Atlantic Highly Migratory Species; 2023 Atlantic Shark Commercial Fishing Year, 55379-55387 [2022-19473]
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Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Proposed Rules
could retain an amount of red porgy
over the longest amount of time during
the fishing seasons and would increase
the likelihood of red porgy remaining
open to commercial harvest and
available to consumers for as long as
possible. Additionally, the proposed
trip limit is expected to minimize
discards of incidentally harvested red
porgy when targeting other snappergrouper species such as gray triggerfish
and vermilion snapper.
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Recreational Bag and Possession Limits
The current recreational bag and
possession limits for red porgy in the
South Atlantic, established by
Amendment 13C to the FMP, are 3 per
person per day, or 3 per person per trip,
whichever is more restrictive.
Amendment 50 would reduce the
recreational bag and possession limits to
1 fish per person per day, or 1 fish per
person per trip, whichever is more
restrictive.
Given the substantial reduction in
harvest needed to end the overfishing of
red porgy and increase the likelihood of
rebuilding the stock, the Council
selected the lowest bag limit that was
considered in Amendment 50 to
continue to allow recreational retention
and to help constrain harvest to the
reduced recreational ACL.
Recreational Fishing Season
The recreational harvest of red porgy
is currently allowed year-round until
the recreational ACL is met or is
projected to be met. Amendment 50
would establish a recreational fishing
season for red porgy where harvest
would be allowed May 1 through June
30. The recreational sector would be
closed annually from January 1 through
April 30, and July 1 through December
31. During the proposed seasonal
closures, the recreational bag and
possession limits for red porgy would be
zero.
Given the substantial reductions in
harvest that are needed to address the
stock’s overfishing and overfished
determinations, shortening the time
recreational fishing is allowed
contributes to reducing the risk that
recreational catches exceed the
proposed reduced ACL. The Council
selected the most conservative
recreational fishing season alternative in
Amendment 50 to reduce the chance the
recreational ACL would be exceeded,
while still allowing some recreational
harvest opportunities to occur.
Recreational AMs
The current recreational AMs were
established through Amendment 34 to
the FMP (81 FR 3731, January 22, 2016).
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The AM includes an in-season closure
for the remainder of the fishing year if
recreational landings reach or are
projected to reach the recreational ACL,
regardless of whether the stock is
overfished. The AM also includes postseason adjustments. If recreational
landings exceed the recreational ACL,
then during the following fishing year
recreational landings will be monitored
for a persistence in increased landings.
If the total ACL is exceeded and red
porgy are overfished, the length of the
recreational fishing season and the
recreational ACL are reduced by the
amount of the recreational ACL overage.
Amendment 50 would revise the
recreational AMs for red porgy. The
current in-season closure and the postseason AM would be removed. The
proposed recreational AM would be a
post-season AM that would be triggered
in the following fishing year if the
recreational ACL is exceeded. If
recreational landings exceed the
recreational ACL, the length of the
following year’s recreational fishing
season would be reduced by the amount
necessary to prevent the recreational
ACL from being exceeded in the
following year. However, the length of
the recreational season would not be
reduced if the Regional Administrator
determines, using the best scientific
information available, that a reduction
is not necessary.
The Council’s intent in revising the
recreational AMs is to avoid in-season
closures of the recreational sector and
extend maximum fishing opportunities
to the sector during the proposed 2month recreational season. The
proposed AM would remove the current
potential duplicate AM application of a
reduction in the recreational season
length and a payback of the recreational
ACL overage if the total ACL was
exceeded. Under this proposed measure,
the AM trigger would not be tied to the
total ACL, but only to the recreational
ACL. The proposed modification would
ensure that overages in the recreational
sector do not in turn affect the catch
levels for the commercial sector. Any
reduced recreational season length as a
result of the AM being implemented
would apply to the recreational fishing
season following a recreational ACL
overage.
Proposed Rule for Amendment 50
A proposed rule to implement
Amendment 50 has been drafted. In
accordance with the Magnuson-Stevens
Act, NMFS is evaluating the proposed
rule for Amendment 50 to determine
whether it is consistent with the FMP,
the Magnuson-Stevens Act, and other
applicable law. If that determination is
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55379
affirmative, NMFS will publish the
proposed rule in the Federal Register
for public review and comment.
Consideration of Public Comments
The Council has submitted
Amendment 50 for Secretarial review,
approval, and implementation.
Comments on Amendment 50 must be
received by November 8, 2022.
Comments received during the
respective comment periods, whether
specifically directed to Amendment 50
or the proposed rule, will be considered
by NMFS in the decision to approve,
partially approve, or disapprove,
Amendment 50. All comments received
by NMFS on the amendment or the
proposed rule during their respective
comment periods will be addressed in
the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 6, 2022.
Kelly Denit,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2022–19508 Filed 9–8–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 220902–0184; RTID 0648–
XC082]
Atlantic Highly Migratory Species;
2023 Atlantic Shark Commercial
Fishing Year
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
This proposed rule would
adjust quotas and retention limits and
establish the opening date for the 2023
fishing year for the Atlantic commercial
shark fisheries. Quotas would be
adjusted as required or allowable based
on any underharvests from the 2022
fishing year. NMFS proposes the
opening date and commercial retention
limits to provide, to the extent
practicable, fishing opportunities for
commercial shark fishermen in all
regions and areas. The proposed
measures could affect fishing
opportunities for commercial shark
fishermen in the northwestern Atlantic
Ocean, Gulf of Mexico, and Caribbean
Sea.
SUMMARY:
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Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Proposed Rules
Written comments must be
received by October 11, 2022.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2022–0064, by electronic
submission. Submit all electronic public
comments via the Federal e-Rulemaking
Portal. Go to https://
www.regulations.gov and enter NOAA–
NMFS–2022–0064 in the search box.
Click on the ‘‘Comment’’ icon, complete
the required fields, and enter or attach
your comments.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Copies of this proposed rule and
supporting documents are available
from the Atlantic Highly Migratory
Species (HMS) Management Division
website at https://
www.fisheries.noaa.gov/topic/atlantichighly-migratory-species or by
contacting Ann Williamson
(ann.williamson@noaa.gov) by phone at
301–427–8503.
FOR FURTHER INFORMATION CONTACT: Ann
Williamson (ann.williamson@noaa.gov),
Guy DuBeck (guy.dubeck@noaa.gov), or
Karyl Brewster-Geisz (karyl.brewstergeisz@noaa.gov) at 301–427–8503.
SUPPLEMENTARY INFORMATION:
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DATES:
Background
Atlantic shark fisheries are managed
primarily under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.) and the Atlantic Tunas
Convention Act (16 U.S.C. 971 et seq.).
The 2006 Consolidated Atlantic HMS
Fishery Management Plan (2006
Consolidated HMS 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
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default commercial shark retention
limits, commercial quotas for species
and management groups, and
accountability measures for
underharvests and overharvests. The
retention limits, commercial quotas, and
accountability measures can be found at
50 CFR 635.24(a), 635.27(b), and
635.28(b). Regulations also include
provisions allowing flexible opening
dates for the fishing year (§ 635.27(b)(3))
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
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)(2), any annual or inseason
adjustments to the base annual
commercial overall, regional, or subregional quotas will be published in the
Federal Register.
2023 Proposed Commercial Shark
Quotas
NMFS proposes to adjust the quota
levels for the various shark stocks and
management groups for the 2023
Atlantic commercial shark fishing year
(i.e., January 1 through December 31,
2023) based on underharvests that
occurred during the 2022 fishing year,
consistent with existing regulations at
§ 635.27(b). Overharvests and
underharvests are accounted for in the
same region, sub-region, or fishery in
which they occurred the following year,
except that large overharvests may be
spread over a number of subsequent
fishing years up to a maximum of five
years. If a sub-regional quota is
overharvested, but the overall regional
quota is not, no subsequent adjustment
is required. Unharvested quota may be
added to the quota for the next fishing
year, but only for shark management
groups that have shark stocks that are
declared not overfished and not
experiencing overfishing. No more than
50 percent of a base annual quota may
be carried over from a previous fishing
year.
Based on 2022 harvests to date, and
after considering catch rates and
landings from previous years, NMFS
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proposes to adjust the 2023 quotas for
certain management groups as shown in
Table 1. All of the 2023 proposed quotas
for the respective stocks and
management groups will be subject to
further adjustment in the final rule after
NMFS considers landings submitted in
the dealer reports through mid-October.
NMFS anticipates that dealer reports
received after that time will be used to
adjust 2024 quotas, as appropriate,
noting that, in some circumstances,
NMFS re-adjusts quotas during the
subject year.
Because the Gulf of Mexico blacktip
shark management group and
smoothhound shark management groups
in the Gulf of Mexico and Atlantic
regions are not overfished, and
overfishing is not occurring, available
underharvest (up to 50 percent of the
base annual quota) from the 2022
fishing year for these management
groups may be added to their respective
2023 base quotas. NMFS proposes to
account for any underharvest of Gulf of
Mexico blacktip sharks by dividing
underharvest between the eastern and
western Gulf of Mexico sub-regional
quotas based on the sub-regional quota
split percentage (§ 635.27(b)(1)(ii)(C)).
For the sandbar shark, aggregated
large coastal shark (LCS), hammerhead
shark, non-blacknose small coastal
shark (SCS), blacknose shark, blue
shark, porbeagle shark, and pelagic
shark (other than porbeagle or blue
sharks) management groups, the 2022
underharvests cannot be carried over to
the 2023 fishing year because those
stocks or management groups are
overfished, are experiencing
overfishing, or have an unknown status.
There are no overharvests to account for
in these management groups to date.
Thus, NMFS proposes that quotas for
these management groups be equal to
the annual base quota without
adjustment, although the ultimate
decision will be based on current data
at the time of the final rule.
The proposed 2023 quotas by species
and management group are summarized
in Table 1 and the description of the
calculations for each stock and
management group can be found below.
All quotas and landings are in dressed
weight (dw) metric tons (mt). Table 1
includes landings data as of July 15,
2022. Final quotas are subject to change
based on landings as of mid-October
2022.
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TABLE 1—2023 PROPOSED QUOTAS AND OPENING DATES FOR THE ATLANTIC SHARK MANAGEMENT GROUPS
Region or
sub-region
Management
group
Western Gulf of
Mexico.
Blacktip Sharks ..
Aggregate Large
Coastal
Sharks 3.
Hammerhead
Sharks 4.
Blacktip Sharks ..
Eastern Gulf of
Mexico.
Gulf of Mexico .....
Atlantic .................
No Regional
Quotas.
Aggregate Large
Coastal
Sharks 3.
Hammerhead
Sharks 4.
Non-Blacknose
Small Coastal
Sharks.
Smoothhound
Sharks.
Aggregate Large
Coastal Sharks.
Hammerhead
Sharks 4.
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.
2022 Annual
quota
Preliminary 2022
landings 1
Adjustments 2
2023 Base
annual quota
2023 Proposed
annual quota
(A)
(B)
(C)
(D)
(D + C)
347.2 mt .............
(765,392 lb) .......
72.0 mt ...............
(158,724 lb) .......
210.9 mt .............
(464,908 lb) .......
67.3 mt ...............
(148,371 lb) .......
115.7 mt .............
(225,131 lb) .......
............................
............................
231.5 mt .............
(510,261 lb) .......
72.0 mt ...............
(158,724 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) .......
<2.0 mt ...............
(<4,400 lb) .........
1.5 mt .................
(3,339 lb) ...........
