82_FR_48983 82 FR 48781 - Fisheries of the Northeastern United States; Northeast Skate Complex; Framework Adjustment 4

82 FR 48781 - Fisheries of the Northeastern United States; Northeast Skate Complex; Framework Adjustment 4

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 202 (October 20, 2017)

Page Range48781-48785
FR Document2017-22719

We propose regulations submitted by the New England Fishery Management Council in Framework Adjustment 4 to the Northeast Skate Complex Fishery Management Plan. We are proposing to de-couple the skate wing and bait inseason trip limit adjustments to better control the catch of bait skate and to provide a more consistent supply of skate bait to the lobster fishery. This action also clarifies that in- season possession limits may be removed when necessary to help harvest the fisheries total allowable landings. This action is needed to allow the fishery to more effectively harvest its optimum yield.

Federal Register, Volume 82 Issue 202 (Friday, October 20, 2017)
[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)]
[Proposed Rules]
[Pages 48781-48785]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22719]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 170710645-7645-01]
RIN 0648-BH03


Fisheries of the Northeastern United States; Northeast Skate 
Complex; Framework Adjustment 4

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

ACTION: Proposed rule; request for comments.

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SUMMARY: We propose regulations submitted by the New England Fishery 
Management Council in Framework Adjustment 4 to the Northeast Skate 
Complex Fishery Management Plan. We are proposing to de-couple the 
skate wing and bait inseason trip limit adjustments to better control 
the catch of bait skate and to provide a more consistent supply of 
skate bait to the lobster fishery. This action also clarifies that in-
season possession limits may be removed when necessary to help harvest 
the fisheries total allowable landings. This action is needed to allow 
the fishery to more effectively harvest its optimum yield.

DATES: Public comments must be received by November 6, 2017.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2017-0099, by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D= NOAA-NMFS-2017-0099, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to John K. Bullard, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930-2276. Mark the outside of the envelope: 
``Comments on Skate Framework 4.''
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    New England Fishery Management Council staff prepared an 
environmental assessment (EA) for Northeast Skate Complex Framework 
Adjustment 4 that describes the proposed action and other considered 
alternatives. The EA provides a thorough analysis of the biological, 
economic, and social impacts of the proposed measures and other 
considered alternatives, a preliminary Regulatory Impact Review, and 
economic analysis. Copies of the Framework 4 EA are available on 
request from Thomas A. Nies, Executive Director, New England Fishery 
Management Council, 50 Water Street, Newburyport, MA 01950. This 
document is also available from the following internet addresses: 
http://www.greateratlantic.fisheries.noaa.gov/ or http://www.nefmc.org.

FOR FURTHER INFORMATION CONTACT: William Whitmore, Fishery Policy 
Analyst, (978) 281-9182.

SUPPLEMENTARY INFORMATION: 

Background

    The Northeast Skate Complex Fishery Management Plan (FMP), 
developed by the New England Fishery Management Council and implemented 
in 2003, manages a complex of seven skate species (barndoor, clearnose, 
little, rosette, smooth, thorny, and winter skate) off the New England 
and Mid-Atlantic coasts. Skates are harvested and managed in two 
different fisheries: one for food (the wing fishery) and one for 
lobster bait (the bait fishery). Fishery specific allocations, called 
total allowable landings (TALs), are set through biennial 
specifications. Additional information on the skate fisheries can be 
found online at https://www.greateratlantic.fisheries.noaa.gov/sustainable/species/skate/index.html.
    While the wing and bait fisheries have several differing management 
measures, such as possession limits, the management measures for the 
two fisheries are closely related. Generally, the bait fishery operates 
under an exemption from the wing fishery possession limits. The bait 
fishery is managed under a 3-season fishing year: Season 1 is May 1 
through August 31; Season 2 is September 1 through October 31; and, 
Season 3 is November 1 through April 30. When the bait fishery reaches 
a TAL threshold trigger of 90 percent of a season's TAL, an in-season 
accountability measure for the bait fishery removes the exemption to 
the wing-fishery possession limit. When this happens, the exemption is 
removed and the bait fishery possession limit reverts to the 
substantially lower wing possession limit. Additional information on 
previous and current skate management measures can be reviewed through 
the Council's Web site at http://www.nefmc.org/management-plans/skates.
    The linked accountability measures for these fisheries recently 
became problematic, during fishing year 2016 (Figure 1). Framework 
Adjustment 3 included a 23-percent reduction in the TAL for fishing 
years 2016-2017. Because of the reduced allocation, the skate bait TAL 
threshold trigger was reached twice, requiring us to implement 
incidental possession limits in Season 2 (81 FR 71641; October 18, 
2016) and Season 3 (82 FR 8364; January 25, 2017). The first time, the 
bait fishery possession limit was reduced from 25,000 lb (11,340 kg) 
per trip to the standard skate wing possession limit (9,307 lb or 4,222 
kg). The second time, however, the bait possession limit was reduced 
simultaneously with the wing possession limit because the wing fishery 
had reached its TAL threshold trigger of 85 percent. This adjustment, 
to an incidental possession limit of 1,135 lb (515 kg) per trip, 
effectively closed the skate bait fishery. This closure had substantial 
negative impacts on the lobster fishery due to the lack of available 
bait.
    In response to the closure, the Council developed Framework 4 to 
reduce the likelihood of a lengthy in-season closure while ensuring 
bait landings do not exceed the TAL.

