[Federal Register Volume 76, Number 95 (Tuesday, May 17, 2011)]
[Rules and Regulations]
[Pages 28328-28332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12068]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 110218142-1276-02]
RIN 0648-BA91


Fisheries of the Northeastern United States; Northeast Skate 
Complex Fishery; Framework Adjustment 1

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule implements approved measures in Framework 
Adjustment 1 to the Northeast Skate Complex Fishery Management Plan 
(Skate FMP). Framework Adjustment 1 was developed by the New England 
Fishery Management Council (Council) to adjust the possession limits 
for the skate wing fishery in order to slow the rate of skate wing 
landings, so that the available Total Allowable Landings limit (TAL) is 
taken by the fishery over a longer duration in the fishing year (FY) 
than occurred in FY 2010, thus ensuring a steady market supply. The 
action would also allow vessels that process skate wings at sea to land 
skate carcasses for sale into the bait market, without counting the 
carcass landings against the TAL (skate wings are already converted to 
live weight for monitoring). Although recommended by the Council as 
part of Framework 1, this final rule announces that NMFS has 
disapproved a proposal to increase the incidental possession limit for 
skate wings that would apply after the skate wing possession limit 
trigger is reached. This final rule does not adjust the skate fishery 
specifications for FY 2011.

DATES: Effective May 17, 2011.

ADDRESSES: An environmental assessment (EA) was prepared for Framework 
Adjustment 1 that describes the proposed action and other considered 
alternatives, and provides a thorough analysis of the impacts of the 
proposed measures and alternatives. Copies of Framework 1, the EA, and 
the Initial Regulatory Flexibility Analysis (IRFA) are available on 
request from Paul J. Howard, Executive Director, New England Fishery 
Management Council (Council), 50 Water Street, Newburyport, MA 01950. 
These documents are also available online at http://www.nefmc.org.

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

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) (68 FR 49693, August 19, 2003). 
The FMP established biological reference points and overfishing 
definitions for each species based on abundance indices in the NMFS 
Northeast Fisheries Science Center bottom trawl survey.
    Amendment 3 to the Skate FMP, which was implemented in July 2010, 
instituted an annual catch limit (ACL) and accountability measures 
(AMs) for the skate fishery (75 FR 34049, June 16, 2010). To ensure 
that the ACL is not exceeded, regulations implementing Amendment 3 
established a possession limit of 5,000 lb (2,268 kg) of skate wings 
(11,350 lb (5,148 kg) whole weight) per trip for the skate wing 
fishery, and an AM that further reduces the wing fishery possession 
limit to an incidental level of 500 lb (227 kg) of skate wings (1,135 
lb (515 kg) whole weight) when 80 percent of the TAL for the wing 
fishery is reached. In FY 2010, the combination of increased landings 
of skate wings and a delay in implementation of the 5,000-lb (2,268-kg) 
skate wing possession limit resulted in the fishery reaching the 80-
percent TAL trigger in early September. Consequently, the skate wing 
fishery was limited to the incidental possession limit of 500 lb (227 
kg) of skate wings per trip from September 3, 2010, through the end of 
FY 2010 on April 30, 2011.
    Asserting that the imposition of the 500-lb (227-kg) skate wing 
possession limit so early in the FY caused disruptions in the supply of 
skate wings, economic hardship on fishing vessels and dealers, and 
threatened to undermine the market position of U.S. suppliers, members 
of the skate wing fishing industry requested that the Council consider 
options to mitigate the potential for this situation to be repeated in 
FY 2011. In November 2010, the Council initiated Framework 1 to change 
the skate wing possession limits in order to maximize the duration of 
the skate fishing season in FY 2011. In January 2011, the Council 
approved Framework 1 and recommended that NMFS implement new possession 
limits for the skate wing fishery. On April 4, 2011, NMFS published a 
proposed rule (76 FR 18505) identifying the proposed measures in 
Framework 1 and informing the public of its intention to disapprove one 
measure recommended by the Council. Comments on the proposed rule were 
accepted through April 19, 2011.

