Rule2021-24721
Atlantic Highly Migratory Species; 2022 Atlantic Shark Commercial Fishing Year
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 12, 2021
Effective
January 1, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This final rule establishes the 2022 opening date for all Atlantic shark fisheries, including the fisheries in the Gulf of Mexico and Caribbean. This final rule also establishes the shark fisheries quotas for the 2022 fishing year, with adjustments based on harvest levels during 2021 and establishes the large coastal shark (LCS) initial retention limits for directed shark limited access permit holders. NMFS may increase or decrease these retention limits for directed shark limited access permit holders during the year, in accordance with existing regulations, to provide equitable fishing opportunities for commercial shark fishermen in all regions and areas, to the extent practicable. These actions could affect fishing opportunities for commercial shark fishermen in the northwestern Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea.
Full Text
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<title>Federal Register, Volume 86 Issue 216 (Friday, November 12, 2021)</title>
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[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Rules and Regulations]
[Pages 62737-62741]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24721]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 211108-0227;RTID 0648-XT040]
Atlantic Highly Migratory Species; 2022 Atlantic Shark Commercial
Fishing Year
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 62738]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; fishing season notification.
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SUMMARY: This final rule establishes the 2022 opening date for all
Atlantic shark fisheries, including the fisheries in the Gulf of Mexico
and Caribbean. This final rule also establishes the shark fisheries
quotas for the 2022 fishing year, with adjustments based on harvest
levels during 2021 and establishes the large coastal shark (LCS)
initial retention limits for directed shark limited access permit
holders. NMFS may increase or decrease these retention limits for
directed shark limited access permit holders during the year, in
accordance with existing regulations, to provide equitable fishing
opportunities for commercial shark fishermen in all regions and areas,
to the extent practicable. These actions could affect fishing
opportunities for commercial shark fishermen in the northwestern
Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea.
DATES: This rule is effective on January 1, 2022. The 2022 Atlantic
commercial shark fishing year opens on January 1, 2022, for all species
and regions.
ADDRESSES: Atlantic Highly Migratory Species (HMS) Management Division,
1315 East-West Highway, Silver Spring, MD 20910; <a href="https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species">https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species</a>.
FOR FURTHER INFORMATION CONTACT: Guy DuBeck (<a href="/cdn-cgi/l/email-protection#1c7b69653278697e797f775c72737d7d327b736a"><span class="__cf_email__" data-cfemail="9afdefe3b4feeff8fff9f1daf4f5fbfbb4fdf5ec">[email protected]</span></a>),
Derek Kraft (<a href="/cdn-cgi/l/email-protection#01656473646a2f6a73606775416f6e60602f666e77"><span class="__cf_email__" data-cfemail="9afeffe8fff1b4f1e8fbfceedaf4f5fbfbb4fdf5ec">[email protected]</span></a>), or Karyl Brewster-Geisz
(<a href="/cdn-cgi/l/email-protection#137872616a7f3d71617664606776613e74767a6069537d7c72723d747c65"><span class="__cf_email__" data-cfemail="ddb6bcafa4b1f3bfafb8aaaea9b8aff0bab8b4aea79db3b2bcbcf3bab2ab">[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 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 Sec. Sec. 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.
On August 8, 2021, NMFS published a proposed rule (86 FR 43151)
regarding management measures for the commercial shark fisheries for
the 2022 fishing year. The rule proposed opening all Atlantic
commercial shark management groups on January 1, 2022, setting initial
retention limits for LCS by directed shark limited access permit
holders, and adjusting certain quotas for the 2022 fishing year based
on harvest levels during 2021. The proposed rule contains background
information and details that are not repeated here. The comment period
on the proposed rule closed on September 7, 2021. NMFS received one
written comment during the comment period. This comment, along with
NMFS' response, is summarized below. After considering the comment,
NMFS is finalizing the rule as proposed.