36.1 mt ...............
(79,506 lb) .........
............................
............................
12.6 mt ...............
(27,719 lb) .........
............................
............................
11.9 mt. ..............
(26,301 lb) .........
25.1 mt ...............
(55,439 lb) .........
85.5 mt ...............
(188,593 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 .............
(428,215 lb) .......
3.4 mt .................
(7,487 lb) ...........
17.1 mt ...............
(37,639 lb) .........
............................
............................
............................
............................
13.4 mt ...............
(29,421 lb) .........
112.6 mt .............
(428,215 lb) .......
13.4 mt.
(29,421 lb).
112.6 mt.
(428,215 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) .......
0.0 mt .................
(0 lb) ..................
48.0 mt ...............
(105,893 lb) .......
21.5 mt ...............
(47,294 lb) .........
29.8 mt ...............
(65,727 lb) .........
168.2 mt .............
(370,814 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) .......
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 ...............
(3,973,902 lb) ....
2.8 mt .................
(6,231 lb) ...........
............................
............................
17.2 mt ...............
(3,973,902 lb) ....
17.2 mt.
(3,973,902 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) ...........
488.0 mt .............
(1,075,856 lb) ....
176.8 mt .............
(389,804 lb) .......
2.1 mt .................
(4,650 lb) ...........
38.2 mt ...............
(84,161 lb) .........
<1.0 mt ...............
(<2,200 lb) .........
0.0 mt .................
(0 lb) ..................
20.6 mt ...............
(45,383 lb) .........
600.9 mt .............
(1,324,634 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) ...........
488.0 mt .............
(1,075,856 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).
488.0 mt.
(1,075,856 lb).
Season
opening date
January 1, 2023.
January 1, 2023.
January 1, 2023.
1 Landings
are from January 1, 2022 through July 15, 2022 and are subject to change.
adjustments can only be applied to stocks or management groups that are declared not overfished and have no overfishing occurring. The underharvest adjustments cannot exceed 50 percent of the base quota.
3 NMFS transferred 11.3 mt dw of the aggregate LCS quota from the Gulf of Mexico eastern sub-region to the western sub-region on June 28, 2022 (87 FR 38676;
June 29, 2022).
4 NMFS transferred 6.8 mt dw of the hammerhead quota from the western Gulf of Mexico sub-region to the Atlantic region on June 28, 2022 (87 FR 38676; June
29, 2022).
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2 Underharvest
Shark Management Groups Where
Underharvests Can Be Carried Over
The Gulf of Mexico blacktip shark
management group (which is divided
between eastern and western subregions) and smoothhound shark
management groups in the Gulf of
Mexico and Atlantic regions are not
overfished, and overfishing is not
occurring. Pursuant to § 635.27(b)(2)(ii),
available underharvest (up to 50 percent
of the base annual quota) from the 2022
fishing year for these management
groups may be added to their respective
2023 base quotas. Reported landings for
blacktip sharks and smoothhound
sharks have not exceeded their 2022
quotas to date.
Blacktip Sharks: The 2023 proposed
commercial quota for blacktip sharks in
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the western Gulf of Mexico sub-region is
347.2 mt dw (765,392 lb dw) and in the
eastern Gulf of Mexico sub-region is
37.7 mt dw (83,158 lb dw). As of July
15, 2022, preliminary reported landings
for blacktip sharks in the Gulf of Mexico
western sub-region were at 61 percent
(210.9 mt dw) of their 2022 quota (347.2
mt dw), and in the eastern sub-region
were at 4 percent (1.5 mt dw) of their
2022 quota (37.7 mt dw). Consistent
with § 635.27(b)(1)(ii)(C), any
underharvest would be divided between
the two Gulf of Mexico sub-regions
based on the percentages that are
allocated to each sub-region (i.e., 90.2
percent to the western sub-region and
9.8 percent to the eastern sub-region).
As of July 15, 2022, the overall Gulf of
Mexico blacktip shark management
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group is underharvested by 172.5 mt dw
(380,303 lb dw). The proposed 2023
adjusted base annual quota for blacktip
sharks in the western Gulf of Mexico
sub-region is 347.2 mt dw (231.5 mt dw
annual base quota + 115.7 mt dw 2022
underharvest = 347.2 mt dw 2023
adjusted annual quota) and in the
eastern Gulf of Mexico sub-region is
37.7 mt dw (25.1 mt dw annual base
quota + 12.6 mt dw 2022 underharvest
= 37.7 adjusted annual quota).
Smoothhound Sharks: The 2023
proposed commercial quota for
smoothhound sharks in the Gulf of
Mexico region is 504.6 mt dw (1,112,441
lb dw) and in the Atlantic region is
1,802.6 mt dw (3,973,902 lb dw). As of
July 15, 2022, there have been no
smoothhound shark landings in the Gulf
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of Mexico region, and 10 percent (176.8
mt dw) of their 2022 quota (1,802.6 mt
dw) has been landed in the Atlantic
region. NMFS proposes to adjust the
2023 Gulf of Mexico and Atlantic
smoothhound shark quotas for
anticipated underharvests in 2022 to the
full extent allowed. The proposed 2023
adjusted base annual quota for Gulf of
Mexico smoothhound sharks is 504.6 mt
dw (336.4 mt dw annual base quota +
168.2 mt dw 2022 underharvest = 504.6
mt dw 2023 adjusted annual quota) and
for Atlantic smoothhound sharks is
1,802.6 mt dw (1,201.7 mt dw annual
base quota + 600.9 mt dw 2022
underharvest = 1,802.6 mt dw 2023
adjusted annual quota).
Shark Management Groups Where
Underharvests Cannot Be Carried Over
Consistent with the current
regulations at § 635.27(b)(2)(ii), 2022
underharvests cannot be carried over to
the 2023 fishing year for the following
stocks or management groups because
they are overfished, are experiencing
overfishing, or have an unknown status:
sandbar shark, aggregated LCS,
hammerhead shark, non-blacknose SCS,
blacknose shark, blue shark, porbeagle
shark, and pelagic shark (other than
porbeagle or blue sharks) management
groups. For these stocks, the 2023
proposed commercial quotas reflect the
codified annual base quotas, without
adjustment for underharvest. At this
time, no overharvests have occurred,
which would require adjustment
downward.
Aggregate LCS: The 2023 proposed
commercial quota for aggregated LCS in
the western Gulf of Mexico sub-region is
72.0 mt dw (158,724 lb dw) and in the
eastern Gulf of Mexico sub-region is
85.5 mt dw (188,593 lb dw). The 2023
proposed commercial quota for
aggregated LCS in the Atlantic region is
168.9 mt dw (372,552 lb dw). In a recent
action, NMFS transferred 11.3 mt dw of
aggregate LCS quota from the eastern
Gulf of Mexico sub-region to the
western Gulf of Mexico sub-region (87
FR 38676; June 29, 2022). That inseason
quota transfer would not impact the
proposed actions in this rulemaking. As
of July 15, 2022, preliminary reported
landings for aggregated LCS in the
western Gulf of Mexico sub-region were
81 percent (67.3 mt dw) of their 2022
quota (72.0 mt dw), in the eastern Gulf
of Mexico sub-region were 49 percent
(36.1 mt dw) of their 2022 quota (85.5
mt dw), and in the Atlantic region were
28 percent (48.0 mt dw) of their 2022
quota (168.9 mt dw). Reported landings
from both Gulf of Mexico sub-regions
and the Atlantic region have not
exceeded the 2022 overall aggregated
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LCS quota to date. Given the unknown
status of some species in the aggregated
LCS complex, the aggregated LCS quota
cannot be adjusted for any
underharvests. Based on preliminary
estimates and catch rates from previous
years, NMFS proposes that the 2023
quotas for aggregated LCS in the western
and eastern Gulf of Mexico sub-regions
and the Atlantic region be equal to their
annual base quotas without adjustment.
Hammerhead Sharks: The 2023
proposed commercial quotas for
hammerhead sharks in the western Gulf
of Mexico sub-region is 11.9 mt dw
(26,301 lb dw) and eastern Gulf of
Mexico sub-region is 13.4 mt dw (29,421
lb dw). The 2023 proposed commercial
quota for hammerhead sharks in the
Atlantic region is 27.1 mt dw (59,736 lb
dw). In a recent action, NMFS
transferred 6.8 mt dw of hammerhead
shark quota from western Gulf of
Mexico sub-region to the Atlantic region
(87 FR 38676; June 29, 2022). That
inseason quota transfer would not
impact the proposed actions in this
rulemaking. As of July 15, 2022,
preliminary reported landings of
hammerhead sharks in the western Gulf
of Mexico sub-region were less than 40
percent (<2.0 mt dw) of their 2022 quota
(11.9 mt dw), in the eastern Gulf of
Mexico sub-region were at 25 percent
(3.4 mt dw) of their 2022 quota (13.4 mt
dw), and in the Atlantic region were at
63 percent (21.5 mt dw) of their 2022
quota (27.1 mt dw). Reported landings
from the Gulf of Mexico sub-regions and
the Atlantic region have not exceeded
the 2022 overall hammerhead quota to
date. Given the overfished status of the
scalloped hammerhead shark, the
hammerhead shark quota cannot be
adjusted for any underharvests. Based
on preliminary estimates and catch rates
from previous years, NMFS proposes
that the 2023 quotas for hammerhead
sharks in the western and eastern Gulf
of Mexico sub-regions and Atlantic
region be equal to their annual base
quotas without adjustment.
Blacknose Sharks: The 2023 proposed
commercial quota for blacknose sharks
in the Atlantic region is 17.2 mt dw
(37,921 lb dw). This quota is available
in the Atlantic region only for those
vessels operating south of 34° N
latitude. North of 34° N latitude,
retention, landing, or sale of blacknose
sharks is prohibited. As of July 15, 2022,
preliminary reported landings of
blacknose sharks in the Atlantic region
were at 16 percent (2.8 mt dw) of their
2022 quota (17.2 mt dw). Given the
overfished status of the blacknose shark,
the blacknose shark quota cannot be
adjusted for any underharvests. Based
on preliminary estimates and catch rates
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from previous years, NMFS proposes
that the 2023 quota for blacknose sharks
in the Atlantic region be equal to their
annual base quota without adjustment.
Non-Blacknose SCS: The 2023
proposed commercial quota for nonblacknose SCS in the Gulf of Mexico
region is 112.6 mt dw (428,215 lb dw)
and in the Atlantic region is 264.1 mt
dw (582,333 lb dw). As of July 15, 2022,
preliminary reported landings of nonblacknose SCS in the Gulf of Mexico
were at 15 percent (17.1 mt dw) of their
2022 quota (112.6 mt dw) and in the
Atlantic region were at 11 percent (29.8
mt dw) of their 2022 quota (264.1 mt).
Given the unknown status of
bonnethead sharks within Atlantic and
Gulf of Mexico non-blacknose SCS
management groups, underharvests
cannot be carried forward. Based on
preliminary estimates and catch rates
from previous years, NMFS proposes
that the 2023 quotas for non-blacknose
SCS in the Gulf of Mexico and Atlantic
regions be equal to their annual base
quotas without adjustment.
Blue Sharks, Porbeagle Sharks, and
Pelagic Sharks (Other Than Porbeagle
and Blue Sharks): The 2023 proposed
commercial quotas for blue sharks,
porbeagle sharks, and pelagic sharks
(other than porbeagle or blue sharks) are
273.0 mt dw (601,856 lb dw), 1.7 mt dw
(3,748 lb dw), and 488.0 mt dw
(1,075,856 lb dw), respectively. On July
1, 2022, NMFS published a final rule
that establishes a shortfin mako shark
retention limit of zero in commercial
and recreational Atlantic HMS fisheries,
consistent with a 2021 ICCAT
recommendation (87 FR 39373).
