Atlantic Highly Migratory Species; Prohibiting Retention of Oceanic Whitetip Sharks in U.S. Atlantic Waters and Hammerhead Sharks in the U.S. Caribbean Sea, 17171-17176 [2023-05798]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Proposed Rules]
[Pages 17171-17176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05798]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 230315-0075]
RIN 0648-BK54


Atlantic Highly Migratory Species; Prohibiting Retention of 
Oceanic Whitetip Sharks in U.S. Atlantic Waters and Hammerhead Sharks 
in the U.S. Caribbean Sea

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to prohibit the retention and possession of 
oceanic whitetip sharks (Carcharhinus longimanus) in U.S. waters of the 
Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea, and

[[Page 17172]]

hammerhead sharks (great (Sphyrna mokarran), smooth (S. zygaena), and 
scalloped (S. lewini) hammerhead sharks) in U.S. waters of the 
Caribbean Sea. NMFS is proposing this action in response to two 
Biological Opinions (BiOps) for Atlantic Highly Migratory Species 
(HMS): one for the pelagic longline (PLL) fishery and one for the non-
PLL fisheries. The BiOps strongly encouraged the inclusion of the 
scalloped hammerhead shark Central and Southwest Atlantic Distinct 
Population Segment (DPS) and the oceanic whitetip shark on the list of 
prohibited sharks for recreational and/or commercial HMS fisheries. 
This proposed rule could impact all HMS permitted fishermen.

DATES: Written comments must be received by May 22, 2023. NMFS will 
hold a public hearing via webinar for this proposed rule on April 25, 
2023, from 2 p.m. to 4 p.m. For webinar registration information, see 
the SUPPLEMENTARY INFORMATION section of this document.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2023-0025, by electronic submission. Submit all electronic 
public comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter ``NOAA-NMFS-2023-0025'' 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 close 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).
    NMFS will hold a public hearing via conference call/webinar on this 
proposed rule. For specific location, date and time, see the 
SUPPLEMENTARY INFORMATION section of this document.
    Copies of this proposed rule and supporting documents are available 
from the HMS Management Division website at https://www.fisheries.noaa.gov/action/proposed-rule-retention-prohibition-oceanic-whitetip-sharks-us-atlantic-waters-and or by contacting Ann 
Williamson at [email protected] or 301-427-8503.

FOR FURTHER INFORMATION CONTACT: Ann Williamson, 
[email protected], or Karyl Brewster-Geisz, [email protected], 301-427-8503.

SUPPLEMENTARY INFORMATION: 

