[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)]
[Proposed Rules]
[Pages 48781-48785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22719]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 170710645-7645-01]
RIN 0648-BH03
Fisheries of the Northeastern United States; Northeast Skate
Complex; Framework Adjustment 4
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: We propose regulations submitted by the New England Fishery
Management Council in Framework Adjustment 4 to the Northeast Skate
Complex Fishery Management Plan. We are proposing to de-couple the
skate wing and bait inseason trip limit adjustments to better control
the catch of bait skate and to provide a more consistent supply of
skate bait to the lobster fishery. This action also clarifies that in-
season possession limits may be removed when necessary to help harvest
the fisheries total allowable landings. This action is needed to allow
the fishery to more effectively harvest its optimum yield.
DATES: Public comments must be received by November 6, 2017.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2017-0099, by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D= NOAA-NMFS-2017-0099, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to John K. Bullard, Regional
Administrator, National Marine Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930-2276. Mark the outside of the envelope:
``Comments on Skate Framework 4.''
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. 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.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
New England Fishery Management Council staff prepared an
environmental assessment (EA) for Northeast Skate Complex Framework
Adjustment 4 that describes the proposed action and other considered
alternatives. The EA provides a thorough analysis of the biological,
economic, and social impacts of the proposed measures and other
considered alternatives, a preliminary Regulatory Impact Review, and
economic analysis. Copies of the Framework 4 EA are available on
request from Thomas A. Nies, Executive Director, New England Fishery
Management Council, 50 Water Street, Newburyport, MA 01950. This
document is also available from the following internet addresses:
http://www.greateratlantic.fisheries.noaa.gov/ or http://www.nefmc.org.
FOR FURTHER INFORMATION CONTACT: William Whitmore, Fishery Policy
Analyst, (978) 281-9182.
SUPPLEMENTARY INFORMATION:
Background
The Northeast Skate Complex Fishery Management Plan (FMP),
developed by the New England Fishery Management Council and implemented
in 2003, manages a complex of seven skate species (barndoor, clearnose,
little, rosette, smooth, thorny, and winter skate) off the New England
and Mid-Atlantic coasts. Skates are harvested and managed in two
different fisheries: one for food (the wing fishery) and one for
lobster bait (the bait fishery). Fishery specific allocations, called
total allowable landings (TALs), are set through biennial
specifications. Additional information on the skate fisheries can be
found online at https://www.greateratlantic.fisheries.noaa.gov/sustainable/species/skate/index.html.
While the wing and bait fisheries have several differing management
measures, such as possession limits, the management measures for the
two fisheries are closely related. Generally, the bait fishery operates
under an exemption from the wing fishery possession limits. The bait
fishery is managed under a 3-season fishing year: Season 1 is May 1
through August 31; Season 2 is September 1 through October 31; and,
Season 3 is November 1 through April 30. When the bait fishery reaches
a TAL threshold trigger of 90 percent of a season's TAL, an in-season
accountability measure for the bait fishery removes the exemption to
the wing-fishery possession limit. When this happens, the exemption is
removed and the bait fishery possession limit reverts to the
substantially lower wing possession limit. Additional information on
previous and current skate management measures can be reviewed through
the Council's Web site at http://www.nefmc.org/management-plans/skates.
The linked accountability measures for these fisheries recently
became problematic, during fishing year 2016 (Figure 1). Framework
Adjustment 3 included a 23-percent reduction in the TAL for fishing
years 2016-2017. Because of the reduced allocation, the skate bait TAL
threshold trigger was reached twice, requiring us to implement
incidental possession limits in Season 2 (81 FR 71641; October 18,
2016) and Season 3 (82 FR 8364; January 25, 2017). The first time, the
bait fishery possession limit was reduced from 25,000 lb (11,340 kg)
per trip to the standard skate wing possession limit (9,307 lb or 4,222
kg). The second time, however, the bait possession limit was reduced
simultaneously with the wing possession limit because the wing fishery
had reached its TAL threshold trigger of 85 percent. This adjustment,
to an incidental possession limit of 1,135 lb (515 kg) per trip,
effectively closed the skate bait fishery. This closure had substantial
negative impacts on the lobster fishery due to the lack of available
bait.
In response to the closure, the Council developed Framework 4 to
reduce the likelihood of a lengthy in-season closure while ensuring
bait landings do not exceed the TAL.
Proposed Measures
This action proposes several measures designed to de-couple the
skate wing and bait in-season possession limit
[[Page 48782]]
accountability measures, control catch, and potentially provide a more
consistent bait supply to the lobster fishery. Generally, these changes
are intended to slow fishing effort and catch to prevent or reduce the
need for a lengthy fishery closure while still allowing the fishery to
catch its TAL. Figure 2 shows how in-season accountability measures
would be implemented if Framework 4 were approved. We are proposing the
following measures, as recommended by the Council.
