[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Proposed Rules]
[Pages 50822-50829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15967]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 230724-0173]
RIN 0648-BM33


Atlantic Highly Migratory Species; 2024 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 2024 fishing year for the 
Atlantic shark commercial fisheries. Within this proposed rule, NMFS 
also considers options for the 2024 and future fishing years to 
automatically open the commercial fishing year on January 1 of each 
year under the base quotas and default retention limits, and to 
increase the default commercial retention limit for the large coastal 
shark (LCS) fisheries. Quotas would be adjusted as required or 
allowable based on any underharvests from the previous fishing years. 
The proposed measures could affect fishing opportunities for commercial 
shark fishermen in the northwestern Atlantic Ocean, Gulf of Mexico, and 
Caribbean Sea.

DATES: Written comments must be received by September 1, 2023.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2023-0081, by electronic submission. Submit all electronic 
public comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2023-0081 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 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. The shark commercial 
retention limits, quotas, and closure requirements can be found in 
Sec. Sec.  635.24(a), 635.27(b), and 635.28(b), respectively.
    For the Atlantic shark commercial fisheries, the 2006 Consolidated 
HMS FMP and its amendments established default commercial shark 
retention limits, commercial quotas for species and management groups, 
and adjustment procedures for underharvests and overharvests. 
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, meaning 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.

Proposed Opening Date and Retention Limit Measures

    NMFS is proposing to open the 2024 fishing year on January 1, 
permitting the maximum allowable retention limit for LCS fisheries, and 
is proposing options, described below, to change the opening date and 
default retention limit measures for LCS fisheries for future fishing 
years. These options are based on catch rates and landings information 
for 2021, 2022, and to date in 2023. In 2022 and 2023, NMFS opened the 
fishing years on January 1, with the maximum retention limit of 55 LCS 
other than sandbar sharks per vessel per trip for Shark Directed permit 
holders. The 2021 fishing year opened on January 1, with the default 
retention limit of 45 LCS other than sandbar sharks per vessel per 
trip; however, the retention limit was increased in all regions to 55 
LCS other than sandbar sharks per vessel per trip by the end of March 
(86 FR 16075, March 26, 2021; 86 FR 47395, August 25, 2021). Despite 
having the maximum retention limits allowed under the regulations, the 
quotas for the various LCS management groups were not fully harvested 
in 2021 or 2022. Under current catch rates, it is unlikely the current 
quotas will be fully harvested in 2023. Given the current number of 
active and inactive permit holders, NMFS does not expect catch rates to 
increase in the near future. As such, NMFS is proposing opening the 
Atlantic shark commercial fishing year on January 1 under the highest 
possible allowable retention limit for LCS fisheries for 2024 and 
considering establishing those as the default opening date and 
retention limit for future fishing years.
    Option 1, status quo, maintains the current management measures 
that require NMFS to adjust quotas and retention limits and establish 
the opening date for the upcoming fishing

[[Page 50823]]

