[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Rules and Regulations]
[Pages 62737-62741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24721]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 211108-0227;RTID 0648-XT040]


Atlantic Highly Migratory Species; 2022 Atlantic Shark Commercial 
Fishing Year

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 62738]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; fishing season notification.

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SUMMARY: This final rule establishes the 2022 opening date for all 
Atlantic shark fisheries, including the fisheries in the Gulf of Mexico 
and Caribbean. This final rule also establishes the shark fisheries 
quotas for the 2022 fishing year, with adjustments based on harvest 
levels during 2021 and establishes the large coastal shark (LCS) 
initial retention limits for directed shark limited access permit 
holders. NMFS may increase or decrease these retention limits for 
directed shark limited access permit holders during the year, in 
accordance with existing regulations, to provide equitable fishing 
opportunities for commercial shark fishermen in all regions and areas, 
to the extent practicable. These actions could affect fishing 
opportunities for commercial shark fishermen in the northwestern 
Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea.

DATES: This rule is effective on January 1, 2022. The 2022 Atlantic 
commercial shark fishing year opens on January 1, 2022, for all species 
and regions.

ADDRESSES: Atlantic Highly Migratory Species (HMS) Management Division, 
1315 East-West Highway, Silver Spring, MD 20910; https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species.

FOR FURTHER INFORMATION CONTACT: Guy DuBeck ([email protected]), 
Derek Kraft ([email protected]), or Karyl Brewster-Geisz 
([email protected]) at 301-427-8503.

SUPPLEMENTARY INFORMATION:

Background

    The Atlantic commercial shark fisheries are managed under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act). The 2006 Consolidated Atlantic HMS Fishery 
Management Plan (FMP) and its amendments are implemented by regulations 
at 50 CFR part 635. For the Atlantic commercial shark fisheries, the 
2006 Consolidated HMS FMP and its amendments established default 
commercial shark retention limits, commercial quotas for species and 
management groups, and accounting measures for underharvests and 
overharvests. The retention limits, commercial quotas, and accounting 
measures can be found at Sec. Sec.  635.24(a) and 635.27(b). 
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/or 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)(3), any annual or inseason adjustments to the base 
annual commercial overall, regional, or sub-regional quotas will be 
published in the Federal Register.
    On August 8, 2021, NMFS published a proposed rule (86 FR 43151) 
regarding management measures for the commercial shark fisheries for 
the 2022 fishing year. The rule proposed opening all Atlantic 
commercial shark management groups on January 1, 2022, setting initial 
retention limits for LCS by directed shark limited access permit 
holders, and adjusting certain quotas for the 2022 fishing year based 
on harvest levels during 2021. The proposed rule contains background 
information and details that are not repeated here. The comment period 
on the proposed rule closed on September 7, 2021. NMFS received one 
written comment during the comment period. This comment, along with 
NMFS' response, is summarized below. After considering the comment, 
NMFS is finalizing the rule as proposed.
    Specifically, NMFS is opening the fishing year for all shark 
management groups on January 1, 2022. As described in the proposed 
rule, in establishing the opening date, NMFS considered the ``opening 
commercial fishing season'' criteria at Sec.  635.27(b)(3). These 
criteria include the following factors: Available annual quotas for the 
current fishing season; estimated season length and average weekly 
catch rates from previous years; length of the season and fishermen 
participation in past years; impacts to accomplishing objectives of the 
2006 Consolidated HMS FMP and its amendments; temporal variation in 
behavior or biology of target species (e.g., seasonal distribution or 
abundance); impact of catch rates in one region on another; and effects 
of delayed season openings. This final rule also establishes a starting 
retention limit for directed shark limited access permit holders in the 
blacktip, aggregated LCS, and hammerhead management groups of 55 LCS 
other than sandbar sharks per vessel per trip for the entire Gulf of 
Mexico region (which includes both the eastern and western sub-regions) 
and for the Atlantic region. This final rule does not affect or change 
the current retention limit for incidental shark limited access permit 
holders for all regions. Consistent with Sec.  635.24(a)(3) and (4), 
the current retention limits for incidental shark limited access permit 
holders will remain at 3 LCS other than sandbar sharks per vessel per 
trip, and no more than 16 small coastal sharks (SCS) and pelagic 
sharks, combined, per vessel per trip. Additionally, the retention 
limit for blacknose sharks for all permit holders in the Atlantic 
region south of 34[deg]00' N lat. will remain at eight blacknose sharks 
per trip consistent with Sec.  635.24(a)(4). Blacknose sharks may not 
be harvested in the Gulf of Mexico region.
    This final rule also adjusts certain annual commercial quotas for 
2022 based on over- and/or underharvests, calculated after accounting 
for landings reported by September 17, 2021, consistent with existing 
regulations. Updated landings information as of September 17, 2021 has 
been reviewed (as reflected in Table 1), and no quotas are changed from 
the proposed rule as a result. While this action adjusts certain quotas 
as allowable, it does not establish or change the annual baseline 
commercial quotas established under the 2006 Consolidated HMS FMP and 
its amendments for any shark management group. The baseline quotas were 
established under previous actions, and any changes to those baseline 
quotas would be performed through a separate action.

