Rule2022-24643
Atlantic Highly Migratory Species; 2023 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 14, 2022
Effective
January 1, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This final rule adjusts the quotas and retention limits and establishes the opening date for the 2023 fishing year for the Atlantic commercial shark fisheries. Quotas are adjusted as required or allowable based on underharvests from the 2022 fishing year. NMFS establishes 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 final 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 218 (Monday, November 14, 2022)</title>
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[Federal Register Volume 87, Number 218 (Monday, November 14, 2022)]
[Rules and Regulations]
[Pages 68104-68108]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24643]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 221107-0236; 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: Final rule.
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SUMMARY: This final rule adjusts the quotas and retention limits and
establishes the opening date for the 2023 fishing year for the Atlantic
commercial shark fisheries. Quotas are adjusted as required or
allowable based on underharvests from the 2022 fishing year. NMFS
establishes 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 final measures
could affect fishing opportunities for commercial shark fishermen in
the northwestern Atlantic Ocean, Gulf of Mexico, and Caribbean Sea.
DATES: This final rule is effective on January 1, 2023. The 2023
Atlantic shark commercial fishing year opens on January 1, 2023 for all
species and regions.
ADDRESSES: Electronic copies of this final rule and supporting
documents (including the annual Atlantic Highly Migratory Species (HMS)
Stock Assessment and Fishery Evaluation Report and the Atlantic HMS
Best Scientific Information Available Regional Framework (BSIA Regional
Framework)) are available from the Atlantic 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 at
<a href="/cdn-cgi/l/email-protection#97f6f9f9b9e0fefbfbfef6fae4f8f9d7f9f8f6f6b9f0f8e1"><span class="__cf_email__" data-cfemail="42232c2c6c352b2e2e2b232f312d2c022c2d23236c252d34">[email protected]</span></a> or 301-427-8503.
FOR FURTHER INFORMATION CONTACT: Ann Williamson
(<a href="/cdn-cgi/l/email-protection#1677787838617f7a7a7f777b657978567879777738717960"><span class="__cf_email__" data-cfemail="31505f5f1f46585d5d58505c425e5f715f5e50501f565e47">[email protected]</span></a>), Guy DuBeck (<a href="/cdn-cgi/l/email-protection#c8afbdb1e6acbdaaadaba388a6a7a9a9e6afa7be"><span class="__cf_email__" data-cfemail="2a4d5f53044e5f484f49416a44454b4b044d455c">[email protected]</span></a>), or Karyl
Brewster-Geisz (<a href="/cdn-cgi/l/email-protection#553e34272c397b37273022262130277832303c262f153b3a34347b323a23"><span class="__cf_email__" data-cfemail="f893998a8194d69a8a9d8f8b8c9d8ad59f9d918b82b896979999d69f978e">[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, 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.
Background information about the need to adjust the quotas and
retention limits and establish the opening date for the 2023 fishing
year for the Atlantic commercial shark fisheries was provided in the
proposed rule (87 FR 55379, September 9, 2022) and is not repeated
here. The comment period for the proposed rule closed on October 11,
2022. NMFS received 99 written comments, the majority of which were
form letter submissions. Summaries of the comments received, and our
responses to those comments, are in the Response to Comments section.
Similar comments are combined, where appropriate. After reviewing and
considering all the public comments received on the proposed rule, NMFS
is finalizing the rule as proposed.
2023 Commercial Shark Quotas
In this final rule, NMFS adjusts 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). 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 that were reported by September 30, 2022,
and after considering catch rates and landings from previous years,
with this final rule, NMFS adjusts the 2023 quotas for certain
management groups as shown in Table 1. 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. A description of the calculations for each
stock and management group is provided in the proposed rule and is not
repeated here.
