81_FR_36359 81 FR 36251 - Fisheries of the Northeastern United States; Northeast Skate Complex Fishery; Framework Adjustment 3 and 2016-2017 Specifications

81 FR 36251 - Fisheries of the Northeastern United States; Northeast Skate Complex Fishery; Framework Adjustment 3 and 2016-2017 Specifications

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 108 (June 6, 2016)

Page Range36251-36253
FR Document2016-13236

This rule proposes regulations to approve and implement measures in Framework Adjustment 3 and 2016-2017 Specifications (Framework 3) to the Northeast Skate Complex Fishery Management Plan (FMP). Framework 3 would implement skate fishery specifications and a new seasonal quota allocation for the skate wing fishery. The action is necessary to update the Skate FMP to be consistent with the most recent scientific information, and improve management of the skate fisheries. The proposed action is expected to help conserve skate stocks, while maintaining economic opportunities for the skate fisheries.

Federal Register, Volume 81 Issue 108 (Monday, June 6, 2016)
[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Proposed Rules]
[Pages 36251-36253]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13236]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 160301164-6164-01]
RIN 0648-BF87


Fisheries of the Northeastern United States; Northeast Skate 
Complex Fishery; Framework Adjustment 3 and 2016-2017 Specifications

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: This rule proposes regulations to approve and implement 
measures in Framework Adjustment 3 and 2016-2017 Specifications 
(Framework 3) to the Northeast Skate Complex Fishery Management Plan 
(FMP). Framework 3 would implement skate fishery specifications and a 
new seasonal quota allocation for the skate wing fishery. The action is 
necessary to update the Skate FMP to be consistent with the most recent 
scientific information, and improve management of the skate fisheries. 
The proposed action is expected to help conserve skate stocks, while 
maintaining economic opportunities for the skate fisheries.

DATES: Comments must be received on or before June 21, 2016.

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.greateratlantic.fisheries.noaa.gov.
    You may submit comments, identified by NOAA-NMFS-2016-0054, by any 
one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0054, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: NMFS, Greater Atlantic Regional Fisheries Office, 55 
Great Republic Drive, Gloucester, MA 01930. Mark the outside of the 
envelope ``Comments on Skate Framework 3.''
    Instructions: Comments must be submitted by one of the above 
methods to ensure that the comments are received, documented, and 
considered by NMFS. 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. 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) 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).

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.
    The regulations implementing the Skate FMP at 50 CFR part 648, 
subpart O, outline the management procedures and measures for the skate 
fisheries. Specifications including the annual catch limit (ACL), 
annual catch target (ACT), total allowable landings (TALs) for the 
skate wing and bait fisheries, and possession limits may be specified 
for up to 2 years. The current specifications were implemented as part 
of Framework Adjustment 2 to the Skate FMP (79 FR 51504, August 29, 
2014). The Council is required to develop new specifications for the 
2016 and 2017 fishing years. The existing specifications and possession 
limits remain in effect until they are replaced. In addition to setting 
specifications, the Council desired to modify the in-season management 
of the skate wing fishery, including a new seasonal allocation of the 
quota in a framework adjustment.
    In September 2015, the Council's Scientific and Statistical 
Committee reviewed updated information on the status of the seven 
species in the skate complex, including new research on discard 
mortality rates, and recommended an ABC of 31,081 mt for 2016 and 2017 
(a 12-percent reduction from 2015). The recommended catch reduction is 
based on trawl survey biomass declines in little and clearnose skates, 
as well as adjustments to historical catch estimates derived from the 
new discard mortality rate data (lower than previously assumed). 
According to the most recent stock status information, no skates are 
experiencing overfishing, and only thorny skate is in an overfished 
condition. Thorny skate continues to be a prohibited species as part of 
its long-term stock rebuilding plan. More details are provided in the 
EA (see ADDRESSES).
    The Council's Skate Oversight Committee and Advisory Panel (AP) met 
in October 2015 to develop specification recommendations for Council 
consideration, following the procedures in Amendment 3 to the Skate FMP 
(75 FR 34049, June 16, 2010). Following these procedures, the 
recommended ABC reduction, in addition to increases in the skate 
discard rate in recent years, resulted in a 23-percent decline in the 
total allowable landings (TAL) from 2015 levels. Due to the 23-percent 
reduction in the TAL, the Committee and AP discussed tradeoffs between 
reducing possession limits versus seasonally allocating the TAL in an 
effort to avoid in-season closures and maintain a steady supply of 
skate wings across the year.