Retention of shortfin mako sharks was
previously permitted, consistent with
existing regulations, as part of the
pelagic sharks complex. As of July 15,
2022, there have been no porbeagle
shark landings, landings of blue sharks
were less than 1 percent (<1.0 mt) of
their 2022 quota (273.0 mt), and
landings of pelagic sharks (other than
porbeagle and blue sharks) were at 4
percent (20.6 mt dw) of their 2022 quota
(488.0 mt dw). Given that all of these
pelagic species are overfished, have
overfishing occurring, or have an
unknown status, underharvests cannot
be carried forward. Based on
preliminary estimates of catch rates
from previous years, NMFS proposes
that the 2023 quotas for blue sharks,
porbeagle sharks, and pelagic sharks
(other than porbeagle and blue sharks)
be equal to their annual base quotas
without adjustment.
Shark Research Fishery: The 2023
proposed commercial quotas within the
shark research fishery are 50.0 mt dw
(110,230 lb dw) for research LCS and
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90.7 mt dw (199,943 lb dw) for sandbar
sharks. Within the shark research
fishery, as of July 15, 2022, preliminary
reported landings of research LCS were
at 4 percent (2.1 mt dw) of their 2022
quota (50.0 mt dw) and sandbar shark
reported landings were at 42 percent
(38.2 mt dw) of their 2022 quota (90.7
mt dw). Because sandbar sharks and
scalloped hammerhead sharks within
the research LCS management group are
either overfished or overfishing is
occurring, underharvests for these
management groups cannot be carried
forward. Based on preliminary
estimates, NMFS proposes that the 2023
quotas in the shark research fishery be
equal to their annual base quotas
without adjustment.
Proposed Opening Dates and Retention
Limits
In proposing the commercial shark
fishing season opening dates for all
regions and sub-regions, NMFS
considered the ‘‘Opening Commercial
Fishing Season Criteria,’’ listed at
§ 635.27(b)(3):
• The available annual quotas for the
current fishing season;
• Estimated season length and
average weekly catch rates from
previous years;
• Length of the season and fishery
participation in past years;
• Temporal variation in behavior or
biology of target species (e.g., seasonal
distribution or abundance);
• Impact of catch rates in one region
on another region;
• Effects of the adjustment on
accomplishing the objectives of the 2006
Consolidated HMS FMP and its
amendments; and
• Effects of delayed openings.
When analyzing the criteria to open a
commercial fishing season, NMFS
considers the underharvests of the
different management groups in the
2022 fishing year to determine the likely
effects of the proposed commercial
quotas for 2023 on shark stocks and
fishermen across regional and subregional fishing areas. NMFS also
examines the potential season length
and previous catch rates to ensure, to
the extent practicable, that equitable
fishing opportunities will be provided
to fishermen in all areas. Lastly, NMFS
assesses the seasonal variation of the
different species and management
groups, as well as seasonal variation in
fishing opportunities. At the start of
each fishing year, the default
commercial retention limit is 45 LCS
other than sandbar sharks per vessel per
trip in the eastern and western Gulf of
Mexico sub-regions and in the Atlantic
region, unless NMFS determines
otherwise and publishes a notice of
inseason adjustment in the Federal
Register (§ 635.24(a)(2)). NMFS may
adjust the retention limit from 0 to 55
LCS other than sandbar sharks per
vessel per trip if the respective LCS
management group is open under
§§ 635.27 and 635.28.
NMFS also considered the seven
‘‘Inseason Trip Limit Adjustment
Criteria’’ listed at § 635.24(a)(8):
• The amount of remaining shark
quota in the relevant area, region, or
sub-region, to date, based on dealer
reports;
• The catch rates of the relevant shark
species/complexes in the region or subregion, to date, based on dealer reports;
• The estimated date of fishery
closure based on when the landings are
projected to reach 80 percent of the
quota given the realized catch rates and
whether they are projected to reach 100
percent before the end of the fishing
season;
• Effects of the adjustment on
accomplishing the objectives of the 2006
Consolidated HMS FMP and its
amendments;
• Variations in seasonal distribution,
abundance, or migratory patterns of the
relevant shark species based on
scientific and fishery-based knowledge;
• Effects of catch rates in one part of
a region precluding vessels in another
55383
part of that region from having a
reasonable opportunity to harvest a
portion of the relevant quota; and/or
• Any shark retention allowance set
by ICCAT, the amount of remaining
allowance, and the expected or reported
catch rates of the relevant shark species,
based on dealer and other harvest
reports.
When analyzing the inseason
adjustment criteria, NMFS examines
landings submitted in dealer reports on
a weekly basis and catch rates based
upon those dealer reports. NMFS has
found that, to date, landings and
subsequent quotas have not been
exceeded. Given the pattern of landings
over previous years, seasonal
distribution of the species and
management groups have not had an
effect on the landings within a region or
sub-region.
After considering both sets of criteria
in §§ 635.24 and 635.28, NMFS is
proposing to open the 2023 Atlantic
commercial shark fishing season for all
shark management groups in the
northwestern Atlantic Ocean, including
the Gulf of Mexico and Caribbean Sea,
on January 1, 2023, after the publication
of the final rule for this action (Table 2).
NMFS proposes to open the season on
January 1, 2023, but recognizes that the
actual opening date is contingent upon
publication of the final rule in the
Federal Register, and may vary
accordingly. NMFS is also proposing to
start the 2023 commercial shark fishing
season with the commercial retention
limit of 55 LCS other than sandbar
sharks per vessel per trip in both the
eastern and western Gulf of Mexico subregions, and a commercial retention
limit of 55 LCS other than sandbar
sharks per vessel per trip in the Atlantic
region (Table 2). The final retention
limits could change as a result of public
comments and/or updated catch rates
and landings information submitted in
dealer reports.
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TABLE 2—QUOTA LINKAGES, SEASON OPENING DATES, AND COMMERCIAL RETENTION LIMIT BY REGIONAL OR SUBREGIONAL SHARK MANAGEMENT GROUP
Region or sub-region
Management group
Quota linkages 1
Season opening
date
Western Gulf of Mexico ............
Blacktip Sharks .........................
Not Linked ......................
January 1, 2023 ...
55 LCS other than sandbar sharks per vessel
per trip.
Linked.
Eastern Gulf of Mexico .............
Aggregate Large Coastal
Sharks.
Hammerhead Sharks.
Blacktip Sharks .........................
January 1, 2023 ...
55 LCS other than sandbar sharks per vessel
per trip.
Not Linked ......................
January 1, 2023 ...
N/A.
Not Linked ......................
January 1, 2023 ...
N/A.
Gulf of Mexico ...........................
VerDate Sep<11>2014
Aggregate Large Coastal
Sharks.
Hammerhead Sharks.
Non-Blacknose Small Coastal
Sharks.
Smoothhound Sharks ...............
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Not Linked ......................
Commercial retention limits for directed shark
limited access permit holders 2
Linked.
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Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Proposed Rules
TABLE 2—QUOTA LINKAGES, SEASON OPENING DATES, AND COMMERCIAL RETENTION LIMIT BY REGIONAL OR SUBREGIONAL SHARK MANAGEMENT GROUP—Continued
Region or sub-region
Management group
Quota linkages 1
Season opening
date
Atlantic ......................................
Aggregate 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.
Linked .............................
January 1, 2023 ...
55 LCS other than sandbar sharks per vessel
per trip.
Linked (South of 34° N
lat. Only).
January 1, 2023 ...
N/A.
No Regional Quotas .................
Commercial retention limits for directed shark
limited access permit holders 2
8 blacknose sharks per vessel per trip.3
Not Linked ......................
Linked 4 ...........................
January 1, 2023 ...
January 1, 2023 ...
N/A.
N/A.
Not Linked ......................
January 1, 2023 ...
N/A.
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1 Section 635.28(b)(4) lists species and 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)).
2 Inseason adjustments are possible.
3 Applies to Shark Directed and Shark Incidental permit holders.
4 Shark research permits ‘‘terms and conditions’’ state that when the individual sandbar or research LCS quotas authorized by the permit are landed, all fishing trips
under the permit must stop.
In the eastern and western Gulf of
Mexico sub-regions, NMFS proposes
opening the fishing season on January 1,
2023, for the aggregated LCS, blacktip
shark, and hammerhead shark
management groups, with a commercial
retention limit of 55 LCS other than
sandbar sharks per vessel per trip for
directed shark permits. This opening
date and retention limit combination
would provide, to the extent practicable,
equitable opportunities across the
fisheries management sub-regions. The
season opening criteria listed in
§ 635.27(b)(3) requires NMFS to
consider the length of the season for the
different species and/or management
groups in the previous years
(§ 635.27(b)(3)(ii) and (iii)) and whether
fishermen were able to participate in the
fishery in those years
(§ 635.27(b)(3)(iii)). In addition, the
criteria listed in § 635.24(a)(8) require
NMFS to consider the catch rates of the
relevant shark species/complexes based
on landings submitted in dealer reports
to date (§ 635.24(a)(8)(ii)). NMFS may
also adjust the retention limit in the
Gulf of Mexico region throughout the
season to ensure fishermen in all parts
of the region have an opportunity to
harvest aggregated LCS, blacktip sharks,
and hammerhead sharks (see the criteria
listed at §§ 635.27(b)(3)(v) and
635.24(a)(2) and (a)(8)(ii), (v), and (vi)).
Given these requirements, NMFS
reviewed landings on a weekly basis for
all species and/or management groups
and determined that fishermen have
been able to participate in the fishery,
and landings from both Gulf of Mexico
sub-regions and the Atlantic region have
not exceeded the 2022 overall
aggregated LCS quota to date. For both
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18:02 Sep 08, 2022
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the eastern and western Gulf of Mexico
sub-regions combined, landings
submitted in dealer reports received
through July 15, 2022, indicate that 66
percent (103.4 mt dw), 55 percent (212.4
mt dw), and 29 percent (5.0 mt dw) of
the available aggregated LCS, blacktip
shark, and hammerhead shark quotas,
respectively, have been harvested.
Therefore, for 2023, NMFS is proposing
opening both the eastern and western
Gulf of Mexico sub-regions with a
commercial retention limit of 55 LCS
other than sandbar sharks per vessel per
trip.
In the Atlantic region, NMFS
proposes opening the aggregated LCS
and hammerhead shark management
groups on January 1, 2023. The criteria
listed in § 635.27(b)(3) consider the
effects of catch rates in one part of a
region precluding vessels in another
part of that region from having a
reasonable opportunity to harvest a
portion of the different species and/or
management quotas (§ 635.27(b)(3)(v)).
The 2022 data indicate that an opening
date of January 1 would provide a
reasonable opportunity for fishermen in
every part of each region to harvest a
portion of the available quotas
(§ 635.27(b)(3)(i)), while accounting for
variations in seasonal distribution of the
different species in the management
groups (§ 635.27(b)(3)(iv)). Because the
proposed 2023 quotas and season
lengths are the same as they were in
2022, NMFS anticipates that the
participation of various fishermen
throughout the region, would be similar
in 2023 (§ 635.27(b)(3)(ii) and (iii)).
