Fisheries of the Northeastern United States; Northeast Skate Complex Fishery; Framework Adjustment 3 and 2016-2017 Specifications, 54744-54747 [2016-19601]
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54744
Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Subpart NN—Pennsylvania
§ 52.2020
2. In § 52.2020, the table in paragraph
(c)(1) is amended by adding an entry for
■
1. The authority citation for part 52
continues to read as follows:
■
State citation
‘‘Section 129.74’’ in numerical order to
read as follows:
State effective
date
Title/subject
*
Identification of plan.
*
*
(c) * * *
(1) * * *
*
*
Additional
explanation/
§ 52.2063 citation
EPA approval date
Title 25—Environmental Protection Article III—Air Resources
*
Section 129.74 ...............
*
*
Control of VOC emissions from fiberglass
boat manufacturing
materials.
*
*
*
*
*
*
*
*
8/17/16 [Insert Federal
Register citation].
*
*
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
*
*
implement Framework Adjustment 3 to
the Northeast Skate Complex Fishery
Management (FMP), which includes
catch specifications for fishing years
2016–2017. After reviewing public
comments in response to the proposed
rule, we are approving Framework 3 and
the 2016–2017 specifications as detailed
in our proposed rule.
Effective on August 17, 2016.
Copies of Framework 3,
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.greateratlantic.fisheries.noaa.gov.
Specifications for Fishing Years 2016–
2017
DATES:
50 CFR Part 648
ADDRESSES:
[Docket No. 160301164–6694–02]
RIN 0648–BF87
Fisheries of the Northeastern United
States; Northeast Skate Complex
Fishery; Framework Adjustment 3 and
2016–2017 Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This rule approves
regulations to implement Northeast
Skate Complex Fishery Management
Plan Framework Adjustment 3
management measures, including
fishing year 2016–2017 specifications,
and implements a new seasonal quota
allocation for the skate wing fishery.
SUMMARY:
*
*
New section is added; the requirements of section 129.74 supersede the requirements of a
RACT permit issued under sections 129.91–
95 prior to December 19, 2015, to the owner
or operator of a source subject to section
129.74 to control, reduce or minimize VOCs
from a fiberglass boat manufacturing process, except to the extent the RACT permit
contains more stringent requirements.
This rule is necessary because it updates
the Skate Fishery Management Plan to
be consistent with the most recent
scientific information and it improves
management of the skate fisheries. The
intended effect of this rule is to help
conserve skate stocks while maintaining
economic opportunities for the skate
fisheries.
*
[FR Doc. 2016–19540 Filed 8–16–16; 8:45 am]
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12/19/15
FOR FURTHER INFORMATION CONTACT:
William Whitmore, Fishery Policy
Analyst, (978) 281–9182.
SUPPLEMENTARY INFORMATION:
Background
Approved Measures
On June 6, 2016, we proposed in the
Federal Register (81 FR 36251)
management modifications to
Specifications including the
acceptable biological catch (ABC),
annual catch limit (ACL), annual catch
target (ACT), and total allowable
landings (TALs) for the skate wing and
bait fisheries, as well as possession
limits, may be specified for up to 2
years. The 2016–2017 skate complex
ABC and ACL is 31,081 metric tons
(mt). After removing management
uncertainty from the ABC, the ACT that
remains is 23,311 mt. After removing
discards and state landings from the
ACT, the TAL that remains is 12,872 mt.
Tables 1 and 2 (below) detail TALs and
possession limits for the skate wing and
skate bait fisheries—there are no
possession limit changes from last year.
These specifications and possession
limits remain in effect until they are
replaced.
TABLE 1—TOTAL ALLOWABLE LANDINGS FOR FISHING YEARS 2016–2017
Total Allowable Landings (TAL)
mt
Skate Wing Fishery:
Season 1 (May 1–Aug 31) ...........................................................................................................................................................
Season 2 (Sept 1–Apr 30) ...........................................................................................................................................................
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4,722
3,600
Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Rules and Regulations
54745
TABLE 1—TOTAL ALLOWABLE LANDINGS FOR FISHING YEARS 2016–2017—Continued
Total Allowable Landings (TAL)
mt
Skate Bait Fishery:
Season 1 (May 1–Jul 31) .............................................................................................................................................................
Season 2 (Aug 1–Oct 31) ............................................................................................................................................................
