[Federal Register Volume 87, Number 125 (Thursday, June 30, 2022)]
[Rules and Regulations]
[Page 39002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13970]



[[Page 39002]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[RTID 0648-XB846]


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Amendment 8 to 
the Northeast Skate Complex Fishery Management Plan

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

ACTION: Notice of Agency decision.

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SUMMARY: NMFS approves Amendment 8 to the Northeast Skate Complex 
Fishery Management Plan, as submitted by the New England Fishery 
Management Council. This amendment updates the management objectives of 
the skate fishery management plan, which have not been changed since 
the original plan was adopted in 2003. The purpose of this action is to 
ensure that the skate management continues to reflect and address the 
current needs and condition of the skate fishery.

DATES: The amendment was approved on June 24, 2022.

ADDRESSES: The New England Fishery Management Council prepared a 
supporting document for this action that describes the proposed 
revisions to the Northeast Skate management objectives and consistency 
with applicable law. NMFS prepared a Categorical Exclusion (CE) for 
this action in compliance with the National Environmental Policy Act, 
detailing why this action is administrative in nature and may be 
categorically excluded from requirements to prepare either an 
Environmental Impact Statement or Environmental Assessment. Copies of 
the Council document for Amendment 8, the CE, and other supporting 
documents for this 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 https://www.nefmc.org/management-plans/skates.

FOR FURTHER INFORMATION CONTACT: Cynthia Ferrio, Fishery Policy 
Analyst, (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 
under the Northeast Skate Complex Fishery Management Plan (FMP). This 
FMP was originally adopted in 2003, and the FMP management goal and 
objectives have been unchanged since that time. This action updates two 
of the seven management objectives of the Northeast Skate FMP, with the 
intent to ensure that skate management continues to reflect and address 
the current needs and condition of the skate fishery.
    Over the course of several meetings throughout 2021, the Council 
determined that a few aspects within the existing FMP objectives are 
out of date and should be revised. These updates were originally 
included in Amendment 5 to the Northeast Skate FMP (85 FR 84304), and 
subsequently Framework Adjustment 9 to the FMP (86 FR 64186), before 
both actions were discontinued. On February 1, 2022, the Council voted 
to submit the revisions to the Northeast Skate FMP objectives as 
Amendment 8. Although FMP objectives guide management decisions for the 
skate fishery, they are not formally codified within the regulatory 
text, and the changes within this action are administrative in nature 
with no immediate or direct impact on the fishery and/or the skate 
regulations.
    NMFS published a Notification of Availability (NOA) for Amendment 8 
in the Federal Register on April 1, 2022 (87 FR 19063), with a comment 
period ending on May 31, 2022. See the Comments and Responses section 
for additional detail.
    The Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act) allows NMFS as the implementing agency to 
approve, partially approve, or disapprove measures recommended by the 
Council in an amendment based on whether the action is consistent with 
the FMP, the Magnuson-Stevens Act and its National Standards, and other 
applicable law. After considering public comment on the NOA, NMFS 
approved Amendment 8 in its entirety on June 24, 2022. This notice 
announces the Agency's decision to approve Amendment 8.

Approved Action

    NMFS is approving Amendment 8 in its entirety as adopted by the 
Council. This action revises two of the seven objectives of the 
Northeast Skate Complex FMP, to update guidance for regulatory 
decisions and to ensure that skate management continues to reflect and 
address the current needs and condition of the fishery. Prior to 
revision, these objectives referenced some rebuilt species of skate as 
overfished, and future goals for the fishery that have already been 
accomplished. Amendment 8 updates skate management objectives 2 and 5 
to read as follows:
     Objective 2: Implement measures to: protect any overfished 
species of skates and increase their biomass to target levels and 
prevent overfishing of the species in the Northeast skate complex--this 
may be accomplished through management measures in other FMPs 
(groundfish, monkfish, scallops), skate-specific management measures, 
or a combination, as necessary.
     Objective 5: Promote and encourage skate research for 
critical biological, ecological, and fishery information based on the 
research needs identified and updated by the Council.
    Additional information on this action can be found in the Council 
document and CE for this amendment (See ADDRESSES).

Comments and Responses

    NMFS received one comment during the public comment period for this 
action. The comment was not directly responsive to the action, but 
concerned the overall preservation of skate species. NMFS agrees that 
conservation of the skate resource is important, and the revision of 
management goals and objectives in this action will help achieve this 
purpose. After careful consideration of the received comment, NMFS is 
approving Amendment 8 in its entirety.

Changes From the Proposed Action

    There are no changes to the action recommended by the Council and 
described in the Notification of Availability for Amendment 8 to the 
Northeast Skate Complex FMP.

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

    Dated: June 24, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2022-13970 Filed 6-29-22; 8:45 am]
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