[Federal Register Volume 87, Number 218 (Monday, November 14, 2022)]
[Rules and Regulations]
[Pages 68104-68108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24643]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 221107-0236; 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: Final rule.

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SUMMARY: This final rule adjusts the quotas and retention limits and 
establishes the opening date for the 2023 fishing year for the Atlantic 
commercial shark fisheries. Quotas are adjusted as required or 
allowable based on underharvests from the 2022 fishing year. NMFS 
establishes 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 final measures 
could affect fishing opportunities for commercial shark fishermen in 
the northwestern Atlantic Ocean, Gulf of Mexico, and Caribbean Sea.

DATES: This final rule is effective on January 1, 2023. The 2023 
Atlantic shark commercial fishing year opens on January 1, 2023 for all 
species and regions.

ADDRESSES: Electronic copies of this final rule and supporting 
documents (including the annual Atlantic Highly Migratory Species (HMS) 
Stock Assessment and Fishery Evaluation Report and the Atlantic HMS 
Best Scientific Information Available Regional Framework (BSIA Regional 
Framework)) are available from the Atlantic HMS Management Division 
website at https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species or by contacting Ann Williamson at 
[email protected] or 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, 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.
    Background information about the need to adjust the quotas and 
retention limits and establish the opening date for the 2023 fishing 
year for the Atlantic commercial shark fisheries was provided in the 
proposed rule (87 FR 55379, September 9, 2022) and is not repeated 
here. The comment period for the proposed rule closed on October 11, 
2022. NMFS received 99 written comments, the majority of which were 
form letter submissions. Summaries of the comments received, and our 
responses to those comments, are in the Response to Comments section. 
Similar comments are combined, where appropriate. After reviewing and 
considering all the public comments received on the proposed rule, NMFS 
is finalizing the rule as proposed.

2023 Commercial Shark Quotas

    In this final rule, NMFS adjusts 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). 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 that were reported by September 30, 2022, 
and after considering catch rates and landings from previous years, 
with this final rule, NMFS adjusts the 2023 quotas for certain 
management groups as shown in Table 1. 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. A description of the calculations for each 
stock and management group is provided in the proposed rule and is not 
repeated here.

                                     Table 1--2023 Quotas and Opening Dates for the Atlantic Shark Management Groups
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          Preliminary
      Region or sub-region          Management group     2022 Annual     2022 landings    Adjustments     2023 Base     2023 Final      Season opening
                                                            quota            \1\              \2\       annual quota   annual quota          date
                                                       (A)              (B)             (C)             (D)           (D + C)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Western Gulf of Mexico..........  Blacktip Sharks....  347.2 mt         220.1 mt        115.7 mt        231.5 mt      347.2 mt        January 1, 2023.
                                                        (765,392 lb)     (485,297 lb)    (255,131 lb)    (510,261      (765,392 lb).
                                                                                                         lb)
                                  Aggregate Large      72.0 mt          68.0 mt         ..............  72.0 mt       72.0 mt
                                   Coastal Sharks \3\.  (158,724 lb)     (149,951 lb)                    (158,724      (158,724 lb).
                                                                                                         lb)

[[Page 68105]]

