[Federal Register Volume 87, Number 124 (Wednesday, June 29, 2022)]
[Rules and Regulations]
[Pages 38676-38678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13922]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 211108-0227; RTID 0648-XC106]


Atlantic Highly Migratory Species; Commercial Shark Quota 
Transfer

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; inseason quota transfer.

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SUMMARY: NMFS is transferring 11.3 metric tons (mt) dressed weight (dw) 
of aggregated large coastal shark (LCS) quota from the eastern Gulf of 
Mexico sub-region to the western Gulf of Mexico sub-region, and 6.8 mt 
dw of western Gulf of Mexico hammerhead shark sub-region quota to the 
Atlantic hammerhead shark region quota for the remainder of the 2022 
fishing year. This action is based on consideration of the regulatory 
determination criteria regarding inseason quota transfers and affects 
commercial Atlantic shark permitted vessels and dealers.

DATES: Effective June 28, 2022, through December 31, 2022.

FOR FURTHER INFORMATION CONTACT: Guy DuBeck, Ann Williamson, or Karyl 
Brewster-Geisz, at 301-427-8503.

SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed 
under the 2006 Consolidated Atlantic Highly Migratory Species (HMS) 
Fishery Management Plan (FMP), its amendments, and implementing 
regulations (50 CFR part 635) issued under authority of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.). Section 635.27(b) describes the baseline quotas for different 
shark management groups and regions, describes the process for annual 
adjustments to those baseline quotas, and includes the criteria to 
consider for inseason quota transfers between regions and sub-regions. 
Section 635.28(b) describes quotas that are linked for management 
purposes.
    On November 12, 2021 (86 FR 62737), NMFS announced the 2022 
commercial western Gulf of Mexico aggregated LCS (72.0 mt dw; 158,724 
lb dw) and hammerhead shark (11.9 mt dw; 26,301 lb dw) sub-regional 
quotas, eastern Gulf of Mexico aggregated LCS (85.5 mt dw; 188,593 lb 
dw) sub-regional quota, and Atlantic hammerhead shark (27.1 mt dw; 
59,736 lb dw) regional quota. Based on dealer reports received as of 
May 20, 2022, NMFS estimates that in the western Gulf of Mexico sub-
region, 65.7 mt (144,732 lb) or 91 percent of the aggregated LCS sub-
regional quota and less than 2.0 mt dw (less than 4,400 lb dw) or less 
than 17 percent of the hammerhead sub-regional quota has been landed. 
In the eastern Gulf of Mexico sub-region, 31.1 mt dw (68,582 lb dw) or 
36 percent of the aggregated LCS sub-regional quota has been landed. In 
the Atlantic region, 18.5 mt dw (40,874 lb dw) or 68 percent of the 
hammerhead shark regional quota has been landed.
    Regulations provide that quotas for certain shark species and/or 
management groups are linked, including Atlantic hammerhead sharks and 
Atlantic aggregated LCS; eastern Gulf of Mexico hammerhead sharks and 
eastern Gulf of Mexico aggregated LCS; and western Gulf of Mexico 
hammerhead sharks and western Gulf of Mexico aggregated LCS (see Sec.  
635.28(b)(4)). Regulations further provide that for each pair of linked 
species and/or management groups, if landings reach, or are projected 
to reach, a threshold of 80 percent of the available quota and are also 
projected to reach 100 percent of the available quota before the end of 
the 2022 fishing year, NMFS will close the relevant shark management 
groups (see Sec.  635.28(b)(3)). At this time, without further action, 
NMFS projects that both the western Gulf of Mexico aggregated LCS and 
Atlantic hammerhead shark management group quotas could be reached by 
August 15, 2022, and September 15, 2022, respectively. If that happens, 
NMFS would need to close the western Gulf of Mexico aggregated LCS 
group and the linked western Gulf of Mexico hammerhead group, as well 
as the Atlantic aggregated LCS and the linked Atlantic hammerhead 
