Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Proposed Rules 39017

DEPARTMENT OF COMMERCE download and run a plug-in program according to the ICCAT Standing that will enable them to view the Committee for Research and Statistics National Oceanic and Atmospheric webinar. (SCRS), biomass of northwest Atlantic Administration You may submit comments on this and northeast Atlantic porbeagle sharks document, identified by NOAA–NMFS– is depleted to well below the biomass at 50 CFR Part 635 2016–0066, by any of the following maximum sustainable yield, but recent [Docket No. 160328287–6486–01] methods: fishing mortality is below the fishing • Electronic Submission: Submit all mortality at maximum sustainable yield RIN 0648–BF94 electronic public comments via the (i.e., the stocks are overfished but Federal e-Rulemaking Portal. Go to overfishing is not occurring). Atlantic Highly Migratory Species www.regulations.gov/#!docketDetail;D= Recommendation 15–06 further notes (HMS); Porbeagle Shark Management NOAA-NMFS-2016-0066, click the that the 2008 and 2012 Ecological Risk Measures ‘‘Comment Now!’’ icon, complete the Assessments concluded that porbeagle AGENCY: National Marine Fisheries required fields, and enter or attach your shark was among the most vulnerable of Service (NMFS), National Oceanic and comments. shark species, which, even at low • Atmospheric Administration (NOAA), Mail: Submit written comments to fishing mortality levels, makes it more Commerce. Margo Schulze-Haugen, Chief, Atlantic susceptible to overfishing. Thus, HMS Management Division at 1315 Recommendation 15–06 was adopted by ACTION: Proposed rule; request for comments. East-West Highway, Silver Spring, MD ICCAT to reduce fishing mortality of 20910. porbeagle sharks caught in association SUMMARY: NMFS is proposing to Instructions: Comments sent by any with ICCAT fisheries in order to reduce implement the International other method, to any other address or porbeagle shark fishing even further, Commission for the Conservation of individual, or received after the end of and thus assist in rebuilding stocks Atlantic Tunas (ICCAT) the comment period, may not be which are currently overfished. Recommendation 15–06 regarding considered by NMFS. All comments In this proposed rule, NMFS porbeagle sharks (Lamna nasus) caught received are a part of the public record considers changes to the regulations at in association with ICCAT fisheries. and will generally be posted for public 50 CFR part 635 consistent with Recommendation 15–06 requires, viewing on www.regulations.gov Recommendation 15–06. Specifically, among other things, fishing vessels to without change. All personal identifying NMFS is proposing regulatory changes promptly release unharmed, to the information (e.g., name, address, etc.), that would require fishermen to release extent practicable, porbeagle sharks confidential business information, or unharmed, to the extent practicable, any caught in association with ICCAT otherwise sensitive information live porbeagle sharks that are caught in fisheries when brought alive alongside submitted voluntarily by the sender will association with ICCAT fisheries, for taking on board the vessel. This be publicly accessible. NMFS will including commercial fishermen that action would affect fishermen fishing in accept anonymous comments (enter ‘‘N/ use pelagic longline gear or recreational the commercial HMS pelagic longline A’’ in the required fields if you wish to fishermen that hold an HMS fishery and the HMS recreational remain anonymous). recreational permit and retain tunas, fisheries for tunas, swordfish, and FOR FURTHER INFORMATION CONTACT: swordfish, or billfish. The proposed billfish in the Atlantic Ocean, including Larry Redd, Carrie Soltanoff, or Karyl regulations would not affect HMS the Caribbean Sea and Gulf of Mexico. Brewster-Geisz by phone at 301–427– recreational fishermen who retain This action would implement an ICCAT 8503. sharks and do not retain tunas, recommendation, consistent with the swordfish, or billfish, since such fishing SUPPLEMENTARY INFORMATION: Atlantic would not be ‘‘in association with’’ Atlantic Tunas Convention Act (ATCA), HMS are managed under the 2006 and would further domestic fishing for tuna and tuna-like species. Consolidated HMS Fishery Management Currently, very few porbeagle sharks management objectives under the Plan (FMP). Implementing regulations at are kept annually by commercial and Magnuson-Stevens Fishery 50 CFR part 635 are issued under the recreational HMS fishermen, as shown Conservation and Management Act authority of the Magnuson-Stevens by analysis of data collected from 2010 (Magnuson-Stevens Act). Fishery Conservation and Management through 