Atlantic Highly Migratory Species; 2022 Atlantic Shark Commercial Fishing Year, 62737-62741 [2021-24721]
Download as PDF
<![CDATA[
Federal Register / Vol. 86, No. 216 / Friday, November 12, 2021 / Rules and Regulations
entitled Protection of Children from
Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997).
Continuous release reporting is covered
under OMB Control Number 2050–0086.
This final rule does not contain any
changes to the information collections
subject to OMB approval under the
Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq., nor does it require
any special considerations under
Executive Order 12898, entitled Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations (59 FR 7629,
February 16, 1994). This action does not
involve technical standards; thus, the
requirements of Section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply.
This action is subject to the
Congressional Review Act (CRA), and
the EPA will submit a rule report to
each House of Congress and to the
Comptroller General of the United
States. The CRA allows the issuing
agency to make a rule effective sooner
than otherwise provided by the CRA if
the agency makes a good cause finding
that notice and comment rulemaking
procedures are impracticable,
unnecessary, or contrary to the public
interest (5 U.S.C. 808(2)). The EPA has
made a good cause finding for this rule
as discussed in Section III of the
preamble, including the basis for that
finding.
List of Subjects in 40 CFR Part 302
Environmental protection, Air
pollution control, Chemicals, Hazardous
substances, Hazardous Waste,
Intergovernmental relations, Natural
resources, Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Dated: November 2, 2021.
Barry N. Breen,
Acting Assistant Administrator, Office of
Land and Emergency Management.
For the reasons stated in the
preamble, the EPA amends title 40,
chapter I of the Code of Federal
Regulations as follows:
PART 302—DESIGNATION,
REPORTABLE QUANTITIES, AND
NOTIFICATION
1. The authority citation for part 302
is revised to read as follows:
lotter on DSK11XQN23PROD with RULES1
■
Authority: 33 U.S.C. 1251 et. seq., 42
U.S.C. 9601 et. seq., 42 U.S.C. 9602, 42 U.S.C.
9603.
2. Section 302.8 is amended by
revising paragraphs (e) introductory
text, (e)(1) introductory text, (f)
■
VerDate Sep<11>2014
15:55 Nov 10, 2021
Jkt 256001
introductory text, (g)(2)(i) and (ii), (g)(3)
and (4), (j) introductory text, and (l) to
read as follows:
§ 302.8
Continuous releases.
*
*
*
*
*
(e) Initial written notification. Initial
written notification of a continuous
release shall be made to the appropriate
EPA HQ office. (Note: In addition to the
requirements of this part, releases of
CERCLA hazardous substances are also
subject to the provisions of SARA Title
III, also known as the Emergency
Planning and Community Right-toKnow Act (EPCRA), section 304, and
EPA’s implementing regulations
codified at 40 CFR part 355, which
require initial telephone and written
notifications of continuous releases to
be submitted to the appropriate State
emergency response commission and
local emergency planning committee.)
(1) Initial written notification to the
appropriate EPA HQ office shall occur
within 30 days of the initial telephone
notification to the National Response
Center, and shall include, for each
release for which reduced reporting as
a continuous release is claimed, the
following information:
*
*
*
*
*
(f) Follow-up notification. Within 30
days of the first anniversary date of the
initial written notification, the person in
charge of the facility or vessel shall
evaluate each hazardous substance
release reported to verify and update the
information submitted in the initial
written notification. The follow-up
written notification shall be submitted
to the appropriate EPA HQ office. The
follow-up notification shall include the
following information:
*
*
*
*
*
(g) * * *
(2) * * *
(i) Reporting at least one statistically
significant increase report as required
under paragraph (h) of this section and,
at the same time, informing the National
Response Center of the change in the
normal range; and
(ii) Submitting, within 30 days of the
telephone notification, written
notification to the appropriate EPA
Headquarters office describing the new
normal range, the reason for the change,
and the basis for stating that the release
in the increased amount is continuous
and stable in quantity and rate under
the definitions in paragraph (b) of this
section.
