Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Rules and Regulations 77007 

rule will not have a significant impact 

on the operations of a substantial 

number of small rural hospitals. 

VI. Unfunded Mandates 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

requires that agencies assess anticipated 

costs and benefits and take certain other 

actions before issuing a proposed rule 

that includes any federal mandate that 

may result in expenditures in any 1 year 

by state, local, or Tribal governments, in 

the aggregate, or by the private sector, of 

$100 million in 1995 dollars, updated 

annually for inflation. In 2020, that 

threshold is approximately $156 

million. Although we have not been 

able to quantify all costs, we expect the 

combined impact on state, local, or 

Tribal governments and the private 

sector to be below the threshold. 

VII. Federalism 

Executive Order 13132 establishes 

certain requirements that an agency 

must meet when it issues a proposed 

rule that imposes substantial direct 

costs on state and local governments, 

preempts state law, or otherwise has 

federalism implications. 

In compliance with the requirement 

of Executive Order 13132 that agencies 

examine closely any policies that may 

have federalism implications or limit 

the policymaking discretion of the 

states, we have engaged in efforts to 

consult with and work cooperatively 

with affected states, including 

participating in conference calls with 

and attending conferences of the 

National Association of Insurance 

Commissioners, and consulting with 

state insurance officials on an 

individual basis. 

While developing this final rule, we 

attempted to balance the states’ interests 

in regulating health insurance issuers 

with the need to ensure market stability 

and adopt refinements to HHS–RADV 

standards. By doing so, it is our view 

that we have complied with the 

requirements of Executive Order 13132. 

Because states have flexibility in 

designing their Exchange and Exchangerelated programs, state decisions will 

ultimately influence both administrative 

expenses and overall premiums. States 

are not required to establish an 

Exchange or risk adjustment program. 

HHS operates risk adjustment on behalf 

of any state that does not elect to do so. 

Beginning with the 2017 benefit year, 

HHS has operated risk adjustment for all 

50 states and the District of Columbia. 

In our view, while this final rule 

would not impose substantial direct 

requirement costs on state and local 

governments, it has federalism 

implications due to direct effects on the 

distribution of power and 

responsibilities among the state and 

Federal Governments relating to 

determining standards about health 

insurance that is offered in the 

individual and small group markets. 

VIII. Reducing Regulation and 

Controlling Regulatory Costs 

Executive Order 13771 requires that 

the costs associated with significant 

new regulations ‘‘to the extent permitted 

by law, be offset by the elimination of 

existing costs associated with at least 

two prior regulations.’’ This final rule is 

not subject to the requirements of 

Executive Order 13771 because it is 

expected to result in no more than de 

minimis costs. 

IX. Conclusion 

In accordance with the provisions of 

Executive Order 12866, this regulation 

was reviewed by the Office of 

Management and Budget. 

Dated: November 18, 2020. 

Seema Verma, 

Administrator, Centers for Medicare & 

Medicaid Services. 

Dated: November 23, 2020. 

Alex M. Azar II, 

Secretary, Department of Health and Human 

Services. 

[FR Doc. 2020–26338 Filed 11–25–20; 4:15 pm] 

BILLING CODE 4120–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No.: 201124–0317] 

RTID 0648–XT038 

Atlantic Highly Migratory Species; 

2021 Atlantic Shark Commercial 

Fishing Year 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; fishing season 

notification. 

SUMMARY: This final rule establishes the 

2021 opening date for all Atlantic shark 

fisheries, including the fisheries in the 

Gulf of Mexico and Caribbean. This 

final rule also establishes the shark 

fisheries quotas for the 2021 fishing 

year, with adjustments based on harvest 

levels during 2020, and establishes the 

large coastal shark (LCS) retention limits 

for directed shark limited access permit 

holders. NMFS may increase or decrease 

these retention limits for directed shark 

limited access permit holders during the 

year, in accordance with existing 

regulations, to provide equitable fishing 

opportunities for commercial shark 

fishermen in all regions and areas, to the 

extent practicable. These actions could 

affect fishing opportunities for 

commercial shark fishermen in the 

northwestern Atlantic Ocean, including 

the Gulf of Mexico and Caribbean Sea. 

DATES: This rule is effective on January 

1, 2021. The 2021 Atlantic commercial 

shark fishing year opening dates and 

quotas are provided in Table 1 under 

SUPPLEMENTARY INFORMATION. 

ADDRESSES: Atlantic Highly Migratory 

Species (HMS) Management Division, 

1315 East-West Highway, Silver Spring, 

MD 20910; https://

www.fisheries.noaa.gov/topic/atlantichighly-migratory-species. 

FOR FURTHER INFORMATION CONTACT: 

Lauren Latchford (lauren.latchford@

noaa.gov), Guy Eroh (guy.eroh@

noaa.gov), or Karyl Brewster-Geisz 

(karyl.brewster-geisz@noaa.gov) at 301– 

427–8503. 

SUPPLEMENTARY INFORMATION: 

Background 

The Atlantic commercial shark 

fisheries are managed primarily under 

the authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). The 2006 

Consolidated Atlantic HMS Fishery 

Management Plan (FMP) and its 

amendments are implemented by 

regulations at 50 CFR part 635. For the 

Atlantic commercial shark fisheries, the 

2006 Consolidated HMS FMP and its 

amendments established, among other 

things, measures related to commercial 

shark retention limits, commercial 

quotas for species and management 

groups, and accounting for under- and 

overharvests in the shark fisheries. 

