Notice2023-05692
Atlantic Highly Migratory Species; Atlantic Shark Fishery Review
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
March 21, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces the availability of the final SHARE document. As part of the overall review of the current state of the Atlantic shark fishery, NMFS examined various aspects of commercial and recreational shark fisheries conservation and management, shark depredation, and additional factors affecting the shark fishery. As a comprehensive review of the shark fishery, the SHARE document identifies areas of success and concerns in the fishery and identifies potential future revisions to regulations and management measures. NMFS anticipates that any such revisions to the regulations and/or management measures would occur via future rulemaking, as applicable, and would include appropriate opportunity for public comment.
Full Text
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<title>Federal Register, Volume 88 Issue 54 (Tuesday, March 21, 2023)</title>
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[Federal Register Volume 88, Number 54 (Tuesday, March 21, 2023)]
[Notices]
[Pages 16944-16945]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05692]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC800]
Atlantic Highly Migratory Species; Atlantic Shark Fishery Review
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability of the final Atlantic shark fishery
review (SHARE) document.
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SUMMARY: NMFS announces the availability of the final SHARE document.
As part of the overall review of the current state of the Atlantic
shark fishery, NMFS examined various aspects of commercial and
recreational shark fisheries conservation and management, shark
depredation, and additional factors affecting the shark fishery. As a
comprehensive review of the shark fishery, the SHARE document
identifies areas of success and concerns in the fishery and identifies
potential future revisions to regulations and management measures. NMFS
anticipates that any such revisions to the regulations and/or
management measures would occur via future rulemaking, as applicable,
and would include appropriate opportunity for public comment.
DATES: The SHARE document was finalized on March 14, 2023.
ADDRESSES: Electronic copies of this document may be obtained on the
internet at: <a href="https://www.fisheries.noaa.gov/action/atlantic-shark-fishery-review-share">https://www.fisheries.noaa.gov/action/atlantic-shark-fishery-review-share</a>.
FOR FURTHER INFORMATION CONTACT: Guy DuBeck (<a href="/cdn-cgi/l/email-protection#3770424e1973427552545c775958565619505841"><span class="__cf_email__" data-cfemail="2364565a0d675661464048634d4c42420d444c55">[email protected]</span></a>) or
Karyl Brewster-Geisz (<a href="/cdn-cgi/l/email-protection#c883a9bab1a4e68abaadbfbbbcadbae58fada1bbb288a6a7a9a9e6afa7be"><span class="__cf_email__" data-cfemail="7f341e0d0613513d0d1a080c0b1a0d52381a160c053f11101e1e51181009">[email protected]</span></a>) by phone at 301-
427-8503.
SUPPLEMENTARY INFORMATION: Atlantic Highly Migratory Species (HMS)
fisheries (tunas, billfish, swordfish, and sharks) are managed 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.
Under the Magnuson-Stevens Act, NMFS is responsible for the
sustainable management of Atlantic HMS (16 U.S.C. 1852(a)(3)). NMFS
must comply with all applicable provisions of the Magnuson-Stevens Act
when implementing conservation and management measures for shark stocks
and fisheries. Under the Magnuson-Stevens Act, conservation and
management measures must prevent overfishing while achieving, on a
continuing basis, the optimum yield from each fishery (16 U.S.C.
1851(a)(1)). Where a fishery is determined to be in or approaching an
overfished condition, NMFS must adopt conservation and management
measures to prevent or end overfishing and rebuild the fishery (16
U.S.C. 1853(a)(10); 1854(e)). In addition, NMFS must, among other
things, comply with the Magnuson-Stevens Act's 10 National Standards,
including a requirement to use the best scientific information
available as well as to consider potential impacts on residents of
different States, efficiency, costs, fishing communities, bycatch, and
safety at sea (16 U.S.C. 1851 (a)(1-10)). Additionally, under the
Atlantic Tunas Convention Act, NMFS must implement binding domestic
regulations and other measures necessary and appropriate to carry out
applicable recommendations of the International Commission for the
Conservation of Atlantic Tunas (ICCAT), which has issued
recommendations for the conservation and management of shark species
caught in association with ICCAT fisheries. NMFS also must implement
domestic measures to carry out proposals adopted under the Convention
on International Trade in Endangered Species of Wild Fauna and Flora
(CITES), which has included measures that place requirements or
restrictions on the trade of some shark species and shark fins. The
purpose of the SHARE document is to analyze trends within the
commercial and
[[Page 16945]]
recreational shark fisheries to identify main areas of success and
concerns with conservation and management measures and find potential
ways to improve management of the shark fishery.
Atlantic shark fisheries have been federally managed since 1993.
