[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Rules and Regulations]
[Pages 65690-65699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25916]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 191125-0090]
RTID 0648-XT004
Atlantic Highly Migratory Species; 2020 Atlantic Shark Commercial
Fishing Year
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; fishing season notification.
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SUMMARY: This final rule establishes the 2020 opening date for all
Atlantic shark fisheries, including the fisheries in the Gulf of Mexico
and Caribbean. This
[[Page 65691]]
final rule also establishes the quotas for the 2020 fishing year based
on harvest levels during 2019 and the large coastal shark (LCS)
retention limits for directed shark limited access permit holders. NMFS
may increase or decrease these retention limits for directed shark
limited access permit holders during the year, in accordance with
existing regulations, to provide, to the extent practicable, equitable
fishing opportunities for commercial shark fishermen in all regions and
areas. These actions could affect fishing opportunities for commercial
shark fishermen in the northwestern Atlantic Ocean, including the Gulf
of Mexico and Caribbean Sea.
DATES: This rule is effective on January 1, 2020. The 2020 Atlantic
commercial shark fishing year opening dates and quotas are provided in
Table 1 under SUPPLEMENTARY INFORMATION.
ADDRESSES: Atlantic Highly Migratory Species (HMS) Management Division,
1315 East-West Highway, Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Gu[yacute] DuBeck or Karyl Brewster-
Geisz at 301-427-8503.
SUPPLEMENTARY INFORMATION:
Background
The Atlantic commercial shark fisheries are managed under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act). The 2006 Consolidated HMS Fishery
Management Plan (FMP) and its amendments are implemented by regulations
at 50 CFR part 635. For the Atlantic commercial shark fisheries, the
2006 Consolidated HMS FMP and its amendments established, among other
things, measures related to commercial shark retention limits,
commercial quotas for species and management groups, and accounting for
under- and overharvests for the shark fisheries. The FMP also includes
adaptive management measures, such as flexibility in establishing
opening dates for the fishing season and the ability to make inseason
adjustments to shark trip limits, which provide management flexibility
in furtherance of equitable fishing opportunities, to the extent
practicable, for commercial shark fishermen in all regions and areas.
On September 19, 2019, NMFS published a proposed rule (84 FR
49236), on management measures for the commercial shark fisheries for
the 2020 fishing year. The rule proposed opening all Atlantic
commercial shark management groups on January 1, 2020, setting initial
retention limits for large coastal shark (LCS) retention by directed
shark limited access permit holders, and adjusting quotas for the 2020
fishing year based on harvest levels during 2019. The proposed rule
contains details about the action that are not repeated here. The
comment period on the proposed rule closed on October 10, 2019. NMFS
received 18 written and oral comments regarding the proposed opening
dates, retention limits, and potential inseason retention limit
adjustments as applied to LCS in the Gulf of Mexico and Atlantic
regions. Those comments, along with the Agency's responses, are
summarized below. After considering all the comments, NMFS is
finalizing the rule as proposed, with three changes, discussed below.
NMFS is opening the fishing year for all shark management groups on
January 1, 2020, as proposed. In setting the opening date, NMFS
considered the ``opening commercial fishing season'' criteria at Sec.
635.27(b)(3). These criteria include the following factors: Available
annual quotas for the current fishing season; estimated season length
and average weekly catch rates from previous years; length of the
season and fishermen participation in past years; impacts to
accomplishing objectives of the 2006 Consolidated HMS FMP and its
amendments; temporal variation in behavior or biology of target species
(e.g., seasonal distribution or abundance); impact of catch rates in
one region on another; and effects of delayed season openings. The rule
also establishes a retention limit for directed shark limited access
permit holders in the blacktip, aggregated LCS, and hammerhead
management groups for the entire Gulf of Mexico region of 45 LCS other
than sandbar sharks per vessel per trip, as proposed. NMFS changed the
initial retention limit for directed shark limited access permit
holders in the aggregated LCS and hammerhead management groups for the
Atlantic region from the proposed level of 25 LCS other than sandbar
sharks per vessel per trip to 36 LCS other than sandbar sharks per
vessel per trip. The retention limit for incidental shark limited
access permit holders for all regions has not changed from the proposed
rule and remains at 3 LCS other than sandbar sharks per trip and no
more than 16 small coastal sharks (SCS) and pelagic sharks, combined,
per vessel per trip consistent with Sec. 635.24(a)(3) and (4).
Additionally, the retention limit for blacknose sharks for all permit
holders in the Atlantic region south of 34[deg]00' N lat. has not
changed from the proposed rule and remains at eight blacknose sharks
per trip consistent with Sec. 635.24(a)(4). Blacknose sharks may not
be harvested in the Gulf of Mexico region. This rulemaking does not
consider changes to the retention limits outside of what is allowed
currently by the regulations.
This final rule also adjusts the annual commercial quotas for 2020
based on over- and/or underharvests, calculated after accounting for
landings reported by October 18, 2019, consistent with existing
regulations. Based on updated landings information as of October 18,
2019, only the adjusted blacktip quota in the Gulf of Mexico region has
changed since the proposed rule. All other quotas remain the same as
proposed. While this action adjusts certain quotas as allowable, it
does not establish or change the annual baseline commercial quotas
established under the 2006 Consolidated HMS FMP and its amendments for
any shark management group. The baseline quotas were established under
previous actions, and any changes to those baseline quotas would be
performed through a separate action.
Response to Comments
NMFS received 18 written and oral comments on the proposed rule
from fishermen, dealers, and other interested parties. All written
comments can be found at http://www.regulations.gov/ by searching for
RIN 0648-XT004. All of the comments received are summarized below.
Comment 1: NMFS received comments in support of the proposed
opening date of January 1 for the LCS fisheries in the Gulf of Mexico
and Atlantic regions.
Response: NMFS will open the LCS fisheries in the Gulf of Mexico
and Atlantic regions on January 1, as proposed. NMFS will also open all
other shark management groups on January 1, as proposed.
