[Federal Register Volume 77, Number 126 (Friday, June 29, 2012)]
[Rules and Regulations]
[Pages 38738-38741]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16013]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 110901554-2178-02]
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: Final rule.
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SUMMARY: This final rule modifies 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
(SNE) from July 1 through October 31 of each year, outside of the NE
multispecies days-at-sea (DAS) program. This action allows vessels to
harvest skates in a manner that is consistent with the bycatch
reduction objectives of the NE Multispecies FMP.
DATES: Effective July 1, 2012.
ADDRESSES: An environmental assessment (EA) was prepared for the
Secretarial Amendment that describes this action and other considered
alternatives, and provides an analysis of the impacts of the approved
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.
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 SNE Exemption Areas found in 50 CFR Sec.
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 50 CFR 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 fishery for trawl vessels
using 6.5-inch (16.5-cm) 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 rule as Alternative 2). Northeast Fisheries Observer
Program (NEFOP) and at-sea monitoring (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 from June through November to July through October
(referred to in the EA and in this 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.
On April 27, 2012, a proposed rule was published in the Federal
Register (77 FR 25117) soliciting public comment. The proposed rule and
EA discuss these analyses in greater detail. No comments were received
during the comment period. In addition, the Council was consulted on
June 19, 2012, regarding this final rule. The Council raised no
objections. Since no comments were received from the public or the
Council, there are no modifications from the proposed measures in this
final rule.
Approved 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). Analysis of available data indicate that
bycatch of regulated species by vessels targeting skate bait in that
portion of SNE is less than 5 percent, by weight, of the total catch.
Also, the RA has determined that the exemption will not jeopardize the
fishing mortality objectives of the FMP because this exemption does not
increase the demand for skate bait and is not expected to increase
fishing for skate bait. Due to this exemption, common pool vessels will
have more DAS available to target multispecies; however, DAS are not
considered a limiting factor in the common pool. Further, Annual Catch
Limits (ACLs) for each stock will prevent the overharvest of any
species. Based on these determinations, the RA is exempting eligible
vessels from the prohibition against fishing while not on a DAS in a
portion of SNE from July through
[[Page 38739]]
October of each year when the vessels target skates and use 6.5-inch
(16.5-cm) mesh trawl gear. The area of this exempted fishery will be
referred to as the SNE Skate Bait Trawl Exemption Area.
The SNE Skate Bait Trawl Exemption Area is defined by straight
lines connecting the following points in the order stated (copies of a
chart depicting the area are available from the RA upon request):
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Point N. lat. W. long.
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SBT 1............................ Southeastern MA..... 71[deg] 00'
SBT 2............................ 41[deg] 00'......... 71[deg] 00'
SBT 3............................ 41[deg] 00'......... 72[deg] 05'
SBT 4............................ Southern CT......... 72[deg] 05'
------------------------------------------------------------------------
As required by existing regulations, vessels participating in the
exempted skate fishery will 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 will allow
them to land whole skates for use as bait. A participating vessel may
possess and land up to 25,000 lb (9,072 kg) of whole skates of less
than 23 inches (59 cm) total length. In addition, vessels will be
limited by the skate bait Total Allowable Landings (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 will 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)).
For additional details regarding the SNE Skate Bait Trawl Exemption
Area, please see the proposed rule for this action.
Comments and Responses
No comments were received.
Changes From the Proposed Rule
There are no changes from the proposed measures in this final rule.
Classification
NMFS has determined that this final rule is consistent with the FMP
and the Magnuson-Stevens Fishery Conservation and Management Act and
other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
Administrative Procedure Act
The Assistant Administrator, NMFS, finds that a waiver of the 30-
day delay in the rule's effectiveness is justified under 5 U.S.C.
553(d)(1) because this rule ``recognizes an exemption or relieves a
restriction[.]'' Currently, vessels fishing for skates in the SNE must
use a groundfish DAS. This rule creates an exemption to the DAS
requirement and allows vessels fishing in a portion of the SNE with 6.5
inch (16.5-cm) net mesh during part of the year to fish without using a
DAS. As a result, more DAS will be available to vessels to fish
specifically for groundfish rather than have them used on skate trips
that catch very small amounts of groundfish. Because this rule
recognizes an exemption and relieves a restriction by eliminating the
requirement that vessels use NE Multispecies DAS while targeting skate
bait in SNE, the 30-day delay in effectiveness may be waived pursuant
to 5 U.S.C. 553(d)(1).
