Atlantic Highly Migratory Species; 2022 Atlantic Shark Commercial Fishing Year
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Issuing agencies
Abstract
This proposed rule would adjust quotas and retention limits and establish the opening date for the 2022 fishing year for the Atlantic commercial shark fisheries. Quotas would be adjusted as required or allowable based on any underharvests experienced during the 2021 fishing year. NMFS proposes the opening date and commercial retention limits to provide, to the extent practicable, fishing opportunities for commercial shark fishermen in all regions and areas. The proposed measures could affect fishing opportunities for commercial shark fishermen in the northwestern Atlantic Ocean, the Gulf of Mexico, and the Caribbean Sea.
Full Text
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<title>Federal Register, Volume 86 Issue 149 (Friday, August 6, 2021)</title>
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[Federal Register Volume 86, Number 149 (Friday, August 6, 2021)]
[Proposed Rules]
[Pages 43151-43158]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16770]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 210730-0156; RTID 0648-XT040]
Atlantic Highly Migratory Species; 2022 Atlantic Shark Commercial
Fishing Year
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: This proposed rule would adjust quotas and retention limits
and establish the opening date for the 2022 fishing year for the
Atlantic commercial shark fisheries. Quotas would be adjusted as
required or allowable based on any underharvests experienced during the
2021 fishing year. NMFS proposes the opening date and commercial
retention limits to provide, to the extent practicable, fishing
opportunities for commercial shark fishermen in all regions and areas.
The proposed measures could affect fishing opportunities for commercial
shark fishermen in the northwestern Atlantic Ocean, the Gulf of Mexico,
and the Caribbean Sea.
DATES: Written comments must be received by September 7, 2021.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2021-0056, by electronic submission. Submit all electronic
public comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter ``NOAA-NMFS-2021-0056'' in the Search
box. Click on the ``Comment'' icon, complete the required fields, and
enter or attach your comments.
Comments sent by any other method, to any other address or
individual, or received after the end of the comment period, may not be
considered by NMFS. All comments received are a part of the public
record and will generally be posted for public viewing on
<a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Copies of this proposed rule and supporting documents are available
from the HMS Management Division website at <a href="https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species">https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species</a> or by
contacting Lauren Latchford (<a href="/cdn-cgi/l/email-protection#d5b9b4a0a7b0bbfbb9b4a1b6bdb3baa7b195bbbab4b4fbb2baa3"><span class="__cf_email__" data-cfemail="7a161b0f081f1454161b0e19121c15081e3a14151b1b541d150c">[email protected]</span></a>) by phone at
301-427-8503.
FOR FURTHER INFORMATION CONTACT: Lauren Latchford
(<a href="/cdn-cgi/l/email-protection#0e626f7b7c6b6020626f7a6d6668617c6a4e60616f6f20696178"><span class="__cf_email__" data-cfemail="c5a9a4b0b7a0abeba9a4b1a6ada3aab7a185abaaa4a4eba2aab3">[email protected]</span></a>), Derek Kraft (<a href="/cdn-cgi/l/email-protection#20444552454b0e4b52414654604e4f41410e474f56"><span class="__cf_email__" data-cfemail="cca8a9bea9a7e2a7beadaab88ca2a3adade2aba3ba">[email protected]</span></a>), or
Karyl Brewster-Geisz (<a href="/cdn-cgi/l/email-protection#0a616b7873662468786f7d797e6f78276d6f6379704a64656b6b246d657c"><span class="__cf_email__" data-cfemail="bdd6dccfc4d193dfcfd8cacec9d8cf90dad8d4cec7fdd3d2dcdc93dad2cb">[email protected]</span></a>) at 301-427-8503.
SUPPLEMENTARY INFORMATION:
Background
The Atlantic commercial shark fisheries are managed under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act). The 2006 Consolidated Atlantic Highly
Migratory Species (HMS) Fishery Management Plan (FMP) and its
amendments are implemented by regulations at 50 CFR part 635. For the
Atlantic commercial shark fisheries, the 2006 Consolidated HMS FMP and
its amendments established default commercial shark retention limits,
commercial quotas for species and management groups, and accounting
measures for underharvests and overharvests. The retention limits,
commercial quotas, and accounting measures can be found at 50 CFR
635.24(a) and 635.27(b). Regulations also include provisions allowing
flexible opening dates for the fishing year (Sec. 635.27(b)(3)) and
inseason adjustments to shark trip limits (Sec. 635.24(a)(8)), which
provide management flexibility in furtherance of equitable fishing
opportunities, to the extent practicable, for commercial shark
fishermen in all regions and areas. In addition, Sec. 635.28(b)(4)
lists species and/or management groups with quotas that are linked. If
quotas are linked, when the specified quota threshold for one
management group or species is reached and that management group or
species is closed, the linked management group or species closes at the
same time (Sec. 635.28(b)(3)). Lastly, pursuant to Sec. 635.27(b)(3),
any annual or inseason adjustments to the base annual commercial
overall, regional, or sub-regional quotas will be published in the
Federal Register.
2022 Proposed Commercial Shark Quotas
NMFS proposes adjusting the quota levels for the various shark
stocks and management groups for the 2022 Atlantic commercial shark
fishing year
[[Page 43152]]
based on underharvests that occurred during the 2021 fishing year,
consistent with existing regulations at 50 CFR 635.27(b). Overharvests
and underharvests are accounted for in the same region, sub-region,
and/or fishery in which they occurred the following year, except that
large overharvests may be spread over a number of subsequent fishing
years up to a maximum of five years. If a sub-regional quota is
overharvested, but the overall regional quota is not, no subsequent
adjustment is required. Unharvested quota may be added to the quota for
the next fishing year, but only for shark management groups that have
shark stocks that do not have an unknown status or that have no
overfishing occurring and are not overfished. No more than 50 percent
of a base annual quota may be carried over from a previous fishing
year.
Based on 2021 harvests to date, and after considering catch rates
and landings from previous years, NMFS proposes to adjust the 2022
quotas for certain management groups as shown in Table 1. All of the
2022 proposed quotas for the respective stocks and management groups
will be subject to further adjustment in the final rule after NMFS
considers landings submitted in the dealer reports through mid-October.