Additionally, the January 1 opening
date appears to meet the objectives of
the 2006 Consolidated HMS FMP and
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its amendments (§ 635.27(b)(3)(vi)),
because it provides equal fishing
opportunities for fishermen to fully
utilize the available quotas. Considering
the reduced landings in the past 5 years,
NMFS proposes to open the aggregated
LCS and hammerhead shark
management groups for the 2023 fishing
year on January 1, 2023, with a retention
limit of 55 LCS other than sandbar
sharks per vessel per trip. Starting with
the highest retention limit available
could allow fishermen in the Atlantic
region to more fully utilize the available
science-based quota. As needed, NMFS
may adjust the retention limit
throughout the year to ensure equitable
fishing opportunities throughout the
region and ensure the quota is not
exceeded (see the criteria at
§ 635.24(a)(8)). For example, if the quota
is harvested too quickly, NMFS could
consider reducing the retention limit as
appropriate to ensure enough quota
remains until later in the year. NMFS
would publish in the Federal Register
notification of any inseason adjustments
of the retention limit.
All of the regional or sub-regional
commercial fisheries for shark
management groups would remain open
until December 31, 2023, or until NMFS
determines that the landings for any
shark management group are projected
to reach 80 percent of the quota given
the realized catch rates and are
projected to reach 100 percent of the
quota before the end of the fishing
season, or until a quota-linked species
or management group is closed. If
NMFS determines that a non-quotalinked shark species or management
group fishery must be closed, then,
consistent with § 635.28(b)(2) for non-
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linked quotas (e.g., eastern Gulf of
Mexico blacktip sharks, western Gulf of
Mexico blacktip sharks, Gulf of Mexico
non-blacknose SCS, pelagic sharks, or
the Atlantic or Gulf of Mexico
smoothhound sharks), NMFS will
publish in the Federal Register a notice
of closure for that shark species, shark
management group, region, and/or subregion. The closure will be effective no
fewer than 4 days from the date of filing
for public inspection with the Office of
the Federal Register.
For the regional or sub-regional Gulf
of Mexico blacktip shark management
group(s), regulations at § 635.28(b)(5)(i)
through (v) authorize NMFS to close the
management group(s) before landings
have reached, or are projected to reach,
80 percent of the quota after considering
the following criteria and other relevant
factors: season length based on available
sub-regional quota and average subregional catch rates; variability in
regional and/or sub-regional seasonal
distribution, abundance, and migratory
patterns of blacktip sharks, hammerhead
sharks, and aggregated LCS; effects on
accomplishing the objectives of the 2006
Consolidated 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. The fisheries for
the shark species or management group
would be closed (even across fishing
years) from the effective date and time
of the closure until NMFS publishes in
the Federal Register a notice that
additional quota is available and the
season is reopened.
If NMFS determines that a quotalinked species and/or management
group must be closed, then, consistent
with § 635.28(b)(3) for linked quotas,
NMFS will publish in the Federal
Register a notice of closure for all of the
species and/or management groups in a
linked group. The closure will be
effective no fewer than 4 days from the
date of filing for public inspection with
the Office of the Federal Register. In that
event, from the effective date and time
of the closure until the season is
reopened and additional quota is
available (via publication of another
notice in the Federal Register), the
fisheries for all quota-linked species
and/or management groups will be
closed, even across fishing years. The
quota-linked species and/or
management groups are: Atlantic
hammerhead sharks and Atlantic
aggregated LCS; eastern Gulf of Mexico
hammerhead sharks and eastern Gulf of
Mexico aggregated LCS; western Gulf of
Mexico hammerhead sharks and
western Gulf of Mexico aggregated LCS;
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18:02 Sep 08, 2022
Jkt 256001
and Atlantic blacknose sharks and
Atlantic non-blacknose SCS south of 34°
N latitude.
Request for Comments
Comments on this proposed rule and
on NMFS’ determination that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities
(as discussed below in the Classification
section), may be submitted via
www.regulations.gov. NMFS solicits
comments on this proposed rule by
October 11, 2022 (see DATES and
ADDRESSES).
Classification
The NMFS Assistant Administrator
has determined that this proposed rule
is consistent with the 2006 Consolidated
HMS FMP and its amendments, the
Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment.
This rulemaking would implement
previously adopted and analyzed
measures with adjustments, as specified
in the 2006 Consolidated HMS FMP and
its amendments, and the Environmental
Assessment (EA) that accompanied the
2011 Atlantic shark commercial fishing
year rule (75 FR 76302; December 8,
2010). Impacts have been evaluated and
analyzed in Amendment 2 (73 FR
35778; June 24, 2008; corrected 73 FR
40658; July 15, 2008), Amendment 3 (75
FR 30484; June 1, 2010; corrected 75 FR
50715; August 17, 2010), Amendment
5a (78 FR 40318; July 3, 2013),
Amendment 6 (80 FR 50073; August 18,
2015), and Amendment 9 (80 FR 73128;
November 24, 2015) to the 2006
Consolidated HMS FMP, and in the
Final Environmental Impact Statements
(FEISs) for Amendments 2, 3, and 5a,
and the EAs for Amendments 6 and 9.
The final rule for Amendment 2
implemented base quotas and quota
adjustment procedures for sandbar
shark and non-sandbar LCS species/
management groups, and Amendments
3 and 5a implemented base quotas for
Gulf of Mexico blacktip shark,
aggregated LCS, hammerhead shark,
blacknose shark, and non-blacknose
SCS management groups and quota
transfers for Atlantic sharks. The final
rule for Amendment 6 implemented a
revised commercial shark retention
limit, revised base quotas for sandbar
shark and non-blacknose SCS species/
management groups, new sub-regional
quotas in the Gulf of Mexico region for
blacktip sharks, aggregated LCS, and
hammerhead sharks, and new
management measures for blacknose
sharks. The final rule for Amendment 9
implemented management measures,
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55385
including commercial quotas, for
smoothhound sharks in the Atlantic and
Gulf of Mexico regions. In 2010, NMFS
prepared an EA with the 2011 Atlantic
shark commercial fishing year rule (75
FR 76302; December 8, 2010) that
describes the impact on the human
environment that would result from
implementation of measures to delay
the start date and allow for inseason
adjustments. NMFS has determined that
the quota adjustments and season
opening dates of this proposed rule and
the resulting impacts to the human
environment are within the scope of the
analyses considered in the FEISs and
EAs for these amendments, and
additional National Environmental
Policy Act analysis is not warranted for
this proposed rule.
This action is exempt from review
under Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
that this proposed rule, if adopted,
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
determination is as follows.
This proposed rule would adjust
quotas and retention limits and
establish the opening date for the 2023
fishing year for the Atlantic commercial
shark fisheries. NMFS would adjust
quotas as required or allowable based on
any overharvests and/or underharvests
from the 2022 fishing year. NMFS has
limited flexibility to otherwise modify
the quotas in this proposed rule. We
note that the impacts of the quotas (and
any potential modifications based on
overharvests or underharvests from the
previous fishing year) were analyzed in
previous regulatory flexibility analyses,
including the initial regulatory
flexibility analysis and the final
regulatory flexibility analysis that
accompanied the 2011 Atlantic shark
commercial fishing year rule (75 FR
76302; December 8, 2010). That final
rule established the opening dates and
quotas for the 2011 fishing season and
implemented new adaptive management
measures, including flexible opening
dates and inseason adjustments to shark
trip limits. Consistent with the adaptive
management measures implemented in
2011 and based on the most recent data,
in this action NMFS proposes the
opening date and commercial retention
limits to provide, to the extent
practicable, fishing opportunities for
commercial shark fishermen in all
regions and areas.
This proposed rule’s measures could
affect fishing opportunities for
commercial shark fishermen in the
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northwestern Atlantic Ocean, Gulf of
Mexico, and Caribbean Sea. Section
603(b)(3) of the Regulatory Flexibility
Act (RFA) requires agencies to provide
an estimate of the number of small
entities to which the rule would apply.
SBA has established size criteria for all
major industry sectors in the United
States, including fish harvesters. SBA’s
regulations include provisions for an
agency to develop its own industryspecific size standards after consultation
with SBA and to provide 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.
The 2011 initial regulatory flexibility
analysis/final regulatory flexibility
analysis analyzed the overall number of
limited access permits, which covers all
of our active participants today. NMFS
still considers all HMS permit holders
to be small entities because they have
average annual receipts of less than $11
million for commercial fishing.
As of June 2022, this proposed rule
would apply to the approximately 209
directed commercial shark permit
holders, 251 incidental commercial
shark permit holders, 198 smoothhound
shark permit holders, and 70
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 460
directed and incidental commercial
shark permit holders, to date this year,
15 permit holders landed sharks in the
Gulf of Mexico region, and 53 landed
sharks in the Atlantic region. Of the 198
smoothhound shark permit holders, to
date this year, 60 permit holders landed
smoothhound sharks in the Atlantic
region, and only 1 landed smoothhound
sharks in the Gulf of Mexico region. As
described below, NMFS has determined
that all of these entities are small
entities for purposes of the RFA.
Based on the 2022 ex-vessel prices
(Table 3), fully harvesting the
unadjusted 2023 Atlantic shark
commercial base quotas could result in
estimated total fleet revenues of
$9,779,528. For adjusted management
groups, the following are changes in
potential revenues resulting from the
adjustments proposed in this rule. For
the Gulf of Mexico blacktip shark
management group, NMFS is proposing
to adjust the base sub-regional quotas
upward due to underharvests in 2022.
The increase for the western Gulf of
Mexico blacktip shark management
group could result in a potential
$196,451 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 potential $34,094 gain in total
revenues for fishermen in that subregion. For the Gulf of Mexico and
Atlantic smoothhound shark
management groups, NMFS is proposing
to increase the base quotas due to
underharvest in 2022. This would cause
a potential gain in revenue of $463,518
for the fleet in the Gulf of Mexico
region, and a potential gain in revenue
of $1,377,619 for the fleet in the Atlantic
region. Since a small business is defined
as having annual receipts not in excess
of $11 million, and each individual
shark fishing vessel would be its own
entity, the total Atlantic shark fishery is
within the small entity definition since
the total revenue is less than $12
million (i.e., the estimated total fleet
revenues plus the potential gain in
revenues due to underharvest). NMFS
has also determined that the proposed
rule would not likely affect any small
governmental jurisdictions.
TABLE 3—AVERAGE EX-VESSEL PRICES PER lb dw FOR EACH SHARK MANAGEMENT GROUP, 2022
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 .....................................................................
Shark Fins ......................................................................................
Shark Fins ......................................................................................
Shark Fins ......................................................................................
$0.77
0.70
0.70
1.23
1.03
0.91
0.69
1.25
1.21
0.69
1.16
1.47
1.04
0.97
1.15
........................
........................
1.44
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
$6.04
1.80
8.58
Eastern Gulf of Mexico ...............................
Gulf of Mexico .............................................
Atlantic .........................................................
jspears on DSK121TN23PROD with PROPOSALS
No Region ...................................................
All ................................................................
Atlantic .........................................................
GOM ............................................................
