[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Rules and Regulations]
[Pages 48985-48989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21192]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 180130101-8824-02]
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: Final rule.

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

SUMMARY: NMFS approves regulations to implement Northeast Skate Complex 
Fishery Management Plan Framework Adjustment 5 management measures and 
2018-2019 specifications for the skate fishery. 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 action is intended to establish appropriate catch limits for the 
skate fishery and to provide additional operational flexibility to 
fishery participants.

DATES: Effective on September 28, 2018.

ADDRESSES: 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 Regulatory Impact Review, 
and economic analysis. Copies of the Framework 5 and 2018-2019 
Specifications 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 and crab 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.
    On July 5, 2018, we proposed management modifications to implement 
Framework Adjustment 5 to the Northeast Skate Complex FMP and 
specifications for fishing years 2018-2019 (83 FR 31354). After 
reviewing public comments in response to the proposed rule, we are 
approving Framework 5 and 2018-2019 specifications as detailed in our 
proposed rule.

Specifications for Fishing Years 2018-2019

    Specifications including the acceptable biological catch (ABC), 
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. We are approving the 
Council's recommended specifications for 2018-2019. As recommended, the 
2018-2019 skate complex ABC and ACL is 31,327 mt. The ACT is set at 
23,495 mt (75 percent of the ACL) to account for management 
uncertainty. After deducting projected dead discards and state 
landings, the overall TAL is 13,157 mt. Tables 1 and 2 (below) detail 
TALs and possession limits for the skate wing and skate bait fisheries. 
The skate wing and whole skate possession limits are status quo and the 
possession limits for barndoor skate are described further below.

      Table 1--Total Allowable Landings for Fishing Years 2018-2019
------------------------------------------------------------------------
                 Total allowable landings (TAL)                     mt
------------------------------------------------------------------------
Skate Wing Fishery:
  Season 1 (May 1-August 31)....................................   4,987
  Season 2 (September 1-April 30)...............................   3,762
Skate Bait Fishery:
  Season 1 (May 1-July 31)......................................   1,358
  Season 2 (August 1-October 31)................................   1,635
  Season 3 (November 1-April 30)................................   1,415
------------------------------------------------------------------------


                         Table 2--Possession Limits per Trip for Fishing Years 2018-2019
----------------------------------------------------------------------------------------------------------------
                                                                  Trip limits
                              ----------------------------------------------------------------------------------
  Skate possession limits *                                           Barndoor **
                                  Skate wings      Whole skates       skate wings      Whole barndoor ** skates
----------------------------------------------------------------------------------------------------------------
NE Multispecies, Scallop, or
 Monkfish Day-At-Sea (DAS):
    Season 1 (May 1-August     2,600 lb, 1,179   5,902 lb, 2,677   650 lb, 295 kg..  1,476 lb, 670 kg.
     31).                       kg.               kg.
    Season 2 (September 1-     4,100 lb, 1,860   9,307 lb, 4,222   1,025 lb, 465 kg  2,327 lb, 1,056 kg.
     April 30).                 kg.               kg.
NE Multispecies B DAS:
    May 1-April 30...........  220 lb, 100 kg..  500 lb, 227 kg..  0...............  0.
Non-DAS:
    May 1-April 30...........  500 lb, 227 kg..  1,135 lb, 515 kg  0...............  0.
Whole skate with bait Letter
 of Authorization:
    May 1-October 31.........  0...............  25,000 lb,        0...............  0.
                                                  11,340 kg.
    November 1-April 30......  0...............  12,000 lb, 5,443  0...............  0.
                                                  kg.
----------------------------------------------------------------------------------------------------------------
* Possession limits may be modified in-season in order to prevent catch from exceeding quotas.
** Barndoor skate trip limits are within the overall skate possession limit for each trip, not in addition to
  it.


[[Page 48986]]

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. NMFS declared the stock rebuilt 
in 2016, and Framework 5 allows for limited retention of barndoor skate 
in the directed wing fishery. This action specifies a proportional 
possession limit per trip that corresponds to the barndoor skate 
contribution (25 percent) to the overall skate catch based on observer 
data. Specifically, vessels fishing under a Northeast multispecies, 
scallop, or monkfish DAS, may possess and land up to 650 lb (295 kg) of 
wings per trip in Season 1 and 1,025 lb (465 kg) of wings per trip in 
Season 2. The possession limits for barndoor skate wings are included 
within the overall wing possession limit per trip (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 retained, even if the full wing possession limit for a 
trip is not caught. For example, a vessel may possess 650 lb (295 kg) 
of barndoor skate wings in Season 1, even if the vessel does not reach 
the full 2,600 lb (1,179 kg) wing possession limit for that trip.
    The regulations for the skate wing fishery include in-season 
adjustments to possession limits once certain trigger points are met 
(see 50 CFR 600.322(b)(3)). This action specifies that when an in-
season 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) per trip, the possession limit for barndoor skate wings 
will be reduced to 125 lb (57 kg) per trip.
    This action prohibits the discarding of any skate wings when a 
vessel is in possession of barndoor skate. This measure is intended to 
prevent high-grading and thereby minimize bycatch. Further, this action 
requires that barndoor skate wings and carcasses on board a vessel must 
be separated from other species of fish (including other skates) and 
stored so as to be readily available for inspection. This provision was 
not part of the Council's recommended measures under Framework 5, but 
we determined it is necessary to aid in the enforcement of barndoor 
possession trip limits by segregating barndoor skates to facilitate 
identification and compliance with the trip limit. We are establishing 
the measure under the authority of section 305(d) of the Magnuson-
Stevens Act.
    As described in the proposed rule, 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 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 Northeast multispecies 
or monkfish DAS. Therefore, this action does not allow vessels 
operating under the above mentioned scenarios to possess barndoor 
skates.