(3) Changes in other reported
information. If there is a change in any
information submitted in the initial
written notification or the follow-up
notification other than a change in the
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
62737
source, composition, or quantity of the
release, the person in charge of the
facility or vessel shall provide written
notification of the change to the
appropriate EPA HQ office, within 30
days of determining that the information
submitted previously is no longer valid.
Notification shall include the reason for
the change, and the basis for stating that
the release is continuous and stable
under the changed conditions.
(4) Certificate of changes. Notification
of changes shall include the case
number assigned by the National
Response Center or the Environmental
Protection Agency and also the signed
certification statement required at
(e)(1)(iv)(H) of this section.
*
*
*
*
*
(j) Use of the SARA Title III (EPCRA)
section 313 form. In lieu of an initial
written report or a follow-up report,
owners or operators of facilities subject
to the requirements of SARA Title III
(EPCRA) section 313 may submit to the
appropriate EPA HQ office, a copy of
the Toxic Release Inventory form
submitted under SARA Title III
(EPCRA) section 313 the previous July
1, provided that the following
information is added:
*
*
*
*
*
(l) Multiple concurrent releases.
Multiple concurrent releases of the same
substance occurring at various locations
with respect to contiguous plants or
installations upon contiguous grounds
that are under common ownership or
control may be considered separately or
added together in determining whether
such releases constitute a continuous
release or a statistically significant
increase under the definitions in
paragraph (b) of this section; whichever
approach is elected for purposes of
determining whether a release is
continuous also must be used to
determine a statistically significant
increase in the release.
*
*
*
*
*
[FR Doc. 2021–24373 Filed 11–10–21; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 211108–0227;RTID 0648–XT040]
Atlantic Highly Migratory Species;
2022 Atlantic Shark Commercial
Fishing Year
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
E:\FR\FM\12NOR1.SGM
12NOR1
62738
Federal Register / Vol. 86, No. 216 / Friday, November 12, 2021 / Rules and Regulations
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; fishing season
notification.
This final rule establishes the
2022 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 2022 fishing
year, with adjustments based on harvest
levels during 2021 and establishes the
large coastal shark (LCS) initial
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, 2022. The 2022 Atlantic commercial
shark fishing year opens on January 1,
2022, for all species and regions.
ADDRESSES: Atlantic Highly Migratory
Species (HMS) Management Division,
1315 East-West Highway, Silver Spring,
MD 20910; https://www.fisheries.
noaa.gov/topic/atlantic-highlymigratory-species.
FOR FURTHER INFORMATION CONTACT: Guy
DuBeck (guy.dubeck@noaa.gov), Derek
Kraft (derek.kraft@noaa.gov), or Karyl
Brewster-Geisz (karyl.brewster-geisz@
noaa.gov) at 301–427–8503.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
Background
The Atlantic commercial shark
fisheries are managed under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act). The 2006
Consolidated Atlantic 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 default
commercial shark retention limits,
commercial quotas for species and
management groups, and accounting
measures for underharvests and
overharvests. The retention limits,
commercial quotas, and accounting
measures can be found at §§ 635.24(a)
and 635.27(b). Regulations also include
provisions allowing flexible opening
dates for the fishing year (§ 635.27(b)(3))
VerDate Sep<11>2014
15:55 Nov 10, 2021
Jkt 256001
and inseason adjustments to shark trip
limits (§ 635.24(a)(8)), which provide
management flexibility in furtherance of
equitable fishing opportunities, to the
extent practicable, for commercial shark
fishermen in all regions and areas. In
addition, § 635.28(b)(4) lists species
and/or management groups with quotas
that are linked. If quotas are linked,
when the specified quota threshold for
one management group or species is
reached and that management group or
species is closed, the linked
management group or species closes at
the same time (§ 635.28(b)(3)). Lastly,
pursuant to § 635.27(b)(3), any annual or
inseason adjustments to the base annual
commercial overall, regional, or subregional quotas will be published in the
Federal Register.
