Rule2022-13922
Atlantic Highly Migratory Species; Commercial Shark Quota Transfer
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
June 29, 2022
Effective
June 28, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is transferring 11.3 metric tons (mt) dressed weight (dw) of aggregated large coastal shark (LCS) quota from the eastern Gulf of Mexico sub-region to the western Gulf of Mexico sub-region, and 6.8 mt dw of western Gulf of Mexico hammerhead shark sub-region quota to the Atlantic hammerhead shark region quota for the remainder of the 2022 fishing year. This action is based on consideration of the regulatory determination criteria regarding inseason quota transfers and affects commercial Atlantic shark permitted vessels and dealers.
Full Text
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<title>Federal Register, Volume 87 Issue 124 (Wednesday, June 29, 2022)</title>
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[Federal Register Volume 87, Number 124 (Wednesday, June 29, 2022)]
[Rules and Regulations]
[Pages 38676-38678]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13922]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 211108-0227; RTID 0648-XC106]
Atlantic Highly Migratory Species; Commercial Shark Quota
Transfer
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason quota transfer.
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SUMMARY: NMFS is transferring 11.3 metric tons (mt) dressed weight (dw)
of aggregated large coastal shark (LCS) quota from the eastern Gulf of
Mexico sub-region to the western Gulf of Mexico sub-region, and 6.8 mt
dw of western Gulf of Mexico hammerhead shark sub-region quota to the
Atlantic hammerhead shark region quota for the remainder of the 2022
fishing year. This action is based on consideration of the regulatory
determination criteria regarding inseason quota transfers and affects
commercial Atlantic shark permitted vessels and dealers.
DATES: Effective June 28, 2022, through December 31, 2022.
FOR FURTHER INFORMATION CONTACT: Guy DuBeck, Ann Williamson, or Karyl
Brewster-Geisz, at 301-427-8503.
SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed
under the 2006 Consolidated Atlantic Highly Migratory Species (HMS)
Fishery Management Plan (FMP), its amendments, and implementing
regulations (50 CFR part 635) issued under authority of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.). Section 635.27(b) describes the baseline quotas for different
shark management groups and regions, describes the process for annual
adjustments to those baseline quotas, and includes the criteria to
consider for inseason quota transfers between regions and sub-regions.
Section 635.28(b) describes quotas that are linked for management
purposes.
On November 12, 2021 (86 FR 62737), NMFS announced the 2022
commercial western Gulf of Mexico aggregated LCS (72.0 mt dw; 158,724
lb dw) and hammerhead shark (11.9 mt dw; 26,301 lb dw) sub-regional
quotas, eastern Gulf of Mexico aggregated LCS (85.5 mt dw; 188,593 lb
dw) sub-regional quota, and Atlantic hammerhead shark (27.1 mt dw;
59,736 lb dw) regional quota. Based on dealer reports received as of
May 20, 2022, NMFS estimates that in the western Gulf of Mexico sub-
region, 65.7 mt (144,732 lb) or 91 percent of the aggregated LCS sub-
regional quota and less than 2.0 mt dw (less than 4,400 lb dw) or less
than 17 percent of the hammerhead sub-regional quota has been landed.
In the eastern Gulf of Mexico sub-region, 31.1 mt dw (68,582 lb dw) or
36 percent of the aggregated LCS sub-regional quota has been landed. In
the Atlantic region, 18.5 mt dw (40,874 lb dw) or 68 percent of the
hammerhead shark regional quota has been landed.
Regulations provide that quotas for certain shark species and/or
management groups are linked, including Atlantic hammerhead sharks and
Atlantic aggregated LCS; eastern Gulf of Mexico hammerhead sharks and
eastern Gulf of Mexico aggregated LCS; and western Gulf of Mexico
hammerhead sharks and western Gulf of Mexico aggregated LCS (see Sec.
