[Federal Register Volume 79, Number 168 (Friday, August 29, 2014)]
[Rules and Regulations]
[Pages 51504-51506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20687]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 140220160-4692-02]
RIN 0648-BD99
Fisheries of the Northeastern United States; Northeast Skate
Fishery; Framework Adjustment 2
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS approves and implements measures in Framework Adjustment
2 to the Northeast Skate Complex Fishery Management Plan, which was
developed by the New England Fishery Management Council. The approved
management measures include updated skate fishery specifications for
the 2014-2015 fishing years and changes to skate reporting
requirements. The action is necessary to update the Fishery Management
Plan to be consistent with the best available scientific information,
and improve management of the skate fisheries. The rule is expected to
help conserve skate stocks, while maintaining economic opportunities
for the skate fisheries.
DATES: This rule is effective September 29, 2014.
ADDRESSES: Copies of the framework, including the Environmental
Assessment and Regulatory Impact Review (EA/RIR) and other supporting
documents for the action are available from Thomas A. Nies, Executive
Director, New England Fishery Management Council, 50 Water Street, Mill
2, Newburyport, MA 01950. The framework is also accessible via the
Internet at: http://www.nero.noaa.gov.
NMFS prepared a Final Regulatory Flexibility Analysis (FRFA), which
is contained in the Classification section of this rule. Copies of the
FRFA and the Small Entity Compliance Guide are available from the
Regional Administrator, Greater Atlantic Regional Fisheries Office,
NMFS, 55 Great Republic Drive, Gloucester, MA 01930, and are available
via the Internet at: http://www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Tobey Curtis, Fishery Policy Analyst,
(978) 281-9273.
SUPPLEMENTARY INFORMATION:
Background
The New England Fishery Management Council is responsible for
developing management measures for skate fisheries in the northeastern
U.S. through the Northeast Skate Complex Fishery Management Plan (Skate
FMP). Seven skate species are managed under the Skate FMP: Winter;
little; thorny; barndoor; smooth; clearnose; and rosette. The Council's
Scientific and Statistical Committee reviews the best available
information on the status of skate populations and makes
recommendations on acceptable biological catch (ABC) for the skate
complex (all seven species). This recommendation is then used as the
basis for catch limits and other management measures for the skate
fisheries.
This final rule approves and implements measures contained in
Framework Adjustment 2 to the Skate FMP. The Council developed
Framework 2 to update the skate fishery specifications (i.e., annual
catch limit (ACL), annual catch target (ACT), total allowable landings
(TAL), and possession limits) for fishing years 2014 and 2015.
Framework 2 also includes adjustments to reporting requirements for
skate vessels and dealers. A proposed rule to implement the measures
contained in Framework 2 published in the Federal Register on May 21,
2014 (79 FR 29154), with public comments accepted through June 20,
2014. Details concerning the development of Framework 2 and the
proposed measures were contained in the preamble of the proposed rule
and are not repeated here.
Final Measures
2014-2015 Specifications
Based upon the recommendations of the Council, the Skate ABC and
associated catch limits are being reduced approximately 30 percent from
2013 levels. The catch reduction is largely based on declines in trawl
survey biomass for the more abundant little and winter skate species
(refer to the EA for more details; see ADDRESSES). NMFS is implementing
the following specifications for the skate fishery for the 2014-2015
fishing years:
[[Page 51505]]
1. Skate ABC and ACL of 78.218 million lb (35,479 mt);
2. ACT of 58.663 million lb (26,609 mt);
3. TAL of 36.123 million lb (16,385 mt) (the skate wing fishery is
allocated 66.5 percent of the TAL (24.022 million lb (10,896 mt)) and
the skate bait fishery is allocated 33.5 percent of the TAL (12.101
million lb (5,489 mt)), divided into three seasons according to the
regulations at Sec. 648.322);
4. Status quo skate bait possession limit, as defined in Sec.
648.322(c): 25,000 lb (11,340 kg) whole weight per trip for vessels
carrying a valid Skate Bait Letter of Authorization; and
5. Status quo skate wing possession limits, as defined in Sec.
648.322(b): 2,600 lb (1,179 kg) wing weight per trip for Season I (May
1 through August 31), and 4,100 lb (1,860 kg) wing weight per trip for
Season II (September 1 through April 30) for vessels fishing on a
Northeast Multispecies, Monkfish, or Scallop Day-at-Sea. The Northeast
Multispecies Category-B Day-at-Sea possession limit remains at 220 lb
(100 kg) wing weight per trip, and the non-Day-at-Sea incidental
possession limit remains at 500 lb (227 kg) wing weight per trip.