Approved Measures

    NMFS has approved the following changes to the regulations 
governing the skate fishery as proposed by the Council in Framework 1:
    1. The skate wing fishery possession limit is changed from 5,000 lb 
(2,268 kg) of skate wings per trip to 2,600 lb (1,179 kg) per trip from 
May 1 through August 31, and 4,100 lb (1,860 kg) per trip from 
September 1 through April 30;
    2. The skate wing fishery incidental possession limit trigger is 
changed from 80 percent of the skate wing TAL to 85 percent of the 
skate wing TAL; and
    3. The regulations governing the allowable forms of skates that may 
be possessed and landed is changed to allow the landing of skate 
carcasses separate from skate wings.
    The rationale for the Council's proposed measures in Framework 1 
was provided in the preamble to the proposed rule for this action and 
is not repeated here. Regarding the change to the allowable forms of 
skates that may be possessed and landed, skates may now be possessed or 
landed either as wings only, wings with associated carcasses possessed 
separately, in whole form, or any combination of the three, provided 
that the weight of skate carcasses does not exceed 1.27 times the 
weight of skate wings on board. This ratio, based upon established 
wing-to-whole weight conversion factor for skates, is intended to 
assure that the only carcasses possessed and landed correspond to 
skates that have had their wings removed and are retained by the vessel 
for sale. When any combination of wings, carcasses, and whole skates 
are possessed, the possession limit is based on the equivalent whole 
weight limit where wing weight is converted to whole weight using the 
wing to whole weight conversion factor of 2.27. For example, a vessel 
possessing 100 lb

[[Page 28329]]

(45.4 kg) of skate wings would be considered to possess the equivalent 
of 227 lb (103.1 kg) of whole skates (100 lb x 2.27 = 227 lb (103.1 
kg)). If that vessels possessed both wings and carcasses, it could have 
100 lb (45.4 kg) of skate wings and 127 lb (57.6 kg) of carcasses (100 
lb skate wings x 1.27 = 127 lb (57.6 kg)). Note that the sum of the two 
products must not exceed the applicable whole weight possession limit. 
This action is not intended to allow the landing of skate carcasses 
without the associated skate wings.

Disapproved Measure

    NMFS has disapproved a measure proposed by the Council in Framework 
1 to increase the skate wing fishery incidental possession limit (the 
limit that applies to all landings of skate wings once landings reach 
the appropriate TAL trigger percentage) from 500 lb (227 kg) of skate 
wings per trip to 1,250 lb (567 kg) per trip. NMFS has disapproved this 
measure because it is inconsistent with National Standard 2, which 
requires the use of the best available scientific information for 
ensuring compliance with the objectives of Amendment 3 to the Skate FMP 
(which established management measures designed to prevent the TAL from 
being exceeded) and of this framework action (which is designed to 
lengthen the duration of the directed skate wing fishing season). 
Therefore, the skate wing incidental possession limit remains at 500 lb 
(227 kg) of skate wings per trip. Disapproving the change in the 
incidental limit does not affect the other measures in this action. For 
a fuller explanation of the rationale for disapproving this proposed 
measure, see the Comments and Responses section below.