Comment 2: NMFS received several comments regarding the proposed
commercial retention limit for the aggregated LCS, hammerhead, and
blacktip shark management groups in the eastern and western Gulf of
Mexico sub-regions. Some commenters were opposed to the proposed
retention limit of 45 LCS other than sandbar sharks per vessel per
trip, and noted that NMFS should increase the retention limit to 55 LCS
other than sandbar sharks per vessel per trip. Commercial fishermen
from the western Gulf of Mexico sub-region preferred the higher
retention limit (55 sharks per vessel per trip) to provide equitable
fishing opportunities for both Federal and state-water fishermen, while
some commercial
[[Page 65692]]
fishermen from the eastern Gulf of Mexico sub-region also preferred the
higher retention limit to more fully utilize quotas, which were
underutilized this year. NMFS also received comments from commercial
fishermen in the eastern Gulf of Mexico sub-region that they preferred
a retention limit of 45 LCS per vessel per trip to ensure a year-round
fishery.
Response: After considering public comment, and bearing in mind
NMFS's ability to further adjust retention limits inseason, NMFS has
determined that starting the season at the default retention limit of
45 LCS other than sandbar sharks per vessel per trip, as proposed, is
appropriate and will ensure equitable fishing opportunities in both
Gulf of Mexico sub-regions, to the extent practicable. This season, the
participation in the Gulf of Mexico LCS fishery was lower than in past
years, and the shark management group quotas in both sub-regions remain
open to date. In the western Gulf of Mexico sub-region, landings were
particularly low this year, which commenters said was due to issues
related to selling and transporting shark products across state lines.
This reduction in overall landings has resulted in the blacktip,
aggregated LCS, and hammerhead shark management groups in the western
Gulf of Mexico sub-region remaining open to date, relatively late in
the year, which has not occurred in past seasons, and a portion of each
quota being transferred to the eastern Gulf of Mexico sub-region (84 FR
48791; September 17, 2019). In the eastern Gulf of Mexico sub-region,
fishermen continue to harvest blacktip, aggregated LCS, and hammerhead
shark management group quotas. In addition, NMFS understands that the
State of Mississippi is considering starting a commercial shark fishery
in state waters in 2020. Although NMFS does know at this time how many
vessels might participate in this fishery, how many permits could be
issued, or what the State regulations will be, associated landings
would count against the western Gulf of Mexico sub-regional quotas,
creating some additional uncertainty regarding the fishery for 2020.
Thus, due to public comment regarding the year-round fishery and the
uncertainty about the number of participants in the 2020 fishing
season, NMFS has decided to keep the retention limit at the proposed 45
LCS other than sandbar sharks per vessel per trip for the start of the
season. If 2020 landing rates are similar to landings rates in 2019,
NMFS could consider adjusting the retention limit inseason to maximize
quotas.
Comment 3: NMFS received several comments regarding the proposed
commercial retention limits and the proposed change to the quota
harvest level at which NMFS may consider adjusting the retention limit
for the aggregated LCS and hammerhead shark management groups in the
Atlantic region. NMFS received comments opposing the proposed retention
limit of 25 LCS other than sandbar sharks at the beginning of the year.
Instead, commenters stated they would prefer a retention limit of 36
LCS trip limit at the beginning of the year to more fully utilize the
available quota. NMFS received comments in support of and opposition to
the proposed level of 20 percent of quota harvested at which NMFS may
consider adjusting the retention limit. Commenters suggested a variety
of percentages that ranged from 20 to 40 percent, and expressed concern
that a lower percentage and smaller hammerhead shark quota could limit
harvest and increase the likelihood of a closure. If the fishery were
to close early, then the overall quota would not be reached, similar to
what has happened in recent years.
Response: NMFS will start the season with a commercial retention
limit of 36 LCS other than sandbar sharks per vessel per trip.
Additionally, NMFS recognizes that the 20 percent of quota harvested at
which NMFS may consider adjusting the retention limit used in recent
years along with other factors has resulted in the annual quotas in the
Atlantic region not being fully utilized in recent years. For example,
as of October 18, 2019, only 27 percent of the aggregated LCS and 38
percent of the hammerhead shark quotas have been landed. This means
that approximately 73 percent of the aggregated LCS quota remains
available and approximately 62 percent of the hammerhead shark quota
remains available through December 31, 2019. In order to allow
fishermen additional opportunities to fully harvest the aggregated LCS
and hammerhead management group quotas, NMFS is implementing a higher
retention limit (36 LCS other than sandbar sharks per vessel per trip)
at the start of the season and a higher percentage of quota harvested
at which NMFS may consider adjusting the retention limit (35 percent).
If the quota is landed quickly (e.g., if approximately 35 percent of
the quota is caught at the beginning of the year), NMFS anticipates
that it would apply the appropriate regulatory criteria to consider an
inseason reduction of the retention limit (e.g., to three or fewer LCS
other than sandbar sharks per vessel per trip), then consider an
increase in the retention limit later in the year, which is a similar
process to what has been done in past seasons.
Comment 4: NMFS received comments regarding increasing the
retention limit beyond the current threshold of 55 LCS other than
sandbar sharks per vessel per trip or converting the retention limit
back to pounds per trip. One commenter preferred a retention limit of
100 LCS other than sandbar sharks per vessel per trip, since the quotas
are not harvested and shark populations have increased. Another
commenter preferred the retention limit be 4,000 pound (lb) dressed
weight (dw) per trip, which was the trip limit prior to 2008, to make
trips more profitable and reduce discards. Additionally, some
commenters would prefer separate retention limits for the Gulf of
Mexico blacktip shark management group and hammerhead shark management
groups in the Atlantic and Gulf of Mexico, since each management group
has separate quotas. Other commenters requested a retention limit for
sandbar sharks outside of the shark research fishery due to increased
interactions during non-shark research fishery trips in recent years.
