[Federal Register Volume 79, Number 61 (Monday, March 31, 2014)]
[Proposed Rules]
[Pages 18002-18003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07120]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 140304191-4191-01]
RIN 0648-BE04
Fisheries of the Northeastern United States; Northeast Skate
Complex Fishery; Notice of a Control Date for the Purpose of Limiting
Entry to the Skate Fishery; Northeast Skate Complex Fishery Management
Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Advance notice of proposed rulemaking (ANPR); request for
comments.
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SUMMARY: At the request of the New England Fishery Management Council,
this notice announces a control date that may be applicable to limiting
the number of participants in the skate fishery for uses other than
bait. NMFS intends this notice to promote awareness of possible
rulemaking, alert interested parties of potential eligibility criteria
for future access, and discourage speculative entry into and/or
investment in the skate fishery while the New England Fishery
Management Council and NMFS consider if and how participation in the
skate fishery should be controlled.
DATES: March 31, 2014, shall be known as the ``control date'' for the
skate fishery for uses other than bait, and may be used as a reference
date for future management measures related to the maintenance of a
fishery with characteristics consistent with the Council's objectives
and applicable Federal laws. Written comments must be received on or
before April 30, 2014.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2014-0038, by any of the following methods:
[ssquf] Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0038, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
[ssquf] Mail: Submit written comments to John K. Bullard, Regional
Administrator, National Marine Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the outside of the envelope,
``Comments on Skate Control Date.''
Instructions: Comments must be submitted by one of the above
methods to ensure that the comments are received, documented, and
considered by NMFS. We may not consider comments sent by any other
method, to any other address or individual, or received after the end
of the comment period. 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.) submitted voluntarily by the
sender will 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). We accept attachments to electronic comments
only in Microsoft Word or Excel, WordPerfect, or Adobe PDF file
formats.
FOR FURTHER INFORMATION CONTACT: Carly Bari, Fisheries Management
Specialist, 978-281-9224.
SUPPLEMENTARY INFORMATION: In 2003, NMFS implemented the Northeast
Skate Fishery Management Plan (Skate FMP) to manage a complex of seven
skate species in the Northeast Region: Winter (Leucoraja ocellata),
little (L. erinacea), thorny (Amblyraja radiata), barndoor (Dipturus
laevis), smooth (Malacoraja senta), clearnose (Raja eglanteria), and
rosette (L. garmani). The FMP established biological reference points
and overfishing definitions for each species, and other management
measures designed to rebuild species that were considered overfished
(barndoor and thorny). Regulations for the skate fishery are found at
50 CFR part 684, subpart O.
There are two distinct skate fisheries managed under the FMP: A
skate wing fishery, which harvest the pectoral fins of large skates
(primarily winter skate)
[[Page 18003]]
for foreign and domestic food markets; and a bait skate fishery, which
targets whole little skate to be sold primarily for bait in the
American lobster fishery. A control date for the bait skate fishery was
established on July 30, 2009 (74 FR 37978), in anticipation of the
changes to the skate fishery as part of Amendment 3 to the Skate FMP.
Control dates are used to establish a date after which those who enter
a fishery may not be guaranteed access to that fishery if access to it
is limited by regulation. Amendment 3 (75 FR 34049), was finalized on
June 16, 2010, and established a rebuilding plan for smooth skate,
implemented annual catch limits and accountability measures, and
established new management measures for the bait skate fishery,
including seasonal quotas and reduced possession limits.
On February 11, 2014, the New England Fishery Management Council
(Council) requested that NMFS publish this control date for the
Northeast skate complex fishery. This new control date will apply to
participants in the skate fishery that do not fish for bait skates, but
for skate wings. This new control date will also cover all other uses
of skate, including food and any potential future use of a skate
product. The number of skate permits has fluctuated over time, and the
Council is concerned that conditions in other fisheries may shift
effort onto skates before a limited entry program can be established.
This Advance Notice of Proposed Rulemaking is intended to discourage
new or speculative entry into the skate fishery while controlled access
restrictions are considered by the Council. The date upon which this
notice is published shall be known as the ``control date,'' which is
intended to distinguish established participants from new or
speculative entrants to the fishery.
This notification establishes March 31, 2014, as the new control
date for potential use in determining historical or traditional
participation in skate fishery. Establishing a control date does not
commit the Council or NMFS to develop any particular management regime
or criteria for participation in this fishery. In the future, the
Council may choose a different control date, or a management program
that does not make use of any control date. Any future action by NMFS
will be taken pursuant to the Magnuson-Stevens Fishery Conservation and
Management Act.
This notification also gives the public notice that interested
participants should locate and preserve records that substantiate and
verify their participation in the skate fishery.
This notification and control date do not impose any legal
obligations, requirements, or expectation.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 25, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2014-07120 Filed 3-28-14; 8:45 am]
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