Proposed Framework Adjustment Measure

    The Council ultimately decided to recommend status quo possession 
limits (see Proposed Specification Measures), but to use a framework 
adjustment to allocate 57 percent of the skate wing TAL to a Season 1 
quota (May 1-August 31). Under this action, the Regional Administrator 
would be given the authority to reduce the skate wing possession limit 
from 2,600 lb (1,179 kg) to an incidental catch level of 500 lb (227 
kg) when 85 percent of the Season 1 quota is projected to be landed. If 
85 percent of the Season 1 quota is projected to be landed between May 
1

[[Page 36252]]

and August 17, the Regional Administrator would be required to reduce 
the possession limit. However, if 85 percent of the quota is projected 
to be landed between August 18 and August 31, the Regional 
Administrator would have discretion on whether or not to reduce the 
possession limit. The directed fishery would re-open with a 4,100-lb 
(1,860-kg) possession limit on September 1 with the remainder of the 
annual skate wing TAL available in Season 2.
    In Season 2, the Regional Administrator may reduce the possession 
limit to 500 lb (227 kg) when 85 percent of the annual skate wing TAL 
is projected to be landed, consistent with the existing authority 
provided in the regulations implemented in Framework Adjustment 1 to 
the Skate FMP (76 FR 28328, May 17, 2011). These in-season possession 
limit reductions are designed to mitigate the potential for prolonged 
closures for the directed skate fishery, while still allowing some 
incidental catches to be landed.

Proposed Specification Measures

    The Council has recommended, and NMFS is proposing in this rule, 
the following specifications for the skate fisheries for the 2016-2017 
fishing years:
    1. Skate Complex ABC and ACL of 31,081 mt;
    2. Skate Complex ACT of 23,311 mt;
    3. A TAL of 8,372 mt for the skate wing fishery, with 4,772 mt (57 
percent) allocated to Season 1 (May 1-August 31), and the remainder of 
the TAL (at least 43 percent) allocated to Season 2 (September 1-April 
30);
    4. 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 1 (May 
1 through August 31), and 4,100 lb (1,860 kg) wing weight per trip for 
Season 2 (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;
    5. A TAL of 4,218 mt for the skate bait fishery, divided into three 
seasons according to the current regulations at Sec.  648.322; and
    6. 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.

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 Skate FMP, other 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 
the purpose of E.O. 12866.
    The Council prepared an IRFA, as required by section 603 of the 
Regulatory Flexibility Act (RFA). The IRFA consists of Framework 3, the 
EA for Framework 3, and this preamble to the proposed rule. The IRFA 
describes the economic impact this proposed rule, if adopted, would 
have on small entities. A copy of this analysis is available from the 
Council (see ADDRESSES). The following is a summary of the IRFA.

Description of the Reasons Why Action by the Agency Is Being Considered 
and Statement of 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 Background section of 
the preamble and in the SUMMARY of this proposed rule.

Description of the Projected Reporting, Record-Keeping, 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

    This proposed rule does not duplicate, overlap, or conflict with 
other Federal rules.

Description and Estimate of Number of Small Entities to Which the Rule 
Would Apply

    This proposed rule would impact fishing vessels, including 
commercial fishing entities. In 2014, there were 2,012 vessels that 
held an open access skate permit. However, only 431 of those permit 
holders were active participants in the commercial skate fishery (i.e., 
landed any amount of skates). If two or more vessels have identical 
owners, these vessels are considered to be part of the same firm. In 
2014, there were 67 vessels within affiliate groups; therefore, the 
total number of active entities is 364. According to the Small Business 
Administration (SBA), firms are classified as finfish or shellfish 
firms based on the activity from 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), 361 of the 364 entities 
were small businesses in 2014; only three entities (0.8%) qualified as 
large businesses. On average, for small entities, skate is responsible 
for a small fraction of total landings, and active participants derive 
a small share of gross receipts from the skate fishery.

