83 FR 6133 - Fisheries of the Northeastern United States; Northeast Skate Complex; Framework Adjustment 4

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 30 (February 13, 2018)

Page Range		6133-6135
FR Document		2018-02967

The final rule approves regulations to implement the Northeast Skate Complex Fishery Management Plan Framework Adjustment 4 management measures. This rule implements several measures to reduce the risk of the skate bait fishery from effectively closing down as it did in fishing year 2016. This action will reduce the skate bait season 3 possession limit and establish a separate skate bait incidental possession limit. This action is needed to better control the catch of skate bait and provide a more consistent supply of skate bait to the lobster fishery.

Federal Register, Volume 83 Issue 30 (Tuesday, February 13, 2018)

[Federal Register Volume 83, Number 30 (Tuesday, February 13, 2018)]
[Rules and Regulations]
[Pages 6133-6135]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-02967]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 170710645-8098-02]
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: Final rule.

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SUMMARY: The final rule approves regulations to implement the Northeast
Skate Complex Fishery Management Plan Framework Adjustment 4 management
measures. This rule implements several measures to reduce the risk of
the skate bait fishery from effectively closing down as it did in
fishing year 2016. This action will reduce the skate bait season 3
possession limit and establish a separate skate bait incidental
possession limit. This action is needed to better control the catch of
skate bait and provide a more consistent supply of skate bait to the
lobster fishery.

DATES: Effective March 15, 2018.

ADDRESSES: 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 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.nefmc.org
or https://www.regulations.gov/docket?D=NOAA-NMFS-2017-0099.

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). 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.
The bait and wing fisheries have different seasonal quotas and
possession limits. Generally, the bait fishery operates under an
exemption from the wing fishery possession limits; however, the
inseason adjustments to possession limits have been linked between the
two fisheries. The bait fishery is managed under a 3-season fishing
year: Season 1 is May 1-July 31; Season 2 is August 1-October 31; and,
Season 3 is November 1-April 30. Previously, when the bait fishery
reached 90 percent of a season's TAL, or 90 percent of the annual bait
TAL, the bait fishery possession limit reverted to the substantially
lower wing possession limit. The linked inseason adjustment for these
fisheries became problematic in fishing year 2016, as the possession
limit in the skate bait fishery was reduced twice, effectively closing
the bait fishery. Further background can be found in the proposed rule
for Framework Adjustment 4 to the FMP, which published on October 20,
2017 (82 FR 48781). Additional information on previous and current
skate management measures can be reviewed through the Council's website
at http://www.nefmc.org/management-plans/skates.
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. As mentioned above, on October 20,
2017, NMFS published a proposed rule (82 FR 48781) identifying the
measures in Framework 4. Comments on the proposed rule were accepted
through November 6, 2017.

Approved Measures

NMFS is approving the regulatory changes for the skate bait fishery
as recommended by the Council in Framework 4 and detailed in our
proposed rule. The approved measures are:

[[Page 6134]]

1. Reduce the Season 3 Bait Skate Possession Limit

The Season 3 (November 1 through April 30) possession limit is
reduced 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

The trigger for implementing an inseason adjustment to possession
limits in Season 3 is reduced from 90 to 80 percent of the TAL (i.e.,
when 80 percent of the TAL has been reached). The trigger for
implementing an inseason adjustment to possession limits in Season 1
and 2 will remain at 90 percent of the seasonal TAL.

3. Establish a Separate Bait Skate Incidental Possession Limit

This action de-couples the inseason adjustments for the skate wing
and bait fisheries. Once the trigger for implementing an inseason
adjustment to possession limits in the skate bait fishery has been
reached, the incidental possession limit will be 8,000 lb (3,629 kg)
for the remainder of the season.

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

The bait fishery will be closed when 100 percent of the bait TAL is
projected to be harvested. This measure will 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 also clarifies that if NMFS determines that an in-
season possession limit reduction (putting in place the incidental
possession limit) 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.

Comments and Responses

We received four public comments on the proposed rule, two of which
were not responsive to the action.
Comment 1: Two commenters, the Atlantic Offshore Lobstermen's
Association and the Cape Cod Commercial Fishermen's Alliance, support
de-coupling the skate wing and bait inseason possession limit
adjustments and support the measures in the proposed rule.
Response: We are approving Framework 4 and the accompanying
measures because they allow the fishery to more effectively harvest its
optimum yield. The Framework 4 measures are expected to better ensure
that the skate bait fishery remains open throughout Season 3. If it
becomes necessary to implement an incidental possession limit for the
skate bait fishery, those measures will function independently of the
skate wing fishery, and would allow fishing to continue at a lower
level.

