Atlantic Highly Migratory Species; 2024 Atlantic Shark Commercial Fishing Year, 77039-77043 [2023-24307]
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Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Rules and Regulations
their State or Tribal plan that are
consistent with this rule, provided that
the State or Tribe has a wolf
management plan approved by the
Service.
(i) The State or Tribal request for wolf
management under an MOA must
demonstrate:
(A) That authority and management
capability reside in the State or Tribe to
conserve the gray wolf throughout the
geographical range of the experimental
population within the State of Colorado
or within the Tribal reservation;
(B) That the State or Tribe has an
acceptable conservation program for the
gray wolf, throughout the NEP area
within the State or Tribal reservation,
including the requisite authority and
capacity to carry out that conservation
program;
(C) Exactly what parts of the State or
Tribal plan the State or Tribe intends to
implement within the framework of this
rule; and
(D) That the State or Tribal
management progress will be reported
to the Service on at least an annual basis
so the Service can determine if State or
Tribal management was conducted in
full compliance with this rule.
(ii) The Service will approve such a
request upon a finding that the
applicable criteria are met and that
approval is not likely to jeopardize the
continued existence of the gray wolf.
(iii) If the Service approves the
request, the Service will enter into an
MOA with the State or Tribe.
(iv) An MOA for State or Tribal
management as provided in this rule
may allow the State of Colorado or any
Tribe within the State to become
designated agents and lead management
of the nonessential experimental gray
wolf population within the borders of
their jurisdictions in accordance with
the State’s or Tribe’s wolf management
plan, except that:
(A) The MOA may not provide for any
form of management inconsistent with
the protection provided to the species
under this rule, without further
opportunity for appropriate public
comment and review and amendment of
this rule.
(B) The MOA cannot vest the State of
Colorado or any Tribe within the State
with any authority over matters
concerning section 4 of the Act
(determining whether a species warrants
listing).
(C) In the absence of a Tribal wolf
management plan or cooperative
agreement, the MOA cannot vest the
State of Colorado with the authority to
issue written authorizations for wolf
take on reservations. The Service will
retain the authority to issue these
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written authorizations until a Tribal
wolf management plan is developed.
(D) The MOA for State or Tribal wolf
management must provide for joint law
enforcement responsibilities to ensure
that the Service also has the authority to
enforce the State or Tribal management
program prohibitions on take.
(E) The MOA may not authorize wolf
take beyond that stated in the rule but
may be more restrictive.
(v) The authority for the MOA will be
the Act, the Fish and Wildlife Act of
1956 (16 U.S.C. 742a–742j), and the Fish
and Wildlife Coordination Act (16
U.S.C. 661–667e), and any applicable
treaty.
(vi) In order for the MOA to remain
in effect, the Service must find, on an
annual basis, that the management
under the MOA is not jeopardizing the
continued existence of the gray wolf in
the NEP. The Service or State or Tribe
may terminate the MOA upon 90 days’
notice if:
(A) Management under the MOA is
likely to jeopardize the continued
existence of the gray wolf in the NEP;
(B) The State or Tribe has failed
materially to comply with this rule, the
MOA, or any relevant provision of the
State or Tribal wolf management plan;
(C) The Service determines that
biological circumstances within the
range of the gray wolf indicate that
delisting the species is warranted; or
(D) The States or Tribes determine
that they no longer want the wolf
management authority vested in them
by the Service in the MOA.
*
*
*
*
*
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 2023–24514 Filed 11–7–23; 8:45 am]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 231030–0254]
RIN 0648–BM33
Atlantic Highly Migratory Species;
2024 Atlantic Shark Commercial
Fishing Year
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
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This final rule adjusts the
quotas and retention limits and
establishes the opening date for the
2024 fishing year for the Atlantic shark
commercial fisheries. NMFS also
changes the management measures for
the 2024 and future fishing years to
automatically open the commercial
fishing year on January 1 of each year
under the base quotas and default
retention limits, and increases the
default commercial retention limit for
the large coastal shark (LCS) fisheries.
Quotas are adjusted as required or
allowable based on any underharvests
from the previous fishing years. The
final measures could affect fishing
opportunities for commercial shark
fishermen in the northwestern Atlantic
Ocean, Gulf of Mexico, and Caribbean
Sea.
SUMMARY:
This final rule is effective on
January 1, 2024. The 2024 Atlantic
shark commercial fishing year opens on
January 1, 2024 for all species and
regions.
DATES:
Electronic copies of this
final rule and supporting documents
(including the annual Atlantic Highly
Migratory Species (HMS) Stock
Assessment and Fishery Evaluation
Report) are available from the Atlantic
HMS Management Division website at
https://www.fisheries.noaa.gov/topic/
atlantic-highly-migratory-species or by
contacting Ann Williamson at
ann.williamson@noaa.gov or 301–427–
8503.
ADDRESSES:
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:
FOR FURTHER INFORMATION CONTACT:
Background
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77039
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Atlantic shark fisheries are managed
under the authority of the MagnusonStevens 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. The shark commercial
retention limits, quotas, and closure
requirements can be found in
§§ 635.24(a), 635.27(b), and 635.28(b),
respectively.
