83 FR 15754 - Fisheries of the Northeastern United States; Northeast Skate Complex; Inseason Adjustment to the Skate Wing Possession Limit

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 71 (April 12, 2018)

NMFS announces the adjustment of the commercial per-trip possession limit in the skate wing fishery for the remainder of the 2017 fishing year, through April 30, 2018, based on a revised landings projection. This possession limit adjustment is necessary to allow fishermen the opportunity to fully harvest the remaining skate wing annual total allowable landings. This announcement also informs the public that the skate wing possession limit is increased until the end of the fishing year (April 30).

[Federal Register Volume 83, Number 71 (Thursday, April 12, 2018)]
[Rules and Regulations]
[Pages 15754-15755]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07589]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 170710645-8098-02]
RIN 0648-XG162


Fisheries of the Northeastern United States; Northeast Skate 
Complex; Inseason Adjustment to the Skate Wing Possession Limit

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

ACTION: Temporary rule; inseason adjustment.

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SUMMARY: NMFS announces the adjustment of the commercial per-trip 
possession limit in the skate wing fishery for the remainder of the 
2017 fishing year, through April 30, 2018, based on a revised landings 
projection. This possession limit adjustment is necessary to allow 
fishermen the opportunity to fully harvest the remaining skate wing 
annual total allowable landings. This announcement also informs the 
public that the skate wing possession limit is increased until the end 
of the fishing year (April 30).

DATES: Effective April 9, 2018, through April 30, 2018.

FOR FURTHER INFORMATION CONTACT: Cynthia Hanson, Fishery Management 
Specialist, (978) 281-9180.

SUPPLEMENTARY INFORMATION: The skate wing fishery is managed through 
the Northeast Skate Complex Fishery Management Plan (FMP); the 
regulations for which are found at 50 CFR part 648, subpart O. On 
December 27, 2017, we reduced the commercial skate wing possession 
limit from 4,100 lb (1,860 kg) of skate wings (9,307 lb (4,222 kg) 
whole weight) per trip to the incidental limit of 500 lb (227 kg) of 
skate wings (1,135 lb (515 kg) whole weight) per trip for the remainder 
of the fishing year (82 FR 59526). The Regional Administrator is 
authorized to reduce the skate wing possession limit when landings 
reach 85 percent of the annual total allowable landings (TAL), which 
occurred in December. However, this is discouraged if the reduction is 
expected to prevent attainment of the annual TAL. Regulations at Sec.  
648.322(b) describe this process of adjusting the commercial possession 
limit of skate wings.
    Based on landings data reported through March 31, 2018, our revised 
projections indicate that under the current possession limits, the 
skate wing fishery will only harvest 98 percent of the annual TAL 
before the end of the fishing year on April 30. Because the annual TAL 
would not be fully utilized under the current incidental possession 
limit, we are authorized to adjust the possession limit in accordance 
with the regulations to allow the full attainment of the annual TAL. 
Revised projections indicate that increasing the possession limit for 
skate wings from 500 lb (227 kg) back to the seasonal 4,100 lb (1,860 
kg) per trip for the remainder of April (and the fishing year) would 
better allow the annual TAL to be fully utilized while still limiting 
the possibility of exceeding it due to the limited time period.

[[Page 15755]]

    This action increases the commercial skate wing possession limit 
from the incidental limit of 500 lb (227 kg) of skate wings (1,135 lb 
(515 kg) whole weight) per trip to the seasonal 4,100 lb (1,860 kg) of 
skate wings (9,307 lb (4,222 kg) whole weight) per trip. This action is 
being implemented to allow the skate wing fishery an opportunity to 
fully attain the annual TAL while minimizing the possibility of 
exceeding it. Upon filing of this notice, no person may possess on 
board or land more than 4,100 lb (1,860 kg) of skate wings (9,307 lb 
(4,222 kg) whole weight) per trip for the remainder of the 2017 fishing 
year, unless under specific exemption. This action applies to the skate 
wing fishery only and does not affect vessels fishing in accordance 
with a skate bait letter of authorization. On May 1, 2018, the 2018 
fishing year begins, and the commercial skate wing possession limit 
will return to the skate wing season 1 (May 1, 2018 through August 31, 
2018) possession limit of 2,600 lb (1,179 kg) of skate wings or 5,902 
lb (2,677 kg) whole weight per trip.

Classification

    This action is taken under 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    The Assistant Administrator for Fisheries, NOAA, finds good cause 
pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the 
opportunity for public comment because it would be contrary to the 
public interest. This action ends the previous trip limit reduction in 
the commercial skate bait fishery, and raises the possession limit from 
the incidental limit to the standard season 2 limit in order to allow 
fishermen the opportunity to fully harvest the annual skate wing TAL. 
The regulations at Sec.  648.322(b)(2)(iii) allow this by stating that 
trip limits should not be reduced if they prevent the attainment of the 
TAL. If implementation of this adjustment were delayed to solicit prior 
public comment, this could further prevent the fishery's ability to 
harvest the full TAL, thereby undermining the objectives of the 
Northeast Skate Complex Fishery Management Plan. This action also 
relieves the restriction of the former trip limit reduction in the wing 
fishery for the remainder of the 2017 fishing year. The Assistant 
Administrator further finds, pursuant to 5 U.S.C. 553(d)(3), good cause 
to waive the 30-day delayed effectiveness period for the reason stated 
above.

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

    Dated: April 9, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-07589 Filed 4-9-18; 4:15 pm]
 BILLING CODE 3510-22-P