83 FR 31354 - Fisheries of the Northeastern United States; Northeast Skate Complex; Framework Adjustment 5 and 2018-2019 Specifications

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 129 (July 5, 2018)

Page Range		31354-31358
FR Document		2018-14348
This rulemaking proposes regulations to approve and implement measures submitted by the New England Fishery Management Council in Framework Adjustment 5 and 2018-2019 Specifications to the Northeast Skate Complex Fishery Management Plan. This action would implement 2018-2019 specifications, allow limited possession of barndoor skate in the skate wing fishery, and exempt vessels from some specific domestic skate regulations when fishing exclusively within the Northwest Atlantic Fisheries Organization Regulatory Area. The action is necessary to establish skate specifications to be consistent with the most recent scientific information, and improve management of the skate fisheries. This proposed action is intended to establish appropriate catch limits for the skate fishery and to provide additional operational flexibility to fishery participants.
Federal Register, Volume 83 Issue 129 (Thursday, July 5, 2018)
[Federal Register Volume 83, Number 129 (Thursday, July 5, 2018)]
[Proposed Rules]
[Pages 31354-31358]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14348]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 180130101-8101-01]
RIN 0648-BH57


Fisheries of the Northeastern United States; Northeast Skate 
Complex; Framework Adjustment 5 and 2018-2019 Specifications

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

ACTION: Proposed rule; request for comments.

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SUMMARY: This rulemaking proposes regulations to approve and implement 
measures submitted by the New England Fishery Management Council in 
Framework Adjustment 5 and 2018-2019 Specifications to the Northeast 
Skate Complex Fishery Management Plan. This action would implement 
2018-2019 specifications, allow limited possession of barndoor skate in 
the skate wing fishery, and exempt vessels from some specific domestic 
skate regulations when fishing exclusively within the Northwest 
Atlantic Fisheries Organization Regulatory Area. The action is 
necessary to establish skate specifications to be consistent with the 
most recent scientific information, and improve management of the skate 
fisheries. This proposed action is intended to establish appropriate 
catch limits for the skate fishery and to provide additional 
operational flexibility to fishery participants.

DATES: Public comments must be received by August 6, 2018.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2018-0054, 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-2018-0054, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Michael Pentony, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930-2276. Mark the outside of the envelope: 
``Comments on Skate Framework Adjustment 5 and 2018-2019 
Specifications.''
    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 5 and 2018-2019 Specifications that describes the proposed 
action and other considered alternatives. The EA provides an 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 5 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.nefmc.org and www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0054.

FOR FURTHER INFORMATION CONTACT: Debra Lambert, Fishery Policy Analyst, 
(301) 427-8560.

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). Additional information on the skate 
fisheries can be found online at https://www.greateratlantic.fisheries.noaa.gov/sustainable/species/skate/index.html.
    The regulations implementing the Skate FMP at 50 CFR part 648, 
subpart O, outline the management procedures and measures for the skate 
fisheries. Specifications including the annual catch limit (ACL), 
annual catch target (ACT), total allowable landings (TAL) for the skate 
wing and bait fisheries, and possession limits may be specified for up 
to 2 years. The current specifications were implemented as part of 
Framework Adjustment 3 to the FMP and the 2016-2017 Specifications (81 
FR 54744; August 17, 2016). The Council is required to develop new 
specification recommendations for the 2018 and 2019 fishing years. 
Though the 2018 fishing year began on May 1, 2018, the existing

[[Page 31355]]

specifications and possession limits remain in effect until they are 
replaced. In addition to recommending specifications, the Council has 
recommended to allow limited possession of barndoor skate given that 
the stock is now rebuilt, and to exempt vessels from domestic skate 
regulations when fishing exclusively within the Northwest Atlantic 
Fisheries Organization (NAFO) Regulatory Area, except for the 
prohibition on possessing, retaining, or landing prohibited species.

Proposed Specifications

    In August 2017, the Council's Scientific and Statistical Committee 
reviewed updated information on the status of the 7 skate species and 
recommended an acceptable biological catch (ABC) of 31,327 mt for 
fishing years 2018 and 2019 (a slight increase from 31,081 mt in 2017). 
This ABC incorporates updated data from NMFS' trawl surveys and the new 
discard mortality estimate for winter skate in the sink gillnet fishery 
(14 percent, instead of the previously-assumed 50 percent). The ABC is 
based on the current default ABC control rule established in Amendment 
3. The control rule uses the median catch/biomass ratio as an estimate 
of exploitation rate applied to the three-year moving average biomass 
index. For these specifications of ABC, that includes using the 2015-
2017 spring survey data for little skate and the 2014-2016 fall survey 
data for the other managed skates.
    Both the Skate Advisory Panel and the Skate Committee met in 
September 2017 to discuss the skate specifications, following 
procedures in Amendment 3 to the FMP. The ACL for the skate complex is 
set equal to the ABC, and the ACT is specified at 75 percent of the ACL 
to account for scientific and management uncertainty. After deducting 
amounts for projected dead discards and state landings, the remaining 
catch is allocated as the wing and bait fisheries TALs. The Advisory 
Panel and Committee recommended specification measures to the Council 
who, in turn, has made recommendations to NMFS. NMFS is proposing the 
following specifications for the skate fisheries in 2018-2019 as 
recommended by the Council:
    1. An ABC and ACL of 31,327 mt;
    2. An ACT at 23,495 mt (75 percent of the ACL);
    3. A TAL of 8,749 mt for the wing fishery, that is divided into two 
seasons according to the current regulations at Sec.  648.322. In 
Season 1 (May 1-August 31), the TAL will be 4,987 mt (57 percent), and 
the remainder of the TAL allocated to Season 2 (September 1-April 30);
    4. Status quo possession limits for the wing fishery, as defined in 
Sec.  648.322(b): 2,600 lb (1,179 kg) of skate wings per trip in Season 
1, and 4,100 lb (1,860 kg) of wings per trip in Season 2 for vessels 
fishing on a Northeast multispecies, monkfish, or scallop day-at-sea 
(DAS). The Northeast Multispecies Category-B DAS possession limit 
remains at 220 lb (100 kg) skate wings per trip, and incidental 
possession limit for vessels not on a DAS remains at 500 lb (227 kg) 
wings per trip;
    5. A TAL of 4,408 mt for the bait fishery, that is divided into 
three seasons according to the current regulations at Sec.  648.322. In 
Season 1 (May 1-July 31), the TAL will be 1,358 mt (30.8 percent); in 
Season 2 (August 1-October 31) the TAL will be 1,635 mt (37.1 percent); 
and the remainder of the TAL (1,415 mt) is allocated to Season 3 
(November 1-April 30); and
    6. Status quo possession limits for the bait fishery, as defined in 
Sec.  648.322(c): The possession limit is 25,000 lb (11,340 kg) of 
whole skates per trip in Seasons 1 and 2, and 12,000 lb (5,443 kg) of 
whole skates per trip in Season 3, for vessels carrying a Skate Bait 
Letter of Authorization.

