Atlantic Highly Migratory Species; 2021 Atlantic Shark Commercial Fishing Year, 77007-77013 [2020-26341]
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Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Rules and Regulations
rule will not have a significant impact
on the operations of a substantial
number of small rural hospitals.
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VI. Unfunded Mandates
Section 202 of the Unfunded
Mandates Reform Act of 1995 (UMRA)
requires that agencies assess anticipated
costs and benefits and take certain other
actions before issuing a proposed rule
that includes any federal mandate that
may result in expenditures in any 1 year
by state, local, or Tribal governments, in
the aggregate, or by the private sector, of
$100 million in 1995 dollars, updated
annually for inflation. In 2020, that
threshold is approximately $156
million. Although we have not been
able to quantify all costs, we expect the
combined impact on state, local, or
Tribal governments and the private
sector to be below the threshold.
VII. Federalism
Executive Order 13132 establishes
certain requirements that an agency
must meet when it issues a proposed
rule that imposes substantial direct
costs on state and local governments,
preempts state law, or otherwise has
federalism implications.
In compliance with the requirement
of Executive Order 13132 that agencies
examine closely any policies that may
have federalism implications or limit
the policymaking discretion of the
states, we have engaged in efforts to
consult with and work cooperatively
with affected states, including
participating in conference calls with
and attending conferences of the
National Association of Insurance
Commissioners, and consulting with
state insurance officials on an
individual basis.
While developing this final rule, we
attempted to balance the states’ interests
in regulating health insurance issuers
with the need to ensure market stability
and adopt refinements to HHS–RADV
standards. By doing so, it is our view
that we have complied with the
requirements of Executive Order 13132.
Because states have flexibility in
designing their Exchange and Exchangerelated programs, state decisions will
ultimately influence both administrative
expenses and overall premiums. States
are not required to establish an
Exchange or risk adjustment program.
HHS operates risk adjustment on behalf
of any state that does not elect to do so.
Beginning with the 2017 benefit year,
HHS has operated risk adjustment for all
50 states and the District of Columbia.
In our view, while this final rule
would not impose substantial direct
requirement costs on state and local
governments, it has federalism
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implications due to direct effects on the
distribution of power and
responsibilities among the state and
Federal Governments relating to
determining standards about health
insurance that is offered in the
individual and small group markets.
VIII. Reducing Regulation and
Controlling Regulatory Costs
Executive Order 13771 requires that
the costs associated with significant
new regulations ‘‘to the extent permitted
by law, be offset by the elimination of
existing costs associated with at least
two prior regulations.’’ This final rule is
not subject to the requirements of
Executive Order 13771 because it is
expected to result in no more than de
minimis costs.
IX. Conclusion
In accordance with the provisions of
Executive Order 12866, this regulation
was reviewed by the Office of
Management and Budget.
Dated: November 18, 2020.
Seema Verma,
Administrator, Centers for Medicare &
Medicaid Services.
Dated: November 23, 2020.
Alex M. Azar II,
Secretary, Department of Health and Human
Services.
[FR Doc. 2020–26338 Filed 11–25–20; 4:15 pm]
BILLING CODE 4120–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No.: 201124–0317]
RTID 0648–XT038
Atlantic Highly Migratory Species;
2021 Atlantic Shark Commercial
Fishing Year
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; fishing season
notification.
AGENCY:
This final rule establishes the
2021 opening date for all Atlantic shark
fisheries, including the fisheries in the
Gulf of Mexico and Caribbean. This
final rule also establishes the shark
fisheries quotas for the 2021 fishing
year, with adjustments based on harvest
levels during 2020, and establishes the
large coastal shark (LCS) retention limits
for directed shark limited access permit
SUMMARY:
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77007
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 equitable fishing
opportunities for commercial shark
fishermen in all regions and areas, to the
extent practicable. 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, 2021. The 2021 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; https://
www.fisheries.noaa.gov/topic/atlantichighly-migratory-species.
FOR FURTHER INFORMATION CONTACT:
Lauren Latchford (lauren.latchford@
noaa.gov), Guy Eroh (guy.eroh@
noaa.gov), or Karyl Brewster-Geisz
(karyl.brewster-geisz@noaa.gov) at 301–
427–8503.
SUPPLEMENTARY INFORMATION:
Background
The Atlantic commercial shark
fisheries are managed primarily under
the authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act). The 2006
Consolidated Atlantic 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 in the shark fisheries.
Regulations include adaptive
management measures, such as
flexibility in establishing opening dates
for the fishing season and the ability to
make inseason trip limit adjustments,
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 29, 2020, NMFS
published a proposed rule (85 FR
60947) regarding management measures
for the commercial shark fisheries for
the 2021 fishing year. The rule proposed
opening all Atlantic commercial shark
management groups on January 1, 2021,
setting initial retention limits for large
coastal sharks (LCS) by directed shark
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Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Rules and Regulations
limited access permit holders, and
adjusting certain quotas for the 2021
fishing year based on harvest levels
during 2020. The proposed rule
contains background information and
details that are not repeated here. The
comment period on the proposed rule
closed on October 29, 2020. NMFS
received six written comments during
the comment period. Those comments,
along with NMFS’ responses, are
summarized below. After considering
all the comments, NMFS is finalizing
the rule as proposed.
Specifically, NMFS is opening the
fishing year for all shark management
groups on January 1, 2021. As described
in the proposed rule, in establishing the
opening date, NMFS considered the
‘‘opening commercial fishing season’’
criteria at 50 CFR 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. This final rule also
establishes a starting retention limit for
directed shark limited access permit
holders in the blacktip, aggregated LCS,
and hammerhead management groups of
45 LCS other than sandbar sharks per
vessel per trip for the entire Gulf of
Mexico region (which includes both the
eastern and western sub-regions), and
36 LCS other than sandbar sharks per
vessel per trip for the Atlantic region.
