Fisheries of the Northeastern United States; Northeast Skate Fishery; Framework Adjustment 2, 51504-51506 [2014-20687]
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Federal Register / Vol. 79, No. 168 / Friday, August 29, 2014 / Rules and Regulations
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Therefore, effective August 26, 2014, the
Eastern U.S./Canada Area is closed for
the remainder of the fishing year,
through April 30, 2015, to all common
pool vessels. Effective August 26, 2014,
it is unlawful for a common pool vessel
to declare into, enter, or fish in the
Eastern U.S./Canada Area. This
restriction does not apply to the
groundfish trip of a common pool vessel
that crossed the VMS demarcation line
before August 26, 2014. The Eastern
U.S./Canada Area will reopen to
common pool vessels at the beginning of
fishing year 2015, on May 1, 2015. Any
overages of an Eastern Georges Bank
TAC will be deducted from the
following fishing year.
Weekly quota monitoring reports for
the common pool fishery can be found
on our Web site at: https://
www.nero.noaa.gov/ro/fso/
MultiMonReports.htm. We will continue
to monitor common pool catch through
vessel trip reports, dealer-reported
landings, vessel monitoring system
catch reports, and other available
information and, if necessary, we will
make additional adjustments to
common pool management measures.
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
The Assistant Administrator for
Fisheries, NOAA, finds good cause
pursuant to 5 U.S.C. 553(b)(B) and 5
U.S.C. 553(d)(3) to waive prior notice
and the opportunity for public comment
and the 30-day delayed effectiveness
period because it would be
impracticable and contrary to the public
interest.
The Eastern U.S./Canada Area closure
is required by regulation in order to
reduce the probability of the common
pool fishery exceeding its TAC of
Eastern Georges Bank cod, or if
exceeded, reduce further overage of the
TAC. Any overages of the common
pool’s TACs would undermine
conservation objectives and trigger the
implementation of accountability
measures that would have negative
economic impacts on common pool
vessels. The data and information
showing that Eastern Georges Bank cod
is projected to have exceeded its TAC
for the stock only became available
recently. The time necessary to provide
for prior notice and comment, and a 30day delay in effectiveness, would
prevent NMFS from implementing the
necessary
Eastern U.S./Canada Area closure in a
timely manner, which could undermine
management objectives of the NE
Multispecies Fishery Management Plan,
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and cause negative economic impacts to
the common pool fishery.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 26, 2014.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2014–20649 Filed 8–26–14; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 140220160–4692–02]
RIN 0648–BD99
Fisheries of the Northeastern United
States; Northeast Skate Fishery;
Framework Adjustment 2
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS approves and
implements measures in Framework
Adjustment 2 to the Northeast Skate
Complex Fishery Management Plan,
which was developed by the New
England Fishery Management Council.
The approved management measures
include updated skate fishery
specifications for the 2014–2015 fishing
years and changes to skate reporting
requirements. The action is necessary to
update the Fishery Management Plan to
be consistent with the best available
scientific information, and improve
management of the skate fisheries. The
rule is expected to help conserve skate
stocks, while maintaining economic
opportunities for the skate fisheries.
DATES: This rule is effective September
29, 2014.
ADDRESSES: Copies of the framework,
including the Environmental
Assessment and Regulatory Impact
Review (EA/RIR) and other supporting
documents for the action are available
from Thomas A. Nies, Executive
Director, New England Fishery
Management Council, 50 Water Street,
Mill 2, Newburyport, MA 01950. The
framework is also accessible via the
Internet at: https://www.nero.noaa.gov.
NMFS prepared a Final Regulatory
Flexibility Analysis (FRFA), which is
contained in the Classification section
of this rule. Copies of the FRFA and the
Small Entity Compliance Guide are
available from the Regional
SUMMARY:
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Administrator, Greater Atlantic Regional
Fisheries Office, NMFS, 55 Great
Republic Drive, Gloucester, MA 01930,
and are available via the Internet at:
https://www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Tobey Curtis, Fishery Policy Analyst,
(978) 281–9273.