For the Atlantic shark commercial
fisheries, the 2006 Consolidated HMS
FMP and its amendments established
default commercial shark retention
limits, commercial quotas for species
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Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Rules and Regulations
and management groups, and
adjustment procedures for
underharvests and overharvests.
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.
Background information about the
need to adjust the quotas and retention
limits and establish the opening date for
the 2024 and future fishing years for the
Atlantic commercial shark fisheries was
provided in the proposed rule (88 FR
50822, August 2, 2023) and is not
repeated here. The comment period for
the proposed rule closed on September
1, 2023. NMFS received two written
comments. Summaries of the comments
received, and our responses to those
comments, are in the Response to
Comments section. Similar comments
are combined, where appropriate. After
reviewing and considering all the public
comments received on the proposed
rule, NMFS is finalizing the rule as
proposed.
Final Opening Date and Retention Limit
Measures
After considering the ‘‘Opening
Commercial Fishing Season Criteria’’
listed at § 635.27(b)(3), and ‘‘Inseason
Trip Limit Adjustment Criteria’’ listed at
§ 635.24(a)(8), NMFS is opening the
2024 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, 2024.
NMFS is also starting the 2024
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 as
well as in the Atlantic region (Table 1).
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)).
Additionally, NMFS revises the
regulations for both the start date for all
Atlantic shark fisheries and the default
retention limit for Shark Directed permit
holders in the LCS fisheries.
Specifically regarding the start date,
NMFS revises the regulations at
§ 635.27(b) to have the fishery
automatically open on January 1 each
year under base quotas and default
retention limits. NMFS maintains the
flexibility to prevent a regional or subregional shark management group from
automatically opening on January 1 if
the respective quota is overharvested or
there are indications that opening on
January 1 would result in the quota
being overharvested. A change in
opening date for a regional or subregional shark management group could
occur during the respective fishing year
or prior to January 1 for the following
fishing year. Before changing the
opening date from January 1, NMFS
would consider the seven ‘‘Opening
Commercial Fishing Season Criteria’’
listed at § 635.27(b)(3). Each year,
during the fishing year, NMFS would
follow the quota adjustment process
specified in § 635.27(b)(2) and publish
in the Federal Register an adjustment
for any quota over- or underharvests
based on landings reported from the
previous fishing year.
Regarding the default retention limit,
NMFS revises the regulations at
§ 635.24(a) to change the default
commercial retention limit to 55 LCS
other than sandbar sharks per vessel per
trip for Shark Directed limited access
permit holders. NMFS does not change
the existing regulations that allow for
changes to the retention limit during the
fishing year. Specifically, NMFS could
continue to 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, and
after considering the seven ‘‘Inseason
Trip Limit Adjustment’’ criteria at
§ 635.24(a)(8).
Consistent with existing regulations,
all of the regional or sub-regional
commercial fisheries for shark
management groups would remain open
until December 31 each year, 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. 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 criteria and other relevant factors.
NMFS manages each Atlantic shark
management group by using a specific
commercial annual catch limit, with
some linkages among shark management
groups whose species are often caught
together. The linked and non-linked
quotas are shown in Table 1.
If NMFS determines that shark
species and/or management group must
be closed, then NMFS will publish in
the Federal Register a notice of closure
for that shark species, 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. In that event, from the effective
date and time of the closure until the
start of the following fishing year or
until NMFS announces that the season
is reopened and additional quota is
available (via publication of another
notice in the Federal Register), the
fisheries for the shark species and/or
management groups will be closed.
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TABLE 1—QUOTA LINKAGES AND COMMERCIAL RETENTION LIMIT BY REGIONAL OR SUB-REGIONAL SHARK MANAGEMENT
GROUP
Commercial retention limits for directed
shark limited access permit holders 2
Region or sub-region
Management group
Quota linkages 1
Western Gulf of Mexico ............................
Blacktip Sharks .........................................
Not Linked ...................................
Linked.
Eastern Gulf of Mexico .............................
Aggregated LCS .......................................
Hammerhead Sharks.
Blacktip Sharks .........................................
Not Linked ...................................
Aggregated LCS .......................................
Linked.
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55 LCS other than sandbar sharks per
vessel per trip.
55 LCS other than sandbar sharks per
vessel per trip.
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Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Rules and Regulations
77041
TABLE 1—QUOTA LINKAGES AND COMMERCIAL RETENTION LIMIT BY REGIONAL OR SUB-REGIONAL SHARK MANAGEMENT
GROUP—Continued
Gulf of Mexico ..........................................
Atlantic ......................................................
No Regional Quotas .................................
Commercial retention limits for directed
shark limited access permit holders 2
Management group
Quota linkages 1
Hammerhead Sharks.
Non-Blacknose SCS .................................
Smoothhound Sharks ...............................
Aggregated LCS .......................................
Not Linked ...................................
Not Linked ...................................
Linked ..........................................
N/A.
N/A.
55 LCS other than sandbar sharks per
vessel per trip.
Linked (South of 34° N lat. Only)
......................................................
N/A.
8 blacknose sharks per vessel per trip 3.
Not Linked ...................................
Linked 4 ........................................
N/A.