On August 8, 2021, NMFS published
a proposed rule (86 FR 43151) regarding
management measures for the
commercial shark fisheries for the 2022
fishing year. The rule proposed opening
all Atlantic commercial shark
management groups on January 1, 2022,
setting initial retention limits for LCS by
directed shark limited access permit
holders, and adjusting certain quotas for
the 2022 fishing year based on harvest
levels during 2021. The proposed rule
contains background information and
details that are not repeated here. The
comment period on the proposed rule
closed on September 7, 2021. NMFS
received one written comment during
the comment period. This comment,
along with NMFS’ response, is
summarized below. After considering
the comment, NMFS is finalizing the
rule as proposed.
Specifically, NMFS is opening the
fishing year for all shark management
groups on January 1, 2022. As described
in the proposed rule, in establishing the
opening date, NMFS considered the
‘‘opening commercial fishing season’’
criteria at § 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
55 LCS other than sandbar sharks per
vessel per trip for the entire Gulf of
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
Mexico region (which includes both the
eastern and western sub-regions) and 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 limits for
incidental shark limited access permit
holders 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 also adjusts certain
annual commercial quotas for 2022
based on over- and/or underharvests,
calculated after accounting for landings
reported by September 17, 2021,
consistent with existing regulations.
Updated landings information as of
September 17, 2021 has been reviewed
(as reflected in Table 1), 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 one written comment
on the proposed rule. That comment can
be found at https://www.regulations.gov/
by searching for NOAA–NMFS–2021–
0056. The comment received is
summarized below.
Comment 1: NMFS received a
comment requesting a prohibition of all
commercial shark fishing.
Response: This comment is outside
the scope of this rulemaking because the
purpose of this rulemaking is to adjust
certain quotas for the 2022 shark season
based on over- and underharvests from
the previous years and to set opening
dates and commercial retention limits
for the 2022 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. Sustainable
commercial shark fishing is allowed
E:\FR\FM\12NOR1.SGM
12NOR1
Federal Register / Vol. 86, No. 216 / Friday, November 12, 2021 / Rules and Regulations
under the Magnuson-Stevens Act and
other applicable laws.
Changes From the Proposed Rule
After considering public comment
and updated landings information,
NMFS is finalizing the rule as proposed,
without changes regarding the fishing
season opening dates or retention limits.
2022 Annual Quotas
This final rule adjusts certain 2022
commercial quotas due to overharvests
in 2021 and previous fishing years and/
or underharvests in 2021, based on
landings data received by September 17,
2021. 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, current regulations provide
that the underharvest adjustments
cannot exceed 50 percent of the base
annual quota. The 2022 annual quotas
62739
are summarized in Table 1 by species
and management group. At this time,
NMFS anticipates that landings in
dealer reports that NMFS receives after
September 17, 2021, will be accounted
for by adjusting certain 2023 quotas, as
appropriate, although such landings
could also be accounted for in 2022. A
description of the quota calculations is
provided in the proposed rule and is not
repeated here.
TABLE 1—2022 PROPOSED QUOTAS AND OPENING DATE FOR THE ATLANTIC SHARK MANAGEMENT GROUPS
2021 Annual quota
Preliminary 2021
landings 1
Adjustments 2
2022 Base annual
quota
2022 Proposed
annual quota
(A)
(B)
(C)
(D)
(D + C)
222.6 mt (490,693
lb).
66.9 mt (147,445
lb).
<1.5 mt (<3,300
lb).
15.3 mt (33,800
lb).
49.7 mt (109,566
lb).
5.7 mt (12,567 lb)
115.7 mt (255,131
lb).
..............................
31.8 mt (70,172
lb).
0 mt (0 lb) ............
..............................
Porbeagle Sharks ...............
347.2 mt dw
(765,392 lb).
72.0 mt (158,724
lb).
11.9 mt (26,301
lb).
37.7 mt (83,158
lb).
85.5 mt (188,593
lb).
13.4 mt (29,421
lb).
112.6 mt (248,215
lb).
504.6 mt
(1,112,441 lb).
168.9 mt (372,552
lb).
27.1 mt (59,736
lb).
264.1 mt (582,333
lb).
17.2 mt (37,921
lb).
1,802.6 mt
(3,971,587 lb).
