[Federal Register Volume 88, Number 54 (Tuesday, March 21, 2023)]
[Notices]
[Pages 16944-16945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05692]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC800]


Atlantic Highly Migratory Species; Atlantic Shark Fishery Review

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

ACTION: Notice of availability of the final Atlantic shark fishery 
review (SHARE) document.

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SUMMARY: NMFS announces the availability of the final SHARE document. 
As part of the overall review of the current state of the Atlantic 
shark fishery, NMFS examined various aspects of commercial and 
recreational shark fisheries conservation and management, shark 
depredation, and additional factors affecting the shark fishery. As a 
comprehensive review of the shark fishery, the SHARE document 
identifies areas of success and concerns in the fishery and identifies 
potential future revisions to regulations and management measures. NMFS 
anticipates that any such revisions to the regulations and/or 
management measures would occur via future rulemaking, as applicable, 
and would include appropriate opportunity for public comment.

DATES: The SHARE document was finalized on March 14, 2023.

ADDRESSES: Electronic copies of this document may be obtained on the 
internet at: https://www.fisheries.noaa.gov/action/atlantic-shark-fishery-review-share.

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

SUPPLEMENTARY INFORMATION: Atlantic Highly Migratory Species (HMS) 
fisheries (tunas, billfish, swordfish, and sharks) are managed 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.
    Under the Magnuson-Stevens Act, NMFS is responsible for the 
sustainable management of Atlantic HMS (16 U.S.C. 1852(a)(3)). NMFS 
must comply with all applicable provisions of the Magnuson-Stevens Act 
when implementing conservation and management measures for shark stocks 
and fisheries. Under the Magnuson-Stevens Act, conservation and 
management measures must prevent overfishing while achieving, on a 
continuing basis, the optimum yield from each fishery (16 U.S.C. 
1851(a)(1)). Where a fishery is determined to be in or approaching an 
overfished condition, NMFS must adopt conservation and management 
measures to prevent or end overfishing and rebuild the fishery (16 
U.S.C. 1853(a)(10); 1854(e)). In addition, NMFS must, among other 
things, comply with the Magnuson-Stevens Act's 10 National Standards, 
including a requirement to use the best scientific information 
available as well as to consider potential impacts on residents of 
different States, efficiency, costs, fishing communities, bycatch, and 
safety at sea (16 U.S.C. 1851 (a)(1-10)). Additionally, under the 
Atlantic Tunas Convention Act, NMFS must implement binding domestic 
regulations and other measures necessary and appropriate to carry out 
applicable recommendations of the International Commission for the 
Conservation of Atlantic Tunas (ICCAT), which has issued 
recommendations for the conservation and management of shark species 
caught in association with ICCAT fisheries. NMFS also must implement 
domestic measures to carry out proposals adopted under the Convention 
on International Trade in Endangered Species of Wild Fauna and Flora 
(CITES), which has included measures that place requirements or 
restrictions on the trade of some shark species and shark fins. The 
purpose of the SHARE document is to analyze trends within the 
commercial and

[[Page 16945]]

