[Federal Register Volume 77, Number 82 (Friday, April 27, 2012)]
[Proposed Rules]
[Pages 25117-25120]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10121]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 120417417-2417-01]
RIN 0648-BB35
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Exempted Fishery for the Southern New England
Skate Bait Trawl Fishery
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 modify the regulations implementing the
Northeast (NE) Multispecies Fishery Management Plan (FMP) to allow
vessels issued a Federal skate permit and a Skate Bait Letter of
Authorization to fish for skates in a portion of southern New England
from July through October of each year, outside of the NE multispecies
days-at-sea (DAS) program. This action would allow vessels to harvest
skates in a manner that is consistent with the bycatch reduction
objectives of the NE Multispecies FMP.
DATES: Comments must be received no later than 5 p.m., eastern daylight
time, on May 14, 2012.
ADDRESSES: An environmental assessment (EA) was prepared for the
Secretarial Amendment that describes the proposed action and other
considered alternatives, and provides an analysis of the impacts of the
proposed measures and alternatives. Copies of the Secretarial
Amendment, including the EA and the Initial Regulatory Flexibility
Analysis (IRFA), are available on request from Daniel Morris, Acting
Regional Administrator, Northeast Regional Office, 55 Great Republic
Drive, Gloucester, MA 01930. These documents are also available online
at http://www.nero.noaa.gov.
You may submit comments, identified by FDMS docket number NOAA-
NMFS-2012-0098, by any one of the following methods:
Written comments (paper, disk, or CD-ROM) should be sent
to Paul J. Howard, Executive Director, New England Fishery Management
Council, 50 Water Street, Mill 2, Newburyport, MA 01950. Mark the
outside of the envelope, ``Comments on Skate Bait Exempted Fishery.''
Comments also may be sent via facsimile (fax) to (978)
465-3116.
Submit all electronic public comments via the Federal e-
Rulemaking Portal: http://www.regulations.gov.
Instructions: Comments will be posted for public viewing as they
are received. All comments received are a part of the public record and
will generally be posted to http://www.regulations.gov without change.
All Personal Identifying Information (for example, name, address, etc.)
voluntarily submitted by the commenter may be publicly accessible. Do
not submit Confidential Business Information or otherwise sensitive or
protected information.
NMFS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain anonymous). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT: Travis Ford, Fishery Management
Specialist, 978-281-9233; fax 978-281-9135; email:
travis.ford@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
Current regulations, implemented under Framework Adjustment 9 (60
FR 19364, April 18, 1995) and expanded under Amendment 7 to the FMP (61
FR 27710, May 31, 1996), contain a NE multispecies fishing mortality
and bycatch reduction measure that is applied to the Gulf of Maine
(GOM), Georges Bank (GB), and Southern New England (SNE) Exemption
Areas found in 50 CFR 648.80. A vessel may not fish in these areas
unless it is fishing under a NE multispecies or a scallop DAS
allocation, is fishing with exempted gear, is fishing under the Small
Vessel Handgear (A or B) or Party/Charter permit restrictions, or is
fishing in an exempted fishery. The procedure for adding, modifying, or
deleting fisheries from the list of exempted fisheries is found in
Sec. 648.80. A fishery may be exempted by the Regional Administrator
(RA), after consultation with the New England Fishery Management
Council (Council), if the RA determines, based on available data or
information, that the bycatch of regulated species is, or can be
reduced to, less than 5 percent by weight of the total catch and that
such exemption will not jeopardize the fishing mortality objectives of
the FMP.
Representatives from the NE multispecies sector fleet submitted an
exempted fishery request to the RA on April 1, 2011. The petitioners
requested that NMFS consider an exempted
[[Page 25118]]
fishery for trawl vessels using 6.5-inch mesh nets and targeting skate
bait in a portion of SNE from June through November of each year
(referred to in the EA and in this proposed rule as Alternative 2).
