Federal Register / Vol. 87, No. 69 / Monday, April 11, 2022 / Proposed Rules 21077 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: April 2, 2022. 

K.C. Becker, 

Regional Administrator, Region 8. 

[FR Doc. 2022–07411 Filed 4–8–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 220405–0084] 

RIN 0648–BL17 

Atlantic Highly Migratory Species; 

Shortfin Mako Shark Retention Limit 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS is proposing to 

implement a flexible shortfin mako 

shark retention limit with a default limit 

of zero in commercial and recreational 

Atlantic highly migratory species (HMS) 

fisheries. NMFS proposes to leave the 

default limit of zero in place unless and 

until changed. Changes to the retention 

limit could only be made based on 

regulatory criteria and only if consistent 

with an allowable retention 

determination made by the International 

Commission for the Conservation of 

Atlantic Tunas (ICCAT) pursuant to 

Recommendation 21–09. This action is 

necessary to implement the binding 

recommendation of ICCAT adopted in 

2021, as authorized under the Atlantic 

Tunas Convention Act (ATCA), and to 

achieve domestic management 

objectives under the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

DATES: Written comments must be 

received by May 11, 2022. NMFS will 

hold a public hearing via conference 

call and webinar for this proposed rule 

on April 27, 2022, from 2 p.m. to 5 p.m. 

EDT. For webinar registration 

information, see the SUPPLEMENTARY

INFORMATION section of this document. 

ADDRESSES: Electronic 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. 

You may submit comments on this 

document, identified by NOAA–NMFS– 

2022–0015, by electronic submission. 

Submit all electronic public comments 

via the Federal e-Rulemaking Portal. Go 

to https://www.regulations.gov and 

enter ‘‘NOAA–NMFS–2022–0015’’ in 

the Search box. Click on the 

‘‘Comment’’ icon, complete the required 

fields, and enter or attach your 

comments. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the close 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). 

FOR FURTHER INFORMATION CONTACT: 

Carrie Soltanoff (carrie.soltanoff@

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

noaa.gov) at 301–427–8503. 

SUPPLEMENTARY INFORMATION: North 

Atlantic shortfin mako sharks are 

managed primarily under the authority 

of the Magnuson-Stevens Act (16 U.S.C. 

1801 et seq.), as well as under ATCA (16 

U.S.C. 971 et seq.) because they are 

primarily caught in fisheries for tuna 

and tuna-like species. Like other 

Atlantic highly migratory species, North 

Atlantic shortfin mako sharks are 

managed under the 2006 Consolidated 

Atlantic HMS Fishery Management Plan 

(2006 Consolidated HMS FMP) and its 

amendments, implemented by 

regulations at 50 CFR part 635. 

NMFS has prepared an Environmental 

Assessment (EA), Regulatory Impact 

Review (RIR), and an Initial Regulatory 

Flexibility Analysis (IRFA), which 

analyze the anticipated environmental, 

social, and economic impacts of several 

alternatives for each of the major issues 

contained in this proposed rule. A brief 

summary of the alternatives considered 

and the background of this proposed 

rule are provided below. Additional 

information regarding this rule and 

overall Atlantic shark management can 

be found in the draft EA/RIR/IRFA, the 

2006 Consolidated HMS FMP and its 

amendments, the annual HMS Stock 

Assessment and Fishery Evaluation 

(SAFE) Reports, and online at https://

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

A copy of the draft EA/RIR/IRFA 

prepared for this proposed rule is 

available from NMFS (see ADDRESSES). 

Recent ICCAT Shortfin Mako Shark 

Stock Assessments and 

Recommendations 

The North Atlantic shortfin mako 

shark (Isurus oxyrinchus) is a highly 

migratory species that ranges across the 

entire North Atlantic Ocean and is 

caught by vessels from numerous 

countries. The stock is predominantly 

caught in association with fisheries that 

primarily target tunas and tuna-like 

species. While these sharks have been a 

valued component of U.S. recreational 

and commercial fisheries, U.S. catch 

represents only a small portion of the 

species’ total catch in the North Atlantic 

by all reporting countries. International 

measures are, therefore, critical to 

effective conservation and management 

of the species. 

In 2017, ICCAT’s scientific body, the 

Standing Committee on Research and 

Statistics (SCRS), conducted a 

benchmark stock assessment for North 

Atlantic shortfin mako sharks. ICCAT 

accepted the assessment and adopted 

new management measures for the stock 

in ICCAT fisheries (Recommendation 

17–08). These measures largely focused 

on maximizing live releases of North 

Atlantic shortfin mako sharks, allowing 

retention only in certain limited 

circumstances, increasing minimum 

size limits, and improving data 

collection. Further details are available 

in Amendment 11 to the 2006 

Consolidated HMS FMP (Amendment 

11; 84 FR 5358, February 21, 2019). 

Following the SCRS assessment, NMFS 

applied domestic stock status 

determination criteria in 2017 and 

determined the stock to be overfished 

and experiencing overfishing. 

