Rule2025-06472
Atlantic Highly Migratory Species; 2025 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
April 16, 2025
Effective
April 16, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In this action, NMFS adjusts the base annual commercial quotas for the 2025 Atlantic shark commercial fishing year as allowable based on underharvests from the 2024 fishing year. The 2025 Atlantic shark commercial fishing year opened on January 1, 2025 under the base annual commercial quotas and default commercial retention limits. This action is necessary to provide additional fishing opportunities for commercial shark fishermen to harvest optimum yield from the Atlantic shark fisheries.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 72 (Wednesday, April 16, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 72 (Wednesday, April 16, 2025)]
[Rules and Regulations]
[Pages 15936-15938]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06472]
[[Page 15936]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 250410-0063; RTID 0648-XE484]
Atlantic Highly Migratory Species; 2025 Atlantic Shark Commercial
Fishing Year
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: In this action, NMFS adjusts the base annual commercial quotas
for the 2025 Atlantic shark commercial fishing year as allowable based
on underharvests from the 2024 fishing year. The 2025 Atlantic shark
commercial fishing year opened on January 1, 2025 under the base annual
commercial quotas and default commercial retention limits. This action
is necessary to provide additional fishing opportunities for commercial
shark fishermen to harvest optimum yield from the Atlantic shark
fisheries.
DATES: This temporary final rule is effective April 16, 2025 through
December 31, 2025.
ADDRESSES: Electronic copies of this temporary final rule and
supporting documents (including the annual Atlantic Highly Migratory
Species (HMS) Stock Assessment and Fishery Evaluation Report) are
available from the 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#cfaea1a1e1b8a6a3a3a6aea2bca0a18fa1a0aeaee1a8a0b9"><span class="__cf_email__" data-cfemail="5736393979203e3b3b3e363a243839173938363679303821">[email protected]</span></a> or 301-427-8503.
FOR FURTHER INFORMATION CONTACT: Ann Williamson
(<a href="/cdn-cgi/l/email-protection#c8a9a6a6e6bfa1a4a4a1a9a5bba7a688a6a7a9a9e6afa7be"><span class="__cf_email__" data-cfemail="a9c8c7c787dec0c5c5c0c8c4dac6c7e9c7c6c8c887cec6df">[email protected]</span></a>), Guy DuBeck (<a href="/cdn-cgi/l/email-protection#f691838fd892839493959db698999797d8919980"><span class="__cf_email__" data-cfemail="93f4e6eabdf7e6f1f6f0f8d3fdfcf2f2bdf4fce5">[email protected]</span></a>), or Karyl
Brewster-Geisz (<a href="/cdn-cgi/l/email-protection#bcd7ddcec5d092deced9cbcfc8d9ce91dbd9d5cfc6fcd2d3dddd92dbd3ca"><span class="__cf_email__" data-cfemail="a6cdc7d4dfca88c4d4c3d1d5d2c3d48bc1c3cfd5dce6c8c9c7c788c1c9d0">[email protected]</span></a>) at 301-427-8503.
SUPPLEMENTARY INFORMATION:
Background
NMFS, on behalf of the Secretary of Commerce, is responsible for
managing Federal HMS fisheries (i.e., tunas, swordfish, sharks, and
billfish) pursuant to the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) (16 U.S.C. 1801 et seq.) and
consistent with the Atlantic Tunas Convention Act (16 U.S.C. 971 et
seq.). HMS are defined at 16 U.S.C. 1802 and the provisions for their
management are at 16 U.S.C. 1854. The Atlantic Tunas Convention Act is
the implementing statute for binding recommendations of the
International Commission for the Conservation of Atlantic Tunas. NMFS
manages HMS fisheries under the 2006 Consolidated HMS Fishery
Management Plan (FMP) and its amendments. HMS implementing regulations
are at 50 CFR part 635.
For the Atlantic shark commercial fisheries, the HMS FMP and its
amendments established commercial quotas for shark species and
management groups (Sec. 635.27(b)) and adjustment procedures for
underharvests and overharvests (Sec. 635.27(b)(2)). The Atlantic shark
commercial fishing year automatically opens on January 1 of each year
under base quotas (Sec. 635.27(b)(2)).
Previously, NMFS adjusted quotas and retention limits and
established the opening date for the upcoming fishing year for the
Atlantic shark commercial fisheries (80 FR 50074, August 18, 2015).
Under the process established in 2015, NMFS proposed and finalized
adjustments to quota levels for the various shark stocks and management
groups, along with proposing and finalizing the fishery opening dates
and retention limits for directed shark permit holders. These measures
were set prior to the start of the upcoming fishing year, based on
incomplete data available from the previous fishing year. In 2023, NMFS
changed 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 (88 FR 77039,
November 8, 2023). Now with the Atlantic shark commercial fishery
automatically opening on January 1, NMFS can then make an in-season
adjustment to the base quotas, as required or allowable per existing
regulations on underharvest/overharvest carryover at Sec.
