Final Environmental Assessment, Regulatory Impact Review, and Final Regulatory Flexibility Analysis for the Rule to Prohibit the Commercial and Recreational Retention of Oceanic Whitetip Sharks in U.S. Atlantic Waters and Hammerhead Sharks in the U.S. Caribbean Sea

On May 15, 2020, NOAA Fisheries issued two Biological Opinions (BiOps) for Atlantic highly migratory species (HMS): one for the pelagic longline (PLL) fishery and one for the non-PLL fisheries. As a result of the Endangered Species Act (ESA) listing for oceanic whitetip sharks and the Central and Southwest Atlantic Distinct Population Segment (DPS) of scalloped hammerhead sharks, the BiOps strongly encouraged the inclusion of these federally protected species on the HMS list of prohibited shark species for recreational and/or commercial HMS fisheries. Under existing regulations, retention and possession of oceanic whitetip sharks and all hammerhead sharks are prohibited for commercial fishermen using PLL gear and recreational fishermen who have tunas, swordfish, and/or billfish on board. For oceanic whitetip sharks, this action would extend the prohibitions to all HMS permitted fishermen by adding oceanic whitetip sharks to the prohibited sharks species group using the criteria in 50 CFR § 635.34(c). Although only the scalloped hammerhead shark Central and Southwest Atlantic DPS is listed under the ESA, this action prohibits retention of great, smooth, and scalloped hammerhead sharks for all HMS permitted fishermen in the U.S. Caribbean region due to the likelihood of misidentification by fishermen. This action is being taken pursuant to the rulemaking authority under the Magnuson-Stevens Fishery Conservation and Management Act, section 304(g).