[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Proposed Rules]
[Pages 17171-17176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05798]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 230315-0075]
RIN 0648-BK54
Atlantic Highly Migratory Species; Prohibiting Retention of
Oceanic Whitetip Sharks in U.S. Atlantic Waters and Hammerhead Sharks
in the U.S. Caribbean Sea
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes to prohibit the retention and possession of
oceanic whitetip sharks (Carcharhinus longimanus) in U.S. waters of the
Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea, and
[[Page 17172]]
hammerhead sharks (great (Sphyrna mokarran), smooth (S. zygaena), and
scalloped (S. lewini) hammerhead sharks) in U.S. waters of the
Caribbean Sea. NMFS is proposing this action in response to two
Biological Opinions (BiOps) for Atlantic Highly Migratory Species
(HMS): one for the pelagic longline (PLL) fishery and one for the non-
PLL fisheries. The BiOps strongly encouraged the inclusion of the
scalloped hammerhead shark Central and Southwest Atlantic Distinct
Population Segment (DPS) and the oceanic whitetip shark on the list of
prohibited sharks for recreational and/or commercial HMS fisheries.
This proposed rule could impact all HMS permitted fishermen.
DATES: Written comments must be received by May 22, 2023. NMFS will
hold a public hearing via webinar for this proposed rule on April 25,
2023, from 2 p.m. to 4 p.m. For webinar registration information, see
the SUPPLEMENTARY INFORMATION section of this document.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2023-0025, by electronic submission. Submit all electronic
public comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter ``NOAA-NMFS-2023-0025'' 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).
NMFS will hold a public hearing via conference call/webinar on this
proposed rule. For specific location, date and time, see the
SUPPLEMENTARY INFORMATION section of this document.
Copies of this proposed rule and supporting documents are available
from the HMS Management Division website at https://www.fisheries.noaa.gov/action/proposed-rule-retention-prohibition-oceanic-whitetip-sharks-us-atlantic-waters-and or by contacting Ann
Williamson at [email protected] or 301-427-8503.
FOR FURTHER INFORMATION CONTACT: Ann Williamson,
[email protected], or Karyl Brewster-Geisz, [email protected], 301-427-8503.
SUPPLEMENTARY INFORMATION:
Background
Atlantic shark fisheries are managed under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act; 16 U.S.C. 1801 et seq.) and the Atlantic Tunas Convention
Act (ATCA; 16 U.S.C. 971 et seq.). The 2006 Consolidated HMS Fishery
Management Plan (FMP) and its amendments are implemented by regulations
at 50 CFR part 635. ATCA authorizes the Secretary of Commerce to
promulgate such regulations as necessary and appropriate to carry out
recommendations of the International Commission for the Conservation of
Atlantic Tunas (ICCAT).
The Atlantic shark fisheries are composed of 42 species of sharks
including oceanic whitetip and scalloped hammerhead sharks. In 2014,
NMFS published a final rule (79 FR 38213, July 3, 2014) that, among
other things, issued a final determination listing the Central and
Southwest Atlantic DPS of scalloped hammerhead sharks as threatened
under the Endangered Species Act (ESA). This 2014 final rule defined
the Central and Southwest Atlantic DPS as bounded to the north by
28[deg] N lat., to the east by 30[deg] W long., and to the south by
36[deg] S lat. This DPS boundary included the U.S. exclusive economic
zone off Puerto Rico and the U.S. Virgin Islands. In 2018, NMFS
published a final rule (83 FR 4153, January 30, 2018) that determined
oceanic whitetip sharks warranted listing as a threatened species under
the ESA throughout its range.