2015. HMS pelagic longline DATES: Written comments must be Act (Magnuson-Stevens Act), 16 U.S.C. fishery logbook data indicate that 3 to received by July 15, 2016. An operator- 1801 et seq., and Atlantic Tunas 23 porbeagle sharks were retained assisted public conference call and Convention Act (ATCA), 16 U.S.C. 927 annually from 2010 through 2012 and webinar will be held on July 5, 2016, et seq. ATCA requires the Secretary of no porbeagle sharks were retained from from 1:00 p.m. to 3:00 p.m., EST. Commerce (Secretary) to promulgate 2013 through 2015. According to HMS ADDRESSES: The conference call regulations as may be necessary and logbook data, of the porbeagle sharks information is phone number 1 (888) appropriate to implement ICCAT that were caught, on average 554 989–4573; participant passcode recommendations. porbeagle sharks were released alive 9905999. Participants are strongly At its 24th Annual Meeting in 2015, each year (approximately 74 percent of encouraged to log/dial in fifteen ICCAT adopted Recommendation 15–06 those caught) and 193 were released minutes prior to the meeting. NMFS on ‘‘Porbeagle [Sharks] Caught in dead each year (approximately 26 will show a brief presentation via Association with ICCAT Fisheries.’’ percent of those caught). Pelagic webinar followed by public comment. Recommendation 15–06 requires, Observer Program (POP) data from 2010 To join the webinar go to: https:// among other things, fishing vessels through 2015 show similar trends. noaaevents2.webex.com/noaaevents2/ ‘‘. . . to promptly release unharmed, to Specifically, POP data indicate that no onstage/g.php?MTID=e0db6c21990 the extent practicable, porbeagle sharks porbeagle sharks were kept from 2010 ed890e2857b1eb1746cd71, event caught in association with ICCAT through 2014 and one porbeagle shark password: NOAA, event number: 990 fisheries when brought alive alongside was kept in 2015 (likely misidentified as 192 262. Participants that have not used for taking on board the vessel.’’ a shortfin mako by the vessel owner). Of WebEx before will be prompted to Recommendation 15–06 notes that, those observed caught, on average 66

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porbeagle sharks were released alive under the proposed rule, these few Classification each year (approximately 63 percent of porbeagle sharks may still be retained The NMFS Assistant Administrator those caught) and 36 were discarded by all fishermen if the sharks are dead has determined that the proposed rule is dead per year (approximately 34 percent when brought to the vessel. consistent with the 2006 Consolidated of those caught). Thus, according to Furthermore, because the commercial HMS FMP and its amendments, the HMS logbook and POP data, and recreational data indicate that Magnuson-Stevens Act, ATCA, and approximately 97 percent of porbeagle fishermen already release 90 to 97 other applicable law, subject to further sharks were released (alive and dead) percent of porbeagle sharks, it is consideration after public comment. from 2010–2015. unlikely that a requirement to release This proposed rule has been Based on recreational data collected live sharks would result in social or determined to be not significant for the from the Large Pelagics Survey (LPS), economic impacts on fishermen fishing purposes of Executive Order 12866. which covers federal and state waters in association with ICCAT fisheries. NMFS has made a preliminary from Virginia to Maine, from 2010 Therefore, this action is expected to determination that this action qualifies through 2015, NMFS estimates that on have neutral socioeconomic impacts. to be categorically excluded from the average 86 porbeagle sharks were kept Request for Comments requirement to prepare an annually and 746 were released alive, environmental assessment in NMFS is requesting comments on this for an average annual release of accordance with NMFS’ Environmental proposed rule which would require approximately 90 percent. LPS data Review Procedures for Implementing commercial and recreational HMS indicate that no porbeagle sharks were the National Environmental Policy Act discarded dead between 2010 and 2015. fishing vessels fishing in ICCAT (NOAA Administrative Order 216–6), Specific to HMS Charter/Headboat fisheries to release unharmed, to the subject to further consideration after vessels, NMFS estimates that on average extent practicable, porbeagle sharks that public comment. Section 6.03a.3.