Proposed Rule2023-15967
Atlantic Highly Migratory Species; 2024 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
August 2, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This proposed rule would adjust quotas and retention limits and establish the opening date for the 2024 fishing year for the Atlantic shark commercial fisheries. Within this proposed rule, NMFS also considers options for the 2024 and future fishing years to automatically open the commercial fishing year on January 1 of each year under the base quotas and default retention limits, and to increase the default commercial retention limit for the large coastal shark (LCS) fisheries. Quotas would be adjusted as required or allowable based on any underharvests from the previous fishing years. 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 88 Issue 147 (Wednesday, August 2, 2023)</title>
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[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Proposed Rules]
[Pages 50822-50829]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15967]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 230724-0173]
RIN 0648-BM33
Atlantic Highly Migratory Species; 2024 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 2024 fishing year for the
Atlantic shark commercial fisheries. Within this proposed rule, NMFS
also considers options for the 2024 and future fishing years to
automatically open the commercial fishing year on January 1 of each
year under the base quotas and default retention limits, and to
increase the default commercial retention limit for the large coastal
shark (LCS) fisheries. Quotas would be adjusted as required or
allowable based on any underharvests from the previous fishing years.
The proposed measures could affect fishing opportunities for commercial
shark fishermen in the northwestern Atlantic Ocean, Gulf of Mexico, and
Caribbean Sea.
DATES: Written comments must be received by September 1, 2023.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2023-0081, 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-2023-0081 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#d1b0bfbfffa6b8bdbdb8b0bca2bebf91bfbeb0b0ffb6bea7"><span class="__cf_email__" data-cfemail="5637383878213f3a3a3f373b253938163839373778313920">[email protected]</span></a>) by phone at 301-427-8503.
FOR FURTHER INFORMATION CONTACT: Ann Williamson
(<a href="/cdn-cgi/l/email-protection#b4d5dada9ac3ddd8d8ddd5d9c7dbdaf4dadbd5d59ad3dbc2"><span class="__cf_email__" data-cfemail="24454a4a0a534d48484d4549574b4a644a4b45450a434b52">[email protected]</span></a>), Guy DuBeck (<a href="/cdn-cgi/l/email-protection#7d1a08045319081f181e163d13121c1c531a120b"><span class="__cf_email__" data-cfemail="7a1d0f03541e0f181f19113a14151b1b541d150c">[email protected]</span></a>), or Karyl
Brewster-Geisz (<a href="/cdn-cgi/l/email-protection#056e64777c692b67776072767160772862606c767f456b6a64642b626a73"><span class="__cf_email__" data-cfemail="9ff4feede6f3b1fdedfae8ecebfaedb2f8faf6ece5dff1f0fefeb1f8f0e9">[email protected]</span></a>) at 301-427-8503.
SUPPLEMENTARY INFORMATION:
Background
Atlantic shark fisheries 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. The shark commercial
retention limits, quotas, and closure requirements can be found in
Sec. Sec. 635.24(a), 635.27(b), and 635.28(b), respectively.
For the Atlantic shark commercial fisheries, the 2006 Consolidated
HMS FMP and its amendments established default commercial shark
retention limits, commercial quotas for species and management groups,
and adjustment procedures for underharvests and overharvests.
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, meaning 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.