In May 2020, NMFS issued two BiOps, the ``Biological Opinion on the
Operation of the HMS Fisheries excluding Pelagic Longline'' and the
``Biological Opinion on the Operation of the HMS Pelagic Longline
Fishery,'' prepared under section 7(a)(2) of the ESA. These BiOps
concluded consultation on the HMS PLL and non-PLL fisheries, as managed
under the 2006 Consolidated HMS FMP and its amendments.\1\ In these
BiOps, NMFS concluded that operations of the U.S. HMS PLL fishery and
non-PLL fisheries were not likely to jeopardize the continued existence
of either the scalloped hammerhead shark Central and Southwest Atlantic
DPS or oceanic whitetip sharks. Nevertheless, the BiOps included
conservation recommendations for oceanic whitetip shark and the
scalloped hammerhead shark Central and Southwest Atlantic DPS that
strongly encouraged the inclusion of these federally protected species
on the HMS list of prohibited shark species for recreational and/or
commercial HMS fisheries.
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\1\ In July 2022, NMFS requested reinitiation of consultation on
the effects of the HMS PLL fishery due to new information on
mortality of giant manta ray that exceeded estimates from the 2020
BiOp. Pending completion of this consultation, the fishery continues
to operate consistent with the Reasonable and Prudent Measures and
Terms and Conditions specified in the May 2020 BiOp, and NMFS
continues to monitor take of giant manta rays in the fishery.
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Amendment 1 to the 1999 FMP for Atlantic Tunas, Swordfish, and
Sharks (68 FR 74746, December 24, 2003) established regulatory
criteria, codified at Sec. 635.34(c), for adding or removing a shark
from the prohibited shark species group (Table 1 of Appendix A to 50
CFR part 635). Relevant to this proposed action, Sec. 635.34(c)
provides that NMFS may add species to the prohibited shark species
group if the species is determined to meet at least two of the
following four criteria:
(1) Biological information indicates that the stock warrants
protection;
(2) Information indicates that the species is rarely encountered or
observed caught in HMS fisheries;
(3) Information indicates that the species is not commonly
encountered or observed caught as bycatch in fishing operations for
species other than HMS; and
(4) The species is difficult to distinguish from other prohibited
species.
Additionally, in November 2010, ICCAT adopted Recommendations 10-07
and 10-08, which prohibits retaining onboard, transshipping, landing,
storing, selling, or offering for sale any part or whole carcass of
oceanic whitetip sharks and hammerhead sharks in the family Sphyrnidae
(except bonnethead sharks (S. tiburo)) taken in the Convention area in
association with ICCAT fisheries. These recommendations were adopted by
ICCAT to reduce fishing mortality of oceanic whitetip sharks and
hammerhead sharks. As a result, NMFS published a final rule to
implement Recommendations 10-07 and 10-08 (76 FR 53652, August 29,
2011). That final rule prohibited the retention, transshipping,
landing, storing, or selling of oceanic whitetip sharks and hammerhead
sharks (except bonnethead sharks) caught in association with ICCAT
fisheries. The rule prohibited the
[[Page 17173]]
retention of oceanic whitetip sharks and hammerhead sharks by HMS
commercially-permitted vessels that had PLL gear on board, and
recreational fishermen where tunas, swordfish, and/or billfish were
also retained. Specifically, in that rule, recreational fishermen
included fishermen fishing with a General category permit when
participating in an HMS tournament, or under an HMS Angling or Charter/
Headboat permit, where tunas, swordfish, and/or billfish are also
retained. Under the current regulations, recreational fishermen would
also include fishermen fishing with a Swordfish General Commercial
permit when participating in an HMS tournament. Commercial shark bottom
longline (BLL), gillnet, or handgear fisheries and shark recreational
fisheries when tunas, swordfish, and/or billfish are not retained were
not impacted by the 2011 rule because they were not considered ICCAT
fisheries (i.e., fisheries that target tunas, swordfish, and/or
billfish) and thus could continue to retain oceanic whitetip and
hammerhead sharks.
For this proposed rule, NMFS has prepared a draft Environmental
Assessment (EA), Regulatory Impact Review (RIR), and an Initial
Regulatory Flexibility Analysis (IRFA), which present and analyze the
anticipated environmental, social, and economic impacts of each
alternative considered for this proposed rule. A brief summary of the
alternatives considered is provided below. Additional information
regarding this action and Atlantic shark management overall 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
Reports, and online at https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species.
