Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules 43151 

§ 74.702 [Amended] 

■ 9. Amend § 74.702 by removing the 

second sentence of paragraph (a)(1). 

§ 74.786 [Amended] 

■ 10. Amend § 74.786 by removing the 

second sentence of paragraph (b). 

Amend § 74.1201 by revising paragraph 

(j) to read as follows: 

§ 74.1201 Definitions. 

* * * * * 

(j) AM Fill-in area. The area within 

the greater of the 2 mV/m daytime 

contour of the AM radio broadcast 

station being rebroadcast or a 25–mile 

(40 km) radius centered at the AM 

transmitter site. 

* * * * * 

§ 74.1202 [Amended] 

■ 11. Amend § 74.1202 by removing 

paragraph (b)(3). 

■ 12. Amend § 74.1235 by revising 

paragraph (d) to read as follows: 

§ 74.1235 Power limitations and antenna 

systems. 

* * * * * 

(d) Applications for FM translator 

stations located within 320 km of the 

Canadian border will not be accepted if 

they specify more than 250 watts 

effective radiated power in any 

direction or have a 34 dBu interference 

contour that exceeds 60 km. 

Applications for FM translator stations 

located within 320 kilometers of the 

Mexican border must adhere to the 

following provisions. 

(1) Translator stations located within 

125 kilometers of the Mexican border 

may operate with a maximum ERP of 

250 watts (0.250 kW) but must not 

exceed an ERP of 50 watts (0.050 kW) 

in the direction of the Mexican border. 

A translator station may not produce an 

interfering contour in excess of 32 km 

from the transmitter site in the direction 

of the Mexican border, nor may the 60 

dBu service contour of the translator 

station exceed 8.7 km from the 

transmitter site in the direction of the 

Mexican border. 

(2) Translator stations located 

between 125 kilometers and 320 

kilometers from the Mexican border 

may operate with a maximum ERP of 

250 watts in any direction. However, in 

no event shall the location of the 60 dBu 

contour lie within 116.3 km of the 

Mexican border. 

[FR Doc. 2021–15684 Filed 8–5–21; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 210730–0156; RTID 0648– 

XT040] 

Atlantic Highly Migratory Species; 

2022 Atlantic Shark Commercial 

Fishing Year 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This proposed rule would 

adjust quotas and retention limits and 

establish the opening date for the 2022 

fishing year for the Atlantic commercial 

shark fisheries. Quotas would be 

adjusted as required or allowable based 

on any underharvests experienced 

during the 2021 fishing year. NMFS 

proposes the opening date and 

commercial retention limits to provide, 

to the extent practicable, fishing 

opportunities for commercial shark 

fishermen in all regions and areas. The 

proposed measures could affect fishing 

opportunities for commercial shark 

fishermen in the northwestern Atlantic 

Ocean, the Gulf of Mexico, and the 

Caribbean Sea. 

DATES: Written comments must be 

received by September 7, 2021. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2021–0056, by electronic 

submission. Submit all electronic public 

comments via the Federal e-Rulemaking 

Portal. Go to https://

www.regulations.gov and enter ‘‘NOAA– 

NMFS–2021–0056’’ in the Search box. 

Click on the ‘‘Comment’’ icon, complete 

the required fields, and enter or attach 

your comments. 

Comments sent by any other method, 

to any other address or individual, or 

received after the end of the comment 

period, may not be considered by 

NMFS. All comments received are a part 

of the public record and will generally 

be posted for public viewing on 

www.regulations.gov without change. 

All personal identifying information 

(e.g., name, address, etc.), confidential 

business information, or otherwise 

sensitive information submitted 

voluntarily by the sender will be 

publicly accessible. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). 

Copies of this proposed rule and 

supporting documents are available 

from the HMS Management Division 

website at https://

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

contacting Lauren Latchford 

(lauren.latchford@noaa.gov) by phone at 

301–427–8503. 

FOR FURTHER INFORMATION CONTACT: 

Lauren Latchford (lauren.latchford@

noaa.gov), Derek Kraft (derek.kraft@

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 under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). The 2006 

Consolidated Atlantic Highly Migratory 

Species (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 default commercial shark 

retention limits, commercial quotas for 

species and management groups, and 

accounting measures for underharvests 

and overharvests. The retention limits, 

commercial quotas, and accounting 

measures can be found at 50 CFR 

635.24(a) and 635.27(b). 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/or 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)(3), any annual or 

inseason adjustments to the base annual 

commercial overall, regional, or subregional quotas will be published in the 

Federal Register. 

2022 Proposed Commercial Shark 

Quotas 

NMFS proposes adjusting the quota 

levels for the various shark stocks and 

management groups for the 2022 

Atlantic commercial shark fishing year 


jbell on DSKJLSW7X2PROD with PROPOSALS
43152 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules 

based on underharvests that occurred 

during the 2021 fishing year, consistent 

with existing regulations at 50 CFR 

635.27(b). Overharvests and 

underharvests are accounted for in the 

same region, sub-region, and/or fishery 

in which they occurred the following 

year, except that large overharvests may 

be spread over a number of subsequent 

fishing years up to a maximum of five 

years. If a sub-regional quota is 

overharvested, but the overall regional 

quota is not, no subsequent adjustment 

is required. Unharvested quota may be 

added to the quota for the next fishing 

year, but only for shark management 

groups that have shark stocks that do 

not have an unknown status or that have 

no overfishing occurring and are not 

overfished. No more than 50 percent of 

a base annual quota may be carried over 

from a previous fishing year. 

Based on 2021 harvests to date, and 

after considering catch rates and 

landings from previous years, NMFS 

proposes to adjust the 2022 quotas for 

certain management groups as shown in 

Table 1. All of the 2022 proposed quotas 

for the respective stocks and 

management groups will be subject to 

further adjustment in the final rule after 

NMFS considers landings submitted in 

the dealer reports through mid-October. 

NMFS anticipates that dealer reports 

received after that time will be used to 

adjust 2022 quotas, as appropriate, 

noting that, in some circumstances, 

NMFS re-adjusts quotas during the 

subject year. 