Proposed Opening Date and Retention Limit Measures
NMFS is proposing to open the 2024 fishing year on January 1,
permitting the maximum allowable retention limit for LCS fisheries, and
is proposing options, described below, to change the opening date and
default retention limit measures for LCS fisheries for future fishing
years. These options are based on catch rates and landings information
for 2021, 2022, and to date in 2023. In 2022 and 2023, NMFS opened the
fishing years on January 1, with the maximum retention limit of 55 LCS
other than sandbar sharks per vessel per trip for Shark Directed permit
holders. The 2021 fishing year opened on January 1, with the default
retention limit of 45 LCS other than sandbar sharks per vessel per
trip; however, the retention limit was increased in all regions to 55
LCS other than sandbar sharks per vessel per trip by the end of March
(86 FR 16075, March 26, 2021; 86 FR 47395, August 25, 2021). Despite
having the maximum retention limits allowed under the regulations, the
quotas for the various LCS management groups were not fully harvested
in 2021 or 2022. Under current catch rates, it is unlikely the current
quotas will be fully harvested in 2023. Given the current number of
active and inactive permit holders, NMFS does not expect catch rates to
increase in the near future. As such, NMFS is proposing opening the
Atlantic shark commercial fishing year on January 1 under the highest
possible allowable retention limit for LCS fisheries for 2024 and
considering establishing those as the default opening date and
retention limit for future fishing years.
Option 1, status quo, maintains the current management measures
that require NMFS to adjust quotas and retention limits and establish
the opening date for the upcoming fishing
[[Page 50823]]
year for the Atlantic shark commercial fisheries. Adjustments to quota
levels for the various shark stock and management groups, commercial
shark fishing opening dates, and default retention limits for directed
shark permits must be proposed and finalized prior to the start of the
upcoming fishing year based on data available from the previous fishing
year. As a result, quota adjustments are based on incomplete data from
the previous fishing year. Additionally, because the opening of the
commercial shark fishing season is dependent upon implementation of an
annual rulemaking, delays caused by the regulatory process could result
in the fishery not opening on time. The uncertainty of this process can
also mean that fishermen and dealers are unable to plan for the fishery
starting January 1. This uncertainty may be one reason why the number
of active permit holders and, accordingly, catch rates, has been
declining over the years. Additionally, annually establishing the
quotas, default retention limits, and opening date for the upcoming
fishing year can be administratively burdensome for NMFS.
Option 2, the preferred option, would revise both the start date
for all Atlantic shark fisheries and the default retention limit for
Shark Directed permit holders in the LCS fisheries. Specifically
regarding the start date, the preferred option would revise the
regulations at Sec. 635.27(b) to have the fishery automatically open
on January 1 each year under base quotas and default retention limits.
However, under this option NMFS would maintain the flexibility to
prevent a regional or sub-regional shark management group from
automatically opening on January 1 if the respective quota was
overharvested or there were indications that opening on January 1 would
result in the quota being overharvested. A change in opening date for a
regional or sub-regional shark management group could occur during the
respective fishing year or prior to January 1 for the following fishing
year. Before changing the opening date from January 1, NMFS would
consider the seven ``Opening Commercial Fishing Season Criteria''
listed at Sec. 635.27(b)(3). Under Option 2, each year, during the
fishing year, NMFS would follow the quota adjustment process specified
in Sec. 635.27(b)(2) and publish in the Federal Register an adjustment
for any quota over- or underharvests based on landings reported from
the previous fishing year.
The proposed January 1 start date for 2024 and future fishing years
is based on recent catch rates and fishing effort. NMFS has opened the
Atlantic shark fishery on January 1 for the past 8 years. NMFS
considered the underharvests of the different management groups in 2023
and the past few years to determine the likely effects of the
commercial quotas on shark stocks and fishermen across regional and
sub-regional fishing areas. NMFS also examined 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 assessed the seasonal variation of the
different species and management groups, as well as seasonal variation
in fishing opportunities. Based on these analyses, NMFS believes that
automatically opening the Atlantic shark fishery on January 1 would not
cause the commercial quotas to be exceeded, and, considering trends in
current catch rates, should continue to provide equitable fishing
opportunities across all areas. However, if the situation changes and a
significant portion of the quota begins to be harvested in one area,
NMFS may adjust retention limit, as appropriate, to provide equitable
fishing opportunities in all areas during the fishing year.
Furthermore, having a stable start date may provide fishermen and
dealers with more certainty for business planning purposes.