50.0 mt (110,230
lb).
90.7 mt (199,943
lb).
273.0 mt (601,856
lb).
1.7 mt (3,748 lb) ..
231.5 mt (510,261
lb).
72.0 mt (158,724
lb).
11.9 mt (26,301
lb).
25.1 mt (55,439
lb).
85.5 mt (188,593
lb).
13.4 mt (29,421
lb).
112.6 mt (248,215
lb).
336.4 mt (741,627
lb).
168.9 mt (372,552
lb).
27.1 mt (59,736
lb).
264.1 mt (582,333
lb).
17.2 mt (37,921
lb).
1,201.7 mt
(2,649,268 lb).
50.0 mt (110,230
lb).
90.7 mt (199,943
lb).
273.0 mt (601,856
lb).
1.7 mt (3,748 lb) ..
347.2 mt (765,392
lb)
72.0 mt (158,724
lb)
11.9 mt (26,301
lb)
37.7 mt (83,158
lb)
85.5 mt (188,593
lb)
13.4 mt (29,421
lb))
112.6 mt (248,215
lb)
504.6 mt
(1,112,441 lb)
168.9 mt (372,552
lb)
27.1 mt (59,736
lb)
264.1 mt (582,333
lb)
17.2 mt (37,921
lb)
1,802.6 mt
(3,973,902 lb)
50.0 mt (110,230
lb)
90.7 mt (199,943
lb)
273.0 mt (601,856
lb)
1.7 mt (3,748 lb)
Pelagic Sharks Other Than
Porbeagle or Blue.
488.0 mt
(1,075,856 lb).
488.0 mt
(1,075,856 lb).
488.0 mt
(1,075,856 lb)
Region or sub-region
Western Gulf of Mexico .......
Management group
Blacktip
Sharks 3
.................
Aggregated 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 ........................
53.5 mt (117,960
lb).
12.2 mt (26,842
lb).
52.4 mt (115,473
lb).
5.3 mt (11,787 lb)
..............................
12.6 mt (27,719
lb).
..............................
..............................
168.2 mt (370,814
lb).
..............................
..............................
..............................
..............................
272.3 mt (600,339
lb).
7.4 mt (16,304 lb)
600.9 mt
(1,324,634 lb).
..............................
49.0 mt
lb).
<1.0 mt
lb).
<1.0 mt
lb).
30.3 mt
lb).
(108,131
..............................
(<2,200
..............................
(<2,200
..............................
(66,738
..............................
1 Landings
are from January 1, 2021, through September 17, 2021, and are subject to change as additional data is received.
adjustments can only be applied to stocks or management groups that are not overfished and have no overfishing occurring and that do not have
an ‘‘unknown’’ status. Also, the underharvest adjustments cannot exceed 50 percent of the base quota.
3 This adjustment accounts for underharvest in 2021. This proposed rule would increase the overall Gulf of Mexico blacktip shark quota by 128.3 metric ton (mt)
(282,850 pounds (lb)). Since any underharvest would be divided based on the sub-regional quota percentage split, the western Gulf of Mexico blacktip shark quota
would be increased by 115.7 mt, while the eastern Gulf of Mexico blacktip shark quota would be increased by 12.6 mt.
2 Underharvest
lotter on DSK11XQN23PROD with RULES1
2022 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 (86 FR 43151; August
8, 2021), and after considering public
comment, this rule establishes a January
1, 2022, 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
VerDate Sep<11>2014
16:24 Nov 10, 2021
Jkt 256001
access permit holders fishing on the
Gulf of Mexico blacktip shark,
aggregated LCS, and hammerhead shark
management groups, as well as the
Atlantic aggregated LCS and
hammerhead shark management groups
will start the commercial fishing year
with a limit of 55 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).
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
All of the shark management groups
will remain open until December 31,
2022, or until closure is appropriate.