This final rule does not affect or change
the current retention limit for incidental
shark limited access permit holders for
all regions. Consistent with
§ 635.24(a)(3) and (4), the current
retention limit will remain at 3 LCS
other than sandbar sharks per vessel per
trip, and no more than 16 small coastal
sharks (SCS) and pelagic sharks,
combined, per vessel per trip.
Additionally, the retention limit for
blacknose sharks for all permit holders
in the Atlantic region south of 34°00′ N
lat. will remain at eight blacknose
sharks per trip consistent with
§ 635.24(a)(4). Blacknose sharks may not
be harvested in the Gulf of Mexico
region.
This final rule adjusts certain annual
commercial quotas for 2021 based on
over- and/or underharvests, calculated
after accounting for landings reported
by October 9, 2020, consistent with
existing regulations. Updated landings
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information as of October 9, 2020 has
been considered, and no quotas are
changed from the proposed rule as a
result. 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 six written comments
on the proposed rule from interested
members of the public. All written
comments can be found at https://
www.regulations.gov/ by searching for
NOAA–NMFS–2020–0108–0001. All of
the comments received are summarized
below.
Comment 1: NMFS received four
comments requesting a reduction in or
prohibition of all commercial shark
fishing. One of these comments
requested that more research be
conducted on shark stocks, and that
more international management be
considered given the migratory nature of
some of these species.
Response: These comments are
outside the scope of this rulemaking
because the purpose of this rulemaking
is to adjust certain quotas for the 2021
shark season based on over- and
underharvests from the previous years
and to set opening dates and
commercial retention limits for the 2021
shark season. This action does not
reanalyze the overall management
measures for sharks, which have been
analyzed and implemented through
previous rulemaking processes for the
2006 Consolidated HMS FMP and its
amendments. This action also does not
address international management of
shark stocks, although we note that the
United States complies with
recommendations made by the
International Commission for the
Conservation of Atlantic Tunas, the
Convention on International Trade in
Endangered Species, and other
international regional fisheries
management fora, as appropriate,
regarding international management of
relevant shark stocks.
Comment 2: NMFS received two
comments supporting the proposed rule.
Although generally supportive overall,
one of those comments cautioned
against allowing carryover of
underharvest for smoothhound and
blacktip sharks due to the potential for
climate change and other environmental
factors to have impacts on those species.
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Response: With regard to the caution
against carryover of underharvest, this
portion of the comment is outside the
scope of this rulemaking. This action
carries out and applies quota adjustment
measures that were previously adopted
and codified through rulemaking. This
action does not alter the underlying
regulations governing the process for
taking into account over- and
underharvests from the previous years
and establishing opening dates and
commercial retention limits. We note
that NMFS is considering shark
management measures regarding the
carryover of under- and overharvests of
quotas in Draft Amendment 14 to the
2006 Consolidated Atlantic Highly
Migratory Species Fishery Management
Plan (85 FR 60132; September 24, 2020).
To provide comments on Draft
Amendment 14, please see
www.regulations.gov and search for
NOAA–NMFS–2019–0040–0009. More
information can also be found at https://
www.fisheries.noaa.gov/action/
amendment-14-2006-consolidated-hmsfishery-management-plan-shark-quotamanagement. Comments on Draft
Amendment 14 can be submitted until
December 31, 2020.
Changes From the Proposed Rule
After considering public comments,
NMFS is finalizing the rule as proposed,
without changes regarding the fishing
season opening dates, retention limits,
or quota harvest thresholds at which to
consider adjusting retention limits.
2021 Annual Quotas
This final rule adjusts certain 2021
commercial quotas due to overharvests
and/or underharvests in 2020 and
previous fishing years, based on
landings data received by October 9,
2020. Underharvest adjustments can
only be applied to stocks or
management groups that are not
overfished, have no overfishing
occurring, or do not have an unknown
status. Also, the underharvest
adjustments cannot exceed 50 percent of
the base annual quota. The 2021 annual
quotas are summarized in Table 1 by
species and management group. At this
time, NMFS anticipates that landings in
dealer reports that are received by
NMFS after October 9, 2020, will be
accounted for by adjusting certain 2022
quotas, as appropriate, although such
landings could also be accounted for in
2021. A description of the quota
calculations is provided in the proposed
rule and is not repeated here.
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77009
TABLE 1—2021 PROPOSED QUOTAS AND OPENING DATE FOR THE ATLANTIC SHARK MANAGEMENT GROUPS
Preliminary 2020
landings 1
Adjustments 2
2021 Base annual
quota
2021 Proposed annual
quota
Region or sub-region
Management group
2020 Annual quota
(A)
(B)
(C)
(D)
(D + C)
Western Gulf of Mexico
Blacktip Sharks 3 .............................
223.1 mt dw (491,750
lb dw).
81.6 mt dw (179,958 lb
dw).
<3.6 mt dw (<8,000 lb
dw).
4.0 mt dw (8,809 lb dw)
115.7 mt dw (255,131
lb dw).
......................................
Porbeagle Sharks ...........................
347.2 mt dw (765,392
lb dw).
72.0 mt dw (158,724 lb
dw).
11.9 mt dw (26,301 lb
dw).
37.7 mt dw (83,158 lb
dw).
85.5 mt dw (188,593 lb
dw).
13.4 mt dw (29,421 lb
dw).
112.6 mt dw (248,215
lb dw).
504.6 mt dw (1,112,441
lb dw).
168.9 mt dw (372,552
lb dw).
27.1 mt dw (59,736 lb
dw).
264.1 mt dw (582,333
lb dw).
17.2 mt dw (37,921 lb
dw).
1,802.6 mt dw
(3,971,587 lb dw).
50.0 mt dw (110,230 lb
dw).
90.7 mt dw (199,943 lb
dw).
273.0 mt dw (601,856
lb dw).
1.7 mt dw (3,748 lb dw)
0 mt dw (0 lb dw) .........