recreational shark fisheries to identify main areas of success and 
concerns with conservation and management measures and find potential 
ways to improve management of the shark fishery.
    Atlantic shark fisheries have been federally managed since 1993. 
Unlike stock assessments, which focus on abundance of stocks and their 
status, SHARE focuses on the overall state of these fisheries to assist 
in determining potential next steps for management. In the document, 
NMFS refers to ``the Atlantic shark fishery'' to collectively encompass 
all of the commercial and recreational fisheries and gear types managed 
by NMFS HMS Management Division. NMFS began this review after noticing 
concerning trends in the fishery. In the commercial fishery, trends 
include reduced landings, a decrease in active vessels, and an increase 
in shark discards. In the recreational fishery, trends include an 
increase in catch and release rates, an increase in effort by state-
water or shore-based fishermen, increased numbers of shark depredation 
events, and a decrease in targeted pelagic shark trips. Through the 
SHARE process, NMFS explored various aspects of the Atlantic shark 
fisheries to improve stability and resiliency within the fisheries and 
address the following objectives:
     Review the current state of the Atlantic shark fishery;
     Identify areas of success in the fishery;
     Identify areas of concern in the fishery; and
     Identify potential ways to improve the fishery and 
potential future shark management actions or measures.
    NMFS published a Notice of Availability of the draft SHARE document 
on October 25, 2021 (86 FR 58891). A public webinar was conducted on 
December 8, 2021, and the public comment period closed on January 3, 
2022. NMFS received 47 written comments and a variety of verbal 
comments regarding the draft SHARE document. A summary of public 
comments received is included in the Appendix of the final SHARE 
document which may be accessed at https://www.fisheries.noaa.gov/action/atlantic-shark-fishery-review-share.
    After consideration of public comments, NMFS has finalized the 
SHARE document. Based on findings outlined in the document, NMFS 
believes changes to shark fishery management are warranted to improve 
its overall performance and the health of shark stocks.
    As part of SHARE, NMFS reviewed information regarding commercial 
shark fishery vessel permits, trips targeting or retaining sharks, 
shark landings, dealer permits, and markets. These data indicate that 
catch of available quota and participation in the commercial shark 
fishery have dramatically declined from historical levels. In addition, 
NMFS anticipates further declines in the future, due to the adoption, 
in November 2022, of a proposal under CITES to list many shark species 
in CITES Appendix II. In the recreational shark fishery, NOAA Fisheries 
reviewed the number of recent permits with shark endorsements, fishing 
effort, survey data, and tournament landings. These data indicate 
increased shark fishing effort by state-water and shore-based 
fishermen, along with increased numbers of sharks being caught and 
released. Directed trips targeting pelagic sharks and tournament 
landings have declined since shortfin mako shark size limits were 
implemented, and are likely to decline further due to the current zero 
retention limit for shortfin mako sharks. Additionally, shark 
depredation, which occurs when a shark eats or preys upon fish that are 
caught on fishing gear, has been a growing concern in a wide variety of 
commercial and recreational fisheries. While the number of reports of 
depredation have increased, the underlying cause of the increase is 
uncertain--it could be due to an increase in the number of sharks as 
stocks rebuild; a learned behavior by sharks as they recognize motors, 
fishing techniques, or shark feeding locations as a source of food; an 
increase in the number of people using social media to report the 
depredation; or any combination of the above. Lastly, in the SHARE 
document, NMFS analyzed factors beyond the Federal shark fishery, 
including other fisheries, Federal and state shark fin sale 
prohibitions, and binding international recommendations.
    Overall, this review has found that NMFS is sustainably managing 
shark stocks; however, catch and participation in the commercial shark 
fishery is in decline in terms of the extent of available quota use and 
the number of participants. This decline is happening despite fishermen 
having available quotas for many species, and, in most regions, an open 
season year-round. The review has also identified a need in the 
recreational fishery to improve species identification, which could 
improve shark fishery data, thus improving management overall. 
Additionally, it is likely that other fisheries, state shark fin sale 
prohibitions, and binding international recommendations directly and 
indirectly affected fishing effort and landings from 2014 through 2019. 
Recently enacted Federal shark fin sale prohibitions also are likely to 
have further impacts on the shark fishery, though the impacts of those 
prohibitions are unknown at this time. Possible changes that could 
increase the productivity of the commercial shark fishery while 
remaining consistent with the Magnuson-Stevens Act and the 2006 
Consolidated HMS FMP and its amendments could include modifications to:
     Vessel permit structure, including shifting incidental 
permits to open-access permits;
     Commercial vessel retention limits for large coastal 
sharks, blacknose, and other shark management groups;
     Authorized gear types, by including additional gear types 
to retain sharks in the commercial fishery;
     Regional and sub-regional quotas, to better match regional 
expectations and opportunities;
     Recreational size and bag limits; and,
     Reporting mechanisms, to improve data collection of 
recreational shark species and shark depredation events.
    NMFS anticipates that management revisions such as those above 
would occur via future rulemaking to modify HMS regulations, as 
applicable, with appropriate opportunity for public comment. Making any 
such changes would take time, but regardless of timing, NMFS believes 
changes to the shark fishery are warranted to improve the overall 
health of the fishery and shark stocks.
    Authority: 16 U.S.C. 1801 et seq.

    Dated: March 15, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-05692 Filed 3-20-23; 8:45 am]
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