[Federal Register Volume 68, Number 160 (Tuesday, August 19, 2003)]
[Rules and Regulations]
[Pages 49693-49703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21205]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 648

[Docket No. 030519127-3190-02; I.D. 042403A]
RIN 0648-AO10


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast 
Skate Complex (Skate) Fisheries; Skate Fishery Management Plan

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to implement approved measures 
contained in the Skate Fishery Management Plan (FMP). These regulations 
implement the following measures: A possession limit for skate wings; a 
bait-only exemption to the wing possession limit restrictions; a 
procedure for the development, revision, and/or review of management 
measures on an annual, biennial, and interannual basis, including a 
framework adjustment process; open access permitting requirements for 
fishing vessels, operators, and dealers; new species-level reporting 
requirements for skate vessels and dealers; new discard reporting 
requirements for Federal vessels; and prohibitions on possessing smooth 
skates in the Gulf of Maine (GOM) Regulated Mesh Area (RMA), and thorny 
skates and barndoor skates throughout the management unit. This final 
rule also implements other measures for administration and enforcement. 
The intended effect of this final rule is to implement permanent 
management measures for the Northeast (NE) skate fisheries pursuant to 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) and the FMP and to prevent overfishing of skate resources. 
Also, NMFS informs the public of the approval by the Office of 
Management and Budget (OMB) of the collection-of-information 
requirements contained in this final rule and publishes the OMB control 
numbers for these collections.

DATES: This rule is effective September 18, 2003.

ADDRESSES: Copies of the FMP, its Regulatory Impact Review (RIR), the 
Initial Regulatory Flexibility Analysis (IRFA), and the Final 
Environmental Impact Statement (FEIS), as prepared by the New England 
Fishery Management Council (Council), are available from Paul J. 
Howard, Executive Director, New England Fishery Management Council, 50 
Water Street, The Tannery - Mill 2, Newburyport, MA 01950.
    Comments regarding the collection-of-information requirements 
contained in this final rule should be sent to Patricia A. Kurkul, 
Regional Administrator, NMFS, Northeast Regional Office, One Blackburn 
Drive, Gloucester, MA 01930, and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, Washington, DC 
20503 (Attn: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Bonnie Van Pelt, Fishery Policy 
Analyst, 978-281-9244.

SUPPLEMENTARY INFORMATION: This final rule implements approved measures 
contained in the FMP, which was approved by NMFS on behalf of the 
Secretary of Commerce (Secretary) on July 28, 2003. A notice of 
availability for the FMP invited comments on the approvability of the 
FMP. The comment period ending date was June 30, 2003.
    Details concerning the justification for and development of the FMP 
and the implementing regulations were provided in the preamble to the 
proposed rule (68 FR 33432, June 4, 2003) and are not repeated here.

Status of Stock Complex

    There are no direct estimates of biomass available for the seven 
individual skate species in the complex, so biomass indices from the 
NMFS Northeast Fisheries Science Center (NEFSC) trawl surveys have been 
used to characterize stock size. More specifically, for each species in 
the complex, information on the weight of the catch per tow (kg/tow) 
from the most representative trawl survey series over the longest 
possible time span was assembled. The data in the selected series were 
then used to characterize the distribution of biomass over the examined 
time period. Finally, candidate reference points were selected from the 
distribution so as to provide proxies for biomass targets that have a 
high probability of correctly characterizing the stock level that 
produces maximum sustainable yield (MSY).
    For the aggregate skate complex, the NEFSC spring survey index of 
biomass was relatively constant from 1968 to 1980, then increased 
significantly to peak levels in the mid to late 1980s. The biomass of 
large-sized skates (barndoor, winter, and thorny) has declined steadily 
since the mid-1980s, while the recent increase in aggregate skate 
biomass has been attributed to an increase in little skates.

Overfishing Definitions

    Overfishing definitions are provided for each of the seven skate 
species in the complex, in accordance with the national standards of 
the Magnuson-Stevens Act, as amended by the Sustainable Fisheries Act 
(SFA) of 1996. Additional background information relating to 
difficulties in determining overfishing definitions for the skate 
stocks is contained in the proposed rule and is not repeated here.

Winter and Thorny Skates

    Winter and thorny skates are considered to be in an overfished 
condition when the 3-year moving average of the autumn survey mean 
weight per tow is less than one-half of the 75th percentile of the mean 
weight per tow observed in the autumn trawl survey from the selected 
reference time series. Overfishing is considered to be occurring when 
the 3-year moving average of the autumn survey mean weight per tow 
declines by 20 percent or more, or when the autumn survey mean weight 
per tow declines for 3 consecutive years.

Smooth and Clearnose Skates

    Smooth and clearnose skates are considered to be in an condition 
when the 3-year moving average of the autumn survey mean weight per tow 
is less than one-half of the 75th percentile of the mean weight per tow 
observed in the autumn trawl survey from the selected reference time 
series. Overfishing is considered to be occurring when the 3-year 
moving average of the autumn survey mean weight per tow declines by 30 
percent or more, or when the autumn survey mean weight per tow declines 
for 3 consecutive years.

Barndoor Skate

    Barndoor skate is considered to be in an overfished condition when 
the 3-year moving average of the autumn survey mean weight per tow is 
less than one-half of the mean weight per tow observed in the autumn 
trawl survey from 1963-1966 (currently 0.81 kg/tow). Overfishing is 
considered to be occurring when the 3-year moving average of the autumn 
survey mean weight per tow declines by 30 percent or more, or when the 
autumn survey

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mean weight per tow declines for 3 consecutive years.

Little Skate

    Little skate is considered to be in an overfished condition when 
the 3-year moving average of the spring mean weight per tow is less 
than one-half of the 75th percentile of the mean weight per tow 
observed in the spring trawl survey from the selected reference time 
series. Overfishing is considered to be occurring when the 3-year 
moving average of the spring survey mean weight per tow declines by 20 
percent or more, or when the spring survey mean weight per tow declines 
for 3 consecutive years.

Rosette Skate

    Rosette skate is considered to be in an overfished condition when 
the 3-year moving average of the autumn survey mean weight per tow is 
less than one-half of the 75th percentile of the mean weight per tow 
observed in the autumn trawl survey from the selected reference time 
series. Overfishing is considered to be occurring when the 3-year 
moving average of the autumn survey mean weight per tow declines by 60 
percent or more, or when the autumn survey mean weight per tow declines 
for 3 consecutive years.
    These overfishing definitions incorporate the biomass targets and 
thresholds that were developed at SAW 30. The FMP contains additional 
discussion of the rationale for the biomass reference points for each 
skate species.

Optimum Yield (OY)

    The following OY specifications for each species in the NE skate 
complex are based on the management measures that the Council included 
in the FMP. Consistent with the NSGs, the Council intends that OY 
cannot exceed MSY or the allowable portion of MSY necessary to be 
consistent with the MSY-based control rule. As better fishery 
information becomes available, these OY specifications may be revised 
and/or refined. Additional background information relating to 
difficulties in determining MSY and OY for the skate stocks are 
contained in the proposed rule and is not repeated here.

Winter Skate

    Because fishery data are lacking, there is currently no time series 
of catch or landings of winter skate on which to base an absolute 
specification of OY. The OY for winter skate is therefore defined as 
the amount of winter skates that are harvested legally under the 
provisions of the FMP and the yield that results from the management 
measures in other fisheries, to the extent that these measures further 
impact (and likely reduce) the harvest of winter skates.

Little Skate

    Since abundance of the little skate resource has increased 
considerably over a time period that coincides with the operation of 
the bait fishery, it can be assumed that the resource is being 
harvested at an F that is below FMSY. The OY for little skate is 
therefore defined as the amount of little skates that are harvested for 
bait legally under the provisions of the FMP.