......................................
231.5 mt dw (510,261
lb dw).
72.0 mt dw (158,724 lb
dw).
11.9 mt dw (26,301 lb
dw).
25.1 mt dw (55,439 lb
dw).
85.5 mt dw (188,593 lb
dw).
13.4 mt dw (29,421 lb
dw).
112.6 mt dw (248,215
lb dw).
336.4 mt dw (741,627
lb dw).
168.9 mt dw (372,552
lb dw).
27.1 mt dw (59,736 lb
dw).
264.1 mt dw (582,333
lb dw).
17.2 mt dw (37,921 lb
dw).
1,201.7 mt dw
(2,649,268 lb dw).
50.0 mt dw (110,230 lb
dw).
90.7 mt dw (199,943 lb
dw).
273.0 mt dw (601,856
lb dw).
1.7 mt dw (3,748 lb dw)
Pelagic
Sharks
Other
Porbeagle or Blue.
488.0 mt dw (1,075,856
lb dw).
33.8 mt dw (74,442 lb
dw).
......................................
347.2 mt dw (765,392
lb dw).
72.0 mt dw (158,724 lb
dw).
11.9 mt dw (26,301 lb
dw).
37.7 mt dw (83,158 lb
dw).
85.5 mt dw (188,593 lb
dw).
13.4 mt dw (29,421 lb
dw).
112.6 mt dw (248,215
lb dw).
504.6 mt dw (1,112,441
lb dw).
168.9 mt dw (372,552
lb dw).
27.1 mt dw (59,736 lb
dw).
264.1 mt dw (582,333
lb dw).
17.2 mt dw (37,921 lb
dw).
1,802.6 mt dw
(3,971,587 lb dw).
50.0 mt dw (110,230 lb
dw).
90.7 mt dw (199,943 lb
dw).
273.0 mt dw (601,856
lb dw).
1.7 mt dw (3,748 lb
dw).
488.0 mt dw (1,075,856
lb dw).
Aggregated 4 Large Coastal Sharks
Hammerhead Sharks ......................
Eastern Gulf of Mexico
Blacktip Sharks 3 .............................
Aggregated Large Coastal Sharks
Hammerhead Sharks ......................
Gulf of Mexico ..............
Atlantic .........................
Non-Blacknose
Small
Coastal
Sharks.
Smoothhound Sharks .....................
Aggregated Large Coastal Sharks
Hammerhead Sharks ......................
Non-Blacknose
Small
Coastal
Sharks.
Blacknose Sharks (South of 34° N
lat. only).
Smoothhound Sharks .....................
No regional quotas .......
Non-Sandbar LCS Research ..........
Sandbar Shark Research ...............
Blue Sharks .....................................
Than
66.2 mt dw (146,047 lb
dw).
<3.4 mt dw (<7,500 lb
dw).
46.3 mt dw (102,034 lb
dw).
1.4 mt dw (3,144 lb dw)
54.7 mt dw (120,663 lb
dw).
13.6 mt dw (30,018 lb
dw).
64.7 mt dw (142,611 lb
dw).
4.0 mt dw (8,848 lb dw)
231.8 mt dw (510,957
lb dw).
5.3 mt dw (11,792 lb
dw).
<18.1 mt dw (<40,000
lb dw).
0 mt dw (0 lb dw) .........
......................................
12.6 mt dw (27,719 lb
dw).
......................................
......................................
......................................
168.2 mt dw (370,814
lb dw).
......................................
......................................
......................................
......................................
600.9 mt dw (1,323,862
lb dw).
......................................
......................................
......................................
488.0 mt dw (1,075,856
lb dw).
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1 Landings are from January 1, 2020, through October 9, 2020, and are subject to change.
2 Underharvest adjustments can only be applied to stocks or management groups that are not overfished have no overfishing occurring, or do not have an unknown status. Also, the underharvest adjustments cannot exceed 50 percent of the base annual quota.
3 This adjustment accounts for the underharvest in 2020. This final rule would increase 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 will be increased by 115.7 mt dw, or 90.2 percent of the quota adjustment,
while the eastern Gulf of Mexico blacktip shark quota will be increased by 12.6 mt dw, or 9.8 percent of the quota adjustment.
4 While there is an overharvest of the western Gulf of Mexico Aggregated LCS sub-regional quota in 2020, the full Gulf of Mexico regional quota has not been filled. Thus, this rule maintains
the full baseline quota in 2021.
2021 Atlantic Commercial Shark
Fishing Year
After considering the seven ‘‘opening
commercial fishing season’’ criteria
listed in § 635.27(b)(3), as described in
the proposed rule (85 FR 60947;
September 29, 2020), and after
considering public comment, this rule
establishes a January 1, 2021
commercial shark fishing year start date
for all management groups in all
regions.
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
§ 635.24(a)(8).
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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 40 percent of the
quota is caught at the beginning of the
year), NMFS will consider reducing the
commercial retention limit, potentially
to three LCS other than sandbar sharks
per vessel per trip. Given the geographic
distribution and migration patterns 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 § 635.24(a)(8)(i), (ii), (v), and
(vi)). Then, based on 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 § 635.24(a)(8).
All of the shark management groups
will remain open until December 31,
2021, or until NMFS determines that the
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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
also 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 § 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 subregional 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 subregional catch rates of the relevant shark
species or management groups.
Additionally, NMFS has previously
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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 nonlinked 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 4 days from the
date of filing for public inspection
(§ 635.28(b)(2) and (3)). From the
effective date of the notice and time of
the closure, the fisheries for the shark
species or management group are
closed, even across fishing years, until
NMFS announces, via the publication of
a notice in the Federal Register, that
additional quota is available and the
season is reopened.
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 access permit holders
(in season adjustments are available)
Region or sub-region
Management group
Quota linkages
Opening dates
Eastern Gulf of Mexico .....
