[Federal Register Volume 85, Number 81 (Monday, April 27, 2020)]
[Rules and Regulations]
[Pages 23240-23242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07805]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 200408-0105]
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: Final rule.

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SUMMARY: NMFS is implementing final measures recommended by the New 
England Fishery Management Council in Framework Adjustment 8 to the 
Northeast Skate Complex Fishery Management Plan. This action specifies 
skate catch limits for fishing years 2020 and 2021 and increases 
seasonal possession limits for both the wing and bait fisheries. This 
action is necessary to establish skate specifications consistent with 
the most recent scientific information and the requirements of the 
Magnuson-Stevens Fishery Conservation and Management Act. The intent of 
this action is to establish catch limits for the skate fishery, while 
providing operational flexibility to fishery participants.

DATES: Effective on May 1, 2020.

ADDRESSES: The New England Fishery Management Council prepared an 
environmental assessment (EA) for Northeast Skate Complex Framework 
Adjustment 8 that describes the action and other considered 
alternatives. The EA provides an analysis of the biological, economic, 
and social impacts of the preferred measures and other considered 
alternatives; a Regulatory Impact Review; and economic analysis. Copies 
of this framework adjustment, including the EA and other supporting 
documents for the action, are available upon request from Thomas A. 
Nies, Executive Director, New England Fishery Management Council, 50 
Water Street, Newburyport, MA 01950. These documents are 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 skate) off the New England and mid-Atlantic coasts 
through the Northeast Skate Complex Fishery Management Plan (FMP). The 
thorny skate stock is 16 years into a 25-year rebuilding plan, and 
possession of the species remains prohibited until the stock is 
rebuilt. None of the six other skate stocks are overfished or subject 
to overfishing. Skates are harvested and managed within two targeted 
fisheries, one for food (the wing fishery) and one for bait used in 
other fisheries (the bait fishery). The FMP requires that the Council 
annually review and establish catch and possession limits for the skate 
fishery through the specifications process for up to two fishing years 
at a time. This action implements increased quotas and seasonal 
possession limits for both the wing and bait skate fisheries in fishing 
years 2020 and 2021. The current specifications (84 FR 4373; February 
15, 2019) end on April 30, 2020, and will roll over in the event this 
rule is delayed beyond that date.
    The proposed rule for this action published in the Federal Register 
on February 5, 2020 (85 FR 6494), and comments were accepted through 
March 6, 2020. We received eight comments from the public, but no 
changes to the final rule are necessary as a result of those comments 
(see Comments and Responses for additional detail). Additional 
background information regarding the development of these 
specifications was provided in the proposed rule and is not repeated 
here.

Final Action

    We approve Skate Framework 8 and the Council-recommended 
specifications as outlined in our proposed rule for this action (85 FR 
6494). These 2020-2021 specifications have higher fishery catch limits 
than fishing year 2019, including a 4-percent increase in acceptable 
biological catch

[[Page 23241]]

(ABC) to 32,715 metric tons (mt) and a 13-percent increase in the 
overall total allowable landings (TAL) to 17,864 mt. Each of the wing 
and bait fisheries' TALs will also increase 13 percent from 2019. The 
final bait fishery TAL will be 5,984 mt, and the wing fishery TAL will 
be 11,879 mt. These changes are primarily in response to recent 
decreases in dead discards and state landings.
    The fishing year for skates is from May 1 to April 30. However, the 
directed wing and bait fisheries are managed in separate seasons to 
allow us to more closely manage harvest. The skate FMP regulations at 
50 CFR 648.322 specify the allocation of skate TAL to each fishery 
(33.5 percent to bait and 66.5 percent to wing), and to each season of 
the fishing year. In the wing fishery, 57 percent of the wing TAL is 
allocated to Season 1 (May 1-August 31), and the rest to Season 2 
(September 1-April 30). In the bait fishery, 30.8 percent is allocated 
to Season 1 (May 1-July 31), 37.1 percent is allocated to Season 2 
(August 1-October 31), and the remainder is given to Season 3 (November 
1-April 30). Table 1 shows the seasonal TALs for the wing and bait 
fisheries under this action.