635.27(b)(2), based on complete data from the previous fishing year.
NMFS would continue to propose and finalize any changes to the base
quotas and/or changes to the formula used to calculate any annual quota
adjustments as it did in Amendment 9 to the HMS FMP (80 FR 73128,
November 24, 2015). The Atlantic shark fishery in-season quota
adjustment process is consistent with the in-season quota adjustment
process for other HMS fisheries with set opening dates, including those
for Atlantic bluefin tuna, North Atlantic albacore tuna, and South
Atlantic swordfish (see 89 FR 77029, September 20, 2024 and 88 FR
64831, September 20, 2023).
The 2025 Atlantic shark commercial fishing year opened on January
1, 2025 under the base annual commercial quotas. In this action, NMFS
adjusts those base annual commercial quotas based on commercial
landings estimates from 2024.
On January 20, 2025, President Trump issued Executive Order (E.O.)
14172 (Restoring Names that Honor American Greatness). As part of the
order, the Gulf of Mexico is renamed as the Gulf of America. Consistent
with the order, this action uses Gulf of America for all references to
the area known as the Gulf of Mexico in the specific regulations at 50
CFR part 635.
Statutory Authority
The Magnuson-Stevens Act provides NMFS the authority to take this
regulatory action as 16 U.S.C. 1855(d) provides for the promulgation of
such regulations as may be necessary to implement a fishery management
plan and its amendments such as the HMS FMP. The Magnuson-Stevens Act
among other things, requires FMP and FMP implementing measures
necessary for the conservation and management of the fishery to be
consistent with the ten National Standards set forth in 16 U.S.C.
1851(a). While all of the National Standards are relevant, specific to
the objectives of this action, the National Standards state that
measures must: prevent overfishing while achieving optimum yield from
the fishery (National Standard 1); be based on the best scientific
information available (National Standard 2); and take into account and
allow for variations among fisheries, fishery resources, and catches
(National Standard 6). Furthermore, the Magnuson-Stevens Act allows
NMFS to implement annual specifications at a level such that
overfishing does not occur in the fishery, including measures to ensure
accountability (16 U.S.C. 1853(a)(15)). The Magnuson-Stevens Act also
allows management actions to establish specified limitations which are
necessary and appropriate for the conservation and management of the
fishery on the catch of fish (based on area, species, size, number,
weight, sex, bycatch, total biomass, or other factors) (16 U.S.C.
1853(b)(3)(A)). This action is necessary to implement HMS FMP measures
responsive to these Magnuson-Stevens Act requirements and provisions in
relation to commercial shark quota adjustments.
2025 Commercial Atlantic Shark Quotas
In this action, NMFS adjusts the quotas for the various shark
stocks and management groups for the 2025
[[Page 15937]]
Atlantic shark commercial fishing year (i.e., January 1 through
December 31, 2025) based on underharvests that occurred during the 2024
fishing year, consistent with existing regulations at Sec. 635.27(b).
NMFS generally accounts for over- and underharvests in the same region,
sub-region, or fishery in which they occurred the following year. NMFS
may only carryover unharvested quota to the next fishing year for shark
species and management groups comprised of stocks that NMFS has
determined are not overfished and not experiencing overfishing (Sec.
635.27(b)(2)(ii)). NMFS may not carry more than 50 percent of a base
annual quota over from a previous fishing year. NMFS may further adjust
these adjusted quotas in a future action by transferring quotas between
regions or sub-regions throughout the year after considering the
certain criteria (Sec. 635.27(b)(2)(iii))
Based on 2024 harvests (January 1, 2024 through December 31, 2024),
and after considering catch rates and landings from previous years,
NMFS adjusts the 2025 quotas for certain management groups as shown in
Table 1.
As described above, NMFS can carry over 2024 underharvests to the
2025 fishing year for the following management groups because the
stocks or management groups are not overfished and overfishing is not
occurring: Gulf of America blacktip shark, Atlantic smoothhound sharks,
and Gulf of America smoothhound sharks. There were no overharvests to
account for in these management groups in 2024. Thus, available
underharvest (up to 50 percent of the base quota) from the 2024 fishing
year for these management groups may be added to their respective 2025
base quotas. NMFS accounts for any underharvest of Gulf of America
blacktip sharks by dividing underharvest between the eastern and
western Gulf of America sub-regional quotas based on the sub-regional
quota split percentage (Sec. 635.27(b)(1)(ii)(C)).
