[Federal Register Volume 83, Number 129 (Thursday, July 5, 2018)]
[Proposed Rules]
[Pages 31354-31358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14348]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 180130101-8101-01]
RIN 0648-BH57


Fisheries of the Northeastern United States; Northeast Skate 
Complex; Framework Adjustment 5 and 2018-2019 Specifications

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

ACTION: Proposed rule; request for comments.

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SUMMARY: This rulemaking proposes regulations to approve and implement 
measures submitted by the New England Fishery Management Council in 
Framework Adjustment 5 and 2018-2019 Specifications to the Northeast 
Skate Complex Fishery Management Plan. This action would implement 
2018-2019 specifications, allow limited possession of barndoor skate in 
the skate wing fishery, and exempt vessels from some specific domestic 
skate regulations when fishing exclusively within the Northwest 
Atlantic Fisheries Organization Regulatory Area. The action is 
necessary to establish skate specifications to be consistent with the 
most recent scientific information, and improve management of the skate 
fisheries. This proposed action is intended to establish appropriate 
catch limits for the skate fishery and to provide additional 
operational flexibility to fishery participants.

DATES: Public comments must be received by August 6, 2018.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2018-0054, by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0054, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Michael Pentony, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930-2276. Mark the outside of the envelope: 
``Comments on Skate Framework Adjustment 5 and 2018-2019 
Specifications.''
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    New England Fishery Management Council staff prepared an 
environmental assessment (EA) for Northeast Skate Complex Framework 
Adjustment 5 and 2018-2019 Specifications that describes the proposed 
action and other considered alternatives. The EA provides an analysis 
of the biological, economic, and social impacts of the proposed 
measures and other considered alternatives, a preliminary Regulatory 
Impact Review, and economic analysis. Copies of the Framework 5 EA are 
available on request from Thomas A. Nies, Executive Director, New 
England Fishery Management Council, 50 Water Street, Newburyport, MA 
01950. This document is also available from the following internet 
addresses: http://www.nefmc.org and www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0054.

FOR FURTHER INFORMATION CONTACT: Debra Lambert, Fishery Policy Analyst, 
(301) 427-8560.

SUPPLEMENTARY INFORMATION:

Background

    The Northeast Skate Complex Fishery Management Plan (FMP), 
developed by the New England Fishery Management Council and implemented 
in 2003, manages a complex of seven skate species (barndoor, clearnose, 
little, rosette, smooth, thorny, and winter skate) off the New England 
and mid-Atlantic coasts. Skates are harvested and managed in two 
different fisheries: One for food (the wing fishery) and one for 
lobster bait (the bait fishery). Additional information on the skate 
fisheries can be found online at https://www.greateratlantic.fisheries.noaa.gov/sustainable/species/skate/index.html.
    The regulations implementing the Skate FMP at 50 CFR part 648, 
subpart O, outline the management procedures and measures for the skate 
fisheries. Specifications including the annual catch limit (ACL), 
annual catch target (ACT), total allowable landings (TAL) for the skate 
wing and bait fisheries, and possession limits may be specified for up 
to 2 years. The current specifications were implemented as part of 
Framework Adjustment 3 to the FMP and the 2016-2017 Specifications (81 
FR 54744; August 17, 2016). The Council is required to develop new 
specification recommendations for the 2018 and 2019 fishing years. 
Though the 2018 fishing year began on May 1, 2018, the existing

[[Page 31355]]

specifications and possession limits remain in effect until they are 
replaced. In addition to recommending specifications, the Council has 
recommended to allow limited possession of barndoor skate given that 
the stock is now rebuilt, and to exempt vessels from domestic skate 
regulations when fishing exclusively within the Northwest Atlantic 
Fisheries Organization (NAFO) Regulatory Area, except for the 
prohibition on possessing, retaining, or landing prohibited species.

