Fisheries of the Northeastern United States; Northeast Skate Complex Fishery; Framework Adjustment 2, 29154-29156 [2014-11664]
Download as PDF
<![CDATA[
29154
Federal Register / Vol. 79, No. 98 / Wednesday, May 21, 2014 / Proposed Rules
emcdonald on DSK67QTVN1PROD with PROPOSALS
adverse modification) imposed by
critical habitat designation.
Accordingly, our position is that only
Federal action agencies will be directly
regulated by this designation. Federal
agencies are not small entities, and, to
this end, there is no requirement under
RFA to evaluate the potential impacts to
entities not directly regulated.
Therefore, because no small entities are
directly regulated by this rulemaking,
the Service certifies that, if
promulgated, the proposed critical
habitat designation will not have a
significant economic impact on a
substantial number of small entities.
In summary, we have considered
whether the proposed designation
would result in a significant economic
impact on a substantial number of small
entities. For the above reasons and
based on currently available
information, we certify that, if
promulgated, the proposed critical
habitat designation would not have a
significant economic impact on a
substantial number of small business
entities. Therefore, an initial regulatory
flexibility analysis is not required.
E.O. 12630 (Takings)
In accordance with E.O. 12630
(Government Actions and Interference
with Constitutionally Protected Private
Property Rights), we have analyzed the
potential takings implications of
designating critical habitat for Agave
eggersiana, Gonocalyx concolor, and
Varronia rupicola in a takings
implications assessment. As discussed
above, the designation of critical habitat
affects only Federal actions. Although
private parties that receive Federal
funding or assistance, or require
approval or authorization from a Federal
agency for an action may be indirectly
impacted by the designation of critical
habitat, the legally binding duty to
avoid destruction or adverse
modification of critical habitat rests
squarely on the Federal agency. The
DEA found that no significant economic
impacts are likely to result from the
designation of critical habitat for Agave
eggersiana, Gonocalyx concolor, and
Varronia rupicola. Because the Act’s
critical habitat protection requirements
apply only to Federal agency actions,
few conflicts between critical habitat
and private property rights should result
from this designation. Based on
information contained in the DEA and
described within this document, it is
not likely that economic impacts to a
property owner would be of a sufficient
magnitude to support a takings action.
Therefore, the takings implications
assessment concludes that this
designation of critical habitat for Agave
VerDate Mar<15>2010
16:27 May 20, 2014
Jkt 232001
eggersiana, Gonocalyx concolor, and
Varronia rupicola does not pose
significant takings implications for
lands within or affected by the
designation.
Comments must be received on
or before June 20, 2014.
ADDRESSES: Copies of the framework,
including the Environmental
Assessment and Regulatory Impact
Review (EA/RIR) and other supporting
Authors
documents for the action are available
The primary authors of this notice are from Thomas A. Nies, Executive
the staff members of the Caribbean
Director, New England Fishery
Ecological Service Field Office,
Management Council, 50 Water Street,
Southeast Region, U.S. Fish and
Mill 2, Newburyport, MA 01950. The
Wildlife Service.
framework is also accessible via the
Internet at: https://www.nero.noaa.gov.
Authority
You may submit comments, identified
The authority for this action is the
by NOAA–NMFS–2014–0037, by any
Endangered Species Act of 1973, as
one of the following methods:
amended (16 U.S.C. 1531 et seq.).
• Electronic Submissions: Submit all
electronic public comments via the
Dated: May 9, 2014.
Federal e-Rulemaking portal. Go to
Michael J. Bean,
www.regulations.gov/
Acting Principal Deputy Assistant Secretary
#!docketDetail;D=NOAA-NMFS-2014for Fish and Wildlife and Parks.
0037, click the ‘‘Comment Now!’’ icon,
[FR Doc. 2014–11731 Filed 5–20–14; 8:45 am]
complete the required fields, and enter
BILLING CODE 4310–55–P
or attach your comments.
• Mail: NMFS, Greater Atlantic
Regional Fisheries Office, 55 Great
DEPARTMENT OF COMMERCE
Republic Drive, Gloucester, MA 01930.
National Oceanic and Atmospheric
Mark the outside of the envelope
Administration
‘‘Comments on Skate Framework 2.’’
Instructions: Comments must be
submitted by one of the above methods
50 CFR Part 648
to ensure that the comments are
[Docket No. 140220160–4160–01]
received, documented, and considered
RIN 0648–BD99
by NMFS. Comments sent by any other
method, to any other address or
Fisheries of the Northeastern United
individual, or received after the end of
States; Northeast Skate Complex
the comment period, may not be
Fishery; Framework Adjustment 2
considered. All comments received are
a part of the public record and will
AGENCY: National Marine Fisheries
generally be posted for public viewing
Service (NMFS), National Oceanic and
on www.regulations.gov without change.
