[Federal Register Volume 86, Number 149 (Friday, August 6, 2021)]
[Proposed Rules]
[Pages 43151-43158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16770]


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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.

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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/atlantic-highly-migratory-species or by 
contacting Lauren Latchford (<a href="/cdn-cgi/l/email-protection#d5b9b4a0a7b0bbfbb9b4a1b6bdb3baa7b195bbbab4b4fbb2baa3"><span class="__cf_email__" data-cfemail="7a161b0f081f1454161b0e19121c15081e3a14151b1b541d150c">[email protected]</span></a>) by phone at 
301-427-8503.

FOR FURTHER INFORMATION CONTACT: Lauren Latchford 
(<a href="/cdn-cgi/l/email-protection#0e626f7b7c6b6020626f7a6d6668617c6a4e60616f6f20696178"><span class="__cf_email__" data-cfemail="c5a9a4b0b7a0abeba9a4b1a6ada3aab7a185abaaa4a4eba2aab3">[email protected]</span></a>), Derek Kraft (<a href="/cdn-cgi/l/email-protection#20444552454b0e4b52414654604e4f41410e474f56"><span class="__cf_email__" data-cfemail="cca8a9bea9a7e2a7beadaab88ca2a3adade2aba3ba">[email protected]</span></a>), or 
Karyl Brewster-Geisz (<a href="/cdn-cgi/l/email-protection#0a616b7873662468786f7d797e6f78276d6f6379704a64656b6b246d657c"><span class="__cf_email__" data-cfemail="bdd6dccfc4d193dfcfd8cacec9d8cf90dad8d4cec7fdd3d2dcdc93dad2cb">[email protected]</span></a>) 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 (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/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 (Sec.  635.28(b)(3)). Lastly, pursuant to Sec.  635.27(b)(3), 
any annual or inseason adjustments to the base annual commercial 
overall, regional, or sub-regional 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

[[Page 43152]]

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
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                                                    2021 Annual    Preliminary 2021                      2022 Base      2022 Proposed    Season opening
     Region or sub-region      Management group        quota         landings \1\    Adjustments \2\    annual quota     annual quota         dates
                                                 (A).............  (B).............  (C)............  (D)............  (D + C)........
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Western Gulf of Mexico.......  Blacktip Sharks   347.2 mt          210.7 mt          115.7 mt         231.5 mt         347.2 mt         January 1, 2022.
                                \3\.              (765,392 lb).     (464,554 lb).     (255,131 lb).    (510,261 lb).    (765,392 lb).
                               Aggregated Large  72.0 mt (158,724  66.6 mt (146,851  ...............  72.0 mt          72.0 mt
                                Coastal Sharks.   lb).              lb).                               (158,724 lb).    (158,724 lb).
                               Hammerhead        11.9 mt (26,301   <1.5 mt (<3,300   ...............  11.9 mt (26,301  11.9 mt (26,301
                                Sharks.           lb).              lb).                               lb).             lb).
Eastern Gulf of Mexico.......  Blacktip Sharks   37.7 mt (83,158   8.6 mt (18,858    12.6 mt (27,719  25.1 mt (55,439  37.7 mt (83,158  January 1, 2022.
                                \3\.              lb).              lb).              lb).             lb).             lb).
                               Aggregated Large  85.5 mt (188,593  38.1 mt (84,047   ...............  85.5 mt          85.5 mt
                                Coastal Sharks.   lb).              lb).                               (188,593 lb).    (188,593 lb).
                               Hammerhead        13.4 mt (29,421   5.7 mt (12,458    ...............  13.4 mt (29,421  13.4 mt (29,421
                                Sharks.           lb).              lb).                               lb).             lb).
Gulf of Mexico...............  Non-Blacknose     112.6 mt          23.1 mt (50,911   ...............  112.6 mt         112.6 mt
                                Small Coastal     (248,215 lb).     lb).                               (248,215 lb).    (248,215 lb).
                                Sharks.
                               Smoothhound       504.6 mt          --mt (--lb).....  168.2 mt         336.4 mt         504.6 mt
                                Sharks.           (1,112,441 lb).                     (370,814 lb).    (741,627 lb).    (1,112,441 lb).
Atlantic.....................  Aggregated Large  168.9 mt          38.7 mt (85,317   ...............  168.9 mt         168.9 mt         January 1, 2022.
                                Coastal Sharks.   (372,552 lb).     lb).                               (372,552 lb).    (372,552 lb).
                               Hammerhead        27.1 mt (59,736   10.2 mt (22,542   ...............  27.1 mt (59,736  27.1 mt (59,736
                                Sharks.           lb).              lb).                               lb).             lb).
                               Non-Blacknose     264.1 mt          32.8 mt (72,243   ...............  264.1 mt         264.1 mt
                                Small Coastal     (582,333 lb).     lb).                               (582,333 lb).    (582,333 lb).
                                Sharks.
                               Blacknose Sharks  17.2 mt (37,921   4.8 mt (10,617    ...............  17.2 mt (37,921  17.2 mt (37,921
                                (South of 34      lb).              lb).                               lb).             lb).
                                [deg]N lat.
                                only).
                               Smoothhound       1,802.6 mt        192.8 mt          600.9 mt         1,201.7 mt       1,802.6 mt
                                Sharks.           (3,971,587 lb).   (425,130 lb).     (1,324,634 lb).  (2,649,268 lb).  (3,973,902 lb).
No regional quotas...........  Non-Sandbar LCS   50.0 mt (110,230  5.0 mt (11,129    ...............  50.0 mt          50.0 mt          January 1, 2022.
                                Research.         lb).              lb).                               (110,230 lb).    (110,230 lb).
                               Sandbar Shark     90.7 mt (199,943  35.4 mt (78,074   ...............  90.7 mt          90.7 mt
                                Research.         lb).              lb).                               (199,943 lb).    (199,943 lb).
                               Blue Sharks.....  273.0 mt          <1.0 mt (<2,200   ...............  273.0 mt         273.0 mt
                                                  (601,856 lb).     lb).                               (601,856 lb).    (601,856 lb).
                               Porbeagle Sharks  1.7 mt (3,748     0.0 mt (0 lb)...  ...............  1.7 mt (3,748    1.7 mt (3,748
                                                  lb).                                                 lb).             lb).

