[Federal Register Volume 88, Number 57 (Friday, March 24, 2023)]
[Rules and Regulations]
[Pages 17742-17744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06137]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 221107-0236; RTID 0648-XC864]


Atlantic Highly Migratory Species; Commercial Shark Quota 
Transfer

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

ACTION: Temporary rule; inseason quota transfer.

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SUMMARY: NMFS is transferring 40 metric tons (mt) dressed weight (dw) 
(88,184 pounds (lb) dw) of aggregated large coastal shark (LCS) quota 
from the eastern Gulf of Mexico sub-region to the western Gulf of 
Mexico sub-region for the remainder of the 2023 fishing year. This 
action is based on consideration of the regulatory determination 
criteria regarding inseason quota transfers and affects commercial 
Atlantic shark permitted vessels and dealers.

DATES: Effective March 21, 2023, through December 31, 2023.

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

SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed 
under the 2006 Consolidated Atlantic Highly Migratory Species (HMS) 
Fishery Management Plan (FMP), its amendments, and implementing 
regulations (50 CFR part 635) issued under authority of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.). Section 635.27(b) describes the baseline quotas for different 
shark management groups and regions, describes the process for annual 
adjustments to those baseline quotas, and includes the criteria to 
consider for inseason quota transfers between regions and sub-regions. 
Section 635.28(b) describes quotas that are linked for management 
purposes.
    On November 14, 2022 (87 FR 68104), NMFS announced the 2023 
commercial western Gulf of Mexico aggregated LCS (72.0 mt dw; 158,724 
lb dw) and eastern Gulf of Mexico aggregated LCS (85.5 mt dw; 188,593 
lb dw) sub-regional quotas. Based on dealer reports received as of 
March 16, 2023, NMFS estimates that in the western Gulf of Mexico sub-
region, approximately 72.0 mt dw

[[Page 17743]]

(approximately 158,700 lb dw) or approximately 100 percent of the 
aggregated LCS sub-regional quota has been landed. In the eastern Gulf 
of Mexico sub-region, there has been no reported landings of aggregated 
LCS.
    Regulations provide that quotas for certain shark species and/or 
management groups are linked, including western Gulf of Mexico 
hammerhead sharks and western Gulf of Mexico aggregated LCS (see Sec.  
635.28(b)(4)). Regulations further provide that for each pair of linked 
species and/or management groups, if landings reach, or are projected 
to reach, a threshold of 80 percent of the available quota and are also 
projected to reach 100 percent of the available quota before the end of 
the 2023 fishing year, NMFS will close the relevant shark management 
groups (see Sec.  635.28(b)(3)). At this time, without further action, 
NMFS projects that the western Gulf of Mexico aggregated LCS management 
group quota has already been exceeded. Without a quota transfer, NMFS 
would need to close the western Gulf of Mexico aggregated LCS group and 
the linked western Gulf of Mexico hammerhead group.
    Under Sec.  635.27(b)(2), NMFS may transfer quota inseason between 
regions or sub-regions. Such transfers may occur for species or 
management groups that are the same in both regions or sub-regions and 
the quota is split for management purposes and not as a result of a 
stock assessment. As described at Sec.  635.27(b)(1)(ii), the sub-
regional splits for the quotas in the Gulf of Mexico region were done 
for management purposes. Therefore, NMFS may transfer aggregated LCS 
quota between Gulf of Mexico sub-regions. Before making any such 
transfer, NMFS must consider the following determination criteria in 
Sec.  635.27(b)(2)(iii), and other relevant factors: (1) The usefulness 
of information obtained from catches in the particular management group 
for biological sampling and monitoring of the status of the respective 
shark species and/or management group; (2) the catches of the 
particular species and/or management group quota to date and the 
likelihood of closure of that segment of the fishery if no adjustment 
is made; (3) the projected ability of the vessels fishing under the 
particular species and/or management group quota to harvest the 
additional amount of corresponding quota before the end of the fishing 
year; (4) effects of the adjustment on the status of all shark species; 
(5) effects of the adjustment on accomplishing the objectives of the 
fishery management plan; (6) variations in seasonal distribution, 
abundance, or migration patterns of the appropriate shark species and/
or management group; (7) effects of catch rates in one area precluding 
vessels in another area from having a reasonable opportunity to harvest 
a portion of the quota; and/or (8) review of dealer reports, daily 
landing trends, and the availability of the respective shark species 
and/or management group on the fishing grounds.
    NMFS has determined that, for the Gulf of Mexico aggregated LCS 
sub-regional landings, the eastern Gulf of Mexico aggregated LCS sub-
regional landings are not projected to reach their quota by the end of 
the year and that the western Gulf of Mexico aggregated LCS sub-
regional quota has exceeded 80 percent (approximately 100 percent) of 
their quota and may have already exceeded the quota. Therefore, NMFS 
has considered the inseason quota transfer criteria, documented in the 
Quota Transfer section below, and determined that a transfer from the 
sub-regional eastern Gulf of Mexico aggregated LCS quota to the western 
Gulf of Mexico aggregated LCS quota is warranted to avoid potential 
closure of the western Gulf of Mexico aggregated LCS quota and the 
western Gulf of Mexico hammerhead shark quota, which are linked under 
Sec.  635.28(b)(4)(iii), while fishing opportunities still exist.