 Table 1--Seasonal TAL Allocations for the 2020-2021 Skate Wing and Bait
                                Fisheries
                            [In metric tons]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Wing Fishery...................  Season 1 (May 1-August            6,771
                                  31).
                                 Season 2 (September 1-            5,108
                                  April 30).
Bait Fishery...................  Season 1 (May 1-July              1,843
                                  31).
                                 Season 2 (August 1-               2,220
                                  October 31).
                                 Season 3 (November 1-             1,921
                                  April 30).
------------------------------------------------------------------------

    This action also increases seasonal possession limits in both the 
wing and bait fisheries to allow more flexibility to harvest the 
additional quota. As described in the proposed rule, the bait fishery 
Season 3 possession limit will increase in order to maintain the 
25,000-lb (11,340-kg) possession limit all year. The wing fishery 
Season 1 possession limit increases to 3,000 lb (1,361 kg), and the 
Season 2 possession limit increases to 5,000 lb (2,268 kg). The 
barndoor skate possession limit in the wing fishery would also increase 
to 750 lb (340 kg) in Season 1, and to 1,025 lb (465 kg) in Season 2. 
All other possession limits, including incidental possession limits of 
500 lb (227 kg) in the wing fishery and 8,000 lb (3,629 kg) in the bait 
fishery, remain unchanged. Table 2 shows all of the possession limits 
for the skate fishery upon implementation of action.

                                       Table 2--Skate Fishery Possession Limits ** for Fishing Years 2020 and 2021
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          Trip type                Season             Wing weight                Whole weight          Barndoor * wing weight    Barndoor * whole weight
--------------------------------------------------------------------------------------------------------------------------------------------------------
Northeast (NE) Multispecies,  Season 1.......  3,000 lb, 1,361 kg......  6,810 lb, 3,089 kg.........  750 lb, 340 kg..........  1,703 lb, 772 kg.
 Scallop, or Monkfish Day-At- Season 2.......  5,000 lb, 2,268 kg......  11,350 lb, 5,148 kg........  1,250 lb, 465 kg........  2,838 lb, 1,287 kg.
 Sea (DAS).
NE Multispecies B DAS.......  All Year.......  220 lb, 100 kg..........  500 lb, 227 kg.............  0.......................  0.
Non-DAS.....................  All Year.......  500 lb, 227 kg..........  1,135 lb, 515 kg...........  0.......................  0.
Skate Bait under Letter of    All Year.......  0.......................  25,000 lb, 11,340 kg.......  0.......................  0.
 Authorization.
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* Barndoor skate possession limits are within the overall skate possession limit for each trip, not in addition to it.
** Possession limits may be modified in-season in order to prevent catch from exceeding quotas.

    The Council will review these specifications for 2021 to determine 
if any changes need to be made prior to the 2021 fishing year. NMFS 
will publish a notice prior to the May 1, 2021, start of the 2021 
fishing year to confirm or announce any necessary changes.

Comments and Responses

    The public comment period for the proposed rule ended on March 6, 
2020, and eight comments were received from the public. Five commenters 
supported the action, noting the potential to decrease discards with 
increased possession limits, and the benefit of higher quotas to 
industry as long as the stocks remain healthy. NMFS agrees, and these 
are the primary reasons for increasing the quotas and limits in this 
action. One member of the public submitted two comments. One comment 
stated that he was a skate bait fisherman and did not want any changes 
to the fishery, and the second comment added that he would like a 
change to allow vessels to keep wings as bycatch on a bait trip, but 
not the changes proposed by this action. NMFS understands the 
commenter's concern for change, but this action was developed to 
provide the highest expected benefit to both the wing and bait skate 
fisheries. This action does not address incidental or bycatch limits of 
other fisheries in the bait or wing fisheries, although the Council 
could consider this in a future framework action. This action increases 
the bait fishery Season 3 possession limit to 25,000 lb (11,340 kg), 
that season's limit prior to Framework Adjustment 4 in 2018 (83 FR 
6133; February 13, 2018).
    The final commenter claimed that this action was promoting 
overfishing and overexploitation of the skate resource at the expense 
of the other species that prey on skates. The commenter requested that 
the total take for skates be reduced to 10 mt. The commenter presented 
no rationale or evidence supporting these claims. This action is based 
on the best available science, including a 2019 stock assessment update 
and Northeast Fisheries Science Center trawl survey data through spring 
2019. It was developed to prevent overfishing and maintain healthy 
skate stocks while allowing the fishery to achieve optimum yield. No 
changes were made to the proposed rule as a result of these comments.

