[Federal Register Volume 87, Number 174 (Friday, September 9, 2022)]
[Proposed Rules]
[Pages 55379-55387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19473]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220902-0184; RTID 0648-XC082]


Atlantic Highly Migratory Species; 2023 Atlantic Shark Commercial 
Fishing Year

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

ACTION: Proposed rule; request for comments.

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SUMMARY: This proposed rule would adjust quotas and retention limits 
and establish the opening date for the 2023 fishing year for the 
Atlantic commercial shark fisheries. Quotas would be adjusted as 
required or allowable based on any underharvests from the 2022 fishing 
year. NMFS proposes the opening date and commercial retention limits to 
provide, to the extent practicable, fishing opportunities for 
commercial shark fishermen in all regions and areas. The proposed 
measures could affect fishing opportunities for commercial shark 
fishermen in the northwestern Atlantic Ocean, Gulf of Mexico, and 
Caribbean Sea.

[[Page 55380]]


DATES: Written comments must be received by October 11, 2022.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2022-0064, by electronic submission. Submit all electronic 
public comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2022-0064 in the search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Copies of this proposed rule and supporting documents are available 
from the Atlantic Highly Migratory Species (HMS) Management Division 
website at https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species or by contacting Ann Williamson 
([email protected]) by phone at 301-427-8503.

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

SUPPLEMENTARY INFORMATION:

Background

    Atlantic shark fisheries are managed primarily 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.
    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 accountability measures for underharvests and overharvests. The 
retention limits, commercial quotas, and accountability measures can be 
found at 50 CFR 635.24(a), 635.27(b), and 635.28(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 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.

2023 Proposed Commercial Shark Quotas

    NMFS proposes to adjust the quota levels for the various shark 
stocks and management groups for the 2023 Atlantic commercial shark 
fishing year (i.e., January 1 through December 31, 2023) based on 
underharvests that occurred during the 2022 fishing year, consistent 
with existing regulations at Sec.  635.27(b). Overharvests and 
underharvests are accounted for in the same region, sub-region, or 
fishery in which they occurred the following year, except that large 
overharvests may be spread over a number of subsequent fishing years up 
to a maximum of five years. If a sub-regional quota is overharvested, 
but the overall regional quota is not, no subsequent adjustment is 
required. Unharvested quota may be added to the quota for the next 
fishing year, but only for shark management groups that have shark 
stocks that are declared not overfished and not experiencing 
overfishing. No more than 50 percent of a base annual quota may be 
carried over from a previous fishing year.
    Based on 2022 harvests to date, and after considering catch rates 
and landings from previous years, NMFS proposes to adjust the 2023 
quotas for certain management groups as shown in Table 1. All of the 
2023 proposed quotas for the respective stocks and management groups 
will be subject to further adjustment in the final rule after NMFS 
considers landings submitted in the dealer reports through mid-October. 
NMFS anticipates that dealer reports received after that time will be 
used to adjust 2024 quotas, as appropriate, noting that, in some 
circumstances, NMFS re-adjusts quotas during the subject year.
    Because the Gulf of Mexico blacktip shark management group and 
smoothhound shark management groups in the Gulf of Mexico and Atlantic 
regions are not overfished, and overfishing is not occurring, available 
underharvest (up to 50 percent of the base annual quota) from the 2022 
fishing year for these management groups may be added to their 
respective 2023 base quotas. NMFS proposes to account for any 
underharvest of Gulf of Mexico blacktip sharks by dividing underharvest 
between the eastern and western Gulf of Mexico sub-regional quotas 
based on the sub-regional quota split percentage (Sec.  
635.27(b)(1)(ii)(C)).
    For the sandbar shark, aggregated large coastal shark (LCS), 
hammerhead shark, non-blacknose small coastal shark (SCS), blacknose 
shark, blue shark, porbeagle shark, and pelagic shark (other than 
porbeagle or blue sharks) management groups, the 2022 underharvests 
cannot be carried over to the 2023 fishing year because those stocks or 
management groups are overfished, are experiencing overfishing, or have 
an unknown status. There are no overharvests to account for in these 
management groups to date. Thus, NMFS proposes that quotas for these 
management groups be equal to the annual base quota without adjustment, 
although the ultimate decision will be based on current data at the 
time of the final rule.
    The proposed 2023 quotas by species and management group are 
summarized in Table 1 and the description of the calculations for each 
stock and management group can be found below. All quotas and landings 
are in dressed weight (dw) metric tons (mt). Table 1 includes landings 
data as of July 15, 2022. Final quotas are subject to change based on 
landings as of mid-October 2022.

[[Page 55381]]