Regulations include adaptive 

management measures, such as 

flexibility in establishing opening dates 

for the fishing season and the ability to 

make inseason trip limit adjustments, 

which provide management flexibility 

in furtherance of equitable fishing 

opportunities, to the extent practicable, 

for commercial shark fishermen in all 

regions and areas. 

On September 29, 2020, NMFS 

published a proposed rule (85 FR 

60947) regarding management measures 

for the commercial shark fisheries for 

the 2021 fishing year. The rule proposed 

opening all Atlantic commercial shark 

management groups on January 1, 2021, 

setting initial retention limits for large 

coastal sharks (LCS) by directed shark 


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77008 Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Rules and Regulations 

limited access permit holders, and 

adjusting certain quotas for the 2021 

fishing year based on harvest levels 

during 2020. The proposed rule 

contains background information and 

details that are not repeated here. The 

comment period on the proposed rule 

closed on October 29, 2020. NMFS 

received six written comments during 

the comment period. Those comments, 

along with NMFS’ responses, are 

summarized below. After considering 

all the comments, NMFS is finalizing 

the rule as proposed. 

Specifically, NMFS is opening the 

fishing year for all shark management 

groups on January 1, 2021. As described 

in the proposed rule, in establishing the 

opening date, NMFS considered the 

‘‘opening commercial fishing season’’ 

criteria at 50 CFR 635.27(b)(3). These 

criteria include the following factors: 

Available annual quotas for the current 

fishing season; estimated season length 

and average weekly catch rates from 

previous years; length of the season and 

fishermen participation in past years; 

impacts to 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 

season openings. This final rule also 

establishes a starting retention limit for 

directed shark limited access permit 

holders in the blacktip, aggregated LCS, 

and hammerhead management groups of 

45 LCS other than sandbar sharks per 

vessel per trip for the entire Gulf of 

Mexico region (which includes both the 

eastern and western sub-regions), and 

36 LCS other than sandbar sharks per 

vessel per trip for the Atlantic region. 

This final rule does not affect or change 

the current retention limit for incidental 

shark limited access permit holders for 

all regions. Consistent with 

§ 635.24(a)(3) and (4), the current 

retention limit will remain at 3 LCS 

other than sandbar sharks per vessel per 

trip, and no more than 16 small coastal 

sharks (SCS) and pelagic sharks, 

combined, per vessel per trip. 

Additionally, the retention limit for 

blacknose sharks for all permit holders 

in the Atlantic region south of 34°00′ N 

lat. will remain at eight blacknose 

sharks per trip consistent with 

§ 635.24(a)(4). Blacknose sharks may not 

be harvested in the Gulf of Mexico 

region. 

This final rule adjusts certain annual 

commercial quotas for 2021 based on 

over- and/or underharvests, calculated 

after accounting for landings reported 

by October 9, 2020, consistent with 

existing regulations. Updated landings 

information as of October 9, 2020 has 

been considered, and no quotas are 

changed from the proposed rule as a 

result. While this action adjusts certain 

quotas as allowable, it does not establish 

or change the annual baseline 

commercial quotas established under 

the 2006 Consolidated HMS FMP and 

its amendments for any shark 

management group. The baseline quotas 

were established under previous 

actions, and any changes to those 

baseline quotas would be performed 

through a separate action. 

Response to Comments 

NMFS received six written comments 

on the proposed rule from interested 

members of the public. All written 

comments can be found at http://

www.regulations.gov/ by searching for 

NOAA–NMFS–2020–0108–0001. All of 

the comments received are summarized 

below. 

Comment 1: NMFS received four 

comments requesting a reduction in or 

prohibition of all commercial shark 

fishing. One of these comments 

requested that more research be 

conducted on shark stocks, and that 

more international management be 

considered given the migratory nature of 

some of these species. 

Response: These comments are 

outside the scope of this rulemaking 

because the purpose of this rulemaking 

is to adjust certain quotas for the 2021 

shark season based on over- and 

underharvests from the previous years 

and to set opening dates and 

commercial retention limits for the 2021 

shark season. This action does not 

reanalyze the overall management 

measures for sharks, which have been 

analyzed and implemented through 

previous rulemaking processes for the 

2006 Consolidated HMS FMP and its 

amendments. This action also does not 

address international management of 

shark stocks, although we note that the 

United States complies with 

recommendations made by the 

International Commission for the 

Conservation of Atlantic Tunas, the 

Convention on International Trade in 

Endangered Species, and other 

international regional fisheries 

management fora, as appropriate, 

regarding international management of 

relevant shark stocks. 

Comment 2: NMFS received two 

comments supporting the proposed rule. 

Although generally supportive overall, 

one of those comments cautioned 

against allowing carryover of 

underharvest for smoothhound and 

blacktip sharks due to the potential for 

climate change and other environmental 

factors to have impacts on those species. 

Response: With regard to the caution 

against carryover of underharvest, this 

portion of the comment is outside the 

scope of this rulemaking. This action 

carries out and applies quota adjustment 

measures that were previously adopted 

and codified through rulemaking. This 

action does not alter the underlying 

regulations governing the process for 

taking into account over- and 

underharvests from the previous years 

and establishing opening dates and 

commercial retention limits. We note 

that NMFS is considering shark 

management measures regarding the 

carryover of under- and overharvests of 

quotas in Draft Amendment 14 to the 

2006 Consolidated Atlantic Highly 

Migratory Species Fishery Management 

Plan (85 FR 60132; September 24, 2020). 