Atmospheric Administration (NOAA),
All personal identifying information
Commerce.
(e.g., name, address) submitted
ACTION: Proposed rule; request for
voluntarily by the sender will be
comments.
publicly accessible. Do not submit
SUMMARY: This rule proposes regulations confidential business information, or
otherwise sensitive or protected
to approve and implement measures in
information. NMFS will accept
Framework Adjustment 2 to the
anonymous comments (enter ‘‘N/A’’ in
Northeast Skate Complex Fishery
Management Plan (FMP). The proposed the required fields if you wish to remain
anonymous). Attachments to electronic
action was developed by the New
comments will be accepted in Microsoft
England Fishery Management Council
Word or Excel, WordPerfect, or Adobe
to set specifications for the skate
PDF formats only.
fisheries for the 2014 and 2015 fishing
years, including a reduced annual catch FOR FURTHER INFORMATION CONTACT:
Tobey Curtis, Fishery Policy Analyst,
limit and total allowable landings.
(978) 281–9273.
Framework 2 would also modify
reporting requirements for skate fishing
SUPPLEMENTARY INFORMATION:
vessels and seafood dealers to improve
Background
species-specific data collection. The
action is necessary to update the Skate
The New England Fishery
FMP to be consistent with the best
Management Council is responsible for
available scientific information, and
developing management measures for
improve management of the skate
skate fisheries in the northeastern U.S.
fisheries. The proposed action is
through the Northeast Skate Complex
expected to help conserve skate stocks,
Fishery Management Plan (Skate FMP).
while maintaining economic
Seven skate species are managed under
opportunities for the skate fisheries.
the Skate FMP: Winter; little; thorny;
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
DATES:
E:\FR\FM\21MYP1.SGM
21MYP1
Federal Register / Vol. 79, No. 98 / Wednesday, May 21, 2014 / Proposed Rules
emcdonald on DSK67QTVN1PROD with PROPOSALS
barndoor; smooth; clearnose; and
rosette. The Council’s Scientific and
Statistical Committee (SSC) 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.
The regulations implementing the
Skate FMP at 50 CFR part 648, subpart
O, outline the management procedures
and measures for the skate fisheries.
Specifications including the annual
catch limit (ACL), annual catch target
(ACT), total allowable landings (TALs)
for the skate wing and bait fisheries, and
possession limits may be specified for
up to 2 years. The current specifications
expire at the end of the 2013 fishing
year (April 30, 2014); therefore, the
Council was required to develop new
specifications for the 2014 and 2015
fishing years. In addition to setting
specifications, the Council desired to
modify skate fishing vessel and dealer
reporting requirements to improve
species-specific skate landings data.
Framework 2 was initiated to
accomplish both of these objectives.
Proposed Specifications
In November 2013, the SSC reviewed
updated information on the status of the
seven species in the skate complex,
including new research on discard
mortality rates, and recommended an
ABC of 35,479 mt for 2014 and 2015 (a
30-percent reduction from 2013). The
recommended catch reduction is largely
based on trawl survey biomass declines
in the more abundant little and winter
skate species. Winter skate was
determined to be experiencing
overfishing in 2013, and thorny skate (a
prohibited species) is both overfished
and experiencing overfishing.
The Council met in January 2014 to
discuss the necessary changes to the
specifications following the procedures
set forth in Amendment 3 to the Skate
FMP (75 FR 34049, June 16, 2010), and
to consider recommendations from its
Skate Oversight Committee and Skate
Advisory Panel. Framework 2 was
developed and submitted to NMFS to
recommend these specifications and
recommendations. The Council has
recommended, and NMFS is proposing
in this rule, the following specifications
for the skate fisheries for the 2014–2015
fishing years:
1. Skate ABC and annual catch limit
(ACL) of 35,479 mt;
2. Annual catch target (ACT) of 26,609
mt;
VerDate Mar<15>2010
16:27 May 20, 2014
Jkt 232001
3. Total allowable landings (TAL) of
16,385 mt (the skate wing fishery is
allocated 66.5 percent of the TAL
(10,896 mt) and the skate bait fishery is
allocated 33.5 percent of the TAL (5,489
mt, divided into three seasons according
to the regulations at § 648.322));
4. 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; and,
5. 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.
The Council did not recommend 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. However, currently,
the vast majority of skate landings are
simply reported as ‘‘unclassified skate,’’
which hinders single-species
assessment and management efforts.