Smooth, Thorny, and Barndoor Skates

    The interaction of skate fishing and multispecies fishing suggests 
that even more benefits will be afforded to smooth, thorny, and 
barndoor skates as fishing effort is reduced further in the NE 
multispecies fishery. Moreover, the year-round groundfish closed areas 
in the GOM, as they are currently defined, provide a great deal of 
protection to smooth, thorny, and barndoor skates. Because barndoor and 
thorny skates are currently in an condition, the Council is proposing 
management action to rebuild these resources to their long-term 
sustainable level. Smooth skate is not overfished, but it has not yet 
rebuilt to its long-term biomass target. Therefore, to be as 
precautionary as possible, the Council set the OY for smooth, thorny, 
and barndoor skates at zero.

Clearnose and Rosette Skates

    Since abundance of clearnose and rosette skates have increased 
considerably over a time period and in an area that coincides with the 
operation of many fisheries, it can be assumed that the resources are 
being harvested at an F that is below FMSY. Therefore, the OY for 
clearnose and rosette skates is defined as the amount of clearnose and 
rosette skates that are harvested legally under the provisions of the 
FMP.

Management Area

    The boundaries of the management area, also called the management 
unit, are limited to the waters north of 35[deg] 15.3' N. lat., bounded 
by the coastline of the continental United States in the west and 
north, and the Hague Line and the seaward extent of the U.S. Exclusive 
Economic Zone (EEZ) in the east. These boundaries for the management 
unit are consistent with other relevant NE FMPs.

Fishing Year

    The skate fishing year is the same as the NE multispecies fishing 
year, currently May 1 April 30. If the NE multispecies fishing year 
changes in the future, the skate fishing year would change 
automatically to remain consistent with the NE multispecies fishing 
year.

Essential Fish Habitat (EFH)

    Relative abundance data are used to identify EFH for the seven 
species of skates. EFH for skates includes those areas of the inshore 
and offshore waters (out to the offshore U.S. boundary of the EEZ), as 
described in section 4.6.2 of the FMP.
    The range of the fishing activity under the FMP occurs across the 
designated EFH of 11 species managed by the New England, Mid-Atlantic, 
and South Atlantic Fishery Management Councils. As discussed in section 
6.2.9.2 of the FMP, no adverse impacts relative to the baseline 
conditions established under Amendments 11 and 12 to the NE 
Multispecies FMP are expected on the EFH of these species and no 
further mitigation is practicable or necessary. Potential impacts to 
EFH associated with the skate fishery are expected to remain 
essentially the same as a result of this action. The FMP measures 
designed to protect barndoor, thorny, and smooth skates under the 
incidental catch skate wing fishery, and to control fishing effort in 
the directed skate wing fishery, are unlikely to change the overall 
fishing effort in the region that is attributed primarily to the NE 
Multispecies FMP.

Permitting Requirements

    The owners of any commercial vessel who intend to fish for, catch, 
possess, transport, land, sell, trade, or barter skates in or from the 
skate management unit are required to obtain an annual Federal skate 
permit (open-access).
    Dealers who purchase or receive skates or skate parts from any 
vessel are required to obtain a Federal dealer permit on an annual 
basis. Skates harvested from the skate management unit may only be sold 
to federally permitted dealers.
    Operators of vessels issued a Federal skate vessel permit are 
required to obtain a Federal operator permit. An individual who already 
holds an operator permit for another federally managed fishery does not 
need to reapply, since there is no qualification or test for this 
permit.

Vessel and Dealer Reporting Requirements

    Vessels holding skate permits, and dealers authorized to purchase 
skates, are required to report species-level information on skates in 
existing Vessel

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Trip Reports. Vessels holding Federal permits (regardless of the 
fishery) are required to report skate discards by size category only 
(i.e., large and small skates).

Skate Wing Possession Restrictions

    The retention and landing of skate wings is limited to 10,000 lb 
(4,536 kg) per trip of less than or equal to 24 hours duration (and a 
limit of one trip per day) and 20,000 lb (9,072 kg) per trip exceeding 
24 hours. The days-at-sea (DAS) call-in programs (groundfish, scallop, 
and monkfish) will be used to determine whether a vessel's trip is less 
than or greater than 24 hours.
    By discouraging large-scale directed fishing for skate wings, the 
possession limit is expected to reduce overall fishing mortality on 
winter skates. However, the benefits of a wing possession limit include 
not only fishing mortality reductions for winter skate, but also long-
term benefits to the wing species if the possession limit can 
discourage expansion of the fishery and/or an influx of new entrants 
into the fishery.

Bait-only Letter of Authorization (LOA)

    This measure allows vessel owners and operators that fish for 
skates as bait, only, to be exempt from the wing possession limits, 
provided they obtain an LOA from the Regional Administrator. Vessel 
owners/operators that fish for a combination of bait and wings and 
vessels that do not obtain the LOA are subject to the wing possession 
limits.

Skate Possession Prohibitions

    Barndoor and thorny skates are in an overfished condition, so, in 
addition to the benefits that are likely to accrue to these species as 
a result of the NE multispecies regulations (closed areas, DAS 
reductions, mesh increases), this action prohibits the possession of 
thorny skates and barndoor skates on all vessels fishing from, and all 
dealers who purchase skates caught in, the EEZ portion of the Skate 
Management Unit. Although no longer considered to be in an overfished 
condition, the smooth skate resource is depleted and still well below 
its target biomass level. Therefore, in addition to the benefits that 
are likely to accrue to this species as a result of the NE multispecies 
regulations, this action prohibits the possession of smooth skates in 
the GOM RMA to conserve the smooth skate resource and promote the 
rebuilding of its biomass to target levels.

Annual Monitoring and Framework Adjustment Measures

    The skate fishery will be monitored on at least an annual basis 
starting one year after the implementation of the FMP. The status of 
the resource and the fishery will be reviewed by the Council, its Skate 
Oversight Committee and Advisory Panel, and the Skate PDT. The Council 
will prepare a biennial Stock Assessment and Fishery Evaluation (SAFE) 
Report for the NE skate complex. If the Council determines that an 
adjustment to the measures is needed, it will implement either a 
framework adjustment or an amendment to the FMP.
    The framework adjustment process is similar to that used in other 
NE Region fisheries. This process allows changes to measures below, as 
appropriate, to be made to the FMP or regulations in a timely manner, 
without going through the plan amendment process. The framework 
adjustment process may not be appropriate when it is determined that a 
proposed change would not be within the scope of the FMP, or the 
amendment process would be better suited to implement the proposed 
change. The framework process provides opportunity for public comment 
to supplement the public comment period provided by publishing a 
proposed rule. If changes to the management measures were contemplated 
in the FMP, NMFS could bypass the proposed rule stage and publish a 
final rule in the Federal Register, provided such rule complies with 
the requirements of the Administrative Procedure Act. The management 
measures and/or changes to them that could be implemented and adjusted 
through the framework process include the following: (1) Skate 
permitting and reporting requirements; (2) overfishing definitions and 
related targets and thresholds; (3) prohibitions on possession and/or 
landing of individual skate species; (4) skate possession limits; (5) 
skate closed areas (and consideration of exempted gears and fisheries); 
(6) seasonal skate fishery restrictions and specifications; (7) target 
TACs for individual skate species; (8) hard TACs/quotas for skates, 
including species-specific quotas, fishery quotas, and/or bycatch 
quotas for non-directed fisheries; (9) establishing a mechanism for TAC 
set-asides to mitigate bycatch, conduct scientific research, or for 
other reasons; (10) onboard observer requirements; (11) gear 
modifications, requirements, restrictions, and/or prohibitions; (12) 
minimum and/or maximum sizes for skates; (13) adjustments to exemption 
area requirements, area coordinates, and/or management lines 
established by the FMP; (14) measures to address protected species 
issues, if necessary; (15) description and identification of EFH; (16) 
description and identification of habitat areas of particular concern; 
(17) measures to protect EFH; (18) adjustments and or/resetting of the 
``baseline'' of management measures in other fisheries; (19) OY and/or 
MSY specifications; and (20) any other measures contained in the FMP.