Sector vessels targeting skate bait and fishing on a trip in SNE are
currently required to declare a NE multispecies DAS trip. These vessels
are charged a discard rate that is determined by the Northeast
Fisheries Observer Program (NEFOP) and at-sea monitoring (ASM) discard
data. The discard rate is based on the sector, area fished, and gear
type, referred to as a discard stratum. Because ``target species'' is
not part of each discard stratum, vessels that are targeting skate bait
(and catching very little to no groundfish) are being charged the same
discard rate as all other declared groundfish trips in that discard
stratum. This has led to higher than observed discard rates of
groundfish when targeting skate bait when compared to actual discard
rates on observed skate bait trips. Forfeiting the value of discards at
a higher rate than is actually occurring has imposed an economic burden
on sector fishermen, as the discarded fish that are charged to the
sector's Annual Catch Entitlement (ACE) could otherwise be landed for
sale. Reducing a sector's ACE by a higher rate than is actually
occurring has particularly adversely affected the sector's ``choke
stocks,'' i.e., fish for which the sector has a small amount of ACE,
either because of a low catch history or a small annual catch limit
(ACL) for the stock.
NEFOP and ASM data were compiled and analyzed with reference to
groundfish vessels targeting skate in the area and months requested for
the exemption. A second alternative was assessed that reduced both the
size of the exempted area and the requested season to July through
October (referred to in the EA and in this proposed rule as Alternative
1). The data best supported Alternative 1, revealing that bycatch of
regulated species (primarily winter flounder and windowpane flounder)
was substantially reduced from the original proposal by reducing the
area and contracting the time period. It is important to note that
large portions of the original area requested by industry had no
associated observer data, and thus could not be evaluated. Therefore,
the size of the exemption area was reduced to cover only areas where
ASM and NEFOP covered trips existed.
For Alternative 1, all large mesh (6.5-inch mesh) DAS trips from
2010 to 2011 were analyzed, and the data showed that no trips caught
more than 5 percent groundfish. Therefore, there were no trips that
caught over 5 percent NE multispecies that would be exempted under this
action. The data indicate that Alternative 2 (the non-preferred
alternative) would likely result in a higher percentage of groundfish
catch in the months of June and November than in July through October.
Exempted fisheries have a maximum allowable bycatch of 5 percent
regulated groundfish under Sec. 648.80(a)(8)(i). For the months of
July through October, from 2006 to 2011, the average percentage of
regulated groundfish catch for trips in the directed SNE skate bait
fishery was 1.25 percent, well under the 5 percent limit for an
exempted fishery. No single month's average NE multispecies catch
exceeded 2 percent of the total catch. The vast majority of groundfish
bycatch species in the skate bait fishery are SNE winter flounder and
southern windowpane flounder. Following a recent assessment, SNE winter
flounder is no longer experiencing overfishing but remains overfished.
Recent information has changed the status of the Southern windowpane
flounder stock, which was previously experiencing overfishing but not
overfished; it is currently not overfished, is no longer experiencing
overfishing, and was rebuilt in 2009. The discards expected from this
exemption should not cause the ACL for these species to be exceeded.
Further, because of the relationship between the skate bait fishery
and the lobster fishery, this action is not likely to increase effort
in the skate bait fishery. Although this action would exempt vessels
targeting skate bait from the NE multispecies regulations, the demand
for skate bait is dependent on the lobster fishery's demand for bait.
Consequently, this exemption is not expected to increase the demand for
skate bait. Further, the skate bait fishery is controlled by a Total
Allowable Landing (TAL) limit that prevents the overharvesting of skate
bait. Because it would neither increase demand for skate bait nor
significantly affect other regulated species, this action is not
expected to jeopardize mortality objectives of any stock and would ease
some of the burdens on vessels participating in the NE multispecies
fishery.
Proposed Measures
Southern New England Skate Bait Trawl Exemption Area
The RA has determined that an exempted skate bait trawl fishery in
a specifically defined portion of SNE meets the exemption requirements
in Sec. 648.80(a)(8)(i) because, based on the analysis of available
data, the bycatch of regulated species by vessels targeting skate bait
in a portion of SNE is less than 5 percent, by weight, of the total
catch. Therefore, this rule proposes to implement an exempted fishery
for eligible vessels when using 6.5-inch mesh trawl gear in a portion
of SNE from July through October of each year. The area of this
proposed exempted fishery would be referred to as the SNE Skate Bait
Trawl Exemption Area.