Proposed Specifications

    In August 2017, the Council's Scientific and Statistical Committee 
reviewed updated information on the status of the 7 skate species and 
recommended an acceptable biological catch (ABC) of 31,327 mt for 
fishing years 2018 and 2019 (a slight increase from 31,081 mt in 2017). 
This ABC incorporates updated data from NMFS' trawl surveys and the new 
discard mortality estimate for winter skate in the sink gillnet fishery 
(14 percent, instead of the previously-assumed 50 percent). The ABC is 
based on the current default ABC control rule established in Amendment 
3. The control rule uses the median catch/biomass ratio as an estimate 
of exploitation rate applied to the three-year moving average biomass 
index. For these specifications of ABC, that includes using the 2015-
2017 spring survey data for little skate and the 2014-2016 fall survey 
data for the other managed skates.
    Both the Skate Advisory Panel and the Skate Committee met in 
September 2017 to discuss the skate specifications, following 
procedures in Amendment 3 to the FMP. The ACL for the skate complex is 
set equal to the ABC, and the ACT is specified at 75 percent of the ACL 
to account for scientific and management uncertainty. After deducting 
amounts for projected dead discards and state landings, the remaining 
catch is allocated as the wing and bait fisheries TALs. The Advisory 
Panel and Committee recommended specification measures to the Council 
who, in turn, has made recommendations to NMFS. NMFS is proposing the 
following specifications for the skate fisheries in 2018-2019 as 
recommended by the Council:
    1. An ABC and ACL of 31,327 mt;
    2. An ACT at 23,495 mt (75 percent of the ACL);
    3. A TAL of 8,749 mt for the wing fishery, that is divided into two 
seasons according to the current regulations at Sec.  648.322. In 
Season 1 (May 1-August 31), the TAL will be 4,987 mt (57 percent), and 
the remainder of the TAL allocated to Season 2 (September 1-April 30);
    4. Status quo possession limits for the wing fishery, as defined in 
Sec.  648.322(b): 2,600 lb (1,179 kg) of skate wings per trip in Season 
1, and 4,100 lb (1,860 kg) of wings per trip in Season 2 for vessels 
fishing on a Northeast multispecies, monkfish, or scallop day-at-sea 
(DAS). The Northeast Multispecies Category-B DAS possession limit 
remains at 220 lb (100 kg) skate wings per trip, and incidental 
possession limit for vessels not on a DAS remains at 500 lb (227 kg) 
wings per trip;
    5. A TAL of 4,408 mt for the bait fishery, that is divided into 
three seasons according to the current regulations at Sec.  648.322. In 
Season 1 (May 1-July 31), the TAL will be 1,358 mt (30.8 percent); in 
Season 2 (August 1-October 31) the TAL will be 1,635 mt (37.1 percent); 
and the remainder of the TAL (1,415 mt) is allocated to Season 3 
(November 1-April 30); and
    6. Status quo possession limits for the bait fishery, as defined in 
Sec.  648.322(c): The possession limit is 25,000 lb (11,340 kg) of 
whole skates per trip in Seasons 1 and 2, and 12,000 lb (5,443 kg) of 
whole skates per trip in Season 3, for vessels carrying a Skate Bait 
Letter of Authorization.