Proposed Measures
This proposed rule implements two of the conservation
recommendations from the May 2020 BiOps. NMFS is proposing to add
oceanic whitetip shark to the prohibited shark species group, remove
oceanic whitetip shark from the list of pelagic indicator species, and
prohibit the possession and retention of great, smooth, and scalloped
hammerhead sharks in the U.S. Caribbean region. As described below,
NMFS considered two alternatives concerning oceanic whitetip sharks and
five alternatives for the scalloped hammerhead shark Central and
Southwest DPS. These alternatives included both no action alternatives
and preferred alternatives. The purpose of this proposed action is to
reduce the mortality of oceanic whitetip sharks and the Central and
Southwest Atlantic DPS of scalloped hammerhead sharks, which are both
listed as threatened under the ESA. This effort would promote the
conservation and recovery of these threatened species.
Under the preferred alternative for oceanic whitetip sharks
(Alternative A2), NMFS would add oceanic whitetip sharks to the
prohibited shark species group using the criteria in Sec. 635.34(c).
Once added to the prohibited shark species group, the retention,
possession, landing, sale, and purchase of oceanic whitetip sharks or
parts of oceanic whitetip sharks would be prohibited in all commercial
and recreational HMS fisheries in U.S. waters of the Atlantic Ocean,
including the Gulf of Mexico and Caribbean Sea. As part of this
alternative, NMFS would also remove oceanic whitetip sharks from the
list of pelagic indicator species (Table 2 to Appendix A to Part 635)
because sharks in the prohibited shark species group cannot be
possessed or landed and therefore their presence onboard should not be
considered an indicator of a pelagic longline vessel. This alternative
could reduce the mortality of oceanic whitetip sharks and promote
conservation and recovery of this threatened species.
Per the criteria outlined in Sec. 635.34(c), oceanic whitetip
sharks currently meet the first, second, and third criteria. Regarding
the first criterion, as a result of a status review conducted under the
ESA, oceanic whitetip sharks are listed as threatened throughout their
range, which indicates that the stock warrants protection. Regarding
the second criterion, few oceanic whitetip sharks are caught in HMS
fisheries. From 2017 to 2021, no oceanic whitetip sharks were landed in
the commercial sector and interactions between HMS fisheries and
oceanic whitetip sharks are low. According to PLL HMS logbook data from
the same time period, all individuals were discarded (2,856 were
discarded alive and 425 were discarded dead) and there have been no
observed interactions between oceanic whitetip sharks and non-PLL
fisheries. In the recreational sector, the most recent harvest of
oceanic whitetip sharks occurred in 2021 and 2019, with one shark
harvested in each year. Thus, the species is not commonly encountered
or observed in HMS fisheries compared to target species. Regarding the
third criterion, oceanic whitetip sharks are not often seen in non-HMS
fisheries, and are therefore not commonly encountered or observed as
bycatch. Oceanic whitetip sharks do not meet the fourth criterion as
they can be identified relatively easily by their large, rounded, and
white-tipped dorsal and pectoral fins.
Under the preferred alternative for hammerhead sharks (Alternative
B4), NMFS would prohibit the possession and retention of hammerhead
sharks in the large coastal shark (LCS) complex (i.e., great, smooth,
and scalloped hammerhead sharks) in all HMS fisheries in the U.S.
Caribbean region, as defined at Sec. 622.2. Currently, commercial
vessels with gear types other than PLL (e.g., BLL, gillnet, or
handgear) can retain all hammerhead sharks. This alternative would
prohibit retention and possession of LCS hammerhead sharks for all HMS
commercial and recreational permit holders in the U.S. Caribbean
region, including in those instances where it was previously authorized
(i.e., recreational permit holders with a shark endorsement when tunas,
swordfish, and/or billfish are not retained). Due to the difficulty in
differentiating between the various species of LCS hammerhead sharks,
the preferred alternative applies to all LCS hammerhead sharks so as to
mitigate the potential for continued mortality from fishermen either
bringing hammerhead sharks on board to identify the species (increasing
the likelihood of post-release mortality) or unintentionally retaining
a scalloped hammerhead shark due to misidentification. This alternative
could reduce the mortality of hammerhead sharks and promote the
conservation and recovery of the scalloped hammerhead shark Central and
Southwest Atlantic DPS.