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

    This proposed rule includes management measure alternatives for (1) 
the skate complex ACL and associated ACT and TALs, (2) possession 
limits in the skate wing and bait fisheries, and (3) seasonal 
allocation alternatives in the skate wing fishery.
    With respect to the latter two management measures, the proposed 
action includes the alternatives that are expected to minimize any 
potential economic impacts compared to the other alternatives. This 
action proposes to maintain the current skate bait and skate wing trip 
limits. It would also apportion a percentage of the wing TAL to each 
season and establish an in-season trigger for season one. Therefore, 
the remainder of this summary will focus on the first management 
measure alternatives (i.e., ACLs).
    The proposed ACL alternative described in the preamble of this 
proposed rule represents a reduction in the allowable catch and 
landings as compared to the no action alternative. Therefore, as 
compared to the proposed action, the no action alternative would result 
in less short-term economic impacts. During 2014, total revenues from 
skate landings were valued at approximately $8.9 million. Compared to 
the no action alternative, the proposed reduction in the skate TALs (23 
percent) could reduce potential annual skate revenues. However, actual 
skate landings in recent years have been close to the proposed TAL, 
suggesting that it is unlikely that potential revenue losses would be 
directly commensurate with the TAL reduction. If skate landings in 2016 
and 2017 are comparable to those observed in 2014 and 2015, then most 
skate vessels may experience little loss of skate revenue, and the 
fishery may actually come closer to fully harvesting the available 
amount of landings. According to the

[[Page 36253]]

analysis in the EA (see ADDRESSES), based on 2014 data, most entities 
(95 percent) would experience total landings revenue losses of less 
than 10 percent. Approximately 12 affiliate groups would experience 
losses of 10-15 percent, and 7 affiliate groups would experience losses 
greater than 15 percent.
    The no action alternative is not expected to result in any 
additional short-term reductions in landings revenue. Given the recent 
performance of the skate fisheries, the no action alternative could 
minimize economic impacts and still achieve the stated objectives of 
this action. However, the no action alternative does not include all of 
the most recent information on skate stock status and discard mortality 
rates, and could result in a higher risk of overfishing the skate 
complex resulting in long-term economic impacts.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: May 26, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 648 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 (a)(1) and (b)(2) to read as 
follows:


Sec.  648.322  Skate allocation, possession, and landing provisions.

    (a) * * *
    (1) A total of 66.5 percent of the annual skate complex TAL shall 
be allocated to the skate wing fishery. All skate products that are 
landed in wing form, for the skate wing market, or classified by 
Federal dealers as food as required under Sec.  648.7(a)(1)(i), shall 
count against the skate wing fishery TAL. The annual skate wing fishery 
TAL shall be allocated in two seasonal quota periods as follows:
    (i) Season 1--May 1 through August 31, 57 percent of the annual 
skate wing fishery TAL shall be allocated;
    (ii) Season 2--September 1 through April 30, the remainder of the 
annual skate wing fishery TAL not landed in Season 1 shall be 
allocated.
* * * * *
    (b) * * *
    (2) In-season adjustment of skate wing possession limits. The 
Regional Administrator shall, through a notice in the Federal Register 
consistent with the Administrative Procedure Act, reduce the skate wing 
possession limit to 500 lb (227 kg) of skate wings (1,135 lb (515 kg) 
whole weight or any prorated combination of the allowable landing forms 
defined at paragraph (b)(4) of this section) for the remainder of the 
applicable quota season, under the following circumstances:
    (i) When 85 percent of the Season 1 skate wing quota is projected 
to be landed between May 1 and August 17, the Regional Administrator 
shall reduce the skate wing possession limit to the incidental level 
described in paragraph (b)(2) of this section.
    (ii) When 85 percent of the Season 1 skate wing quota is projected 
to be landed between August 18 and August 31, the Regional 
Administrator may reduce the skate wing possession limit to the 
incidental level described in paragraph (b)(2) of this section.
    (iii) In Season 2, when 85 percent of the annual skate wing fishery 
TAL is projected to be landed, the Regional Administrator shall reduce 
the skate wing possession limit to the incidental level described in 
this paragraph, unless such a reduction would be expected to prevent 
attainment of the annual TAL.
* * * * *
[FR Doc. 2016-13236 Filed 6-3-16; 8:45 am]
 BILLING CODE 3510-22-P