NMFS anticipates that dealer reports received after that time will be
used to adjust 2022 quotas, as appropriate, noting that, in some
circumstances, NMFS re-adjusts quotas during the subject year.
Because the Gulf of Mexico blacktip shark management group and
smoothhound shark management groups in the Gulf of Mexico and Atlantic
regions are not overfished, and overfishing is not occurring, available
underharvest (up to 50 percent of the base annual quota) from the 2021
fishing year for these management groups may be added to the respective
2022 base quotas. NMFS proposes to account for any underharvest of Gulf
of Mexico blacktip sharks by dividing underharvest between the eastern
and western Gulf of Mexico sub-regional quotas based on the sub-
regional quota split percentage implemented in Amendment 6 to the 2006
Consolidated HMS FMP (80 FR 50073; August 18, 2015).
For the sandbar shark, aggregated large coastal shark (LCS),
hammerhead shark, non-blacknose small coastal shark (SCS), blacknose
shark, blue shark, porbeagle shark, and pelagic shark (other than
porbeagle or blue sharks) management groups, the 2021 underharvests
cannot be carried over to the 2022 fishing year because those stocks or
management groups are overfished, are experiencing overfishing, or have
an unknown status. There are no overharvests to account for in these
management groups to date. Thus, NMFS proposes that quotas for these
management groups be equal to the annual base quota without adjustment,
although the ultimate decision will be based on current data at the
time of the final rule.
The proposed 2022 quotas by species and management group are
summarized in Table 1 and the description of the calculations for each
stock and management group can be found below. All quotas and landings
are dressed weight (dw), in metric tons (mt), unless specified
otherwise. Table 1 includes landings data as of July 9, 2021; final
quotas are subject to change based on landings as of October 2021.
Table 1--2022 Proposed Quotas and Opening Date for the Atlantic Shark Management Groups
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2021 Annual Preliminary 2021 2022 Base 2022 Proposed Season opening
Region or sub-region Management group quota landings \1\ Adjustments \2\ annual quota annual quota dates
(A)............. (B)............. (C)............ (D)............ (D + C)........
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Western Gulf of Mexico....... Blacktip Sharks 347.2 mt 210.7 mt 115.7 mt 231.5 mt 347.2 mt January 1, 2022.
\3\. (765,392 lb). (464,554 lb). (255,131 lb). (510,261 lb). (765,392 lb).
Aggregated Large 72.0 mt (158,724 66.6 mt (146,851 ............... 72.0 mt 72.0 mt
Coastal Sharks. lb). lb). (158,724 lb). (158,724 lb).
Hammerhead 11.9 mt (26,301 <1.5 mt (<3,300 ............... 11.9 mt (26,301 11.9 mt (26,301
Sharks. lb). lb). lb). lb).
Eastern Gulf of Mexico....... Blacktip Sharks 37.7 mt (83,158 8.6 mt (18,858 12.6 mt (27,719 25.1 mt (55,439 37.7 mt (83,158 January 1, 2022.
\3\. lb). lb). lb). lb). lb).
Aggregated Large 85.5 mt (188,593 38.1 mt (84,047 ............... 85.5 mt 85.5 mt
Coastal Sharks. lb). lb). (188,593 lb). (188,593 lb).
Hammerhead 13.4 mt (29,421 5.7 mt (12,458 ............... 13.4 mt (29,421 13.4 mt (29,421
Sharks. lb). lb). lb). lb).
Gulf of Mexico............... Non-Blacknose 112.6 mt 23.1 mt (50,911 ............... 112.6 mt 112.6 mt
Small Coastal (248,215 lb). lb). (248,215 lb). (248,215 lb).
Sharks.
Smoothhound 504.6 mt --mt (--lb)..... 168.2 mt 336.4 mt 504.6 mt
Sharks. (1,112,441 lb). (370,814 lb). (741,627 lb). (1,112,441 lb).
Atlantic..................... Aggregated Large 168.9 mt 38.7 mt (85,317 ............... 168.9 mt 168.9 mt January 1, 2022.
Coastal Sharks. (372,552 lb). lb). (372,552 lb). (372,552 lb).
Hammerhead 27.1 mt (59,736 10.2 mt (22,542 ............... 27.1 mt (59,736 27.1 mt (59,736
Sharks. lb). lb). lb). lb).
Non-Blacknose 264.1 mt 32.8 mt (72,243 ............... 264.1 mt 264.1 mt
Small Coastal (582,333 lb). lb). (582,333 lb). (582,333 lb).
Sharks.
Blacknose Sharks 17.2 mt (37,921 4.8 mt (10,617 ............... 17.2 mt (37,921 17.2 mt (37,921
(South of 34 lb). lb). lb). lb).
[deg]N lat.
only).
Smoothhound 1,802.6 mt 192.8 mt 600.9 mt 1,201.7 mt 1,802.6 mt
Sharks. (3,971,587 lb). (425,130 lb). (1,324,634 lb). (2,649,268 lb). (3,973,902 lb).
No regional quotas........... Non-Sandbar LCS 50.0 mt (110,230 5.0 mt (11,129 ............... 50.0 mt 50.0 mt January 1, 2022.
Research. lb). lb). (110,230 lb). (110,230 lb).
Sandbar Shark 90.7 mt (199,943 35.4 mt (78,074 ............... 90.7 mt 90.7 mt
Research. lb). lb). (199,943 lb). (199,943 lb).
Blue Sharks..... 273.0 mt <1.0 mt (<2,200 ............... 273.0 mt 273.0 mt
(601,856 lb). lb). (601,856 lb). (601,856 lb).
Porbeagle Sharks 1.7 mt (3,748 0.0 mt (0 lb)... ............... 1.7 mt (3,748 1.7 mt (3,748
lb). lb). lb).
[[Page 43153]]
Pelagic Sharks 488.0 mt 25.2 mt (55,566 ............... 488.0 mt 488.0 mt
Other Than (1,075,856 lb). lb). (1,075,856 lb). (1,075,856 lb).
Porbeagle or
Blue.
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\1\ Landings are from January 1, 2021, through July 9, 2021, and are subject to change.