Response to Comments

    NMFS received one written comment on the proposed rule. That 
comment can be found at http://www.regulations.gov/ by searching for 
NOAA-NMFS-2021-0056. The comment received is summarized below.
    Comment 1: NMFS received a comment requesting a prohibition of all 
commercial shark fishing.
    Response: This comment is outside the scope of this rulemaking 
because the purpose of this rulemaking is to adjust certain quotas for 
the 2022 shark season based on over- and underharvests from the 
previous years and to set opening dates and commercial retention limits 
for the 2022 shark season. This action does not reanalyze the overall 
management measures for sharks, which have been analyzed and 
implemented through previous rulemaking processes for the 2006 
Consolidated HMS FMP and its amendments. Sustainable commercial shark 
fishing is allowed

[[Page 62739]]

under the Magnuson-Stevens Act and other applicable laws.

Changes From the Proposed Rule

    After considering public comment and updated landings information, 
NMFS is finalizing the rule as proposed, without changes regarding the 
fishing season opening dates or retention limits.

2022 Annual Quotas

    This final rule adjusts certain 2022 commercial quotas due to 
overharvests in 2021 and previous fishing years and/or underharvests in 
2021, based on landings data received by September 17, 2021. 
Underharvest adjustments can only be applied to stocks or management 
groups that are not overfished, have no overfishing occurring, or do 
not have an unknown status. Also, current regulations provide that the 
underharvest adjustments cannot exceed 50 percent of the base annual 
quota. The 2022 annual quotas are summarized in Table 1 by species and 
management group. At this time, NMFS anticipates that landings in 
dealer reports that NMFS receives after September 17, 2021, will be 
accounted for by adjusting certain 2023 quotas, as appropriate, 
although such landings could also be accounted for in 2022. A 
description of the quota calculations is provided in the proposed rule 
and is not repeated here.