 
                                  Hammerhead Sharks    11.9 mt (26,301  <2.0 mt         ..............  11.9 mt       11.9 mt
                                   \4\.                 lb)              (<4,409 lb)                     (26,301 lb)   (26,301 lb).
Eastern Gulf of Mexico..........  Blacktip Sharks....  37.7 mt (83,158  5.2 mt (11,548  12.6 mt         25.1 mt       37.7 mt
                                                        lb)              lb)             (27,719 lb)     (55,439 lb)   (83,158 lb).
                                  Aggregate Large      85.5 mt          25.5 mt         ..............  85.5 mt       85.5 mt
                                   Coastal Sharks \3\.  (188,593 lb)     (56,230 lb)                     (188,593      (188,593 lb).
                                                                                                         lb)
                                  Hammerhead Sharks    13.4 mt (29,421  3.6 mt (7,899   ..............  13.4 mt       13.4 mt
                                   \4\.                 lb)              lb)                             (29,421 lb)   (29,421 lb).
Gulf of Mexico..................  Non-Blacknose Small  112.6 mt         27.3 mt         ..............  112.6 mt      112.6 mt
                                   Coastal Sharks.      (428,215 lb)     (60,289 lb)                     (428,215      (428,215 lb).
                                                                                                         lb)
                                  Smoothhound Sharks.  504.6 mt         <1.0 mt         168.2 mt        336.4 mt      504.6 mt
                                                        (1,112,441 lb)   (<2,205 lb)     (370,814 lb)    (741,627      (1,112,441
                                                                                                         lb)           lb).
Atlantic........................  Aggregate Large      168.9 mt         61.4 mt         ..............  168.9 mt      168.9 mt        January 1, 2023.
                                   Coastal Sharks.      (372,552 lb)     (135,422 lb)                    (372,552      (372,552 lb).
                                                                                                         lb)
                                  Hammerhead Sharks    27.1 mt (59,736  23.4 mt         ..............  27.1 mt       27.1 mt
                                   \4\.                 lb)              (51,510 lb)                     (59,736 lb)   (59,736 lb).
                                  Non-Blacknose Small  264.1 mt         47.5 mt         ..............  264.1 mt      264.1 mt
                                   Coastal Sharks.      (582,333 lb)     (104,635 lb)                    (582,333      (582,333 lb).
                                                                                                         lb)
                                  Blacknose Sharks     17.2 mt          3.5 mt (7,673   ..............  17.2 mt       17.2 mt
                                   (South of 34[deg]    (3,973,902 lb)   lb)                             (3,973,902    (3,973,902
                                   N. lat. Only).                                                        lb)           lb).
                                  Smoothhound Sharks.  1,802.6 mt       267.7 mt        600.9 mt        1,201.7 mt    1,802.6 mt
                                                        (3,973,902 lb)   (590,205 lb)    (1,324,634      (2,649,268    (3,973,902
                                                                                         lb)             lb)           lb).
No Regional Quotas..............  Non-Sandbar Large    50.0 mt          2.3 mt (4,983   ..............  50.0 mt       50.0 mt         January 1, 2023.
                                   Coastal Shark        (110,230 lb)     lb)                             (110,230      (110,230 lb).
                                   Research.                                                             lb)
                                  Sandbar Shark        90.7 mt          39.4 mt         ..............  90.7 mt       90.7 mt
                                   Research.            (199,943 lb)     (86,809 lb)                     (199,943      (199,943 lb).
                                                                                                         lb)
                                  Blue Sharks........  273.0 mt         <1.0 mt         ..............  273.0 mt      273.0 mt
                                                        (601,856 lb)     (<2,205 lb)                     (601,856      (601,856 lb).
                                                                                                         lb)
                                  Porbeagle Sharks...  1.7 mt (3,748    0.0 mt (0 lb)   ..............  1.7 mt        1.7 mt (3,748
                                                        lb)                                              (3,748 lb)    lb).
                                  Pelagic Sharks       488.0 mt         22.5 mt         ..............  488.0 mt      488.0 mt
                                   Other Than           (1,075,856 lb)   (49,622 lb)                     (1,075,856    (1,075,856
                                   Porbeagle or Blue.                                                    lb)           lb).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: All quotas and landings are dressed weight (dw).
\1\ Landings are from January 1-September 30, 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 Large Coastal Shark 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).

Opening Dates and Retention Limits

    After considering the ``Opening Commercial Fishing Season 
Criteria'' listed at Sec.  635.27(b)(3), and ``Inseason Trip Limit 
Adjustment Criteria'' listed at Sec.  635.24(a)(8), NMFS is opening the 
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 (Table 2). NMFS is also starting 
the 2023 commercial shark fishing season with the commercial retention 
limit of 55 large coastal sharks (LCS) other than sandbar sharks per 
vessel per trip in both the eastern and western Gulf of Mexico sub-
regions as well as in the Atlantic region (Table 2). 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)).
    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. For the regional or sub-regional Gulf of 
Mexico blacktip shark management group(s), regulations at Sec.  
635.28(b)(5)(i) through (v) authorize NMFS to close the management 
group(s) before landings have reached, or are projected to reach, 80 
percent of the quota after considering the criteria and other relevant 
factors. NMFS manages each Atlantic shark management group by using a 
specific commercial annual catch limit, with some linkages among shark 
management groups whose species are often caught together. The linked 
and non-linked quotas are shown in Table 2.
    If NMFS determines that a shark species or management group fishery 
must be closed, then 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. 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.

 Table 2--Quota Linkages, Season Opening Dates, and Commercial Retention Limit by Regional or Sub-Regional Shark
                                                Management Group
----------------------------------------------------------------------------------------------------------------
                                                                                                  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
                                  Aggregate Large     Linked............                       sandbar sharks
                                   Coastal Sharks.                                             per vessel per
                                                                                               trip.

[[Page 68106]]

 
                                  Hammerhead Sharks.
Eastern Gulf of Mexico..........  Blacktip Sharks...  Not Linked........  January 1, 2023...  55 LCS other than
                                  Aggregate Large     Linked............                       sandbar sharks
                                   Coastal Sharks.                                             per vessel per
                                                                                               trip.
                                  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.
Atlantic........................  Aggregate Large     Linked............  January 1, 2023...  55 LCS other than
                                   Coastal Sharks.                                             sandbar sharks
                                  Hammerhead Sharks.                                           per vessel per
                                                                                               trip.
                                  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                                                per vessel per
                                   [deg] N lat.                                                trip.\3\
                                   Only).
                                  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.