The SNE Skate Bait Trawl Exemption Area is defined by the straight
lines connecting the following points in the order stated (copies of a
chart depicting the area are available from the RA upon request):
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
SBT 1................ Southeastern MA........... 71/00'
SBT 2................ 41/00'.................... 71/00'
SBT 3................ 41/00'.................... 72/05'
SBT 4................ Southern CT............... 72/05'
------------------------------------------------------------------------
As required by existing regulations, Vessels participating in the
exempted skate fishery would need to hold a Federal skate permit and a
valid Skate Bait Letter of Authorization (LOA) from the RA containing
an exemption from the skate wing possession limits, which allows them
to land whole skates for use as bait. A participating vessel may
possess and land up to 20,000 lb (9,072 kg) of whole skates of less
than 23 inches (59 cm) total length. In addition, vessels would be
limited by the skate bait TAL that is divided into three seasons to
help maintain a supply of bait throughout the fishing year. When 90
percent of the seasonal quota is landed in either Season 1 or 2, or
when 90 percent of the annual skate bait TAL is landed, the RA would
close the directed fishery by reducing the skate bait possession limit
to the whole weight equivalent of the skate wing possession limit in
effect at that time (either 5,902 lb (2,677 kg), 9,307 lb (4,222 kg),
or 1,135 lb (515 kg)).
Granting the SNE Skate Bait Trawl Exemption Area should result in a
more accurate discard calculation for skate bait and NE multispecies
DAS trips. Exempted skate bait trips would be exempt from NE
multispecies regulations. Discards of regulated NE multispecies from
skate bait trips would no longer be deducted from sector or common pool
sub-ACLs that make up the commercial groundfish sub-ACL. Instead, the
calculated discards would be deducted from the ``other subcomponents''
sub-ACL.
In the NE multispecies fishery, calculated discard rates for
regulated
[[Page 25119]]
species are calculated over an entire discard stratum, i.e., sector,
area, and gear type. Currently, when SNE skate bait vessels are fishing
on declared groundfish trips, they are charged a calculated discard
rate equivalent to trips targeting groundfish in the same discard
stratum. For example, a skate bait vessel catching 20,000 pounds of
skate is charged a groundfish discard rate as if that vessel caught
20,000 pounds of groundfish and results in the resulting amount being
deducted from the sector or common pool sub-ACL. The data analyzed from
observed SNE skate bait trips, however, showed that skate bait trips
averaged a catch of 1.25% of multispecies (250 pounds). Calculating
discards using this more accurate rate results in a lower deduction
from the sub-ACL than applying the groundfish discard rate to 20,000
pounds of catch. Granting this exemption would provide vessels the
opportunity to catch the groundfish formerly counted as discarded.
Conversely, because the lower multispecies discards observed on skate
bait trips will no longer be included when determining the groundfish
discard rate for targeted groundfish trips, the actual amounts
discarded on declared groundfish trips will be more accurately
reflected. The increase in the calculated discard rate for targeted
groundfish trips is not expected to be significant.
Classification
NMFS has determined that this proposed rule is consistent with the
FMP and preliminarily determined that the rule is consistent with the
Magnuson-Stevens Fishery Conservation and Management Act and other
applicable laws.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
Pursuant to 5 U.S.C. 603, an IRFA has been prepared, which
describes the economic impacts that this proposed rule, if adopted,
would have on small entities. A description of the reasons why this
action is being considered, as well as the objectives of and legal
basis for this proposed rule, can be found in the preamble to this
proposed rule and are not repeated here. There are no Federal rules
that duplicate, overlap, or conflict with the proposed rule. This
proposed rule does not include any new reporting, recordkeeping or
other compliance requirements. This action proposes to create a new
skate bait trawl exemption area for trawl vessels targeting skate bait
in SNE.
This action was compared to two different alternatives for the
exemption. Alternatives to the proposed exemption include exempting a
larger portion of SNE for a longer period of time, from June through
November, and a No Action alternative, which would continue to require
vessels targeting skate bait in this area to be on a declared NE
multispecies trip from July through October.
Description and Estimate of the Number of Small Entities to Which This
Proposed Rule Would Apply
The Small Business Administration (SBA) defines a small commercial
fishing entity as a firm with gross receipts not exceeding $4 million.
In Rhode Island, there are two major dealers involved in the skate bait
market. One reports supplying skate bait to 100 lobster businesses
located in Point Judith, Wickford, Newport, Westerly, and Jamestown,
RI, along with businesses scattered throughout Connecticut and
Massachusetts. The company buys skate bait from 12-15 vessels
throughout the year. The lobster businesses supplied by the company
employ between 2-4 crewmembers per vessel. The other major skate dealer
in Rhode Island supplies local Newport, Sakonnet, and New Bedford, MA
vessels and numerous offshore lobster vessels fishing in the Gulf of
Maine. Skates are supplied to this dealer from draggers working out of
Newport and Tiverton, RI, and New Bedford, MA.