Quota Transfer

    After fully considering all the criteria listed above, NMFS is 
taking action to transfer aggregated LCS quota from the eastern Gulf of 
Mexico sub-regional quota to the western Gulf of Mexico sub-regional 
quota. NMFS' consideration of the relevant criteria found at Sec.  
635.27(b)(2)(iii) includes, but is not limited to, the following:
    Regarding the usefulness of information obtained from catches in 
the particular category for biological sampling and monitoring of the 
status of the stock (Sec.  635.27(b)(2)(iii)(A)), biological samples 
collected by NMFS scientific observers on commercial vessels targeting 
aggregated LCS and hammerhead sharks continue to provide NMFS with 
valuable data for ongoing scientific studies of shark age and growth, 
migration, and reproductive status. This is especially important for 
the upcoming bull, spinner, and tiger shark assessments that are 
expected to begin in 2024.
    Regarding the catches of the quotas to date and the likelihood of a 
fishery closure if no adjustment is made, commercial shark dealer data 
show that landings of the western Gulf of Mexico aggregated LCS have 
exceeded 80 percent of the quota (approximately 100 percent). Once the 
landings exceed the threshold of 80 percent of the quotas and are also 
projected to reach 100 percent before the end of the 2023 fishing year, 
the western Gulf of Mexico aggregated LCS and hammerhead shark 
management groups would need to close absent a transfer of additional 
quota.
    NMFS also analyzed landings data, catch trends, and potential 
migration of the species involved (Sec.  635.27(b)(2)(iii)(C)-(D) and 
(F)-(H)) and determined that under current fishing rates, 40 mt dw 
(88,184 lb dw) of eastern Gulf of Mexico sub-regional aggregated LCS is 
a reasonable amount of quota to transfer, allowing fishermen the 
opportunity to fully utilize the available shark quotas while avoiding 
negative economic impacts that would occur by closing the shark 
management groups. This action will not have impacts beyond those 
already analyzed in the 2006 Consolidated HMS FMP and its amendments 
and thus is not expected to negatively impact the stock.
    Regarding the effects of the adjustment on accomplishing the 
objectives of the 2006 Consolidated HMS FMP (Sec.  
635.27(b)(2)(iii)(E)), this action is consistent with the quotas 
previously implemented and analyzed in the 2023 shark quota final rule 
(87 FR 68104, November 14, 2022) and in Amendment 5a (78 FR 40317, July 
3, 2013) and Amendment 6 to the 2006 Consolidated HMS FMP (80 FR 50073, 
August 18, 2015). Specifically, this action is consistent with the 
objective of providing opportunities to fully harvest shark quotas 
without exceeding them.
    Based on the considerations above, NMFS is transferring 40 mt dw 
(88,184 lb dw) of eastern Gulf of Mexico aggregated LCS sub-regional 
quota to the western Gulf of Mexico aggregated LCS sub-regional quota 
as of March 21, 2023. This quota transfer results in adjusted quotas of 
45.5 mt dw (100,409 lb dw) for aggregated LCS in the eastern Gulf of 
Mexico sub-region and 112 mt dw (246,908 lb dw) for aggregated LCS 
management group in the western Gulf of Mexico sub-region. If landings 
and fishing rates do not increase substantially, transferring Gulf of 
Mexico aggregated LCS sub-regional quotas could allow the fisheries in 
each sub-region and region to remain open through the end of the 2023 
fishing year.
    Therefore, NMFS adjusts the eastern and western Gulf of Mexico 
aggregated LCS management group sub-regional quotas for the remainder 
of the 2023 shark fishing year, unless NMFS announces another quota 
transfer in the Federal Register or closes the fishery.