Background

    Atlantic shark fisheries are managed 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 (ATCA; 16 U.S.C. 971 et seq.). The 2006 Consolidated HMS Fishery 
Management Plan (FMP) and its amendments are implemented by regulations 
at 50 CFR part 635. ATCA authorizes the Secretary of Commerce to 
promulgate such regulations as necessary and appropriate to carry out 
recommendations of the International Commission for the Conservation of 
Atlantic Tunas (ICCAT).
    The Atlantic shark fisheries are composed of 42 species of sharks 
including oceanic whitetip and scalloped hammerhead sharks. In 2014, 
NMFS published a final rule (79 FR 38213, July 3, 2014) that, among 
other things, issued a final determination listing the Central and 
Southwest Atlantic DPS of scalloped hammerhead sharks as threatened 
under the Endangered Species Act (ESA). This 2014 final rule defined 
the Central and Southwest Atlantic DPS as bounded to the north by 
28[deg] N lat., to the east by 30[deg] W long., and to the south by 
36[deg] S lat. This DPS boundary included the U.S. exclusive economic 
zone off Puerto Rico and the U.S. Virgin Islands. In 2018, NMFS 
published a final rule (83 FR 4153, January 30, 2018) that determined 
oceanic whitetip sharks warranted listing as a threatened species under 
the ESA throughout its range.
    In May 2020, NMFS issued two BiOps, the ``Biological Opinion on the 
Operation of the HMS Fisheries excluding Pelagic Longline'' and the 
``Biological Opinion on the Operation of the HMS Pelagic Longline 
Fishery,'' prepared under section 7(a)(2) of the ESA. These BiOps 
concluded consultation on the HMS PLL and non-PLL fisheries, as managed 
under the 2006 Consolidated HMS FMP and its amendments.\1\ In these 
BiOps, NMFS concluded that operations of the U.S. HMS PLL fishery and 
non-PLL fisheries were not likely to jeopardize the continued existence 
of either the scalloped hammerhead shark Central and Southwest Atlantic 
DPS or oceanic whitetip sharks. Nevertheless, the BiOps included 
conservation recommendations for oceanic whitetip shark and the 
scalloped hammerhead shark Central and Southwest Atlantic DPS that 
strongly encouraged the inclusion of these federally protected species 
on the HMS list of prohibited shark species for recreational and/or 
commercial HMS fisheries.
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    \1\ In July 2022, NMFS requested reinitiation of consultation on 
the effects of the HMS PLL fishery due to new information on 
mortality of giant manta ray that exceeded estimates from the 2020 
BiOp. Pending completion of this consultation, the fishery continues 
to operate consistent with the Reasonable and Prudent Measures and 
Terms and Conditions specified in the May 2020 BiOp, and NMFS 
continues to monitor take of giant manta rays in the fishery.
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    Amendment 1 to the 1999 FMP for Atlantic Tunas, Swordfish, and 
Sharks (68 FR 74746, December 24, 2003) established regulatory 
criteria, codified at Sec.  635.34(c), for adding or removing a shark 
from the prohibited shark species group (Table 1 of Appendix A to 50 
CFR part 635). Relevant to this proposed action, Sec.  635.34(c) 
provides that NMFS may add species to the prohibited shark species 
group if the species is determined to meet at least two of the 
following four criteria:
    (1) Biological information indicates that the stock warrants 
protection;
    (2) Information indicates that the species is rarely encountered or 
observed caught in HMS fisheries;
    (3) Information indicates that the species is not commonly 
encountered or observed caught as bycatch in fishing operations for 
species other than HMS; and
    (4) The species is difficult to distinguish from other prohibited 
species.
    Additionally, in November 2010, ICCAT adopted Recommendations 10-07 
and 10-08, which prohibits retaining onboard, transshipping, landing, 
storing, selling, or offering for sale any part or whole carcass of 
oceanic whitetip sharks and hammerhead sharks in the family Sphyrnidae 
(except bonnethead sharks (S. tiburo)) taken in the Convention area in 
association with ICCAT fisheries. These recommendations were adopted by 
ICCAT to reduce fishing mortality of oceanic whitetip sharks and 
hammerhead sharks. As a result, NMFS published a final rule to 
implement Recommendations 10-07 and 10-08 (76 FR 53652, August 29, 
2011). That final rule prohibited the retention, transshipping, 
landing, storing, or selling of oceanic whitetip sharks and hammerhead 
sharks (except bonnethead sharks) caught in association with ICCAT 
fisheries. The rule prohibited the

[[Page 17173]]

retention of oceanic whitetip sharks and hammerhead sharks by HMS 
commercially-permitted vessels that had PLL gear on board, and 
recreational fishermen where tunas, swordfish, and/or billfish were 
also retained. Specifically, in that rule, recreational fishermen 
included fishermen fishing with a General category permit when 
participating in an HMS tournament, or under an HMS Angling or Charter/
Headboat permit, where tunas, swordfish, and/or billfish are also 
retained. Under the current regulations, recreational fishermen would 
also include fishermen fishing with a Swordfish General Commercial 
permit when participating in an HMS tournament. Commercial shark bottom 
longline (BLL), gillnet, or handgear fisheries and shark recreational 
fisheries when tunas, swordfish, and/or billfish are not retained were 
not impacted by the 2011 rule because they were not considered ICCAT 
fisheries (i.e., fisheries that target tunas, swordfish, and/or 
billfish) and thus could continue to retain oceanic whitetip and 
hammerhead sharks.
    For this proposed rule, NMFS has prepared a draft Environmental 
Assessment (EA), Regulatory Impact Review (RIR), and an Initial 
Regulatory Flexibility Analysis (IRFA), which present and analyze the 
anticipated environmental, social, and economic impacts of each 
alternative considered for this proposed rule. A brief summary of the 
alternatives considered is provided below. Additional information 
regarding this action and Atlantic shark management overall can be 
found in the draft EA/RIR/IRFA, the 2006 Consolidated HMS FMP and its 
amendments, the annual HMS Stock Assessment and Fishery Evaluation 
Reports, and online at https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species.