Under the regulations, shark fisheries
are closed if 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
E:\FR\FM\12NOR1.SGM
12NOR1
62740
Federal Register / Vol. 86, No. 216 / Friday, November 12, 2021 / Rules and Regulations
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
established non-linked and linked
quotas. Linked quotas are explicitly
designed to concurrently close shark
management groups that are caught
together and linked by regulation 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 subregion that will be effective no fewer
than 4 days from the date of filing
(§ 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
(inseason adjustments are available)
Region or sub-region
Management group
Quota
linkages
Opening dates
Eastern Gulf of Mexico .............
Blacktip Sharks .........................
Not Linked ............
January 1, 2022 .............
55 LCS other than sandbar sharks per vessel
per trip.
Linked.
Western Gulf of Mexico ............
Aggregated Large Coastal
Sharks.
Hammerhead Sharks.
Blacktip Sharks .........................
January 1, 2022 .............
55 LCS other than sandbar sharks per vessel
per trip.
Not Linked ............
January 1, 2022 .............
N/A.
Not Linked ............
Linked ...................
January 1, 2022.
January 1, 2022 .............
Linked (South of
34° N lat. only).
January 1, 2022 .............
N/A.
Not Linked ............
Linked ...................
January 1, 2022 .............
January 1, 2022 .............
8 blacknose sharks per vessel per trip
(applies to directed and incidental permit holders).
N/A.
N/A.
Not Linked ............
January 1, 2022 .............
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 .....................
Smoothhound Sharks ...............
Non-Sandbar LCS Research ....
Sandbar Shark Research.
Blue Sharks ..............................
Porbeagle Sharks.
Pelagic Sharks Other Than
Porbeagle or Blue.
Not Linked ............
Linked.
55 LCS other than sandbar sharks per vessel
per trip.
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
lotter on DSK11XQN23PROD with RULES1
NMFS is issuing this rule pursuant to
305(d) of the Magnuson-Stevens Act,
which authorizes the Secretary to
promulgate regulations as may be
necessary to carry out FMPs or FMP
amendments or other provisions of the
Act. This action carries out provisions
of the 2006 Consolidated HMS FMP and
its amendments. The NMFS Assistant
Administrator has determined that the
final rule is consistent with the 2006
VerDate Sep<11>2014
15:55 Nov 10, 2021
Jkt 256001
Consolidated HMS FMP and its
amendments, other provisions of the
Magnuson-Stevens Act, and other
applicable laws.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
This final rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
The Chief Counsel for Regulation of
the Department of Commerce certified
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required, and none was prepared.
E:\FR\FM\12NOR1.SGM
12NOR1
Federal Register / Vol. 86, No. 216 / Friday, November 12, 2021 / Rules and Regulations
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels,
Foreign relations, Imports, Penalties,
Reporting and recordkeeping
requirements, Statistics, Treaties.
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.
1801 et seq.
62741
Dated: November 8, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021–24721 Filed 11–10–21; 8:45 am]
lotter on DSK11XQN23PROD with RULES1
BILLING CODE 3510–22–P
VerDate Sep<11>2014
15:55 Nov 10, 2021
Jkt 256001
PO 00000
Frm 00029
Fmt 4700
Sfmt 9990
E:\FR\FM\12NOR1.SGM
12NOR1
]]>Agencies
[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Rules and Regulations]
[Pages 62737-62741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24721]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 211108-0227;RTID 0648-XT040]
Atlantic Highly Migratory Species; 2022 Atlantic Shark Commercial
Fishing Year
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 62738]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; fishing season notification.
-----------------------------------------------------------------------
SUMMARY: This final rule establishes the 2022 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 2022 fishing year, with adjustments based on harvest
levels during 2021 and establishes the large coastal shark (LCS)
initial 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, 2022. The 2022 Atlantic
commercial shark fishing year opens on January 1, 2022, for all species
and regions.
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: Guy DuBeck ([email protected]),
Derek Kraft ([email protected]), or Karyl Brewster-Geisz
([email protected]) at 301-427-8503.
SUPPLEMENTARY INFORMATION:
Background
The Atlantic commercial shark fisheries are managed under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act). The 2006 Consolidated Atlantic 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 default
commercial shark retention limits, commercial quotas for species and
management groups, and accounting measures for underharvests and
overharvests. The retention limits, commercial quotas, and accounting
measures can be found at Sec. Sec. 635.24(a) and 635.27(b).
