81 FR 54744 - 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 159 (August 17, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 159 (August 17, 2016)
| Page Range | 54744-54747 | |
| FR Document | 2016-19601 |
[Federal Register Volume 81, Number 159 (Wednesday, August 17, 2016)] [Rules and Regulations] [Pages 54744-54747] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-19601] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 160301164-6694-02] 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: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule approves regulations to implement Northeast Skate Complex Fishery Management Plan Framework Adjustment 3 management measures, including fishing year 2016-2017 specifications, and implements a new seasonal quota allocation for the skate wing fishery. This rule is necessary because it updates the Skate Fishery Management Plan to be consistent with the most recent scientific information and it improves management of the skate fisheries. The intended effect of this rule is to help conserve skate stocks while maintaining economic opportunities for the skate fisheries. DATES: Effective on August 17, 2016. ADDRESSES: Copies of Framework 3, 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. FOR FURTHER INFORMATION CONTACT: William Whitmore, Fishery Policy Analyst, (978) 281-9182. SUPPLEMENTARY INFORMATION: Background Approved Measures On June 6, 2016, we proposed in the Federal Register (81 FR 36251) management modifications to implement Framework Adjustment 3 to the Northeast Skate Complex Fishery Management (FMP), which includes catch specifications for fishing years 2016-2017. After reviewing public comments in response to the proposed rule, we are approving Framework 3 and the 2016-2017 specifications as detailed in our proposed rule. Specifications for Fishing Years 2016-2017 Specifications including the acceptable biological catch (ABC), annual catch limit (ACL), annual catch target (ACT), and total allowable landings (TALs) for the skate wing and bait fisheries, as well as possession limits, may be specified for up to 2 years. The 2016-2017 skate complex ABC and ACL is 31,081 metric tons (mt). After removing management uncertainty from the ABC, the ACT that remains is 23,311 mt. After removing discards and state landings from the ACT, the TAL that remains is 12,872 mt. Tables 1 and 2 (below) detail TALs and possession limits for the skate wing and skate bait fisheries--there are no possession limit changes from last year. These specifications and possession limits remain in effect until they are replaced. Table 1--Total Allowable Landings for Fishing Years 2016-2017 ------------------------------------------------------------------------ Total Allowable Landings (TAL) mt ------------------------------------------------------------------------ Skate Wing Fishery: Season 1 (May 1-Aug 31)............................. 4,722 Season 2 (Sept 1-Apr 30)............................ 3,600 [[Page 54745]] Skate Bait Fishery: Season 1 (May 1-Jul 31)............................. 1,299 Season 2 (Aug 1-Oct 31)............................. 1,565 Season 3 (Nov 1-Apr 30)............................. 1,354 ------------------------------------------------------------------------ Table 2--Possession Limits for Fishing Years 2016-2017 ---------------------------------------------------------------------------------------------------------------- Trip limits ----------------------------------------------------------------------------- Skate possession limits * Whole skate w/bait Skate wings Whole skates letter of authorization ---------------------------------------------------------------------------------------------------------------- NE Multispecies, Scallop, or Monkfish Day-At-Sea (DAS): Season 1 (May 1-Aug 31)....... 2,600 lb................ 5,902 lb................ 25,000 lb. 1,179 kg................ 2,677 kg................ 11,340 kg. Season 2 (Sept 1-Apr 30)...... 4,100 lb................ 9,306 lb................ 1,860 kg................ 4,221 kg................ ---------------------------------------------------------------------------------------------------------------- NE Multispecies B DAS: May 1-Apr 30.................. 220 lb.................. 500 lb.................. 500 lb. 100 kg.................. 227 kg.................. 227 kg. ---------------------------------------------------------------------------------------------------------------- Non-DAS: May 1-Apr 30.................. 