In 2019, the SCRS completed a North 

Atlantic shortfin mako shark stock 

assessment update and provided 

additional rebuilding information that 

reflected rebuilding timeframes of two 

mean generation times (through 2070). 

Following the update, ICCAT adopted 

Recommendation 19–06, which 

maintained the shortfin mako shark 

management measures in 

Recommendation 17–08 and called for 

the development of additional measures 

in order to establish a rebuilding plan 

with a high probability of avoiding 

overfishing and rebuilding the stock to 

biomass at maximum sustainable yield 

(BMSY) within a timeframe that takes 

into account the biology of the stock. 

Given that Recommendation 19–06 

called for the development of additional 

measures in order to establish a 

rebuilding plan, ICCAT at the November 


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21078 Federal Register / Vol. 87, No. 69 / Monday, April 11, 2022 / Proposed Rules 

2021 annual meeting adopted additional 

management measures for North 

Atlantic shortfin mako sharks in 

Recommendation 21–09. This 

recommendation prohibits retention of 

North Atlantic shortfin mako sharks 

caught in association with ICCAT 

fisheries in 2022 and 2023. Limited 

retention of shortfin mako sharks may 

be allowed in 2023 and future years if 

ICCAT determines that fishing mortality 

is at a low enough level North Atlanticwide to allow retention consistent with 

the conservation objectives of the 

recommendation. The recommendation 

aims to limit total North Atlantic-wide 

shortfin mako shark fishing mortality to 

no more than 250 metric tons (mt), 

which, the recommendation states, is 

consistent with the conservation 

objectives and the 2019 SCRS Kobe 

matrix, meaning that, at that level of 

fishing mortality, it is expected that 

overfishing would not be occurring 

(fishing mortality rate (F) < FMSY) and 

the stock would not be overfished 

(spawning stock fecundity (SSF) > 

SSFMSY). The SCRS will calculate the 

annual retention possibility each year 

based on reported dead discards; live 

releases; and, where allowed, earlier 

retention of shortfin mako sharks (with 

the SCRS providing estimates for any 

data gaps), and subtracting the amount 

of that fishing mortality from 250 mt. If 

applicable, the SCRS will also calculate 

eligible parties’ individual retention 

allowances each year, based on the 

overall retention allowance and average 

annual catches from 2013 through 2016. 

The recommendation also calls on the 

SCRS and Panel 4 to test and confirm 

the appropriateness of the approach for 

allowing retention. The process and 

possible retention for 2023 will be 

discussed at an ICCAT Panel 4 

intersessional meeting and at the annual 

meeting, both in November 2022. 

Recommendation 21–09 also includes 

minimum standards for safe handling 

and release procedures and enhanced 

reporting and compliance requirements, 

which are consistent with existing HMS 

regulations and do not require 

additional rulemaking for U.S. 

implementation. The recommendation 

calls on the SCRS to continue to 

prioritize research such as identifying 

mating, pupping and nursery grounds, 

and other high concentration areas of 

North Atlantic shortfin mako sharks, 

options for spatial-temporal measures, 

and mitigation measures. By 2024, the 

SCRS will advise ICCAT on whether 

size restrictions are effective tools to 

meet required mortality reductions. 

Future North Atlantic shortfin mako 

shark stock assessments are called for in 

2024, 2029, and 2034. 

Recent U.S. Shortfin Mako Shark 

Management 

Following the adoption of ICCAT 

Recommendation 17–08 and NMFS’ 

determination that the North Atlantic 

shortfin mako shark stock is overfished 

with overfishing occurring, NMFS took 

action to implement the binding ICCAT 

recommendation to immediately 

address overfishing and begin to rebuild 

the shortfin mako shark stock. NMFS 

first published an emergency rule in 

2018 (83 FR 8946, March 2, 2018; 

measures extended through March 2019, 

83 FR 42452, August 22, 2018) followed 

by Amendment 11, with a final rule 

issued in 2019 (84 FR 5358, February 

21, 2019), to reduce fishing mortality of 

shortfin mako sharks in HMS 

commercial and recreational fisheries. 

These rules allowed retention only in 

certain limited circumstances, increased 

minimum size limits for retention in the 

recreational fisheries, and improved 

data collection. In commercial fisheries, 

Amendment 11 allowed retention of 

shortfin mako sharks with pelagic 

longline gear only if the shark is dead 

at haulback and there is a functional 

electronic monitoring system on board 

the vessel, consistent with the ICCAT 

requirement. Amendment 11 also 

allowed retention of shortfin mako 

sharks caught with bottom longline or 

gillnet gear by persons issued a Directed 

or Incidental shark limited access 

permit (LAP) if the shark is dead at 

haulback, without an electronic 

monitoring requirement, given the small 

number of shortfin mako sharks that are 

caught in those fisheries and NMFS’ 

determination that additional 

monitoring was not necessary. In 

recreational fisheries, Amendment 11 

implemented an increase in the 

minimum size limit for the retention of 

shortfin mako sharks from 54 inches 

fork length (FL) (137 cm FL) to 71 

inches FL (180 cm FL) for male shortfin 

mako sharks and 83 inches FL (210 cm 

FL) for female shortfin mako sharks. 