N/A.
Not Linked ...................................
N/A.
Region or sub-region
Hammerhead Sharks.
Non-Blacknose SCS .................................
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.
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.
Final 2024 Commercial Shark Quotas
In this final rule, NMFS adjusts the
quota levels for the various shark stocks
and management groups for the 2024
Atlantic shark commercial fishing year
(i.e., January 1 through December 31,
2024) based on underharvests that
occurred during the 2023 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 maximum of 5 fishing
years. 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 2023 harvests through
September 18, 2023, and after
considering catch rates and landings
from previous years, NMFS adjusts the
2024 quotas for certain management
groups as shown in Table 2. NMFS
anticipates that dealer reports received
after September 18, 2023 will be used to
adjust 2025 quotas, as appropriate,
noting that, in some circumstances,
NMFS re-adjusts quotas during the
subject year. A description of the
calculations for each stock and
management group is provided in the
proposed rule and is not repeated here.
TABLE 2—2024 QUOTAS FOR THE ATLANTIC SHARK MANAGEMENT GROUPS
Region or sub-region
Western Gulf of Mexico.
Eastern Gulf of Mexico
Gulf of Mexico ............
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Atlantic ........................
No Regional Quotas ...
Management group
2023 Annual quota
Preliminary 2023
landings 1
Adjustments 2
2024 Base annual
quota
(A)
(B)
(C)
(D)
(D+C)
Blacktip Sharks ........
347.2 mt (765,392
lb).
72.0 mt (158,724 lb)
235.5 mt (519,232
lb).
77.8 mt (171,540 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)
<3.0 mt (<6,612 lb) ..
3.8 mt (8,345 lb) ......
5.6 mt (12,260 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).
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 (3,921 lb) ....
<1.0 mt (<2,204 lb) ..
32.7 mt (71,987 lb) ..
..................................
..................................
<1.0 mt (<2,204 lb) ..
78.5 mt (172,983 lb)
168.2 mt (370,814
lb).
..................................
19.9 mt (43,800 lb) ..
52.5 mt (115,820 lb)
..................................
..................................
4.7 mt (10,363 lb) ....
..................................
13.4 mt (29,421 lb) ..
112.6 mt (428,215
lb).
336.4 mt (741,627
lb).
168.9 mt (372,552
lb).
27.1 mt (59,736 lb) ..
264.1 mt (582,333
lb).
17.2 mt (3,921 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).
17.2 mt (3,921 lb).
1,802.6 mt
(3,973,902 lb).
50.0 mt (110,230 lb)
290.6 mt (640,557
lb).
<2.0 mt (<4,408 lb) ..
600.9 mt (1,324,634
lb).
..................................
1,201.7 mt
(2,649,268 lb).
50.0 mt (110,230 lb)
1,802.6 mt
(3,973,902 lb).
50.0 mt (110,230 lb).
90.7 mt (199,943 lb)
<22.0 mt (<48,500
lb).
<2.0 mt (<4,408 lb) ..
..................................
90.7 mt (199,943 lb)
90.7 mt (199,943 lb).
..................................
<1.0 mt (<2,204 lb) ..
..................................
273.0 mt (601,856
lb).
1.7 mt (3,748 lb) ......
273.0 mt (601,856
lb).
1.7 mt (3,748 lb).
Aggregate Large
Coastal Sharks 3.
Hammerhead Sharks
Blacktip Sharks ........
Aggregate Large
Coastal Sharks 3.
Hammerhead Sharks
Non-Blacknose Small
Coastal Sharks.
Smoothhound
Sharks.
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 ....
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273.0 mt (601,856
lb).
1.7 mt (3,748 lb) ......
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2024 Final annual
quota
77042
Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Rules and Regulations
TABLE 2—2024 QUOTAS FOR THE ATLANTIC SHARK MANAGEMENT GROUPS—Continued
Region or sub-region
Management group
2023 Annual quota
Preliminary 2023
landings 1
Adjustments 2
2024 Base annual
quota
(A)
(B)
(C)
(D)
(D+C)
Pelagic Sharks Other
Than Porbeagle or
Blue.
488.0 mt (1,075,856
lb).
15.5 mt (34,131 lb) ..
..................................
488.0 mt (1,075,856
lb).
2024 Final annual
quota
488.0 mt (1,075,856
lb).
1 Landings
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are from January 1, 2023 through September 18, 2023 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 40.0 mt dw of the aggregate LCS quota from the Gulf of Mexico eastern sub-region to the western sub-region as of March 21, 2023 (88 FR
17742, March 24, 2023).
Response to Comments
Written comments can be found at
https://www.regulations.gov/ by
searching ‘‘NOAA–NMFS–2023–0018.’’
Below, NMFS summarizes and responds
to the two written comments received
on the proposed rule during the
comment period. Similar comments are
combined, where appropriate.
Comment: NMFS received two
comments that requested a prohibition
on all shark fishing, expressing concern
over the stock status of Atlantic shark
species. Specifically, one of the
comments stated that commercial
harvest of sharks is not sustainable, and
commercial shark fishing should be
prohibited until shark populations have
recovered.