Proposed Measures

    This action proposes several measures designed to de-couple the 
skate wing and bait in-season possession limit

[[Page 48782]]

accountability measures, control catch, and potentially provide a more 
consistent bait supply to the lobster fishery. Generally, these changes 
are intended to slow fishing effort and catch to prevent or reduce the 
need for a lengthy fishery closure while still allowing the fishery to 
catch its TAL. Figure 2 shows how in-season accountability measures 
would be implemented if Framework 4 were approved. We are proposing the 
following measures, as recommended by the Council.

1. Reduce the Season 3 Bait Skate Possession Limit

    This measure would reduce the Season 3 (November through April) 
possession limit from 25,000 lb (11,340 kg) to 12,000 lb (5,443 kg). 
Because Season 3 is the longest season in the bait fishery (6 months), 
reducing the trip limit should slow the catch rate and lessen the 
chance of closing the fishery.

2. Reduce the Season 3 Bait Skate TAL Threshold Trigger

    This measure would change the Season 3 TAL threshold trigger at 
which the incidental possession limit would become effective. Similar 
to the proposed trip limit reduction, dropping the TAL threshold 
trigger from 90 to 80 percent means that the incidental possession 
limit would be enacted sooner, which would slow catch rates and 
diminish the likelihood of closing the fishery.

3. Establish a Separate Bait Skate Incidental Possession Limit

    As previously explained (and detailed in Figure 1), the current 
regulations link the bait skate incidental possession limit to the 
skate wing fishery possession limit. Currently, the bait skate 
incidental possession limit is equivalent to the skate wing possession 
limit. This action proposes to de-couple the in-season accountability 
measures for the two fisheries and establish an 8,000-lb (3,629-kg) 
incidental possession limit whenever the skate bait fishery is 
projected to reach a seasonal threshold trigger.
    Once implemented, an incidental possession limit could be removed 
and the standard trip limit reinstated if catch projections indicate 
the TAL will not be harvested and removing the limits are not expected 
to result in exceeding the TAL.

4. Implement a Bait Skate Fishery Closure When the TAL Is Harvested

    This measure would close the bait fishery when 100 percent of the 
bait TAL is projected to be harvested. Currently, there is no measure 
to close the fishery; the incidental possession limits for the bait 
fishery are linked to the wing fishery. Adding this measure would 
better ensure that the skate bait fishery does not exceed its TAL.

5. Removal of Incidental Possession Limit if Necessary To Achieve TAL

    This action would also clarify, under the authority of section 
305(d) of the Magnuson-Stevens Fishery Conservation and Management Act, 
regulations pertaining to in-season possession limit reductions 
(incidental possession limits) in the skate fishery. If NMFS determines 
that an in-season possession limit reduction could prohibit the skate 
bait fishery from achieving its annual TAL, NMFS may remove the in-
season reduction and reinstate the standard seasonal possession limit. 
A similar action was taken during fishing year 2016 (82 FR 13564, March 
14, 2017) and language is proposed at 50 CFR 648.322(f) to better 
clarify the regulations to be consistent with the intent of the 
Council.

BILLING CODE 3510-22-P

[[Page 48783]]

[GRAPHIC] [TIFF OMITTED] TP20OC17.000

BILLING CODE 3510-22-C

[[Page 48784]]

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has made a preliminary determination that 
this proposed rule is consistent with the FMP, Framework 4, provisions 
of the Magnuson-Stevens Act, and other applicable law, subject to 
further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This proposed rule does not contain policies with federalism or 
``takings'' implications as those terms are defined in E.O. 13132 and 
E.O. 12630, respectively.
    An Initial Regulatory Flexibility Analysis (IRFA) was prepared for 
this proposed rule, as required by section 603 of the Regulatory 
Flexibility Act (RFA), 5 U.S.C. 603. The IRFA describes the economic 
impact that this proposed rule would have on small entities, including 
small businesses, and also determines ways to minimize these impacts. 
The IRFA includes this section of the preamble to this rule and 
analyses contained in Framework 4 and its accompanying EA/RIR/IRFA. A 
copy of the full analysis is available from the Council (see 
ADDRESSES). A summary of the IRFA follows.