Amendment 11 also expanded the 

requirement for the use of circle hooks 

to all recreational shark fisheries in 

order to reduce post-release mortality of 

shortfin mako sharks (the use of circle 

hooks was already required in 

recreational shark fisheries south of 

Chatham, MA, and for all pelagic 

longline and bottom longline vessels). 

At the time of the 2017 shortfin mako 

shark stock assessment and adoption of 

Recommendation 17–08, U.S. catches 

represented approximately 14 percent, 

on average, of total North Atlantic 

shortfin mako catch. The measures in 

the emergency rule and Amendment 11 

were successful at reducing overall U.S. 

shortfin mako shark catch by 90 percent 

from 2013–2017 average levels, to 

approximately 3 percent of total North 

Atlantic shortfin mako shark catch in 

2020. 

Proposed Measures 

In order to meet domestic 

management objectives, implement 

Recommendation 21–09, and 

acknowledge the possibility of future 

retention, NMFS is proposing to 

implement a flexible shortfin mako 

shark retention limit with a default limit 

of zero in commercial and recreational 

HMS fisheries. Consistent with current 

ICCAT provisions, the retention limit 

would be established as zero until 

Atlantic-wide catch levels are below 250 

mt, a level that has a high probability of 

ending overfishing and starting to 

rebuild the stock. ICCAT determined 

that this measure was needed to bring 

catch levels down to or below that 

amount by all ICCAT parties, and thus 

was an important measure contributing 

to conservation and management of the 

stock. The shortfin mako shark retention 

limit per trip of zero would be in place 

unless and until changed after 

consideration of regulatory criteria and 

consistent with any ICCAT retention 

allowances pursuant to 

Recommendation 21–09. The retention 

limit per trip would apply to 

commercial vessels issued a Directed or 

Incidental shark LAP using pelagic 

longline, bottom longline, or gillnet 

gear, and to recreational HMS permit 

holders (those who hold HMS Angling 

or Charter/Headboat permits, and 

Atlantic Tunas General category and 

Swordfish General Commercial permits 

when participating in a registered HMS 

tournament). Under the default limit of 

zero and existing prohibitions for other 

gear types (see §§ 635.21(a)(4) and 

635.24(a)(4)(i) and (iii)), all commercial 

and recreational fishermen would be 

required to release all shortfin mako 

sharks, whether dead or alive at 

haulback. 

During the fishing year, based on 

consideration of the inseason trip limit 

adjustment criteria (§ 635.24(a)(8)) and 

to the extent any future retention is 

allowable as determined by ICCAT 

consistent with Recommendation 21– 

09, NMFS could increase the shortfin 

mako shark retention limit from the 

default, or subsequently decrease the 

retention limit, for the commercial 

fishery, the recreational fishery, or both. 

If a retention limit greater than zero is 

implemented for the commercial 

fishery, the current commercial shortfin 

mako shark restrictions would apply, 


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including allowing retention of shortfin 

mako sharks caught using only gillnet, 

bottom longline, or pelagic longline gear 

on properly-permitted vessels, if the 

sharks are dead at haulback, and 

requiring vessels with pelagic longline 

gear to have a functional electronic 

monitoring system to retain shortfin 

mako sharks. Similarly, if a retention 

limit greater than zero is implemented 

for the recreational fishery, the current 

recreational shortfin mako shark 

restrictions would apply, including 

minimum size limits of 71 inches FL 

(180 cm FL) for male and 83 inches FL 

(210 cm FL) for female shortfin mako 

sharks. For vessels that hold both a 

commercial shark permit and a permit 

with a shark endorsement, the current 

requirements at §§ 635.22(c)(7) and 

635.24(a)(4)(iii) would apply. Vessels 

that hold such combinations of permits 

are prohibited from selling shortfin 

mako sharks, are required to follow the 

recreational limits, and cannot sell any 

sharks if retaining shortfin mako sharks. 

While no upper retention limit is being 

set in this action, any increase in 

retention limit would need to be 

consistent with ICCAT 

recommendations and could only be 

implemented after considering the 

regulatory criteria. 

The flexible retention limit as 

proposed would apply in the HMS 

bottom longline and gillnet fisheries for 

sharks, although those fisheries are not 

considered to be ICCAT fisheries, which 

are defined as fisheries for tuna or tunalike species under the current ICCAT 

Convention. This approach is consistent 

with the approach taken in Amendment 

11, where NMFS determined it was 

appropriate to implement parallel 

management measures in the nonICCAT shark fisheries given that the 

stock remained overfished with 

overfishing occurring. This approach 

would ensure consistency in HMS 

regulations, which will provide clarity 

for both the regulated community and 

for enforcement purposes and thus 

ensure more effective implementation. 

NMFS did not, however, implement the 

ICCAT requirement that electronic 

monitoring be onboard in these 

fisheries, because bottom longline and 

gillnet fisheries have minimal 

interactions with this species, and 

electronic monitoring was unnecessary 

to track such interactions effectively. 