Table 1--2023 Quotas and Opening Dates for the Atlantic Shark Management Groups
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Preliminary
Region or sub-region Management group 2022 Annual 2022 landings Adjustments 2023 Base 2023 Final Season opening
quota \1\ \2\ annual quota annual quota date
(A) (B) (C) (D) (D + C)
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Western Gulf of Mexico.......... Blacktip Sharks.... 347.2 mt 220.1 mt 115.7 mt 231.5 mt 347.2 mt January 1, 2023.
(765,392 lb) (485,297 lb) (255,131 lb) (510,261 (765,392 lb).
lb)
Aggregate Large 72.0 mt 68.0 mt .............. 72.0 mt 72.0 mt
Coastal Sharks \3\. (158,724 lb) (149,951 lb) (158,724 (158,724 lb).
lb)
[[Page 68105]]
Hammerhead Sharks 11.9 mt (26,301 <2.0 mt .............. 11.9 mt 11.9 mt
\4\. lb) (<4,409 lb) (26,301 lb) (26,301 lb).
Eastern Gulf of Mexico.......... Blacktip Sharks.... 37.7 mt (83,158 5.2 mt (11,548 12.6 mt 25.1 mt 37.7 mt
lb) lb) (27,719 lb) (55,439 lb) (83,158 lb).
Aggregate Large 85.5 mt 25.5 mt .............. 85.5 mt 85.5 mt
Coastal Sharks \3\. (188,593 lb) (56,230 lb) (188,593 (188,593 lb).
lb)
Hammerhead Sharks 13.4 mt (29,421 3.6 mt (7,899 .............. 13.4 mt 13.4 mt
\4\. lb) lb) (29,421 lb) (29,421 lb).
Gulf of Mexico.................. Non-Blacknose Small 112.6 mt 27.3 mt .............. 112.6 mt 112.6 mt
Coastal Sharks. (428,215 lb) (60,289 lb) (428,215 (428,215 lb).
lb)
Smoothhound Sharks. 504.6 mt <1.0 mt 168.2 mt 336.4 mt 504.6 mt
(1,112,441 lb) (<2,205 lb) (370,814 lb) (741,627 (1,112,441
lb) lb).
Atlantic........................ Aggregate Large 168.9 mt 61.4 mt .............. 168.9 mt 168.9 mt January 1, 2023.
Coastal Sharks. (372,552 lb) (135,422 lb) (372,552 (372,552 lb).
lb)
Hammerhead Sharks 27.1 mt (59,736 23.4 mt .............. 27.1 mt 27.1 mt
\4\. lb) (51,510 lb) (59,736 lb) (59,736 lb).
Non-Blacknose Small 264.1 mt 47.5 mt .............. 264.1 mt 264.1 mt
Coastal Sharks. (582,333 lb) (104,635 lb) (582,333 (582,333 lb).
lb)
Blacknose Sharks 17.2 mt 3.5 mt (7,673 .............. 17.2 mt 17.2 mt
(South of 34[deg] (3,973,902 lb) lb) (3,973,902 (3,973,902
N. lat. Only). lb) lb).
Smoothhound Sharks. 1,802.6 mt 267.7 mt 600.9 mt 1,201.7 mt 1,802.6 mt
(3,973,902 lb) (590,205 lb) (1,324,634 (2,649,268 (3,973,902
lb) lb) lb).
No Regional Quotas.............. Non-Sandbar Large 50.0 mt 2.3 mt (4,983 .............. 50.0 mt 50.0 mt January 1, 2023.
Coastal Shark (110,230 lb) lb) (110,230 (110,230 lb).
Research. lb)
Sandbar Shark 90.7 mt 39.4 mt .............. 90.7 mt 90.7 mt
Research. (199,943 lb) (86,809 lb) (199,943 (199,943 lb).
lb)
Blue Sharks........ 273.0 mt <1.0 mt .............. 273.0 mt 273.0 mt
(601,856 lb) (<2,205 lb) (601,856 (601,856 lb).
lb)
Porbeagle Sharks... 1.7 mt (3,748 0.0 mt (0 lb) .............. 1.7 mt 1.7 mt (3,748
lb) (3,748 lb) lb).
