[Federal Register Volume 88, Number 215 (Wednesday, November 8, 2023)]
[Rules and Regulations]
[Pages 77039-77043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24307]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 231030-0254]
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: Final rule.

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SUMMARY: This final rule adjusts the quotas and retention limits and 
establishes the opening date for the 2024 fishing year for the Atlantic 
shark commercial fisheries. NMFS also changes the management measures 
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 increases the default commercial 
retention limit for the large coastal shark (LCS) fisheries. Quotas are 
adjusted as required or allowable based on any underharvests from the 
previous fishing years. The final measures could affect fishing 
opportunities for commercial shark fishermen in the northwestern 
Atlantic Ocean, Gulf of Mexico, and Caribbean Sea.

DATES: This final rule is effective on January 1, 2024. The 2024 
Atlantic shark commercial fishing year opens on January 1, 2024 for all 
species and regions.

ADDRESSES: Electronic copies of this final rule and supporting 
documents (including the annual Atlantic Highly Migratory Species (HMS) 
Stock Assessment and Fishery Evaluation Report) are available from the 
Atlantic HMS Management Division website at https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species or by 
contacting Ann Williamson at <a href="/cdn-cgi/l/email-protection#68090606461f0104040109051b07062806070909460f071e"><span class="__cf_email__" data-cfemail="8beae5e5a5fce2e7e7e2eae6f8e4e5cbe5e4eaeaa5ece4fd">[email protected]</span></a> or 301-427-8503.

FOR FURTHER INFORMATION CONTACT: Ann Williamson 
(<a href="/cdn-cgi/l/email-protection#24454a4a0a534d48484d4549574b4a644a4b45450a434b52"><span class="__cf_email__" data-cfemail="28494646065f4144444149455b47466846474949064f475e">[email protected]</span></a>), Guy DuBeck (<a href="/cdn-cgi/l/email-protection#abccded285cfdec9cec8c0ebc5c4caca85ccc4dd"><span class="__cf_email__" data-cfemail="4b2c3e32652f3e292e28200b25242a2a652c243d">[email protected]</span></a>), or Karyl 
Brewster-Geisz (<a href="/cdn-cgi/l/email-protection#b5ded4c7ccd99bd7c7d0c2c6c1d0c798d2d0dcc6cff5dbdad4d49bd2dac3"><span class="__cf_email__" data-cfemail="e982889b9085c78b9b8c9e9a9d8c9bc48e8c809a93a987868888c78e869f">[email protected]</span></a>) 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

[[Page 77040]]

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, 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.
    Background information about the need to adjust the quotas and 
retention limits and establish the opening date for the 2024 and future 
fishing years for the Atlantic commercial shark fisheries was provided 
in the proposed rule (88 FR 50822, August 2, 2023) and is not repeated 
here. The comment period for the proposed rule closed on September 1, 
2023. NMFS received two written comments. Summaries of the comments 
received, and our responses to those comments, are in the Response to 
Comments section. Similar comments are combined, where appropriate. 
After reviewing and considering all the public comments received on the 
proposed rule, NMFS is finalizing the rule as proposed.

Final Opening Date and Retention Limit Measures

    After considering the ``Opening Commercial Fishing Season 
Criteria'' listed at Sec.  635.27(b)(3), and ``Inseason Trip Limit 
Adjustment Criteria'' listed at Sec.  635.24(a)(8), NMFS is opening the 
2024 Atlantic commercial shark fishing season for all shark management 
groups in the northwestern Atlantic Ocean, including the Gulf of Mexico 
and Caribbean Sea, on January 1, 2024. NMFS is also starting the 2024 
commercial shark fishing season with the commercial retention limit of 
55 LCS other than sandbar sharks per vessel per trip in both the 
eastern and western Gulf of Mexico sub-regions as well as in the 
Atlantic region (Table 1). 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 Sec.  635.24(a)(8)).
    Additionally, NMFS revises the regulations for 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, NMFS revises 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. NMFS maintains the 
flexibility to prevent a regional or sub-regional shark management 
group from automatically opening on January 1 if the respective quota 
is overharvested or there are 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). 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.
    Regarding the default retention limit, NMFS revises the regulations 
at Sec.  635.24(a) to change the default commercial retention limit to 
55 LCS other than sandbar sharks per vessel per trip for Shark Directed 
limited access permit holders. NMFS does 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).
    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. 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, 80 percent of the quota after considering the 
criteria and other relevant factors. NMFS manages each Atlantic shark 
management group by using a specific commercial annual catch limit, 
with some linkages among shark management groups whose species are 
often caught together. The linked and non-linked quotas are shown in 
Table 1.
    If NMFS determines that shark species and/or management group must 
be closed, then NMFS will publish in the Federal Register a notice of 
closure for that shark species, 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. 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 the shark species and/or management groups will be 
closed.