Regulations also include provisions allowing flexible opening dates for
the fishing year (Sec. 635.27(b)(3)) and inseason adjustments to shark
trip limits (Sec. 635.24(a)(8)), which provide management flexibility
in furtherance of equitable fishing opportunities, to the extent
practicable, for commercial shark fishermen in all regions and areas.
In addition, Sec. 635.28(b)(4) lists species and/or management groups
with quotas that are linked. If quotas are linked, when the specified
quota threshold for one management group or species is reached and that
management group or species is closed, the linked management group or
species closes at the same time (Sec. 635.28(b)(3)). Lastly, pursuant
to Sec. 635.27(b)(3), any annual or inseason adjustments to the base
annual commercial overall, regional, or sub-regional quotas will be
published in the Federal Register.
On August 8, 2021, NMFS published a proposed rule (86 FR 43151)
regarding management measures for the commercial shark fisheries for
the 2022 fishing year. The rule proposed opening all Atlantic
commercial shark management groups on January 1, 2022, setting initial
retention limits for LCS by directed shark limited access permit
holders, and adjusting certain quotas for the 2022 fishing year based
on harvest levels during 2021. The proposed rule contains background
information and details that are not repeated here. The comment period
on the proposed rule closed on September 7, 2021. NMFS received one
written comment during the comment period. This comment, along with
NMFS' response, is summarized below. After considering the comment,
NMFS is finalizing the rule as proposed.
Specifically, NMFS is opening the fishing year for all shark
management groups on January 1, 2022. As described in the proposed
rule, in establishing the opening date, NMFS considered the ``opening
commercial fishing season'' criteria at Sec. 635.27(b)(3). These
criteria include the following factors: Available annual quotas for the
current fishing season; estimated season length and average weekly
catch rates from previous years; length of the season and fishermen
participation in past years; impacts to accomplishing objectives of the
2006 Consolidated HMS FMP and its amendments; temporal variation in
behavior or biology of target species (e.g., seasonal distribution or
abundance); impact of catch rates in one region on another; and effects
of delayed season openings. 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 55 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 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 limits for incidental shark limited access permit
holders 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 also adjusts certain annual commercial quotas for
2022 based on over- and/or underharvests, calculated after accounting
for landings reported by September 17, 2021, consistent with existing
regulations. Updated landings information as of September 17, 2021 has
been reviewed (as reflected in Table 1), 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 one written comment on the proposed rule. That
comment can be found at https://www.regulations.gov/ by searching for
NOAA-NMFS-2021-0056. The comment received is summarized below.
Comment 1: NMFS received a comment requesting a prohibition of all
commercial shark fishing.
Response: This comment is outside the scope of this rulemaking
because the purpose of this rulemaking is to adjust certain quotas for
the 2022 shark season based on over- and underharvests from the
previous years and to set opening dates and commercial retention limits
for the 2022 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. Sustainable commercial shark
fishing is allowed
[[Page 62739]]
under the Magnuson-Stevens Act and other applicable laws.
Changes From the Proposed Rule
After considering public comment and updated landings information,
NMFS is finalizing the rule as proposed, without changes regarding the
fishing season opening dates or retention limits.
2022 Annual Quotas
This final rule adjusts certain 2022 commercial quotas due to
overharvests in 2021 and previous fishing years and/or underharvests in
2021, based on landings data received by September 17, 2021.
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, current regulations provide that the
underharvest adjustments cannot exceed 50 percent of the base annual
quota. The 2022 annual quotas are summarized in Table 1 by species and
management group. At this time, NMFS anticipates that landings in
dealer reports that NMFS receives after September 17, 2021, will be
accounted for by adjusting certain 2023 quotas, as appropriate,
although such landings could also be accounted for in 2022. A
description of the quota calculations is provided in the proposed rule
and is not repeated here.
