Fisheries of the Northeastern United States; Northeast Skate Complex Fishery; Secretarial Emergency Action, 66856-66859 [2011-27989]
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66856
Federal Register / Vol. 76, No. 209 / Friday, October 28, 2011 / Rules and Regulations
sentence of paragraph (c) to read as
follows:
§ 359.27 What is the issue date of a
definitive Series I savings bond?
DEPARTMENT OF COMMERCE
§ 353.5
The issue date of a definitive bond is
the first day of the month in which an
authorized issuing agent received
payment of the issue price.
National Oceanic and Atmospheric
Administration
17. Revise the last sentence of
§ 359.28 to read as follows:
[Docket No. 110818511–1641–03]
§ 359.28 Are Taxpayer Identification
Numbers (TINs) required for the registration
of definitive series I savings bonds?
Fisheries of the Northeastern United
States; Northeast Skate Complex
Fishery; Secretarial Emergency Action
General rules.
(a) Registration is conclusive of
ownership. Definitive savings bonds
were issued only in registered form.
* * *
*
*
*
*
*
(c) Registration of bonds purchased as
gifts. If the bonds were purchased as
gifts, awards, prizes, etc., and the
taxpayer identifying numbers of the
intended owners are not known, the
purchaser’s number must be furnished.
* * *
■ 11. Amend § 353.30 by revising the
first sentence to read as follows:
§ 353.30
Series EE bonds.
Definitive Series EE bonds were
issued at a discount. * * *
■ 12. Revise § 353.45 to read as follows:
§ 353.45
General.
(a) Reissue of a bond may be made
only under the conditions specified in
these regulations, and only at:
(1) A Federal Reserve Bank or Branch,
or
(2) The Bureau of the Public Debt.
(b) Reissue will not be made if the
request is received less than one full
calendar month before the final maturity
date of a bond. The request, however,
will be effective to establish ownership
as though the requested reissue had
been made. We reserve the right to
reissue savings bonds in book-entry
form only.
PART 359—OFFERING OF UNITED
STATES SAVINGS BONDS, SERIES I
13. The authority citation for part 359
continues to read as follows:
■
Authority: 5 U.S.C. 301; 12 U.S.C. 391; 31
U.S.C. 3105.
■
14. Revise § 359.4 to read as follows:
§ 359.4 In what form are Series I savings
bonds issued?
Series I savings bonds are issued in
book-entry form. Effective January 1,
2012, Treasury discontinued the
issuance of definitive Series I savings
bonds.
■ 15. Revise § 359.25 to read as follows:
tkelley on DSK3SPTVN1PROD with RULES
§ 359.25 What were the denominations and
prices of definitive Series I savings bonds?
Prior to January 1, 2012, definitive
Series I savings bonds were issued in
denominations of $50, $75, $100, $200,
$500, $1,000, $5,000, and $10,000.
These definitive bonds were sold at par;
that is, the purchase price was the same
as the denomination (face value).
■ 16. Revise § 359.27 to read as follows:
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■
* * * If the bond was purchased as
a gift or award and the owner’s TIN is
not known, the TIN of the purchaser
must be included in the registration of
the bond.
18. Remove and reserve § 359.29
through § 359.33.
■
■
19. Revise § 359.34 to read as follows:
§ 359.34 May I purchase definitive Series I
savings bonds over-the-counter?
Effective January 1, 2012, Treasury
discontinued the over-the-counter sale
of definitive Series I savings bonds.
■
20. Remove and reserve § 359.68.
PART 360—REGULATIONS
GOVERNING DEFINITIVE UNITED
STATES SAVINGS BONDS, SERIES I
21. The authority citation for part 360
continues to read as follows:
■
Authority: 5 U.S.C. 301; 12 U.S.C. 391; 31
U.S.C. 3105.
22. Amend § 360.5 by revising the first
sentence of paragraph (a) and the first
sentence of paragraph (c) to read as
follows:
■
§ 360.5
General rules.
(a) Registration is conclusive of
ownership. Definitive savings bonds
were issued only in registered form.
* * *
*
*
*
*
*
(c) Registration of bonds purchased as
gifts. If the bonds were purchased as
gifts, awards, prizes, etc., and the
taxpayer identifying numbers of the
intended owners are not known, the
purchaser’s number must be furnished.