Specifically, NMFS is opening the fishing year for all shark
management groups on January 1, 2022. As described in the proposed
rule, in establishing the opening date, NMFS considered the ``opening
commercial fishing season'' criteria at Sec. 635.27(b)(3). These
criteria include the following factors: Available annual quotas for the
current fishing season; estimated season length and average weekly
catch rates from previous years; length of the season and fishermen
participation in past years; impacts to 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 season openings. This final rule also establishes a starting
retention limit for directed shark limited access permit holders in the
blacktip, aggregated LCS, and hammerhead management groups of 55 LCS
other than sandbar sharks per vessel per trip for the entire Gulf of
Mexico region (which includes both the eastern and western sub-regions)
and for the Atlantic region. This final rule does not affect or change
the current retention limit for incidental shark limited access permit
holders for all regions. Consistent with Sec. 635.24(a)(3) and (4),
the current retention limits for incidental shark limited access permit
holders will remain at 3 LCS other than sandbar sharks per vessel per
trip, and no more than 16 small coastal sharks (SCS) and pelagic
sharks, combined, per vessel per trip. Additionally, the retention
limit for blacknose sharks for all permit holders in the Atlantic
region south of 34[deg]00' N lat. will remain at eight blacknose sharks
per trip consistent with Sec. 635.24(a)(4). Blacknose sharks may not
be harvested in the Gulf of Mexico region.
This final rule also adjusts certain annual commercial quotas for
2022 based on over- and/or underharvests, calculated after accounting
for landings reported by September 17, 2021, consistent with existing
regulations. Updated landings information as of September 17, 2021 has
been reviewed (as reflected in Table 1), and no quotas are changed from
the proposed rule as a result. While this action adjusts certain quotas
as allowable, it does not establish or change the annual baseline
commercial quotas established under the 2006 Consolidated HMS FMP and
its amendments for any shark management group. The baseline quotas were
established under previous actions, and any changes to those baseline
quotas would be performed through a separate action.
Response to Comments
NMFS received one written comment on the proposed rule. That
comment can be found at <a href="http://www.regulations.gov/">http://www.regulations.gov/</a> by searching for
NOAA-NMFS-2021-0056. The comment received is summarized below.
Comment 1: NMFS received a comment requesting a prohibition of all
commercial shark fishing.
Response: This comment is outside the scope of this rulemaking
because the purpose of this rulemaking is to adjust certain quotas for
the 2022 shark season based on over- and underharvests from the
previous years and to set opening dates and commercial retention limits
for the 2022 shark season. This action does not reanalyze the overall
management measures for sharks, which have been analyzed and
implemented through previous rulemaking processes for the 2006
Consolidated HMS FMP and its amendments. Sustainable commercial shark
fishing is allowed
[[Page 62739]]
under the Magnuson-Stevens Act and other applicable laws.
Changes From the Proposed Rule
After considering public comment and updated landings information,
NMFS is finalizing the rule as proposed, without changes regarding the
fishing season opening dates or retention limits.
2022 Annual Quotas
This final rule adjusts certain 2022 commercial quotas due to
overharvests in 2021 and previous fishing years and/or underharvests in
2021, based on landings data received by September 17, 2021.
Underharvest adjustments can only be applied to stocks or management
groups that are not overfished, have no overfishing occurring, or do
not have an unknown status. Also, current regulations provide that the
underharvest adjustments cannot exceed 50 percent of the base annual
quota. The 2022 annual quotas are summarized in Table 1 by species and
management group. At this time, NMFS anticipates that landings in
dealer reports that NMFS receives after September 17, 2021, will be
accounted for by adjusting certain 2023 quotas, as appropriate,
although such landings could also be accounted for in 2022. A
description of the quota calculations is provided in the proposed rule
and is not repeated here.