Under this rule, after considering the 

measures implemented under 

Amendment 11 that considered the 

requirements of the Magnuson-Stevens 

Act, the status of shortfin mako sharks, 

and the need for consistency, NMFS is 

proposing to apply a flexible retention 

limit with a default of zero to these 

gears. 

Under this proposed rule, research 

and sampling of shortfin mako sharks 

would continue to be allowed under 

exempted fishing permits (EFPs) and 

scientific research permits (SRPs) (see 

§§ 635.27(b)(4) and 635.32). Collection 

of shortfin mako sharks under display 

permits would not be allowed, and 

collection of shortfin mako sharks for 

research under EFPs and/or SRPs would 

be considered on a case-by-case basis. 

Collection of shortfin mako sharks 

under EFPs and/or SRPs could include 

sampling or limited retention where 

needed for scientific research. Only 

non-lethal sampling would be permitted 

on shortfin mako sharks that are alive at 

haulback. NMFS intends to limit any 

EFPs and/or SRPs to closely monitored 

studies and to limit the number of such 

permits and the number of sharks that 

may be sampled and/or retained. In 

recent years (2018–2021), NMFS has 

issued eight EFPs and related permits 

per year on average that include shortfin 

mako sharks, and zero to one shortfin 

mako sharks were retained per year 

under those permits. When retention is 

otherwise prohibited, any retention 

pursuant to an EFP and/or SRP would 

be accounted for under the applicable 

shark research and display quota. If 

retention is otherwise permitted 

consistent with ICCAT 

recommendations, NMFS would count 

any retention under EFPs and/or SRPs 

against the applicable ICCAT retention 

allowance. Research on shortfin mako 

sharks is critical to gathering scientific 

information about the stock and to help 

ensure that stock assessments have 

sufficient data. Permitted collection of 

shortfin mako sharks for scientific 

research would be consistent with the 

biological sampling and research needs 

described in Recommendation 21–09 

and other relevant ICCAT 

recommendations, as well as research 

needs identified by the SCRS, including 

to provide data for future shortfin mako 

shark stock assessments. For example, 

Recommendations 21–09 and 13–10 

provide for collection of biological 

samples of shortfin mako and other 

sharks that are dead at haulback during 

commercial fishing operations by 

scientific observers or individuals duly 

permitted by the ICCAT party. If NMFS 

receives EFP or SRP applications that 

are outside the scope described in this 

action, NMFS would provide notice to 

the public and solicit comments through 

the annual EFP notice of intent. 

NMFS is also proposing a minor 

modification to the pelagic longline gear 

restrictions at § 635.21(c)(1)(iv) to 

further clarify the shortfin mako shark 

live release requirements. 

In addition to the proposed measures, 

in the EA for this action, NMFS 

analyzed a no action alternative that 

would maintain the current commercial 

and recreational shortfin mako shark 

regulations as implemented under 

Amendment 11, and an alternative to 

place shortfin mako sharks on the 

prohibited sharks list in the HMS 

regulations (see §§ 635.24(a)(5), 

635.34(c), and Table 1, section D, in 

appendix A to 50 CFR part 635). The EA 

for this action describes the impacts of 

those two alternatives and the preferred 

alternative proposed here. 

Request for Comments 

NMFS is requesting comments on this 

proposed rule which may be submitted 

via www.regulations.gov or at a public 

conference call/webinar. NMFS solicits 

comments on this action by May 11, 

2022 (see DATES and ADDRESSES). 

During the comment period, NMFS 

will hold a public hearing via 

conference call and webinar for this 

proposed action. Information on the 

conference call and webinar will be 

posted at: https://www.fisheries.

noaa.gov/action/proposed-changesatlantic-shortfin-mako-shark-retentionlimits. Requests for sign language 

interpretation or other auxiliary aids 

should be directed to Carrie Soltanoff at 

carrie.soltanoff@noaa.gov or 301–427– 

8503, at least 7 days prior to the 

meeting. 

The public is reminded that NMFS 

expects participants at a public webinar 

to conduct themselves appropriately. At 

the beginning of the webinar, the 

moderator will explain how the webinar 

will be conducted and how and when 

participants can provide comments. 

NMFS representative(s) will structure 

the conference call and webinars so that 

all members of the public will be able 

to comment, if they so choose, 

regardless of the controversial nature of 

the subject(s). Participants are expected 

to respect the ground rules, and those 

that do not may be asked to leave the 

webinar. 

Classification 

The NMFS Assistant Administrator 

has determined that the proposed rule is 

consistent with the 2006 Consolidated 

HMS FMP and its amendments, other 

provisions of the Magnuson-Stevens 

Act, ATCA, and other applicable law, 

subject to further consideration after 

public comment. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 


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21080 Federal Register / Vol. 87, No. 69 / Monday, April 11, 2022 / Proposed Rules 

This proposed rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995. 

An IRFA was prepared, as required by 

section 603 of the Regulatory Flexibility 

Act (RFA). The IRFA describes the 

economic impact this proposed rule, if 

adopted, would have on small entities. 