Baseline Trigger and Review

    The FMP identifies and characterizes a ``baseline'' of management 
measures in other fisheries that provide conservation benefits to skate 
species. The FMP also establishes a process for reviewing changes to 
the management measures included in this baseline, particularly changes 
that make the existing measures less restrictive. This approach allows 
adjustments to management measures in other fisheries while ensuring 
that skate rebuilding is not compromised. The baseline measures and 
review process are described in detail in the FMP and Classification 
section of this rule.
    The baseline review is intended to address potential significant 
impacts to skate mortality. Total skate mortality will be considered, 
including mortality resulting in increased directed fishing effort on 
skates and mortality resulting from the bycatch of skates. Therefore, 
this approach addresses National Standard 9, as considerations of 
bycatch and bycatch mortality are incorporated into the assessment of 
whether or not changes to the baseline measures will result in 
significant changes to skate mortality.
    The lack of fishery-specific data precludes a quantitative 
assessment of the impacts of current baseline measures on skates and is 
likely to preclude such an assessment of the impacts of changes to 
these measures, at least in the near future. Over time, as data are 
collected through the FMP permit and reporting requirements, increased 
observer coverage, study fleets, and efforts to collect better 
information in other fisheries, the Skate PDT's ability to quantify the 
impacts of management measures on skates should improve greatly. 
However, qualitative assessments must suffice in the short-term, as 
quantitative assessments cannot be completed at this time.
    This final rule also revises the definitions of ``Council,'' and 
``Fishing year,'' to reflect the approval of the FMP, and establishes 
new definitions for ``NE skate complex (skates),'' and ``Skate 
Management Unit.''

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Comments and Responses

    The deadlines for receiving comments on the FMP and proposed rule 
were June 30, 2003, and July 7, 2003, respectively. Five comment 
letters were received on the FMP and proposed rule prior to the close 
of the comment periods.
    Comment 1: One commenter recommended that the FMP include 
additional requirements for vessel strike avoidance, as well as marine 
trash and debris elimination and awareness similar to those that are 
imposed upon the offshore gas and oil industry by the U.S. Minerals 
Management Service.
    Response: Magnuson-Stevens Act provisions are being implemented 
under the FMP to prevent overfishing of the skate fisheries. This rule 
implements the measures that are required to meet the goals and 
objectives of the FMP. While NOAA Fisheries acknowledges the importance 
of these issues raised by the commenter, this rule is not the proper 
mechanism to address vessel strike avoidance, or marine trash/debris 
elimination and awareness requirements.
    Comment 2: Two commenters requested that NMFS reduce the wing 
fishery possession limits by 50 percent.
    Response: The Council proposed 3 initial alternatives regarding a 
wing fishery possession limit: 10,000 lb (4,536 kg) per trip; 20,000 lb 
(9,072 kg) per trip; and 30,000 lb (13,608 kg) per trip. For the 
purposes of public hearings on the draft FMP, the Council proposed a 
20,000-lb (9,072-kg) per trip possession limit for all vessels 
participating in the wing fishery. During public hearings, the Council 
received testimony that the proposed possession limit may have been too 
high. The Council also received testimony that two types of vessels 
actively participate in the wing fishery: Vessels that make frequent 
fishing trips of less than 24 hours in duration (``day boats''), and 
vessels that make extended fishing trips lasting multiple days (``trip 
boats''). The Council considered this testimony and proposed that the 
wing possession limit be reduced to 10,000 lb (4,536 kg) for vessels 
making fishing trips 24 hours or less in duration, and remain at 20,000 
lb (9,072 kg) for vessels making fishing trips more than 24 hours in 
duration. The analysis in the FMP supports the Council's recommendation 
that these wing possession limits provide sufficient conservation 
benefit for skates.
    Comment 3: One commenter expressed concern that the measures 
proposed in the FMP will not be sufficient to protect and rebuild skate 
species.
    Response: NMFS disagrees that the measures in the Skate FMP will 
not be sufficient to protect and rebuild skates. Several very 
restrictive management measures are being implemented under this FMP: 
The possession of barndoor and thorny skates is completely prohibited, 
as is the possession of smooth skates in the GOM RMA; and possession 
limits have been established in the skate wing fishery where none 
previously existed, restricting the amount of skate wings that may 
legally be landed on any fishing trip. The FMP recognizes that most 
conservation and management of the skate resources will come from the 
management measures and controls on fishing effort implemented for the 
fisheries that harvest skates incidental to their normal fishing 
operations--the NE multispecies, scallop, and monkfish fisheries. The 
FMP implements a formal review process to ensure that future proposed 
changes to the management measures implemented in these fisheries do 
not threaten the conservation of skates or undermine the skate 
rebuilding programs implemented under the FMP.
    Comment 4: One commenter expressed concern that the FMP fails to 
propose clear mechanisms to avoid and minimize skate bycatch and 
discard mortality.
    Response: NMFS disagrees that the FMP fails to adequately address 
bycatch. Prohibitions on possession of the three most depleted skate 
species are being implemented through this final rule as are controls 
on the harvest of skates for the wing fishery. In addition, these three 
prohibited species of skates are considered bycatch species of both the 
wing fishery, which catches primarily winter skates, and the bait 
fishery, which catches primarily little skates. The prohibition is 
intended to eliminate landings of these three species, and also to 
encourage fishermen to return any barndoor, thorny, or smooth skates to 
the sea as soon as possible. By prohibiting possession, as opposed to 
prohibiting landing or sale only, there is an incentive to return 
skates to the sea as quickly as possible. The quicker skates are 
returned to the sea, the better their expected chance of survival 
remains.
    Unfortunately, there remains a distinct lack of data regarding 
bycatch rates and discard mortality of skates, so there is no way to 
determine what those rates are, or to conclude that the existing rates 
are too high. The reporting requirements included in the FMP will 
provide previously unavailable species-level catch data, discard data 
by size class of skate, and detailed catch and discard data as a result 
of study fleets. This information, once available, will provide a 
mechanism for the Council and NMFS to evaluate bycatch and discard 
mortality rates and to determine whether alternative and/or additional 
action is necessary. In the meantime, the FMP's prohibition on 
possessing certain skate species and the wing possession limits, in 
concert with measures in the Northeast Multispecies FMP (e.g., closure 
of areas to gear capable of catching groundfish and, by extension, 
skates), will offer the best overall protection to skates and serve to 
minimize to the extent practicable, and avoid potential bycatch of 
those species of skates that are incidental catch in the primary skate 
fisheries (i.e., the wing and bait fisheries).

Changes From the Proposed Rule

    In Sec.  648.321, paragraph (a)(1) is revised to refer the reader 
to the appropriate section: Sec.  648.321(b) instead of Sec.  
648.312(b).
    In Sec.  648.7, paragraph (a)(1)(iii) is revised to refer the 
reader to the appropriate paragraph of this section: (a)(1)(i) instead 
of paragraph (i).
    In Sec.  648.14(ee), the language describing possession of whole 
skates less than the specified maximum size is clarified to 
characterize lobster vessels that possess skate for bait as the 
receiving vessel in a transfer at sea while being exempt from Federal 
permitting requirements for skates. Lobster vessels are responsible for 
ensuring that the skates they receive and possess on board from the 
Skate Management Unit are not the prohibited species specified at Sec.  
648.322(c). An additional prohibition, Sec.  648.13(gg), is added to 
further clarify this point regarding lobster vessels that are exempt 
from the skate permitting requirements, where previously Sec.  
648.13(ff)(7) and (8) referred to vessels holding only valid Federal 
skate permits.
    In Sec.  648.6, paragraph (a)(1) is revised to include skates as 
species for which persons receiving aboard vessels for their own use 
exclusively as bait are deemed not to be dealers, and are not required 
to possess a valid dealer permit.
    In Sec.  648.320, paragraph (a)(3) is revised to include language 
requiring the Council to take action, if such action is required, under 
the skate rebuilding program identified in section 4.5.6 of the FMP. 
This change is intended to clarify the FMP review and monitoring 
procedures.
    NOAA codifies its OMB control numbers for information collection in 
15 CFR part 902. Part 902 collects and

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displays the control numbers assigned to information collection 
requirements of NOAA by OMB pursuant to the Paperwork Reduction Act 
(PRA). This final rule codifies OMB control number 0648-0481 for Sec.  
648.13, and OMB control number 0648-0480 for Sec.  648.322. Under NOAA 
Administrative Order 205-11, dated December 17, 1990, the Under 
Secretary for Oceans and Atmosphere, NOAA, has delegated to the 
Assistant Administrator for Fisheries, NOAA, the authority to sign 
material for publication in the Federal Register.