                                 Table 1--2022 Proposed Quotas and Opening Date for the Atlantic Shark Management Groups
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                                                                           Preliminary 2021                        2022 Base annual      2022 Proposed
      Region or sub-region         Management group    2021 Annual quota     landings \1\       Adjustments \2\          quota           annual quota
                                                      (A)...............  (B)...............  (C)...............  (D)...............  (D + C)
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Western Gulf of Mexico..........  Blacktip Sharks     347.2 mt dw         222.6 mt (490,693   115.7 mt (255,131   231.5 mt (510,261   347.2 mt (765,392
                                   \3\.                (765,392 lb).       lb).                lb).                lb).                lb)
                                  Aggregated Large    72.0 mt (158,724    66.9 mt (147,445    ..................  72.0 mt (158,724    72.0 mt (158,724
                                   Coastal Sharks.     lb).                lb).                                    lb).                lb)
                                  Hammerhead Sharks.  11.9 mt (26,301     <1.5 mt (<3,300     ..................  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     15.3 mt (33,800     12.6 mt (27,719     25.1 mt (55,439     37.7 mt (83,158
                                   \3\.                lb).                lb).                lb).                lb).                lb)
                                  Aggregated Large    85.5 mt (188,593    49.7 mt (109,566    ..................  85.5 mt (188,593    85.5 mt (188,593
                                   Coastal Sharks.     lb).                lb).                                    lb).                lb)
                                  Hammerhead Sharks.  13.4 mt (29,421     5.7 mt (12,567 lb)  ..................  13.4 mt (29,421     13.4 mt (29,421
                                                       lb).                                                        lb).                lb))
Gulf of Mexico..................  Non-Blacknose       112.6 mt (248,215   31.8 mt (70,172     ..................  112.6 mt (248,215   112.6 mt (248,215
                                   Small Coastal       lb).                lb).                                    lb).                lb)
                                   Sharks.
                                  Smoothhound Sharks  504.6 mt            0 mt (0 lb).......  168.2 mt (370,814   336.4 mt (741,627   504.6 mt
                                                       (1,112,441 lb).                         lb).                lb).                (1,112,441 lb)
Atlantic........................  Aggregated Large    168.9 mt (372,552   53.5 mt (117,960    ..................  168.9 mt (372,552   168.9 mt (372,552
                                   Coastal Sharks.     lb).                lb).                                    lb).                lb)
                                  Hammerhead Sharks.  27.1 mt (59,736     12.2 mt (26,842     ..................  27.1 mt (59,736     27.1 mt (59,736
                                                       lb).                lb).                                    lb).                lb)
                                  Non-Blacknose       264.1 mt (582,333   52.4 mt (115,473    ..................  264.1 mt (582,333   264.1 mt (582,333
                                   Small Coastal       lb).                lb).                                    lb).                lb)
                                   Sharks.
                                  Blacknose Sharks    17.2 mt (37,921     5.3 mt (11,787 lb)  ..................  17.2 mt (37,921     17.2 mt (37,921
                                   (South of 34[deg]   lb).                                                        lb).                lb)
                                   N lat. only).
                                  Smoothhound Sharks  1,802.6 mt          272.3 mt (600,339   600.9 mt            1,201.7 mt          1,802.6 mt
                                                       (3,971,587 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    7.4 mt (16,304 lb)  ..................  50.0 mt (110,230    50.0 mt (110,230
                                   Research.           lb).                                                        lb).                lb)
                                  Sandbar Shark       90.7 mt (199,943    49.0 mt (108,131    ..................  90.7 mt (199,943    90.7 mt (199,943
                                   Research.           lb).                lb).                                    lb).                lb)
                                  Blue Sharks.......  273.0 mt (601,856   <1.0 mt (<2,200     ..................  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 (<2,200     ..................  1.7 mt (3,748 lb).  1.7 mt (3,748 lb)
                                                                           lb).
                                  Pelagic Sharks      488.0 mt            30.3 mt (66,738     ..................  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, 2021, through September 17, 2021, and are subject to change as additional data is received.
\2\ Underharvest adjustments can only be applied to stocks or management groups that are not overfished and have no overfishing occurring and that do
  not have an ``unknown'' status. Also, the underharvest adjustments cannot exceed 50 percent of the base quota.
\3\ This adjustment accounts for underharvest in 2021. This proposed rule would increase the overall Gulf of Mexico blacktip shark quota by 128.3 metric
  ton (mt) (282,850 pounds (lb)). Since any underharvest would be divided based on the sub-regional quota percentage split, the western Gulf of Mexico
  blacktip shark quota would be increased by 115.7 mt, while the eastern Gulf of Mexico blacktip shark quota would be increased by 12.6 mt.

2022 Atlantic Commercial Shark Fishing Year

    After considering the seven ``opening commercial fishing season'' 
criteria listed in Sec.  635.27(b)(3) as described in the proposed rule 
(86 FR 43151; August 8, 2021), and after considering public comment, 
this rule establishes a January 1, 2022, commercial shark fishing year 
start date for all management groups in all regions.
    Regarding the LCS retention limit, as shown in Table 2, directed 
shark limited access permit holders fishing on the Gulf of Mexico 
blacktip shark, aggregated LCS, and hammerhead shark management groups, 
as well as the Atlantic aggregated LCS and hammerhead shark management 
groups will start the commercial fishing year with a limit of 55 LCS 
other than sandbar sharks per vessel per trip. These retention limits 
could be changed throughout the year based on consideration of the 
inseason trip limit adjustment criteria at Sec.  635.24(a)(8).
    All of the shark management groups will remain open until December 
31, 2022, or until closure is appropriate. Under the regulations, shark 
fisheries are closed if NMFS determines that the landings for any shark 
management group have reached, or are projected to reach, 80 percent of 
the available overall, regional, and/or sub-regional quota, if the 
fishery's landings are not also projected to reach 100 percent of the 
applicable quota before the end of the season, or when the quota-linked