Comments and Responses

    NMFS received seven comments on the proposed rule: One letter from 
the Council; three letters on behalf of commercial fishing 
associations; and three letters from individual commercial fishermen. 
This section summarizes the principle comments contained in the 
individual comment letters that pertained to Framework 1 and the 
proposed rule, and NMFS's response to those comments.
    Comment 1: One letter expressed frustration that the skate TAL will 
not increase this year.
    Response: Although recent survey data show promising increases in 
survey catch for some of the species in the skate complex, not all 
species are doing well. Skates are managed as a complex, and because 
the specifications (ABC, ACL, TAL) are set for the overall complex 
rather than for particular species, increases in survey catches for one 
or two species do not necessarily immediately translate into allowable 
increases in the specifications for the complex as a whole. The recent 
survey data are being considered by the Council as it begins the 
process to develop and recommend specifications for the 2012-2013 FYs.
    Comment 2: Another letter raised concerns regarding the impacts 
Framework 1 may have on non-federally permitted fishermen fishing in 
Rhode Island state waters.
    Response: This action makes no changes to the regulations governing 
fishermen without Federal permits fishing only in state waters. Any 
future changes to such regulations made by a state, such as Rhode 
Island, are beyond the purview of NMFS's control and this action.
    Comment 3: The remaining five letters, including that of the 
Council, all expressed the same concern regarding NMFS's stated intent 
to disapprove the proposed change to the incidental possession limit 
and requested that we reconsider this decision. The commenters 
acknowledge that the higher incidental possession limit, in conjunction 
with the increased TAL trigger, could result in an overage of the TAL, 
but suggest that this should not be a concern because there may be an 
increase in the ABC later this year that results from current work 
being done by the Council's Plan Development Team (PDT) and Scientific 
and Statistical Committee (SSC).
    Response: The changes implemented under Framework 1 must remain 
consistent with the current best available science, and any future 
actions to change the ABC based on new advice from the Council's SSC 
would be the appropriate vehicle to consider modifying the associated 
management measures, such as the possession limits, to be consistent 
with such a revised ABC. The Council's recommendation to change the 
trigger point at which the incidental possession limit is imposed is 
also an attempt to lengthen the duration of the directed skate wing 
fishery. However, based on the analysis prepared by the Council's Skate 
PDT and presented to the Council at its January 2011 meeting, the 
combination of a 1,250-lb (567-kg) incidental possession limit and an 
85-percent trigger point would be expected to result in landings 
exceeding the skate wing TAL by more than 7 percent.
    Amendment 3 to the Skate FMP established the TAL as the limit for 
skate landings, taking into account the needs of the skate wing and 
bait fisheries (i.e., allocating the overall skate TAL to the skate 
wing and bait fisheries according to specific percentages), discards of 
skates in all fisheries that encounter skates, and the biological 
status of the resource. The management measures implemented in 
Amendment 3 were designed to constrain overall skate landings to the 
TAL, and, in situations in which a TAL is exceeded, the Amendment 3 
regulations require automatic adjustments to the TAL trigger threshold 
(on a point-for-point basis). If the wing TAL were to be exceeded by 7 
percent, as the Council's analysis indicates is likely, then the 
Amendment 3 regulations would require the TAL trigger for the following 
FY to be reduced from 85 percent of the TAL to 78 percent of the TAL, 
forcing an even earlier transition to the incidental possession limit. 
This result would be inconsistent with the intent of Framework 1 
(implementing measures to extend the length of the directed skate wing 
fishery) and the objectives of Amendment 3 (implementing measures to 
constrain landings to within the available TAL) to alter both the 
incidental skate wing possession limit and the TAL trigger point, as 
proposed by the Council; the measure to increase the TAL trigger from 
80 percent to 85 percent would likely be undone due to a 7-percent 
overage that would require the trigger point to be reduced to 78 
percent in the following FY. This would be counter-productive to the 
Council's stated intent of increasing the TAL trigger point in the 
first place, which is to lengthen the duration of the directed fishing 
season. Even under the current 500-lb (227-kg) incidental limit, catch 
continued to be high, and in FY 2010 the fishery likely exceeded the 
wing TAL by 6-7 percent. The Council's analysis suggests that the 
trigger point can be increased to 85 percent of the TAL if the 
incidental wing limit is maintained at the current 500-lb (227-kg) 
level, while still remaining within the TAL. Thus, NMFS has disapproved 
the proposed increase to the incidental skate wing possession limit 
because it would be inconsistent with National Standard 2 requiring the 
use of the best available scientific information for ensuring 
compliance with the objectives of Amendment 3 to the Skate FMP (which 
established management measures designed to prevent the TAL from being 
exceeded) and of this framework action (which is designed to lengthen 
the duration of the directed skate wing fishing season). Accordingly, 
the incidental skate wing possession

[[Page 28330]]

limit at Sec.  648.322(b)(2) remains at 500 lb (227 kg).

Changes From the Proposed Rule

    In Sec.  648.322(b)(2), the proposed change to the incidental skate 
wing possession limit is not included in this final rule due to the 
disapproval of this proposed measure.