Because the Gulf of Mexico blacktip 

shark management group and 

smoothhound shark management groups 

in the Gulf of Mexico and Atlantic 

regions are not overfished, and 

overfishing is not occurring, available 

underharvest (up to 50 percent of the 

base annual quota) from the 2021 

fishing year for these management 

groups may be added to the respective 

2022 base quotas. NMFS proposes to 

account for any underharvest of Gulf of 

Mexico blacktip sharks by dividing 

underharvest between the eastern and 

western Gulf of Mexico sub-regional 

quotas based on the sub-regional quota 

split percentage implemented in 

Amendment 6 to the 2006 Consolidated 

HMS FMP (80 FR 50073; August 18, 

2015). 

For the sandbar shark, aggregated 

large coastal shark (LCS), hammerhead 

shark, non-blacknose small coastal 

shark (SCS), blacknose shark, blue 

shark, porbeagle shark, and pelagic 

shark (other than porbeagle or blue 

sharks) management groups, the 2021 

underharvests cannot be carried over to 

the 2022 fishing year because those 

stocks or management groups are 

overfished, are experiencing 

overfishing, or have an unknown status. 

There are no overharvests to account for 

in these management groups to date. 

Thus, NMFS proposes that quotas for 

these management groups be equal to 

the annual base quota without 

adjustment, although the ultimate 

decision will be based on current data 

at the time of the final rule. 

The proposed 2022 quotas by species 

and management group are summarized 

in Table 1 and the description of the 

calculations for each stock and 

management group can be found below. 

All quotas and landings are dressed 

weight (dw), in metric tons (mt), unless 

specified otherwise. Table 1 includes 

landings data as of July 9, 2021; final 

quotas are subject to change based on 

landings as of October 2021. 

TABLE 1—2022 PROPOSED QUOTAS AND OPENING DATE FOR THE ATLANTIC SHARK MANAGEMENT GROUPS

Region or 

sub-region 

Management 

group 

2021 

Annual quota 

Preliminary 2021 

landings 1 Adjustments 2 2022 Base annual quota 

2022 

Proposed annual 

quota 

Season opening 

dates 

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

Western Gulf of 

Mexico.

Blacktip Sharks 3 .. 347.2 mt (765,392 

lb).

210.7 mt (464,554 

lb).

115.7 mt (255,131 

lb).

231.5 mt (510,261 

lb).

347.2 mt (765,392 

lb).

January 1, 

2022. 

Aggregated Large 

Coastal Sharks.

72.0 mt (158,724 

lb).

66.6 mt (146,851 

lb).

.............................. 72.0 mt (158,724 

lb).

72.0 mt (158,724 

lb).

Hammerhead 

Sharks.

11.9 mt (26,301 

lb).

<1.5 mt (<3,300 

lb).

.............................. 11.9 mt (26,301 

lb).

11.9 mt (26,301 

lb).

Eastern Gulf of 

Mexico.

Blacktip Sharks 3 .. 37.7 mt (83,158 

lb).

8.6 mt (18,858 lb) 12.6 mt (27,719 

lb).

25.1 mt (55,439 

lb).

37.7 mt (83,158 

lb).

January 1, 

2022. 

Aggregated Large 

Coastal Sharks.

85.5 mt (188,593 

lb).

38.1 mt (84,047 

lb).

.............................. 85.5 mt (188,593 

lb).

85.5 mt (188,593 

lb).

Hammerhead 

Sharks.

13.4 mt (29,421 

lb).

5.7 mt (12,458 lb) .............................. 13.4 mt (29,421 

lb).

13.4 mt (29,421 

lb).

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

Small Coastal 

Sharks.

112.6 mt (248,215 

lb).

23.1 mt (50,911 

lb).

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

lb).

112.6 mt (248,215 

lb).

Smoothhound 

Sharks.

504.6 mt 

(1,112,441 lb).

—mt (—lb) ........... 168.2 mt (370,814 

lb).

336.4 mt (741,627 

lb).

504.6 mt 

(1,112,441 lb).

Atlantic .................... Aggregated Large 

Coastal Sharks.

168.9 mt (372,552 

lb).

38.7 mt (85,317 

lb).

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

lb).

168.9 mt (372,552 

lb).

January 1, 

2022. 

Hammerhead 

Sharks.

27.1 mt (59,736 

lb).

10.2 mt (22,542 

lb).

.............................. 27.1 mt (59,736 

lb).

27.1 mt (59,736 

lb).

Non-Blacknose 

Small Coastal 

Sharks.

264.1 mt (582,333 

lb).

32.8 mt (72,243 

lb).

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

lb).

264.1 mt (582,333 

lb).

Blacknose Sharks 

(South of 34 °N 

lat. only).

17.2 mt (37,921 

lb).

4.8 mt (10,617 lb) .............................. 17.2 mt (37,921 

lb).

17.2 mt (37,921 

lb).

Smoothhound 

Sharks.

1,802.6 mt 

(3,971,587 lb).

192.8 mt (425,130 

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).

5.0 mt (11,129 lb) .............................. 50.0 mt (110,230 

lb).

50.0 mt (110,230 

lb).

January 1, 

2022. 

Sandbar Shark 

Research.

90.7 mt (199,943 

lb).

35.4 mt (78,074 

lb).

.............................. 90.7 mt (199,943 

lb).

90.7 mt (199,943 

lb).

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

lb).

<1.0 mt (<2,200 

lb).

.............................. 273.0 mt (601,856 

lb).

273.0 mt (601,856 

lb).

Porbeagle Sharks 1.7 mt (3,748 lb) .. 0.0 mt (0 lb) ......... .............................. 1.7 mt (3,748 lb) .. 1.7 mt (3,748 lb).


jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules 43153 

TABLE 1—2022 PROPOSED QUOTAS AND OPENING DATE FOR THE ATLANTIC SHARK MANAGEMENT GROUPS—Continued 

Region or 

sub-region 

Management 

group 

2021 

Annual quota 

Preliminary 2021 

landings 1 Adjustments 2 2022 

Base annual quota 

2022 

Proposed annual 

quota 

Season opening 

dates 

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

Pelagic Sharks 

Other Than 

Porbeagle or 

Blue.

488.0 mt 

(1,075,856 lb).

25.2 mt (55,566 

lb).

.............................. 488.0 mt 

(1,075,856 lb).

488.0 mt 

(1,075,856 lb).

1 Landings are from January 1, 2021, through July 9, 2021, and are subject to change. 

2 Underharvest adjustments can only be applied to stocks or management groups that are not overfished and have no overfishing occurring. Also, the underharvest 

adjustments cannot exceed 50 percent of the base quota. 3This adjustment accounts for underharvest in 2021. This proposed rule would increase the overall Gulf of Mexico blacktip shark quota by 128.3 mt (282,850 lb). 