The proposed changes include removing
‘‘unclassified skate’’ as a valid reporting
option for vessels and dealers, and
removing the smaller rosette, smooth,
and little skates as valid reporting
options in the skate wing fishery (i.e.,
species that do not reach a marketable
size for the wing fishery).
Skate bait vessels and dealers would
be 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
would be required to report landings by
species from among these options:
Winter skate; barndoor skate; thorny
skate; or clearnose skate. Based upon
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
29155
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 would help aid fishing vessels
and dealers with this transition.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has made a
preliminary determination that this
proposed rule is consistent with the
Skate FMP, other provisions of the
Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment.
This proposed rule has been
determined to be not significant for the
purpose of E.O. 12866.
The Council prepared an IRFA, as
required by section 603 of the
Regulatory Flexibility Act (RFA). The
IRFA consists of Framework 2, the EA
for Framework 2, and this preamble to
the proposed rule. The IRFA describes
the economic impact this proposed rule,
if adopted, would have on small
entities. A description of the action,
why it is being considered, and the legal
basis for this action are contained at the
beginning of this section of the
preamble and in the SUMMARY of this
proposed rule. A copy of this analysis
is available from the Councils (see
ADDRESSES).
This action does not introduce any
new reporting, recordkeeping, or other
compliance requirements. This
proposed rule does not duplicate,
overlap, or conflict with other Federal
rules.
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
E:\FR\FM\21MYP1.SGM
21MYP1
29156
Federal Register / Vol. 79, No. 98 / Wednesday, May 21, 2014 / Proposed Rules
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 $5M
cutoff for shellfish firms (NAICS
114112) and the $19M cutoff for finfish
firms (NAICS 114111), there are 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).
emcdonald on DSK67QTVN1PROD with PROPOSALS
Economic Impacts of the Proposed
Action Compared to Significant NonSelected Alternatives
During 2012, total revenues from
skate landings were valued at
approximately $6.6 million. The 2012
data is representative of an averagelandings skate year, whereas the 2011
data is representative of a recent highlandings skate year. Compared to the no
action alternative, the proposed
reduction in the skate TALs (30 percent)
could reduce potential annual skate
revenues. However, fishing year 2012
actual skate landings were below the
proposed TAL, 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, 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 (1,500 lb
VerDate Mar<15>2010
16:27 May 20, 2014
Jkt 232001
(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. One
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.
§ 648.7 Recordkeeping and reporting
requirements.
(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. 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 all skates landed. 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). All
other vessel reporting requirements
remain unchanged. 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. 2014–11664 Filed 5–20–14; 8:45 am]
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: May 14, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS proposes to amend 50
CFR part 648 as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
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:
■
*
*
(a) * * *
PO 00000
Frm 00019
*
*
BILLING CODE 3510–22–P
Fmt 4702
Sfmt 9990
E:\FR\FM\21MYP1.SGM
21MYP1
]]>Agencies
[Federal Register Volume 79, Number 98 (Wednesday, May 21, 2014)]
[Proposed Rules]
[Pages 29154-29156]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11664]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 140220160-4160-01]
RIN 0648-BD99
Fisheries of the Northeastern United States; Northeast Skate
Complex Fishery; Framework Adjustment 2
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This rule proposes regulations to approve and implement
measures in Framework Adjustment 2 to the Northeast Skate Complex
Fishery Management Plan (FMP). The proposed action was developed by the
New England Fishery Management Council to set specifications for the
skate fisheries for the 2014 and 2015 fishing years, including a
reduced annual catch limit and total allowable landings. Framework 2
would also modify reporting requirements for skate fishing vessels and
seafood dealers to improve species-specific data collection. The action
is necessary to update the Skate FMP to be consistent with the best
available scientific information, and improve management of the skate
fisheries. The proposed action is expected to help conserve skate
stocks, while maintaining economic opportunities for the skate
fisheries.
DATES: Comments must be received on or before June 20, 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.
You may submit comments, identified by NOAA-NMFS-2014-0037, by any
one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0037, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: NMFS, Greater Atlantic Regional Fisheries Office, 55
Great Republic Drive, Gloucester, MA 01930. Mark the outside of the
envelope ``Comments on Skate Framework 2.''
Instructions: Comments must be submitted by one of the above
methods to ensure that the comments are received, documented, and
considered by NMFS. 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. All comments received are a part of the public
record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address) submitted voluntarily by the sender
will be publicly accessible. Do not submit confidential business
information, or otherwise sensitive or protected information. NMFS will
accept anonymous comments (enter ``N/A'' in the required fields if you
wish to remain anonymous). Attachments to electronic comments will be
accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF formats
only.
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;
[[Page 29155]]
barndoor; smooth; clearnose; and rosette. The Council's Scientific and
Statistical Committee (SSC) 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.
The regulations implementing the Skate FMP at 50 CFR part 648,
subpart O, outline the management procedures and measures for the skate
fisheries. Specifications including the annual catch limit (ACL),
annual catch target (ACT), total allowable landings (TALs) for the
skate wing and bait fisheries, and possession limits may be specified
for up to 2 years. The current specifications expire at the end of the
2013 fishing year (April 30, 2014); therefore, the Council was required
to develop new specifications for the 2014 and 2015 fishing years. In
addition to setting specifications, the Council desired to modify skate
fishing vessel and dealer reporting requirements to improve species-
specific skate landings data. Framework 2 was initiated to accomplish
both of these objectives.
Proposed Specifications
In November 2013, the SSC reviewed updated information on the
status of the seven species in the skate complex, including new
research on discard mortality rates, and recommended an ABC of 35,479
mt for 2014 and 2015 (a 30-percent reduction from 2013). The
recommended catch reduction is largely based on trawl survey biomass
declines in the more abundant little and winter skate species. Winter
skate was determined to be experiencing overfishing in 2013, and thorny
skate (a prohibited species) is both overfished and experiencing
overfishing.
The Council met in January 2014 to discuss the necessary changes to
the specifications following the procedures set forth in Amendment 3 to
the Skate FMP (75 FR 34049, June 16, 2010), and to consider
recommendations from its Skate Oversight Committee and Skate Advisory
Panel. Framework 2 was developed and submitted to NMFS to recommend
these specifications and recommendations. The Council has recommended,
and NMFS is proposing in this rule, the following specifications for
the skate fisheries for the 2014-2015 fishing years:
1. Skate ABC and annual catch limit (ACL) of 35,479 mt;
2. Annual catch target (ACT) of 26,609 mt;
3. Total allowable landings (TAL) of 16,385 mt (the skate wing
fishery is allocated 66.5 percent of the TAL (10,896 mt) and the skate
bait fishery is allocated 33.5 percent of the TAL (5,489 mt, divided
into three seasons according to the regulations at Sec. 648.322));
4. 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; and,
5. 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.
The Council did not recommend 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. However, currently, the vast majority
of skate landings are simply reported as ``unclassified skate,'' which
hinders single-species assessment and management efforts. The proposed
changes include removing ``unclassified skate'' as a valid reporting
option for vessels and dealers, and removing the smaller rosette,
smooth, and little skates as valid reporting options in the skate wing
fishery (i.e., species that do not reach a marketable size for the wing
fishery).
Skate bait vessels and dealers would be 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 would be required to report landings by
species from among these options: Winter skate; barndoor skate; thorny
skate; or clearnose skate. 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 would help aid fishing vessels and dealers with this
transition.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has made a preliminary determination that
this proposed rule is consistent with the Skate FMP, other provisions
of the Magnuson-Stevens Act, and other applicable law, subject to
further consideration after public comment.
This proposed rule has been determined to be not significant for
the purpose of E.O. 12866.
The Council prepared an IRFA, as required by section 603 of the
Regulatory Flexibility Act (RFA). The IRFA consists of Framework 2, the
EA for Framework 2, and this preamble to the proposed rule. The IRFA
describes the economic impact this proposed rule, if adopted, would
have on small entities. A description of the action, why it is being
considered, and the legal basis for this action are contained at the
beginning of this section of the preamble and in the SUMMARY of this
proposed rule. A copy of this analysis is available from the Councils
(see ADDRESSES).
This action does not introduce any new reporting, recordkeeping, or
other compliance requirements. This proposed rule does not duplicate,
overlap, or conflict with other Federal rules.
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
[[Page 29156]]
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 $5M cutoff for shellfish firms
(NAICS 114112) and the $19M cutoff for finfish firms (NAICS 114111),
there are 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).
Economic Impacts of the Proposed Action Compared to Significant Non-
Selected Alternatives
During 2012, total revenues from skate landings were valued at
approximately $6.6 million. The 2012 data is representative of an
average-landings skate year, whereas the 2011 data is representative of
a recent high-landings skate year. Compared to the no action
alternative, the proposed reduction in the skate TALs (30 percent)
could reduce potential annual skate revenues. However, fishing year
2012 actual skate landings were below the proposed TAL, 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, 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 (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. One 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.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: May 14, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 648 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. 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 all skates landed. 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). All other vessel reporting
requirements remain unchanged. 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. 2014-11664 Filed 5-20-14; 8:45 am]
BILLING CODE 3510-22-P
