Proposed Rule2024-11129
Fisheries of the Northeastern United States; Northeast Skate Complex; Framework Adjustment 12
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Published
May 23, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes to implement measures recommended by the New England Fishery Management Council in Framework Adjustment 12 to the Northeast Skate Complex Fishery Management Plan. This action would specify skate catch limits for fishing years 2024 and 2025, increase seasonal trip limits for the wing fishery, and remove species-specific restrictions for barndoor and smooth skate. This proposed action is necessary to establish skate specifications consistent with the most recent scientific information. The intent of this action is to establish appropriate catch limits for the skate fishery, while providing additional operational flexibility to fishery participants.
Full Text
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<title>Federal Register, Volume 89 Issue 101 (Thursday, May 23, 2024)</title>
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[Federal Register Volume 89, Number 101 (Thursday, May 23, 2024)]
[Proposed Rules]
[Pages 45621-45623]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11129]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 240510-0135]
RIN 0648-BM96
Fisheries of the Northeastern United States; Northeast Skate
Complex; Framework Adjustment 12
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes to implement measures recommended by the New
England Fishery Management Council in Framework Adjustment 12 to the
Northeast Skate Complex Fishery Management Plan. This action would
specify skate catch limits for fishing years 2024 and 2025, increase
seasonal trip limits for the wing fishery, and remove species-specific
restrictions for barndoor and smooth skate. This proposed action is
necessary to establish skate specifications consistent with the most
recent scientific information. The intent of this action is to
establish appropriate catch limits for the skate fishery, while
providing additional operational flexibility to fishery participants.
DATES: Comments must be received by June 24, 2024.
ADDRESSES: The New England Fishery Management Council (Council) has
prepared a draft environmental assessment (EA) for this action that
describes the proposed measures in Framework 12 and other considered
alternatives and analyzes the impacts of the proposed measures and
alternatives. The Council submitted a draft of Framework 12 to NMFS
that includes the draft EA, a description of the Council's preferred
alternatives, the Council's rationale for selecting each alternative,
and an Initial Regulatory Flexibility Analysis (IRFA). Copies of the
draft of Framework 12, the draft EA, the IRFA, and information on the
economic impacts of this proposed rulemaking are available upon request
from Dr. Cate O'Keefe, Executive Director, New England Fishery
Management Council, 50 Water Street, Newburyport, MA 01950 and
accessible via the internet in documents available at: <a href="https://www.nefmc.org/library/skate-framework-12">https://www.nefmc.org/library/skate-framework-12</a>.
You may submit comments on this document, identified by NOAA-NMFS-
2024-0056, by either of the following methods:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and
enter NOAA-NMFS-2024-0056 in the Search box (note: copying and pasting
the FDMS Docket Number directly from this document may not yield search
results). Click on the ``Comment'' icon, complete the required fields,
and enter or attach your comments.
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
<a href="https://www.regulations.gov">https://www.regulations.gov</a> 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).
FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Policy
Analyst, (978) 282-8456.
SUPPLEMENTARY INFORMATION:
Background
The New England Fishery Management Council manages a complex of
seven skate species (barndoor, clearnose, little, rosette, smooth,
thorny, and winter) off the New England and mid-Atlantic coasts through
the Northeast Skate Complex Fishery Management Plan (FMP). Skates are
harvested and managed through two different targeted fisheries, one for
food (the wing fishery) and one for use as bait in other fisheries (the
bait fishery). The FMP requires that annual catch and possession limits
for the skate fishery be reviewed and established through the
specifications process for up to two fishing years at a time. The
current specifications (revised March 17, 2022; 87 FR 15146) expired on
April 30, 2024, but through a rollover provision in the regulations
will remain effective until the final rule for this action is
implemented.
In the fall of 2023, the Northeast Skate Complex FMP underwent a
level-3 management track assessment that re-estimated commercial
fishery catch data, updated survey biomass indices, added recreational
catch to total catch, and updated reference points. The assessment also
included projections of total fishery catch of skates for 2024 and
2025. The Council took final action on this framework at the December
2023 meeting in Newport, RI.
Proposed Measures
Framework 12 would set management measures and specifications for
the skate fishery for the 2024-2025 fishing years. The measures
proposed in this action would decrease the annual catch limit to 32,155
mt (from 37,236 mt in 2023) and the overall total allowable landings to
15,178 mt (from 21,142 mt in 2023). A comparison of the current 2023
and the proposed 2024-2025 specifications is summarized below in table
1. Specifications for fishing year 2025 are projected to be the same as
those proposed for 2024. The proposed specifications would result in a
26-percent decrease in both the bait and wing fisheries' total
allowable landings. Although a decrease, the proposed quotas remain
higher than landings in the bait and wing fisheries for at least the
last three years; therefore, we do not expect the proposed quotas to be
restrictive to the fishery or to result in reductions in overall
revenue. The Council will review the projected 2025 specifications to
determine if any changes need to be made prior to the 2025 fishing
year. We will publish a notice prior to the 2025 fishing year to
confirm these limits as projected or publish a proposed rule for any
necessary changes.
[[Page 45622]]
Table 1--Comparison of Current 2023 and Proposed 2024-2025 Skate Fishery
Specifications, in Metric Tons
------------------------------------------------------------------------
2023 2024-25 Percent
(current) (proposed) change
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ABC/ACL.......................... 37,236 32,155 -14
ACT (90% of ACL)................. 33,513 28,940 -14
Overall Fishery TAL.............. 21,142 15,718 -26
Wing TAL (66.5% of Overall TAL).. 14,059 10,453 -26
Wing Season 1 TAL (57% of Wing 8,014 5,958 -26
TAL)............................