year for the Atlantic shark commercial fisheries. Adjustments to quota 
levels for the various shark stock and management groups, commercial 
shark fishing opening dates, and default retention limits for directed 
shark permits must be proposed and finalized prior to the start of the 
upcoming fishing year based on data available from the previous fishing 
year. As a result, quota adjustments are based on incomplete data from 
the previous fishing year. Additionally, because the opening of the 
commercial shark fishing season is dependent upon implementation of an 
annual rulemaking, delays caused by the regulatory process could result 
in the fishery not opening on time. The uncertainty of this process can 
also mean that fishermen and dealers are unable to plan for the fishery 
starting January 1. This uncertainty may be one reason why the number 
of active permit holders and, accordingly, catch rates, has been 
declining over the years. Additionally, annually establishing the 
quotas, default retention limits, and opening date for the upcoming 
fishing year can be administratively burdensome for NMFS.
    Option 2, the preferred option, would revise both the start date 
for all Atlantic shark fisheries and the default retention limit for 
Shark Directed permit holders in the LCS fisheries. Specifically 
regarding the start date, the preferred option would revise the 
regulations at Sec.  635.27(b) to have the fishery automatically open 
on January 1 each year under base quotas and default retention limits. 
However, under this option NMFS would maintain the flexibility to 
prevent a regional or sub-regional shark management group from 
automatically opening on January 1 if the respective quota was 
overharvested or there were indications that opening on January 1 would 
result in the quota being overharvested. A change in opening date for a 
regional or sub-regional shark management group could occur during the 
respective fishing year or prior to January 1 for the following fishing 
year. Before changing the opening date from January 1, NMFS would 
consider the seven ``Opening Commercial Fishing Season Criteria'' 
listed at Sec.  635.27(b)(3). Under Option 2, each year, during the 
fishing year, NMFS would follow the quota adjustment process specified 
in Sec.  635.27(b)(2) and publish in the Federal Register an adjustment 
for any quota over- or underharvests based on landings reported from 
the previous fishing year.
    The proposed January 1 start date for 2024 and future fishing years 
is based on recent catch rates and fishing effort. NMFS has opened the 
Atlantic shark fishery on January 1 for the past 8 years. NMFS 
considered the underharvests of the different management groups in 2023 
and the past few years to determine the likely effects of the 
commercial quotas on shark stocks and fishermen across regional and 
sub-regional fishing areas. NMFS also examined 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 assessed the seasonal variation of the 
different species and management groups, as well as seasonal variation 
in fishing opportunities. Based on these analyses, NMFS believes that 
automatically opening the Atlantic shark fishery on January 1 would not 
cause the commercial quotas to be exceeded, and, considering trends in 
current catch rates, should continue to provide equitable fishing 
opportunities across all areas. However, if the situation changes and a 
significant portion of the quota begins to be harvested in one area, 
NMFS may adjust retention limit, as appropriate, to provide equitable 
fishing opportunities in all areas during the fishing year. 
Furthermore, having a stable start date may provide fishermen and 
dealers with more certainty for business planning purposes.
    The proposed default retention limit adjustment to 55 LCS other 
than sandbar sharks per vessel per trip for Shark Directed permit 
holders for 2024 and future fishing years is based on catch rates and 
landings information in 2023 and the past few years. The current 
default commercial retention limit is 45 LCS other than sandbar sharks 
per vessel per trip, unless NMFS determines otherwise and publishes a 
notice of inseason adjustment in the Federal Register (Sec.  
635.24(a)(2)). 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 are not projected to exceed the 
2023 overall aggregated LCS quota. This review indicates that in recent 
years the seasonal distribution of the shark species has not had an 
effect on the commercial shark landings within a region or sub-region. 
This result could be because in recent years shark fishermen have been 
able to operate throughout the year and target more profitable species 
in other fisheries depending on the season and availability of fish, 
including sharks.
    Under Option 2, NMFS would not change the existing regulations that 
allow for changes to the retention limit during the fishing year. 
Specifically, NMFS could continue to 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, and after considering the seven ``Inseason Trip Limit 
Adjustment'' criteria at Sec.  635.24(a)(8).
    The proposed automatic opening date and default retention limit 
combination would provide, to the extent practicable, equitable 
opportunities across the fisheries management sub-regions. 
Automatically opening the fishing year on January 1 each year under 
base quotas and retention limits reduces the likelihood of delays 
caused by the regulatory process and provides more certainty to 
stakeholders. Additionally, any quota adjustments, based on over- and/
or underharvest, could be accounted for at one time, based upon 
complete data from the prior fishing year. NMFS could also continue to 
adjust retention limits as needed throughout the fishing year to ensure 
quotas are harvested and not exceeded.
    Consistent with existing regulations, all of the regional or sub-
regional commercial fisheries for shark management groups would remain 
open until December 31 each year, 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-linked quotas (e.g., eastern Gulf of Mexico blacktip sharks, 
western Gulf of Mexico blacktip sharks, Gulf of Mexico non-blacknose 
small coastal sharks (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. The linked and non-linked quotas are shown in 
Table 1.
    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,

[[Page 50824]]

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 from the effective 
date and time of the closure until the start of the following fishing 
year or 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 start of the following fishing year or until NMFS 
announces that 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. 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.