Proposed Measures To Allow Possession of Barndoor Skates

    Possession and landing of barndoor skate has been prohibited since 
2003, when the Northeast Skate Complex FMP was first implemented, as 
part of efforts to rebuild the stock. In response to NMFS' declaring 
the stock rebuilt in 2016, the Committee and Advisory Panel discussed 
options for allowing limited barndoor skate landings for vessels 
fishing for skate. The Council ultimately recommended allowing limited 
retention of barndoor skate in the wing fishery.
    NMFS is proposing to establish the Council's recommended 
proportional possession limit that corresponds to the barndoor skate 
contribution (25 percent) of overall skate catch based on observer 
data. To derive the proportional barndoor skate limit, the Council 
examined data from all observed trips that landed skate wings from 2012 
to 2016. For vessels fishing under a Northeast multispecies, scallop, 
or monkfish DAS, this would result in a barndoor skate possession limit 
of 650 lb (295 kg) wings in Season 1 and 1,025 lb (465 kg) wings in 
Season 2. The possession limits for barndoor skate wings are included 
within the overall wing possession limit (i.e., total pounds of skate 
wings on board, including barndoor skate wings, are not allowed to 
exceed 2,600 lb (1,179 kg) in Season 1 and 4,100 lb (1,860 kg) in 
Season 2). NMFS notes that the full barndoor wing possession limit may 
be realized, even if the full wing possession limit is not realized. 
For example, a vessel may possess 650 lb (295 kg) of barndoor skate 
wings in season 1, even if the vessel does not reach its full 2,600 lb 
(1,179 kg) possession limit.
    Framework 5 did not directly specify the barndoor possession limit 
when an inseason adjustment of the skate wing possession limit for the 
directed wing fishery is needed and the wing possession limit is 
reduced to 500 lb (227 kg); see current 50 CFR 648.322(b)(2). The 
inseason adjustment of the possession limit is used to prevent the 
directed wing fishery from exceeding seasonal quotas. To ensure the 
fishery operates consistently when an inseason adjustment is necessary, 
NMFS applied the same proportionality used to derive the barndoor 
possession limit under the full skate wing possession limit for 
directed skate wing fisheries (i.e., 25 percent of the wing possession 
limit) to specify the incidental barndoor skate wing possession limit. 
NMFS is proposing that when an incidental possession limit (500 lb (227 
kg) of skate wings) is implemented, the possession limit for barndoor 
skate wings will be 125 lb (57 kg) (see proposed regulatory text at 
Sec.  648.322(b)(3), below).
    Framework 5 did not propose, discuss, or analyze options for 
allowing barndoor possession for vessels operating under other 
possession limits for skates, including: Vessels fishing for bait skate 
under a bait letter of authorization (Sec.  648.322(c)); vessels 
fishing under a Northeast multispecies Category B DAS (Sec.  
648.322(b)); vessels fishing under the incidental skate possession 
limit for vessels not under a DAS (Sec.  648.322(b)); or when fishing 
in a Northeast multispecies DAS exemption program area that allows 
possession and landing of skate or skate parts (as specified in Sec.  
648.80(b)(3)(ii)) without a Northeast multispecies or monkfish DAS. 
Because barndoor possession under these scenarios was not explicitly 
proposed, considered, or analyzed, NMFS is not proposing to allow 
vessels operating under the above mentioned scenarios to possess 
barndoor skates. NMFS seeks comments and input on the proposal to not 
allow barndoor skate possession and landing by these incidental 
fisheries that do not operate under the ``directed'' fishery landing 
provisions.
    Framework 5 also proposes that the body of any skate species 
already ``winged'' may not be discarded in order

[[Page 31356]]

to land barndoor skates (i.e., no high-grading). NMFS considers that 
the intent of this provision is to prevent high-grading by prohibiting 
the discarding of skate wings, as opposed to skate bodies, in order to 
land barndoor skate. The current regulations at Sec.  648.322(b)(4) 
allow skate bodies to be discarded at sea. NMFS agrees that high-
grading is a wasteful practice and should be discouraged; however, it 
will be difficult to determine if a vessel discarded skate wings of one 
species at sea with the intention of landing barndoor skate wings. 
Therefore, we propose prohibiting the discarding of any skate wings 
when barndoor is in possession. NMFS expects this measure to capture 
the intent of the no high-grading provision within Framework 5 and 
seeks comments on this measure.
    Lastly, NMFS is proposing that barndoor skate wings and carcasses 
on board a vessel that is subject to barndoor possession limits must be 
separated from other species of fish and stored so as to be readily 
available for inspection. This provision was not part of Skate 
Framework 5, but NMFS determined it is necessary to aid in the 
enforcement of barndoor possession limits. This provision is being 
proposed under the authority of section 305(d) of the Magnuson-Stevens 
Act. Similar separation provisions exist in other fisheries; for 
example, scallop dredge vessels that are permitted to possess a limited 
amount of haddock must separate the haddock from other species on board 
(see Sec.  648.86(a)(2)(iii)). We are seeking comments on this 
provision and input as to whether this provision will aid in compliance 
and enforcement and if it will be logistically challenging for vessels 
to keep barndoor skate separate from other species on board.

Northwest Atlantic Fisheries Organization Regulatory Area Exemption 
Program

    At their September 2017 meeting, the Council agreed to add the NAFO 
Regulatory Area exemption program into Framework 5 in response to 
public comment. The Council took final action to approve the NAFO 
exemption at their December 2017 meeting. Framework 5 proposes to 
exempt vessels from domestic skate regulations when fishing exclusively 
within the NAFO Regulatory Area, except for the prohibition on 
possessing, retaining, or landing prohibited species. U.S. vessels 
fishing in the NAFO Regulatory Area are currently exempt from domestic 
Northeast multispecies and monkfish permit, mesh size, effort-control, 
and possession limit restrictions (see Sec.  648.17). U.S. vessels in 
the NAFO area are largely targeting yellowtail flounder and Atlantic 
halibut, and exempting these vessels from domestic skate regulations 
would provide them additional flexibility to retain and land skates in 
the United States. NAFO specifies an annual quota for skates (in 2018 
the quota is 258 mt), and that quota is not allocated to particular 
countries; access to skates is on a first come, first served basis. The 
NAFO-specified incidental possession limit for skates is 2,500 kg or 10 
percent of the total catch retained; when the skate quota has been 
reached, the incidental possession limit drops to 1,250 kg or 5 percent 
of total catch retained.
    NMFS is proposing that vessels fishing under a High Seas Permit 
within the NAFO Regulatory Area are exempt from domestic skate permit 
and possession limit restrictions. However, vessels will not be exempt 
from the prohibition on possessing, retaining, or landing prohibited 
skate species specified in Sec. Sec.  648.14(v) and 648.322(g). 
Barndoor skate is currently a prohibited species but, as described 
above, NMFS is proposing through this action to allow a limited amount 
of barndoor skate possession within the directed wing fishery. 
Therefore, we are proposing that U.S. vessels fishing in the NAFO 
Regulatory Area be allowed to possess barndoor skate consistent with 
the NAFO-established incidental possession limits, but are not exempt 
from the prohibition on possessing, retaining, or landing other 
prohibited skate species (i.e., thorny skate and smooth skates) 
specified in Sec. Sec.  648.14(v) and 648.322(g). Further, the skate 
catch from the NAFO Regulatory Area would not count against domestic 
skate TALs. To be eligible for this proposed exemption, vessels would 
be required to: Have on board a letter of authorization (LOA) issued by 
the Regional Administrator; except for transiting purposes, fish 
exclusively in the NAFO Regulated Area and not harvest fish in, or 
possess fish harvested from, the exclusive economic zone (EEZ); ensure 
all gear is properly stowed and not available for immediate use when 
transiting the EEZ; and comply with all High Seas Fishing Compliance 
Permit and NAFO Conservation and Enforcement Measures while fishing in 
the NAFO Regulated Area (Sec.  648.17(b)).