(b)(1) 15 porbeagle sharks were kept annually are alive when brought alongside a of the Administrative Order specifies and 146 were released, for an average vessel. Comments on this proposed rule that an action may be categorically annual release of approximately 91 may be submitted via http:// excluded from further NEPA analysis percent. It is unknown whether the www.regulations.gov, or by mail. where, ‘‘the action is an amendment or porbeagle sharks that were kept were Written comments must be received by change to a previously analyzed and dead or alive when brought to the July 15, 2016. Please see the ADRRESSES approved action and the proposed vessel. section for more information about Under current regulations, submitting comments. change has no effect individually or commercial and recreational HMS cumulatively on the human Public Conference Call and Webinar fishermen that operate in ICCAT environment. . . .’’ In Amendment 2 to fisheries are authorized to retain any NMFS is requesting comments on the the 2006 Consolidated HMS FMP, porbeagle shark, regardless of whether measures and analyses described in this NMFS adopted a rebuilding plan and the shark is dead or alive at haulback. proposed rule. During the comment TAC for porbeagle sharks, which were Even so, most fishermen keep very few period, NMFS will hold one conference overfished but without overfishing porbeagle sharks and 90 percent or more call and webinar for this proposed rule. occurring. Through the amendment, a of porbeagle sharks are released. Under The conference call and webinar will be commercial quota of 1.7 mt dw was the proposed rule, all live porbeagle held on July 5, 2016, from 1:00–3:00 established, and NMFS estimated that sharks would have to be released by p.m. EST. Please see the DATES and commercial discards would be commercial and recreational HMS ADDRESSES headings for more approximately 9.5 mt dw, and fishermen operating in ICCAT fisheries, information. The public is reminded recreational catch, including landings in as determined by the permits they hold that NMFS expects participants on tournaments, would be approximately or, in the case of recreational fisheries, phone conferences to conduct 0.1 mt dw per year. The overall TAC of whether they have also retained tuna- themselves appropriately. At the 11.3 mt dw was adopted to increase the like species on a given trip. Because so beginning of the conference call, a likelihood that fishing mortality would few porbeagle sharks are kept now, representative of NMFS will explain the remain low, allowing the stock to NMFS expects that this proposed rule ground rules (e.g., all comments are to rebuild within 100 years as set out in a would have little ecological impact. If be directed to the agency on the rebuilding plan in the Final there are any ecological impacts, those proposed action; attendees will be Environmental Impact Statement. The impacts would be beneficial, and would called to give their comments in the final rule acknowledged that while only apply to those few sharks that order in which they registered to speak; some bycatch of porbeagle sharks would otherwise would have been retained each attendee will have an equal continue, the majority of porbeagle rather than released alive amount of time to speak; attendees may sharks caught are discarded alive. This (approximately 23 sharks kept in the not interrupt one another; etc.). NMFS action implementing ICCAT commercial pelagic longline fishery representative(s) will structure the Recommendation 15–06 only slightly before 2013 and the approximately 86 meeting so that all attending members of modifies the fishing practices analyzed sharks kept annually in HMS the public will be able to comment, if in an extensive Environmental Impact recreational fisheries). Additionally, they so choose, regardless of the Statement for Amendment 2 to require among the approximately 86 porbeagle controversial nature of the subject(s). the release of sharks, all but a handful sharks retained annually in HMS Attendees are expected to respect the of which are already being released recreational fisheries, those ecological ground rules, and those that do not may under the management measures benefits would apply only when be removed from the conference call. previously adopted and analyzed. Thus, fishermen were also retaining tunas, Public hearings on this proposed rule this action is properly considered a swordfish, or billfish; if the porbeagle are not currently scheduled. If you minor change to a previously-analyzed sharks were caught by fishermen not would like to request a public hearing, and approved action (Amendment 2 to retaining tunas, swordfish, or billfish, please contact Larry Redd, Carrie the 2006 Consolidated HMS FMP; 73 FR porbeagle sharks could still be retained Soltanoff, or Karyl Brewster-Geisz by 40658; July 15, 2008), and one which is under this proposed rule. Similarly, phone at 301–427–8503. expected to have no effect individually