management groups.
    Under Sec.  635.27(b)(2), NMFS may transfer quota inseason between 
regions or sub-regions. Such transfers may occur for species or 
management groups that are the same in both regions or sub-regions and 
the quota is split for management purposes and not as a result of a 
stock assessment. As described at Sec.  635.27(b)(1)(ii), the sub-
regional splits for the quotas in the Gulf of Mexico region were done 
for management purposes. Therefore, NMFS may transfer aggregated LCS 
quota between Gulf of Mexico sub-regions. As described at Sec.  
635.27(b)(1)(iii)(C), the regional and sub-regional splits for the 
overall hammerhead quota were done for management purposes. Therefore, 
NMFS may transfer hammerhead quota between the Atlantic and Gulf of 
Mexico regions. Before making any such transfer, NMFS must consider the 
following determination criteria in Sec.  635.27(b)(2)(iii), and other 
relevant factors: (1) The usefulness of information obtained from 
catches in the particular management group for biological sampling and 
monitoring of the status of the respective shark species and/or 
management group; (2) the catches of the particular species and/or 
management group quota to date and the likelihood of closure of that 
segment of the fishery if no adjustment is made; (3) the projected 
ability of the vessels fishing under the particular species and/or 
management group quota to harvest the additional amount of 
corresponding quota before the end of the fishing year; (4) effects of 
the adjustment on the status of all shark species; (5) effects of the 
adjustment on accomplishing the objectives of the fishery management 
plan; (6) variations in seasonal distribution, abundance, or migration 
patterns of the appropriate shark species and/or management group; (7) 
effects of catch rates in one area precluding vessels in another area 
from having a reasonable opportunity to harvest a portion of the quota; 
and/or (8) review of dealer reports, daily landing trends, and the 
availability of the respective shark species and/or management group on 
the fishing grounds.
    NMFS has determined that, for the Gulf of Mexico aggregated LCS 
sub-regional landings, the eastern Gulf of Mexico aggregated LCS sub-
regional landings are not projected to reach their quota by the end of 
the year and that the western Gulf of Mexico aggregated LCS sub-
regional quota has exceeded 80 percent (93 percent) of their quota and 
are projected to reach their quota by the end of the year. Therefore, 
NMFS has considered the inseason quota transfer criteria, documented in 
the Quota Transfer section below, and determined that a transfer from 
the sub-regional eastern Gulf of Mexico aggregated LCS quota to the 
western Gulf of Mexico aggregated LCS quota is warranted to avoid 
potential closure of the western Gulf of Mexico aggregated LCS quota 
and the western Gulf of Mexico hammerhead shark quota, which are linked 
under 50 CFR 635.28(b)(4)(iii), while fishing opportunities still 
exist.
    For the hammerhead shark landings, the western Gulf of Mexico 
hammerhead sub-regional landings are relatively low when compared to 
past fishing seasons, hammerhead sharks are not targeted nor landed in 
the western

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Gulf of Mexico sub-region, and that the Atlantic hammerhead regional 
quota is nearing 80 percent (63 percent) of their quota and are 
projected to reach their quota by the end of the year. Therefore, NMFS 
has considered the inseason quota transfer criteria, documented in the 
Quota Transfer section below, and determined that a transfer from the 
western Gulf of Mexico hammerhead shark quota to the Atlantic 
hammerhead shark quota is warranted to avoid potential closure of the 
Atlantic hammerhead shark quota and the Atlantic aggregated LCS quota, 
which are linked under 50 CFR 635.28(b)(4)(i), while fishing 
opportunities still exist.