In addition to the proposed measures, in the EA for this action,
NMFS analyzed two no action alternatives (Alternatives A1 and B1) that
would maintain the status quo for oceanic whitetip sharks and
hammerhead sharks. NMFS does not prefer the no action alternatives
because they do not meet the objectives of the rule or the conservation
recommendations in the 2020 BiOps. The EA for this action also
describes the impacts of three other alternatives for hammerhead
sharks: prohibiting retention of scalloped hammerhead sharks in U.S.
waters of the Caribbean Sea (Alternative B2), prohibiting retention of
scalloped hammerhead sharks in all regions (i.e., U.S. waters of the
Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea)
(Alternative B3), and prohibiting retention of all LCS hammerhead
sharks in all regions (i.e., U.S. waters of the Atlantic Ocean,
including the Gulf of Mexico and Caribbean Sea) (Alternative B5).
[[Page 17174]]
Alternative B3 also includes an analysis on adding scalloped hammerhead
sharks to the prohibited shark species group using the criteria at
Sec. 635.34(c). At this time, NMFS does not prefer any alternative
that prohibits only the retention of scalloped hammerhead sharks
because NMFS recognizes that species identification can be difficult.
Not prohibiting retention of smooth and great hammerhead sharks could
result in scalloped hammerhead sharks experiencing continued mortality
due to misidentification. Further, NMFS does not prefer an alternative
that prohibits retention of all LCS hammerhead sharks in U.S. waters of
the Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea,
because it goes well beyond the conservation recommendations put forth
by the 2020 BiOps and would unnecessarily limit commercial and
recreational fisheries throughout U.S. waters of the Atlantic Ocean and
Gulf of Mexico from accessing LCS hammerhead sharks.
Request for Comments
NMFS is requesting comments on this proposed rule which may be
submitted via www.regulations.gov or at a public webinar. NMFS solicits
comments on this action by April 21, 2023 (see DATES and ADDRESSES).
During the comment period, NMFS will hold a public hearing via
webinar for this proposed action. Information on the webinar will be
posted at: https://www.fisheries.noaa.gov/action/proposed-rule-retention-prohibition-oceanic-whitetip-sharks-us-atlantic-waters-and.
Requests for sign language interpretation or other auxiliary aids
should be directed to Ann Williamson at [email protected] or 301-
427-8503, at least 7 days prior to the meeting.
At the beginning of each webinar, the moderator will explain how
the webinar will be conducted and how and when participants can provide
comments. The NMFS representative(s) will structure the 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 webinars.
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.
An IRFA was prepared, as required by section 603 of the Regulatory
Flexibility Act (RFA). The IRFA describes the economic impact that 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. The purpose of this proposed rulemaking is
to reduce the mortality of oceanic whitetip sharks and the scalloped
hammerhead shark Central and Southwest Atlantic DPS, which are listed
as threatened under the ESA, consistent with the objectives of the 2006
Consolidated HMS FMP and its amendments, the Magnuson-Stevens Act, the
2020 BiOps, and other applicable law. This effort would promote the
conservation and recovery of these threatened species. Implementation
of the proposed rule would further the management goals and objectives
stated in the 2006 Consolidated HMS FMP and its amendments.