Blacktip Sharks ...............
Not Linked .......................
January 1, 2021 ..............
45 LCS other than sandbar sharks per vessel per
trip.
Linked.
Western Gulf of Mexico ....
Aggregated Large Coastal Sharks.
Hammerhead Sharks.
Blacktip Sharks ...............
January 1, 2021 ..............
45 LCS other than sandbar sharks per vessel per
trip.
Not Linked .......................
January 1, 2021 ..............
N/A.
Not Linked .......................
Linked ..............................
January 1, 2021 ..............
January 1, 2021 ..............
.........................................
.........................................
Linked (South of 34° N
lat. only).
.........................................
January 1, 2021 ..............
N/A.
36 LCS other than sandbar sharks per vessel per
trip.
If quota is landed quickly (e.g., if approximately 40
percent of the quota is caught at the beginning of
the year), NMFS anticipates considering an
inseason reduction and later considering an
inseason increase.1
N/A.
Not Linked .......................
Linked ..............................
January 1, 2021 ..............
January 1, 2021 ..............
8 blacknose sharks per vessel per trip (applies to
directed and incidental permit holders).
N/A.
N/A.
Not Linked .......................
January 1, 2021 ..............
N/A.
Gulf of Mexico ...................
Atlantic ..............................
No regional quotas ............
Aggregated Large Coastal Sharks.
Hammerhead Sharks.
Non-Blacknose Small
Coastal Sharks.
Smoothhound Sharks .....
Aggregated Large Coastal Sharks.
Hammerhead Sharks ......
Non-Blacknose Small
Coastal Sharks.
Blacknose Sharks (South
of 34° N lat. only).
Smoothhound Sharks .....
Non-Sandbar LCS Research.
Sandbar Shark Research.
Blue Sharks .....................
Porbeagle Sharks.
Pelagic Sharks Other
Than Porbeagle or
Blue.
Not Linked .......................
Linked.
.........................................
1 This action modifies the percent of quota harvested at which it considers adjusting the retention limit. NMFS will consider adjustment to 40 percent to allow fishermen in the Atlantic region to more fully utilize the quota.
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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 the date of
effectiveness for the adjusted quotas and
opening dates for the pelagic shark,
shark research, blacknose shark, nonblacknose small coastal shark, and nonsandbar 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 the date of effectiveness for
this rule would cause negative
economic and ecological impacts as
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discussed below. Regarding the pelagic
shark fishery, a delay in the
effectiveness of the quotas in this rule
would postpone the start of the 2021
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, 2021, as possible,
fishermen in those fisheries 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
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biological and catch data to inform stock
assessments and effectively manage the
Atlantic shark fisheries. All trips in this
fishery are monitored with 100 percent
observer coverage. Delaying the opening
of the shark research fishery would
prevent NMFS from maintaining the
data for 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 research trips could
limit information available for stock
assessments and, thus, 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, nonblacknose small coastal shark, and
smoothhound shark fisheries, these
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fisheries have both a directed
component, where fishermen target
these shark species, and an incidental
component, where fishermen target
other species such as Spanish mackerel
and bluefish, but may incidentally catch
these shark species and potentially land
them. 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 would be caught before this rule
becomes effective. Opening the fishery
as close to January 1, 2021, 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, resulting in fishermen
experiencing negative economic
impacts, which would be contrary to the
public interest.
Regarding the non-sandbar large
coastal shark fishery in the Atlantic and
Gulf of Mexico region, opening on
January 1, 2021, would allow south
Atlantic fishermen to have a winter
fishery and to potentially benefit from a
better price per pound, given the
geographic distribution of the sharks at
this time of year. 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 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 the
date of effectiveness of the quotas and
opening dates for the pelagic shark,
shark research, blacknose shark, nonblacknose small coastal shark,
smoothhound shark, and non-sandbar
large coastal shark fisheries in the
Atlantic and Gulf of Mexico regions.
These final specifications are exempt
from review under Executive Order
12866.
In compliance with section 604 of the
Regulatory Flexibility Act (RFA), NMFS
prepared a Final Regulatory Flexibility
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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 MagnusonStevens Act and the 2006 Consolidated
HMS FMP and its amendments, to
establish the 2021 Atlantic commercial
shark adjusted fishing quotas, retention
limits, and fishing seasons. Without this
rule, the Atlantic commercial shark
fisheries would close on December 31,
2020, and would not reopen until
appropriate action was taken. While
there may be some direct negative
economic impacts associated with the
opening dates for fishermen in certain
northern Atlantic areas, given the
geographic distribution and migration
patterns of the sharks at this time of year
(i.e., they head north before moving
south again later in the year), 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 2021 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
(SBA) 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 SBA 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 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 industryspecific size standards after consultation
with SBA and an opportunity for public
comment (see 13 CFR 121.903(c)).
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77011
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 2020, the final rule
would apply to the approximately 214
directed commercial shark permit
holders, 256 incidental commercial
shark permit holders, 163 smoothhound
shark permit holders, and 93
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 470
directed and incidental commercial
shark permit holders, only 18 permit
holders landed sharks in the Gulf of
Mexico region and only 74 landed
sharks in the Atlantic region. Of the 163
smoothhound shark permit holders,
only 65 permit holders landed
smoothhound sharks in the Atlantic
region and fewer than 4 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. This
rulemaking does not establish new
management measures to be
implemented, but rather implements
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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 certain
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 (§ 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
season, or when the quota-linked
management group is closed. The
fisheries do not open until NMFS takes
action, such as this rulemaking, to reopen 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 2019 ex-vessel meat and
fin prices (Table 3), fully harvesting the
unadjusted 2021 Atlantic shark
commercial base quotas could result in
total fleet revenues of $9,997,263. For
the Gulf of Mexico blacktip shark
management group, NMFS will increase
the baseline sub-regional quotas due to
the underharvests in 2020. The increase
for the western Gulf of Mexico blacktip
shark management group could result in
a $241,691 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 $27,645 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 2020.