500 lb.................. 1,135 lb................ 1,135 lb. 227 kg.................. 515 kg.................. 515 kg. ---------------------------------------------------------------------------------------------------------------- * Possession limits may be modified in-season in order to prevent catch from exceeding quotas. Skate Wing Adjustment Measures Framework 3 modifies the skate wing TAL so that 57 percent of the skate wing TAL is allocated in Season 1 (May 1-August 31) with the remainder allocated in Season 2 (September 1-April 30). This modification was made because skate fishing effort is higher earlier in the fishing year and a seasonal apportionment with in-season change authority should ensure year-round fishing opportunities. Any portion of the Season 1 TAL that is unused is rolled over into Season 2. From May 1 through August 17, the Regional Administrator is required to reduce the directed skate wing possession limit for vessels fishing under a day-at-sea (DAS) from 2,600 lb (1,179 kg) to an incidental catch level of 500 lb (227 kg) when the fishery is projected to land 85 percent of its Season 1 quota. However, if harvest levels are projected to reach 85 percent sometime between August 18 and August 31 (the last two weeks of Season 1), the Regional Administrator maintains discretion on whether or not to reduce the directed possession limit. This option is included because it is difficult and sometimes impracticable for the agency to rapidly close a fishery immediately prior to the end of a season. The DAS possession limit increases to 4,100 lb (1,860 kg) at the start of Season 2 (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 have been landed, consistent with previous regulations. 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. Comments and Responses on Measures Proposed in Framework 3 We received four public comments on the proposed rule, including submissions on behalf of the Cape Cod Commercial Fishermen's Alliance and Shark Advocates International. Comment 1: The Cape Cod Commercial Fishermen's Alliance and Shark Advocates International support the proposed seasonal specifications and possession limits. Response 1: We are approving Framework 3 and the accompanying specifications and possession limits because these measures promote optimum yield, fishery conservation, and are based upon the best available science. Comment 2: One commenter argued for a dramatic increase in quota while one commenter contended a dramatic decrease in quota is needed. Response 2: The ABC, ACL, and TAL are based on the best available science with advice from the Council's Scientific and Statistical Committee. Therefore, we are approving this action because it is based on the best available science consistent with National Standard 2 of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act) and with the Council recommendation. The proposed rule (81 FR 36251, June 6, 2016) details the justifications for modifying the specifications. These specifications are expected to result in optimum yield while ensuring that the stocks are not overfished or subject to overfishing (except for thorny skate, which is a prohibited species), consistent with National Standard 1 of the Magnuson-Stevens Act. Comment 3: Shark Advocates International urged us to elevate the priority of examining and addressing the severe depletion of thorny skates. Response 3: Although this comment does not directly apply to Framework 3, we are concerned with the stock status of thorny skates. In May 2015, we received a petition to list thorny skates as threatened or endangered. We found that the petition to list thorny skate presented substantial scientific or commercial information indicating that the petitioned action may be warranted and solicited information from the public that could be included in a [[Page 54746]] candidate species status review (80 FR 65175, October 26, 2015). A thorny skate status review occurred on May 19, 2016, in Gloucester, MA. A report from the review is currently being developed and will undergo peer-review prior to being shared with the public. Comment 4: The Cape Cod Commercial Fishermen's Alliance offered support for the Council's decision to further pursue limited access for the skate fishery. Response 4: The Council has prioritized consideration of limiting access to the skate fishery. We will continue working with the Council so that it can research, review, and address its management priorities. Changes From the Proposed Rule After further review of the regulatory text deemed by the Council and included in the proposed rule, we are revising the regulatory language previously proposed at Sec. 648.322(b)(2) to be consistent with the Regional Administrator's discretion to reduce the Season 2 skate-wing possession limit as provided in Framework Adjustment 1 to the FMP (76 FR 28328; May 17, 2011). These regulatory language changes do not alter the management measures specified in the proposed rule and are consistent with the intent of Framework 3. Classification The Administrator, Greater Atlantic Region, NMFS, determined that Framework 3 to the FMP is necessary for the conservation and management