Section 603(b)(2) of the RFA requires agencies to state the
objectives of, and legal basis for, the proposed action. The objective
of this proposed rulemaking is to add oceanic whitetip sharks to the
prohibited shark species group using the criteria in Sec. 635.34(c)
and to prohibit the commercial and recreational retention of LCS
hammerhead sharks in the U.S. Caribbean region. The legal basis for the
proposed rule is 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 proposed rule
would apply. For RFA compliance purposes, NMFS established a small
business size standard of $11 million in annual gross receipts for all
businesses in the commercial fishing industry (NAICS 11411). 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 $14 million. Therefore, 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 $14 million. The 2021 total ex-
vessel annual revenue for the shark fishery was approximately $2.4
million. Since a small business is defined as having annual receipts
not in excess of $11 million, each individual shark fishing entity
would fall within the small business definition. Thus, all of the
entities affected by this rule are considered to be small entities for
the purposes of the RFA. As of October 2022, there were 206 Shark
Directed permits, 241 Shark Incidental permits, 76 HMS Commercial
Caribbean Small Boat permits, 4,175 Charter/Headboat permits (with
2,994 shark endorsements and 1,873 commercial sale endorsements),
23,607 Angling permits (with 12,978 shark endorsements), and 603
Atlantic Tunas General and Swordfish General Commercial permits (with
388 shark endorsements). For more information regarding the
distribution of these permits across states and territories please see
the HMS Stock Assessment and Fishery Evaluation Report.
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 record-keeping requirements. This proposed rule would add
oceanic whitetip sharks on the prohibited shark species group using the
criteria in Sec. 635.34(c) to prohibit the commercial and recreational
retention of oceanic whitetip sharks for all HMS permit holders in U.S.
waters of the Atlantic Ocean, including the Gulf of Mexico and
Caribbean Sea. This proposed rule would also prohibit the commercial
and recreational retention of LCS hammerhead sharks for all HMS permit
holders in the U.S. Caribbean region.
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, ESA, the
National Environmental Policy Act, the
[[Page 17175]]
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.
Regarding the first, second, and fourth categories, all of the
businesses impacted by this proposed rule are considered small
entities, and thus the requirements are already designed for small
entities. Regarding the third category, NMFS does not know of any
performance or design standards that would satisfy the aforementioned
objectives of this rulemaking. As described below, NMFS analyzed
several different alternatives in this proposed rulemaking and provides
rationales for identifying the preferred alternatives 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 A1, the No Action alternative, would continue to allow
commercial permit holders issued a Shark Directed or Incidental limited
access permit using other authorized gear (excluding PLL gear) and/or
HMS Charter/Headboat permit with a commercial sale endorsement the
opportunity to land and sell oceanic whitetip sharks when tuna or tuna-
like species are not retained, possessed, on board, or offloaded from,
the vessel on the same trip. Vessels fishing recreationally would
continue to have the ability to retain oceanic whitetip sharks when
tuna or tuna-like species are not possessed on the same recreational
trip. This alternative would not be expected to result in any
additional economic impacts for HMS permit holders.
Alternative A2, the preferred alternative, would add oceanic
whitetip sharks to the prohibited shark species group using the
criteria in Sec. 635.34(c) to prohibit the commercial and recreational
retention of oceanic whitetip sharks in U.S. waters of the Atlantic
Ocean, including the Gulf of Mexico and Caribbean Sea. This alternative
would be consistent with the conservation recommendations from both the
2020 BiOps. From 2017 to 2021, there have been few instances of oceanic
whitetip sharks being retained in HMS commercial shark fisheries. This
alternative could limit fishing opportunities and lead to fewer fishing
trips for charter/headboat operators. However, oceanic whitetip sharks
are rarely a target species and are worth less than other more valuable
target species. Overall, this alternative would be expected to have
very minor adverse socioeconomic impacts on the small entities
participating in the fishery.
Under Alternative B1, the No Action alternative, retention of
scalloped hammerhead sharks on vessels targeting tunas, swordfish, and/
or billfish with PLL gear onboard would continue to be prohibited.
Commercial permit holders issued a Shark Directed or Incidental limited
access permit and/or HMS Charter/Headboat permit with a commercial sale
endorsement using other authorized gear that do not target tuna and
tuna-like species (e.g., bottom longline, gillnet, rod and reel,
handline, and bandit gear) would still be authorized to fish for, and
land scalloped hammerhead sharks subject to existing commercial
regulations. This alternative would not be expected to result in any
change in economic impacts on the small entities participating in the
fishery.