Season 3 (Nov 1–Apr 30) ............................................................................................................................................................
1,299
1,565
1,354
TABLE 2—POSSESSION LIMITS FOR FISHING YEARS 2016–2017
Trip limits
Skate possession limits *
Skate wings
NE Multispecies, Scallop, or Monkfish Day-At-Sea (DAS):
Season 1 (May 1–Aug 31) ..................................................................................................
Season 2 (Sept 1–Apr 30) ...................................................................................................
NE Multispecies B DAS:
May 1–Apr 30 ......................................................................................................................
Non-DAS:
May 1–Apr 30 ......................................................................................................................
2,600
1,179
4,100
1,860
lb ..........
kg .........
lb ..........
kg .........
Whole skates
5,902
2,677
9,306
4,221
lb ..........
kg .........
lb ..........
kg.
Whole skate
w/bait
letter of
authorization
25,000 lb.
11,340 kg.
220 lb .............
100 kg ............
500 lb .............
227 kg ............
500 lb.
227 kg.
500 lb .............
227 kg ............
1,135 lb ..........
515 kg ............
1,135 lb.
515 kg.
* Possession limits may be modified in-season in order to prevent catch from exceeding quotas.
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Skate Wing Adjustment Measures
Framework 3 modifies the skate wing
TAL so that 57 percent of the skate wing
TAL is allocated in Season 1 (May 1–
August 31) with the remainder allocated
in Season 2 (September 1–April 30).
This modification was made because
skate fishing effort is higher earlier in
the fishing year and a seasonal
apportionment with in-season change
authority should ensure year-round
fishing opportunities. Any portion of
the Season 1 TAL that is unused is
rolled over into Season 2. From May 1
through August 17, the Regional
Administrator is required to reduce the
directed skate wing possession limit for
vessels fishing under a day-at-sea (DAS)
from 2,600 lb (1,179 kg) to an incidental
catch level of 500 lb (227 kg) when the
fishery is projected to land 85 percent
of its Season 1 quota. However, if
harvest levels are projected to reach 85
percent sometime between August 18
and August 31 (the last two weeks of
Season 1), the Regional Administrator
maintains discretion on whether or not
to reduce the directed possession limit.
This option is included because it is
difficult and sometimes impracticable
for the agency to rapidly close a fishery
immediately prior to the end of a
season.
The DAS possession limit increases to
4,100 lb (1,860 kg) at the start of Season
2 (September 1) with the remainder of
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the annual skate wing TAL available in
Season 2. In Season 2, the Regional
Administrator may reduce the
possession limit to 500 lb (227 kg) when
85 percent of the annual skate wing TAL
is projected to have been landed,
consistent with previous regulations.
These in-season possession limit
reductions are designed to mitigate the
potential for prolonged closures for the
directed skate fishery while still
allowing some incidental catches to be
landed.
Comments and Responses on Measures
Proposed in Framework 3
We received four public comments on
the proposed rule, including
submissions on behalf of the Cape Cod
Commercial Fishermen’s Alliance and
Shark Advocates International.
Comment 1: The Cape Cod
Commercial Fishermen’s Alliance and
Shark Advocates International support
the proposed seasonal specifications
and possession limits.
Response 1: We are approving
Framework 3 and the accompanying
specifications and possession limits
because these measures promote
optimum yield, fishery conservation,
and are based upon the best available
science.
Comment 2: One commenter argued
for a dramatic increase in quota while
one commenter contended a dramatic
decrease in quota is needed.
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Response 2: The ABC, ACL, and TAL
are based on the best available science
with advice from the Council’s
Scientific and Statistical Committee.
Therefore, we are approving this action
because it is based on the best available
science consistent with National
Standard 2 of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) and with
the Council recommendation. The
proposed rule (81 FR 36251, June 6,
2016) details the justifications for
modifying the specifications. These
specifications are expected to result in
optimum yield while ensuring that the
stocks are not overfished or subject to
overfishing (except for thorny skate,
which is a prohibited species),
consistent with National Standard 1 of
the Magnuson-Stevens Act.
Comment 3: Shark Advocates
International urged us to elevate the
priority of examining and addressing
the severe depletion of thorny skates.