SUPPLEMENTARY INFORMATION:
Background
The New England Fishery
Management Council is responsible for
developing management measures for
skate fisheries in the northeastern U.S.
through the Northeast Skate Complex
Fishery Management Plan (Skate FMP).
Seven skate species are managed under
the Skate FMP: Winter; little; thorny;
barndoor; smooth; clearnose; and
rosette. The Council’s Scientific and
Statistical Committee reviews the best
available information on the status of
skate populations and makes
recommendations on acceptable
biological catch (ABC) for the skate
complex (all seven species). This
recommendation is then used as the
basis for catch limits and other
management measures for the skate
fisheries.
This final rule approves and
implements measures contained in
Framework Adjustment 2 to the Skate
FMP. The Council developed
Framework 2 to update the skate fishery
specifications (i.e., annual catch limit
(ACL), annual catch target (ACT), total
allowable landings (TAL), and
possession limits) for fishing years 2014
and 2015. Framework 2 also includes
adjustments to reporting requirements
for skate vessels and dealers. A
proposed rule to implement the
measures contained in Framework 2
published in the Federal Register on
May 21, 2014 (79 FR 29154), with
public comments accepted through June
20, 2014. Details concerning the
development of Framework 2 and the
proposed measures were contained in
the preamble of the proposed rule and
are not repeated here.
Final Measures
2014–2015 Specifications
Based upon the recommendations of
the Council, the Skate ABC and
associated catch limits are being
reduced approximately 30 percent from
2013 levels. The catch reduction is
largely based on declines in trawl
survey biomass for the more abundant
little and winter skate species (refer to
the EA for more details; see ADDRESSES).
NMFS is implementing the following
specifications for the skate fishery for
the 2014–2015 fishing years:
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1. Skate ABC and ACL of 78.218
million lb (35,479 mt);
2. ACT of 58.663 million lb (26,609
mt);
3. TAL of 36.123 million lb (16,385
mt) (the skate wing fishery is allocated
66.5 percent of the TAL (24.022 million
lb (10,896 mt)) and the skate bait fishery
is allocated 33.5 percent of the TAL
(12.101 million lb (5,489 mt)), divided
into three seasons according to the
regulations at § 648.322);
4. Status quo skate bait possession
limit, as defined in § 648.322(c): 25,000
lb (11,340 kg) whole weight per trip for
vessels carrying a valid Skate Bait Letter
of Authorization; and
5. Status quo skate wing possession
limits, as defined in § 648.322(b): 2,600
lb (1,179 kg) wing weight per trip for
Season I (May 1 through August 31),
and 4,100 lb (1,860 kg) wing weight per
trip for Season II (September 1 through
April 30) for vessels fishing on a
Northeast Multispecies, Monkfish, or
Scallop Day-at-Sea. The Northeast
Multispecies Category-B Day-at-Sea
possession limit remains at 220 lb (100
kg) wing weight per trip, and the nonDay-at-Sea incidental possession limit
remains at 500 lb (227 kg) wing weight
per trip.
NMFS is not implementing any
changes to the existing in-season
incidental possession limit trigger
points (85 percent in the wing fishery,
90 percent in the bait fishery). While
these reductions in catch limits are
expected to address the current
overfishing status for winter skates (not
overfished), the Council intends to
develop a new skate action during 2014
to address overfishing and rebuild
overfished thorny skates.
Vessel and Dealer Reporting
Requirements
A long-term goal of the Skate FMP has
been to improve species-specific skate
catch information. Through this final
rule, fishing vessels and dealers will no
longer be permitted to report
‘‘unclassified skate,’’ which hinders
single-species assessment and
management efforts. Skate bait vessels
and dealers are now required to report
landings by species from among the
following options: Winter skate; little
skate; little/winter skate (unknown mix
of these two species); barndoor skate;
smooth skate; thorny skate; clearnose
skate; or rosette skate. Skate wing
vessels and dealers are now required to
report landings by species from among
these options: Winter skate; barndoor
skate; thorny skate; or clearnose skate.