All of these changes in gross revenues
are similar to the gross revenues
analyzed in the 2006 Consolidated HMS
VerDate Sep<11>2014
18:02 Sep 08, 2022
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FMP and its Amendments 2, 3, 5a, 6,
and 9. The final regulatory flexibility
analyses for those amendments
PO 00000
Frm 00068
Fmt 4702
Sfmt 4702
concluded that the economic impacts on
these small entities from adjustments
such as those contemplated in this
E:\FR\FM\09SEP1.SGM
09SEP1
Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Proposed Rules
jspears on DSK121TN23PROD with PROPOSALS
action are expected to be minimal. In
accordance with the 2006 Consolidated
HMS FMP, as amended, NMFS now
conducts annual rulemakings in which
NMFS considers the potential economic
impacts of adjusting the quotas for
underharvests and overharvests. For the
adjustments included in this proposed
rule, NMFS concludes that the effects
this proposed rule would have on small
entities would be minimal.
In conclusion, although this proposed
rule would adjust quotas and retention
limits and establish the opening date for
the 2023 fishing year for the Atlantic
commercial shark fisheries, this
proposed rule does not change the
regulations and management measures
currently in place that govern
commercial shark fishing in Federal
waters of the northwestern Atlantic
VerDate Sep<11>2014
18:02 Sep 08, 2022
Jkt 256001
Ocean, Gulf of Mexico, and Caribbean
Sea. Furthermore, as described above,
this action is not expected to affect the
amount of sharks caught and sold or
result in any change in the ex-vessel
revenues those fishermen could expect,
because, for the most part, the proposed
quotas, retention limits (except for
shortfin mako shark), and opening dates
are the same as those for last year. In
addition, as described above, for the
areas in which this action proposes
adjustments, the increases in revenues
for the participating small entities are
minimal. Therefore, NMFS has
determined that this proposed rule, if
adopted, would not have a significant
economic impact on a substantial
number of small entities. As a result, an
initial regulatory flexibility analysis is
PO 00000
Frm 00069
Fmt 4702
Sfmt 9990
55387
not required and none has been
prepared. NMFS invites comments from
the public on the information in this
determination that this proposed rule, if
adopted, would not have a significant
economic impact on a substantial
number of small entities.
This proposed rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.
1801 et seq.
Dated: September 6, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2022–19473 Filed 9–8–22; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\09SEP1.SGM
09SEP1
]]>Agencies
[Federal Register Volume 87, Number 174 (Friday, September 9, 2022)]
[Proposed Rules]
[Pages 55379-55387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19473]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220902-0184; RTID 0648-XC082]
Atlantic Highly Migratory Species; 2023 Atlantic Shark Commercial
Fishing Year
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would adjust quotas and retention limits
and establish the opening date for the 2023 fishing year for the
Atlantic commercial shark fisheries. Quotas would be adjusted as
required or allowable based on any underharvests from the 2022 fishing
year. NMFS proposes the opening date and commercial retention limits to
provide, to the extent practicable, fishing opportunities for
commercial shark fishermen in all regions and areas. The proposed
measures could affect fishing opportunities for commercial shark
fishermen in the northwestern Atlantic Ocean, Gulf of Mexico, and
Caribbean Sea.
[[Page 55380]]
DATES: Written comments must be received by October 11, 2022.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2022-0064, by electronic submission. Submit all electronic
public comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2022-0064 in the search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Copies of this proposed rule and supporting documents are available
from the Atlantic Highly Migratory Species (HMS) Management Division
website at https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species or by contacting Ann Williamson
([email protected]) by phone at 301-427-8503.
FOR FURTHER INFORMATION CONTACT: Ann Williamson
([email protected]), Guy DuBeck ([email protected]), or Karyl
Brewster-Geisz ([email protected]) at 301-427-8503.
SUPPLEMENTARY INFORMATION:
Background
Atlantic shark fisheries are managed primarily under the authority
of the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) and the Atlantic Tunas
Convention Act (16 U.S.C. 971 et seq.). The 2006 Consolidated Atlantic
HMS Fishery Management Plan (2006 Consolidated HMS 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 accountability measures for underharvests and overharvests. The
retention limits, commercial quotas, and accountability measures can be
found at 50 CFR 635.24(a), 635.27(b), and 635.28(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 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)(2), any annual or inseason adjustments to the base
annual commercial overall, regional, or sub-regional quotas will be
published in the Federal Register.
2023 Proposed Commercial Shark Quotas
NMFS proposes to adjust the quota levels for the various shark
stocks and management groups for the 2023 Atlantic commercial shark
fishing year (i.e., January 1 through December 31, 2023) based on
underharvests that occurred during the 2022 fishing year, consistent
with existing regulations at Sec. 635.27(b). Overharvests and
underharvests are accounted for in the same region, sub-region, or
fishery in which they occurred the following year, except that large
overharvests may be spread over a number of subsequent fishing years up
to a maximum of five years. If a sub-regional quota is overharvested,
but the overall regional quota is not, no subsequent adjustment is
required. Unharvested quota may be added to the quota for the next
fishing year, but only for shark management groups that have shark
stocks that are declared not overfished and not experiencing
overfishing. No more than 50 percent of a base annual quota may be
carried over from a previous fishing year.
Based on 2022 harvests to date, and after considering catch rates
and landings from previous years, NMFS proposes to adjust the 2023
quotas for certain management groups as shown in Table 1. All of the
2023 proposed quotas for the respective stocks and management groups
will be subject to further adjustment in the final rule after NMFS
considers landings submitted in the dealer reports through mid-October.
NMFS anticipates that dealer reports received after that time will be
used to adjust 2024 quotas, as appropriate, noting that, in some
circumstances, NMFS re-adjusts quotas during the subject year.
Because the Gulf of Mexico blacktip shark management group and
smoothhound shark management groups in the Gulf of Mexico and Atlantic
regions are not overfished, and overfishing is not occurring, available
underharvest (up to 50 percent of the base annual quota) from the 2022
fishing year for these management groups may be added to their
respective 2023 base quotas. NMFS proposes to account for any
underharvest of Gulf of Mexico blacktip sharks by dividing underharvest
between the eastern and western Gulf of Mexico sub-regional quotas
based on the sub-regional quota split percentage (Sec.
635.27(b)(1)(ii)(C)).
For the sandbar shark, aggregated large coastal shark (LCS),
hammerhead shark, non-blacknose small coastal shark (SCS), blacknose
shark, blue shark, porbeagle shark, and pelagic shark (other than
porbeagle or blue sharks) management groups, the 2022 underharvests
cannot be carried over to the 2023 fishing year because those stocks or
management groups are overfished, are experiencing overfishing, or have
an unknown status. There are no overharvests to account for in these
management groups to date. Thus, NMFS proposes that quotas for these
management groups be equal to the annual base quota without adjustment,
although the ultimate decision will be based on current data at the
time of the final rule.
The proposed 2023 quotas by species and management group are
summarized in Table 1 and the description of the calculations for each
stock and management group can be found below. All quotas and landings
are in dressed weight (dw) metric tons (mt). Table 1 includes landings
data as of July 15, 2022. Final quotas are subject to change based on
landings as of mid-October 2022.
[[Page 55381]]
Table 1--2023 Proposed Quotas and Opening Dates for the Atlantic Shark Management Groups
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Preliminary 2022 2023 Base annual 2023 Proposed
Region or sub-region Management group 2022 Annual quota landings \1\ Adjustments \2\ quota annual quota Season opening date
(A)................ (B)................ (C)................ (D)................ (D + C)............
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Western Gulf of Mexico........... Blacktip Sharks..... 347.2 mt........... 210.9 mt........... 115.7 mt........... 231.5 mt........... 347.2 mt........... January 1, 2023.
(765,392 lb)....... (464,908 lb)....... (225,131 lb)....... (510,261 lb)....... (765,392 lb).......
Aggregate Large 72.0 mt............ 67.3 mt............ ................... 72.0 mt............ 72.0 mt.
Coastal Sharks \3\. (158,724 lb)....... (148,371 lb)....... ................... (158,724 lb)....... (158,724 lb).......
Hammerhead Sharks 11.9 mt............ <2.0 mt............ ................... 11.9 mt............ 11.9 mt.
\4\. (26,301 lb)........ (<4,400 lb)........ ................... (26,301 lb)........ (26,301 lb)........
Eastern Gulf of Mexico........... Blacktip Sharks..... 37.7 mt............ 1.5 mt............. 12.6 mt............ 25.1 mt............ 37.7 mt.
(83,158 lb)........ (3,339 lb)......... (27,719 lb)........ (55,439 lb)........ (83,158 lb)........
Aggregate Large 85.5 mt............ 36.1 mt............ ................... 85.5 mt............ 85.5 mt.
Coastal Sharks \3\. (188,593 lb)....... (79,506 lb)........ ................... (188,593 lb)....... (188,593 lb).......
Hammerhead Sharks 13.4 mt............ 3.4 mt............. ................... 13.4 mt............ 13.4 mt.
\4\. (29,421 lb)........ (7,487 lb)......... ................... (29,421 lb)........ (29,421 lb)........
Gulf of Mexico................... Non-Blacknose Small 112.6 mt........... 17.1 mt............ ................... 112.6 mt........... 112.6 mt.
Coastal Sharks. (428,215 lb)....... (37,639 lb)........ ................... (428,215 lb)....... (428,215 lb).......
Smoothhound Sharks.. 504.6 mt........... 0.0 mt............. 168.2 mt........... 336.4 mt........... 504.6 mt.
(1,112,441 lb)..... (0 lb)............. (370,814 lb)....... (741,627 lb)....... (1,112,441 lb).....
Atlantic......................... Aggregate Large 168.9 mt........... 48.0 mt............ ................... 168.9 mt........... 168.9 mt........... January 1, 2023.
Coastal Sharks. (372,552 lb)....... (105,893 lb)....... ................... (372,552 lb)....... (372,552 lb).......
Hammerhead Sharks 27.1 mt............ 21.5 mt............ ................... 27.1 mt............ 27.1 mt.
\4\. (59,736 lb)........ (47,294 lb)........ ................... (59,736 lb)........ (59,736 lb)........
Non-Blacknose Small 264.1 mt........... 29.8 mt............ ................... 264.1 mt........... 264.1 mt.
Coastal Sharks. (582,333 lb)....... (65,727 lb)........ ................... (582,333 lb)....... (582,333 lb).......
Blacknose Sharks 17.2 mt............ 2.8 mt............. ................... 17.2 mt............ 17.2 mt.
(South of 34[deg] N (3,973,902 lb)..... (6,231 lb)......... ................... (3,973,902 lb)..... (3,973,902 lb).....
lat. Only).
Smoothhound Sharks.. 1,802.6 mt......... 176.8 mt........... 600.9 mt........... 1,201.7 mt......... 1,802.6 mt.
(3,973,902 lb)..... (389,804 lb)....... (1,324,634 lb)..... (2,649,268 lb)..... (3,973,902 lb).....
No Regional Quotas............... Non-Sandbar LCS 50.0 mt............ 2.1 mt............. ................... 50.0 mt............ 50.0 mt............ January 1, 2023.
Research. (110,230 lb)....... (4,650 lb)......... ................... (110,230 lb)....... (110,230 lb).......
Sandbar Shark 90.7 mt............ 38.2 mt............ ................... 90.7 mt............ 90.7 mt.
Research. (199,943 lb)....... (84,161 lb)........ ................... (199,943 lb)....... (199,943 lb).......
Blue Sharks......... 273.0 mt........... <1.0 mt............ ................... 273.0 mt........... 273.0 mt.
(601,856 lb)....... (<2,200 lb)........ ................... (601,856 lb)....... (601,856 lb).......
Porbeagle Sharks.... 1.7 mt............. 0.0 mt............. ................... 1.7 mt............. 1.7 mt.
(3,748 lb)......... (0 lb)............. ................... (3,748 lb)......... (3,748 lb).........