Proposed Measures To Allow Possession of Barndoor Skates

    Possession and landing of barndoor skate has been prohibited since 
2003, when the Northeast Skate Complex FMP was first implemented, as 
part of efforts to rebuild the stock. In response to NMFS' declaring 
the stock rebuilt in 2016, the Committee and Advisory Panel discussed 
options for allowing limited barndoor skate landings for vessels 
fishing for skate. The Council ultimately recommended allowing limited 
retention of barndoor skate in the wing fishery.
    NMFS is proposing to establish the Council's recommended 
proportional possession limit that corresponds to the barndoor skate 
contribution (25 percent) of overall skate catch based on observer 
data. To derive the proportional barndoor skate limit, the Council 
examined data from all observed trips that landed skate wings from 2012 
to 2016. For vessels fishing under a Northeast multispecies, scallop, 
or monkfish DAS, this would result in a barndoor skate possession limit 
of 650 lb (295 kg) wings in Season 1 and 1,025 lb (465 kg) wings in 
Season 2. The possession limits for barndoor skate wings are included 
within the overall wing possession limit (i.e., total pounds of skate 
wings on board, including barndoor skate wings, are not allowed to 
exceed 2,600 lb (1,179 kg) in Season 1 and 4,100 lb (1,860 kg) in 
Season 2). NMFS notes that the full barndoor wing possession limit may 
be realized, even if the full wing possession limit is not realized. 
For example, a vessel may possess 650 lb (295 kg) of barndoor skate 
wings in season 1, even if the vessel does not reach its full 2,600 lb 
(1,179 kg) possession limit.
    Framework 5 did not directly specify the barndoor possession limit 
when an inseason adjustment of the skate wing possession limit for the 
directed wing fishery is needed and the wing possession limit is 
reduced to 500 lb (227 kg); see current 50 CFR 648.322(b)(2). The 
inseason adjustment of the possession limit is used to prevent the 
directed wing fishery from exceeding seasonal quotas. To ensure the 
fishery operates consistently when an inseason adjustment is necessary, 
NMFS applied the same proportionality used to derive the barndoor 
possession limit under the full skate wing possession limit for 
directed skate wing fisheries (i.e., 25 percent of the wing possession 
limit) to specify the incidental barndoor skate wing possession limit. 
NMFS is proposing that when an incidental possession limit (500 lb (227 
kg) of skate wings) is implemented, the possession limit for barndoor 
skate wings will be 125 lb (57 kg) (see proposed regulatory text at 
Sec.  648.322(b)(3), below).
    Framework 5 did not propose, discuss, or analyze options for 
allowing barndoor possession for vessels operating under other 
possession limits for skates, including: Vessels fishing for bait skate 
under a bait letter of authorization (Sec.  648.322(c)); vessels 
fishing under a Northeast multispecies Category B DAS (Sec.  
648.322(b)); vessels fishing under the incidental skate possession 
limit for vessels not under a DAS (Sec.  648.322(b)); or when fishing 
in a Northeast multispecies DAS exemption program area that allows 
possession and landing of skate or skate parts (as specified in Sec.  
648.80(b)(3)(ii)) without a Northeast multispecies or monkfish DAS. 
Because barndoor possession under these scenarios was not explicitly 
proposed, considered, or analyzed, NMFS is not proposing to allow 
vessels operating under the above mentioned scenarios to possess 
barndoor skates. NMFS seeks comments and input on the proposal to not 
allow barndoor skate possession and landing by these incidental 
fisheries that do not operate under the ``directed'' fishery landing 
provisions.
    Framework 5 also proposes that the body of any skate species 
already ``winged'' may not be discarded in order

[[Page 31356]]

to land barndoor skates (i.e., no high-grading). NMFS considers that 
the intent of this provision is to prevent high-grading by prohibiting 
the discarding of skate wings, as opposed to skate bodies, in order to 
land barndoor skate. The current regulations at Sec.  648.322(b)(4) 
allow skate bodies to be discarded at sea. NMFS agrees that high-
grading is a wasteful practice and should be discouraged; however, it 
will be difficult to determine if a vessel discarded skate wings of one 
species at sea with the intention of landing barndoor skate wings. 
Therefore, we propose prohibiting the discarding of any skate wings 
when barndoor is in possession. NMFS expects this measure to capture 
the intent of the no high-grading provision within Framework 5 and 
seeks comments on this measure.
    Lastly, NMFS is proposing that barndoor skate wings and carcasses 
on board a vessel that is subject to barndoor possession limits must be 
separated from other species of fish and stored so as to be readily 
available for inspection. This provision was not part of Skate 
Framework 5, but NMFS determined it is necessary to aid in the 
enforcement of barndoor possession limits. This provision is being 
proposed under the authority of section 305(d) of the Magnuson-Stevens 
Act. Similar separation provisions exist in other fisheries; for 
example, scallop dredge vessels that are permitted to possess a limited 
amount of haddock must separate the haddock from other species on board 
(see Sec.  648.86(a)(2)(iii)). We are seeking comments on this 
provision and input as to whether this provision will aid in compliance 
and enforcement and if it will be logistically challenging for vessels 
to keep barndoor skate separate from other species on board.