This would cause a potential gain in
revenue of $403,475 for the fleet in the
Gulf of Mexico region and a potential
gain in revenue of $1,112,680 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, 2019
Region
Species
Average
ex-vessel
meat price
Average
ex-vessel
fin price
Western Gulf of Mexico ...............................
Blacktip Shark ................................................................................
Aggregated LCS ............................................................................
Hammerhead Shark .......................................................................
Blacktip Shark ................................................................................
Aggregated LCS ............................................................................
Hammerhead Shark .......................................................................
Non-Blacknose SCS ......................................................................
Smoothhound Shark ......................................................................
Aggregated LCS ............................................................................
Hammerhead Shark .......................................................................
Non-Blacknose SCS ......................................................................
Blacknose Shark ............................................................................
Smoothhound Shark ......................................................................
Shark Research Fishery (Aggregated LCS) ..................................
Shark Research Fishery (Sandbar only) .......................................
Blue shark ......................................................................................
Porbeagle shark .............................................................................
Other Pelagic sharks .....................................................................
$0.70
0.73
0.52
0.75
0.56
0.50
0.59
1.06
0.99
0.46
1.02
1.27
0.78
0.86
0.68
........................
0.36
1.35
$9.16
15.81
12.00
8.00
12.00
13.43
5.81
........................
3.51
........................
4.60
........................
1.68
15.15
........................
........................
2.51
7.60
Eastern Gulf of Mexico ...............................
Gulf of Mexico .............................................
Atlantic .........................................................
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No Region ...................................................
For this final rule, NMFS reviewed
the ‘‘opening commercial fishing
season’’ criteria at § 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 2020 fishing year
and previous years’ over- and/or
underharvests were examined for the
different species/complexes to
determine the effects of the 2021 final
quotas on fishermen across regional
fishing areas. NMFS examined season
lengths and previous catch rates to
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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 2021 Atlantic shark management
groups. For the 2021 fishing year, NMFS
is opening the shark management
groups on January 1, 2021. The direct
economic impacts will be neutral on a
short- and long-term basis for the Gulf
of Mexico blacktip shark, Gulf of
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Mexico aggregated LCS, Gulf of Mexico
hammerhead shark, Gulf of Mexico nonblacknose 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,
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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.
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 § 635.24(a)(8), NMFS
monitors the quota through the HMS
electronic reporting system on a realtime 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
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
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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 nonblacknose SCS. In addition, 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 2021 will cause beneficial
cumulative economic impacts, because
the action allows for a more equitable
distribution of the quotas among
constituents in this region, consistent
with the 2006 Consolidated HMS FMP
and its amendments.
This rule does not contain a
collection-of-information requirement
subject to the Paperwork Reduction Act.
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77013
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 2021. 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 24, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020–26341 Filed 11–30–20; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 85, Number 231 (Tuesday, December 1, 2020)]
[Rules and Regulations]
[Pages 77007-77013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26341]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No.: 201124-0317]
RTID 0648-XT038
Atlantic Highly Migratory Species; 2021 Atlantic Shark Commercial
Fishing Year
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; fishing season notification.
-----------------------------------------------------------------------
SUMMARY: This final rule establishes the 2021 opening date for all
Atlantic shark fisheries, including the fisheries in the Gulf of Mexico
and Caribbean. This final rule also establishes the shark fisheries
quotas for the 2021 fishing year, with adjustments based on harvest
levels during 2020, and establishes 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 equitable fishing opportunities for
commercial shark fishermen in all regions and areas, to the extent
practicable. 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, 2021. The 2021 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; https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species.
FOR FURTHER INFORMATION CONTACT: Lauren Latchford
([email protected]), Guy Eroh ([email protected]), or Karyl
Brewster-Geisz ([email protected]) at 301-427-8503.
SUPPLEMENTARY INFORMATION:
Background
The Atlantic commercial shark fisheries are managed primarily under
the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act). The 2006 Consolidated Atlantic
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 in the shark fisheries.
Regulations include adaptive management measures, such as flexibility
in establishing opening dates for the fishing season and the ability to
make inseason trip limit adjustments, 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 29, 2020, NMFS published a proposed rule (85 FR 60947)
regarding management measures for the commercial shark fisheries for
the 2021 fishing year. The rule proposed opening all Atlantic
commercial shark management groups on January 1, 2021, setting initial
retention limits for large coastal sharks (LCS) by directed shark
[[Page 77008]]
limited access permit holders, and adjusting certain quotas for the
2021 fishing year based on harvest levels during 2020. The proposed
rule contains background information and details that are not repeated
here. The comment period on the proposed rule closed on October 29,
2020. NMFS received six written comments during the comment period.
Those comments, along with NMFS' responses, are summarized below. After
considering all the comments, NMFS is finalizing the rule as proposed.
Specifically, NMFS is opening the fishing year for all shark
management groups on January 1, 2021. As described in the proposed
rule, in establishing the opening date, NMFS considered the ``opening
commercial fishing season'' criteria at 50 CFR 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. This final rule also establishes a starting
retention limit for directed shark limited access permit holders in the
blacktip, aggregated LCS, and hammerhead management groups of 45 LCS
other than sandbar sharks per vessel per trip for the entire Gulf of
Mexico region (which includes both the eastern and western sub-
regions), and 36 LCS other than sandbar sharks per vessel per trip for
the Atlantic region. This final rule does not affect or change the
current retention limit for incidental shark limited access permit
holders for all regions. Consistent with Sec. 635.24(a)(3) and (4),
the current retention limit will remain at 3 LCS other than sandbar
sharks per vessel per trip, and no more than 16 small coastal sharks
(SCS) and pelagic sharks, combined, per vessel per trip. Additionally,
the retention limit for blacknose sharks for all permit holders in the
Atlantic region south of 34[deg]00' N lat. will remain 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 final rule adjusts certain annual commercial quotas for 2021
based on over- and/or underharvests, calculated after accounting for
landings reported by October 9, 2020, consistent with existing
regulations. Updated landings information as of October 9, 2020 has
been considered, and no quotas are changed from the proposed rule as a
result. 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 six written comments on the proposed rule from
interested members of the public. All written comments can be found at
https://www.regulations.gov/ by searching for NOAA-NMFS-2020-0108-0001.