The proposed default retention limit adjustment to 55 LCS other
than sandbar sharks per vessel per trip for Shark Directed permit
holders for 2024 and future fishing years is based on catch rates and
landings information in 2023 and the past few years. The current
default commercial retention limit is 45 LCS other than sandbar sharks
per vessel per trip, unless NMFS determines otherwise and publishes a
notice of inseason adjustment in the Federal Register (Sec.
635.24(a)(2)). 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 are not projected to exceed the
2023 overall aggregated LCS quota. This review indicates that in recent
years the seasonal distribution of the shark species has not had an
effect on the commercial shark landings within a region or sub-region.
This result could be because in recent years shark fishermen have been
able to operate throughout the year and target more profitable species
in other fisheries depending on the season and availability of fish,
including sharks.
Under Option 2, NMFS would not change the existing regulations that
allow for changes to the retention limit during the fishing year.
Specifically, NMFS could continue to 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, and after considering the seven ``Inseason Trip Limit
Adjustment'' criteria at Sec. 635.24(a)(8).
The proposed automatic opening date and default retention limit
combination would provide, to the extent practicable, equitable
opportunities across the fisheries management sub-regions.
Automatically opening the fishing year on January 1 each year under
base quotas and retention limits reduces the likelihood of delays
caused by the regulatory process and provides more certainty to
stakeholders. Additionally, any quota adjustments, based on over- and/
or underharvest, could be accounted for at one time, based upon
complete data from the prior fishing year. NMFS could also continue to
adjust retention limits as needed throughout the fishing year to ensure
quotas are harvested and not exceeded.
Consistent with existing regulations, all of the regional or sub-
regional commercial fisheries for shark management groups would remain
open until December 31 each year, 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-linked quotas (e.g., eastern Gulf of Mexico blacktip sharks,
western Gulf of Mexico blacktip sharks, Gulf of Mexico non-blacknose
small coastal sharks (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. The linked and non-linked quotas are shown in
Table 1.
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,
[[Page 50824]]
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 from the effective
date and time of the closure until the start of the following fishing
year or 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 start of the following fishing year or until NMFS
announces that 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. 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.
Table 1--Quota Linkages and Commercial Retention Limit by Regional or Sub-Regional Shark Management Group
----------------------------------------------------------------------------------------------------------------
Commercial retention
limits for directed
Region or sub-region Management group Quota linkages \1\ shark limited access
permit holders \2\
----------------------------------------------------------------------------------------------------------------
Western Gulf of Mexico............... Blacktip Sharks........ Not Linked............. 55 LCS other than
Aggregated LCS......... Linked................. sandbar sharks per
Hammerhead Sharks...... vessel per trip.
Eastern Gulf of Mexico............... Blacktip Sharks........ Not Linked............. 55 LCS other than
Aggregated LCS......... Linked................. sandbar sharks per
Hammerhead Sharks...... vessel per trip.
Gulf of Mexico....................... Non-Blacknose SCS...... Not Linked............. N/A.
Smoothhound Sharks..... Not Linked............. N/A.
Atlantic............................. Aggregated LCS......... Linked................. 55 LCS other than
Hammerhead Sharks...... sandbar sharks per
vessel per trip.
Non-Blacknose SCS...... Linked (South of N/A.
Blacknose Sharks (South 34[deg] N lat. only). 8 blacknose sharks per
of 34[deg] N lat. vessel per trip.\3\
Only).
Smoothhound Sharks..... Not Linked............. N/A.
No Regional Quotas................... Non-Sandbar LCS Linked \4\............. N/A.
Research.
Sandbar Shark Research.
Blue Sharks............ Not Linked............. 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.
