Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Rules and Regulations 77039 

their State or Tribal plan that are 

consistent with this rule, provided that 

the State or Tribe has a wolf 

management plan approved by the 

Service. 

(i) The State or Tribal request for wolf 

management under an MOA must 

demonstrate: 

(A) That authority and management 

capability reside in the State or Tribe to 

conserve the gray wolf throughout the 

geographical range of the experimental 

population within the State of Colorado 

or within the Tribal reservation; 

(B) That the State or Tribe has an 

acceptable conservation program for the 

gray wolf, throughout the NEP area 

within the State or Tribal reservation, 

including the requisite authority and 

capacity to carry out that conservation 

program; 

(C) Exactly what parts of the State or 

Tribal plan the State or Tribe intends to 

implement within the framework of this 

rule; and 

(D) That the State or Tribal 

management progress will be reported 

to the Service on at least an annual basis 

so the Service can determine if State or 

Tribal management was conducted in 

full compliance with this rule. 

(ii) The Service will approve such a 

request upon a finding that the 

applicable criteria are met and that 

approval is not likely to jeopardize the 

continued existence of the gray wolf. 

(iii) If the Service approves the 

request, the Service will enter into an 

MOA with the State or Tribe. 

(iv) An MOA for State or Tribal 

management as provided in this rule 

may allow the State of Colorado or any 

Tribe within the State to become 

designated agents and lead management 

of the nonessential experimental gray 

wolf population within the borders of 

their jurisdictions in accordance with 

the State’s or Tribe’s wolf management 

plan, except that: 

(A) The MOA may not provide for any 

form of management inconsistent with 

the protection provided to the species 

under this rule, without further 

opportunity for appropriate public 

comment and review and amendment of 

this rule. 

(B) The MOA cannot vest the State of 

Colorado or any Tribe within the State 

with any authority over matters 

concerning section 4 of the Act 

(determining whether a species warrants 

listing). 

(C) In the absence of a Tribal wolf 

management plan or cooperative 

agreement, the MOA cannot vest the 

State of Colorado with the authority to 

issue written authorizations for wolf 

take on reservations. The Service will 

retain the authority to issue these 

written authorizations until a Tribal 

wolf management plan is developed. 

(D) The MOA for State or Tribal wolf 

management must provide for joint law 

enforcement responsibilities to ensure 

that the Service also has the authority to 

enforce the State or Tribal management 

program prohibitions on take. 

(E) The MOA may not authorize wolf 

take beyond that stated in the rule but 

may be more restrictive. 

(v) The authority for the MOA will be 

the Act, the Fish and Wildlife Act of 

1956 (16 U.S.C. 742a–742j), and the Fish 

and Wildlife Coordination Act (16 

U.S.C. 661–667e), and any applicable 

treaty. 

(vi) In order for the MOA to remain 

in effect, the Service must find, on an 

annual basis, that the management 

under the MOA is not jeopardizing the 

continued existence of the gray wolf in 

the NEP. The Service or State or Tribe 

may terminate the MOA upon 90 days’ 

notice if: 

(A) Management under the MOA is 

likely to jeopardize the continued 

existence of the gray wolf in the NEP; 

(B) The State or Tribe has failed 

materially to comply with this rule, the 

MOA, or any relevant provision of the 

State or Tribal wolf management plan; 

(C) The Service determines that 

biological circumstances within the 

range of the gray wolf indicate that 

delisting the species is warranted; or 

(D) The States or Tribes determine 

that they no longer want the wolf 

management authority vested in them 

by the Service in the MOA. 

* * * * * 

Stephen Guertin, 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. 2023–24514 Filed 11–7–23; 8:45 am] 

BILLING CODE 4333–15–P 

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. 

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 

ann.williamson@noaa.gov or 301–427– 

8503. 

FOR FURTHER INFORMATION CONTACT: Ann 

Williamson (ann.williamson@noaa.gov), 

Guy DuBeck (guy.dubeck@noaa.gov), or 

Karyl Brewster-Geisz (karyl.brewstergeisz@noaa.gov) at 301–427–8503. 

SUPPLEMENTARY INFORMATION: 

Background 

Atlantic shark fisheries are managed 

under the authority of the MagnusonStevens 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 

§§ 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 


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and management groups, and 

adjustment procedures for 

underharvests and overharvests. 

Regulations also include provisions 

allowing flexible opening dates for the 

fishing year (§ 635.27(b)(3)) and 

inseason adjustments to shark trip limits 

(§ 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, § 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 

(§ 635.28(b)(3)). Lastly, pursuant to 

§ 635.27(b)(2), any annual or inseason 

adjustments to the base annual 

commercial overall, regional, or subregional 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 § 635.27(b)(3), and ‘‘Inseason 

Trip Limit Adjustment Criteria’’ listed at 

§ 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 

§ 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 

§ 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 subregional 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 subregional 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 § 635.27(b)(3). Each year, 

during the fishing year, NMFS would 

follow the quota adjustment process 

specified in § 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 

§ 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 §§ 635.27 and 635.28, and 

after considering the seven ‘‘Inseason 

Trip Limit Adjustment’’ criteria at 

§ 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 § 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

Region or sub-region Management group Quota linkages 1 Commercial retention limits for directed 

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.


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TABLE 1—QUOTA LINKAGES AND COMMERCIAL RETENTION LIMIT BY REGIONAL OR SUB-REGIONAL SHARK MANAGEMENT

GROUP—Continued 

Region or sub-region Management group Quota linkages 1 Commercial retention limits for directed 

shark limited access permit holders 2

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 34° N lat. Only) N/A. 

Blacknose Sharks .....................................

(South of 34° N lat. Only) .........................

...................................................... 8 blacknose sharks per vessel per trip 3. 