* * *
■ 23. Amend § 360.45 by adding the
following sentence at the end of the
section:
§ 360.45
General.
* * * We reserve the right to reissue
savings bonds in book-entry form only.
Richard L. Gregg,
Fiscal Assistant Secretary.
[FR Doc. 2011–27740 Filed 10–27–11; 8:45 am]
BILLING CODE 4810–39–P
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50 CFR Part 648
RIN 0648–BB32
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; emergency
action.
AGENCY:
This final rule increases catch
limits in the Northeast skate fishery for
the remainder of the 2011 fishing year.
The increases are supported by the
latest scientific information that shows
significant increases in the abundance
of skates, and are intended to provide a
significant economic opportunity while
still protecting skates from overfishing.
DATES: Effective November 28, 2011,
through April 30, 2012.
ADDRESSES: A supplemental
environmental assessment (EA) was
prepared for this action. The
supplemental EA describes the action
and provides a thorough analysis of the
impacts of the proposed measures and
other alternatives that were considered.
Copies of the supplemental EA and the
Initial Regulatory Flexibility Analysis
(IRFA), are available on request from
Patricia A. Kurkul, Regional
Administrator, NMFS, Northeast
Regional Office, 55 Great Republic
Drive, Gloucester, MA 01930. These
documents are also available online at
https://www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Tobey Curtis, Fishery Policy Analyst,
(978) 281–9273; fax: (978) 281–9135.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The New England Fishery
Management Council (Council) manages
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
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Federal Register / Vol. 76, No. 209 / Friday, October 28, 2011 / Rules and Regulations
recommendation is then used as the
basis for catch limits and other
management measures for the skate
fisheries.
In June 2011, after 2011 measures had
been set for the skate fishery in
Amendment 3 to the Skate FMP, the
Scientific and Statistical Committee
gave the Council a new recommended
ABC for the skate complex totaling
50,435 mt. This new ABC justifies
raising skate catch limits for the rest of
the 2011 fishing season to allow the
fishery to harvest more skates and have
a longer fishing season, which should
increase the likelihood of achieving
optimum yield in this fishery. This
increase will help avoid the economic
impacts associated with possibly closing
the skate fisheries, and preserve a
significant economic opportunity that
otherwise might be foregone. In light of
this new ABC, the Council requested
that NMFS implement the revised catch
limits through an emergency action for
the remainder of the 2011 fishing year.
The Council will be using the new ABC
as the basis for setting quotas and other
measures for the 2012 and 2013 fishing
years.
NMFS has determined that there is
adequate justification to implement the
increase in skate catch limits through an
emergency action as provided for in
section 305(c) of the Magnuson-Stevens
Act (16 U.S.C. 1855(c)) as more fully
described below in the Classification
section. The preamble to the proposed
rule describes the recent history of the
Skate FMP, including the
implementation of Amendment 3
(which implemented annual catch
limits and accountability measures for
the 2010 and 2011 fishing years) and
Framework 1 (which adjusted
possession limits in the skate wing
fishery to lengthen the fishing season),
and the method in which catch limits
are calculated based on the ABC
recommendation (76 FR 53872, August
30, 2011).
tkelley on DSK3SPTVN1PROD with RULES
Approved Measures
Based on the new ABC
recommendation, this emergency action
implements the following changes to the
skate fishery for the rest of the 2011
fishing year:
1. The skate ABC and annual catch
limit are increased from 41,080 mt to
50,435 mt;
2. The annual catch target is increased
from 30,810 mt to 37,826 mt; and
3. The total allowable landings (i.e.,
quota) is increased from 13,848 mt to
21,561 mt. The skate wing fishery is
allocated 66.5 percent of the quota
(14,338 mt) and the skate bait fishery is
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allocated 33.5 percent of the quota
(7,223 mt).
Skate possession limits are unchanged
by this action. Until further notice, the
skate wing possession limit for vessels
using a day-at-sea will remain at 4,100
lb (1,860 kg) per trip (wing weight), and
the skate bait possession limit will
remain at 20,000 lb (9,072 kg) whole
weight per trip for vessels carrying a
Skate Bait Letter of Authorization.
Comments and Responses
On August 30, 2011 (76 FR 53872),
NMFS published a proposed rule
soliciting public comment on the
proposed increase in skate catch limits.
