from January through March). This information indicates a
fishery for this species later in the year is appropriate to allow for
a more equitable opportunity for all fishermen in the Atlantic region
to harvest a portion of the non-sandbar LCS quota, consistent with
National Standard 4.
Comment 6: Making Florida fishermen fish for sharks in the summer
presents a safety-at-sea issue as it is dangerous in the Florida summer
heat to have to process the sharks twice by removing fins once the
sharks are offloaded and having to lift heavy sharks that cannot be cut
in half.
Response: NMFS disagrees that opening the non-sandbar LCS fishery
in July in the Atlantic region presents a safety-at-sea issue; NMFS has
considered National Standard 10, regarding promoting the safety of
human life at sea, to the extent practicable, when considering the
opening dates of the shark fishing seasons. Regulations prohibiting
shark fishermen from being able to cut, quarter, or fillet sharks while
at sea have been in effect since 1997. In addition, landings
information from HMS Dealer Form reports indicate shark fishermen have
historically landed sharks in Florida during July through September,
and the offloading of sharks with their fins naturally attached has
been in place since the 2008 Amendment 2. Therefore, having a summer
non-sandbar LCS fishery should not be a change in current fishing
practices or present any new safety-at-sea concerns. Additionally, in
both 2008 and 2010, the non-sandbar LCS summer fishery has continued
substantially into the fall (until December 31 in 2008 and to date in
2010). As such, opening the fishery on July 15 provides shark fishermen
who do not want to fish in the heat of the summer, or who fish for
other species in the summer, an opportunity to fish during the cooler
months.
Gulf of Mexico Region
Comment 7: Shark meat is easier to sell in the Gulf of Mexico
around the religious holiday of Lent. Shark dealers and fishermen in
the Gulf of Mexico supported sub-alternative 2A to allow for
flexibility in the opening of the commercial fishing season so that the
opening dates could be around Lent each year.
Response: Consistent with National Standard 4, NMFS must not
discriminate between residents of different States. NMFS must consider
fishing opportunities that are fair and equitable to all fishermen.
Therefore, NMFS considered a season opening date that would allow the
furtherance of equitable fishing opportunities, to the extent
practicable, for commercial shark fishermen in all parts of the Gulf of
Mexico region. As such, based on comments received from fishermen and
dealers in different areas of the Gulf of Mexico requesting NMFS to
open the season at the beginning of the year, to open the season around
Lent, or to open the season around the middle of March, NMFS is opening
the non-sandbar LCS on March 1, 2011. This opening should also allow
for shark product to be available during Lent in 2011 as Lent begins on
March 9, 2011. This is a change from the opening date in the proposed
rule for this action; however, as explained in the responses to Comment
8 below, NMFS believes such an opening date would provide fishermen in
both the eastern and western Gulf of Mexico the ability to catch a
portion of the non-sandbar LCS shark quota during 2011.
Comment 8: Louisiana shark fishermen and dealers are in favor of
opening the non-sandbar LCS fishery in the Gulf of Mexico in January or
February of 2011. This would allow a winter fishery when few other
fisheries are open at that time. Opening the season during the cooler
months would be beneficial since ice is not used on vessels in that
area. NMFS should also be consistent with Louisiana State regulations
and should not open the season during the pupping season (April through
June of each year). Louisiana State shark fishermen supported opening
the non-sandbar LCS fishery the same time as it was opened in 2010
(i.e., early February) so that catch and catch rates before and after
the oil spill can be compared to determine the impact on the oil spill
on shark populations. There was also some support from Louisiana State
fishermen to open the non-sandbar LCS fishery in the Gulf of Mexico
later in the year (i.e., July) when the flow of the Mississippi river
is lower and sharks are easier to catch.
Response: Consistent with National Standard 4, NMFS must not
discriminate between residents of different States. NMFS must consider
fishing opportunities that are fair and equitable to all fishermen.
NMFS is balancing comments received from all fishermen and dealers in
the Gulf of Mexico region with regard to the opening of the non-sandbar
LCS fishery in that region. Based on comments received from fishermen
and dealers throughout the Gulf of Mexico, NMFS is opening the non-
sandbar LCS on March 1, 2011. This is a change from the opening date in
the proposed rule for this action; however, NMFS believes such an
opening date would provide fishermen in both the eastern and western
Gulf of Mexico the ability to catch a portion of the non-sandbar LCS
shark quota during 2011. This would open the fishery at the beginning
of the year when it is cooler (i.e., before the summer months) and when
other fisheries may be closed. In addition, based on how quickly the
quota was harvested in 2010 in the Gulf of Mexico region, NMFS does not
anticipate the non-sandbar LCS quota lasting until the end of the year,
so an overlap with the shark pupping season from April-June during 2011
should not be substantial. If any overlap does occur, since Louisiana
State waters are closed from April to June of each year to protect
shark pupping, overall shark fishing effort would be reduced.
Additionally, the Federal shark permit holders that would be active
during this time period would be fishing in offshore waters and not
pupping areas. Thus, NMFS does not anticipate any significant impacts
to shark populations due to fishing by Federal shark fishermen during
this time. However, an opening date of March 1, 2011, would most likely
not allow for a non-sandbar LCS fishery later in the season in the Gulf
of Mexico region. NMFS could slow the fishery down by reducing the trip
limit; however, while this action implements the criteria and authority
for NMFS to make inseason changes to shark trip limits, no changes to
the actual trip limits are being made at this time. Additionally, until
NMFS has real-time reporting from shark dealers, NMFS is concerned that
due to the delay in dealer reports, sufficient amounts of the quota may
not be available for a fishery later in the season as explained in the
response to Comment 3 above.
Comment 9: Louisiana fishermen questioned the need for equitable
opportunities to catch the quota.
Response: As explained above, in accordance with National Standard
4, NMFS must not discriminate between residents of different States.
NMFS must consider fishing opportunities that are fair and equitable to
all fishermen.