A description of the action, why it is 

being considered, and the legal basis for 

this action are contained at the 

beginning of this section in the 

preamble and in the SUMMARY section of 

the preamble. A summary of the 

analysis follows. A copy of this analysis 

is available from NMFS (see 

ADDRESSES). 

Section 603(b)(1) requires agencies to 

describe the reasons why the action is 

being considered. In compliance with 

section 603(b)(1) of the RFA, the 

purpose of this proposed rulemaking is, 

consistent with the 2006 Consolidated 

HMS FMP objectives, the MagnusonStevens Act, ATCA, and other 

applicable law, to analyze the impacts 

of the alternatives for implementing the 

ICCAT-recommended limit on retention 

of North Atlantic shortfin mako sharks. 

Section 603(b)(2) of the RFA requires 

agencies to state the objectives of, and 

legal basis for, the proposed action. In 

compliance with section 603(b)(2) of the 

RFA, the objective of this proposed 

rulemaking is to implement ICCAT 

recommendation consistent with ATCA 

and achieve domestic management 

objectives under the Magnuson-Stevens 

Act. 

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. 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. The Small 

Business Administration (SBA) has 

established size standards for all other 

major industry sectors in the United 

States, including the scenic and 

sightseeing transportation (water) sector 

(NAICS code 487210), which includes 

for-hire (charter/party boat) fishing 

entities. The SBA has defined a small 

entity under the scenic and sightseeing 

transportation (water) sector as one with 

average annual receipts (revenue) of less 

than $8.0 million. 

NMFS considers all HMS permit 

holders, both commercial and for-hire, 

to be small entities because they had 

average annual receipts of less than 

their respective sector’s standard of $11 

million and $8 million. Regarding those 

entities that would be directly affected 

by the proposed measures, the average 

annual revenue per active pelagic 

longline vessel is estimated to be 

$202,000, based on approximately 90 

active vessels that produced an 

estimated $18.2 million in revenue in 

2020, well below the NMFS small 

business size standard for commercial 

fishing businesses of $11 million. No 

single pelagic longline vessel has 

exceeded $11 million in revenue in 

recent years. Other non-longline HMS 

commercial fishing vessels typically 

earn less revenue than pelagic longline 

vessels and, thus, would also be 

considered small entities. 

The proposed rule would apply to the 

213 Shark Directed LAP holders, 256 

Shark Incidental LAP holders, and 4,055 

HMS Charter/Headboat permit holders, 

based on 2021 data. Of those HMS 

Charter/Headboat permit holders, 3,021 

obtained shark endorsements. In 2018 

and 2019, 800 HMS for-hire trips 

targeting shortfin mako sharks were 

taken per year on average (7 percent on 

average of total HMS for-hire trips), 

from Maine to Virginia as captured in 

Large Pelagics Survey data. These trips 

were taken by, on average, 10 percent of 

HMS for-hire charter/headboat vessels. 

On average, there were 44 Atlantic HMS 

tournaments that targeted pelagic sharks 

(primarily shortfin mako sharks) in 2018 

through 2021. There were 

approximately 1,555 directed shortfin 

mako shark trips in registered HMS 

tournaments on average in 2018 through 

2021. On average, 26 federallypermitted dealers per year purchased 

shortfin mako sharks in 2018 through 

2020. NMFS has determined that the 

preferred alternative would not likely 

directly affect any small organizations 

or small government jurisdictions 

defined under RFA, nor would there be 

disproportionate economic impacts 

between large and small entities. 

Section 603(b)(4) of the RFA requires 

agencies to describe any new reporting, 

record-keeping, and other compliance 

requirements. This proposed rule does 

not contain any new collection of 

information, reporting, or recordkeeping requirements. 

Under section 603(b)(5) of the RFA, 

agencies must identify, to the extent 

practicable, relevant Federal rules 

which duplicate, overlap, or conflict 

with the proposed action. Fishermen, 

dealers, and managers in these fisheries 

must comply with a number of 

international agreements, domestic 

laws, and other fishery management 

measures. These include, but are not 

limited to, the Magnuson-Stevens Act, 

ATCA, the High Seas Fishing 

Compliance Act, the Marine Mammal 

Protection Act, the Endangered Species 

Act, the National Environmental Policy 

Act, the Paperwork Reduction Act, and 

the Coastal Zone Management Act. This 

proposed action has been determined 

not to duplicate, overlap, or conflict 

with any Federal rules. 

Under section 603(c) of the RFA, 

agencies must describe any significant 

alternatives to the proposed rule which 

accomplish the stated objectives of 

applicable statutes and which minimize 

any significant economic impact of the 

proposed rule on small entities. 

Specifically, the RFA (5 U.S.C. 

603(c)(1)–(4)) lists four general 

categories of significant alternatives to 

assist an agency in the development of 

significant alternatives. These categories 

of alternatives are: (1) Establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) clarification, consolidation, 

or simplification of compliance and 

reporting requirements under the rule 

for such small entities; (3) use of 

performance rather than design 

standards; and, (4) exemptions from 

coverage of the rule, or any part thereof, 

for small entities. 