NMFS received three comments on the
proposed rule, all from nongovernmental organizations opposing
the proposed measures. This section
summarizes the principal comments
contained in the comment letters, and
NMFS’s response to those comments.
Comment 1: All three commenters
expressed concerns that the proposed
increase in skate catch limits would
adversely impact the overfished
population of thorny skates in U.S.
waters. Specifically, they said the quota
increases would result in increased
bycatch and discards of thorny skates,
and more precautionary management is
needed to help rebuild this vulnerable
stock.
Response: NMFS acknowledges the
overfished condition and vulnerability
of the thorny skate population.
Possession and landing of thorny skates
has been prohibited by the Skate FMP
since 2003, and it is listed as a Species
of Concern in the NMFS Proactive
Conservation Program. However, the
projected increase in thorny skate
bycatch mortality asserted by these
commenters is not likely to occur.
Vessels that participate in the skate
wing fishery mostly target other more
valuable species such as groundfish or
monkfish, and retain the skates they
catch incidentally. Therefore, overall
fishing effort is not directly influenced
by the skate quotas, but rather the effort
controls or quotas in these other
fisheries. Effort in the Northeast
multispecies (groundfish) fishery, the
primary source of skate discards, has
been significantly reduced in recent
years, resulting in reduced skate discard
rates. Increasing skate quotas effectively
allows these vessels to land the skates
that would otherwise have to be
discarded. Furthermore, recent analyses
by the Council’s Skate Plan
Development Team indicate that there is
not a considerable amount of overlap
between the trawl and gillnet fishing
effort (that accounts for most of the
skate landings) and the distribution of
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thorny skates. Most fishing occurs in
areas where thorny skates are not found.
Comment 2: One commenter argued
that this action should be withdrawn
because it does not constitute an
‘‘emergency,’’ and it does not meet
NMFS’s policy guidelines for use of
emergency rulemaking. The commenter
also suggested that this emergency
action does not meet the legal
requirements for public notice and
comment.
Response: NMFS has reviewed the
Council’s request for temporary
emergency rulemaking with respect to
section 305(c) of the Magnuson-Stevens
Act and NMFS policy guidance for the
use of emergency rules (62 FR 44421,
August 21, 1997), as more fully
described below in the Classification
section and in the proposed rule for this
action, and determined that the
Council’s request meets both the criteria
and justifications for invoking the
emergency rulemaking provisions of the
Magnuson-Stevens Act. Contrary to the
commenter’s arguments, emergency
actions under section 305(c) of the
Magnuson-Stevens Act, as discussed in
NMFS policy for such actions, can be
used to address economic concerns not
necessarily related to conservation
concerns (e.g., overfishing), and
Magnuson-Stevens Act emergency
actions have been used in the past for
economic purposes. Moreover, in this
case, prior notice and comment were
provided to better inform the public and
the agency before the agency made a
final decision to take this action.
Comment 3: One commenter
requested that this action be withdrawn
until NMFS issues its 90-day finding
determination on two recentlysubmitted petitions to list thorny,
barndoor, smooth, and winter skates as
threatened or endangered under the
Endangered Species Act (ESA).
Response: NMFS is currently
reviewing a petition from the Animal
Welfare Institute to list thorny skate,
and a joint petition from WildEarth
Guardians and the Friends of Animals
to list thorny, barndoor, smooth, and
winter skates as threatened or
endangered under the ESA. These
petitions are being considered
independently of this emergency action.
A 90-day finding is forthcoming on
whether these petitions present
substantial information indicating that
listing of these species may be
warranted. Delaying the final decision
on this action to accommodate the ESA
petition 90-day finding could
undermine the purpose of the action
because of the need to get this in place
as soon as possible. Since this
temporary rule is only effective for 180
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days, future Council actions for the
skate fishery may address additional
conservation measures, if necessary.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this rule is consistent with the
Skate FMP, other provisions of the
Magnuson-Stevens Act, and other
applicable law. NMFS has determined
that the new assessment of the status of
the skate complex, and the significantly
higher ABC recommendation, justifies
the emergency in-season adjustment
requested by the Council. NMFS
reviewed the Council’s request for
temporary emergency rulemaking with
respect to section 305(c) of the
Magnuson-Stevens Act and NMFS
policy guidance for the use of
emergency rules (62 FR 44421, August
21, 1997) and determined that the
Council’s request meets both the criteria
and justifications for invoking the
emergency rulemaking provisions of the
Magnuson-Stevens Act. Specifically, the
SSC revision of its previously
recommended ABC was a recent and
unforeseen event. Without this action
there would be a serious management
problem in the fishery, because it would
result in unnecessary closures and
economic impacts that are not
supported by the best available science.