Quota Transfer

    After fully considering all the criteria listed above, NMFS is 
taking action to transfer aggregated LCS quota from the eastern Gulf of 
Mexico sub-regional quota to the western Gulf of Mexico sub-regional 
quota, and hammerhead shark management group quota from the western 
Gulf of Mexico sub-regional quota to the Atlantic hammerhead shark 
quota. NMFS' consideration of the relevant criteria found at Sec.  
635.27(b)(2)(iii) includes, but is not limited to, the following:
    Regarding the usefulness of information obtained from catches in 
the particular category for biological sampling and monitoring of the 
status of the stock (Sec.  635.27(b)(2)(iii)(A)), biological samples 
collected by NMFS scientific observers on commercial vessels targeting 
aggregated LCS and hammerhead sharks continue to provide NMFS with 
valuable data for ongoing scientific studies of shark age and growth, 
migration, and reproductive status. This is especially important for 
the upcoming bull, spinner, and tiger shark assessments in 2024.
    Regarding the catches of the quotas to date and the likelihood of a 
fishery closure if no adjustment is made, commercial shark dealer data 
show that landings of the western Gulf of Mexico aggregated LCS have 
exceeded 80 percent of the quota (93 percent), while landings of the 
Atlantic hammerhead shark are approaching 80 percent of the quota (63 
percent). Once the landings exceed the threshold of 80 percent of the 
quotas and are also projected to reach 100 percent before the end of 
the 2022 fishing year, the western Gulf of Mexico aggregated LCS and 
hammerhead shark management groups, and the Atlantic aggregated LCS and 
hammerhead shark management groups will close absent a transfer of 
additional quota.
    NMFS also analyzed landings data, catch trends, and potential 
migration of the species involved (Sec.  635.27(b)(2)(iii)(C)-(D) and 
(F)-(H)) and determined that under current fishing rates, 11.3 mt dw of 
eastern Gulf of Mexico sub-regional aggregated LCS and 6.8 mt dw of 
western Gulf of Mexico hammerhead shark management groups are 
reasonable amounts of quota to transfer, allowing fishermen the 
opportunity to fully utilize the available shark quotas while avoiding 
negative economic impacts that would occur by closing the shark 
management groups. This action will not have impacts beyond those 
already analyzed in the 2006 Consolidated HMS FMP and its amendments 
and thus is not expected to negatively impact the stock.
    Regarding the effects of the adjustment on accomplishing the 
objectives of the 2006 Consolidated HMS FMP (Sec.  
635.27(b)(2)(iii)(E)), this action is consistent with the quotas 
previously implemented and analyzed in the 2022 shark quota final rule 
(86 FR 62737; November 12, 2021) and in the final rules implementing 
Amendment 5a (78 FR 40317; July 3, 2013) and Amendment 6 to the 2006 
Consolidated HMS FMP (80 FR 50073; August 18, 2015). Specifically, this 
action is consistent with the objective of providing opportunities to 
fully harvest shark quotas without exceeding them.
    Based on the considerations above, NMFS is transferring 11.3 mt dw 
of eastern Gulf of Mexico aggregated LCS sub-regional quota to the 
western Gulf of Mexico aggregated LCS sub-regional quota, and 6.8 mt dw 
of western Gulf of Mexico hammerhead shark sub-regional quota to the 
Atlantic hammerhead shark management group quota as of June 28, 2022. 
This quota transfer results in adjusted quotas of 74.2 mt dw for 
aggregated LCS in the eastern Gulf of Mexico sub-region, 83.3 mt dw for 
aggregated LCS and 5.1 mt dw for the hammerhead shark management group 
in the western Gulf of Mexico sub-region, and 33.9 mt dw for the 
hammerhead shark management group in the Atlantic region. If landings 
and fishing rates do not increase substantially, transferring Gulf of 
Mexico aggregated LCS sub-regional and Atlantic hammerhead shark 
regional quotas could allow the fisheries in each sub-region and region 
to remain open through the end of the 2022 fishing year.
    Therefore, NMFS adjusts the eastern and western Gulf of Mexico 
aggregated LCS and hammerhead management group sub-regional quotas and 
the Atlantic hammerhead shark management group quota for the remainder 
of the 2022 shark fishing year, unless NMFS announces another quota 
transfer in the Federal Register or close the fishery. NMFS may also 
announce future retention limit adjustments as needed throughout the 
remainder of the 2022 shark fishing year.
    The boundary between the Gulf of Mexico region and the Atlantic 
region is defined at Sec.  635.27(b)(1) as a line beginning on the East 
Coast of Florida at the mainland at 25[deg]20.4' N lat., proceeding due 
east. Any water and land to the south and west of that boundary is 
considered, for the purposes of monitoring and setting quotas, to be 
within the Gulf of Mexico region. The boundary between the western and 
eastern Gulf of Mexico sub-regions is drawn along 88[deg]00' W long. 
(Sec.  635.27(b)(1)(ii)).

