[Federal Register Volume 89, Number 101 (Thursday, May 23, 2024)]
[Proposed Rules]
[Pages 45621-45623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11129]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 240510-0135]
RIN 0648-BM96


Fisheries of the Northeastern United States; Northeast Skate 
Complex; Framework Adjustment 12

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to implement measures recommended by the New 
England Fishery Management Council in Framework Adjustment 12 to the 
Northeast Skate Complex Fishery Management Plan. This action would 
specify skate catch limits for fishing years 2024 and 2025, increase 
seasonal trip limits for the wing fishery, and remove species-specific 
restrictions for barndoor and smooth skate. 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 June 24, 2024.

ADDRESSES: The New England Fishery Management Council (Council) has 
prepared a draft environmental assessment (EA) for this action that 
describes the proposed measures in Framework 12 and other considered 
alternatives and analyzes the impacts of the proposed measures and 
alternatives. The Council submitted a draft of Framework 12 to NMFS 
that includes the draft EA, a description of the Council's preferred 
alternatives, the Council's rationale for selecting each alternative, 
and an Initial Regulatory Flexibility Analysis (IRFA). Copies of the 
draft of Framework 12, the draft EA, the IRFA, and information on the 
economic impacts of this proposed rulemaking are available upon request 
from Dr. Cate O'Keefe, Executive Director, New England Fishery 
Management Council, 50 Water Street, Newburyport, MA 01950 and 
accessible via the internet in documents available at: https://www.nefmc.org/library/skate-framework-12.
    You may submit comments on this document, identified by NOAA-NMFS-
2024-0056, by either of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and 
enter NOAA-NMFS-2024-0056 in the Search box (note: copying and pasting 
the FDMS Docket Number directly from this document may not yield search 
results). Click on the ``Comment'' icon, complete the required fields, 
and enter or attach your comments.
    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 
https://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).

FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Policy 
Analyst, (978) 282-8456.

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). 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 March 17, 2022; 87 FR 15146) expired on 
April 30, 2024, but through a rollover provision in the regulations 
will remain effective until the final rule for this action is 
implemented.
    In the fall of 2023, the Northeast Skate Complex FMP underwent a 
level-3 management track assessment that re-estimated commercial 
fishery catch data, updated survey biomass indices, added recreational 
catch to total catch, and updated reference points. The assessment also 
included projections of total fishery catch of skates for 2024 and 
2025. The Council took final action on this framework at the December 
2023 meeting in Newport, RI.

Proposed Measures

    Framework 12 would set management measures and specifications for 
the skate fishery for the 2024-2025 fishing years. The measures 
proposed in this action would decrease the annual catch limit to 32,155 
mt (from 37,236 mt in 2023) and the overall total allowable landings to 
15,178 mt (from 21,142 mt in 2023). A comparison of the current 2023 
and the proposed 2024-2025 specifications is summarized below in table 
1. Specifications for fishing year 2025 are projected to be the same as 
those proposed for 2024. The proposed specifications would result in a 
26-percent decrease in both the bait and wing fisheries' total 
allowable landings. Although a decrease, the proposed quotas remain 
higher than landings in the bait and wing fisheries for at least the 
last three years; therefore, we do not expect the proposed quotas to be 
restrictive to the fishery or to result in reductions in overall 
revenue. The Council will review the projected 2025 specifications to 
determine if any changes need to be made prior to the 2025 fishing 
year. We will publish a notice prior to the 2025 fishing year to 
confirm these limits as projected or publish a proposed rule for any 
necessary changes.

[[Page 45622]]



Table 1--Comparison of Current 2023 and Proposed 2024-2025 Skate Fishery
                     Specifications, in Metric Tons
------------------------------------------------------------------------
                                       2023       2024-25      Percent
                                    (current)    (proposed)     change
------------------------------------------------------------------------
ABC/ACL..........................       37,236       32,155          -14
ACT (90% of ACL).................       33,513       28,940          -14
Overall Fishery TAL..............       21,142       15,718          -26
Wing TAL (66.5% of Overall TAL)..       14,059       10,453          -26
Wing Season 1 TAL (57% of Wing           8,014        5,958          -26
 TAL)............................
Wing Season 2 TAL................        6,045        4,495          -26
Bait TAL (33.5% of Overall TAL)..        7,082        5,266          -26
Bait Season 1 TAL (30.8% of Bait         2,181        1,622          -26
 TAL)............................
Bait Season 2 TAL (37.1% of Bait         2,627        1,954          -26
 TAL)............................
Bait Season 3 TAL................        2,274        1,690          -26
------------------------------------------------------------------------