Since any underharvest would be divided based on the sub-regional quota percentage split, the western Gulf of Mexico blacktip shark quota would be increased by 

115.7 mt, while the eastern Gulf of Mexico blacktip shark quota would be increased by 12.6 mt. 

1. Proposed 2022 Quotas for Shark 

Management Groups Where 

Underharvests Can Be Carried Over 

The Gulf of Mexico blacktip shark 

management group (which is divided 

between the two sub-regions) and 

smoothhound shark management groups 

in the Gulf of Mexico and Atlantic 

regions are not overfished, and 

overfishing is not occurring. Pursuant to 

§ 635.27(b)(2)(ii), available underharvest 

(up to 50 percent of the base annual 

quota) from the 2021 fishing year for 

these management groups may be added 

to the respective 2022 base quotas. 

The 2022 proposed commercial quota 

for blacktip sharks in the western Gulf 

of Mexico sub-region is 347.2 mt dw 

(765,392 lb dw) and the eastern Gulf of 

Mexico sub-region is 37.7 mt dw (83,158 

lb dw). As of July 9, 2021, preliminary 

reported landings for blacktip sharks in 

the western Gulf of Mexico sub-region 

were at 60.7 percent (210.7 mt dw) of 

their 2021 quota levels (347.2 mt dw), 

and blacktip sharks in the eastern Gulf 

of Mexico sub-region were at 22.7 

percent (8.6 mt dw) of the sub-regional 

2021 quota levels (37.7 mt dw). 

Reported landings in both sub-regions 

have not exceeded the 2021 quota to 

date. Pursuant to § 635.27(b)(1)(ii)(C), 

any underharvest would be divided 

between the two sub-regions, based on 

the percentages that are allocated to 

each sub-region. To date, the overall 

Gulf of Mexico blacktip shark 

management group is underharvested by 

165.6 mt dw (365,138 lb dw). NMFS 

proposes to increase the western Gulf of 

Mexico blacktip shark quota by 115.7 mt 

dw which is 90.2 percent of the quota 

adjustment, while the eastern Gulf of 

Mexico blacktip shark sub-regional 

quota would increase by 12.6 mt dw, 

which is 9.8 percent of the quota 

adjustment (Table 1). Thus, the 

proposed western sub-regional Gulf of 

Mexico blacktip shark commercial quota 

is 347.2 mt dw (765,392 lb dw), and the 

proposed eastern sub-regional Gulf of 

Mexico blacktip shark commercial quota 

is 37.7 mt dw (83,158 lb dw). 

The 2022 proposed commercial quota 

for smoothhound sharks in the Gulf of 

Mexico region is 504.6 mt dw (1,112,441 

lb dw) and in the Atlantic region is 

1,802.6 mt dw (3,973,902 lb dw). As of 

July 9, 2021, there have been no 

smoothhound shark landings in the Gulf 

of Mexico region and 10.7 percent 

(192.8 mt dw) of their 2021 quota 

(1802.6 mt dw) in the Atlantic region. 

NMFS proposes to adjust the 2022 Gulf 

of Mexico and Atlantic smoothhound 

shark quotas for anticipated 

underharvests in 2021 to the full extent 

allowed. The proposed 2022 adjusted 

base annual quota for Gulf of Mexico 

smoothhound sharks is 504.6 mt dw 

(336.4 mt dw annual base quota + 168.2 

mt dw 2021 underharvest = 504.6 mt dw 

2022 adjusted annual quota) and the 

proposed 2022 adjusted base annual 

quota for Atlantic smoothhound sharks 

is 1,802.6 mt dw (1,201.7 mt dw annual 

base quota + 600.9 mt dw 2021 

underharvest = 1,802.6 mt dw 2022 

adjusted annual quota). 

2. Proposed 2022 Quotas for Shark 

Management Groups Where 

Underharvests Cannot Be Carried Over 

Consistent with the current 

regulations at § 635.27(b)(2)(ii), 2021 

underharvests cannot be carried over to 

the 2022 fishing year for the following 

stocks or management groups because 

they are overfished, are experiencing 

overfishing, or have an unknown status: 

Sandbar shark, aggregated large coastal 

shark (LCS), hammerhead shark, nonblacknose small coastal shark (SCS), 

blacknose shark, blue shark, porbeagle 

shark, and pelagic shark (other than 

porbeagle or blue sharks) management 

groups. 

The 2022 proposed commercial quota 

for aggregated LCS in the western Gulf 

of Mexico sub-region is 72.0 mt dw 

(158,724 lb dw), and the eastern Gulf of 

Mexico sub-region is 85.5 mt dw 

(188,593 lb dw). The 2022 proposed 

commercial quota for aggregated LCS in 

the Atlantic region is 168.9 mt dw 

(372,552 lb dw). For these stocks, the 

2022 proposed commercial quotas 

reflect the codified annual base quotas, 

without adjustment for underharvest. At 

this time, no overharvests have 

occurred, which would require 

adjustment downward. As of July 9, 

2021, preliminary reported landings for 

aggregated LCS in the western Gulf of 

Mexico sub-region were 92.5 percent 

(66.6 mt dw) of the 2021 quota (72.0 mt 

dw), the aggregated LCS in the eastern 

Gulf of Mexico sub-region were 44.6 

percent (38.1 mt dw) of the 2021 quota 

(85.5 mt dw), and the aggregated LCS 

fishery in the Atlantic were 22.9 percent 

(38.7 mt dw) of the 2021 quota. 

Reported landings from both Gulf of 

Mexico sub-regions and the Atlantic 

region have not exceeded the 2021 

overall aggregated LCS quota to date. 

Given the unknown status of some 

species in the aggregated LCS complex, 

the aggregated LCS quota cannot be 

adjusted for any underharvests. Based 

on both preliminary estimates and catch 

rates from previous years, NMFS 

proposes that the 2022 quotas for 

aggregated LCS in the western and 

eastern Gulf of Mexico sub-regions, and 

the Atlantic region be equal to their 

annual base quotas without adjustment. 