635.28(b)(4)). Regulations further provide that for each pair of linked
species and/or management groups, if landings reach, or are projected
to reach, a threshold of 80 percent of the available quota and are also
projected to reach 100 percent of the available quota before the end of
the 2022 fishing year, NMFS will close the relevant shark management
groups (see Sec. 635.28(b)(3)). At this time, without further action,
NMFS projects that both the western Gulf of Mexico aggregated LCS and
Atlantic hammerhead shark management group quotas could be reached by
August 15, 2022, and September 15, 2022, respectively. If that happens,
NMFS would need to close the western Gulf of Mexico aggregated LCS
group and the linked western Gulf of Mexico hammerhead group, as well
as the Atlantic aggregated LCS and the linked Atlantic hammerhead
management groups.
Under Sec. 635.27(b)(2), NMFS may transfer quota inseason between
regions or sub-regions. Such transfers may occur for species or
management groups that are the same in both regions or sub-regions and
the quota is split for management purposes and not as a result of a
stock assessment. As described at Sec. 635.27(b)(1)(ii), the sub-
regional splits for the quotas in the Gulf of Mexico region were done
for management purposes. Therefore, NMFS may transfer aggregated LCS
quota between Gulf of Mexico sub-regions. As described at Sec.
635.27(b)(1)(iii)(C), the regional and sub-regional splits for the
overall hammerhead quota were done for management purposes. Therefore,
NMFS may transfer hammerhead quota between the Atlantic and Gulf of
Mexico regions. Before making any such transfer, NMFS must consider the
following determination criteria in Sec. 635.27(b)(2)(iii), and other
relevant factors: (1) The usefulness of information obtained from
catches in the particular management group for biological sampling and
monitoring of the status of the respective shark species and/or
management group; (2) the catches of the particular species and/or
management group quota to date and the likelihood of closure of that
segment of the fishery if no adjustment is made; (3) the projected
ability of the vessels fishing under the particular species and/or
management group quota to harvest the additional amount of
corresponding quota before the end of the fishing year; (4) effects of
the adjustment on the status of all shark species; (5) effects of the
adjustment on accomplishing the objectives of the fishery management
plan; (6) variations in seasonal distribution, abundance, or migration
patterns of the appropriate shark species and/or management group; (7)
effects of catch rates in one area precluding vessels in another area
from having a reasonable opportunity to harvest a portion of the quota;
and/or (8) review of dealer reports, daily landing trends, and the
availability of the respective shark species and/or management group on
the fishing grounds.
NMFS has determined that, for the Gulf of Mexico aggregated LCS
sub-regional landings, the eastern Gulf of Mexico aggregated LCS sub-
regional landings are not projected to reach their quota by the end of
the year and that the western Gulf of Mexico aggregated LCS sub-
regional quota has exceeded 80 percent (93 percent) of their quota and
are projected to reach their quota by the end of the year. Therefore,
NMFS has considered the inseason quota transfer criteria, documented in
the Quota Transfer section below, and determined that a transfer from
the sub-regional eastern Gulf of Mexico aggregated LCS quota to the
western Gulf of Mexico aggregated LCS quota is warranted to avoid
potential closure of the western Gulf of Mexico aggregated LCS quota
and the western Gulf of Mexico hammerhead shark quota, which are linked
under 50 CFR 635.28(b)(4)(iii), while fishing opportunities still
exist.
For the hammerhead shark landings, the western Gulf of Mexico
hammerhead sub-regional landings are relatively low when compared to
past fishing seasons, hammerhead sharks are not targeted nor landed in
the western
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Gulf of Mexico sub-region, and that the Atlantic hammerhead regional
quota is nearing 80 percent (63 percent) of their quota and are
projected to reach their quota by the end of the year. Therefore, NMFS
has considered the inseason quota transfer criteria, documented in the
Quota Transfer section below, and determined that a transfer from the
western Gulf of Mexico hammerhead shark quota to the Atlantic
hammerhead shark quota is warranted to avoid potential closure of the
Atlantic hammerhead shark quota and the Atlantic aggregated LCS quota,
which are linked under 50 CFR 635.28(b)(4)(i), while fishing
opportunities still exist.
