Atlantic Highly Migratory Species; 2023 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 2023 fishing year for the Atlantic commercial shark fisheries. Quotas would be adjusted as required or allowable based on any underharvests from the 2022 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, Gulf of Mexico, and Caribbean Sea.
Full Text
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<title>Federal Register, Volume 87 Issue 174 (Friday, September 9, 2022)</title>
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[Federal Register Volume 87, Number 174 (Friday, September 9, 2022)]
[Proposed Rules]
[Pages 55379-55387]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19473]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220902-0184; RTID 0648-XC082]
Atlantic Highly Migratory Species; 2023 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 2023 fishing year for the
Atlantic commercial shark fisheries. Quotas would be adjusted as
required or allowable based on any underharvests from the 2022 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, Gulf of Mexico, and
Caribbean Sea.
[[Page 55380]]
DATES: Written comments must be received by October 11, 2022.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2022-0064, 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-2022-0064 in the search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
Instructions: 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 Atlantic Highly Migratory Species (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 Ann Williamson
(<a href="/cdn-cgi/l/email-protection#5d3c3333732a343131343c302e32331d33323c3c733a322b"><span class="__cf_email__" data-cfemail="0c6d6262227b656060656d617f63624c62636d6d226b637a">[email protected]</span></a>) by phone at 301-427-8503.
FOR FURTHER INFORMATION CONTACT: Ann Williamson
(<a href="/cdn-cgi/l/email-protection#6607080848110f0a0a0f070b150908260809070748010910"><span class="__cf_email__" data-cfemail="30515e5e1e47595c5c59515d435f5e705e5f51511e575f46">[email protected]</span></a>), Guy DuBeck (<a href="/cdn-cgi/l/email-protection#f1968488df95849394929ab19f9e9090df969e87"><span class="__cf_email__" data-cfemail="385f4d41165c4d5a5d5b537856575959165f574e">[email protected]</span></a>), or Karyl
Brewster-Geisz (<a href="/cdn-cgi/l/email-protection#afc4ceddd6c381cdddcad8dcdbcadd82c8cac6dcd5efc1c0cece81c8c0d9"><span class="__cf_email__" data-cfemail="0962687b7065276b7b6c7e7a7d6c7b246e6c607a734967666868276e667f">[email protected]</span></a>) at 301-427-8503.
SUPPLEMENTARY INFORMATION:
Background
Atlantic shark fisheries are managed primarily under the authority
of the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) and the Atlantic Tunas
Convention Act (16 U.S.C. 971 et seq.). The 2006 Consolidated Atlantic
HMS Fishery Management Plan (2006 Consolidated HMS FMP) and its
amendments are implemented by regulations at 50 CFR part 635.
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 accountability measures for underharvests and overharvests. The
retention limits, commercial quotas, and accountability measures can be
found at 50 CFR 635.24(a), 635.27(b), and 635.28(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 management groups
with quotas that are linked. If quotas are linked, when the specified
quota threshold for one management group or species is reached and that
management group or species is closed, the linked management group or
species closes at the same time (Sec. 635.28(b)(3)). Lastly, pursuant
to Sec. 635.27(b)(2), any annual or inseason adjustments to the base
annual commercial overall, regional, or sub-regional quotas will be
published in the Federal Register.
2023 Proposed Commercial Shark Quotas
NMFS proposes to adjust the quota levels for the various shark
stocks and management groups for the 2023 Atlantic commercial shark
fishing year (i.e., January 1 through December 31, 2023) based on
underharvests that occurred during the 2022 fishing year, consistent
with existing regulations at Sec. 635.27(b). Overharvests and
underharvests are accounted for in the same region, sub-region, or
fishery in which they occurred the following year, except that large
overharvests may be spread over a 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 are declared not overfished and not experiencing
overfishing. No more than 50 percent of a base annual quota may be
carried over from a previous fishing year.
Based on 2022 harvests to date, and after considering catch rates
and landings from previous years, NMFS proposes to adjust the 2023
quotas for certain management groups as shown in Table 1. All of the
2023 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 2024 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 2022
fishing year for these management groups may be added to their
respective 2023 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 (Sec.
635.27(b)(1)(ii)(C)).
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 2022 underharvests
cannot be carried over to the 2023 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 2023 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 in dressed weight (dw) metric tons (mt). Table 1 includes landings
data as of July 15, 2022. Final quotas are subject to change based on
landings as of mid-October 2022.
