Rule2021-18289
Atlantic Highly Migratory Species; Commercial Aggregated Large Coastal Sharks, Hammerhead Sharks, and Blacktip Sharks in the Gulf of Mexico Region; Retention Limit Adjustment
Primary source
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Published
August 25, 2021
Effective
August 24, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is adjusting the commercial retention limit for directed shark limited access permit holders from 45 to 55 large coastal sharks (LCS) other than sandbar sharks per vessel per trip in the Gulf of Mexico region. In the eastern Gulf of Mexico sub-region, this applies to any shark in the aggregated LCS, hammerhead, or blacktip management groups. In the western Gulf of Mexico sub-region, because aggregated LCS and hammerhead management groups are closed, this increase applies only to the blacktip management group. The retention limit will remain at 55 LCS other than sandbar sharks through the remainder of 2021, or until NMFS announces via a notification in the Federal Register another adjustment to the retention limit or a fishery closure. This retention limit adjustment affects anyone with a directed shark limited access permit fishing for LCS in the Gulf of Mexico region.
Full Text
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<title>Federal Register, Volume 86 Issue 162 (Wednesday, August 25, 2021)</title>
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[Federal Register Volume 86, Number 162 (Wednesday, August 25, 2021)]
[Rules and Regulations]
[Pages 47395-47397]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18289]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 201124-0317; RTID 0648-XB306]
Atlantic Highly Migratory Species; Commercial Aggregated Large
Coastal Sharks, Hammerhead Sharks, and Blacktip Sharks in the Gulf of
Mexico Region; Retention Limit Adjustment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason retention limit adjustment.
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SUMMARY: NMFS is adjusting the commercial retention limit for directed
shark limited access permit holders from 45 to 55 large coastal sharks
(LCS) other than sandbar sharks per vessel per trip in the Gulf of
Mexico region. In the eastern Gulf of Mexico sub-region, this applies
to any shark in the aggregated LCS, hammerhead, or blacktip management
groups. In the western Gulf of Mexico sub-region, because aggregated
LCS and hammerhead management groups are closed, this increase applies
only to the blacktip management group. The retention limit will remain
at 55 LCS other than sandbar sharks through the remainder of 2021, or
until NMFS announces via a notification in the Federal Register another
adjustment to the retention limit or a fishery closure. This retention
limit adjustment affects anyone with a directed shark limited access
permit fishing for LCS in the Gulf of Mexico region.
[[Page 47396]]
DATES: This retention limit adjustment is effective on August 24, 2021,
through December 31, 2021, or until NMFS announces via a notification
in the Federal Register another adjustment to the retention limit or a
fishery closure, if warranted.
FOR FURTHER INFORMATION CONTACT: Lauren Latchford at 301-427-8503;
<a href="/cdn-cgi/l/email-protection#2f434e5a5d4a4101434e5b4c4749405d4b6f41404e4e01484059"><span class="__cf_email__" data-cfemail="88e4e9fdfaede6a6e4e9fcebe0eee7faecc8e6e7e9e9a6efe7fe">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Atlantic shark fishery is managed under
the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.). The 2006 Consolidated Atlantic
Highly Migratory Species (HMS) Fishery Management Plan (FMP) and its
amendments are implemented by regulations at 50 CFR part 635. The
retention limits and inseason adjustment criteria for sharks are
described in Sec. 635.24(a). The commercial shark quotas, including
the regional and sub-regional definitions, are described in section
Sec. 635.27(b).
The Atlantic shark fishery has separate regional (Gulf of Mexico
and Atlantic) quotas for all management groups except those for blue
shark, porbeagle shark, pelagic sharks (other than porbeagle or blue
sharks), and the shark research fishery. The boundary between the Gulf
of Mexico region and the Atlantic region is defined at Sec.
635.27(b)(1) 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 of that boundary is considered, for the purposes of
setting and monitoring quotas, to be within the Gulf of Mexico region.
This inseason action affects the aggregated LCS, hammerhead, and
blacktip shark management groups in the Gulf of Mexico region.
Under Sec. 635.24(a)(8), NMFS may adjust the commercial retention
limits in the shark fishery during the fishing season. Before making
any adjustment, NMFS must consider specified regulatory criteria (see
Sec. 635.24(a)(8)(i) through (vi)). After considering these criteria
as discussed below, NMFS has concluded that increasing the retention
limit in the Gulf of Mexico region will allow use of available quotas
for those groups. Therefore, NMFS is increasing retention limits for
directed shark limited access permit holders from 45 to 55 LCS other
than sandbar sharks per vessel per trip in the Gulf of Mexico region.
In the eastern Gulf of Mexico sub-region, this applies to any shark in
the aggregated LCS, hammerhead, or blacktip management groups. In the
western Gulf of Mexico sub-region, because aggregated LCS and
hammerhead management groups are closed, this increase only applies to
the blacktip management group.
NMFS considered the inseason retention limit adjustment criteria
listed at Sec. 635.24(a)(8)(i) through (vi), which include:
<bullet> The amount of remaining shark quota in the relevant
region.
Based on dealer reports through July 9, 2021, approximately 45
percent of the 85.5-metric tons (mt) dressed weight (dw) quota for
aggregated LCS and approximately 42 percent of the 13.4-mt dw quota for
the hammerhead shark management group have been harvested in the
eastern Gulf of Mexico sub-region. In addition, based on dealer reports
through July 9, 2021, approximately 23 percent of the 37.7-mt dw quota
for the eastern Gulf of Mexico sub-region blacktip and approximately 61
percent of the 347.2-mt dw quota for the western Gulf of Mexico sub-
region blacktip have been harvested. NMFS is increasing the retention
limit to 55 LCS other than sandbar sharks per vessel per trip in the
Gulf of Mexico region to facilitate the use of available quota.
<bullet> The catch rates in the relevant region.
Based on the current dealer reports, the average daily catch rates
of landings in the eastern Gulf of Mexico sub-region for species in the
aggregated LCS, hammerhead, and blacktip shark management groups, and
the western Gulf of Mexico sub-region for the blacktip shark management
group are low. Using 2021 catch rates through July 9, 2021, and
comparing to catch rates from previous years, projections indicate that
landings would not reach the quota before the end of 2021. A higher
retention limit authorized under this action will provide increased
fishing opportunities and facilitate use of available quota in the
eastern and western Gulf of Mexico sub-regions.
<bullet> The estimated date of fishery closure based on
projections.
If landings of either the aggregated LCS or hammerhead shark
management groups reach 80 percent of their respective quotas, and
those landings are projected to reach 100 percent of the quota by the
end of the year, NMFS would, as required by the regulations at Sec.
635.28(b)(3), close the eastern Gulf of Mexico sub-regional aggregated
LCS and hammerhead shark management groups since they are ``linked
quotas.'' The blacktip shark quotas in the eastern and western Gulf of
Mexico sub-regions are not linked to the aggregated LCS or hammerhead
shark sub-regional quotas. If blacktip shark landings reach, or are
projected to reach a threshold of 80 percent of the available quota and
are projected to reach 100 percent before the end of the fishing
season, NMFS would close blacktip sharks, consistent with existing
regulations. Current overall regional catch rates for aggregated LCS
and, hammerhead shark management groups in the eastern Gulf of Mexico
sub-region, and blacktip sharks in the eastern and western Gulf of
Mexico sub-regions indicate all management groups would likely remain
open for the remainder of the year. The higher retention limit should
increase the likelihood of full utilization of the respective quotas,
while also allowing these management groups to remain open for the
remainder of the year.
<bullet> The effects of the adjustment on accomplishing the
objectives of the 2006 Consolidated HMS FMP and its amendments.
Increasing the retention limit for the aggregated LCS and
hammerhead management groups in the Gulf of Mexico region from 45 to 55
LCS other than sandbar sharks per vessel per trip would continue to
allow for fishing opportunities throughout the remainder of the year
consistent with objectives established in the 2006 Consolidated HMS FMP
and would manage these groups within previously-established, science-
based quotas, consistent with requirements in relation to preventing
overfishing and rebuilding overfished stocks.
<bullet> The variations in seasonal distribution, abundance, or
migratory patterns of the relevant shark species.
The directed shark fishery in the Gulf of Mexico region is composed
of a mix of species, with a high abundance and distribution of
aggregated LCS caught in conjunction with hammerhead and blacktip
sharks. As a result, by increasing the harvest and landings on a per-
trip basis, fishermen throughout the Gulf of Mexico region will likely
experience equitable fishing opportunities and have a chance to fully
utilize the available quotas.
<bullet> The effects of catch rates in one part of a region
precluding vessels in another part of that region from having a
reasonable opportunity to harvest a portion of the relevant quota.
One of NMFS's goals for the 2021 commercial shark fishery is to
facilitate fishing opportunities throughout the fishing season in the
Gulf of Mexico region. While dealer reports indicate that, under
current catch rates, the aggregated LCS and hammerhead shark management
groups in the eastern Gulf of Mexico region and blacktip sharks in the
eastern and western Gulf of Mexico sub-regions would remain open for
the remainder of the year, the catch rates also indicate that the
quotas would
[[Page 47397]]
likely not be fully harvested under the current retention limit. If the
harvest of these species is increased through an increased retention
limit, NMFS estimates that the fishery would remain open for the
remainder of the year and fishermen would have a reasonable opportunity
to harvest a large portion of the quota.
On December 1, 2020 (85 FR 77007), NMFS announced in a final rule
that the fishery for the aggregated LCS and hammerhead shark management
groups for the eastern Gulf of Mexico sub-region would open on January
1 with a quota of 85.5 mt dw (188,593 pounds (lb) dw) and 13.3 mt dw
(29,421 lb dw), respectively, blacktip sharks in the eastern and
western Gulf of Mexico sub-regions would open on January 1 with a quota
of 37.7 mt dw (83,158 lb dw) and 347.2 mt dw (765,392 lb dw),
respectively, and a commercial retention limit of 45 LCS other than
sandbar sharks per trip for directed shark limited access permit
holders. NMFS explained that if it appeared that the quota was being
harvested too slowly, NMFS would consider increasing the retention
limit, consistent with the applicable regulatory requirements. Based on
dealer reports through July 9, 2021, approximately 45 percent of the
85.5 mt dw quota for aggregated LCS and approximately 42 percent of the
13.4 mt dw quota for the hammerhead shark management group have been
harvested in the eastern Gulf of Mexico sub-region. In addition, based
on dealer reports through July 9, 2021, approximately 23 percent of the
37.7 mt dw quota for the eastern Gulf of Mexico sub-region blacktip and
approximately 61 percent of the 347.2 mt dw quota for the western Gulf
of Mexico sub-region blacktip have been harvested. Based on the current
dealer reports, the average daily catch rates of landings in the
eastern Gulf of Mexico sub-region for aggregated LCS, hammerhead, and
blacktip, and in the western Gulf of Mexico sub-region for blacktip are
low (Sec. 635.24(a)(8)(ii)). A higher retention limit should increase
the likelihood of full utilization of available quota in the Atlantic
region, while also allowing the fishery to operate for the remainder of
the year.
Accordingly, as of August 24, 2021, NMFS is increasing the
retention limit for directed shark limited access permit holders from
45 to 55 LCS other than sandbar sharks per vessel per trip in the Gulf
of Mexico region. In the eastern Gulf of Mexico sub-region, this
applies to any shark in the aggregated LCS, hammerhead, or blacktip
management groups. In the western Gulf of Mexico sub-region, because
aggregated LCS and hammerhead management groups are closed, this
increase only applies to the blacktip management group. This retention
limit adjustment does not apply to directed shark limited access permit
holders if 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 (Sec. 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, in which case the restrictions noted on the shark
research permit apply.
All other retention limits in the Gulf of Mexico region remain
unchanged. This retention limit will remain at 55 LCS other than
sandbar sharks per vessel per trip for the remainder of 2021, or until
NMFS announces another adjustment to the retention limit or a fishery
closure via a notification in the Federal Register, if warranted.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR part 635, which was
issued pursuant to section 304(c), and is exempt from review under
Executive Order 12866.
The Assistant Administrator for NMFS (AA) finds that it is
impracticable and contrary to the public interest to provide prior
notice of, and an opportunity for public comment on, this action for
the following reasons:
Based on recent data, NMFS has determined that landings have been
low (45 percent of the 85.5-mt dw quota for aggregated LCS and 42
percent of the 13.4-mt dw quota for the hammerhead shark management
group in the eastern Gulf of Mexico sub-region; 23 percent of the 37.7-
mt dw quota for the eastern Gulf of Mexico sub-region blacktip and 61-
percent of the 347.2 mt dw quota for the western Gulf of Mexico sub-
region blacktip). Delaying this action for prior notice and public
comment would unnecessarily limit opportunities to harvest available
aggregated LCS management group, hammerhead shark management group, and
blacktip shark quotas, which may have negative social and economic
impacts for U.S. fishermen. This action does not raise conservation and
management concerns. Adjusting retention limits does not affect the
overall aggregated LCS management group, hammerhead shark management
group, and blacktip shark quotas, and available data show the
adjustment would have a minimal risk of exceeding the quotas set for
the aggregated LCS and hammerhead shark management groups in the
eastern Gulf of Mexico sub-region, and blacktip sharks in the eastern
and western Gulf of Mexico sub-regions in the December 1, 2020 final
rule (85 FR 77007). NMFS notes that the public had an opportunity to
comment on the underlying rulemakings that established the quota and
retention limit adjustment criteria. Therefore, the AA finds good cause
under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for
public comment. For all of the above reasons, there is also good cause
under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 20, 2021.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2021-18289 Filed 8-24-21; 8:45 am]
BILLING CODE 3510-22-P
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