Rule2023-06137
Atlantic Highly Migratory Species; Commercial Shark Quota Transfer
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 24, 2023
Effective
March 21, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is transferring 40 metric tons (mt) dressed weight (dw) (88,184 pounds (lb) dw) of aggregated large coastal shark (LCS) quota from the eastern Gulf of Mexico sub-region to the western Gulf of Mexico sub-region for the remainder of the 2023 fishing year. This action is based on consideration of the regulatory determination criteria regarding inseason quota transfers and affects commercial Atlantic shark permitted vessels and dealers.
Full Text
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<title>Federal Register, Volume 88 Issue 57 (Friday, March 24, 2023)</title>
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[Federal Register Volume 88, Number 57 (Friday, March 24, 2023)]
[Rules and Regulations]
[Pages 17742-17744]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06137]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 221107-0236; RTID 0648-XC864]
Atlantic Highly Migratory Species; Commercial Shark Quota
Transfer
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason quota transfer.
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SUMMARY: NMFS is transferring 40 metric tons (mt) dressed weight (dw)
(88,184 pounds (lb) dw) of aggregated large coastal shark (LCS) quota
from the eastern Gulf of Mexico sub-region to the western Gulf of
Mexico sub-region for the remainder of the 2023 fishing year. This
action is based on consideration of the regulatory determination
criteria regarding inseason quota transfers and affects commercial
Atlantic shark permitted vessels and dealers.
DATES: Effective March 21, 2023, through December 31, 2023.
FOR FURTHER INFORMATION CONTACT: Ann Williamson
(<a href="/cdn-cgi/l/email-protection#c7a6a9a9e9b0aeababaea6aab4a8a987a9a8a6a6e9a0a8b1"><span class="__cf_email__" data-cfemail="04656a6a2a736d68686d6569776b6a446a6b65652a636b72">[email protected]</span></a>), Guy DuBeck (<a href="/cdn-cgi/l/email-protection#7e190b07501a0b1c1b1d153e10111f1f50191108"><span class="__cf_email__" data-cfemail="5532202c7b31203730363e153b3a34347b323a23">[email protected]</span></a>), or Karyl
Brewster-Geisz (<a href="/cdn-cgi/l/email-protection#1a717b6863763478687f6d696e7f68377d7f7369605a74757b7b347d756c"><span class="__cf_email__" data-cfemail="c2a9a3b0bbaeeca0b0a7b5b1b6a7b0efa5a7abb1b882acada3a3eca5adb4">[email protected]</span></a>) at 301-427-8503.
SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed
under the 2006 Consolidated Atlantic Highly Migratory Species (HMS)
Fishery Management Plan (FMP), its amendments, and implementing
regulations (50 CFR part 635) issued under authority of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.). Section 635.27(b) describes the baseline quotas for different
shark management groups and regions, describes the process for annual
adjustments to those baseline quotas, and includes the criteria to
consider for inseason quota transfers between regions and sub-regions.
Section 635.28(b) describes quotas that are linked for management
purposes.
On November 14, 2022 (87 FR 68104), NMFS announced the 2023
commercial western Gulf of Mexico aggregated LCS (72.0 mt dw; 158,724
lb dw) and eastern Gulf of Mexico aggregated LCS (85.5 mt dw; 188,593
lb dw) sub-regional quotas. Based on dealer reports received as of
March 16, 2023, NMFS estimates that in the western Gulf of Mexico sub-
region, approximately 72.0 mt dw
[[Page 17743]]
(approximately 158,700 lb dw) or approximately 100 percent of the
aggregated LCS sub-regional quota has been landed. In the eastern Gulf
of Mexico sub-region, there has been no reported landings of aggregated
LCS.
Regulations provide that quotas for certain shark species and/or
management groups are linked, including western Gulf of Mexico
hammerhead sharks and western Gulf of Mexico aggregated LCS (see Sec.
635.28(b)(4)). Regulations further provide that for each pair of linked
species and/or management groups, if landings reach, or are projected
to reach, a threshold of 80 percent of the available quota and are also
projected to reach 100 percent of the available quota before the end of
the 2023 fishing year, NMFS will close the relevant shark management
groups (see Sec. 635.28(b)(3)). At this time, without further action,
NMFS projects that the western Gulf of Mexico aggregated LCS management
group quota has already been exceeded. Without a quota transfer, NMFS
would need to close the western Gulf of Mexico aggregated LCS group and
the linked western Gulf of Mexico hammerhead group.