Pelagic Sharks 488.0 mt 22.5 mt .............. 488.0 mt 488.0 mt
Other Than (1,075,856 lb) (49,622 lb) (1,075,856 (1,075,856
Porbeagle or Blue. lb) lb).
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Note: All quotas and landings are dressed weight (dw).
\1\ Landings are from January 1-September 30, 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 Large Coastal Shark 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).
Opening Dates and Retention Limits
After considering the ``Opening Commercial Fishing Season
Criteria'' listed at Sec. 635.27(b)(3), and ``Inseason Trip Limit
Adjustment Criteria'' listed at Sec. 635.24(a)(8), NMFS is opening the
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 (Table 2). NMFS is also starting
the 2023 commercial shark fishing season with the commercial retention
limit of 55 large coastal sharks (LCS) other than sandbar sharks per
vessel per trip in both the eastern and western Gulf of Mexico sub-
regions as well as in the Atlantic region (Table 2). 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)).
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. For the regional or sub-regional Gulf of
Mexico blacktip shark management group(s), regulations at Sec.
635.28(b)(5)(i) through (v) authorize NMFS to close the management
group(s) before landings have reached, or are projected to reach, 80
percent of the quota after considering the criteria and other relevant
factors. NMFS manages each Atlantic shark management group by using a
specific commercial annual catch limit, with some linkages among shark
management groups whose species are often caught together. The linked
and non-linked quotas are shown in Table 2.
If NMFS determines that a shark species or management group fishery
must be closed, then 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. 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.
Table 2--Quota Linkages, Season Opening Dates, and Commercial Retention Limit by Regional or Sub-Regional Shark
Management Group
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Commercial
retention limits
Region or sub-region Management group Quota linkages \1\ Season opening for directed shark
date limited access
permit holders \2\
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Western Gulf of Mexico.......... Blacktip Sharks... Not Linked........ January 1, 2023... 55 LCS other than
Aggregate Large Linked............ sandbar sharks
Coastal Sharks. per vessel per
trip.
[[Page 68106]]
Hammerhead Sharks.
Eastern Gulf of Mexico.......... Blacktip Sharks... Not Linked........ January 1, 2023... 55 LCS other than
Aggregate Large Linked............ sandbar sharks
Coastal Sharks. per vessel per
trip.
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.
Atlantic........................ Aggregate Large Linked............ January 1, 2023... 55 LCS other than
Coastal Sharks. sandbar sharks
Hammerhead Sharks. per vessel per
trip.
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 per vessel per
[deg] N lat. trip.\3\
Only).
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.
Response to Comments
Written comments can be found at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a> by
searching ``NOAA-NMFS-2022-0064.'' Below, NMFS summarizes and responds
to the 99 written comments received on the proposed rule during the
comment period. The majority of written comments were form letter
submissions and are covered by Comment 1. Similar comments are
combined, where appropriate.
Comment 1: NMFS received numerous comments regarding the proposed
quotas and retention limits. Several commenters opposed the carry-over
of quota underharvests to the next fishing year because they believed
that shark species must recover from a global increase in fishing
pressure and that the carry-over would lead to population decline.
Other commenters recommended that the base quotas and retention limits
be reduced. Many of these commenters stated that quotas are not fully
harvested because there are not enough sharks. Some commenters
requested a prohibition on all shark fishing.
Response: The purpose of this action is to adjust the quotas and
retention limits and establish the opening date for the 2023 fishing
year for Atlantic shark commercial fisheries. This action 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.
Consistent with existing regulations at Sec. 635.27(b),
unharvested quota may be added to the quota for the next fishing year
for shark management groups that have shark stocks that are declared
not overfished and not experiencing overfishing. 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 previously determined that the carry-over of quota underharvests
(up to 50 percent of the base annual quota) for stocks that are not
overfished with no overfishing occurring would not impact the health of
the stock (see Amendment 6 and Amendment 9 to the 2006 Consolidated HMS
FMP (80 FR 50073, August 18, 2015; 80 FR 73128, November 24, 2015)).
