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Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules
limit of 55 sharks other than sandbar sharks per vessel per trip.
In the Atlantic region, NMFS
proposes opening the aggregated LCS
and hammerhead shark management groups on January 1, 2022. The criteria listed in 635.27b3 consider the effects of catch rates in one part of a region precluding vessels in another part of that region from having a reasonable opportunity to harvest a portion of the different species and/or management quotas 635.27b3v.
The 2021 data indicate that an opening date of January 1, coupled with inseason adjustments to the retention limit if later considered and needed, would provide a reasonable opportunity for fishermen in every part of each region to harvest a portion of the available quotas 635.27b3i, while accounting for variations in seasonal distribution of the different species in the management groups 635.27b3iv. Because the quotas we propose for 2022 are the same as the quotas in 2021, NMFS proposes that the season lengths, and therefore, the participation of various fishermen throughout the region, would be similar in 2022 635.27b3ii and iii.
Additionally, the January 1 opening date appears to meet the objectives of the 2006 Consolidated HMS FMP and its amendments 635.27b3vi. In the recent past, NMFS has managed the fishery by opening the aggregated LCS
and hammerhead shark management groups on January 1 with a relatively high retention limit. Once a certain percentage threshold was reached, the retention limit was reduced to a low limit, such as 3 LCS other than sandbar sharks per vessel per trip, and then the retention limit was increased again in mid-July. This approach allowed the fishery in the Atlantic region to remain open throughout the year, consistent with conservation and management measures for the stocks and requests from fishermen and states. However, landings data from 2016 to present indicate a decrease in annual landings in the aggregated LCS management group. As a result, in 2021 NMFS
opened with a retention limit of 45 LCS
other than sandbar sharks per vessel per trip, anticipating that it might later reduce the trip limit when landings reached approximately 40 percent of the quota and after considering appropriate factors. Instead, on March 23, 2021, NMFS increased the retention limit from 36 to the maximum limit of 55 LCS
other than sandbar sharks per vessel per trip for all directed permit holders due to low landings 86 FR 16075; March 26, 2021. As of July 9, 2021, landings data indicate that, despite increasing the
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retention limit to the maximum, only 22.9 percent of the aggregated LCS and 37.7 percent of the hammerhead shark commercial quotas have been landed.
Considering this experience and the recent reduced landings compared to past years, NMFS proposes to open on January 1, 2022, with a retention limit of 55 LCS other than sandbar sharks per vessel per trip. Starting with the highest retention limit available could allow fishermen in the Atlantic region to more fully utilize the available science-based quota. As needed, NMFS may adjust the retention limit throughout the year to ensure equitable fishing opportunities throughout the region and ensure the quota is not exceeded see the criteria at 635.24a8. For example, if the quota is harvested too quickly, NMFS could consider reducing the retention limit as appropriate to ensure enough quota remains until later in the year. NMFS
would publish in the Federal Register notification of any inseason adjustments of the retention limit.
All of the shark management groups would remain open until December 31, 2022, 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 before the end of the fishing season, or until a quota-linked species or management group is closed. If NMFS determines that a non-quotalinked shark species or management group must be closed, then, consistent with 635.28b2 for non-linked quotas e.g., eastern Gulf of Mexico blacktip, western Gulf of Mexico blacktip, Gulf of Mexico non-blacknose 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 that will be effective no fewer than four days from the date of filing. For the blacktip shark management group, regulations at 635.28b5i through v authorize NMFS to close the management group before landings have reached or are projected to reach 80 percent of applicable available overall, regional, and/or sub-regional quota and are projected to reach 100 percent of the relevant quota by the end of the fishing season, after considering the following criteria and other relevant factors:
Season length based on available subregional quota and average sub-regional catch rates; variability in regional and/
or sub-regional seasonal distribution, abundance, and migratory patterns;
effects on accomplishing the objectives
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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 even across fishing years from the effective date and time of the closure until NMFS announces, via the publication of a notice in the Federal Register, that additional quota is available and the season is reopened.
If NMFS determines that a quotalinked species and/or management group must be closed, then, consistent with 635.28b3 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 that will be effective no fewer than four days from the date of filing. In that event, from the effective date and time of the closure until the season is reopened and additional quota is available via the publication of another NMFS notice in the Federal Register, the fisheries for all quotalinked species and/or management groups will be closed, even across fishing years. 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 and Atlantic non-blacknose SCS south of 34 N
latitude.
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 7, 2021 see DATES and ADDRESSES.
Classification The NMFS Assistant Administrator has determined that the proposed rule is consistent with the 2006 Consolidated HMS FMP and its amendments, the Magnuson-Stevens Act, and other applicable laws, subject to further consideration after public comment.
These proposed specifications are exempt from review under Executive Order 12866.
NMFS determined that the final rules to implement Amendment 2 to the 2006
Consolidated HMS FMP June 24, 2008,
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