Pelagic Sharks Other 488.0 mt........... 20.6 mt............ ................... 488.0 mt........... 488.0 mt.
Than Porbeagle or (1,075,856 lb)..... (45,383 lb)........ ................... (1,075,856 lb)..... (1,075,856 lb).....
Blue.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Landings are from January 1, 2022 through July 15, 2022 and are subject to change.
\2\ Underharvest adjustments can only be applied to stocks or management groups that are declared not overfished and have no overfishing occurring. The underharvest adjustments cannot exceed
50 percent of the base quota.
\3\ NMFS transferred 11.3 mt dw of the aggregate LCS quota from the Gulf of Mexico eastern sub-region to the western sub-region on June 28, 2022 (87 FR 38676; June 29, 2022).
\4\ NMFS transferred 6.8 mt dw of the hammerhead quota from the western Gulf of Mexico sub-region to the Atlantic region on June 28, 2022 (87 FR 38676; June 29, 2022).
Shark Management Groups Where Underharvests Can Be Carried Over
The Gulf of Mexico blacktip shark management group (which is
divided between eastern and western sub-regions) and smoothhound shark
management groups in the Gulf of Mexico and Atlantic regions are not
overfished, and overfishing is not occurring. Pursuant to Sec.
635.27(b)(2)(ii), available underharvest (up to 50 percent of the base
annual quota) from the 2022 fishing year for these management groups
may be added to their respective 2023 base quotas. Reported landings
for blacktip sharks and smoothhound sharks have not exceeded their 2022
quotas to date.
Blacktip Sharks: The 2023 proposed commercial quota for blacktip
sharks in the western Gulf of Mexico sub-region is 347.2 mt dw (765,392
lb dw) and in the eastern Gulf of Mexico sub-region is 37.7 mt dw
(83,158 lb dw). As of July 15, 2022, preliminary reported landings for
blacktip sharks in the Gulf of Mexico western sub-region were at 61
percent (210.9 mt dw) of their 2022 quota (347.2 mt dw), and in the
eastern sub-region were at 4 percent (1.5 mt dw) of their 2022 quota
(37.7 mt dw). Consistent with Sec. 635.27(b)(1)(ii)(C), any
underharvest would be divided between the two Gulf of Mexico sub-
regions based on the percentages that are allocated to each sub-region
(i.e., 90.2 percent to the western sub-region and 9.8 percent to the
eastern sub-region). As of July 15, 2022, the overall Gulf of Mexico
blacktip shark management group is underharvested by 172.5 mt dw
(380,303 lb dw). The proposed 2023 adjusted base annual quota for
blacktip sharks in the western Gulf of Mexico sub-region is 347.2 mt dw
(231.5 mt dw annual base quota + 115.7 mt dw 2022 underharvest = 347.2
mt dw 2023 adjusted annual quota) and in the eastern Gulf of Mexico
sub-region is 37.7 mt dw (25.1 mt dw annual base quota + 12.6 mt dw
2022 underharvest = 37.7 adjusted annual quota).
Smoothhound Sharks: The 2023 proposed commercial quota for
smoothhound sharks in the Gulf of Mexico region is 504.6 mt dw
(1,112,441 lb dw) and in the Atlantic region is 1,802.6 mt dw
(3,973,902 lb dw). As of July 15, 2022, there have been no smoothhound
shark landings in the Gulf
[[Page 55382]]
of Mexico region, and 10 percent (176.8 mt dw) of their 2022 quota
(1,802.6 mt dw) has been landed in the Atlantic region. NMFS proposes
to adjust the 2023 Gulf of Mexico and Atlantic smoothhound shark quotas
for anticipated underharvests in 2022 to the full extent allowed. The
proposed 2023 adjusted base annual quota for Gulf of Mexico smoothhound
sharks is 504.6 mt dw (336.4 mt dw annual base quota + 168.2 mt dw 2022
underharvest = 504.6 mt dw 2023 adjusted annual quota) and for Atlantic
smoothhound sharks is 1,802.6 mt dw (1,201.7 mt dw annual base quota +
600.9 mt dw 2022 underharvest = 1,802.6 mt dw 2023 adjusted annual
quota).
Shark Management Groups Where Underharvests Cannot Be Carried Over
Consistent with the current regulations at Sec. 635.27(b)(2)(ii),
2022 underharvests cannot be carried over to the 2023 fishing year for
the following stocks or management groups because they are overfished,
are experiencing overfishing, or have an unknown status: sandbar shark,
aggregated LCS, hammerhead shark, non-blacknose SCS, blacknose shark,
blue shark, porbeagle shark, and pelagic shark (other than porbeagle or
blue sharks) management groups. For these stocks, the 2023 proposed
commercial quotas reflect the codified annual base quotas, without
adjustment for underharvest. At this time, no overharvests have
occurred, which would require adjustment downward.
Aggregate LCS: The 2023 proposed commercial quota for aggregated
LCS in the western Gulf of Mexico sub-region is 72.0 mt dw (158,724 lb
dw) and in the eastern Gulf of Mexico sub-region is 85.5 mt dw (188,593
lb dw). The 2023 proposed commercial quota for aggregated LCS in the
Atlantic region is 168.9 mt dw (372,552 lb dw). In a recent action,
NMFS transferred 11.3 mt dw of aggregate LCS quota from the eastern
Gulf of Mexico sub-region to the western Gulf of Mexico sub-region (87
FR 38676; June 29, 2022). That inseason quota transfer would not impact
the proposed actions in this rulemaking. As of July 15, 2022,
preliminary reported landings for aggregated LCS in the western Gulf of
Mexico sub-region were 81 percent (67.3 mt dw) of their 2022 quota
(72.0 mt dw), in the eastern Gulf of Mexico sub-region were 49 percent
(36.1 mt dw) of their 2022 quota (85.5 mt dw), and in the Atlantic
region were 28 percent (48.0 mt dw) of their 2022 quota (168.9 mt dw).
Reported landings from both Gulf of Mexico sub-regions and the Atlantic
region have not exceeded the 2022 overall aggregated LCS quota to date.
Given the unknown status of some species in the aggregated LCS complex,
the aggregated LCS quota cannot be adjusted for any underharvests.
Based on preliminary estimates and catch rates from previous years,
NMFS proposes that the 2023 quotas for aggregated LCS in the western
and eastern Gulf of Mexico sub-regions and the Atlantic region be equal
to their annual base quotas without adjustment.
Hammerhead Sharks: The 2023 proposed commercial quotas for
hammerhead sharks in the western Gulf of Mexico sub-region is 11.9 mt
dw (26,301 lb dw) and eastern Gulf of Mexico sub-region is 13.4 mt dw
(29,421 lb dw). The 2023 proposed commercial quota for hammerhead
sharks in the Atlantic region is 27.1 mt dw (59,736 lb dw). In a recent
action, NMFS transferred 6.8 mt dw of hammerhead shark quota from
western Gulf of Mexico sub-region to the Atlantic region (87 FR 38676;
June 29, 2022). That inseason quota transfer would not impact the
proposed actions in this rulemaking. As of July 15, 2022, preliminary
reported landings of hammerhead sharks in the western Gulf of Mexico
sub-region were less than 40 percent (<2.0 mt dw) of their 2022 quota
(11.9 mt dw), in the eastern Gulf of Mexico sub-region were at 25
percent (3.4 mt dw) of their 2022 quota (13.4 mt dw), and in the
Atlantic region were at 63 percent (21.5 mt dw) of their 2022 quota
(27.1 mt dw). Reported landings from the Gulf of Mexico sub-regions and
the Atlantic region have not exceeded the 2022 overall hammerhead quota
to date. Given the overfished status of the scalloped hammerhead shark,
the hammerhead shark quota cannot be adjusted for any underharvests.
Based on preliminary estimates and catch rates from previous years,
NMFS proposes that the 2023 quotas for hammerhead sharks in the western
and eastern Gulf of Mexico sub-regions and Atlantic region be equal to
their annual base quotas without adjustment.
Blacknose Sharks: The 2023 proposed commercial quota for blacknose
sharks in the Atlantic region is 17.2 mt dw (37,921 lb dw). This quota
is available in the Atlantic region only for those vessels operating
south of 34[deg] N latitude. North of 34[deg] N latitude, retention,
landing, or sale of blacknose sharks is prohibited. As of July 15,
2022, preliminary reported landings of blacknose sharks in the Atlantic
region were at 16 percent (2.8 mt dw) of their 2022 quota (17.2 mt dw).
Given the overfished status of the blacknose shark, the blacknose shark
quota cannot be adjusted for any underharvests. Based on preliminary
estimates and catch rates from previous years, NMFS proposes that the
2023 quota for blacknose sharks in the Atlantic region be equal to
their annual base quota without adjustment.
Non-Blacknose SCS: The 2023 proposed commercial quota for non-
blacknose SCS in the Gulf of Mexico region is 112.6 mt dw (428,215 lb
dw) and in the Atlantic region is 264.1 mt dw (582,333 lb dw). As of
July 15, 2022, preliminary reported landings of non-blacknose SCS in
the Gulf of Mexico were at 15 percent (17.1 mt dw) of their 2022 quota
(112.6 mt dw) and in the Atlantic region were at 11 percent (29.8 mt
dw) of their 2022 quota (264.1 mt). Given the unknown status of
bonnethead sharks within Atlantic and Gulf of Mexico non-blacknose SCS
management groups, underharvests cannot be carried forward. Based on
preliminary estimates and catch rates from previous years, NMFS
proposes that the 2023 quotas for non-blacknose SCS in the Gulf of
Mexico and Atlantic regions be equal to their annual base quotas
without adjustment.
Blue Sharks, Porbeagle Sharks, and Pelagic Sharks (Other Than
Porbeagle and Blue Sharks): The 2023 proposed commercial quotas for
blue sharks, porbeagle sharks, and pelagic sharks (other than porbeagle
or blue sharks) are 273.0 mt dw (601,856 lb dw), 1.7 mt dw (3,748 lb
dw), and 488.0 mt dw (1,075,856 lb dw), respectively. On July 1, 2022,
NMFS published a final rule that establishes a shortfin mako shark
retention limit of zero in commercial and recreational Atlantic HMS
fisheries, consistent with a 2021 ICCAT recommendation (87 FR 39373).
Retention of shortfin mako sharks was previously permitted, consistent
with existing regulations, as part of the pelagic sharks complex. As of
July 15, 2022, there have been no porbeagle shark landings, landings of
blue sharks were less than 1 percent (<1.0 mt) of their 2022 quota
(273.0 mt), and landings of pelagic sharks (other than porbeagle and
blue sharks) were at 4 percent (20.6 mt dw) of their 2022 quota (488.0
mt dw). Given that all of these pelagic species are overfished, have
overfishing occurring, or have an unknown status, underharvests cannot
be carried forward. Based on preliminary estimates of catch rates from
previous years, NMFS proposes that the 2023 quotas for blue sharks,
porbeagle sharks, and pelagic sharks (other than porbeagle and blue
sharks) be equal to their annual base quotas without adjustment.