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 5, 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.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule, if adopted, would not 
have a significant economic effect on a substantial number of small 
entities. The factual basis for this determination is as follows.
    The purpose of this action was previously outlined in the preamble 
to this proposed rule and is not repeated here. As proposed, the TALs 
for the wing fishery and bait fishery would increase slightly. This 
action, if implemented, would provide additional flexibility and 
opportunities in the fishery by slightly increasing TALs, allowing 
limited landings of barndoor skate under certain specific 
circumstances, and by allowing vessels fishing exclusively within the 
NAFO Regulatory Area the opportunity to retain and land skate in the 
United States.
    The action would impact vessels or affiliated groups that hold 
Federal skate permits and participate in skate fisheries, and vessels 
that fish in the NAFO Regulatory Area. The Council's analysis of 2015 
data indicates that the skate fishery had 329 affiliated groups with 
single permits, and another 89 vessels belonged to affiliated groups 
that hold 2 or more permits. Because only two vessels participated in 
the NAFO Regulated Area recently, a quantitative analysis cannot be 
reported for those vessels because of confidentiality requirements. In 
addition, because possession of barndoor skates has been prohibited 
since 2003, the number of vessels that would land barndoor skate and 
the amount of landings is unknown and cannot be quantitatively 
analyzed. It is difficult to quantitatively analyze the economic 
impacts of increasing TALs, as economic impacts would have to be 
compared against 2015 fishing year data (the last year in which the 
incidental possession limit was not imposed) when TALs were higher than 
2016 and 2017 levels, and proposed 2018 levels. Therefore, a 
qualitative analysis is described below.
    For Regulatory Flexibility Act (RFA) purposes only, NMFS has 
established a small business size standard for businesses, including 
their affiliates, whose primary industry is commercial fishing (see 
Sec.  200.2). A business primarily engaged in commercial fishing (NAICS 
code 11411) is classified as a small business if it is independently

[[Page 31357]]

owned and operated, is not dominant in its field of operation 
(including its affiliates), and has combined annual receipts not in 
excess of $11.0 million for all its affiliated operations worldwide. 
The determination as to whether the entity is large or small is based 
on a 3-year average of annual revenue.
    Affiliate data are assembled by NMFS, as of June 1st each year, for 
analysis required by the RFA. During fishing year 2015, 371 regulated 
entities landed skates; 369 entities were small and 2 were large. All 
371 entities could be directly regulated by this proposed action.
    This action, which proposes to slightly increase TALs relative to 
the 2017 fishing year, allows landing of barndoor skate in the directed 
skate wing fishery, and allows vessels fishing exclusively within the 
NAFO Regulatory Area the opportunity to retain and land skate in the 
United States, would result in increased economic opportunity to 
regulated entities by providing fishermen with additional fishing 
opportunities and enhance their operational flexibility. This action is 
not expected to have a significant economic impact on a substantial 
number of small entities. The effects on the regulated small entities 
in this analysis are expected to be positive relative to the no action 
alternative. Under the proposed action, small entities would not be 
placed at a competitive disadvantage relative to large entities, and 
the regulations would not reduce profits for any small entities. As a 
result, an initial regulatory flexibility analysis is not required and 
none has been prepared.
    This rulemaking would not establish any new reporting or record-
keeping requirements.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

     Dated: June 28, 2018.
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.  648.14, revise paragraphs (v)(2) and (v)(4) to read as 
follows:


Sec.  648.14  Prohibitions.

* * * * *
    (v) * * *
    (2) All Federal permit holders. It is unlawful for any owner or 
operator of a vessel holding a valid Federal permit to do any of the 
following:
    (i) Retain, possess, or land thorny skates taken in or from the EEZ 
portion of the skate management unit specified at Sec.  648.2.
    (ii) Retain, possess, or land barndoor skates taken in or from the 
EEZ portion of the skate management unit when fishing under a bait 
letter of authorization as described in Sec.  648.322(c); when fishing 
under a NE multispecies Category B DAS as described under Sec.  
648.322(b); when fishing under the incidental skate possession limit 
for vessels not under a DAS as described in Sec.  648.322(b)(4); or 
when fishing in a NE multispecies DAS exemption program that allows the 
possession of skate or skate parts in an amount not to exceed 10 
percent by weight of all other species on board, as specified in Sec.  
648.80(b)(3)(ii), without a NE multispecies or monkfish DAS.
    (iii) Discard any skate wings when in possession of barndoor skate 
wings.
    (iv) Retain, possess, or land smooth skates taken in or from the 
GOM RMA described at Sec.  648.80(a)(1)(i).
* * * * *
    (4) Presumption. For purposes of this part, the following 
presumption applies: All skates retained or possessed on a vessel are 
deemed to have been harvested in or from the Skate Management Unit, 
unless the preponderance of evidence demonstrates that such skates were 
harvested by a vessel, that has not been issued a Federal skate permit, 
fishing exclusively outside of the EEZ portion (such as fishing within 
the NAFO Regulatory Area under Sec.  648.17(a)(3)) of the skate 
management unit or only in state waters.
* * * * *
0
3. In Sec.  648.17, add paragraph (a)(3) to read as follows:


Sec.  648.17   Exemptions for vessels fishing in the NAFO Regulatory 
Area.

    (a) * * *
    (3) Skates. A vessel issued a valid High Seas Fishing Compliance 
Permit under part 300 of this title and that complies with the 
requirements specified in paragraph (b) of this section is exempt from 
skate permit and possession limit restrictions, specified in Sec. Sec.  
648.4, and 648.322, respectively, and from Atlantic sea scallop, NE 
multispecies, or monkfish DAS effort control restrictions specified in 
Sec. Sec.  648.53, 648.82, and 648.92, respectively, and from mesh size 
and gear restrictions specified in Sec. Sec.  648.51, 648.80, and 
648.91, respectively, while transiting the EEZ with skates on board the 
vessel, or landing skates in U.S. ports that were caught while fishing 
in the NAFO Regulatory Area. These vessels may possess, retain, and 
land barndoor skate; however, they may not possess, retain, or land 
other prohibited skate species specified in Sec. Sec.  648.14(v) and 
648.322(g).
* * * * *
0
4. In Sec.  648.80, revise paragraph (b)(3)(ii) to read as follows:


Sec.  648.80   NE Multispecies regulated mesh areas and restrictions on 
gear and methods of fishing.

* * * * *
    (b) * * *
    (3) * * *
    (ii) Possession and net stowage requirements. Vessels may possess 
regulated species while in possession of nets with mesh smaller than 
the minimum size specified in paragraphs (a)(4) and (b)(2) of this 
section when fishing in the SNE Exemption Area defined in paragraph 
(b)(10) of this section, provided that such nets are stowed and are not 
available for immediate use as defined in Sec.  648.2, and provided 
that regulated species were not harvested by nets of mesh size smaller 
than the minimum mesh size specified in paragraphs (a)(4) and (b)(2) of 
this section. Vessels fishing for the exempted species identified in 
paragraph (b)(3)(i) of this section may also possess and retain the 
following species, with the restrictions noted, as incidental take to 
these exempted fisheries: Conger eels; sea robins; black sea bass; red 
hake; tautog (blackfish); blowfish; cunner; John Dory; mullet; 
bluefish; tilefish; longhorn sculpin; fourspot flounder; alewife; 
hickory shad; American shad; blueback herring; sea raven; Atlantic 
croaker; spot; swordfish; monkfish and monkfish parts--up to 10 
percent, by weight, of all other species on board or up to 50 lb (23 
kg) tail-weight/166 lb (75 kg) whole weight of monkfish per trip, as 
specified in Sec.  648.94(c)(4), whichever is less; American lobster--
up to 10 percent, by weight, of all other species on board or 200 
lobsters, whichever is less; and skate and skate parts (except for 
barndoor skate and other prohibited skate species (see Sec. Sec.  
648.14(v)(2) and 648.322(g))--up to 10 percent, by weight, of all other 
species on board.
* * * * *
0
5. In Sec.  648.322, revise paragraphs (b) and (g) to read as follows:

[[Page 31358]]

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

* * * * *
    (b) Skate wing possession and landing limits. (1) Vessels fishing 
under an Atlantic sea scallop, NE multispecies, or monkfish DAS. (i) A 
vessel or operator of a vessel that has been issued a valid Federal 
skate permit under this part, and fishes under an Atlantic sea scallop, 
NE multispecies, or monkfish DAS as specified at Sec. Sec.  648.53, 
648.82, and 648.92, respectively, unless otherwise exempted under Sec.  
648.80 or paragraph (c) of this section, may fish for, possess, and/or 
land up to the allowable trip limits specified as follows: Up to 2,600 
lb (1,179 kg) of skate wings (5,902 lb (2,677 kg) whole weight) per 
trip in Season 1 (May 1 through August 31), and 4,100 lb (1,860 kg) of 
skate wings (9,307 lb (4,222 kg) whole weight) per trip in Season 2 
(September 1 through April 30), or any prorated combination of the 
allowable landing forms defined at paragraph (b)(5) of this section.
    (ii) When fishing under the possession limits specified in 
paragraph (b)(1)(i) of this section, a vessel is allowed to possess and 
land up to 650 lb (295 kg) of barndoor skate wings (1,476 lb (670 kg) 
whole weight) per trip in Season 1, and 1,025 lb (465 kg) of barndoor 
skate wings (2,327 lb (1,056 kg) whole weight) per trip in Season 2. 
The possession limits for barndoor skate wings are included within the 
overall possession limit (i.e., total pounds of skate wings on board, 
including barndoor skate wings, are not allowed to exceed 2,600 lb in 
Season 1 and 4,100 lb in Season 2). Vessels are prohibited from 
discarding any skate wings when in possession of barndoor skate wings. 
Barndoor skate wings and carcasses on board a vessel subject to this 
possession limit must be separated from other species of fish and 
stored so as to be readily available for inspection.
    (2) NE multispecies Category B DAS. A vessel fishing on a declared 
NE multispecies Category B DAS described under Sec.  648.85(b), is 
limited to no more than 220 lb (100 kg) of skate wings (500 lb (227 kg) 
whole weight) per trip, or any prorated combination of the allowable 
landing forms defined at paragraph (b)(5) of this section. These 
vessels may not possess or land barndoor skate, or any other prohibited 
skate species (see Sec. Sec.  648.14(v)(2) and 648.322(g)).
    (3) 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)(5) of this 
section) for the remainder of the applicable quota season. When the 
incidental possession limit is implemented, a vessel is allowed to 
possess and land up to 125 lb (57 kg) of barndoor skate wings (284 lb 
(129 kg) whole weight) per trip. The possession limits for barndoor 
skate wings are included within the overall possession limit (i.e., 
total pounds of skate wings on board, including barndoor skate wings, 
are not allowed to exceed 500 lb). Vessels are prohibited from 
discarding any skate wings when in possession of barndoor skate wings. 
Barndoor skate wings and carcasses on board a vessel subject to this 
possession limit must be separated from other species of fish and 
stored so as to be readily available for inspection. The in-season 
adjustment of skate wing possession limits will be implemented 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)(3) 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)(3) 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.
    (4) Incidental possession limit for vessels not under a DAS. A 
vessel issued a Federal skate permit that is not fishing under an 
Atlantic sea scallop, NE multispecies, or monkfish DAS as specified at 
Sec. Sec.  648.53, 648.82, and 648.92, respectively, or is a limited 
access multispecies vessel participating in an approved sector 
described under Sec.  648.87 but not fishing on one of the DAS 
specified at Sec. Sec.  648.53, 648.82, or 648.92, may retain up to 500 
lb (227 kg) of skate wings or 1,135 lb (515 kg) of whole skate, or any 
prorated combination of the allowable landing forms defined at 
paragraph (b)(5) of this section. These vessels may not possess or land 
barndoor skate, or any other prohibited skate species (see Sec. Sec.  
648.14(v)(2) and 648.322(g)).
    (5) Allowable forms of skate landings. Except for vessels fishing 
under a skate bait letter of authorization as specified at Sec.  
648.322(c), a vessel may possess and/or land skates as wings only 
(wings removed from the body of the skate and the remaining carcass 
discarded), wings with associated carcasses possessed separately (wings 
removed from the body of the skate but the associated carcass retained 
on board the vessel), or in whole (intact) form, or any combination of 
the three, provided that the weight of the skate carcasses on board the 
vessel does not exceed 1.27 times the weight of skate wings on board. 
When any combination of skate wings, carcasses, and whole skates are 
possessed and/or landed, the applicable possession or landing limit 
shall be based on the whole weight limit, in which any wings are 
converted to whole weight using the wing to whole weight conversion 
factor of 2.27. For example, if the vessel possesses 100 lb (45.4 kg) 
of skate wings, the whole weight equivalent would be 227 lb (103.0 kg) 
of whole skates (100 lb (45.4 kg) x 2.27), and the vessel could possess 
up to 127 lb (57.6 kg) of skate carcasses (100 lb (45.4 kg) of skate 
wings x 1.27). A vessel may not possess and/or land skate carcasses and 
only whole skates.
* * * * *
    (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 thorny skates taken in or from the EEZ 
portion of the Skate Management Unit.
    (2) Retain, possess, or land barndoor skates taken in or from the 
EEZ portion of the skate management unit when fishing under a bait 
letter of authorization as described in Sec.  648.322(c); when fishing 
under a NE multispecies Category B DAS as described under Sec.  
648.322(b); when fishing under the incidental skate possession limit 
for vessels not under a DAS as described in Sec.  648.322(b)(4); or 
when fishing in a NE multispecies DAS exemption program that allows the 
possession of skate or skate parts in an amount not to exceed 10 
percent by weight of all other species on board, as specified in Sec.  
648.80(b)(3)(ii), without a NE multispecies or monkfish DAS.
    (3) Discard any skate wings when in possession of barndoor skate 
wings.
    (4) Retain, possess, or land smooth skates taken in or from the GOM 
RMA described at Sec.  648.80(a)(1)(i).
[FR Doc. 2018-14348 Filed 7-3-18; 8:45 am]
 BILLING CODE 3510-22-P
Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Proposed Rules 31355