NMFS cannot carry over 2024 underharvests to the 2025 fishing year
for the following management groups because the stocks or management
groups are overfished, are experiencing overfishing, or have an unknown
status:
<bullet> Aggregated large coastal sharks (LCS), given the unknown
status of some species in the aggregated LCS complex;
<bullet> Hammerhead sharks, given the overfished status of the
scalloped hammerhead shark;
<bullet> Non-blacknose small coastal sharks (SCS), given the
unknown status of bonnethead sharks within Atlantic and Gulf of America
non-blacknose SCS management groups;
<bullet> Blacknose shark, given the overfished status of the
blacknose shark;
<bullet> Blue, porbeagle, and pelagic sharks (other than porbeagle
or blue sharks), given that all of these pelagic species are
overfished, have overfishing occurring, or have an unknown status; and
<bullet> Sandbar shark and research LCS, given sandbar sharks and
scalloped hammerhead sharks are either overfished or overfishing is
occurring.
For the management groups listed above, there were no overharvests
in 2024. Thus, for these management groups, the 2025 commercial quotas
reflect the codified base annual commercial quotas, without adjustment
for over- or underharvest.
See Table 1 for the 2024 commercial quotas, landings, and quota
utilization by species and management group and the 2025 commercial
quotas by species and management group. As mentioned above, NMFS may
carryover unharvested quota (up to 50 percent of the base quota) to the
next fishing year for shark species and management groups comprised of
stocks that NMFS has determined are not overfished and not experiencing
overfishing. All quotas and landings are in dressed weight (dw) metric
tons (mt). Table 1 includes landings data from January 1, 2024 through
December 31, 2024.
Table 1--2025 Quotas for the Atlantic Shark Management Groups
--------------------------------------------------------------------------------------------------------------------------------------------------------
2024 2025
--------------------------------------------------------------------------------------------------------
Region or sub-region Management group Quota Base annual
Adjusted quota Landings utilization % quota Adjustments Adjusted quota
................ (A)............. (B)............. (C) (D)............. (E)............. (F)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Western Gulf of America...... Blacktip Sharks. 347.2 mt 82.7 mt (182,333 24 231.5 mt 115.7 mt 347.2 mt
(765,392 lb). lb). (510,261 lb). (225,131 lb). (765,392 lb)
Aggregate Large 72.0 mt (158,724 29.8 mt (65,721 41 72.0 mt (158,724 ................ 72.0 mt
Coastal Sharks. lb). lb). lb). (158,724 lb)
Hammerhead 11.9 mt (26,301 0 mt (0 lb)..... 0 11.9 mt (26,301 ................ 11.9 mt (26,301
Sharks. lb). lb). lb)
Eastern Gulf of America...... Blacktip Sharks. 37.7 mt (83,158 22.1 mt (48,652 59 25.1 mt (55,439 12.6 mt (27,719 37.7 mt (83,158
lb). lb). lb). lb). lb)
Aggregate Large 85.5 mt (188,593 23.7 mt (52,144 28 85.5 mt (188,593 ................ 85.5 mt
Coastal Sharks. lb). lb). lb). (188,593 lb)
Hammerhead 13.4 mt (29,421 <6 mt (<13,228 <45 13.4 mt (29,421 ................ 13.4 mt (29,421
Sharks. lb). lb). lb). lb)
Gulf of America.............. Non Blacknose 112.6 mt 53.9 mt (118,841 48 112.6 mt ................ 112.6 mt
Small Coastal (248,215 lb). lb). (248,215 lb). (248,215 lb)
Sharks.
Smoothhound 504.6 mt <1 mt (<2,205 <1 336.4 mt 168.2 mt 504.6 mt
Sharks. (1,112,441 lb). lb). (741,627 lb). (370,814 lb). (1,112,441 lb)
Atlantic..................... Aggregate Large 168.9 mt 84.2 mt (185,731 50 168.9 mt ................ 168.9 mt
Coastal Sharks. (372,552 lb). lb). (372,552 lb). (372,552 lb)
Hammerhead 27.1 mt (59,736 17.8 mt (39,191 66 27.1 mt (59,736 ................ 27.1 mt (59,736
Sharks. lb). lb). lb). lb)
Non-Blacknose 264.1 mt 77.7 mt (171,377 29 264.1 mt ................ 264.1 mt
Small Coastal (582,333 lb). lb). (582,333 lb). (582,333 lb)
Sharks.
Blacknose Sharks 17.2 mt (37,921 5.4 mt (11,852 31 17.2 mt (37,921 ................ 17.2 mt (37,921
(South of lb). lb). lb). lb)
34[deg] N. lat.
Only).