Description of the Reasons Why Action by the Agency Is Being Considered 
and Statement of the Objectives of, and Legal Basis for, This Proposed 
Rule

    A description of the action, why it is being considered, and the 
legal basis for this action are contained in the preamble of this 
proposed rule.

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

    The proposed modifications to skate bait fishery effort controls 
would impact vessels that hold Federal open access commercial skate 
permits that participate in the skate fishery or affiliated groups that 
hold multiple open access commercial skate permits that participate in 
the skate fishery. Within the skate bait fishery, the majority of 
affiliate groups consist of a single permit-holder, or 71 vessels in 
fishing year 2015. Four vessels belong to affiliated groups that hold 
two or more permits.
    For RFA purposes only, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (see 50 CFR 200.2). A business primarily 
engaged in commercial fishing (NAICS code 11411) is classified as a 
small business if it is independently owned and operated, is not 
dominant in its field of operation (including its affiliates), and has 
combined annual receipts not in excess of $11 million for all its 
affiliated operations worldwide. The Council's analysis indicates the 
maximum number of small fishing entities that may be affected by this 
action is 69 (71 vessels), based on 2015 data. During fishing year 
2015, only 69 affiliated groups landed any amount of skate for bait. At 
the permit level, every skate landing permit is defined as a small 
business according to size standards (the top five vessels have total 
revenues between 600 thousand and 1.9 million dollars in 2015).

Description of the Projected Reporting, Recordkeeping, and Other 
Compliance Requirements of This Proposed Rule

    This action does not introduce any new reporting, recordkeeping, or 
other compliance requirements.

Federal Rules Which May Duplicate, Overlap, or Conflict With This 
Proposed Rule

    The proposed regulations do not create overlapping regulations with 
any state regulations or other federal laws.

Description of Significant Alternatives to the Proposed Action Which 
Accomplish the Stated Objectives of Applicable Statutes and Which 
Minimize Any Significant Economic Impact on Small Entities

    The Council considered revising the skate bait threshold trigger, 
reduced possession limit, and closure independently, but elected to 
include all of the measures into a single action. The Council was 
concerned that independently, the measures would not restrict catch 
enough and leave the fishery at risk of a substantial closure with 
accompanying economic impacts. Incorporating all of the measures 
proposed accomplishes the goals and objectives of the FMP and minimizes 
the economic impact on small entities. Retaining the status quo 
management measures would not slow catch and would result in the 
fishery having a higher likelihood of closing for an extended period, 
resulting in greater profit losses to industry.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: October 16, 2017.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 648 is 
proposed to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

    Authority:  16 U.S.C. 1801 et seq.

0
2. In Sec.  648.322, revise paragraphs (c) through (e) and add 
paragraphs (f) and (g) to read as follows:


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

* * * * *
    (c) Bait Letter of Authorization (LOA). A skate vessel owner or 
operator under this part may request and receive from the Regional 
Administrator an exemption from the skate wing possession limit 
restrictions for a minimum of 7 consecutive days, provided that when 
the vessel is fishing pursuant to the terms of authorization at least 
the following requirements and conditions are met:
    (1) The vessel owner or operator obtains and retains onboard the 
vessel a valid LOA. LOAs are available upon request from the Regional 
Administrator.
    (2) The vessel owner or operator fishes for, possesses, or lands 
skates only for use as bait.
    (3) The vessel owner or operator possesses or lands no more than 
25,000 lb (11,340 kg) of whole skates per trip during Seasons 1 or 2 
and no more than 12,000 lb (5,443 kg) of whole skates per trip during 
Season 3.
    (4) The vessel owner or operator possesses or lands only whole 
skates less than 23 inches (58.42 cm) total length, and does not 
possess or land any skate wings or whole skates greater than 23 inches 
(58.42 cm) total length.
    (5) Vessels that choose to possess or land skate wings during the 
participation period of this letter of authorization must comply with 
possession limit restrictions under paragraph (b) of this section for 
all skates or skate parts on board. Vessels possessing skate wings in 
compliance with the possession limit restrictions under paragraph (b) 
may fish for, possess, or land skates for uses other than bait.
    (6) The vessel owner or operator complies with the transfer at sea 
requirements at Sec.  648.13(h).