Comment 10: Louisiana Department of Wildlife and Fisheries
indicated that there were currently 600 State water shark permits with
approximately half of those permits actively participating in the shark
fishery. These fishermen derive a substantial amount of income from
shark fishing; however, the State agency claimed that the proposed rule
did not consider the impacts to Louisiana State fishermen, and stated
that NMFS should consider the impacts
[[Page 76306]]
to Louisiana State fishermen when establishing shark fishing
regulations.
Response: NMFS disagrees that the proposed rule did not consider
impacts to Louisiana State fishermen. In both the proposed rule and
this final rule, NMFS analyzed alternatives to provide equitable
fishing opportunities to the extent practicable for commercial shark
fishermen in all regions and areas. NMFS has not been able to quantify
potential impacts to State fishermen with regard to impacts of changing
trip limits as it has for Federal shark fishermen due to the lack of
Federal logbooks from State fishermen and the lack of a requirement for
dealers to have a Federal dealer permit and report landings of State
fishermen to NMFS. However, NMFS held a public hearing in Louisiana and
has taken comments from Louisiana shark fishermen into consideration on
the proposed rule and draft Environmental Assessment (EA) on the
opening of the commercial shark fishing seasons. In this rule, NMFS
balanced comments received from all participants in the Gulf of Mexico
region with regard to the opening of the non-sandbar LCS fishery in
that region. As explained in responses to Comments 7 and 8, NMFS
believes an opening date of March 1, 2011, would provide fishermen in
both the eastern and western Gulf of Mexico the ability to catch a
portion of the non-sandbar LCS shark quota during 2011. This change
also takes into consideration comments from some Louisiana fishermen
who suggested the fishery open near the religious holiday of Lent.
Comment 11: The quota would last longer if NMFS opens the non-
sandbar LCS season in the Gulf of Mexico region later in the year (such
as March 1 or March 15) because, if the season opens in January,
Louisiana vessels would primarily target sharks because there are no
other open fisheries at that time. However, NMFS should not open the
season too late in the year in the Gulf of Mexico region as there are
no sharks in the Florida Keys in July, which is part of the Gulf of
Mexico region.
Response: NMFS is balancing comments received from all fishermen
and dealers in the Gulf of Mexico region with regard to the opening of
the non-sandbar LCS fishery in that region. In Comment 8, constituents
requested that the non-sandbar LCS fishery open around Lent (i.e.,
beginning March 9, 2011) when shark product was more easily sold.
Florida-based fishermen wanted the non-sandbar LCS fishery to open at
the beginning to the middle of March in the Gulf of Mexico region,
whereas Louisiana-based fishermen wanted the non-sandbar LCS fishery to
open around January to February of 2011. Based on public comment, NMFS
is opening the non-sandbar LCS fishery on March 1, 2011. This is a
change from the opening date in the proposed rule for this action;
however, NMFS believes such an opening date would provide fishermen in
both the eastern and western Gulf of Mexico the ability to catch a
portion of the non-sandbar LCS shark quota during 2011. In addition,
NMFS has implemented criteria and flexibility in opening the commercial
shark fisheries in the future (see response to Comment 7 above).
Comment 12: Louisiana State fishermen are illegally fishing for
sharks in Federal waters without a Federal shark permit. Once this
issue is addressed, NMFS could extend the season and allow for more of
the Federal quota to be caught by Federally-permitted fishermen.
Response: Due to comments such as these during the fishing season,
NMFS Office of Law Enforcement (OLE) investigated the allegations and
intercepted one fisherman fishing without a Federal shark permit
fishing in Federal waters in 2010. If suspected illegal activities are
observed in any fishery and/or region, specific information regarding
such incidents can be reported to NMFS OLE. Anyone can report suspected
illegal activities to NMFS OLE by calling 1-800-853-1964 or by
contacting a local OLE Division Office. The location of NMFS OLE
Division Offices can be found at http://www.nmfs.noaa.gov/ole/contacts.html.
2. SCS Comments
Comment 13: NMFS should not close the SCS fishery when 80 percent
of the blacknose quota is caught. Blacknose sharks are not caught in
the north Atlantic, and closing the entire SCS fishery when the
blacknose shark quota reaches 80 percent could close down a healthy
Atlantic sharpnose shark fishery that occurs year round in North
Carolina.
Response: In the final rule of Amendment 3 to the 2006 Consolidated
HMS FMP (75 FR 30484, June 1, 2010), NMFS established new blacknose
shark and non-blacknose SCS quotas and established that both fisheries
would close when either quota reached, or was projected to reach, 80
percent. This link between quotas was implemented because the status of
the blacknose shark stock is overfished with overfishing occurring.
Thus, given the small blacknose quota, it is most likely that the
blacknose fishery would close before the non-blacknose fishery.
However, blacknose sharks could suffer additional mortality in non-
blacknose SCS fisheries as bycatch. Closing both fisheries when either
quota reached 80 percent helps ensure rebuilding of blacknose sharks.
In addition, this offers an incentive to avoid blacknose sharks and
target non-blacknose SCS so that the non-blacknose SCS fishery does not
close with quota still available. During the proposed rule for
Amendment 3, fishermen noted that they could target and avoid certain
species of small coastal sharks. In addition, unlike blacknose sharks,
any underharvest of the non-blacknose SCS quota could be added to the
following year's fishing quota, since the stock status of finetooth,
Atlantic sharpnose, and bonnethead sharks have all been determined to
be healthy. These measures maximize the opportunity to harvest the
healthy non-blacknose SCS while rebuilding and preventing overfishing
on the blacknose shark stock.
B. Trip Limit Comments
Comment 14: NMFS should not lower the trip limit to extend the
season. Anything less than 33 non-sandbar LCS per trip would shut the
fishery down since it would not be profitable for Federal fishermen.