Response: NMFS disagrees with the
statement that commercial harvest of
sharks is not sustainable. Under the
Magnuson-Stevens Act, NMFS is
required to foster the long-term
biological and economic sustainability
of fisheries, including the shark fishery.
The majority of sharks harvested in the
United States are from stocks with
above-target population levels. For
shark stocks that are overfished, NMFS
has established rebuilding plans based
on the best scientific information
available. Most of these rebuilding plans
include some level of commercial
harvest. For those shark stocks that are
experiencing overfishing, NMFS has
implemented management measures,
which may include strict catch limits, to
end overfishing. The primary objective
of this final rule is to adjust the base
quotas and retention limits as necessary
and consistent with existing regulations
at §§ 635.24(a) and 635.27(b), and to
change the default opening date for all
Atlantic shark fisheries and the default
retention limit measures for LCS
fisheries for future fishing years.
Prohibiting all shark fishing is contrary
to that objective and to the requirements
of the Magnuson-Stevens Act.
Classification
The NMFS Assistant Administrator
has determined that this final rule is
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consistent with the 2006 Consolidated
HMS FMP and its amendments, the
Magnuson-Stevens Act, and other
applicable law.
This final rule has been determined to
be not significant for purposes of
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 during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a final
regulatory flexibility analysis was not
required and none was prepared.
This final 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: October 31, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS amends 50 CFR part
635 as follows:
PART 635—ATLANTIC HIGHLY
MIGRATORY SPECIES
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.
2. In § 635.24, revise paragraph (a)(2)
to read as follows:
■
§ 635.24 Commercial retention limits for
sharks, swordfish, and BAYS tunas.
*
*
*
(a) * * *
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(2) The commercial retention limit for
LCS other than sandbar sharks for a
person who owns or operates a vessel
that has been issued a directed LAP for
sharks and does not have a valid shark
research permit, or a person who owns
or operates a vessel that has been issued
a directed LAP for sharks and that has
been issued a shark research permit but
does not have a NMFS-approved
observer on board, may range between
0 and 55 LCS other than sandbar sharks
per vessel per trip if the respective LCS
management group(s) is open per
§§ 635.27 and 635.28. Such persons may
not retain, possess, or land sandbar
sharks. At the start of each fishing year,
the default commercial retention limit is
55 LCS other than sandbar sharks per
vessel per trip unless NMFS determines
otherwise and files with the Office of
the Federal Register for publication
notification of an inseason adjustment.
During the fishing year, NMFS may
adjust the retention limit per the
inseason trip limit adjustment criteria
listed in paragraph (a)(8) of this section.
*
*
*
*
*
3. In § 635.27, revise paragraphs (b)(2)
introductory text and (b)(3) introductory
text to read as follows:
■
§ 635.27
Quotas.
*
*
*
*
*
(b) * * *
(2) Annual and inseason adjustments
of commercial quotas. NMFS will
publish in the Federal Register any
annual or inseason adjustments to the
base annual commercial overall,
regional, or sub-regional quotas. Unless
the opening date of a commercial shark
fishery is adjusted under paragraph
(b)(3) of this section, on January 1 of
each year, base quotas, as established in
paragraph (b)(1) of this section, will be
available, and any adjustments will be
published in the Federal Register.
Within a fishing year or at the start of
a fishing year, NMFS may transfer
quotas between regions and sub-regions
of the same species or management
group, as appropriate, based on the
E:\FR\FM\08NOR1.SGM
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Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Rules and Regulations
criteria in paragraph (b)(2)(iii) of this
section.
*
*
*
*
*
(3) Opening commercial fishing
season. Unless adjusted under this
paragraph (b)(3), the commercial shark
fisheries will open on January 1 of each
year under base quotas, as established in
paragraph (b)(1) of this section. If NMFS
determines a commercial shark fishery
or a part of a commercial shark fishery
should open on a date other than
January 1, NMFS will file with the
Office of the Federal Register for
publication notification of the opening
date(s) of the relevant overall, regional,
or sub-regional shark fishery(ies) for the
relevant species or management
group(s). Before making any decisions,
NMFS would consider the following
criteria and other relevant factors in
establishing the opening date(s):
*
*
*
*
*
■ 4. In § 635.28, revise paragraphs (b)(2)
and (3) to read as follows:
§ 635.28
Fishery closures.
*
*
*
*
(b) * * *
(2) Non-linked quotas. If the overall,
regional, and/or sub-regional quota of a
species or management group is not
linked to another species or
management group and that overall,
regional, and/or sub-regional quota is
available, then that overall, regional,
and/or sub-regional commercial fishery
lotter on DSK11XQN23PROD with RULES1
*
VerDate Sep<11>2014
15:53 Nov 07, 2023
Jkt 262001
for the shark species or management
group will open as specified in
§ 635.27(b). When NMFS calculates that
the overall, regional, and/or subregional landings for a shark species
and/or management group, as specified
in § 635.27(b)(1), has reached or is
projected to reach 80 percent of the
applicable available overall, regional,
and/or sub-regional quota as specified
in § 635.27(b)(1) and is projected to
reach 100 percent of the relevant quota
by the end of the fishing season, NMFS
will file for publication with the Office
of the Federal Register a closure action,
as applicable, for that shark species and/
or shark management group that will be
effective no fewer than 4 days from date
of filing. From the effective date and
time of the closure until the start of the
following fishing year or until NMFS
announces, via publication in the
Federal Register, that additional overall,
regional, and/or sub-regional quota is
available and the season is reopened,
the overall, regional, and/or subregional fisheries for that shark species
or management group are closed.