To provide comments on Draft 

Amendment 14, please see 

www.regulations.gov and search for 

NOAA–NMFS–2019–0040–0009. More 

information can also be found at https:// 

www.fisheries.noaa.gov/action/ 

amendment-14-2006-consolidated-hmsfishery-management-plan-shark-quotamanagement. Comments on Draft 

Amendment 14 can be submitted until 

December 31, 2020. 

Changes From the Proposed Rule 

After considering public comments, 

NMFS is finalizing the rule as proposed, 

without changes regarding the fishing 

season opening dates, retention limits, 

or quota harvest thresholds at which to 

consider adjusting retention limits. 

2021 Annual Quotas 

This final rule adjusts certain 2021 

commercial quotas due to overharvests 

and/or underharvests in 2020 and 

previous fishing years, based on 

landings data received by October 9, 

2020. Underharvest adjustments can 

only be applied to stocks or 

management groups that are not 

overfished, have no overfishing 

occurring, or do not have an unknown 

status. Also, the underharvest 

adjustments cannot exceed 50 percent of 

the base annual quota. The 2021 annual 

quotas are summarized in Table 1 by 

species and management group. At this 

time, NMFS anticipates that landings in 

dealer reports that are received by 

NMFS after October 9, 2020, will be 

accounted for by adjusting certain 2022 

quotas, as appropriate, although such 

landings could also be accounted for in 

2021. A description of the quota 

calculations is provided in the proposed 

rule and is not repeated here. 


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TABLE 1—2021 PROPOSED QUOTAS AND OPENING DATE FOR THE ATLANTIC SHARK MANAGEMENT GROUPS

Region or sub-region Management group 2020 Annual quota Preliminary 2020 

landings 1 Adjustments 2 2021 Base annual quota 

2021 Proposed annual 

quota 

(A) (B) (C) (D) (D + C) 

Western Gulf of Mexico Blacktip Sharks 3 ............................. 347.2 mt dw (765,392 

lb dw).

223.1 mt dw (491,750 

lb dw).

115.7 mt dw (255,131 

lb dw).

231.5 mt dw (510,261 

lb dw).

347.2 mt dw (765,392 

lb dw). 

Aggregated 4 Large Coastal Sharks 72.0 mt dw (158,724 lb 

dw).

81.6 mt dw (179,958 lb 

dw).

...................................... 72.0 mt dw (158,724 lb 

dw).

72.0 mt dw (158,724 lb 

dw). 

Hammerhead Sharks ...................... 11.9 mt dw (26,301 lb 

dw).

<3.6 mt dw (<8,000 lb 

dw).

...................................... 11.9 mt dw (26,301 lb 

dw).

11.9 mt dw (26,301 lb 

dw). 

Eastern Gulf of Mexico Blacktip Sharks 3 ............................. 37.7 mt dw (83,158 lb 

dw).

4.0 mt dw (8,809 lb dw) 12.6 mt dw (27,719 lb 

dw).

25.1 mt dw (55,439 lb 

dw).

37.7 mt dw (83,158 lb 

dw). 

Aggregated Large Coastal Sharks 85.5 mt dw (188,593 lb 

dw).

66.2 mt dw (146,047 lb 

dw).

...................................... 85.5 mt dw (188,593 lb 

dw).

85.5 mt dw (188,593 lb 

dw). 

Hammerhead Sharks ...................... 13.4 mt dw (29,421 lb 

dw).

<3.4 mt dw (<7,500 lb 

dw).

...................................... 13.4 mt dw (29,421 lb 

dw).

13.4 mt dw (29,421 lb 

dw). 

Gulf of Mexico .............. Non-Blacknose Small Coastal 

Sharks.

112.6 mt dw (248,215 

lb dw).

46.3 mt dw (102,034 lb 

dw).

...................................... 112.6 mt dw (248,215 

lb dw).

112.6 mt dw (248,215 

lb dw). 

Smoothhound Sharks ..................... 504.6 mt dw (1,112,441 

lb dw).

1.4 mt dw (3,144 lb dw) 168.2 mt dw (370,814 

lb dw).

336.4 mt dw (741,627 

lb dw).

504.6 mt dw (1,112,441 

lb dw). 

Atlantic ......................... Aggregated Large Coastal Sharks 168.9 mt dw (372,552 

lb dw).

54.7 mt dw (120,663 lb 

dw).

...................................... 168.9 mt dw (372,552 

lb dw).

168.9 mt dw (372,552 

lb dw). 

Hammerhead Sharks ...................... 27.1 mt dw (59,736 lb 

dw).

13.6 mt dw (30,018 lb 

dw).

...................................... 27.1 mt dw (59,736 lb 

dw).

27.1 mt dw (59,736 lb 

dw). 

Non-Blacknose Small Coastal 

Sharks.

264.1 mt dw (582,333 

lb dw).

64.7 mt dw (142,611 lb 

dw).

...................................... 264.1 mt dw (582,333 

lb dw).

264.1 mt dw (582,333 

lb dw). 

Blacknose Sharks (South of 34° N 

lat. only).

17.2 mt dw (37,921 lb 

dw).

4.0 mt dw (8,848 lb dw) ...................................... 17.2 mt dw (37,921 lb 

dw).

17.2 mt dw (37,921 lb 

dw). 