Response: These comments are outside the scope of this rulemaking
because the purpose of this rulemaking is to set opening dates and
commercial retention limits for the 2020 shark season and to adjust
quotas for the 2020 shark seasons based on over- and underharvests from
the previous years. Pursuant to Sec. 635.24(a)(2), the commercial
retention limit for LCS other than sandbar sharks may range between
zero and 55 LCS other than sandbar sharks per vessel per trip. Thus,
the maximum commercial retention limit is 55 LCS other than sandbar
sharks per vessel per trip and a higher limit is not considered in this
rulemaking, not was changing the approach to retention limits from
numbers of individuals to weight. NMFS may reexamine the upper and
lower bounds of the current commercial shark retention limits in a
future rulemaking.
Comment 5: NMFS received comments that all quota linkages in the
LCS fishery should be removed since such linkages have contributed to
the underutilization of quotas.
Response: This comment is outside the scope of this rulemaking
because the purpose of this rulemaking is to set opening dates and
commercial retention limits for the 2020 shark season and to adjust
quotas for the 2020 shark seasons based on over- and underharvests from
the previous years. The current LCS quota linkages were implemented in
the
[[Page 65693]]
final rules for Amendment 5a and Amendment 6 to the 2006 Consolidated
HMS FMP as part of rebuilding plans for shark species that are
overfished in order to reduce mortality of overfished stocks during
commercial fishing for other shark species. The issue of removing quota
linkages is not being re-considered or re-addressed in this rulemaking.
Comment 6: NMFS received a comment regarding a concern about the
increase in shark populations impacting other fisheries and stocks.
Response: This comment is outside the scope of this rulemaking.
NMFS is aware of concerns expressed by some fishermen about increasing
interactions between LCS in Council-managed and other HMS fisheries,
including their concerns about depredation of yellowfin tuna, snapper-
grouper, and other coastal migratory pelagic species, gear damage,
economic loss, and possible effects on the long-term sustainability and
conservation of other fish species. Given revisions to the Magnuson-
Stevens Fishery Conservation and Management Act National Standard 1
(NS1) guidelines, NMFS is exploring options related to the
implementation of those new guidelines as they relate to annual catch
limits (ACLs) for Atlantic sharks in the HMS management unit. NMFS
announced the availability of a scoping document for Amendment 14 to
the 2006 Consolidated HMS FMP (84 FR 23014; May 21, 2019). In that
scoping document, NMFS has also begun the process of re-examining how
to establish these ACLs, including an examination of how to establish
the acceptable biological catch (ABC) and account for uncertainty
arising from the stock assessment and the impacts to the management
measures.
Comment 7: NMFS received a comment supporting the prohibition of
all commercial shark fishing.
Response: This comment is outside the scope of this rulemaking
because the purpose of this rulemaking is to adjust quotas for the 2020
shark seasons based on over- and underharvests from the previous years
and set opening dates and commercial retention limits for the 2020
shark season. Management of the Atlantic shark fisheries is based on
the best available science to achieve optimum yield while also
rebuilding overfished shark stocks and preventing overfishing. The
final rule does not reanalyze the overall management measures for
sharks, which have been analyzed in the 2006 Consolidated HMS FMP and
its amendments. NMFS is considering further shark management measures,
including options related to the implementation of relatively new
Magnuson-Stevens Act NS1 guidelines as they relate to ACLs for Atlantic
sharks in the HMS management unit, in Amendment 14 to the 2006
Consolidated HMS FMP.
Changes From the Proposed Rule
As noted above, after considering public comment and updated
landings data, NMFS made three changes from the proposed rule.
Specifically, NMFS changed the retention limit for directed shark
limited access permit holders at the start of the commercial shark
fishing year for the aggregated LCS and hammerhead shark management
groups in the Atlantic from 25 LCS other than sandbar sharks per vessel
per trip to 36 LCS other than sandbar sharks per vessel per trip. NMFS
is changing the proposed percentage of quota harvested at which to
consider adjusting the retention limit from approximately 20 percent to
35 percent if the quota is landed too quickly. NMFS noted in the
proposed rule that retention limits and the quota linkage threshold
might change in response to public comment. These changes are within
the established range of retention limits provided at Sec.
635.24(a)(2) and consistent with the limits established in recent years
at the start of the season. NMFS expects that a retention limit of 36
LCS other than sandbar sharks per vessel per trip with a 35 percent of
quota harvested at which to consider adjusting the retention limit will
provide equitable fishing opportunities throughout the region, to the
extent practicable, and retains its discretion to make inseason
adjustments to retention limits, in accordance with existing
regulations and in furtherance of the goals and objectives of the 2006
Consolidated HMS FMP and its amendments.
Additionally, based on an underharvest calculation error, NMFS
changed the final blacktip shark quota in both Gulf of Mexico sub-
regions. In the proposed rule, NMFS calculated the underharvest for
blacktip sharks within the Gulf of Mexico region as 141.8 mt dw, which
was 50 percent of the 2019 adjusted annual quota. However, pursuant to
Sec. 635.27(b)(2)(ii), NMFS may apply up to 50 percent of the base
annual quota (128.3 mt dw) to the 2020 quota. Any underharvest would be
divided between the two sub-regions, based on the percentages that are
allocated to each sub-region, which are set forth in Sec.
635.27(b)(1)(ii)(C). Accordingly, the western Gulf of Mexico sub-
regional baseline quota is being increased by 115.7 mt dw (255,131 lb
dw), which is a reduction of 12.2 mt dw from the proposed rule.
Similarly, the eastern Gulf of Mexico sub-regional baseline quota is
being increased by 12.6 mt dw (27,719 lb dw), which is a reduction of
1.3 mt dw from the proposed rule (Table 1). Thus, the 2020 adjusted
annual quota in western sub-regional Gulf of Mexico blacktip shark
commercial quota is 347.2 mt dw (765,392 lb dw), and the eastern sub-
regional Gulf of Mexico blacktip shark commercial quota is 37.7 mt dw
(83,158 lb dw).
2020 Annual Quotas
This final rule adjusts the 2020 commercial quotas due to
overharvests and/or underharvests in 2019 and previous fishing years,
based on landings data received by October 18, 2019. The 2020 annual
quotas by species and management group are summarized in Table 1. At
this time, NMFS anticipates that landings in dealer reports that are
received by NMFS after October 18, 2019, will be accounted for by
adjusting the 2021 quotas, as appropriate, although such landings could
also be accounted for in the same year. A description of the quota
calculations is provided in the proposed rule and is not repeated here.
Any changes are described in the ``Changes from the Proposed Rule''
section.
Table 1--2020 Final Adjusted Quotas for the Atlantic Shark Management Groups
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2019 annual Preliminary 2019 2020 Base annual 2020 Final annual
Region or sub-region Management group quota landings \1\ Adjustments \2\ quota quota
(A) (B) (C) (D) (D+C)
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Western Gulf of Mexico............ Blacktip Sharks. \3\ 250.8 mt dw 67.4 mt dw 115.7 mt dw 231.5 mt dw 347.2 mt dw
(552,919 lb dw) (148,491 lb dw) (255,131 lb dw) (510,261 lb dw) (765,392 lb dw)
\4\
[[Page 65694]]
Aggregated Large 22.0 mt dw 13.7 mt dw ................. 72.0 mt dw 72.0 mt dw
Coastal Sharks. (48,501 lb dw) (30,282 lb dw) (158,724 lb dw) (158,724 lb dw)
\4\
Hammerhead Sharks.... 3.9 mt dw (8,598 <1.0 mt dw ................. 11.9 mt dw 11.9 mt dw
lb dw) \4\ (<2,200 lb dw) (26,301 lb dw) (26,301 lb dw)
Eastern Gulf of Mexico............ Blacktip Sharks.\3\ 32.7 mt dw 7.5 mt dw (16,461 12.6 mt dw 25.1 mt dw 37.7 mt dw
(72,091 lb dw) lb dw) (27,719 lb dw) (55,439 lb dw) (83,158 lb dw)
\4\
Aggregated Large 135.5 mt dw 66.0 mt dw ................. 85.5 mt dw 85.5 mt dw
Coastal Sharks. (298,726 lb (145,543 lb dw) (188,593 lb dw) (188,593 lb dw)
dw)\4\
Hammerhead Sharks.... 21.4 mt dw 10.6 mt dw ................. 13.4 mt dw 13.4 mt dw
(47,178 lb (23,283 lb dw) (29,421 lb dw) (29,421 lb dw)
dw)\4\
Gulf of Mexico.................... Non-Blacknose Small 112.6 mt dw 48.9 mt dw ................. 112.6 mt dw 112.6 mt dw
Coastal Sharks. (248,215 lb dw) (107,884 lb dw) (248,215 lb dw) (248,215 lb dw)
Smoothhound Sharks... 504.6 mt dw <5.0 mt dw 168.2 mt dw 336.4 mt dw 504.6 mt dw
(1,112,441 lb dw) (<11,000 lb dw) (370,814 lb dw) (741,627 lb dw) (1,112,441 lb dw)
Atlantic.......................... Aggregated Large 168.9 mt dw 45.2 mt dw ................. 168.9 mt dw 168.9 mt dw
Coastal Sharks. (372,552 lb dw) (99,737 lb dw) (372,552 lb dw) (372,552 lb dw)
Hammerhead Sharks.... 27.1 mt dw 10.3 mt dw ................. 27.1 mt dw 27.1 mt dw
(59,736 lb dw) (22,655 lb dw) (59,736 lb dw) (59,736 lb dw)
Non-Blacknose Small 264.1 mt dw 88.1 mt dw ................. 264.1 mt dw 264.1 mt dw
Coastal Sharks. (582,333 lb dw) (194,249 lb dw) (582,333 lb dw) (582,333 lb dw)
Blacknose Sharks..... 17.2 mt dw 8.0 mt dw ................. 17.2 mt dw 17.2 mt dw
(South of 34[deg] N (37,921 lb dw) (17,637 lb dw) (37,921 lb dw) (37,921 lb dw)
lat. only).
Smoothhound Sharks... 1,802.6 mt dw 329.9 mt dw 600.9 mt dw 1,201.7 mt dw 1,802.6 mt dw
(3,973,902 lb dw) (727,268 lb dw) (1,324,634 lb dw) (2,649,268 lb dw) (3,971,587 lb dw)
No regional quotas................ Non-Sandbar LCS 50.0 mt dw 13.9 mt dw ................. 50.0 mt dw 50.0 mt dw
Research. (110,230 lb dw) (30,596 lb dw) (110,230 lb dw) (110,230 lb dw)
Sandbar Shark 90.7 mt dw 55.7 mt dw ................. 90.7 mt dw 90.7 mt dw
Research. (199,943 lb dw) (122,715 lb dw) (199,943 lb dw) (199,943 lb dw)
Blue Sharks. 273.0 mt dw 0 mt dw ................. 273.0 mt dw 273.0 mt dw
(601,856 lb dw) (0 lb dw) (601,856 lb dw) (601,856 lb dw)
Porbeagle Sharks..... 1.7 mt dw <0.5 mt dw ................. 1.7 mt dw 1.7 mt dw
(3,748 lb dw) (<1,000 lb dw) (3,748 lb dw) (3,748 lb dw)
Pelagic Sharks Other 488.0 mt dw 31.7 mt dw ................. 488.0 mt dw 488.0 mt dw
Than Porbeagle or (1,075,856 lb dw) (69,836 lb dw) (1,075,856 lb dw) (1,075,856 lb dw)
Blue.
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\1\ Landings are from January 1, 2019, through October 18, 2019, and are subject to change.
\2\ Underharvest adjustments can only be applied to stocks or management groups that are not overfished and have no overfishing occurring. Also, the
underharvest adjustments cannot exceed 50 percent of the base annual quota.