NMFS is not carrying forward quota underharvests for any other shark
species or management group. Additionally, NMFS is not changing the
base quotas or retention limits in this rule.
Furthermore, NMFS is required, under the Magnuson-Stevens Act, to
foster the long-term biological and economic sustainability of shark
fisheries. The majority of sharks harvested in the United States are
species with above-target population levels, and rebuilding plans are
in place for all overfished species. While there are several shark
species that cannot be retained, the primary objective of this final
rule is to adjust the base quotas and retention limits as necessary and
consistent with existing regulations at Sec. Sec. 635.24(a) and
635.27(b). Prohibiting all shark fishing is contrary to that objective
and to the requirements of the Magnuson-Stevens Act.
Comment 2: NMFS received a few comments regarding the data used to
adjust the quotas and set the retention limits for the 2023 Atlantic
shark commercial fishing year. One commenter generically challenged the
accuracy of the data. Another commenter urged NMFS to continue research
on shark stocks for improved data and informed management measures.
Response: NMFS uses the best scientific information available
(BSIA) to effectively manage the Atlantic shark stocks (Sec. 600.315).
In May 2022, NMFS announced the availability of the BSIA Regional
Framework (see ADDRESSES). As described in the BSIA Regional Framework,
NMFS may consider as BSIA the stock assessments resulting from the
processes undertaken by the International Commission for the
Conservation of Atlantic Tunas and the SouthEast Data Assessment and
Review, as well as third-party external stock assessments that are
approved for use in management by NMFS. The BSIA Regional Framework
also clarifies roles
[[Page 68107]]
and responsibilities of NMFS and collaborative bodies, and increases
transparency in how BSIA determinations are made as part of the
management process. All the data and stock assessments referenced in
establishing the base quotas and retention limits for this rule are
consistent with the BSIA Regional Framework and the Magnuson-Stevens
Act.
Furthermore, commercial fishermen with a shark permit must report
fishing activities in an approved logbook (Sec. 635.5(a)(1)). Logbook
entries must be species-specific and include weighout slips, among
other requirements. Through improved commercial quota monitoring
technology and the requirement that Atlantic HMS dealers submit weekly
electronic reports on commercial-harvested Atlantic sharks, NMFS
actively monitors commercial landings of all shark species and ensures
that any necessary inseason management measures, such as fishery
closures, occur in an efficient and timely manner. Fishermen or dealers
who do not follow the regulations regarding reporting are subject to
enforcement action.
Regarding research on shark stocks, NMFS uses recent research in
all shark stock assessments. Additionally, NMFS works in conjunction
with partners to collect scientific and biological data regarding
sharks from a variety of sources, including fishery observers, fishery
surveys, and the shark research fishery (Sec. 635.32(f)). More
information on the research and data that are collected every year can
be found in the annual Atlantic HMS Stock Assessment and Fishery
Evaluation Report (see ADDRESSES).
Comment 3: Several commenters stated that this rulemaking is
equivalent to a shark cull.
Response: The term ``shark cull'' refers to efforts that are made
to deliberately decimate shark populations. Such efforts are contrary
to NMFS' mission and the objectives of this rulemaking. NMFS is
responsible for managing sustainable commercial and recreational
Atlantic shark fisheries consistent with the Magnuson-Stevens Act and
other applicable laws. To that end, NMFS established baseline quotas
for various Atlantic shark management groups in the 2006 Consolidated
HMS FMP and its amendments. These baseline quotas were established to
achieve optimum yield and also to prevent overfishing and ensure
rebuilding of overfished stocks (Sec. 600.310). NMFS adjusts these
baseline quotas, as needed and as consistent with the regulations, on
an annual basis as a result of overharvest or underharvests in previous
years. Because these quotas are based on BSIA, NMFS is confident that
allowing commercial and recreational shark fishing in 2023 will not
cause shark populations to be decimated.