Proposed 2024 Commercial Shark Quotas
NMFS proposes to adjust the quota levels for the various shark
stocks and management groups for the 2024 Atlantic shark commercial
fishing year (i.e., January 1 through December 31, 2024) based on
underharvests that occurred during the 2023 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 5 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 2023 harvests to date, and after considering catch rates
and landings from previous years, NMFS proposes to adjust the 2024
quotas for certain management groups as shown in Table 2. All of the
2024 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 2025 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
[[Page 50825]]
regions are not overfished, and overfishing is not occurring, available
underharvest (up to 50 percent of the base annual quota) from the 2023
fishing year for these management groups may be added to their
respective 2024 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 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 2023 underharvests cannot be carried
over to the 2024 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 2024 quotas by species and management group are
summarized in Table 2 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 2 includes landings
data as of May 12, 2023. Final quotas are subject to change based on
landings as of mid-October 2023.
Table 2--2024 Proposed Quotas for the Atlantic Shark Management Groups
----------------------------------------------------------------------------------------------------------------
2024
2023 Annual Preliminary Adjustments 2024 Base Proposed
Region or sub-region Management group quota 2023 \2\ annual annual
landings \1\ quota quota
(A) (B) (C) (D) (D+C)
----------------------------------------------------------------------------------------------------------------
Western Gulf of Mexico....... Blacktip Sharks. 347.2 mt 225.3 mt 115.7 mt 231.5 mt 347.2 mt
Aggregate Large (765,392 (496,649 (225,131 (510,261 (765,392
Coastal Sharks lb) lb) lb) lb) lb).
\3\. 72.0 mt 75.9 mt ............ 72.0 mt 72.0 mt
(158,724 (167,296 (158,724 (158,724
lb) lb) lb) lb).
Hammerhead 11.9 mt <3.0 mt ............ 11.9 mt 11.9 mt
Sharks \4\. (26,301 lb) (<6,612 lb) (26,301 (26,301
lb) lb).
Eastern Gulf of Mexico....... Blacktip Sharks. 37.7 mt 0.6 mt 12.6 mt 25.1 mt 37.7 mt
Aggregate Large (83,158 lb) (1,394 lb) (27,719 lb) (55,439 (83,158
Coastal Sharks 85.5 mt <1.0 mt (327 ............ lb) lb).
\3\. (188,593 lb) 85.5 mt 85.5 mt
lb) (188,593 (188,593
lb) lb).
Hammerhead 13.4 mt <1.0 mt ............ 13.4 mt 13.4 mt
Sharks. (29,421 lb) (2,204 lb) (29,421 (29,421
lb) lb).
Gulf of Mexico............... Non-Blacknose 112.6 mt <1.0 mt (351 112.6 mt 112.6 mt
Small Coastal (428,215 lb) (428,215 (428,215
Sharks. lb) lb) lb).
Smoothhound 504.6 mt 0.0 mt (0 168.2 mt 336.4 mt 504.6 mt
Sharks. (1,112,441 lb) (370,814 (741,627 (1,112,4
lb) lb) lb) 41 lb).
Atlantic..................... Aggregate Large 168.9 mt 41.8 mt ............ 168.9 mt 168.9 mt
Coastal Sharks. (372,552 (92,088 lb) (372,552 (372,552
lb) lb) lb).
Hammerhead 27.1 mt 12.9 mt 27.1 mt 27.1 mt
Sharks. (59,736 lb) (28,547 lb) (59,736 (59,736
lb) lb).
Non-Blacknose 264.1 mt 18.8 mt ............ 264.1 mt 264.1 mt
Small Coastal (582,333 (41,502 lb) (582,333 (582,333
Sharks. lb) lb) lb).
Blacknose Sharks 17.2 mt <3.0 mt ............ 17.2 mt 17.2 mt
(South of (3,921 lb) (<6,612 lb) (3,921 (3,921
34[deg] N lat. lb) lb).
Only).
Smoothhound 1,802.6 mt 47.0 mt 600.9 mt 1,201.7 mt 1,802.6
Sharks. (3,973,902 (103,672 (1,324,634 (2,649,26 mt
lb) lb) lb) 8 lb) (3,973,9
02 lb).
No Regional Quotas........... Non-Sandbar LCS 50.0 mt <2.0 mt ............ 50.0 mt 50.0 mt
Research. (110,230 (<4,408 lb) (110,230 (110,230
lb) lb) lb).
