[Federal Register Volume 74, Number 247 (Monday, December 28, 2009)]
[Proposed Rules]
[Pages 68564-68565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30693]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

RIN 0648-AW30


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast 
Skate Complex Fishery; Amendment 3 to the Northeast Skate Complex 
Fishery Management Plan

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

ACTION: Notice of availability of a fishery management plan amendment; 
request for comments.

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SUMMARY: NMFS announces that the New England Fishery Management Council 
(Council) has submitted Amendment 3 to the Northeast Skate Complex 
Fishery Management Plan (FMP) (Amendment 3), incorporating a Final 
Environmental Impact Statement (FEIS) and an Initial Regulatory 
Flexibility Analysis (IRFA), for review by the Secretary of Commerce. 
NMFS is requesting comments from the public on Amendment 3, which was 
developed by the Council to rebuild overfished skate stocks and 
implement annual catch limits (ACLs) and accountability measures (AMs) 
consistent with the requirements of the reauthorized Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act). 
Amendment 3 would implement a rebuilding plan for smooth skate and 
establish an ACL and annual catch target (ACT) for the skate complex, 
total allowable landings (TAL) for the skate wing and bait fisheries, 
seasonal quotas for the bait fishery, reduced possession limits, in-
season possession limit triggers, and other measures to improve 
management.

DATES: Comments must be received on or before February 26, 2010.

ADDRESSES: An FEIS was prepared for Amendment 3 that describes the 
proposed action and its alternatives and provides a thorough analysis 
of the impacts of proposed measures and their alternatives. Copies of 
Amendment 3, including the FEIS and the IRFA, are available from Paul 
J. Howard, Executive Director, New England Fishery Management Council, 
50 Water Street, Newburyport, MA 01950. These documents are also 
available online at http://www.nefmc.org.
    You may submit comments, identified by 0648-AW30, by any one of the 
following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal: http://www.regulations.gov.
     Fax: (978) 281-9135, Attn: Tobey Curtis.
     Mail: Patricia A. Kurkul, Regional Administrator, NMFS, 
Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930. 
Mark the outside of the envelope, ``Comments on Skate Amendment 3.''
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All personal identifying information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit confidential business information or 
otherwise sensitive or protected information. NMFS will accept 
anonymous comments. Attachments to electronic comments will be accepted 
in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Tobey Curtis, Fishery Policy Analyst, 
(978) 281-9273; fax: (978) 281-9135.

[[Page 68565]]


SUPPLEMENTARY INFORMATION:

Background

    In 2003, NMFS implemented the Skate FMP to manage a complex of 
seven skate species in the Northeast Region: winter (Leucoraja 
ocellata); little (L. erinacea); thorny (Amblyraja radiata); barndoor 
(Dipturus laevis); smooth (Malacoraja senta); clearnose (Raja 
eglanteria); and rosette (L. garmani). The FMP established biological 
reference points and overfishing definitions for each species based on 
abundance indices in the Northeast Fisheries Science Center bottom 
trawl survey. In February 2007, NMFS informed the Council that, based 
on trawl survey data updated through 2006, winter skate was considered 
overfished. The Council was therefore required to initiate a rebuilding 
plan for winter skate, consistent with the Magnuson-Stevens Act.
    At the time the amendment was initiated, the objectives of 
Amendment 3 were to rebuild winter skate and thorny skate (a species 
that has been overfished since FMP implementation) to their respective 
biomass targets, and to implement ACLs and AMs for the skate complex, 
consistent with the reauthorized Magnuson-Stevens Act. However, over 
the course of developing the amendment, the objectives were modified to 
reflect more recent scientific information. Primarily, this includes 
the results of a new stock assessment completed in December 2008 by the 
Northeast Data Poor Stocks Working Group (DPWG). This assessment 
updated the minimum biomass thresholds and biomass targets for six of 
the seven skate species in the complex, resulting in a change in status 
for some species.
    These new biomass reference points, as well as the most recent 
trawl survey data, indicate that winter skate is not overfished; 
however, thorny skates remain overfished, and smooth skates are now 
also considered to be overfished. Thorny skate was also determined to 
be experiencing overfishing in 2007 (but not in 2008); therefore, under 
the requirements of the reauthorized Magnuson-Stevens Act, the Skate 
FMP must be amended to establish a rebuilding plan for smooth skate and 
establish ACLs and AMs by 2011. The final objectives of Amendment 3 are 
to rebuild smooth and thorny skate, promote biomass increases in other 
skate stocks, and implement ACLs and AMs for the skate complex.
    Amendment 3 includes the following management measures: New 
biological reference points reflecting the results of the DPWG; a new 
ACL framework that includes an ACT (22,982 mt per year) and TAL (9,427 
mt per year) allocated to the skate wing (66.5 percent) and bait (33.5 
percent) fisheries; reduced possession limits for the skate wing and 
bait fisheries; in-season possession limit triggers to slow the rate of 
landings as the TAL is approached; AMs for ACL and TAL overages; and 
new annual review and specifications procedures.
    Public comments are being solicited on Amendment 3 and its 
incorporated documents through the end of the comment period stated in 
this notice of availability. A proposed rule that would implement 
Amendment 3 will be published in the Federal Register for public 
comment. Public comments on the proposed rule must be received by the 
end of the comment period provided in this notice of availability of 
Amendment 3 to be considered in the approval/disapproval decision on 
the amendment. All comments received by February 26, 2010, whether 
specifically directed to Amendment 3 or the proposed rule for Amendment 
3, will be considered in the approval/disapproval decision on Amendment 
3. Comments received after that date will not be considered in the 
decision to approve or disapprove Amendment 3. To be considered, 
comments must be received by close of business on the last day of the 
comment period.

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

    Dated: December 22, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E9-30693 Filed 12-24-09; 8:45 am]
BILLING CODE 3510-22-P