\2\ Underharvest adjustments can only be applied to stocks or management groups that are not overfished and have no overfishing occurring. Also, the
underharvest adjustments cannot exceed 50 percent of the base quota.
\3\ This adjustment accounts for underharvest in 2021. This proposed rule would increase the overall Gulf of Mexico blacktip shark quota by 128.3 mt
(282,850 lb). Since any underharvest would be divided based on the sub-regional quota percentage split, the western Gulf of Mexico blacktip shark
quota would be increased by 115.7 mt, while the eastern Gulf of Mexico blacktip shark quota would be increased by 12.6 mt.
1. Proposed 2022 Quotas for Shark Management Groups Where Underharvests
Can Be Carried Over
The Gulf of Mexico blacktip shark management group (which is
divided between the two sub-regions) and smoothhound shark management
groups in the Gulf of Mexico and Atlantic regions are not overfished,
and overfishing is not occurring. Pursuant to Sec. 635.27(b)(2)(ii),
available underharvest (up to 50 percent of the base annual quota) from
the 2021 fishing year for these management groups may be added to the
respective 2022 base quotas.
The 2022 proposed commercial quota for blacktip sharks in the
western Gulf of Mexico sub-region is 347.2 mt dw (765,392 lb dw) and
the eastern Gulf of Mexico sub-region is 37.7 mt dw (83,158 lb dw). As
of July 9, 2021, preliminary reported landings for blacktip sharks in
the western Gulf of Mexico sub-region were at 60.7 percent (210.7 mt
dw) of their 2021 quota levels (347.2 mt dw), and blacktip sharks in
the eastern Gulf of Mexico sub-region were at 22.7 percent (8.6 mt dw)
of the sub-regional 2021 quota levels (37.7 mt dw). Reported landings
in both sub-regions have not exceeded the 2021 quota to date. Pursuant
to Sec. 635.27(b)(1)(ii)(C), any underharvest would be divided between
the two sub-regions, based on the percentages that are allocated to
each sub-region. To date, the overall Gulf of Mexico blacktip shark
management group is underharvested by 165.6 mt dw (365,138 lb dw). NMFS
proposes to increase the western Gulf of Mexico blacktip shark quota by
115.7 mt dw which is 90.2 percent of the quota adjustment, while the
eastern Gulf of Mexico blacktip shark sub-regional quota would increase
by 12.6 mt dw, which is 9.8 percent of the quota adjustment (Table 1).
Thus, the proposed western sub-regional Gulf of Mexico blacktip shark
commercial quota is 347.2 mt dw (765,392 lb dw), and the proposed
eastern sub-regional Gulf of Mexico blacktip shark commercial quota is
37.7 mt dw (83,158 lb dw).
The 2022 proposed commercial quota for smoothhound sharks in the
Gulf of Mexico region is 504.6 mt dw (1,112,441 lb dw) and in the
Atlantic region is 1,802.6 mt dw (3,973,902 lb dw). As of July 9, 2021,
there have been no smoothhound shark landings in the Gulf of Mexico
region and 10.7 percent (192.8 mt dw) of their 2021 quota (1802.6 mt
dw) in the Atlantic region. NMFS proposes to adjust the 2022 Gulf of
Mexico and Atlantic smoothhound shark quotas for anticipated
underharvests in 2021 to the full extent allowed. The proposed 2022
adjusted base annual quota for Gulf of Mexico smoothhound sharks is
504.6 mt dw (336.4 mt dw annual base quota + 168.2 mt dw 2021
underharvest = 504.6 mt dw 2022 adjusted annual quota) and the proposed
2022 adjusted base annual quota for Atlantic smoothhound sharks is
1,802.6 mt dw (1,201.7 mt dw annual base quota + 600.9 mt dw 2021
underharvest = 1,802.6 mt dw 2022 adjusted annual quota).
2. Proposed 2022 Quotas for Shark Management Groups Where Underharvests
Cannot Be Carried Over
Consistent with the current regulations at Sec. 635.27(b)(2)(ii),
2021 underharvests cannot be carried over to the 2022 fishing year for
the following stocks or management groups because they are overfished,
are experiencing overfishing, or have an unknown status: Sandbar shark,
aggregated large coastal shark (LCS), hammerhead shark, non-blacknose
small coastal shark (SCS), blacknose shark, blue shark, porbeagle
shark, and pelagic shark (other than porbeagle or blue sharks)
management groups.
The 2022 proposed commercial quota for aggregated LCS in the
western Gulf of Mexico sub-region is 72.0 mt dw (158,724 lb dw), and
the eastern Gulf of Mexico sub-region is 85.5 mt dw (188,593 lb dw).
The 2022 proposed commercial quota for aggregated LCS in the Atlantic
region is 168.9 mt dw (372,552 lb dw). For these stocks, the 2022
proposed commercial quotas reflect the codified annual base quotas,
without adjustment for underharvest. At this time, no overharvests have
occurred, which would require adjustment downward. As of July 9, 2021,
preliminary reported landings for aggregated LCS in the western Gulf of
Mexico sub-region were 92.5 percent (66.6 mt dw) of the 2021 quota
(72.0 mt dw), the aggregated LCS in the eastern Gulf of Mexico sub-
region were 44.6 percent (38.1 mt dw) of the 2021 quota (85.5 mt dw),
and the aggregated LCS fishery in the Atlantic were 22.9 percent (38.7
mt dw) of the 2021 quota. Reported landings from both Gulf of Mexico
sub-regions and the Atlantic region have not exceeded the 2021 overall
aggregated LCS quota to date. Given the unknown status of some species
in the aggregated LCS complex, the aggregated LCS quota cannot be
adjusted for any underharvests. Based on both preliminary estimates and
catch rates from previous years, NMFS proposes that the 2022 quotas for
aggregated LCS in the western and eastern Gulf of Mexico sub-regions,
and the Atlantic region be equal to their annual base quotas without
adjustment.
The 2022 proposed commercial quotas for hammerhead sharks in the
eastern Gulf of Mexico sub-region and western Gulf of Mexico sub-region
are 11.9 mt dw (26,301 lb dw) and 13.4 mt dw (29,421 lb dw),
respectively. For these stocks, the 2022 proposed commercial quotas
reflect the codified annual base quotas, without adjustment for
underharvest. At this time, no overharvests have occurred, which would
require adjustment downward. The 2022 proposed commercial quota for
hammerhead sharks in the Atlantic region is 27.1 mt dw (59,736 lb dw).
As of July 9, 2021, preliminary reported landings of hammerhead sharks
in the western Gulf of Mexico sub-region were
[[Page 43154]]
less than 12 percent (<2.3 mt dw) of the 2021 quota (11.9 mt dw),
landings of hammerhead sharks in the eastern Gulf of Mexico sub-region
were at 42.3 percent (5.7 mt dw) of the 2021 quota (13.4 mt dw), and
landings of hammerhead sharks in the Atlantic region were at 37.7
percent (10.2 mt dw) of the 2021 quota. Reported landings from the Gulf
of Mexico sub-regions and the Atlantic region have not exceeded the
2021 overall hammerhead quota to date. Given the overfished status of
the scalloped hammerhead shark, the hammerhead shark quota cannot be
adjusted for any underharvests. Based on both preliminary estimates and
catch rates from previous years, NMFS proposes that the 2022 quotas for
hammerhead sharks in the western Gulf of Mexico and eastern Gulf of
Mexico sub-regions be equal to their annual base quotas without
adjustment.
The 2022 proposed commercial quota for blacknose sharks in the
Atlantic region is 17.2 mt dw (37,921 lb dw). This quota is available
in the Atlantic region only for those vessels operating south of 34
[deg]N latitude. North of 34 [deg]N latitude, retention, landing, or
sale of blacknose sharks is prohibited. NMFS is not proposing any
adjustments to the blacknose shark quota at this time. For these
stocks, the 2022 proposed commercial quotas reflect the codified annual
base quotas, without adjustment for underharvest. At this time, no
overharvests have occurred, which would require adjustment downward. As
of July 9, 2021, preliminary reported landings of blacknose sharks were
at 28.0 percent (4.8 mt dw) of the 2021 quota levels in the Atlantic
region. Reported landings have not exceeded the 2021 quota to date.
NMFS proposes that the 2022 Atlantic blacknose shark quota be equal to
the annual base quota without adjustment.
The 2022 proposed commercial quota for non-blacknose SCS in the
Gulf of Mexico region is 112.6 mt dw (248,215 lb dw). The 2022 proposed
commercial quota for non-blacknose SCS in the Atlantic region is 264.1
mt dw (582,333 lb dw). For these stocks, the 2022 proposed commercial
quotas reflect the codified annual base quotas, without adjustment for
underharvest. At this time, no overharvests have occurred, which would
require adjustment downward. As of July 9, 2021, preliminary reported
landings of non-blacknose SCS were at 20.5 percent (23.1 mt dw) of
their 2021 quota level (112.6 mt dw) in the Gulf of Mexico region and
were at 12.4 percent (32.8 mt dw) of the 2021 quota level in the
Atlantic region. Reported landings have not exceeded the 2021 quota to
date. Given the unknown status of bonnethead sharks within the Gulf of
Mexico and Atlantic non-blacknose SCS management groups, underharvests
cannot be carried forward. Based on both preliminary estimates and
catch rates from previous years, NMFS proposes that the 2022 quota for
non-blacknose SCS in the Gulf of Mexico and Atlantic regions be equal
to the annual base quota without adjustment.
The 2022 proposed commercial quotas for blue sharks, porbeagle
sharks, and pelagic sharks (other than porbeagle or blue sharks) are
273.0 mt dw (601,856 lb dw), 1.7 mt dw (3,748 lb dw), and 488.0 mt dw
(1,075,856 lb dw), respectively. For these stocks, the 2022 proposed
commercial quotas reflect the codified annual base quotas, without
adjustment for underharvest. At this time, no overharvests have
occurred, which would require adjustment downward. As of July 9, 2021,
there were no preliminary reported landings of blue sharks or porbeagle
sharks, and landings of pelagic sharks (other than porbeagle and blue
sharks) were at 5.2 percent (25.2 mt dw) of the 2021 quota level (488.0
mt dw). Given that these pelagic species are overfished, have
overfishing occurring, or have an unknown status, underharvests cannot
be carried forward. Based on preliminary estimates of catch rates from
previous years, NMFS proposes that the 2022 quotas for blue sharks,
porbeagle sharks, and pelagic sharks (other than porbeagle and blue
sharks) be equal to their annual base quotas without adjustment.
The 2022 proposed commercial quotas within the shark research
fishery are 50 mt dw (110,230 lb dw) for research LCS and 90.7 mt dw
(199,943 lb dw) for sandbar sharks. Within the shark research fishery,
as of July 9, 2021, preliminary reported landings of research LCS were
at 10.1 percent (5.0 mt dw) of the 2021 quota, and sandbar shark
reported landings were at 39 percent (35.4 mt dw) of their 2021 quota.
Because sandbar sharks and scalloped hammerhead sharks within the
research LCS management group are either overfished or overfishing is
occurring, underharvests for these management groups cannot be carried
forward. Based on preliminary estimates, NMFS proposes that the 2022
quota in the shark research fishery be equal to the annual base quota
without adjustment.
Proposed Opening Date and Retention Limits for the 2022 Atlantic
Commercial Shark Fishing Year
In proposing the commercial shark fishing season opening dates for
all regions and sub-regions, NMFS considered the ``Opening Commercial
Fishing Season Criteria,'' which are the criteria listed at Sec.
635.27(b)(3): The available annual quotas for the current fishing
season, estimated season length and average weekly catch rates from
previous years, length of the season and fishery participation in past
years, effects of the adjustment on accomplishing objectives of the
2006 Consolidated HMS FMP and its amendments, temporal variation in
behavior or biology of target species (e.g., seasonal distribution or
abundance), impact of catch rates in one region on another, and effects
of delayed openings.
In analyzing the criteria, NMFS examines the underharvests of the
different management groups in the 2021 fishing year to determine the
likely effects of the proposed commercial quotas for 2022 on shark
stocks and fishermen across regional and sub-regional fishing areas.
NMFS also examines the potential season length and previous catch rates
to ensure, to the extent practicable, that equitable fishing
opportunities will be provided to fishermen in all areas. Lastly, NMFS
examines the seasonal variation of the different species/management
groups and the effects on fishing opportunities. At the start of each
fishing year, the default commercial retention limit is 45 LCS other
than sandbar sharks per vessel per trip in the eastern and western Gulf
of Mexico sub-regions and in the Atlantic region, unless NMFS
determines otherwise and files with the Office of the Federal Register
for publication notification of an inseason adjustment. NMFS may adjust
the retention limit from zero to 55 LCS other than sandbar sharks per
vessel per trip if the respective LCS management group is open under
Sec. 635.27 and Sec. 635.28, respectively.
NMFS also considered the six ``Inseason Trip Limit Adjustment
Criteria'' listed at Sec. 635.24(a)(8). Those criteria are: The amount
of remaining shark quota in the relevant area, region, or sub-region,
to date, based on dealer reports; the catch rates of the relevant shark
species/complexes in the region or sub-region, to date, based on dealer
reports; the estimated date of fishery closure based on when the
landings are projected to reach 80 percent of the quota given the
realized catch rates and whether they are projected to reach 100
percent before the end of the fishing season; effects of the adjustment
on accomplishing the objectives of the 2006 Consolidated HMS FMP and
its amendments; variations in seasonal distribution, abundance, or
migratory
[[Page 43155]]
patterns of the relevant shark species based on scientific and fishery-
based knowledge; and/or effects of catch rates in one part of a region
precluding vessels in another part of that region from having a
reasonable opportunity to harvest a portion of the relevant quota.
In analyzing the criteria, NMFS examines landings submitted in
dealer reports on a weekly basis and catch rates based upon those
dealer reports and have found that, to date, landings and subsequent
quotas have not been exceeded. Catch rates in one part of a sub-region
reached 80 percent have been closed, and have not reached 100 percent
of the available quota. In addition, that closure did not preclude
vessels in another part of that region or sub-region from having a
reasonable opportunity to harvest a portion of the relevant quota.
Given the pattern of landings over the previous years, seasonal
distribution of the species and/or management groups has not had an
effect on the landings within a region or sub-region.
After considering both sets of criteria in Sec. 635.24 and 635.28,
NMFS is proposing to open the 2022 Atlantic commercial shark fishing
season for all shark management groups in the northwestern Atlantic
Ocean, including the Gulf of Mexico and the Caribbean Sea, on January
1, 2022, after the publication of the final rule for this action (Table
2). NMFS proposes to open the season on January 1, 2022, but recognizes
that the actual opening date is contingent on publication of the final
rule in the Federal Register, and may vary accordingly. NMFS is also
proposing to start the 2022 commercial shark fishing season with the
commercial retention limit of 55 LCS other than sandbar sharks per
vessel per trip in both the eastern and western Gulf of Mexico sub-
regions, and a commercial retention limit of 55 LCS other than sandbar
sharks per vessel per trip in the Atlantic region (Table 2). Proposed
retention limits could change (as a result of public comments as well
as updated catch rates and landings information submitted in dealer
reports) in the final rule.
Table 2--Quota Linkages, Season Opening Dates, and Commercial Retention Limit by Regional or Sub-Regional Shark
Management Group
----------------------------------------------------------------------------------------------------------------
Commercial
retention limits
for directed shark
Season opening limited access
Region or sub-region Management group Quota linkages * date permit holders
(inseason
adjustments are
possible)
----------------------------------------------------------------------------------------------------------------
Western Gulf of Mexico.......... Blacktip Sharks... Not Linked........ January 1, 2022... 55 LCS other than
Aggregated Large Linked............ sandbar sharks
Coastal Sharks.. per vessel per
trip.
Hammerhead Sharks.
Eastern Gulf of Mexico.......... Blacktip Sharks... Not Linked........ January 1, 2022... 55 LCS other than
Aggregated Large Linked............ sandbar sharks
Coastal Sharks.. per vessel per
trip.
Hammerhead Sharks.
Gulf of Mexico.................. Non-Blacknose Not Linked........ January 1, 2022... N/A.
Small Coastal
Sharks.
Smoothhound Sharks Not Linked........ January 1, 2022... N/A.
Atlantic........................ Aggregated Large Linked............ January 1, 2022... 55 LCS other than
Coastal Sharks. sandbar sharks
per vessel per
trip.
Hammerhead Sharks.
Non-Blacknose Linked (South of January 1, 2022... N/A.
Small Coastal 34 [deg]N lat.
Sharks. only).
Blacknose Sharks 8 Blacknose sharks
(South of 34 per vessel per
[deg]N lat. only). trip (applies to
directed and
incidental permit
holders).
Smoothhound Sharks Not Linked........ January 1, 2022... N/A.
No regional quotas.............. Non-Sandbar LCS Linked............ January 1, 2022... N/A.
Research.
Sandbar Shark
Research.
Blue Sharks....... Not Linked........ January 1, 2022... N/A.
Porbeagle Sharks..
Pelagic Sharks
Other Than
Porbeagle or Blue.
----------------------------------------------------------------------------------------------------------------
* Sec. 635.28(b)(4) lists species and/or management groups with quotas that are linked. If quotas are linked,
when the specified quota threshold for one management group or species is reached and that management group or
species is closed, the linked management group or species closes at the same time (Sec. 635.28(b)(3)).
In the eastern and western Gulf of Mexico sub-regions, NMFS
proposes opening the fishing season on January 1, 2022, for the
aggregated LCS, blacktip sharks, and hammerhead shark management
groups, with the commercial retention limits of 55 LCS other than
sandbar sharks per vessel per trip for directed shark permits. This
opening date and retention limit combination would provide, to the
extent practicable, equitable opportunities across the fisheries
management sub-regions. The season opening criteria listed in Sec.
635.27(b)(3) requires NMFS to consider the length of the season for the
different species and/or management groups in the previous years (Sec.