Sandbar Shark 90.7 mt <22.0 mt ............ 90.7 mt 90.7 mt
Research. (199,943 (<48,500 (199,943 (199,943
lb) lb) lb) lb).
Blue Sharks..... 273.0 mt <2.0 mt ............ 273.0 mt 273.0 mt
(601,856 (<4,408 lb) (601,856 (601,856
lb) lb) lb).
Porbeagle Sharks 1.7 mt <1.0 mt ............ 1.7 mt 1.7 mt
(3,748 lb) (<2,204 lb) (3,748 (3,748
lb) lb).
Pelagic Sharks 488.0 mt 9.9 mt ............ 488.0 mt 488.0 mt
Other Than (1,075,856 (21,910 lb) (1,075,85 (1,075,8
Porbeagle or lb) 6 lb) 56 lb).
Blue.
----------------------------------------------------------------------------------------------------------------
\1\ Landings are from January 1, 2023 through May 12, 2023 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 40.0 mt dw of the aggregate LCS quota from the Gulf of Mexico eastern sub-region to the
western sub-region as of March 21, 2023 (88 FR 17742, March 24, 2023).
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 2023 fishing year for these management groups
may be added to their respective 2024 base quotas. Reported landings
for blacktip sharks and smoothhound sharks have not exceeded their 2023
quotas to date.
Blacktip Sharks: The 2024 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 May 12, 2023, preliminary reported landings for
blacktip sharks in the Gulf of Mexico western sub-region were 65
percent (225.3 mt dw) of their 2023 quota (347.2 mt dw), and in the
eastern sub-region were at 2 percent (0.6 mt dw) of their 2023 quota
(37.7 mt dw). Consistent with Sec. 635.27(b)(1)(ii)(C), any
[[Page 50826]]
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 May 12, 2023, the overall Gulf of Mexico
blacktip shark management group is underharvested by 159.0 mt dw
(350,307 lb dw). The proposed 2024 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 2023 underharvest = 347.2
mt dw 2024 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
2023 underharvest = 37.7 adjusted annual quota).
Smoothhound Sharks: The 2024 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 May 12, 2023, there have been no smoothhound
shark landings in the Gulf of Mexico region, and 3 percent (47.0 mt dw)
of their 2023 quota (1,802.6 mt dw) has been landed in the Atlantic
region. NMFS proposes to adjust the 2024 Gulf of Mexico and Atlantic
smoothhound shark quotas for anticipated underharvests in 2023 to the
full extent allowed. The proposed 2024 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 2023 underharvest = 504.6 mt dw 2024 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 2023 underharvest =
1,802.6 mt dw 2024 adjusted annual quota).
Shark Management Groups Where Underharvests Cannot Be Carried Over
Consistent with the current regulations at Sec. 635.27(b)(2)(ii),
2023 underharvests cannot be carried over to the 2024 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 2024 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.
Aggregated LCS: The 2024 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 2024 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 40.0 mt dw of aggregate LCS quota from the eastern
Gulf of Mexico sub-region to the western Gulf of Mexico sub-region (88
FR 17742, March 24, 2023). That inseason quota transfer would not
impact the proposed actions in this rulemaking. As of May 12, 2023,
preliminary reported landings for aggregated LCS in the western Gulf of
Mexico sub-region were at 68 percent (75.9 mt dw) of their 2023 quota
(112.0 mt dw), in the eastern Gulf of Mexico sub-region were less than
1 percent (<1.0 mt dw) of their 2023 quota (45.5 mt dw), and in the
Atlantic region were 25 percent (41.8 mt dw) of their 2023 quota (168.9
mt dw). Reported landings from both Gulf of Mexico sub-regions and the
Atlantic region have not exceeded the 2023 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 2024 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 2024 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 2024 proposed commercial quota for hammerhead
sharks in the Atlantic region is 27.1 mt dw (59,736 lb dw). As of May
12, 2023, preliminary reported landings of hammerhead sharks in the
western Gulf of Mexico sub-region were less than 25 percent (<3.0 mt
dw) of their 2023 quota (11.9 mt dw), in the eastern Gulf of Mexico
sub-region were less than 7 percent (<1.0 mt dw) of their 2023 quota
(13.4 mt dw), and in the Atlantic region were at 48 percent (12.9 mt
dw) of their 2023 quota (27.1 mt dw). Reported landings from the Gulf
of Mexico sub-regions and the Atlantic region have not exceeded the
2023 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 2024 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 2024 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 May 12, 2023,
preliminary reported landings of blacknose sharks in the Atlantic
region were less than 17 percent (<3.0 mt dw) of their 2023 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 2024 quota for blacknose sharks in the Atlantic
region be equal to their annual base quota without adjustment.