NMFS is not implementing any changes to the existing in-season
incidental possession limit trigger points (85 percent in the wing
fishery, 90 percent in the bait fishery). While these reductions in
catch limits are expected to address the current overfishing status for
winter skates (not overfished), the Council intends to develop a new
skate action during 2014 to address overfishing and rebuild overfished
thorny skates.
Vessel and Dealer Reporting Requirements
A long-term goal of the Skate FMP has been to improve species-
specific skate catch information. Through this final rule, fishing
vessels and dealers will no longer be permitted to report
``unclassified skate,'' which hinders single-species assessment and
management efforts. Skate bait vessels and dealers are now required to
report landings by species from among the following options: Winter
skate; little skate; little/winter skate (unknown mix of these two
species); barndoor skate; smooth skate; thorny skate; clearnose skate;
or rosette skate. Skate wing vessels and dealers are now required to
report landings by species from among these options: Winter skate;
barndoor skate; thorny skate; or clearnose skate. These reporting
options have always been available to vessels and dealers, but they
have been uncommonly used.
Based upon NMFS port sampling data, over 98 percent of skate wing
fishery landings are composed of winter skate, so it is expected that
most of the ``unclassified'' skate wing landings would translate into
``winter skate'' landings. Similarly, approximately 90 percent of skate
bait landings are composed of little skate, with the remainder being
largely comprised of juvenile winter skates. Therefore,
``unclassified'' landings in the bait fishery are expected to translate
into ``little skate'' or ``little/winter skate'' landings. While in
most circumstances it is unlawful to retain, land, or possess barndoor,
thorny, and smooth skates, vessels and fish dealers must still report
the unauthorized landing of these species when they occur. Outreach,
education, and continued monitoring of landings by NMFS will aid
fishing vessels and dealers with this transition.
Comments and Responses
Only a single comment was received on the proposed rule. No changes
were made to the final rule as a result of the comment.
Comment: A marine conservation organization commented that it was
largely supportive of the proposed skate fishery specifications, but
suggested that more should be done to rebuild the overfished thorny
skate. Additionally, they suggested that reporting options for all
seven skate species should be maintained in the skate wing fishery
(rather than just for the four species that are considered of
marketable size for the wing market).
Response: NMFS and the Council acknowledge the overfished condition
of thorny skate, and the Council is expected to start developing a new
action to address thorny skate rebuilding later this year. Thorny skate
is already a prohibited species, and potential additional measures to
address thorny skate rebuilding could not be analyzed in time to be
considered within Framework 2. With respect to the reporting options,
the Council recommended, and NMFS agrees, that little, smooth, and
rosette skate reporting options are not necessary in the wing fishery
at this time, because those species are not currently landed in the
skate wing fishery due to their small size. If market conditions
change, reporting options for those species can be added in the future.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act, the NMFS Assistant Administrator has
made a determination that this rule is consistent with the Skate FMP,
other provisions of the Magnuson-Stevens Act, and other applicable law.
This action has been determined to be not significant for the
purpose of Executive Order (E.O.) 12866.
Pursuant to section 604 of the Regulatory Flexibility Act (RFA),
NMFS has prepared a Final Regulatory Flexibility Analysis (FRFA) in
support of this action. The FRFA incorporates the Initial Regulatory
Flexibility Analysis (IRFA), a summary of the significant issues raised
by the public comments in response to the IRFA, NMFS' response to those
comments, relevant analyses contained in the action and its EA, and a
summary of the analyses completed to support the action in this rule. A
copy of the analyses and the EA are available from the Council (see
ADDRESSES). A summary of the IRFA was published in the proposed rule
for this action and is not repeated here. A description of why this
action was considered, the objectives of, and the legal basis for this
rule is contained in the preamble to the proposed rule and this final
rule and is not repeated here.
A Summary of the Significant Issues Raised by the Public in Response to
the IRFA, a Summary of the Agency's Assessment of Such Issues, and
Statement of Any Changes Made in the Proposed Rule as a Result of Such
Comments
Only one comment was received on the proposed rule. For a summary
of the comment, and NMFS' response, see the Comments and Responses
section above. The comment did not raise any issues or concerns related
to the IRFA or the economic impacts of the rule more generally, and no
changes were made to the rule as a result of the comment.
Description and Estimate of Number of Small Entities To Which the Rule
Would Apply
This rule will impact fishing vessels, including commercial fishing
entities. In 2012, there were 2,265 vessels that held an open access
skate permit. However, not all of those vessels are active participants
in the fishery. If two or more vessels have identical owners, these
vessels should be considered to be part of the same firm, because they
may have the same owners. According to the Small Business
Administration (SBA), firms are classified as finfish or shellfish
firms based on the activity which they derive the most revenue. Using
the $5.5M cutoff for shellfish firms (NAICS 114112) and the $20.5M
cutoff for finfish firms (NAICS 114111), there are
[[Page 51506]]
526 active fishing firms, of which 519 are small entities and 7 are
large entities. On average, for small entities, skate is responsible
for a small fraction of landings, and active participants derive a
small share of gross receipts from the skate fishery (approximately 34
percent in 2011 and 2012 fishing years came from skate revenue).