All of the comments received are summarized below.
Comment 1: NMFS received four comments requesting a reduction in or
prohibition of all commercial shark fishing. One of these comments
requested that more research be conducted on shark stocks, and that
more international management be considered given the migratory nature
of some of these species.
Response: These comments are outside the scope of this rulemaking
because the purpose of this rulemaking is to adjust certain quotas for
the 2021 shark season based on over- and underharvests from the
previous years and to set opening dates and commercial retention limits
for the 2021 shark season. This action does not reanalyze the overall
management measures for sharks, which have been analyzed and
implemented through previous rulemaking processes for the 2006
Consolidated HMS FMP and its amendments. This action also does not
address international management of shark stocks, although we note that
the United States complies with recommendations made by the
International Commission for the Conservation of Atlantic Tunas, the
Convention on International Trade in Endangered Species, and other
international regional fisheries management fora, as appropriate,
regarding international management of relevant shark stocks.
Comment 2: NMFS received two comments supporting the proposed rule.
Although generally supportive overall, one of those comments cautioned
against allowing carryover of underharvest for smoothhound and blacktip
sharks due to the potential for climate change and other environmental
factors to have impacts on those species.
Response: With regard to the caution against carryover of
underharvest, this portion of the comment is outside the scope of this
rulemaking. This action carries out and applies quota adjustment
measures that were previously adopted and codified through rulemaking.
This action does not alter the underlying regulations governing the
process for taking into account over- and underharvests from the
previous years and establishing opening dates and commercial retention
limits. We note that NMFS is considering shark management measures
regarding the carryover of under- and overharvests of quotas in Draft
Amendment 14 to the 2006 Consolidated Atlantic Highly Migratory Species
Fishery Management Plan (85 FR 60132; September 24, 2020). To provide
comments on Draft Amendment 14, please see www.regulations.gov and
search for NOAA-NMFS-2019-0040-0009. More information can also be found
at https://www.fisheries.noaa.gov/action/amendment-14-2006-consolidated-hms-fishery-management-plan-shark-quota-management.
Comments on Draft Amendment 14 can be submitted until December 31,
2020.
Changes From the Proposed Rule
After considering public comments, NMFS is finalizing the rule as
proposed, without changes regarding the fishing season opening dates,
retention limits, or quota harvest thresholds at which to consider
adjusting retention limits.
2021 Annual Quotas
This final rule adjusts certain 2021 commercial quotas due to
overharvests and/or underharvests in 2020 and previous fishing years,
based on landings data received by October 9, 2020. Underharvest
adjustments can only be applied to stocks or management groups that are
not overfished, have no overfishing occurring, or do not have an
unknown status. Also, the underharvest adjustments cannot exceed 50
percent of the base annual quota. The 2021 annual quotas are summarized
in Table 1 by species and management group. At this time, NMFS
anticipates that landings in dealer reports that are received by NMFS
after October 9, 2020, will be accounted for by adjusting certain 2022
quotas, as appropriate, although such landings could also be accounted
for in 2021. A description of the quota calculations is provided in the
proposed rule and is not repeated here.
[[Page 77009]]
Table 1--2021 Proposed Quotas and Opening Date for the Atlantic Shark Management Groups
--------------------------------------------------------------------------------------------------------------------------------------------------------
Preliminary 2020 2021 Base annual 2021 Proposed
Region or sub-region Management group 2020 Annual quota landings \1\ Adjustments \2\ quota annual quota
(A)............... (B)............... (C)............... (D)............... (D + C)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Western Gulf of Mexico.......... Blacktip Sharks 347.2 mt dw 223.1 mt dw 115.7 mt dw 231.5 mt dw 347.2 mt dw
\3\. (765,392 lb dw). (491,750 lb dw). (255,131 lb dw). (510,261 lb dw). (765,392 lb dw).
Aggregated \4\ 72.0 mt dw 81.6 mt dw .................. 72.0 mt dw 72.0 mt dw
Large Coastal (158,724 lb dw). (179,958 lb dw). (158,724 lb dw). (158,724 lb dw).
Sharks.
Hammerhead Sharks. 11.9 mt dw (26,301 <3.6 mt dw (<8,000 .................. 11.9 mt dw (26,301 11.9 mt dw (26,301
lb dw). lb dw). lb dw). lb dw).
Eastern Gulf of Mexico.......... Blacktip Sharks 37.7 mt dw (83,158 4.0 mt dw (8,809 12.6 mt dw (27,719 25.1 mt dw (55,439 37.7 mt dw (83,158
\3\. lb dw). lb dw). lb dw). lb dw). lb dw).
Aggregated Large 85.5 mt dw 66.2 mt dw .................. 85.5 mt dw 85.5 mt dw
Coastal Sharks. (188,593 lb dw). (146,047 lb dw). (188,593 lb dw). (188,593 lb dw).
Hammerhead Sharks. 13.4 mt dw (29,421 <3.4 mt dw (<7,500 .................. 13.4 mt dw (29,421 13.4 mt dw (29,421
lb dw). lb dw). lb dw). lb dw).
Gulf of Mexico.................. Non-Blacknose 112.6 mt dw 46.3 mt dw .................. 112.6 mt dw 112.6 mt dw
Small Coastal (248,215 lb dw). (102,034 lb dw). (248,215 lb dw). (248,215 lb dw).
Sharks.