Northwest Atlantic Fisheries Organization (NAFO) Regulatory Area 
Exemption Program

    Framework 5 exempts 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 and 
possession limits for skates, and the quota is not allocated to 
particular countries; access to skates is on a first come, first served 
basis.
    This action specifies that vessels fishing under a High Seas Permit 
exclusively within the NAFO Regulatory Area are exempt from domestic 
skate regulations (e.g., skate permit and possession limit 
restrictions), except for the prohibition on possessing, retaining, or 
landing prohibited species. U.S. vessels fishing in the NAFO Regulatory 
Area would be allowed to possess barndoor skate consistent with the 
NAFO-established incidental possession limits given the aforementioned 
domestic regulatory changes regarding barndoor skates, but would not be 
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.

Comments and Responses

    We received five public comments on the proposed rule, two of which 
were not responsive to the action.
    Comment 1: The following three commenters expressed support for the 
action: The Atlantic Offshore Lobstermen's Association; the Cape Cod 
Commercial Fishermen's Alliance; and Tremont Fisheries LLC. The 
Atlantic Offshore Lobstermen's Association expressed support for 
increasing TALs in 2018 and 2019, based on recent updated scientific 
information about skates. The Cape Cod Commercial Fishermen's Alliance 
supported the proportional barndoor skate possession limits for the 
skate wing fishery, measures to prevent high-grading of skate, and the 
TAL specifications for 2018 and 2019. Lastly, Tremont Fisheries LLC 
supported the proposed measures to exempt vessels from some domestic 
skate regulations when fishing exclusively within the NAFO Regulatory 
Area.
    Response: We are approving Framework 5, specifications for 2018 and 
2019, and the accompanying measures because the specifications are 
consistent with the most recent scientific information, and the 
measures provide additional operational flexibility to fishery 
participants.

Changes From the Proposed Rule

    NMFS has not made any changes to the regulatory text that was 
specified in the proposed rule.

Classification

    The Administrator, Greater Atlantic Region, NMFS, determined that 
Framework 5 to the FMP and the 2018-2019 specifications is necessary 
for the conservation and management of the northeast skate complex and 
that it is consistent with the Magnuson-Stevens Fishery Conservation 
and Management Act and other applicable law.
    The Assistant Administrator for Fisheries, NOAA, finds that because 
this rule relieves restrictions and grants an exemption, it is excepted 
from the 30-day delay in effectiveness under 5 U.S.C. 533(d)(1). This 
rule relieves restrictions by increasing the ACL and allowing 
possession of barndoor skate (previously a prohibited species) in the 
directed skate wing fishery, and exempts vessels from some specific

[[Page 48987]]

domestic skate regulations when fishing exclusively within the NAFO 
Regulatory Area. The 2018 fishing year began on May 1, 2018, and the 
skate fishery has been operating under the catch limits implemented as 
part of Framework Adjustment 3 to the FMP and the 2016-2017 
specifications (81 FR 54744; August 17, 2016). Under this action, the 
ACL for the skate complex will increase from 31,081 mt in 2017 to 
31,327 mt in 2018. Further, possession and landing of barndoor skate 
has been prohibited since 2003. This action will allow possession and 
landing of barndoor skate in the directed wing fishery and will set 
possession trip limits for the stock. The price of barndoor skate is 
expected to be higher than that of other skate species currently landed 
in the fishery; therefore, allowing barndoor possession is expected to 
provide positive economic impacts. Lastly, U.S. vessels that are 
permitted to fish in the NAFO Regulatory Area are currently required to 
comply with domestic skate regulations (e.g., permit requirements, 
possession limits) if they were to land skate in the U.S. This action 
would exempt U.S. vessels from domestic skate regulations when fishing 
exclusively in the NAFO area, except for the prohibition on possessing, 
retaining, or landing prohibited species. This additional flexibility 
for NAFO-participating vessels is also expected to provide additional 
operational flexibility and result in positive economic impacts.
    This final 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 during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: September 25, 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 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 (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

[[Page 48988]]

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:


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.  648.14(v)(2) and paragraph (g) of this 
section).
    (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 paragraph (b)(3) of this section, 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.  648.53, Sec.  648.82, or Sec.  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.  
648.14(v)(2) and paragraph (g) of this section).
    (5) Allowable forms of skate landings. Except for vessels fishing 
under a skate bait letter of authorization as specified at paragraph 
(c) of this section, 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 paragraph (c) of this section; 
when fishing under

[[Page 48989]]

a NE multispecies Category B DAS as described under paragraph (b) of 
this section; when fishing under the incidental skate possession limit 
for vessels not under a DAS as described in paragraph (b)(4) of this 
section; 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. 2018-21192 Filed 9-27-18; 8:45 am]
 BILLING CODE 3510-22-P