Comment 4: One commenter stated that the quotas do not account for
illegal shark harvest.
Response: As described in the BSIA Regional Framework, NMFS
continues to use the best scientific information available to manage
the shark stocks. This includes the stock assessment review process,
which ensures that analyses and data used in the assessments are based
on BSIA, scientifically valid and reflective of the current state of
each stock or stock complex, and appropriately take into account the
HMS risk policy to ensure a 70-percent likelihood of success in ending
and preventing overfishing, rebuilding overfished stocks, and
maintaining healthy stocks. The likelihood of success within the
existing HMS risk policy considers the shark stock and relevant
circumstances (e.g., data, unreported landings, fishery changes, and
extenuating circumstances). Overall, the HMS risk policy is intended to
ensure that the overfishing limit, allowable biological catch, and
annual catch limit have buffers and are not exceeded.
NOAA's Office of Law Enforcement is responsible for investigating
violations of Federal fishing regulations. Any fisherman or dealer who
does not abide by the regulations is subject to potential enforcement
action. As noted above, all Federal commercial shark fishermen and
shark dealers are required to have permits (Sec. 635.4(e)), report
landings (Sec. 635.5), and follow other requirements related to shark
fishing, as specified in 50 CFR part 635. NMFS closely monitors landing
reports on a weekly basis, and communicates frequently with the Office
of Law Enforcement to share information about illegal shark fishing. In
some instances, NMFS seizes illegally harvested shark product, pursuant
to NMFS' authority under the Magnuson-Stevens Act. In those cases, the
shark product is reported and counted toward the shark landings for
quota monitoring purposes.
Comment 5: NMFS received numerous comments regarding concern for
sharks in general. Some commenters expressed concern for what they
believe are endangered and threatened shark species or incorrectly
stated that endangered species in general were not considered when
establishing the quotas. Other commenters noted the negative impacts of
shark finning on global shark populations. Some commenters highlighted
the importance of sharks to eco-tourism, particularly for snorkeling
and diving, and one commenter specifically requested stricter
management measures in foreign countries to better support eco-tourism
efforts. One commenter stressed the need for marine protected areas
while other commenters were concerned about climate change impacts on
sharks. A few commenters advocated for improved educational outreach
regarding shark species and fisheries, and one commenter requested
better fishing regulations. One commenter was concerned about the
health risks of consuming shark meat. One commenter incorrectly stated
that NMFS supports shark culls through fishing tournaments.
Response: All of these comments are beyond the scope of this
rulemaking. The purpose of this action is to adjust the quotas and
retention limits and establish the opening date for the 2023 fishing
year for Atlantic shark commercial fisheries. This action does not
change the base quotas or retention limits, which were established
while considering the status of shark stocks and the requirements of
the Magnuson-Stevens Act, as described in the proposed rule for this
action (87 FR 55379, September 9, 2022). Information about the issues
raised in these public comments can be found in the 2006 Consolidated
HMS FMP and its amendments, and the annual Stock Assessment and Fishery
Evaluation Report (see ADDRESSESS).
Classification
NMFS is issuing this rule pursuant to 305(d) of the Magnuson-
Stevens Act. Pursuant to Magnuson-Stevens Act section 305(d), this
action is necessary to carry out the 2006 Consolidated HMS FMP and its
amendments in order to achieve domestic management objectives under the
Magnuson-Stevens Act. The NMFS Assistant Administrator has determined
that this final rule is consistent with the 2006 Consolidated HMS FMP
and its amendments and other applicable law.
This action is exempt from review under Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified for 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,
[[Page 68108]]
a final regulatory flexibility analysis was not required and none was
prepared.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
Dated: November 7, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2022-24643 Filed 11-10-22; 8:45 am]
BILLING CODE 3510-22-P
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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.