of the northeast skate complex and that it is consistent with the Magnuson-Stevens Fishery Conservation and Management Act and other applicable laws. There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effective date. This final rule reduces TALs which are administered through different fishing seasons. Season 1 for the skate wing fishery began on May 1 and ends on August 31. It is possible that the fishery could approach a seasonal landing limit which would require possession limits to be reduced to avoid overharvesting. Waiving the 30-day implementation delay is necessary to ensure timely implementation of the reduced catch limits. Retaining a 30-day delay in implementation would be contrary to the public interest because it could result in a catch limit being exceeded. Immediate implementation of the new TALs, including the new seasonal measures, will benefit fishermen by helping to prevent overages and potentially providing fishing opportunities more evenly throughout the fishing year. For these reasons, NMFS finds it both contrary to the public interest and unnecessary to provide a 30-day delay in implementation. This final rule has been determined to be not significant for the purpose of E.O. 12866. A final regulatory flexibility analysis (FRFA) was prepared. 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, and NMFS responses to those comments. A copy of this analysis is available from the Council [or NMFS] (see ADDRESSES). 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 a Statement of Any Changes Made in the Final Rule as a Result of Such Comments A description of the action, why it is being considered, and the legal basis were contained in the preamble of the proposed rule (81 FR 36251, June 6, 2016) and are not repeated here. The public did not provide any comments on the IRFA; therefore, there are no changes made in this final rule with regards to the economic analyses and impacts. Description and Estimate of Number of Small Entities To Which the Rule Would Apply This final 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). Because there are several ownership affiliate groups (as explained in greater detail in the proposed rule) there are actually 364 active vessels in the skate fishery, only 3 of which qualified as large businesses. On December 29, 2015, NMFS issued a final rule establishing a small business size standard of $11 million in annual gross receipts for all businesses primarily engaged in the commercial fishing industry (NAICS 11411) for Regulatory Flexibility Act (RFA) compliance purposes only (80 FR 81194, December 29, 2015). The $11 million standard became effective on July 1, 2016, and is to be used in place of the U.S. Small Business Administration's (SBA) previous standards of $20.5 million, $5.5 million, and $7.5 million for the finfish (NAICS 114111), shellfish (NAICS 114112), and other marine fishing (NAICS 114119) sectors, respectively, of the U.S. commercial fishing industry. An IRFA was developed for this regulatory action prior to July 1, 2016, using SBA's previous size standards. Under the SBA's size standards, 3 of 364 skate fishing entities were determined to be large. NMFS has qualitatively reviewed the analyses prepared for this action using the new size standard. The new standard could result in a few more commercial shellfish businesses being considered small (due to the increase in small business size standards). In addition, the new standard could result in fewer commercial finfish businesses being considered small (due to the decrease in size standards). Skates are only responsible for a small fraction of total landings and revenue for any of these vessels so it is unlikely that these size-standard changes would have any impact on the previously conducted analyses. Description of the Projected Reporting, Record-Keeping, and Other Compliance Requirements of This Final Rule This final rule does not introduce any new reporting, recordkeeping, or other compliance requirements. 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 The ACL alternative described in the preambles of the proposed rule and this rule represents an ACL reduction in comparison to previous years' ACLs (maintaining the status quo measures). However, we do not anticipate any significant economic impacts on small entities to result from this action. While there is an overall reduction in the TAL, Framework 3 analyses indicate that actual skate landings in recent years have been close to the TAL we are approving for fishing years 2016-2017. This suggests that it is unlikely that potential revenue losses would be directly commensurate with the TAL reduction. By contrast, maintaining the status quo ACL is inconsistent with the stated objectives because it does not represent the best available science or the goals and objectives of the FMP. The seasonal allocation for the skate-wing fishery effected by this rule was developed to coincide with fishing effort so that more quota is allocated during the months when there is greater fishing effort. This is expected to reduce the risk of the fishery approaching a seasonal quota and having its possession limits reduced. The Council considered reducing the skate- wing [[Page 54747]] possession limits due to the reduced TAL but elected to keep the status quo possession limits to further mitigate economic impacts from the ACL reductions. For these reasons, we do not expect revenues to be significantly impacted. 