Northwest Atlantic Fisheries Organization Regulatory Area Exemption 
Program

    At their September 2017 meeting, the Council agreed to add the NAFO 
Regulatory Area exemption program into Framework 5 in response to 
public comment. The Council took final action to approve the NAFO 
exemption at their December 2017 meeting. Framework 5 proposes to 
exempt vessels from domestic skate regulations when fishing exclusively 
within the NAFO Regulatory Area, except for the prohibition on 
possessing, retaining, or landing prohibited species. U.S. vessels 
fishing in the NAFO Regulatory Area are currently exempt from domestic 
Northeast multispecies and monkfish permit, mesh size, effort-control, 
and possession limit restrictions (see Sec.  648.17). U.S. vessels in 
the NAFO area are largely targeting yellowtail flounder and Atlantic 
halibut, and exempting these vessels from domestic skate regulations 
would provide them additional flexibility to retain and land skates in 
the United States. NAFO specifies an annual quota for skates (in 2018 
the quota is 258 mt), and that quota is not allocated to particular 
countries; access to skates is on a first come, first served basis. The 
NAFO-specified incidental possession limit for skates is 2,500 kg or 10 
percent of the total catch retained; when the skate quota has been 
reached, the incidental possession limit drops to 1,250 kg or 5 percent 
of total catch retained.
    NMFS is proposing that vessels fishing under a High Seas Permit 
within the NAFO Regulatory Area are exempt from domestic skate permit 
and possession limit restrictions. However, vessels will not be exempt 
from the prohibition on possessing, retaining, or landing prohibited 
skate species specified in Sec. Sec.  648.14(v) and 648.322(g). 
Barndoor skate is currently a prohibited species but, as described 
above, NMFS is proposing through this action to allow a limited amount 
of barndoor skate possession within the directed wing fishery. 
Therefore, we are proposing that U.S. vessels fishing in the NAFO 
Regulatory Area be allowed to possess barndoor skate consistent with 
the NAFO-established incidental possession limits, but are not exempt 
from the prohibition on possessing, retaining, or landing other 
prohibited skate species (i.e., thorny skate and smooth skates) 
specified in Sec. Sec.  648.14(v) and 648.322(g). Further, the skate 
catch from the NAFO Regulatory Area would not count against domestic 
skate TALs. To be eligible for this proposed exemption, vessels would 
be required to: Have on board a letter of authorization (LOA) issued by 
the Regional Administrator; except for transiting purposes, fish 
exclusively in the NAFO Regulated Area and not harvest fish in, or 
possess fish harvested from, the exclusive economic zone (EEZ); ensure 
all gear is properly stowed and not available for immediate use when 
transiting the EEZ; and comply with all High Seas Fishing Compliance 
Permit and NAFO Conservation and Enforcement Measures while fishing in 
the NAFO Regulated Area (Sec.  648.17(b)).

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has made a preliminary determination that 
this proposed rule is consistent with the FMP, Framework 5, provisions 
of the Magnuson-Stevens Act, and other applicable law, subject to 
further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule, if adopted, would not 
have a significant economic effect on a substantial number of small 
entities. The factual basis for this determination is as follows.
    The purpose of this action was previously outlined in the preamble 
to this proposed rule and is not repeated here. As proposed, the TALs 
for the wing fishery and bait fishery would increase slightly. This 
action, if implemented, would provide additional flexibility and 
opportunities in the fishery by slightly increasing TALs, allowing 
limited landings of barndoor skate under certain specific 
circumstances, and by allowing vessels fishing exclusively within the 
NAFO Regulatory Area the opportunity to retain and land skate in the 
United States.
    The action would impact vessels or affiliated groups that hold 
Federal skate permits and participate in skate fisheries, and vessels 
that fish in the NAFO Regulatory Area. The Council's analysis of 2015 
data indicates that the skate fishery had 329 affiliated groups with 
single permits, and another 89 vessels belonged to affiliated groups 
that hold 2 or more permits. Because only two vessels participated in 
the NAFO Regulated Area recently, a quantitative analysis cannot be 
reported for those vessels because of confidentiality requirements. In 
addition, because possession of barndoor skates has been prohibited 
since 2003, the number of vessels that would land barndoor skate and 
the amount of landings is unknown and cannot be quantitatively 
analyzed. It is difficult to quantitatively analyze the economic 
impacts of increasing TALs, as economic impacts would have to be 
compared against 2015 fishing year data (the last year in which the 
incidental possession limit was not imposed) when TALs were higher than 
2016 and 2017 levels, and proposed 2018 levels. Therefore, a 
qualitative analysis is described below.
    For Regulatory Flexibility Act (RFA) purposes only, NMFS has 
established a small business size standard for businesses, including 
their affiliates, whose primary industry is commercial fishing (see 
Sec.  200.2). A business primarily engaged in commercial fishing (NAICS 
code 11411) is classified as a small business if it is independently

