Atlantic Highly Migratory Species; 2020 Atlantic Shark Commercial Fishing Year
| Published date | 19 September 2019 |
| Citation | 84 FR 49236 |
| Record Number | 2019-20249 |
| Section | Proposed rules |
| Court | National Oceanic And Atmospheric Administration |
Federal Register, Volume 84 Issue 182 (Thursday, September 19, 2019)
[Federal Register Volume 84, Number 182 (Thursday, September 19, 2019)]
[Proposed Rules]
[Pages 49236-49244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20249]
[[Page 49236]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 190913-0027]
RIN 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: Proposed rule; request for comments.
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SUMMARY: This proposed rule would adjust quotas and retention limits,
and establish opening dates for the 2020 fishing year for the Atlantic
commercial shark fisheries. Quotas would be adjusted as required or
allowable based on any overharvests and/or underharvests experienced
during the 2019 fishing year. In addition, NMFS proposes opening dates
and commercial retention limits based on adaptive management measures
to provide, to the extent practicable, fishing opportunities for
commercial shark fishermen in all regions and areas. The proposed
measures could affect fishing opportunities for commercial shark
fishermen in the northwestern Atlantic Ocean, the Gulf of Mexico, and
the Caribbean Sea.
DATES: Written comments must be received by October 10, 2019.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2019-0091, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0091, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Guy DuBeck, NMFS/SF1,
1315 East-West Highway, National Marine Fisheries Service, SSMC3,
Silver Spring, MD 20910.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Copies of this proposed rule and supporting documents are available
from the HMS Management Division website at https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species or by
contacting Guy DuBeck by phone at 301-427-8503.
FOR FURTHER INFORMATION CONTACT: Guy 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 Atlantic Highly
Migratory Species (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 commercial shark retention limits,
commercial quotas for species and management groups, and accounting
measures for underharvests and overharvests for the shark fisheries.
The FMP also includes adaptive management measures, such as flexible
opening dates for the fishing year and 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.
2020 Proposed Commercial Shark Quotas
This proposed rule would adjust the quota levels for the different
shark stocks and management groups for the 2019 Atlantic commercial
shark fishing year based on overharvests and underharvests that
occurred during the 2019 fishing year, consistent with existing
regulations at 50 CFR 635.27(b). Overharvests and underharvests are
accounted for in the same region, sub-region, and/or fishery in which
they occurred the following year, except that large overharvests may be
spread over a number of subsequent fishing years up to a maximum of
five years. Shark stocks that are overfished, have overfishing
occurring, or have an unknown status, as well as management groups that
contain one or more stocks that are overfished, have overfishing
occurring, or have an unknown stock status, will not have underharvest
carried over in the following year. Stocks or management groups that
are not overfished and have no overfishing occurring may have any
underharvest carried over in the following year, up to 50 percent of
the base annual quota.
Based on 2019 harvests to date, and after considering catch rates
and landings from previous years, NMFS proposes to adjust the 2020
quotas for certain management groups as shown in Table 1. In the final
rule, any adjustments to the quotas will be based on how the quotas are
affected by new data from dealer reports received by late October to
mid-November 2019. Thus, all of the 2020 proposed quotas for the
respective stocks and management groups will be subject to further
adjustment after NMFS considers the dealer reports through late October
to mid-November. NMFS anticipates that all dealer reports that are
received after the late October to mid-November date will be used to
adjust 2021 quotas, as appropriate.
Because the Gulf of Mexico blacktip shark management group and
smoothhound shark management groups in the Gulf of Mexico and Atlantic
regions are not overfished, and overfishing is not occurring, available
underharvest (up to 50 percent of the base annual quota) from the 2019
fishing year for these management groups may be applied to the
respective 2020 quotas. NMFS proposes to account for any underharvest
of Gulf of Mexico blacktip sharks by dividing underharvest between the
eastern and western Gulf of Mexico sub-regional quotas based on the
sub-regional quota split percentage implemented in Amendment 6 to the
2006 Consolidated Atlantic HMS FMP (80 FR 50073; August 18, 2015).
For the sandbar shark, aggregated large coastal shark (LCS),
hammerhead shark, non-blacknose small coastal shark (SCS), blacknose
shark, blue shark, porbeagle shark, and pelagic shark (other than
porbeagle or blue sharks) management groups, the 2019 underharvests
cannot be carried over to the 2020 fishing year because those stocks or
management groups are overfished, are experiencing overfishing, or have
an unknown status. There also were no overharvests in these management
groups. Thus, NMFS proposes that quotas for these management groups be
equal to the annual base quota without adjustment, although the final
quotas will be based
[[Page 49237]]
on current data at the time the final rule is prepared.