    Table 1--Quota Linkages and Commercial Retention Limit by Regional or Sub-Regional Shark Management Group
----------------------------------------------------------------------------------------------------------------
                                                                                           Commercial retention
                                                                                           limits for  directed
         Region or sub-region              Management group        Quota linkages \1\      shark limited access
                                                                                            permit holders \2\
----------------------------------------------------------------------------------------------------------------
Western Gulf of Mexico...............  Blacktip Sharks........  Not Linked.............  55 LCS other than
                                       Aggregated LCS.........  Linked.................   sandbar sharks per
                                       Hammerhead Sharks......                            vessel per trip.
Eastern Gulf of Mexico...............  Blacktip Sharks........  Not Linked.............  55 LCS other than
                                       Aggregated LCS.........  Linked.................   sandbar sharks per
                                       Hammerhead Sharks......                            vessel per trip.
Gulf of Mexico.......................  Non-Blacknose SCS......  Not Linked.............  N/A.
                                       Smoothhound Sharks.....  Not Linked.............  N/A.
Atlantic.............................  Aggregated LCS.........  Linked.................  55 LCS other than
                                       Hammerhead Sharks......                            sandbar sharks per
                                                                                          vessel per trip.
                                       Non-Blacknose SCS......  Linked (South of         N/A.
                                       Blacknose Sharks (South   34[deg] N lat. only).   8 blacknose sharks per
                                        of 34[deg] N lat.                                 vessel per trip.\3\
                                        Only).
                                       Smoothhound Sharks.....  Not Linked.............  N/A.
No Regional Quotas...................  Non-Sandbar LCS          Linked \4\.............  N/A.
                                        Research.
                                       Sandbar Shark Research.
                                       Blue Sharks............  Not Linked.............  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.

Proposed 2024 Commercial Shark Quotas

    NMFS proposes to adjust the quota levels for the various shark 
stocks and management groups for the 2024 Atlantic shark commercial 
fishing year (i.e., January 1 through December 31, 2024) based on 
underharvests that occurred during the 2023 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 5 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 2023 harvests to date, and after considering catch rates 
and landings from previous years, NMFS proposes to adjust the 2024 
quotas for certain management groups as shown in Table 2. All of the 
2024 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 2025 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

[[Page 50825]]

regions are not overfished, and overfishing is not occurring, available 
underharvest (up to 50 percent of the base annual quota) from the 2023 
fishing year for these management groups may be added to their 
respective 2024 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 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 2023 underharvests cannot be carried 
over to the 2024 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 2024 quotas by species and management group are 
summarized in Table 2 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 2 includes landings 
data as of May 12, 2023. Final quotas are subject to change based on 
landings as of mid-October 2023.