Classification

    The Administrator, Northeast Region, NMFS, determined that 
Framework 1 is necessary for the conservation and management of the 
skate fishery and that it is consistent with the Magnuson-Stevens 
Fishery Conservation and Management Act and other applicable laws.
    The Office of Management and Budget has determined that this 
proposed rule is not significant for the purposes of Executive Order 
12866.
    Under the Administrative Procedure Act, an agency may waive the 30-
day delay in the effectiveness of a final rule following publication 
where the rule relieves a restriction, is an interpretive rule or 
statement of policy, or for other good cause found by the agency. 5 
U.S.C. Sec.  553(d). Pursuant to this provision, NMFS finds good cause 
to waive the delay in effectiveness requirement because such delay is 
contrary to the public interest and unnecessary.
    The purpose of this rule is to slow the rate of skate wing landings 
and thereby preserve and extend the skate wing harvest throughout the 
whole fishing year. Delaying this rule's effectiveness would risk 
shortening the skate wing harvest, and is therefore contrary to the 
public's interest in maintaining the harvest throughout the fishing 
year. Additionally, a delay in the rule's effectiveness is unnecessary 
because the rule imposes no new requirements on the regulated 
community, and instead expands the scope of acceptable fishing 
practices in the skate wing fishery. Thus, even if the rule is 
effective immediately, the regulated entities can continue their 
current practices and remain in compliance with the new regulations. 
Moreover, delaying the effectiveness of this rule may result in 
economic harm to vessels that must currently land their skates either 
in whole form, and process the fish into wings and carcasses for 
separate markets upon landing, or must discard the carcasses at sea, 
practices that increase waste and reduce the economic yield from the 
skate resource. Because the 30-day delay in effectiveness of this rule 
is contrary to the public interest and unnecessary, pursuant to 5 
U.S.C. Sec.  553(d), the Assistant Administrator finds good cause to 
waive the 30-day delay in effective date.
    Pursuant to section 604 of the Regulatory Flexibility Act (RFA), 
NMFS has prepared a Final Regulatory Flexibility Analysis (FRFA) in 
support of Framework 1. The FRFA incorporates the IRFA, a summary of 
the significant issues raised by the public comments in response to the 
IRFA, NMFS's responses to those comments, relevant analyses contained 
in the Framework and its EA and a summary of the analyses completed to 
support the action in this rule. A copy of the analyses done in the 
Framework and EA is available from the Council (see ADDRESSES). A 
summary of the IRFA was published in the proposed rule for this action 
and is not repeated here. A description of why this action was 
considered, the objectives of, and the legal basis for this rule is 
contained in the preamble to the proposed rule and this final rule and 
is not repeated here.

A Summary of the Significant Issues Raised by the Public in Response to 
the IRFA, a Summary of the Agency's Assessment of Such Issues, and a 
Statement of Any Changes Made in the Proposed Rule as a Result of Such 
Comments

    Seven comments were received on the proposed rule and the 
framework. For a summary of the comments, and NMFS's responses to them, 
see the Comments and Responses section above. No changes were made to 
the rule as a result of the comments.

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

    The participants in the commercial skate fishery were defined using 
Northeast dealer reports to identify any vessel that reported having 
landed 1 lb (0.45 kg) or more of skates during calendar year 2010. 
These dealer reports identified 690 vessels that landed skates for the 
skate wing market in states from Maine to North Carolina out of 2,607 
vessels that held a Federal skate permit. Of the 690 vessels that 
landed at least 1 lb (0.45 kg) of skates for the wing market, 592 
vessels landed at least some amount of skates in wing form, and these 
vessels would be affected by the proposed change to allow vessels 
landing skate wings to also land the associated carcasses for sale as 
bait. All of these entities are considered small businesses by the 
Small Business Administration because they have annual receipts not 
totaling more than $4 million.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    This action does not introduce any new reporting, recordkeeping, or 
other compliance requirements. This proposed rule does not duplicate, 
overlap, or conflict with other Federal rules.