[[Page 55381]]
Table 1--2023 Proposed Quotas and Opening Dates for the Atlantic Shark Management Groups
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Preliminary 2022 2023 Base annual 2023 Proposed
Region or sub-region Management group 2022 Annual quota landings \1\ Adjustments \2\ quota annual quota Season opening date
(A)................ (B)................ (C)................ (D)................ (D + C)............
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Western Gulf of Mexico........... Blacktip Sharks..... 347.2 mt........... 210.9 mt........... 115.7 mt........... 231.5 mt........... 347.2 mt........... January 1, 2023.
(765,392 lb)....... (464,908 lb)....... (225,131 lb)....... (510,261 lb)....... (765,392 lb).......
Aggregate Large 72.0 mt............ 67.3 mt............ ................... 72.0 mt............ 72.0 mt.
Coastal Sharks \3\. (158,724 lb)....... (148,371 lb)....... ................... (158,724 lb)....... (158,724 lb).......
Hammerhead Sharks 11.9 mt............ <2.0 mt............ ................... 11.9 mt............ 11.9 mt.
\4\. (26,301 lb)........ (<4,400 lb)........ ................... (26,301 lb)........ (26,301 lb)........
Eastern Gulf of Mexico........... Blacktip Sharks..... 37.7 mt............ 1.5 mt............. 12.6 mt............ 25.1 mt............ 37.7 mt.
(83,158 lb)........ (3,339 lb)......... (27,719 lb)........ (55,439 lb)........ (83,158 lb)........
Aggregate Large 85.5 mt............ 36.1 mt............ ................... 85.5 mt............ 85.5 mt.
Coastal Sharks \3\. (188,593 lb)....... (79,506 lb)........ ................... (188,593 lb)....... (188,593 lb).......
Hammerhead Sharks 13.4 mt............ 3.4 mt............. ................... 13.4 mt............ 13.4 mt.
\4\. (29,421 lb)........ (7,487 lb)......... ................... (29,421 lb)........ (29,421 lb)........
Gulf of Mexico................... Non-Blacknose Small 112.6 mt........... 17.1 mt............ ................... 112.6 mt........... 112.6 mt.
Coastal Sharks. (428,215 lb)....... (37,639 lb)........ ................... (428,215 lb)....... (428,215 lb).......
Smoothhound Sharks.. 504.6 mt........... 0.0 mt............. 168.2 mt........... 336.4 mt........... 504.6 mt.
(1,112,441 lb)..... (0 lb)............. (370,814 lb)....... (741,627 lb)....... (1,112,441 lb).....
Atlantic......................... Aggregate Large 168.9 mt........... 48.0 mt............ ................... 168.9 mt........... 168.9 mt........... January 1, 2023.
Coastal Sharks. (372,552 lb)....... (105,893 lb)....... ................... (372,552 lb)....... (372,552 lb).......
Hammerhead Sharks 27.1 mt............ 21.5 mt............ ................... 27.1 mt............ 27.1 mt.
\4\. (59,736 lb)........ (47,294 lb)........ ................... (59,736 lb)........ (59,736 lb)........
Non-Blacknose Small 264.1 mt........... 29.8 mt............ ................... 264.1 mt........... 264.1 mt.
Coastal Sharks. (582,333 lb)....... (65,727 lb)........ ................... (582,333 lb)....... (582,333 lb).......
Blacknose Sharks 17.2 mt............ 2.8 mt............. ................... 17.2 mt............ 17.2 mt.
(South of 34[deg] N (3,973,902 lb)..... (6,231 lb)......... ................... (3,973,902 lb)..... (3,973,902 lb).....
lat. Only).
Smoothhound Sharks.. 1,802.6 mt......... 176.8 mt........... 600.9 mt........... 1,201.7 mt......... 1,802.6 mt.
(3,973,902 lb)..... (389,804 lb)....... (1,324,634 lb)..... (2,649,268 lb)..... (3,973,902 lb).....
No Regional Quotas............... Non-Sandbar LCS 50.0 mt............ 2.1 mt............. ................... 50.0 mt............ 50.0 mt............ January 1, 2023.
Research. (110,230 lb)....... (4,650 lb)......... ................... (110,230 lb)....... (110,230 lb).......
