[Federal Register Volume 65, Number 57 (Thursday, March 23, 2000)]
[Rules and Regulations]
[Pages 15576-15577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7218]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[I.D. 022800D]


Fisheries of the Northeastern United States; Magnuson-Stevens Act 
Provisions; Northeast Skates; Overfished Fisheries

ACTION: Designation of Council responsibilities for the Northeast skate 
fisheries; determination of overfished fisheries.

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SUMMARY: NMFS announces that the Assistant Administrator for Fisheries, 
on behalf of the Secretary of Commerce (Secretary), has designated the 
New England Fishery Management Council (NEFMC) as the Regional Fishery 
Management Council (Council) responsible for developing a fishery 
management plan (FMP) for seven species of skate (barndoor, clearnose, 
little, rosette, smooth, thorny, and winter skate) found in Federal 
waters off the coast of the New England and Mid-Atlantic states. NMFS 
also informs the public of its determination that four of the species 
comprising the Northeast skate fisheries (barndoor, smooth, thorny, and 
winter skate) are overfished.

FOR FURTHER INFORMATION CONTACT: Myles Raizin, Fishery Policy Analyst, 
508-281-9104.

SUPPLEMENTARY INFORMATION:

Background

    Soon after the passage of the Fishery Conservation and Management 
Act in 1976, the Secretary designated species-specific management 
responsibilities to the Councils. The skate species were not among 
those designated for management. In April 1999, the NEFMC requested the 
Secretary to grant the NEFMC sole authority to manage seven species of 
skate found in the Northeast--namely the barndoor, clearnose, little, 
rosette, smooth, thorny, and winter skate. In August 1999, the Mid-
Atlantic Fishery Management Council agreed that it would be appropriate 
for the NEFMC to manage the Northeast skate fisheries. On March 14, 
2000, NMFS informed the NEFMC that the Assistant Administrator for 
Fisheries, NMFS, on behalf of the Secretary, designated the NEFMC as 
the Council responsible for developing an FMP for seven species of 
skate found in Federal waters off the coast of the New England and Mid-
Atlantic states.

[[Page 15577]]

Determination of Overfished Fisheries

    The determination of the status of a stock relative to overfishing 
and overfished condition is based on both the rate of removal of fish 
from the population through fishing (the exploitation rate) and the 
current stock size. When the exploitation rate jeopardizes the capacity 
of a stock to produce its maximum sustainable yield (MSY) on a 
continuing basis, overfishing is occurring. Exploitation rates are 
usually expressed in terms of an instantaneous fishing mortality rate 
(F).
    Another important factor for classifying the status of a resource 
is the current stock level. If a stock's biomass falls below its 
minimum biomass threshold, the capacity of the stock to produce MSY on 
a continuing basis is jeopardized and the stock is said to be in an 
overfished condition.
    NMFS' Northeast Fisheries Science Center assessed the Northeast 
skate stocks at the 30th Northeast Regional Stock Assessment Workshop 
(SAW 30), in January 2000. Results of SAW 30 indicate that barndoor, 
smooth, thorny, and winter skate are overfished as discussed below.

Barndoor skate (Raja laevis)

    The abundance of barndoor skate declined continuously through the 
1960s to historic lows during the early 1980s. Since 1990, the 
abundance of barndoor skate has increased slightly on Georges Bank, the 
western Scotian Shelf, and in southern New England. However, the 1999 
NEFMC autumn survey biomass index was less than 5 percent of the peak 
observed in 1963. F could not be estimated for the stock, nor could an 
F reference point be determined. However, the 1996-98 NEFMC autumn 
survey biomass index of 0.08 kg/tow was below the proposed biomass 
threshold of 0.81 kg/tow. Therefore, barndoor skate is overfished.

Smooth skate (Raja senta)

    The abundance of smooth skate was highest during the early 1960s 
and late 1970s. F could not be estimated for the stock, nor could an F 
reference point be determined. However, the 1996-1998 NEFMC autumn 
survey biomass index of 0.15 kg/tow was below the proposed biomass 
threshold of 0.16 kg/tow. Therefore, smooth skate is overfished.

Thorny skate (Raja radiata)

    The abundance of thorny skate has declined to historic lows. 
Current abundance is about 10-15 percent of the peak observed in the 
late 1960s and early 1970s. F could not be estimated for the stock, nor 
could an F reference point be determined. However, the 1996-1998 NEFSC 
autumn surgery biomass index of 0.77 kg/tow was below the proposed 
biomass threshold of 2.20 kg/tow. Therefore, thorny skate is 
overfished.

Winter skate (Raja ocellata)

    Winter skate abundance is currently about the same as in the early 
1970s, at about 25 percent of the peak observed during the mid-1980s. 
Comparison of the current F(0.39), based on the NEFSC spring survey, to 
the proposed threshold F(0.1) indicates that overfishing is occurring. 
The 1996-1998 NEFSC autumn survey biomass index average of 2.83 kg/tow 
was below the proposed biomass threshold of 3.23 kg/tow. Therefore, 
winter skate is also overfished.
    Section 304(e) of the Magnuson-Stevens Fishery Conservation and 
Management Act requires that within 1 year of being notified of the 
identification of a stock as being overfished, the affected Council 
must develop measures to end overfishing and rebuild the stock. On 
March 14, 2000, the NEFMC was informed that it had been designated as 
the Council having responsibility for the management of the Northeast 
skate fisheries and was notified of the overfished status of the 
barndoor, winter, thorny, and smooth skate stocks. The letter to the 
NEFMC reads as follows:

    March 14, 2000
    Mr. Thomas Hill
    Chairman
    New England Fishery Management Council
    50 Water Street - Mill 2
    Newburyport, Massachusetts 01950-2866
    Dear Chairman Hill:
    I am pleased to inform you that, on behalf of Secretary Daley, I 
have approved your request to designate the New England Fishery 
Management Council (NEFMC) as the responsible body for the 
development and management of the Northeast skate fisheries. Your 
responsibilities will include the management of seven species of 
skate found in the Northeast--barndoor, clearnose, little, rosette, 
smooth, thorny, and winter skate.
    The Mid-Atlantic Fishery Management Council (MAFMC), at its 
August 1999 meeting, passed a motion to support the NEFMC's request 
to initiate skate management. The MAFMC made clear its desire to be 
an active participant with the NEFMC in the development of a fishery 
management plan for Northeast skates. The MAFMC also expressed the 
desire to place at least three voting members on the NEFMC's skate 
committee and to appoint at least three industry advisors to the 
NEFMC's skate advisory panel or its equivalent.
    The National Marine Fisheries Service Northeast Fisheries 
Science Center undertook an assessment of the Northeast skate 
fisheries at the 30th Northeast Regional Stock Assessment Workshop 
(SAW 30), which was completed in January 2000. Results of SAW 30 
indicate that barndoor, smooth, thorny, and winter skate are 
overfished. The date of this letter will begin the 1-year period 
specified in the Magnuson-Stevens Fishery Conservation and 
Management Act for development of measures to address overfishing. A 
notice announcing the addition of these species to the list of 
overfished stocks will be published in the Federal Register.
    I am pleased that you will begin work on management measures for 
these fisheries. If you have any questions, please do not hesitate 
to contact me.
    Sincerely,
    Andrew A. Rosenberg
    Acting Assistant Administrator
    for Fisheries

    Dated: March 15, 2000.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 00-7218 Filed 3-22-00; 8:45 am]
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