Unlike stock assessments, which focus on abundance of stocks and their
status, SHARE focuses on the overall state of these fisheries to assist
in determining potential next steps for management. In the document,
NMFS refers to ``the Atlantic shark fishery'' to collectively encompass
all of the commercial and recreational fisheries and gear types managed
by NMFS HMS Management Division. NMFS began this review after noticing
concerning trends in the fishery. In the commercial fishery, trends
include reduced landings, a decrease in active vessels, and an increase
in shark discards. In the recreational fishery, trends include an
increase in catch and release rates, an increase in effort by state-
water or shore-based fishermen, increased numbers of shark depredation
events, and a decrease in targeted pelagic shark trips. Through the
SHARE process, NMFS explored various aspects of the Atlantic shark
fisheries to improve stability and resiliency within the fisheries and
address the following objectives:
<bullet> Review the current state of the Atlantic shark fishery;
<bullet> Identify areas of success in the fishery;
<bullet> Identify areas of concern in the fishery; and
<bullet> Identify potential ways to improve the fishery and
potential future shark management actions or measures.
NMFS published a Notice of Availability of the draft SHARE document
on October 25, 2021 (86 FR 58891). A public webinar was conducted on
December 8, 2021, and the public comment period closed on January 3,
2022. NMFS received 47 written comments and a variety of verbal
comments regarding the draft SHARE document. A summary of public
comments received is included in the Appendix of the final SHARE
document which may be accessed at <a href="https://www.fisheries.noaa.gov/action/atlantic-shark-fishery-review-share">https://www.fisheries.noaa.gov/action/atlantic-shark-fishery-review-share</a>.
After consideration of public comments, NMFS has finalized the
SHARE document. Based on findings outlined in the document, NMFS
believes changes to shark fishery management are warranted to improve
its overall performance and the health of shark stocks.
As part of SHARE, NMFS reviewed information regarding commercial
shark fishery vessel permits, trips targeting or retaining sharks,
shark landings, dealer permits, and markets. These data indicate that
catch of available quota and participation in the commercial shark
fishery have dramatically declined from historical levels. In addition,
NMFS anticipates further declines in the future, due to the adoption,
in November 2022, of a proposal under CITES to list many shark species
in CITES Appendix II. In the recreational shark fishery, NOAA Fisheries
reviewed the number of recent permits with shark endorsements, fishing
effort, survey data, and tournament landings. These data indicate
increased shark fishing effort by state-water and shore-based
fishermen, along with increased numbers of sharks being caught and
released. Directed trips targeting pelagic sharks and tournament
landings have declined since shortfin mako shark size limits were
implemented, and are likely to decline further due to the current zero
retention limit for shortfin mako sharks. Additionally, shark
depredation, which occurs when a shark eats or preys upon fish that are
caught on fishing gear, has been a growing concern in a wide variety of
commercial and recreational fisheries. While the number of reports of
depredation have increased, the underlying cause of the increase is
uncertain--it could be due to an increase in the number of sharks as
stocks rebuild; a learned behavior by sharks as they recognize motors,
fishing techniques, or shark feeding locations as a source of food; an
increase in the number of people using social media to report the
depredation; or any combination of the above. Lastly, in the SHARE
document, NMFS analyzed factors beyond the Federal shark fishery,
including other fisheries, Federal and state shark fin sale
prohibitions, and binding international recommendations.
Overall, this review has found that NMFS is sustainably managing
shark stocks; however, catch and participation in the commercial shark
fishery is in decline in terms of the extent of available quota use and
the number of participants. This decline is happening despite fishermen
having available quotas for many species, and, in most regions, an open
season year-round. The review has also identified a need in the
recreational fishery to improve species identification, which could
improve shark fishery data, thus improving management overall.
Additionally, it is likely that other fisheries, state shark fin sale
prohibitions, and binding international recommendations directly and
indirectly affected fishing effort and landings from 2014 through 2019.
Recently enacted Federal shark fin sale prohibitions also are likely to
have further impacts on the shark fishery, though the impacts of those
prohibitions are unknown at this time. Possible changes that could
increase the productivity of the commercial shark fishery while
remaining consistent with the Magnuson-Stevens Act and the 2006
Consolidated HMS FMP and its amendments could include modifications to:
<bullet> Vessel permit structure, including shifting incidental
permits to open-access permits;
<bullet> Commercial vessel retention limits for large coastal
sharks, blacknose, and other shark management groups;
<bullet> Authorized gear types, by including additional gear types
to retain sharks in the commercial fishery;
<bullet> Regional and sub-regional quotas, to better match regional
expectations and opportunities;
<bullet> Recreational size and bag limits; and,
<bullet> Reporting mechanisms, to improve data collection of
recreational shark species and shark depredation events.
NMFS anticipates that management revisions such as those above
would occur via future rulemaking to modify HMS regulations, as
applicable, with appropriate opportunity for public comment. Making any
such changes would take time, but regardless of timing, NMFS believes
changes to the shark fishery are warranted to improve the overall
health of the fishery and shark stocks.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 15, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-05692 Filed 3-20-23; 8:45 am]
BILLING CODE 3510-22-P
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