(3) Linked quotas. As specified in
paragraph (b)(4) of this section, the
overall, regional, and/or sub-regional
quotas of some shark species and/or
management groups are linked to the
overall, regional, and/or sub-regional
quotas of other shark species and/or
management groups. For each pair of
linked species and/or management
groups, if the overall, regional, and/or
PO 00000
Frm 00055
Fmt 4700
Sfmt 9990
77043
sub-regional quota specified in
§ 635.27(b)(1) is available for both of the
linked species and/or management
groups, then the overall, regional, and/
or sub-regional commercial fishery for
both of the linked species and/or
management groups will open as
specified in § 635.27(b)(1). When NMFS
calculates that the overall, regional,
and/or sub-regional landings for any
species and/or management group of a
linked group have reached or are
projected to reach 80 percent of the
applicable available overall, regional,
and/or sub-regional quota as specified
in § 635.27(b)(1) and are projected to
reach 100 percent of the relevant quota
before the end of the fishing season,
NMFS will file for publication with the
Office of the Federal Register a closure
action for all of the species and/or
management groups in that linked group
that will be effective no fewer than 4
days from date of filing. From the
effective date and time of the closure
until the start of the following fishing
year or until NMFS announces, via
publication in the Federal Register, that
additional overall, regional, and/or subregional quota is available and the
season is reopened, the overall, regional,
and/or sub-regional fishery for all
species and/or management groups in
that linked group is closed.
*
*
*
*
*
[FR Doc. 2023–24307 Filed 11–7–23; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\08NOR1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 215 (Wednesday, November 8, 2023)]
[Rules and Regulations]
[Pages 77039-77043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24307]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 231030-0254]
RIN 0648-BM33
Atlantic Highly Migratory Species; 2024 Atlantic Shark Commercial
Fishing Year
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule adjusts the quotas and retention limits and
establishes the opening date for the 2024 fishing year for the Atlantic
shark commercial fisheries. NMFS also changes the management measures
for the 2024 and future fishing years to automatically open the
commercial fishing year on January 1 of each year under the base quotas
and default retention limits, and increases the default commercial
retention limit for the large coastal shark (LCS) fisheries. Quotas are
adjusted as required or allowable based on any underharvests from the
previous fishing years. The final measures could affect fishing
opportunities for commercial shark fishermen in the northwestern
Atlantic Ocean, Gulf of Mexico, and Caribbean Sea.
DATES: This final rule is effective on January 1, 2024. The 2024
Atlantic shark commercial fishing year opens on January 1, 2024 for all
species and regions.
ADDRESSES: Electronic copies of this final rule and supporting
documents (including the annual Atlantic Highly Migratory Species (HMS)
Stock Assessment and Fishery Evaluation Report) are available from the
Atlantic HMS Management Division website at https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species or by
contacting Ann Williamson at [email protected] or 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 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. The shark commercial
retention limits, quotas, and closure requirements can be found in
Sec. Sec. 635.24(a), 635.27(b), and 635.28(b), respectively.
For the Atlantic shark commercial fisheries, the 2006 Consolidated
HMS FMP and its amendments established default commercial shark
retention limits, commercial quotas for species
[[Page 77040]]
and management groups, and adjustment procedures for underharvests and
overharvests. 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.
Background information about the need to adjust the quotas and
retention limits and establish the opening date for the 2024 and future
fishing years for the Atlantic commercial shark fisheries was provided
in the proposed rule (88 FR 50822, August 2, 2023) and is not repeated
here. The comment period for the proposed rule closed on September 1,
2023. NMFS received two written comments. Summaries of the comments
received, and our responses to those comments, are in the Response to
Comments section. Similar comments are combined, where appropriate.
After reviewing and considering all the public comments received on the
proposed rule, NMFS is finalizing the rule as proposed.
Final Opening Date and Retention Limit Measures
After considering the ``Opening Commercial Fishing Season
Criteria'' listed at Sec. 635.27(b)(3), and ``Inseason Trip Limit
Adjustment Criteria'' listed at Sec. 635.24(a)(8), NMFS is opening the
2024 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, 2024. NMFS is also starting the 2024
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 as well as in the
Atlantic region (Table 1). 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)).
Additionally, NMFS revises the regulations for both the start date
for all Atlantic shark fisheries and the default retention limit for
Shark Directed permit holders in the LCS fisheries. Specifically
regarding the start date, NMFS revises the regulations at Sec.
635.27(b) to have the fishery automatically open on January 1 each year
under base quotas and default retention limits. NMFS maintains the
flexibility to prevent a regional or sub-regional shark management
group from automatically opening on January 1 if the respective quota
is overharvested or there are indications that opening on January 1
would result in the quota being overharvested. A change in opening date
for a regional or sub-regional shark management group could occur
during the respective fishing year or prior to January 1 for the
following fishing year. Before changing the opening date from January
1, NMFS would consider the seven ``Opening Commercial Fishing Season
Criteria'' listed at Sec. 635.27(b)(3). Each year, during the fishing
year, NMFS would follow the quota adjustment process specified in Sec.