Sandbar Shark 90.7 mt............ 38.2 mt............ ................... 90.7 mt............ 90.7 mt.
Research. (199,943 lb)....... (84,161 lb)........ ................... (199,943 lb)....... (199,943 lb).......
Blue Sharks......... 273.0 mt........... <1.0 mt............ ................... 273.0 mt........... 273.0 mt.
(601,856 lb)....... (<2,200 lb)........ ................... (601,856 lb)....... (601,856 lb).......
Porbeagle Sharks.... 1.7 mt............. 0.0 mt............. ................... 1.7 mt............. 1.7 mt.
(3,748 lb)......... (0 lb)............. ................... (3,748 lb)......... (3,748 lb).........
Pelagic Sharks Other 488.0 mt........... 20.6 mt............ ................... 488.0 mt........... 488.0 mt.
Than Porbeagle or (1,075,856 lb)..... (45,383 lb)........ ................... (1,075,856 lb)..... (1,075,856 lb).....
Blue.
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\1\ Landings are from January 1, 2022 through July 15, 2022 and are subject to change.
\2\ Underharvest adjustments can only be applied to stocks or management groups that are declared not overfished and have no overfishing occurring. The underharvest adjustments cannot exceed
50 percent of the base quota.
\3\ NMFS transferred 11.3 mt dw of the aggregate LCS quota from the Gulf of Mexico eastern sub-region to the western sub-region on June 28, 2022 (87 FR 38676; June 29, 2022).
\4\ NMFS transferred 6.8 mt dw of the hammerhead quota from the western Gulf of Mexico sub-region to the Atlantic region on June 28, 2022 (87 FR 38676; June 29, 2022).
Shark Management Groups Where Underharvests Can Be Carried Over
The Gulf of Mexico blacktip shark management group (which is
divided between eastern and western 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 2022 fishing year for these management groups
may be added to their respective 2023 base quotas. Reported landings
for blacktip sharks and smoothhound sharks have not exceeded their 2022
quotas to date.
Blacktip Sharks: The 2023 proposed commercial quota for blacktip
sharks in the western Gulf of Mexico sub-region is 347.2 mt dw (765,392
lb dw) and in the eastern Gulf of Mexico sub-region is 37.7 mt dw
(83,158 lb dw). As of July 15, 2022, preliminary reported landings for
blacktip sharks in the Gulf of Mexico western sub-region were at 61
percent (210.9 mt dw) of their 2022 quota (347.2 mt dw), and in the
eastern sub-region were at 4 percent (1.5 mt dw) of their 2022 quota
(37.7 mt dw). Consistent with Sec. 635.27(b)(1)(ii)(C), any
underharvest would be divided between the two Gulf of Mexico sub-
regions based on the percentages that are allocated to each sub-region
(i.e., 90.2 percent to the western sub-region and 9.8 percent to the
eastern sub-region). As of July 15, 2022, the overall Gulf of Mexico
blacktip shark management group is underharvested by 172.5 mt dw
(380,303 lb dw). The proposed 2023 adjusted base annual quota for
blacktip sharks in the western Gulf of Mexico sub-region is 347.2 mt dw
(231.5 mt dw annual base quota + 115.7 mt dw 2022 underharvest = 347.2
mt dw 2023 adjusted annual quota) and in the eastern Gulf of Mexico
sub-region is 37.7 mt dw (25.1 mt dw annual base quota + 12.6 mt dw
2022 underharvest = 37.7 adjusted annual quota).
Smoothhound Sharks: The 2023 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 15, 2022, there have been no smoothhound
shark landings in the Gulf
[[Page 55382]]
of Mexico region, and 10 percent (176.8 mt dw) of their 2022 quota
(1,802.6 mt dw) has been landed in the Atlantic region. NMFS proposes
to adjust the 2023 Gulf of Mexico and Atlantic smoothhound shark quotas
for anticipated underharvests in 2022 to the full extent allowed. The
proposed 2023 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 2022
underharvest = 504.6 mt dw 2023 adjusted annual quota) and for Atlantic
smoothhound sharks is 1,802.6 mt dw (1,201.7 mt dw annual base quota +
600.9 mt dw 2022 underharvest = 1,802.6 mt dw 2023 adjusted annual
quota).