635.27(b)(3)(ii) and (iii)) and whether fishermen were able to
participate in the fishery in those years (Sec. 635.27(b)(3)(v)). In
addition, the criteria listed in Sec. 635.24(a)(8) require NMFS to
consider the catch rates of the relevant shark species/complexes based
on landings submitted in dealer reports to date (Sec.
635.24(a)(8)(ii)). NMFS may also adjust the retention limit in the Gulf
of Mexico region throughout the season to ensure fishermen in all parts
of the region have an opportunity to harvest aggregated LCS, blacktip
sharks, and hammerhead sharks (see the criteria listed at Sec.
635.27(b)(3)(v) and Sec. 635.24(a)(8)(ii), (v), and (vi)). Given these
requirements, NMFS reviewed landings on a weekly basis for all species
and/or management groups and determined that fishermen have been able
to participate in the fishery, and landings from both Gulf of Mexico
sub-regions and the Atlantic region have not exceeded the 2021 overall
aggregated LCS quota to date. For both the eastern and western Gulf of
Mexico sub-regions combined, landings submitted in dealer reports
received through July 9, 2021, indicate that 66 percent (104.7 mt dw),
57 percent (219.3 mt dw), and almost 30 percent (<8 mt dw) of the
available aggregated LCS, blacktip, and hammerhead shark quotas,
respectively, have been harvested. Therefore, for 2022, NMFS is
proposing opening both the western and eastern Gulf of Mexico sub-
regions with a commercial retention
[[Page 43156]]
limit of 55 sharks other than sandbar sharks per vessel per trip.
In the Atlantic region, NMFS proposes opening the aggregated LCS
and hammerhead shark management groups on January 1, 2022. The criteria
listed in Sec. 635.27(b)(3) consider the effects of catch rates in one
part of a region precluding vessels in another part of that region from
having a reasonable opportunity to harvest a portion of the different
species and/or management quotas (Sec. 635.27(b)(3)(v)). The 2021 data
indicate that an opening date of January 1, coupled with inseason
adjustments to the retention limit if later considered and needed,
would provide a reasonable opportunity for fishermen in every part of
each region to harvest a portion of the available quotas (Sec.
635.27(b)(3)(i)), while accounting for variations in seasonal
distribution of the different species in the management groups (Sec.
635.27(b)(3)(iv)). Because the quotas we propose for 2022 are the same
as the quotas in 2021, NMFS proposes that the season lengths, and
therefore, the participation of various fishermen throughout the
region, would be similar in 2022 (Sec. 635.27(b)(3)(ii) and (iii)).
Additionally, the January 1 opening date appears to meet the objectives
of the 2006 Consolidated HMS FMP and its amendments (Sec.
635.27(b)(3)(vi)). In the recent past, NMFS has managed the fishery by
opening the aggregated LCS and hammerhead shark management groups on
January 1 with a relatively high retention limit. Once a certain
percentage threshold was reached, the retention limit was reduced to a
low limit, such as 3 LCS other than sandbar sharks per vessel per trip,
and then the retention limit was increased again in mid-July. This
approach allowed the fishery in the Atlantic region to remain open
throughout the year, consistent with conservation and management
measures for the stocks and requests from fishermen and states.
However, landings data from 2016 to present indicate a decrease in
annual landings in the aggregated LCS management group. As a result, in
2021 NMFS opened with a retention limit of 45 LCS other than sandbar
sharks per vessel per trip, anticipating that it might later reduce the
trip limit when landings reached approximately 40 percent of the quota
and after considering appropriate factors. Instead, on March 23, 2021,
NMFS increased the retention limit from 36 to the maximum limit of 55
LCS other than sandbar sharks per vessel per trip for all directed
permit holders due to low landings (86 FR 16075; March 26, 2021). As of
July 9, 2021, landings data indicate that, despite increasing the
retention limit to the maximum, only 22.9 percent of the aggregated LCS
and 37.7 percent of the hammerhead shark commercial quotas have been
landed. Considering this experience and the recent reduced landings
compared to past years, NMFS proposes to open on January 1, 2022, with
a retention limit of 55 LCS other than sandbar sharks per vessel per
trip. Starting with the highest retention limit available could allow
fishermen in the Atlantic region to more fully utilize the available
science-based quota. As needed, NMFS may adjust the retention limit
throughout the year to ensure equitable fishing opportunities
throughout the region and ensure the quota is not exceeded (see the
criteria at Sec. 635.24(a)(8)). For example, if the quota is harvested
too quickly, NMFS could consider reducing the retention limit as
appropriate to ensure enough quota remains until later in the year.
NMFS would publish in the Federal Register notification of any inseason
adjustments of the retention limit.
All of the shark management groups would remain open until December
31, 2022, 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 before
the end of the fishing season, or until a quota-linked species or
management group is closed. If NMFS determines that a non-quota-linked
shark species or management group must be closed, then, consistent with
Sec. 635.28(b)(2) for non-linked quotas (e.g., eastern Gulf of Mexico
blacktip, western Gulf of Mexico blacktip, Gulf of Mexico non-blacknose
SCS, pelagic sharks, or the Atlantic or Gulf of Mexico smoothhound
sharks), NMFS will publish in the Federal Register a notice of closure
for that shark species, shark management group, region, and/or sub-
region that will be effective no fewer than four days from the date of
filing. For the blacktip shark management group, regulations at Sec.
635.28(b)(5)(i) through (v) authorize NMFS to close the management
group before landings have reached or are projected to reach 80 percent
of applicable available overall, regional, and/or sub-regional quota
and are projected to reach 100 percent of the relevant quota by the end
of the fishing season, after considering the following criteria and
other relevant factors: Season length based on available sub-regional
quota and average sub-regional catch rates; variability in regional
and/or sub-regional seasonal distribution, abundance, and migratory
patterns; effects on accomplishing the objectives of the 2006
Consolidated HMS FMP and its amendments; amount of remaining shark
quotas in the relevant sub-region; and regional and/or sub-regional
catch rates of the relevant shark species or management groups. The
fisheries for the shark species or management group would be closed
(even across fishing years) from the effective date and time of the
closure until NMFS announces, via the publication of a notice in the
Federal Register, that additional quota is available and the season is
reopened.