The 2022 proposed commercial 

quotas for hammerhead sharks in the 

eastern Gulf of Mexico sub-region and 

western Gulf of Mexico sub-region are 

11.9 mt dw (26,301 lb dw) and 13.4 mt 

dw (29,421 lb dw), respectively. For 

these stocks, the 2022 proposed 

commercial quotas reflect the codified 

annual base quotas, without adjustment 

for underharvest. At this time, no 

overharvests have occurred, which 

would require adjustment downward. 

The 2022 proposed commercial quota 

for hammerhead sharks in the Atlantic 

region is 27.1 mt dw (59,736 lb dw). As 

of July 9, 2021, preliminary reported 

landings of hammerhead sharks in the 

western Gulf of Mexico sub-region were 


jbell on DSKJLSW7X2PROD with PROPOSALS
43154 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules 

less than 12 percent (<2.3 mt dw) of the 

2021 quota (11.9 mt dw), landings of 

hammerhead sharks in the eastern Gulf 

of Mexico sub-region were at 42.3 

percent (5.7 mt dw) of the 2021 quota 

(13.4 mt dw), and landings of 

hammerhead sharks in the Atlantic 

region were at 37.7 percent (10.2 mt dw) 

of the 2021 quota. Reported landings 

from the Gulf of Mexico sub-regions and 

the Atlantic region have not exceeded 

the 2021 overall hammerhead quota to 

date. Given the overfished status of the 

scalloped hammerhead shark, the 

hammerhead shark quota cannot be 

adjusted for any underharvests. Based 

on both preliminary estimates and catch 

rates from previous years, NMFS 

proposes that the 2022 quotas for 

hammerhead sharks in the western Gulf 

of Mexico and eastern Gulf of Mexico 

sub-regions be equal to their annual 

base quotas without adjustment. 

The 2022 proposed commercial quota 

for blacknose sharks in the Atlantic 

region is 17.2 mt dw (37,921 lb dw). 

This quota is available in the Atlantic 

region only for those vessels operating 

south of 34 °N latitude. North of 34 °N 

latitude, retention, landing, or sale of 

blacknose sharks is prohibited. NMFS is 

not proposing any adjustments to the 

blacknose shark quota at this time. For 

these stocks, the 2022 proposed 

commercial quotas reflect the codified 

annual base quotas, without adjustment 

for underharvest. At this time, no 

overharvests have occurred, which 

would require adjustment downward. 

As of July 9, 2021, preliminary reported 

landings of blacknose sharks were at 

28.0 percent (4.8 mt dw) of the 2021 

quota levels in the Atlantic region. 

Reported landings have not exceeded 

the 2021 quota to date. NMFS proposes 

that the 2022 Atlantic blacknose shark 

quota be equal to the annual base quota 

without adjustment. 

The 2022 proposed commercial quota 

for non-blacknose SCS in the Gulf of 

Mexico region is 112.6 mt dw (248,215 

lb dw). The 2022 proposed commercial 

quota for non-blacknose SCS in the 

Atlantic region is 264.1 mt dw (582,333 

lb dw). For these stocks, the 2022 

proposed commercial quotas reflect the 

codified annual base quotas, without 

adjustment for underharvest. At this 

time, no overharvests have occurred, 

which would require adjustment 

downward. As of July 9, 2021, 

preliminary reported landings of nonblacknose SCS were at 20.5 percent 

(23.1 mt dw) of their 2021 quota level 

(112.6 mt dw) in the Gulf of Mexico 

region and were at 12.4 percent (32.8 mt 

dw) of the 2021 quota level in the 

Atlantic region. Reported landings have 

not exceeded the 2021 quota to date. 

Given the unknown status of 

bonnethead sharks within the Gulf of 

Mexico and Atlantic non-blacknose SCS 

management groups, underharvests 

cannot be carried forward. Based on 

both preliminary estimates and catch 

rates from previous years, NMFS 

proposes that the 2022 quota for nonblacknose SCS in the Gulf of Mexico 

and Atlantic regions be equal to the 

annual base quota without adjustment. 

The 2022 proposed commercial 

quotas for blue sharks, porbeagle sharks, 

and pelagic sharks (other than porbeagle 

or blue sharks) are 273.0 mt dw (601,856 

lb dw), 1.7 mt dw (3,748 lb dw), and 

488.0 mt dw (1,075,856 lb dw), 

respectively. For these stocks, the 2022 

proposed commercial quotas reflect the 

codified annual base quotas, without 

adjustment for underharvest. At this 

time, no overharvests have occurred, 

which would require adjustment 

downward. As of July 9, 2021, there 

were no preliminary reported landings 

of blue sharks or porbeagle sharks, and 

landings of pelagic sharks (other than 

porbeagle and blue sharks) were at 5.2 

percent (25.2 mt dw) of the 2021 quota 

level (488.0 mt dw). Given that these 

pelagic species are overfished, have 

overfishing occurring, or have an 

unknown status, underharvests cannot 

be carried forward. Based on 

preliminary estimates of catch rates 

from previous years, NMFS proposes 

that the 2022 quotas for blue sharks, 

porbeagle sharks, and pelagic sharks 

(other than porbeagle and blue sharks) 

be equal to their annual base quotas 

without adjustment. 

The 2022 proposed commercial 

quotas within the shark research fishery 

are 50 mt dw (110,230 lb dw) for 

research LCS and 90.7 mt dw (199,943 

lb dw) for sandbar sharks. Within the 

shark research fishery, as of July 9, 

2021, preliminary reported landings of 

research LCS were at 10.1 percent (5.0 

mt dw) of the 2021 quota, and sandbar 

shark reported landings were at 39 

percent (35.4 mt dw) of their 2021 

quota. Because sandbar sharks and 

scalloped hammerhead sharks within 

the research LCS management group are 

either overfished or overfishing is 

occurring, underharvests for these 

management groups cannot be carried 

forward. Based on preliminary 

estimates, NMFS proposes that the 2022 

quota in the shark research fishery be 

equal to the annual base quota without 

adjustment. 

Proposed Opening Date and Retention 

Limits for the 2022 Atlantic Commercial 

Shark Fishing Year 

In proposing the commercial shark 

fishing season opening dates for all 

regions and sub-regions, NMFS 

considered the ‘‘Opening Commercial 

Fishing Season Criteria,’’ which are the 

criteria listed at § 635.27(b)(3): The 

available annual quotas for the current 

fishing season, estimated season length 

and average weekly catch rates from 

previous years, length of the season and 

fishery participation in past years, 

effects of the adjustment on 

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 

openings. 