The proposed 2020 quotas by species and management group are
summarized in Table 1; the description of the calculations for each
stock and management group can be found below.
Table 1--2020 Proposed Quotas and Opening Dates for the Atlantic Shark Management Groups
[All quotas and landings are dressed weight (dw), in metric tons (mt), unless specified otherwise. Table includes landings data as of September 13,
2019; final quotas are subject to change based on landings as of late October to mid-November 2019. 1 mt = 2,204.6 lb]
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Preliminary
Region or sub-region Management group 2019 annual 2019 landings Adjustments \2\ 2020 base 2020 proposed Season opening
quota \1\ annual quota annual quota dates
(A)............ (B)............ (C)............ (D)............ (D + C)........
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Western Gulf of Mexico....... Blacktip Sharks 250.8 mt dw 62.2 mt dw 127.9 mt dw 231 mt dw 358.9 mt dw January 1, 2020.
\3\. (552,919 lb (137,118 lb (281,899.8 lb (510,261 lb (792,161 lb
dw)\5\. dw). dw). dw). dw).
Aggregated \4\ 22.0 mt dw 11.7 mt dw ............... 72.0 mt dw 72.0 mt dw
Large Coastal (48,501 lb dw) (25,805 lb dw). (158,724 lb (158,724 lb
Sharks. \5\. dw). dw).
Hammerhead 3.9 mt dw
The 2020 proposed commercial quota for hammerhead sharks in the
Atlantic region is 27.1 mt dw (59,736 lb dw). Currently, the hammerhead
shark fishery in the Atlantic region is still open and preliminary
landings as of September 13, 2019, indicate that 34 percent of the
Atlantic regional quota, or 9.3 mt dw, has been harvested. Reported
landings from both Gulf of Mexico and Atlantic regions have not
exceeded the 2019 overall hammerhead quota to date. Given the
overfished status of hammerhead sharks, underharvests cannot be carried
forward pursuant to Sec. 635.27(b)(2)(ii). Therefore, based on both
preliminary estimates and catch rates from previous years, and
consistent with the current regulations at Sec. 635.27(b)(2), NMFS
proposes that the 2020 quota for hammerhead sharks in the Atlantic
region be equal to the annual base quota without adjustment, because
the overall hammerhead shark quota has not been overharvested, and
because underharvests cannot be carried over due to stock status.
The 2020 proposed commercial quota for non-blacknose SCS in the
Atlantic region is 264.1 mt dw (582,333 lb dw). As of September 13,
2019, preliminary reported landings of non-blacknose SCS
[[Page 49239]]
were at 32 percent (83.8 mt dw) of their 2019 quota level in the
Atlantic region. Reported landings have not exceeded the 2019 quota to
date. Given the unknown status of bonnethead sharks within the Atlantic
non-blacknose SCS management group, underharvests cannot be carried
forward pursuant to Sec. 635.27(b)(2)(ii). Therefore, based on
preliminary estimates of catch rates from previous years, and
consistent with the current regulations at Sec. 635.27(b)(2), NMFS
proposes that the 2020 quota for non-blacknose SCS in the Atlantic
region be equal to the annual base quota without adjustment, because
there have not been any overharvests, and because underharvests cannot
be carried over due to stock status.
The 2019 proposed commercial quota for blacknose sharks in the
Atlantic region is 17.2 mt dw (37,921 lb dw). This quota is available
in the Atlantic region only for those vessels operating south of
34[deg] N latitude. North of 34[deg] N latitude, retention, landing, or
sale of blacknose sharks is prohibited. As of September 13, 2019,
preliminary reported landings of blacknose sharks were at 46 percent
(7.9 mt dw) of their 2019 quota levels in the Atlantic region. Reported
landings have not exceeded the 2019 quota to date. Pursuant to Sec.
635.27(b)(2), because blacknose sharks have been declared to be
overfished with overfishing occurring in the Atlantic region, NMFS
could not carry forward the remaining underharvest. Therefore, NMFS
proposes that the 2020 Atlantic blacknose shark quota be equal to the
annual base quota without adjustment.
The 2020 proposed commercial quota for smoothhound sharks in the
Atlantic region is 1,802.6 mt dw (3,973,902 lb dw). As of September 13,
2019, preliminary reported landings of smoothhound sharks were at 16
percent (279.6 mt dw) of their 2019 quota levels in the Atlantic
region. Atlantic smoothhound sharks have not been declared to be
overfished, to have overfishing occurring, or to have an unknown
status. Pursuant to Sec. 635.27(b)(2)(ii), underharvests for
smoothhound sharks within the Atlantic region therefore could be
applied to the 2020 quotas up to 50 percent of the base annual quota.