Proposed Measures

    This proposed rule implements two of the conservation 
recommendations from the May 2020 BiOps. NMFS is proposing to add 
oceanic whitetip shark to the prohibited shark species group, remove 
oceanic whitetip shark from the list of pelagic indicator species, and 
prohibit the possession and retention of great, smooth, and scalloped 
hammerhead sharks in the U.S. Caribbean region. As described below, 
NMFS considered two alternatives concerning oceanic whitetip sharks and 
five alternatives for the scalloped hammerhead shark Central and 
Southwest DPS. These alternatives included both no action alternatives 
and preferred alternatives. The purpose of this proposed action is to 
reduce the mortality of oceanic whitetip sharks and the Central and 
Southwest Atlantic DPS of scalloped hammerhead sharks, which are both 
listed as threatened under the ESA. This effort would promote the 
conservation and recovery of these threatened species.
    Under the preferred alternative for oceanic whitetip sharks 
(Alternative A2), NMFS would add oceanic whitetip sharks to the 
prohibited shark species group using the criteria in Sec.  635.34(c). 
Once added to the prohibited shark species group, the retention, 
possession, landing, sale, and purchase of oceanic whitetip sharks or 
parts of oceanic whitetip sharks would be prohibited in all commercial 
and recreational HMS fisheries in U.S. waters of the Atlantic Ocean, 
including the Gulf of Mexico and Caribbean Sea. As part of this 
alternative, NMFS would also remove oceanic whitetip sharks from the 
list of pelagic indicator species (Table 2 to Appendix A to Part 635) 
because sharks in the prohibited shark species group cannot be 
possessed or landed and therefore their presence onboard should not be 
considered an indicator of a pelagic longline vessel. This alternative 
could reduce the mortality of oceanic whitetip sharks and promote 
conservation and recovery of this threatened species.
    Per the criteria outlined in Sec.  635.34(c), oceanic whitetip 
sharks currently meet the first, second, and third criteria. Regarding 
the first criterion, as a result of a status review conducted under the 
ESA, oceanic whitetip sharks are listed as threatened throughout their 
range, which indicates that the stock warrants protection. Regarding 
the second criterion, few oceanic whitetip sharks are caught in HMS 
fisheries. From 2017 to 2021, no oceanic whitetip sharks were landed in 
the commercial sector and interactions between HMS fisheries and 
oceanic whitetip sharks are low. According to PLL HMS logbook data from 
the same time period, all individuals were discarded (2,856 were 
discarded alive and 425 were discarded dead) and there have been no 
observed interactions between oceanic whitetip sharks and non-PLL 
fisheries. In the recreational sector, the most recent harvest of 
oceanic whitetip sharks occurred in 2021 and 2019, with one shark 
harvested in each year. Thus, the species is not commonly encountered 
or observed in HMS fisheries compared to target species. Regarding the 
third criterion, oceanic whitetip sharks are not often seen in non-HMS 
fisheries, and are therefore not commonly encountered or observed as 
bycatch. Oceanic whitetip sharks do not meet the fourth criterion as 
they can be identified relatively easily by their large, rounded, and 
white-tipped dorsal and pectoral fins.
    Under the preferred alternative for hammerhead sharks (Alternative 
B4), NMFS would prohibit the possession and retention of hammerhead 
sharks in the large coastal shark (LCS) complex (i.e., great, smooth, 
and scalloped hammerhead sharks) in all HMS fisheries in the U.S. 
Caribbean region, as defined at Sec.  622.2. Currently, commercial 
vessels with gear types other than PLL (e.g., BLL, gillnet, or 
handgear) can retain all hammerhead sharks. This alternative would 
prohibit retention and possession of LCS hammerhead sharks for all HMS 
commercial and recreational permit holders in the U.S. Caribbean 
region, including in those instances where it was previously authorized 
(i.e., recreational permit holders with a shark endorsement when tunas, 
swordfish, and/or billfish are not retained). Due to the difficulty in 
differentiating between the various species of LCS hammerhead sharks, 
the preferred alternative applies to all LCS hammerhead sharks so as to 
mitigate the potential for continued mortality from fishermen either 
bringing hammerhead sharks on board to identify the species (increasing 
the likelihood of post-release mortality) or unintentionally retaining 
a scalloped hammerhead shark due to misidentification. This alternative 
could reduce the mortality of hammerhead sharks and promote the 
conservation and recovery of the scalloped hammerhead shark Central and 
Southwest Atlantic DPS.
    In addition to the proposed measures, in the EA for this action, 
NMFS analyzed two no action alternatives (Alternatives A1 and B1) that 
would maintain the status quo for oceanic whitetip sharks and 
hammerhead sharks. NMFS does not prefer the no action alternatives 
because they do not meet the objectives of the rule or the conservation 
recommendations in the 2020 BiOps. The EA for this action also 
describes the impacts of three other alternatives for hammerhead 
sharks: prohibiting retention of scalloped hammerhead sharks in U.S. 
waters of the Caribbean Sea (Alternative B2), prohibiting retention of 
scalloped hammerhead sharks in all regions (i.e., U.S. waters of the 
Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea) 
(Alternative B3), and prohibiting retention of all LCS hammerhead 
sharks in all regions (i.e., U.S. waters of the Atlantic Ocean, 
including the Gulf of Mexico and Caribbean Sea) (Alternative B5).