[[Page 31357]]

owned and operated, is not dominant in its field of operation 
(including its affiliates), and has combined annual receipts not in 
excess of $11.0 million for all its affiliated operations worldwide. 
The determination as to whether the entity is large or small is based 
on a 3-year average of annual revenue.
    Affiliate data are assembled by NMFS, as of June 1st each year, for 
analysis required by the RFA. During fishing year 2015, 371 regulated 
entities landed skates; 369 entities were small and 2 were large. All 
371 entities could be directly regulated by this proposed action.
    This action, which proposes to slightly increase TALs relative to 
the 2017 fishing year, allows landing of barndoor skate in the directed 
skate wing fishery, and allows vessels fishing exclusively within the 
NAFO Regulatory Area the opportunity to retain and land skate in the 
United States, would result in increased economic opportunity to 
regulated entities by providing fishermen with additional fishing 
opportunities and enhance their operational flexibility. This action is 
not expected to have a significant economic impact on a substantial 
number of small entities. The effects on the regulated small entities 
in this analysis are expected to be positive relative to the no action 
alternative. Under the proposed action, small entities would not be 
placed at a competitive disadvantage relative to large entities, and 
the regulations would not reduce profits for any small entities. As a 
result, an initial regulatory flexibility analysis is not required and 
none has been prepared.
    This rulemaking would not establish any new reporting or record-
keeping requirements.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

     Dated: June 28, 2018.
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 
proposed to be 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.  648.14, revise paragraphs (v)(2) and (v)(4) to read as 
follows:


Sec.  648.14  Prohibitions.

* * * * *
    (v) * * *
    (2) All Federal permit holders. It is unlawful for any owner or 
operator of a vessel holding a valid Federal permit to do any of the 
following:
    (i) Retain, possess, or land thorny skates taken in or from the EEZ 
portion of the skate management unit specified at Sec.  648.2.
    (ii) Retain, possess, or land barndoor skates taken in or from the 
EEZ portion of the skate management unit when fishing under a bait 
letter of authorization as described in Sec.  648.322(c); when fishing 
under a NE multispecies Category B DAS as described under Sec.  
648.322(b); when fishing under the incidental skate possession limit 
for vessels not under a DAS as described in Sec.  648.322(b)(4); or 
when fishing in a NE multispecies DAS exemption program that allows the 
possession of skate or skate parts in an amount not to exceed 10 
percent by weight of all other species on board, as specified in Sec.  
648.80(b)(3)(ii), without a NE multispecies or monkfish DAS.
    (iii) Discard any skate wings when in possession of barndoor skate 
wings.
    (iv) Retain, possess, or land smooth skates taken in or from the 
GOM RMA described at Sec.  648.80(a)(1)(i).
* * * * *
    (4) Presumption. For purposes of this part, the following 
presumption applies: 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 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 (such as fishing within 
the NAFO Regulatory Area under Sec.  648.17(a)(3)) of the skate 
management unit or only in state waters.
* * * * *
0
3. In Sec.  648.17, add paragraph (a)(3) to read as follows:


Sec.  648.17   Exemptions for vessels fishing in the NAFO Regulatory 
Area.