Response: With the implementation of Amendment 2, NMFS anticipated
that setting the trip limit at 33 non-sandbar LCS would lead to non-
sandbar LCS being caught in an incidental manner in other fisheries, as
the reduced trip limit would no longer provide an economically viable
targeted fishery for non-sandbar LCS. However, an analysis of logbook
data indicates that the non-sandbar LCS fishery has harvested, on
average, less than the 33 non-sandbar LCS per trip limit. Specifically,
the Coastal Fisheries Logbook data indicate that since the
implementation of Amendment 2, the overall average number of non-
sandbar LCS landed per trip in the Gulf of Mexico and Atlantic regions
was 21 and 13, for 2008 and 2009, respectively. Additionally, NMFS is
aware that many shark fishermen continue to fish directly for large
coastal sharks, particularly during times when other fisheries are
closed. Therefore, it seems that targeted non-sandbar LCS trips have
been conducted at lower harvest levels than the current trip limit. In
this final rule, NMFS is not changing the trip limits. However, NMFS is
implementing criteria for trip limit adjustments through inseason
actions to provide fishermen more equitable access to the relevant
shark resource throughout their appropriate region.
Comment 15: Federal fishermen are concerned that the trip limit
reduction
[[Page 76307]]
would not stop the Louisiana State fishermen from continuing to harvest
a large proportion of the Gulf of Mexico quota.
Response: On March 17, 2010 (75 FR 12700), after 42 days of
fishing, NMFS closed the commercial non-sandbar LCS fishery in the Gulf
of Mexico region. Inclement weather during this time period limited
access to non-sandbar LCS by vessels fishing out of some areas of
Florida, and allowed vessels from Louisiana, which were not as
restrained by weather conditions, to continue to catch a majority of
the non-sandbar LCS quota. In this final rule, NMFS implements
regulations and criteria to lower and raise shark trip limits and allow
fishermen more equitable access to the relevant shark resource
throughout their appropriate region. Such flexibility should provide
NMFS the opportunity to allow fishermen more equitable access to the
relevant shark resource throughout their appropriate region by slowing
a fishery down, as needed, if the quota is being harvested too quickly.
However, NMFS is not implementing any changes in the shark trip limits
at this time based on public comment. NMFS is also implementing
regulations and criteria to allow flexibility in the opening dates of
the commercial Atlantic shark fishing seasons in the future. Currently,
NMFS will open the 2011 Gulf of Mexico non-sandbar LCS fishery on March
1, 2011. NMFS anticipates that delaying the 2011 season opening until
March 1, 2011, balances comments NMFS heard from constituents
throughout the Gulf of Mexico region and would provide fishermen in
both the eastern and western Gulf of Mexico the ability to catch a
portion of the non-sandbar LCS shark quota during 2011.
Comment 16: Extending the quota year-round would require NMFS to
reduce the number of participants in the Atlantic shark fisheries.
Changing the trip limits or opening dates would not change this.
Response: As described above in response to Comment 15, at this
time, the data do not provide enough information for NMFS to determine
what trip limit would allow for a year-round fishery. However, in this
rule, NMFS is implementing regulations and criteria to provide the
flexibility to change to the opening date of the shark fisheries, as
well as lower and raise shark trip limits, as necessary. Although no
changes to shark trip limits are being implemented at this time, NMFS
believes that the combination of these two regulations should provide
fishermen with more equitable access to the relevant shark resource
throughout their appropriate region, even if they do not result in a
year-round fishery. NMFS is also requesting comments on an advance
notice of proposed rulemaking (ANPR) that looks at different visions
for the future of the shark fishery and potential short- and long-term
changes to the regulations (September 20, 2010, 75 FR 57235). This ANPR
could result in a rulemaking that considers, among other things, the
number of participants in the fishery, appropriate trip limits, and the
length of the fishing seasons.
C. General Comments
Comment 17: NMFS should implement certain fishing days for sharks--
such as Mondays, Wednesdays, and Fridays--in order to lengthen the
fishing season, similar to what was done in the Atlantic bluefin tuna
fishery.
Response: NMFS is aware of the problems being faced by the non-
sandbar LCS fishery, which include short fishing seasons. To address
some of these problems, on September 20, 2010, NMFS published an ANPR
(75 FR 57235) to initiate broad public participation in considering
potential short- and long-term changes to the regulations governing the
U.S. Atlantic shark fishery. This ANPR requests comments and potential
solutions regarding ongoing issues currently affecting management of
the shark fishery, including commercial landings that exceed the
quotas, declining numbers of fishing permits since limited access was
implemented, complex regulations, ``derby'' fishing conditions due to
small quotas, and short seasons. Implementing certain fishing days to
lengthen the shark fishing season could be one of the mechanisms
considered in any rulemaking resulting from this ANPR. Comments on the
ANPR will be accepted through January 14, 2010.
Comment 18: In 2009, the non-sandbar LCS fishery in the Gulf of
Mexico was closed before the quota was reached without applying any
underharvest, but NMFS is planning to take away overharvest in 2010.
All of the quota underharvest and overharvest should be equally
applied.
Response: The stock status for the non-sandbar LCS fishery is
currently unknown. Under the regulations implemented in Amendment 2,
NMFS does not transfer underharvest to the next fishing year for
species whose stock status is unknown, overfished, or if overfishing is
occurring. Not applying underharvest increases the likelihood that
these stocks rebuild in a timely manner. However, NMFS transfers
underharvest up to 50 percent of the base quota to the next fishing
year for species whose stock status is not unknown, not overfished, or
overfishing is not occurring. In addition, NMFS subtracts overharvests
from the next fishing year for all species/complexes in order to ensure
rebuilding plans are being met and fisheries remain sustainable.
Comment 19: NMFS should stop all shark fishing.
Response: This comment is outside the scope of this rulemaking. The
purpose of this rulemaking is to adjust quotas based on over- and
underharvests from the previous year and opening dates for the 2011
shark season. These quotas were established to rebuild overfished
stocks, prevent overfishing, and obtain optimum yield and were based on
the best available science, per the requirements of the Magnuson-
Stevens Act. The final rule and accompanying documents do not reanalyze
the overall management measures for sharks, which was done in Amendment
2 and Amendment 3, and is being reviewed again through the ANPR process
described above.
Comment 20: NMFS needs to consider a balance between the interests
of Florida and North Carolina along with the rest of the Atlantic
States. NMFS should consider a north and south Atlantic region and/or
bi-annual seasons.