These reporting options have always
been available to vessels and dealers,
but they have been uncommonly used.
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Based upon NMFS port sampling
data, over 98 percent of skate wing
fishery landings are composed of winter
skate, so it is expected that most of the
‘‘unclassified’’ skate wing landings
would translate into ‘‘winter skate’’
landings. Similarly, approximately 90
percent of skate bait landings are
composed of little skate, with the
remainder being largely comprised of
juvenile winter skates. Therefore,
‘‘unclassified’’ landings in the bait
fishery are expected to translate into
‘‘little skate’’ or ‘‘little/winter skate’’
landings. While in most circumstances
it is unlawful to retain, land, or possess
barndoor, thorny, and smooth skates,
vessels and fish dealers must still report
the unauthorized landing of these
species when they occur. Outreach,
education, and continued monitoring of
landings by NMFS will aid fishing
vessels and dealers with this transition.
Comments and Responses
Only a single comment was received
on the proposed rule. No changes were
made to the final rule as a result of the
comment.
Comment: A marine conservation
organization commented that it was
largely supportive of the proposed skate
fishery specifications, but suggested that
more should be done to rebuild the
overfished thorny skate. Additionally,
they suggested that reporting options for
all seven skate species should be
maintained in the skate wing fishery
(rather than just for the four species that
are considered of marketable size for the
wing market).
Response: NMFS and the Council
acknowledge the overfished condition
of thorny skate, and the Council is
expected to start developing a new
action to address thorny skate
rebuilding later this year. Thorny skate
is already a prohibited species, and
potential additional measures to address
thorny skate rebuilding could not be
analyzed in time to be considered
within Framework 2. With respect to the
reporting options, the Council
recommended, and NMFS agrees, that
little, smooth, and rosette skate
reporting options are not necessary in
the wing fishery at this time, because
those species are not currently landed in
the skate wing fishery due to their small
size. If market conditions change,
reporting options for those species can
be added in the future.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Fishery
Conservation and Management Act, the
NMFS Assistant Administrator has
made a determination that this rule is
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consistent with the Skate FMP, other
provisions of the Magnuson-Stevens
Act, and other applicable law.
This action has been determined to be
not significant for the purpose of
Executive Order (E.O.) 12866.
Pursuant to section 604 of the
Regulatory Flexibility Act (RFA), NMFS
has prepared a Final Regulatory
Flexibility Analysis (FRFA) in support
of this action. The FRFA incorporates
the Initial Regulatory Flexibility
Analysis (IRFA), a summary of the
significant issues raised by the public
comments in response to the IRFA,
NMFS’ response to those comments,
relevant analyses contained in the
action and its EA, and a summary of the
analyses completed to support the
action in this rule. A copy of the
analyses and the EA are available from
the Council (see ADDRESSES). A
summary of the IRFA was published in
the proposed rule for this action and is
not repeated here. A description of why
this action was considered, the
objectives of, and the legal basis for this
rule is contained in the preamble to the
proposed rule and this final rule and is
not repeated here.
A Summary of the Significant Issues
Raised by the Public in Response to the
IRFA, a Summary of the Agency’s
Assessment of Such Issues, and
Statement of Any Changes Made in the
Proposed Rule as a Result of Such
Comments
Only one comment was received on
the proposed rule. For a summary of the
comment, and NMFS’ response, see the
Comments and Responses section
above. The comment did not raise any
issues or concerns related to the IRFA
or the economic impacts of the rule
more generally, and no changes were
made to the rule as a result of the
comment.
Description and Estimate of Number of
Small Entities To Which the Rule Would
Apply
This rule will impact fishing vessels,
including commercial fishing entities.
In 2012, there were 2,265 vessels that
held an open access skate permit.