    (a) * * *
    (3) Skates. A vessel issued a valid High Seas Fishing Compliance 
Permit under part 300 of this title and that complies with the 
requirements specified in paragraph (b) of this section is exempt from 
skate permit and possession limit restrictions, specified in Sec. Sec.  
648.4, and 648.322, respectively, and from Atlantic sea scallop, NE 
multispecies, or monkfish DAS effort control restrictions specified in 
Sec. Sec.  648.53, 648.82, and 648.92, respectively, and from mesh size 
and gear restrictions specified in Sec. Sec.  648.51, 648.80, and 
648.91, respectively, while transiting the EEZ with skates on board the 
vessel, or landing skates in U.S. ports that were caught while fishing 
in the NAFO Regulatory Area. These vessels may possess, retain, and 
land barndoor skate; however, they may not possess, retain, or land 
other prohibited skate species specified in Sec. Sec.  648.14(v) and 
648.322(g).
* * * * *
0
4. In Sec.  648.80, revise paragraph (b)(3)(ii) to read as follows:


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

* * * * *
    (b) * * *
    (3) * * *
    (ii) Possession and net stowage requirements. Vessels may possess 
regulated species while in possession of nets with mesh smaller than 
the minimum size specified in paragraphs (a)(4) and (b)(2) of this 
section when fishing in the SNE Exemption Area defined in paragraph 
(b)(10) of this section, provided that such nets are stowed and are not 
available for immediate use as defined in Sec.  648.2, and provided 
that regulated species were not harvested by nets of mesh size smaller 
than the minimum mesh size specified in paragraphs (a)(4) and (b)(2) of 
this section. Vessels fishing for the exempted species identified in 
paragraph (b)(3)(i) of this section may also possess and retain the 
following species, with the restrictions noted, as incidental take to 
these exempted fisheries: Conger eels; sea robins; black sea bass; red 
hake; tautog (blackfish); blowfish; cunner; John Dory; mullet; 
bluefish; tilefish; longhorn sculpin; fourspot flounder; alewife; 
hickory shad; American shad; blueback herring; sea raven; Atlantic 
croaker; spot; swordfish; monkfish and monkfish parts--up to 10 
percent, by weight, of all other species on board or up to 50 lb (23 
kg) tail-weight/166 lb (75 kg) whole weight of monkfish per trip, as 
specified in Sec.  648.94(c)(4), whichever is less; American lobster--
up to 10 percent, by weight, of all other species on board or 200 
lobsters, whichever is less; and skate and skate parts (except for 
barndoor skate and other prohibited skate species (see Sec. Sec.  
648.14(v)(2) and 648.322(g))--up to 10 percent, by weight, of all other 
species on board.
* * * * *
0
5. In Sec.  648.322, revise paragraphs (b) and (g) to read as follows:

[[Page 31358]]