[[Page 17174]]

Alternative B3 also includes an analysis on adding scalloped hammerhead 
sharks to the prohibited shark species group using the criteria at 
Sec.  635.34(c). At this time, NMFS does not prefer any alternative 
that prohibits only the retention of scalloped hammerhead sharks 
because NMFS recognizes that species identification can be difficult. 
Not prohibiting retention of smooth and great hammerhead sharks could 
result in scalloped hammerhead sharks experiencing continued mortality 
due to misidentification. Further, NMFS does not prefer an alternative 
that prohibits retention of all LCS hammerhead sharks in U.S. waters of 
the Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea, 
because it goes well beyond the conservation recommendations put forth 
by the 2020 BiOps and would unnecessarily limit commercial and 
recreational fisheries throughout U.S. waters of the Atlantic Ocean and 
Gulf of Mexico from accessing LCS hammerhead sharks.

Request for Comments

    NMFS is requesting comments on this proposed rule which may be 
submitted via www.regulations.gov or at a public webinar. NMFS solicits 
comments on this action by April 21, 2023 (see DATES and ADDRESSES).
    During the comment period, NMFS will hold a public hearing via 
webinar for this proposed action. Information on the webinar will be 
posted at: https://www.fisheries.noaa.gov/action/proposed-rule-retention-prohibition-oceanic-whitetip-sharks-us-atlantic-waters-and. 
Requests for sign language interpretation or other auxiliary aids 
should be directed to Ann Williamson at [email protected] or 301-
427-8503, at least 7 days prior to the meeting.
    At the beginning of each webinar, the moderator will explain how 
the webinar will be conducted and how and when participants can provide 
comments. The NMFS representative(s) will structure the webinars so 
that all members of the public will be able to comment, if they so 
choose, regardless of the controversial nature of the subject(s). 
Participants are expected to respect the ground rules, and those that 
do not may be asked to leave the webinars.