                     Table 2--2024 Proposed Quotas for the Atlantic Shark Management Groups
----------------------------------------------------------------------------------------------------------------
                                                                                                          2024
                                                  2023 Annual   Preliminary   Adjustments   2024 Base   Proposed
     Region or sub-region      Management group      quota         2023           \2\        annual      annual
                                                               landings \1\                   quota      quota
                                                 (A)           (B)           (C)           (D)         (D+C)
----------------------------------------------------------------------------------------------------------------
Western Gulf of Mexico.......  Blacktip Sharks.  347.2 mt      225.3 mt      115.7 mt      231.5 mt    347.2 mt
                               Aggregate Large    (765,392      (496,649      (225,131      (510,261    (765,392
                                Coastal Sharks    lb)           lb)           lb)           lb)         lb).
                                \3\.             72.0 mt       75.9 mt       ............  72.0 mt     72.0 mt
                                                  (158,724      (167,296                    (158,724    (158,724
                                                  lb)           lb)                         lb)         lb).
                               Hammerhead        11.9 mt       <3.0 mt       ............  11.9 mt     11.9 mt
                                Sharks \4\.       (26,301 lb)   (<6,612 lb)                 (26,301     (26,301
                                                                                            lb)         lb).
Eastern Gulf of Mexico.......  Blacktip Sharks.  37.7 mt       0.6 mt        12.6 mt       25.1 mt     37.7 mt
                               Aggregate Large    (83,158 lb)   (1,394 lb)    (27,719 lb)   (55,439     (83,158
                                Coastal Sharks   85.5 mt       <1.0 mt (327  ............   lb)         lb).
                                \3\.              (188,593      lb)                        85.5 mt     85.5 mt
                                                  lb)                                       (188,593    (188,593
                                                                                            lb)         lb).
                               Hammerhead        13.4 mt       <1.0 mt       ............  13.4 mt     13.4 mt
                                Sharks.           (29,421 lb)   (2,204 lb)                  (29,421     (29,421
                                                                                            lb)         lb).
Gulf of Mexico...............  Non-Blacknose     112.6 mt      <1.0 mt (351                112.6 mt    112.6 mt
                                Small Coastal     (428,215      lb)                         (428,215    (428,215
                                Sharks.           lb)                                       lb)         lb).
                               Smoothhound       504.6 mt      0.0 mt (0     168.2 mt      336.4 mt    504.6 mt
                                Sharks.           (1,112,441    lb)           (370,814      (741,627    (1,112,4
                                                  lb)                         lb)           lb)         41 lb).
Atlantic.....................  Aggregate Large   168.9 mt      41.8 mt       ............  168.9 mt    168.9 mt
                                Coastal Sharks.   (372,552      (92,088 lb)                 (372,552    (372,552
                                                  lb)                                       lb)         lb).
                               Hammerhead        27.1 mt       12.9 mt                     27.1 mt     27.1 mt
                                Sharks.           (59,736 lb)   (28,547 lb)                 (59,736     (59,736
                                                                                            lb)         lb).
                               Non-Blacknose     264.1 mt      18.8 mt       ............  264.1 mt    264.1 mt
                                Small Coastal     (582,333      (41,502 lb)                 (582,333    (582,333
                                Sharks.           lb)                                       lb)         lb).
                               Blacknose Sharks  17.2 mt       <3.0 mt       ............  17.2 mt     17.2 mt
                                (South of         (3,921 lb)    (<6,612 lb)                 (3,921      (3,921
                                34[deg] N lat.                                              lb)         lb).
                                Only).
                               Smoothhound       1,802.6 mt    47.0 mt       600.9 mt      1,201.7 mt  1,802.6
                                Sharks.           (3,973,902    (103,672      (1,324,634    (2,649,26   mt
                                                  lb)           lb)           lb)           8 lb)       (3,973,9
                                                                                                        02 lb).
No Regional Quotas...........  Non-Sandbar LCS   50.0 mt       <2.0 mt       ............  50.0 mt     50.0 mt
                                Research.         (110,230      (<4,408 lb)                 (110,230    (110,230
                                                  lb)                                       lb)         lb).
                               Sandbar Shark     90.7 mt       <22.0 mt      ............  90.7 mt     90.7 mt
                                Research.         (199,943      (<48,500                    (199,943    (199,943
                                                  lb)           lb)                         lb)         lb).
                               Blue Sharks.....  273.0 mt      <2.0 mt       ............  273.0 mt    273.0 mt
                                                  (601,856      (<4,408 lb)                 (601,856    (601,856
                                                  lb)                                       lb)         lb).
                               Porbeagle Sharks  1.7 mt        <1.0 mt       ............  1.7 mt      1.7 mt
                                                  (3,748 lb)    (<2,204 lb)                 (3,748      (3,748
                                                                                            lb)         lb).
                               Pelagic Sharks    488.0 mt      9.9 mt        ............  488.0 mt    488.0 mt
                                Other Than        (1,075,856    (21,910 lb)                 (1,075,85   (1,075,8
                                Porbeagle or      lb)                                       6 lb)       56 lb).
                                Blue.
----------------------------------------------------------------------------------------------------------------
\1\ Landings are from January 1, 2023 through May 12, 2023 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 40.0 mt dw of the aggregate LCS quota from the Gulf of Mexico eastern sub-region to the
  western sub-region as of March 21, 2023 (88 FR 17742, March 24, 2023).