Non-Blacknose SCS: The 2024 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
May 12, 2023, preliminary reported landings of non-blacknose SCS in the
Gulf of Mexico were less than 1 percent (<1.0 mt dw) of their 2023
quota (112.6 mt dw) and in the Atlantic region were at 7 percent (18.8
mt dw) of their 2023 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 2024 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 2024 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. Given the current
shortfin mako shark retention limit of zero in commercial and
recreational HMS fisheries, the pelagic sharks (other than porbeagle or
blue sharks) management group comprises only common thresher shark
landings. As of May 12, 2023, landings of porbeagle sharks were less
than 59
[[Page 50827]]
percent (<1.0 mt dw) of their 2023 quota (1.7 mt dw), and landings of
blue sharks were less than 1 percent (<2.0 mt) of their 2023 quota
(273.0 mt), and landings of pelagic sharks (other than porbeagle and
blue sharks) were at 2 percent (9.9 mt dw) of their 2023 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 2024 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 2024 proposed commercial quotas within
the shark research fishery are 50.0 mt dw (110,230 lb dw) for research
LCS and 90.7 mt dw (199,943 lb dw) for sandbar sharks. Within the shark
research fishery, as of May 12, 2023, preliminary reported landings of
research LCS were less than 4 percent (<2.0 mt dw) of their 2023 quota
(50.0 mt dw) and sandbar shark reported landings were less than 24
percent (<22.0 mt dw) of their 2023 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 2024 quotas in
the shark research fishery be equal to their annual base quotas without
adjustment.
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 September 1, 2023 (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 proposed rule has been determined to be not significant for
purposes of 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 default retention limits
and establish the opening date for the 2024 Atlantic shark commercial
fisheries. This proposed rule would also consider options for 2024 and
future years to automatically open the commercial fishing year on
January 1 each year under the base quotas and retention limits and
increase the default commercial retention limit for the LCS fisheries.
NMFS would adjust quotas as required or allowable based on any
overharvests and/or underharvests from the 2023 fishing year. NMFS has
limited flexibility to otherwise modify the quotas in this proposed
rule. NMFS notes 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 (IRFA)
and the final regulatory flexibility analysis (FRFA) 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 adjusted quotas, retention limits,
and opening date 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 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. The SBA
authorizes an agency to develop its own industry-specific size
standards after consultation with the SBA Office of Advocacy and an
opportunity for public comment (see 13 CFR 121.903(c)). Pursuant to
this process, NMFS issued a final rule that 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 (80 FR 81194, December 29, 2015; effective on July
1, 2016). The 2011 IRFA/FRFA 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 in
total they have average annual receipts of less than $11 million for
commercial fishing.