NMFS examined each of these 

categories of alternatives. Regarding the 

first, second, and fourth categories, 

NMFS cannot establish differing 

compliance or reporting requirements 

for small entities or exempt small 

entities from coverage of the rule or 

parts of it because all of the businesses 

impacted by this rule are considered 

small entities and thus the requirements 

are already designed for small entities. 

NMFS does not know of any 

performance or design standards that 

would satisfy the aforementioned 

objectives of this rulemaking while, 

concurrently, complying with the 

Magnuson-Stevens Act. As described 

below, NMFS analyzed several different 

alternatives in this proposed 

rulemaking, and provides rationales for 

identifying the preferred alternative to 

achieve the desired objectives. 

The alternatives considered and 

analyzed are described below. The IRFA 

assumes that each vessel will have 

similar catch and gross revenues to 

show the relative impact of the 

proposed action on vessels. 

Alternative 1, the no action 

alternative, would not implement any 

new management measures in the 

commercial or for-hire shark fisheries to 

decrease mortality of shortfin mako 

sharks. In recent years, about 49,000 

pounds dressed weight (dw) (22,000 

kilograms dw) of shortfin mako sharks 

have been landed commercially on 

average from 2018 through 2020 and the 

commercial revenues from shortfin 

mako sharks have averaged 


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approximately $96,000 per year. The 

number of pounds of shortfin mako 

shark landed, revenue, and number of 

pelagic longline vessels that landed 

shortfin mako sharks was lower in 2020 

compared to 2018 and 2019 (average 

landings in 2018 and 2019 were 55,700 

pounds dw (25,000 kilograms dw), 

average revenue was approximately 

$109,600 per year, and average number 

of pelagic longline vessels landing 

shortfin mako sharks was 53). Almost 

all of the shortfin mako shark 

commercial landings, based on dealer 

reports, were made by pelagic longline 

vessels. An average of 49 pelagic 

longline vessels landed shortfin mako 

sharks from 2018 through 2020. 

Therefore, the average annual revenue 

from shortfin mako shark landings per 

pelagic longline vessel is approximately 

$1,960 per year ($96,000/49) under the 

current regulations. For-hire shark 

fishing operations by HMS Charter/ 

Headboat permit holders as well as 

HMS tournament operations would also 

remain the same. This alternative would 

result in no additional economic 

impacts on small entities associated 

with these fisheries in the short- or longterm. 

Alternative 2, the preferred 

alternative, would implement a flexible 

shortfin mako shark retention limit with 

a default limit of zero. The limit of zero 

would be in place unless and until 

changed after considering inseason trip 

limit adjustment criteria (§ 635.24(a)(8)) 

and when consistent with ICCAT 

retention allowances pursuant to 

Recommendation 21–09. This would 

apply to commercial vessels issued a 

Directed or Incidental shark LAP and to 

HMS Charter/Headboat permit holders. 

Under a retention limit of zero, HMS 

for-hire fishermen and commercial 

vessels would be required to release all 

shortfin mako sharks that are alive at 

haulback and discard all shortfin mako 

sharks that are dead at haulback. In 

recent years, about 49,000 pounds dw 

(22,000 kilograms dw) of shortfin mako 

sharks have been landed commercially 

on average from 2018 through 2020, and 

the commercial revenues from shortfin 

mako sharks have averaged 

approximately $96,000 fishery-wide per 

year. Almost all of the shortfin mako 

shark commercial landings, based on 

dealer reports, were made by pelagic 

longline vessels. An average of 49 

pelagic longline vessels landed shortfin 

mako sharks from 2018 through 2020. 

Therefore, the average loss in annual 

revenue from shortfin mako shark 

landings per pelagic longline vessel that 

landed shortfin mako sharks would be 

approximately $1,960 per year ($96,000/ 

49). However, the overall economic 

impacts associated with these 

reductions in revenue are not expected 

to be substantial, as shortfin mako 

sharks comprise less than one percent of 

total HMS ex-vessel revenues on 

average. Additionally, the magnitude of 

shortfin mako landings by other 

commercial gear types (bottom longline 

and gillnet) is very small. This 

alternative would have minor economic 

costs on small entities in those 

commercial fisheries compared to the 

no action alternative because these 

measures would reduce the number of 

shortfin mako sharks landed and sold by 

these fishing vessels. Shortfin mako 

sharks are rarely a target species, 

however, and generate much less 

revenue overall than other more 

valuable target species. In for-hire 

fisheries and tournaments, retention 

would be prohibited, and fishermen 

would only be authorized to catch and 

release shortfin mako sharks. A 

retention limit of zero for shortfin mako 

sharks is likely to be a disincentive to 

fishing by some portion of the for-hire 

shark fishery, particularly those 

individuals that would otherwise have 

planned to target and retain shortfin 

mako sharks. Charter/headboat 

operators may experience some decline 

in demand if shortfin mako sharks may 

not be retained, resulting in minor 

adverse economic impacts. For Atlantic 

HMS tournaments, the 1,555 directed 

shortfin mako shark trips, on average, 

that take place in HMS tournaments 

would likely no longer take place, 

resulting in a loss of approximately $1.1 

million in expenditures, out of an 

estimated $85.6 million in total HMS 

tournament expenditures by 

participating teams. Overall, this 

alternative would have minor economic 

costs on small entities in the short-term 

compared to the no action alternative. 