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 (GARFO), and the compliance 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 posted or publically available on the GARFO Web site. List of Subjects in 50 CFR Part 648 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: August 11, 2016. Paul Doremus, Deputy Assistant Administrator for Operations, National Marine Fisheries Service. For the reasons set out in the preamble, NMFS amends 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 has the authority, through a notice in the Federal Register consistent with the Administrative Procedure Act, to 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) When 85 percent of the annual skate wing fishery TAL is projected to be landed in Season 2, the Regional Administrator may 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. 2016-19601 Filed 8-16-16; 8:45 am] BILLING CODE 3510-22-P
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PART 52—APPROVAL AND Authority: 42 U.S.C. 7401 et seq. ‘‘Section 129.74’’ in numerical order to
PROMULGATION OF read as follows:
IMPLEMENTATION PLANS Subpart NN—Pennsylvania
§ 52.2020 Identification of plan.
■ 2. In § 52.2020, the table in paragraph * * * * *
■ 1. The authority citation for part 52
(c)(1) is amended by adding an entry for (c) * * *
continues to read as follows:
(1) * * *
Additional
State effective
State citation Title/subject EPA approval date explanation/
date § 52.2063 citation
Title 25—Environmental Protection Article III—Air Resources
* * * * * * *
Section 129.74 ............... Control of VOC emis- 12/19/15 8/17/16 [Insert Federal New section is added; the requirements of sec-
sions from fiberglass Register citation]. tion 129.74 supersede the requirements of a
boat manufacturing RACT permit issued under sections 129.91–
materials. 95 prior to December 19, 2015, to the owner
or operator of a source subject to section
129.74 to control, reduce or minimize VOCs
from a fiberglass boat manufacturing proc-
ess, except to the extent the RACT permit
contains more stringent requirements.
* * * * * *
* * * * * This rule is necessary because it updates implement Framework Adjustment 3 to
[FR Doc. 2016–19540 Filed 8–16–16; 8:45 am] the Skate Fishery Management Plan to the Northeast Skate Complex Fishery
BILLING CODE 6560–50–P be consistent with the most recent Management (FMP), which includes
scientific information and it improves catch specifications for fishing years
management of the skate fisheries. The 2016–2017. After reviewing public
DEPARTMENT OF COMMERCE intended effect of this rule is to help comments in response to the proposed
conserve skate stocks while maintaining rule, we are approving Framework 3 and
National Oceanic and Atmospheric economic opportunities for the skate the 2016–2017 specifications as detailed
Administration fisheries. in our proposed rule.
DATES: Effective on August 17, 2016. Specifications for Fishing Years 2016–
50 CFR Part 648
ADDRESSES: Copies of Framework 3, 2017
[Docket No. 160301164–6694–02] including the Environmental
Assessment and Regulatory Impact Specifications including the
RIN 0648–BF87 acceptable biological catch (ABC),
Review (EA/RIR), and other supporting
documents for the action are available annual catch limit (ACL), annual catch
Fisheries of the Northeastern United
from Thomas A. Nies, Executive target (ACT), and total allowable
States; Northeast Skate Complex
Director, New England Fishery landings (TALs) for the skate wing and
Fishery; Framework Adjustment 3 and
Management Council, 50 Water Street, bait fisheries, as well as possession
2016–2017 Specifications
Mill 2, Newburyport, MA 01950. The limits, may be specified for up to 2
AGENCY: National Marine Fisheries framework is also accessible via the years. The 2016–2017 skate complex
Service (NMFS), National Oceanic and Internet at: http:// ABC and ACL is 31,081 metric tons
Atmospheric Administration (NOAA), www.greateratlantic.fisheries.noaa.gov. (mt). After removing management
Commerce. uncertainty from the ABC, the ACT that
FOR FURTHER INFORMATION CONTACT:
ACTION: Final rule. remains is 23,311 mt. After removing
William Whitmore, Fishery Policy
discards and state landings from the
Analyst, (978) 281–9182.
