[Federal Register Volume 85, Number 24 (Wednesday, February 5, 2020)]
[Proposed Rules]
[Pages 6494-6496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02172]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 200130-0040]
RIN 0648-BJ46


Fisheries of the Northeastern United States; Northeast Skate 
Complex; Framework Adjustment 8 and 2020-2021 Specifications

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

ACTION: Proposed rule; request for comments.

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

SUMMARY: NMFS proposes to implement measures recommended by the New 
England Fishery Management Council in Framework Adjustment 8 to the 
Northeast Skate Complex Fishery Management Plan. This action would 
specify skate catch limits for fishing years 2020 and 2021, and 
increase seasonal trip limits for both the wing and bait fisheries. 
This proposed action is necessary to establish skate specifications 
consistent with the most recent scientific information. The intent of 
this action is to establish appropriate catch limits for the skate 
fishery, while providing additional operational flexibility to fishery 
participants.

DATES: Comments must be received by March 6, 2020.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2019-0143, by either of the following methods:
    Electronic submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal.
    1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0143,
    2. Click the ``Comment Now!'' icon, complete the required fields, 
and
    3. Enter or attach your comments.

--OR--

    Mail: Submit written comments to Michael Pentony, Regional 
Administrator, National Marine Fisheries Service, Greater Atlantic 
Region, 55 Great Republic Drive, Gloucester, MA 01930-2276. Mark the 
outside of the envelope: ``Comments on the Proposed Rule for Skate 
Framework Adjustment 8.''
    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 a draft 
environmental assessment (EA) for this action that describes the 
proposed measures and other considered alternatives. The EA also 
provides an economic analysis, as well as an analysis of the 
biological, economic, and social impacts of the proposed measures and 
other considered alternatives. Copies of the Framework Adjustment 8 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 accessible via the internet at 
www.nefmc.org.

FOR FURTHER INFORMATION CONTACT: Cynthia Ferrio, Fishery Management 
Specialist, (978) 281-9180.

SUPPLEMENTARY INFORMATION: 

Background

    The New England Fishery Management Council manages a complex of 
seven skate species (barndoor, clearnose, little, rosette, smooth, 
thorny, and winter) off the New England and mid-Atlantic coasts through 
the Northeast Skate Complex Fishery Management Plan (FMP). The FMP was 
implemented in 2003. Skates are harvested and managed through two 
different targeted fisheries, one for food (the wing fishery) and one 
for use as bait in other fisheries (the bait fishery). The FMP requires 
that annual catch and possession limits for the skate fishery be 
reviewed and established through the specifications process for up to 
two fishing years at a time. The current specifications (revised 
February 15, 2019; 84 FR 4373) expire on April 30, 2020, and will 
remain effective in the event that a final rule for this action is 
delayed beyond that date.
    In August 2019, the Council's Scientific and Statistical Committee 
(SSC) reviewed updated information on the status of the seven skate 
species and recommended an acceptable biological catch (ABC) of 32,715 
mt for fishing years 2020 and 2021. This ABC incorporates updated data 
derived from the median catch/biomass exploitation ratio for the time 
series up to 2019 and the three-year average stratified mean biomass 
for skates, using the 2017-2019 spring New England Fisheries Science 
Center (NEFSC) survey data for little skate and the 2016-2018 fall 
NEFSC survey data for the other species.
    At a meetings in late August and early September, the skate plan 
development team (PDT), advisory panel (AP), and Committee met to 
discuss and make recommendations on these specifications. The PDT and 
Committee agreed with the SSC recommendation for the ABC, and following 
Amendment 3 procedures, recommended that the annual catch limit (ACL) 
be set equal to the ABC. The PDT and Committee also recommended a 
moderate increase in the total allowable landings (TAL) for both the 
wing and bait fisheries, primarily due to recent data indicating fewer 
discards in the directed fisheries. The AP and Committee discussed ways 
to provide greater access to the skate resource to better utilize the 
increased quotas. Based on this discussion, the Committee recommended 
increasing seasonal possession limits for both the wing and bait 
fisheries. The Council took final action on this framework at the 
September 2019 meeting in Gloucester, MA.

Proposed Measures

    This action proposes the Council's recommendations for 2020 and 
2021. This action would increase the ACL to 32,715 mt (up from 31,327 
mt in 2019) and the overall TAL to 17,864 mt (an increase from 15,788 
mt in 2019). This would result in an approximately 13-

[[Page 6495]]

percent increase each in both the bait and wing fisheries' TALs. The 
bait fishery TAL would be 5,984 mt, and the wing fishery TAL would be 
11,879 mt. The fishing year for skates is from May 1 to April 30. 
However, the directed wing and bait fisheries are broken up into 
separate seasons to more closely manage harvest. According to 
regulations at 50 CFR 648.322, 66.5 percent of the skate TAL is 
allocated to wing fishery. Of the wing fishery TAL, 57 percent is 
allocated to Season 1 (May 1-August 31), with the remainder allocated 
to Season 2 (September 1-April 30). In the bait fishery, Season 1 (May 
1-July 31) is allocated 30.8 percent of the bait TAL, Season 2 (August 
1-October 31) receives 37.1 percent, and the remainder is allocated to 
Season 3 (November 1-April 30). A summary of the proposed 2020-2021 
skate fishery specifications is shown below in Table 1.