Table 1--2022 Proposed Quotas and Opening Date for the Atlantic Shark Management Groups
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Preliminary 2021 2022 Base annual 2022 Proposed
Region or sub-region Management group 2021 Annual quota landings \1\ Adjustments \2\ quota annual quota
(A)............... (B)............... (C)............... (D)............... (D + C)
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Western Gulf of Mexico.......... Blacktip Sharks 347.2 mt dw 222.6 mt (490,693 115.7 mt (255,131 231.5 mt (510,261 347.2 mt (765,392
\3\. (765,392 lb). lb). lb). lb). lb)
Aggregated Large 72.0 mt (158,724 66.9 mt (147,445 .................. 72.0 mt (158,724 72.0 mt (158,724
Coastal Sharks. lb). lb). lb). lb)
Hammerhead Sharks. 11.9 mt (26,301 <1.5 mt (<3,300 .................. 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 15.3 mt (33,800 12.6 mt (27,719 25.1 mt (55,439 37.7 mt (83,158
\3\. lb). lb). lb). lb). lb)
Aggregated Large 85.5 mt (188,593 49.7 mt (109,566 .................. 85.5 mt (188,593 85.5 mt (188,593
Coastal Sharks. lb). lb). lb). lb)
Hammerhead Sharks. 13.4 mt (29,421 5.7 mt (12,567 lb) .................. 13.4 mt (29,421 13.4 mt (29,421
lb). lb). lb))
Gulf of Mexico.................. Non-Blacknose 112.6 mt (248,215 31.8 mt (70,172 .................. 112.6 mt (248,215 112.6 mt (248,215
Small Coastal lb). lb). lb). lb)
Sharks.
Smoothhound Sharks 504.6 mt 0 mt (0 lb)....... 168.2 mt (370,814 336.4 mt (741,627 504.6 mt
(1,112,441 lb). lb). lb). (1,112,441 lb)
Atlantic........................ Aggregated Large 168.9 mt (372,552 53.5 mt (117,960 .................. 168.9 mt (372,552 168.9 mt (372,552
Coastal Sharks. lb). lb). lb). lb)
Hammerhead Sharks. 27.1 mt (59,736 12.2 mt (26,842 .................. 27.1 mt (59,736 27.1 mt (59,736
lb). lb). lb). lb)
Non-Blacknose 264.1 mt (582,333 52.4 mt (115,473 .................. 264.1 mt (582,333 264.1 mt (582,333
Small Coastal lb). lb). lb). lb)
Sharks.
Blacknose Sharks 17.2 mt (37,921 5.3 mt (11,787 lb) .................. 17.2 mt (37,921 17.2 mt (37,921
(South of 34[deg] lb). lb). lb)
N lat. only).
Smoothhound Sharks 1,802.6 mt 272.3 mt (600,339 600.9 mt 1,201.7 mt 1,802.6 mt
(3,971,587 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 7.4 mt (16,304 lb) .................. 50.0 mt (110,230 50.0 mt (110,230
Research. lb). lb). lb)
Sandbar Shark 90.7 mt (199,943 49.0 mt (108,131 .................. 90.7 mt (199,943 90.7 mt (199,943
Research. lb). lb). lb). lb)
Blue Sharks....... 273.0 mt (601,856 <1.0 mt (<2,200 .................. 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 (<2,200 .................. 1.7 mt (3,748 lb). 1.7 mt (3,748 lb)
lb).
Pelagic Sharks 488.0 mt 30.3 mt (66,738 .................. 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 September 17, 2021, and are subject to change as additional data is received.
\2\ Underharvest adjustments can only be applied to stocks or management groups that are not overfished and have no overfishing occurring and that do
not have an ``unknown'' status. 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 metric
ton (mt) (282,850 pounds (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.
2022 Atlantic Commercial Shark Fishing Year
After considering the seven ``opening commercial fishing season''
criteria listed in Sec. 635.27(b)(3) as described in the proposed rule
(86 FR 43151; August 8, 2021), and after considering public comment,
this rule establishes a January 1, 2022, commercial shark fishing year
start date for all management groups in all regions.
Regarding the LCS retention limit, as shown in Table 2, directed
shark limited access permit holders fishing on the Gulf of Mexico
blacktip shark, aggregated LCS, and hammerhead shark management groups,
as well as the Atlantic aggregated LCS and hammerhead shark management
groups will start the commercial fishing year with a limit of 55 LCS
other than sandbar sharks per vessel per trip. These retention limits
could be changed throughout the year based on consideration of the
inseason trip limit adjustment criteria at Sec. 635.24(a)(8).