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

* * * * *
    (b) Skate wing possession and landing limits. (1) Vessels fishing 
under an Atlantic sea scallop, NE multispecies, or monkfish DAS. (i) A 
vessel or operator of a vessel that has been issued a valid Federal 
skate permit under this part, and 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 Sec.  
648.80 or paragraph (c) of this section, may fish for, possess, and/or 
land up to the allowable trip limits specified as follows: Up to 2,600 
lb (1,179 kg) of skate wings (5,902 lb (2,677 kg) whole weight) per 
trip in Season 1 (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 in Season 2 
(September 1 through April 30), or any prorated combination of the 
allowable landing forms defined at paragraph (b)(5) of this section.
    (ii) When fishing under the possession limits specified in 
paragraph (b)(1)(i) of this section, a vessel is allowed to possess and 
land up to 650 lb (295 kg) of barndoor skate wings (1,476 lb (670 kg) 
whole weight) per trip in Season 1, and 1,025 lb (465 kg) of barndoor 
skate wings (2,327 lb (1,056 kg) whole weight) per trip in Season 2. 
The possession limits for barndoor skate wings are included within the 
overall possession limit (i.e., total pounds of skate wings on board, 
including barndoor skate wings, are not allowed to exceed 2,600 lb in 
Season 1 and 4,100 lb in Season 2). Vessels are prohibited from 
discarding any skate wings when in possession of barndoor skate wings. 
Barndoor skate wings and carcasses on board a vessel subject to this 
possession limit must be separated from other species of fish and 
stored so as to be readily available for inspection.
    (2) NE multispecies Category B DAS. A vessel fishing on a declared 
NE multispecies Category B DAS described under Sec.  648.85(b), 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 the allowable 
landing forms defined at paragraph (b)(5) of this section. These 
vessels may not possess or land barndoor skate, or any other prohibited 
skate species (see Sec. Sec.  648.14(v)(2) and 648.322(g)).
    (3) In-season adjustment of skate wing possession limits. The 
Regional Administrator has the authority, through a notice in the 
Federal Register consistent with the Administrative Procedure Act, to 
reduce the skate wing possession limit to 500 lb (227 kg) of skate 
wings (1,135 lb (515 kg) whole weight) or any prorated combination of 
the allowable landing forms defined at paragraph (b)(5) of this 
section) for the remainder of the applicable quota season. When the 
incidental possession limit is implemented, a vessel is allowed to 
possess and land up to 125 lb (57 kg) of barndoor skate wings (284 lb 
(129 kg) whole weight) per trip. The possession limits for barndoor 
skate wings are included within the overall possession limit (i.e., 
total pounds of skate wings on board, including barndoor skate wings, 
are not allowed to exceed 500 lb). Vessels are prohibited from 
discarding any skate wings when in possession of barndoor skate wings. 
Barndoor skate wings and carcasses on board a vessel subject to this 
possession limit must be separated from other species of fish and 
stored so as to be readily available for inspection. The in-season 
adjustment of skate wing possession limits will be implemented under 
the following circumstances:
    (i) When 85 percent of the Season 1 skate wing quota is projected 
to be landed between May 1 and August 17, the Regional Administrator 
shall reduce the skate wing possession limit to the incidental level 
described in paragraph (b)(3) of this section.
    (ii) When 85 percent of the Season 1 skate wing quota is projected 
to be landed between August 18 and August 31, the Regional 
Administrator may reduce the skate wing possession limit to the 
incidental level described in paragraph (b)(3) of this section.
    (iii) When 85 percent of the annual skate wing fishery TAL is 
projected to be landed in Season 2, the Regional Administrator may 
reduce the skate wing possession limit to the incidental level 
described in this paragraph, unless such a reduction would be expected 
to prevent attainment of the annual TAL.
    (4) 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 the allowable landing forms defined at 
paragraph (b)(5) of this section. These vessels may not possess or land 
barndoor skate, or any other prohibited skate species (see Sec. Sec.  
648.14(v)(2) and 648.322(g)).
    (5) 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 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.
* * * * *
    (g) Prohibitions on possession of skates. A vessel fishing in the 
EEZ portion of the Skate Management Unit may not:
    (1) Retain, possess, or land thorny skates taken in or from the EEZ 
portion of the Skate Management Unit.
    (2) Retain, possess, or land barndoor skates taken in or from the 
EEZ portion of the skate management unit when fishing under a bait 
letter of authorization as described in Sec.  648.322(c); when fishing 
under a NE multispecies Category B DAS as described under Sec.  
648.322(b); when fishing under the incidental skate possession limit 
for vessels not under a DAS as described in Sec.  648.322(b)(4); or 
when fishing in a NE multispecies DAS exemption program that allows the 
possession of skate or skate parts in an amount not to exceed 10 
percent by weight of all other species on board, as specified in Sec.  
648.80(b)(3)(ii), without a NE multispecies or monkfish DAS.
    (3) Discard any skate wings when in possession of barndoor skate 
wings.
    (4) Retain, possess, or land smooth skates taken in or from the GOM 
RMA described at Sec.  648.80(a)(1)(i).
[FR Doc. 2018-14348 Filed 7-3-18; 8:45 am]
 BILLING CODE 3510-22-P