Shark Management Groups Where Underharvests Cannot Be Carried Over
Consistent with the current regulations at Sec. 635.27(b)(2)(ii),
2022 underharvests cannot be carried over to the 2023 fishing year for
the following stocks or management groups because they are overfished,
are experiencing overfishing, or have an unknown status: sandbar shark,
aggregated LCS, hammerhead shark, non-blacknose SCS, blacknose shark,
blue shark, porbeagle shark, and pelagic shark (other than porbeagle or
blue sharks) management groups. For these stocks, the 2023 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.
Aggregate LCS: The 2023 proposed commercial quota for aggregated
LCS in the western Gulf of Mexico sub-region is 72.0 mt dw (158,724 lb
dw) and in the eastern Gulf of Mexico sub-region is 85.5 mt dw (188,593
lb dw). The 2023 proposed commercial quota for aggregated LCS in the
Atlantic region is 168.9 mt dw (372,552 lb dw). In a recent action,
NMFS transferred 11.3 mt dw of aggregate LCS quota from the eastern
Gulf of Mexico sub-region to the western Gulf of Mexico sub-region (87
FR 38676; June 29, 2022). That inseason quota transfer would not impact
the proposed actions in this rulemaking. As of July 15, 2022,
preliminary reported landings for aggregated LCS in the western Gulf of
Mexico sub-region were 81 percent (67.3 mt dw) of their 2022 quota
(72.0 mt dw), in the eastern Gulf of Mexico sub-region were 49 percent
(36.1 mt dw) of their 2022 quota (85.5 mt dw), and in the Atlantic
region were 28 percent (48.0 mt dw) of their 2022 quota (168.9 mt dw).
Reported landings from both Gulf of Mexico sub-regions and the Atlantic
region have not exceeded the 2022 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 preliminary estimates and catch rates from previous years,
NMFS proposes that the 2023 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.
Hammerhead Sharks: The 2023 proposed commercial quotas for
hammerhead sharks in the western Gulf of Mexico sub-region is 11.9 mt
dw (26,301 lb dw) and eastern Gulf of Mexico sub-region is 13.4 mt dw
(29,421 lb dw). The 2023 proposed commercial quota for hammerhead
sharks in the Atlantic region is 27.1 mt dw (59,736 lb dw). In a recent
action, NMFS transferred 6.8 mt dw of hammerhead shark quota from
western Gulf of Mexico sub-region to the Atlantic region (87 FR 38676;
June 29, 2022). That inseason quota transfer would not impact the
proposed actions in this rulemaking. As of July 15, 2022, preliminary
reported landings of hammerhead sharks in the western Gulf of Mexico
sub-region were less than 40 percent (<2.0 mt dw) of their 2022 quota
(11.9 mt dw), in the eastern Gulf of Mexico sub-region were at 25
percent (3.4 mt dw) of their 2022 quota (13.4 mt dw), and in the
Atlantic region were at 63 percent (21.5 mt dw) of their 2022 quota
(27.1 mt dw). Reported landings from the Gulf of Mexico sub-regions and
the Atlantic region have not exceeded the 2022 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 preliminary estimates and catch rates from previous years,
NMFS proposes that the 2023 quotas for hammerhead sharks in the western
and eastern Gulf of Mexico sub-regions and Atlantic region be equal to
their annual base quotas without adjustment.
Blacknose Sharks: The 2023 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. As of July 15,
2022, preliminary reported landings of blacknose sharks in the Atlantic
region were at 16 percent (2.8 mt dw) of their 2022 quota (17.2 mt dw).
Given the overfished status of the blacknose shark, the blacknose shark
quota cannot be adjusted for any underharvests. Based on preliminary
estimates and catch rates from previous years, NMFS proposes that the
2023 quota for blacknose sharks in the Atlantic region be equal to
their annual base quota without adjustment.
Non-Blacknose SCS: The 2023 proposed commercial quota for non-
blacknose SCS in the Gulf of Mexico region is 112.6 mt dw (428,215 lb
dw) and in the Atlantic region is 264.1 mt dw (582,333 lb dw). As of
July 15, 2022, preliminary reported landings of non-blacknose SCS in
the Gulf of Mexico were at 15 percent (17.1 mt dw) of their 2022 quota
(112.6 mt dw) and in the Atlantic region were at 11 percent (29.8 mt
dw) of their 2022 quota (264.1 mt). Given the unknown status of
bonnethead sharks within Atlantic and Gulf of Mexico non-blacknose SCS
management groups, underharvests cannot be carried forward. Based on
preliminary estimates and catch rates from previous years, NMFS
proposes that the 2023 quotas for non-blacknose SCS in the Gulf of
Mexico and Atlantic regions be equal to their annual base quotas
without adjustment.