                                                    Table 1--2023 Proposed Quotas and Opening Dates for the Atlantic Shark Management Groups
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                                                                                Preliminary 2022                          2023 Base annual      2023 Proposed
       Region or sub-region          Management group     2022 Annual quota       landings \1\       Adjustments \2\           quota             annual quota           Season opening date
                                                         (A)................  (B)................  (C)................  (D)................  (D + C)............
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Western Gulf of Mexico...........  Blacktip Sharks.....  347.2 mt...........  210.9 mt...........  115.7 mt...........  231.5 mt...........  347.2 mt...........  January 1, 2023.
                                                         (765,392 lb).......  (464,908 lb).......  (225,131 lb).......  (510,261 lb).......  (765,392 lb).......
                                   Aggregate Large       72.0 mt............  67.3 mt............  ...................  72.0 mt............  72.0 mt.
                                    Coastal Sharks \3\.  (158,724 lb).......  (148,371 lb).......  ...................  (158,724 lb).......  (158,724 lb).......
                                   Hammerhead Sharks     11.9 mt............  <2.0 mt............  ...................  11.9 mt............  11.9 mt.
                                    \4\.                 (26,301 lb)........  (<4,400 lb)........  ...................  (26,301 lb)........  (26,301 lb)........
Eastern Gulf of Mexico...........  Blacktip Sharks.....  37.7 mt............  1.5 mt.............  12.6 mt............  25.1 mt............  37.7 mt.
                                                         (83,158 lb)........  (3,339 lb).........  (27,719 lb)........  (55,439 lb)........  (83,158 lb)........
                                   Aggregate Large       85.5 mt............  36.1 mt............  ...................  85.5 mt............  85.5 mt.
                                    Coastal Sharks \3\.  (188,593 lb).......  (79,506 lb)........  ...................  (188,593 lb).......  (188,593 lb).......
                                   Hammerhead Sharks     13.4 mt............  3.4 mt.............  ...................  13.4 mt............  13.4 mt.
                                    \4\.                 (29,421 lb)........  (7,487 lb).........  ...................  (29,421 lb)........  (29,421 lb)........
Gulf of Mexico...................  Non-Blacknose Small   112.6 mt...........  17.1 mt............  ...................  112.6 mt...........  112.6 mt.
                                    Coastal Sharks.      (428,215 lb).......  (37,639 lb)........  ...................  (428,215 lb).......  (428,215 lb).......
                                   Smoothhound Sharks..  504.6 mt...........  0.0 mt.............  168.2 mt...........  336.4 mt...........  504.6 mt.
                                                         (1,112,441 lb).....  (0 lb).............  (370,814 lb).......  (741,627 lb).......  (1,112,441 lb).....
Atlantic.........................  Aggregate Large       168.9 mt...........  48.0 mt............  ...................  168.9 mt...........  168.9 mt...........  January 1, 2023.
                                    Coastal Sharks.      (372,552 lb).......  (105,893 lb).......  ...................  (372,552 lb).......  (372,552 lb).......
                                   Hammerhead Sharks     27.1 mt............  21.5 mt............  ...................  27.1 mt............  27.1 mt.
                                    \4\.                 (59,736 lb)........  (47,294 lb)........  ...................  (59,736 lb)........  (59,736 lb)........
                                   Non-Blacknose Small   264.1 mt...........  29.8 mt............  ...................  264.1 mt...........  264.1 mt.
                                    Coastal Sharks.      (582,333 lb).......  (65,727 lb)........  ...................  (582,333 lb).......  (582,333 lb).......
                                   Blacknose Sharks      17.2 mt............  2.8 mt.............  ...................  17.2 mt............  17.2 mt.
                                    (South of 34[deg] N  (3,973,902 lb).....  (6,231 lb).........  ...................  (3,973,902 lb).....  (3,973,902 lb).....
                                    lat. Only).
                                   Smoothhound Sharks..  1,802.6 mt.........  176.8 mt...........  600.9 mt...........  1,201.7 mt.........  1,802.6 mt.
                                                         (3,973,902 lb).....  (389,804 lb).......  (1,324,634 lb).....  (2,649,268 lb).....  (3,973,902 lb).....
No Regional Quotas...............  Non-Sandbar LCS       50.0 mt............  2.1 mt.............  ...................  50.0 mt............  50.0 mt............  January 1, 2023.
                                    Research.            (110,230 lb).......  (4,650 lb).........  ...................  (110,230 lb).......  (110,230 lb).......
                                   Sandbar Shark         90.7 mt............  38.2 mt............  ...................  90.7 mt............  90.7 mt.
                                    Research.            (199,943 lb).......  (84,161 lb)........  ...................  (199,943 lb).......  (199,943 lb).......
                                   Blue Sharks.........  273.0 mt...........  <1.0 mt............  ...................  273.0 mt...........  273.0 mt.
                                                         (601,856 lb).......  (<2,200 lb)........  ...................  (601,856 lb).......  (601,856 lb).......
                                   Porbeagle Sharks....  1.7 mt.............  0.0 mt.............  ...................  1.7 mt.............  1.7 mt.
                                                         (3,748 lb).........  (0 lb).............  ...................  (3,748 lb).........  (3,748 lb).........
                                   Pelagic Sharks Other  488.0 mt...........  20.6 mt............  ...................  488.0 mt...........  488.0 mt.
                                    Than Porbeagle or    (1,075,856 lb).....  (45,383 lb)........  ...................  (1,075,856 lb).....  (1,075,856 lb).....
                                    Blue.
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 \1\ Landings are from January 1, 2022 through July 15, 2022 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 11.3 mt dw of the aggregate LCS quota from the Gulf of Mexico eastern sub-region to the western sub-region on June 28, 2022 (87 FR 38676; June 29, 2022).
 \4\ NMFS transferred 6.8 mt dw of the hammerhead quota from the western Gulf of Mexico sub-region to the Atlantic region on June 28, 2022 (87 FR 38676; June 29, 2022).