In analyzing the criteria, NMFS 

examines the underharvests of the 

different management groups in the 

2021 fishing year to determine the likely 

effects of the proposed commercial 

quotas for 2022 on shark stocks and 

fishermen across regional and subregional fishing areas. NMFS also 

examines the potential season length 

and previous catch rates to ensure, to 

the extent practicable, that equitable 

fishing opportunities will be provided 

to fishermen in all areas. Lastly, NMFS 

examines the seasonal variation of the 

different species/management groups 

and the effects on fishing opportunities. 

At the start of each fishing year, the 

default commercial retention limit is 45 

LCS other than sandbar sharks per 

vessel per trip in the eastern and 

western Gulf of Mexico sub-regions and 

in the Atlantic region, unless NMFS 

determines otherwise and files with the 

Office of the Federal Register for 

publication notification of an inseason 

adjustment. NMFS may adjust the 

retention limit from zero 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, respectively. 

NMFS also considered the six 

‘‘Inseason Trip Limit Adjustment 

Criteria’’ listed at § 635.24(a)(8). Those 

criteria are: The amount of remaining 

shark quota in the relevant area, region, 

or sub-region, to date, based on dealer 

reports; the catch rates of the relevant 

shark species/complexes in the region 

or sub-region, to date, based on dealer 

reports; the estimated date of fishery 

closure based on when the landings are 

projected to reach 80 percent of the 

quota given the realized catch rates and 

whether they are projected to reach 100 

percent before the end of the fishing 

season; effects of the adjustment on 

accomplishing the objectives of the 2006 

Consolidated HMS FMP and its 

amendments; variations in seasonal 

distribution, abundance, or migratory 


jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules 43155 

patterns of the relevant shark species 

based on scientific and fishery-based 

knowledge; and/or effects of catch rates 

in one part of a region precluding 

vessels in another part of that region 

from having a reasonable opportunity to 

harvest a portion of the relevant quota. 

In analyzing the criteria, NMFS 

examines landings submitted in dealer 

reports on a weekly basis and catch 

rates based upon those dealer reports 

and have found that, to date, landings 

and subsequent quotas have not been 

exceeded. Catch rates in one part of a 

sub-region reached 80 percent have 

been closed, and have not reached 100 

percent of the available quota. In 

addition, that closure did not preclude 

vessels in another part of that region or 

sub-region from having a reasonable 

opportunity to harvest a portion of the 

relevant quota. Given the pattern of 

landings over the previous years, 

seasonal distribution of the species and/ 

or management groups has not had an 

effect on the landings within a region or 

sub-region. 

After considering both sets of criteria 

in § 635.24 and 635.28, NMFS is 

proposing to open the 2022 Atlantic 

commercial shark fishing season for all 

shark management groups in the 

northwestern Atlantic Ocean, including 

the Gulf of Mexico and the Caribbean 

Sea, on January 1, 2022, after the 

publication of the final rule for this 

action (Table 2). NMFS proposes to 

open the season on January 1, 2022, but 

recognizes that the actual opening date 

is contingent on publication of the final 

rule in the Federal Register, and may 

vary accordingly. NMFS is also 

proposing to start the 2022 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, and a 

commercial retention limit of 55 LCS 

other than sandbar sharks per vessel per 

trip in the Atlantic region (Table 2). 

Proposed retention limits could change 

(as a result of public comments as well 

as updated catch rates and landings 

information submitted in dealer reports) 

in the final rule. 

TABLE 2—QUOTA LINKAGES, SEASON OPENING DATES, AND COMMERCIAL RETENTION LIMIT BY REGIONAL OR SUBREGIONAL SHARK MANAGEMENT GROUP

Region or sub-region Management group Quota linkages * Season opening 

date 

Commercial retention limits for directed shark 

limited access permit holders 

(inseason adjustments are possible) 

Western Gulf of Mexico ............ Blacktip Sharks .........................

Aggregated Large Coastal 

Sharks. 

Not Linked ......................

Linked. 

January 1, 2022 ... 55 LCS other than sandbar sharks per vessel 

per trip. 

Hammerhead Sharks.

Eastern Gulf of Mexico ............. Blacktip Sharks .........................

Aggregated Large Coastal 

Sharks. 

Not Linked ......................

Linked. 

January 1, 2022 ... 55 LCS other than sandbar sharks per vessel 

per trip. 

Hammerhead Sharks.

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

Sharks.

Not Linked ...................... January 1, 2022 ... N/A. 

Smoothhound Sharks ............... Not Linked ...................... January 1, 2022 ... N/A. 

Atlantic ...................................... Aggregated Large Coastal 

Sharks.

Linked ............................. January 1, 2022 ... 55 LCS other than sandbar sharks per vessel 

per trip. 

Hammerhead Sharks.

Non-Blacknose Small Coastal 

Sharks.

Linked (South of 34 °N 

lat. only).

January 1, 2022 ... 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, 2022 ... N/A. 

No regional quotas ................... Non-Sandbar LCS Research .... Linked ............................. January 1, 2022 ... N/A. 

Sandbar Shark Research.

Blue Sharks .............................. Not Linked ...................... January 1, 2022 ... N/A. 

Porbeagle Sharks.

Pelagic Sharks Other Than 

Porbeagle or Blue.

* § 635.28(b)(4) lists species and/or 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)). 

In the eastern and western Gulf of 

Mexico sub-regions, NMFS proposes 

opening the fishing season on January 1, 

2022, for the aggregated LCS, blacktip 

sharks, and hammerhead shark 

management groups, with the 

commercial retention limits of 55 LCS 

other than sandbar sharks per vessel per 

trip for directed shark permits. This 

opening date and retention limit 

combination would provide, to the 

extent practicable, equitable 

opportunities across the fisheries 

management sub-regions. The season 

opening criteria listed in § 635.27(b)(3) 