Response 3: Although this comment
does not directly apply to Framework 3,
we are concerned with the stock status
of thorny skates. In May 2015, we
received a petition to list thorny skates
as threatened or endangered. We found
that the petition to list thorny skate
presented substantial scientific or
commercial information indicating that
the petitioned action may be warranted
and solicited information from the
public that could be included in a
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Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Rules and Regulations
throughout the fishing year. For these
reasons, NMFS finds it both contrary to
the public interest and unnecessary to
provide a 30-day delay in
implementation.
This final rule has been determined to
be not significant for the purpose of E.O.
12866.
A final regulatory flexibility analysis
(FRFA) was prepared. 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, and NMFS responses to those
comments. A copy of this analysis is
available from the Council [or NMFS]
(see ADDRESSES).
Changes From the Proposed Rule
After further review of the regulatory
text deemed by the Council and
included in the proposed rule, we are
revising the regulatory language
previously proposed at § 648.322(b)(2)
to be consistent with the Regional
Administrator’s discretion to reduce the
Season 2 skate-wing possession limit as
provided in Framework Adjustment 1 to
the FMP (76 FR 28328; May 17, 2011).
These regulatory language changes do
not alter the management measures
specified in the proposed rule and are
consistent with the intent of Framework
3.
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candidate species status review (80 FR
65175, October 26, 2015). A thorny
skate status review occurred on May 19,
2016, in Gloucester, MA. A report from
the review is currently being developed
and will undergo peer-review prior to
being shared with the public.
Comment 4: The Cape Cod
Commercial Fishermen’s Alliance
offered support for the Council’s
decision to further pursue limited
access for the skate fishery.
Response 4: The Council has
prioritized consideration of limiting
access to the skate fishery. We will
continue working with the Council so
that it can research, review, and address
its management priorities.
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
Final Rule as a Result of Such
Comments
A description of the action, why it is
being considered, and the legal basis
were contained in the preamble of the
proposed rule (81 FR 36251, June 6,
2016) and are not repeated here. The
public did not provide any comments
on the IRFA; therefore, there are no
changes made in this final rule with
regards to the economic analyses and
impacts.
Classification
The Administrator, Greater Atlantic
Region, NMFS, determined that
Framework 3 to the FMP is necessary
for the conservation and management of
the northeast skate complex and that it
is consistent with the MagnusonStevens Fishery Conservation and
Management Act and other applicable
laws.
There is good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in
effective date. This final rule reduces
TALs which are administered through
different fishing seasons. Season 1 for
the skate wing fishery began on May 1
and ends on August 31. It is possible
that the fishery could approach a
seasonal landing limit which would
require possession limits to be reduced
to avoid overharvesting. Waiving the 30day implementation delay is necessary
to ensure timely implementation of the
reduced catch limits. Retaining a 30-day
delay in implementation would be
contrary to the public interest because it
could result in a catch limit being
exceeded. Immediate implementation of
the new TALs, including the new
seasonal measures, will benefit
fishermen by helping to prevent
overages and potentially providing
fishing opportunities more evenly
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Description and Estimate of Number of
Small Entities To Which the Rule Would
Apply
This final rule would impact fishing
vessels, including commercial fishing
entities. In 2014, there were 2,012
vessels that held an open access skate
permit. However, only 431 of those
permit holders were active participants
in the commercial skate fishery (i.e.,
landed any amount of skates). Because
there are several ownership affiliate
groups (as explained in greater detail in
the proposed rule) there are actually 364
active vessels in the skate fishery, only
3 of which qualified as large businesses.
On December 29, 2015, NMFS issued
a final rule establishing a small business
size standard of $11 million in annual
gross receipts for all businesses
primarily engaged in the commercial
fishing industry (NAICS 11411) for
Regulatory Flexibility Act (RFA)
compliance purposes only (80 FR
81194, December 29, 2015). The $11
million standard became effective on
July 1, 2016, and is to be used in place
of the U.S. Small Business
Administration’s (SBA) previous
standards of $20.5 million, $5.5 million,
and $7.5 million for the finfish (NAICS
114111), shellfish (NAICS 114112), and
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other marine fishing (NAICS 114119)
sectors, respectively, of the U.S.
commercial fishing industry.
An IRFA was developed for this
regulatory action prior to July 1, 2016,
using SBA’s previous size standards.