Smoothhound Sharks ..................... 1,802.6 mt dw 

(3,971,587 lb dw).

231.8 mt dw (510,957 

lb dw).

600.9 mt dw (1,323,862 

lb dw).

1,201.7 mt dw 

(2,649,268 lb dw).

1,802.6 mt dw 

(3,971,587 lb dw). 

No regional quotas ....... Non-Sandbar LCS Research .......... 50.0 mt dw (110,230 lb 

dw).

5.3 mt dw (11,792 lb 

dw).

...................................... 50.0 mt dw (110,230 lb 

dw).

50.0 mt dw (110,230 lb 

dw). 

Sandbar Shark Research ............... 90.7 mt dw (199,943 lb 

dw).

<18.1 mt dw (<40,000 

lb dw).

...................................... 90.7 mt dw (199,943 lb 

dw).

90.7 mt dw (199,943 lb 

dw). 

Blue Sharks ..................................... 273.0 mt dw (601,856 

lb dw).

0 mt dw (0 lb dw) ......... ...................................... 273.0 mt dw (601,856 

lb dw).

273.0 mt dw (601,856 

lb dw). 

Porbeagle Sharks ........................... 1.7 mt dw (3,748 lb dw) 0 mt dw (0 lb dw) ......... ...................................... 1.7 mt dw (3,748 lb dw) 1.7 mt dw (3,748 lb 

dw). 

Pelagic Sharks Other Than 

Porbeagle or Blue.

488.0 mt dw (1,075,856 

lb dw).

33.8 mt dw (74,442 lb 

dw).

...................................... 488.0 mt dw (1,075,856 

lb dw).

488.0 mt dw (1,075,856 

lb dw). 

1 Landings are from January 1, 2020, through October 9, 2020, and are subject to change. 

2 Underharvest adjustments can only be applied to stocks or management groups that are not overfished have no overfishing occurring, or do not have an unknown status. Also, the underharvest adjustments cannot exceed 50 percent of the base annual quota. 3This adjustment accounts for the underharvest in 2020. This final rule would increase the overall Gulf of Mexico blacktip shark quota by 128.3 mt dw (282,850 lb dw). Since any underharvest 

would be divided based on the sub-regional quota percentage split, the western Gulf of Mexico blacktip shark quota will be increased by 115.7 mt dw, or 90.2 percent of the quota adjustment, 

while the eastern Gulf of Mexico blacktip shark quota will be increased by 12.6 mt dw, or 9.8 percent of the quota adjustment. 4While there is an overharvest of the western Gulf of Mexico Aggregated LCS sub-regional quota in 2020, the full Gulf of Mexico regional quota has not been filled. Thus, this rule maintains 

the full baseline quota in 2021. 

2021 Atlantic Commercial Shark 

Fishing Year 

After considering the seven ‘‘opening 

commercial fishing season’’ criteria 

listed in § 635.27(b)(3), as described in 

the proposed rule (85 FR 60947; 

September 29, 2020), and after 

considering public comment, this rule 

establishes a January 1, 2021 

commercial shark fishing year start date 

for all management groups in all 

regions. 

Regarding the LCS retention limit, as 

shown in Table 2, directed shark limited 

access permit holders fishing on the 

Gulf of Mexico blacktip shark, 

aggregated LCS, and hammerhead shark 

management groups will start the 

commercial fishing year with a limit of 

45 LCS other than sandbar sharks per 

vessel per trip. Directed shark limited 

access permits fishing on the Atlantic 

aggregated LCS and hammerhead shark 

management groups will start the 

commercial fishing year with a limit of 

36 LCS other than sandbar sharks per 

vessel per trip. These retention limits 

could be changed throughout the year 

based on consideration of the inseason 

trip limit adjustment criteria at 

§ 635.24(a)(8). 

Specifically, in the Atlantic region, 

NMFS will closely monitor the quota at 

the beginning of the year. If it appears 

that the quota is being harvested too 

quickly to allow fishermen throughout 

the entire region the opportunity to fish 

(e.g., if approximately 40 percent of the 

quota is caught at the beginning of the 

year), NMFS will consider reducing the 

commercial retention limit, potentially 

to three LCS other than sandbar sharks 

per vessel per trip. Given the geographic 

distribution and migration patterns of 

the sharks at this time of year (i.e., they 

head north before moving south again 

later in the year), the retention limit 

would be adjusted to ensure there is 

quota available later in the year (see the 

criteria at § 635.24(a)(8)(i), (ii), (v), and 

(vi)). Then, based on prior years’ fishing 

activity, and to allow more consistent 

fishing opportunities later in the year, 

NMFS may consider raising the 

commercial retention limit later in the 

year. Any future increase or decrease in 

a retention limit would depend on a 

review of the inseason trip limit 

adjustment criteria at § 635.24(a)(8). 

All of the shark management groups 

will remain open until December 31, 

2021, or until NMFS determines that the 

landings for any shark management 

group have reached, or are projected to 

reach, 80 percent of the available 

overall, regional, and/or sub-regional 

quota, if the fishery’s landings are not 

also projected to reach 100 percent of 

the applicable quota before the end of 

the season, or when the quota-linked 

management group is closed. For the 

blacktip shark management group, 

regulations at § 635.28(b)(5)(i) through 

(v) authorize NMFS to close the 

management group before landings 

reach or are expected to reach 80 

percent of the available overall, 

regional, and/or sub-regional 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 subregional seasonal distribution, 

abundance, and migratory patterns; 

effects on accomplishing the objectives 

of the 2006 Consolidated Atlantic HMS 

FMP and its amendments; amount of 

remaining shark quotas in the relevant 

sub-region; and regional and/or subregional catch rates of the relevant shark 

species or management groups. 