Shark Management Groups Where Underharvests Can Be Carried Over

    The Gulf of Mexico blacktip shark management group (which is 
divided between eastern and western sub-regions) and smoothhound shark 
management groups in the Gulf of Mexico and Atlantic regions are not 
overfished, and overfishing is not occurring. Pursuant to Sec.  
635.27(b)(2)(ii), available underharvest (up to 50 percent of the base 
annual quota) from the 2022 fishing year for these management groups 
may be added to their respective 2023 base quotas. Reported landings 
for blacktip sharks and smoothhound sharks have not exceeded their 2022 
quotas to date.
    Blacktip Sharks: The 2023 proposed commercial quota for blacktip 
sharks in the western Gulf of Mexico sub-region is 347.2 mt dw (765,392 
lb dw) and in the eastern Gulf of Mexico sub-region is 37.7 mt dw 
(83,158 lb dw). As of July 15, 2022, preliminary reported landings for 
blacktip sharks in the Gulf of Mexico western sub-region were at 61 
percent (210.9 mt dw) of their 2022 quota (347.2 mt dw), and in the 
eastern sub-region were at 4 percent (1.5 mt dw) of their 2022 quota 
(37.7 mt dw). Consistent with Sec.  635.27(b)(1)(ii)(C), any 
underharvest would be divided between the two Gulf of Mexico sub-
regions based on the percentages that are allocated to each sub-region 
(i.e., 90.2 percent to the western sub-region and 9.8 percent to the 
eastern sub-region). As of July 15, 2022, the overall Gulf of Mexico 
blacktip shark management group is underharvested by 172.5 mt dw 
(380,303 lb dw). The proposed 2023 adjusted base annual quota for 
blacktip sharks in the western Gulf of Mexico sub-region is 347.2 mt dw 
(231.5 mt dw annual base quota + 115.7 mt dw 2022 underharvest = 347.2 
mt dw 2023 adjusted annual quota) and in the eastern Gulf of Mexico 
sub-region is 37.7 mt dw (25.1 mt dw annual base quota + 12.6 mt dw 
2022 underharvest = 37.7 adjusted annual quota).
    Smoothhound Sharks: The 2023 proposed commercial quota for 
smoothhound sharks in the Gulf of Mexico region is 504.6 mt dw 
(1,112,441 lb dw) and in the Atlantic region is 1,802.6 mt dw 
(3,973,902 lb dw). As of July 15, 2022, there have been no smoothhound 
shark landings in the Gulf

[[Page 55382]]

of Mexico region, and 10 percent (176.8 mt dw) of their 2022 quota 
(1,802.6 mt dw) has been landed in the Atlantic region. NMFS proposes 
to adjust the 2023 Gulf of Mexico and Atlantic smoothhound shark quotas 
for anticipated underharvests in 2022 to the full extent allowed. The 
proposed 2023 adjusted base annual quota for Gulf of Mexico smoothhound 
sharks is 504.6 mt dw (336.4 mt dw annual base quota + 168.2 mt dw 2022 
underharvest = 504.6 mt dw 2023 adjusted annual quota) and for Atlantic 
smoothhound sharks is 1,802.6 mt dw (1,201.7 mt dw annual base quota + 
600.9 mt dw 2022 underharvest = 1,802.6 mt dw 2023 adjusted annual 
quota).