Classification

    The Administrator, Northeast Region, NMFS, determined that the FMP 
implemented by this rule is necessary for the conservation and 
management of the NE skate fisheries and that it is consistent with the 
Magnuson-Stevens Act and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Council prepared an FEIS for this FMP; a notice of availability 
was published on May 23, 2003 (68 FR 28213). NMFS determined, upon 
review of the FMP/FEIS and public comments, that approval and 
implementation of the FMP is environmentally preferable to the status 
quo. The FEIS demonstrates that it contains management measures able to 
mitigate, to the extent practicable, all possible social and economic 
adverse effects while minimizing risks to the resource and its 
environment; and will have significant positive effects on the skate 
fisheries resource relative to the no action alternative.
    Included in this final rule is the Final Regulatory Flexibility 
Analysis (FRFA). The FRFA consists of the IRFA, the comments and 
responses to the proposed rule, and the analyses completed in support 
of this action. A copy of the IRFA is available from the Council (see 
ADDRESSES).
    The preamble to the proposed rule included a detailed summary of 
the analyses contained in the IRFA, and that discussion is not repeated 
in its entirety here.

Final Regulatory Flexibility Analysis

Statement of Objective and Need

    A description of the reasons why this action is being considered, 
and the objectives of and legal basis for this action are contained in 
the preamble to the proposed rule and are not repeated here.

Summary of Significant Issues Raised in Public Comments

    Comments received prior to the close of the comment period for the 
proposed rule focused exclusively on conservation of the skate 
resources, without reference to the analysis contained in the IRFA. For 
a summary of the comments received, refer to the section above titled 
``Comments and Responses.''

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

    The number of small entities to which the rule applies is the same 
as that identified in the IRFA. The measures for addressing management 
of the NE skate fisheries could affect any commercial vessel holding an 
active Federal NE fishing permit. Data from the NE permit application 
database show that 4,828 vessels are currently permitted to fish in 
Federal waters, with 1,722 vessels permitted to fish for NE 
multispecies, monkfish, and/or sea scallops. Of these vessels, the 
Council considered the economic impacts on 775 vessels that have 
reported landings of skate or skate parts at least once in the last 3 
years. These 895 vessels are considered the universe of vessels most 
likely to be directly affected by the proposed action.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    The projected reporting, recordkeeping, and other compliance 
requirements to which this rule will apply were identified in the IFRA 
and remain the same. A description of the projected reporting, 
recordkeeping, and other compliance requirements is provided in the 
IRFA and IRFA summary contained in the Classification section of the 
proposed rule and is not repeated here. No professional skills are 
necessary for preparation of the reports or records specified above.

Steps Taken to Minimize Economic Impacts on Small Entities Prohibitions 
for Barndoor, Thorny, and Smooth Skates

    This rule establishes prohibitions on the possession of barndoor 
and thorny skates throughout the Skate Management Unit, and a 
prohibition on the possession of smooth skate throughout the GOM RMA. 
The potential economic impacts of these measures are described in 
detail in the IRFA and IRFA summary contained in the Classification 
section of the proposed rule. Results of the analysis indicate that 
there will be minimal negative economic impact to affected vessels as a 
result of these measures. The FMP also considered alternatives to 
prohibit the landing and/or sale of these three species of skates, 
rather than prohibitions on possession. Because all of these 
alternatives would result in an inability of vessels to sell any catch 
of barndoor, thorny, or smooth skates, and of dealers to purchase these 
species, there are no substantive differences between landing, sale, 
and possession prohibitions relative to the expected economic impacts 
on small entities. The no action alternative would have resulted in no 
prohibitions on the possession, landing, and/or sale of these three 
skate species. Because there would have been no action taken to 
restrict the ability of small entities to derive revenue from the catch 
of barndoor, thorny, or smooth skates, the adverse economic impacts 
associated with these prohibitions would have been mitigated. This 
alternative was not selected, however, because it would have been 
inconsistent with the objectives of the FMP to protect overfished 
species of skates, prevent overfishing on skates, rebuild depleted 
species of skates, and minimize bycatch and discard mortality rates for 
skates. This alternative also would not have complied with National 
Standard 1 of the Magnuson-Stevens Act, which requires that action be 
taken to prevent overfishing and rebuild overfished stocks.

Possession Limit for Skate Wing Fishery

    This rule establishes a skate wing possession limit of 10,000 lb 
(4,536 kg) per day and 20,000 lb (9,072 kg) per trip. The potential 
economic impacts of this measure are described in the IRFA and are not 
repeated here. The Council considered three additional options for a 
wing possession limit--10,000 lb (4,536 kg) for all fishing trips, 
20,000 lb (9,072 kg) for all fishing trips, and 30,000 lb (13,608 kg) 
for all fishing trips--as well as the option to take no action 
regarding a wing possession limit.
    The option to restrict possession of skate wings to 10,000 lb 
(4,536 kg) per fishing trip would have resulted in more significant 
adverse economic impacts on small entities than the action being 
implemented. The options to restrict possession of skate wings to 
either 20,000 lb (9,072 kg) or 30,000 lb (13,608 kg) per fishing trip 
would have been expected to result in less significant economic impacts 
on small entities than the action being implemented. The analysis 
supporting this statement is provided in the IRFA and is not repeated 
here. These options were not selected, however, because they would

[[Page 49698]]

not have provided sufficient conservation benefit to winter skates (the 
primary target of the wing fishery) to be fully consistent with the 
objectives of the FMP, which include to ``reduce fishing mortality on 
winter skate.'' Winter skate, although not overfished, is not yet fully 
rebuilt, and the Magnuson-Stevens Act requires that conservation 
measures be implemented to reduce fishing mortality on species under 
these conditions.
    The no action alternative, to implement no restrictions on the 
possession of winter skate wings, would have minimized, to the greatest 
extent, the potential adverse economic impacts on small entities 
associated with this action by allowing fishing vessels to land and 
sell as much skate wings as was possible, given their vessel and 
fishing operations. However, for the same reasons described above for 
the 20,000-lb (9,072-kg) and 30,000-lb (13,608-kg) options, this 
alternative was not selected due to inconsistencies with the objectives 
of the FMP and the requirements of the Magnuson-Stevens Act.

Skate Wing Possession Limit Exemption Program

    This rule implements a provision to allow vessels that fish for 
skates as bait only to obtain an LOA from NMFS to be exempt from the 
skate wing possession limits, but requires these vessels to land skates 
smaller than 23 inches (58.42 cm) total length in whole condition. This 
measure is not expected to have economic impacts on small entities 
because the majority of the skates caught ( 90 percent) in 
the bait fishery are little skates that reach maturity at less than 
19.7 inches (50 cm). In addition, as described in the IRFA, this 
measure is not expected to have an adverse economic impact on small 
entities, as it relieves a restriction (i.e., vessels would not have to 
abide by the skate wing possession limits) that would otherwise 
constrain fishing-related revenues. The only alternative to this 
measure considered by the Council was the no action alternative to not 
implement the LOA program. This would have resulted in adverse economic 
impacts because bait-only vessels would have been subject to the 
potentially restrictive skate wing possession limit.