During the fishing year, based on the 

inseason trip limit adjustment criteria 

(§ 635.24(a)(8)), and to the extent 

consistent with any future retention 

allowance that is determined by ICCAT 

pursuant to Recommendation 21–09, 

NMFS could increase the shortfin mako 

shark retention limit for the commercial 

fishery, the recreational fishery, or both, 

as appropriate. If the retention limit for 

the commercial and recreational 

fisheries is greater than zero, the current 

shortfin mako shark regulatory 

requirements, described under 

Alternative 1, would apply. This would 

result in no additional economic 

impacts on small entities associated 

with this fishery in the long-term 

compared to the no action alternative. 

Alternative 3 would place shortfin 

mako on the prohibited sharks list to 

prohibit any catch or retention of 

shortfin mako sharks in commercial and 

recreational HMS fisheries. See Table 1, 

section D, in appendix A to 50 CFR part 

635 (prohibited sharks list), 

§ 635.24(a)(5) (related vessel 

restrictions), and § 635.34(c) (criteria for 

adding species to, or removing species 

from, the prohibited shark species 

group). The overall economic impacts 

associated with reductions in revenue 

for the commercial and for-hire fisheries 

and HMS tournaments would be similar 

to those described under Alternative 2 

and are not expected to be substantial, 

as shortfin mako sharks comprise less 

than one percent of total HMS ex-vessel 

revenues on average. This alternative 

would have minor economic costs on 

small entities in commercial fisheries 

because no shortfin mako sharks would 

be landed and sold by these fishing 

vessels under these measures. Shortfin 

mako sharks are rarely a target species, 

however, and generate less revenue 

overall than other more valuable target 

species. In for-hire fisheries and 

tournaments, retention would be 

prohibited, and fishermen would only 

be authorized to catch and release 

shortfin mako sharks. A prohibition on 

the retention of shortfin mako sharks is 

likely to be a disincentive for some 

portion of the for-hire shark fishery, 

particularly those individuals that 

would otherwise have planned to target 

and retain shortfin mako sharks. 

Charter/headboat operators may 

experience some decline in demand, 

resulting in adverse economic impacts. 

For Atlantic HMS tournaments, the 

1,555 directed shortfin mako shark trips, 

on average, that take place in HMS 

tournaments would likely no longer take 

place, resulting in a loss of 

approximately $1.1 million in 

expenditures, out of an estimated $85.6 

million in total HMS tournament 

expenditures by participating teams. 

Overall, Alternative 3 would have minor 

economic costs on small entities in the 

short- and long-term. 

List of Subjects in 50 CFR Part 635 

Fisheries, Fishing, Fishing vessels, 

Foreign relations, Imports, Penalties, 

Reporting and recordkeeping 

requirements, Statistics, Treaties. 

Dated: April 5, 2022. 

Carrie Robinson, 

Acting Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 635 is proposed 

to be amended as follows: 


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21082 Federal Register / Vol. 87, No. 69 / Monday, April 11, 2022 / Proposed Rules 

PART 635—ATLANTIC HIGHLY 

MIGRATORY SPECIES 

■ 1. The authority citation for part 635 

continues to read as follows: 

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

1801 et seq. 

■ 2. In § 635.20, revise paragraph (e)(6) 

to read as follows: 

§ 635.20 Size limits. 

* * * * * 

(e) * * * 

(6) For shortfin mako sharks landed 

when the recreational retention limit 

specified at § 635.22(c)(8) is greater than 

zero, males must be at least 71 inches 

(180 cm) fork length, and females must 

be at least 83 inches (210 cm) fork 

length. 

* * * * * 

■ 3. In § 635.21, revise paragraph 

(c)(1)(iv) to read as follows: 

§ 635.21 Gear operation and deployment 

restrictions. 

* * * * * 

(c) * * * 

(1) * * * 

(iv) Has pelagic longline gear on 

board, persons aboard that vessel are 

required to promptly release in a 

manner that causes the least harm any 

shortfin mako shark that is alive at the 

time of haulback, consistent with the 

requirements specified at paragraphs 

(a)(1) and (c)(6)(i) of this section. When 

the commercial retention limit specified 

at § 635.24(a)(4)(v) is greater than zero, 

any shortfin mako shark that is dead at 

the time of haulback may be retained 

provided the electronic monitoring 

system is installed and functioning in 

compliance with the requirements at 

§ 635.9. 

* * * * * 

■ 4. In § 635.22, revise paragraph (c)(2) 

and add paragraph (c)(8) to read as 

follows: 

§ 635.22 Recreational retention limits. 