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or cumulatively on the human that deploy pelagic longline gear and caught) and 36 were discarded dead per environment. HMS Angling and Charter/Headboat year (approximately 34 percent of those NMFS determined that this proposed (CHB) vessels that retain tunas, caught). Thus, according to HMS rule, if adopted, would not affect the swordfish, or billfish. The proposed logbook and Pelagic Observer Program coastal zone of any state, and a negative regulations would not affect HMS- data, approximately 97 percent of determination pursuant to 15 CFR permitted fishermen who do not retain porbeagle sharks were released (alive 930.35 is not required. Therefore, tunas, swordfish, or billfish. and dead) from 2010–2015. pursuant to 15 CFR 930.33(a)(2), NMFS has estimated that, as of Based on recreational data collected coordination with appropriate state October 2015, 280 vessels were issued from the Large Pelagics Survey (LPS), agencies under section 307 of the CZMA an Atlantic Tunas Longline permit and which covers federal and state waters is not required. Since 90 to 97 percent can be reasonably assumed to use from Virginia to Maine, from 2010 of porbeagle sharks in the U.S. HMS pelagic longline gear, and could be through 2015, NMFS estimates that on fisheries currently are released, this affected by this action. Of the 3,596 average 86 porbeagle sharks were kept rule, if adopted, is not expected to result vessels that were issued an Atlantic annually and 746 were released alive by in ecological, social, or economic HMS CHB permit only those vessels that Atlantic HMS recreational vessels, for impacts beyond the few additional retain porbeagle sharks at the same time an average annual release of sharks that will be released alive as a as tunas, swordfish, or billfish would be approximately 90 percent. LPS data result. Given the high vulnerability of affected by this action. Between 2010 indicate that no porbeagle sharks were the species at low fishing mortality, this and 2015, fewer than one percent of discarded dead between 2010 and 2015. proposed rule would assist in the CHB vessels issued permits retained Specific to CHB vessels, NMFS overall reduction of fishing mortality for porbeagle sharks; NMFS does not know estimates that on average approximately porbeagle sharks in the Northwest how many of those that retained 15 porbeagle sharks were kept annually Atlantic. Although interactions between porbeagle sharks also retained tunas, and 146 were released, for an average U.S. fleets and porbeagle sharks are swordfish, or billfish during the same annual release of approximately 91 minor, because the ICCAT measure was trip. As such, NMFS estimates that, at percent. It is unknown whether the adopted by multiple parties, U.S. most, fewer than one percent of all CHB porbeagle sharks that were kept were compliance in addition to compliance vessels would be affected by this action. dead or alive when brought to the by other nations would provide long- Those Atlantic HMS CHB vessels that vessel. term benefits for the Atlantic-wide do not retain porbeagle sharks or that do porbeagle stock. not retain tunas, swordfish, or billfish HMS dealer data indicate that total The Chief Counsel for Regulation of would not be affected by this action. ex-vessel revenues from porbeagle the Department of Commerce certified Most commercial pelagic longline and sharks caught on pelagic longline gear to the Chief Counsel for Advocacy of the Atlantic HMS CHB vessels have not ranged from approximately $560 per Small Business Administration that this historically interacted with porbeagle year to $4,040 per year from 2010 proposed rule to implement ICCAT sharks as detailed below. through 2012. From 2013 through 2015, Recommendation 15–06 on porbeagle For the purpose of this analysis, all no porbeagle sharks were kept and no sharks, if adopted, would not have a fishermen affected by this rule are resulting revenue was earned. Thus, this significant economic impact on a considered small entities based on the action would likely not result in substantial number of small entities historical levels of revenue earned by significant operational changes or under section 605(b) of the Regulatory these fishing vessels. HMS pelagic adverse socioeconomic impacts on Flexibility Act (RFA). longline fishery logbook data indicate commercial HMS fishermen. This As discussed above, this proposed that 3 to 23 porbeagle sharks were proposed rule is intended to ensure U.S. rule is necessary to implement ICCAT retained annually by four vessels from compliance with ICCAT recommendations, as required by 2010 through 2012 and no porbeagle Recommendation 15–06 and would