                                                                            Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Proposed Rules                                            36251

                                                  [FR Doc. 2016–13189 Filed 6–3–16; 8:45 am] • Mail: NMFS, Greater Atlantic                                      existing specifications and possession
                                                  BILLING CODE 6820–EP–C                  Regional Fisheries Office, 55 Great                                    limits remain in effect until they are
                                                                                          Republic Drive, Gloucester, MA 01930.                                  replaced. In addition to setting
                                                                                          Mark the outside of the envelope                                       specifications, the Council desired to
                                                  DEPARTMENT OF COMMERCE                  ‘‘Comments on Skate Framework 3.’’                                     modify the in-season management of the
                                                                                             Instructions: Comments must be                                      skate wing fishery, including a new
                                                  National Oceanic and Atmospheric        submitted by one of the above methods                                  seasonal allocation of the quota in a
                                                  Administration                          to ensure that the comments are                                        framework adjustment.
                                                                                          received, documented, and considered                                      In September 2015, the Council’s
                                                  50 CFR Part 648                         by NMFS. Comments sent by any other                                    Scientific and Statistical Committee
                                                                                          method, to any other address or                                        reviewed updated information on the
                                                  [Docket No. 160301164–6164–01]          individual, or received after the end of                               status of the seven species in the skate
                                                                                          the comment period, may not be                                         complex, including new research on
                                                  RIN 0648–BF87                                                                                                  discard mortality rates, and
                                                                                          considered. All comments received are
                                                                                          a part of the public record and will                                   recommended an ABC of 31,081 mt for
                                                  Fisheries of the Northeastern United
                                                                                          generally be posted for public viewing                                 2016 and 2017 (a 12-percent reduction
                                                  States; Northeast Skate Complex
                                                                                          on www.regulations.gov without change.                                 from 2015). The recommended catch
                                                  Fishery; Framework Adjustment 3 and
                                                                                          All personal identifying information                                   reduction is based on trawl survey
                                                  2016–2017 Specifications
                                                                                          (e.g., name, address) submitted                                        biomass declines in little and clearnose
                                                  AGENCY: National Marine Fisheries       voluntarily by the sender will be                                      skates, as well as adjustments to
                                                  Service (NMFS), National Oceanic and    publicly accessible. Do not submit                                     historical catch estimates derived from
                                                  Atmospheric Administration (NOAA),      confidential business information, or                                  the new discard mortality rate data
                                                  Commerce.                               otherwise sensitive or protected                                       (lower than previously assumed).
                                                  ACTION: Proposed rule; request for      information. NMFS will accept                                          According to the most recent stock
                                                  comments.                               anonymous comments (enter ‘‘N/A’’ in                                   status information, no skates are
                                                                                          the required fields if you wish to remain                              experiencing overfishing, and only
                                                  SUMMARY: This rule proposes regulations anonymous).                                                            thorny skate is in an overfished
                                                  to approve and implement measures in                                                                           condition. Thorny skate continues to be
                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                  Framework Adjustment 3 and 2016–                                                                               a prohibited species as part of its long-
                                                                                          Tobey Curtis, Fishery Policy Analyst,
                                                  2017 Specifications (Framework 3) to                                                                           term stock rebuilding plan. More details
