Atlantic Highly Migratory Species; Commercial Shark Quota Transfer, 17742-17744 [2023-06137]
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Federal Register / Vol. 88, No. 57 / Friday, March 24, 2023 / Rules and Regulations
issued a Notice of Proposed Rulemaking
(NPRM) in response to a petition for
rulemaking filed by Blue Ridge Public
Television, Inc. (Petitioner or Blue
Ridge PBS), the licensee of
noncommercial educational television
PBS member station WBRA–TV
(WBRA–TV or Station), channel *3,
Roanoke, Virginia, requesting the
substitution of channel *13 in place of
channel *3 at Roanoke in the Table of
TV Allotments. For the reasons set forth
in the Report and Order referenced
below, the Bureau amends FCC
regulations to substitute channel *13 for
channel *3 at Roanoke.
DATES: Effective March 24, 2023.
FOR FURTHER INFORMATION CONTACT:
Joyce Bernstein, Media Bureau, at (202)
418–1647, Joyce.Bernstein@fcc.gov; or
Emily Harrison, Media Bureau, at (202)
418–1665, Emily.Harrison@fcc.gov.
SUPPLEMENTARY INFORMATION: The
proposed rule was published at 88 FR
3680 on January 20, 2023. The
Petitioner filed comments in support of
the petition reaffirming its commitment
to apply for channel *13. No other
comments were filed.
The Bureau believes the public
interest would be served by substituting
channel *13 for channel *3 at Roanoke,
Virginia. The proposed channel
substitution will improve viewers’
access to the Station’s PBS and other
public television programming by
improving reception and resolving lowVHF reception issues. The Petitioner
further states that the Commission has
recognized that although VHF reception
issues are not universal, ‘‘environmental
noise blockages affecting [VHF] signal
strength and reception exist’’ and
‘‘[vary] widely from service area to
service area.’’ According to the
Petitioner, the Station’s move from
channel *3 to channel *13 is predicted
to create an area where 64,309 persons
are predicted to lose service without
considering the service from other PBS
stations. When taking into account the
service provided by noncommercial
educational stations WUNC–TV and
WUNL–TV to the WBRA–TV noise
limited service contour area, only 94
persons are predicted to lose access to
PBS network programming, which is de
minimis.
This is a synopsis of the
Commission’s Report and Order, MB
Docket No. 23–14; RM–11943; DA 23–
221, adopted March 15, 2023, and
released March 15, 2023. The full text
of this document is available for
download at https://www.fcc.gov/edocs.
To request materials in accessible
formats for people with disabilities
(braille, large print, electronic files,
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audio format), send an email to fcc504@
fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202–
418–0530 (voice), 202–418–0432 (tty).
This document does not contain
information collection requirements
subject to the Paperwork Reduction Act
of 1995, Public Law 104–13. In addition,
therefore, it does not contain any
proposed information collection burden
‘‘for small business concerns with fewer
than 25 employees,’’ pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4). Provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601–
612, do not apply to this proceeding.
The Commission will send a copy of
this Report and Order in a report to be
sent to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
List of Subjects in 47 CFR Part 73
Television.
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
PART 73—RADIO BROADCAST
SERVICE
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 155, 301, 303,
307, 309, 310, 334, 336, 339.
2. In § 73.622(j), amend the Table of
TV Allotments, under Virginia, by
revising the entry for Roanoke to read as
follows:
■
§ 73.622 Digital television table of
allotments.
*
*
*
(j) * * *
*
*
Community
*
Channel No.
*
*
*
*
VIRGINIA
*
*
*
*
*
Roanoke .................... * 13, 27, 30, 34, 36.
*
*
*
*
*
[FR Doc. 2023–06095 Filed 3–23–23; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 221107–0236; RTID 0648–
XC864]
Atlantic Highly Migratory Species;
Commercial Shark Quota Transfer
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason quota
transfer.
AGENCY:
NMFS is transferring 40
metric tons (mt) dressed weight (dw)
(88,184 pounds (lb) dw) of aggregated
large coastal shark (LCS) quota from the
eastern Gulf of Mexico sub-region to the
western Gulf of Mexico sub-region for
the remainder of the 2023 fishing year.