    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
                                                                                          sandbar sharks per
                                                                                          vessel per trip.
                                       Aggregated LCS.........  Linked.................
                                       Hammerhead Sharks......
Eastern Gulf of Mexico...............  Blacktip Sharks........  Not Linked.............  55 LCS other than
                                                                                          sandbar sharks per
                                                                                          vessel per trip.
                                       Aggregated LCS.........  Linked.................

[[Page 77041]]

 
                                       Hammerhead Sharks......
Gulf of Mexico.......................  Non-Blacknose SCS......  Not Linked.............  N/A.
                                       Smoothhound Sharks.....  Not Linked.............  N/A.
Atlantic.............................  Aggregated LCS.........  Linked.................  55 LCS other than
                                                                                          sandbar sharks per
                                                                                          vessel per trip.
                                       Hammerhead Sharks......
                                       Non-Blacknose SCS......  Linked (South of         N/A.
                                                                 34[deg] N lat. Only).
                                       Blacknose Sharks.......  .......................  8 blacknose sharks per
                                       (South of 34[deg] N                                vessel per trip \3\.
                                        lat. 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.

Final 2024 Commercial Shark Quotas

    In this final rule, NMFS adjusts 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 maximum of 5 fishing years. 
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 through September 18, 2023, and after 
considering catch rates and landings from previous years, NMFS adjusts 
the 2024 quotas for certain management groups as shown in Table 2. NMFS 
anticipates that dealer reports received after September 18, 2023 will 
be used to adjust 2025 quotas, as appropriate, noting that, in some 
circumstances, NMFS re-adjusts quotas during the subject year. A 
description of the calculations for each stock and management group is 
provided in the proposed rule and is not repeated here.

                                              Table 2--2024 Quotas for the Atlantic Shark Management Groups
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Preliminary 2023                        2024 Base annual    2024 Final annual
      Region or sub-region         Management group    2023 Annual quota     landings \1\       Adjustments \2\          quota               quota
                                  (A)...............  (B)...............  (C)...............  (D)...............  (D+C).............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Western Gulf of Mexico..........  Blacktip Sharks...  347.2 mt (765,392   235.5 mt (519,232   115.7 mt (225,131   231.5 mt (510,261   347.2 mt (765,392
                                                       lb).                lb).                lb).                lb).                lb).
                                  Aggregate Large     72.0 mt (158,724    77.8 mt (171,540    ..................  72.0 mt (158,724    72.0 mt (158,724
                                   Coastal Sharks      lb).                lb).                                    lb).                lb).
                                   \3\.
                                  Hammerhead Sharks.  11.9 mt (26,301     <3.0 mt (<6,612     ..................  11.9 mt (26,301     11.9 mt (26,301
                                                       lb).                lb).                                    lb).                lb).
Eastern Gulf of Mexico..........  Blacktip Sharks...  37.7 mt (83,158     3.8 mt (8,345 lb).  12.6 mt (27,719     25.1 mt (55,439     37.7 mt (83,158
                                                       lb).                                    lb).                lb).                lb).
                                  Aggregate Large     85.5 mt (188,593    5.6 mt (12,260 lb)  ..................  85.5 mt (188,593    85.5 mt (188,593
                                   Coastal Sharks      lb).                                                        lb).                lb).
                                   \3\.
                                  Hammerhead Sharks.  13.4 mt (29,421     <1.0 mt (<2,204     ..................  13.4 mt (29,421     13.4 mt (29,421
                                                       lb).                lb).                                    lb).                lb).
Gulf of Mexico..................  Non-Blacknose       112.6 mt (428,215   32.7 mt (71,987     ..................  112.6 mt (428,215   112.6 mt (428,215
                                   Small Coastal       lb).                lb).                                    lb).                lb).
                                   Sharks.
                                  Smoothhound Sharks  504.6 mt            <1.0 mt (<2,204     168.2 mt (370,814   336.4 mt (741,627   504.6 mt
                                                       (1,112,441 lb).     lb).                lb).                lb).                (1,112,441 lb).
Atlantic........................  Aggregate Large     168.9 mt (372,552   78.5 mt (172,983    ..................  168.9 mt (372,552   168.9 mt (372,552
                                   Coastal Sharks.     lb).                lb).                                    lb).                lb).
                                  Hammerhead Sharks.  27.1 mt (59,736     19.9 mt (43,800     ..................  27.1 mt (59,736     27.1 mt (59,736
                                                       lb).                lb).                                    lb).                lb).
                                  Non-Blacknose       264.1 mt (582,333   52.5 mt (115,820    ..................  264.1 mt (582,333   264.1 mt (582,333
                                   Small Coastal       lb).                lb).                                    lb).                lb).
                                   Sharks.
                                  Blacknose Sharks    17.2 mt (3,921 lb)  4.7 mt (10,363 lb)  ..................  17.2 mt (3,921 lb)  17.2 mt (3,921
                                   (South of 34[deg]                                                                                   lb).
                                   N lat. Only).
                                  Smoothhound Sharks  1,802.6 mt          290.6 mt (640,557   600.9 mt            1,201.7 mt          1,802.6 mt
                                                       (3,973,902 lb).     lb).                (1,324,634 lb).     (2,649,268 lb).     (3,973,902 lb).
No Regional Quotas..............  Non-Sandbar LCS     50.0 mt (110,230    <2.0 mt (<4,408     ..................  50.0 mt (110,230    50.0 mt (110,230
                                   Research.           lb).                lb).                                    lb).                lb).
                                  Sandbar Shark       90.7 mt (199,943    <22.0 mt (<48,500   ..................  90.7 mt (199,943    90.7 mt (199,943
                                   Research.           lb).                lb).                                    lb).                lb).
                                  Blue Sharks.......  273.0 mt (601,856   <2.0 mt (<4,408     ..................  273.0 mt (601,856   273.0 mt (601,856
                                                       lb).                lb).                                    lb).                lb).
                                  Porbeagle Sharks..  1.7 mt (3,748 lb).  <1.0 mt (<2,204     ..................  1.7 mt (3,748 lb).  1.7 mt (3,748 lb).
                                                                           lb).