Shark Research Fishery: The 2023 proposed commercial quotas within
the shark research fishery are 50.0 mt dw (110,230 lb dw) for research
LCS and
[[Page 55383]]
90.7 mt dw (199,943 lb dw) for sandbar sharks. Within the shark
research fishery, as of July 15, 2022, preliminary reported landings of
research LCS were at 4 percent (2.1 mt dw) of their 2022 quota (50.0 mt
dw) and sandbar shark reported landings were at 42 percent (38.2 mt dw)
of their 2022 quota (90.7 mt dw). Because sandbar sharks and scalloped
hammerhead sharks within the research LCS management group are either
overfished or overfishing is occurring, underharvests for these
management groups cannot be carried forward. Based on preliminary
estimates, NMFS proposes that the 2023 quotas in the shark research
fishery be equal to their annual base quotas without adjustment.
Proposed Opening Dates and Retention Limits
In proposing the commercial shark fishing season opening dates for
all regions and sub-regions, NMFS considered the ``Opening Commercial
Fishing Season Criteria,'' listed at Sec. 635.27(b)(3):
The available annual quotas for the current fishing
season;
Estimated season length and average weekly catch rates
from previous years;
Length of the season and fishery participation in past
years;
Temporal variation in behavior or biology of target
species (e.g., seasonal distribution or abundance);
Impact of catch rates in one region on another region;
Effects of the adjustment on accomplishing the objectives
of the 2006 Consolidated HMS FMP and its amendments; and
Effects of delayed openings.
When analyzing the criteria to open a commercial fishing season,
NMFS considers the underharvests of the different management groups in
the 2022 fishing year to determine the likely effects of the proposed
commercial quotas for 2023 on shark stocks and fishermen across
regional and sub-regional fishing areas. NMFS also examines the
potential season length and previous catch rates to ensure, to the
extent practicable, that equitable fishing opportunities will be
provided to fishermen in all areas. Lastly, NMFS assesses the seasonal
variation of the different species and management groups, as well as
seasonal variation in fishing opportunities. At the start of each
fishing year, the default commercial retention limit is 45 LCS other
than sandbar sharks per vessel per trip in the eastern and western Gulf
of Mexico sub-regions and in the Atlantic region, unless NMFS
determines otherwise and publishes a notice of inseason adjustment in
the Federal Register (Sec. 635.24(a)(2)). NMFS may adjust the
retention limit from 0 to 55 LCS other than sandbar sharks per vessel
per trip if the respective LCS management group is open under
Sec. Sec. 635.27 and 635.28.
NMFS also considered the seven ``Inseason Trip Limit Adjustment
Criteria'' listed at Sec. 635.24(a)(8):
The amount of remaining shark quota in the relevant area,
region, or sub-region, to date, based on dealer reports;
The catch rates of the relevant shark species/complexes in
the region or sub-region, to date, based on dealer reports;
The estimated date of fishery closure based on when the
landings are projected to reach 80 percent of the quota given the
realized catch rates and whether they are projected to reach 100
percent before the end of the fishing season;
Effects of the adjustment on accomplishing the objectives
of the 2006 Consolidated HMS FMP and its amendments;
Variations in seasonal distribution, abundance, or
migratory patterns of the relevant shark species based on scientific
and fishery-based knowledge;
Effects of catch rates in one part of a region precluding
vessels in another part of that region from having a reasonable
opportunity to harvest a portion of the relevant quota; and/or
Any shark retention allowance set by ICCAT, the amount of
remaining allowance, and the expected or reported catch rates of the
relevant shark species, based on dealer and other harvest reports.
When analyzing the inseason adjustment criteria, NMFS examines
landings submitted in dealer reports on a weekly basis and catch rates
based upon those dealer reports. NMFS has found that, to date, landings
and subsequent quotas have not been exceeded. Given the pattern of
landings over previous years, seasonal distribution of the species and
management groups have not had an effect on the landings within a
region or sub-region.
After considering both sets of criteria in Sec. Sec. 635.24 and
635.28, NMFS is proposing to open the 2023 Atlantic commercial shark
fishing season for all shark management groups in the northwestern
Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea, on
January 1, 2023, after the publication of the final rule for this
action (Table 2). NMFS proposes to open the season on January 1, 2023,
but recognizes that the actual opening date is contingent upon
publication of the final rule in the Federal Register, and may vary
accordingly. NMFS is also proposing to start the 2023 commercial shark
fishing season with the commercial retention limit of 55 LCS other than
sandbar sharks per vessel per trip in both the eastern and western Gulf
of Mexico sub-regions, and a commercial retention limit of 55 LCS other
than sandbar sharks per vessel per trip in the Atlantic region (Table
2). The final retention limits could change as a result of public
comments and/or updated catch rates and landings information submitted
in dealer reports.
Table 2--Quota Linkages, Season Opening Dates, and Commercial Retention Limit by Regional or Sub-Regional Shark
Management Group
----------------------------------------------------------------------------------------------------------------
Commercial
retention limits
Region or sub-region Management group Quota linkages \1\ Season opening for directed shark
date limited access
permit holders \2\
----------------------------------------------------------------------------------------------------------------
Western Gulf of Mexico.......... Blacktip Sharks... Not Linked........ January 1, 2023... 55 LCS other than
sandbar sharks
per vessel per
trip.
Aggregate Large Linked............
Coastal Sharks.
Hammerhead Sharks.
Eastern Gulf of Mexico.......... Blacktip Sharks... Not Linked........ January 1, 2023... 55 LCS other than
sandbar sharks
per vessel per
trip.
Aggregate Large Linked............
Coastal Sharks.
Hammerhead Sharks.
Gulf of Mexico.................. Non-Blacknose Not Linked........ January 1, 2023... N/A.
Small Coastal
Sharks.
Smoothhound Sharks Not Linked........ January 1, 2023... N/A.
[[Page 55384]]
Atlantic........................ Aggregate Large Linked............ January 1, 2023... 55 LCS other than
Coastal Sharks. sandbar sharks
per vessel per
trip.
Hammerhead Sharks.
Non-Blacknose Linked (South of January 1, 2023... N/A.
Small Coastal 34[deg] N lat.
Sharks. Only).
Blacknose Sharks 8 blacknose sharks
(South of 34[deg] per vessel per
N lat. Only). trip.\3\
Smoothhound Sharks Not Linked........ January 1, 2023... N/A.
No Regional Quotas.............. Non-Sandbar LCS Linked \4\........ January 1, 2023... N/A.
Research.
Sandbar Shark
Research.
Blue Sharks....... Not Linked........ January 1, 2023... N/A.
Porbeagle Sharks..
Pelagic Sharks
Other Than
Porbeagle or Blue.
----------------------------------------------------------------------------------------------------------------
\1\ Section 635.28(b)(4) lists species and 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)).
\2\ Inseason adjustments are possible.
\3\ Applies to Shark Directed and Shark Incidental permit holders.
\4\ Shark research permits ``terms and conditions'' state that when the individual sandbar or research LCS
quotas authorized by the permit are landed, all fishing trips under the permit must stop.
In the eastern and western Gulf of Mexico sub-regions, NMFS
proposes opening the fishing season on January 1, 2023, for the
aggregated LCS, blacktip shark, and hammerhead shark management groups,
with a commercial retention limit of 55 LCS other than sandbar sharks
per vessel per trip for directed shark permits. This opening date and
retention limit combination would provide, to the extent practicable,
equitable opportunities across the fisheries management sub-regions.
The season opening criteria listed in Sec. 635.27(b)(3) requires NMFS
to consider the length of the season for the different species and/or
management groups in the previous years (Sec. 635.27(b)(3)(ii) and
(iii)) and whether fishermen were able to participate in the fishery in
those years (Sec. 635.27(b)(3)(iii)). In addition, the criteria listed
in Sec. 635.24(a)(8) require NMFS to consider the catch rates of the
relevant shark species/complexes based on landings submitted in dealer
reports to date (Sec. 635.24(a)(8)(ii)). NMFS may also adjust the
retention limit in the Gulf of Mexico region throughout the season to
ensure fishermen in all parts of the region have an opportunity to
harvest aggregated LCS, blacktip sharks, and hammerhead sharks (see the
criteria listed at Sec. Sec. 635.27(b)(3)(v) and 635.24(a)(2) and
(a)(8)(ii), (v), and (vi)). Given these requirements, NMFS reviewed
landings on a weekly basis for all species and/or management groups and
determined that fishermen have been able to participate in the fishery,
and landings from both Gulf of Mexico sub-regions and the Atlantic
region have not exceeded the 2022 overall aggregated LCS quota to date.
For both the eastern and western Gulf of Mexico sub-regions combined,
landings submitted in dealer reports received through July 15, 2022,
indicate that 66 percent (103.4 mt dw), 55 percent (212.4 mt dw), and
29 percent (5.0 mt dw) of the available aggregated LCS, blacktip shark,
and hammerhead shark quotas, respectively, have been harvested.
Therefore, for 2023, NMFS is proposing opening both the eastern and
western Gulf of Mexico sub-regions with a commercial retention limit of
55 LCS other than sandbar sharks per vessel per trip.
In the Atlantic region, NMFS proposes opening the aggregated LCS
and hammerhead shark management groups on January 1, 2023. The criteria
listed in Sec. 635.27(b)(3) consider the effects of catch rates in one
part of a region precluding vessels in another part of that region from
having a reasonable opportunity to harvest a portion of the different
species and/or management quotas (Sec. 635.27(b)(3)(v)). The 2022 data
indicate that an opening date of January 1 would provide a reasonable
opportunity for fishermen in every part of each region to harvest a
portion of the available quotas (Sec. 635.27(b)(3)(i)), while
accounting for variations in seasonal distribution of the different
species in the management groups (Sec. 635.27(b)(3)(iv)). Because the
proposed 2023 quotas and season lengths are the same as they were in
2022, NMFS anticipates that the participation of various fishermen
throughout the region, would be similar in 2023 (Sec. 635.27(b)(3)(ii)
and (iii)). Additionally, the January 1 opening date appears to meet
the objectives of the 2006 Consolidated HMS FMP and its amendments
(Sec. 635.27(b)(3)(vi)), because it provides equal fishing
opportunities for fishermen to fully utilize the available quotas.
Considering the reduced landings in the past 5 years, NMFS proposes to
open the aggregated LCS and hammerhead shark management groups for the
2023 fishing year on January 1, 2023, with a retention limit of 55 LCS
other than sandbar sharks per vessel per trip. Starting with the
highest retention limit available could allow fishermen in the Atlantic
region to more fully utilize the available science-based quota. As
needed, NMFS may adjust the retention limit throughout the year to
ensure equitable fishing opportunities throughout the region and ensure
the quota is not exceeded (see the criteria at Sec. 635.24(a)(8)). For
example, if the quota is harvested too quickly, NMFS could consider
reducing the retention limit as appropriate to ensure enough quota
remains until later in the year. NMFS would publish in the Federal
Register notification of any inseason adjustments of the retention
limit.
All of the regional or sub-regional commercial fisheries for shark
management groups would remain open until December 31, 2023, or until
NMFS determines that the landings for any shark management group are
projected to reach 80 percent of the quota given the realized catch
rates and are projected to reach 100 percent of the quota before the
end of the fishing season, or until a quota-linked species or
management group is closed. If NMFS determines that a non-quota-linked
shark species or management group fishery must be closed, then,
consistent with Sec. 635.28(b)(2) for non-
[[Page 55385]]
linked quotas (e.g., eastern Gulf of Mexico blacktip sharks, western
Gulf of Mexico blacktip sharks, Gulf of Mexico non-blacknose SCS,
pelagic sharks, or the Atlantic or Gulf of Mexico smoothhound sharks),
NMFS will publish in the Federal Register a notice of closure for that
shark species, shark management group, region, and/or sub-region. The
closure will be effective no fewer than 4 days from the date of filing
for public inspection with the Office of the Federal Register.