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 2023 fishing year for these management groups 
may be added to their respective 2024 base quotas. Reported landings 
for blacktip sharks and smoothhound sharks have not exceeded their 2023 
quotas to date.
    Blacktip Sharks: The 2024 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 May 12, 2023, preliminary reported landings for 
blacktip sharks in the Gulf of Mexico western sub-region were 65 
percent (225.3 mt dw) of their 2023 quota (347.2 mt dw), and in the 
eastern sub-region were at 2 percent (0.6 mt dw) of their 2023 quota 
(37.7 mt dw). Consistent with Sec.  635.27(b)(1)(ii)(C), any

[[Page 50826]]

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 May 12, 2023, the overall Gulf of Mexico 
blacktip shark management group is underharvested by 159.0 mt dw 
(350,307 lb dw). The proposed 2024 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 2023 underharvest = 347.2 
mt dw 2024 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 
2023 underharvest = 37.7 adjusted annual quota).
    Smoothhound Sharks: The 2024 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 May 12, 2023, there have been no smoothhound 
shark landings in the Gulf of Mexico region, and 3 percent (47.0 mt dw) 
of their 2023 quota (1,802.6 mt dw) has been landed in the Atlantic 
region. NMFS proposes to adjust the 2024 Gulf of Mexico and Atlantic 
smoothhound shark quotas for anticipated underharvests in 2023 to the 
full extent allowed. The proposed 2024 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 2023 underharvest = 504.6 mt dw 2024 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 2023 underharvest = 
1,802.6 mt dw 2024 adjusted annual quota).

Shark Management Groups Where Underharvests Cannot Be Carried Over

    Consistent with the current regulations at Sec.  635.27(b)(2)(ii), 
2023 underharvests cannot be carried over to the 2024 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 2024 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.
    Aggregated LCS: The 2024 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 2024 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 40.0 mt dw of aggregate LCS quota from the eastern 
Gulf of Mexico sub-region to the western Gulf of Mexico sub-region (88 
FR 17742, March 24, 2023). That inseason quota transfer would not 
impact the proposed actions in this rulemaking. As of May 12, 2023, 
preliminary reported landings for aggregated LCS in the western Gulf of 
Mexico sub-region were at 68 percent (75.9 mt dw) of their 2023 quota 
(112.0 mt dw), in the eastern Gulf of Mexico sub-region were less than 
1 percent (<1.0 mt dw) of their 2023 quota (45.5 mt dw), and in the 
Atlantic region were 25 percent (41.8 mt dw) of their 2023 quota (168.9 
mt dw). Reported landings from both Gulf of Mexico sub-regions and the 
Atlantic region have not exceeded the 2023 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 2024 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 2024 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 2024 proposed commercial quota for hammerhead 
sharks in the Atlantic region is 27.1 mt dw (59,736 lb dw). As of May 
12, 2023, preliminary reported landings of hammerhead sharks in the 
western Gulf of Mexico sub-region were less than 25 percent (<3.0 mt 
dw) of their 2023 quota (11.9 mt dw), in the eastern Gulf of Mexico 
sub-region were less than 7 percent (<1.0 mt dw) of their 2023 quota 
(13.4 mt dw), and in the Atlantic region were at 48 percent (12.9 mt 
dw) of their 2023 quota (27.1 mt dw). Reported landings from the Gulf 
of Mexico sub-regions and the Atlantic region have not exceeded the 
2023 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 2024 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 2024 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 May 12, 2023, 
preliminary reported landings of blacknose sharks in the Atlantic 
region were less than 17 percent (<3.0 mt dw) of their 2023 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 2024 quota for blacknose sharks in the Atlantic 
region be equal to their annual base quota without adjustment.
    Non-Blacknose SCS: The 2024 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 
May 12, 2023, preliminary reported landings of non-blacknose SCS in the 
Gulf of Mexico were less than 1 percent (<1.0 mt dw) of their 2023 
quota (112.6 mt dw) and in the Atlantic region were at 7 percent (18.8 
mt dw) of their 2023 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 2024 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 2024 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. Given the current 
shortfin mako shark retention limit of zero in commercial and 
recreational HMS fisheries, the pelagic sharks (other than porbeagle or 
blue sharks) management group comprises only common thresher shark 
landings. As of May 12, 2023, landings of porbeagle sharks were less 
than 59