Smoothhound 1,802.6 mt 333.8 mt 19 1,201.7 mt 600.9 mt 1,802.6 mt
Sharks. (3,973,902 lb). (735,890 lb). (2,649,268 lb). (1,324,634 lb). (3,973,902 lb)
No Regional Quotas........... Non-Sandbar LCS 50.0 mt (110,230 9.1 mt (20,06 18 50.0 mt (110,230 ................ 50.0 mt
Research. lb). lb). lb). (110,230 lb)
[[Page 15938]]
Sandbar Shark 90.7 mt (199,943 56 mt (123,059 62 90.7 mt (199,943 ................ 90.7 mt
Research. lb). lb). lb). (199,943 lb)
Blue Sharks..... 273.0 mt <1 mt (<2,205 <1 273.0 mt ................ 273.0 mt
(601,856 lb). lb). (601,856 lb). (601,856 lb)
Porbeagle Sharks 1.7 mt (3,748 <1 mt (<2,205 <30 1.7 mt (3,748 ................ 1.7 mt (3,748
lb). lb). lb). lb)
Pelagic Sharks 488.0 mt 16.3 mt (35,963 3 488.0 mt ................ 488.0 mt
Other Than (1,075,856 lb). lb). (1,075,856 lb). (1,075,856 lb)
Porbeagle or
Blue.
--------------------------------------------------------------------------------------------------------------------------------------------------------
NMFS can only apply underharvest adjustments 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. NMFS calculated the adjusted quotas (Column F) are by adding the underharvest
amount, up to the carryover limit (Column E), to the base annual commercial quota (Column D).
Classification
NMFS is issuing this rule pursuant to section 305(d) of the
Magnuson-Stevens Act. The reason for using this regulatory authority
is: in a previous action taken pursuant to section 304(c), NMFS
designed the HMS FMP to authorize the Department of Commerce to take
this action pursuant to the Magnuson-Stevens Act section 305(d). The
NMFS Assistant Administrator has determined that this temporary final
rule is consistent with the HMS FMP, its amendments, and other
applicable law.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on this action, as notice
and comment would be impracticable, unnecessary, and contrary to the
public interest. The rulemaking processes for Amendment 2 to the HMS
FMP (73 FR 35778, June 24, 2008; corrected 73 FR 40658, July 15, 2008),
Amendment 5a to the HMS FMP (78 FR 40318, July 3, 2013), Amendment 6 to
the HMS FMP (80 FR 50073, August 18, 2015), Amendment 9 to the HMS FMP
(80 FR 73128, November 24, 2015), and the 2024 Atlantic shark
commercial fishing year rule (88 FR 77039, November 8, 2023)
specifically provided prior notice of, and accepted public comment on,
the base quotas that are being adjusted and the formulaic quota
adjustment processes to carry over overharvests and underharvests for
the commercial Atlantic shark fishery. These processes have not
changed, and the application of these formulas to the relevant quotas
in this temporary final rule is a routine action that does not have
discretionary aspects requiring additional consideration. There are no
new base annual quotas for the relevant species for 2025. Additionally,
similar actions to adjust the quotas based on the previous year's
underharvest occur annually. NMFS has carried over underharvested quota
from the previous fishing year to the maximum extent allowed since
2020. Thus, it is unnecessary to provide prior notice and an additional
opportunity for public comment on this rule.
There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in effective date. This rule is an annual, routine action that
the regulated community does not need time to prepare for. The 2025
Atlantic shark commercial fishery opened on January 1, 2025. NMFS
monitors Atlantic shark annual catch and uses the previous year's catch
data to calculate the legally allowable quotas for the current year.
However, these adjustments to the 2025 quotas could not occur earlier
in the year because the final 2024 landings data were not available
until early 2025. Given that these fisheries are currently open and
permit-holders are actively fishing, delaying the effective date of
this rule's quota adjustments could in turn lead to premature closure
of one or more affected fisheries if the unadjusted quota limit is
reached within the next 30 days. Such an event would negatively affect
the regulated fisheries' reasonable opportunity to catch the available
quotas, contrary to Magnuson-Stevens Act requirements and overall
purpose of sound conservation and management of fisheries--including
Atlantic sharks--in a manner that achieves optimum yield.
This temporary final rule is exempt from review under E.O. 12866.
This temporary final rule is not a regulatory action under E.O. 14192.
NMFS has determined that this action would not have a substantial
direct effect on one or more Indian Tribes, on the relationship between
the Federal Government and Indian Tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
Tribes; therefore, consultation with Tribal officials under E.O. 13175
is not required, and the requirements of sections (5)(b) and (5)(c) of
E.O. 13175 also do not apply. A Tribal summary impact statement under
section (5)(b)(2)(B) and section (5)(c)(2)(B) of E.O. 13175 is not
required and has not been prepared.
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
Dated: April 10, 2025.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2025-06472 Filed 4-15-25; 8:45 am]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on April 16, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.