1. Reduce the Season 3 Bait Skate Possession Limit
This measure would reduce the Season 3 (November through April)
possession limit from 25,000 lb (11,340 kg) to 12,000 lb (5,443 kg).
Because Season 3 is the longest season in the bait fishery (6 months),
reducing the trip limit should slow the catch rate and lessen the
chance of closing the fishery.
2. Reduce the Season 3 Bait Skate TAL Threshold Trigger
This measure would change the Season 3 TAL threshold trigger at
which the incidental possession limit would become effective. Similar
to the proposed trip limit reduction, dropping the TAL threshold
trigger from 90 to 80 percent means that the incidental possession
limit would be enacted sooner, which would slow catch rates and
diminish the likelihood of closing the fishery.
3. Establish a Separate Bait Skate Incidental Possession Limit
As previously explained (and detailed in Figure 1), the current
regulations link the bait skate incidental possession limit to the
skate wing fishery possession limit. Currently, the bait skate
incidental possession limit is equivalent to the skate wing possession
limit. This action proposes to de-couple the in-season accountability
measures for the two fisheries and establish an 8,000-lb (3,629-kg)
incidental possession limit whenever the skate bait fishery is
projected to reach a seasonal threshold trigger.
Once implemented, an incidental possession limit could be removed
and the standard trip limit reinstated if catch projections indicate
the TAL will not be harvested and removing the limits are not expected
to result in exceeding the TAL.
4. Implement a Bait Skate Fishery Closure When the TAL Is Harvested
This measure would close the bait fishery when 100 percent of the
bait TAL is projected to be harvested. Currently, there is no measure
to close the fishery; the incidental possession limits for the bait
fishery are linked to the wing fishery. Adding this measure would
better ensure that the skate bait fishery does not exceed its TAL.
5. Removal of Incidental Possession Limit if Necessary To Achieve TAL
This action would also clarify, under the authority of section
305(d) of the Magnuson-Stevens Fishery Conservation and Management Act,
regulations pertaining to in-season possession limit reductions
(incidental possession limits) in the skate fishery. If NMFS determines
that an in-season possession limit reduction could prohibit the skate
bait fishery from achieving its annual TAL, NMFS may remove the in-
season reduction and reinstate the standard seasonal possession limit.
A similar action was taken during fishing year 2016 (82 FR 13564, March
14, 2017) and language is proposed at 50 CFR 648.322(f) to better
clarify the regulations to be consistent with the intent of the
Council.
BILLING CODE 3510-22-P
[[Page 48783]]
[GRAPHIC] [TIFF OMITTED] TP20OC17.000
BILLING CODE 3510-22-C
[[Page 48784]]
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has made a preliminary determination that
this proposed rule is consistent with the FMP, Framework 4, provisions
of the Magnuson-Stevens Act, and other applicable law, subject to
further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
This proposed rule does not contain policies with federalism or
``takings'' implications as those terms are defined in E.O. 13132 and
E.O. 12630, respectively.
An Initial Regulatory Flexibility Analysis (IRFA) was prepared for
this proposed rule, as required by section 603 of the Regulatory
Flexibility Act (RFA), 5 U.S.C. 603. The IRFA describes the economic
impact that this proposed rule would have on small entities, including
small businesses, and also determines ways to minimize these impacts.
The IRFA includes this section of the preamble to this rule and
analyses contained in Framework 4 and its accompanying EA/RIR/IRFA. A
copy of the full analysis is available from the Council (see
ADDRESSES). A summary of the IRFA follows.
Description of the Reasons Why Action by the Agency Is Being Considered
and Statement of the Objectives of, and Legal Basis for, This Proposed
Rule
A description of the action, why it is being considered, and the
legal basis for this action are contained in the preamble of this
proposed rule.
Description and Estimate of the Number of Small Entities to Which This
Proposed Rule Would Apply
The proposed modifications to skate bait fishery effort controls
would impact vessels that hold Federal open access commercial skate
permits that participate in the skate fishery or affiliated groups that
hold multiple open access commercial skate permits that participate in
the skate fishery. Within the skate bait fishery, the majority of
affiliate groups consist of a single permit-holder, or 71 vessels in
fishing year 2015. Four vessels belong to affiliated groups that hold
two or more permits.
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (NAICS code 11411) is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates), and has
combined annual receipts not in excess of $11 million for all its
affiliated operations worldwide. The Council's analysis indicates the
maximum number of small fishing entities that may be affected by this
action is 69 (71 vessels), based on 2015 data. During fishing year
2015, only 69 affiliated groups landed any amount of skate for bait. At
the permit level, every skate landing permit is defined as a small
business according to size standards (the top five vessels have total
revenues between 600 thousand and 1.9 million dollars in 2015).