635.27(b)(2) and publish in the Federal Register an adjustment for any
quota over- or underharvests based on landings reported from the
previous fishing year.
Regarding the default retention limit, NMFS revises the regulations
at Sec. 635.24(a) to change the default commercial retention limit to
55 LCS other than sandbar sharks per vessel per trip for Shark Directed
limited access permit holders. NMFS does not change the existing
regulations that allow for changes to the retention limit during the
fishing year. Specifically, NMFS could continue to 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, and after considering the seven ``Inseason Trip Limit
Adjustment'' criteria at Sec. 635.24(a)(8).
Consistent with existing regulations, all of the regional or sub-
regional commercial fisheries for shark management groups would remain
open until December 31 each year, 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. 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
criteria and other relevant factors. NMFS manages each Atlantic shark
management group by using a specific commercial annual catch limit,
with some linkages among shark management groups whose species are
often caught together. The linked and non-linked quotas are shown in
Table 1.
If NMFS determines that shark species and/or management group must
be closed, then NMFS will publish in the Federal Register a notice of
closure for that shark species, 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. In that event, from the effective date and time of the
closure until the start of the following fishing year or until NMFS
announces that the season is reopened and additional quota is available
(via publication of another notice in the Federal Register), the
fisheries for the shark species and/or management groups will be
closed.
Table 1--Quota Linkages and Commercial Retention Limit by Regional or Sub-Regional Shark Management Group
----------------------------------------------------------------------------------------------------------------
Commercial retention
limits for directed
Region or sub-region Management group Quota linkages \1\ shark limited access
permit holders \2\
----------------------------------------------------------------------------------------------------------------
Western Gulf of Mexico............... Blacktip Sharks........ Not Linked............. 55 LCS other than
sandbar sharks per
vessel per trip.
Aggregated LCS......... Linked.................
Hammerhead Sharks......
Eastern Gulf of Mexico............... Blacktip Sharks........ Not Linked............. 55 LCS other than
sandbar sharks per
vessel per trip.
Aggregated LCS......... Linked.................
[[Page 77041]]
Hammerhead Sharks......
Gulf of Mexico....................... Non-Blacknose SCS...... Not Linked............. N/A.
Smoothhound Sharks..... Not Linked............. N/A.
Atlantic............................. Aggregated LCS......... Linked................. 55 LCS other than
sandbar sharks per
vessel per trip.
Hammerhead Sharks......
Non-Blacknose SCS...... Linked (South of N/A.
34[deg] N lat. Only).
Blacknose Sharks....... ....................... 8 blacknose sharks per
(South of 34[deg] N vessel per trip \3\.
lat. Only).
Smoothhound Sharks..... Not Linked............. N/A.
No Regional Quotas................... Non-Sandbar LCS Linked \4\............. N/A.
Research.
Sandbar Shark Research.
Blue Sharks............ Not Linked............. 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.
Final 2024 Commercial Shark Quotas
In this final rule, NMFS adjusts the quota levels for the various
shark stocks and management groups for the 2024 Atlantic shark
commercial fishing year (i.e., January 1 through December 31, 2024)
based on underharvests that occurred during the 2023 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 maximum of 5 fishing years.
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 2023 harvests through September 18, 2023, and after
considering catch rates and landings from previous years, NMFS adjusts
the 2024 quotas for certain management groups as shown in Table 2. NMFS
anticipates that dealer reports received after September 18, 2023 will
be used to adjust 2025 quotas, as appropriate, noting that, in some
circumstances, NMFS re-adjusts quotas during the subject year. A
description of the calculations for each stock and management group is
provided in the proposed rule and is not repeated here.
Table 2--2024 Quotas for the Atlantic Shark Management Groups
--------------------------------------------------------------------------------------------------------------------------------------------------------
Preliminary 2023 2024 Base annual 2024 Final annual
Region or sub-region Management group 2023 Annual quota landings \1\ Adjustments \2\ quota quota
(A)............... (B)............... (C)............... (D)............... (D+C).............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Western Gulf of Mexico.......... Blacktip Sharks... 347.2 mt (765,392 235.5 mt (519,232 115.7 mt (225,131 231.5 mt (510,261 347.2 mt (765,392
lb). lb). lb). lb). lb).
Aggregate Large 72.0 mt (158,724 77.8 mt (171,540 .................. 72.0 mt (158,724 72.0 mt (158,724
Coastal Sharks lb). lb). lb). lb).
\3\.
Hammerhead Sharks. 11.9 mt (26,301 <3.0 mt (<6,612 .................. 11.9 mt (26,301 11.9 mt (26,301
lb). lb). lb). lb).
Eastern Gulf of Mexico.......... Blacktip Sharks... 37.7 mt (83,158 3.8 mt (8,345 lb). 12.6 mt (27,719 25.1 mt (55,439 37.7 mt (83,158
lb). lb). lb). lb).