Classification

    The NMFS Assistant Administrator has determined that the proposed 
rule is consistent with the 2006 Consolidated HMS FMP and its 
amendments, other provisions of the Magnuson-Stevens Act, ATCA, and 
other applicable law, subject to further consideration after public 
comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    An IRFA was prepared, as required by section 603 of the Regulatory 
Flexibility Act (RFA). The IRFA describes the economic impact that this 
proposed rule, if adopted, would have on small entities. A description 
of the action, why it is being considered, and the legal basis for this 
action are contained at the beginning of this section in the preamble 
and in the SUMMARY section of the preamble. A summary of the analysis 
follows. A copy of this analysis is available from NMFS (see 
ADDRESSES).
    Section 603(b)(1) requires agencies to describe the reasons why the 
action is being considered. The purpose of this proposed rulemaking is 
to reduce the mortality of oceanic whitetip sharks and the scalloped 
hammerhead shark Central and Southwest Atlantic DPS, which are listed 
as threatened under the ESA, consistent with the objectives of the 2006 
Consolidated HMS FMP and its amendments, the Magnuson-Stevens Act, the 
2020 BiOps, and other applicable law. This effort would promote the 
conservation and recovery of these threatened species. Implementation 
of the proposed rule would further the management goals and objectives 
stated in the 2006 Consolidated HMS FMP and its amendments.
    Section 603(b)(2) of the RFA requires agencies to state the 
objectives of, and legal basis for, the proposed action. The objective 
of this proposed rulemaking is to add oceanic whitetip sharks to the 
prohibited shark species group using the criteria in Sec.  635.34(c) 
and to prohibit the commercial and recreational retention of LCS 
hammerhead sharks in the U.S. Caribbean region. The legal basis for the 
proposed rule is the Magnuson-Stevens Act.
    Section 603(b)(3) of the RFA requires agencies to provide an 
estimate of the number of small entities to which the proposed rule 
would apply. For RFA compliance purposes, NMFS established a small 
business size standard of $11 million in annual gross receipts for all 
businesses in the commercial fishing industry (NAICS 11411). The Small 
Business Administration (SBA) has established size standards for all 
other major industry sectors in the United States, including the scenic 
and sightseeing transportation (water) sector (NAICS code 487210), 
which includes for-hire (charter/party boat) fishing entities. The SBA 
has defined a small entity under the scenic and sightseeing 
transportation (water) sector as one with average annual receipts 
(revenue) of less than $14 million. Therefore, NMFS considers all HMS 
permit holders, both commercial and for-hire, to be small entities 
because they had average annual receipts of less than their respective 
sector's standard of $11 million and $14 million. The 2021 total ex-
vessel annual revenue for the shark fishery was approximately $2.4 
million. Since a small business is defined as having annual receipts 
not in excess of $11 million, each individual shark fishing entity 
would fall within the small business definition. Thus, all of the 
entities affected by this rule are considered to be small entities for 
the purposes of the RFA. As of October 2022, there were 206 Shark 
Directed permits, 241 Shark Incidental permits, 76 HMS Commercial 
Caribbean Small Boat permits, 4,175 Charter/Headboat permits (with 
2,994 shark endorsements and 1,873 commercial sale endorsements), 
23,607 Angling permits (with 12,978 shark endorsements), and 603 
Atlantic Tunas General and Swordfish General Commercial permits (with 
388 shark endorsements). For more information regarding the 
distribution of these permits across states and territories please see 
the HMS Stock Assessment and Fishery Evaluation Report.
    Section 603(b)(4) of the RFA requires agencies to describe any new 
reporting, record-keeping, and other compliance requirements. This 
proposed rule does not contain any new collection of information, 
reporting, or record-keeping requirements. This proposed rule would add 
oceanic whitetip sharks on the prohibited shark species group using the 
criteria in Sec.  635.34(c) to prohibit the commercial and recreational 
retention of oceanic whitetip sharks for all HMS permit holders in U.S. 
waters of the Atlantic Ocean, including the Gulf of Mexico and 
Caribbean Sea. This proposed rule would also prohibit the commercial 
and recreational retention of LCS hammerhead sharks for all HMS permit 
holders in the U.S. Caribbean region.
    Under section 603(b)(5) of the RFA, agencies must identify, to the 
extent practicable, relevant Federal rules which duplicate, overlap, or 
conflict with the proposed action. Fishermen, dealers, and managers in 
these fisheries must comply with a number of international agreements, 
domestic laws, and other fishery management measures. These include, 
but are not limited to, the Magnuson-Stevens Act, ATCA, the High Seas 
Fishing Compliance Act, the Marine Mammal Protection Act, ESA, the 
National Environmental Policy Act, the