[[Page 77042]]

 
                                  Pelagic Sharks      488.0 mt            15.5 mt (34,131     ..................  488.0 mt            488.0 mt
                                   Other Than          (1,075,856 lb).     lb).                                    (1,075,856 lb).     (1,075,856 lb).
                                   Porbeagle or Blue.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Landings are from January 1, 2023 through September 18, 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).

Response to Comments

    Written comments can be found at http://www.regulations.gov/ by 
searching ``NOAA-NMFS-2023-0018.'' Below, NMFS summarizes and responds 
to the two written comments received on the proposed rule during the 
comment period. Similar comments are combined, where appropriate.
    Comment: NMFS received two comments that requested a prohibition on 
all shark fishing, expressing concern over the stock status of Atlantic 
shark species. Specifically, one of the comments stated that commercial 
harvest of sharks is not sustainable, and commercial shark fishing 
should be prohibited until shark populations have recovered.
    Response: NMFS disagrees with the statement that commercial harvest 
of sharks is not sustainable. Under the Magnuson-Stevens Act, NMFS is 
required to foster the long-term biological and economic sustainability 
of fisheries, including the shark fishery. The majority of sharks 
harvested in the United States are from stocks with above-target 
population levels. For shark stocks that are overfished, NMFS has 
established rebuilding plans based on the best scientific information 
available. Most of these rebuilding plans include some level of 
commercial harvest. For those shark stocks that are experiencing 
overfishing, NMFS has implemented management measures, which may 
include strict catch limits, to end overfishing. The primary objective 
of this final rule is to adjust the base quotas and retention limits as 
necessary and consistent with existing regulations at Sec. Sec.  
635.24(a) and 635.27(b), and to change the default opening date for all 
Atlantic shark fisheries and the default retention limit measures for 
LCS fisheries for future fishing years. Prohibiting all shark fishing 
is contrary to that objective and to the requirements of the Magnuson-
Stevens Act.

Classification

    The NMFS Assistant Administrator has determined that this final 
rule is consistent with the 2006 Consolidated HMS FMP and its 
amendments, the Magnuson-Stevens Act, and other applicable law.
    This final 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 during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a final regulatory 
flexibility analysis was not required and none was prepared.
    This final 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, 
Treaties.

    Dated: October 31, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 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 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

[[Page 77043]]

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 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 publication 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 both of the 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 publication 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. 2023-24307 Filed 11-7-23; 8:45 am]
BILLING CODE 3510-22-P


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