This action is based on consideration of
the regulatory determination criteria
regarding inseason quota transfers and
affects commercial Atlantic shark
permitted vessels and dealers.
DATES: Effective March 21, 2023,
through December 31, 2023.
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: The
Atlantic shark fisheries are managed
under the 2006 Consolidated Atlantic
Highly Migratory Species (HMS) Fishery
Management Plan (FMP), its
amendments, and implementing
regulations (50 CFR part 635) issued
under authority of the MagnusonStevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et
seq.). Section 635.27(b) describes the
baseline quotas for different shark
management groups and regions,
describes the process for annual
adjustments to those baseline quotas,
and includes the criteria to consider for
inseason quota transfers between
regions and sub-regions. Section
635.28(b) describes quotas that are
linked for management purposes.
On November 14, 2022 (87 FR 68104),
NMFS announced the 2023 commercial
western Gulf of Mexico aggregated LCS
(72.0 mt dw; 158,724 lb dw) and eastern
Gulf of Mexico aggregated LCS (85.5 mt
dw; 188,593 lb dw) sub-regional quotas.
Based on dealer reports received as of
March 16, 2023, NMFS estimates that in
the western Gulf of Mexico sub-region,
approximately 72.0 mt dw
SUMMARY:
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(approximately 158,700 lb dw) or
approximately 100 percent of the
aggregated LCS sub-regional quota has
been landed. In the eastern Gulf of
Mexico sub-region, there has been no
reported landings of aggregated LCS.
Regulations provide that quotas for
certain shark species and/or
management groups are linked,
including western Gulf of Mexico
hammerhead sharks and western Gulf of
Mexico aggregated LCS (see
§ 635.28(b)(4)). Regulations further
provide that for each pair of linked
species and/or management groups, if
landings reach, or are projected to reach,
a threshold of 80 percent of the
available quota and are also projected to
reach 100 percent of the available quota
before the end of the 2023 fishing year,
NMFS will close the relevant shark
management groups (see § 635.28(b)(3)).
At this time, without further action,
NMFS projects that the western Gulf of
Mexico aggregated LCS management
group quota has already been exceeded.
Without a quota transfer, NMFS would
need to close the western Gulf of
Mexico aggregated LCS group and the
linked western Gulf of Mexico
hammerhead group.
Under § 635.27(b)(2), NMFS may
transfer quota inseason between regions
or sub-regions. Such transfers may occur
for species or management groups that
are the same in both regions or subregions and the quota is split for
management purposes and not as a
result of a stock assessment. As
described at § 635.27(b)(1)(ii), the subregional splits for the quotas in the Gulf
of Mexico region were done for
management purposes. Therefore,
NMFS may transfer aggregated LCS
quota between Gulf of Mexico subregions. Before making any such
transfer, NMFS must consider the
following determination criteria in
§ 635.27(b)(2)(iii), and other relevant
factors: (1) The usefulness of
information obtained from catches in
the particular management group for
biological sampling and monitoring of
the status of the respective shark species
and/or management group; (2) the
catches of the particular species and/or
management group quota to date and
the likelihood of closure of that segment
of the fishery if no adjustment is made;
(3) the projected ability of the vessels
fishing under the particular species and/
or management group quota to harvest
the additional amount of corresponding
quota before the end of the fishing year;
(4) effects of the adjustment on the
status of all shark species; (5) effects of
the adjustment on accomplishing the
objectives of the fishery management
plan; (6) variations in seasonal
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distribution, abundance, or migration
patterns of the appropriate shark species
and/or management group; (7) effects of
catch rates in one area precluding
vessels in another area from having a
reasonable opportunity to harvest a
portion of the quota; and/or (8) review
of dealer reports, daily landing trends,
and the availability of the respective
shark species and/or management group
on the fishing grounds.
NMFS has determined that, for the
Gulf of Mexico aggregated LCS subregional landings, the eastern Gulf of
Mexico aggregated LCS sub-regional
landings are not projected to reach their
quota by the end of the year and that the
western Gulf of Mexico aggregated LCS
sub-regional quota has exceeded 80
percent (approximately 100 percent) of
their quota and may have already
exceeded the quota. Therefore, NMFS
has considered the inseason quota
transfer criteria, documented in the
Quota Transfer section below, and
determined that a transfer from the subregional eastern Gulf of Mexico
aggregated LCS quota to the western
Gulf of Mexico aggregated LCS quota is
warranted to avoid potential closure of
the western Gulf of Mexico aggregated
LCS quota and the western Gulf of
Mexico hammerhead shark quota,
which are linked under
§ 635.28(b)(4)(iii), while fishing
opportunities still exist.
Quota Transfer
After fully considering all the criteria
listed above, NMFS is taking action to
transfer aggregated LCS quota from the
eastern Gulf of Mexico sub-regional
quota to the western Gulf of Mexico subregional quota. NMFS’ consideration of
the relevant criteria found at
§ 635.27(b)(2)(iii) includes, but is not
limited to, the following:
Regarding the usefulness of
information obtained from catches in
the particular category for biological
sampling and monitoring of the status of
the stock (§ 635.27(b)(2)(iii)(A)),
biological samples collected by NMFS
scientific observers on commercial
vessels targeting aggregated LCS and
hammerhead sharks continue to provide
NMFS with valuable data for ongoing
scientific studies of shark age and
growth, migration, and reproductive
status. This is especially important for
the upcoming bull, spinner, and tiger
shark assessments that are expected to
begin in 2024.
Regarding the catches of the quotas to
date and the likelihood of a fishery
closure if no adjustment is made,
commercial shark dealer data show that
landings of the western Gulf of Mexico
aggregated LCS have exceeded 80
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17743
percent of the quota (approximately 100
percent). Once the landings exceed the
threshold of 80 percent of the quotas
and are also projected to reach 100
percent before the end of the 2023
fishing year, the western Gulf of Mexico
aggregated LCS and hammerhead shark
management groups would need to
close absent a transfer of additional
quota.
NMFS also analyzed landings data,
catch trends, and potential migration of
the species involved
(§ 635.27(b)(2)(iii)(C)–(D) and (F)–(H))
and determined that under current
fishing rates, 40 mt dw (88,184 lb dw)
of eastern Gulf of Mexico sub-regional
aggregated LCS is a reasonable amount
of quota to transfer, allowing fishermen
the opportunity to fully utilize the
available shark quotas while avoiding
negative economic impacts that would
occur by closing the shark management
groups. This action will not have
impacts beyond those already analyzed
in the 2006 Consolidated HMS FMP and
its amendments and thus is not
expected to negatively impact the stock.
Regarding the effects of the
adjustment on accomplishing the
objectives of the 2006 Consolidated
HMS FMP (§ 635.27(b)(2)(iii)(E)), this
action is consistent with the quotas
previously implemented and analyzed
in the 2023 shark quota final rule (87 FR
68104, November 14, 2022) and in
Amendment 5a (78 FR 40317, July 3,
2013) and Amendment 6 to the 2006
Consolidated HMS FMP (80 FR 50073,
August 18, 2015). Specifically, this
action is consistent with the objective of
providing opportunities to fully harvest
shark quotas without exceeding them.
Based on the considerations above,
NMFS is transferring 40 mt dw (88,184
lb dw) of eastern Gulf of Mexico
aggregated LCS sub-regional quota to the
western Gulf of Mexico aggregated LCS
sub-regional quota as of March 21, 2023.
This quota transfer results in adjusted
quotas of 45.5 mt dw (100,409 lb dw) for
aggregated LCS in the eastern Gulf of
Mexico sub-region and 112 mt dw
(246,908 lb dw) for aggregated LCS
management group in the western Gulf
of Mexico sub-region. If landings and
fishing rates do not increase
substantially, transferring Gulf of
Mexico aggregated LCS sub-regional
quotas could allow the fisheries in each
sub-region and region to remain open
through the end of the 2023 fishing year.
Therefore, NMFS adjusts the eastern
and western Gulf of Mexico aggregated
LCS management group sub-regional
quotas for the remainder of the 2023
shark fishing year, unless NMFS
announces another quota transfer in the
Federal Register or closes the fishery.
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NMFS may also announce future
retention limit adjustments as needed
throughout the remainder of the 2023
shark fishing year.
The boundary between the Gulf of
Mexico region and the Atlantic region is
defined at § 635.27(b)(1) as a line
beginning on the East Coast of Florida
at the mainland at 25°20.4′ N lat.,
proceeding due east. Any water and
land to the south and west of that
boundary is considered, for the
purposes of monitoring and setting
quotas, to be within the Gulf of Mexico
region. The boundary between the
western and eastern Gulf of Mexico subregions is drawn along 88°00′ W long.
(§ 635.27(b)(1)(ii)).
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act and regulations at 50 CFR part 635
and is exempt from review under
Executive Order 12866.
The Assistant Administrator for
NMFS (AA) finds that pursuant to 5
U.S.C. 553(b)(B), it is impracticable and
contrary to the public interest to provide
prior notice of, and an opportunity for
public comment on, this action for the
following reasons. Specifically, the
regulations implementing the 2006
Consolidated HMS FMP and
amendments provide for inseason
adjustments to respond to the
unpredictable nature of shark species
availability on the fishing grounds, the
migratory nature of these species, and
the regional variations in the shark
fisheries. Providing prior notice and an
opportunity for public comment on this
quota transfer is impracticable. NMFS
could not have proposed this action
earlier, as it needed to consider and
respond to updated landings data,
including the recently available March
2023 data, in deciding whether to
transfer a portion of the eastern Gulf of
Mexico sub-regional aggregated LCS
quota to the western Gulf of Mexico subregional aggregated LCS quota. Delaying
this action is contrary to the public
interest, not only because it would
likely result in a western Gulf of Mexico
sub-regional aggregated LCS closure and
associates costs to the fishery, but also
administrative costs due to further
agency action needed to re-open the
fishery after quota is transferred. The
delay would preclude the fishery from
harvesting LCS in the western Gulf of
Mexico sub-region that are available on
the fishing grounds that might otherwise
become unavailable during a delay. This
action does not raise conservation or
management concerns. Transferring
quota from the eastern Gulf of Mexico
sub-region to the western Gulf of
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Mexico sub-region would have a
minimal risk of exceeding the
aggregated LCS quotas in the Gulf of
Mexico region. NMFS notes that the
public had an opportunity to comment
on the underlying rulemakings that
established the commercial shark quotas
and the inseason adjustment criteria.
For all of the above reasons, the AA
finds that pursuant to 5 U.S.C. 553(d),
there is also good cause to waive the 30day delay in effective date.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: March 21, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–06137 Filed 3–21–23; 4:15 pm]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 230306–0065; RTID 0648–
XC669]
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by Pot
Catcher/Processors in the Bering Sea
and Aleutian Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for Pacific cod by catcher/
processors using pot gear in the Bering
Sea and Aleutian Islands management
area (BSAI). This action is necessary to
prevent exceeding the A season
apportionment of the 2023 Pacific cod
total allowable catch (TAC) allocated to
catcher/processors using pot gear in the
BSAI.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), March 22, 2023,
through 1200 hours, A.l.t., September 1,
2023.
FOR FURTHER INFORMATION CONTACT:
Krista Milani, 907–581–2062.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
SUMMARY:
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Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The A season apportionment of the
2023 Pacific cod TAC allocated to
catcher/processors using pot gear in the
BSAI is 922 metric tons (mt) as
established by the final 2023 and 2024
harvest specifications for groundfish in
the BSAI (88 FR 14926, March 10,
2023).
In accordance with § 679.20(d)(1)(iii),
the Administrator, Alaska Region,
NMFS (Regional Administrator), has
determined that the A season
apportionment of the 2023 Pacific cod
TAC allocated as a directed fishing
allowance to catcher/processors using
pot gear in the BSAI will soon be
reached. Consequently, NMFS is
prohibiting directed fishing for Pacific
cod by pot catcher/processors in the
BSAI.