Smoothhound Sharks ............................... Not Linked ................................... N/A. 

No Regional Quotas ................................. Non-Sandbar LCS Research .................... Linked 4 ........................................ N/A. 

Sandbar Shark Research.

Blue Sharks .............................................. Not Linked ................................... N/A. 

Porbeagle Sharks.

Pelagic Sharks Other Than Porbeagle or 

Blue.

1Section 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 

(§ 635.28(b)(3)). 2 Inseason adjustments are possible. 

3Applies to Shark Directed and Shark Incidental permit holders. 

4Shark 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 

§ 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

Region or sub-region Management group 2023 Annual quota Preliminary 2023 

landings 1 Adjustments 2 2024 Base annual quota 

2024 Final annual 

quota 

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

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

lb).

235.5 mt (519,232 

lb).

115.7 mt (225,131 

lb).

231.5 mt (510,261 

lb).

347.2 mt (765,392 

lb). 

Aggregate Large 

Coastal Sharks 3.

72.0 mt (158,724 lb) 77.8 mt (171,540 lb) .................................. 72.0 mt (158,724 lb) 72.0 mt (158,724 lb). 

Hammerhead Sharks 11.9 mt (26,301 lb) .. <3.0 mt (<6,612 lb) .. .................................. 11.9 mt (26,301 lb) .. 11.9 mt (26,301 lb). 

Eastern Gulf of Mexico Blacktip Sharks ........ 37.7 mt (83,158 lb) .. 3.8 mt (8,345 lb) ...... 12.6 mt (27,719 lb) .. 25.1 mt (55,439 lb) .. 37.7 mt (83,158 lb). 

Aggregate Large 

Coastal Sharks 3.

85.5 mt (188,593 lb) 5.6 mt (12,260 lb) .... .................................. 85.5 mt (188,593 lb) 85.5 mt (188,593 lb). 

Hammerhead Sharks 13.4 mt (29,421 lb) .. <1.0 mt (<2,204 lb) .. .................................. 13.4 mt (29,421 lb) .. 13.4 mt (29,421 lb). 

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

Coastal Sharks.

112.6 mt (428,215 

lb).

32.7 mt (71,987 lb) .. .................................. 112.6 mt (428,215 

lb).

112.6 mt (428,215 

lb). 

Smoothhound 

Sharks.

504.6 mt (1,112,441 

lb).

<1.0 mt (<2,204 lb) .. 168.2 mt (370,814 

lb).

336.4 mt (741,627 

lb).

504.6 mt (1,112,441 

lb). 

Atlantic ........................ Aggregate Large 

Coastal Sharks.

168.9 mt (372,552 

lb).

78.5 mt (172,983 lb) .................................. 168.9 mt (372,552 

lb).

168.9 mt (372,552 

lb). 

Hammerhead Sharks 27.1 mt (59,736 lb) .. 19.9 mt (43,800 lb) .. .................................. 27.1 mt (59,736 lb) .. 27.1 mt (59,736 lb). 

Non-Blacknose Small 

Coastal Sharks.

264.1 mt (582,333 

lb).

52.5 mt (115,820 lb) .................................. 264.1 mt (582,333 

lb).

264.1 mt (582,333 

lb). 

Blacknose Sharks 

(South of 34° N 

lat. Only).

17.2 mt (3,921 lb) .... 4.7 mt (10,363 lb) .... .................................. 17.2 mt (3,921 lb) .... 17.2 mt (3,921 lb). 

Smoothhound 

Sharks.

1,802.6 mt 

(3,973,902 lb).

290.6 mt (640,557 

lb).

600.9 mt (1,324,634 

lb).

1,201.7 mt 

(2,649,268 lb).

1,802.6 mt 

(3,973,902 lb). 

No Regional Quotas ... Non-Sandbar LCS 

Research.

50.0 mt (110,230 lb) <2.0 mt (<4,408 lb) .. .................................. 50.0 mt (110,230 lb) 50.0 mt (110,230 lb). 

Sandbar Shark Research.90.7 mt (199,943 lb) <22.0 mt (<48,500 

lb).

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

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

lb).

<2.0 mt (<4,408 lb) .. .................................. 273.0 mt (601,856 

lb).

273.0 mt (601,856 

lb). 

Porbeagle Sharks .... 1.7 mt (3,748 lb) ...... <1.0 mt (<2,204 lb) .. .................................. 1.7 mt (3,748 lb) ...... 1.7 mt (3,748 lb). 


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TABLE 2—2024 QUOTAS FOR THE ATLANTIC SHARK MANAGEMENT GROUPS—Continued 

Region or sub-region Management group 2023 Annual quota Preliminary 2023 

landings 1 Adjustments 2 2024 Base annual 

quota 

2024 Final annual 

quota 

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

Pelagic Sharks Other 

Than Porbeagle or 

Blue.

488.0 mt (1,075,856 

lb).

15.5 mt (34,131 lb) .. .................................. 488.0 mt (1,075,856 

lb).

488.0 mt (1,075,856 

lb). 

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 §§ 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 

■ 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. 

■ 2. In § 635.24, revise paragraph (a)(2) 

to read as follows: 

§ 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 

§§ 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. 

* * * * * 

■ 3. In § 635.27, revise paragraphs (b)(2) 

introductory text and (b)(3) introductory 

text to read as follows: 

§ 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 


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Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Rules and Regulations 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): 

* * * * * 

■ 4. In § 635.28, revise paragraphs (b)(2) 

and (3) to read as follows: 

§ 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 

§ 635.27(b). When NMFS calculates that 

the overall, regional, and/or subregional landings for a shark species 

and/or management group, as specified 

in § 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 § 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 subregional 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 

§ 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 § 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 § 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 subregional 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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