Due to direct, independent contracts between draggers and lobster
vessels, landings of skates are estimated to be under-documented. While
skate bait is always landed (rather than transferred at sea), it is not
always reported because it can be sold directly to lobster vessels by
non-federally permitted vessels, which are not required to report as
dealers. A more complete description of the skate bait fishery can be
found in Amendment 3 to the NE Skate Complex FMP, available from the
Council (http://www.nefmc.org).
Economic Impacts of This Proposed Action
Compared to the No Action alternative, the Preferred Alternative
(Alternative 1) is expected to benefit the local fishing communities
that have historically depended on the skate bait fishery in SNE. This
exemption was requested by members of the NE multispecies fishing
industry, specifically members of a sector in the SNE area. The cost of
fishing for skate bait has become increasingly high primarily due to
the deduction of calculated discards from each vessel's sector ACE when
fishing under a groundfish DAS. Thus, the proposed exemption will allow
vessels to target skate bait outside of the DAS program, which will
prevent the discards being deducted from their sector's ACE at a higher
rate than is actually occurring. The EA for this proposed action
estimates that the exemption could save the fleet approximately $24,490
a year in discards and DAS alone.
With the elimination of these low discard trips from the sector's
discard stratum, the overall discard rate for the sector will likely
increase because skate bait trips that were observed were keeping the
discard rate for trips targeting groundfish artificially low. While
this change will result in an increase of the overall sector's discard
rate, the increase will not represent a significant cost to the SNE
sector vessels that are not participating in the exemption. In
addition, the calculated discard rates for both groundfish vessels and
skate bait vessels will be more accurate as a result of the exemption;
more accurate discards are not expected to have an economic effect on
the fishing community as a whole.
Economic Impacts of Alternatives to the Proposed Action
The impacts of Alternative 2, which extends the exemption an
additional 2 months over a larger area, would be expected to be similar
to the impacts of the Preferred Alternative, but the expanded area and
time would allow more vessels a greater opportunity to participate in
the exempted fishery. The EA for this action estimates that Alternative
2 would save the industry an additional $ 3,739.37 compared to
Alternative 1. However, the months of June and November showed an
increased number of trips that caught over 5 percent groundfish, and a
large portion of the area could not be evaluated because there was no
observer or ASM data available. Providing an exemption for trips that
caught over 5 percent groundfish, or areas where no data is available,
would be contrary to the purpose and requirements of the Magnuson
Stevens Conservation and Management Act and its implementing
regulations. For these reasons, this alternative was not selected.
The No Action Alternative would have a negative economic impact on
SNE skate bait vessels relative to the preferred alternative. This
exemption was requested because of the economic burden that the cost of
DAS and calculated discards had on sector fishermen targeting skate
bait. As described above it is estimated that this exemption could save
the fleet approximately $24,490 a year in discards and DAS alone
compared to
[[Page 25120]]
the No Action alternative. Under the No Action Alternative, sector
fishermen targeting skate bait would continue fishing on DAS only to be
charged a higher than observed groundfish discard rate for their trip
targeting skate bait. The skate bait fishery is a valuable resource to
those in SNE. The groundfish discards that are attributed to these
trips come directly out of the vessel's sector's ACE, which takes away
the opportunity to catch these fish in the future.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: April 23, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons stated in the preamble, 50 CFR part 648 is proposed
to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.14, paragraph (k)(5)(i) is revised to read as
follows:
Sec. 648.14 Prohibitions.