Under the SBA’s size standards, 3 of 364
skate fishing entities were determined to
be large. NMFS has qualitatively
reviewed the analyses prepared for this
action using the new size standard. The
new standard could result in a few more
commercial shellfish businesses being
considered small (due to the increase in
small business size standards). In
addition, the new standard could result
in fewer commercial finfish businesses
being considered small (due to the
decrease in size standards). Skates are
only responsible for a small fraction of
total landings and revenue for any of
these vessels so it is unlikely that these
size-standard changes would have any
impact on the previously conducted
analyses.
Description of the Projected Reporting,
Record-Keeping, and Other Compliance
Requirements of This Final Rule
This final rule does not introduce any
new reporting, recordkeeping, or other
compliance requirements.
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 ACL alternative described in the
preambles of the proposed rule and this
rule represents an ACL reduction in
comparison to previous years’ ACLs
(maintaining the status quo measures).
However, we do not anticipate any
significant economic impacts on small
entities to result from this action. While
there is an overall reduction in the TAL,
Framework 3 analyses indicate that
actual skate landings in recent years
have been close to the TAL we are
approving for fishing years 2016–2017.
This suggests that it is unlikely that
potential revenue losses would be
directly commensurate with the TAL
reduction. By contrast, maintaining the
status quo ACL is inconsistent with the
stated objectives because it does not
represent the best available science or
the goals and objectives of the FMP. The
seasonal allocation for the skate-wing
fishery effected by this rule was
developed to coincide with fishing
effort so that more quota is allocated
during the months when there is greater
fishing effort. This is expected to reduce
the risk of the fishery approaching a
seasonal quota and having its
possession limits reduced. The Council
considered reducing the skate-wing
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Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Rules and Regulations
possession limits due to the reduced
TAL but elected to keep the status quo
possession limits to further mitigate
economic impacts from the ACL
reductions. For these reasons, we do not
expect revenues to be significantly
impacted.
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 (GARFO), and the compliance
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 posted or publically
available on the GARFO Web site.
List of Subjects in 50 CFR Part 648
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Fisheries, Fishing, Reporting and
recordkeeping requirements.
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Dated: August 11, 2016.
Paul Doremus,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
For the reasons set out in the
preamble, NMFS amends 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 § 648.322, revise paragraphs
(a)(1) and (b)(2) to read as follows:
■
§ 648.322 Skate allocation, possession,
and landing provisions.
(a) * * *
(1) A total of 66.5 percent of the
annual skate complex TAL shall be
allocated to the skate wing fishery. All
skate products that are landed in wing
form, for the skate wing market, or
classified by Federal dealers as food as
required under § 648.7(a)(1)(i), shall
count against the skate wing fishery
TAL. The annual skate wing fishery
TAL shall be allocated in two seasonal
quota periods as follows:
(i) Season 1—May 1 through August
31, 57 percent of the annual skate wing
fishery TAL shall be allocated;
(ii) Season 2—September 1 through
April 30, the remainder of the annual
skate wing fishery TAL not landed in
Season 1 shall be allocated.
*
*
*
*
*
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54747
(b) * * *
(2) In-season adjustment of skate wing
possession limits. The Regional
Administrator has the authority,
through a notice in the Federal Register
consistent with the Administrative
Procedure Act, to reduce the skate wing
possession limit to 500 lb (227 kg) of
skate wings (1,135 lb (515 kg) whole
weight or any prorated combination of
the allowable landing forms defined at
paragraph (b)(4) of this section) for the
remainder of the applicable quota
season, under the following
circumstances:
(i) When 85 percent of the Season 1
skate wing quota is projected to be
landed between May 1 and August 17,
the Regional Administrator shall reduce
the skate wing possession limit to the
incidental level described in paragraph
(b)(2) of this section.
(ii) When 85 percent of the Season 1
skate wing quota is projected to be
landed between August 18 and August
31, the Regional Administrator may
reduce the skate wing possession limit
to the incidental level described in
paragraph (b)(2) of this section.
(iii) When 85 percent of the annual
skate wing fishery TAL is projected to
be landed in Season 2, the Regional
Administrator may reduce the skate
wing possession limit to the incidental
level described in this paragraph, unless
such a reduction would be expected to
prevent attainment of the annual TAL.