However, not all of those vessels are
active participants in the fishery. If two
or more vessels have identical owners,
these vessels should be considered to be
part of the same firm, because they may
have the same owners. According to the
Small Business Administration (SBA),
firms are classified as finfish or shellfish
firms based on the activity which they
derive the most revenue. Using the
$5.5M cutoff for shellfish firms (NAICS
114112) and the $20.5M cutoff for
finfish firms (NAICS 114111), there are
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Federal Register / Vol. 79, No. 168 / Friday, August 29, 2014 / Rules and Regulations
526 active fishing firms, of which 519
are small entities and 7 are large
entities. On average, for small entities,
skate is responsible for a small fraction
of landings, and active participants
derive a small share of gross receipts
from the skate fishery (approximately 34
percent in 2011 and 2012 fishing years
came from skate revenue).
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Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
This action does not introduce any
new reporting, recordkeeping, or other
compliance requirements. This rule
does not duplicate, overlap, or conflict
with other Federal rules.
Description of the Steps the Agency Has
Taken To Minimize the Significant
Economic Impact on Small Entities
Consistent With the Stated Objectives of
Applicable Statutes
During 2012, total revenues from
skate landings were valued at
approximately $6.6 million. The 2012
data are representative of an averagelandings skate year, whereas the 2011
data are representative of a recent highlandings skate year. Compared to the no
action alternative, the Preferred
Alternative’s reduction in the skate
TALs (30 percent) could reduce
potential annual skate revenues.
However, the fishing year 2012 and
2013 skate landings were below the TAL
implemented by this action, suggesting
that it is unlikely that potential revenue
losses would be directly commensurate
with the TAL reduction. If skate
landings in 2014 and 2015 are
comparable to those observed in 2012
and 2013, then the skate fishery may
experience no loss of skate revenue, but
may actually come closer to fully
harvesting the available amount of
landings.
The preferred (status quo) skate wing
and bait possession limit alternatives
were selected because they have a high
likelihood of providing a consistent rate
of skate landings for the entire fishing
year, while likely achieving 100 percent
of the respective TALs. Alternatives
with lower possession limits (one
alternative in each fishery: 1,500 lb (680
kg)/2,400 lb (1,089 kg) in the wing
fishery; 20,000 lb (9,072 kg) in the bait
fishery) would increase the likelihood of
not achieving the proposed TAL by the
end of the year, resulting in losses of
potential skate revenues. A single
alternative for a higher skate wing
possession limit (5,000 lb (2,268 kg))
was not preferred because it was
projected to reach the in-season
incidental possession limit trigger point
(85 percent of the TAL) early in the
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fishing year, effectively closing the
directed skate wing fishery for part of
the year, which would result in
distributional shifts of benefits from
late-season harvesters to summer
harvesters.
Changes to skate vessel and dealer
reporting requirements are
administrative measures, and the
preferred and no action alternatives
have no associated economic impacts.
Vessels and dealers are already required
to report the skates that they catch/
purchase.
Small Entity Compliance Guide
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as ‘‘small entity
compliance guides.’’ The agency shall
explain the actions a small entity is
required to take to comply with a rule
or group of rules. As part of this
rulemaking process, a letter to permit
holders that also serves as small entity
compliance guide was prepared. Copies
of this final rule are available from the
Greater Atlantic Regional Fisheries
Office, and the guide, i.e., permit holder
letter, will be sent to all holders of
permits for the skate fishery. The guide
and this final rule will be available
upon request, and posted on the Greater
Atlantic Regional Fisheries Office’s Web
site at www.nero.noaa.gov.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: August 25, 2014.
Eileen Sobeck,
Assistant Administrator for Fisheries,
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
(iii) Dealer reporting requirements for
skates. In addition to the requirements
under paragraph (a)(1)(i) of this section,
dealers shall report the species of skates
received as specified in this paragraph.