Additionally, NMFS has previously 


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established non-linked and linked 

quotas; linked quotas are explicitly 

designed to concurrently close multiple 

shark management groups that are 

caught together to prevent incidental 

catch mortality from exceeding the total 

allowable catch. The linked and nonlinked quotas are shown in Table 2. If 

NMFS determines that a shark species 

or management group must be closed, 

then NMFS will publish a notice in the 

Federal Register of closure for that 

shark species, shark management group, 

region, and/or sub-region that will be 

effective no fewer than 4 days from the 

date of filing for public inspection 

(§ 635.28(b)(2) and (3)). From the 

effective date of the notice and time of 

the closure, the fisheries for the shark 

species or management group are 

closed, even across fishing years, until 

NMFS announces, via the publication of 

a notice in the Federal Register, that 

additional quota is available and the 

season is reopened. 

TABLE 2—QUOTA LINKAGES, OPENING DATES, AND COMMERCIAL RETENTION LIMIT BY REGIONAL OR SUB-REGIONAL

SHARK MANAGEMENT GROUP

Region or sub-region Management group Quota linkages Opening dates 

Commercial retention limits for directed shark 

limited access permit holders 

(in season adjustments are available) 

Eastern Gulf of Mexico ..... Blacktip Sharks ............... Not Linked ....................... January 1, 2021 .............. 45 LCS other than sandbar sharks per vessel per 

trip. 

Aggregated Large Coastal Sharks.Linked.

Hammerhead Sharks.

Western Gulf of Mexico .... Blacktip Sharks ............... Not Linked ....................... January 1, 2021 .............. 45 LCS other than sandbar sharks per vessel per 

trip. 

Aggregated Large Coastal Sharks.Linked.

Hammerhead Sharks.

Gulf of Mexico ................... Non-Blacknose Small 

Coastal Sharks.

Not Linked ....................... January 1, 2021 .............. N/A. 

Smoothhound Sharks ..... Not Linked ....................... January 1, 2021 .............. N/A. 

Atlantic .............................. Aggregated Large Coastal Sharks.Linked .............................. January 1, 2021 .............. 36 LCS other than sandbar sharks per vessel per 

trip. 

Hammerhead Sharks ...... ......................................... ......................................... If quota is landed quickly (e.g., if approximately 40 

percent of the quota is caught at the beginning of 

the year), NMFS anticipates considering an 

inseason reduction and later considering an 

inseason increase.1

Non-Blacknose Small 

Coastal Sharks.

Linked (South of 34° N 

lat. only).

January 1, 2021 .............. N/A. 

Blacknose Sharks (South 

of 34° N lat. only).

......................................... ......................................... 8 blacknose sharks per vessel per trip (applies to 

directed and incidental permit holders). 

Smoothhound Sharks ..... Not Linked ....................... January 1, 2021 .............. N/A. 

No regional quotas ............ Non-Sandbar LCS Research.Linked .............................. January 1, 2021 .............. N/A. 

Sandbar Shark Research.

Blue Sharks ..................... Not Linked ....................... January 1, 2021 .............. N/A. 

Porbeagle Sharks.

Pelagic Sharks Other 

Than Porbeagle or 

Blue.

1This action modifies the percent of quota harvested at which it considers adjusting the retention limit. NMFS will consider adjustment to 40 percent to allow fishermen in the Atlantic region to more fully utilize the quota. 

Classification 

The NMFS Assistant Administrator 

has determined that the final rule is 

consistent with the 2006 Consolidated 

HMS FMP and its amendments, other 

provisions of the Magnuson-Stevens 

Act, and other applicable laws. 

Pursuant to 5 U.S.C. 553(d)(3), the 

NMFS Assistant Administrator has 

determined that there is good cause to 

waive the 30-day delay in the date of 

effectiveness for the adjusted quotas and 

opening dates for the pelagic shark, 

shark research, blacknose shark, nonblacknose small coastal shark, and nonsandbar large coastal shark fisheries in 

the Atlantic and Gulf of Mexico regions, 

because such a delay is contrary to the 

public interest. 

A delay in the date of effectiveness for 

this rule would cause negative 

economic and ecological impacts as 

discussed below. Regarding the pelagic 

shark fishery, a delay in the 

effectiveness of the quotas in this rule 

would postpone the start of the 2021 

pelagic shark fishery until 30 days after 

the publication date of this rule. Most 

pelagic shark species are captured 

incidentally in swordfish and tuna 

pelagic longline fisheries that will be 

open in early January. If the quotas in 

this rule are not made effective as close 

to January 1, 2021, as possible, 

fishermen in those fisheries will have to 

discard, dead or alive, any pelagic 

sharks that are caught, while quota is 

technically available to be used for their 

retention. 

Regarding the shark research fishery, 

NMFS selects a small number of 

fishermen to participate in the shark 

research fishery each year for the 

purpose of providing NMFS with 

biological and catch data to inform stock 

assessments and effectively manage the 

Atlantic shark fisheries. All trips in this 

fishery are monitored with 100 percent 

observer coverage. Delaying the opening 

of the shark research fishery would 

prevent NMFS from maintaining the 

data for the monthly time-series of 

wintertime abundance for shark species 

or collecting vital biological and 

regional data during this time of year. 