Table 1--2022 Proposed Quotas and Opening Date for the Atlantic Shark Management Groups
--------------------------------------------------------------------------------------------------------------------------------------------------------
Preliminary 2021 2022 Base annual 2022 Proposed
Region or sub-region Management group 2021 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 222.6 mt (490,693 115.7 mt (255,131 231.5 mt (510,261 347.2 mt (765,392
\3\. (765,392 lb). lb). lb). lb). lb)
Aggregated Large 72.0 mt (158,724 66.9 mt (147,445 .................. 72.0 mt (158,724 72.0 mt (158,724
Coastal Sharks. lb). lb). lb). lb)
Hammerhead Sharks. 11.9 mt (26,301 <1.5 mt (<3,300 .................. 11.9 mt (26,301 11.9 mt (26,301
lb). lb). lb). lb)
Eastern Gulf of Mexico.......... Blacktip Sharks 37.7 mt (83,158 15.3 mt (33,800 12.6 mt (27,719 25.1 mt (55,439 37.7 mt (83,158
\3\. lb). lb). lb). lb). lb)
Aggregated Large 85.5 mt (188,593 49.7 mt (109,566 .................. 85.5 mt (188,593 85.5 mt (188,593
Coastal Sharks. lb). lb). lb). lb)
Hammerhead Sharks. 13.4 mt (29,421 5.7 mt (12,567 lb) .................. 13.4 mt (29,421 13.4 mt (29,421
lb). lb). lb))
Gulf of Mexico.................. Non-Blacknose 112.6 mt (248,215 31.8 mt (70,172 .................. 112.6 mt (248,215 112.6 mt (248,215
Small Coastal lb). lb). lb). lb)
Sharks.
Smoothhound Sharks 504.6 mt 0 mt (0 lb)....... 168.2 mt (370,814 336.4 mt (741,627 504.6 mt
(1,112,441 lb). lb). lb). (1,112,441 lb)
Atlantic........................ Aggregated Large 168.9 mt (372,552 53.5 mt (117,960 .................. 168.9 mt (372,552 168.9 mt (372,552
Coastal Sharks. lb). lb). lb). lb)
Hammerhead Sharks. 27.1 mt (59,736 12.2 mt (26,842 .................. 27.1 mt (59,736 27.1 mt (59,736
lb). lb). lb). lb)
Non-Blacknose 264.1 mt (582,333 52.4 mt (115,473 .................. 264.1 mt (582,333 264.1 mt (582,333
Small Coastal lb). lb). lb). lb)
Sharks.
Blacknose Sharks 17.2 mt (37,921 5.3 mt (11,787 lb) .................. 17.2 mt (37,921 17.2 mt (37,921
(South of 34[deg] lb). lb). lb)
N lat. only).
Smoothhound Sharks 1,802.6 mt 272.3 mt (600,339 600.9 mt 1,201.7 mt 1,802.6 mt
(3,971,587 lb). lb). (1,324,634 lb). (2,649,268 lb). (3,973,902 lb)
No regional quotas.............. Non-Sandbar LCS 50.0 mt (110,230 7.4 mt (16,304 lb) .................. 50.0 mt (110,230 50.0 mt (110,230
Research. lb). lb). lb)
Sandbar Shark 90.7 mt (199,943 49.0 mt (108,131 .................. 90.7 mt (199,943 90.7 mt (199,943
Research. lb). lb). lb). lb)
Blue Sharks....... 273.0 mt (601,856 <1.0 mt (<2,200 .................. 273.0 mt (601,856 273.0 mt (601,856
lb). lb). lb). lb)
Porbeagle Sharks.. 1.7 mt (3,748 lb). <1.0 mt (<2,200 .................. 1.7 mt (3,748 lb). 1.7 mt (3,748 lb)
lb).
Pelagic Sharks 488.0 mt 30.3 mt (66,738 .................. 488.0 mt 488.0 mt
Other Than (1,075,856 lb). lb). (1,075,856 lb). (1,075,856 lb)
Porbeagle or Blue.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Landings are from January 1, 2021, through September 17, 2021, and are subject to change as additional data is received.