This emergency rulemaking is justified
because increasing the FY 2011 skate
complex ABC, ACL, ACT, and TALs,
relieves restrictions imposed by the
previous, lower catch levels. This will
assist in preventing significant direct
economic loss for fishery participants
and associated industries that otherwise
would be subject to lower commercial
harvest levels, and will preserve a
significant economic opportunity that
would otherwise be foregone.
The Office of Management and Budget
has determined that this rule is not
significant for the purposes of Executive
Order 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 IRFA, a summary of the significant
issues raised by the public comments in
response to the IRFA, NMFS’s responses
to those comments, relevant analyses
contained in the action and its
supplemental EA and a summary of the
analyses completed to support the
action in this rule. A copy of the
analyses done in the action and
supplemental EA is available from
NMFS (see ADDRESSES). A summary of
the IRFA was published in the proposed
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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 a
Statement of Any Changes Made in the
Proposed Rule as a Result of Such
Comments
Three comments were received on the
proposed rule. For a summary of the
comments, and NMFS’s responses to
them, see the Comments and Responses
section above. None of the comments
raised issues or concerns related to the
IRFA, and no changes were made to the
rule as a result of the comments.
Description and Estimate of Number of
Small Entities to Which the Rule Would
Apply
The increase in the skate catch limits
would impact vessels that hold Federal
open access commercial skate permits
that participate in the skate fishery. For
the purposes of this analysis, each
permitted vessel is treated as a single
small entity and is determined to be a
small entity under the guidelines
established by the Small Business
Administration. All of these entities are
considered small businesses by the
Small Business Administration because
they have annual receipts not totaling
more than $4 million. Therefore, there
are no differential impacts between
large and small entities from this action.
According to the Framework 1 final rule
and FRFA (76 FR 28328, May 17, 2011),
as of December 31, 2010, there is a
maximum of 2,607 small fishing entities
that may be affected by this action (the
number of skate permit holders).
However, during the 2010 fishing year,
only 503 vessels landed skates for the
wing market, and only 56 landed skates
for the bait market.
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.
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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
The purpose of this action is to
increase the skate ABC and associated
catch limits in order to increase
landings, thereby extending the
duration of the fishing season and
helping to prevent the negative
economic impacts that would be
associated with an early closure of the
directed skate fisheries. NMFS
considered one alternative (No Action
Alternative) to the preferred alternative
implemented by this rule. Under the No
Action Alternative, the skate catch limit
would remain at 41,080 mt. This
alternative was rejected because it does
not represent the best available
scientific information, and would likely
result in negative economic impacts as
compared to the preferred alternative.
Compared to the other alternative
considered, this action is expected to
better maximize profitability for the
skate fishery by allowing higher levels
of landings for the duration of the 2011
fishing year while still being consistent
with requirements of the MagnusonStevens Act and other applicable law.
Therefore, the economic impacts
resulting from this action as compared
to the No Action Alternative are
positive, since the action would provide
additional fishing opportunity for
vessels participating in the skate fishery
for the 2011 fishing year.
The action is almost certain to result
in greater revenue from skate landings.
Based on recent landing information,
the skate fishery is able to land close to
the full amount of skates allowable
under the quotas. The estimated
potential revenue from the sale of skates
under the revised catch limits is
approximately $9.0 million, compared
to $5.8 million if this action were not
implemented. Due to the implications of
closing the directed skate fisheries early
in the fishing year, the higher catch
limits associated with this action will
result in additional revenue if fishing is
prolonged. According to analyses in
Framework 1, vessels that participate in
the skate fishery derive most (an average
of 96 percent) of their revenues from
other fisheries (e.g., groundfish,
monkfish). Therefore, relative to total
fishing revenues, catch limits of other
species would be expected to have more
significant economic impacts than
revenues derived from skates alone.