[[Page 48785]]

    (d) In-season adjustment of skate bait possession limits. When the 
Regional Administrator projects that 90 percent of the skate bait 
fishery seasonal quota has been landed in Seasons 1 or 2, or 80 percent 
of the annual skate bait fishery TAL has been landed, the Regional 
Administrator shall, through a notice in the Federal Register 
consistent with the Administrative Procedure Act, reduce the skate bait 
trip limit to 8,000 lb (3,629 kg) of whole skates for the remainder of 
the quota period, unless such a reduction would be expected to prevent 
attainment of the seasonal quota or annual TAL.
    (e) In-season closure of skate bait fishery. When the Regional 
Administrator projects that 100 percent of the skate bait fishery TAL 
will be landed, the Regional Administrator shall, through a notice in 
the Federal Register consistent with the Administrative Procedure Act, 
close the skate bait fishery, unless such a closure would be expected 
to prevent attainment of the annual TAL. During a skate bait fishery 
closure all skate bait LOAs as described in paragraph (c) of this 
section are void. All skates harvested and landed during a skate bait 
fishery closure will be attributed towards the skate-wing TAL as 
described in this section.
    (f) Removal of in-season possession limit reductions. If it is 
determined that an in-season trip limit reduction as described in 
paragraphs (d) and (e) of this section could prohibit the skate bait 
fishery from achieving its annual TAL, the in-season reduction may be 
removed.
    (g) Prohibitions on possession of skates. A vessel fishing in the 
EEZ portion of the Skate Management Unit may not:
    (1) Retain, possess, or land barndoor or thorny skates taken in or 
from the EEZ portion of the Skate Management Unit.
    (2) Retain, possess, or land smooth skates taken in or from the GOM 
RMA described at Sec.  648.80(a)(1)(i).

[FR Doc. 2017-22719 Filed 10-19-17; 8:45 am]
 BILLING CODE 3510-22-P



                                                                          Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Proposed Rules                                        48781