Response to Comments

    Written comments can be found at https://www.regulations.gov/ by 
searching ``NOAA-NMFS-2022-0064.'' Below, NMFS summarizes and responds 
to the 99 written comments received on the proposed rule during the 
comment period. The majority of written comments were form letter 
submissions and are covered by Comment 1. Similar comments are 
combined, where appropriate.
    Comment 1: NMFS received numerous comments regarding the proposed 
quotas and retention limits. Several commenters opposed the carry-over 
of quota underharvests to the next fishing year because they believed 
that shark species must recover from a global increase in fishing 
pressure and that the carry-over would lead to population decline. 
Other commenters recommended that the base quotas and retention limits 
be reduced. Many of these commenters stated that quotas are not fully 
harvested because there are not enough sharks. Some commenters 
requested a prohibition on all shark fishing.
    Response: The purpose of this action is to adjust the quotas and 
retention limits and establish the opening date for the 2023 fishing 
year for Atlantic shark commercial fisheries. This action 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.
    Consistent with existing regulations at Sec.  635.27(b), 
unharvested quota may be added to the quota for the next fishing year 
for shark management groups that have shark stocks that are declared 
not overfished and not experiencing overfishing. 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 previously determined that the carry-over of quota underharvests 
(up to 50 percent of the base annual quota) for stocks that are not 
overfished with no overfishing occurring would not impact the health of 
the stock (see Amendment 6 and Amendment 9 to the 2006 Consolidated HMS 
FMP (80 FR 50073, August 18, 2015; 80 FR 73128, November 24, 2015)). 
NMFS is not carrying forward quota underharvests for any other shark 
species or management group. Additionally, NMFS is not changing the 
base quotas or retention limits in this rule.
    Furthermore, NMFS is required, under the Magnuson-Stevens Act, to 
foster the long-term biological and economic sustainability of shark 
fisheries. The majority of sharks harvested in the United States are 
species with above-target population levels, and rebuilding plans are 
in place for all overfished species. While there are several shark 
species that cannot be retained, the primary objective of this final 
rule is to adjust the base quotas and retention limits as necessary and 
consistent with existing regulations at Sec. Sec.  635.24(a) and 
635.27(b). Prohibiting all shark fishing is contrary to that objective 
and to the requirements of the Magnuson-Stevens Act.
    Comment 2: NMFS received a few comments regarding the data used to 
adjust the quotas and set the retention limits for the 2023 Atlantic 
shark commercial fishing year. One commenter generically challenged the 
accuracy of the data. Another commenter urged NMFS to continue research 
on shark stocks for improved data and informed management measures.
    Response: NMFS uses the best scientific information available 
(BSIA) to effectively manage the Atlantic shark stocks (Sec.  600.315). 
In May 2022, NMFS announced the availability of the BSIA Regional 
Framework (see ADDRESSES). As described in the BSIA Regional Framework, 
NMFS may consider as BSIA the stock assessments resulting from the 
processes undertaken by the International Commission for the 
Conservation of Atlantic Tunas and the SouthEast Data Assessment and 
Review, as well as third-party external stock assessments that are 
approved for use in management by NMFS. The BSIA Regional Framework 
also clarifies roles

[[Page 68107]]