Smoothhound Sharks 504.6 mt dw 1.4 mt dw (3,144 168.2 mt dw 336.4 mt dw 504.6 mt dw
(1,112,441 lb dw). lb dw). (370,814 lb dw). (741,627 lb dw). (1,112,441 lb
dw).
Atlantic........................ Aggregated Large 168.9 mt dw 54.7 mt dw .................. 168.9 mt dw 168.9 mt dw
Coastal Sharks. (372,552 lb dw). (120,663 lb dw). (372,552 lb dw). (372,552 lb dw).
Hammerhead Sharks. 27.1 mt dw (59,736 13.6 mt dw (30,018 .................. 27.1 mt dw (59,736 27.1 mt dw (59,736
lb dw). lb dw). lb dw). lb dw).
Non-Blacknose 264.1 mt dw 64.7 mt dw .................. 264.1 mt dw 264.1 mt dw
Small Coastal (582,333 lb dw). (142,611 lb dw). (582,333 lb dw). (582,333 lb dw).
Sharks.
Blacknose Sharks 17.2 mt dw (37,921 4.0 mt dw (8,848 .................. 17.2 mt dw (37,921 17.2 mt dw (37,921
(South of 34[deg] lb dw). lb dw). lb dw). lb dw).
N lat. only).
Smoothhound Sharks 1,802.6 mt dw 231.8 mt dw 600.9 mt dw 1,201.7 mt dw 1,802.6 mt dw
(3,971,587 lb dw). (510,957 lb dw). (1,323,862 lb dw). (2,649,268 lb dw). (3,971,587 lb
dw).
No regional quotas.............. Non-Sandbar LCS 50.0 mt dw 5.3 mt dw (11,792 .................. 50.0 mt dw 50.0 mt dw
Research. (110,230 lb dw). lb dw). (110,230 lb dw). (110,230 lb dw).
Sandbar Shark 90.7 mt dw <18.1 mt dw .................. 90.7 mt dw 90.7 mt dw
Research. (199,943 lb dw). (<40,000 lb dw). (199,943 lb dw). (199,943 lb dw).
Blue Sharks....... 273.0 mt dw 0 mt dw (0 lb dw). .................. 273.0 mt dw 273.0 mt dw
(601,856 lb dw). (601,856 lb dw). (601,856 lb dw).
Porbeagle Sharks.. 1.7 mt dw (3,748 0 mt dw (0 lb dw). .................. 1.7 mt dw (3,748 1.7 mt dw (3,748
lb dw). lb dw). lb dw).
Pelagic Sharks 488.0 mt dw 33.8 mt dw (74,442 .................. 488.0 mt dw 488.0 mt dw
Other Than (1,075,856 lb dw). lb dw). (1,075,856 lb dw). (1,075,856 lb
Porbeagle or Blue. dw).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Landings are from January 1, 2020, through October 9, 2020, and are subject to change.
\2\ Underharvest adjustments can only be applied to stocks or management groups that are not overfished have no overfishing occurring, or do not have an
unknown status. Also, the underharvest adjustments cannot exceed 50 percent of the base annual quota.
\3\ This adjustment accounts for the underharvest in 2020. This final rule would increase 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 will be increased by 115.7 mt dw, or 90.2 percent of the quota adjustment, while the eastern Gulf of Mexico blacktip shark quota will be
increased by 12.6 mt dw, or 9.8 percent of the quota adjustment.
\4\ While there is an overharvest of the western Gulf of Mexico Aggregated LCS sub-regional quota in 2020, the full Gulf of Mexico regional quota has
not been filled. Thus, this rule maintains the full baseline quota in 2021.
2021 Atlantic Commercial Shark Fishing Year
After considering the seven ``opening commercial fishing season''
criteria listed in Sec. 635.27(b)(3), as described in the proposed
rule (85 FR 60947; September 29, 2020), and after considering public
comment, this rule establishes a January 1, 2021 commercial shark
fishing year start date for all management groups in all regions.
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 40 percent of
the quota is caught at the beginning of the year), NMFS will consider
reducing the commercial retention limit, potentially to three LCS other
than sandbar sharks per vessel per trip. Given the geographic
distribution and migration patterns 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 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, 2021, 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 also 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
[[Page 77010]]
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 4
days from the date of filing for public inspection (Sec. 635.28(b)(2)
and (3)). From the effective date of the notice and time of the
closure, the fisheries for the shark species or management group are
closed, even across fishing years, until NMFS announces, via the
publication of a notice in the Federal Register, that additional quota
is available and the season is reopened.
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 access
Region or sub-region Management group Quota linkages Opening dates permit holders (in
season adjustments are
available)
----------------------------------------------------------------------------------------------------------------
Eastern Gulf of Mexico......... Blacktip Sharks.. Not Linked....... January 1, 2021.. 45 LCS other than
sandbar sharks per
vessel per trip.
Aggregated Large Linked...........
Coastal Sharks.
Hammerhead Sharks
Western Gulf of Mexico......... Blacktip Sharks.. Not Linked....... January 1, 2021.. 45 LCS other than
sandbar sharks per
vessel per trip.
Aggregated Large Linked...........
Coastal Sharks.
Hammerhead Sharks
Gulf of Mexico................. Non-Blacknose Not Linked....... January 1, 2021.. N/A.
Small Coastal
Sharks.
Smoothhound Not Linked....... January 1, 2021.. N/A.
Sharks.
Atlantic....................... Aggregated Large Linked........... January 1, 2021.. 36 LCS other than
Coastal Sharks. sandbar sharks per
vessel per trip.
Hammerhead Sharks ................. ................. If quota is landed
quickly (e.g., if
approximately 40
percent of the quota
is caught at the
beginning of the
year), NMFS
anticipates
considering an
inseason reduction
and later considering
an inseason
increase.\1\
Non-Blacknose Linked (South of January 1, 2021.. N/A.
Small Coastal 34[deg] N lat.
Sharks. only).