Aggregate Large 85.5 mt (188,593 5.6 mt (12,260 lb) .................. 85.5 mt (188,593 85.5 mt (188,593
Coastal Sharks lb). lb). lb).
\3\.
Hammerhead Sharks. 13.4 mt (29,421 <1.0 mt (<2,204 .................. 13.4 mt (29,421 13.4 mt (29,421
lb). lb). lb). lb).
Gulf of Mexico.................. Non-Blacknose 112.6 mt (428,215 32.7 mt (71,987 .................. 112.6 mt (428,215 112.6 mt (428,215
Small Coastal lb). lb). lb). lb).
Sharks.
Smoothhound Sharks 504.6 mt <1.0 mt (<2,204 168.2 mt (370,814 336.4 mt (741,627 504.6 mt
(1,112,441 lb). lb). lb). lb). (1,112,441 lb).
Atlantic........................ Aggregate Large 168.9 mt (372,552 78.5 mt (172,983 .................. 168.9 mt (372,552 168.9 mt (372,552
Coastal Sharks. lb). lb). lb). lb).
Hammerhead Sharks. 27.1 mt (59,736 19.9 mt (43,800 .................. 27.1 mt (59,736 27.1 mt (59,736
lb). lb). lb). lb).
Non-Blacknose 264.1 mt (582,333 52.5 mt (115,820 .................. 264.1 mt (582,333 264.1 mt (582,333
Small Coastal lb). lb). lb). lb).
Sharks.
Blacknose Sharks 17.2 mt (3,921 lb) 4.7 mt (10,363 lb) .................. 17.2 mt (3,921 lb) 17.2 mt (3,921
(South of 34[deg] lb).
N lat. Only).
Smoothhound Sharks 1,802.6 mt 290.6 mt (640,557 600.9 mt 1,201.7 mt 1,802.6 mt
(3,973,902 lb). lb). (1,324,634 lb). (2,649,268 lb). (3,973,902 lb).
No Regional Quotas.............. Non-Sandbar LCS 50.0 mt (110,230 <2.0 mt (<4,408 .................. 50.0 mt (110,230 50.0 mt (110,230
Research. lb). lb). lb). lb).
Sandbar Shark 90.7 mt (199,943 <22.0 mt (<48,500 .................. 90.7 mt (199,943 90.7 mt (199,943
Research. lb). lb). lb). lb).
Blue Sharks....... 273.0 mt (601,856 <2.0 mt (<4,408 .................. 273.0 mt (601,856 273.0 mt (601,856
lb). lb). lb). lb).
Porbeagle Sharks.. 1.7 mt (3,748 lb). <1.0 mt (<2,204 .................. 1.7 mt (3,748 lb). 1.7 mt (3,748 lb).
lb).
[[Page 77042]]
Pelagic Sharks 488.0 mt 15.5 mt (34,131 .................. 488.0 mt 488.0 mt
Other Than (1,075,856 lb). lb). (1,075,856 lb). (1,075,856 lb).
Porbeagle or Blue.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Landings are from January 1, 2023 through September 18, 2023 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 40.0 mt dw of the aggregate LCS quota from the Gulf of Mexico eastern sub-region to the western sub-region as of March 21, 2023 (88
FR 17742, March 24, 2023).
Response to Comments
Written comments can be found at https://www.regulations.gov/ by
searching ``NOAA-NMFS-2023-0018.'' Below, NMFS summarizes and responds
to the two written comments received on the proposed rule during the
comment period. Similar comments are combined, where appropriate.
Comment: NMFS received two comments that requested a prohibition on
all shark fishing, expressing concern over the stock status of Atlantic
shark species. Specifically, one of the comments stated that commercial
harvest of sharks is not sustainable, and commercial shark fishing
should be prohibited until shark populations have recovered.
Response: NMFS disagrees with the statement that commercial harvest
of sharks is not sustainable. Under the Magnuson-Stevens Act, NMFS is
required to foster the long-term biological and economic sustainability
of fisheries, including the shark fishery. The majority of sharks
harvested in the United States are from stocks with above-target
population levels. For shark stocks that are overfished, NMFS has
established rebuilding plans based on the best scientific information
available. Most of these rebuilding plans include some level of
commercial harvest. For those shark stocks that are experiencing
overfishing, NMFS has implemented management measures, which may
include strict catch limits, to end overfishing. The primary objective
of this final rule is to adjust the base quotas and retention limits as
necessary and consistent with existing regulations at Sec. Sec.
635.24(a) and 635.27(b), and to change the default opening date for all
Atlantic shark fisheries and the default retention limit measures for
LCS fisheries for future fishing years. Prohibiting all shark fishing
is contrary to that objective and to the requirements of the Magnuson-
Stevens Act.
Classification
The NMFS Assistant Administrator has determined that this final
rule is consistent with the 2006 Consolidated HMS FMP and its
amendments, the Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of 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 during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a final regulatory
flexibility analysis was not required and none was prepared.
This final 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: October 31, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
635 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. 635.24, revise paragraph (a)(2) to read as follows:
Sec. 635.24 Commercial retention limits for sharks, swordfish, and
BAYS tunas.
