Rule2023-24307
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
November 8, 2023
Effective
January 1, 2024
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 2024 fishing year for the Atlantic shark commercial fisheries. NMFS also changes the management measures 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 increases the default commercial retention limit for the large coastal shark (LCS) fisheries. Quotas are adjusted as required or allowable based on any underharvests from the previous fishing years. 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 88 Issue 215 (Wednesday, November 8, 2023)</title>
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[Federal Register Volume 88, Number 215 (Wednesday, November 8, 2023)]
[Rules and Regulations]
[Pages 77039-77043]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24307]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 231030-0254]
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: Final rule.
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SUMMARY: This final rule adjusts the quotas and retention limits and
establishes the opening date for the 2024 fishing year for the Atlantic
shark commercial fisheries. NMFS also changes the management measures
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 increases the default commercial
retention limit for the large coastal shark (LCS) fisheries. Quotas are
adjusted as required or allowable based on any underharvests from the
previous fishing years. 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, 2024. The 2024
Atlantic shark commercial fishing year opens on January 1, 2024 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) 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#68090606461f0104040109051b07062806070909460f071e"><span class="__cf_email__" data-cfemail="8beae5e5a5fce2e7e7e2eae6f8e4e5cbe5e4eaeaa5ece4fd">[email protected]</span></a> or 301-427-8503.
FOR FURTHER INFORMATION CONTACT: Ann Williamson
(<a href="/cdn-cgi/l/email-protection#24454a4a0a534d48484d4549574b4a644a4b45450a434b52"><span class="__cf_email__" data-cfemail="28494646065f4144444149455b47466846474949064f475e">[email protected]</span></a>), Guy DuBeck (<a href="/cdn-cgi/l/email-protection#abccded285cfdec9cec8c0ebc5c4caca85ccc4dd"><span class="__cf_email__" data-cfemail="4b2c3e32652f3e292e28200b25242a2a652c243d">[email protected]</span></a>), or Karyl
Brewster-Geisz (<a href="/cdn-cgi/l/email-protection#b5ded4c7ccd99bd7c7d0c2c6c1d0c798d2d0dcc6cff5dbdad4d49bd2dac3"><span class="__cf_email__" data-cfemail="e982889b9085c78b9b8c9e9a9d8c9bc48e8c809a93a987868888c78e869f">[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
[[Page 77040]]
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, 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 2024 and future
fishing years for the Atlantic commercial shark fisheries was provided
in the proposed rule (88 FR 50822, August 2, 2023) and is not repeated
here. The comment period for the proposed rule closed on September 1,
2023. NMFS received two written comments. 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.
Final Opening Date and Retention Limit Measures
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
2024 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, 2024. NMFS is also starting the 2024
commercial shark fishing season with the commercial retention limit of
55 LCS other than sandbar sharks per vessel per trip in both the
eastern and western Gulf of Mexico sub-regions as well as in the
Atlantic region (Table 1). 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)).
Additionally, NMFS revises the regulations for 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, NMFS revises 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. NMFS maintains the
flexibility to prevent a regional or sub-regional shark management
group from automatically opening on January 1 if the respective quota
is overharvested or there are 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). 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.
Regarding the default retention limit, NMFS revises the regulations
at Sec. 635.24(a) to change the default commercial retention limit to
55 LCS other than sandbar sharks per vessel per trip for Shark Directed
limited access permit holders. NMFS does 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).
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. 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 1.
If NMFS determines that shark species and/or management group must
be closed, then NMFS will publish in the Federal Register a notice of
closure for that shark species, 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. 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 the shark species and/or management groups will be
closed.
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
sandbar sharks per
vessel per trip.
Aggregated LCS......... Linked.................
Hammerhead Sharks......
Eastern Gulf of Mexico............... Blacktip Sharks........ Not Linked............. 55 LCS other than
sandbar sharks per
vessel per trip.
Aggregated LCS......... Linked.................
[[Page 77041]]
Hammerhead Sharks......
Gulf of Mexico....................... Non-Blacknose SCS...... Not Linked............. N/A.
Smoothhound Sharks..... Not Linked............. N/A.
Atlantic............................. Aggregated LCS......... Linked................. 55 LCS other than
sandbar sharks per
vessel per trip.
Hammerhead Sharks......
Non-Blacknose SCS...... Linked (South of N/A.
34[deg] N lat. Only).
Blacknose Sharks....... ....................... 8 blacknose sharks per
(South of 34[deg] N vessel per trip \3\.
lat. 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.
Final 2024 Commercial Shark Quotas
In this final rule, NMFS adjusts 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 maximum of 5 fishing years.
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 through September 18, 2023, and after
considering catch rates and landings from previous years, NMFS adjusts
the 2024 quotas for certain management groups as shown in Table 2. NMFS
anticipates that dealer reports received after September 18, 2023 will
be used to adjust 2025 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 2--2024 Quotas for the Atlantic Shark Management Groups
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Preliminary 2023 2024 Base annual 2024 Final annual
Region or sub-region Management group 2023 Annual quota landings \1\ Adjustments \2\ quota quota
(A)............... (B)............... (C)............... (D)............... (D+C).............
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Western Gulf of Mexico.......... Blacktip Sharks... 347.2 mt (765,392 235.5 mt (519,232 115.7 mt (225,131 231.5 mt (510,261 347.2 mt (765,392
lb). lb). lb). lb). lb).
Aggregate Large 72.0 mt (158,724 77.8 mt (171,540 .................. 72.0 mt (158,724 72.0 mt (158,724
Coastal Sharks lb). lb). lb). lb).