Under Sec. 635.27(b)(2), NMFS may transfer quota inseason between
regions or sub-regions. Such transfers may occur for species or
management groups that are the same in both regions or sub-regions and
the quota is split for management purposes and not as a result of a
stock assessment. As described at Sec. 635.27(b)(1)(ii), the sub-
regional splits for the quotas in the Gulf of Mexico region were done
for management purposes. Therefore, NMFS may transfer aggregated LCS
quota between Gulf of Mexico sub-regions. Before making any such
transfer, NMFS must consider the following determination criteria in
Sec. 635.27(b)(2)(iii), and other relevant factors: (1) The usefulness
of information obtained from catches in the particular management group
for biological sampling and monitoring of the status of the respective
shark species and/or management group; (2) the catches of the
particular species and/or management group quota to date and the
likelihood of closure of that segment of the fishery if no adjustment
is made; (3) the projected ability of the vessels fishing under the
particular species and/or management group quota to harvest the
additional amount of corresponding quota before the end of the fishing
year; (4) effects of the adjustment on the status of all shark species;
(5) effects of the adjustment on accomplishing the objectives of the
fishery management plan; (6) variations in seasonal distribution,
abundance, or migration patterns of the appropriate shark species and/
or management group; (7) effects of catch rates in one area precluding
vessels in another area from having a reasonable opportunity to harvest
a portion of the quota; and/or (8) review of dealer reports, daily
landing trends, and the availability of the respective shark species
and/or management group on the fishing grounds.
NMFS has determined that, for the Gulf of Mexico aggregated LCS
sub-regional landings, the eastern Gulf of Mexico aggregated LCS sub-
regional landings are not projected to reach their quota by the end of
the year and that the western Gulf of Mexico aggregated LCS sub-
regional quota has exceeded 80 percent (approximately 100 percent) of
their quota and may have already exceeded the quota. Therefore, NMFS
has considered the inseason quota transfer criteria, documented in the
Quota Transfer section below, and determined that a transfer from the
sub-regional eastern Gulf of Mexico aggregated LCS quota to the western
Gulf of Mexico aggregated LCS quota is warranted to avoid potential
closure of the western Gulf of Mexico aggregated LCS quota and the
western Gulf of Mexico hammerhead shark quota, which are linked under
Sec. 635.28(b)(4)(iii), while fishing opportunities still exist.
Quota Transfer
After fully considering all the criteria listed above, NMFS is
taking action to transfer aggregated LCS quota from the eastern Gulf of
Mexico sub-regional quota to the western Gulf of Mexico sub-regional
quota. NMFS' consideration of the relevant criteria found at Sec.
635.27(b)(2)(iii) includes, but is not limited to, the following:
Regarding the usefulness of information obtained from catches in
the particular category for biological sampling and monitoring of the
status of the stock (Sec. 635.27(b)(2)(iii)(A)), biological samples
collected by NMFS scientific observers on commercial vessels targeting
aggregated LCS and hammerhead sharks continue to provide NMFS with
valuable data for ongoing scientific studies of shark age and growth,
migration, and reproductive status. This is especially important for
the upcoming bull, spinner, and tiger shark assessments that are
expected to begin in 2024.
Regarding the catches of the quotas to date and the likelihood of a
fishery closure if no adjustment is made, commercial shark dealer data
show that landings of the western Gulf of Mexico aggregated LCS have
exceeded 80 percent of the quota (approximately 100 percent). Once the
landings exceed the threshold of 80 percent of the quotas and are also
projected to reach 100 percent before the end of the 2023 fishing year,
the western Gulf of Mexico aggregated LCS and hammerhead shark
management groups would need to close absent a transfer of additional
quota.
NMFS also analyzed landings data, catch trends, and potential
migration of the species involved (Sec. 635.27(b)(2)(iii)(C)-(D) and
(F)-(H)) and determined that under current fishing rates, 40 mt dw
(88,184 lb dw) of eastern Gulf of Mexico sub-regional aggregated LCS is
a reasonable amount of quota to transfer, allowing fishermen the
opportunity to fully utilize the available shark quotas while avoiding
negative economic impacts that would occur by closing the shark
management groups. This action will not have impacts beyond those
already analyzed in the 2006 Consolidated HMS FMP and its amendments
and thus is not expected to negatively impact the stock.