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 small entity compliance guide will be sent 
to all holders of NE Federal commercial fishing vessel or dealer 
permits. In addition, copies of this final rule and guide (i.e., permit 
holder letter) are available from NMFS (see ADDRESSES) and at the 
following web site: http://www.nmfs.gov/ro/doc/nero.html.
    This final rule contains nine collection-of-information 
requirements subject to the PRA. The collection of this information has 
been approved by OMB. The public's reporting burden for the collection-
of-information requirements includes the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection-of-information requirements.
    The new reporting requirements and the estimated time for a 
response are as follows:
    Vessel trip reports, OMB control number 0648-0212 (8 minutes per 
response for a new respondent, an additional 3 minutes per response for 
skate permit holders already completing a vessel trip report for other 
fisheries, and 1 minute per response for all other permit holders 
reporting discards of skates by size class).
    Dealer purchase reports, OMB control number 0648-0229 (1 additional 
minute/response for species identification).
    Vessel permits, OMB control number 0648-0202 (15 minutes/response 
for an initial permit, and 1 minute/response for existing permit 
holders).
    Dealer permits, OMB control number 0648-0202 (5 minutes/response 
for an initial permit, and 1 minute/response for existing permit 
holders).
    Operator permits, OMB control number 0648-0202 (60 minutes/
response).
    Observer deployments, OMB control number 0648-0202 (2 minutes/
response).
    Bait-only fishing exemption notification, OMB control number 0648-
0480 (2 minutes/response to enroll or withdraw from exemption).
    Bait transfer-at-sea documentation, OMB control number 0648-0481 (2 
minutes/response to prepare).
    Send comments on these or any other aspects of the collection of 
information to NMFS (see ADDRESSES) and to OMB at the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
Washington DC 20503 (Attn: NOAA Desk Officer).
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection-of-information displays 
a currently valid OMB control number.

List of Subjects

15 CFR Part 902
    Reporting and recordkeeping requirements.
50 CFR Part 648
    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: August 14, 2003.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 15 CFR chapter IX, part 902, 
and 50 CFR chapter VI, part 648, are amended as follows:

PART-- 902 NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

    1. The authority citation for part 902 continues to read as 
follows:

    Authority: 44 U.S.C. 350 et seq.

0
2. In Sec.  902.1, the table in paragraph (b) under 50 CFR is amended 
by revising the entry for 648.13, and adding an entry for 648.322, in 
numerical order, to read as follows:


Sec.  902.1  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                              Current OMB control number
 CFR part or section where the information       the information (All
     collection requirement is located        numbers begin with  0648-)
------------------------------------------------------------------------
                                * * * * *
 
50 CFR                                       ...........................
                                * * * * *
648.13                                       -0391 and -0481
648.322                                      -0480
                                * * * * *
 
------------------------------------------------------------------------


[[Page 49699]]

50 CFR Chapter VI

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.  648.1, the first sentence of paragraph (a) is revised to 
read as follows:


Sec.  648.1  Purpose and scope.

    (a) This part implements the fishery management plans (FMPs) for 
the Atlantic mackerel, squid, and butterfish fisheries (Atlantic 
Mackerel, Squid, and Butterfish FMP); Atlantic salmon (Atlantic Salmon 
FMP); the Atlantic sea scallop fishery (Scallop FMP); the Atlantic surf 
clam and ocean quahog fisheries (Atlantic Surf Clam and Ocean Quahog 
FMP); the NE multispecies and monkfish fisheries ((NE Multispecies FMP) 
and (Monkfish FMP)); the summer flounder, scup, and black sea bass 
fisheries (Summer Flounder, Scup, and Black Sea Bass FMP); the Atlantic 
bluefish fishery (Atlantic Bluefish FMP); the Atlantic herring fishery 
(Atlantic Herring FMP); the spiny dogfish fishery (Spiny Dogfish FMP); 
the Atlantic deep-sea red crab fishery (Deep-Sea Red Crab FMP); the 
tilefish fishery (Tilefish FMP); and the NE skate complex fisheries 
(Skate FMP). * * *
* * * * *

0
3. In Sec.  648.2, the definitions of ``Council'', ``Fishing year'', 
and ``Skate'' are revised, and new definitions for ``NE skate complex 
(skates)'' and ``Skate Management Unit'' are added in alphabetical 
order to read as follows:


Sec.  648.2  Definitions.

* * * * *
    Council means the New England Fishery Management Council (NEFMC) 
for the Atlantic herring, Atlantic sea scallop, Atlantic deep-sea red 
crab, NE multispecies, monkfish, and NE skate fisheries; or the Mid-
Atlantic Fishery Management Council (MAFMC) for the Atlantic mackerel, 
squid, and butterfish; Atlantic surf clam and ocean quahog; summer 
flounder, scup, and black sea bass; spiny dogfish; Atlantic bluefish; 
and tilefish fisheries.
* * * * *
    Fishing year means:
    (1) For the Atlantic sea scallop and Atlantic deep-sea red crab 
fisheries, from March 1 through the last day of February of the 
following year.
    (2) For the NE multispecies, monkfish and skate fisheries, from May 
1 through April 30 of the following year.
    (3) For all other fisheries in this part, from January 1 through 
December 31.
* * * * *
    NE Skate Complex (skates) means Leucoraja ocellata (winter skate); 
Dipturis laevis (barndoor skate); Amblyraja radiata (thorny skate); 
Malacoraja senta (smooth skate); Leucoraja erinacea(little skate); Raja 
eglanteria (clearnose skate); and Leucoraja garmani (rosette skate).
* * * * *
    Skate means members of the Family Rajidae, including: Leucoraja 
ocellata (winter skate); Dipturis laevis (barndoor skate); Amblyraja 
radiata (thorny skate); Malacoraja senta (smooth skate); Leucoraja 
erinacea (little skate); Raja eglanteria (clearnose skate); and 
Leucoraja garmani (rosette skate).
* * * * *
    Skate Management Unit means an area of the Atlantic Ocean from 
35[deg] 15.3' N. lat., the approximate latitude of Cape Hatteras Light, 
NC, northward to the U.S.-Canada border, extending eastward from the 
shore to the outer boundary of the EEZ and northward to the U.S.-Canada 
border in which the United States exercises exclusive jurisdiction over 
all skates fished for, possessed, caught, or retained in or from such 
area.
* * * * *

0
4. In Sec.  648.4, paragraph (a)(14) is added to read as follows:


Sec.  648.4  Vessel permits.

    (a) * * *
    (14) Skate vessels. Any vessel of the United States must have been 
issued and have on board a valid skate vessel permit to fish for, 
possess, transport, sell, or land skates in or from the EEZ portion of 
the Skate Management Unit.

0
5. In Sec.  648.5, the first sentence in paragraph (a) is revised to 
read as follows:


Sec.  648.5  Operator permits.

    (a) * * * Any operator of a vessel fishing for or possessing 
Atlantic sea scallops in excess of 40 lb (18.1 kg), NE multispecies, 
spiny dogfish, monkfish, Atlantic herring, Atlantic surf clam, ocean 
quahog, Atlantic mackerel, squid, butterfish, scup, black sea bass, or 
bluefish, harvested in or from the EEZ; tilefish harvested in or from 
the EEZ portion of the Tilefish Management Unit; skates harvested in or 
from the EEZ portion of the Skate Management Unit; or Atlantic deep-sea 
red crab harvested in or from the EEZ portion of the Red Crab 
Management Unit, issued a permit, including carrier and processing 
permits, for these species under this part, must have been issued under 
this section, and carry on board, a valid operator permit. * * *
* * * * *

0
6. In Sec.  648.6, paragraph (a)(1) is revised to read as follows:


Sec.  648.6  Dealer/processor permits.

    (a) * * *
    (1) All dealers of NE multispecies, monkfish, skates, Atlantic 
herring, Atlantic sea scallop, Atlantic deep-sea red crab, spiny 
dogfish, summer flounder, Atlantic surf clam, ocean quahog, Atlantic 
mackerel, squid, butterfish, scup, bluefish, tilefish, and black sea 
bass; Atlantic surf clam and ocean quahog processors; and Atlantic 
herring processors or dealers, as described in Sec.  648.2; must have 
been issued under this section, and have in their possession, a valid 
permit or permits for these species. A person who meets the 
requirements of both the dealer and processor definitions of any of the 
aforementioned species' fishery regulations may need to obtain both a 
dealer and a processor permit, consistent with the requirements of that 
particular species' fishery regulations. Persons aboard vessels 
receiving small-mesh multispecies, skates, and/or Atlantic herring at 
sea for their own use exclusively as bait are deemed not to be dealers, 
and are not required to possess a valid dealer permit under this 
section, for purposes of receiving such small-mesh multispecies, 
skates, and/or Atlantic herring, provided the vessel complies with the 
provisions of Sec.  648.13.
* * * * *

0
7. In 648.7, paragraphs (a)(1)(iii) and (b)(1)(iii) are added, and the 
last sentence of paragraph (b)(1)(i) is revised to read as follows:


Sec.  648.7  Recordkeeping and reporting requirements.