Wing Season 2 TAL................ 6,045 4,495 -26
Bait TAL (33.5% of Overall TAL).. 7,082 5,266 -26
Bait Season 1 TAL (30.8% of Bait 2,181 1,622 -26
TAL)............................
Bait Season 2 TAL (37.1% of Bait 2,627 1,954 -26
TAL)............................
Bait Season 3 TAL................ 2,274 1,690 -26
------------------------------------------------------------------------
This proposed action would also increase the seasonal skate wing
possession limits when fishing on a day-at-sea (DAS) by 1,000 lb (453.6
kg) per trip. The wing fishery trip limit in Season 1 (May 1-August 31)
would increase from 3,000 lb to 4,000 lb (1,360.8 kg to 1,814.4 kg),
and the Season 2 (September 1-April 30) wing fishery trip limit would
increase from 5,000 lb to 6,000 lb (2,268 kg to 2,721.6 kg). This
action also proposes to increase incidental skate wing possession
limits by 25 percent. For trips fishing on a Northeast multispecies B-
DAS, the possession limit would increase from 220 lb to 275 lb (99.8 kg
to 124.7 kg), and for trips not fishing on a DAS, the possession limit
would increase from 500 lb to 625 lb (226.8 kg to 283.5 kg). The intent
behind increased possession limits is to reduce operational discards in
the fishery and provide better economic flexibility and opportunity to
vessels. Even with the reduction in annual quota, this trip limit
increase is not expected to result in overages or increased effort
because of the Regional Administrator's authority to reduce the
possession limits to an incidental catch limit when 85 percent of the
quota is projected to be landed.
In addition, this action proposes full re-integration of both
barndoor and smooth skates into the skate complex by removing
possession restrictions for either species. Both barndoor and smooth
skates have been considered rebuilt for at least the last five years.
Accordingly, the need to manage barndoor and smooth skates as
individual stocks is no longer warranted. These two species will be
managed as components of the skate complex, as initially intended when
the FMP was developed.
Currently, vessels are prohibited from retaining smooth skates in
the Gulf of Maine Regulated Mesh Area and are prohibited from retaining
barndoor skates in certain circumstances. This action proposes to
remove the limit specific to barndoor skate within the overall skate
possession limits (i.e., the 25-percent partial possession limit for
trips landing skate wings on a DAS), and possession would be allowed on
all trips in the skate fishery. This action also proposes to remove the
smooth skate possession restriction on all trips landing skate in both
the wing and bait skate fisheries.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), the NMFS
Assistant Administrator has determined that this proposed rule is
consistent with the Northeast Skate Complex FMP, other provisions of
the Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
The Council reviewed the proposed regulations for this action and
deemed them necessary and appropriate to implement consistent with
section 303(c) of the Magnuson-Stevens Act.
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 that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The factual basis for this determination is as follows.
The Council conducted an evaluation of the potential socioeconomic
impacts of the proposed measures. The action would impact vessels or
affiliated groups that hold Federal skate permits and participate in
skate fisheries. The Council's analysis of fishing year 2022 data, the
most recent complete set of data available, and the commercial
ownership affiliate database indicated that the skate fishery had 244
vessels with Federal permits that landed skates in 2022. Those 244
vessels were owned by a total of 149 business entities that could be
directly affected by this action. Of the 149 affiliate groups that
landed skate, one entity was classified as a for-hire business, rather
than a commercial business. In addition, one entity was classified as
`large' (rather than `small') per SBA guidelines of having over $11
million in annual fishing revenues in 2022. All 149 entities could be
directly affected by this proposed action.
The purpose of this action was previously outlined in the preamble
to this proposed rule and is not repeated here. As proposed, this
action would decrease the available catch limits in both the bait and
wing skate fisheries for fishing years 2024-2025 and increase seasonal
possession limits for the wing fishery. Although the proposed quotas
would decrease from previous years, they remain higher than landings in
both the wing and bait fisheries for at least the last four years;
therefore, the reduction is not expected to be restrictive to the
fishery or result in reductions in revenue. This action is expected to
result in slightly increased revenues and economic benefits on a per
trip basis with the removal of species-specific restrictions for
barndoor and smooth skates, higher possession limits in the wing
fishery, and the conversion of operational discards to landings, while
providing additional flexibility and fishing opportunity. 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. 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.
[[Page 45623]]
This action would not establish any new reporting or record-keeping
requirements.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: May 10, 2024.
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 paragraph (v)(2) 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) [Reserved]
* * * * *
0
3. In Sec. 648.322, revise paragraphs (b)(1) through (4), and
paragraph (g), to read as follows:
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 4,000 lb (1,814 kg) of skate wings (9,080lb (4,119 kg)
whole weight) per trip in Season 1 (May 1 through August 31), and 6,000
lb (2,722 kg) of skate wings (13,620 lb (6,178kg) 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) [Reserved]
(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 275 lb (125 kg) of skate wings (624 lb (283 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 any prohibited skate species (see Sec.
648.14(v)(2) and paragraph (g) of this section).
(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. 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 paragraph (b)(3) of this section, 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. 648.53, Sec. 648.82, or Sec. 648.92, may retain up
to 625 lb (283 kg) of skate wings or 1419 lb (644 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
any prohibited skate species (see Sec. 648.14(v)(2) and paragraph (g)
of this section).
* * * * *
(g) Prohibitions on possession of skates. A vessel fishing in the
EEZ portion of the Skate Management Unit may not retain, possess, or
land thorny skates taken in or from the EEZ portion of the Skate
Management Unit.
[FR Doc. 2024-11129 Filed 5-22-24; 8:45 am]
BILLING CODE 3510-22-P
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