Under Alternative B2, NMFS would prohibit the commercial and
recreational retention of scalloped hammerhead sharks for shark
commercial and recreational permit holders fishing in U.S. Caribbean
region. This alternative would be consistent with the conservation
recommendations from both the 2020 BiOps. Between 2017 and 2021, there
were no reported landings of scalloped hammerhead sharks in the U.S.
Caribbean region and therefore it is unlikely revenue would be lost
from prohibiting retention of this species. However, there could be
some minor costs associated with discarding or avoiding scalloped
hammerhead sharks within that region. This alternative could also limit
fishing opportunities and lead to fewer fishing trips for charter/
headboat operators. This alternative would be expected to have neutral
to minor adverse economic impacts on the small entities participating
in the fishery.
Under Alternative B3, NMFS would prohibit the commercial and
recreational retention of scalloped hammerhead in U.S. waters of the
Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea. This
alternative would be consistent with the conservation recommendations
from both the 2020 BiOps. On average, from 2017 to 2021, scalloped
hammerhead sharks contributed $10,753 of revenue in the Atlantic and
Gulf of Mexico shark fisheries combined. This equates to less than 0.5
percent of the total revenue from all shark fisheries. However, there
could be some minor costs associated with discarding or avoiding
scalloped hammerhead sharks. This alternative could also limit fishing
opportunities and lead to fewer fishing trips for charter/headboat
operators. Therefore, this alternative would be expected to have minor
adverse economic impacts on the small entities participating in the
fishery.
Under Alternative B4, the preferred alternative, NMFS would
prohibit the commercial and recreational retention of all LCS
hammerhead sharks in the U.S. Caribbean region. This alternative would
be consistent with the conservation recommendations from both the 2020
BiOps. Between 2017 and 2021, there were no reported landings of
hammerhead sharks in the U.S. Caribbean region and therefore it is
unlikely revenue would be lost from prohibiting this species. However,
there could be some minor costs associated with discarding or avoiding
hammerhead sharks within that region and this alternative could limit
fishing opportunities and lead to fewer fishing trips for charter/
headboat operators targeting hammerhead sharks. NMFS prefers
Alternative B4 because it would implement the 2020 BiOps conservation
recommendations and provide the most robust protections for scalloped
hammerhead sharks while not limiting fishing opportunities for
hammerhead sharks in the Atlantic and Gulf of Mexico. This alternative
would be expected to have minor adverse economic impacts on the small
entities participating in the fishery.
Under Alternative B5, NMFS would prohibit the commercial and
recreational retention of all LCS hammerhead sharks in U.S. waters of
the Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea.
This alternative would be consistent with the conservation
recommendations from
[[Page 17176]]
both the 2020 BiOps. On average, from 2017 to 2021, hammerhead sharks
contributed $42,794 of revenue in the Atlantic Ocean and Gulf of Mexico
shark fisheries combined. This equates to less than 2 percent of the
total revenue from all shark fisheries. However, there could be some
minor costs associated with discarding or avoiding hammerhead sharks
and this alternative could limit fishing opportunities and lead to
fewer fishing trips for charter/headboat operators. Therefore, this
alternative would be expected to have minor adverse economic impacts on
the small entities participating in the fishery.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations, Imports,
Penalties, Reporting and recordkeeping requirements, Statistics,
Treaties.
Dated: March 16, 2023.
Samuel D. Rauch, III,
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:
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES
0
1. The authority citation for part 635 continues to read as follows:
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
0
2. In Sec. 635.22, revise paragraphs (a)(2) and (c)(2), and add
paragraph (c)(9) to read as follows:
Sec. 635.22 Recreational retention limits.