However, as skate prices have begun
increasing in recent years, more vessels
are deriving a greater proportion of their
income from skates.
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Small Entity Compliance Guide
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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
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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 (the guide) was
prepared. Copies of this final rule are
available from the Northeast Regional
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
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66859
upon request, and posted on the
Northeast Regional Office’s Web site at
https://www.nero.noaa.gov.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 25, 2011.
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
[FR Doc. 2011–27989 Filed 10–25–11; 4:15 pm]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 76, Number 209 (Friday, October 28, 2011)]
[Rules and Regulations]
[Pages 66856-66859]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27989]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 110818511-1641-03]
RIN 0648-BB32
Fisheries of the Northeastern United States; Northeast Skate
Complex Fishery; Secretarial Emergency Action
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; emergency action.
-----------------------------------------------------------------------
SUMMARY: This final rule increases catch limits in the Northeast skate
fishery for the remainder of the 2011 fishing year. The increases are
supported by the latest scientific information that shows significant
increases in the abundance of skates, and are intended to provide a
significant economic opportunity while still protecting skates from
overfishing.
DATES: Effective November 28, 2011, through April 30, 2012.
ADDRESSES: A supplemental environmental assessment (EA) was prepared
for this action. The supplemental EA describes the action and provides
a thorough analysis of the impacts of the proposed measures and other
alternatives that were considered. Copies of the supplemental EA and
the Initial Regulatory Flexibility Analysis (IRFA), are available on
request from Patricia A. Kurkul, Regional Administrator, NMFS,
Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA
01930. These documents are also available online at https://www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Tobey Curtis, Fishery Policy Analyst,
(978) 281-9273; fax: (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
The New England Fishery Management Council (Council) manages 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
[[Page 66857]]
recommendation is then used as the basis for catch limits and other
management measures for the skate fisheries.
In June 2011, after 2011 measures had been set for the skate
fishery in Amendment 3 to the Skate FMP, the Scientific and Statistical
Committee gave the Council a new recommended ABC for the skate complex
totaling 50,435 mt. This new ABC justifies raising skate catch limits
for the rest of the 2011 fishing season to allow the fishery to harvest
more skates and have a longer fishing season, which should increase the
likelihood of achieving optimum yield in this fishery. This increase
will help avoid the economic impacts associated with possibly closing
the skate fisheries, and preserve a significant economic opportunity
that otherwise might be foregone. In light of this new ABC, the Council
requested that NMFS implement the revised catch limits through an
emergency action for the remainder of the 2011 fishing year. The
Council will be using the new ABC as the basis for setting quotas and
other measures for the 2012 and 2013 fishing years.
NMFS has determined that there is adequate justification to
implement the increase in skate catch limits through an emergency
action as provided for in section 305(c) of the Magnuson-Stevens Act
(16 U.S.C. 1855(c)) as more fully described below in the Classification
section. The preamble to the proposed rule describes the recent history
of the Skate FMP, including the implementation of Amendment 3 (which
implemented annual catch limits and accountability measures for the
2010 and 2011 fishing years) and Framework 1 (which adjusted possession
limits in the skate wing fishery to lengthen the fishing season), and
the method in which catch limits are calculated based on the ABC
recommendation (76 FR 53872, August 30, 2011).
Approved Measures
Based on the new ABC recommendation, this emergency action
implements the following changes to the skate fishery for the rest of
the 2011 fishing year:
1. The skate ABC and annual catch limit are increased from 41,080
mt to 50,435 mt;
2. The annual catch target is increased from 30,810 mt to 37,826
mt; and
3. The total allowable landings (i.e., quota) is increased from
13,848 mt to 21,561 mt. The skate wing fishery is allocated 66.5
percent of the quota (14,338 mt) and the skate bait fishery is
allocated 33.5 percent of the quota (7,223 mt).
Skate possession limits are unchanged by this action. Until further
notice, the skate wing possession limit for vessels using a day-at-sea
will remain at 4,100 lb (1,860 kg) per trip (wing weight), and the
skate bait possession limit will remain at 20,000 lb (9,072 kg) whole
weight per trip for vessels carrying a Skate Bait Letter of
Authorization.