[[Page 17175]]

Paperwork Reduction Act, and the Coastal Zone Management Act. This 
proposed action has been determined not to duplicate, overlap, or 
conflict with any Federal rules.
    Under section 603(c) of the RFA, agencies must describe any 
significant alternatives to the proposed rule which accomplish the 
stated objectives of applicable statutes and which minimize any 
significant economic impact of the proposed rule on small entities. 
Specifically, the RFA (5 U.S.C. 603(c)(1)-(4)) lists four general 
categories of significant alternatives to assist an agency in the 
development of significant alternatives. These categories of 
alternatives are: (1) establishment of differing compliance or 
reporting requirements or timetables that take into account the 
resources available to small entities; (2) clarification, 
consolidation, or simplification of compliance and reporting 
requirements under the rule for such small entities; (3) use of 
performance rather than design standards; and, (4) exemptions from 
coverage of the rule, or any part thereof, for small entities.
    Regarding the first, second, and fourth categories, all of the 
businesses impacted by this proposed rule are considered small 
entities, and thus the requirements are already designed for small 
entities. Regarding the third category, NMFS does not know of any 
performance or design standards that would satisfy the aforementioned 
objectives of this rulemaking. As described below, NMFS analyzed 
several different alternatives in this proposed rulemaking and provides 
rationales for identifying the preferred alternatives to achieve the 
desired objectives.
    The alternatives considered and analyzed are described below. The 
IRFA assumes that each vessel will have similar catch and gross 
revenues to show the relative impact of the proposed action on vessels.
    Alternative A1, the No Action alternative, would continue to allow 
commercial permit holders issued a Shark Directed or Incidental limited 
access permit using other authorized gear (excluding PLL gear) and/or 
HMS Charter/Headboat permit with a commercial sale endorsement the 
opportunity to land and sell oceanic whitetip sharks when tuna or tuna-
like species are not retained, possessed, on board, or offloaded from, 
the vessel on the same trip. Vessels fishing recreationally would 
continue to have the ability to retain oceanic whitetip sharks when 
tuna or tuna-like species are not possessed on the same recreational 
trip. This alternative would not be expected to result in any 
additional economic impacts for HMS permit holders.
    Alternative A2, the preferred alternative, would add oceanic 
whitetip sharks to the prohibited shark species group using the 
criteria in Sec.  635.34(c) to prohibit the commercial and recreational 
retention of oceanic whitetip sharks in U.S. waters of the Atlantic 
Ocean, including the Gulf of Mexico and Caribbean Sea. This alternative 
would be consistent with the conservation recommendations from both the 
2020 BiOps. From 2017 to 2021, there have been few instances of oceanic 
whitetip sharks being retained in HMS commercial shark fisheries. This 
alternative could limit fishing opportunities and lead to fewer fishing 
trips for charter/headboat operators. However, oceanic whitetip sharks 
are rarely a target species and are worth less than other more valuable 
target species. Overall, this alternative would be expected to have 
very minor adverse socioeconomic impacts on the small entities 
participating in the fishery.
    Under Alternative B1, the No Action alternative, retention of 
scalloped hammerhead sharks on vessels targeting tunas, swordfish, and/
or billfish with PLL gear onboard would continue to be prohibited. 
