"The National Marine Fisheries Service (NMFS) is amending the 2006 Consolidated Atlantic HMS Fishery Management Plan (FMP) based on several stock assessments that were completed in 2007 and 2008. After considering comments received during scoping and on a Predraft document, NMFS released the Draft Environmental Impact Statement (DEIS) and proposed rule on July 24, 2009 (74 FR 36706 and 74 FR 36892). The DEIS and proposed rule considered measures to reduce fishing mortality and effort in order to rebuild overfished Atlantic shark species while ensuring that a limited shark fishery could be maintained. Additionally, NMFS proposed adding smooth dogfish under NMFS management due to growing concerns regarding the status of this unmanaged species. The Final Environmental Impact Statement (FEIS) describes a range of alternatives that could impact shark fishermen and dealers including modifying commercial quotas, modifying commercial gear restrictions, establishing a rebuilding plan for overfished stocks, establishing measures to prevent overfishing, modifying recreational measures, and establishing management measures for smooth dogfish"--Abstract.

The National Marine Fisheries Service is amending the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan based on several shark stock assessments that were completed from 2009 to 2012. The assessments for Atlantic blacknose, dusky, and scalloped hammerhead sharks indicated that these species are overfished and experiencing overfishing. The assessment for sandbar sharks indicated that this species is overfished, but not experiencing overfishing. The assessment for Gulf of Mexico blacktip sharks indicated that the stock is not overfished and not experiencing overfishing. NMFS did not accept the assessment for Gulf of Mexico blacknose sharks; therefore, the overfished and overfishing statuses have been determined to be unknown. After considering comments received during scoping and on a Predraft document, the Notice of Availability of the Draft Environmental Impact Statement (DEIS) for Amendment 5 and the proposed rule published in the Federal Register on December 7, 2012 (77 FR 73029), and November 26, 2012 (77 FR 70552), respectively. The DEIS and proposed rule considered measures to reduce fishing mortality and effort in order to rebuild overfished Atlantic shark species while ensuring that a limited shark fishery can be maintained, consistent with all legal obligations. The Final Environmental Impact Statement (FEIS) describes a range of alternatives that could impact shark fishermen and dealers, including new commercial quota limits consistent with stock assessment recommendations to prevent overfishing and rebuild overfished stocks and modification of recreational measures to limit the retention of overfished stocks. The DEIS also considered measures for dusky sharks to end overfishing and rebuild the stock based on a recent stock assessment, but after considering public comment, NMFS has decided that these measures require further analyses, which NMFS will conduct in an upcoming separate proposed action.

Final Amendment 9 to the 2006 Consolidated Highly Migratory Species Fishery Management Plan establishes smoothhound shark annual quotas based on recent stock assessments, implements the smoothhound shark-specific requirements of the 2012 Shark Biological Opinion, and modifies current regulations related to the use of Vessel Monitoring Systems by Atlantic shark fishermen using gillnet gear. Except for certain Shark Conservation Act of 2010 (P.L. 111-348) (SCA) provisions, which apply only to smooth dogfish (Mustelus canis), the management measures in Final Amendment 9 address "smoothhound sharks," which for purposes of this Amendment include smooth dogfish (Mustelus canis), Florida smoothhound (M. sinusmexicanus), and Gulf smoothhound (M. norrisi). The Final Amendment also implements the smooth dogfish-specific provisions in the SCA. The SCA requires that all sharks landed in the United States be landed with their fins and tail naturally attached to the carcass but includes a limited exception for smooth dogfish. For the federal Atlantic shark fisheries, current regulations already require all sharks to be landed with all fins naturally attached to the carcass, and the SCA's fins-attached requirement is being implemented nationwide through a separate ongoing rulemaking. Thus, this Final Amendment addresses only the provision contained in the SCA that allows at-sea fin removal of Atlantic smooth dogfish. The action will also establish an effective date for previously-adopted shark management measures finalized in Amendment 3 to the 2006 consolidated HMS FMP and the 2011 HMS Trawl Rule, although those measures were not developed through the Amendment 9 process.