[[Page 23242]]

Changes From the Proposed Rule

    NMFS has not made any changes to the proposed regulatory text, and 
there are no substantive changes from the proposed rule.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), the NMFS 
Administrator, Greater Atlantic Region, has determined that this final 
rule is necessary and consistent with the Northeast Skate Complex FMP, 
other provisions of the Magnuson-Stevens Act, and other applicable law.
    The Council reviewed the Framework 8 regulations and deemed them 
necessary and appropriate to implement consistent with section 303(c) 
of the Magnuson-Stevens Act.
    This action relieves a restriction by increasing catch and 
possession limits in the skate fishery, and is therefore not subject to 
the 30-day delayed effectiveness provision of the APA pursuant to 5 
U.S.C. 553(d)(1). This final rule increases the annual TALs for both 
the skate wing and bait fisheries by 13 percent, and increases seasonal 
possession limits in both fisheries. These increases are intended to 
provide additional flexibility and economic opportunity for the skate 
fishing industry. The 2020 fishing year begins on May 1, 2020. If the 
30-day delayed effectiveness period postpones the implementation of 
these measures beyond the May 1 start of the fishing year, the 
unnecessarily restrictive, lower 2019 catch limits will roll over into 
the beginning of 2020. This would be contrary to the public interest as 
it could create confusion and potential economic harm to the skate 
fisheries through lost opportunity under the lower catch limits at the 
beginning of the fishing year. Furthermore, this action does not 
require any additional time to come into compliance with this rule. 
Unlike actions that require an adjustment period, skate fishing vessels 
will not have to purchase new equipment or otherwise expend time or 
money to comply with these management measures. Therefore, NMFS also 
finds good cause not to delay this final rule's effectiveness, 
consistent with 5 U.S.C. 553(d)(3); and to implement these measures on 
May 1, 2020 for the 2020 fishing year.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This final rule is considered an Executive Order 13771 deregulatory 
action. To determine the cost savings associated with this rule, the 
estimated revenue from the increased possession limits were compared to 
that of the No Action alternative (see ADDRESSES to locate the EA for 
more detailed information on the estimated revenue and alternatives). 
Based on a simulation using 2018 fishery data, this action is expected 
to increase skate wing fishery revenues by 4.65 percent ($250,329), and 
skate bait fishery revenues by 6.6 percent ($72,020), for a total net 
increase of $322,349. This action also increases the TAL by 13 percent, 
reducing the likelihood that a quota trigger will be reached and reduce 
possession to the incidental limit in either the wing or bait fishery. 
This increases economic opportunity and flexibility, but is difficult 
to quantify. Therefore, the total estimated net cost savings is 
$322,349 in 2018 dollars, and the annualized savings to perpetuity is 
$0.29 million per year in 2016 dollars.
    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, and the initial certification remains 
unchanged. As a result, a final regulatory flexibility analysis is not 
required and none has been prepared.
    This action does not contain a collection of information 
requirement for the purposes of the Paperwork Reduction Act.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: April 8, 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 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 (c)(3) to 
read as follows:


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

* * * * *
    (b) * * *
    (1) * * *
    (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. 2020-07805 Filed 4-24-20; 8:45 am]
 BILLING CODE 3510-22-P