Description of the Steps the Agency Has Taken To Minimize the 
Significant Economic Impact on Small Entities Consistent With the 
Stated Objectives of Applicable Statutes

    The purpose of Framework 1 is to adjust the possession limits 
affecting the skate wing fishery in order to extend the duration of the 
fishing season during which the fishery could land skate wings at 
``directed'' levels (i.e., before the possession limits are reduced to 
incidental landings levels), while constraining the overall skate wing 
landings to remain within the TAL. To achieve these ends, the Council 
considered several alternatives for each of three principal management 
measures: (1) The primary possession limit affecting the directed skate 
wing fishery; (2) the trigger point (as a percentage of the TAL) at 
which the primary possession limit is reduced to a lower, incidental 
level of allowable landings; and (3) the possession limit that would be 
imposed once the possession limit trigger is reached.
    In approving several measures proposed in Framework 1, NMFS had to 
weigh the potential short-term economic impacts to individual fishermen 
of a reduced skate wing possession limit during May-August, when demand 
and price are generally lower (average of $0.33/lb during 2009 and 
2010), versus the longer-term benefits to the fishery as a whole of 
preserving more of the available TAL for the fall and winter months 
when demand and price are generally higher (average of $0.64/lb during 
2009 and 2010) and allowing higher levels of landings during this time. 
Implementation of this final rule is expected, on balance, to maximize 
fishing opportunities for skates throughout the FY and improve the 
profitability of the fishery. The other alternatives considered by the 
Council in the development of Framework 1 did not provide the same 
level of opportunity to preserve the available TAL for the fall and 
winter months and to then take advantage of the higher demand and 
prices by increasing the possession limit at that time. Therefore, 
through the implementation of the change to the skate wing possession 
limit, NMFS intends to minimize the

[[Page 28331]]

economic impacts to affected small entities to the extent practicable 
and consistent with applicable law.
    The change to the possession limit trigger point (from 80 percent 
of the TAL to 85 percent), is also expected to increase the duration of 
the directed fishing season, similarly improving the economic 
performance and profitability of the fishery. All other alternatives 
developed and considered by the Council for Framework 1 would have 
resulted in a shorter fishing season by imposing the more restrictive 
incidental possession limit at a lower trigger point. Therefore, 
through the implementation of the change to the possession limit 
trigger point, NMFS intends to minimize economic impact to affected 
small entities to the extent practicable and consistent with applicable 
law.
    The Council also proposed a change to the skate wing possession 
limit that would be imposed once the trigger point was reached. On its 
face, this appeared that it would have further increased the 
profitability of the skate fishery, by allowing higher landings on each 
fishing trip for the remainder of the FY. However, as the Council's own 
analysis indicated, such a change--in combination with the other 
proposed changes to the possession limit and the trigger point--would 
likely have ensured the fishery exceeds skate wing TAL by approximately 
7 percent. Because this result would require implementation of an AM 
that would have reversed the change to the possession limit trigger 
point, effectively shortening the fishing season in the following year, 
NMFS considers this proposed measure to be counter-productive and 
inconsistent with the Council's stated intent for Framework 1. 
Therefore, even though a higher incidental possession limit may have 
minimized short-term negative economic impacts to the affected fishing 
industry, NMFS has disapproved this measure to ensure that the TAL is 
not exceeded, and that such an AM is less likely to be required in 
future years.
    In addition to the primary alternatives considered in this action, 
the Council considered a change in the regulations to allow skate 
carcasses to be landed rather than discarded at sea. This proposed 
measure is expected to have no effect on the overall mortality of 
skates caught, but could result in marginal increases in per trip 
fishing revenue for vessels that cut skate wings at sea and land the 
remaining carcasses for sale as lobster bait (estimates range from 
approximately $360 per trip at the 2,600-lb (1,179-kg) possession limit 
to approximately $570 per trip at the 4,100-lb (1,860-kg) possession 
limit). Because the only significant alternative considered in this 
case is the status quo, under which the landing of skate carcasses 
would continue to be prohibited, the Council's proposed action in this 
case maximizes the potential revenue available to the fishing industry.