Changes From the Proposed Rule

Only two minor revisions were made to the regulatory text that was
specified in the proposed rule. Section 648.322(c)(4) was revised to
reduce redundancy by deleting the following phrase from the end of the
sentence: ``or whole skates greater than 23 inches (58.42 cm) total
length.'' Section 648.322(f) was revised for clarity by adding the
phrase ``possession limit'' towards the end of the sentence.

Classification

The Administrator, Greater Atlantic Region, NMFS, determined that
Framework 4 to the FMP is necessary for the conservation and management
of the northeast skate complex and that it is consistent with the
Magnuson-Stevens Fishery Conservation and Management Act and other
applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
Pursuant to section 604 of the Regulatory Flexibility Act (RFA),
NMFS has prepared a Final Regulatory Flexibility Analysis (FRFA) in
support of this action. The FRFA incorporates the Initial Regulatory
Flexibility Analysis (IRFA), a summary of the significant issues raised
by the public comments in response to the IRFA, and NMFS' responses to
those comments, and a summary of the analyses completed to support the
action. A copy of this analysis and the EA are available from the
Council (see ADDRESSES). A description of why this action was
considered, and the objectives of this rule, is contained in the
preamble to the proposed rule and this final rule and is not repeated
here.

A Summary of the Significant Issues Raised by the Public in Response to
the IRFA, a Summary of the Agency's Assessment of Such Issues, and a
Statement of Any Changes Made in the Final Rule as a Result of Such
Comments

We received four public comments on the proposed rule, two of which
were not responsive to the action. For a summary of the comments, and
NMFS' response, see the Comments and Responses section above. The
comments did not raise any issues or concerns related to the IRFA or
the economic impacts of the rule more generally. In addition, no
comments were filed by the Chief Counsel for Advocacy of the Small
Business Administration in response to the proposed rule. No changes
were made to the rule as a result of comments.

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

This rule will affect 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 affiliated groups consist of a single permit-
holder, or 71 vessels in fishing year 2015, the most recent year for
which complete information was available during the Council's impact
analyses. 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

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

[[Page 6135]]

Description of the Steps the Agency Has Taken To Minimize the
Significant Economic Impact on Small Entities Consistent With the
Stated Objectives of Applicable Statues

The Council considered revising the skate bait trigger for
implementing an inseason adjustment, 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 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 and
bait shortages to the lobster fishery--both issues the Council sought
to avoid by the Framework 4 action.

Small Entity Compliance Guide

Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a letter to permit holders that also serves as
a small entity compliance guide was prepared. Copies of this final rule
are available from the Greater Atlantic Regional Fisheries Office
(GARFO), and the compliance guide, i.e., permit holder letter, will be
sent to all holders of permits for the skate fishery. The guide and
this final rule will be posted or publically available on the GARFO
website.

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Recordkeeping and reporting requirements.

Dated: February 8, 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 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.
(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)
of this section 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).
(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 possession limit
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. 2018-02967 Filed 2-12-18; 8:45 am]
BILLING CODE 3510-22-P