                                                                                          (978) 281–9273.
                                                  the Northeast Skate Complex Fishery                                                                            are provided in the EA (see ADDRESSES).
                                                                                          SUPPLEMENTARY INFORMATION:                                                The Council’s Skate Oversight
                                                  Management Plan (FMP). Framework 3
                                                  would implement skate fishery           Background                                                             Committee and Advisory Panel (AP) met
                                                  specifications and a new seasonal quota                                                                        in October 2015 to develop specification
                                                                                             The New England Fishery                                             recommendations for Council
                                                  allocation for the skate wing fishery.  Management Council is responsible for
                                                  The action is necessary to update the                                                                          consideration, following the procedures
                                                                                          developing management measures for                                     in Amendment 3 to the Skate FMP (75
                                                  Skate FMP to be consistent with the     skate fisheries in the northeastern U.S.
                                                  most recent scientific information, and                                                                        FR 34049, June 16, 2010). Following
                                                                                          through the Northeast Skate Complex                                    these procedures, the recommended
                                                  improve management of the skate         Fishery Management Plan (Skate FMP).
                                                  fisheries. The proposed action is                                                                              ABC reduction, in addition to increases
                                                                                          Seven skate species are managed under                                  in the skate discard rate in recent years,
                                                  expected to help conserve skate stocks, the Skate FMP: Winter; little; thorny;
                                                  while maintaining economic                                                                                     resulted in a 23-percent decline in the
                                                                                          barndoor; smooth; clearnose; and                                       total allowable landings (TAL) from
                                                  opportunities for the skate fisheries.  rosette. The Council’s Scientific and                                  2015 levels. Due to the 23-percent
                                                  DATES: Comments must be received on     Statistical Committee reviews the best                                 reduction in the TAL, the Committee
                                                  or before June 21, 2016.                available information on the status of                                 and AP discussed tradeoffs between
                                                  ADDRESSES: Copies of the framework,     skate populations and makes                                            reducing possession limits versus
                                                  including the Environmental             recommendations on acceptable                                          seasonally allocating the TAL in an
                                                  Assessment and Regulatory Impact        biological catch (ABC) for the skate                                   effort to avoid in-season closures and
                                                  Review (EA/RIR) and other supporting    complex (all seven species). This                                      maintain a steady supply of skate wings
                                                  documents for the action are available  recommendation is then used as the                                     across the year.
                                                  from Thomas A. Nies, Executive          basis for catch limits and other
                                                  Director, New England Fishery           management measures for the skate                                      Proposed Framework Adjustment
                                                  Management Council, 50 Water Street,    fisheries.                                                             Measure
                                                  Mill 2, Newburyport, MA 01950. The         The regulations implementing the                                       The Council ultimately decided to
                                                  framework is also accessible via the    Skate FMP at 50 CFR part 648, subpart                                  recommend status quo possession limits
                                                  Internet at: http://                    O, outline the management procedures                                   (see Proposed Specification Measures),
                                                  www.greateratlantic.fisheries.noaa.gov. and measures for the skate fisheries.                                  but to use a framework adjustment to
                                                     You may submit comments, identified Specifications including the annual                                     allocate 57 percent of the skate wing
                                                  by NOAA–NMFS–2016–0054, by any          catch limit (ACL), annual catch target                                 TAL to a Season 1 quota (May 1–August
                                                  one of the following methods:           (ACT), total allowable landings (TALs)                                 31). Under this action, the Regional
sradovich on DSK3TPTVN1PROD with PROPOSALS




                                                     • Electronic Submissions: Submit all for the skate wing and bait fisheries, and                             Administrator would be given the
                                                  electronic public comments via the      possession limits may be specified for                                 authority to reduce the skate wing
                                                  Federal e-Rulemaking portal. Go to      up to 2 years. The current specifications                              possession limit from 2,600 lb (1,179 kg)
                                                  www.regulations.gov/                    were implemented as part of Framework                                  to an incidental catch level of 500 lb
                                                  #!docketDetail;D=NOAA-NMFS-2016-        Adjustment 2 to the Skate FMP (79 FR                                   (227 kg) when 85 percent of the Season
                                                  0054, click the ‘‘Comment Now!’’ icon,  51504, August 29, 2014). The Council is                                1 quota is projected to be landed. If 85
                                                  complete the required fields, and enter required to develop new specifications                                 percent of the Season 1 quota is
                                                  or attach your comments.                for the 2016 and 2017 fishing years. The                               projected to be landed between May 1


                                             VerDate Sep<11>2014   16:27 Jun 03, 2016   Jkt 238001   PO 00000   Frm 00066   Fmt 4702   Sfmt 4702   E:\FR\FM\06JNP1.SGM   06JNP1


                                                  36252                     Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Proposed Rules

                                                  and August 17, the Regional                             Classification                                         classified as finfish or shellfish firms
                                                  Administrator would be required to                         Pursuant to section 304(b)(1)(A) of the             based on the activity from which they
                                                  reduce the possession limit. However, if                Magnuson-Stevens Act, the NMFS                         derive the most revenue. Using the
                                                  85 percent of the quota is projected to                 Assistant Administrator has made a                     $5.5M cutoff for shellfish firms (NAICS
                                                  be landed between August 18 and                         preliminary determination that this                    114112) and the $20.5M cutoff for
                                                  August 31, the Regional Administrator                   proposed rule is consistent with the                   finfish firms (NAICS 114111), 361 of the
                                                  would have discretion on whether or                     Skate FMP, other provisions of the                     364 entities were small businesses in
                                                  not to reduce the possession limit. The                 Magnuson-Stevens Act, and other                        2014; only three entities (0.8%)
                                                  directed fishery would re-open with a                   applicable law, subject to further                     qualified as large businesses. On
                                                  4,100-lb (1,860-kg) possession limit on                 consideration after public comment.                    average, for small entities, skate is
                                                  September 1 with the remainder of the                      This proposed rule has been                         responsible for a small fraction of total
                                                  annual skate wing TAL available in                      determined to be not significant for the               landings, and active participants derive
                                                  Season 2.                                               purpose of E.O. 12866.                                 a small share of gross receipts from the
                                                     In Season 2, the Regional                               The Council prepared an IRFA, as                    skate fishery.
                                                  Administrator may reduce the                            required by section 603 of the                         Description of Significant Alternatives
                                                  possession limit to 500 lb (227 kg) when                Regulatory Flexibility Act (RFA). The                  to the Proposed Action Which
                                                  85 percent of the annual skate wing TAL                 IRFA consists of Framework 3, the EA                   Accomplish the Stated Objectives of
                                                  is projected to be landed, consistent                   for Framework 3, and this preamble to                  Applicable Statutes and Which
                                                  with the existing authority provided in                 the proposed rule. The IRFA describes                  Minimize Any Significant Economic
                                                  the regulations implemented in                          the economic impact this proposed rule,                Impact on Small Entities
                                                  Framework Adjustment 1 to the Skate                     if adopted, would have on small
                                                  FMP (76 FR 28328, May 17, 2011).                        entities. A copy of this analysis is                      This proposed rule includes
                                                  These in-season possession limit                        available from the Council (see                        management measure alternatives for (1)
                                                  reductions are designed to mitigate the                 ADDRESSES). The following is a
                                                                                                                                                                 the skate complex ACL and associated
                                                  potential for prolonged closures for the                summary of the IRFA.                                   ACT and TALs, (2) possession limits in
                                                                                                                                                                 the skate wing and bait fisheries, and (3)
                                                  directed skate fishery, while still                     Description of the Reasons Why Action                  seasonal allocation alternatives in the
                                                  allowing some incidental catches to be                  by the Agency Is Being Considered and                  skate wing fishery.
                                                  landed.                                                 Statement of Objectives of, and Legal                     With respect to the latter two
                                                  Proposed Specification Measures                         Basis for, This Proposed Rule                          management measures, the proposed
                                                                                                            A description of the action, why it is               action includes the alternatives that are
                                                     The Council has recommended, and