* * * * *
    (a) * * *
    (1) * * *
    (iii) Dealer reporting requirements for skates. In addition to the 
requirements under paragraph (a)(1)(i) of this section, dealers shall 
report the species of skates received. Species of skates shall be 
identified according to the following categories: Winter skate, little 
skate, little/winter skate, barndoor skate, smooth skate, thorny skate, 
clearnose skate, rosette skate, and unclassified skate. NOAA Fisheries 
will provide dealers with a skate species identification guide.
* * * * *
    (b) * * *
    (1) * * *
    (i) * * * With the exception of those vessel owners or operators 
fishing under

[[Page 49700]]

a surfclam or ocean quahog permit, at least the following information 
and any other information required by the Regional Administrator must 
be provided: Vessel name; USCG documentation number (or state 
registration number, if undocumented); permit number; date/time sailed; 
date/time landed; trip type; number of crew; number of anglers (if a 
charter or party boat); gear fished; quantity and size of gear; mesh/
ring size; chart area fished; average depth; latitude/longitude (or 
loran station and bearings); total hauls per area fished; average tow 
time duration; hail weight, in pounds (or count of individual fish, if 
a party or charter vessel), by species, of all species, or parts of 
species, such as monkfish livers, landed or discarded; and, in the case 
of skate discards, ``small'' (i.e., less than 23 inches (58.42 cm), 
total length) or ``large'' (i.e., 23 inches (58.42 cm) or greater, 
total length) skates; dealer permit number; dealer name; date sold, 
port and state landed; and vessel operator's name, signature, and 
operator's permit number (if applicable).
* * * * *
    (iii) Vessel reporting requirements for skates. In addition to the 
requirements under paragraph (b)(1)(i) of this section, the owner or 
operator of any vessel issued a skate permit shall report the species 
of all skates landed. Species of skates shall be identified according 
to the following categories: Winter skate, little skate, little/winter 
skate, barndoor skate, smooth skate, thorny skate, clearnose skate, 
rosette skate, and unclassified skate. Discards of skates shall be 
reported according to two size classes, large skates (greater than or 
equal to 23 inches (58.42 cm) in total length) and small skates (less 
than 23 inches (58.42 cm) in total length). All other vessel reporting 
requirements remain unchanged. NOAA Fisheries will provide vessel 
owners or operators that intend to land skates with a skate 
identification guide to assist in this data collection program.
* * * * *

0
8. In Sec.  648.11, paragraphs (a) and (e) are revised to read as 
follows:


Sec.  648.11  At-sea sampler/observer coverage.

    (a) The Regional Administrator may request any vessel holding a 
permit for Atlantic sea scallops, NE multispecies, monkfish, skates, 
Atlantic mackerel, squid, butterfish, scup, black sea bass, bluefish, 
spiny dogfish, Atlantic herring, tilefish, or Atlantic deep-sea red 
crab; or a moratorium permit for summer flounder; to carry a NMFS-
approved sea sampler/observer.
* * * * *
    (e) The owner or operator of a vessel issued a summer flounder 
moratorium permit, a scup moratorium permit, a black sea bass 
moratorium permit, a bluefish permit, a spiny dogfish permit, an 
Atlantic herring permit, an Atlantic deep-sea red crab permit, a skate 
permit, or a tilefish permit, if requested by the sea sampler/observer, 
also must:
    (1) Notify the sea sampler/observer of any sea turtles, marine 
mammals, summer flounder, scup, black sea bass, bluefish, spiny 
dogfish, Atlantic herring, Atlantic deep-sea red crab, tilefish, skates 
(including discards) or other specimens taken by the vessel.
    (2) Provide the sea sampler/observer with sea turtles, marine 
mammals, summer flounder, scup, black sea bass, bluefish, spiny 
dogfish, Atlantic herring, Atlantic deep-sea red crab, skates, 
tilefish, or other specimens taken by the vessel.
* * * * *

0
9. In Sec.  648.12, the introductory text is revised to read as 
follows:


Sec.  648.12  Experimental fishing.

    The Regional Administrator may exempt any person or vessel from the 
requirements of subparts A (General provisions), B (Atlantic mackerel, 
squid, and butterfish), D (Atlantic sea scallop), E (Atlantic surf clam 
and ocean quahog), F (NE multispecies and monkfish), G (summer 
flounder), H (scup), I (black sea bass), J (Atlantic bluefish), K 
(Atlantic herring), L (spiny dogfish), M (Atlantic deep-sea red crab), 
N (tilefish), and O (skates) of this part for the conduct of 
experimental fishing beneficial to the management of the resources or 
fishery managed under that subpart. The Regional Administrator shall 
consult with the Executive Director of the MAFMC regarding such 
exemptions for the Atlantic mackerel, squid, butterfish, summer 
flounder, scup, black sea bass, spiny dogfish, bluefish, and tilefish 
fisheries.
* * * * *

0
10. In Sec.  648.13, paragraph (h) is added to read as follows:


Sec.  648.13  Transfers at sea.

* * * * *
    (h) Skates. (1) Except as provided in paragraph (h)(2) of this 
section, all persons or vessels issued a Federal skate permit are 
prohibited from transferring, or attempting to transfer, at sea any 
skates to any vessel, and all persons or vessels are prohibited from 
transferring, or attempting to transfer, at sea to any vessel any 
skates while in the EEZ, or skates taken in or from the EEZ portion of 
the Skate Management Unit.
    (2) Vessels and vessel owners or operators issued Federal skate 
permits under Sec.  648.4(a)(14) may transfer at sea skates taken in or 
from the EEZ portion of the Skate Management Unit provided:
    (i) The transferring vessel possesses on board a letter of 
authorization issued by the Regional Administrator as specified under 
Sec.  648.322(b);
    (ii) The vessel and vessel owner or operator comply with the 
requirements specified at Sec.  648.322(b);
    (iii) The transferring vessel maintains a record of the quantity of 
skates transferred according to the requirements at Sec.  648.7; and
    (iv) The transferring vessel provides the receiving vessel 
documentation showing the date and the amount of skates transferred, 
whether or not a monetary exchange is involved in the transfer, and the 
transferring vessel maintains onboard, for a minimum of 1 year from the 
date of the transfer, a copy of said documentation.

0
11. In Sec.  648.14, paragraphs (x)(13), (ee),(ff), and (gg) are added 
to read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (x) * * *
    (13) Skates. 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 all submitted 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 of 
the Skate Management Unit or only in state waters.
* * * * *
    (ee) In addition to the general prohibitions specified in Sec.  
600.725 of this chapter and in paragraph (a) of this section, it is 
unlawful for any person to fish for, possess, or land skates in or from 
the EEZ portion of the Skate Management Unit, unless in possession of a 
valid Federal skate vessel permit or onboard a federally permitted 
lobster vessel (i.e., transfer at sea recipient) while in possession of 
whole skates as bait only less than the maximum size specified at Sec.  
648.322(b)(2) and in accordance with Sec.  648.322(c).
    (ff) In addition to the general prohibitions specified in Sec.  
600.725 of this chapter and in paragraph (a) of this section, it is 
unlawful for any owner or operator of a vessel holding a valid Federal 
skate permit to do any of the following:
    (1) Fail to comply with the conditions of the skate wing possession 
and