SUMMARY: This rule approves ACT, the TAL that remains is 12,872 mt.
regulations to implement Northeast SUPPLEMENTARY INFORMATION: Tables 1 and 2 (below) detail TALs and
Skate Complex Fishery Management Background possession limits for the skate wing and
Plan Framework Adjustment 3 skate bait fisheries—there are no
management measures, including Approved Measures possession limit changes from last year.
fishing year 2016–2017 specifications, On June 6, 2016, we proposed in the These specifications and possession
and implements a new seasonal quota Federal Register (81 FR 36251) limits remain in effect until they are
allocation for the skate wing fishery. management modifications to replaced.
mstockstill on DSK3G9T082PROD with RULES
TABLE 1—TOTAL ALLOWABLE LANDINGS FOR FISHING YEARS 2016–2017
Total Allowable Landings (TAL) mt
Skate Wing Fishery:
Season 1 (May 1–Aug 31) ........................................................................................................................................................... 4,722
Season 2 (Sept 1–Apr 30) ........................................................................................................................................................... 3,600
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candidate species status review (80 FR throughout the fishing year. For these other marine fishing (NAICS 114119)
65175, October 26, 2015). A thorny reasons, NMFS finds it both contrary to sectors, respectively, of the U.S.
skate status review occurred on May 19, the public interest and unnecessary to commercial fishing industry.
2016, in Gloucester, MA. A report from provide a 30-day delay in An IRFA was developed for this
the review is currently being developed implementation. regulatory action prior to July 1, 2016,
and will undergo peer-review prior to This final rule has been determined to using SBA’s previous size standards.
being shared with the public. be not significant for the purpose of E.O. Under the SBA’s size standards, 3 of 364
Comment 4: The Cape Cod 12866. skate fishing entities were determined to
Commercial Fishermen’s Alliance A final regulatory flexibility analysis be large. NMFS has qualitatively
offered support for the Council’s (FRFA) was prepared. The FRFA reviewed the analyses prepared for this
decision to further pursue limited incorporates the initial regulatory action using the new size standard. The
access for the skate fishery. flexibility analysis (IRFA), a summary of new standard could result in a few more
Response 4: The Council has the significant issues raised by the commercial shellfish businesses being
prioritized consideration of limiting public comments in response to the considered small (due to the increase in
access to the skate fishery. We will IRFA, and NMFS responses to those small business size standards). In
continue working with the Council so comments. A copy of this analysis is addition, the new standard could result
that it can research, review, and address available from the Council [or NMFS] in fewer commercial finfish businesses
its management priorities. (see ADDRESSES). being considered small (due to the
Changes From the Proposed Rule A Summary of the Significant Issues decrease in size standards). Skates are
Raised by the Public in Response to the only responsible for a small fraction of
After further review of the regulatory total landings and revenue for any of
text deemed by the Council and IRFA, a Summary of the Agency’s
Assessment of Such Issues, and a these vessels so it is unlikely that these
included in the proposed rule, we are size-standard changes would have any
revising the regulatory language Statement of Any Changes Made in the
impact on the previously conducted
previously proposed at § 648.322(b)(2) Final Rule as a Result of Such
analyses.
to be consistent with the Regional Comments
Administrator’s discretion to reduce the A description of the action, why it is Description of the Projected Reporting,
Season 2 skate-wing possession limit as being considered, and the legal basis Record-Keeping, and Other Compliance
provided in Framework Adjustment 1 to were contained in the preamble of the Requirements of This Final Rule
the FMP (76 FR 28328; May 17, 2011). proposed rule (81 FR 36251, June 6, This final rule does not introduce any
These regulatory language changes do 2016) and are not repeated here. The new reporting, recordkeeping, or other
not alter the management measures public did not provide any comments compliance requirements.