\3\.
Hammerhead Sharks. 11.9 mt (26,301 <3.0 mt (<6,612 .................. 11.9 mt (26,301 11.9 mt (26,301
lb). lb). lb). lb).
Eastern Gulf of Mexico.......... Blacktip Sharks... 37.7 mt (83,158 3.8 mt (8,345 lb). 12.6 mt (27,719 25.1 mt (55,439 37.7 mt (83,158
lb). lb). lb). lb).
Aggregate Large 85.5 mt (188,593 5.6 mt (12,260 lb) .................. 85.5 mt (188,593 85.5 mt (188,593
Coastal Sharks lb). lb). lb).
\3\.
Hammerhead Sharks. 13.4 mt (29,421 <1.0 mt (<2,204 .................. 13.4 mt (29,421 13.4 mt (29,421
lb). lb). lb). lb).
Gulf of Mexico.................. Non-Blacknose 112.6 mt (428,215 32.7 mt (71,987 .................. 112.6 mt (428,215 112.6 mt (428,215
Small Coastal lb). lb). lb). lb).
Sharks.
Smoothhound Sharks 504.6 mt <1.0 mt (<2,204 168.2 mt (370,814 336.4 mt (741,627 504.6 mt
(1,112,441 lb). lb). lb). lb). (1,112,441 lb).
Atlantic........................ Aggregate Large 168.9 mt (372,552 78.5 mt (172,983 .................. 168.9 mt (372,552 168.9 mt (372,552
Coastal Sharks. lb). lb). lb). lb).
Hammerhead Sharks. 27.1 mt (59,736 19.9 mt (43,800 .................. 27.1 mt (59,736 27.1 mt (59,736
lb). lb). lb). lb).
Non-Blacknose 264.1 mt (582,333 52.5 mt (115,820 .................. 264.1 mt (582,333 264.1 mt (582,333
Small Coastal lb). lb). lb). lb).
Sharks.
Blacknose Sharks 17.2 mt (3,921 lb) 4.7 mt (10,363 lb) .................. 17.2 mt (3,921 lb) 17.2 mt (3,921
(South of 34[deg] lb).
N lat. Only).
Smoothhound Sharks 1,802.6 mt 290.6 mt (640,557 600.9 mt 1,201.7 mt 1,802.6 mt
(3,973,902 lb). lb). (1,324,634 lb). (2,649,268 lb). (3,973,902 lb).
No Regional Quotas.............. Non-Sandbar LCS 50.0 mt (110,230 <2.0 mt (<4,408 .................. 50.0 mt (110,230 50.0 mt (110,230
Research. lb). lb). lb). lb).
Sandbar Shark 90.7 mt (199,943 <22.0 mt (<48,500 .................. 90.7 mt (199,943 90.7 mt (199,943
Research. lb). lb). lb). lb).
Blue Sharks....... 273.0 mt (601,856 <2.0 mt (<4,408 .................. 273.0 mt (601,856 273.0 mt (601,856
lb). lb). lb). lb).
Porbeagle Sharks.. 1.7 mt (3,748 lb). <1.0 mt (<2,204 .................. 1.7 mt (3,748 lb). 1.7 mt (3,748 lb).
lb).
[[Page 77042]]
Pelagic Sharks 488.0 mt 15.5 mt (34,131 .................. 488.0 mt 488.0 mt
Other Than (1,075,856 lb). lb). (1,075,856 lb). (1,075,856 lb).
Porbeagle or Blue.
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\1\ Landings are from January 1, 2023 through September 18, 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).
Response to Comments
Written comments can be found at <a href="http://www.regulations.gov/">http://www.regulations.gov/</a> by
searching ``NOAA-NMFS-2023-0018.'' Below, NMFS summarizes and responds
to the two written comments received on the proposed rule during the
comment period. Similar comments are combined, where appropriate.
Comment: NMFS received two comments that requested a prohibition on
all shark fishing, expressing concern over the stock status of Atlantic
shark species. Specifically, one of the comments stated that commercial
harvest of sharks is not sustainable, and commercial shark fishing
should be prohibited until shark populations have recovered.
Response: NMFS disagrees with the statement that commercial harvest
of sharks is not sustainable. Under the Magnuson-Stevens Act, NMFS is
required to foster the long-term biological and economic sustainability
of fisheries, including the shark fishery. The majority of sharks
harvested in the United States are from stocks with above-target
population levels. For shark stocks that are overfished, NMFS has
established rebuilding plans based on the best scientific information
available. Most of these rebuilding plans include some level of
commercial harvest. For those shark stocks that are experiencing
overfishing, NMFS has implemented management measures, which may
include strict catch limits, to end overfishing. 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), and to change the default opening date for all
Atlantic shark fisheries and the default retention limit measures for
LCS fisheries for future fishing years. Prohibiting all shark fishing
is contrary to that objective and to the requirements of the Magnuson-
Stevens Act.
Classification
The NMFS Assistant Administrator has determined that this final
rule is consistent with the 2006 Consolidated HMS FMP and its
amendments, the Magnuson-Stevens Act, and other applicable law.
This final 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 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, 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.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations, Imports,
Penalties, Reporting and recordkeeping requirements, Statistics,
Treaties.
Dated: October 31, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 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 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
[[Page 77043]]
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 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 publication 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 both of the 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 publication 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. 2023-24307 Filed 11-7-23; 8:45 am]
BILLING CODE 3510-22-P
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