Species of skates received as bait shall
be identified according to the following
categories: Winter skate, little skate,
little/winter skate, barndoor skate,
smooth skate, thorny skate, clearnose
skate, and rosette skate. Species of
skates received as wings (or other
product forms not used for bait) shall be
identified according to the following
categories: Winter skate, barndoor skate,
thorny skate, and clearnose skate. NMFS
will provide dealers with a skate species
identification guide.
*
*
*
*
*
(b) * * *
(1) * * *
(iii) Vessel reporting requirements for
skates. In addition to the requirements
under paragraph (b)(1)(i) of this section,
the owner or operator of any vessel
issued a skate permit shall report the
species of skates landed as specified in
this paragraph. Species of skates landed
for bait shall be identified according to
the following categories: Winter skate,
little skate, little/winter skate, barndoor
skate, smooth skate, thorny skate,
clearnose skate, and rosette skate.
Species of skates landed as wings (or
other product forms not used for bait)
shall be identified according to the
following categories: Winter skate,
barndoor skate, thorny skate, and
clearnose skate. Discards of skates shall
be reported according to two size
classes, large skates (greater than or
equal to 23 inches (58.42 cm) in total
length) and small skates (less than 23
inches (58.42 cm) in total length). NMFS
will provide vessel owners or operators
that intend to land skates with a skate
identification guide to assist in this data
collection program.
*
*
*
*
*
[FR Doc. 2014–20687 Filed 8–28–14; 8:45 am]
BILLING CODE 3510–22–P
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.7, revise paragraphs
(a)(1)(iii) and (b)(1)(iii) to read as
follows:
■
§ 648.7 Recordkeeping and reporting
requirements.
(a) * * *
(1) * * *
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]]>Agencies
[Federal Register Volume 79, Number 168 (Friday, August 29, 2014)]
[Rules and Regulations]
[Pages 51504-51506]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20687]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 140220160-4692-02]
RIN 0648-BD99
Fisheries of the Northeastern United States; Northeast Skate
Fishery; Framework Adjustment 2
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS approves and implements measures in Framework Adjustment
2 to the Northeast Skate Complex Fishery Management Plan, which was
developed by the New England Fishery Management Council. The approved
management measures include updated skate fishery specifications for
the 2014-2015 fishing years and changes to skate reporting
requirements. The action is necessary to update the Fishery Management
Plan to be consistent with the best available scientific information,
and improve management of the skate fisheries. The rule is expected to
help conserve skate stocks, while maintaining economic opportunities
for the skate fisheries.
DATES: This rule is effective September 29, 2014.
ADDRESSES: Copies of the framework, including the Environmental
Assessment and Regulatory Impact Review (EA/RIR) and other supporting
documents for the action are available from Thomas A. Nies, Executive
Director, New England Fishery Management Council, 50 Water Street, Mill
2, Newburyport, MA 01950. The framework is also accessible via the
Internet at: https://www.nero.noaa.gov.
NMFS prepared a Final Regulatory Flexibility Analysis (FRFA), which
is contained in the Classification section of this rule. Copies of the
FRFA and the Small Entity Compliance Guide are available from the
Regional Administrator, Greater Atlantic Regional Fisheries Office,
NMFS, 55 Great Republic Drive, Gloucester, MA 01930, and are available
via the Internet at: https://www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Tobey Curtis, Fishery Policy Analyst,
(978) 281-9273.
SUPPLEMENTARY INFORMATION:
Background
The New England Fishery Management Council is responsible for
developing management measures for skate fisheries in the northeastern
U.S. through the Northeast Skate Complex Fishery Management Plan (Skate
FMP). Seven skate species are managed under the Skate FMP: Winter;
little; thorny; barndoor; smooth; clearnose; and rosette. The Council's
Scientific and Statistical Committee reviews the best available
information on the status of skate populations and makes
recommendations on acceptable biological catch (ABC) for the skate
complex (all seven species). This recommendation is then used as the
basis for catch limits and other management measures for the skate
fisheries.