[[Page 50827]]

percent (<1.0 mt dw) of their 2023 quota (1.7 mt dw), and landings of 
blue sharks were less than 1 percent (<2.0 mt) of their 2023 quota 
(273.0 mt), and landings of pelagic sharks (other than porbeagle and 
blue sharks) were at 2 percent (9.9 mt dw) of their 2023 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 2024 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 2024 proposed commercial quotas within 
the shark research fishery are 50.0 mt dw (110,230 lb dw) for research 
LCS and 90.7 mt dw (199,943 lb dw) for sandbar sharks. Within the shark 
research fishery, as of May 12, 2023, preliminary reported landings of 
research LCS were less than 4 percent (<2.0 mt dw) of their 2023 quota 
(50.0 mt dw) and sandbar shark reported landings were less than 24 
percent (<22.0 mt dw) of their 2023 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 2024 quotas in 
the shark research fishery be equal to their annual base quotas without 
adjustment.

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 September 1, 2023 (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 proposed rule has been determined to be not significant for 
purposes of 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 default retention limits 
and establish the opening date for the 2024 Atlantic shark commercial 
fisheries. This proposed rule would also consider options for 2024 and 
future years to automatically open the commercial fishing year on 
January 1 each year under the base quotas and retention limits and 
increase the default commercial retention limit for the LCS fisheries. 
NMFS would adjust quotas as required or allowable based on any 
overharvests and/or underharvests from the 2023 fishing year. NMFS has 
limited flexibility to otherwise modify the quotas in this proposed 
rule. NMFS notes 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 (IRFA) 
and the final regulatory flexibility analysis (FRFA) 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 adjusted quotas, retention limits, 
and opening date 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 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. The SBA 
authorizes an agency to develop its own industry-specific size 
standards after consultation with the SBA Office of Advocacy and an 
opportunity for public comment (see 13 CFR 121.903(c)). Pursuant to 
this process, NMFS issued a final rule that 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 (80 FR 81194, December 29, 2015; effective on July 
1, 2016). The 2011 IRFA/FRFA 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 in 
total they have average annual receipts of less than $11 million for 
commercial fishing.
    As of March 2023, this proposed rule would apply to the 
approximately 196 directed commercial shark permit holders, 240 
incidental commercial shark permit holders, 153 smoothhound shark 
permit holders, and 55 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 436 
directed and incidental commercial shark permit holders, to date this 
year, 9 permit holders landed sharks in the Gulf of Mexico region, and 
28 landed sharks in the Atlantic region. Of the 153 smoothhound shark 
permit holders, to date this year, 25 permit holders landed smoothhound 
sharks in the Atlantic region, and none have 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 2024 Atlantic shark commercial base quotas could result in 
estimated total fleet revenues of $10,233,205. 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 2023. The increase for 
the western Gulf of Mexico blacktip shark management group could result 
in a potential $232,169 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 $34,926 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 2023. This would cause 
a potential gain in revenue of $381,938 for the fleet in the Gulf of 
Mexico region, and a potential gain in revenue of $1,483,590 for the 
fleet in the Atlantic