Comments and Responses
On August 30, 2011 (76 FR 53872), NMFS published a proposed rule
soliciting public comment on the proposed increase in skate catch
limits. NMFS received three comments on the proposed rule, all from
non-governmental organizations opposing the proposed measures. This
section summarizes the principal comments contained in the comment
letters, and NMFS's response to those comments.
Comment 1: All three commenters expressed concerns that the
proposed increase in skate catch limits would adversely impact the
overfished population of thorny skates in U.S. waters. Specifically,
they said the quota increases would result in increased bycatch and
discards of thorny skates, and more precautionary management is needed
to help rebuild this vulnerable stock.
Response: NMFS acknowledges the overfished condition and
vulnerability of the thorny skate population. Possession and landing of
thorny skates has been prohibited by the Skate FMP since 2003, and it
is listed as a Species of Concern in the NMFS Proactive Conservation
Program. However, the projected increase in thorny skate bycatch
mortality asserted by these commenters is not likely to occur. Vessels
that participate in the skate wing fishery mostly target other more
valuable species such as groundfish or monkfish, and retain the skates
they catch incidentally. Therefore, overall fishing effort is not
directly influenced by the skate quotas, but rather the effort controls
or quotas in these other fisheries. Effort in the Northeast
multispecies (groundfish) fishery, the primary source of skate
discards, has been significantly reduced in recent years, resulting in
reduced skate discard rates. Increasing skate quotas effectively allows
these vessels to land the skates that would otherwise have to be
discarded. Furthermore, recent analyses by the Council's Skate Plan
Development Team indicate that there is not a considerable amount of
overlap between the trawl and gillnet fishing effort (that accounts for
most of the skate landings) and the distribution of thorny skates. Most
fishing occurs in areas where thorny skates are not found.
Comment 2: One commenter argued that this action should be
withdrawn because it does not constitute an ``emergency,'' and it does
not meet NMFS's policy guidelines for use of emergency rulemaking. The
commenter also suggested that this emergency action does not meet the
legal requirements for public notice and comment.
Response: NMFS has reviewed the Council's request for temporary
emergency rulemaking with respect to section 305(c) of the Magnuson-
Stevens Act and NMFS policy guidance for the use of emergency rules (62
FR 44421, August 21, 1997), as more fully described below in the
Classification section and in the proposed rule for this action, and
determined that the Council's request meets both the criteria and
justifications for invoking the emergency rulemaking provisions of the
Magnuson-Stevens Act. Contrary to the commenter's arguments, emergency
actions under section 305(c) of the Magnuson-Stevens Act, as discussed
in NMFS policy for such actions, can be used to address economic
concerns not necessarily related to conservation concerns (e.g.,
overfishing), and Magnuson-Stevens Act emergency actions have been used
in the past for economic purposes. Moreover, in this case, prior notice
and comment were provided to better inform the public and the agency
before the agency made a final decision to take this action.
Comment 3: One commenter requested that this action be withdrawn
until NMFS issues its 90-day finding determination on two recently-
submitted petitions to list thorny, barndoor, smooth, and winter skates
as threatened or endangered under the Endangered Species Act (ESA).
Response: NMFS is currently reviewing a petition from the Animal
Welfare Institute to list thorny skate, and a joint petition from
WildEarth Guardians and the Friends of Animals to list thorny,
barndoor, smooth, and winter skates as threatened or endangered under
the ESA. These petitions are being considered independently of this
emergency action. A 90-day finding is forthcoming on whether these
petitions present substantial information indicating that listing of
these species may be warranted. Delaying the final decision on this
action to accommodate the ESA petition 90-day finding could undermine
the purpose of the action because of the need to get this in place as
soon as possible. Since this temporary rule is only effective for 180
[[Page 66858]]
days, future Council actions for the skate fishery may address
additional conservation measures, if necessary.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this rule is
consistent with the Skate FMP, other provisions of the Magnuson-Stevens
Act, and other applicable law. NMFS has determined that the new
assessment of the status of the skate complex, and the significantly
higher ABC recommendation, justifies the emergency in-season adjustment
requested by the Council. NMFS reviewed the Council's request for
temporary emergency rulemaking with respect to section 305(c) of the
Magnuson-Stevens Act and NMFS policy guidance for the use of emergency
rules (62 FR 44421, August 21, 1997) and determined that the Council's
request meets both the criteria and justifications for invoking the
emergency rulemaking provisions of the Magnuson-Stevens Act.