\3\ This adjustment accounts for underharvest in 2019. As explained above, NMFS is adjusting the increase of the overall Gulf of Mexico blacktip shark
quota by 128.3 mt dw (282,850 lb dw). Since any underharvest would be divided based on the sub-regional quota percentage split, the western Gulf of
Mexico blacktip shark quota would be increased by 115.7 mt dw, or 90.2 percent of the underharvest, while the eastern Gulf of Mexico blacktip shark
quota would be increased by 12.6 mt dw, or 9.8 percent of the underharvest.
\4\ NMFS transferred 5 mt dw of the blacktip shark quota, 50 mt dw of the aggregated LCS quota, and 8 mt dw of the hammerhead shark quota from the
western Gulf of Mexico sub-region to the eastern Gulf of Mexico sub-region on September 12, 2019 (84 FR 48791; September 17, 2019).
2020 Atlantic Commercial Shark Fishing Year
NMFS considered the seven ``opening commercial fishing season''
criteria listed in Sec. 635.27(b)(3), as described in the proposed
rule (84 FR 49236; September 19, 2019). These criteria include, among
other things: The available annual quotas based on any over-and/or
underharvests experienced during the previous seasons; the estimated
season length based on available quotas and catch rates from previous
years; the length of the season
[[Page 65695]]
in the previous years and whether fishermen were able to participate in
the fishery in those years; and 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 different
species and/or management quotas. Application of the criteria discussed
in the proposed rule is not repeated here.
Regarding the LCS retention limit, as shown in Table 2, directed
shark limited access permit holders fishing on the Gulf of Mexico
blacktip shark, aggregated LCS, and hammerhead shark management groups
will start the commercial fishing year with a limit of 45 LCS other
than sandbar sharks per vessel per trip. Directed shark limited access
permits fishing on the Atlantic aggregated LCS and hammerhead shark
management groups will start the commercial fishing year with a limit
of 36 LCS other than sandbar sharks per vessel per trip. These
retention limits could be changed throughout the year based on
consideration of the inseason trip limit adjustment criteria at Sec.
635.24(a)(8).
Specifically, in the Atlantic region, NMFS will closely monitor the
quota at the beginning of the year. If it appears that the quota is
being harvested too quickly to allow fishermen throughout the entire
region the opportunity to fish (e.g., if approximately 35 percent of
the quota is caught at the beginning of the year), NMFS will consider
reducing the commercial retention limit, potentially to 3 LCS other
than sandbar sharks per vessel per trip. Given the geographic
distribution of the sharks at this time of year (i.e., they head north
before moving south again later in the year), the retention limit would
be adjusted to ensure there is quota available later in the year (see
the criteria at Sec. 635.24(a)(8)(i), (ii), (v), and (vi)). Then,
based on the prior years' fishing activity, and to allow more
consistent fishing opportunities later in the year, NMFS may consider
raising the commercial retention limit later in the year. Any future
increase or decrease in a retention limit would depend on a review of
the inseason trip limit adjustment criteria at Sec. 635.24(a)(8).
All of the shark management groups will remain open until December
31, 2020, or until NMFS determines that the landings for any shark
management group have reached, or are projected to reach, 80 percent of
the available overall, regional, and/or sub-regional quota, if the
fishery's landings are not projected to reach 100 percent of the
applicable quota before the end of the season, or when the quota-linked
management group is closed. For the blacktip shark management group,
regulations at Sec. 635.28(b)(5)(i) through (v) authorize NMFS to
close the management group before landings reach or are expected to
reach 80 percent of the available overall, regional, and/or sub-
regional quota after considering the following criteria and other
relevant factors: Season length based on available sub-regional quota
and average sub-regional catch rates; variability in regional and/or
sub-regional seasonal distribution, abundance, and migratory patterns;
effects on accomplishing the objectives of the 2006 Consolidated
Atlantic HMS FMP and its amendments; amount of remaining shark quotas
in the relevant sub-region; and regional and/or sub-regional catch
rates of the relevant shark species or management groups. Additionally,
NMFS has previously established non-linked and linked quotas. Linked
quotas are explicitly designed to concurrently close multiple shark
management groups that are caught together to prevent incidental catch
mortality from exceeding the total allowable catch. The linked and non-
linked quotas are shown in Table 2. If NMFS determines that a shark
species or management group must be closed, then NMFS will publish a
notice in the Federal Register of closure for that shark species, shark
management group, region, and/or sub-region that will be effective no
fewer than four days from the date of filing (Sec. 635.28(b)(2) and
(3)). From the effective date and time of the closure until NMFS
announces, via the publication of a notice in the Federal Register,
that additional quota is available and the season is reopened, the
fisheries for the shark species or management group are closed, even
across fishing years.
Table 2--Quota Linkages, Opening Dates, and Commercial Retention Limit by Regional or Sub-Regional Shark
Management Group
----------------------------------------------------------------------------------------------------------------
Commercial retention limits
for directed shark limited
Region or sub-region Management Quota linkages Opening dates access permit holders
group (inseason adjustments are
available)
----------------------------------------------------------------------------------------------------------------
Eastern Gulf of Mexico....... Blacktip Sharks Not Linked..... January 1, 2020 45 LCS other than sandbar
sharks per vessel per trip.
Aggregated Linked......... ............... ..............................
Large Coastal
Sharks.
Hammerhead ............... ............... ..............................
Sharks.
Western Gulf of Mexico....... Blacktip Sharks Not Linked..... January 1, 2020 45 LCS other than sandbar
sharks per vessel per trip.
Aggregated Linked......... ............... ..............................
Large Coastal
Sharks.
Hammerhead ............... ............... ..............................
Sharks.
Gulf of Mexico............... Non-Blacknose Not Linked..... January 1, 2020 N/A.
Small Coastal
Sharks.
Smoothhound Not Linked..... January 1, 2020 N/A.
Sharks.
Atlantic..................... Aggregated Linked......... January 1, 2020 36 LCS other than sandbar
Large Coastal sharks per vessel per trip.
Sharks.