specifications and possession limits allocated to Season 2 (September 1– exceed 2,600 lb (1,179 kg) in Season 1
remain in effect until they are replaced. April 30); and 4,100 lb (1,860 kg) in Season 2).
In addition to recommending 4. Status quo possession limits for the NMFS notes that the full barndoor wing
specifications, the Council has wing fishery, as defined in § 648.322(b): possession limit may be realized, even
recommended to allow limited 2,600 lb (1,179 kg) of skate wings per if the full wing possession limit is not
possession of barndoor skate given that trip in Season 1, and 4,100 lb (1,860 kg) realized. For example, a vessel may
the stock is now rebuilt, and to exempt of wings per trip in Season 2 for vessels possess 650 lb (295 kg) of barndoor
vessels from domestic skate regulations fishing on a Northeast multispecies, skate wings in season 1, even if the
when fishing exclusively within the monkfish, or scallop day-at-sea (DAS). vessel does not reach its full 2,600 lb
Northwest Atlantic Fisheries The Northeast Multispecies Category-B (1,179 kg) possession limit.
Organization (NAFO) Regulatory Area, DAS possession limit remains at 220 lb Framework 5 did not directly specify
except for the prohibition on possessing, (100 kg) skate wings per trip, and the barndoor possession limit when an
retaining, or landing prohibited species. incidental possession limit for vessels inseason adjustment of the skate wing
not on a DAS remains at 500 lb (227 kg) possession limit for the directed wing
Proposed Specifications wings per trip; fishery is needed and the wing
In August 2017, the Council’s 5. A TAL of 4,408 mt for the bait possession limit is reduced to 500 lb
Scientific and Statistical Committee fishery, that is divided into three (227 kg); see current 50 CFR
reviewed updated information on the seasons according to the current 648.322(b)(2). The inseason adjustment
status of the 7 skate species and regulations at § 648.322. In Season 1 of the possession limit is used to
recommended an acceptable biological (May 1–July 31), the TAL will be 1,358 prevent the directed wing fishery from
catch (ABC) of 31,327 mt for fishing mt (30.8 percent); in Season 2 (August exceeding seasonal quotas. To ensure
years 2018 and 2019 (a slight increase 1–October 31) the TAL will be 1,635 mt the fishery operates consistently when
from 31,081 mt in 2017). This ABC (37.1 percent); and the remainder of the an inseason adjustment is necessary,
incorporates updated data from NMFS’ TAL (1,415 mt) is allocated to Season 3 NMFS applied the same proportionality
trawl surveys and the new discard (November 1–April 30); and used to derive the barndoor possession
mortality estimate for winter skate in 6. Status quo possession limits for the limit under the full skate wing
the sink gillnet fishery (14 percent, bait fishery, as defined in § 648.322(c): possession limit for directed skate wing
instead of the previously-assumed 50 The possession limit is 25,000 lb fisheries (i.e., 25 percent of the wing
percent). The ABC is based on the (11,340 kg) of whole skates per trip in possession limit) to specify the
current default ABC control rule Seasons 1 and 2, and 12,000 lb (5,443 incidental barndoor skate wing
established in Amendment 3. The kg) of whole skates per trip in Season 3, possession limit. NMFS is proposing
control rule uses the median catch/ for vessels carrying a Skate Bait Letter that when an incidental possession limit
biomass ratio as an estimate of of Authorization. (500 lb (227 kg) of skate wings) is
exploitation rate applied to the three- Proposed Measures To Allow implemented, the possession limit for
year moving average biomass index. For Possession of Barndoor Skates barndoor skate wings will be 125 lb (57
these specifications of ABC, that kg) (see proposed regulatory text at
includes using the 2015–2017 spring Possession and landing of barndoor § 648.322(b)(3), below).
survey data for little skate and the 2014– skate has been prohibited since 2003, Framework 5 did not propose,
2016 fall survey data for the other when the Northeast Skate Complex FMP discuss, or analyze options for allowing
managed skates. was first implemented, as part of efforts barndoor possession for vessels
Both the Skate Advisory Panel and to rebuild the stock. In response to operating under other possession limits
the Skate Committee met in September NMFS’ declaring the stock rebuilt in for skates, including: Vessels fishing for
2017 to discuss the skate specifications, 2016, the Committee and Advisory bait skate under a bait letter of
following procedures in Amendment 3 Panel discussed options for allowing authorization (§ 648.322(c)); vessels
to the FMP. The ACL for the skate limited barndoor skate landings for fishing under a Northeast multispecies
complex is set equal to the ABC, and the vessels fishing for skate. The Council Category B DAS (§ 648.322(b)); vessels
ACT is specified at 75 percent of the ultimately recommended allowing fishing under the incidental skate
ACL to account for scientific and limited retention of barndoor skate in possession limit for vessels not under a
management uncertainty. After the wing fishery. DAS (§ 648.322(b)); or when fishing in
deducting amounts for projected dead NMFS is proposing to establish the a Northeast multispecies DAS
discards and state landings, the Council’s recommended proportional exemption program area that allows
remaining catch is allocated as the wing possession limit that corresponds to the possession and landing of skate or skate
and bait fisheries TALs. The Advisory barndoor skate contribution (25 percent) parts (as specified in § 648.80(b)(3)(ii))
Panel and Committee recommended of overall skate catch based on observer without a Northeast multispecies or
specification measures to the Council data. To derive the proportional monkfish DAS. Because barndoor
who, in turn, has made barndoor skate limit, the Council possession under these scenarios was
recommendations to NMFS. NMFS is examined data from all observed trips not explicitly proposed, considered, or
proposing the following specifications that landed skate wings from 2012 to analyzed, NMFS is not proposing to
for the skate fisheries in 2018–2019 as 2016. For vessels fishing under a allow vessels operating under the above
recommended by the Council: Northeast multispecies, scallop, or mentioned scenarios to possess
1. An ABC and ACL of 31,327 mt; monkfish DAS, this would result in a barndoor skates. NMFS seeks comments
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2. An ACT at 23,495 mt (75 percent barndoor skate possession limit of 650 and input on the proposal to not allow
of the ACL); lb (295 kg) wings in Season 1 and 1,025 barndoor skate possession and landing
3. A TAL of 8,749 mt for the wing lb (465 kg) wings in Season 2. The by these incidental fisheries that do not
fishery, that is divided into two seasons possession limits for barndoor skate operate under the ‘‘directed’’ fishery
according to the current regulations at wings are included within the overall landing provisions.
§ 648.322. In Season 1 (May 1–August wing possession limit (i.e., total pounds Framework 5 also proposes that the
31), the TAL will be 4,987 mt (57 of skate wings on board, including body of any skate species already
percent), and the remainder of the TAL barndoor skate wings, are not allowed to ‘‘winged’’ may not be discarded in order