This final rule approves and implements measures contained in
Framework Adjustment 2 to the Skate FMP. The Council developed
Framework 2 to update the skate fishery specifications (i.e., annual
catch limit (ACL), annual catch target (ACT), total allowable landings
(TAL), and possession limits) for fishing years 2014 and 2015.
Framework 2 also includes adjustments to reporting requirements for
skate vessels and dealers. A proposed rule to implement the measures
contained in Framework 2 published in the Federal Register on May 21,
2014 (79 FR 29154), with public comments accepted through June 20,
2014. Details concerning the development of Framework 2 and the
proposed measures were contained in the preamble of the proposed rule
and are not repeated here.
Final Measures
2014-2015 Specifications
Based upon the recommendations of the Council, the Skate ABC and
associated catch limits are being reduced approximately 30 percent from
2013 levels. The catch reduction is largely based on declines in trawl
survey biomass for the more abundant little and winter skate species
(refer to the EA for more details; see ADDRESSES). NMFS is implementing
the following specifications for the skate fishery for the 2014-2015
fishing years:
[[Page 51505]]
1. Skate ABC and ACL of 78.218 million lb (35,479 mt);
2. ACT of 58.663 million lb (26,609 mt);
3. TAL of 36.123 million lb (16,385 mt) (the skate wing fishery is
allocated 66.5 percent of the TAL (24.022 million lb (10,896 mt)) and
the skate bait fishery is allocated 33.5 percent of the TAL (12.101
million lb (5,489 mt)), divided into three seasons according to the
regulations at Sec. 648.322);
4. Status quo skate bait possession limit, as defined in Sec.
648.322(c): 25,000 lb (11,340 kg) whole weight per trip for vessels
carrying a valid Skate Bait Letter of Authorization; and
5. Status quo skate wing possession limits, as defined in Sec.
648.322(b): 2,600 lb (1,179 kg) wing weight per trip for Season I (May
1 through August 31), and 4,100 lb (1,860 kg) wing weight per trip for
Season II (September 1 through April 30) for vessels fishing on a
Northeast Multispecies, Monkfish, or Scallop Day-at-Sea. The Northeast
Multispecies Category-B Day-at-Sea possession limit remains at 220 lb
(100 kg) wing weight per trip, and the non-Day-at-Sea incidental
possession limit remains at 500 lb (227 kg) wing weight per trip.
NMFS is not implementing any changes to the existing in-season
incidental possession limit trigger points (85 percent in the wing
fishery, 90 percent in the bait fishery). While these reductions in
catch limits are expected to address the current overfishing status for
winter skates (not overfished), the Council intends to develop a new
skate action during 2014 to address overfishing and rebuild overfished
thorny skates.
Vessel and Dealer Reporting Requirements
A long-term goal of the Skate FMP has been to improve species-
specific skate catch information. Through this final rule, fishing
vessels and dealers will no longer be permitted to report
``unclassified skate,'' which hinders single-species assessment and
management efforts. Skate bait vessels and dealers are now required to
report landings by species from among the following options: Winter
skate; little skate; little/winter skate (unknown mix of these two
species); barndoor skate; smooth skate; thorny skate; clearnose skate;
or rosette skate. Skate wing vessels and dealers are now required to
report landings by species from among these options: Winter skate;
barndoor skate; thorny skate; or clearnose skate. These reporting
options have always been available to vessels and dealers, but they
have been uncommonly used.
Based upon NMFS port sampling data, over 98 percent of skate wing
fishery landings are composed of winter skate, so it is expected that
most of the ``unclassified'' skate wing landings would translate into
``winter skate'' landings. Similarly, approximately 90 percent of skate
bait landings are composed of little skate, with the remainder being
largely comprised of juvenile winter skates. Therefore,
``unclassified'' landings in the bait fishery are expected to translate
into ``little skate'' or ``little/winter skate'' landings. While in
most circumstances it is unlawful to retain, land, or possess barndoor,
thorny, and smooth skates, vessels and fish dealers must still report
the unauthorized landing of these species when they occur. Outreach,
education, and continued monitoring of landings by NMFS will aid
fishing vessels and dealers with this transition.