Hammerhead ............... ............... If quota is landed quickly
Sharks. (e.g., if approximately 35
percent of the quota is
caught at the beginning of
the year), NMFS anticipates
considering an inseason
reduction, and later
considering an inseason
increase.
Non-Blacknose Linked......... January 1, 2020 N/A.
Small Coastal (South of......
Sharks. 34[deg] N lat.
only).
[[Page 65696]]
Blacknose ............... ............... 8 blacknose sharks per vessel
Sharks (South per trip (applies to directed
of 34[deg] N and incidental permit
lat. only). holders).
Smoothhound Not Linked..... January 1, 2020 N/A.
Sharks.
No regional quotas........... Non-Sandbar LCS Linked......... January 1, 2020 N/A.
Research.
Sandbar Shark ............... ............... ..............................
Research.
Blue Sharks.... Not Linked..... January 1, 2020 N/A.
Porbeagle ............... ............... ..............................
Sharks.
Pelagic Sharks ............... ............... ..............................
Other Than
Porbeagle or
Blue.
----------------------------------------------------------------------------------------------------------------
Classification
The NMFS Assistant Administrator has determined that the final rule
is consistent with the 2006 Consolidated HMS FMP and its amendments,
other provisions of the Magnuson-Stevens Act, and other applicable
laws.
Pursuant to 5 U.S.C. 553(d)(3), the NMFS Assistant Administrator
has determined that there is good cause to waive the 30-day delay in
effective date for the adjusted quotas and opening dates for the
pelagic shark, shark research, blacknose shark, non-blacknose small
coastal shark, and non-sandbar large coastal shark fisheries in the
Atlantic and Gulf of Mexico regions, because such a delay is contrary
to the public interest.
A delay in effectiveness of this rule would cause negative economic
impacts on fishermen and diminish the opportunity for the collection of
scientific data, which is critical to properly managing the fisheries
because needed information would not be available for stock
assessments, resulting in negative ecological impacts on the fishery
resource.
A delay in the effectiveness of the quotas in this rule would
result in the closure of the pelagic shark fishery until 30 days after
the publication date of this rule. Most pelagic shark species are
captured incidentally in swordfish and tuna pelagic longline fisheries
that will be open in early January. If the quotas in this rule are not
made effective as close to January 1, 2020, as possible, fishermen will
have to discard, dead or alive, any pelagic sharks that are caught,
while quota is technically available to be used for their retention.
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 with 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. Delaying the
opening of the shark research fishery would prevent NMFS from
maintaining the monthly time-series of wintertime abundance for shark
species or collecting vital biological and regional data during this
time of year. Not conducting the necessary research trips could limit
NMFS' ability to properly manage the shark fisheries because needed
information would not be available for stock assessments, which would
be contrary to the public interest.
Regarding the blacknose shark, non-blacknose small coastal shark,
and smoothhound shark fisheries, these fisheries have both a directed
component, where fishermen target these shark species, 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 small coastal and
smoothhound sharks throughout the year. Delaying this action for 30
days would force all fishermen to discard, dead or alive, any small
coastal and smoothhound sharks that are caught before this rule becomes
effective. Opening the fishery as close to January 1, 2020, as possible
ensures that any mortality associated with landings is counted against
the commercial quota in real-time. Additionally, a month-long delay in
opening the small coastal shark and smoothhound shark fisheries would
occur during the time period when fishermen typically target these
shark species. Therefore, fishermen would experience negative economic
impacts that would continue until the small coastal and smoothhound
shark fisheries were opened. Thus, delaying the opening of the small
coastal and smoothhound shark fisheries would undermine the intent of
the rule and is contrary to the public interest.
Regarding the non-sandbar large coastal shark fishery in the
Atlantic and Gulf of Mexico region, NMFS received public comments in
support of a January 1 opening date. This would allow south Atlantic
fishermen to have a winter fishery and to potentially get a better
price per pound, given the geographic distribution of the sharks at
this time of year. However, delaying the opening of the non-sandbar
large coastal shark fishery in the Atlantic and Gulf of Mexico region
for an additional 30 days would have negative economic impacts on
fishermen because they would not be able to fish for that period.
Additionally, many of the primary species targeted in the non-sandbar
large coastal shark fisheries are locally available in the southern
portion of the Atlantic region in January and a 30-day delay would
cause fishermen to miss out entirely on fishing opportunities, and the
associated revenue. Therefore, delaying this action for 30 days is
contrary to the public interest.
For the reasons described above, the Assistant Administrator finds
good cause to waive the 30-day delay in effectiveness of the quotas and
opening dates for the pelagic shark, shark research, blacknose shark,
non-blacknose small coastal shark, smoothhound shark, and non-sandbar
large coastal shark fisheries in the Atlantic and Gulf of Mexico
regions.
This final rule is exempt from review under Executive Order 12866.
[[Page 65697]]
In compliance with section 604 of the Regulatory Flexibility Act
(RFA), NMFS prepared a Final Regulatory Flexibility Analysis (FRFA) for
this final rule. The FRFA analyzes the anticipated economic impacts of
the final actions and any significant economic impacts on small
entities. The FRFA is below.
Section 604(a)(1) of the RFA requires an explanation of the purpose
of the rulemaking. The purpose of this final rule is, consistent with
the Magnuson-Stevens Act and the 2006 Consolidated HMS FMP and its
amendments, to establish the 2020 Atlantic commercial shark adjusted
fishing quotas, retention limits, and fishing seasons. Without this
rule, the Atlantic commercial shark fisheries would close on December
31, 2019, and would not reopen until appropriate action was taken. This
final rule will be implemented according to the regulations
implementing the 2006 Consolidated HMS FMP and its amendments. Thus,
NMFS expects few, if any, economic impacts to fishermen other than
those already analyzed in the 2006 Consolidated HMS FMP and its
amendments. While there may be some direct negative economic impacts
associated with the opening dates for fishermen in certain northern
Atlantic areas, there could also be positive effects for other
fishermen in the south Atlantic region. The opening dates were chosen
to allow for an equitable distribution of the available quotas among
all fishermen across regions and states, to the extent practicable.