requires NMFS to consider the length of 

the season for the different species and/ 

or management groups in the previous 

years (§ 635.27(b)(3)(ii) and (iii)) and 

whether fishermen were able to 

participate in the fishery in those years 

(§ 635.27(b)(3)(v)). In addition, the 

criteria listed in § 635.24(a)(8) require 

NMFS to consider the catch rates of the 

relevant shark species/complexes based 

on landings submitted in dealer reports 

to date (§ 635.24(a)(8)(ii)). NMFS may 

also adjust the retention limit in the 

Gulf of Mexico region throughout the 

season to ensure fishermen in all parts 

of the region have an opportunity to 

harvest aggregated LCS, blacktip sharks, 

and hammerhead sharks (see the criteria 

listed at § 635.27(b)(3)(v) and 

§ 635.24(a)(8)(ii), (v), and (vi)). Given 

these requirements, NMFS reviewed 

landings on a weekly basis for all 

species and/or management groups and 

determined that fishermen have been 

able to participate in the fishery, and 

landings from both Gulf of Mexico subregions and the Atlantic region have not 

exceeded the 2021 overall aggregated 

LCS quota to date. For both the eastern 

and western Gulf of Mexico sub-regions 

combined, landings submitted in dealer 

reports received through July 9, 2021, 

indicate that 66 percent (104.7 mt dw), 

57 percent (219.3 mt dw), and almost 30 

percent (<8 mt dw) of the available 

aggregated LCS, blacktip, and 

hammerhead shark quotas, respectively, 

have been harvested. Therefore, for 

2022, NMFS is proposing opening both 

the western and eastern Gulf of Mexico 

sub-regions with a commercial retention 


jbell on DSKJLSW7X2PROD with PROPOSALS
43156 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules 

limit of 55 sharks other than sandbar 

sharks per vessel per trip. 

In the Atlantic region, NMFS 

proposes opening the aggregated LCS 

and hammerhead shark management 

groups on January 1, 2022. The criteria 

listed in § 635.27(b)(3) consider the 

effects of catch rates in one part of a 

region precluding vessels in another 

part of that region from having a 

reasonable opportunity to harvest a 

portion of the different species and/or 

management quotas (§ 635.27(b)(3)(v)). 

The 2021 data indicate that an opening 

date of January 1, coupled with inseason 

adjustments to the retention limit if later 

considered and needed, would provide 

a reasonable opportunity for fishermen 

in every part of each region to harvest 

a portion of the available quotas 

(§ 635.27(b)(3)(i)), while accounting for 

variations in seasonal distribution of the 

different species in the management 

groups (§ 635.27(b)(3)(iv)). Because the 

quotas we propose for 2022 are the same 

as the quotas in 2021, NMFS proposes 

that the season lengths, and therefore, 

the participation of various fishermen 

throughout the region, would be similar 

in 2022 (§ 635.27(b)(3)(ii) and (iii)). 

Additionally, the January 1 opening 

date appears to meet the objectives of 

the 2006 Consolidated HMS FMP and 

its amendments (§ 635.27(b)(3)(vi)). In 

the recent past, NMFS has managed the 

fishery by opening the aggregated LCS 

and hammerhead shark management 

groups on January 1 with a relatively 

high retention limit. Once a certain 

percentage threshold was reached, the 

retention limit was reduced to a low 

limit, such as 3 LCS other than sandbar 

sharks per vessel per trip, and then the 

retention limit was increased again in 

mid-July. This approach allowed the 

fishery in the Atlantic region to remain 

open throughout the year, consistent 

with conservation and management 

measures for the stocks and requests 

from fishermen and states. However, 

landings data from 2016 to present 

indicate a decrease in annual landings 

in the aggregated LCS management 

group. As a result, in 2021 NMFS 

opened with a retention limit of 45 LCS 

other than sandbar sharks per vessel per 

trip, anticipating that it might later 

reduce the trip limit when landings 

reached approximately 40 percent of the 

quota and after considering appropriate 

factors. Instead, on March 23, 2021, 

NMFS increased the retention limit 

from 36 to the maximum limit of 55 LCS 

other than sandbar sharks per vessel per 

trip for all directed permit holders due 

to low landings (86 FR 16075; March 26, 

2021). As of July 9, 2021, landings data 

indicate that, despite increasing the 

retention limit to the maximum, only 

22.9 percent of the aggregated LCS and 

37.7 percent of the hammerhead shark 

commercial quotas have been landed. 

Considering this experience and the 

recent reduced landings compared to 

past years, NMFS proposes to open on 

January 1, 2022, with a retention limit 

of 55 LCS other than sandbar sharks per 

vessel per trip. Starting with the highest 

retention limit available could allow 

fishermen in the Atlantic region to more 

fully utilize the available science-based 

quota. As needed, NMFS may adjust the 

retention limit throughout the year to 

ensure equitable fishing opportunities 

throughout the region and ensure the 

quota is not exceeded (see the criteria at 

§ 635.24(a)(8)). For example, if the quota 

is harvested too quickly, NMFS could 

consider reducing the retention limit as 

appropriate to ensure enough quota 

remains until later in the year. NMFS 

would publish in the Federal Register 

notification of any inseason adjustments 

of the retention limit. 

All of the shark management groups 

would remain open until December 31, 

2022, or until NMFS determines that the 

landings for any shark management 

group are projected to reach 80 percent 

of the quota given the realized catch 

rates, and are projected to reach 100 

percent before the end of the fishing 

season, or until a quota-linked species 

or management group is closed. If 

NMFS determines that a non-quotalinked shark species or management 

group must be closed, then, consistent 

with § 635.28(b)(2) for non-linked 

quotas (e.g., eastern Gulf of Mexico 

blacktip, western Gulf of Mexico 

blacktip, Gulf of Mexico non-blacknose 

SCS, pelagic sharks, or the Atlantic or 

Gulf of Mexico smoothhound sharks), 

NMFS will publish in the Federal 

Register a notice of closure for that 

shark species, shark management group, 

region, and/or sub-region that will be 

effective no fewer than four days from 

the date of filing. For the blacktip shark 

management group, regulations at 

§ 635.28(b)(5)(i) through (v) authorize 

NMFS to close the management group 

before landings have reached or are 

projected to reach 80 percent of 

applicable available overall, regional, 

and/or sub-regional quota and are 

projected to reach 100 percent of the 

relevant quota by the end of the fishing 

season, after considering the following 

criteria and other relevant factors: 

Season length based on available subregional quota and average sub-regional 

catch rates; variability in regional and/ 

or sub-regional seasonal distribution, 

abundance, and migratory patterns; 

effects on accomplishing the objectives 

of the 2006 Consolidated HMS FMP and 

its amendments; amount of remaining 

shark quotas in the relevant sub-region; 

and regional and/or sub-regional catch 

rates of the relevant shark species or 

management groups. The fisheries for 

the shark species or management group 

would be closed (even across fishing 

years) from the effective date and time 

of the closure until NMFS announces, 

via the publication of a notice in the 

Federal Register, that additional quota 

is available and the season is reopened. 