and responsibilities of NMFS and collaborative bodies, and increases 
transparency in how BSIA determinations are made as part of the 
management process. All the data and stock assessments referenced in 
establishing the base quotas and retention limits for this rule are 
consistent with the BSIA Regional Framework and the Magnuson-Stevens 
Act.
    Furthermore, commercial fishermen with a shark permit must report 
fishing activities in an approved logbook (Sec.  635.5(a)(1)). Logbook 
entries must be species-specific and include weighout slips, among 
other requirements. Through improved commercial quota monitoring 
technology and the requirement that Atlantic HMS dealers submit weekly 
electronic reports on commercial-harvested Atlantic sharks, NMFS 
actively monitors commercial landings of all shark species and ensures 
that any necessary inseason management measures, such as fishery 
closures, occur in an efficient and timely manner. Fishermen or dealers 
who do not follow the regulations regarding reporting are subject to 
enforcement action.
    Regarding research on shark stocks, NMFS uses recent research in 
all shark stock assessments. Additionally, NMFS works in conjunction 
with partners to collect scientific and biological data regarding 
sharks from a variety of sources, including fishery observers, fishery 
surveys, and the shark research fishery (Sec.  635.32(f)). More 
information on the research and data that are collected every year can 
be found in the annual Atlantic HMS Stock Assessment and Fishery 
Evaluation Report (see ADDRESSES).
    Comment 3: Several commenters stated that this rulemaking is 
equivalent to a shark cull.
    Response: The term ``shark cull'' refers to efforts that are made 
to deliberately decimate shark populations. Such efforts are contrary 
to NMFS' mission and the objectives of this rulemaking. NMFS is 
responsible for managing sustainable commercial and recreational 
Atlantic shark fisheries consistent with the Magnuson-Stevens Act and 
other applicable laws. To that end, NMFS established baseline quotas 
for various Atlantic shark management groups in the 2006 Consolidated 
HMS FMP and its amendments. These baseline quotas were established to 
achieve optimum yield and also to prevent overfishing and ensure 
rebuilding of overfished stocks (Sec.  600.310). NMFS adjusts these 
baseline quotas, as needed and as consistent with the regulations, on 
an annual basis as a result of overharvest or underharvests in previous 
years. Because these quotas are based on BSIA, NMFS is confident that 
allowing commercial and recreational shark fishing in 2023 will not 
cause shark populations to be decimated.
    Comment 4: One commenter stated that the quotas do not account for 
illegal shark harvest.
    Response: As described in the BSIA Regional Framework, NMFS 
continues to use the best scientific information available to manage 
the shark stocks. This includes the stock assessment review process, 
which ensures that analyses and data used in the assessments are based 
on BSIA, scientifically valid and reflective of the current state of 
each stock or stock complex, and appropriately take into account the 
HMS risk policy to ensure a 70-percent likelihood of success in ending 
and preventing overfishing, rebuilding overfished stocks, and 
maintaining healthy stocks. The likelihood of success within the 
existing HMS risk policy considers the shark stock and relevant 
circumstances (e.g., data, unreported landings, fishery changes, and 
extenuating circumstances). Overall, the HMS risk policy is intended to 
ensure that the overfishing limit, allowable biological catch, and 
annual catch limit have buffers and are not exceeded.
    NOAA's Office of Law Enforcement is responsible for investigating 
violations of Federal fishing regulations. Any fisherman or dealer who 
does not abide by the regulations is subject to potential enforcement 
action. As noted above, all Federal commercial shark fishermen and 
shark dealers are required to have permits (Sec.  635.4(e)), report 
landings (Sec.  635.5), and follow other requirements related to shark 
fishing, as specified in 50 CFR part 635. NMFS closely monitors landing 
reports on a weekly basis, and communicates frequently with the Office 
of Law Enforcement to share information about illegal shark fishing. In 
some instances, NMFS seizes illegally harvested shark product, pursuant 
to NMFS' authority under the Magnuson-Stevens Act. In those cases, the 
shark product is reported and counted toward the shark landings for 
quota monitoring purposes.
    Comment 5: NMFS received numerous comments regarding concern for 
sharks in general. Some commenters expressed concern for what they 
believe are endangered and threatened shark species or incorrectly 
stated that endangered species in general were not considered when 
establishing the quotas. Other commenters noted the negative impacts of 
shark finning on global shark populations. Some commenters highlighted 
the importance of sharks to eco-tourism, particularly for snorkeling 
and diving, and one commenter specifically requested stricter 
management measures in foreign countries to better support eco-tourism 
efforts. One commenter stressed the need for marine protected areas 
while other commenters were concerned about climate change impacts on 
sharks. A few commenters advocated for improved educational outreach 
regarding shark species and fisheries, and one commenter requested 
better fishing regulations. One commenter was concerned about the 
health risks of consuming shark meat. One commenter incorrectly stated 
that NMFS supports shark culls through fishing tournaments.
    Response: All of these comments are beyond the scope of this 
rulemaking. The purpose of this action is to adjust the quotas and 
retention limits and establish the opening date for the 2023 fishing 
year for Atlantic shark commercial fisheries. This action does not 
change the base quotas or retention limits, which were established 
while considering the status of shark stocks and the requirements of 
the Magnuson-Stevens Act, as described in the proposed rule for this 
action (87 FR 55379, September 9, 2022). Information about the issues 
raised in these public comments can be found in the 2006 Consolidated 
HMS FMP and its amendments, and the annual Stock Assessment and Fishery 
Evaluation Report (see ADDRESSESS).

Classification

    NMFS is issuing this rule pursuant to 305(d) of the Magnuson-
Stevens Act. Pursuant to Magnuson-Stevens Act section 305(d), this 
action is necessary to carry out the 2006 Consolidated HMS FMP and its 
amendments in order to achieve domestic management objectives under the 
Magnuson-Stevens Act. The NMFS Assistant Administrator has determined 
that this final rule is consistent with the 2006 Consolidated HMS FMP 
and its amendments and other applicable law.
    This action is exempt from review under Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified for 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,

[[Page 68108]]

a final regulatory flexibility analysis was not required and none was 
prepared.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

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

    Dated: November 7, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2022-24643 Filed 11-10-22; 8:45 am]
BILLING CODE 3510-22-P