Quota Transfer
After fully considering all the criteria listed above, NMFS is
taking action to transfer aggregated LCS quota from the eastern Gulf of
Mexico sub-regional quota to the western Gulf of Mexico sub-regional
quota, and hammerhead shark management group quota from the western
Gulf of Mexico sub-regional quota to the Atlantic hammerhead shark
quota. NMFS' consideration of the relevant criteria found at Sec.
635.27(b)(2)(iii) includes, but is not limited to, the following:
Regarding the usefulness of information obtained from catches in
the particular category for biological sampling and monitoring of the
status of the stock (Sec. 635.27(b)(2)(iii)(A)), biological samples
collected by NMFS scientific observers on commercial vessels targeting
aggregated LCS and hammerhead sharks continue to provide NMFS with
valuable data for ongoing scientific studies of shark age and growth,
migration, and reproductive status. This is especially important for
the upcoming bull, spinner, and tiger shark assessments in 2024.
Regarding the catches of the quotas to date and the likelihood of a
fishery closure if no adjustment is made, commercial shark dealer data
show that landings of the western Gulf of Mexico aggregated LCS have
exceeded 80 percent of the quota (93 percent), while landings of the
Atlantic hammerhead shark are approaching 80 percent of the quota (63
percent). Once the landings exceed the threshold of 80 percent of the
quotas and are also projected to reach 100 percent before the end of
the 2022 fishing year, the western Gulf of Mexico aggregated LCS and
hammerhead shark management groups, and the Atlantic aggregated LCS and
hammerhead shark management groups will close absent a transfer of
additional quota.
NMFS also analyzed landings data, catch trends, and potential
migration of the species involved (Sec. 635.27(b)(2)(iii)(C)-(D) and
(F)-(H)) and determined that under current fishing rates, 11.3 mt dw of
eastern Gulf of Mexico sub-regional aggregated LCS and 6.8 mt dw of
western Gulf of Mexico hammerhead shark management groups are
reasonable amounts of quota to transfer, allowing fishermen the
opportunity to fully utilize the available shark quotas while avoiding
negative economic impacts that would occur by closing the shark
management groups. This action will not have impacts beyond those
already analyzed in the 2006 Consolidated HMS FMP and its amendments
and thus is not expected to negatively impact the stock.
Regarding the effects of the adjustment on accomplishing the
objectives of the 2006 Consolidated HMS FMP (Sec.
635.27(b)(2)(iii)(E)), this action is consistent with the quotas
previously implemented and analyzed in the 2022 shark quota final rule
(86 FR 62737; November 12, 2021) and in the final rules implementing
Amendment 5a (78 FR 40317; July 3, 2013) and Amendment 6 to the 2006
Consolidated HMS FMP (80 FR 50073; August 18, 2015). Specifically, this
action is consistent with the objective of providing opportunities to
fully harvest shark quotas without exceeding them.
Based on the considerations above, NMFS is transferring 11.3 mt dw
of eastern Gulf of Mexico aggregated LCS sub-regional quota to the
western Gulf of Mexico aggregated LCS sub-regional quota, and 6.8 mt dw
of western Gulf of Mexico hammerhead shark sub-regional quota to the
Atlantic hammerhead shark management group quota as of June 28, 2022.
This quota transfer results in adjusted quotas of 74.2 mt dw for
aggregated LCS in the eastern Gulf of Mexico sub-region, 83.3 mt dw for
aggregated LCS and 5.1 mt dw for the hammerhead shark management group
in the western Gulf of Mexico sub-region, and 33.9 mt dw for the
hammerhead shark management group in the Atlantic region. If landings
and fishing rates do not increase substantially, transferring Gulf of
Mexico aggregated LCS sub-regional and Atlantic hammerhead shark
regional quotas could allow the fisheries in each sub-region and region
to remain open through the end of the 2022 fishing year.