[[Page 50828]]

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 $13 
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-vessel
            Region                Management group         meat price
------------------------------------------------------------------------
Western Gulf of Mexico.......  Blacktip Sharks......               $0.91
                               Aggregated LCS.......                0.83
                               Hammerhead Sharks....                0.80
Eastern Gulf of Mexico.......  Blacktip Sharks......                1.26
                               Aggregated LCS.......                1.09
                               Hammerhead Sharks....                0.93
Gulf of Mexico...............  Non-Blacknose SCS....                1.31
                               Smoothhound Sharks...                1.03
Atlantic.....................  Aggregated LCS.......                1.27
                               Hammerhead Sharks....                0.72
                               Non-Blacknose SCS....                1.31
                               Blacknose Sharks.....                1.38
                               Smoothhound Sharks...                1.12
No Region....................  Shark Research                       1.22
                                Fishery (Aggregated                 0.98
                                LCS).                               0.80
                               Shark Research         ..................
                                Fishery (Sandbar                    1.51
                                only).
                               Blue sharks..........
                               Porbeagle sharks.....
                               Pelagic Sharks Other
                                Than Porbeagle or
                                Blue.
All..........................  Shark Fins...........  ..................
Atlantic.....................  Shark Fins...........  ..................
Gulf of Mexico...............  Shark Fins...........  ..................
------------------------------------------------------------------------

    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 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 
based on over- and underharvest, automatically open the commercial 
fishing year on January 1 each year under base quotas and retention 
limits, and revise the default commercial retention limit for the LCS 
fisheries, this proposed rule does not practically 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, nor does it effectively 
change how those shark fisheries have been managed over the past eight 
years. Furthermore, as described above, this action is not expected to 
significantly affect the amount of sharks caught and sold or result in 
any significant change in the ex-vessel revenues those fishermen could 
expect, because, for the most part, the proposed quotas, retention 
limits, and opening dates are the same as those for the prior 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 IRFA 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.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations, Imports, 
Penalties, Reporting and recordkeeping requirements, Statistics, 
reaties.

Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 635 as follows:

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

0
1. The authority citation for part 635 continues to read as follows:

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

0
2. In Sec.  635.24, revise paragraph (a)(2) to read as follows:


Sec.  635.24  Commercial retention limits for sharks, swordfish, and 
BAYS tunas.

* * * * *
    (a) * * *
    (2) The commercial retention limit for LCS other than sandbar 
sharks for a person who owns or operates a vessel that has been issued 
a directed LAP for sharks and does not have a valid shark research 
permit, or a person who owns or operates a vessel that has been issued 
a directed LAP for sharks and that has been issued a shark research 
permit but does not have a NMFS-approved observer on board, may range 
between

[[Page 50829]]

0 and 55 LCS other than sandbar sharks per vessel per trip if the 
respective LCS management group(s) is open per Sec. Sec.  635.27 and 
635.28. Such persons may not retain, possess, or land sandbar sharks. 
At the start of each fishing year, the default commercial retention 
limit is 55 LCS other than sandbar sharks per vessel per trip unless 
NMFS determines otherwise and files with the Office of the Federal 
Register for publication notification of an inseason adjustment. During 
the fishing year, NMFS may adjust the retention limit per the inseason 
trip limit adjustment criteria listed in paragraph (a)(8) of this 
section.
* * * * *
* * * * *
0
3. In Sec.  635.27, revise paragraphs (b)(2) introductory text and 
(b)(3) introductory text to read as follows:


Sec.  635.27  Quotas.