All of the shark management groups will remain open until December
31, 2022, or until closure is appropriate. Under the regulations, shark
fisheries are closed if NMFS determines that the landings for any shark
management group have reached, or are projected to reach, 80 percent of
the available overall, regional, and/or sub-regional quota, if the
fishery's landings are not also projected to reach 100 percent of the
applicable quota before the end of the season, or when the quota-linked
[[Page 62740]]
management group is closed. 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 reach or are expected to
reach 80 percent of the available overall, regional, and/or sub-
regional quota after considering the following criteria and other
relevant factors: Season length based on available sub-regional quota
and average sub-regional catch rates; variability in regional and/or
sub-regional seasonal distribution, abundance, and migratory patterns;
effects on accomplishing the objectives of the 2006 Consolidated
Atlantic 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. Additionally,
NMFS has previously established non-linked and linked quotas. Linked
quotas are explicitly designed to concurrently close shark management
groups that are caught together and linked by regulation to prevent
incidental catch mortality from exceeding the total allowable catch.
The linked and non-linked quotas are shown in Table 2. If NMFS
determines that a shark species or management group must be closed,
then NMFS will publish a notice in the Federal Register of closure for
that shark species, shark management group, region, and/or sub-region
that will be effective no fewer than 4 days from the date of filing
(Sec. 635.28(b)(2) and (3)). From the effective date of the notice and
time of the closure, the fisheries for the shark species or management
group are closed, even across fishing years, until NMFS announces, via
the publication of a notice in the Federal Register, that additional
quota is available, and the season is reopened.
Table 2--Quota Linkages, Opening Dates, and Commercial Retention Limit by Regional or Sub-Regional Shark
Management Group
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Commercial
retention
limits for
directed shark
Region or sub-region Management Quota linkages Opening dates limited access
group permit holders
(inseason
adjustments are
available)
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Eastern Gulf of Mexico...... Blacktip Sharks Not Linked.......... January 1, 2022........... 55 LCS other
than sandbar
sharks per
vessel per
trip.
Aggregated Linked..............
Large Coastal
Sharks.
Hammerhead
Sharks.
Western Gulf of Mexico...... Blacktip Sharks Not Linked.......... January 1, 2022........... 55 LCS other
than sandbar
sharks per
vessel per
trip.
Aggregated Linked..............
Large Coastal
Sharks.
Hammerhead
Sharks.
Gulf of Mexico.............. Non-Blacknose Not Linked.......... January 1, 2022........... N/A.
Small Coastal
Sharks.
Smoothhound Not Linked.......... January 1, 2022...........
Sharks.
Atlantic.................... Aggregated Linked.............. January 1, 2022........... 55 LCS other
Large Coastal than sandbar
Sharks. 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 8 blacknose
Sharks. sharks per
vessel per
trip
(applies to
directed and
incidental
permit
holders).
Smoothhound Not Linked.......... January 1, 2022........... N/A.
Sharks.
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.
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\1\ This action modifies the percent of quota harvested at which it considers adjusting the retention limit.
NMFS will consider adjustment to 40 percent to allow fishermen in the Atlantic region to more fully utilize
the quota.
Classification
NMFS is issuing this rule pursuant to 305(d) of the Magnuson-
Stevens Act, which authorizes the Secretary to promulgate regulations
as may be necessary to carry out FMPs or FMP amendments or other
provisions of the Act. This action carries out provisions of the 2006
Consolidated HMS FMP and its amendments. The NMFS Assistant
Administrator has determined that the final rule is consistent with the
2006 Consolidated HMS FMP and its amendments, other provisions of the
Magnuson-Stevens Act, and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
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 regulatory flexibility
analysis was not required, and none was prepared.
[[Page 62741]]
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations, Imports,
Penalties, Reporting and recordkeeping requirements, Statistics,
Treaties.
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
Dated: November 8, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021-24721 Filed 11-10-21; 8:45 am]
BILLING CODE 3510-22-P
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