Shark Management Groups Where Underharvests Cannot Be Carried Over

    Consistent with the current regulations at Sec.  635.27(b)(2)(ii), 
2022 underharvests cannot be carried over to the 2023 fishing year for 
the following stocks or management groups because they are overfished, 
are experiencing overfishing, or have an unknown status: sandbar shark, 
aggregated LCS, hammerhead shark, non-blacknose SCS, blacknose shark, 
blue shark, porbeagle shark, and pelagic shark (other than porbeagle or 
blue sharks) management groups. For these stocks, the 2023 proposed 
commercial quotas reflect the codified annual base quotas, without 
adjustment for underharvest. At this time, no overharvests have 
occurred, which would require adjustment downward.
    Aggregate LCS: The 2023 proposed commercial quota for aggregated 
LCS in the western Gulf of Mexico sub-region is 72.0 mt dw (158,724 lb 
dw) and in the eastern Gulf of Mexico sub-region is 85.5 mt dw (188,593 
lb dw). The 2023 proposed commercial quota for aggregated LCS in the 
Atlantic region is 168.9 mt dw (372,552 lb dw). In a recent action, 
NMFS transferred 11.3 mt dw of aggregate LCS quota from the eastern 
Gulf of Mexico sub-region to the western Gulf of Mexico sub-region (87 
FR 38676; June 29, 2022). That inseason quota transfer would not impact 
the proposed actions in this rulemaking. As of July 15, 2022, 
preliminary reported landings for aggregated LCS in the western Gulf of 
Mexico sub-region were 81 percent (67.3 mt dw) of their 2022 quota 
(72.0 mt dw), in the eastern Gulf of Mexico sub-region were 49 percent 
(36.1 mt dw) of their 2022 quota (85.5 mt dw), and in the Atlantic 
region were 28 percent (48.0 mt dw) of their 2022 quota (168.9 mt dw). 
Reported landings from both Gulf of Mexico sub-regions and the Atlantic 
region have not exceeded the 2022 overall aggregated LCS quota to date. 
Given the unknown status of some species in the aggregated LCS complex, 
the aggregated LCS quota cannot be adjusted for any underharvests. 
Based on preliminary estimates and catch rates from previous years, 
NMFS proposes that the 2023 quotas for aggregated LCS in the western 
and eastern Gulf of Mexico sub-regions and the Atlantic region be equal 
to their annual base quotas without adjustment.
    Hammerhead Sharks: The 2023 proposed commercial quotas for 
hammerhead sharks in the western Gulf of Mexico sub-region is 11.9 mt 
dw (26,301 lb dw) and eastern Gulf of Mexico sub-region is 13.4 mt dw 
(29,421 lb dw). The 2023 proposed commercial quota for hammerhead 
sharks in the Atlantic region is 27.1 mt dw (59,736 lb dw). In a recent 
action, NMFS transferred 6.8 mt dw of hammerhead shark quota from 
western Gulf of Mexico sub-region to the Atlantic region (87 FR 38676; 
June 29, 2022). That inseason quota transfer would not impact the 
proposed actions in this rulemaking. As of July 15, 2022, preliminary 
reported landings of hammerhead sharks in the western Gulf of Mexico 
sub-region were less than 40 percent (<2.0 mt dw) of their 2022 quota 
(11.9 mt dw), in the eastern Gulf of Mexico sub-region were at 25 
percent (3.4 mt dw) of their 2022 quota (13.4 mt dw), and in the 
Atlantic region were at 63 percent (21.5 mt dw) of their 2022 quota 
(27.1 mt dw). Reported landings from the Gulf of Mexico sub-regions and 
the Atlantic region have not exceeded the 2022 overall hammerhead quota 
to date. Given the overfished status of the scalloped hammerhead shark, 
the hammerhead shark quota cannot be adjusted for any underharvests. 
Based on preliminary estimates and catch rates from previous years, 
NMFS proposes that the 2023 quotas for hammerhead sharks in the western 
and eastern Gulf of Mexico sub-regions and Atlantic region be equal to 
their annual base quotas without adjustment.
    Blacknose Sharks: The 2023 proposed commercial quota for blacknose 
sharks in the Atlantic region is 17.2 mt dw (37,921 lb dw). This quota 
is available in the Atlantic region only for those vessels operating 
south of 34[deg] N latitude. North of 34[deg] N latitude, retention, 
landing, or sale of blacknose sharks is prohibited. As of July 15, 
2022, preliminary reported landings of blacknose sharks in the Atlantic 
region were at 16 percent (2.8 mt dw) of their 2022 quota (17.2 mt dw). 
Given the overfished status of the blacknose shark, the blacknose shark 
quota cannot be adjusted for any underharvests. Based on preliminary 
estimates and catch rates from previous years, NMFS proposes that the 
2023 quota for blacknose sharks in the Atlantic region be equal to 
their annual base quota without adjustment.
    Non-Blacknose SCS: The 2023 proposed commercial quota for non-
blacknose SCS in the Gulf of Mexico region is 112.6 mt dw (428,215 lb 
dw) and in the Atlantic region is 264.1 mt dw (582,333 lb dw). As of 
July 15, 2022, preliminary reported landings of non-blacknose SCS in 
the Gulf of Mexico were at 15 percent (17.1 mt dw) of their 2022 quota 
(112.6 mt dw) and in the Atlantic region were at 11 percent (29.8 mt 
dw) of their 2022 quota (264.1 mt). Given the unknown status of 
bonnethead sharks within Atlantic and Gulf of Mexico non-blacknose SCS 
management groups, underharvests cannot be carried forward. Based on 
preliminary estimates and catch rates from previous years, NMFS 
proposes that the 2023 quotas for non-blacknose SCS in the Gulf of 
Mexico and Atlantic regions be equal to their annual base quotas 
without adjustment.
    Blue Sharks, Porbeagle Sharks, and Pelagic Sharks (Other Than 
Porbeagle and Blue Sharks): The 2023 proposed commercial quotas for 
blue sharks, porbeagle sharks, and pelagic sharks (other than porbeagle 
or blue sharks) are 273.0 mt dw (601,856 lb dw), 1.7 mt dw (3,748 lb 
dw), and 488.0 mt dw (1,075,856 lb dw), respectively. On July 1, 2022, 
NMFS published a final rule that establishes a shortfin mako shark 
retention limit of zero in commercial and recreational Atlantic HMS 
fisheries, consistent with a 2021 ICCAT recommendation (87 FR 39373). 
Retention of shortfin mako sharks was previously permitted, consistent 
with existing regulations, as part of the pelagic sharks complex. As of 
July 15, 2022, there have been no porbeagle shark landings, landings of 
blue sharks were less than 1 percent (<1.0 mt) of their 2022 quota 
(273.0 mt), and landings of pelagic sharks (other than porbeagle and 
blue sharks) were at 4 percent (20.6 mt dw) of their 2022 quota (488.0 
mt dw). Given that all of these pelagic species are overfished, have 
overfishing occurring, or have an unknown status, underharvests cannot 
be carried forward. Based on preliminary estimates of catch rates from 
previous years, NMFS proposes that the 2023 quotas for blue sharks, 
porbeagle sharks, and pelagic sharks (other than porbeagle and blue 
sharks) be equal to their annual base quotas without adjustment.
    Shark Research Fishery: The 2023 proposed commercial quotas within 
the shark research fishery are 50.0 mt dw (110,230 lb dw) for research 
LCS and

[[Page 55383]]

90.7 mt dw (199,943 lb dw) for sandbar sharks. Within the shark 
research fishery, as of July 15, 2022, preliminary reported landings of 
research LCS were at 4 percent (2.1 mt dw) of their 2022 quota (50.0 mt 
dw) and sandbar shark reported landings were at 42 percent (38.2 mt dw) 
of their 2022 quota (90.7 mt dw). Because sandbar sharks and scalloped 
hammerhead sharks within the research LCS management group are either 
overfished or overfishing is occurring, underharvests for these 
management groups cannot be carried forward. Based on preliminary 
estimates, NMFS proposes that the 2023 quotas in the shark research 
fishery be equal to their annual base quotas without adjustment.