As of March 2023, this proposed rule would apply to the
approximately 196 directed commercial shark permit holders, 240
incidental commercial shark permit holders, 153 smoothhound shark
permit holders, and 55 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 436
directed and incidental commercial shark permit holders, to date this
year, 9 permit holders landed sharks in the Gulf of Mexico region, and
28 landed sharks in the Atlantic region. Of the 153 smoothhound shark
permit holders, to date this year, 25 permit holders landed smoothhound
sharks in the Atlantic region, and none have 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 2024 Atlantic shark commercial base quotas could result in
estimated total fleet revenues of $10,233,205. 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 2023. The increase for
the western Gulf of Mexico blacktip shark management group could result
in a potential $232,169 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 $34,926 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 2023. This would cause
a potential gain in revenue of $381,938 for the fleet in the Gulf of
Mexico region, and a potential gain in revenue of $1,483,590 for the
fleet in the Atlantic
[[Page 50828]]
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 $13
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-vessel
Region Management group meat price
------------------------------------------------------------------------
Western Gulf of Mexico....... Blacktip Sharks...... $0.91
Aggregated LCS....... 0.83
Hammerhead Sharks.... 0.80
Eastern Gulf of Mexico....... Blacktip Sharks...... 1.26
Aggregated LCS....... 1.09
Hammerhead Sharks.... 0.93
Gulf of Mexico............... Non-Blacknose SCS.... 1.31
Smoothhound Sharks... 1.03
Atlantic..................... Aggregated LCS....... 1.27
Hammerhead Sharks.... 0.72
Non-Blacknose SCS.... 1.31
Blacknose Sharks..... 1.38
Smoothhound Sharks... 1.12
No Region.................... Shark Research 1.22
Fishery (Aggregated 0.98
LCS). 0.80
Shark Research ..................
Fishery (Sandbar 1.51
only).
Blue sharks..........
Porbeagle sharks.....
Pelagic Sharks Other
Than Porbeagle or
Blue.
All.......................... Shark Fins........... ..................
Atlantic..................... Shark Fins........... ..................
Gulf of Mexico............... Shark Fins........... ..................
------------------------------------------------------------------------
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 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
based on over- and underharvest, automatically open the commercial
fishing year on January 1 each year under base quotas and retention
limits, and revise the default commercial retention limit for the LCS
fisheries, this proposed rule does not practically 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, nor does it effectively
change how those shark fisheries have been managed over the past eight
years. Furthermore, as described above, this action is not expected to
significantly affect the amount of sharks caught and sold or result in
any significant change in the ex-vessel revenues those fishermen could
expect, because, for the most part, the proposed quotas, retention
limits, and opening dates are the same as those for the prior 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 IRFA 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.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations, Imports,
Penalties, Reporting and recordkeeping requirements, Statistics,
reaties.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 635 as follows:
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES
0
1. The authority citation for part 635 continues to read as follows:
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
0
2. In Sec. 635.24, revise paragraph (a)(2) to read as follows:
Sec. 635.24 Commercial retention limits for sharks, swordfish, and
BAYS tunas.
* * * * *
(a) * * *
(2) The commercial retention limit for LCS other than sandbar
sharks for a person who owns or operates a vessel that has been issued
a directed LAP for sharks and does not have a valid shark research
permit, or a person who owns or operates a vessel that has been issued
a directed LAP for sharks and that has been issued a shark research
permit but does not have a NMFS-approved observer on board, may range
between
[[Page 50829]]
0 and 55 LCS other than sandbar sharks per vessel per trip if the
respective LCS management group(s) is open per Sec. Sec. 635.27 and
635.28. Such persons may not retain, possess, or land sandbar sharks.
At the start of each fishing year, the default commercial retention
limit is 55 LCS other than sandbar sharks per vessel per trip unless
NMFS determines otherwise and files with the Office of the Federal
Register for publication notification of an inseason adjustment. During
the fishing year, NMFS may adjust the retention limit per the inseason
trip limit adjustment criteria listed in paragraph (a)(8) of this
section.
* * * * *
* * * * *
0
3. In Sec. 635.27, revise paragraphs (b)(2) introductory text and
(b)(3) introductory text to read as follows:
Sec. 635.27 Quotas.