Blue Sharks, Porbeagle Sharks, and Pelagic Sharks (Other Than
Porbeagle and Blue Sharks): The 2023 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. On July 1, 2022,
NMFS published a final rule that establishes a shortfin mako shark
retention limit of zero in commercial and recreational Atlantic HMS
fisheries, consistent with a 2021 ICCAT recommendation (87 FR 39373).
Retention of shortfin mako sharks was previously permitted, consistent
with existing regulations, as part of the pelagic sharks complex. As of
July 15, 2022, there have been no porbeagle shark landings, landings of
blue sharks were less than 1 percent (<1.0 mt) of their 2022 quota
(273.0 mt), and landings of pelagic sharks (other than porbeagle and
blue sharks) were at 4 percent (20.6 mt dw) of their 2022 quota (488.0
mt dw). Given that all of 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 2023 quotas for blue sharks,
porbeagle sharks, and pelagic sharks (other than porbeagle and blue
sharks) be equal to their annual base quotas without adjustment.
Shark Research Fishery: The 2023 proposed commercial quotas within
the shark research fishery are 50.0 mt dw (110,230 lb dw) for research
LCS and
[[Page 55383]]
90.7 mt dw (199,943 lb dw) for sandbar sharks. Within the shark
research fishery, as of July 15, 2022, preliminary reported landings of
research LCS were at 4 percent (2.1 mt dw) of their 2022 quota (50.0 mt
dw) and sandbar shark reported landings were at 42 percent (38.2 mt dw)
of their 2022 quota (90.7 mt dw). 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 2023 quotas in the shark research
fishery be equal to their annual base quotas without adjustment.
Proposed Opening Dates and Retention Limits
In proposing the commercial shark fishing season opening dates for
all regions and sub-regions, NMFS considered the ``Opening Commercial
Fishing Season Criteria,'' listed at Sec. 635.27(b)(3):
<bullet> The available annual quotas for the current fishing
season;
<bullet> Estimated season length and average weekly catch rates
from previous years;
<bullet> Length of the season and fishery participation in past
years;
<bullet> Temporal variation in behavior or biology of target
species (e.g., seasonal distribution or abundance);
<bullet> Impact of catch rates in one region on another region;
<bullet> Effects of the adjustment on accomplishing the objectives
of the 2006 Consolidated HMS FMP and its amendments; and
<bullet> Effects of delayed openings.
When analyzing the criteria to open a commercial fishing season,
NMFS considers the underharvests of the different management groups in
the 2022 fishing year to determine the likely effects of the proposed
commercial quotas for 2023 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 assesses the seasonal
variation of the different species and management groups, as well as
seasonal variation in 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 publishes a notice of inseason adjustment in
the Federal Register (Sec. 635.24(a)(2)). NMFS may adjust the
retention limit from 0 to 55 LCS other than sandbar sharks per vessel
per trip if the respective LCS management group is open under
Sec. Sec. 635.27 and 635.28.
NMFS also considered the seven ``Inseason Trip Limit Adjustment
Criteria'' listed at Sec. 635.24(a)(8):
<bullet> The amount of remaining shark quota in the relevant area,
region, or sub-region, to date, based on dealer reports;
<bullet> The catch rates of the relevant shark species/complexes in
the region or sub-region, to date, based on dealer reports;
<bullet> 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;
<bullet> Effects of the adjustment on accomplishing the objectives
of the 2006 Consolidated HMS FMP and its amendments;
<bullet> Variations in seasonal distribution, abundance, or
migratory patterns of the relevant shark species based on scientific
and fishery-based knowledge;
<bullet> 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; and/or
<bullet> Any shark retention allowance set by ICCAT, the amount of
remaining allowance, and the expected or reported catch rates of the
relevant shark species, based on dealer and other harvest reports.
When analyzing the inseason adjustment criteria, NMFS examines
landings submitted in dealer reports on a weekly basis and catch rates
based upon those dealer reports. NMFS has found that, to date, landings
and subsequent quotas have not been exceeded. Given the pattern of
landings over previous years, seasonal distribution of the species and
management groups have not had an effect on the landings within a
region or sub-region.