* * * * *
(k) * * *
(5) * * *
(i) Violate any of the provisions of Sec. 648.80, including
paragraphs (a)(5), the Small-mesh Northern Shrimp Fishery Exemption
Area; (a)(6), the Cultivator Shoal Whiting Fishery Exemption Area;
(a)(9), Small-mesh Area 1/Small-mesh Area 2; (a)(10), the Nantucket
Shoals Dogfish Fishery Exemption Area; (a)(11), the GOM Scallop Dredge
Exemption Area; (a)(12), the Nantucket Shoals Mussel and Sea Urchin
Dredge Exemption Area; (a)(13), the GOM/GB Monkfish Gillnet Exemption
Area; (a)(14), the GOM/GB Dogfish Gillnet Exemption Area; (a)(15), the
Raised Footrope Trawl Exempted Whiting Fishery; (a)(16), the GOM Grate
Raised Footrope Trawl Exempted Whiting Fishery; (a)(18), the Great
South Channel Scallop Dredge Exemption Area; (b)(3), exemptions (small
mesh); (b)(5), the SNE Monkfish and Skate Trawl Exemption Area; (b)(6),
the SNE Monkfish and Skate Gillnet Exemption Area; (b)(8), the SNE
Mussel and Sea Urchin Dredge Exemption Area; (b)(9), the SNE Little
Tunny Gillnet Exemption Area; (b)(11), the SNE Scallop Dredge Exemption
Area; or (b)(12), the SNE Skate Bait Trawl Exemption Area. Each
violation of any provision in Sec. 648.80 constitutes a separate
violation.
* * * * *
3. In Sec. 648.80, paragraph (b)(2)(vi) is revised, and paragraph
(b)(12) is added to read as follows:
Sec. 648.80 NE Multispecies regulated mesh areas and restrictions on
gear and methods of fishing.
* * * * *
(b) * * *
(2) * * *
(vi) Other restrictions and exemptions. A vessel is prohibited from
fishing in the SNE Exemption Area, as defined in paragraph (b)(10) of
this section, except if fishing with exempted gear (as defined under
this part) or under the exemptions specified in paragraphs (b)(3),
(b)(5) through (9), (b)(11), (b)(12), (c), (e), (h), and (i) of this
section; or if fishing under a NE multispecies DAS; or if fishing on a
sector trip; or if fishing under the Small Vessel or Handgear A permit
specified in Sec. 648.82(b)(5) and (6), respectively; or if fishing
under a Handgear B permit specified in Sec. 648.88(a); or if fishing
under a scallop state waters exemption specified in Sec. 648.54; or if
fishing under a scallop DAS in accordance with paragraph (h) of this
section; or if fishing under a General Category scallop permit in
accordance with paragraphs (b)(11)(i)(A) and (B) of this section; or if
fishing pursuant to a NE multispecies open access Charter/Party or
Handgear permit specified in Sec. 648.88; or if fishing as a charter/
party or private recreational vessel in compliance with the regulations
specified in Sec. 648.89. Any gear on a vessel, or used by a vessel,
in this area must be authorized under one of these exemptions or must
be stowed as specified in Sec. 648.23(b).
* * * * *
(12) SNE Skate Bait Trawl Exemption Area. Vessels issued an open
access skate permit and a skate bait Letter of Authorization as
specified in Sec. 648.322(c) that have declared out of the DAS program
as specified in Sec. 648.10, or that have used up their DAS
allocations, may fish in the SNE Skate Bait Trawl Exemption Area as
defined under paragraph (b)(12)(i) of this section, when not under a NE
multispecies or scallop DAS, provided the vessel complies with the
requirements specified in paragraph (b)(1)(ii) of this section.
(i) Area definition. The SNE Skate Bait Trawl Exemption Area is
defined by the straight lines connecting the following points in the
order stated (copies of a chart depicting the area are available from
the Regional Administrator upon request):
SNE Skate Bait Trawl Exemption Area
[July 1 through October 31]
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
SBT 1................ Southeastern MA........... 71/00'
SBT 2................ 41/00'.................... 71/00'
SBT 3................ 41/00'.................... 72/05'
SBT 4................ Southern CT............... 72/05'
------------------------------------------------------------------------
(ii) Requirements. (A) A vessel fishing in the SNE Skate Bait Trawl
Exemption Area specified in this paragraph (b)(12) may not fish for,
possess on board, or land any NE regulated species.
(B) Vessels must use trawl gear, as specified in Sec.
648.80(b)(2)(i).
(C) Vessels must possess an active skate bait letter of
authorization issued by the Regional Administrator, as specified in
Sec. 648.322(c) and fish pursuant to the terms of authorization.
(D) Fishing may only occur from July 1 through October 31 of each
fishing year.
* * * * *
[FR Doc. 2012-10121 Filed 4-26-12; 8:45 am]
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