Accordingly, NMFS proposes to increase the 2020 Atlantic smoothhound
shark quota to adjust for anticipated underharvests in 2019 as allowed.
The proposed 2020 adjusted base annual quota for Atlantic smoothhound
sharks is 1,802.6 mt dw (1,201.7 mt dw annual base quota + 600.9 mt dw
2019 underharvest = 1,802.6 mt dw 2020 adjusted annual quota).
3. Proposed 2020 Quotas for Shark Management Groups With No Regional
Quotas
The 2020 proposed commercial quotas within the shark research
fishery are 50 mt dw (110,230 lb dw) for research LCS and 90.7 mt dw
(199,943 lb dw) for sandbar sharks. Within the shark research fishery,
as of September 13, 2019, preliminary reported landings of research LCS
were at 20 percent (10.1 mt dw) of their 2019 quota levels, and sandbar
shark reported landings were at 56 percent (50.6 mt dw) of their 2019
quota levels. Reported landings have not exceeded the 2019 quotas to
date. Under Sec. 635.27(b)(2)(ii), because sandbar sharks and
scalloped hammerhead sharks within the research LCS management group
are either not overfished or overfishing is not occurring,
underharvests for these management groups cannot be carried forward to
the 2020 quotas. Therefore, based on preliminary estimates, and
consistent with the current regulations at Sec. 635.27(b)(2), NMFS
proposes that the 2020 quota in the shark research fishery be equal to
the annual base quota without adjustment because there have not been
any overharvests, and because underharvests cannot be carried over due
to stock status.
The 2020 proposed commercial quotas for blue sharks, porbeagle
sharks, and pelagic sharks (other than porbeagle or blue sharks) are
273.0 mt dw (601,856 lb dw), 1.7 mt dw (3,748 lb dw), and 488.0 mt dw
(1,075,856 lb dw), respectively. As of September 13, 2019, there were
no preliminary reported landings of blue sharks, porbeagle shark
reported landings were at www.regulations.gov or by mail. NMFS solicits comments on this proposed
rule by October 10, 2019 (see DATES and ADDRESSES). As noted above,
NMFS is specifically asking for comments on three distinct issues--the
initial LCS retention limit in the Gulf of Mexico region, the level of
landings at which NMFS considers adjusting the retention limit for the
Atlantic region, and the initial LCS retention limit in the Atlantic
region.
Classification
The NMFS Assistant Administrator has determined that the proposed
rule is consistent with the 2006 Consolidated Atlantic HMS FMP and its
amendments, the Magnuson-Stevens Act, and other applicable law, subject
to further consideration after public comment.
These proposed specifications are exempt from review under
Executive Order 12866.
NMFS determined that the final rules to implement Amendment 2 to
the 2006 Consolidated Atlantic HMS FMP (June 24, 2008, 73 FR 35778;
corrected on July 15, 2008, 73 FR 40658), Amendment 5a to the 2006
Consolidated Atlantic HMS FMP (78 FR 40318; July 3, 2013), Amendment 6
to the 2006 Consolidated Atlantic HMS FMP (80 FR 50073; August 18,
2015), and Amendment 9 to the 2006 Consolidated Atlantic HMS FMP (80 FR
73128; November 24, 2015) are consistent to the maximum extent
practicable with the enforceable policies of the approved coastal
management program of coastal states on the Atlantic including the Gulf
of Mexico and the Caribbean Sea as required under the Coastal Zone
Management Act. Pursuant to 15 CFR 930.41(a), NMFS provided the Coastal
Zone Management Program of each coastal state a 60-day period to review
the consistency determination and to advise NMFS of their concurrence.
NMFS received concurrence with the consistency determinations from
several states and inferred consistency from those states that did not
respond within the 60-day time period. This proposed action to
establish opening dates and adjust quotas for the 2020 fishing year for
the Atlantic commercial shark fisheries does not change the framework
previously consulted upon. Therefore, no additional consultation is
required.
An initial regulatory flexibility analysis (IRFA) was prepared, as
required by section 603 of the Regulatory Flexibility Act (RFA). The
IRFA describes the economic impact this proposed rule, if adopted,
would have on small entities. The IRFA analysis follows.
Section 603(b)(1) of the RFA requires agencies to explain the
purpose of the rule. This rule, consistent with the Magnuson-Stevens
Act and the 2006 Consolidated Atlantic HMS FMP and its amendments, is
being proposed to establish the 2020 commercial shark fishing quotas,
retention limits, and fishing seasons. Without this rule, the
commercial shark fisheries would close on December 31, 2019, and would
not open until another action was taken. This proposed rule would be
implemented according to the regulations implementing the 2006
Consolidated Atlantic HMS FMP and its amendments. Thus, NMFS proposes
few, if any, economic impacts to fishermen other than those already
analyzed in the 2006 Consolidated Atlantic HMS FMP and its amendments,
based on the quota adjustments.