[[Page 62740]]

management group is closed. For the blacktip shark management group, 
regulations at Sec.  635.28(b)(5)(i) through (v) authorize NMFS to 
close the management group before landings reach or are expected to 
reach 80 percent of the available overall, regional, and/or sub-
regional 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; 
effects on accomplishing the objectives of the 2006 Consolidated 
Atlantic 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. Additionally, 
NMFS has previously established non-linked and linked quotas. Linked 
quotas are explicitly designed to concurrently close shark management 
groups that are caught together and linked by regulation to prevent 
incidental catch mortality from exceeding the total allowable catch. 
The linked and non-linked quotas are shown in Table 2. If NMFS 
determines that a shark species or management group must be closed, 
then NMFS will publish a notice in the Federal Register of closure for 
that shark species, shark management group, region, and/or sub-region 
that will be effective no fewer than 4 days from the date of filing 
(Sec.  635.28(b)(2) and (3)). From the effective date of the notice and 
time of the closure, the fisheries for the shark species or management 
group are closed, even across fishing years, until NMFS announces, via 
the publication of a notice in the Federal Register, that additional 
quota is available, and the season is reopened.

    Table 2--Quota Linkages, Opening Dates, and Commercial Retention Limit by Regional or Sub-Regional Shark
                                                Management Group
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                                                                                                    Commercial
                                                                                                    retention
                                                                                                    limits for
                                                                                                  directed shark
    Region or sub-region         Management       Quota linkages            Opening dates         limited access
                                   group                                                          permit holders
                                                                                                    (inseason
                                                                                                 adjustments are
                                                                                                    available)
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Eastern Gulf of Mexico......  Blacktip Sharks  Not Linked..........  January 1, 2022...........  55 LCS other
                                                                                                  than sandbar
                                                                                                  sharks per
                                                                                                  vessel per
                                                                                                  trip.
                              Aggregated       Linked..............
                               Large Coastal
                               Sharks.
                              Hammerhead
                               Sharks.
Western Gulf of Mexico......  Blacktip Sharks  Not Linked..........  January 1, 2022...........  55 LCS other
                                                                                                  than sandbar
                                                                                                  sharks per
                                                                                                  vessel per
                                                                                                  trip.
                              Aggregated       Linked..............
                               Large Coastal
                               Sharks.
                              Hammerhead
                               Sharks.
Gulf of Mexico..............  Non-Blacknose    Not Linked..........  January 1, 2022...........  N/A.
                               Small Coastal
                               Sharks.
                              Smoothhound      Not Linked..........  January 1, 2022...........
                               Sharks.
Atlantic....................  Aggregated       Linked..............  January 1, 2022...........  55 LCS other
                               Large Coastal                                                      than sandbar
                               Sharks.                                                            sharks per
                                                                                                  vessel per
                                                                                                  trip.
                              Hammerhead
                               Sharks.
                              Non-Blacknose    Linked (South of      January 1, 2022...........  N/A.
                               Small Coastal    34[deg] N lat.
                               Sharks.          only).
                              Blacknose                                                          8 blacknose
                               Sharks.                                                            sharks per
                                                                                                  vessel per
                                                                                                  trip
                                                                                                 (applies to
                                                                                                  directed and
                                                                                                  incidental
                                                                                                  permit
                                                                                                  holders).
                              Smoothhound      Not Linked..........  January 1, 2022...........  N/A.
                               Sharks.
No regional quotas..........  Non-Sandbar LCS  Linked..............  January 1, 2022...........  N/A.
                               Research.
                              Sandbar Shark
                               Research.
                              Blue Sharks....  Not Linked..........  January 1, 2022...........  N/A.
                              Porbeagle
                               Sharks.
                              Pelagic Sharks
                               Other Than
                               Porbeagle or
                               Blue.
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\1\ This action modifies the percent of quota harvested at which it considers adjusting the retention limit.
  NMFS will consider adjustment to 40 percent to allow fishermen in the Atlantic region to more fully utilize
  the quota.

Classification

    NMFS is issuing this rule pursuant to 305(d) of the Magnuson-
Stevens Act, which authorizes the Secretary to promulgate regulations 
as may be necessary to carry out FMPs or FMP amendments or other 
provisions of the Act. This action carries out provisions of the 2006 
Consolidated HMS FMP and its amendments. The NMFS Assistant 
Administrator has determined that the final rule is consistent with the 
2006 Consolidated HMS FMP and its amendments, other provisions of the 
Magnuson-Stevens Act, and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.
    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 regulatory flexibility 
analysis was not required, and none was prepared.

[[Page 62741]]

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations, Imports, 
Penalties, Reporting and recordkeeping requirements, Statistics, 
Treaties.

    Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.

    Dated: November 8, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2021-24721 Filed 11-10-21; 8:45 am]
BILLING CODE 3510-22-P