If NMFS determines that a quotalinked species and/or management 

group must be closed, then, consistent 

with § 635.28(b)(3) for linked quotas, 

NMFS will publish in the Federal 

Register a notice of closure for all of the 

species and/or management groups in a 

linked group that will be effective no 

fewer than four days from the date of 

filing. In that event, from the effective 

date and time of the closure until the 

season is reopened and additional quota 

is available (via the publication of 

another NMFS notice in the Federal 

Register), the fisheries for all quotalinked species and/or management 

groups will be closed, even across 

fishing years. The quota-linked species 

and/or management groups are Atlantic 

hammerhead sharks and Atlantic 

aggregated LCS; eastern Gulf of Mexico 

hammerhead sharks and eastern Gulf of 

Mexico aggregated LCS; western Gulf of 

Mexico hammerhead sharks and 

western Gulf of Mexico aggregated LCS; 

and Atlantic blacknose and Atlantic 

non-blacknose SCS south of 34 °N 

latitude. 

Request for Comments 

Comments on this proposed rule and 

on NMFS’ determination that this 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities 

(as discussed below in the Classification 

section), may be submitted via 

www.regulations.gov. NMFS solicits 

comments on this proposed rule by 

September 7, 2021 (see DATES and 

ADDRESSES). 

Classification 

The NMFS Assistant Administrator 

has determined that the proposed rule is 

consistent with the 2006 Consolidated 

HMS FMP and its amendments, the 

Magnuson-Stevens Act, and other 

applicable laws, subject to further 

consideration after public comment. 

These proposed specifications are 

exempt from review under Executive 

Order 12866. 

NMFS determined that the final rules 

to implement Amendment 2 to the 2006 

Consolidated HMS FMP (June 24, 2008, 


jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules 43157 

73 FR 35778; corrected on July 15, 2008, 

73 FR 40658), Amendment 5a to the 

2006 Consolidated HMS FMP (78 FR 

40318; July 3, 2013), Amendment 6 to 

the 2006 Consolidated HMS FMP (80 FR 

50073; August 18, 2015), and 

Amendment 9 to the 2006 Consolidated 

HMS FMP (80 FR 73128; November 24, 

2015) are consistent to the maximum 

extent practicable with the enforceable 

policies of the approved coastal 

management program of coastal states 

on the Atlantic, including the Gulf of 

Mexico and the Caribbean Sea, as 

required under the Coastal Zone 

Management Act. Pursuant to 15 CFR 

930.41(a), NMFS provided the Coastal 

Zone Management Program of each 

coastal state a 60-day period to review 

the consistency determination and to 

advise NMFS of their concurrence. 

NMFS received concurrence with the 

consistency determinations from several 

states and inferred consistency from 

those states that did not respond within 

the 60-day time period. This proposed 

action to establish an opening date and 

adjust quotas for the 2022 fishing year 

for the Atlantic commercial shark 

fisheries does not change the framework 

previously consulted upon. Therefore, 

no additional consultation is required. 

This rulemaking would implement 

previously adopted and analyzed 

measures with adjustments, as specified 

in the 2006 Consolidated HMSFMP and 

its amendments, and the Environmental 

Assessment (EA) that accompanied the 

2011 shark quota specifications rule (75 

FR 76302; December 8, 2010). Impacts 

have been evaluated and analyzed in 

Amendments 2, 3, 5a, 6, and 9 to the 

2006 Consolidated HMS FMP, which 

include Final Environmental Impact 

Statements (FEISs) for Amendments 2, 

3, and 5a, and EAs for Amendments 6 

and 9. The final rule for Amendment 2 

implemented base quotas and quota 

adjustment procedures for sandbar 

shark and non-sandbar LCS species/ 

management groups, and Amendments 

3 and 5a implemented base quotas for 

Gulf of Mexico blacktip shark, 

aggregated LCS, hammerhead shark, 

blacknose shark, and non-blacknose 

SCS management groups and quota 

transfers for Atlantic sharks. The final 

rule for Amendment 6 implemented a 

revised commercial shark retention 

limit, revised base quotas for sandbar 

shark and non-blacknose SCS species/ 

management groups, new sub-regional 

quotas in the Gulf of Mexico region for 

blacktip sharks, aggregated LCS, and 

hammerhead sharks, and new 

management measures for blacknose 

sharks. The final rule for Amendment 9 

implemented management measures, 

including commercial quotas, for 

smoothhound sharks in the Atlantic and 

Gulf of Mexico regions. In 2010, NOAA 

Fisheries prepared an EA with the 2011 

quota specifications rule (75 FR 76302; 

December 8, 2010) that describes the 

impact on the human environment that 

would result from implementation of 

measures to delay the start date and 

allow for inseason adjustments. NMFS 

has determined that the quota 

adjustments and season opening dates 

of this proposed rule and the resulting 

impacts to the human environment are 

within the scope of the analyses 

considered in the FEISs and EAs for 

these amendments, and additional 

National Environmental Policy Act 

(NEPA) analysis is not warranted for 

this proposed rule. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration that this 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities as 

defined under the Regulatory Flexibility 

Act (RFA). The factual basis for this 

determination is as follows. 

The proposed rule would adjust 

quotas and retention limits and 

establish the opening date for the 2022 

fishing year for the Atlantic commercial 

shark fisheries. NMFS would adjust 

quotas as required or allowable based on 

any overharvests and/or underharvests 

from the 2021 fishing year. NMFS has 

limited flexibility to otherwise modify 

the quotas in this proposed rule. In 

addition, the impacts of the quotas (and 

any potential modifications) were 

analyzed in previous regulatory 

flexibility analyses, including the initial 

regulatory flexibility analysis and the 

final regulatory flexibility analysis that 

accompanied the 2011 shark quota 

specifications rule. NMFS proposes the 

opening date and commercial retention 

limits to provide, to the extent 

practicable, fishing opportunities for 

commercial shark fishermen in all 

regions and areas. 