Comments and Responses
Only a single comment was received on the proposed rule. No changes
were made to the final rule as a result of the comment.
Comment: A marine conservation organization commented that it was
largely supportive of the proposed skate fishery specifications, but
suggested that more should be done to rebuild the overfished thorny
skate. Additionally, they suggested that reporting options for all
seven skate species should be maintained in the skate wing fishery
(rather than just for the four species that are considered of
marketable size for the wing market).
Response: NMFS and the Council acknowledge the overfished condition
of thorny skate, and the Council is expected to start developing a new
action to address thorny skate rebuilding later this year. Thorny skate
is already a prohibited species, and potential additional measures to
address thorny skate rebuilding could not be analyzed in time to be
considered within Framework 2. With respect to the reporting options,
the Council recommended, and NMFS agrees, that little, smooth, and
rosette skate reporting options are not necessary in the wing fishery
at this time, because those species are not currently landed in the
skate wing fishery due to their small size. If market conditions
change, reporting options for those species can be added in the future.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act, the NMFS Assistant Administrator has
made a determination that this rule is consistent with the Skate FMP,
other provisions of the Magnuson-Stevens Act, and other applicable law.
This action has been determined to be not significant for the
purpose of Executive Order (E.O.) 12866.
Pursuant to section 604 of the Regulatory Flexibility Act (RFA),
NMFS has prepared a Final Regulatory Flexibility Analysis (FRFA) in
support of this action. The FRFA incorporates the Initial Regulatory
Flexibility Analysis (IRFA), a summary of the significant issues raised
by the public comments in response to the IRFA, NMFS' response to those
comments, relevant analyses contained in the action and its EA, and a
summary of the analyses completed to support the action in this rule. A
copy of the analyses and the EA are available from the Council (see
ADDRESSES). A summary of the IRFA was published in the proposed rule
for this action and is not repeated here. A description of why this
action was considered, the objectives of, and the legal basis for this
rule is contained in the preamble to the proposed rule and this final
rule and is not repeated here.
A Summary of the Significant Issues Raised by the Public in Response to
the IRFA, a Summary of the Agency's Assessment of Such Issues, and
Statement of Any Changes Made in the Proposed Rule as a Result of Such
Comments
Only one comment was received on the proposed rule. For a summary
of the comment, and NMFS' response, see the Comments and Responses
section above. The comment did not raise any issues or concerns related
to the IRFA or the economic impacts of the rule more generally, and no
changes were made to the rule as a result of the comment.
Description and Estimate of Number of Small Entities To Which the Rule
Would Apply
This rule will impact fishing vessels, including commercial fishing
entities. In 2012, there were 2,265 vessels that held an open access
skate permit. However, not all of those vessels are active participants
in the fishery. If two or more vessels have identical owners, these
vessels should be considered to be part of the same firm, because they
may have the same owners. According to the Small Business
Administration (SBA), firms are classified as finfish or shellfish
firms based on the activity which they derive the most revenue. Using
the $5.5M cutoff for shellfish firms (NAICS 114112) and the $20.5M
cutoff for finfish firms (NAICS 114111), there are
[[Page 51506]]
526 active fishing firms, of which 519 are small entities and 7 are
large entities. On average, for small entities, skate is responsible
for a small fraction of landings, and active participants derive a
small share of gross receipts from the skate fishery (approximately 34
percent in 2011 and 2012 fishing years came from skate revenue).
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
This action does not introduce any new reporting, recordkeeping, or
other compliance requirements. This rule does not duplicate, overlap,
or conflict with other Federal rules.