While this closure is effective the
maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
part 679, which was issued pursuant to
section 304(b), and is exempt from
review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
this action, as notice and comment
would be impracticable and contrary to
the public interest, as it would prevent
NMFS from responding to the most
recent fisheries data in a timely fashion
and would delay the closure of Pacific
cod by catcher/processors using pot gear
in the BSAI. NMFS was unable to
publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of March 20, 2023.
The Assistant Administrator for
Fisheries, NOAA also finds good cause
to waive the 30-day delay in the
effective date of this action under 5
U.S.C. 553(d)(3). This finding is based
upon the reasons provided above for
waiver of prior notice and opportunity
for public comment.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 20, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–06156 Filed 3–21–23; 4:15 pm]
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[Federal Register Volume 88, Number 57 (Friday, March 24, 2023)]
[Rules and Regulations]
[Pages 17742-17744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06137]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 221107-0236; RTID 0648-XC864]
Atlantic Highly Migratory Species; Commercial Shark Quota
Transfer
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason quota transfer.
-----------------------------------------------------------------------
SUMMARY: NMFS is transferring 40 metric tons (mt) dressed weight (dw)
(88,184 pounds (lb) dw) of aggregated large coastal shark (LCS) quota
from the eastern Gulf of Mexico sub-region to the western Gulf of
Mexico sub-region for the remainder of the 2023 fishing year. This
action is based on consideration of the regulatory determination
criteria regarding inseason quota transfers and affects commercial
Atlantic shark permitted vessels and dealers.
DATES: Effective March 21, 2023, through December 31, 2023.
FOR FURTHER INFORMATION CONTACT: Ann Williamson
([email protected]), Guy DuBeck ([email protected]), or Karyl
Brewster-Geisz ([email protected]) at 301-427-8503.
SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed
under the 2006 Consolidated Atlantic Highly Migratory Species (HMS)
Fishery Management Plan (FMP), its amendments, and implementing
regulations (50 CFR part 635) issued under authority of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.). Section 635.27(b) describes the baseline quotas for different
shark management groups and regions, describes the process for annual
adjustments to those baseline quotas, and includes the criteria to
consider for inseason quota transfers between regions and sub-regions.
Section 635.28(b) describes quotas that are linked for management
purposes.
On November 14, 2022 (87 FR 68104), NMFS announced the 2023
commercial western Gulf of Mexico aggregated LCS (72.0 mt dw; 158,724
lb dw) and eastern Gulf of Mexico aggregated LCS (85.5 mt dw; 188,593
lb dw) sub-regional quotas. Based on dealer reports received as of
March 16, 2023, NMFS estimates that in the western Gulf of Mexico sub-
region, approximately 72.0 mt dw
[[Page 17743]]
(approximately 158,700 lb dw) or approximately 100 percent of the
aggregated LCS sub-regional quota has been landed. In the eastern Gulf
of Mexico sub-region, there has been no reported landings of aggregated
LCS.
Regulations provide that quotas for certain shark species and/or
management groups are linked, including western Gulf of Mexico
hammerhead sharks and western Gulf of Mexico aggregated LCS (see Sec.
635.28(b)(4)). Regulations further provide that for each pair of linked
species and/or management groups, if landings reach, or are projected
to reach, a threshold of 80 percent of the available quota and are also
projected to reach 100 percent of the available quota before the end of
the 2023 fishing year, NMFS will close the relevant shark management
groups (see Sec. 635.28(b)(3)). At this time, without further action,
NMFS projects that the western Gulf of Mexico aggregated LCS management
group quota has already been exceeded. Without a quota transfer, NMFS
would need to close the western Gulf of Mexico aggregated LCS group and
the linked western Gulf of Mexico hammerhead group.