[[Page 49701]]

landing limits for winter skates specified at Sec.  648.322, unless 
holding a letter of authorization to fish for and land skates as bait 
only at Sec.  648.322(b).
    (2) Fail to comply with the recordkeeping and reporting 
requirements of Sec.  648.7(a)(1)(iii) and (b)(1)(iii).
    (3) Transfer at sea or attempt to transfer at sea to any vessel, 
any skates taken in or from the EEZ portion of the Skate Management 
Unit, unless in compliance with the provisions of Sec. Sec.  648.13(b) 
and 648.322(b).
    (4) Purchase, possess, trade, barter or receive skates caught in 
the EEZ portion of the Skate Management Unit by a vessel that has not 
been issued a valid Federal skate permit under this part.
    (5) Fail to comply with the provisions of the DAS notification 
program specified in Sec. Sec.  648.53, 648.82, and 648.92, for the 
Atlantic sea scallop, NE multispecies, and monkfish fisheries, 
respectively, when issued a valid skate permit and fishing under the 
skate wing possession limits at Sec.  648.322.
    (6) Fish for, catch, possess, transport, land, sell, trade, or 
barter whole skates and skate wings in excess of the possession limits 
specified at Sec.  648.322.
    (7) Fail to comply with the restrictions under the SNE Trawl and 
Gillnet Exemption areas for the NE skate fisheries at Sec. Sec.  
648.80(b)(5)(i)(B) and 648.80(b)(6)(i)(B).
    (gg) In addition to the general prohibitions specified in Sec.  
600.725 of this chapter and in paragraph (a) of this section, it is 
unlawful for any owner or operator of a vessel holding a valid Federal 
permit to do any of the following:
    (1) Retain, possess, or land barndoor or thorny skates taken in or 
from the EEZ portion of the Skate Management Unit specified at Sec.  
648.2.
    (2) Retain, possess, or land smooth skates taken in or from the GOM 
RMA described at Sec.  648.80(a)(1)(i).

0
12. In Sec.  648.80, paragraphs (b)(5)(i)(C) and (b)(6)(i)(D) are added 
and paragraphs (b)(5) introductory text, (b)(5)(i)(A), (b)(6) 
introductory text, (b)(6)(i)(A), and (h)(2)(i)(8) are revised to read 
as follows:


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

* * * * *
    (b) * * *
    (5) SNE Monkfish and Skate Trawl Exemption Area. Unless otherwise 
required or prohibited by monkfish or skate regulations under this 
part, a vessel may fish with trawl gear in the SNE Monkfish and Skate 
Trawl Fishery Exemption Area when not operating under a NE multispecies 
DAS if the vessel complies with the requirements specified in paragraph 
(b)(5)(i) of this section and the monkfish and skate regulations, as 
applicable under this part. The SNE Monkfish and Skate Trawl Fishery 
Exemption Area is defined as the area bounded on the north by a line 
extending eastward along 40[deg]10' N. lat., and bounded on the west by 
the western boundary of the SNE Exemption Area as defined in paragraph 
(b)(10)(ii) of this section.
    (i) * * *
    (A) A vessel fishing under this exemption may only fish for, 
possess on board, or land monkfish and incidentally caught species up 
to the amounts specified in paragraph (b)(3) of this section.
* * * * *
    (C) A vessel not operating under a multispecies DAS may fish for, 
possess on board, or land skates, provided:
    (1) The vessel is called into the monkfish DAS program (Sec.  
648.92) and complies with the skate possession limit restrictions at 
Sec.  648.322; or
    (2) The vessel has an LOA on board to fish for skates as bait only, 
and complies with the requirements specified at Sec.  648.322(b); or
    (3) The vessel possesses and/or lands skates or skate parts in an 
amount not to exceed 10 percent by weight of all other species on board 
as specified at Sec.  648.80(b)(3).
* * * * *
    (6) SNE Monkfish and Skate Gillnet Exemption Area. Unless otherwise 
required by monkfish regulations under this part, a vessel may fish 
with gillnet gear in the SNE Monkfish and Skate Gillnet Fishery 
Exemption Area when not operating under a NE multispecies DAS if the 
vessel complies with the requirements specified in paragraph (b)(6)(i) 
of this section, the monkfish regulations, as applicable under 
Sec. Sec.  648.91 through 648.94, and the skate regulations, as 
applicable under Sec. Sec.  648.4 and 648.322. The SNE Monkfish and 
Skate Gillnet Fishery Exemption Area is defined by a line running from 
the Massachusetts shoreline at 41[deg]35' N. lat. and 70[deg]00' W. 
long., south to its intersection with the outer boundary of the EEZ, 
southwesterly along the outer boundary of the EEZ, and bounded on the 
west by the western boundary of the SNE Exemption Area as defined in 
paragraph (b)(10)(ii) of this section.
    (i) * * *
    (A) A vessel fishing under this exemption may only fish for, 
possess on board, or land monkfish and incidentally caught species up 
to the amounts specified in paragraph (b)(3) of this section.
* * * * *
    (D) A vessel not operating under a NE multispecies DAS may fish 
for, possess on board, or land skates, provided:
    (1) The vessel is called into the monkfish DAS program (Sec.  
648.92) and complies with the skate possession limit restrictions at 
Sec.  648.322; or
    (2) The vessel has an LOA on board to fish for skates as bait only, 
and complies with the requirements specified at Sec.  648.322(b); or
    (3) The vessel possesses and/or lands skates or skate parts in an 
amount not to exceed 10 percent by weight of all other species on board 
as specified at Sec.  648.80(b)(3).
* * * * *
    (h) * * *
    (2) * * *
    (i) * * *
    (8) The vessel does not fish for, possess, or land any species of 
fish other than winter flounder and the exempted small-mesh species 
specified under paragraphs (a)(5)(i), (a)(9)(i), (b)(3), and (c)(4) of 
this section when fishing in the areas specified under paragraphs 
(a)(5), (a)(9), (b)(10), and (c)(5) of this section, respectively. 
Vessels fishing under this exemption in New York and Connecticut state 
waters and permitted to fish for skates may also possess and land 
skates in amounts not to exceed 10 percent by weight of all other 
species on board.

0
13. Subpart O is added to read as follows:

Subpart O--Management Measures for the NE Skate Complex Fisheries

Sec.
648.320 Skate FMP review and monitoring.
648.321 Framework adjustment process.
648.322 Skate possession and landing restrictions.

Subpart O--Management Measures for the NE Skate Complex Fisheries


Sec.  648.320  Skate FMP review and monitoring.

    (a) Annual review. The Council, its Skate Plan Development Team (), 
and its Skate Advisory Panel shall monitor the status of the fishery 
and the skate resources following implementation of the Skate FMP.
    (1) Starting 1 year after implementation of the Skate FMP, the 
Skate PDT shall meet at least annually to review the status of the 
species in the skate complex. At a minimum, this review shall include 
annual updates to survey indices and a re-evaluation of stock status 
based on the updated

[[Page 49702]]