The proposed measures could affect 

fishing opportunities for commercial 

shark fishermen in the northwestern 

Atlantic Ocean, the Gulf of Mexico, and 

the Caribbean Sea. However, the effects 

this proposed rule would have on small 

entities would be minimal. Section 

603(b)(3) of the RFA requires agencies to 

provide an estimate of the number of 

small entities to which the rule would 

apply. The Small Business 

Administration (SBA) has established 

size criteria for all major industry 

sectors in the United States, including 

fish harvesters. SBA’s regulations 

include provisions for an agency to 

develop its own industry-specific size 

standards after consultation with SBA 

and providing 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 this 

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 June 13, 2021, this proposed 

rule would apply to the approximately 

207 directed commercial shark permit 

holders, 253 incidental commercial 

shark permit holders, 164 smoothhound 

shark permit holders, and 90 

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 460 

directed and incidental commercial 

shark permit holders, to date, only 10 

permit holders landed sharks in the Gulf 

of Mexico region, and only 65 landed 

sharks in the Atlantic region. Of the 164 

smoothhound shark permit holders, to 

date, only 63 permit holders landed 

smoothhound sharks in the Atlantic 

region, and 1 landed smoothhound 

sharks in the Gulf of Mexico region. As 

described below, NMFS has determined 

that all of these entities are small 

entities for purposes of the RFA. 

Based on the 2020 ex-vessel price 

(Table 3), fully harvesting the 

unadjusted 2021 Atlantic shark 

commercial base quotas could result in 

total fleet revenues of $8,481,742. For 

the Gulf of Mexico blacktip shark 

management group, NMFS is proposing 

to adjust the base sub-regional quotas 

upward due to underharvests in 2021. 

The increase for the western Gulf of 

Mexico blacktip shark management 

group could result in a $206,656 gain in 

total revenues for fishermen in that subregion, while the increase for the eastern 

Gulf of Mexico blacktip shark 

management group could result in a 

$21,066 gain in total revenues for 


jbell on DSKJLSW7X2PROD with PROPOSALS
43158 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules 

fishermen in that sub-region. For the 

Gulf of Mexico and Atlantic 

smoothhound shark management 

groups, NMFS is proposing to increase 

the base quotas due to the underharvest 

in 2021. This would cause a potential 

gain in revenue of $281,819 for the fleet 

in the Gulf of Mexico region, and a 

potential gain in revenue of $1,217,953 

for the fleet in the Atlantic region. Since 

a small business is defined as having 

annual receipts not in excess of $11.0 

million, and total Atlantic shark 

revenue for the entire fishery is $9 

million, each individual shark fishing 

entity would fall within the small 

business definition. NMFS has also 

determined that the proposed rule 

would not likely affect any small 

governmental jurisdictions. 

All of these changes in gross revenues 

are similar to the gross revenues 

analyzed in the 2006 Consolidated HMS 

FMP and Amendments 2, 3 5a, 6, and 

9 to the 2006 Consolidated HMS FMP. 

The final regulatory flexibility analyses 

for those amendments concluded that 

the economic impacts on these small 

entities from adjustments such as those 

contemplated in this action are expected 

to be minimal. In accordance with the 

2006 Consolidated HMS FMP, as 

amended, and consistent with NMFS’ 

statements in rules implementing 

Amendments 2, 3 5a, 6, and 9, and in 

the EA for the 2011 shark quota 

specifications rule, NMFS now conducts 

annual rulemakings in which NMFS 

considers the potential economic 

impacts of adjusting the quotas for 

underharvests and overharvests. 

TABLE 3—AVERAGE EX-VESSEL PRICES PER lb dw FOR EACH SHARK MANAGEMENT GROUP, 2020 

Region Species 

Average 

ex-vessel 

meat price 

Average 

ex-vessel fin 

price 

Western Gulf of Mexico ............................... Blacktip Shark ................................................................................ $0.81 ........................

Aggregated LCS ............................................................................ 0.80 ........................

Hammerhead Shark ....................................................................... 0.74 ........................

Eastern Gulf of Mexico ............................... Blacktip Shark ................................................................................ 0.76 ........................

Aggregated LCS ............................................................................ 0.79 ........................

Hammerhead Shark ....................................................................... ........................ ........................

Gulf of Mexico ............................................. Non-Blacknose SCS ...................................................................... 0.71 ........................

Smoothhound Shark ...................................................................... 0.76 ........................

Atlantic ......................................................... Aggregated LCS ............................................................................ 1.13 ........................

Hammerhead Shark ....................................................................... 0.57 ........................

Non-Blacknose SCS ...................................................................... 1.12 ........................

Blacknose Shark ............................................................................ 1.29 ........................

Smoothhound Shark ...................................................................... 0.92 ........................

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

Shark Research Fishery (Sandbar only) ....................................... 1.30 ........................

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

Porbeagle shark ............................................................................. ........................ ........................

Other Pelagic sharks ..................................................................... 1.31 ........................

All ................................................................ Shark Fins ...................................................................................... ........................ $5.15 

Atlantic ......................................................... Shark Fins ...................................................................................... ........................ 1.58 

GOM ............................................................ Shark Fins ...................................................................................... ........................ 9.44 

In conclusion, as discussed above, 

this proposed rule would adjust quotas 

and retention limits and establish the 

opening date for the 2022 fishing year 

for the Atlantic commercial shark 

fisheries. Based on available data on 

commercial catch of sharks in the 

northwestern Atlantic Ocean, the Gulf 

of Mexico, and the Caribbean Sea, it 

appears that shark fishing is conducted 

by fishermen who already possess 

Federal permits and are adhering to 

Federal reporting requirements for all 

catch as well as other Federal shark 

regulations, whether they are in Federal 

or state waters. Given these factors, this 

action would not have an effect, 

practically, on the regulations that shark 

fishermen currently follow. 

Furthermore, this action is not expected 

to affect the amount of sharks caught 

and sold or result in any change in the 

ex-vessel revenues those fishermen 

could expect. Therefore, NMFS has 

determined that this proposed rule, if 

adopted, would not have a significant 

economic impact on a substantial 

number of small entities. As a result, an 

initial regulatory flexibility analysis is 

not required and none has been 

prepared. NMFS invites comments from 

the public on the information in this 

determination that this proposed rule, if 

adopted, would not have a significant 

economic impact on a substantial 

number of small entities. 

This proposed rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995. 

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

1801 et seq. 

Dated: August 2, 2021. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2021–16770 Filed 8–5–21; 8:45 am] 

BILLING CODE 3510–22–P 


jbell on DSKJLSW7X2PROD with PROPOSALS