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act and regulations at 50 CFR part 635 and is exempt from 
review under Executive Order 12866.
    The Assistant Administrator for NMFS (AA) finds that it is 
impracticable and contrary to the public interest to provide prior 
notice of, and an opportunity for public comment on, this action for 
the following reasons:
    The regulations implementing the 2006 Consolidated HMS FMP and 
amendments provide for inseason adjustments to respond to the 
unpredictable nature of shark species availability on the fishing 
grounds, the migratory nature of these species, and the regional 
variations in the shark fisheries. Affording prior notice and an 
opportunity for public comment regarding this quota transfer is 
impracticable. NMFS could not have proposed this action earlier, as it 
needed to consider and respond to updated landings data, including the 
recently available data as of May 20, 2022, in deciding whether to 
transfer a portion of the eastern Gulf of Mexico sub-regional 
aggregated LCS quota to the western Gulf of Mexico sub-regional 
aggregated LCS quota and western Gulf of Mexico sub-regional hammerhead 
shark quota to the Atlantic regional hammerhead shark quota. If NMFS 
was to offer a public comment period, after having appropriately 
considered that data, it could preclude fishermen from harvesting 
aggregated LCS and hammerhead sharks in the western Gulf of Mexico sub-
region and Atlantic region that are legally available consistent with 
all of the regulatory criteria.
    With quota available, and with no additional expected impacts to 
the stock, it would be contrary to the public interest to preclude 
fishing

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opportunities for fishermen in sub-regions or regions when quota is 
still available for harvest. Analysis of available data shows that 
transfer of the quota from the eastern Gulf of Mexico sub-region to the 
western Gulf of Mexico sub-region would result in minimal risks of 
exceeding the aggregated LCS quotas in the Gulf of Mexico region, and 
transfer of the quota from the western Gulf of Mexico sub-region to the 
Atlantic region would result in minimal risks of exceeding the 
hammerhead shark quotas in either sub-region or region. NMFS notes that 
the public had an opportunity to comment on the underlying rulemakings 
that established the commercial shark quotas and the inseason 
adjustment criteria. Additionally, NMFS provides notification of 
inseason adjustments by publishing the notice in the Federal Register, 
emailing individuals who have subscribed to the Atlantic HMS News 
electronic newsletter, and updating the information posted on 
hmspermits.noaa.gov. Therefore, the AA finds good cause under 5 U.S.C. 
553(b)(B) to waive prior notice and the opportunity for public comment.
    This quota transfer needs to be effective upon filing for public 
inspection with the Office of the Federal Register, or as soon as 
possible thereafter, to minimize any unnecessary disruption in fishing 
patterns, to allow the impacted sectors to benefit from the quota 
transfer, and to not preclude fishing opportunities for fishermen in 
sub-regions or regions when quota is still available for harvest. 
Foregoing opportunities to harvest the respective quotas may have 
negative social and economic impacts for U.S. fishermen that depend 
upon catching the available quota designated in the 2006 Consolidated 
HMS FMP and amendments.
    Therefore, the AA finds there is also good cause under 5 U.S.C. 
553(d) to waive the 30-day delay in effectiveness.

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

    Dated: June 24, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-13922 Filed 6-28-22; 8:45 am]
BILLING CODE 3510-22-P