Response: NMFS implemented one fishing season and separate regions
for the non-sandbar LCS fishery in the Gulf of Mexico and Atlantic in
Amendment 2. The Agency preferred measures consistent with the 2006 LCS
stock assessment by maintaining two regions: A Gulf of Mexico and
Atlantic region. Maintaining two regions has several advantages,
including: It adheres to the stock assessment for blacktip sharks,
which assessed this species separately in the Gulf of Mexico and
Atlantic; it accounts for overharvests that occur in the Gulf of Mexico
and Atlantic more equitably; it allows for unique quotas to be
implemented in each region that account for different species
composition in each region; and, maintains the flexibility to implement
unique regulations in the Gulf of Mexico and Atlantic Ocean.
The shark fishery has traditionally been managed on a calendar
year, and NMFS prefers to maintain this practice. As implemented in
Amendment 2, NMFS has one shark fishing season, starting January 1 of
each year. Opening on this date is more likely to overlap with open
seasons for other BLL and gillnet fisheries and provide for fishermen a
full calendar year to harvest available quota. Nonetheless, NMFS is
reviewing different visions for the future of the shark fishery through
an ANPR
[[Page 76308]]
process (see the response to comment 18). Changing regional boundaries
could be one of the mechanisms considered in any rulemaking resulting
from this ANPR.
Comment 21: Non-sandbar LCS quota from the shark research fishery
should be given to the Gulf of Mexico region.
Response: Consistent with Amendment 2, underharvest of the shark
research non-sandbar LCS fishery quota is not transferable to the Gulf
of Mexico region. NMFS established a separate non-sandbar LCS and
sandbar shark quota in the sandbar shark research fishery under
Amendment 2. The sandbar shark research fishery allows for the
collection of fishery-dependent data for future stock assessments while
also allowing NMFS and commercial fishermen to conduct cooperative
research to meet the shark research objectives for the Agency. The
shark research fishery maintains time series data for stock
assessments. The separate quotas allow each fishery to continue even if
the non-sandbar LCS quota outside the research fishery is fulfilled.
The research fishery itself continues until both the sandbar and non-
sandbar LCS landings reach 80 percent of the quotas established for the
research fishery (i.e., if the non-sandbar LCS landings within the
research fishery reached 80 percent of the quota, non-sandbar LCS
retention in the research fishery ends, but sandbar sharks continue to
be retained until that sandbar shark landings reached 80 percent of the
sandbar quota). Transferring quota from the research fishery to the
non-research shark fisheries could undermine the research objectives
and the reason for the research fishery.
Comment 22: NMFS needs to increase both the quota and trip limit.
Response: NMFS implemented the current quotas and trip limits based
on the latest NMFS-conducted stock assessments for blacknose, blacktip,
dusky, and sandbar sharks, and the LCS complex, which represent the
best available science by independent peer reviewers. The current quota
and trip limits are consistent with rebuilding targets established in
the latest shark stock assessments. Any changes in quotas would be
based on new, future stock assessments. Implementing sub-alternative 2B
would allow NMFS to adjust the trip limits (0-33 sharks per trip) via
inseason actions based on certain criteria and process. This
alternative anticipates that the quotas for some fisheries, such as the
non-sandbar LCS fisheries, would not last the entire fishing year 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, furtherance of equitable fishing opportunities
for commercial shark fishermen in all regions and areas while also
considering the ecological needs of the different species. Recently,
NMFS announced an ANPR (75 FR 57235, September 20, 2010) to gather
public participation in considering potential short- and long-term
changes to the regulations governing the U.S. Atlantic shark fishery.
One such change could be to increasing the trip limits.
Comment 23: Fishermen fishing in the mid-Atlantic closed area
cannot keep spinner or silky sharks caught on pelagic longline (PLL)
gear due to the indicator species list in the regulations. The
indicator species list needs to be re-visited.
Response: The purpose of this rulemaking is to adjust quotas and
opening dates for the 2011 shark season. The final rule is not
reanalyzing the overall management measures in the 2006 Consolidated
HMS FMP. In the 2006 Consolidated HMS FMP, NMFS establish a 5 percent
limit (by weight) on the allowable amount of pelagic ``indicator''
species that bottom longline vessels may possess or land from PLL
closed areas, and establish a 5 percent limit (by weight) on the
allowable amount of ``indicator'' demersal species that PLL vessels may
possess or land from BLL closed areas (as measured relative to the
total weight of all ``indicator'' species). The establishment of
quantifiable species-based criteria to differentiate between PLL and
BLL fishing gear in closed areas should help to eliminate ambiguities,
because PLL gear would logically be expected to capture pelagic species
and vice-versa. The indicator species list improves the monitoring and
effectiveness of, and compliance with, HMS closed areas. Recently, NMFS
initiated an ANPR (75 FR 57235, September 20, 2010), to gather public
participation in considering potential short- and long-term changes to
the regulations governing the U.S. Atlantic shark fishery. This comment
can be addressed during the ANPR.
Changes From the Proposed Rule
NMFS made several changes to the proposed rule as described below.
1. NMFS changed the opening date of the non-sandbar LCS fishery in
the Gulf of Mexico in the final rule from on or about January 1 to
March 1, 2010. This change is being made to address public comment and
in accordance with the criteria and process being finalized in this
rule under sub-alternative 2A. Specifically, in the proposed rule, NMFS
proposed to open the non-sandbar LCS in the Gulf of Mexico region on
the effective date of the final rule. As described in the response to
comments above, NMFS received many public comments from fishermen and
dealers regarding a change in the opening date for the Gulf of Mexico
non-sandbar LCS fishery. These comments suggested changing the opening
date to around the religious holiday of Lent (i.e., beginning March 9,
2011) when shark products are said to be more marketable, in the
beginning to the middle of March of 2011 to have a more equitable
opportunity to harvest the non-sandbar LCS quota, and around the same
time as it did in 2010 (i.e., February). After reviewing these comments
and the criteria being finalized in this rule under sub-alternative 2A,
NMFS decided to delay the opening of the non-sandbar LCS fishery in the
Gulf of Mexico region until March 1, 2011. Delaying the opening of the
non-sandbar LCS fishery in the Gulf of Mexico region balances the
comments received from all constituents in the Gulf of Mexico region
and should provide further equitable shark fishing opportunities to all
participants in the Gulf of Mexico region, consistent with National
Standard 4.