    This proposed action would also increase the seasonal skate wing 
possession limits when fishing on a day-at-sea (DAS) by 1,000 lb (453.6 
kg) per trip. The wing fishery trip limit in Season 1 (May 1-August 31) 
would increase from 3,000 lb to 4,000 lb (1,360.8 kg to 1,814.4 kg), 
and the Season 2 (September 1-April 30) wing fishery trip limit would 
increase from 5,000 lb to 6,000 lb (2,268 kg to 2,721.6 kg). This 
action also proposes to increase incidental skate wing possession 
limits by 25 percent. For trips fishing on a Northeast multispecies B-
DAS, the possession limit would increase from 220 lb to 275 lb (99.8 kg 
to 124.7 kg), and for trips not fishing on a DAS, the possession limit 
would increase from 500 lb to 625 lb (226.8 kg to 283.5 kg). The intent 
behind increased possession limits is to reduce operational discards in 
the fishery and provide better economic flexibility and opportunity to 
vessels. Even with the reduction in annual quota, this trip limit 
increase is not expected to result in overages or increased effort 
because of the Regional Administrator's authority to reduce the 
possession limits to an incidental catch limit when 85 percent of the 
quota is projected to be landed.
    In addition, this action proposes full re-integration of both 
barndoor and smooth skates into the skate complex by removing 
possession restrictions for either species. Both barndoor and smooth 
skates have been considered rebuilt for at least the last five years. 
Accordingly, the need to manage barndoor and smooth skates as 
individual stocks is no longer warranted. These two species will be 
managed as components of the skate complex, as initially intended when 
the FMP was developed.
    Currently, vessels are prohibited from retaining smooth skates in 
the Gulf of Maine Regulated Mesh Area and are prohibited from retaining 
barndoor skates in certain circumstances. This action proposes to 
remove the limit specific to barndoor skate within the overall skate 
possession limits (i.e., the 25-percent partial possession limit for 
trips landing skate wings on a DAS), and possession would be allowed on 
all trips in the skate fishery. This action also proposes to remove the 
smooth skate possession restriction on all trips landing skate in both 
the wing and bait skate fisheries.

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 fishing year 2022 data, the 
most recent complete set of data available, and the commercial 
ownership affiliate database indicated that the skate fishery had 244 
vessels with Federal permits that landed skates in 2022. Those 244 
vessels were owned by a total of 149 business entities that could be 
directly affected by this action. Of the 149 affiliate groups that 
landed skate, one entity was classified as a for-hire business, rather 
than a commercial business. In addition, one entity was classified as 
`large' (rather than `small') per SBA guidelines of having over $11 
million in annual fishing revenues in 2022. All 149 entities could be 
directly affected by this proposed action.
    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 decrease the available catch limits in both the bait and 
wing skate fisheries for fishing years 2024-2025 and increase seasonal 
possession limits for the wing fishery. Although the proposed quotas 
would decrease from previous years, they remain higher than landings in 
both the wing and bait fisheries for at least the last four years; 
therefore, the reduction is not expected to be restrictive to the 
fishery or result in reductions in revenue. This action is expected to 
result in slightly increased revenues and economic benefits on a per 
trip basis with the removal of species-specific restrictions for 
barndoor and smooth skates, higher possession limits in the wing 
fishery, and the conversion of operational discards to landings, while 
providing additional flexibility and fishing opportunity. 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.

[[Page 45623]]

    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: May 10, 2024.
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 paragraph (v)(2) 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) [Reserved]
* * * * *
0
3. In Sec.  648.322, revise paragraphs (b)(1) through (4), and 
paragraph (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 4,000 lb (1,814 kg) of skate wings (9,080lb (4,119 kg) 
whole weight) per trip in Season 1 (May 1 through August 31), and 6,000 
lb (2,722 kg) of skate wings (13,620 lb (6,178kg) 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) [Reserved]
    (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 275 lb (125 kg) of skate wings (624 lb (283 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 any 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. 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 625 lb (283 kg) of skate wings or 1419 lb (644 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 
any prohibited skate species (see Sec.  648.14(v)(2) and paragraph (g) 
of this section).
* * * * *
    (g) Prohibitions on possession of skates. A vessel fishing in the 
EEZ portion of the Skate Management Unit may not retain, possess, or 
land thorny skates taken in or from the EEZ portion of the Skate 
Management Unit.

[FR Doc. 2024-11129 Filed 5-22-24; 8:45 am]
BILLING CODE 3510-22-P