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31356 Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Proposed Rules

to land barndoor skates (i.e., no high- are largely targeting yellowtail flounder applicable law, subject to further
grading). NMFS considers that the and Atlantic halibut, and exempting consideration after public comment.
intent of this provision is to prevent these vessels from domestic skate This proposed rule has been
high-grading by prohibiting the regulations would provide them determined to be not significant for
discarding of skate wings, as opposed to additional flexibility to retain and land purposes of Executive Order 12866.
skate bodies, in order to land barndoor skates in the United States. NAFO The Chief Counsel for Regulation of
skate. The current regulations at specifies an annual quota for skates (in the Department of Commerce certified
§ 648.322(b)(4) allow skate bodies to be 2018 the quota is 258 mt), and that to the Chief Counsel for Advocacy of the
discarded at sea. NMFS agrees that high- quota is not allocated to particular Small Business Administration (SBA)
grading is a wasteful practice and countries; access to skates is on a first that this proposed rule, if adopted,
should be discouraged; however, it will come, first served basis. The NAFO- would not have a significant economic
be difficult to determine if a vessel specified incidental possession limit for effect on a substantial number of small
discarded skate wings of one species at skates is 2,500 kg or 10 percent of the entities. The factual basis for this
sea with the intention of landing total catch retained; when the skate determination is as follows.
barndoor skate wings. Therefore, we quota has been reached, the incidental The purpose of this action was
propose prohibiting the discarding of possession limit drops to 1,250 kg or 5 previously outlined in the preamble to
any skate wings when barndoor is in percent of total catch retained. this proposed rule and is not repeated
possession. NMFS expects this measure NMFS is proposing that vessels here. As proposed, the TALs for the
to capture the intent of the no high- fishing under a High Seas Permit within wing fishery and bait fishery would
grading provision within Framework 5 the NAFO Regulatory Area are exempt increase slightly. This action, if
and seeks comments on this measure. from domestic skate permit and implemented, would provide additional
Lastly, NMFS is proposing that possession limit restrictions. However, flexibility and opportunities in the
barndoor skate wings and carcasses on vessels will not be exempt from the fishery by slightly increasing TALs,
board a vessel that is subject to barndoor prohibition on possessing, retaining, or allowing limited landings of barndoor
possession limits must be separated landing prohibited skate species skate under certain specific
from other species of fish and stored so specified in §§ 648.14(v) and 648.322(g). circumstances, and by allowing vessels
as to be readily available for inspection. Barndoor skate is currently a prohibited fishing exclusively within the NAFO
This provision was not part of Skate species but, as described above, NMFS Regulatory Area the opportunity to
Framework 5, but NMFS determined it is proposing through this action to allow retain and land skate in the United
is necessary to aid in the enforcement of a limited amount of barndoor skate States.
barndoor possession limits. This possession within the directed wing The action would impact vessels or
provision is being proposed under the fishery. Therefore, we are proposing that affiliated groups that hold Federal skate
authority of section 305(d) of the U.S. vessels fishing in the NAFO permits and participate in skate
Magnuson-Stevens Act. Similar Regulatory Area be allowed to possess fisheries, and vessels that fish in the
separation provisions exist in other barndoor skate consistent with the NAFO Regulatory Area. The Council’s
fisheries; for example, scallop dredge NAFO-established incidental possession analysis of 2015 data indicates that the
vessels that are permitted to possess a limits, but are not exempt from the skate fishery had 329 affiliated groups
limited amount of haddock must prohibition on possessing, retaining, or with single permits, and another 89
separate the haddock from other species landing other prohibited skate species vessels belonged to affiliated groups that
on board (see § 648.86(a)(2)(iii)). We are (i.e., thorny skate and smooth skates) hold 2 or more permits. Because only
seeking comments on this provision and specified in §§ 648.14(v) and 648.322(g). two vessels participated in the NAFO
input as to whether this provision will Further, the skate catch from the NAFO Regulated Area recently, a quantitative
aid in compliance and enforcement and Regulatory Area would not count analysis cannot be reported for those
if it will be logistically challenging for against domestic skate TALs. To be vessels because of confidentiality
vessels to keep barndoor skate separate eligible for this proposed exemption, requirements. In addition, because
from other species on board. vessels would be required to: Have on possession of barndoor skates has been
board a letter of authorization (LOA) prohibited since 2003, the number of
Northwest Atlantic Fisheries vessels that would land barndoor skate
issued by the Regional Administrator;
Organization Regulatory Area and the amount of landings is unknown
except for transiting purposes, fish
Exemption Program and cannot be quantitatively analyzed.
exclusively in the NAFO Regulated Area
At their September 2017 meeting, the and not harvest fish in, or possess fish It is difficult to quantitatively analyze
Council agreed to add the NAFO harvested from, the exclusive economic the economic impacts of increasing
Regulatory Area exemption program zone (EEZ); ensure all gear is properly TALs, as economic impacts would have
into Framework 5 in response to public stowed and not available for immediate to be compared against 2015 fishing
comment. The Council took final action use when transiting the EEZ; and year data (the last year in which the
to approve the NAFO exemption at their comply with all High Seas Fishing incidental possession limit was not
December 2017 meeting. Framework 5 Compliance Permit and NAFO imposed) when TALs were higher than
proposes to exempt vessels from Conservation and Enforcement 2016 and 2017 levels, and proposed
domestic skate regulations when fishing Measures while fishing in the NAFO 2018 levels. Therefore, a qualitative
exclusively within the NAFO Regulated Area (§ 648.17(b)). analysis is described below.
Regulatory Area, except for the For Regulatory Flexibility Act (RFA)
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prohibition on possessing, retaining, or Classification purposes only, NMFS has established a
landing prohibited species. U.S. vessels Pursuant to section 304(b)(1)(A) of the small business size standard for
fishing in the NAFO Regulatory Area are Magnuson-Stevens Act, the NMFS businesses, including their affiliates,
currently exempt from domestic Assistant Administrator has made a whose primary industry is commercial
Northeast multispecies and monkfish preliminary determination that this fishing (see § 200.2). A business
permit, mesh size, effort-control, and proposed rule is consistent with the primarily engaged in commercial fishing
possession limit restrictions (see FMP, Framework 5, provisions of the (NAICS code 11411) is classified as a
§ 648.17). U.S. vessels in the NAFO area Magnuson-Stevens Act, and other small business if it is independently