* * * * *
(a) * * *
(2) Vessels issued an Atlantic Tunas General category permit under
Sec. 635.4(d) that are participating in an HMS registered tournament,
vessels issued an HMS Angling category permit under Sec. 635.4(c), or
vessels issued an HMS Charter/Headboat permit under Sec. 635.4(b) may
not retain, possess or land scalloped, smooth, or great hammerhead
sharks if swordfish, tuna, or billfish are retained or possessed on
board, or offloaded from, the vessel. Such vessels also may not retain,
possess or land swordfish, tuna, or billfish if scalloped, smooth, or
great hammerhead sharks are retained or possessed on board, or
offloaded from, the vessel.
* * * * *
(c) * * *
(2) Only one shark from the following list may be retained per
vessel per trip, subject to the size limits described in Sec.
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, porbeagle, Atlantic
sharpnose, finetooth, Atlantic blacknose, Gulf of Mexico blacknose, and
bonnethead.
* * * * *
(9) No person who has been issued or should have been issued a
permit under Sec. 635.4 of this part may retain, possess, or land
scalloped, smooth, or great hammerhead sharks in or from the Caribbean,
as defined at Sec. 622.2 of this chapter.
* * * * *
0
3. In Sec. In 635.24, revise paragraphs (a)(4)(iv) and (a)(9), and add
paragraph (a)(11) to read as follows:
Sec. 635.24 Commercial retention limits for sharks, swordfish, and
BAYS tunas.
* * * * *
(a) * * *
(4) * * *
(iv) A person who owns, operates, or is aboard a vessel that has
been issued an HMS Commercial Caribbean Small Boat permit may retain,
possess, land, or sell any blacktip, bull, lemon, nurse, spinner,
tiger, Atlantic sharpnose, bonnethead, finetooth, and smoothhound
shark, subject to the HMS Commercial Caribbean Small Boat permit shark
retention limit. A person who owns, operates, or is aboard a vessel
that has been issued an HMS Commercial Caribbean Small Boat permit may
not retain, possess, land, or sell any hammerhead, blacknose, silky,
sandbar, blue, thresher, shortfin mako, or prohibited shark, including
parts or pieces of these sharks. The shark retention limit for a person
who owns, operates, or is aboard a vessel issued an HMS Commercial
Caribbean Small Boat permit will range from zero to three sharks per
vessel per trip. At the start of each fishing year, the default shark
trip limit will apply. During the fishing year, NMFS may adjust the
default shark trip limit per the inseason trip limit adjustment
criteria listed in paragraph (a)(8) of this section. The default shark
retention limit for the HMS Commercial Caribbean Small Boat permit is
three sharks per vessel per trip.
* * * * *
(9) Notwithstanding other provisions in this subsection,
possession, retention, transshipment, landing, sale, or storage of
silky sharks, and scalloped, smooth, and great hammerhead sharks is
prohibited on vessels issued a permit under this part that have pelagic
longline gear on board or on vessels issued both an HMS Charter/
Headboat permit and a commercial shark permit when tuna, swordfish or
billfish are on board the vessel, offloaded from the vessel, or being
offloaded from the vessel.
* * * * *
(11) No person who has been issued or should have been issued a
permit under Sec. 635.4 of this part may retain, possess or land
scalloped, smooth, or great hammerhead sharks in or from the Caribbean,
as defined at Sec. 622.2 of this chapter.
* * * * *
0
4. In Table 1 of Appendix A to Part 635, remove the term ``Oceanic
whitetip, Carcharhinus longimanus'' under heading C and add the term
``Oceanic whitetip, Carcharhinus longimanus'' under heading D in
alphabetical order.
The addition reads as follows:
Appendix A to Part 635--Species Tables
Table 1 of Appendix A to Part 635--Oceanic Sharks
------------------------------------------------------------------------
-------------------------------------------------------------------------
* * * * *
D. Prohibited Sharks.
* * * * *
Oceanic whitetip, Carcharhinus longimanus.
* * * * *
------------------------------------------------------------------------
* * * * *
Appendix A to Part 635 [Amended]
0
5. In Table 2 of Appendix A to Part 635, remove the entry for ``Oceanic
whitetip shark, Carcharhinus longimanus.''
[FR Doc. 2023-05798 Filed 3-21-23; 8:45 am]
BILLING CODE 3510-22-P