Blacknose Sharks ................. ................. 8 blacknose sharks per
(South of vessel per trip
34[deg] N lat. (applies to directed
only). and incidental permit
holders).
Smoothhound Not Linked....... January 1, 2021.. N/A.
Sharks.
No regional quotas............. Non-Sandbar LCS Linked........... January 1, 2021.. N/A.
Research.
Sandbar Shark
Research.
Blue Sharks...... Not Linked....... January 1, 2021.. N/A.
Porbeagle Sharks.
Pelagic Sharks
Other Than
Porbeagle or
Blue.
----------------------------------------------------------------------------------------------------------------
\1\ This action modifies the percent of quota harvested at which it considers adjusting the retention limit.
NMFS will consider adjustment to 40 percent to allow fishermen in the Atlantic region to more fully utilize
the quota.
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
the date of effectiveness 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 the date of effectiveness for this rule would cause
negative economic and ecological impacts as discussed below. Regarding
the pelagic shark fishery, a delay in the effectiveness of the quotas
in this rule would postpone the start of the 2021 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, 2021, as
possible, fishermen in those fisheries 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 inform
stock assessments and effectively manage the Atlantic shark fisheries.
All trips in this fishery are monitored with 100 percent observer
coverage. Delaying the opening of the shark research fishery would
prevent NMFS from maintaining the data for 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 research
trips could limit information available for stock assessments and,
thus, 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
[[Page 77011]]
fisheries have both a directed component, where fishermen target these
shark species, and an incidental component, where fishermen target
other species such as Spanish mackerel and bluefish, but may
incidentally catch these shark species and potentially land them. 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 would be caught before this rule becomes effective. Opening
the fishery as close to January 1, 2021, 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,
resulting in fishermen experiencing negative economic impacts, which
would be contrary to the public interest.
Regarding the non-sandbar large coastal shark fishery in the
Atlantic and Gulf of Mexico region, opening on January 1, 2021, would
allow south Atlantic fishermen to have a winter fishery and to
potentially benefit from a better price per pound, given the geographic
distribution of the sharks at this time of year. 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 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 the date of 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.
These final specifications are exempt from review under Executive
Order 12866.
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 2021 Atlantic commercial shark adjusted
fishing quotas, retention limits, and fishing seasons. Without this
rule, the Atlantic commercial shark fisheries would close on December
31, 2020, and would not reopen until appropriate action was taken.
While there may be some direct negative economic impacts associated
with the opening dates for fishermen in certain northern Atlantic
areas, given the geographic distribution and migration patterns of the
sharks at this time of year (i.e., they head north before moving south
again later in the year), 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 2021 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 (SBA) 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 SBA 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 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 SBA 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 2020, the final rule would apply to the approximately
214 directed commercial shark permit holders, 256 incidental commercial
shark permit holders, 163 smoothhound shark permit holders, and 93
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 470 directed and
incidental commercial shark permit holders, only 18 permit holders
landed sharks in the Gulf of Mexico region and only 74 landed sharks in
the Atlantic region. Of the 163 smoothhound shark permit holders, only
65 permit holders landed smoothhound sharks in the Atlantic region and
fewer than 4 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. This rulemaking does
not establish new management measures to be implemented, but rather
implements
[[Page 77012]]
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
certain 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 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 2019 ex-vessel meat and fin prices (Table 3), fully
harvesting the unadjusted 2021 Atlantic shark commercial base quotas
could result in total fleet revenues of $9,997,263. For the Gulf of
Mexico blacktip shark management group, NMFS will increase the baseline
sub-regional quotas due to the underharvests in 2020. The increase for
the western Gulf of Mexico blacktip shark management group could result
in a $241,691 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 $27,645 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 2020. This would cause a potential
gain in revenue of $403,475 for the fleet in the Gulf of Mexico region
and a potential gain in revenue of $1,112,680 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, 2019
----------------------------------------------------------------------------------------------------------------
Average ex- Average ex-
Region Species vessel meat vessel fin
price price
----------------------------------------------------------------------------------------------------------------
Western Gulf of Mexico........................ Blacktip Shark.................. $0.70 $9.16
Aggregated LCS.................. 0.73 15.81
Hammerhead Shark................ 0.52 12.00
Eastern Gulf of Mexico........................ Blacktip Shark.................. 0.75 8.00
Aggregated LCS.................. 0.56 12.00
Hammerhead Shark................ 0.50 13.43
Gulf of Mexico................................ Non-Blacknose SCS............... 0.59 5.81
Smoothhound Shark............... 1.06 ..............
Atlantic...................................... Aggregated LCS.................. 0.99 3.51
Hammerhead Shark................ 0.46 ..............
Non-Blacknose SCS............... 1.02 4.60
Blacknose Shark................. 1.27 ..............
Smoothhound Shark............... 0.78 1.68
No Region..................................... Shark Research Fishery 0.86 15.15
(Aggregated LCS).
Shark Research Fishery (Sandbar 0.68 ..............
only).
Blue shark...................... .............. ..............
Porbeagle shark................. 0.36 2.51
Other Pelagic sharks............ 1.35 7.60
----------------------------------------------------------------------------------------------------------------
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 2020 fishing year and
previous years' over- and/or underharvests were examined for the
different species/complexes to determine the effects of the 2021 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 2021 Atlantic shark
management groups. For the 2021 fishing year, NMFS is opening the shark
management groups on January 1, 2021. The direct 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,
[[Page 77013]]
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.
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 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. In addition, 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 2021 will cause beneficial cumulative economic
impacts, because the action allows for a more equitable distribution of
the quotas among constituents in this region, consistent with the 2006
Consolidated HMS FMP and its amendments.
This rule does not contain a collection-of-information requirement
subject to the Paperwork Reduction Act.
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
2021. 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 24, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020-26341 Filed 11-30-20; 8:45 am]
BILLING CODE 3510-22-P