Section 603(b)(2) of the RFA requires agencies to explain the
rule's objectives. The objectives of this rule are to: Adjust the base
quotas for all shark management groups based on any overharvests and/or
underharvests from the previous fishing year(s); establish the opening
dates of the various management groups; and establish the retention
limits for the blacktip shark, aggregated large coastal shark, and
hammerhead shark management groups in order to provide, to the extent
practicable, equitable opportunities across the fishing management
regions and/or sub-regions while also considering the ecological needs
of the different shark species.
Section 603(b)(3) of the RFA requires agencies 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 this 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
[[Page 49243]]
holders to be small entities because they had average annual receipts
of less than $11 million for commercial fishing.
As of September 2019, the proposed rule would apply to the
approximately 219 directed commercial shark permit holders, 262
incidental commercial shark permit holders, 162 smoothhound shark
permit holders, and 106 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
481 directed and incidental commercial shark permit holders, only 12
permit holders landed sharks in the Gulf of Mexico region and only 69
landed sharks in the Atlantic region. Of the 154 smoothhound shark
permit holders, only 61 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 proposed rule would not
likely affect any small governmental jurisdictions.
This proposed rule does not contain any new reporting,
recordkeeping, or other compliance requirements (5 U.S.C. 603(b)(4)).
Similarly, this proposed rule would not conflict, duplicate, or overlap
with other relevant Federal rules (5 U.S.C. 603(b)(5)). Fishermen,
dealers, and managers in these fisheries must comply with a number of
international agreements as domestically implemented, domestic laws,
and FMPs. These include, but are not limited to, the Magnuson-Stevens
Act, the Atlantic Tunas Convention Act, the High Seas Fishing
Compliance Act, the Marine Mammal Protection Act, the Endangered
Species Act, the National Environmental Policy Act, the Paperwork
Reduction Act, and the Coastal Zone Management Act.
Section 603(c) of the RFA requires each IRFA to contain a
description of any significant alternatives to the proposed rule, which
would accomplish the stated objectives of applicable statutes and
minimize any significant economic impact of the proposed rule on small
entities. Additionally, the RFA (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 proposed rule, consistent with the Magnuson-Stevens
Act, NMFS cannot exempt small entities or change the reporting
requirements only for small entities, because all of the entities
affected are considered small entities. In addition, 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 management measures to be
implemented, but rather implements previously adopted and analyzed
measures with adjustments, as specified in the 2006 Consolidated
Atlantic HMS FMP and its amendments and the Environmental Assessment
(EA) that accompanied the 2011 shark quota specifications rule (75 FR
76302; December 8, 2010). Thus, NMFS proposes to adjust quotas
established and analyzed in the 2006 Consolidated Atlantic HMS FMP and
its amendments by subtracting the underharvest or adding the
overharvest as allowable. Thus, NMFS has limited flexibility to modify
the quotas in this rule, the impacts of which were analyzed in previous
regulatory flexibility analyses.
Based on the 2018 ex-vessel price (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 is proposing to increase the base 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 $232,674 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 $41,513 gain in total revenues for
fishermen in that sub-region. For the Gulf of Mexico and Atlantic
smoothhound shark management groups, NMFS is proposing to increase the
base 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 Atlantic HMS FMP
and its amendments. The final regulatory flexibility analyses for those
amendments concluded that the economic impacts on these small entities
are expected to be minimal. In the 2006 Consolidated Atlantic 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
underharvests and overharvests at that time.
Table 3--Average Ex-Vessel Prices per lb dw for Each Shark Management Group, 2018
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Average ex- Average ex-
Region Species vessel meat vessel fin
price price
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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
[[Page 49244]]
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
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For this rule, NMFS also reviewed the criteria at Sec.
635.27(b)(3) to determine when opening each fishery would provide
equitable opportunities for fishermen, to the extent practicable, while
also considering the ecological needs of the different species. The
opening dates of the fishing season(s) could vary depending upon the
available annual quota, catch rates, and number of fishing participants
during the year. For the 2020 fishing year, NMFS is proposing to open
all of the shark management groups on the effective date of the final
rule for this action (expected to be on or about January 1). The direct
and indirect economic impacts would be neutral on a short- and long-
term basis because NMFS is not proposing to change the opening dates of
these fisheries from the status quo.
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
Dated: September 16, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019-20249 Filed 9-18-19; 8:45 am]
BILLING CODE 3510-22-P