Not conducting the research trips could 

limit information available for stock 

assessments and, thus, NMFS’ ability to 

properly manage the shark fisheries 

because needed information would not 

be available for stock assessments, 

which would be contrary to the public 

interest. 

Regarding the blacknose shark, nonblacknose small coastal shark, and 

smoothhound shark fisheries, these 


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fisheries have both a directed 

component, where fishermen target 

these shark species, and an incidental 

component, where fishermen target 

other species such as Spanish mackerel 

and bluefish, but may incidentally catch 

these shark species and potentially land 

them. The incidental fishery catches 

small coastal and smoothhound sharks 

throughout the year. Delaying this 

action for 30 days would force all 

fishermen to discard, dead or alive, any 

small coastal and smoothhound sharks 

that would be caught before this rule 

becomes effective. Opening the fishery 

as close to January 1, 2021, as possible 

ensures that any mortality associated 

with landings is counted against the 

commercial quota in real-time. 

Additionally, a month-long delay in 

opening the small coastal shark and 

smoothhound shark fisheries would 

occur during the time period when 

fishermen typically target these shark 

species, resulting in fishermen 

experiencing negative economic 

impacts, which would be contrary to the 

public interest. 

Regarding the non-sandbar large 

coastal shark fishery in the Atlantic and 

Gulf of Mexico region, opening on 

January 1, 2021, would allow south 

Atlantic fishermen to have a winter 

fishery and to potentially benefit from a 

better price per pound, given the 

geographic distribution of the sharks at 

this time of year. Delaying the opening 

of the non-sandbar large coastal shark 

fishery in the Atlantic and Gulf of 

Mexico region for an additional 30 days 

would have negative economic impacts 

on fishermen because they would not be 

able to fish for that period. Additionally, 

many of the primary species targeted in 

the non-sandbar large coastal shark 

fisheries are locally available in the 

southern portion of the Atlantic region 

in January and a 30-day delay would 

cause fishermen to miss fishing 

opportunities, and the associated 

revenue. Therefore, delaying this action 

for 30 days is contrary to the public 

interest. 

For the reasons described above, the 

Assistant Administrator finds good 

cause to waive the 30-day delay in the 

date of effectiveness of the quotas and 

opening dates for the pelagic shark, 

shark research, blacknose shark, nonblacknose small coastal shark, 

smoothhound shark, and non-sandbar 

large coastal shark fisheries in the 

Atlantic and Gulf of Mexico regions. 

These final specifications are exempt 

from review under Executive Order 

12866. 

In compliance with section 604 of the 

Regulatory Flexibility Act (RFA), NMFS 

prepared a Final Regulatory Flexibility 

Analysis (FRFA) for this final rule. The 

FRFA analyzes the anticipated 

economic impacts of the final actions 

and any significant economic impacts 

on small entities. The FRFA is below. 

Section 604(a)(1) of the RFA requires 

an explanation of the purpose of the 

rulemaking. The purpose of this final 

rule is, consistent with the MagnusonStevens Act and the 2006 Consolidated 

HMS FMP and its amendments, to 

establish the 2021 Atlantic commercial 

shark adjusted fishing quotas, retention 

limits, and fishing seasons. Without this 

rule, the Atlantic commercial shark 

fisheries would close on December 31, 

2020, and would not reopen until 

appropriate action was taken. While 

there may be some direct negative 

economic impacts associated with the 

opening dates for fishermen in certain 

northern Atlantic areas, given the 

geographic distribution and migration 

patterns of the sharks at this time of year 

(i.e., they head north before moving 

south again later in the year), there 

could also be positive effects for other 

fishermen in the south Atlantic region. 

The opening dates were chosen to allow 

for an equitable distribution of the 

available quotas among all fishermen 

across regions and states, to the extent 

practicable. 

Section 604(a)(2) of the RFA requires 

NMFS to summarize significant issues 

raised by the public in response to the 

Initial Regulatory Flexibility Analysis 

(IRFA), provide a summary of NMFS’ 

assessment of such issues, and provide 

a statement of any changes made as a 

result of the comments. The IRFA was 

completed as part of the proposed rule 

for the 2021 Atlantic Commercial Shark 

Season Specifications. NMFS did not 

receive any comments specific to the 

IRFA. 

Section 604(a)(3) of the RFA requires 

NMFS to the respond to any comments 

filed by the Chief Counsel for Advocacy 

of the Small Business Administration 

(SBA) in response to the proposed rule 

and provide a detailed statement of any 

change made to the proposed rule as a 

result of the comments. NMFS did not 

receive any comments from the Chief 

Counsel for Advocacy of the SBA on the 

proposed rule. 

Section 604(a)(4) of the RFA requires 

NMFS to provide an estimate of the 

number of small entities to which the 

rule would apply. The SBA has 

established size criteria for all major 

industry sectors in the United States, 

including fish harvesters. Provision is 

made under SBA’s regulations for an 

agency to develop its own industryspecific size standards after consultation 

with SBA and an opportunity for public 

comment (see 13 CFR 121.903(c)). 