After considering both sets of criteria in Sec. Sec. 635.24 and
635.28, NMFS is proposing to open the 2023 Atlantic commercial shark
fishing season for all shark management groups in the northwestern
Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea, on
January 1, 2023, after the publication of the final rule for this
action (Table 2). NMFS proposes to open the season on January 1, 2023,
but recognizes that the actual opening date is contingent upon
publication of the final rule in the Federal Register, and may vary
accordingly. NMFS is also proposing to start the 2023 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). The final retention limits could change as a result of public
comments and/or updated catch rates and landings information submitted
in dealer reports.
Table 2--Quota Linkages, Season Opening Dates, and Commercial Retention Limit by Regional or Sub-Regional Shark
Management Group
----------------------------------------------------------------------------------------------------------------
Commercial
retention limits
Region or sub-region Management group Quota linkages \1\ Season opening for directed shark
date limited access
permit holders \2\
----------------------------------------------------------------------------------------------------------------
Western Gulf of Mexico.......... Blacktip Sharks... Not Linked........ January 1, 2023... 55 LCS other than
sandbar sharks
per vessel per
trip.
Aggregate Large Linked............
Coastal Sharks.
Hammerhead Sharks.
Eastern Gulf of Mexico.......... Blacktip Sharks... Not Linked........ January 1, 2023... 55 LCS other than
sandbar sharks
per vessel per
trip.
Aggregate Large Linked............
Coastal Sharks.
Hammerhead Sharks.
Gulf of Mexico.................. Non-Blacknose Not Linked........ January 1, 2023... N/A.
Small Coastal
Sharks.
Smoothhound Sharks Not Linked........ January 1, 2023... N/A.
[[Page 55384]]
Atlantic........................ Aggregate Large Linked............ January 1, 2023... 55 LCS other than
Coastal Sharks. sandbar sharks
per vessel per
trip.
Hammerhead Sharks.
Non-Blacknose Linked (South of January 1, 2023... N/A.
Small Coastal 34[deg] N lat.
Sharks. Only).
Blacknose Sharks 8 blacknose sharks
(South of 34[deg] per vessel per
N lat. Only). trip.\3\
Smoothhound Sharks Not Linked........ January 1, 2023... N/A.
No Regional Quotas.............. Non-Sandbar LCS Linked \4\........ January 1, 2023... N/A.
Research.
Sandbar Shark
Research.
Blue Sharks....... Not Linked........ January 1, 2023... N/A.
Porbeagle Sharks..
Pelagic Sharks
Other Than
Porbeagle or Blue.
----------------------------------------------------------------------------------------------------------------
\1\ Section 635.28(b)(4) lists species and management groups with quotas that are linked. If quotas are linked,
when the specified quota threshold for one management group or species is reached and that management group or
species is closed, the linked management group or species closes at the same time (Sec. 635.28(b)(3)).
\2\ Inseason adjustments are possible.
\3\ Applies to Shark Directed and Shark Incidental permit holders.
\4\ Shark research permits ``terms and conditions'' state that when the individual sandbar or research LCS
quotas authorized by the permit are landed, all fishing trips under the permit must stop.
In the eastern and western Gulf of Mexico sub-regions, NMFS
proposes opening the fishing season on January 1, 2023, for the
aggregated LCS, blacktip shark, and hammerhead shark management groups,
with a commercial retention limit 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)(iii)). 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. Sec. 635.27(b)(3)(v) and 635.24(a)(2) and
(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 2022 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 15, 2022,
indicate that 66 percent (103.4 mt dw), 55 percent (212.4 mt dw), and
29 percent (5.0 mt dw) of the available aggregated LCS, blacktip shark,
and hammerhead shark quotas, respectively, have been harvested.
Therefore, for 2023, NMFS is proposing opening both the eastern and
western Gulf of Mexico sub-regions with a commercial retention limit of
55 LCS 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, 2023. 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 2022 data
indicate that an opening date of January 1 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
proposed 2023 quotas and season lengths are the same as they were in
2022, NMFS anticipates that the participation of various fishermen
throughout the region, would be similar in 2023 (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)), because it provides equal fishing
opportunities for fishermen to fully utilize the available quotas.