Commercial permit holders issued a Shark Directed or Incidental limited 
access permit and/or HMS Charter/Headboat permit with a commercial sale 
endorsement using other authorized gear that do not target tuna and 
tuna-like species (e.g., bottom longline, gillnet, rod and reel, 
handline, and bandit gear) would still be authorized to fish for, and 
land scalloped hammerhead sharks subject to existing commercial 
regulations. This alternative would not be expected to result in any 
change in economic impacts on the small entities participating in the 
fishery.
    Under Alternative B2, NMFS would prohibit the commercial and 
recreational retention of scalloped hammerhead sharks for shark 
commercial and recreational permit holders fishing in U.S. Caribbean 
region. This alternative would be consistent with the conservation 
recommendations from both the 2020 BiOps. Between 2017 and 2021, there 
were no reported landings of scalloped hammerhead sharks in the U.S. 
Caribbean region and therefore it is unlikely revenue would be lost 
from prohibiting retention of this species. However, there could be 
some minor costs associated with discarding or avoiding scalloped 
hammerhead sharks within that region. This alternative could also limit 
fishing opportunities and lead to fewer fishing trips for charter/
headboat operators. This alternative would be expected to have neutral 
to minor adverse economic impacts on the small entities participating 
in the fishery.
    Under Alternative B3, NMFS would prohibit the commercial and 
recreational retention of scalloped hammerhead in U.S. waters of the 
Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea. This 
alternative would be consistent with the conservation recommendations 
from both the 2020 BiOps. On average, from 2017 to 2021, scalloped 
hammerhead sharks contributed $10,753 of revenue in the Atlantic and 
Gulf of Mexico shark fisheries combined. This equates to less than 0.5 
percent of the total revenue from all shark fisheries. However, there 
could be some minor costs associated with discarding or avoiding 
scalloped hammerhead sharks. This alternative could also limit fishing 
opportunities and lead to fewer fishing trips for charter/headboat 
operators. Therefore, this alternative would be expected to have minor 
adverse economic impacts on the small entities participating in the 
fishery.
    Under Alternative B4, the preferred alternative, NMFS would 
prohibit the commercial and recreational retention of all LCS 
hammerhead sharks in the U.S. Caribbean region. This alternative would 
be consistent with the conservation recommendations from both the 2020 
BiOps. Between 2017 and 2021, there were no reported landings of 
hammerhead sharks in the U.S. Caribbean region and therefore it is 
unlikely revenue would be lost from prohibiting this species. However, 
there could be some minor costs associated with discarding or avoiding 
hammerhead sharks within that region and this alternative could limit 
fishing opportunities and lead to fewer fishing trips for charter/
headboat operators targeting hammerhead sharks. NMFS prefers 
Alternative B4 because it would implement the 2020 BiOps conservation 
recommendations and provide the most robust protections for scalloped 
hammerhead sharks while not limiting fishing opportunities for 
hammerhead sharks in the Atlantic and Gulf of Mexico. This alternative 
would be expected to have minor adverse economic impacts on the small 
entities participating in the fishery.
    Under Alternative B5, NMFS would prohibit the commercial and 
recreational retention of all LCS hammerhead sharks in U.S. waters of 
the Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea. 
This alternative would be consistent with the conservation 
recommendations from