Regarding the effects of the adjustment on accomplishing the
objectives of the 2006 Consolidated HMS FMP (Sec.
635.27(b)(2)(iii)(E)), this action is consistent with the quotas
previously implemented and analyzed in the 2023 shark quota final rule
(87 FR 68104, November 14, 2022) and in Amendment 5a (78 FR 40317, July
3, 2013) and Amendment 6 to the 2006 Consolidated HMS FMP (80 FR 50073,
August 18, 2015). Specifically, this action is consistent with the
objective of providing opportunities to fully harvest shark quotas
without exceeding them.
Based on the considerations above, NMFS is transferring 40 mt dw
(88,184 lb dw) of eastern Gulf of Mexico aggregated LCS sub-regional
quota to the western Gulf of Mexico aggregated LCS sub-regional quota
as of March 21, 2023. This quota transfer results in adjusted quotas of
45.5 mt dw (100,409 lb dw) for aggregated LCS in the eastern Gulf of
Mexico sub-region and 112 mt dw (246,908 lb dw) for aggregated LCS
management group in the western Gulf of Mexico sub-region. If landings
and fishing rates do not increase substantially, transferring Gulf of
Mexico aggregated LCS sub-regional quotas could allow the fisheries in
each sub-region and region to remain open through the end of the 2023
fishing year.
Therefore, NMFS adjusts the eastern and western Gulf of Mexico
aggregated LCS management group sub-regional quotas for the remainder
of the 2023 shark fishing year, unless NMFS announces another quota
transfer in the Federal Register or closes the fishery.
[[Page 17744]]
NMFS may also announce future retention limit adjustments as needed
throughout the remainder of the 2023 shark fishing year.
The boundary between the Gulf of Mexico region and the Atlantic
region is defined at Sec. 635.27(b)(1) as a line beginning on the East
Coast of Florida at the mainland at 25[deg]20.4' N lat., proceeding due
east. Any water and land to the south and west of that boundary is
considered, for the purposes of monitoring and setting quotas, to be
within the Gulf of Mexico region. The boundary between the western and
eastern Gulf of Mexico sub-regions is drawn along 88[deg]00' W long.
(Sec. 635.27(b)(1)(ii)).
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act and regulations at 50 CFR part 635 and is exempt from
review under Executive Order 12866.
The Assistant Administrator for NMFS (AA) finds that pursuant to 5
U.S.C. 553(b)(B), it is impracticable and contrary to the public
interest to provide prior notice of, and an opportunity for public
comment on, this action for the following reasons. Specifically, the
regulations implementing the 2006 Consolidated HMS FMP and amendments
provide for inseason adjustments to respond to the unpredictable nature
of shark species availability on the fishing grounds, the migratory
nature of these species, and the regional variations in the shark
fisheries. Providing prior notice and an opportunity for public comment
on this quota transfer is impracticable. NMFS could not have proposed
this action earlier, as it needed to consider and respond to updated
landings data, including the recently available March 2023 data, in
deciding whether to transfer a portion of the eastern Gulf of Mexico
sub-regional aggregated LCS quota to the western Gulf of Mexico sub-
regional aggregated LCS quota. Delaying this action is contrary to the
public interest, not only because it would likely result in a western
Gulf of Mexico sub-regional aggregated LCS closure and associates costs
to the fishery, but also administrative costs due to further agency
action needed to re-open the fishery after quota is transferred. The
delay would preclude the fishery from harvesting LCS in the western
Gulf of Mexico sub-region that are available on the fishing grounds
that might otherwise become unavailable during a delay. This action
does not raise conservation or management concerns. Transferring quota
from the eastern Gulf of Mexico sub-region to the western Gulf of
Mexico sub-region would have a minimal risk of exceeding the aggregated
LCS quotas in the Gulf of Mexico region. NMFS notes that the public had
an opportunity to comment on the underlying rulemakings that
established the commercial shark quotas and the inseason adjustment
criteria.
For all of the above reasons, the AA finds that pursuant to 5
U.S.C. 553(d), there is also good cause to waive the 30-day delay in
effective date.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: March 21, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-06137 Filed 3-21-23; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on March 24, 2023.
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