Under this provision, NMFS may 

establish size standards that differ from 

those established by the SBA Office of 

Size Standards, but only for use by 

NMFS and only for the purpose of 

conducting an analysis of economic 

effects in fulfillment of the agency’s 

obligations under the RFA. To utilize 

this provision, NMFS must publish such 

size standards in the Federal Register, 

which NMFS did on December 29, 2015 

(80 FR 81194; 50 CFR 200.2). In that 

final rule effective on July 1, 2016, 

NMFS 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. 

NMFS considers all HMS permit 

holders to be small entities because they 

had average annual receipts of less than 

$11 million for commercial fishing. 

As of October 2020, the final rule 

would apply to the approximately 214 

directed commercial shark permit 

holders, 256 incidental commercial 

shark permit holders, 163 smoothhound 

shark permit holders, and 93 

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 470 

directed and incidental commercial 

shark permit holders, only 18 permit 

holders landed sharks in the Gulf of 

Mexico region and only 74 landed 

sharks in the Atlantic region. Of the 163 

smoothhound shark permit holders, 

only 65 permit holders landed 

smoothhound sharks in the Atlantic 

region and fewer than 4 landed 

smoothhound sharks in the Gulf of 

Mexico region. NMFS has determined 

that the final rule would not likely affect 

any small governmental jurisdictions. 

Section 604(a)(5) of the RFA requires 

NMFS to describe the projected 

reporting, recordkeeping, and other 

compliance requirements of the final 

rule, including an estimate of the classes 

of small entities which would be subject 

to the requirements of the report or 

record. None of the actions in this final 

rule would result in additional 

reporting, recordkeeping, or compliance 

requirements beyond those already 

analyzed in the 2006 Consolidated HMS 

FMP and its amendments. 

Section 604(a)(6) of the RFA requires 

NMFS to describe the steps taken to 

minimize the economic impact on small 

entities, consistent with the stated 

objectives of applicable statutes. This 

rulemaking does not establish new 

management measures to be 

implemented, but rather implements 


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77012 Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Rules and Regulations 

previously adopted and analyzed 

measures as adjustments within a range 

of previously-authorized activities, as 

specified in the 2006 Consolidated HMS 

FMP and its amendments and the 

Environmental Assessment (EA) for the 

2011 shark quota specifications rule (75 

FR 76302; December 8, 2010). Thus, in 

this rulemaking, NMFS adjusted certain 

baseline quotas established and 

analyzed in the 2006 Consolidated HMS 

FMP and its amendments by subtracting 

the underharvest or adding the 

overharvest, as specified and allowable 

in existing regulations. Under current 

regulations (§ 635.27(b)(2)), all shark 

fisheries close on December 31 of each 

year, or when NMFS determines that the 

landings for any shark management 

group has reached, or is projected to 

reach, 80 percent of the available 

overall, regional, and/or sub-regional 

quota if the fishery’s landings are not 

projected to reach 100 percent of the 

applicable quota before the end of the 

season, or when the quota-linked 

management group is closed. The 

fisheries do not open until NMFS takes 

action, such as this rulemaking, to reopen the fisheries. Thus, not 

implementing these management 

measures would negatively affect shark 

fishermen and related small entities, 

such as dealers, and also would not 

provide management flexibility in 

furtherance of equitable fishing 

opportunities, to the extent practicable, 

for commercial shark fishermen in all 

regions and areas. 

Based on the 2019 ex-vessel meat and 

fin prices (Table 3), fully harvesting the 

unadjusted 2021 Atlantic shark 

commercial base quotas could result in 

total fleet revenues of $9,997,263. For 

the Gulf of Mexico blacktip shark 

management group, NMFS will increase 

the baseline sub-regional quotas due to 

the underharvests in 2020. The increase 

for the western Gulf of Mexico blacktip 

shark management group could result in 

a $241,691 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 $27,645 gain in total revenues 

for fishermen in that sub-region. For the 

Gulf of Mexico and Atlantic 

smoothhound shark management 

groups, NMFS will increase the baseline 

quotas due to the underharvest in 2020. 

This would cause a potential gain in 

revenue of $403,475 for the fleet in the 

Gulf of Mexico region and a potential 

gain in revenue of $1,112,680 for the 

fleet in the Atlantic region. 

All of these changes in gross revenues 

are similar to the changes in gross 

revenues analyzed in the 2006 

Consolidated HMS FMP and its 

amendments. The FRFAs for those 

amendments concluded that the 

economic impacts on these small 

entities are expected to be minimal. In 

the 2006 Consolidated HMS FMP and 

its amendments and the EA for the 2011 

shark quota specifications rule, NMFS 

stated it would be conducting annual 

rulemakings and considering the 

potential economic impacts of adjusting 

the quotas for under- and overharvests 

at that time. 

TABLE 3—AVERAGE EX-VESSEL PRICES PER lb dw FOR EACH SHARK MANAGEMENT GROUP, 2019 

Region Species 

Average 

ex-vessel 

meat price 

Average 

ex-vessel 

fin price 

Western Gulf of Mexico ............................... Blacktip Shark ................................................................................ $0.70 $9.16 

Aggregated LCS ............................................................................ 0.73 15.81 

Hammerhead Shark ....................................................................... 0.52 12.00 

Eastern Gulf of Mexico ............................... Blacktip Shark ................................................................................ 0.75 8.00 

Aggregated LCS ............................................................................ 0.56 12.00 

Hammerhead Shark ....................................................................... 0.50 13.43 

Gulf of Mexico ............................................. Non-Blacknose SCS ...................................................................... 0.59 5.81 

Smoothhound Shark ...................................................................... 1.06 ........................

