Rule2025-06713

Fisheries of the Northeastern United States; Northeast Skate Complex; 2025 Specifications

Primary source

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Published
April 18, 2025
Effective
May 1, 2025

Issuing agencies

Commerce DepartmentNational Oceanic and Atmospheric Administration

Abstract

NMFS is finalizing specifications for the 2025 Northeast skate fishery. This action is necessary to implement previously projected 2025 allowable harvest levels for the skate fishery that prevent overfishing while enabling optimum yield.

Full Text

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<title>Federal Register, Volume 90 Issue 74 (Friday, April 18, 2025)</title>
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[Federal Register Volume 90, Number 74 (Friday, April 18, 2025)]
[Rules and Regulations]
[Pages 16467-16468]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06713]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 250414-0067; RTID 0648-XE684]


Fisheries of the Northeastern United States; Northeast Skate 
Complex; 2025 Specifications

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

ACTION: Final rule.

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SUMMARY: NMFS is finalizing specifications for the 2025 Northeast skate 
fishery. This action is necessary to implement previously projected 
2025 allowable harvest levels for the skate fishery that prevent 
overfishing while enabling optimum yield.

DATES: Effective May 1, 2025.

FOR FURTHER INFORMATION CONTACT: Caroline Potter, Fishery Resource 
Management Specialist, (978) 281-9325.

SUPPLEMENTARY INFORMATION: The Council manages a complex of seven skate 
species (i.e., 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: (1) 
food (i.e., the wing fishery); and (2) bait in other fisheries (i.e., 
the bait fishery). The Northeast Skate Complex FMP requires that annual 
catch and possession limits for the skate fishery be reviewed annually 
and specified through the specifications process for up to two fishing 
years at a time, with the second year subject to review and change 
during the specifications process. Framework Adjustment 12 to the 
Northeast Skate Complex FMP (Framework 12) (89 FR 58076, July 17, 2024) 
set management measures and specifications for the skate fishery for 
the 2024 fishing year and projected specifications for the 2025 fishing 
year. Two comments were received on the proposed rule for Framework 12 
(89 FR 45621, May 23, 2024). The comments were addressed in the final 
rule (89 FR 58076, July 17, 2024), in which we stated that no changes 
to the proposed rule's specifications were necessary as a result of the 
comments. Subsequent to publication of the final rule, the Council 
considered the 2025 projected specifications, the 2024 Skate Annual 
Monitoring Report, and other skate fishery status and performance 
information, at its meeting on September 24, 2024. The Council did not 
recommend any changes to the 2025 projected specifications. This action 
implements the projected skate specifications for the 2025 fishing 
year.
    Table 1 summarizes the 2024 and 2025 specifications. No changes 
have been made from what was projected in the final rule for Framework 
12 (89 FR 58076, July 17, 2024).

   Table 1--2024 and 2025 Skate Fishery Specifications, in Metric Tons
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Acceptable Biological Catch and Annual Catch Limit (ACL)...       32,155
Annual Catch Target (90% of ACL)...........................       28,940
Overall Fishery Total Allowable Landings (TAL).............       15,718
Wing TAL (66.5% of Overall TAL)............................       10,453
Wing Season 1 TAL (57% of Wing TAL)........................        5,958
Wing Season 2 TAL (43% of Wing TAL)........................        4,495
Bait TAL (33.5% of Overall TAL)............................        5,266
Bait Season 1 TAL (30.8% of Bait TAL)......................        1,622
Bait Season 2 TAL (37.1% of Bait TAL)......................        1,954
Bait Season 3 TAL (32.1% of Bait TAL)......................        1,690
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Classification

    NMFS is issuing this rule pursuant to 305(d) of the Magnuson-
Stevens Fishery Conservation and Management Act, which authorizes the 
Secretary to implement management measures necessary to carry out an 
approved fishery management plan. Skate specifications are implemented 
pursuant to the regulations at 50 CFR 648.320(a)(7). The NMFS Assistant 
Administrator has determined that this final rule is consistent with 
the Northeast Skate Complex FMP, Framework 12, and other applicable 
law.
    This final rule is exempt from review under Executive Order 12866, 
and is not regulatory under Executive Order 14192.
    Pursuant to 5 U.S.C. 553(b)(B), NMFS finds good cause to waive 
prior public notice and opportunity for public comment on this action, 
because allowing time for notice and comment would be unnecessary and 
contrary to the public interest. The proposed rule for Framework 12 
provided the public with the opportunity to comment on the 2024 and 
projected 2025 specifications (89 FR 45621, May 23, 2024). NMFS 
received two comments on the proposed rule, which were addressed in the 
final rule (89 FR 58076, July 17, 2024), and determined that no changes 
to the final rule were necessary as a result of the comments. Through 
both proposed and final rulemaking for Framework 12, NMFS alerted the 
public that a review of the projected 2025 specifications would be 
conducted and that NMFS would either confirm the specifications as 
projected or publish a proposed rule for any necessary changes prior to 
the May 1st start of the 2025 fishing year. In addition, the Council 
reviewed the 2025 projected specifications along with the 2024 Annual 
Skate Monitoring Report at its public meeting on September 24, 2024, 
which included an additional opportunity for public comment. The 
Council did not recommend any changes to the projected specifications. 
The opportunity for and consideration of public comments in the 
proposed and final rulemaking process for implementing Framework 12, 
combined with the opportunity for public comment during the Council's 
review of more recent data from the 2024 Annual Skate Monitoring Report 
in its September 24, 2024, public meeting, have already provided the 
public with multiple opportunities to comment on the 2025 
specifications. Providing additional notice and comment on the 2025 
specifications at this point would be unnecessary. In addition, doing 
so even though the 2025 specifications are unchanged from the 2024 
specifications

[[Page 16468]]

could cause confusion, and therefore would be contrary to the public 
interest.
    Pursuant to 5 U.S.C. 553(d)(3), NMFS finds that there is good cause 
to waive the 30-day delay in the date of effectiveness for this action. 
The 2025 fishing year begins on May 1, 2025, and the 2025 
specifications are the same as the 2024 specifications. Requiring a 30-
day delay before this final rule becomes effective does not provide any 
benefit to the regulated parties, as no additional time is required to 
come into compliance with this final rule. Unlike actions that require 
an adjustment period, skate fishing vessels will not need to purchase 
new equipment or otherwise expend time or money to comply with these 
management measures, because compliance simply means adhering to the 
same catch limits and possession limits as those for the 2024 fishing 
year. These specifications should be effective by the start of the 
skate fishing year on May 1, 2025. If this final rule is delayed for a 
short period, the prior year's specifications would roll over to allow 
continued operation of the fishery until the 2025 specifications are 
implemented. However, having the 2025 specifications in place by the 
start of the fishing season and preventing a rollover could reduce 
potential confusion about the 2025 specifications.
    The Chief Counsel for Regulation, Department of Commerce, 
previously certified to the Chief Counsel for Advocacy of the Small 
Business Administration (SBA) that Framework 12, which set 
specifications for 2024 and projected specifications for 2025, would 
not have a significant economic impact on a substantial number of small 
entities. Implementing the 2025 specifications will not change the 
conclusions drawn in that previous certification to the SBA. No 
comments were received regarding this prior certification. As a result, 
no new regulatory flexibility analysis is required and none has been 
prepared.
    This action does not contain a collection of information 
requirement for purposes of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).

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

    Dated: April 15, 2025.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2025-06713 Filed 4-17-25; 8:45 am]
BILLING CODE 3510-22-P


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Indexed from Federal Register on April 18, 2025.

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