Under Sec. 635.27(b)(2), NMFS may transfer quota inseason between
regions or sub-regions. Such transfers may occur for species or
management groups that are the same in both regions or sub-regions and
the quota is split for management purposes and not as a result of a
stock assessment. As described at Sec. 635.27(b)(1)(ii), the sub-
regional splits for the quotas in the Gulf of Mexico region were done
for management purposes. Therefore, NMFS may transfer aggregated LCS
quota between Gulf of Mexico sub-regions. Before making any such
transfer, NMFS must consider the following determination criteria in
Sec. 635.27(b)(2)(iii), and other relevant factors: (1) The usefulness
of information obtained from catches in the particular management group
for biological sampling and monitoring of the status of the respective
shark species and/or management group; (2) the catches of the
particular species and/or management group quota to date and the
likelihood of closure of that segment of the fishery if no adjustment
is made; (3) the projected ability of the vessels fishing under the
particular species and/or management group quota to harvest the
additional amount of corresponding quota before the end of the fishing
year; (4) effects of the adjustment on the status of all shark species;
(5) effects of the adjustment on accomplishing the objectives of the
fishery management plan; (6) variations in seasonal distribution,
abundance, or migration patterns of the appropriate shark species and/
or management group; (7) effects of catch rates in one area precluding
vessels in another area from having a reasonable opportunity to harvest
a portion of the quota; and/or (8) review of dealer reports, daily
landing trends, and the availability of the respective shark species
and/or management group on the fishing grounds.
NMFS has determined that, for the Gulf of Mexico aggregated LCS
sub-regional landings, the eastern Gulf of Mexico aggregated LCS sub-
regional landings are not projected to reach their quota by the end of
the year and that the western Gulf of Mexico aggregated LCS sub-
regional quota has exceeded 80 percent (approximately 100 percent) of
their quota and may have already exceeded the quota. Therefore, NMFS
has considered the inseason quota transfer criteria, documented in the
Quota Transfer section below, and determined that a transfer from the
sub-regional eastern Gulf of Mexico aggregated LCS quota to the western
Gulf of Mexico aggregated LCS quota is warranted to avoid potential
closure of the western Gulf of Mexico aggregated LCS quota and the
western Gulf of Mexico hammerhead shark quota, which are linked under
Sec. 635.28(b)(4)(iii), while fishing opportunities still exist.
Quota Transfer
After fully considering all the criteria listed above, NMFS is
taking action to transfer aggregated LCS quota from the eastern Gulf of
Mexico sub-regional quota to the western Gulf of Mexico sub-regional
quota. NMFS' consideration of the relevant criteria found at Sec.
635.27(b)(2)(iii) includes, but is not limited to, the following:
Regarding the usefulness of information obtained from catches in
the particular category for biological sampling and monitoring of the
status of the stock (Sec. 635.27(b)(2)(iii)(A)), biological samples
collected by NMFS scientific observers on commercial vessels targeting
aggregated LCS and hammerhead sharks continue to provide NMFS with
valuable data for ongoing scientific studies of shark age and growth,
migration, and reproductive status. This is especially important for
the upcoming bull, spinner, and tiger shark assessments that are
expected to begin in 2024.
Regarding the catches of the quotas to date and the likelihood of a
fishery closure if no adjustment is made, commercial shark dealer data
show that landings of the western Gulf of Mexico aggregated LCS have
exceeded 80 percent of the quota (approximately 100 percent). Once the
landings exceed the threshold of 80 percent of the quotas and are also
projected to reach 100 percent before the end of the 2023 fishing year,
the western Gulf of Mexico aggregated LCS and hammerhead shark
management groups would need to close absent a transfer of additional
quota.
NMFS also analyzed landings data, catch trends, and potential
migration of the species involved (Sec. 635.27(b)(2)(iii)(C)-(D) and
(F)-(H)) and determined that under current fishing rates, 40 mt dw
(88,184 lb dw) of eastern Gulf of Mexico sub-regional aggregated LCS is
a reasonable amount of quota to transfer, allowing fishermen the
opportunity to fully utilize the available shark quotas while avoiding
negative economic impacts that would occur by closing the shark
management groups. This action will not have impacts beyond those
already analyzed in the 2006 Consolidated HMS FMP and its amendments
and thus is not expected to negatively impact the stock.
Regarding the effects of the adjustment on accomplishing the
objectives of the 2006 Consolidated HMS FMP (Sec.