Description of the Steps the Agency Has Taken To Minimize the
Significant Economic Impact on Small Entities Consistent With the
Stated Objectives of Applicable Statutes
During 2012, total revenues from skate landings were valued at
approximately $6.6 million. The 2012 data are representative of an
average-landings skate year, whereas the 2011 data are representative
of a recent high-landings skate year. Compared to the no action
alternative, the Preferred Alternative's reduction in the skate TALs
(30 percent) could reduce potential annual skate revenues. However, the
fishing year 2012 and 2013 skate landings were below the TAL
implemented by this action, suggesting that it is unlikely that
potential revenue losses would be directly commensurate with the TAL
reduction. If skate landings in 2014 and 2015 are comparable to those
observed in 2012 and 2013, then the skate fishery may experience no
loss of skate revenue, but may actually come closer to fully harvesting
the available amount of landings.
The preferred (status quo) skate wing and bait possession limit
alternatives were selected because they have a high likelihood of
providing a consistent rate of skate landings for the entire fishing
year, while likely achieving 100 percent of the respective TALs.
Alternatives with lower possession limits (one alternative in each
fishery: 1,500 lb (680 kg)/2,400 lb (1,089 kg) in the wing fishery;
20,000 lb (9,072 kg) in the bait fishery) would increase the likelihood
of not achieving the proposed TAL by the end of the year, resulting in
losses of potential skate revenues. A single alternative for a higher
skate wing possession limit (5,000 lb (2,268 kg)) was not preferred
because it was projected to reach the in-season incidental possession
limit trigger point (85 percent of the TAL) early in the fishing year,
effectively closing the directed skate wing fishery for part of the
year, which would result in distributional shifts of benefits from
late-season harvesters to summer harvesters.
Changes to skate vessel and dealer reporting requirements are
administrative measures, and the preferred and no action alternatives
have no associated economic impacts. Vessels and dealers are already
required to report the skates that they catch/purchase.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a letter to permit holders that also serves as
small entity compliance guide was prepared. Copies of this final rule
are available from the Greater Atlantic Regional Fisheries Office, and
the guide, i.e., permit holder letter, will be sent to all holders of
permits for the skate fishery. The guide and this final rule will be
available upon request, and posted on the Greater Atlantic Regional
Fisheries Office's Web site at www.nero.noaa.gov.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: August 25, 2014.
Eileen Sobeck,
Assistant Administrator for Fisheries, 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. 648.7, revise paragraphs (a)(1)(iii) and (b)(1)(iii) to
read as follows:
Sec. 648.7 Recordkeeping and reporting requirements.
(a) * * *
(1) * * *
(iii) Dealer reporting requirements for skates. In addition to the
requirements under paragraph (a)(1)(i) of this section, dealers shall
report the species of skates received as specified in this paragraph.
Species of skates received as bait shall be identified according to the
following categories: Winter skate, little skate, little/winter skate,
barndoor skate, smooth skate, thorny skate, clearnose skate, and
rosette skate. Species of skates received as wings (or other product
forms not used for bait) shall be identified according to the following
categories: Winter skate, barndoor skate, thorny skate, and clearnose
skate. NMFS will provide dealers with a skate species identification
guide.
* * * * *
(b) * * *
(1) * * *
(iii) Vessel reporting requirements for skates. In addition to the
requirements under paragraph (b)(1)(i) of this section, the owner or
operator of any vessel issued a skate permit shall report the species
of skates landed as specified in this paragraph. Species of skates
landed for bait shall be identified according to the following
categories: Winter skate, little skate, little/winter skate, barndoor
skate, smooth skate, thorny skate, clearnose skate, and rosette skate.
Species of skates landed as wings (or other product forms not used for
bait) shall be identified according to the following categories: Winter
skate, barndoor skate, thorny skate, and clearnose skate. Discards of
skates shall be reported according to two size classes, large skates
(greater than or equal to 23 inches (58.42 cm) in total length) and
small skates (less than 23 inches (58.42 cm) in total length). NMFS
will provide vessel owners or operators that intend to land skates with
a skate identification guide to assist in this data collection program.
* * * * *
[FR Doc. 2014-20687 Filed 8-28-14; 8:45 am]
BILLING CODE 3510-22-P