The Assistant Administrator also finds that there is good cause
under 5 U.S.C. 553(d)(3) to waive the 30-day delay because such a delay
would be contrary to the public interest by potentially preventing
sector members from realizing the full potential savings in discards
and DAS. The exemption would ordinarily be in effect from July 1 to
October 31, but the 30-day delay in effectiveness would reduce the
duration of the exemption in 2012 by nearly 25 percent. Currently,
sector members in the SNE area have an elevated groundfish discard rate
applied to skate trips fished under groundfish DAS. The elevated
discard rate applied to skate trips and use of DAS on skate trips costs
sector members approximately $24,000 each year. Delaying the effective
date of this rule could prevent the sector members from obtaining the
full amount of cost savings. Further, waiving the 30-day delay in
effectiveness will not cause any hardship for regulated entities
because this rule does not create any new obligations or otherwise
require trawl operators to make modifications to equipment or
processes. Therefore, the primary rationale for the 30-day delay--to
provide regulated entities with time to prepare for new rules--does not
apply to this rule.
Regulatory Flexibility Act
Pursuant to 5 U.S.C. 603, a Final Regulatory Flexibility Analysis
(FRFA) has been prepared, which describes the economic impacts that
this rule will have on small entities. The FRFA incorporates the
economic impacts and analysis summarized in the Initial Regulatory
Flexibility Analysis (IRFA) for the proposed rule for this action, and
the corresponding economic analyses prepared for this action in the EA
and the Regulatory Impact Review (RIR). The contents of these documents
are not repeated in detail here. Copies of the IRFA, the RIR, and the
EA are available upon request (see ADDRESSES). A description of the
reasons for this action, the objectives of the action, and the legal
basis for this final rule are found in the preamble to the proposed and
final rules.
There are no Federal rules that duplicate, overlap, or conflict
with this rule. This action does not include any new reporting,
recordkeeping, or other compliance requirements. This rule creates 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 selected exemption include exempting
a larger portion of SNE for a longer period of time, from June through
November, and the 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
Final 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 two and four 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
[[Page 38740]]
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 Action
This action 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 that fishes 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's Annual Catch Entitlement (ACE) when fishing under a
groundfish DAS. This 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 action estimates that the exemption could
save the fleet approximately $24,489.79 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 discard rate for the
skate bait vessel's original discard stratum, the increase will not
represent a significant cost to the SNE sector vessels that are not
participating in the exemption and is outweighed by the benefit of 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. Further,
participation in this exemption is voluntary. A vessel may still choose
to target skate bait during the exemption while on a DAS should they
feel it is to their benefit.
Economic Impacts of Alternatives to the 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 Alternative 1, 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, for a
total savings of $28,229.16. 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 were no observer or ASM data available. Providing an
exemption for trips that caught over 5 percent groundfish, or for areas
for which no data are available, would be contrary to the current
regulations. Therefore, this alternative was not selected.
The No Action Alternative would have a negative economic impact on
SNE skate bait vessels relative to Alternative 1. 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 $24,489.79 a year in discards and DAS alone
compared to 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 fishing 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.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule for which an agency is required
to prepare a FRFA, the agency shall publish one or more guides to
assist small entities in complying with the rule, and shall designate
such publications as ``small entity compliance guides.'' The agency
shall explain the actions a small entity is required to take to comply
with a rule. As part of this rulemaking process, NMFS prepared a small
entity compliance guide, which will be sent to all holders of permits
issued for the NE skate fishery. In addition, copies of this final rule
and guide (i.e., permit holder letter) are available from the Regional
Administrator (see ADDRESSES).
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: June 26, 2012.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the preamble, 50 CFR part 648 is amended
as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
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.
* * * * *
0
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
[[Page 38741]]
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).
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(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]
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Point N. lat. W. long.
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SBT 1............................ Southeastern MA..... 71[deg]00'
SBT 2............................ 41[deg]00'.......... 71[deg]00'
SBT 3............................ 41[deg]00'.......... 72[deg]05'
SBT 4............................ Southern CT......... 72[deg]05'
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(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.
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[FR Doc. 2012-16013 Filed 6-28-12; 8:45 am]
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