* * * * *
(a) * * *
(2) The commercial retention limit for LCS other than sandbar
sharks for a person who owns or operates a vessel that has been issued
a directed LAP for sharks and does not have a valid shark research
permit, or a person who owns or operates a vessel that has been issued
a directed LAP for sharks and that has been issued a shark research
permit but does not have a NMFS-approved observer on board, may range
between 0 and 55 LCS other than sandbar sharks per vessel per trip if
the respective LCS management group(s) is open per Sec. Sec. 635.27
and 635.28. Such persons may not retain, possess, or land sandbar
sharks. At the start of each fishing year, the default commercial
retention limit is 55 LCS other than sandbar sharks per vessel per trip
unless NMFS determines otherwise and files with the Office of the
Federal Register for publication notification of an inseason
adjustment. During the fishing year, NMFS may adjust the retention
limit per the inseason trip limit adjustment criteria listed in
paragraph (a)(8) of this section.
* * * * *
0
3. In Sec. 635.27, revise paragraphs (b)(2) introductory text and
(b)(3) introductory text to read as follows:
Sec. 635.27 Quotas.
* * * * *
(b) * * *
(2) Annual and inseason adjustments of commercial quotas. NMFS will
publish in the Federal Register any annual or inseason adjustments to
the base annual commercial overall, regional, or sub-regional quotas.
Unless the opening date of a commercial shark fishery is adjusted under
paragraph (b)(3) of this section, on January 1 of each year, base
quotas, as established in paragraph (b)(1) of this section, will be
available, and any adjustments will be published in the Federal
Register. Within a fishing year or at the start of a fishing year, NMFS
may transfer quotas between regions and sub-regions of the same species
or management group, as appropriate, based on the
[[Page 77043]]
criteria in paragraph (b)(2)(iii) of this section.
* * * * *
(3) Opening commercial fishing season. Unless adjusted under this
paragraph (b)(3), the commercial shark fisheries will open on January 1
of each year under base quotas, as established in paragraph (b)(1) of
this section. If NMFS determines a commercial shark fishery or a part
of a commercial shark fishery should open on a date other than January
1, NMFS will file with the Office of the Federal Register for
publication notification of the opening date(s) of the relevant
overall, regional, or sub-regional shark fishery(ies) for the relevant
species or management group(s). Before making any decisions, NMFS would
consider the following criteria and other relevant factors in
establishing the opening date(s):
* * * * *
0
4. In Sec. 635.28, revise paragraphs (b)(2) and (3) to read as
follows:
Sec. 635.28 Fishery closures.
* * * * *
(b) * * *
(2) Non-linked quotas. If the overall, regional, and/or sub-
regional quota of a species or management group is not linked to
another species or management group and that overall, regional, and/or
sub-regional quota is available, then that overall, regional, and/or
sub-regional commercial fishery for the shark species or management
group will open as specified in Sec. 635.27(b). When NMFS calculates
that the overall, regional, and/or sub-regional landings for a shark
species and/or management group, as specified in Sec. 635.27(b)(1),
has reached or is projected to reach 80 percent of the applicable
available overall, regional, and/or sub-regional quota as specified in
Sec. 635.27(b)(1) and is projected to reach 100 percent of the
relevant quota by the end of the fishing season, NMFS will file for
publication with the Office of the Federal Register a closure action,
as applicable, for that shark species and/or shark management group
that will be effective no fewer than 4 days from date of filing. From
the effective date and time of the closure until the start of the
following fishing year or until NMFS announces, via publication in the
Federal Register, that additional overall, regional, and/or sub-
regional quota is available and the season is reopened, the overall,
regional, and/or sub-regional fisheries for that shark species or
management group are closed.
(3) Linked quotas. As specified in paragraph (b)(4) of this
section, the overall, regional, and/or sub-regional quotas of some
shark species and/or management groups are linked to the overall,
regional, and/or sub-regional quotas of other shark species and/or
management groups. For each pair of linked species and/or management
groups, if the overall, regional, and/or sub-regional quota specified
in Sec. 635.27(b)(1) is available for both of the linked species and/
or management groups, then the overall, regional, and/or sub-regional
commercial fishery for both of the linked species and/or management
groups will open as specified in Sec. 635.27(b)(1). When NMFS
calculates that the overall, regional, and/or sub-regional landings for
any species and/or management group of a linked group have reached or
are projected to reach 80 percent of the applicable available overall,
regional, and/or sub-regional quota as specified in Sec. 635.27(b)(1)
and are projected to reach 100 percent of the relevant quota before the
end of the fishing season, NMFS will file for publication with the
Office of the Federal Register a closure action for all of the species
and/or management groups in that linked group that will be effective no
fewer than 4 days from date of filing. From the effective date and time
of the closure until the start of the following fishing year or until
NMFS announces, via publication in the Federal Register, that
additional overall, regional, and/or sub-regional quota is available
and the season is reopened, the overall, regional, and/or sub-regional
fishery for all species and/or management groups in that linked group
is closed.
* * * * *
[FR Doc. 2023-24307 Filed 11-7-23; 8:45 am]
BILLING CODE 3510-22-P