Therefore, NMFS adjusts the eastern and western Gulf of Mexico
aggregated LCS and hammerhead management group sub-regional quotas and
the Atlantic hammerhead shark management group quota for the remainder
of the 2022 shark fishing year, unless NMFS announces another quota
transfer in the Federal Register or close the fishery. NMFS may also
announce future retention limit adjustments as needed throughout the
remainder of the 2022 shark fishing year.
The boundary between the Gulf of Mexico region and the Atlantic
region is defined at Sec. 635.27(b)(1) as a line beginning on the East
Coast of Florida at the mainland at 25[deg]20.4' N lat., proceeding due
east. Any water and land to the south and west of that boundary is
considered, for the purposes of monitoring and setting quotas, to be
within the Gulf of Mexico region. The boundary between the western and
eastern Gulf of Mexico sub-regions is drawn along 88[deg]00' W long.
(Sec. 635.27(b)(1)(ii)).
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act and regulations at 50 CFR part 635 and is exempt from
review under Executive Order 12866.
The Assistant Administrator for NMFS (AA) finds that it is
impracticable and contrary to the public interest to provide prior
notice of, and an opportunity for public comment on, this action for
the following reasons:
The regulations implementing the 2006 Consolidated HMS FMP and
amendments provide for inseason adjustments to respond to the
unpredictable nature of shark species availability on the fishing
grounds, the migratory nature of these species, and the regional
variations in the shark fisheries. Affording prior notice and an
opportunity for public comment regarding this quota transfer is
impracticable. NMFS could not have proposed this action earlier, as it
needed to consider and respond to updated landings data, including the
recently available data as of May 20, 2022, in deciding whether to
transfer a portion of the eastern Gulf of Mexico sub-regional
aggregated LCS quota to the western Gulf of Mexico sub-regional
aggregated LCS quota and western Gulf of Mexico sub-regional hammerhead
shark quota to the Atlantic regional hammerhead shark quota. If NMFS
was to offer a public comment period, after having appropriately
considered that data, it could preclude fishermen from harvesting
aggregated LCS and hammerhead sharks in the western Gulf of Mexico sub-
region and Atlantic region that are legally available consistent with
all of the regulatory criteria.
With quota available, and with no additional expected impacts to
the stock, it would be contrary to the public interest to preclude
fishing
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opportunities for fishermen in sub-regions or regions when quota is
still available for harvest. Analysis of available data shows that
transfer of the quota from the eastern Gulf of Mexico sub-region to the
western Gulf of Mexico sub-region would result in minimal risks of
exceeding the aggregated LCS quotas in the Gulf of Mexico region, and
transfer of the quota from the western Gulf of Mexico sub-region to the
Atlantic region would result in minimal risks of exceeding the
hammerhead shark quotas in either sub-region or region. NMFS notes that
the public had an opportunity to comment on the underlying rulemakings
that established the commercial shark quotas and the inseason
adjustment criteria. Additionally, NMFS provides notification of
inseason adjustments by publishing the notice in the Federal Register,
emailing individuals who have subscribed to the Atlantic HMS News
electronic newsletter, and updating the information posted on
<a href="http://hmspermits.noaa.gov">hmspermits.noaa.gov</a>. Therefore, the AA finds good cause under 5 U.S.C.
553(b)(B) to waive prior notice and the opportunity for public comment.
This quota transfer needs to be effective upon filing for public
inspection with the Office of the Federal Register, or as soon as
possible thereafter, to minimize any unnecessary disruption in fishing
patterns, to allow the impacted sectors to benefit from the quota
transfer, and to not preclude fishing opportunities for fishermen in
sub-regions or regions when quota is still available for harvest.
Foregoing opportunities to harvest the respective quotas may have
negative social and economic impacts for U.S. fishermen that depend
upon catching the available quota designated in the 2006 Consolidated
HMS FMP and amendments.
Therefore, the AA finds there is also good cause under 5 U.S.C.
553(d) to waive the 30-day delay in effectiveness.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: June 24, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-13922 Filed 6-28-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on June 29, 2022.
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