specified in the proposed rule and are on the IRFA; therefore, there are no Description of the Steps the Agency Has
consistent with the intent of Framework changes made in this final rule with Taken To Minimize the Significant
3. regards to the economic analyses and Economic Impact on Small Entities
impacts. Consistent With the Stated Objectives of
Classification
The Administrator, Greater Atlantic Description and Estimate of Number of Applicable Statutes
Region, NMFS, determined that Small Entities To Which the Rule Would The ACL alternative described in the
Framework 3 to the FMP is necessary Apply preambles of the proposed rule and this
for the conservation and management of This final rule would impact fishing rule represents an ACL reduction in
the northeast skate complex and that it vessels, including commercial fishing comparison to previous years’ ACLs
is consistent with the Magnuson- entities. In 2014, there were 2,012 (maintaining the status quo measures).
Stevens Fishery Conservation and vessels that held an open access skate However, we do not anticipate any
Management Act and other applicable permit. However, only 431 of those significant economic impacts on small
laws. permit holders were active participants entities to result from this action. While
There is good cause under 5 U.S.C. in the commercial skate fishery (i.e., there is an overall reduction in the TAL,
553(d)(3) to waive the 30-day delay in landed any amount of skates). Because Framework 3 analyses indicate that
effective date. This final rule reduces there are several ownership affiliate actual skate landings in recent years
TALs which are administered through groups (as explained in greater detail in have been close to the TAL we are
different fishing seasons. Season 1 for the proposed rule) there are actually 364 approving for fishing years 2016–2017.
the skate wing fishery began on May 1 active vessels in the skate fishery, only This suggests that it is unlikely that
and ends on August 31. It is possible 3 of which qualified as large businesses. potential revenue losses would be
that the fishery could approach a On December 29, 2015, NMFS issued directly commensurate with the TAL
seasonal landing limit which would a final rule establishing a small business reduction. By contrast, maintaining the
require possession limits to be reduced size standard of $11 million in annual status quo ACL is inconsistent with the
to avoid overharvesting. Waiving the 30- gross receipts for all businesses stated objectives because it does not
day implementation delay is necessary primarily engaged in the commercial represent the best available science or
to ensure timely implementation of the fishing industry (NAICS 11411) for the goals and objectives of the FMP. The
reduced catch limits. Retaining a 30-day Regulatory Flexibility Act (RFA) seasonal allocation for the skate-wing
delay in implementation would be compliance purposes only (80 FR fishery effected by this rule was
contrary to the public interest because it 81194, December 29, 2015). The $11 developed to coincide with fishing
mstockstill on DSK3G9T082PROD with RULES
could result in a catch limit being million standard became effective on effort so that more quota is allocated
exceeded. Immediate implementation of July 1, 2016, and is to be used in place during the months when there is greater
the new TALs, including the new of the U.S. Small Business fishing effort. This is expected to reduce
seasonal measures, will benefit Administration’s (SBA) previous the risk of the fishery approaching a
fishermen by helping to prevent standards of $20.5 million, $5.5 million, seasonal quota and having its
overages and potentially providing and $7.5 million for the finfish (NAICS possession limits reduced. The Council
fishing opportunities more evenly 114111), shellfish (NAICS 114112), and considered reducing the skate-wing
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![Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Rules and Regulations 54747
possession limits due to the reduced Dated: August 11, 2016. (b) * * *
TAL but elected to keep the status quo Paul Doremus, (2) In-season adjustment of skate wing
