[Federal Register Volume 75, Number 51 (Wednesday, March 17, 2010)]
[Rules and Regulations]
[Pages 12700-12701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5818]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
RIN 0648-XU90
Atlantic Highly Migratory Species; Inseason Action to Close the
Commercial Gulf of Mexico Non-Sandbar Large Coastal Shark Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Fishery closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is closing the commercial fishery for non-sandbar large
coastal sharks (LCS) in the Gulf of Mexico region. This action is
necessary because the quota for the 2010 fishing season is projected to
have reached at least 80 percent of the available quota.
DATES: The commercial non-sandbar LCS fishery is closed effective
11:30 p.m. local time March 17, 2010, until and if NMFS announces, via
publication in the Federal Register that additional quota is available
and the season is reopened.
FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz or Gu DuBeck,
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)(2), when NMFS projects that
fishing season landings for a specific shark quota have reached or are
about to reach 80 percent of the available quota, NMFS will file for
publication with the Office of the Federal Register a notice of closure
for that shark species group that will be effective no fewer than 5
days from the date of filing. From the effective date and time of the
closure until NMFS announces, via a notice in the Federal Register,
that additional quota is available and the season is reopened, the
fishery for that specific quota is closed, even across fishing years.
On January 5, 2010 (75 FR 250), NMFS announced that the non-sandbar
LCS fishery for the Gulf of Mexico region for the 2010 fishing year
would open on February 4 and the available non-sandbar LCS quota would
be 390.5 metric tons (mt) dressed weight (dw) (860,896 lb dw). Dealer
reports through the February 28, 2010, reporting period indicate that
216 mt dw or 55 percent of the available quota for non-sandbar LCS has
been taken. All dealer reports through that reporting period are not
expected to be received by NMFS until March 10, 2010. Dealer reports
received
[[Page 12701]]
to date indicate that 22 percent of the quota was taken from the
opening of the fishery on February 4, 2010, through February 15, 2010,
and an additional 33 percent of the quota was taken from February 15,
2010, though February 28, 2010. Based on the rate of fishing effort
indicated by these preliminary dealer reports in February, NMFS expects
that an additional 34 percent of the quota likely will be taken from
March 1 through March 15, 2010. Based on this calculation, the fishery
likely will reach 89 percent of the quota, which exceeds the 80-percent
limit specified in the regulations. Accordingly, NMFS is closing the
commercial non-sandbar LCS fishery in the Gulf of Mexico region as of
11:30 p.m. local time March 17, 2010. All other shark fisheries remain
open.
At Sec. 635.27(b)(1)(ii), the boundary between the Gulf of Mexico
region and the Atlantic region is defined as a line beginning on the
East Coast of Florida at the mainland at 25[deg]20.4' N. lat,
proceeding due east. Any water and land to the south and west of that
boundary is considered, for the purposes of quota monitoring and
setting of quotas, to be within the Gulf of Mexico region.
During the closure, retention of non-sandbar LCS sharks in the Gulf
of Mexico region is prohibited for persons fishing aboard vessels
issued a commercial shark limited access permit under 50 CFR 635.4,
unless the vessel is 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)), or if the vessel possesses a valid
shark research permit under Sec. 635.32 and a NMFS-approved observer
is onboard. A shark dealer issued a permit pursuant to Sec. 635.4 may
not purchase or receive non-sandbar LCS in the Gulf of Mexico region
from a vessel issued an Atlantic Shark Limited Access Permit (LAP),
except that a permitted shark dealer or processor may possess non-
sandbar LCS that were harvested, off-loaded, and sold, traded, or
bartered, prior to the effective date of the closure and were held in
storage. However, a permitted shark dealer or processor may possess
non-sandbar LCS that were harvested by a vessel issued a valid shark
research fishery permit per Sec. 635.32 with a NMFS-approved observer
onboard during the trip the sharks were taken on as long as the non-
sandbar shark research fishery remains open. Under this closure, a
shark dealer issued a permit pursuant to Sec. 635.4 may, in accordance
with state regulations, purchase or receive a non-sandbar LCS in the
Gulf of Mexico region if the sharks were harvested, off-loaded, and
sold, traded, or bartered from a vessel that fishes only in state
waters and that has not been issued an Atlantic Shark LAP, HMS Angling
permit, or HMS Charter/Headboat permit pursuant to Sec. 635.4.
Classification
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for
Fisheries, NOAA (AA), finds that providing for prior notice and public
comment for this action is impracticable and contrary to the public
interest because the fishery is currently underway, and any delay in
this action would cause overharvest of the quota and be inconsistent
with management requirements and objectives. Similarly, affording prior
notice and opportunity for public comment on this action is contrary to
the public interest because if the quota is exceeded, the affected
public is likely to experience reductions in the available quota and a
lack of fishing opportunities in future seasons. Thus, for these
reasons, the AA also finds good cause to waive the 30-day delay in
effective date pursuant to 5 U.S.C. 553 (d)(3). This action is required
under Sec. 635.28(b)(2) and is exempt from review under Executive
Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 11, 2010.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2010-5818 Filed 3-12-10; 8:45 am]
BILLING CODE 3510-22-S