* * * * * 

(c) * * * 

(2) Only one shark from the following 

list may be retained per vessel per trip, 

subject to the size limits described in 

§ 635.20(e)(2) and (4): Atlantic blacktip, 

Gulf of Mexico blacktip, bull, great 

hammerhead, scalloped hammerhead, 

smooth hammerhead, lemon, nurse, 

spinner, tiger, blue, common thresher, 

oceanic whitetip, porbeagle, Atlantic 

sharpnose, finetooth, Atlantic 

blacknose, Gulf of Mexico blacknose, 

and bonnethead. 

* * * * * 

(8) At the start of each fishing year, 

the default shortfin mako shark 

retention limit of zero sharks per vessel 

per trip will apply. During the fishing 

year, NMFS may adjust the default 

shortfin mako shark trip limit per the 

inseason trip limit adjustment criteria 

listed in § 635.24(a)(8). Any retention 

within the trip limit is subject to the 

size limits described in § 635.20(e)(6). 

* * * * * 

■ 5. In § 635.24: 

■ a. Add a heading for paragraph (a)(4); 

■ b. Revise paragraphs (a)(4)(i) and (iii); 

■ c. Add paragraph (a)(4)(v); 

■ d. Revise paragraphs (a)(8)(v) and (vi); 

and 

■ e. Add paragraph (a)(8)(vii). 

The additions and revisions read as 

follows: 

§ 635.24 Commercial retention limits for 

sharks, swordfish, and BAYS tunas. 

* * * * * 

(a) * * * 

(4) Additional retention limits for 

sharks. (i) Except as provided in 

§ 635.22(c)(7), a person who owns or 

operates a vessel that has been issued a 

directed shark LAP may retain, possess, 

land, or sell pelagic sharks if the pelagic 

shark fishery is open per §§ 635.27 and 

635.28. Shortfin mako sharks may be 

retained by persons aboard vessels using 

pelagic longline, bottom longline, or 

gillnet gear only if NMFS has adjusted 

the commercial retention limit above 

zero pursuant to paragraph (a)(4)(v) of 

this section and only if the shark is dead 

at the time of haulback and consistent 

with the provisions of §§ 635.21(c)(1), 

(d)(5), and (g)(6) and 635.22(c)(7). 

* * * * * 

(iii) Consistent with paragraph 

(a)(4)(ii) of this section, a person who 

owns or operates a vessel that has been 

issued an incidental shark LAP may 

retain, possess, land, or sell no more 

than 16 SCS and pelagic sharks, 

combined, per vessel per trip, if the 

respective fishery is open per §§ 635.27 

and 635.28. Of those 16 SCS and pelagic 

sharks per vessel per trip, no more than 

8 shall be blacknose sharks. Shortfin 

mako sharks may only be retained under 

the commercial retention limits by 

persons using pelagic longline, bottom 

longline, or gillnet gear only if NMFS 

has adjusted the commercial retention 

limit above zero pursuant to paragraph 

(a)(4)(v) of this section and only if the 

shark is dead at the time of haulback 

and consistent with the provisions at 

§ 635.21(c)(1), (d)(5), and (g)(6). If the 

vessel has also been issued a permit 

with a shark endorsement and retains a 

shortfin mako shark, recreational 

retention limits apply to all sharks 

retained and none may be sold, per 

§ 635.22(c)(7). 

* * * * * 

(v) At the start of each fishing year, 

the default shortfin mako shark 

retention limit of zero sharks will apply. 

During the fishing year, NMFS may 

adjust the default shortfin mako shark 

trip limit per the inseason trip limit 

adjustment criteria listed in paragraph 

(a)(8) of this section. 

* * * * * 

(8) * * * 

(v) Variations in seasonal distribution, 

abundance, or migratory patterns of the 

relevant shark species based on 

scientific and fishery-based knowledge; 

(vi) Effects of catch rates in one part 

of a region or sub-region precluding 

vessels in another part of that region or 

sub-region from having a reasonable 

opportunity to harvest a portion of the 

relevant quota; and/or 

(vii) Any shark retention allowance 

set by ICCAT, the amount of remaining 

allowance, and the expected or reported 

catch rates of the relevant shark species, 

based on dealer and other harvest 

reports. 

* * * * * 

■ 6. In § 635.27, revise paragraph 

(b)(4)(i) and add paragraph (b)(4)(v) to 

read as follows: 

§ 635.27 Quotas. 

* * * * * 

(b) * * * 

(4) * * * 

(i) The base annual quota for persons 

who collect LCS other than sandbar, 

SCS, pelagic sharks other than shortfin 

mako, blue sharks, porbeagle sharks, or 

prohibited species under a display 

permit or EFP is 57.2 mt ww (41.2 mt 

dw). 

* * * * * 

(v) No persons may collect shortfin 

mako sharks under a display permit. 

Collection of shortfin mako sharks for 

research under EFPs and/or scientific 

research permits (SRPs) may be 

considered on a case-by-case basis and 

any associated mortality would be 

deducted from the shark research and 

display quota if shortfin mako shark 

retention is otherwise prohibited or 

counted against U.S. allowable retention 

levels established at ICCAT when 

retention is allowed. 

* * * * * 

[FR Doc. 2022–07659 Filed 4–8–22; 8:45 am] 

BILLING CODE 3510–22–P 


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