possession limits to further mitigate Deputy Assistant Administrator for possession limits. The Regional
economic impacts from the ACL Operations, National Marine Fisheries Administrator has the authority,
reductions. For these reasons, we do not Service. through a notice in the Federal Register
expect revenues to be significantly For the reasons set out in the consistent with the Administrative
impacted. preamble, NMFS amends 50 CFR part Procedure Act, to reduce the skate wing
648 as follows: possession limit to 500 lb (227 kg) of
Section 212 of the Small Business skate wings (1,135 lb (515 kg) whole
Regulatory Enforcement Fairness Act of PART 648—FISHERIES OF THE weight or any prorated combination of
1996 states that, for each rule or group NORTHEASTERN UNITED STATES the allowable landing forms defined at
of related rules for which an agency is paragraph (b)(4) of this section) for the
required to prepare a FRFA, the agency ■ 1. The authority citation for part 648 remainder of the applicable quota
shall publish one or more guides to continues to read as follows: season, under the following
assist small entities in complying with Authority: 16 U.S.C. 1801 et seq. circumstances:
the rule, and shall designate such (i) When 85 percent of the Season 1
■ 2. In § 648.322, revise paragraphs
publications as ‘‘small entity (a)(1) and (b)(2) to read as follows: skate wing quota is projected to be
compliance guides.’’ The agency shall landed between May 1 and August 17,
explain the actions a small entity is § 648.322 Skate allocation, possession, the Regional Administrator shall reduce
required to take to comply with a rule and landing provisions. the skate wing possession limit to the
or group of rules. As part of this (a) * * * incidental level described in paragraph
rulemaking process, a letter to permit (1) A total of 66.5 percent of the (b)(2) of this section.
holders that also serves as small entity annual skate complex TAL shall be (ii) When 85 percent of the Season 1
compliance guide was prepared. Copies allocated to the skate wing fishery. All skate wing quota is projected to be
of this final rule are available from the skate products that are landed in wing landed between August 18 and August
Greater Atlantic Regional Fisheries form, for the skate wing market, or 31, the Regional Administrator may
Office (GARFO), and the compliance classified by Federal dealers as food as reduce the skate wing possession limit
guide, i.e., permit holder letter, will be required under § 648.7(a)(1)(i), shall to the incidental level described in
sent to all holders of permits for the count against the skate wing fishery paragraph (b)(2) of this section.
skate fishery. The guide and this final TAL. The annual skate wing fishery (iii) When 85 percent of the annual
TAL shall be allocated in two seasonal skate wing fishery TAL is projected to
rule will be posted or publically
quota periods as follows: be landed in Season 2, the Regional
available on the GARFO Web site.
(i) Season 1—May 1 through August Administrator may reduce the skate
List of Subjects in 50 CFR Part 648 31, 57 percent of the annual skate wing wing possession limit to the incidental
fishery TAL shall be allocated; level described in this paragraph, unless
Fisheries, Fishing, Reporting and (ii) Season 2—September 1 through such a reduction would be expected to
recordkeeping requirements. April 30, the remainder of the annual prevent attainment of the annual TAL.
skate wing fishery TAL not landed in * * * * *
Season 1 shall be allocated. [FR Doc. 2016–19601 Filed 8–16–16; 8:45 am]
* * * * * BILLING CODE 3510–22–P
mstockstill on DSK3G9T082PROD with RULES
VerDate Sep<11>2014 16:08 Aug 16, 2016 Jkt 238001 PO 00000 Frm 00029 Fmt 4700 Sfmt 9990 E:\FR\FM\17AUR1.SGM 17AUR1](https://thefederalregister.org/doc/81_FR_54903/page/4.svg)
Document Created: 2018-02-09 11:35:12
Document Modified: 2018-02-09 11:35:12
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective on August 17, 2016. | |
| Contact | William Whitmore, Fishery Policy Analyst, (978) 281-9182. | |
| FR Citation | 81 FR 54744 | |
| RIN Number | 0648-BF87 | |
| CFR Associated | Fisheries; Fishing and Reporting and Recordkeeping Requirements |
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