                                                                                                          being considered, and the legal basis for              expected to minimize any potential
                                                  NMFS is proposing in this rule, the
                                                                                                          this action are contained in the                       economic impacts compared to the
                                                  following specifications for the skate
                                                                                                          Background section of the preamble and                 other alternatives. This action proposes
                                                  fisheries for the 2016–2017 fishing                                                                            to maintain the current skate bait and
                                                  years:                                                  in the SUMMARY of this proposed rule.
                                                                                                                                                                 skate wing trip limits. It would also
                                                     1. Skate Complex ABC and ACL of                      Description of the Projected Reporting,                apportion a percentage of the wing TAL
                                                  31,081 mt;                                              Record-Keeping, and Other Compliance                   to each season and establish an in-
                                                     2. Skate Complex ACT of 23,311 mt;                   Requirements of This Proposed Rule                     season trigger for season one. Therefore,
                                                     3. A TAL of 8,372 mt for the skate                                                                          the remainder of this summary will
                                                                                                            This action does not introduce any
                                                  wing fishery, with 4,772 mt (57 percent)                                                                       focus on the first management measure
                                                                                                          new reporting, recordkeeping, or other
                                                  allocated to Season 1 (May 1–August                                                                            alternatives (i.e., ACLs).
                                                                                                          compliance requirements.
                                                  31), and the remainder of the TAL (at                                                                             The proposed ACL alternative
                                                  least 43 percent) allocated to Season 2                 Federal Rules Which May Duplicate,                     described in the preamble of this
                                                  (September 1–April 30);                                 Overlap, or Conflict With This Proposed                proposed rule represents a reduction in
                                                     4. Status quo skate wing possession                  Rule                                                   the allowable catch and landings as
                                                  limits, as defined in § 648.322(b): 2,600                 This proposed rule does not                          compared to the no action alternative.
                                                  lb (1,179 kg) wing weight per trip for                  duplicate, overlap, or conflict with other             Therefore, as compared to the proposed
                                                  Season 1 (May 1 through August 31),                     Federal rules.                                         action, the no action alternative would
                                                  and 4,100 lb (1,860 kg) wing weight per                                                                        result in less short-term economic
                                                  trip for Season 2 (September 1 through                  Description and Estimate of Number of                  impacts. During 2014, total revenues
                                                  April 30) for vessels fishing on a                      Small Entities to Which the Rule Would                 from skate landings were valued at
                                                  Northeast Multispecies, Monkfish, or                    Apply                                                  approximately $8.9 million. Compared
                                                  Scallop day-at-sea. The Northeast                          This proposed rule would impact                     to the no action alternative, the
                                                  Multispecies Category-B day-at-sea                      fishing vessels, including commercial                  proposed reduction in the skate TALs
                                                  possession limit remains at 220 lb (100                 fishing entities. In 2014, there were                  (23 percent) could reduce potential
                                                  kg) wing weight per trip, and the non-                  2,012 vessels that held an open access                 annual skate revenues. However, actual
                                                  day-at-sea incidental possession limit                  skate permit. However, only 431 of                     skate landings in recent years have been
                                                  remains at 500 lb (227 kg) wing weight                  those permit holders were active                       close to the proposed TAL, suggesting
                                                  per trip;                                               participants in the commercial skate                   that it is unlikely that potential revenue
                                                     5. A TAL of 4,218 mt for the skate bait              fishery (i.e., landed any amount of                    losses would be directly commensurate
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                                                  fishery, divided into three seasons                     skates). If two or more vessels have                   with the TAL reduction. If skate
                                                  according to the current regulations at                 identical owners, these vessels are                    landings in 2016 and 2017 are
                                                  § 648.322; and                                          considered to be part of the same firm.                comparable to those observed in 2014
                                                     6. Status quo skate bait possession                  In 2014, there were 67 vessels within                  and 2015, then most skate vessels may
                                                  limit, as defined in § 648.322(c): 25,000               affiliate groups; therefore, the total                 experience little loss of skate revenue,
                                                  lb (11,340 kg) whole weight per trip for                number of active entities is 364.                      and the fishery may actually come
                                                  vessels carrying a valid Skate Bait Letter              According to the Small Business                        closer to fully harvesting the available
                                                  of Authorization.                                       Administration (SBA), firms are                        amount of landings. According to the