\2\ Underharvest adjustments can only be applied to stocks or management groups that are not overfished and have no overfishing occurring and that do
not have an ``unknown'' status. Also, the underharvest adjustments cannot exceed 50 percent of the base quota.
\3\ This adjustment accounts for underharvest in 2021. This proposed rule would increase the overall Gulf of Mexico blacktip shark quota by 128.3 metric
ton (mt) (282,850 pounds (lb)). Since any underharvest would be divided based on the sub-regional quota percentage split, the western Gulf of Mexico
blacktip shark quota would be increased by 115.7 mt, while the eastern Gulf of Mexico blacktip shark quota would be increased by 12.6 mt.
2022 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
(86 FR 43151; August 8, 2021), and after considering public comment,
this rule establishes a January 1, 2022, 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,
as well as the Atlantic aggregated LCS and hammerhead shark management
groups will start the commercial fishing year with a limit of 55 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).
All of the shark management groups will remain open until December
31, 2022, or until closure is appropriate. Under the regulations, shark
fisheries are closed if 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
[[Page 62740]]
management group is closed. For the blacktip shark management group,
regulations at Sec. 635.28(b)(5)(i) through (v) authorize NMFS to
close the management group before landings reach or are expected to
reach 80 percent of the available overall, regional, and/or sub-
regional quota after considering the following criteria and other
relevant factors: Season length based on available sub-regional quota
and average sub-regional catch rates; variability in regional and/or
sub-regional seasonal distribution, abundance, and migratory patterns;
effects on accomplishing the objectives of the 2006 Consolidated
Atlantic HMS FMP and its amendments; amount of remaining shark quotas
in the relevant sub-region; and regional and/or sub-regional catch
rates of the relevant shark species or management groups. Additionally,
NMFS has previously established non-linked and linked quotas. Linked
quotas are explicitly designed to concurrently close shark management
groups that are caught together and linked by regulation 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
(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
Region or sub-region Management Quota linkages Opening dates limited access
group permit holders
(inseason
adjustments are
available)
----------------------------------------------------------------------------------------------------------------
Eastern Gulf of Mexico...... Blacktip Sharks Not Linked.......... January 1, 2022........... 55 LCS other
than sandbar
sharks per
vessel per
trip.
Aggregated Linked..............
Large Coastal
Sharks.
Hammerhead
Sharks.
Western Gulf of Mexico...... Blacktip Sharks Not Linked.......... January 1, 2022........... 55 LCS other
than sandbar
sharks per
vessel per
trip.
Aggregated Linked..............
Large Coastal
Sharks.
Hammerhead
Sharks.
Gulf of Mexico.............. Non-Blacknose Not Linked.......... January 1, 2022........... N/A.
Small Coastal
Sharks.
Smoothhound Not Linked.......... January 1, 2022...........
Sharks.
Atlantic.................... Aggregated Linked.............. January 1, 2022........... 55 LCS other
Large Coastal than sandbar
Sharks. sharks per
vessel per
trip.
Hammerhead
Sharks.
Non-Blacknose Linked (South of January 1, 2022........... N/A.
Small Coastal 34[deg] N lat.
Sharks. only).
Blacknose 8 blacknose
Sharks. sharks per
vessel per
trip
(applies to
directed and
incidental
permit
holders).
Smoothhound Not Linked.......... January 1, 2022........... N/A.
Sharks.
No regional quotas.......... Non-Sandbar LCS Linked.............. January 1, 2022........... N/A.
Research.
Sandbar Shark
Research.
Blue Sharks.... Not Linked.......... January 1, 2022........... 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
NMFS is issuing this rule pursuant to 305(d) of the Magnuson-
Stevens Act, which authorizes the Secretary to promulgate regulations
as may be necessary to carry out FMPs or FMP amendments or other
provisions of the Act. This action carries out provisions of the 2006
Consolidated HMS FMP and its amendments. 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.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required, and none was prepared.
[[Page 62741]]
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations, Imports,
Penalties, Reporting and recordkeeping requirements, Statistics,
Treaties.
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
Dated: November 8, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021-24721 Filed 11-10-21; 8:45 am]
BILLING CODE 3510-22-P