If NMFS determines that a quota-linked species and/or management
group must be closed, then, consistent with Sec. 635.28(b)(3) for
linked quotas, NMFS will publish in the Federal Register a notice of
closure for all of the species and/or management groups in a linked
group that will be effective no fewer than four days from the date of
filing. In that event, from the effective date and time of the closure
until the season is reopened and additional quota is available (via the
publication of another NMFS notice in the Federal Register), the
fisheries for all quota-linked species and/or management groups will be
closed, even across fishing years. The quota-linked species and/or
management groups are Atlantic hammerhead sharks and Atlantic
aggregated LCS; eastern Gulf of Mexico hammerhead sharks and eastern
Gulf of Mexico aggregated LCS; western Gulf of Mexico hammerhead sharks
and western Gulf of Mexico aggregated LCS; and Atlantic blacknose and
Atlantic non-blacknose SCS south of 34 [deg]N latitude.
Request for Comments
Comments on this proposed rule and on NMFS' determination that this
proposed rule, if adopted, would not have a significant economic impact
on a substantial number of small entities (as discussed below in the
Classification section), may be submitted via <a href="http://www.regulations.gov">www.regulations.gov</a>. NMFS
solicits comments on this proposed rule by September 7, 2021 (see DATES
and ADDRESSES).
Classification
The NMFS Assistant Administrator has determined that the proposed
rule is consistent with the 2006 Consolidated HMS FMP and its
amendments, the Magnuson-Stevens Act, and other applicable laws,
subject to further consideration after public comment.
These proposed specifications are exempt from review under
Executive Order 12866.
NMFS determined that the final rules to implement Amendment 2 to
the 2006 Consolidated HMS FMP (June 24, 2008,
[[Page 43157]]
73 FR 35778; corrected on July 15, 2008, 73 FR 40658), Amendment 5a to
the 2006 Consolidated HMS FMP (78 FR 40318; July 3, 2013), Amendment 6
to the 2006 Consolidated HMS FMP (80 FR 50073; August 18, 2015), and
Amendment 9 to the 2006 Consolidated HMS FMP (80 FR 73128; November 24,
2015) are consistent to the maximum extent practicable with the
enforceable policies of the approved coastal management program of
coastal states on the Atlantic, including the Gulf of Mexico and the
Caribbean Sea, as required under the Coastal Zone Management Act.
Pursuant to 15 CFR 930.41(a), NMFS provided the Coastal Zone Management
Program of each coastal state a 60-day period to review the consistency
determination and to advise NMFS of their concurrence. NMFS received
concurrence with the consistency determinations from several states and
inferred consistency from those states that did not respond within the
60-day time period. This proposed action to establish an opening date
and adjust quotas for the 2022 fishing year for the Atlantic commercial
shark fisheries does not change the framework previously consulted
upon. Therefore, no additional consultation is required.
This rulemaking would implement previously adopted and analyzed
measures with adjustments, as specified in the 2006 Consolidated HMSFMP
and its amendments, and the Environmental Assessment (EA) that
accompanied the 2011 shark quota specifications rule (75 FR 76302;
December 8, 2010). Impacts have been evaluated and analyzed in
Amendments 2, 3, 5a, 6, and 9 to the 2006 Consolidated HMS FMP, which
include Final Environmental Impact Statements (FEISs) for Amendments 2,
3, and 5a, and EAs for Amendments 6 and 9. The final rule for Amendment
2 implemented base quotas and quota adjustment procedures for sandbar
shark and non-sandbar LCS species/management groups, and Amendments 3
and 5a implemented base quotas for Gulf of Mexico blacktip shark,
aggregated LCS, hammerhead shark, blacknose shark, and non-blacknose
SCS management groups and quota transfers for Atlantic sharks. The
final rule for Amendment 6 implemented a revised commercial shark
retention limit, revised base quotas for sandbar shark and non-
blacknose SCS species/management groups, new sub-regional quotas in the
Gulf of Mexico region for blacktip sharks, aggregated LCS, and
hammerhead sharks, and new management measures for blacknose sharks.
The final rule for Amendment 9 implemented management measures,
including commercial quotas, for smoothhound sharks in the Atlantic and
Gulf of Mexico regions. In 2010, NOAA Fisheries prepared an EA with the
2011 quota specifications rule (75 FR 76302; December 8, 2010) that
describes the impact on the human environment that would result from
implementation of measures to delay the start date and allow for
inseason adjustments. NMFS has determined that the quota adjustments
and season opening dates of this proposed rule and the resulting
impacts to the human environment are within the scope of the analyses
considered in the FEISs and EAs for these amendments, and additional
National Environmental Policy Act (NEPA) analysis is not warranted for
this proposed rule.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities
as defined under the Regulatory Flexibility Act (RFA). The factual
basis for this determination is as follows.
The proposed rule would adjust quotas and retention limits and
establish the opening date for the 2022 fishing year for the Atlantic
commercial shark fisheries. NMFS would adjust quotas as required or
allowable based on any overharvests and/or underharvests from the 2021
fishing year. NMFS has limited flexibility to otherwise modify the
quotas in this proposed rule. In addition, the impacts of the quotas
(and any potential modifications) were analyzed in previous regulatory
flexibility analyses, including the initial regulatory flexibility
analysis and the final regulatory flexibility analysis that accompanied
the 2011 shark quota specifications rule. NMFS proposes the opening
date and commercial retention limits to provide, to the extent
practicable, fishing opportunities for commercial shark fishermen in
all regions and areas.
The proposed measures could affect fishing opportunities for
commercial shark fishermen in the northwestern Atlantic Ocean, the Gulf
of Mexico, and the Caribbean Sea. However, the effects this proposed
rule would have on small entities would be minimal. Section 603(b)(3)
of the RFA requires agencies to provide an estimate of the number of
small entities to which the rule would apply. The Small Business
Administration (SBA) has established size criteria for all major
industry sectors in the United States, including fish harvesters. SBA's
regulations include provisions for an agency to develop its own
industry-specific size standards after consultation with SBA and
providing an opportunity for public comment (see 13 CFR 121.903(c)).