Considering the reduced landings in the past 5 years, NMFS proposes to
open the aggregated LCS and hammerhead shark management groups for the
2023 fishing year on January 1, 2023, 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 regional or sub-regional commercial fisheries for shark
management groups would remain open until December 31, 2023, or until
NMFS determines that the landings for any shark management group are
projected to reach 80 percent of the quota given the realized catch
rates and are projected to reach 100 percent of the quota before the
end of the fishing season, or until a quota-linked species or
management group is closed. If NMFS determines that a non-quota-linked
shark species or management group fishery must be closed, then,
consistent with Sec. 635.28(b)(2) for non-
[[Page 55385]]
linked quotas (e.g., eastern Gulf of Mexico blacktip sharks, western
Gulf of Mexico blacktip sharks, 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. The
closure will be effective no fewer than 4 days from the date of filing
for public inspection with the Office of the Federal Register.
For the regional or sub-regional Gulf of Mexico blacktip shark
management group(s), regulations at Sec. 635.28(b)(5)(i) through (v)
authorize NMFS to close the management group(s) before landings have
reached, or are projected to reach, 80 percent of the quota after
considering the 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 of blacktip sharks,
hammerhead sharks, and aggregated LCS; 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 publishes in the Federal Register a notice
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. The closure will be effective no fewer than 4 days from the date
of filing for public inspection with the Office of the Federal
Register. In that event, from the effective date and time of the
closure until the season is reopened and additional quota is available
(via publication of another 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
sharks 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 October 11, 2022 (see DATES
and ADDRESSES).
Classification
The NMFS Assistant Administrator has determined that this proposed
rule is consistent with the 2006 Consolidated HMS FMP and its
amendments, the Magnuson-Stevens Act, and other applicable law, subject
to further consideration after public comment.
This rulemaking would implement previously adopted and analyzed
measures with adjustments, as specified in the 2006 Consolidated HMS
FMP and its amendments, and the Environmental Assessment (EA) that
accompanied the 2011 Atlantic shark commercial fishing year rule (75 FR
76302; December 8, 2010). Impacts have been evaluated and analyzed in
Amendment 2 (73 FR 35778; June 24, 2008; corrected 73 FR 40658; July
15, 2008), Amendment 3 (75 FR 30484; June 1, 2010; corrected 75 FR
50715; August 17, 2010), Amendment 5a (78 FR 40318; July 3, 2013),
Amendment 6 (80 FR 50073; August 18, 2015), and Amendment 9 (80 FR
73128; November 24, 2015) to the 2006 Consolidated HMS FMP, and in the
Final Environmental Impact Statements (FEISs) for Amendments 2, 3, and
5a, and the 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, NMFS prepared an EA with the 2011
Atlantic shark commercial fishing year 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 analysis is not warranted
for this proposed rule.
This action is exempt from review under Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The factual basis for this determination is as follows.
This proposed rule would adjust quotas and retention limits and
establish the opening date for the 2023 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 2022
fishing year. NMFS has limited flexibility to otherwise modify the
quotas in this proposed rule. We note that the impacts of the quotas
(and any potential modifications based on overharvests or underharvests
from the previous fishing year) were analyzed in previous regulatory
flexibility analyses, including the initial regulatory flexibility
analysis and the final regulatory flexibility analysis that accompanied
the 2011 Atlantic shark commercial fishing year rule (75 FR 76302;
December 8, 2010). That final rule established the opening dates and
quotas for the 2011 fishing season and implemented new adaptive
management measures, including flexible opening dates and inseason
adjustments to shark trip limits. Consistent with the adaptive
management measures implemented in 2011 and based on the most recent
data, in this action 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.
This proposed rule's measures could affect fishing opportunities
for commercial shark fishermen in the
[[Page 55386]]
northwestern Atlantic Ocean, Gulf of Mexico, and Caribbean Sea. Section
603(b)(3) of the Regulatory Flexibility Act (RFA) requires agencies to
provide an estimate of the number of small entities to which the rule
would apply. 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 to
provide 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 that 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. The 2011 initial
regulatory flexibility analysis/final regulatory flexibility analysis
analyzed the overall number of limited access permits, which covers all
of our active participants today. NMFS still considers all HMS permit
holders to be small entities because they have average annual receipts
of less than $11 million for commercial fishing.