Proposed Opening Dates and Retention Limits

    In proposing the commercial shark fishing season opening dates for 
all regions and sub-regions, NMFS considered the ``Opening Commercial 
Fishing Season Criteria,'' listed at Sec.  635.27(b)(3):
     The available annual quotas for the current fishing 
season;
     Estimated season length and average weekly catch rates 
from previous years;
     Length of the season and fishery participation in past 
years;
     Temporal variation in behavior or biology of target 
species (e.g., seasonal distribution or abundance);
     Impact of catch rates in one region on another region;
     Effects of the adjustment on accomplishing the objectives 
of the 2006 Consolidated HMS FMP and its amendments; and
     Effects of delayed openings.
    When analyzing the criteria to open a commercial fishing season, 
NMFS considers the underharvests of the different management groups in 
the 2022 fishing year to determine the likely effects of the proposed 
commercial quotas for 2023 on shark stocks and fishermen across 
regional and sub-regional fishing areas. NMFS also examines the 
potential season length and previous catch rates to ensure, to the 
extent practicable, that equitable fishing opportunities will be 
provided to fishermen in all areas. Lastly, NMFS assesses the seasonal 
variation of the different species and management groups, as well as 
seasonal variation in fishing opportunities. At the start of each 
fishing year, the default commercial retention limit is 45 LCS other 
than sandbar sharks per vessel per trip in the eastern and western Gulf 
of Mexico sub-regions and in the Atlantic region, unless NMFS 
determines otherwise and publishes a notice of inseason adjustment in 
the Federal Register (Sec.  635.24(a)(2)). NMFS may 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.
    NMFS also considered the seven ``Inseason Trip Limit Adjustment 
Criteria'' listed at Sec.  635.24(a)(8):
     The amount of remaining shark quota in the relevant area, 
region, or sub-region, to date, based on dealer reports;
     The catch rates of the relevant shark species/complexes in 
the region or sub-region, to date, based on dealer reports;
     The estimated date of fishery closure based on when the 
landings are projected to reach 80 percent of the quota given the 
realized catch rates and whether they are projected to reach 100 
percent before the end of the fishing season;
     Effects of the adjustment on accomplishing the objectives 
of the 2006 Consolidated HMS FMP and its amendments;
     Variations in seasonal distribution, abundance, or 
migratory patterns of the relevant shark species based on scientific 
and fishery-based knowledge;
     Effects of catch rates in one part of a region precluding 
vessels in another part of that region from having a reasonable 
opportunity to harvest a portion of the relevant quota; and/or
     Any shark retention allowance set by ICCAT, the amount of 
remaining allowance, and the expected or reported catch rates of the 
relevant shark species, based on dealer and other harvest reports.
    When analyzing the inseason adjustment criteria, NMFS examines 
landings submitted in dealer reports on a weekly basis and catch rates 
based upon those dealer reports. NMFS has found that, to date, landings 
and subsequent quotas have not been exceeded. Given the pattern of 
landings over previous years, seasonal distribution of the species and 
management groups have not had an effect on the landings within a 
region or sub-region.
    After considering both sets of criteria in Sec. Sec.  635.24 and 
635.28, NMFS is proposing to open the 2023 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, 2023, after the publication of the final rule for this 
action (Table 2). NMFS proposes to open the season on January 1, 2023, 
but recognizes that the actual opening date is contingent upon 
publication of the final rule in the Federal Register, and may vary 
accordingly. NMFS is also proposing to start the 2023 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, and a commercial retention limit of 55 LCS other 
than sandbar sharks per vessel per trip in the Atlantic region (Table 
2). The final retention limits could change as a result of public 
comments and/or updated catch rates and landings information submitted 
in dealer reports.

 Table 2--Quota Linkages, Season Opening Dates, and Commercial Retention Limit by Regional or Sub-Regional Shark
                                                Management Group
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                                                                                                  Commercial
                                                                                               retention limits
      Region or sub-region         Management group   Quota linkages \1\    Season opening    for directed shark
                                                                                 date           limited access
                                                                                              permit holders \2\
----------------------------------------------------------------------------------------------------------------
Western Gulf of Mexico..........  Blacktip Sharks...  Not Linked........  January 1, 2023...  55 LCS other than
                                                                                               sandbar sharks
                                                                                               per vessel per
                                                                                               trip.
                                  Aggregate Large     Linked............
                                   Coastal Sharks.
                                  Hammerhead Sharks.
Eastern Gulf of Mexico..........  Blacktip Sharks...  Not Linked........  January 1, 2023...  55 LCS other than
                                                                                               sandbar sharks
                                                                                               per vessel per
                                                                                               trip.
                                  Aggregate Large     Linked............
                                   Coastal Sharks.
                                  Hammerhead Sharks.
Gulf of Mexico..................  Non-Blacknose       Not Linked........  January 1, 2023...  N/A.
                                   Small Coastal
                                   Sharks.
                                  Smoothhound Sharks  Not Linked........  January 1, 2023...  N/A.

[[Page 55384]]

 
Atlantic........................  Aggregate Large     Linked............  January 1, 2023...  55 LCS other than
                                   Coastal Sharks.                                             sandbar sharks
                                                                                               per vessel per
                                                                                               trip.
                                  Hammerhead Sharks.
                                  Non-Blacknose       Linked (South of    January 1, 2023...  N/A.
                                   Small Coastal       34[deg] N lat.
                                   Sharks.             Only).
                                  Blacknose Sharks                                            8 blacknose sharks
                                   (South of 34[deg]                                           per vessel per
                                   N lat. Only).                                               trip.\3\
                                  Smoothhound Sharks  Not Linked........  January 1, 2023...  N/A.
No Regional Quotas..............  Non-Sandbar LCS     Linked \4\........  January 1, 2023...  N/A.
                                   Research.
                                  Sandbar Shark
                                   Research.
                                  Blue Sharks.......  Not Linked........  January 1, 2023...  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.

    In the eastern and western Gulf of Mexico sub-regions, NMFS 
proposes opening the fishing season on January 1, 2023, for the 
aggregated LCS, blacktip shark, and hammerhead shark management groups, 
with a commercial retention limit of 55 LCS other than sandbar sharks 
per vessel per trip for directed shark permits. This opening date and 
retention limit combination would provide, to the extent practicable, 
equitable opportunities across the fisheries management sub-regions. 
The season opening criteria listed in Sec.  635.27(b)(3) requires NMFS 
to consider the length of the season for the different species and/or 
management groups in the previous years (Sec.  635.27(b)(3)(ii) and 
(iii)) and whether fishermen were able to participate in the fishery in 
those years (Sec.  635.27(b)(3)(iii)). In addition, the criteria listed 
in Sec.  635.24(a)(8) require NMFS to consider the catch rates of the 
relevant shark species/complexes based on landings submitted in dealer 
reports to date (Sec.  635.24(a)(8)(ii)). NMFS may also adjust the 
retention limit in the Gulf of Mexico region throughout the season to 
ensure fishermen in all parts of the region have an opportunity to 
harvest aggregated LCS, blacktip sharks, and hammerhead sharks (see the 
criteria listed at Sec. Sec.  635.27(b)(3)(v) and 635.24(a)(2) and 
(a)(8)(ii), (v), and (vi)). Given these requirements, NMFS reviewed 
landings on a weekly basis for all species and/or management groups and 
determined that fishermen have been able to participate in the fishery, 
and landings from both Gulf of Mexico sub-regions and the Atlantic 
region have not exceeded the 2022 overall aggregated LCS quota to date. 
For both the eastern and western Gulf of Mexico sub-regions combined, 
landings submitted in dealer reports received through July 15, 2022, 
indicate that 66 percent (103.4 mt dw), 55 percent (212.4 mt dw), and 
29 percent (5.0 mt dw) of the available aggregated LCS, blacktip shark, 
and hammerhead shark quotas, respectively, have been harvested. 
Therefore, for 2023, NMFS is proposing opening both the eastern and 
western Gulf of Mexico sub-regions with a commercial retention limit of 
55 LCS other than sandbar sharks per vessel per trip.
    In the Atlantic region, NMFS proposes opening the aggregated LCS 
and hammerhead shark management groups on January 1, 2023. The criteria 
listed in Sec.  635.27(b)(3) consider the effects of catch rates in one 
part of a region precluding vessels in another part of that region from 
having a reasonable opportunity to harvest a portion of the different 
species and/or management quotas (Sec.  635.27(b)(3)(v)). The 2022 data 
indicate that an opening date of January 1 would provide a reasonable 
opportunity for fishermen in every part of each region to harvest a 
portion of the available quotas (Sec.  635.27(b)(3)(i)), while 
accounting for variations in seasonal distribution of the different 
species in the management groups (Sec.  635.27(b)(3)(iv)). Because the 
proposed 2023 quotas and season lengths are the same as they were in 
2022, NMFS anticipates that the participation of various fishermen 
throughout the region, would be similar in 2023 (Sec.  635.27(b)(3)(ii) 
and (iii)). Additionally, the January 1 opening date appears to meet 
the objectives of the 2006 Consolidated HMS FMP and its amendments 
(Sec.  635.27(b)(3)(vi)), because it provides equal fishing 
opportunities for fishermen to fully utilize the available quotas. 
Considering the reduced landings in the past 5 years, NMFS proposes to 
open the aggregated LCS and hammerhead shark management groups for the 
2023 fishing year on January 1, 2023, with a retention limit of 55 LCS 
other than sandbar sharks per vessel per trip. Starting with the 
highest retention limit available could allow fishermen in the Atlantic 
region to more fully utilize the available science-based quota. 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)). For 
example, if the quota is harvested too quickly, NMFS could consider 
reducing the retention limit as appropriate to ensure enough quota 
remains until later in the year. NMFS would publish in the Federal 
Register notification of any inseason adjustments of the retention 
limit.
    All of the regional or sub-regional commercial fisheries for shark 
management groups would remain open until December 31, 2023, or until 
NMFS determines that the landings for any shark management group are 
projected to reach 80 percent of the quota given the realized catch 
rates and are projected to reach 100 percent of the quota before the 
end of the fishing season, or until a quota-linked species or 
management group is closed. If NMFS determines that a non-quota-linked 
shark species or management group fishery must be closed, then, 
consistent with Sec.  635.28(b)(2) for non-

[[Page 55385]]

linked quotas (e.g., eastern Gulf of Mexico blacktip sharks, western 
Gulf of Mexico blacktip sharks, Gulf of Mexico non-blacknose SCS, 
pelagic sharks, or the Atlantic or Gulf of Mexico smoothhound sharks), 
NMFS will publish in the Federal Register a notice of closure for that 
shark species, shark management group, region, and/or sub-region. The 
closure will be effective no fewer than 4 days from the date of filing 
for public inspection with the Office of the Federal Register.
    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 following criteria and other relevant factors: season 
length based on available sub-regional quota and average sub-regional 
catch rates; variability in regional and/or sub-regional seasonal 
distribution, abundance, and migratory patterns of blacktip sharks, 
hammerhead sharks, and aggregated LCS; effects on accomplishing the 
objectives of the 2006 Consolidated HMS FMP and its amendments; amount 
of remaining shark quotas in the relevant sub-region; and regional and/
or sub-regional catch rates of the relevant shark species or management 
groups. The fisheries for the shark species or management group would 
be closed (even across fishing years) from the effective date and time 
of the closure until NMFS publishes in the Federal Register a notice 
that additional quota is available and the season is reopened.
    If NMFS determines that a quota-linked species and/or management 
group must be closed, then, consistent with Sec.  635.28(b)(3) for 
linked quotas, NMFS will publish in the Federal Register a notice of 
closure for all of the species and/or management groups in a linked 
group. The closure will be effective no fewer than 4 days from the date 
of filing for public inspection with the Office of the Federal 
Register. In that event, from the effective date and time of the 
closure until the season is reopened and additional quota is available 
(via publication of another notice in the Federal Register), the 
fisheries for all quota-linked species and/or management groups will be 
closed, even across fishing years. The quota-linked species and/or 
management groups are: Atlantic hammerhead sharks and Atlantic 
aggregated LCS; eastern Gulf of Mexico hammerhead sharks and eastern 
Gulf of Mexico aggregated LCS; western Gulf of Mexico hammerhead sharks 
and western Gulf of Mexico aggregated LCS; and Atlantic blacknose 
sharks and Atlantic non-blacknose SCS south of 34[deg] N latitude.