Under this provision, NMFS may establish size standards that differ
from those established by the SBA Office of Size Standards, but only
for use by NMFS and only for the purpose of conducting an analysis of
economic effects in fulfillment of the agency's obligations under the
RFA. To utilize this provision, NMFS must publish such size standards
in the Federal Register, which NMFS did on December 29, 2015 (80 FR
81194; 50 CFR 200.2). In this final rule effective on July 1, 2016,
NMFS established a small business size standard of $11 million in
annual gross receipts for all businesses in the commercial fishing
industry (NAICS 11411) for RFA compliance purposes. NMFS considers all
HMS permit holders to be small entities because they had average annual
receipts of less than $11 million for commercial fishing.
As of June 13, 2021, this proposed rule would apply to the
approximately 207 directed commercial shark permit holders, 253
incidental commercial shark permit holders, 164 smoothhound shark
permit holders, and 90 commercial shark dealers. Not all permit holders
are active in the fishery in any given year. Active directed commercial
shark permit holders are defined as those with valid permits that
landed one shark based on HMS electronic dealer reports. Of the 460
directed and incidental commercial shark permit holders, to date, only
10 permit holders landed sharks in the Gulf of Mexico region, and only
65 landed sharks in the Atlantic region. Of the 164 smoothhound shark
permit holders, to date, only 63 permit holders landed smoothhound
sharks in the Atlantic region, and 1 landed smoothhound sharks in the
Gulf of Mexico region. As described below, NMFS has determined that all
of these entities are small entities for purposes of the RFA.
Based on the 2020 ex-vessel price (Table 3), fully harvesting the
unadjusted 2021 Atlantic shark commercial base quotas could result in
total fleet revenues of $8,481,742. For the Gulf of Mexico blacktip
shark management group, NMFS is proposing to adjust the base sub-
regional quotas upward due to underharvests in 2021. The increase for
the western Gulf of Mexico blacktip shark management group could result
in a $206,656 gain in total revenues for fishermen in that sub-region,
while the increase for the eastern Gulf of Mexico blacktip shark
management group could result in a $21,066 gain in total revenues for
[[Page 43158]]
fishermen in that sub-region. For the Gulf of Mexico and Atlantic
smoothhound shark management groups, NMFS is proposing to increase the
base quotas due to the underharvest in 2021. This would cause a
potential gain in revenue of $281,819 for the fleet in the Gulf of
Mexico region, and a potential gain in revenue of $1,217,953 for the
fleet in the Atlantic region. Since a small business is defined as
having annual receipts not in excess of $11.0 million, and total
Atlantic shark revenue for the entire fishery is $9 million, each
individual shark fishing entity would fall within the small business
definition. NMFS has also determined that the proposed rule would not
likely affect any small governmental jurisdictions.
All of these changes in gross revenues are similar to the gross
revenues analyzed in the 2006 Consolidated HMS FMP and Amendments 2, 3
5a, 6, and 9 to the 2006 Consolidated HMS FMP. The final regulatory
flexibility analyses for those amendments concluded that the economic
impacts on these small entities from adjustments such as those
contemplated in this action are expected to be minimal. In accordance
with the 2006 Consolidated HMS FMP, as amended, and consistent with
NMFS' statements in rules implementing Amendments 2, 3 5a, 6, and 9,
and in the EA for the 2011 shark quota specifications rule, NMFS now
conducts annual rulemakings in which NMFS considers the potential
economic impacts of adjusting the quotas for underharvests and
overharvests.
Table 3--Average Ex-Vessel Prices per lb dw for Each Shark Management Group, 2020
----------------------------------------------------------------------------------------------------------------
Average ex- Average ex-
Region Species vessel meat vessel fin
price price
----------------------------------------------------------------------------------------------------------------
Western Gulf of Mexico........................ Blacktip Shark.................. $0.81 ..............
Aggregated LCS.................. 0.80 ..............
Hammerhead Shark................ 0.74 ..............
Eastern Gulf of Mexico........................ Blacktip Shark.................. 0.76 ..............
Aggregated LCS.................. 0.79 ..............
Hammerhead Shark................ .............. ..............
Gulf of Mexico................................ Non-Blacknose SCS............... 0.71 ..............
Smoothhound Shark............... 0.76 ..............
Atlantic...................................... Aggregated LCS.................. 1.13 ..............
Hammerhead Shark................ 0.57 ..............
Non-Blacknose SCS............... 1.12 ..............
Blacknose Shark................. 1.29 ..............
Smoothhound Shark............... 0.92 ..............
No Region..................................... Shark Research Fishery .............. ..............
(Aggregated LCS).
Shark Research Fishery (Sandbar 1.30 ..............
only).
Blue shark...................... .............. ..............
Porbeagle shark................. .............. ..............
Other Pelagic sharks............ 1.31 ..............
All........................................... Shark Fins...................... .............. $5.15
Atlantic...................................... Shark Fins...................... .............. 1.58
GOM........................................... Shark Fins...................... .............. 9.44
----------------------------------------------------------------------------------------------------------------
In conclusion, as discussed above, this proposed rule would adjust
quotas and retention limits and establish the opening date for the 2022
fishing year for the Atlantic commercial shark fisheries. Based on
available data on commercial catch of sharks in the northwestern
Atlantic Ocean, the Gulf of Mexico, and the Caribbean Sea, it appears
that shark fishing is conducted by fishermen who already possess
Federal permits and are adhering to Federal reporting requirements for
all catch as well as other Federal shark regulations, whether they are
in Federal or state waters. Given these factors, this action would not
have an effect, practically, on the regulations that shark fishermen
currently follow. Furthermore, this action is not expected to affect
the amount of sharks caught and sold or result in any change in the ex-
vessel revenues those fishermen could expect. Therefore, NMFS has
determined that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
As a result, an initial regulatory flexibility analysis is not required
and none has been prepared. NMFS invites comments from the public on
the information in this determination that this proposed rule, if
adopted, would not have a significant economic impact on a substantial
number of small entities.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
Dated: August 2, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021-16770 Filed 8-5-21; 8:45 am]
BILLING CODE 3510-22-P
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</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.