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Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules
less than 12 percent <2.3 mt dw of the 2021 quota 11.9 mt dw, landings of hammerhead sharks in the eastern Gulf of Mexico sub-region were at 42.3
percent 5.7 mt dw of the 2021 quota 13.4 mt dw, and landings of hammerhead sharks in the Atlantic region were at 37.7 percent 10.2 mt dw of the 2021 quota. Reported landings from the Gulf of Mexico sub-regions and the Atlantic region have not exceeded the 2021 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 both preliminary estimates and catch rates from previous years, NMFS
proposes that the 2022 quotas for hammerhead sharks in the western Gulf of Mexico and eastern Gulf of Mexico sub-regions be equal to their annual base quotas without adjustment.
The 2022 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 N latitude. North of 34 N
latitude, retention, landing, or sale of blacknose sharks is prohibited. NMFS is not proposing any adjustments to the blacknose shark quota at this time. For these stocks, the 2022 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.
As of July 9, 2021, preliminary reported landings of blacknose sharks were at 28.0 percent 4.8 mt dw of the 2021
quota levels in the Atlantic region.
Reported landings have not exceeded the 2021 quota to date. NMFS proposes that the 2022 Atlantic blacknose shark quota be equal to the annual base quota without adjustment.
The 2022 proposed commercial quota for non-blacknose SCS in the Gulf of Mexico region is 112.6 mt dw 248,215
lb dw. The 2022 proposed commercial quota for non-blacknose SCS in the Atlantic region is 264.1 mt dw 582,333
lb dw. For these stocks, the 2022
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. As of July 9, 2021, preliminary reported landings of nonblacknose SCS were at 20.5 percent 23.1 mt dw of their 2021 quota level 112.6 mt dw in the Gulf of Mexico region and were at 12.4 percent 32.8 mt dw of the 2021 quota level in the Atlantic region. Reported landings have not exceeded the 2021 quota to date.

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Given the unknown status of bonnethead sharks within the Gulf of Mexico and Atlantic non-blacknose SCS
management groups, underharvests cannot be carried forward. Based on both preliminary estimates and catch rates from previous years, NMFS
proposes that the 2022 quota for nonblacknose SCS in the Gulf of Mexico and Atlantic regions be equal to the annual base quota without adjustment.
The 2022 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. For these stocks, the 2022
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. As of July 9, 2021, there were no preliminary reported landings of blue sharks or porbeagle sharks, and landings of pelagic sharks other than porbeagle and blue sharks were at 5.2
percent 25.2 mt dw of the 2021 quota level 488.0 mt dw. Given that 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 2022 quotas for blue sharks, porbeagle sharks, and pelagic sharks other than porbeagle and blue sharks be equal to their annual base quotas without adjustment.
The 2022 proposed commercial quotas within the shark research fishery are 50 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 July 9, 2021, preliminary reported landings of research LCS were at 10.1 percent 5.0
mt dw of the 2021 quota, and sandbar shark reported landings were at 39
percent 35.4 mt dw of their 2021
quota. 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 2022
quota in the shark research fishery be equal to the annual base quota without adjustment.
Proposed Opening Date and Retention Limits for the 2022 Atlantic Commercial Shark Fishing Year In proposing the commercial shark fishing season opening dates for all
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regions and sub-regions, NMFS
considered the Opening Commercial Fishing Season Criteria, which are the criteria listed at 635.27b3: The available annual quotas for the current fishing season, estimated season length and average weekly catch rates from previous years, length of the season and fishery participation in past years, effects of the adjustment on accomplishing objectives of the 2006
Consolidated HMS FMP and its amendments, temporal variation in behavior or biology of target species e.g., seasonal distribution or abundance, impact of catch rates in one region on another, and effects of delayed openings.
In analyzing the criteria, NMFS
examines the underharvests of the different management groups in the 2021 fishing year to determine the likely effects of the proposed commercial quotas for 2022 on shark stocks and fishermen across regional and subregional fishing areas. NMFS also examines the potential season length and previous catch rates to ensure, to the extent practicable, that equitable fishing opportunities will be provided to fishermen in all areas. Lastly, NMFS
examines the seasonal variation of the different species/management groups and the effects on fishing opportunities.
At the start of each fishing year, the default commercial retention limit is 45
LCS other than sandbar sharks per vessel per trip in the eastern and western Gulf of Mexico sub-regions and in the Atlantic region, unless NMFS
determines otherwise and files with the Office of the Federal Register for publication notification of an inseason adjustment. NMFS may adjust the retention limit from zero to 55 LCS
other than sandbar sharks per vessel per trip if the respective LCS management group is open under 635.27 and 635.28, respectively.
NMFS also considered the six Inseason Trip Limit Adjustment Criteria listed at 635.24a8. Those criteria are: The amount of remaining shark quota in the relevant area, region, or sub-region, to date, based on dealer reports; the catch rates of the relevant shark species/complexes in the region or sub-region, to date, based on dealer reports; the estimated date of fishery closure based on when the landings are projected to reach 80 percent of the quota given the realized catch rates and whether they are projected to reach 100
percent before the end of the fishing season; effects of the adjustment on accomplishing the objectives of the 2006
Consolidated HMS FMP and its amendments; variations in seasonal distribution, abundance, or migratory
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