[[Page 43153]]

 
                               Pelagic Sharks    488.0 mt          25.2 mt (55,566   ...............  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, 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.
\3\ This 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 Sec.  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 Sec.  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 Sec.  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, non-blacknose 
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

[[Page 43154]]

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 
[deg]N latitude. North of 34 [deg]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 non-blacknose 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 
non-blacknose 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 Sec.  
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 sub-regional 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 
Sec.  635.27 and Sec.  635.28, respectively.
    NMFS also considered the six ``Inseason Trip Limit Adjustment 
Criteria'' listed at Sec.  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

[[Page 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 Sec.  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 Sub-Regional Shark
                                                Management Group
----------------------------------------------------------------------------------------------------------------
                                                                                                  Commercial
                                                                                               retention limits
                                                                                              for directed shark
                                                                            Season opening      limited access
      Region or sub-region         Management group    Quota linkages *          date           permit holders
                                                                                                   (inseason
                                                                                                adjustments are
                                                                                                   possible)
----------------------------------------------------------------------------------------------------------------
Western Gulf of Mexico..........  Blacktip Sharks...  Not Linked........  January 1, 2022...  55 LCS other than
                                  Aggregated Large    Linked............                       sandbar sharks
                                   Coastal Sharks..                                            per vessel per
                                                                                               trip.
                                  Hammerhead Sharks.
Eastern Gulf of Mexico..........  Blacktip Sharks...  Not Linked........  January 1, 2022...  55 LCS other than
                                  Aggregated Large    Linked............                       sandbar sharks
                                   Coastal Sharks..                                            per vessel per
                                                                                               trip.
                                  Hammerhead Sharks.
Gulf of Mexico..................  Non-Blacknose       Not Linked........  January 1, 2022...  N/A.
                                   Small Coastal
                                   Sharks.
                                  Smoothhound Sharks  Not Linked........  January 1, 2022...  N/A.
Atlantic........................  Aggregated Large    Linked............  January 1, 2022...  55 LCS other than
                                   Coastal Sharks.                                             sandbar sharks
                                                                                               per vessel per
                                                                                               trip.
                                  Hammerhead Sharks.
                                  Non-Blacknose       Linked (South of    January 1, 2022...  N/A.
                                   Small Coastal       34 [deg]N lat.
                                   Sharks.             only).
                                  Blacknose Sharks                                            8 Blacknose sharks
                                   (South of 34                                                per vessel per
                                   [deg]N lat. only).                                          trip (applies to
                                                                                               directed and
                                                                                               incidental permit
                                                                                               holders).
                                  Smoothhound Sharks  Not Linked........  January 1, 2022...  N/A.
No regional quotas..............  Non-Sandbar LCS     Linked............  January 1, 2022...  N/A.
                                   Research.
                                  Sandbar Shark
                                   Research.
                                  Blue Sharks.......  Not Linked........  January 1, 2022...  N/A.
                                  Porbeagle Sharks..
                                  Pelagic Sharks
                                   Other Than
                                   Porbeagle or Blue.
----------------------------------------------------------------------------------------------------------------
* Sec.   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 (Sec.   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 Sec.  
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 (Sec.  
635.27(b)(3)(ii) and (iii)) and whether fishermen were able to 
participate in the fishery in those years (Sec.  635.27(b)(3)(v)). In 
addition, the criteria listed in Sec.  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 (Sec.  
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 Sec.  
635.27(b)(3)(v) and Sec.  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 
sub-regions 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

[[Page 43156]]

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 Sec.  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 (Sec.  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 (Sec.  
635.27(b)(3)(i)), while accounting for variations in seasonal 
distribution of the different species in the management groups (Sec.  
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 (Sec.  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 (Sec.  
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 Sec.  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-quota-linked 
shark species or management group must be closed, then, consistent with 
Sec.  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 Sec.  
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 sub-regional 
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 quota-linked species and/or management 
group must be closed, then, consistent with Sec.  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 quota-linked 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 [deg]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,

[[Page 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 sub-region, 
while the increase for the eastern Gulf of Mexico blacktip shark 
management group could result in a $21,066 gain in total revenues for

[[Page 43158]]

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
----------------------------------------------------------------------------------------------------------------
                                                                                    Average ex-     Average ex-
                    Region                                   Species                vessel meat     vessel fin
                                                                                       price           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             1.30  ..............
                                                 only).
                                                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


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