2. NMFS made changes in the final quotas of the Gulf of Mexico non-
sandbar LCS, non-blacknose SCS, and porbeagle shark fisheries based on
landings updates through October 31, 2010. At the time the proposed
rule published, shark landings updates (through July 31, 2010)
indicated that the commercial Gulf of Mexico non-sandbar LCS quota had
been exceeded by 17.4 metric tons (mt) dw during the 2010 commercial
shark fishing season. Since then, additional landings have been
reported, which have the effect of reducing the final quota by a total
of 38.6 mt dw. Also, landing reports indicated that, in 2010, the non-
blacknose SCS fishery was underharvested by 92.9 mt dw and the
porbeagle shark fishery was overharvested by 0.1 mt dw.
3. NMFS changed the names of the sub-alternative 1B (establish a
new non-sandbar LCS trip limit that would extend the fishing season in
the Gulf of Mexico region) and sub-alternative 1C (establish a new non-
sandbar LCS trip limit that would extend the fishing season in the
Atlantic region) to better describe the original intent of the
alternative. Also, NMFS clarified that the changes to the trip limit
would occur at the beginning of the fishing season, and would remain
static for the
[[Page 76309]]
remainder of that season, to help ensure quotas last the whole year.
2011 Annual Quotas
This final rule adjusts the commercial quotas due to over- and/or
underharvests in 2009 and 2010. The 2011 annual quotas by species and
species group are summarized in Table 1. All dealer reports that are
received by NMFS after October 31, 2010, will be used to adjust the
2012 quotas, as appropriate.
Table 1--2011 Annual Quotas and Opening Dates for the Atlantic Shark Fisheries
[All quotas and landings are dressed weight (dw), in metric tons (mt), unless specified otherwise]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Preliminary 2010 Overharvest/ 2011 Base annual
Species group Region 2010 Annual quota landings \1\ underharvest quota \2\ 2011 Quota Season opening dates
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(A)................. (B)................. (C)................ (D)................ (D+C)..............
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Non-Sandbar Large Coastal Sharks. Gulf of Mexico...... 390.5 (860,896 lb 429.1 (946,052 lb -38.6 (-85,156 lb 390.5 (860,896 lb 351.9 (775,740 lb March 1, 2011.
dw). dw). dw). dw). dw).
Atlantic............ 169.7 (374,121 lb 142 (312,952 lb dw). ................... 187.8 (414,024 lb 190.4 \3\ (419,756 July 15, 2011.
dw). dw). lb dw).
Non-Sandbar LCS Research Quota... No Regional Quotas.. 37.5 (82,673 lb dw). 33.3 (73,471 lb dw). ................... 37.5 (82,673 lb dw) 37.5 (82,673 lb dw) January 1, 2011.
Sandbar Research Quota........... .................... 87.9 (193,784 lb dw) 53.8 (118,599 lb dw) ................... 87.9 (193,784 lb 87.9 (193,784 lb ............................
dw). dw).
Non-Blacknose Small Coastal .................... 221.6 (488,539 lb 128.7 (283,821 lb 92.9 (204,718 lb 221.6 (488,539 lb 314.4 (693,257 lb ............................
Sharks. dw). dw). dw). dw). dw).
Blacknose Sharks................. .................... 19.9 (43,872 lb dw). 14.5 (31,981 lb dw). ................... 19.9 (43,872 lb dw) 19.9 (43,872 lb dw) ............................
Blue Sharks...................... .................... 273 (601,856 lb dw). 3.5 (7,700 lb dw)... ................... 273 (601,856 lb dw) 273 (601,856 lb dw) ............................
Porbeagle Sharks................. .................... 1.5 (3,307 lb dw)... 1.6 (3,576 lb dw)... -0.1 (-269 lb dw).. 1.7 (3,748 lb dw).. 1.6 (3,479 lb dw).. ............................
Pelagic Sharks Other Than No Regional Quotas.. 488 (1,075,856 lb 116.5 (256,800 lb ................... 488 (1,075,856 lb 488 (1,075,856 lb January 1, 2011.
Porbeagle or Blue. dw). dw). dw). dw).
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Landings are from January 1, 2010, until October 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. 2011 Quotas for Non-Sandbar LCS and Sandbar Sharks Within the Shark
Research Fishery
Since no overharvests of the non-sandbar LCS and sandbar shark
quotas within the shark research fishery occurred during the 2010
fishing year, pursuant to Sec. 635.27(b)(1)(iii), the 2011 adjusted
base annual quotas within the shark research fishery will be 37.5 mt dw
(82,673 lb dw) for non-sandbar LCS and 87.9 mt dw (193,784 lb dw) for
sandbar sharks.
2. 2011 Quotas for the Non-Sandbar LCS in the Gulf of Mexico Region
Since an overharvest of 38.6 mt dw for the non-sandbar LCS quota
for the Gulf of Mexico region occurred during the 2010 fishing year,
pursuant to Sec. 635.27(b)(1)(i)(A), the 2011 adjusted base annual
quota for non-sandbar LCS in the Gulf of Mexico region will be 351.9 mt
dw (775,740 lb dw).
3. 2011 Quotas for the Non-Sandbar LCS in the Atlantic Region
The 2011 annual quota for non-sandbar LCS in the Atlantic region is
190.4 mt dw (419,756 lb dw). 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 were
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, will be added to the 2011 non-
sandbar LCS quota in the Atlantic region. Thus, the 2011 annual
commercial non-sandbar LCS quota will be 190.4 mt dw (419,756 lb dw)
(187.8 mt dw annual base quota + 2.6 mt dw 2009 overestimated landings
= 190.4 mt dw 2011 adjusted annual quota).