[[Page 17176]]

both the 2020 BiOps. On average, from 2017 to 2021, hammerhead sharks 
contributed $42,794 of revenue in the Atlantic Ocean and Gulf of Mexico 
shark fisheries combined. This equates to less than 2 percent of the 
total revenue from all shark fisheries. However, there could be some 
minor costs associated with discarding or avoiding hammerhead sharks 
and this alternative could limit fishing opportunities and lead to 
fewer fishing trips for charter/headboat operators. Therefore, this 
alternative would be expected to have minor adverse economic impacts on 
the small entities participating in the fishery.
    This proposed rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations, Imports, 
Penalties, Reporting and recordkeeping requirements, Statistics, 
Treaties.

    Dated: March 16, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 635 is 
proposed to be amended as follows:

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

0
1. The authority citation for part 635 continues to read as follows:

    Authority:  16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.

0
2. In Sec.  635.22, revise paragraphs (a)(2) and (c)(2), and add 
paragraph (c)(9) to read as follows:


Sec.  635.22  Recreational retention limits.

* * * * *
    (a) * * *
    (2) Vessels issued an Atlantic Tunas General category permit under 
Sec.  635.4(d) that are participating in an HMS registered tournament, 
vessels issued an HMS Angling category permit under Sec.  635.4(c), or 
vessels issued an HMS Charter/Headboat permit under Sec.  635.4(b) may 
not retain, possess or land scalloped, smooth, or great hammerhead 
sharks if swordfish, tuna, or billfish are retained or possessed on 
board, or offloaded from, the vessel. Such vessels also may not retain, 
possess or land swordfish, tuna, or billfish if scalloped, smooth, or 
great hammerhead sharks are retained or possessed on board, or 
offloaded from, the vessel.
* * * * *
    (c) * * *
    (2) Only one shark from the following list may be retained per 
vessel per trip, subject to the size limits described in Sec.  
635.20(e)(2) and (4): Atlantic blacktip, Gulf of Mexico blacktip, bull, 
great hammerhead, scalloped hammerhead, smooth hammerhead, lemon, 
nurse, spinner, tiger, blue, common thresher, porbeagle, Atlantic 
sharpnose, finetooth, Atlantic blacknose, Gulf of Mexico blacknose, and 
bonnethead.
* * * * *
    (9) No person who has been issued or should have been issued a 
permit under Sec.  635.4 of this part may retain, possess, or land 
scalloped, smooth, or great hammerhead sharks in or from the Caribbean, 
as defined at Sec.  622.2 of this chapter.
* * * * *
0
3. In Sec.  In 635.24, revise paragraphs (a)(4)(iv) and (a)(9), and add 
paragraph (a)(11) to read as follows:


Sec.  635.24  Commercial retention limits for sharks, swordfish, and 
BAYS tunas.

* * * * *
    (a) * * *
    (4) * * *
    (iv) A person who owns, operates, or is aboard a vessel that has 
been issued an HMS Commercial Caribbean Small Boat permit may retain, 
possess, land, or sell any blacktip, bull, lemon, nurse, spinner, 
tiger, Atlantic sharpnose, bonnethead, finetooth, and smoothhound 
shark, subject to the HMS Commercial Caribbean Small Boat permit shark 
retention limit. A person who owns, operates, or is aboard a vessel 
that has been issued an HMS Commercial Caribbean Small Boat permit may 
not retain, possess, land, or sell any hammerhead, blacknose, silky, 
sandbar, blue, thresher, shortfin mako, or prohibited shark, including 
parts or pieces of these sharks. The shark retention limit for a person 
who owns, operates, or is aboard a vessel issued an HMS Commercial 
Caribbean Small Boat permit will range from zero to three sharks per 
vessel per trip. At the start of each fishing year, the default shark 
trip limit will apply. During the fishing year, NMFS may adjust the 
default shark trip limit per the inseason trip limit adjustment 
criteria listed in paragraph (a)(8) of this section. The default shark 
retention limit for the HMS Commercial Caribbean Small Boat permit is 
three sharks per vessel per trip.
* * * * *
    (9) Notwithstanding other provisions in this subsection, 
possession, retention, transshipment, landing, sale, or storage of 
silky sharks, and scalloped, smooth, and great hammerhead sharks is 
prohibited on vessels issued a permit under this part that have pelagic 
longline gear on board or on vessels issued both an HMS Charter/
Headboat permit and a commercial shark permit when tuna, swordfish or 
billfish are on board the vessel, offloaded from the vessel, or being 
offloaded from the vessel.
* * * * *
    (11) No person who has been issued or should have been issued a 
permit under Sec.  635.4 of this part may retain, possess or land 
scalloped, smooth, or great hammerhead sharks in or from the Caribbean, 
as defined at Sec.  622.2 of this chapter.
* * * * *
0
4. In Table 1 of Appendix A to Part 635, remove the term ``Oceanic 
whitetip, Carcharhinus longimanus'' under heading C and add the term 
``Oceanic whitetip, Carcharhinus longimanus'' under heading D in 
alphabetical order.
    The addition reads as follows:

Appendix A to Part 635--Species Tables

            Table 1 of Appendix A to Part 635--Oceanic Sharks
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
 
                                * * * * *
D. Prohibited Sharks.
 
                                * * * * *
  Oceanic whitetip, Carcharhinus longimanus.
 
                                * * * * *
------------------------------------------------------------------------

* * * * *

Appendix A to Part 635 [Amended]

0
5. In Table 2 of Appendix A to Part 635, remove the entry for ``Oceanic 
whitetip shark, Carcharhinus longimanus.''

[FR Doc. 2023-05798 Filed 3-21-23; 8:45 am]
BILLING CODE 3510-22-P