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
This action does not introduce any new reporting, recordkeeping, or
other compliance requirements. This rule does not duplicate, overlap,
or conflict with other Federal rules.
Description of the Steps the Agency Has Taken To Minimize the
Significant Economic Impact on Small Entities Consistent With the
Stated Objectives of Applicable Statutes
During 2012, total revenues from skate landings were valued at
approximately $6.6 million. The 2012 data are representative of an
average-landings skate year, whereas the 2011 data are representative
of a recent high-landings skate year. Compared to the no action
alternative, the Preferred Alternative's reduction in the skate TALs
(30 percent) could reduce potential annual skate revenues. However, the
fishing year 2012 and 2013 skate landings were below the TAL
implemented by this action, suggesting that it is unlikely that
potential revenue losses would be directly commensurate with the TAL
reduction. If skate landings in 2014 and 2015 are comparable to those
observed in 2012 and 2013, then the skate fishery may experience no
loss of skate revenue, but may actually come closer to fully harvesting
the available amount of landings.
The preferred (status quo) skate wing and bait possession limit
alternatives were selected because they have a high likelihood of
providing a consistent rate of skate landings for the entire fishing
year, while likely achieving 100 percent of the respective TALs.
Alternatives with lower possession limits (one alternative in each
fishery: 1,500 lb (680 kg)/2,400 lb (1,089 kg) in the wing fishery;
20,000 lb (9,072 kg) in the bait fishery) would increase the likelihood
of not achieving the proposed TAL by the end of the year, resulting in
losses of potential skate revenues. A single alternative for a higher
skate wing possession limit (5,000 lb (2,268 kg)) was not preferred
because it was projected to reach the in-season incidental possession
limit trigger point (85 percent of the TAL) early in the fishing year,
effectively closing the directed skate wing fishery for part of the
year, which would result in distributional shifts of benefits from
late-season harvesters to summer harvesters.
Changes to skate vessel and dealer reporting requirements are
administrative measures, and the preferred and no action alternatives
have no associated economic impacts. Vessels and dealers are already
required to report the skates that they catch/purchase.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules 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 or group of rules. As part of
this rulemaking process, a letter to permit holders that also serves as
small entity compliance guide was prepared. Copies of this final rule
are available from the Greater Atlantic Regional Fisheries Office, and
the guide, i.e., permit holder letter, will be sent to all holders of
permits for the skate fishery. The guide and this final rule will be
available upon request, and posted on the Greater Atlantic Regional
Fisheries Office's Web site at www.nero.noaa.gov.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: August 25, 2014.
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out 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. 648.7, revise paragraphs (a)(1)(iii) and (b)(1)(iii) to
read as follows:
Sec. 648.7 Recordkeeping and reporting requirements.
(a) * * *
(1) * * *
(iii) Dealer reporting requirements for skates. In addition to the
requirements under paragraph (a)(1)(i) of this section, dealers shall
report the species of skates received as specified in this paragraph.
Species of skates received as bait shall be identified according to the
following categories: Winter skate, little skate, little/winter skate,
barndoor skate, smooth skate, thorny skate, clearnose skate, and
rosette skate. Species of skates received as wings (or other product
forms not used for bait) shall be identified according to the following
categories: Winter skate, barndoor skate, thorny skate, and clearnose
skate. NMFS will provide dealers with a skate species identification
guide.
* * * * *
(b) * * *
(1) * * *
(iii) Vessel reporting requirements for skates. In addition to the
requirements under paragraph (b)(1)(i) of this section, the owner or
operator of any vessel issued a skate permit shall report the species
of skates landed as specified in this paragraph. Species of skates
landed for bait shall be identified according to the following
categories: Winter skate, little skate, little/winter skate, barndoor
skate, smooth skate, thorny skate, clearnose skate, and rosette skate.
Species of skates landed as wings (or other product forms not used for
bait) shall be identified according to the following categories: Winter
skate, barndoor skate, thorny skate, and clearnose skate. Discards of
skates shall be reported according to two size classes, large skates
(greater than or equal to 23 inches (58.42 cm) in total length) and
small skates (less than 23 inches (58.42 cm) in total length). NMFS
will provide vessel owners or operators that intend to land skates with
a skate identification guide to assist in this data collection program.
* * * * *
[FR Doc. 2014-20687 Filed 8-28-14; 8:45 am]
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