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                                                                            Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Proposed Rules                                                  36253

                                                  analysis in the EA (see ADDRESSES),                     PART 648—FISHERIES OF THE                              Administrative Procedure Act, reduce
                                                  based on 2014 data, most entities (95                   NORTHEASTERN UNITED STATES                             the skate wing possession limit to 500
                                                  percent) would experience total                                                                                lb (227 kg) of skate wings (1,135 lb (515
                                                  landings revenue losses of less than 10                 ■ 1. The authority citation for part 648               kg) whole weight or any prorated
                                                  percent. Approximately 12 affiliate                     continues to read as follows:                          combination of the allowable landing
                                                  groups would experience losses of 10–                       Authority: 16 U.S.C. 1801 et seq.                  forms defined at paragraph (b)(4) of this
                                                  15 percent, and 7 affiliate groups would                                                                       section) for the remainder of the
                                                                                                          ■ 2. In § 648.322, revise paragraphs
                                                  experience losses greater than 15                                                                              applicable quota season, under the
                                                  percent.                                                (a)(1) and (b)(2) to read as follows:
                                                                                                                                                                 following circumstances:
                                                     The no action alternative is not                     § 648.322 Skate allocation, possession,
                                                  expected to result in any additional                    and landing provisions.
                                                                                                                                                                   (i) When 85 percent of the Season 1
                                                  short-term reductions in landings                                                                              skate wing quota is projected to be
                                                                                                             (a) * * *
                                                  revenue. Given the recent performance                      (1) A total of 66.5 percent of the                  landed between May 1 and August 17,
                                                  of the skate fisheries, the no action                   annual skate complex TAL shall be                      the Regional Administrator shall reduce
                                                  alternative could minimize economic                     allocated to the skate wing fishery. All               the skate wing possession limit to the
                                                  impacts and still achieve the stated                    skate products that are landed in wing                 incidental level described in paragraph
                                                  objectives of this action. However, the                 form, for the skate wing market, or                    (b)(2) of this section.
                                                  no action alternative does not include                  classified by Federal dealers as food as                 (ii) When 85 percent of the Season 1
                                                  all of the most recent information on                   required under § 648.7(a)(1)(i), shall                 skate wing quota is projected to be
                                                  skate stock status and discard mortality                count against the skate wing fishery                   landed between August 18 and August
                                                  rates, and could result in a higher risk                TAL. The annual skate wing fishery                     31, the Regional Administrator may
                                                  of overfishing the skate complex                        TAL shall be allocated in two seasonal                 reduce the skate wing possession limit
                                                  resulting in long-term economic                         quota periods as follows:                              to the incidental level described in
                                                  impacts.                                                   (i) Season 1—May 1 through August                   paragraph (b)(2) of this section.
                                                  List of Subjects in 50 CFR Part 648                     31, 57 percent of the annual skate wing
                                                                                                                                                                   (iii) In Season 2, when 85 percent of
                                                                                                          fishery TAL shall be allocated;
                                                    Fisheries, Fishing, Reporting and                        (ii) Season 2—September 1 through                   the annual skate wing fishery TAL is
                                                  recordkeeping requirements.                             April 30, the remainder of the annual                  projected to be landed, the Regional
                                                    Dated: May 26, 2016.                                  skate wing fishery TAL not landed in                   Administrator shall reduce the skate
                                                  Samuel D. Rauch III,                                    Season 1 shall be allocated.                           wing possession limit to the incidental
                                                  Deputy Assistant Administrator for                                                                             level described in this paragraph, unless
                                                                                                          *       *    *     *     *
                                                  Regulatory Programs, National Marine                       (b) * * *                                           such a reduction would be expected to
                                                  Fisheries Service.                                         (2) In-season adjustment of skate wing              prevent attainment of the annual TAL.
                                                    For the reasons set out in the                        possession limits. The Regional                        *      *     *     *    *
                                                  preamble, NMFS proposes to amend 50                     Administrator shall, through a notice in               [FR Doc. 2016–13236 Filed 6–3–16; 8:45 am]
                                                  CFR part 648 as follows:                                the Federal Register consistent with the               BILLING CODE 3510–22–P
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Document Created: 2016-06-04 00:16:43
Document Modified: 2016-06-04 00:16:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; request for comments.
DatesComments must be received on or before June 21, 2016.
ContactTobey Curtis, Fishery Policy Analyst, (978) 281-9273.
FR Citation81 FR 36251 
RIN Number0648-BF87
CFR AssociatedFisheries; Fishing and Reporting and Recordkeeping Requirements

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