Section 604(a)(2) of the RFA requires NMFS to summarize significant
issues raised by the public in response to the Initial Regulatory
Flexibility Analysis (IRFA), provide a summary of NMFS' assessment of
such issues, and provide a statement of any changes made as a result of
the comments. The IRFA was completed as part of the proposed rule for
the 2020 Atlantic Commercial Shark Season Specifications. NMFS did not
receive any comments specific to the IRFA.
Section 604(a)(3) of the RFA requires NMFS to the respond to any
comments filed by the Chief Counsel for Advocacy of the Small Business
Administration in response to the proposed rule and provide a detailed
statement of any change made to the proposed rule as a result of the
comments. NMFS did not receive any comments from the Chief Counsel for
Advocacy of the Small Business Administration on the proposed rule.
Section 604(a)(4) of the RFA requires NMFS to provide an estimate
of the number of small entities to which the rule would apply. The
Small Business Administration (SBA) has established size criteria for
all major industry sectors in the United States, including fish
harvesters. Provision is made under SBA's regulations for an agency to
develop its own industry-specific size standards after consultation
with Advocacy and an opportunity for public comment (see 13 CFR
121.903(c)). Under this provision, NMFS may establish size standards
that differ from those established by the SBA Office of Size Standards,
but only for use by NMFS and only for the purpose of conducting an
analysis of economic effects in fulfillment of the agency's obligations
under the RFA. To utilize this provision, NMFS must publish such size
standards in the Federal Register, which NMFS did on December 29, 2015
(80 FR 81194; 50 CFR 200.2). In that final rule effective on July 1,
2016, NMFS established a small business size standard of $11 million in
annual gross receipts for all businesses in the commercial fishing
industry (NAICS 11411) for RFA compliance purposes. NMFS considers all
HMS permit holders to be small entities because they had average annual
receipts of less than $11 million for commercial fishing.
As of October 2019, the final rule would apply to the approximately
219 directed commercial shark permit holders, 263 incidental commercial
shark permit holders, 162 smoothhound shark permit holders, and 103
commercial shark dealers. Not all permit holders are active in the
fishery in any given year. Active directed commercial shark permit
holders are defined as those with valid permits that landed one shark
based on HMS electronic dealer reports. Of the 482 directed and
incidental commercial shark permit holders, only 12 permit holders
landed sharks in the Gulf of Mexico region and only 70 landed sharks in
the Atlantic region. Of the 162 smoothhound shark permit holders, only
63 permit holders landed smoothhound sharks in the Atlantic region and
none landed smoothhound sharks in the Gulf of Mexico region. NMFS has
determined that the final rule would not likely affect any small
governmental jurisdictions.
Section 604(a)(5) of the RFA 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 actions in this final rule would result in
additional reporting, recordkeeping, or compliance requirements beyond
those already analyzed in the 2006 Consolidated HMS FMP and its
amendments.
Section 604(a)(6) of the RFA requires NMFS to describe the steps
taken to minimize the economic impact on small entities, consistent
with the stated objectives of applicable statutes. Additionally, the
RFA (5 U.S.C. 603(c)(1)-(4)) lists four general categories of
significant alternatives that would accomplish the stated objectives of
applicable statutes and minimize any significant economic impact of the
rule on small entities. 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, or any part thereof, for small
entities.
In order to meet the objectives of this rule, consistent with the
Magnuson-Stevens Act, NMFS cannot exempt small entities or change the
reporting requirements only for small entities because all the entities
affected are small entities. Thus, there are no alternatives discussed
that fall under the first, second, and fourth categories described
above. NMFS does not know of any performance or design standards that
would satisfy the aforementioned objectives of this rulemaking while,
concurrently, complying with the Magnuson-Stevens Act; therefore, there
are no alternatives considered under the third category.
This rulemaking does not establish new management measures to be
implemented, but rather implements previously adopted and analyzed
measures as adjustments within a range of previously-authorized
activities, as specified in the 2006 Consolidated HMS FMP and its
amendments and the Environmental Assessment (EA) for the 2011 shark
quota specifications rule (75 FR 76302; December 8, 2010). Thus, in
this rulemaking, NMFS adjusted the baseline quotas established and
analyzed in the 2006 Consolidated HMS FMP and its amendments by
subtracting the underharvest or adding the overharvest, as specified
and allowable in existing regulations. Under current regulations (Sec.
635.27(b)(2)), all shark fisheries close on December 31 of each year,
or when NMFS determines that the landings for any shark management
group has reached, or is projected to reach, 80 percent of the
available overall, regional, and/or sub-regional quota if the fishery's
landings are not projected to reach 100 percent of the applicable quota
before the end of the
[[Page 65698]]
season, or when the quota-linked management group is closed. The
fisheries do not open until NMFS takes action, such as this rulemaking,
to re-open the fisheries. Thus, not implementing these management
measures would negatively affect shark fishermen and related small
entities, such as dealers, and also would not provide management
flexibility in furtherance of equitable fishing opportunities, to the
extent practicable, for commercial shark fishermen in all regions and
areas.
Based on the 2018 ex-vessel meat and fin prices (Table 3), fully
harvesting the unadjusted 2020 Atlantic shark commercial base quotas
could result in total fleet revenues of $8,775,599. For the Gulf of
Mexico blacktip shark management group, NMFS will increase the baseline
sub-regional quotas due to the underharvests in 2019. The increase for
the western Gulf of Mexico blacktip shark management group could result
in a $210,580 gain in total revenues for fishermen in that sub-region,
while the increase for the eastern Gulf of Mexico blacktip shark
management group could result in a $37,570 gain in total revenues for
fishermen in that sub-region. For the Gulf of Mexico and Atlantic
smoothhound shark management groups, NMFS will increase the baseline
quotas due to the underharvest in 2019. This would cause a potential
gain in revenue of $262,788 for the fleet in the Gulf of Mexico region
and a potential gain in revenue of $1,057,482 for the fleet in the
Atlantic region.