[[Page 17744]]

NMFS may also announce future retention limit adjustments as needed 
throughout the remainder of the 2023 shark fishing year.
    The boundary between the Gulf of Mexico region and the Atlantic 
region is defined at Sec.  635.27(b)(1) as a line beginning on the East 
Coast of Florida at the mainland at 25[deg]20.4' N lat., proceeding due 
east. Any water and land to the south and west of that boundary is 
considered, for the purposes of monitoring and setting quotas, to be 
within the Gulf of Mexico region. The boundary between the western and 
eastern Gulf of Mexico sub-regions is drawn along 88[deg]00' W long. 
(Sec.  635.27(b)(1)(ii)).

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act and regulations at 50 CFR part 635 and is exempt from 
review under Executive Order 12866.
    The Assistant Administrator for NMFS (AA) finds that pursuant to 5 
U.S.C. 553(b)(B), it is impracticable and contrary to the public 
interest to provide prior notice of, and an opportunity for public 
comment on, this action for the following reasons. Specifically, the 
regulations implementing the 2006 Consolidated HMS FMP and amendments 
provide for inseason adjustments to respond to the unpredictable nature 
of shark species availability on the fishing grounds, the migratory 
nature of these species, and the regional variations in the shark 
fisheries. Providing prior notice and an opportunity for public comment 
on this quota transfer is impracticable. NMFS could not have proposed 
this action earlier, as it needed to consider and respond to updated 
landings data, including the recently available March 2023 data, in 
deciding whether to transfer a portion of the eastern Gulf of Mexico 
sub-regional aggregated LCS quota to the western Gulf of Mexico sub-
regional aggregated LCS quota. Delaying this action is contrary to the 
public interest, not only because it would likely result in a western 
Gulf of Mexico sub-regional aggregated LCS closure and associates costs 
to the fishery, but also administrative costs due to further agency 
action needed to re-open the fishery after quota is transferred. The 
delay would preclude the fishery from harvesting LCS in the western 
Gulf of Mexico sub-region that are available on the fishing grounds 
that might otherwise become unavailable during a delay. This action 
does not raise conservation or management concerns. Transferring quota 
from the eastern Gulf of Mexico sub-region to the western Gulf of 
Mexico sub-region would have a minimal risk of exceeding the aggregated 
LCS quotas in the Gulf of Mexico region. NMFS notes that the public had 
an opportunity to comment on the underlying rulemakings that 
established the commercial shark quotas and the inseason adjustment 
criteria.
    For all of the above reasons, the AA finds that pursuant to 5 
U.S.C. 553(d), there is also good cause to waive the 30-day delay in 
effective date.

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

    Dated: March 21, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-06137 Filed 3-21-23; 4:15 pm]
BILLING CODE 3510-22-P