6134 Federal Register / Vol. 83, No. 30 / Tuesday, February 13, 2018 / Rules and Regulations

1. Reduce the Season 3 Bait Skate to more effectively harvest its optimum response, see the Comments and
Possession Limit yield. The Framework 4 measures are Responses section above. The comments
The Season 3 (November 1 through expected to better ensure that the skate did not raise any issues or concerns
April 30) possession limit is reduced bait fishery remains open throughout related to the IRFA or the economic
from 25,000 lb (11,340 kg) to 12,000 lb Season 3. If it becomes necessary to impacts of the rule more generally. In
(5,443 kg). Because Season 3 is the implement an incidental possession addition, no comments were filed by the
longest season in the bait fishery (6 limit for the skate bait fishery, those Chief Counsel for Advocacy of the Small
months), reducing the trip limit should measures will function independently Business Administration in response to
slow the catch rate and lessen the of the skate wing fishery, and would the proposed rule. No changes were
chance of closing the fishery. allow fishing to continue at a lower made to the rule as a result of
level. comments.
2. Reduce the Season 3 Bait Skate TAL
Threshold Trigger Changes From the Proposed Rule
Description and Estimate of the Number
The trigger for implementing an Only two minor revisions were made of Small Entities to Which the Rule
inseason adjustment to possession to the regulatory text that was specified Would Apply
limits in Season 3 is reduced from 90 to in the proposed rule. Section
80 percent of the TAL (i.e., when 80 648.322(c)(4) was revised to reduce This rule will affect vessels that hold
percent of the TAL has been reached). redundancy by deleting the following Federal open access commercial skate
The trigger for implementing an phrase from the end of the sentence: ‘‘or permits that participate in the skate
inseason adjustment to possession whole skates greater than 23 inches fishery or affiliated groups that hold
limits in Season 1 and 2 will remain at (58.42 cm) total length.’’ Section multiple open access commercial skate
90 percent of the seasonal TAL. 648.322(f) was revised for clarity by permits that participate in the skate
adding the phrase ‘‘possession limit’’ fishery. Within the skate bait fishery,
3. Establish a Separate Bait Skate towards the end of the sentence. the majority of affiliated groups consist
Incidental Possession Limit
Classification of a single permit-holder, or 71 vessels
This action de-couples the inseason in fishing year 2015, the most recent
adjustments for the skate wing and bait The Administrator, Greater Atlantic
Region, NMFS, determined that year for which complete information
fisheries. Once the trigger for was available during the Council’s
implementing an inseason adjustment to Framework 4 to the FMP is necessary
for the conservation and management of impact analyses. Four vessels belong to
possession limits in the skate bait affiliated groups that hold two or more
fishery has been reached, the incidental the northeast skate complex and that it
is consistent with the Magnuson- permits.
possession limit will be 8,000 lb (3,629
kg) for the remainder of the season. Stevens Fishery Conservation and For RFA purposes only, NMFS has
Management Act and other applicable established a small business size
4. Implement a Bait Skate Fishery law. standard for businesses, including their
Closure When the TAL Is Harvested This final rule has been determined to affiliates, whose primary industry is
The bait fishery will be closed when be not significant for purposes of commercial fishing (see 50 CFR 200.2).
100 percent of the bait TAL is projected Executive Order 12866. A business primarily engaged in
to be harvested. This measure will better Pursuant to section 604 of the
commercial fishing (NAICS code 11411)
ensure that the skate bait fishery does Regulatory Flexibility Act (RFA), NMFS
has prepared a Final Regulatory is classified as a small business if it is
not exceed its TAL. independently owned and operated, is
Flexibility Analysis (FRFA) in support
5. Removal of Incidental Possession of this action. The FRFA incorporates not dominant in its field of operation
Limit if Necessary To Achieve TAL the Initial Regulatory Flexibility (including its affiliates), and has
This action also clarifies that if NMFS Analysis (IRFA), a summary of the combined annual receipts not in excess
determines that an in-season possession significant issues raised by the public of $11 million for all its affiliated
limit reduction (putting in place the comments in response to the IRFA, and operations worldwide. The Council’s
incidental possession limit) could NMFS’ responses to those comments, analysis indicates the maximum number
prohibit the skate bait fishery from and a summary of the analyses of small fishing entities that may be
achieving its annual TAL, NMFS may completed to support the action. A copy affected by this action is 69 (71 vessels),
remove the in-season reduction and of this analysis and the EA are available based on 2015 data. During fishing year
reinstate the standard seasonal from the Council (see ADDRESSES). A 2015, only 69 affiliated groups landed
possession limit. description of why this action was any amount of skate for bait. At the
considered, and the objectives of this permit level, every skate landing permit
Comments and Responses rule, is contained in the preamble to the is defined as a small business according
We received four public comments on proposed rule and this final rule and is to size standards (the top five vessels
the proposed rule, two of which were not repeated here. have total revenues between 600
not responsive to the action. thousand and 1.9 million dollars in
Comment 1: Two commenters, the A Summary of the Significant Issues
Raised by the Public in Response to the 2015).
Atlantic Offshore Lobstermen’s
Association and the Cape Cod IRFA, a Summary of the Agency’s Description of the Projected Reporting,
Commercial Fishermen’s Alliance, Assessment of Such Issues, and a Recordkeeping, and Other Compliance
sradovich on DSK3GMQ082PROD with RULES

support de-coupling the skate wing and Statement of Any Changes Made in the
Requirements
bait inseason possession limit Final Rule as a Result of Such
adjustments and support the measures Comments This action does not introduce any
in the proposed rule. We received four public comments on new reporting, recordkeeping, or other
Response: We are approving the proposed rule, two of which were compliance requirements.
Framework 4 and the accompanying not responsive to the action. For a
measures because they allow the fishery summary of the comments, and NMFS’

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Document Created: 2018-02-13 02:32:12
Document Modified: 2018-02-13 02:32:12

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		Effective March 15, 2018.
Contact		Debra Lambert, Fishery Policy Analyst, (301) 427-8560.
FR Citation		83 FR 6133
RIN Number		0648-BH03
CFR Associated		Fisheries; Fishing and Recordkeeping and Reporting Requirements

83 FR 6133 - Fisheries of the Northeastern United States; Northeast Skate Complex; Framework Adjustment 4

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 30 (February 13, 2018)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration