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Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Rules and Regulations
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likely not be fully harvested under the current retention limit. If the harvest of these species is increased through an increased retention limit, NMFS
estimates that the fishery would remain open for the remainder of the year and fishermen would have a reasonable opportunity to harvest a large portion of the quota.
On December 1, 2020 85 FR 77007, NMFS announced in a final rule that the fishery for the aggregated LCS and hammerhead shark management groups for the eastern Gulf of Mexico subregion would open on January 1 with a quota of 85.5 mt dw 188,593 pounds lb dw and 13.3 mt dw 29,421 lb dw, respectively, blacktip sharks in the eastern and western Gulf of Mexico subregions would open on January 1 with a quota of 37.7 mt dw 83,158 lb dw and 347.2 mt dw 765,392 lb dw, respectively, and a commercial retention limit of 45 LCS other than sandbar sharks per trip for directed shark limited access permit holders.
NMFS explained that if it appeared that the quota was being harvested too slowly, NMFS would consider increasing the retention limit, consistent with the applicable regulatory requirements. Based on dealer reports through July 9, 2021, approximately 45
percent of the 85.5 mt dw quota for aggregated LCS and approximately 42
percent of the 13.4 mt dw quota for the hammerhead shark management group have been harvested in the eastern Gulf of Mexico sub-region. In addition, based on dealer reports through July 9, 2021, approximately 23 percent of the 37.7 mt dw quota for the eastern Gulf of Mexico sub-region blacktip and approximately 61 percent of the 347.2 mt dw quota for the western Gulf of Mexico sub-region blacktip have been harvested. Based on the current dealer reports, the average daily catch rates of landings in the eastern Gulf of Mexico sub-region for aggregated LCS, hammerhead, and blacktip, and in the western Gulf of Mexico sub-region for blacktip are low 635.24a8ii. A higher retention limit should increase the likelihood of
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full utilization of available quota in the Atlantic region, while also allowing the fishery to operate for the remainder of the year.
Accordingly, as of August 24, 2021, NMFS is increasing the retention limit for directed shark limited access permit holders from 45 to 55 LCS other than sandbar sharks per vessel per trip in the Gulf of Mexico region. In the eastern Gulf of Mexico sub-region, this applies to any shark in the aggregated LCS, hammerhead, or blacktip management groups. In the western Gulf of Mexico sub-region, because aggregated LCS and hammerhead management groups are closed, this increase only applies to the blacktip management group. This retention limit adjustment does not apply to directed shark limited access permit holders if the vessel is properly permitted to operate as a charter vessel or headboat for HMS and is engaged in a for-hire trip, in which case the recreational retention limits for sharks and no sale provisions apply 635.22a and c; or if the vessel possesses a valid shark research permit under 635.32 and a NMFS-approved observer is onboard, in which case the restrictions noted on the shark research permit apply.
All other retention limits in the Gulf of Mexico region remain unchanged.
This retention limit will remain at 55
LCS other than sandbar sharks per vessel per trip for the remainder of 2021, or until NMFS announces another adjustment to the retention limit or a fishery closure via a notification in the Federal Register, if warranted.
Classification NMFS issues this action pursuant to section 305d of the Magnuson-Stevens Act. This action is required by 50 CFR
part 635, which was issued pursuant to section 304c, and is exempt from review under Executive Order 12866.
The Assistant Administrator for NMFS AA finds that 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:

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Based on recent data, NMFS has determined that landings have been low 45 percent of the 85.5-mt dw quota for aggregated LCS and 42 percent of the 13.4-mt dw quota for the hammerhead shark management group in the eastern Gulf of Mexico sub-region; 23 percent of the 37.7-mt dw quota for the eastern Gulf of Mexico sub-region blacktip and 61-percent of the 347.2 mt dw quota for the western Gulf of Mexico sub-region blacktip. Delaying this action for prior notice and public comment would unnecessarily limit opportunities to harvest available aggregated LCS
management group, hammerhead shark management group, and blacktip shark quotas, which may have negative social and economic impacts for U.S.
fishermen. This action does not raise conservation and management concerns.
Adjusting retention limits does not affect the overall aggregated LCS
management group, hammerhead shark management group, and blacktip shark quotas, and available data show the adjustment would have a minimal risk of exceeding the quotas set for the aggregated LCS and hammerhead shark management groups in the eastern Gulf of Mexico sub-region, and blacktip sharks in the eastern and western Gulf of Mexico sub-regions in the December 1, 2020 final rule 85 FR 77007. NMFS
notes that the public had an opportunity to comment on the underlying rulemakings that established the quota and retention limit adjustment criteria.
Therefore, the AA finds good cause under 5 U.S.C. 553bB to waive prior notice and the opportunity for public comment. For all of the above reasons, there is also good cause under 5 U.S.C.
553d3 to waive the 30-day delay in effectiveness.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 20, 2021.
Kelly Denit, Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
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