All of these changes in gross revenues are similar to the changes
in gross revenues analyzed in the 2006 Consolidated HMS FMP and its
amendments. The FRFAs for those amendments concluded that the economic
impacts on these small entities are expected to be minimal. In the 2006
Consolidated HMS FMP and its amendments and the EA for the 2011 shark
quota specifications rule, NMFS stated it would be conducting annual
rulemakings and considering the potential economic impacts of adjusting
the quotas for under- and overharvests at that time.
Table 3--Average Ex-Vessel Prices per lb dw for Each Shark Management Group, 2018
----------------------------------------------------------------------------------------------------------------
Average ex- Average ex-
Region Species vessel meat vessel fin
price price
----------------------------------------------------------------------------------------------------------------
Western Gulf of Mexico........................ Blacktip Shark.................. $0.53 $10.94
Aggregated LCS.................. 0.67 11.61
Hammerhead Shark................ 0.51 11.12
Eastern Gulf of Mexico........................ Blacktip Shark.................. 1.06 9.54
Aggregated LCS.................. 0.59 11.93
Hammerhead Shark................ 0.40 13.20
Gulf of Mexico................................ Non-Blacknose SCS............... 0.54 7.00
Smoothhound Shark............... 0.65 ..............
Atlantic...................................... Aggregated LCS.................. 0.98 11.06
Hammerhead Shark................ 0.42 6.66
Non-Blacknose SCS............... 0.99 7.67
Blacknose Shark................. 1.21 ..............
Smoothhound Shark............... 0.74 1.62
No Region..................................... Shark Research Fishery 0.81 11.61
(Aggregated LCS).
Shark Research Fishery (Sandbar 0.61 11.00
only).
Blue shark...................... 0.45 3.01
Porbeagle shark................. 1.18 3.01
Other Pelagic sharks............ 1.46 3.01
----------------------------------------------------------------------------------------------------------------
For this final rule, NMFS reviewed the ``opening commercial fishing
season'' criteria at Sec. 635.27(b)(3)(i) through (vii) to determine
when opening each fishery will provide equitable opportunities for
fishermen, to the extent practicable, while also considering the
ecological needs of the different species. The 2019 fishing year and
previous years' over- and/or underharvests were examined for the
different species/complexes to determine the effects of the 2020 final
quotas on fishermen across regional fishing areas. NMFS examined season
lengths and previous catch rates to ensure equitable fishing
opportunities for fishermen. Lastly, NMFS examined the seasonal
variation of the different species/complexes and the effects on fishing
opportunities. In addition to these criteria, NMFS also considered
updated landings data and public comment on the proposed rule before
arriving at the final opening dates for the 2020 Atlantic shark
management groups. For the 2020 fishing year, NMFS is opening the shark
management groups on January 1, 2020. The direct and indirect economic
impacts will be neutral on a short- and long-term basis for the Gulf of
Mexico blacktip shark, Gulf of Mexico aggregated LCS, Gulf of Mexico
hammerhead shark, Gulf of Mexico non-blacknose shark SCS, Gulf of
Mexico and Atlantic smoothhound shark, Atlantic non-blacknose shark
SCS, Atlantic blacknose shark, sandbar shark, blue shark, porbeagle
shark, and pelagic shark (other than porbeagle or blue sharks)
management groups, because NMFS did not change the opening dates of
these fisheries from the status quo of January 1.
Opening the aggregated LCS and hammerhead shark management groups
in the Atlantic region on January 1 will result in short-term, direct,
moderate, beneficial economic impacts, as fishermen and dealers in the
southern portion of the Atlantic region will be able to fish for and
sell aggregated LCS and hammerhead sharks starting in January. The
opening date finalized in this rule for the Atlantic region has been
the same or similar to those since 2016, however, the retention limit
would be different from this past year and similar to the one since
2016.
Based on past public comments, some Atlantic fishermen in the
southern and northern parts of the region prefer a January 1 opening
for the fishery as long as the majority of the quota is available later
in the year. Along with the inseason retention limit adjustment
criteria in Sec. 635.24(a)(8), NMFS monitors the quota through the HMS
electronic reporting system on a real-time basis. This allows NMFS the
flexibility to further provide equitable fishing opportunities for
fishermen across all regions, to the extent practicable. The direct
impacts to shark
[[Page 65699]]
fishermen in the Atlantic region of reducing the retention limit depend
on the needed reduction in the retention limit and the timing of such a
reduction. Therefore, such a reduction in the retention limit for
directed shark limited access permit holders 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.
In the northern portion of the Atlantic region, a January 1 opening
for the aggregated LCS and hammerhead shark management groups, with
inseason trip limit adjustments to ensure quota is available later in
the season, will have direct, minor, beneficial economic impacts in the
short-term for fishermen as they will potentially have access to the
aggregated LCS and hammerhead shark quotas earlier than in past
seasons. Fishermen in this area have stated that, depending on the
weather, some aggregated LCS species might be available to retain in
January. Thus, fishermen will be able to target or retain aggregated
LCS while targeting non-blacknose SCS. There will be indirect, minor,
beneficial economic impacts in the short- and long-term for shark
dealers and other entities that deal with shark products in this region
as they will also have access to aggregated LCS products earlier than
in past seasons. Thus, opening the aggregated LCS and hammerhead shark
management groups in January and using inseason trip limit adjustments
to ensure the fishery is open later in the year in 2020 will cause
beneficial cumulative economic impacts, because it allows for a more
equitable distribution of the quotas among constituents in this region,
consistent with the 2006 Consolidated HMS FMP and its amendments.
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, NMFS has prepared a listserv summarizing
fishery information and regulations for Atlantic shark fisheries for
2020. This listserv also serves as the small entity compliance guide.
Copies of the compliance guide are available from NMFS (see ADDRESSES).
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
Dated: November 25, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019-25916 Filed 11-27-19; 8:45 am]
BILLING CODE 3510-22-P