ATCA, and to achieve domestic sharks were retained from 2013 through continue to be consistent with the management objectives under the 2015. From 2010 through 2015, vessels objectives of the 2006 Consolidated Magnuson-Stevens Act. Under ATCA, made an average of 1,386 trips per year. Atlantic HMS FMP and its amendments, the Secretary shall promulgate such Only 18 of those trips on average as well as other requirements. Because regulations as may be necessary and interacted with porbeagle sharks this proposed rule, if implemented, appropriate to carry out ICCAT (approximately 1 percent of all trips). would not have a significant economic recommendations. The proposed action According to HMS logbook data, of the impact on a substantial number of small considers implementing ICCAT porbeagle sharks that were caught, on entities, an initial regulatory flexibility Recommendation 15–06 on porbeagle average 554 were released alive each analysis is not required and none has sharks, in the Atlantic HMS fisheries year (approximately 74 percent of those been prepared. that target tuna and tuna-like species caught) and 193 were released dead List of Subjects in 50 CFR Part 635 because the National Marine Fisheries each year (approximately 26 percent of Service (NMFS) considers these those caught). Pelagic Observer Program Fisheries, Fishing, Fishing vessels, fisheries to be ‘‘ICCAT-managed (POP) data from 2010 through 2015 Foreign relations, Imports, Penalties, fisheries.’’ show similar trends. Specifically, POP Reporting and recordkeeping ICCAT Recommendation 15–06 data indicate that no porbeagle sharks requirements, Treaties. requires, among other things, fishing were kept from 2010 through 2014 and Dated: June 9, 2016. vessels ‘‘. . . to promptly release one porbeagle shark was kept in 2015. unharmed, to the extent practicable, NMFS believes that this one porbeagle Samuel D. Rauch III, porbeagle sharks caught in association shark reported by the observer was Deputy Assistant Administrator for with ICCAT fisheries when brought likely misidentified as a shortfin mako Regulatory Programs, National Marine Fisheries Service. alive alongside for taking on board the by the vessel owner. Of those observed vessel.’’ The regulatory changes would caught, on average 66 porbeagle sharks For the reasons set out in the affect HMS vessels that catch sharks in were released alive each year preamble, 50 CFR part 635 is proposed ICCAT fisheries on commercial vessels (approximately 63 percent of those to be amended as follows:

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PART 635—ATLANTIC HIGHLY (3) Vessels issued an HMS General issued both an HMS Charter/Headboat MIGRATORY SPECIES Category permit under § 635.4(d) that permit and a commercial shark permit are participating in an HMS registered when tuna, swordfish, or billfish are on ■ 1. The authority citation for part 635 tournament, vessels issued a HMS board the vessel, offloaded from the continues to read as follows: Angling category permit under vessel, or being offloaded from the Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. § 635.4(c), or vessels issued a HMS vessel, are required to release 1801 et seq. Charter/Headboat permit under unharmed, to the extent practicable, ■ 2. In § 635.21, add paragraph (c)(1)(iii) § 635.4(b) are required to release porbeagle sharks that are alive at the to read as follows: unharmed, to the extent practicable, time of haulback. porbeagle sharks that are alive at the * * * * * § 635.21 Gear operation and deployment time of haulback if swordfish, tuna, or restrictions. billfish are retained or possessed on ■ 5. In § 635.71, add paragraph (d)(20) * * * * * board, or offloaded from, the vessel to read as follows: (c) * * * during that trip. § 635.71 Prohibitions. (1) * * * * * * * * * * * * * (iii) Has pelagic longline gear on ■ 4. In § 635.24, add paragraph (a)(10) to board, persons aboard that vessel are read as follows: (d) * * * required to release unharmed, to the (20) Retain, possess, or land porbeagle extent practicable, porbeagle sharks that § 635.24 Commercial retention limits for sharks that were alive at the time of are alive at the time of haulback. sharks, swordfish, and BAYS tunas. haulback as specified in * * * * * * * * * * §§ 635.21(c)(1)(iii), 635.22(a)(3), and ■ (a) * * * 3. In § 635.22, add paragraph (a)(3) to 635.24(a)(10). read as follows: (10) Notwithstanding other provisions in this paragraph (a), vessels issued a * * * * * § 635.22 Recreational retention limits. permit under this part that have pelagic [FR Doc. 2016–14081 Filed 6–14–16; 8:45 am] (a) * * * longline gear on board or on vessels BILLING CODE 3510–22–P

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