Description of the Projected Reporting, Recordkeeping, and Other
Compliance Requirements of This Proposed Rule
This action does not introduce any new reporting, recordkeeping, or
other compliance requirements.
Federal Rules Which May Duplicate, Overlap, or Conflict With This
Proposed Rule
The proposed regulations do not create overlapping regulations with
any state regulations or other federal laws.
Description of Significant Alternatives to the Proposed Action Which
Accomplish the Stated Objectives of Applicable Statutes and Which
Minimize Any Significant Economic Impact on Small Entities
The Council considered revising the skate bait threshold trigger,
reduced possession limit, and closure independently, but elected to
include all of the measures into a single action. The Council was
concerned that independently, the measures would not restrict catch
enough and leave the fishery at risk of a substantial closure with
accompanying economic impacts. Incorporating all of the measures
proposed accomplishes the goals and objectives of the FMP and minimizes
the economic impact on small entities. Retaining the status quo
management measures would not slow catch and would result in the
fishery having a higher likelihood of closing for an extended period,
resulting in greater profit losses to industry.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: October 16, 2017.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be 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. 648.322, revise paragraphs (c) through (e) and add
paragraphs (f) and (g) to read as follows:
Sec. 648.322 Skate allocation, possession, and landing provisions.
* * * * *
(c) Bait Letter of Authorization (LOA). A skate vessel owner or
operator under this part may request and receive from the Regional
Administrator an exemption from the skate wing possession limit
restrictions for a minimum of 7 consecutive days, provided that when
the vessel is fishing pursuant to the terms of authorization at least
the following requirements and conditions are met:
(1) The vessel owner or operator obtains and retains onboard the
vessel a valid LOA. LOAs are available upon request from the Regional
Administrator.
(2) The vessel owner or operator fishes for, possesses, or lands
skates only for use as bait.
(3) The vessel owner or operator possesses or lands no more than
25,000 lb (11,340 kg) of whole skates per trip during Seasons 1 or 2
and no more than 12,000 lb (5,443 kg) of whole skates per trip during
Season 3.
(4) The vessel owner or operator possesses or lands only whole
skates less than 23 inches (58.42 cm) total length, and does not
possess or land any skate wings or whole skates greater than 23 inches
(58.42 cm) total length.
(5) Vessels that choose to possess or land skate wings during the
participation period of this letter of authorization must comply with
possession limit restrictions under paragraph (b) of this section for
all skates or skate parts on board. Vessels possessing skate wings in
compliance with the possession limit restrictions under paragraph (b)
may fish for, possess, or land skates for uses other than bait.
(6) The vessel owner or operator complies with the transfer at sea
requirements at Sec. 648.13(h).
[[Page 48785]]
(d) In-season adjustment of skate bait possession limits. When the
Regional Administrator projects that 90 percent of the skate bait
fishery seasonal quota has been landed in Seasons 1 or 2, or 80 percent
of the annual skate bait fishery TAL has been landed, the Regional
Administrator shall, through a notice in the Federal Register
consistent with the Administrative Procedure Act, reduce the skate bait
trip limit to 8,000 lb (3,629 kg) of whole skates for the remainder of
the quota period, unless such a reduction would be expected to prevent
attainment of the seasonal quota or annual TAL.
(e) In-season closure of skate bait fishery. When the Regional
Administrator projects that 100 percent of the skate bait fishery TAL
will be landed, the Regional Administrator shall, through a notice in
the Federal Register consistent with the Administrative Procedure Act,
close the skate bait fishery, unless such a closure would be expected
to prevent attainment of the annual TAL. During a skate bait fishery
closure all skate bait LOAs as described in paragraph (c) of this
section are void. All skates harvested and landed during a skate bait
fishery closure will be attributed towards the skate-wing TAL as
described in this section.
(f) Removal of in-season possession limit reductions. If it is
determined that an in-season trip limit reduction as described in
paragraphs (d) and (e) of this section could prohibit the skate bait
fishery from achieving its annual TAL, the in-season reduction may be
removed.
(g) Prohibitions on possession of skates. A vessel fishing in the
EEZ portion of the Skate Management Unit may not:
(1) Retain, possess, or land barndoor or thorny skates taken in or
from the EEZ portion of the Skate Management Unit.
(2) Retain, possess, or land smooth skates taken in or from the GOM
RMA described at Sec. 648.80(a)(1)(i).
[FR Doc. 2017-22719 Filed 10-19-17; 8:45 am]
BILLING CODE 3510-22-P