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Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Proposed Rules 31357

owned and operated, is not dominant in § 648.14 Prohibitions. §§ 648.53, 648.82, and 648.92,
its field of operation (including its * * * * * respectively, and from mesh size and
affiliates), and has combined annual (v) * * * gear restrictions specified in §§ 648.51,
receipts not in excess of $11.0 million (2) All Federal permit holders. It is 648.80, and 648.91, respectively, while
for all its affiliated operations unlawful for any owner or operator of a transiting the EEZ with skates on board
worldwide. The determination as to vessel holding a valid Federal permit to the vessel, or landing skates in U.S.
whether the entity is large or small is do any of the following: ports that were caught while fishing in
based on a 3-year average of annual (i) Retain, possess, or land thorny the NAFO Regulatory Area. These
revenue. skates taken in or from the EEZ portion vessels may possess, retain, and land
Affiliate data are assembled by NMFS, of the skate management unit specified barndoor skate; however, they may not
as of June 1st each year, for analysis at § 648.2. possess, retain, or land other prohibited
required by the RFA. During fishing (ii) Retain, possess, or land barndoor skate species specified in §§ 648.14(v)
year 2015, 371 regulated entities landed skates taken in or from the EEZ portion and 648.322(g).
skates; 369 entities were small and 2 of the skate management unit when * * * * *
were large. All 371 entities could be fishing under a bait letter of ■ 4. In § 648.80, revise paragraph
directly regulated by this proposed authorization as described in (b)(3)(ii) to read as follows:
action. § 648.322(c); when fishing under a NE
This action, which proposes to multispecies Category B DAS as § 648.80 NE Multispecies regulated mesh
slightly increase TALs relative to the described under § 648.322(b); when areas and restrictions on gear and methods
2017 fishing year, allows landing of of fishing.
fishing under the incidental skate
barndoor skate in the directed skate possession limit for vessels not under a * * * * *
wing fishery, and allows vessels fishing DAS as described in § 648.322(b)(4); or (b) * * *
exclusively within the NAFO when fishing in a NE multispecies DAS (3) * * *
Regulatory Area the opportunity to exemption program that allows the (ii) Possession and net stowage
retain and land skate in the United possession of skate or skate parts in an requirements. Vessels may possess
States, would result in increased amount not to exceed 10 percent by regulated species while in possession of
economic opportunity to regulated weight of all other species on board, as nets with mesh smaller than the
entities by providing fishermen with specified in § 648.80(b)(3)(ii), without a minimum size specified in paragraphs
additional fishing opportunities and NE multispecies or monkfish DAS. (a)(4) and (b)(2) of this section when
enhance their operational flexibility. (iii) Discard any skate wings when in fishing in the SNE Exemption Area
This action is not expected to have a possession of barndoor skate wings. defined in paragraph (b)(10) of this
significant economic impact on a (iv) Retain, possess, or land smooth section, provided that such nets are
substantial number of small entities. skates taken in or from the GOM RMA stowed and are not available for
The effects on the regulated small described at § 648.80(a)(1)(i). immediate use as defined in § 648.2,
entities in this analysis are expected to and provided that regulated species
* * * * *
be positive relative to the no action were not harvested by nets of mesh size
(4) Presumption. For purposes of this
alternative. Under the proposed action, smaller than the minimum mesh size
part, the following presumption applies:
small entities would not be placed at a specified in paragraphs (a)(4) and (b)(2)
All skates retained or possessed on a
competitive disadvantage relative to of this section. Vessels fishing for the
vessel are deemed to have been
large entities, and the regulations would exempted species identified in
harvested in or from the Skate
not reduce profits for any small entities. paragraph (b)(3)(i) of this section may
Management Unit, unless the
As a result, an initial regulatory also possess and retain the following
preponderance of evidence
flexibility analysis is not required and species, with the restrictions noted, as
demonstrates that such skates were
none has been prepared. incidental take to these exempted
harvested by a vessel, that has not been
This rulemaking would not establish fisheries: Conger eels; sea robins; black
issued a Federal skate permit, fishing
any new reporting or record-keeping sea bass; red hake; tautog (blackfish);
exclusively outside of the EEZ portion
requirements. blowfish; cunner; John Dory; mullet;
(such as fishing within the NAFO
List of Subjects in 50 CFR Part 648 Regulatory Area under § 648.17(a)(3)) of bluefish; tilefish; longhorn sculpin;
the skate management unit or only in fourspot flounder; alewife; hickory
Fisheries, Fishing, Recordkeeping and shad; American shad; blueback herring;
reporting requirements. state waters.
sea raven; Atlantic croaker; spot;
Dated: June 28, 2018. * * * * *
swordfish; monkfish and monkfish
■ 3. In § 648.17, add paragraph (a)(3) to
Samuel D. Rauch, III, parts—up to 10 percent, by weight, of
read as follows:
Deputy Assistant Administrator for all other species on board or up to 50
Regulatory Programs, National Marine § 648.17 Exemptions for vessels fishing in lb (23 kg) tail-weight/166 lb (75 kg)
Fisheries Service. the NAFO Regulatory Area. whole weight of monkfish per trip, as
For the reasons set out in the (a) * * * specified in § 648.94(c)(4), whichever is
preamble, 50 CFR part 648 is proposed (3) Skates. A vessel issued a valid less; American lobster—up to 10
to be amended as follows: High Seas Fishing Compliance Permit percent, by weight, of all other species
under part 300 of this title and that on board or 200 lobsters, whichever is
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PART 648—FISHERIES OF THE complies with the requirements less; and skate and skate parts (except
NORTHEASTERN UNITED STATES specified in paragraph (b) of this section for barndoor skate and other prohibited
is exempt from skate permit and skate species (see §§ 648.14(v)(2) and
■ 1. The authority citation for part 648 648.322(g))—up to 10 percent, by
possession limit restrictions, specified
continues to read as follows: weight, of all other species on board.
in §§ 648.4, and 648.322, respectively,
Authority: 16 U.S.C. 1801 et seq. and from Atlantic sea scallop, NE * * * * *
■ 2. In § 648.14, revise paragraphs (v)(2) multispecies, or monkfish DAS effort ■ 5. In § 648.322, revise paragraphs (b)
and (v)(4) to read as follows: control restrictions specified in and (g) to read as follows:

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31358 Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Proposed Rules