                                                 remainder of the rule, EPA may adopt                    Administrator, National Marine                        fisheries can be found online at https://
                                                 as final those provisions of the rule that              Fisheries Service, 55 Great Republic                  www.greateratlantic.fisheries.noaa.gov/
                                                 are not the subject of an adverse                       Drive, Gloucester, MA 01930–2276.                     sustainable/species/skate/index.html.
                                                 comment. For additional information,                    Mark the outside of the envelope:                        While the wing and bait fisheries have
                                                 see the direct final rule which is located              ‘‘Comments on Skate Framework 4.’’                    several differing management measures,
                                                 in the Rules section of this Federal                       Instructions: Comments sent by any                 such as possession limits, the
                                                 Register.                                               other method, to any other address or                 management measures for the two
                                                   Dated: October 10, 2017.                              individual, or received after the end of              fisheries are closely related. Generally,
                                                                                                         the comment period, may not be                        the bait fishery operates under an
                                                 Robert A. Kaplan,
                                                                                                         considered by NMFS. All comments                      exemption from the wing fishery
                                                 Acting Regional Administrator, Region 5.                                                                      possession limits. The bait fishery is
                                                                                                         received are a part of the public record
                                                 [FR Doc. 2017–22706 Filed 10–19–17; 8:45 am]                                                                  managed under a 3-season fishing year:
                                                                                                         and will generally be posted for public
                                                 BILLING CODE 6560–50–P                                  viewing on www.regulations.gov                        Season 1 is May 1 through August 31;
                                                                                                         without change. All personal identifying              Season 2 is September 1 through
                                                                                                         information (e.g., name, address, etc.),              October 31; and, Season 3 is November
                                                 DEPARTMENT OF COMMERCE                                  confidential business information, or                 1 through April 30. When the bait
                                                                                                         otherwise sensitive information                       fishery reaches a TAL threshold trigger
                                                 National Oceanic and Atmospheric                        submitted voluntarily by the sender will              of 90 percent of a season’s TAL, an in-
                                                 Administration                                          be publicly accessible. NMFS will                     season accountability measure for the
                                                                                                         accept anonymous comments (enter ‘‘N/                 bait fishery removes the exemption to
                                                 50 CFR Part 648                                         A’’ in the required fields if you wish to             the wing-fishery possession limit. When
                                                 [Docket No. 170710645–7645–01]                          remain anonymous). Attachments to                     this happens, the exemption is removed
                                                                                                         electronic comments will be accepted in               and the bait fishery possession limit
                                                 RIN 0648–BH03                                                                                                 reverts to the substantially lower wing
                                                                                                         Microsoft Word, Excel, or Adobe PDF
                                                                                                         file formats only.                                    possession limit. Additional
                                                 Fisheries of the Northeastern United                                                                          information on previous and current
                                                 States; Northeast Skate Complex;                           New England Fishery Management
                                                                                                         Council staff prepared an environmental               skate management measures can be
                                                 Framework Adjustment 4                                                                                        reviewed through the Council’s Web site
                                                                                                         assessment (EA) for Northeast Skate
                                                 AGENCY:  National Marine Fisheries                      Complex Framework Adjustment 4 that                   at http://www.nefmc.org/management-
                                                 Service (NMFS), National Oceanic and                    describes the proposed action and other               plans/skates.
                                                 Atmospheric Administration (NOAA),                      considered alternatives. The EA                          The linked accountability measures
                                                 Commerce.                                               provides a thorough analysis of the                   for these fisheries recently became
                                                                                                         biological, economic, and social impacts              problematic, during fishing year 2016
                                                 ACTION: Proposed rule; request for
                                                                                                         of the proposed measures and other                    (Figure 1). Framework Adjustment 3
                                                 comments.                                                                                                     included a 23-percent reduction in the
                                                                                                         considered alternatives, a preliminary
                                                 SUMMARY:   We propose regulations                       Regulatory Impact Review, and                         TAL for fishing years 2016–2017.
                                                 submitted by the New England Fishery                                                                          Because of the reduced allocation, the
                                                                                                         economic analysis. Copies of the
                                                 Management Council in Framework                                                                               skate bait TAL threshold trigger was
                                                                                                         Framework 4 EA are available on
                                                 Adjustment 4 to the Northeast Skate                                                                           reached twice, requiring us to
                                                                                                         request from Thomas A. Nies, Executive
                                                 Complex Fishery Management Plan. We                                                                           implement incidental possession limits
                                                                                                         Director, New England Fishery
                                                 are proposing to de-couple the skate                                                                          in Season 2 (81 FR 71641; October 18,
                                                                                                         Management Council, 50 Water Street,
                                                 wing and bait inseason trip limit                                                                             2016) and Season 3 (82 FR 8364;
                                                                                                         Newburyport, MA 01950. This
                                                 adjustments to better control the catch                                                                       January 25, 2017). The first time, the
                                                                                                         document is also available from the
                                                 of bait skate and to provide a more                                                                           bait fishery possession limit was
                                                                                                         following internet addresses: http://
                                                 consistent supply of skate bait to the                                                                        reduced from 25,000 lb (11,340 kg) per
                                                                                                         www.greateratlantic.fisheries.noaa.gov/
                                                 lobster fishery. This action also clarifies                                                                   trip to the standard skate wing
                                                                                                         or http://www.nefmc.org.
                                                 that in-season possession limits may be                                                                       possession limit (9,307 lb or 4,222 kg).
                                                                                                         FOR FURTHER INFORMATION CONTACT:                      The second time, however, the bait
                                                 removed when necessary to help harvest                  William Whitmore, Fishery Policy
                                                 the fisheries total allowable landings.                                                                       possession limit was reduced
                                                                                                         Analyst, (978) 281–9182.                              simultaneously with the wing
                                                 This action is needed to allow the
                                                                                                         SUPPLEMENTARY INFORMATION:                            possession limit because the wing
                                                 fishery to more effectively harvest its
                                                 optimum yield.                                          Background                                            fishery had reached its TAL threshold
                                                                                                                                                               trigger of 85 percent. This adjustment, to
                                                 DATES: Public comments must be                             The Northeast Skate Complex Fishery                an incidental possession limit of 1,135
                                                 received by November 6, 2017.                           Management Plan (FMP), developed by                   lb (515 kg) per trip, effectively closed
                                                 ADDRESSES: You may submit comments                      the New England Fishery Management                    the skate bait fishery. This closure had
                                                 on this document, identified by NOAA–                   Council and implemented in 2003,                      substantial negative impacts on the
                                                 NMFS–2017–0099, by either of the                        manages a complex of seven skate                      lobster fishery due to the lack of
                                                 following methods:                                      species (barndoor, clearnose, little,                 available bait.
                                                    • Electronic Submission: Submit all                  rosette, smooth, thorny, and winter                      In response to the closure, the Council
                                                 electronic public comments via the                      skate) off the New England and Mid-                   developed Framework 4 to reduce the
nlaroche on DSK9F9SC42PROD with PROPOSALS




                                                 Federal e-Rulemaking Portal. Go to                      Atlantic coasts. Skates are harvested and             likelihood of a lengthy in-season closure
                                                 www.regulations.gov/#!docketDetail;D=                   managed in two different fisheries: one               while ensuring bait landings do not
                                                 NOAA-NMFS-2017-0099, click the                          for food (the wing fishery) and one for               exceed the TAL.
                                                 ‘‘Comment Now!’’ icon, complete the                     lobster bait (the bait fishery). Fishery
                                                 required fields, and enter or attach your               specific allocations, called total                    Proposed Measures
                                                 comments.                                               allowable landings (TALs), are set                      This action proposes several measures
                                                    • Mail: Submit written comments to                   through biennial specifications.                      designed to de-couple the skate wing
                                                 John K. Bullard, Regional                               Additional information on the skate                   and bait in-season possession limit


                                            VerDate Sep<11>2014   15:00 Oct 19, 2017   Jkt 244001   PO 00000   Frm 00003   Fmt 4702   Sfmt 4702   E:\FR\FM\20OCP1.SGM   20OCP1


                                                 48782                   Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Proposed Rules

                                                 accountability measures, control catch,                 percent means that the incidental                     TAL is projected to be harvested.
                                                 and potentially provide a more                          possession limit would be enacted                     Currently, there is no measure to close
                                                 consistent bait supply to the lobster                   sooner, which would slow catch rates                  the fishery; the incidental possession
                                                 fishery. Generally, these changes are                   and diminish the likelihood of closing                limits for the bait fishery are linked to
                                                 intended to slow fishing effort and catch               the fishery.                                          the wing fishery. Adding this measure
                                                 to prevent or reduce the need for a                                                                           would better ensure that the skate bait
                                                                                                         3. Establish a Separate Bait Skate
                                                 lengthy fishery closure while still                                                                           fishery does not exceed its TAL.
                                                                                                         Incidental Possession Limit
                                                 allowing the fishery to catch its TAL.
                                                 Figure 2 shows how in-season                               As previously explained (and detailed              5. Removal of Incidental Possession
                                                 accountability measures would be                        in Figure 1), the current regulations link            Limit if Necessary To Achieve TAL
                                                 implemented if Framework 4 were                         the bait skate incidental possession
                                                 approved. We are proposing the                          limit to the skate wing fishery                         This action would also clarify, under
                                                 following measures, as recommended by                   possession limit. Currently, the bait                 the authority of section 305(d) of the
                                                 the Council.                                            skate incidental possession limit is                  Magnuson-Stevens Fishery
                                                                                                         equivalent to the skate wing possession               Conservation and Management Act,
                                                 1. Reduce the Season 3 Bait Skate                       limit. This action proposes to de-couple              regulations pertaining to in-season
                                                 Possession Limit                                        the in-season accountability measures                 possession limit reductions (incidental
                                                    This measure would reduce the                        for the two fisheries and establish an                possession limits) in the skate fishery. If
                                                 Season 3 (November through April)                       8,000-lb (3,629-kg) incidental                        NMFS determines that an in-season
                                                 possession limit from 25,000 lb (11,340                 possession limit whenever the skate bait              possession limit reduction could
                                                 kg) to 12,000 lb (5,443 kg). Because                    fishery is projected to reach a seasonal              prohibit the skate bait fishery from
                                                 Season 3 is the longest season in the bait              threshold trigger.                                    achieving its annual TAL, NMFS may
                                                 fishery (6 months), reducing the trip                      Once implemented, an incidental
                                                                                                                                                               remove the in-season reduction and
                                                 limit should slow the catch rate and                    possession limit could be removed and
                                                                                                                                                               reinstate the standard seasonal
                                                 lessen the chance of closing the fishery.               the standard trip limit reinstated if catch
                                                                                                         projections indicate the TAL will not be              possession limit. A similar action was
                                                 2. Reduce the Season 3 Bait Skate TAL                                                                         taken during fishing year 2016 (82 FR
                                                                                                         harvested and removing the limits are
                                                 Threshold Trigger                                                                                             13564, March 14, 2017) and language is
                                                                                                         not expected to result in exceeding the
                                                    This measure would change the                        TAL.                                                  proposed at 50 CFR 648.322(f) to better
                                                 Season 3 TAL threshold trigger at which                                                                       clarify the regulations to be consistent
                                                 the incidental possession limit would                   4. Implement a Bait Skate Fishery                     with the intent of the Council.
                                                 become effective. Similar to the                        Closure When the TAL Is Harvested
                                                                                                                                                               BILLING CODE 3510–22–P
                                                 proposed trip limit reduction, dropping                    This measure would close the bait
                                                 the TAL threshold trigger from 90 to 80                 fishery when 100 percent of the bait
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                                                                         Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Proposed Rules                                    48783

                                                            Figure 1. Flow Chart Depicting Skate Bait and Skate Wing Season 2 and 3 In-Seasor
                                                            Closures During Fishing Year 2016.




                                                                                                                                                                          85 percent
                                                                                                                                                                          Skate Wing TAL

                                                                              Season 3
                                                                  Simultaneous Trigger
                                                                    (January 30, 2017)




                                                            Figure 2. Flow Chart Depicting Changes Proposed in Framework Adjustment 4 for Skate
                                                            Bait Season 3.