* * * * *
(b) * * *
(2) Annual and inseason adjustments of commercial quotas. NMFS will
publish in the Federal Register any annual or inseason adjustments to
the base annual commercial overall, regional, or sub-regional quotas.
Unless the opening date of a commercial shark fishery is adjusted under
paragraph (b)(3) of this section, on January 1 of each year, base
quotas, as established in paragraph (b)(1) of this section, will be
available, and any adjustments will be published in the Federal
Register. Within a fishing year or at the start of a fishing year, NMFS
may transfer quotas between regions and sub-regions of the same species
or management group, as appropriate, based on the criteria in paragraph
(b)(2)(iii) of this section.
* * * * *
(3) Opening commercial fishing season. Unless adjusted under this
paragraph (b)(3), the commercial shark fisheries will open on January 1
of each year under the base quotas, as established in paragraph (b)(1)
of this section. If NMFS determines a commercial shark fishery or a
part of a commercial shark fishery should open on a date other than
January 1, NMFS will file with the Office of the Federal Register for
publication notification of the opening date(s) of the relevant
overall, regional, or sub-regional shark fishery(ies) for the relevant
species or management group(s). Before making any decisions, NMFS would
consider the following criteria and other relevant factors in
establishing the opening date(s):
* * * * *
0
4. In Sec. 635.28, revise paragraphs (b)(2) and (3) to read as
follows:
Sec. 635.28 Fishery closures.
* * * * *
(b) * * *
(2) Non-linked quotas. If the overall, regional, and/or sub-
regional quota of a species or management group is not linked to
another species or management group and that overall, regional, and/or
sub-regional quota is available, then that overall, regional, and/or
sub-regional commercial fishery for the shark species or management
group will open as specified in Sec. 635.27(b). When NMFS calculates
that the overall, regional, and/or sub-regional landings for a shark
species and/or management group, as specified in Sec. 635.27(b)(1),
has reached or is projected to reach 80 percent of the applicable
available overall, regional, and/or sub-regional quota as specified in
Sec. 635.27(b)(1) and is projected to reach 100 percent of the
relevant quota by the end of the fishing season, NMFS will file for
publication with the Office of the Federal Register a closure action,
as applicable, for that shark species and/or shark management group
that will be effective no fewer than 4 days from date of filing. From
the effective date and time of the closure until the start of the
following fishing year or until NMFS announces, via the publication of
a notice in the Federal Register, that additional overall, regional,
and/or sub-regional quota is available and the season is reopened, the
overall, regional, and/or sub-regional fisheries for that shark species
or management group are closed.
(3) Linked quotas. As specified in paragraph (b)(4) of this
section, the overall, regional, and/or sub-regional quotas of some
shark species and/or management groups are linked to the overall,
regional, and/or sub-regional quotas of other shark species and/or
management groups. For each pair of linked species and/or management
groups, if the overall, regional, and/or sub-regional quota specified
in Sec. 635.27(b)(1) is available for each pair of linked species and/
or management groups, then the overall, regional, and/or sub-regional
commercial fishery for both of the linked species and/or management
groups will open as specified in Sec. 635.27(b)(1). When NMFS
calculates that the overall, regional, and/or sub-regional landings for
any species and/or management group of a linked group have reached or
are projected to reach 80 percent of the applicable available overall,
regional, and/or sub-regional quota as specified in Sec. 635.27(b)(1)
and are projected to reach 100 percent of the relevant quota before the
end of the fishing season, NMFS will file for publication with the
Office of the Federal Register a closure action for all of the species
and/or management groups in that linked group that will be effective no
fewer than 4 days from date of filing. From the effective date and time
of the closure until the start of the following fishing year or until
NMFS announces, via the publication of a notice in the Federal
Register, that additional overall, regional, and/or sub-regional quota
is available and the season is reopened, the overall, regional, and/or
sub-regional fishery for all species and/or management groups in that
linked group is closed.
* * * * *
[FR Doc. 2023-15967 Filed 8-1-23; 8:45 am]
BILLING CODE 3510-22-P
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