Atlantic ......................................................... Aggregated LCS ............................................................................ 0.99 3.51 

Hammerhead Shark ....................................................................... 0.46 ........................

Non-Blacknose SCS ...................................................................... 1.02 4.60 

Blacknose Shark ............................................................................ 1.27 ........................

Smoothhound Shark ...................................................................... 0.78 1.68 

No Region ................................................... Shark Research Fishery (Aggregated LCS) .................................. 0.86 15.15 

Shark Research Fishery (Sandbar only) ....................................... 0.68 ........................

Blue shark ...................................................................................... ........................ ........................

Porbeagle shark ............................................................................. 0.36 2.51 

Other Pelagic sharks ..................................................................... 1.35 7.60 

For this final rule, NMFS reviewed 

the ‘‘opening commercial fishing 

season’’ criteria at § 635.27(b)(3)(i) 

through (vii) to determine when 

opening each fishery will provide 

equitable opportunities for fishermen, to 

the extent practicable, while also 

considering the ecological needs of the 

different species. The 2020 fishing year 

and previous years’ over- and/or 

underharvests were examined for the 

different species/complexes to 

determine the effects of the 2021 final 

quotas on fishermen across regional 

fishing areas. NMFS examined season 

lengths and previous catch rates to 

ensure equitable fishing opportunities 

for fishermen. Lastly, NMFS examined 

the seasonal variation of the different 

species/complexes and the effects on 

fishing opportunities. In addition to 

these criteria, NMFS also considered 

updated landings data and public 

comment on the proposed rule before 

arriving at the final opening dates for 

the 2021 Atlantic shark management 

groups. For the 2021 fishing year, NMFS 

is opening the shark management 

groups on January 1, 2021. The direct 

economic impacts will be neutral on a 

short- and long-term basis for the Gulf 

of Mexico blacktip shark, Gulf of 

Mexico aggregated LCS, Gulf of Mexico 

hammerhead shark, Gulf of Mexico nonblacknose shark SCS, Gulf of Mexico 

and Atlantic smoothhound shark, 

Atlantic non-blacknose shark SCS, 

Atlantic blacknose shark, sandbar shark, 

blue shark, porbeagle shark, and pelagic 

shark (other than porbeagle or blue 

sharks) management groups, because 

NMFS did not change the opening dates 

of these fisheries from the status quo of 

January 1. 

Opening the aggregated LCS and 

hammerhead shark management groups 

in the Atlantic region on January 1 will 

result in short-term, direct, moderate, 


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Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Rules and Regulations 77013 

beneficial economic impacts, as 

fishermen and dealers in the southern 

portion of the Atlantic region will be 

able to fish for and sell aggregated LCS 

and hammerhead sharks starting in 

January. The opening date finalized in 

this rule for the Atlantic region has been 

the same or similar to those since 2016. 

Based on past public comments, some 

Atlantic fishermen in the southern and 

northern parts of the region prefer a 

January 1 opening for the fishery as long 

as the majority of the quota is available 

later in the year. Along with the 

inseason retention limit adjustment 

criteria in § 635.24(a)(8), NMFS 

monitors the quota through the HMS 

electronic reporting system on a realtime basis. This allows NMFS the 

flexibility to further provide equitable 

fishing opportunities for fishermen 

across all regions, to the extent 

practicable. The direct impacts to shark 

fishermen in the Atlantic region of 

reducing the retention limit depend on 

the needed reduction in the retention 

limit and the timing of such a reduction. 

Therefore, such a reduction in the 

retention limit for directed shark limited 

access permit holders is only 

anticipated to have minor adverse direct 

economic impacts to fishermen in the 

short-term; long-term impacts are not 

anticipated as these reductions would 

not be permanent. 

In the northern portion of the Atlantic 

region, a January 1 opening for the 

aggregated LCS and hammerhead shark 

management groups, with inseason trip 

limit adjustments to ensure quota is 

available later in the season, will have 

direct, minor, beneficial economic 

impacts in the short-term for fishermen 

as they will potentially have access to 

the aggregated LCS and hammerhead 

shark quotas earlier than in past 

seasons. Fishermen in this area have 

stated that, depending on the weather, 

some aggregated LCS species might be 

available to retain in January. Thus, 

fishermen will be able to target or retain 

aggregated LCS while targeting nonblacknose SCS. In addition, opening the 

aggregated LCS and hammerhead shark 

management groups in January and 

using inseason trip limit adjustments to 

ensure the fishery is open later in the 

year in 2021 will cause beneficial 

cumulative economic impacts, because 

the action allows for a more equitable 

distribution of the quotas among 

constituents in this region, consistent 

with the 2006 Consolidated HMS FMP 

and its amendments. 

This rule does not contain a 

collection-of-information requirement 

subject to the Paperwork Reduction Act. 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that, for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the rule, and shall designate such 

publications as ‘‘small entity 

compliance guides.’’ The agency shall 

explain the actions a small entity is 

required to take to comply with a rule 

or group of rules. As part of this 

rulemaking process, NMFS has prepared 

a listserv summarizing fishery 

information and regulations for Atlantic 

shark fisheries for 2021. This listserv 

also serves as the small entity 

compliance guide. Copies of the 

compliance guide are available from 

NMFS (see ADDRESSES). 

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

1801 et seq. 

Dated: November 24, 2020. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2020–26341 Filed 11–30–20; 8:45 am] 

BILLING CODE 3510–22–P 


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