For the regional or sub-regional Gulf of Mexico blacktip shark
management group(s), regulations at Sec. 635.28(b)(5)(i) through (v)
authorize NMFS to close the management group(s) before landings have
reached, or are projected to reach, 80 percent of the 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 of blacktip sharks,
hammerhead sharks, and aggregated LCS; effects on accomplishing the
objectives of the 2006 Consolidated 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. The fisheries for the shark species or management group would
be closed (even across fishing years) from the effective date and time
of the closure until NMFS publishes in the Federal Register a notice
that additional quota is available and the season is reopened.
If NMFS determines that a quota-linked species and/or management
group must be closed, then, consistent with Sec. 635.28(b)(3) for
linked quotas, NMFS will publish in the Federal Register a notice of
closure for all of the species and/or management groups in a linked
group. The closure will be effective no fewer than 4 days from the date
of filing for public inspection with the Office of the Federal
Register. In that event, from the effective date and time of the
closure until the season is reopened and additional quota is available
(via publication of another notice in the Federal Register), the
fisheries for all quota-linked species and/or management groups will be
closed, even across fishing years. The quota-linked species and/or
management groups are: Atlantic hammerhead sharks and Atlantic
aggregated LCS; eastern Gulf of Mexico hammerhead sharks and eastern
Gulf of Mexico aggregated LCS; western Gulf of Mexico hammerhead sharks
and western Gulf of Mexico aggregated LCS; and Atlantic blacknose
sharks and Atlantic non-blacknose SCS south of 34[deg] N latitude.
Request for Comments
Comments on this proposed rule and on NMFS' determination that this
proposed rule, if adopted, would not have a significant economic impact
on a substantial number of small entities (as discussed below in the
Classification section), may be submitted via www.regulations.gov. NMFS
solicits comments on this proposed rule by October 11, 2022 (see DATES
and ADDRESSES).
Classification
The NMFS Assistant Administrator has determined that this proposed
rule is consistent with the 2006 Consolidated HMS FMP and its
amendments, the Magnuson-Stevens Act, and other applicable law, subject
to further consideration after public comment.
This rulemaking would implement previously adopted and analyzed
measures with adjustments, as specified in the 2006 Consolidated HMS
FMP and its amendments, and the Environmental Assessment (EA) that
accompanied the 2011 Atlantic shark commercial fishing year rule (75 FR
76302; December 8, 2010). Impacts have been evaluated and analyzed in
Amendment 2 (73 FR 35778; June 24, 2008; corrected 73 FR 40658; July
15, 2008), Amendment 3 (75 FR 30484; June 1, 2010; corrected 75 FR
50715; August 17, 2010), Amendment 5a (78 FR 40318; July 3, 2013),
Amendment 6 (80 FR 50073; August 18, 2015), and Amendment 9 (80 FR
73128; November 24, 2015) to the 2006 Consolidated HMS FMP, and in the
Final Environmental Impact Statements (FEISs) for Amendments 2, 3, and
5a, and the EAs for Amendments 6 and 9. The final rule for Amendment 2
implemented base quotas and quota adjustment procedures for sandbar
shark and non-sandbar LCS species/management groups, and Amendments 3
and 5a implemented base quotas for Gulf of Mexico blacktip shark,
aggregated LCS, hammerhead shark, blacknose shark, and non-blacknose
SCS management groups and quota transfers for Atlantic sharks. The
final rule for Amendment 6 implemented a revised commercial shark
retention limit, revised base quotas for sandbar shark and non-
blacknose SCS species/management groups, new sub-regional quotas in the
Gulf of Mexico region for blacktip sharks, aggregated LCS, and
hammerhead sharks, and new management measures for blacknose sharks.
The final rule for Amendment 9 implemented management measures,
including commercial quotas, for smoothhound sharks in the Atlantic and
Gulf of Mexico regions. In 2010, NMFS prepared an EA with the 2011
Atlantic shark commercial fishing year rule (75 FR 76302; December 8,
2010) that describes the impact on the human environment that would
result from implementation of measures to delay the start date and
allow for inseason adjustments. NMFS has determined that the quota
adjustments and season opening dates of this proposed rule and the
resulting impacts to the human environment are within the scope of the
analyses considered in the FEISs and EAs for these amendments, and
additional National Environmental Policy Act analysis is not warranted
for this proposed rule.
This action is exempt from review under Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The factual basis for this determination is as follows.
This proposed rule would adjust quotas and retention limits and
establish the opening date for the 2023 fishing year for the Atlantic
commercial shark fisheries. NMFS would adjust quotas as required or
allowable based on any overharvests and/or underharvests from the 2022
fishing year. NMFS has limited flexibility to otherwise modify the
quotas in this proposed rule. We note that the impacts of the quotas
(and any potential modifications based on overharvests or underharvests
from the previous fishing year) were analyzed in previous regulatory
flexibility analyses, including the initial regulatory flexibility
analysis and the final regulatory flexibility analysis that accompanied
the 2011 Atlantic shark commercial fishing year rule (75 FR 76302;
December 8, 2010). That final rule established the opening dates and
quotas for the 2011 fishing season and implemented new adaptive
management measures, including flexible opening dates and inseason
adjustments to shark trip limits. Consistent with the adaptive
management measures implemented in 2011 and based on the most recent
data, in this action NMFS proposes the opening date and commercial
retention limits to provide, to the extent practicable, fishing
opportunities for commercial shark fishermen in all regions and areas.
This proposed rule's measures could affect fishing opportunities
for commercial shark fishermen in the
[[Page 55386]]
northwestern Atlantic Ocean, Gulf of Mexico, and Caribbean Sea. Section
603(b)(3) of the Regulatory Flexibility Act (RFA) requires agencies to
provide an estimate of the number of small entities to which the rule
would apply. SBA has established size criteria for all major industry
sectors in the United States, including fish harvesters. SBA's
regulations include provisions for an agency to develop its own
industry-specific size standards after consultation with SBA and to
provide 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. The 2011 initial
regulatory flexibility analysis/final regulatory flexibility analysis
analyzed the overall number of limited access permits, which covers all
of our active participants today. NMFS still considers all HMS permit
holders to be small entities because they have average annual receipts
of less than $11 million for commercial fishing.
As of June 2022, this proposed rule would apply to the
approximately 209 directed commercial shark permit holders, 251
incidental commercial shark permit holders, 198 smoothhound shark
permit holders, and 70 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 460
directed and incidental commercial shark permit holders, to date this
year, 15 permit holders landed sharks in the Gulf of Mexico region, and
53 landed sharks in the Atlantic region. Of the 198 smoothhound shark
permit holders, to date this year, 60 permit holders landed smoothhound
sharks in the Atlantic region, and only 1 landed smoothhound sharks in
the Gulf of Mexico region. As described below, NMFS has determined that
all of these entities are small entities for purposes of the RFA.
Based on the 2022 ex-vessel prices (Table 3), fully harvesting the
unadjusted 2023 Atlantic shark commercial base quotas could result in
estimated total fleet revenues of $9,779,528. For adjusted management
groups, the following are changes in potential revenues resulting from
the adjustments proposed in this rule. For the Gulf of Mexico blacktip
shark management group, NMFS is proposing to adjust the base sub-
regional quotas upward due to underharvests in 2022. The increase for
the western Gulf of Mexico blacktip shark management group could result
in a potential $196,451 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 potential $34,094 gain in
total revenues for fishermen in that sub-region. For the Gulf of Mexico
and Atlantic smoothhound shark management groups, NMFS is proposing to
increase the base quotas due to underharvest in 2022. This would cause
a potential gain in revenue of $463,518 for the fleet in the Gulf of
Mexico region, and a potential gain in revenue of $1,377,619 for the
fleet in the Atlantic region. Since a small business is defined as
having annual receipts not in excess of $11 million, and each
individual shark fishing vessel would be its own entity, the total
Atlantic shark fishery is within the small entity definition since the
total revenue is less than $12 million (i.e., the estimated total fleet
revenues plus the potential gain in revenues due to underharvest). NMFS
has also determined that the proposed rule would not likely affect any
small governmental jurisdictions.
Table 3--Average Ex-Vessel Prices per lb dw for Each Shark Management Group, 2022
----------------------------------------------------------------------------------------------------------------
Average ex- Average ex-
Region Species vessel meat vessel fin
price price
----------------------------------------------------------------------------------------------------------------
Western Gulf of Mexico........................ Blacktip Shark.................. $0.77 ..............
Aggregated LCS.................. 0.70 ..............
Hammerhead Shark................ 0.70 ..............
Eastern Gulf of Mexico........................ Blacktip Shark.................. 1.23 ..............
Aggregated LCS.................. 1.03 ..............
Hammerhead Shark................ 0.91 ..............
Gulf of Mexico................................ Non-Blacknose SCS............... 0.69 ..............
Smoothhound Shark............... 1.25 ..............
Atlantic...................................... Aggregated LCS.................. 1.21 ..............
Hammerhead Shark................ 0.69 ..............
Non-Blacknose SCS............... 1.16 ..............
Blacknose Shark................. 1.47 ..............
Smoothhound Shark............... 1.04 ..............
No Region..................................... Shark Research Fishery 0.97 ..............
(Aggregated LCS).
Shark Research Fishery (Sandbar 1.15 ..............
only).
Blue shark...................... .............. ..............
Porbeagle shark................. .............. ..............
Other Pelagic sharks............ 1.44 ..............
All........................................... Shark Fins...................... .............. $6.04
Atlantic...................................... Shark Fins...................... .............. 1.80
GOM........................................... Shark Fins...................... .............. 8.58
----------------------------------------------------------------------------------------------------------------
All of these changes in gross revenues are similar to the gross
revenues analyzed in the 2006 Consolidated HMS FMP and its Amendments
2, 3, 5a, 6, and 9. The final regulatory flexibility analyses for those
amendments concluded that the economic impacts on these small entities
from adjustments such as those contemplated in this
[[Page 55387]]
action are expected to be minimal. In accordance with the 2006
Consolidated HMS FMP, as amended, NMFS now conducts annual rulemakings
in which NMFS considers the potential economic impacts of adjusting the
quotas for underharvests and overharvests. For the adjustments included
in this proposed rule, NMFS concludes that the effects this proposed
rule would have on small entities would be minimal.
In conclusion, although this proposed rule would adjust quotas and
retention limits and establish the opening date for the 2023 fishing
year for the Atlantic commercial shark fisheries, this proposed rule
does not change the regulations and management measures currently in
place that govern commercial shark fishing in Federal waters of the
northwestern Atlantic Ocean, Gulf of Mexico, and Caribbean Sea.
Furthermore, as described above, this action is not expected to affect
the amount of sharks caught and sold or result in any change in the ex-
vessel revenues those fishermen could expect, because, for the most
part, the proposed quotas, retention limits (except for shortfin mako
shark), and opening dates are the same as those for last year. In
addition, as described above, for the areas in which this action
proposes adjustments, the increases in revenues for the participating
small entities are minimal. Therefore, NMFS has determined that this
proposed rule, if adopted, would not have a significant economic impact
on a substantial number of small entities. As a result, an initial
regulatory flexibility analysis is not required and none has been
prepared. NMFS invites comments from the public on the information in
this determination that this proposed rule, if adopted, would not have
a significant economic impact on a substantial number of small
entities.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
Dated: September 6, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2022-19473 Filed 9-8-22; 8:45 am]
BILLING CODE 3510-22-P