§ 648.322 Skate allocation, possession, skate wings (1,135 lb (515 kg) whole (5) Allowable forms of skate landings.
and landing provisions. weight) or any prorated combination of Except for vessels fishing under a skate
* * * * * the allowable landing forms defined at bait letter of authorization as specified
(b) Skate wing possession and landing paragraph (b)(5) of this section) for the at § 648.322(c), a vessel may possess
limits. (1) Vessels fishing under an remainder of the applicable quota and/or land skates as wings only (wings
Atlantic sea scallop, NE multispecies, or season. When the incidental possession removed from the body of the skate and
monkfish DAS. (i) A vessel or operator limit is implemented, a vessel is the remaining carcass discarded), wings
of a vessel that has been issued a valid allowed to possess and land up to 125 with associated carcasses possessed
Federal skate permit under this part, lb (57 kg) of barndoor skate wings (284 separately (wings removed from the
and fishes under an Atlantic sea scallop, lb (129 kg) whole weight) per trip. The body of the skate but the associated
NE multispecies, or monkfish DAS as possession limits for barndoor skate carcass retained on board the vessel), or
specified at §§ 648.53, 648.82, and wings are included within the overall in whole (intact) form, or any
648.92, respectively, unless otherwise possession limit (i.e., total pounds of combination of the three, provided that
exempted under § 648.80 or paragraph skate wings on board, including the weight of the skate carcasses on
(c) of this section, may fish for, possess, barndoor skate wings, are not allowed to board the vessel does not exceed 1.27
and/or land up to the allowable trip exceed 500 lb). Vessels are prohibited times the weight of skate wings on
limits specified as follows: Up to 2,600 from discarding any skate wings when board. When any combination of skate
lb (1,179 kg) of skate wings (5,902 lb in possession of barndoor skate wings. wings, carcasses, and whole skates are
(2,677 kg) whole weight) per trip in Barndoor skate wings and carcasses on possessed and/or landed, the applicable
Season 1 (May 1 through August 31), board a vessel subject to this possession possession or landing limit shall be
and 4,100 lb (1,860 kg) of skate wings limit must be separated from other based on the whole weight limit, in
(9,307 lb (4,222 kg) whole weight) per species of fish and stored so as to be which any wings are converted to whole
trip in Season 2 (September 1 through readily available for inspection. The in- weight using the wing to whole weight
April 30), or any prorated combination season adjustment of skate wing conversion factor of 2.27. For example,
of the allowable landing forms defined possession limits will be implemented
at paragraph (b)(5) of this section. if the vessel possesses 100 lb (45.4 kg)
under the following circumstances: of skate wings, the whole weight
(ii) When fishing under the
(i) When 85 percent of the Season 1 equivalent would be 227 lb (103.0 kg) of
possession limits specified in paragraph
(b)(1)(i) of this section, a vessel is
skate wing quota is projected to be whole skates (100 lb (45.4 kg) × 2.27),
landed between May 1 and August 17, and the vessel could possess up to 127
allowed to possess and land up to 650
the Regional Administrator shall reduce lb (57.6 kg) of skate carcasses (100 lb
lb (295 kg) of barndoor skate wings
(1,476 lb (670 kg) whole weight) per trip
the skate wing possession limit to the (45.4 kg) of skate wings × 1.27). A vessel
incidental level described in paragraph may not possess and/or land skate
in Season 1, and 1,025 lb (465 kg) of
(b)(3) of this section. carcasses and only whole skates.
barndoor skate wings (2,327 lb (1,056
kg) whole weight) per trip in Season 2. (ii) When 85 percent of the Season 1 * * * * *
The possession limits for barndoor skate skate wing quota is projected to be
landed between August 18 and August (g) Prohibitions on possession of
wings are included within the overall skates. A vessel fishing in the EEZ
possession limit (i.e., total pounds of 31, the Regional Administrator may
reduce the skate wing possession limit portion of the Skate Management Unit
skate wings on board, including may not:
barndoor skate wings, are not allowed to to the incidental level described in
exceed 2,600 lb in Season 1 and 4,100 paragraph (b)(3) of this section. (1) Retain, possess, or land thorny
lb in Season 2). Vessels are prohibited (iii) When 85 percent of the annual skates taken in or from the EEZ portion
from discarding any skate wings when skate wing fishery TAL is projected to of the Skate Management Unit.
in possession of barndoor skate wings. be landed in Season 2, the Regional (2) Retain, possess, or land barndoor
Barndoor skate wings and carcasses on Administrator may reduce the skate skates taken in or from the EEZ portion
board a vessel subject to this possession wing possession limit to the incidental of the skate management unit when
limit must be separated from other level described in this paragraph, unless fishing under a bait letter of
species of fish and stored so as to be such a reduction would be expected to authorization as described in
readily available for inspection. prevent attainment of the annual TAL. § 648.322(c); when fishing under a NE
(2) NE multispecies Category B DAS. (4) Incidental possession limit for multispecies Category B DAS as
A vessel fishing on a declared NE vessels not under a DAS. A vessel described under § 648.322(b); when
multispecies Category B DAS described issued a Federal skate permit that is not fishing under the incidental skate
under § 648.85(b), is limited to no more fishing under an Atlantic sea scallop, possession limit for vessels not under a
than 220 lb (100 kg) of skate wings (500 NE multispecies, or monkfish DAS as DAS as described in § 648.322(b)(4); or
lb (227 kg) whole weight) per trip, or specified at §§ 648.53, 648.82, and when fishing in a NE multispecies DAS
any prorated combination of the 648.92, respectively, or is a limited exemption program that allows the
allowable landing forms defined at access multispecies vessel participating possession of skate or skate parts in an
paragraph (b)(5) of this section. These in an approved sector described under amount not to exceed 10 percent by
vessels may not possess or land § 648.87 but not fishing on one of the weight of all other species on board, as
barndoor skate, or any other prohibited DAS specified at §§ 648.53, 648.82, or specified in § 648.80(b)(3)(ii), without a
skate species (see §§ 648.14(v)(2) and 648.92, may retain up to 500 lb (227 kg) NE multispecies or monkfish DAS.
amozie on DSK3GDR082PROD with PROPOSALS1

648.322(g)). of skate wings or 1,135 lb (515 kg) of
(3) In-season adjustment of skate wing whole skate, or any prorated (3) Discard any skate wings when in
possession limits. The Regional combination of the allowable landing possession of barndoor skate wings.
Administrator has the authority, forms defined at paragraph (b)(5) of this (4) Retain, possess, or land smooth
through a notice in the Federal Register section. These vessels may not possess skates taken in or from the GOM RMA
consistent with the Administrative or land barndoor skate, or any other described at § 648.80(a)(1)(i).
Procedure Act, to reduce the skate wing prohibited skate species (see [FR Doc. 2018–14348 Filed 7–3–18; 8:45 am]
possession limit to 500 lb (227 kg) of §§ 648.14(v)(2) and 648.322(g)). BILLING CODE 3510–22–P

VerDate Sep<11>2014 16:03 Jul 03, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4702 Sfmt 9990 E:\FR\FM\05JYP1.SGM 05JYP1
Document Created: 2018-07-03 23:40:40
Document Modified: 2018-07-03 23:40:40
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		Proposed Rules
Action		Proposed rule; request for comments.
Dates		Public comments must be received by August 6, 2018.
Contact		Debra Lambert, Fishery Policy Analyst, (301) 427-8560.
FR Citation		83 FR 31354
RIN Number		0648-BH57
CFR Associated		Fisheries; Fishing and Recordkeeping and Reporting Requirements
83 FR 31354 - Fisheries of the Northeastern United States; Northeast Skate Complex; Framework Adjustment 5 and 2018-2019 Specifications

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 129 (July 5, 2018)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