Request for Comments

    Comments on this proposed rule and on NMFS' determination that this 
proposed rule, if adopted, would not have a significant economic impact 
on a substantial number of small entities (as discussed below in the 
Classification section), may be submitted via www.regulations.gov. NMFS 
solicits comments on this proposed rule by October 11, 2022 (see DATES 
and ADDRESSES).

Classification

    The NMFS Assistant Administrator has determined that this proposed 
rule is consistent with the 2006 Consolidated HMS FMP and its 
amendments, the Magnuson-Stevens Act, and other applicable law, subject 
to further consideration after public comment.
    This rulemaking would implement previously adopted and analyzed 
measures with adjustments, as specified in the 2006 Consolidated HMS 
FMP and its amendments, and the Environmental Assessment (EA) that 
accompanied the 2011 Atlantic shark commercial fishing year rule (75 FR 
76302; December 8, 2010). Impacts have been evaluated and analyzed in 
Amendment 2 (73 FR 35778; June 24, 2008; corrected 73 FR 40658; July 
15, 2008), Amendment 3 (75 FR 30484; June 1, 2010; corrected 75 FR 
50715; August 17, 2010), Amendment 5a (78 FR 40318; July 3, 2013), 
Amendment 6 (80 FR 50073; August 18, 2015), and Amendment 9 (80 FR 
73128; November 24, 2015) to the 2006 Consolidated HMS FMP, and in the 
Final Environmental Impact Statements (FEISs) for Amendments 2, 3, and 
5a, and the EAs for Amendments 6 and 9. The final rule for Amendment 2 
implemented base quotas and quota adjustment procedures for sandbar 
shark and non-sandbar LCS species/management groups, and Amendments 3 
and 5a implemented base quotas for Gulf of Mexico blacktip shark, 
aggregated LCS, hammerhead shark, blacknose shark, and non-blacknose 
SCS management groups and quota transfers for Atlantic sharks. The 
final rule for Amendment 6 implemented a revised commercial shark 
retention limit, revised base quotas for sandbar shark and non-
blacknose SCS species/management groups, new sub-regional quotas in the 
Gulf of Mexico region for blacktip sharks, aggregated LCS, and 
hammerhead sharks, and new management measures for blacknose sharks. 
The final rule for Amendment 9 implemented management measures, 
including commercial quotas, for smoothhound sharks in the Atlantic and 
Gulf of Mexico regions. In 2010, NMFS prepared an EA with the 2011 
Atlantic shark commercial fishing year rule (75 FR 76302; December 8, 
2010) that describes the impact on the human environment that would 
result from implementation of measures to delay the start date and 
allow for inseason adjustments. NMFS has determined that the quota 
adjustments and season opening dates of this proposed rule and the 
resulting impacts to the human environment are within the scope of the 
analyses considered in the FEISs and EAs for these amendments, and 
additional National Environmental Policy Act analysis is not warranted 
for this proposed rule.
    This action is exempt from review under Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this determination is as follows.
    This proposed rule would adjust quotas and retention limits and 
establish the opening date for the 2023 fishing year for the Atlantic 
commercial shark fisheries. NMFS would adjust quotas as required or 
allowable based on any overharvests and/or underharvests from the 2022 
fishing year. NMFS has limited flexibility to otherwise modify the 
quotas in this proposed rule. We note that the impacts of the quotas 
(and any potential modifications based on overharvests or underharvests 
from the previous fishing year) were analyzed in previous regulatory 
flexibility analyses, including the initial regulatory flexibility 
analysis and the final regulatory flexibility analysis that accompanied 
the 2011 Atlantic shark commercial fishing year rule (75 FR 76302; 
December 8, 2010). That final rule established the opening dates and 
quotas for the 2011 fishing season and implemented new adaptive 
management measures, including flexible opening dates and inseason 
adjustments to shark trip limits. Consistent with the adaptive 
management measures implemented in 2011 and based on the most recent 
data, in this action NMFS proposes the opening date and commercial 
retention limits to provide, to the extent practicable, fishing 
opportunities for commercial shark fishermen in all regions and areas.
    This proposed rule's measures could affect fishing opportunities 
for commercial shark fishermen in the

[[Page 55386]]