As of June 2022, this proposed rule would apply to the
approximately 209 directed commercial shark permit holders, 251
incidental commercial shark permit holders, 198 smoothhound shark
permit holders, and 70 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 this
year, 15 permit holders landed sharks in the Gulf of Mexico region, and
53 landed sharks in the Atlantic region. Of the 198 smoothhound shark
permit holders, to date this year, 60 permit holders landed smoothhound
sharks in the Atlantic region, and only 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 2022 ex-vessel prices (Table 3), fully harvesting the
unadjusted 2023 Atlantic shark commercial base quotas could result in
estimated total fleet revenues of $9,779,528. For adjusted management
groups, the following are changes in potential revenues resulting from
the adjustments proposed in this rule. For the Gulf of Mexico blacktip
shark management group, NMFS is proposing to adjust the base sub-
regional quotas upward due to underharvests in 2022. The increase for
the western Gulf of Mexico blacktip shark management group could result
in a potential $196,451 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 potential $34,094 gain in
total revenues for 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 underharvest in 2022. This would cause
a potential gain in revenue of $463,518 for the fleet in the Gulf of
Mexico region, and a potential gain in revenue of $1,377,619 for the
fleet in the Atlantic region. Since a small business is defined as
having annual receipts not in excess of $11 million, and each
individual shark fishing vessel would be its own entity, the total
Atlantic shark fishery is within the small entity definition since the
total revenue is less than $12 million (i.e., the estimated total fleet
revenues plus the potential gain in revenues due to underharvest). NMFS
has also determined that the proposed rule would not likely affect any
small governmental jurisdictions.
Table 3--Average Ex-Vessel Prices per lb dw for Each Shark Management Group, 2022
----------------------------------------------------------------------------------------------------------------
Average ex- Average ex-
Region Species vessel meat vessel fin
price price
----------------------------------------------------------------------------------------------------------------
Western Gulf of Mexico........................ Blacktip Shark.................. $0.77 ..............
Aggregated LCS.................. 0.70 ..............
Hammerhead Shark................ 0.70 ..............
Eastern Gulf of Mexico........................ Blacktip Shark.................. 1.23 ..............
Aggregated LCS.................. 1.03 ..............
Hammerhead Shark................ 0.91 ..............
Gulf of Mexico................................ Non-Blacknose SCS............... 0.69 ..............
Smoothhound Shark............... 1.25 ..............
Atlantic...................................... Aggregated LCS.................. 1.21 ..............
Hammerhead Shark................ 0.69 ..............
Non-Blacknose SCS............... 1.16 ..............
Blacknose Shark................. 1.47 ..............
Smoothhound Shark............... 1.04 ..............
No Region..................................... Shark Research Fishery 0.97 ..............
(Aggregated LCS).
Shark Research Fishery (Sandbar 1.15 ..............
only).
Blue shark...................... .............. ..............
Porbeagle shark................. .............. ..............
Other Pelagic sharks............ 1.44 ..............
All........................................... Shark Fins...................... .............. $6.04
Atlantic...................................... Shark Fins...................... .............. 1.80
GOM........................................... Shark Fins...................... .............. 8.58
----------------------------------------------------------------------------------------------------------------
All of these changes in gross revenues are similar to the gross
revenues analyzed in the 2006 Consolidated HMS FMP and its Amendments
2, 3, 5a, 6, and 9. 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
[[Page 55387]]
action are expected to be minimal. In accordance with the 2006
Consolidated HMS FMP, as amended, NMFS now conducts annual rulemakings
in which NMFS considers the potential economic impacts of adjusting the
quotas for underharvests and overharvests. For the adjustments included
in this proposed rule, NMFS concludes that the effects this proposed
rule would have on small entities would be minimal.
In conclusion, although this proposed rule would adjust quotas and
retention limits and establish the opening date for the 2023 fishing
year for the Atlantic commercial shark fisheries, this proposed rule
does not change the regulations and management measures currently in
place that govern commercial shark fishing in Federal waters of the
northwestern Atlantic Ocean, Gulf of Mexico, and Caribbean Sea.
Furthermore, as described above, 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, because, for the most
part, the proposed quotas, retention limits (except for shortfin mako
shark), and opening dates are the same as those for last year. In
addition, as described above, for the areas in which this action
proposes adjustments, the increases in revenues for the participating
small entities are minimal. 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: September 6, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2022-19473 Filed 9-8-22; 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.