Specifically, the SSC revision of its previously recommended ABC was a
recent and unforeseen event. Without this action there would be a
serious management problem in the fishery, because it would result in
unnecessary closures and economic impacts that are not supported by the
best available science. This emergency rulemaking is justified because
increasing the FY 2011 skate complex ABC, ACL, ACT, and TALs, relieves
restrictions imposed by the previous, lower catch levels. This will
assist in preventing significant direct economic loss for fishery
participants and associated industries that otherwise would be subject
to lower commercial harvest levels, and will preserve a significant
economic opportunity that would otherwise be foregone.
The Office of Management and Budget has determined that this rule
is not significant for the purposes of Executive Order 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 IRFA, a summary of
the significant issues raised by the public comments in response to the
IRFA, NMFS's responses to those comments, relevant analyses contained
in the action and its supplemental EA and a summary of the analyses
completed to support the action in this rule. A copy of the analyses
done in the action and supplemental EA is available from NMFS (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 a
Statement of Any Changes Made in the Proposed Rule as a Result of Such
Comments
Three comments were received on the proposed rule. For a summary of
the comments, and NMFS's responses to them, see the Comments and
Responses section above. None of the comments raised issues or concerns
related to the IRFA, and no changes were made to the rule as a result
of the comments.
Description and Estimate of Number of Small Entities to Which the Rule
Would Apply
The increase in the skate catch limits would impact vessels that
hold Federal open access commercial skate permits that participate in
the skate fishery. For the purposes of this analysis, each permitted
vessel is treated as a single small entity and is determined to be a
small entity under the guidelines established by the Small Business
Administration. All of these entities are considered small businesses
by the Small Business Administration because they have annual receipts
not totaling more than $4 million. Therefore, there are no differential
impacts between large and small entities from this action. According to
the Framework 1 final rule and FRFA (76 FR 28328, May 17, 2011), as of
December 31, 2010, there is a maximum of 2,607 small fishing entities
that may be affected by this action (the number of skate permit
holders). However, during the 2010 fishing year, only 503 vessels
landed skates for the wing market, and only 56 landed skates for the
bait market.
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
The purpose of this action is to increase the skate ABC and
associated catch limits in order to increase landings, thereby
extending the duration of the fishing season and helping to prevent the
negative economic impacts that would be associated with an early
closure of the directed skate fisheries. NMFS considered one
alternative (No Action Alternative) to the preferred alternative
implemented by this rule. Under the No Action Alternative, the skate
catch limit would remain at 41,080 mt. This alternative was rejected
because it does not represent the best available scientific
information, and would likely result in negative economic impacts as
compared to the preferred alternative. Compared to the other
alternative considered, this action is expected to better maximize
profitability for the skate fishery by allowing higher levels of
landings for the duration of the 2011 fishing year while still being
consistent with requirements of the Magnuson-Stevens Act and other
applicable law. Therefore, the economic impacts resulting from this
action as compared to the No Action Alternative are positive, since the
action would provide additional fishing opportunity for vessels
participating in the skate fishery for the 2011 fishing year.
The action is almost certain to result in greater revenue from
skate landings. Based on recent landing information, the skate fishery
is able to land close to the full amount of skates allowable under the
quotas. The estimated potential revenue from the sale of skates under
the revised catch limits is approximately $9.0 million, compared to
$5.8 million if this action were not implemented. Due to the
implications of closing the directed skate fisheries early in the
fishing year, the higher catch limits associated with this action will
result in additional revenue if fishing is prolonged. According to
analyses in Framework 1, vessels that participate in the skate fishery
derive most (an average of 96 percent) of their revenues from other
fisheries (e.g., groundfish, monkfish). Therefore, relative to total
fishing revenues, catch limits of other species would be expected to
have more significant economic impacts than revenues derived from
skates alone. However, as skate prices have begun increasing in recent
years, more vessels are deriving a greater proportion of their income
from skates.
[[Page 66859]]
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 (the guide) was prepared. Copies of this
final rule are available from the Northeast Regional 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 Northeast Regional Office's
Web site at https://www.nero.noaa.gov.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 25, 2011.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
[FR Doc. 2011-27989 Filed 10-25-11; 4:15 pm]
BILLING CODE 3510-22-P