   Table 1--Summary of Proposed 2020-2021 Skate Fishery Specifications
                     Compared to Current 2019 Limits
                            [In metric tons]
------------------------------------------------------------------------
                                              FY2019         FY2020-21
                                             (current)      (proposed)
------------------------------------------------------------------------
ABC/ACL.................................          31,327          32,715
Annual Catch Target (ACT) (90%).........          28,194          29,444
Overall TAL.............................          15,788          17,864
Wing TAL (66.5% of Overall TAL).........          10,499          11,879
Wing Season 1 TAL (57% of Wing TAL).....           5,984           6,771
Wing Season 2 TAL (43% of Wing TAL).....           4,515           5,108
Bait TAL (33.5% of Overall TAL).........           5,289           5,984
Bait Season 1 TAL (30.8% of Bait TAL)...           1,629           1,843
Bait Season 2 TAL (37.1% of Bait TAL)...           1,962           2,220
Bait Season 3 TAL (32.1% of Bait TAL)...           1,698           1,921
------------------------------------------------------------------------

    This proposed action would also increase seasonal possession limits 
in both the wing and bait fisheries to allow more flexibility in 
harvesting the additional quota. The wing fishery trip limit in Season 
1 would be raised from 2,600 lb (1,179 kg) to 3,000 lb (1,361 kg), and 
the Season 2 trip limit would increase from 4,100 lb (1,860 kg) to 
5,000 lb (2,268 kg). The barndoor skate possession limit within the 
wing fishery would also increase from 650 lb (295 kg) to 750 lb (340 
kg) in Season 1, and from 1,025 lb (465 kg) to 1,250 lb (567 kg) in 
Season 2. In the bait fishery, the Season 3 trip limit would be raised 
from 12,000 lb (5,443 kg) to 25,000 lb (11,340 kg) to be consistent 
with the rest of the fishing year. The incidental possession limits of 
500 lb (227 kg) in the wing fishery and 8,000 lb (3,629 kg) in the bait 
fishery would remain unchanged.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), the NMFS 
Assistant Administrator has determined that this proposed rule is 
consistent with the Northeast Skate Complex FMP, other provisions of 
the Magnuson-Stevens Act, and other applicable law, subject to further 
consideration after public comment.
    The Council reviewed the proposed regulations for this action and 
deemed them necessary and appropriate to implement consistent with 
section 303(c) of the Magnuson-Stevens Act.
    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 that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
The factual basis for this determination is as follows.
    The Council conducted an evaluation of the potential socioeconomic 
impacts of the proposed measures. The action would impact vessels or 
affiliated groups that hold Federal skate permits and participate in 
skate fisheries. The Council's analysis of 2018 data, the most recent 
complete set of data available, and the commercial ownership affiliate 
database, indicated that the skate fishery had 364 vessels with federal 
permits that landed skates in 2018. Those 364 vessels were owned by a 
total of 331 business entities that could be directly affected by this 
action. Of the 331 affiliate groups that landed skate, 327 were 
classified as small businesses and 4 were large businesses.
    The purpose of this action was previously outlined in the preamble 
to this proposed rule and is not repeated here. As proposed, this 
action would slightly increase the available catch limits in skate 
fishery for fishing years 2020-2021, as well as seasonal possession 
limits for both the wing and bait skate fisheries. This action is 
expected to result in increased revenues and economic benefits from the 
higher annual catch limits, while providing additional operational 
flexibility and fishing opportunity through the increased trip limits. 
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. 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 action would not establish any new reporting or record-keeping 
requirements.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: January 30, 2020.
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.  648.322, revise paragraphs (b)(1)(i) and (ii), and 
paragraph (c)(3) to read as follows:


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

* * * * *

[[Page 6496]]

    (b) * * *
    (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 3,000 lb (1,361 kg) of skate wings (6,810 
lb (3,089 kg) whole weight) per trip in Season 1 (May 1 through August 
31), and 5,000 lb (2,268 kg) of skate wings (11,350 lb (5,148 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 750 lb (340 kg) of barndoor skate wings (1,702 lb (772 kg) 
whole weight) per trip in Season 1, and 1,250 lb (567 kg) of barndoor 
skate wings (2,837 lb (1,287 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 3,000 lb 
(1,361 kg) in Season 1 and 5,000 lb (2,268 kg) 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.
* * * * *
    (c) * * *
    (3) The vessel owner or operator possesses or lands no more than 
25,000 lb (11,340 kg) of whole skates per trip.
* * * * *
[FR Doc. 2020-02172 Filed 2-4-20; 8:45 am]
 BILLING CODE 3510-22-P