northwestern Atlantic Ocean, Gulf of Mexico, and Caribbean Sea. Section 
603(b)(3) of the Regulatory Flexibility Act (RFA) requires agencies to 
provide an estimate of the number of small entities to which the rule 
would apply. SBA has established size criteria for all major industry 
sectors in the United States, including fish harvesters. SBA's 
regulations include provisions for an agency to develop its own 
industry-specific size standards after consultation with SBA and to 
provide an opportunity for public comment (see 13 CFR 121.903(c)). 
Under this provision, NMFS may establish size standards that differ 
from those established by the SBA Office of Size Standards, but only 
for use by NMFS and only for the purpose of conducting an analysis of 
economic effects in fulfillment of the agency's obligations under the 
RFA. To utilize this provision, NMFS must publish such size standards 
in the Federal Register, which NMFS did on December 29, 2015 (80 FR 
81194; 50 CFR 200.2). In that final rule, effective on July 1, 2016, 
NMFS established a small business size standard of $11 million in 
annual gross receipts for all businesses in the commercial fishing 
industry (NAICS 11411) for RFA compliance purposes. The 2011 initial 
regulatory flexibility analysis/final regulatory flexibility analysis 
analyzed the overall number of limited access permits, which covers all 
of our active participants today. NMFS still considers all HMS permit 
holders to be small entities because they have average annual receipts 
of less than $11 million for commercial fishing.
    As of June 2022, this proposed rule would apply to the 
approximately 209 directed commercial shark permit holders, 251 
incidental commercial shark permit holders, 198 smoothhound shark 
permit holders, and 70 commercial shark dealers. Not all permit holders 
are active in the fishery in any given year. Active directed commercial 
shark permit holders are defined as those with valid permits that 
landed one shark based on HMS electronic dealer reports. Of the 460 
directed and incidental commercial shark permit holders, to date this 
year, 15 permit holders landed sharks in the Gulf of Mexico region, and 
53 landed sharks in the Atlantic region. Of the 198 smoothhound shark 
permit holders, to date this year, 60 permit holders landed smoothhound 
sharks in the Atlantic region, and only 1 landed smoothhound sharks in 
the Gulf of Mexico region. As described below, NMFS has determined that 
all of these entities are small entities for purposes of the RFA.
    Based on the 2022 ex-vessel prices (Table 3), fully harvesting the 
unadjusted 2023 Atlantic shark commercial base quotas could result in 
estimated total fleet revenues of $9,779,528. For adjusted management 
groups, the following are changes in potential revenues resulting from 
the adjustments proposed in this rule. For the Gulf of Mexico blacktip 
shark management group, NMFS is proposing to adjust the base sub-
regional quotas upward due to underharvests in 2022. The increase for 
the western Gulf of Mexico blacktip shark management group could result 
in a potential $196,451 gain in total revenues for fishermen in that 
sub-region, while the increase for the eastern Gulf of Mexico blacktip 
shark management group could result in a potential $34,094 gain in 
total revenues for fishermen in that sub-region. For the Gulf of Mexico 
and Atlantic smoothhound shark management groups, NMFS is proposing to 
increase the base quotas due to underharvest in 2022. This would cause 
a potential gain in revenue of $463,518 for the fleet in the Gulf of 
Mexico region, and a potential gain in revenue of $1,377,619 for the 
fleet in the Atlantic region. Since a small business is defined as 
having annual receipts not in excess of $11 million, and each 
individual shark fishing vessel would be its own entity, the total 
Atlantic shark fishery is within the small entity definition since the 
total revenue is less than $12 million (i.e., the estimated total fleet 
revenues plus the potential gain in revenues due to underharvest). NMFS 
has also determined that the proposed rule would not likely affect any 
small governmental jurisdictions.

                Table 3--Average Ex-Vessel Prices per lb dw for Each Shark Management Group, 2022
----------------------------------------------------------------------------------------------------------------
                                                                                    Average ex-     Average ex-
                    Region                                   Species                vessel meat     vessel fin
                                                                                       price           price
----------------------------------------------------------------------------------------------------------------
Western Gulf of Mexico........................  Blacktip Shark..................           $0.77  ..............
                                                Aggregated LCS..................            0.70  ..............
                                                Hammerhead Shark................            0.70  ..............
Eastern Gulf of Mexico........................  Blacktip Shark..................            1.23  ..............
                                                Aggregated LCS..................            1.03  ..............
                                                Hammerhead Shark................            0.91  ..............
Gulf of Mexico................................  Non-Blacknose SCS...............            0.69  ..............
                                                Smoothhound Shark...............            1.25  ..............
Atlantic......................................  Aggregated LCS..................            1.21  ..............
                                                Hammerhead Shark................            0.69  ..............
                                                Non-Blacknose SCS...............            1.16  ..............
                                                Blacknose Shark.................            1.47  ..............
                                                Smoothhound Shark...............            1.04  ..............
No Region.....................................  Shark Research Fishery                      0.97  ..............
                                                 (Aggregated LCS).
                                                Shark Research Fishery (Sandbar             1.15  ..............
                                                 only).
                                                Blue shark......................  ..............  ..............
                                                Porbeagle shark.................  ..............  ..............
                                                Other Pelagic sharks............            1.44  ..............
All...........................................  Shark Fins......................  ..............           $6.04
Atlantic......................................  Shark Fins......................  ..............            1.80
GOM...........................................  Shark Fins......................  ..............            8.58
----------------------------------------------------------------------------------------------------------------

    All of these changes in gross revenues are similar to the gross 
revenues analyzed in the 2006 Consolidated HMS FMP and its Amendments 
2, 3, 5a, 6, and 9. The final regulatory flexibility analyses for those 
amendments concluded that the economic impacts on these small entities 
from adjustments such as those contemplated in this

[[Page 55387]]

action are expected to be minimal. In accordance with the 2006 
Consolidated HMS FMP, as amended, NMFS now conducts annual rulemakings 
in which NMFS considers the potential economic impacts of adjusting the 
quotas for underharvests and overharvests. For the adjustments included 
in this proposed rule, NMFS concludes that the effects this proposed 
rule would have on small entities would be minimal.
    In conclusion, although this proposed rule would adjust quotas and 
retention limits and establish the opening date for the 2023 fishing 
year for the Atlantic commercial shark fisheries, this proposed rule 
does not change the regulations and management measures currently in 
place that govern commercial shark fishing in Federal waters of the 
northwestern Atlantic Ocean, Gulf of Mexico, and Caribbean Sea. 
Furthermore, as described above, this action is not expected to affect 
the amount of sharks caught and sold or result in any change in the ex-
vessel revenues those fishermen could expect, because, for the most 
part, the proposed quotas, retention limits (except for shortfin mako 
shark), and opening dates are the same as those for last year. In 
addition, as described above, for the areas in which this action 
proposes adjustments, the increases in revenues for the participating 
small entities are minimal. Therefore, NMFS has determined that this 
proposed rule, if adopted, would not have a significant economic impact 
on a substantial number of small entities. As a result, an initial 
regulatory flexibility analysis is not required and none has been 
prepared. NMFS invites comments from the public on the information in 
this determination that this proposed rule, if adopted, would not have 
a significant economic impact on a substantial number of small 
entities.
    This proposed rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

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

    Dated: September 6, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2022-19473 Filed 9-8-22; 8:45 am]
BILLING CODE 3510-22-P