                                                                                       80 percent                                                                          85 percent
                                                                                       Skate Bait TAL                                                                      Skate Wing TAL




                                                                                        100 percent
                                                                                        Skate Bait TAL
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                                                 BILLING CODE 3510–22–C
                                                                                                                                                                                                    EP20OC17.000</GPH>




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                                                 48784                   Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Proposed Rules

                                                 Classification                                          is classified as a small business if it is              Dated: October 16, 2017.
                                                   Pursuant to section 304(b)(1)(A) of the               independently owned and operated, is                  Samuel D. Rauch, III,
                                                 Magnuson-Stevens Act, the NMFS                          not dominant in its field of operation                Deputy Assistant Administrator for
                                                                                                         (including its affiliates), and has                   Regulatory Programs, National Marine
                                                 Assistant Administrator has made a
                                                                                                         combined annual receipts not in excess                Fisheries Service.
                                                 preliminary determination that this
                                                 proposed rule is consistent with the                    of $11 million for all its affiliated                   For the reasons set out in the
                                                 FMP, Framework 4, provisions of the                     operations worldwide. The Council’s                   preamble, 50 CFR part 648 is proposed
                                                 Magnuson-Stevens Act, and other                         analysis indicates the maximum number                 to be amended as follows:
                                                 applicable law, subject to further                      of small fishing entities that may be
                                                 consideration after public comment.                     affected by this action is 69 (71 vessels),           PART 648—FISHERIES OF THE
                                                   This proposed rule has been                           based on 2015 data. During fishing year               NORTHEASTERN UNITED STATES
                                                 determined to be not significant for                    2015, only 69 affiliated groups landed                ■ 1. The authority citation for part 648
                                                 purposes of Executive Order 12866.                      any amount of skate for bait. At the                  continues to read as follows:
                                                   This proposed rule does not contain                   permit level, every skate landing permit
                                                 policies with federalism or ‘‘takings’’                                                                           Authority: 16 U.S.C. 1801 et seq.
                                                                                                         is defined as a small business according
                                                 implications as those terms are defined                 to size standards (the top five vessels               ■ 2. In § 648.322, revise paragraphs (c)
                                                 in E.O. 13132 and E.O. 12630,                           have total revenues between 600                       through (e) and add paragraphs (f) and
                                                 respectively.                                           thousand and 1.9 million dollars in                   (g) to read as follows:
                                                   An Initial Regulatory Flexibility                     2015).
                                                 Analysis (IRFA) was prepared for this                                                                         § 648.322 Skate allocation, possession,
                                                 proposed rule, as required by section                   Description of the Projected Reporting,               and landing provisions.
                                                 603 of the Regulatory Flexibility Act                   Recordkeeping, and Other Compliance                   *      *     *     *    *
                                                 (RFA), 5 U.S.C. 603. The IRFA describes                 Requirements of This Proposed Rule                       (c) Bait Letter of Authorization (LOA).
                                                 the economic impact that this proposed                                                                        A skate vessel owner or operator under
                                                 rule would have on small entities,                        This action does not introduce any                  this part may request and receive from
                                                 including small businesses, and also                    new reporting, recordkeeping, or other                the Regional Administrator an
                                                 determines ways to minimize these                       compliance requirements.                              exemption from the skate wing
                                                 impacts. The IRFA includes this section                                                                       possession limit restrictions for a
                                                                                                         Federal Rules Which May Duplicate,                    minimum of 7 consecutive days,
                                                 of the preamble to this rule and analyses               Overlap, or Conflict With This Proposed
                                                 contained in Framework 4 and its                                                                              provided that when the vessel is fishing
                                                                                                         Rule                                                  pursuant to the terms of authorization at
                                                 accompanying EA/RIR/IRFA. A copy of
                                                 the full analysis is available from the                   The proposed regulations do not                     least the following requirements and
                                                 Council (see ADDRESSES). A summary of                   create overlapping regulations with any               conditions are met:
                                                 the IRFA follows.                                                                                                (1) The vessel owner or operator
                                                                                                         state regulations or other federal laws.
                                                                                                                                                               obtains and retains onboard the vessel a
                                                 Description of the Reasons Why Action                   Description of Significant Alternatives               valid LOA. LOAs are available upon
                                                 by the Agency Is Being Considered and                   to the Proposed Action Which                          request from the Regional
                                                 Statement of the Objectives of, and                     Accomplish the Stated Objectives of                   Administrator.
                                                 Legal Basis for, This Proposed Rule                                                                              (2) The vessel owner or operator
                                                                                                         Applicable Statutes and Which
                                                   A description of the action, why it is                Minimize Any Significant Economic                     fishes for, possesses, or lands skates
                                                 being considered, and the legal basis for               Impact on Small Entities                              only for use as bait.
                                                 this action are contained in the                                                                                 (3) The vessel owner or operator
                                                 preamble of this proposed rule.                            The Council considered revising the                possesses or lands no more than 25,000
                                                                                                         skate bait threshold trigger, reduced                 lb (11,340 kg) of whole skates per trip
                                                 Description and Estimate of the Number                  possession limit, and closure                         during Seasons 1 or 2 and no more than
                                                 of Small Entities to Which This                                                                               12,000 lb (5,443 kg) of whole skates per
                                                                                                         independently, but elected to include
                                                 Proposed Rule Would Apply                                                                                     trip during Season 3.
                                                                                                         all of the measures into a single action.
                                                    The proposed modifications to skate                  The Council was concerned that                           (4) The vessel owner or operator
                                                 bait fishery effort controls would impact               independently, the measures would not                 possesses or lands only whole skates
                                                 vessels that hold Federal open access                   restrict catch enough and leave the                   less than 23 inches (58.42 cm) total
                                                 commercial skate permits that                           fishery at risk of a substantial closure              length, and does not possess or land any
                                                 participate in the skate fishery or                     with accompanying economic impacts.                   skate wings or whole skates greater than
                                                 affiliated groups that hold multiple                    Incorporating all of the measures                     23 inches (58.42 cm) total length.
                                                 open access commercial skate permits                    proposed accomplishes the goals and                      (5) Vessels that choose to possess or
                                                 that participate in the skate fishery.                  objectives of the FMP and minimizes                   land skate wings during the
                                                 Within the skate bait fishery, the                                                                            participation period of this letter of
                                                                                                         the economic impact on small entities.
                                                 majority of affiliate groups consist of a                                                                     authorization must comply with
                                                                                                         Retaining the status quo management
                                                 single permit-holder, or 71 vessels in                                                                        possession limit restrictions under
                                                 fishing year 2015. Four vessels belong to               measures would not slow catch and                     paragraph (b) of this section for all
                                                 affiliated groups that hold two or more                 would result in the fishery having a                  skates or skate parts on board. Vessels
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                                                 permits.                                                higher likelihood of closing for an                   possessing skate wings in compliance
                                                    For RFA purposes only, NMFS has                      extended period, resulting in greater                 with the possession limit restrictions
                                                 established a small business size                       profit losses to industry.                            under paragraph (b) may fish for,
                                                 standard for businesses, including their                List of Subjects in 50 CFR Part 648                   possess, or land skates for uses other
                                                 affiliates, whose primary industry is                                                                         than bait.
                                                 commercial fishing (see 50 CFR 200.2).                    Fisheries, Fishing, Recordkeeping and                  (6) The vessel owner or operator
                                                 A business primarily engaged in                         reporting requirements.                               complies with the transfer at sea
                                                 commercial fishing (NAICS code 11411)                                                                         requirements at § 648.13(h).