4. 2011 Quotas for SCS and Pelagic Sharks
Since no overharvests of blue sharks and pelagic sharks other than
porbeagle or blue sharks occurred during the 2010 fishing year,
pursuant to Sec. 635.27(b)(1)(v), the 2010 annual base quotas for blue
sharks and pelagic sharks other than porbeagle or blue sharks will be
273 mt dw (601,856 lb dw) and 488 mt dw (1,075,856 lb dw),
respectively. NMFS does not apply underharvest to any of the pelagic
sharks.
Since the 2010 underharvest of the non-blacknose SCS complex was
92.9 mt dw, pursuant to Sec. 635.27(b)(1)(i)(B), that amount will be
applied to the 2011 quota. The 2011 adjusted base annual quota for non-
blacknose SCS will be 314.4 mt dw (693,257 lb dw).
Since an overharvest of 0.1 mt dw for the porbeagle shark quota
occurred during the 2010 fishing year, pursuant
[[Page 76310]]
to Sec. 635.27(b)(1)(i)(A), the 2011 adjusted base annual quota for
porbeagle sharks will be 1.6 mt dw (3,479 lb dw).
Fishing Season Notification for the 2010 Atlantic Commercial Shark
Fishing Season
Based on the criteria and processes described in sub-alternative 2A
in the final EA and public comment, the 2011 Atlantic commercial shark
fishing season for the shark research, 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, will open on
January 1, 2011. The non-sandbar LCS in the Gulf of Mexico region will
open on March 1, 2010. The non-sandbar LCS fishery in the Atlantic
region will open on July 15, 2010.
All of the shark fisheries will remain open until December 31,
2011, unless NMFS determines that the fishing season landings for
sandbar shark, non-sandbar LCS, blacknose, non-blacknose SCS, blue
sharks, porbeagle sharks, or pelagic sharks (other than porbeagle or
blue sharks) has reached, or is projected to reach, 80 percent of the
available quota. At that time, consistent with 50 CFR 635.27(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 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, if any, is
available, the fishery for the shark species group and, for non-sandbar
LCS, region will remain closed, even across fishing years, consistent
with 50 CFR 635.28(b)(2). As a reminder, the blacknose and non-
blacknose SCS fisheries will close together when landings reach 80
percent of either quota.
Classification
NMFS has determined that this action is consistent with the
Magnuson-Stevens Act, including the national standards, and other
applicable law.
Pursuant to 5 U.S.C. 553(d)(3), the Assistant Administrator (AA)
for Fisheries has determined that there is good cause to waive the 30-
day delay in effective date for the pelagic shark, shark research,
blacknose shark, and non-blacknose small coastal shark fisheries as
such a delay would be contrary to the public interest. Providing a 30-
day delay in effectiveness for the opening of the pelagic shark, shark
research, blacknose shark, and non-blacknose small coastal shark
fisheries would be contrary to the public interest due to the negative
economic impact on fisherman and on the fishery resource, and the
diminished opportunity for collection of scientific data needed to
manage the fisheries.
Allowing for a delay in the effectiveness of this rule, which would
result in the closure of the pelagic shark fishery from January 1,
2011, until the effective date of this rule, could be detrimental to
the management of these species because it may lead to the discard of
any sharks caught by this fishery. In addition, discarding sharks could
result in lost ex-vessel revenue for fishermen. In the case of the
pelagic shark fishery (which includes blue, shortfin mako, porbeagle,
common thresher, and oceanic whitetip sharks), this fishery is
conducted as a bycatch fishery by those fishermen targeting other
species such as swordfish, yellowfin tuna, and bigeye tuna. This
incidental fishery continues throughout the year with no closure date
anticipated in the FMP. If the provisions in this rule are not made
effective on January, 1, 2011, there would be a break in the continuity
of this fishery, which would force the fishermen to discard, dead or
alive, any pelagic sharks that are caught. Such discards would not be
counted against the commercial quota, which could negatively affect
certain species such as porbeagle sharks, which has a limited quota and
is closely monitored to ensure it is not exceeded. Under the rebuilding
plan for porbeagle sharks, NMFS established a total allowable catch
(TAC) of 11.3 mt dw based on current commercial landings of 1.7 mt dw,
current commercial discards of 9.5 mt dw, and current recreational
landings of 0.1 mt dw. As described in previous documents, estimating
dead discards accurately is more difficult than accounting for
landings. Landing fish, rather than discarding them dead, helps NMFS
monitor the TAC properly in order to rebuild the porbeagle shark.
Opening the fishery would ensure that any mortality associated with
landings would be counted against the quota.
Regarding the shark research fishery, NMFS selects a small number
of fishermen to participate in the shark research fishery each year for
the purpose of providing NMFS biological and catch data to better
manage the Atlantic shark fisheries. All the trips and catches in this
fishery are monitored with 100 percent observer coverage. Specifically,
the shark research fishery allows for the collection of fishery-
dependent data for future stock assessments, including specific
biological and other data that are priorities for improving future
stock assessments, and allows NMFS and commercial fishermen to conduct
cooperative research to meet the shark research objectives for NMFS.
Some of the shark research objectives include collecting reproductive
and age data, monitoring size distribution, and tagging studies. The
information collected in early January could be used for future stock
assessments. Delaying the opening of the shark research fishery would
not allow NMFS the ability to maintain the time-series of abundance for
shark species or collect vital biological and regional data. Preventing
NMFS from conducting the necessary research trips could hinder the
collection of scientific data and limit the ability of NMFS to manage
the shark fisheries, which would be contrary to the public good.