* * * * *
    (b) * * *
    (2) Annual and inseason adjustments of commercial quotas. NMFS will 
publish in the Federal Register any annual or inseason adjustments to 
the base annual commercial overall, regional, or sub-regional quotas. 
Unless the opening date of a commercial shark fishery is adjusted under 
paragraph (b)(3) of this section, on January 1 of each year, base 
quotas, as established in paragraph (b)(1) of this section, will be 
available, and any adjustments will be published in the Federal 
Register. Within a fishing year or at the start of a fishing year, NMFS 
may transfer quotas between regions and sub-regions of the same species 
or management group, as appropriate, based on the criteria in paragraph 
(b)(2)(iii) of this section.
* * * * *
    (3) Opening commercial fishing season. Unless adjusted under this 
paragraph (b)(3), the commercial shark fisheries will open on January 1 
of each year under the base quotas, as established in paragraph (b)(1) 
of this section. If NMFS determines a commercial shark fishery or a 
part of a commercial shark fishery should open on a date other than 
January 1, NMFS will file with the Office of the Federal Register for 
publication notification of the opening date(s) of the relevant 
overall, regional, or sub-regional shark fishery(ies) for the relevant 
species or management group(s). Before making any decisions, NMFS would 
consider the following criteria and other relevant factors in 
establishing the opening date(s):
* * * * *
0
4. In Sec.  635.28, revise paragraphs (b)(2) and (3) to read as 
follows:


Sec.  635.28  Fishery closures.

* * * * *
    (b) * * *
    (2) Non-linked quotas. If the overall, regional, and/or sub-
regional quota of a species or management group is not linked to 
another species or management group and that overall, regional, and/or 
sub-regional quota is available, then that overall, regional, and/or 
sub-regional commercial fishery for the shark species or management 
group will open as specified in Sec.  635.27(b). When NMFS calculates 
that the overall, regional, and/or sub-regional landings for a shark 
species and/or management group, as specified in Sec.  635.27(b)(1), 
has reached or is projected to reach 80 percent of the applicable 
available overall, regional, and/or sub-regional quota as specified in 
Sec.  635.27(b)(1) and is projected to reach 100 percent of the 
relevant quota by the end of the fishing season, NMFS will file for 
publication with the Office of the Federal Register a closure action, 
as applicable, for that shark species and/or shark management group 
that will be effective no fewer than 4 days from date of filing. From 
the effective date and time of the closure until the start of the 
following fishing year or until NMFS announces, via the publication of 
a notice in the Federal Register, that additional overall, regional, 
and/or sub-regional quota is available and the season is reopened, the 
overall, regional, and/or sub-regional fisheries for that shark species 
or management group are closed.
    (3) Linked quotas. As specified in paragraph (b)(4) of this 
section, the overall, regional, and/or sub-regional quotas of some 
shark species and/or management groups are linked to the overall, 
regional, and/or sub-regional quotas of other shark species and/or 
management groups. For each pair of linked species and/or management 
groups, if the overall, regional, and/or sub-regional quota specified 
in Sec.  635.27(b)(1) is available for each pair of linked species and/
or management groups, then the overall, regional, and/or sub-regional 
commercial fishery for both of the linked species and/or management 
groups will open as specified in Sec.  635.27(b)(1). When NMFS 
calculates that the overall, regional, and/or sub-regional landings for 
any species and/or management group of a linked group have reached or 
are projected to reach 80 percent of the applicable available overall, 
regional, and/or sub-regional quota as specified in Sec.  635.27(b)(1) 
and are projected to reach 100 percent of the relevant quota before the 
end of the fishing season, NMFS will file for publication with the 
Office of the Federal Register a closure action for all of the species 
and/or management groups in that linked group that will be effective no 
fewer than 4 days from date of filing. From the effective date and time 
of the closure until the start of the following fishing year or until 
NMFS announces, via the publication of a notice in the Federal 
Register, that additional overall, regional, and/or sub-regional quota 
is available and the season is reopened, the overall, regional, and/or 
sub-regional fishery for all species and/or management groups in that 
linked group is closed.
* * * * *
[FR Doc. 2023-15967 Filed 8-1-23; 8:45 am]
BILLING CODE 3510-22-P