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                                                                         Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Proposed Rules                                              48785

                                                    (d) In-season adjustment of skate bait               of the skate bait fishery TAL will be                 this section could prohibit the skate bait
                                                 possession limits. When the Regional                    landed, the Regional Administrator                    fishery from achieving its annual TAL,
                                                 Administrator projects that 90 percent                  shall, through a notice in the Federal                the in-season reduction may be
                                                 of the skate bait fishery seasonal quota                Register consistent with the                          removed.
                                                 has been landed in Seasons 1 or 2, or                   Administrative Procedure Act, close the
                                                                                                                                                                  (g) Prohibitions on possession of
                                                 80 percent of the annual skate bait                     skate bait fishery, unless such a closure
                                                                                                                                                               skates. A vessel fishing in the EEZ
                                                 fishery TAL has been landed, the                        would be expected to prevent
                                                 Regional Administrator shall, through a                 attainment of the annual TAL. During a                portion of the Skate Management Unit
                                                 notice in the Federal Register consistent               skate bait fishery closure all skate bait             may not:
                                                 with the Administrative Procedure Act,                  LOAs as described in paragraph (c) of                    (1) Retain, possess, or land barndoor
                                                 reduce the skate bait trip limit to 8,000               this section are void. All skates                     or thorny skates taken in or from the
                                                 lb (3,629 kg) of whole skates for the                   harvested and landed during a skate bait              EEZ portion of the Skate Management
                                                 remainder of the quota period, unless                   fishery closure will be attributed                    Unit.
                                                 such a reduction would be expected to                   towards the skate-wing TAL as                            (2) Retain, possess, or land smooth
                                                 prevent attainment of the seasonal quota                described in this section.
                                                                                                            (f) Removal of in-season possession                skates taken in or from the GOM RMA
                                                 or annual TAL.
                                                    (e) In-season closure of skate bait                  limit reductions. If it is determined that            described at § 648.80(a)(1)(i).
                                                 fishery. When the Regional                              an in-season trip limit reduction as                  [FR Doc. 2017–22719 Filed 10–19–17; 8:45 am]
                                                 Administrator projects that 100 percent                 described in paragraphs (d) and (e) of                BILLING CODE 3510–22–P
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Document Created: 2017-10-20 00:06:16
Document Modified: 2017-10-20 00:06:16
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.
DatesPublic comments must be received by November 6, 2017.
ContactWilliam Whitmore, Fishery Policy Analyst, (978) 281-9182.
FR Citation82 FR 48781 
RIN Number0648-BH03
CFR AssociatedFisheries; Fishing and Recordkeeping and Reporting Requirements

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