Regarding the blacknose shark and non-blacknose SCS fisheries,
these fisheries have both a directed component, where fishermen target
SCS, and an incidental component, where the fish are caught and--when
the fishery is open--landed by fishermen targeting other species such
as Spanish mackerel and bluefish. The incidental fishery catches SCS
throughout the year. Delaying this action to allow for a 30-day delay
in effectiveness would force all fishermen to discard, dead or alive,
any SCS that are caught before this rule becomes effective. Such
discards would not be counted against the commercial quota. Opening the
fishery on January 1, 2011, would ensure that any mortality associated
with landings would be counted against the quota. If these SCS
fisheries did not open until the effective date of this rule, which is
expected to be after January 1, 2011, the closure of the blacknose
shark and non-blacknose SCS fisheries would occur during the time
period when SCS fishermen typically fish for SCS species, and
therefore, fishermen would experience negative economic impacts that
would continue until the fisheries are opened. Additionally, fishermen
who catch SCS incidental to their target catch would also experience
negative economic impacts. For these reasons, the AA finds good cause
to waive the 30-day delay in effectiveness.
NMFS prepared a final EA for this rule that discusses the impact on
the human environment as a result of this rule. In this final action,
NMFS is adding flexibility to shark management measures by establishing
criteria that would allow for delays to the opening date of the
different shark species/complex fisheries each year as well as
[[Page 76311]]
allow for inseason adjustments to the shark trip limits, as
appropriate, to extend the fishing season, as necessary. These measures
are consistent with National Standard 4, which NMFS must not
discriminate between residents of different States. Also, NMFS must
consider fishing opportunities that are fair and equitable to all
fishermen. A copy of the EA is available from NMFS (see ADDRESSES).
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
In compliance with section 604 of the Regulatory Flexibility Act
(RFA), NMFS has prepared a Final Regulatory Flexibility Analysis (FRFA)
for this final rule, which analyzed the impacts of adding flexibility
to shark management measures and adjustments to the non-sandbar LCS,
non-blacknose SCS, and porbeagle quotas based on over- and/or
underharvests from the previous fishing season. The FRFA analyzes the
anticipated economic impacts of the final actions and any significant
economic impacts on small entities. A summary of the FRFA is below. The
full FRFA and analysis of social and economic impacts are available
from NMFS (see ADDRESSES).
In compliance with section 604(a)(1) of the Regulatory Flexibility
Act, the purpose of this final rulemaking is, consistent with the
Magnuson-Stevens Act, to adjust the 2011 proposed quotas for non-
sandbar LCS, sandbar sharks, non-blacknose SCS, blacknose sharks, blue
sharks, porbeagle sharks, and pelagic sharks (other than porbeagle or
blue sharks) based on over- and/or underharvests from the previous
fishing year. These adjustments are being implemented according to the
regulations implemented for the 2006 Consolidated HMS FMP and its
Amendments. Thus, NMFS would expect few, if any, economic impacts to
fishermen other than those already analyzed in the 2006 Consolidated
HMS FMP and its amendments. 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. While there
are some direct negative economic impacts associated with the measures,
NMFS is delaying the 2011 non-sandbar LCS shark fishery season in the
Gulf of Mexico and Atlantic regions to allow for a more equitable
distribution of the available quotas among constituents. A delay in the
opening of the season in the Gulf of Mexico region until March 1, 2011,
could potentially result in minor economic impacts to fishermen who
would have to fish in other fisheries to make up for lost non-sandbar
LCS revenues during January and February, while shark dealers and other
entities that deal with shark products would experience minor economic
impacts as they may have to diversify during the beginning of the
season. A delay in the opening of the season in the Atlantic region
until July 15, 2011, would potentially result in minor economic impacts
to shark fishermen who would have fished earlier in the season, such as
in the southeast Atlantic where sharks are available early in the
fishing season. These shark fishermen would be able to fish for sharks
later in the season when the sharks migrate south for the winter.
Section 604(a)(2) of the Regulatory Flexibility Act requires NMFS
to summarize significant issues raised by the public in response to the
Initial Regulatory Flexibility Analysis (IRFA), a summary of NMFS'
assessment of such issues, and a statement of any changes made as a
result of the comments. The IRFA was done as part of the draft EA for
the 2011 Atlantic Commercial Shark Season Specifications and was
summarized in the proposed rule. NMFS did not receive any comments
specific to the IRFA. However, NMFS did receive comments related to the
overall economic impacts of the proposed rule. Those comments and NMFS'
responses to them are mentioned above in the preamble for this rule.
Almost all of the comments and responses relate to the comments in 1,
2, 4, 7, 8, 10, and 14.
Section 604(a)(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 gross receipts less than $3.5 million for fish-harvesting,
gross receipts less than $6.0 million for charter/party boats, or 100
or fewer employees for wholesale dealers. 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 permit (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. As of November 2009, there were a
total of 503 commercial permit holders in the Atlantic shark fishery
(221 directed and 282 incidental permits). 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.
There were also a total of 105 Atlantic shark dealer permit holders as
of November 2009. These active fishing vessels, in addition to State-
owned fishing vessels, and shark dealers would be the small entities to
which the final rule would apply. A more detailed description of the
fisheries affected the categories and number of permit holders can be
found in Chapter 6 and Chapter 3 in the FEIS for Amendment 3.
Section 604(a)(4) of the Regulatory Flexibility Act requires NMFS
to describe the projected reporting, recordkeeping, and other
compliance requirements of the final rule, including an estimate of the
classes of small entities which would be subject to the requirements of
the report or record. None of the alternatives considered for this
final rule would result in additional reporting, recordkeeping, or
compliance requirements.
Section 604(a)(5) of the Regulatory Flexibility Act requires NMFS
to describe the steps taken to minimize the significant economic impact
on small entities consistent with the stated objectives of applicable
statutes. 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 rule, consistent with the
Magnuson-Stevens Act and the 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
[[Page 76312]]
rulemaking while, concurrently, complying with the Magnuson-Stevens
Act. As described in the proposed rule (75 FR 57240, September 20,
2010), NMFS analyzed two different main alternatives in this rulemaking
with five 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 trip limits (33 non-sandbar LCS/trip), as well as consider
alternatives to allow 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 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 (sub-alternative 2A) and adjustments via inseason actions to
shark trip limits in either region (sub-alternative 2B) to provide
expanded opportunities for constituents across the fishery. In
addition, having such flexibility would help NMFS respond throughout
the management region to any future unanticipated large and small scale
events.