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 letter to permit holders that also serves as 
small entity compliance guide (the guide) was prepared. Copies of this 
final rule are available from the Northeast Regional Office, and the 
guide, i.e., permit holder letter, will be sent to all holders of 
permits for the skate fishery. The guide and this final rule will be 
available upon request, and posted on the Northeast Regional Office's 
Web site at http://www.nero.noaa.gov.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: May 12, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 648 is amended 
as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

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


0
2. In Sec.  648.322, revise paragraph (b) to read as follows:


Sec.  648.322  Skate allocation, possession, and landing provisions.

* * * * *
    (b) Skate wing possession and landing limits. 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, or is also a limited access 
multispecies vessel participating in an approved sector described under 
Sec.  648.87, unless otherwise exempted under Sec.  648.80 or paragraph 
(c) of this section, may fish for, possess, and/or land up to the 
allowable trip limits of skate wings (with appropriate whole weight 
equivalents) specified as follows:
    (1) Up to 2,600 lb (1,179 kg) of skate wings (5,902 lb (2,677 kg) 
whole weight) per trip from May 1 through August 31, and 4,100 lb 
(1,860 kg) of skate wings (9,307 lb (4,222 kg) whole weight) per trip 
from September 1 through April 30, except for a vessel fishing on a 
declared NE multispecies Category B DAS described under Sec.  
648.85(b), which is limited to no more than 220 lb (100 kg) of skate 
wings (500 lb (227 kg) whole weight) per trip (or any prorated 
combination of skate wings and whole skates based on the conversion 
factor for wing weight to whole weight of 2.27--for example, 100 lb 
(45.4 kg) of skate wings x 2.27 = 227 lb (103.1 kg) of whole skates).
    (2) In-season adjustment of skate wing possession limits. When the 
Regional Administrator projects that 85 percent of the annual skate 
wing fishery TAL has been landed, the Regional Administrator shall, 
through a notice in the Federal Register consistent with the 
Administrative Procedure Act, reduce the skate wing trip limit to 500 
lb (227 kg) of skate wings (1,135 lb (515 kg) whole weight, or any 
prorated combination of skate wings and whole skates based on the 
conversion factor for wing weight to whole weight of 2.27) for the 
remainder of the fishing year, unless such a reduction would be 
expected to prevent attainment of the annual TAL.
    (3) Incidental possession limit for vessels not under a DAS. A 
vessel issued a Federal skate permit that is not fishing under an 
Atlantic sea scallop, NE multispecies, or monkfish DAS as specified at 
Sec. Sec.  648.53, 648.82, and 648.92, respectively, or is a limited 
access multispecies vessel participating in an approved sector 
described under Sec.  648.87 but not fishing on one of the DAS 
specified at Sec. Sec.  648.53, 648.82, or 648.92, may retain up to 500 
lb (227 kg) of skate wings or 1,135 lb (515 kg) of whole skate, or any 
prorated combination of skate wings and whole skates based on the 
conversion factor for wing weight to whole weight of 2.27, per trip.
    (4) Allowable forms of skate landings. Except for vessels fishing 
under a skate bait letter of authorization as specified at Sec.  
648.322(c), a vessel may possess and/or land skates as wings only 
(wings removed from the body of the skate and the remaining carcass 
discarded), wings with associated carcasses possessed

[[Page 28332]]

separately (wings removed from the body of the skate but the associated 
carcass retained on board the vessel), or in whole (intact) form, or 
any combination of the three, provided that the weight of the skate 
carcasses on board the vessel does not exceed 1.27 times the weight of 
skate wings on board. When any combination of skate wings, carcasses, 
and whole skates are possessed and/or landed, the applicable possession 
or landing limit shall be based on the whole weight limit, in which any 
wings are converted to whole weight using the wing to whole weight 
conversion factor of 2.27. For example, if the vessel possesses 100 lb 
(45.4 kg) of skate wings, the whole weight equivalent would be 227 lb 
(103.0 kg) of whole skates (100 lb (45.4 kg) x 2.27), and the vessel 
could possess up to 127 lb (57.6 kg) of skate carcasses (100 lb (45.4 
kg) of skate wings x 1.27). A vessel may not possess and/or land skate 
carcasses and only whole skates.
* * * * *
[FR Doc. 2011-12068 Filed 5-16-11; 8:45 am]
BILLING CODE 3510-22-P