635.27(b)(2)(iii)(E)), this action is consistent with the quotas
previously implemented and analyzed in the 2023 shark quota final rule
(87 FR 68104, November 14, 2022) and in Amendment 5a (78 FR 40317, July
3, 2013) and Amendment 6 to the 2006 Consolidated HMS FMP (80 FR 50073,
August 18, 2015). Specifically, this action is consistent with the
objective of providing opportunities to fully harvest shark quotas
without exceeding them.
Based on the considerations above, NMFS is transferring 40 mt dw
(88,184 lb dw) of eastern Gulf of Mexico aggregated LCS sub-regional
quota to the western Gulf of Mexico aggregated LCS sub-regional quota
as of March 21, 2023. This quota transfer results in adjusted quotas of
45.5 mt dw (100,409 lb dw) for aggregated LCS in the eastern Gulf of
Mexico sub-region and 112 mt dw (246,908 lb dw) for aggregated LCS
management group in the western Gulf of Mexico sub-region. If landings
and fishing rates do not increase substantially, transferring Gulf of
Mexico aggregated LCS sub-regional quotas could allow the fisheries in
each sub-region and region to remain open through the end of the 2023
fishing year.
Therefore, NMFS adjusts the eastern and western Gulf of Mexico
aggregated LCS management group sub-regional quotas for the remainder
of the 2023 shark fishing year, unless NMFS announces another quota
transfer in the Federal Register or closes the fishery.
[[Page 17744]]
NMFS may also announce future retention limit adjustments as needed
throughout the remainder of the 2023 shark fishing year.
The boundary between the Gulf of Mexico region and the Atlantic
region is defined at Sec. 635.27(b)(1) as a line beginning on the East
Coast of Florida at the mainland at 25[deg]20.4' N lat., proceeding due
east. Any water and land to the south and west of that boundary is
considered, for the purposes of monitoring and setting quotas, to be
within the Gulf of Mexico region. The boundary between the western and
eastern Gulf of Mexico sub-regions is drawn along 88[deg]00' W long.
(Sec. 635.27(b)(1)(ii)).
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act and regulations at 50 CFR part 635 and is exempt from
review under Executive Order 12866.
The Assistant Administrator for NMFS (AA) finds that pursuant to 5
U.S.C. 553(b)(B), it is impracticable and contrary to the public
interest to provide prior notice of, and an opportunity for public
comment on, this action for the following reasons. Specifically, the
regulations implementing the 2006 Consolidated HMS FMP and amendments
provide for inseason adjustments to respond to the unpredictable nature
of shark species availability on the fishing grounds, the migratory
nature of these species, and the regional variations in the shark
fisheries. Providing prior notice and an opportunity for public comment
on this quota transfer is impracticable. NMFS could not have proposed
this action earlier, as it needed to consider and respond to updated
landings data, including the recently available March 2023 data, in
deciding whether to transfer a portion of the eastern Gulf of Mexico
sub-regional aggregated LCS quota to the western Gulf of Mexico sub-
regional aggregated LCS quota. Delaying this action is contrary to the
public interest, not only because it would likely result in a western
Gulf of Mexico sub-regional aggregated LCS closure and associates costs
to the fishery, but also administrative costs due to further agency
action needed to re-open the fishery after quota is transferred. The
delay would preclude the fishery from harvesting LCS in the western
Gulf of Mexico sub-region that are available on the fishing grounds
that might otherwise become unavailable during a delay. This action
does not raise conservation or management concerns. Transferring quota
from the eastern Gulf of Mexico sub-region to the western Gulf of
Mexico sub-region would have a minimal risk of exceeding the aggregated
LCS quotas in the Gulf of Mexico region. NMFS notes that the public had
an opportunity to comment on the underlying rulemakings that
established the commercial shark quotas and the inseason adjustment
criteria.
For all of the above reasons, the AA finds that pursuant to 5
U.S.C. 553(d), there is also good cause to waive the 30-day delay in
effective date.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: March 21, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-06137 Filed 3-21-23; 4:15 pm]
BILLING CODE 3510-22-P