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
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 the
quota was harvested before shark migrated to northern waters in the
Atlantic in 2009. As such, sub-alternative 1A is not likely to meet the
objective of this rule to provide fishery participants an equal
opportunity, to the extent practicable, to harvest the shark quotas.
Sub-alternative 1B would establish a new non-sandbar LCS trip limit
at the beginning of the shark fishing season, which would remain static
for the remainder of the fishing season, and would extend the fishing
season in the Gulf of Mexico region. On average between 2008 and 2009,
approximately 20 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
from non-sandbar LCS by on average $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 fins in the Gulf
of Mexico region. Approximately 18 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 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 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. 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,
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 opportunities on 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
at the beginning of the shark fishing season, which would remain static
for the remainder of the fishing season, and would extend the fishing
season in the Atlantic region. 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 would have minimal
economic impacts on fishermen if the trip limit were reduced from the
33 non-sandbar LCS to 27 non-sandbar LCS 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
[[Page 76313]]
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. It is expected that fishermen would 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.
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 on
other species to make up for lost shark revenues would be the same as
described in Amendment 2.
Under alternative 2, NMFS preferred 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 process. 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, described in Chapter 2 of the final EA,
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 through the annual specifications process could vary based on
the available annual quota, catch rates, and number of fishing
participants during the year. For the 2011 fishing season, NMFS would
open the shark research, blacknose shark, non-blacknose SCS, and
pelagic shark fisheries upon 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 would not change
the opening dates of these fisheries from the status quo alternative.
NMFS would also delay the opening of the non-sandbar LCS in the
Atlantic region until July 15, 2011, which would be the same opening
date as the 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 dress 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 opened in July, the average price for
fins was approximately $14.00 per pound in the Gulf of Mexico and
$12.00 per pound in the South Atlantic passed 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 a 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 the furtherance of
equitable fishing opportunities to the extent practicable for
commercial shark fishermen in all regions and areas, which was the
original intent of Amendment 2.
Based on public comment, NMFS is changing the opening date of the
non-sandbar LCS fishery in the Gulf of Mexico region in this final rule
according to the criteria and process described in sub-alternative 2A.
In the proposed rule, NMFS proposed to open the non-sandbar LCS in the
Gulf of Mexico region upon the effective date of the final rule for
this action. NMFS received public comments from fishermen and dealers
to change the opening date for the Gulf of Mexico non-sandbar LCS
fishery. The comments received supported the non-sandbar LCS fishery
opening around the religious holiday of Lent (i.e., beginning March 9,
2011) when shark products are more marketable. Florida-based fishermen
wanted the non-sandbar LCS fishery in the Gulf of Mexico region to open
in the beginning to middle of March in 2011 to have a more equitable
opportunity to harvest the non-sandbar LCS quota. However, Louisiana-
based fishermen requested that the non-sandbar LCS fishery open around
the same time as it did in 2010 (i.e., February) as many other
fisheries are closed during this time period. Based on these public
comments and a review of the criteria in sub-alternative 2A, NMFS is
delaying the opening of the non-sandbar LCS fishery in the Gulf of
Mexico region until March 1, 2011. NMFS believes delaying the opening
of the non-sandbar LCS fishery balances comments received from all
fishermen and dealers throughout that region with regard to the opening
of the non-sandbar LCS fishery and provides further equitable shark
fishing opportunities to all participants in the Gulf of Mexico region.
The delay in the Gulf of Mexico non-sandbar LCS fishing season could
result in short-term direct, minor, adverse socioeconomic impacts as
fishermen would have to fish in other fisheries to make up for lost
non-sandbar LCS revenues during January and February of the 2011
fishing season. The short-term effects for delaying the season could
cause indirect, minor, adverse socioeconomic impacts on
[[Page 76314]]
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. However, long-term
direct and indirect impacts are not anticipated as the delay would only
be two months for the 2011 fishing season. In addition, NMFS does not
anticipate that the delay would result in changes in ex-vessel prices
as 2009 median ex-vessel prices for non-sandbar LCS meat and fins in
the Gulf of Mexico region ranged from $0.25-$0.35/lb dw and $17.00 to
$15.00/lb dw, respectively, from January through March.
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 shark trip limit through
inseason actions, but would not adjust the overall shark quotas for the
Gulf of Mexico and Atlantic regions. According to Amendment 2, this
sub-alternative is anticipated to have direct and indirect, short-term,
neutral socioeconomic impact in the Gulf of Mexico and Atlantic
regions, because changing the non-sandbar LCS trip limits inseason
would not limit the overall harvest of non-sandbar LCS, but would
provide the mechanism to modify the harvest spatially and temporally to
allow furtherance of equitable fishing opportunities, to the extent
practicable, for commercial shark fishermen in all regions and areas.
Directed fishing on non-sandbar LCS or any shark species would continue
as long as the trip limit is high enough to make it economically
viable. Data described in Chapter 4 of the final EA shows that since
the implementation of Amendment 2, directed shark fishing trips land,
on average, 21 non-sandbar LCS in the Gulf of Mexico region, and 13
non-sandbar LCS in the Atlantic region. NMFS has not been able to
determine at what trip limit fishermen stop targeting non-sandbar LCS.
A range of trip limits 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 sharks
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 the trip limits
during the season, as outlined in Chapter 2 in the final EA, takes into
account opportunities for the furtherance of equitable fishing
opportunities, to the extent practicable, for commercial shark
fishermen in all regions and areas and ecological considerations of the
relevant shark stock, 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 relevant 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 based on sub-alternative
2B in the long-term.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations, Imports,
Penalties, Reporting and recordkeeping requirements, Treaties.
Dated: December 1, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
For reasons set out in the preamble, 50 CFR part 635 is amended as
follows:
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES
0
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.
0
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.
* * * * *
0
3. In Sec. 635.27:
0
A. Paragraphs (b)(1)(ii) through (b)(1)(vi) are redesignated as
paragraphs (b)(1)(iii) through (b)(1)(vii), respectively.
0
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 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. 2010-30688 Filed 12-7-10; 8:45 am]
BILLING CODE 3510-22-P