survey indices and the FMP's overfishing.
    (2) If new and/or additional information becomes available, the 
Skate PDT shall consider it during this annual review. Based on this 
review, the shall provide guidance to the Skate Committee and the 
Council regarding the need to adjust measures in the Skate FMP to 
better achieve the FMP's objectives. Any suggested revisions to 
management measures may be implemented through the framework process 
specified in Sec.  648.321, or through an amendment to the FMP.
    (3) For overfished skate species, the Skate PDT and the Council 
will monitor the trawl survey index as a proxy for stock biomass. As 
long as the 3-year average of the appropriate weight per tow increases 
above the average for the previous 3 years, it is assumed that the 
stock is rebuilding to target levels. If the 3-year average of the 
appropriate survey mean weight per tow declines below the average for 
the previous 3 years, then the Council is required to take management 
action to ensure that stock rebuilding will continue to target levels.
    (b) Biennial review. The Skate shall prepare a biennial Stock 
Assessment and Fishery Evaluation (SAFE) Report for the NE skate. The 
SAFE shall be the primary vehicle for the presentation of all updated 
biological and socio-economic information regarding the NE skate 
complex and its associated fisheries. The SAFE report shall provide 
source data for any adjustments to the management measures that may be 
needed to continue to meet the goals and objectives of the FMP.
    (c) Baseline review--(1) Baseline review process. If the Council 
initiates an action in another FMP that may make less restrictive one 
or more of the baseline measures described in paragraph (c)(2) of this 
section and as identified in the Skate FMP, or that may change one or 
more of the baseline measures such that the change is likely to have an 
effect on the overall mortality for a species of skate subject to a 
formal rebuilding program, the Skate PDT shall take the following 
action prior to the Council's final decision on the initiating action:
    (i) Evaluate the potential impacts of the proposed changes on 
rebuilding skate populations and overall mortality for the skate 
species subject to a formal rebuilding program, and develop, if the 
action would be inconsistent with the rebuilding plans, management 
measures (or modifications to the proposed action) to mitigate the 
impacts of the changes to the baseline measure(s) on rebuilding skates.
    (ii) If the Skate PDT recommends management measures to mitigate 
impacts, the Council shall include in the initiating action management 
measures to offset the changes to the baseline measures. The management 
measures recommended by the Council may be one or more of the measures 
recommended by the Skate PDT, or other suitable measures developed by 
the Council.
    (iii) If the Council fails to include in the initiating action 
management measures to offset the changes to the baseline measures when 
the Skate PDT recommends action, and cannot justify this lack of 
action, the Regional Administrator may implement one or more of the 
measures recommended by the Skate PDT through rulemaking consistent 
with the Administrative Procedure Act.
    (2) Baseline measures. The baseline review process, as described in 
paragraph (c)(1) of this section, is initiated by changes to any of the 
following management measures:
    (i) NE Multispecies year-round closed areas (Sec.  648.81);
    (ii) NE Multispecies DAS restrictions (Sec.  648.82);
    (iii) Gillnet gear restrictions (Sec.  648.82(k));
    (iv) Lobster restricted gear areas (Sec.  697.23);
    (v) Gear restrictions for small mesh fisheries (Sec.  648.80(a)(5), 
(a)(9), and (a)(15));
    (vi) Monkfish DAS restrictions for Monkfish-Only permit holders 
(Sec.  648.92); or
    (vii) Scallop DAS restrictions (Sec.  648.53).


Sec.  648.321  Framework adjustment process.

    (a) Adjustment process. To implement a framework adjustment for the 
Skate FMP, the Council shall develop and analyze proposed actions over 
the span of at least two Council meetings (the initial meeting agenda 
must include notification of the impending proposal for a framework 
adjustment) and provide advance public notice of the availability of 
both the proposals and the analyses. Opportunity to provide written and 
oral comments shall be provided throughout the process before the 
Council submits its recommendations to the Regional Administrator.
    (1) Council review and analyses. In response to the annual review, 
or at any other time, the Council may initiate action to add or adjust 
management measures if it finds that action is necessary to meet or be 
consistent with the goals and objectives of the Skate FMP. After a 
framework action has been initiated, the Council will develop and 
analyze appropriate management actions within the scope of measures 
specified at Sec.  648.321(b). The Council will publish notice of its 
intent to take action and provide the public with any relevant analyses 
and opportunity to comment on any possible actions. Documentation and 
analyses for the framework adjustment shall be available at least 1 
week before the final meeting.
    (2) Council recommendation. After developing management actions and 
receiving public testimony, the Council may make a recommendation to 
the Regional Administrator. The Council's recommendation shall include 
supporting rationale, an analysis of impacts required under paragraph 
(a)(1) of this section and a recommendation to the Regional 
Administrator on whether to issue the management measures as a final 
rule. If the Council recommends that the management measures should be 
issued directly as a final rule, the Council shall consider at least 
the following factors and provide support and analysis for each factor 
considered:
    (i) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether regulations have to be in place for an 
entire harvest/fishing season;
    (ii) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the Council's recommended management measures;
    (iii) Whether there is an immediate need to protect the resource or 
to impose management measures to resolve gear conflicts; and
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (3) If the Regional Administrator concurs with the Council's 
recommended management measures, they shall be published in the Federal 
Register. If the Council's recommendation is first published as a 
proposed rule and the Regional Administrator concurs with the Council's 
recommendation after receiving additional public comment, the measures 
shall then be published as a final rule in the Federal Register.
    (4) If the Regional Administrator approves the Council's 
recommendations, the Secretary may, for good cause found under the 
standard of the Administrative Procedure Act, waive the requirement for 
a proposed rule and opportunity for public comment in the Federal 
Register. The Secretary, in so doing, shall publish

[[Page 49703]]

only the final rule. Submission of recommendations does not preclude 
the Secretary from deciding to provide additional opportunity for prior 
notice and comment in the Federal Register.
    (5) The Regional Administrator may approve, disapprove, or 
partially approve the Council's recommendation. If the Regional 
Administrator does not approve the Council's specific recommendation, 
the Regional Administrator must notify the Council in writing of the 
reasons for the action prior to the first Council meeting following 
publication of such decision.
    (b) Possible framework adjustment measures. Measures that may be 
changed or implemented through framework action, provided that any 
corresponding management adjustments can also be implemented through a 
framework adjustment, include:
    (1) Skate permitting and reporting;
    (2) Skate overfishing definitions and related targets and 
thresholds;
    (3) Prohibitions on possession and/or landing of individual skate 
species;
    (4) Skate possession;
    (5) Skate closed areas (and consideration of exempted gears and 
fisheries);
    (6) Seasonal skate fishery restrictions and specifications;
    (7) Target TACs for individual skate species;
    (8) Hard TACs/quotas for skates, including species-specific quotas, 
fishery quotas, and/or quotas for non-directed fisheries;
    (9) Establishing a mechanism for TAC set-asides to mitigate , 
conduct scientific research, or for other reasons;
    (10) Onboard observer requirements;
    (11) Gear modifications, requirements, restrictions, and/or 
prohibitions;
    (12) Minimum and/or maximum sizes for skates;
    (13) Adjustments to exemption area requirements, area coordinates 
and/or management lines established by the FMP;
    (14) Measures to address protected species issues, if necessary;
    (15) Description and identification of EFH;
    (16) Description and identification of habitat areas of particular 
concern;
    (17) Measures to protect EFH;
    (18) Adjustments and or/resetting of the ``baseline'' of management 
measures in other, described in Sec.  648.320(c);
    (19) OY and/or MSY specifications; and
    (20) Any other measures contained in the FMP.
    (c) Emergency action. Nothing in this section is meant to derogate 
from the authority of the Secretary to take emergency action under 
section 305(c) of the Magnuson-Stevens Act.


Sec.  648.322  Skate possession and landing restrictions.

    (a) Skate wing possession and landing limit. A vessel or operator 
of a vessel that has been issued a valid Federal skate permit under 
this part, provided the vessel 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 
paragraph (b) of this section, may fish for, possess, and/or land up to 
the allowable daily and per trip limits specified as follows:
    (1) Possess up to 20,000 lb (9,072 kg) of skate wings (45,400 lb 
(20,593 kg) whole weight) per trip of greater than 24 hours in 
duration; or
    (2) Land up to 10,000 lb (4,536 kg) of skate wings (22,700 lb 
(10,296 kg) whole weight) per trip of 24 hours or less in duration.
    (b) 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, provided that the following requirements and conditions 
are met:
    (1) The vessel owner or operator obtains an LOA. LOAs are available 
upon request from the Regional Administrator.
    (2) The vessel owner/operator possesses and/or lands only whole 
skates less than 23 inches (58.42 cm) total length.
    (3) The vessel owner or operator fishes for, possesses, or lands 
skates only for use as bait.
    (4) Vessels that fish for, possess, and/or land any combination of 
skate wings and whole skates less than 23 inches (58.42 cm) total 
length must comply with the possession limit restrictions under 
paragraph (a) of this section for all skates or skate parts on board.
    (5) Any vessel owner/operator meets the requirements at Sec.  
648.13(h).
    (6) The vessel owner or operator possesses and lands skates in 
compliance with this subpart for a minimum of 1 month.
    (c) Prohibitions on possession of skates. All vessels fishing in 
the EEZ portion of the Skate Management Unit are subject to the 
following prohibitions:
    (1) A vessel may not retain, possess, or land barndoor or thorny 
skates taken in or from the EEZ portion of the Skate Management 
Unit.(2) A vessel may not retain, possess, or land smooth skates taken 
in or from the GOM RMA described at Sec.  648.80(a)(1)(i).
[FR Doc. 03-21205 Filed 8-18-03; 8:45 am]
BILLING CODE 3510-22-S