*
*
*
*
*
[FR Doc. 2016–19601 Filed 8–16–16; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 81, Number 159 (Wednesday, August 17, 2016)]
[Rules and Regulations]
[Pages 54744-54747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19601]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 160301164-6694-02]
RIN 0648-BF87
Fisheries of the Northeastern United States; Northeast Skate
Complex Fishery; Framework Adjustment 3 and 2016-2017 Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule approves regulations to implement Northeast Skate
Complex Fishery Management Plan Framework Adjustment 3 management
measures, including fishing year 2016-2017 specifications, and
implements a new seasonal quota allocation for the skate wing fishery.
This rule is necessary because it updates the Skate Fishery Management
Plan to be consistent with the most recent scientific information and
it improves management of the skate fisheries. The intended effect of
this rule is to help conserve skate stocks while maintaining economic
opportunities for the skate fisheries.
DATES: Effective on August 17, 2016.
ADDRESSES: Copies of Framework 3, 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.greateratlantic.fisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT: William Whitmore, Fishery Policy
Analyst, (978) 281-9182.
SUPPLEMENTARY INFORMATION:
Background
Approved Measures
On June 6, 2016, we proposed in the Federal Register (81 FR 36251)
management modifications to implement Framework Adjustment 3 to the
Northeast Skate Complex Fishery Management (FMP), which includes catch
specifications for fishing years 2016-2017. After reviewing public
comments in response to the proposed rule, we are approving Framework 3
and the 2016-2017 specifications as detailed in our proposed rule.
Specifications for Fishing Years 2016-2017
Specifications including the acceptable biological catch (ABC),
annual catch limit (ACL), annual catch target (ACT), and total
allowable landings (TALs) for the skate wing and bait fisheries, as
well as possession limits, may be specified for up to 2 years. The
2016-2017 skate complex ABC and ACL is 31,081 metric tons (mt). After
removing management uncertainty from the ABC, the ACT that remains is
23,311 mt. After removing discards and state landings from the ACT, the
TAL that remains is 12,872 mt. Tables 1 and 2 (below) detail TALs and
possession limits for the skate wing and skate bait fisheries--there
are no possession limit changes from last year. These specifications
and possession limits remain in effect until they are replaced.
Table 1--Total Allowable Landings for Fishing Years 2016-2017
------------------------------------------------------------------------
Total Allowable Landings (TAL) mt
------------------------------------------------------------------------
Skate Wing Fishery:
Season 1 (May 1-Aug 31)............................. 4,722
Season 2 (Sept 1-Apr 30)............................ 3,600
[[Page 54745]]
Skate Bait Fishery:
Season 1 (May 1-Jul 31)............................. 1,299
Season 2 (Aug 1-Oct 31)............................. 1,565
Season 3 (Nov 1-Apr 30)............................. 1,354
------------------------------------------------------------------------
Table 2--Possession Limits for Fishing Years 2016-2017
----------------------------------------------------------------------------------------------------------------
Trip limits
-----------------------------------------------------------------------------
Skate possession limits * Whole skate w/bait
Skate wings Whole skates letter of authorization
----------------------------------------------------------------------------------------------------------------
NE Multispecies, Scallop, or
Monkfish Day-At-Sea (DAS):
Season 1 (May 1-Aug 31)....... 2,600 lb................ 5,902 lb................ 25,000 lb.
1,179 kg................ 2,677 kg................ 11,340 kg.
Season 2 (Sept 1-Apr 30)...... 4,100 lb................ 9,306 lb................
1,860 kg................ 4,221 kg................
----------------------------------------------------------------------------------------------------------------
NE Multispecies B DAS:
May 1-Apr 30.................. 220 lb.................. 500 lb.................. 500 lb.
100 kg.................. 227 kg.................. 227 kg.
----------------------------------------------------------------------------------------------------------------
Non-DAS:
May 1-Apr 30.................. 500 lb.................. 1,135 lb................ 1,135 lb.
227 kg.................. 515 kg.................. 515 kg.
----------------------------------------------------------------------------------------------------------------
* Possession limits may be modified in-season in order to prevent catch from exceeding quotas.
Skate Wing Adjustment Measures
Framework 3 modifies the skate wing TAL so that 57 percent of the
skate wing TAL is allocated in Season 1 (May 1-August 31) with the
remainder allocated in Season 2 (September 1-April 30). This
modification was made because skate fishing effort is higher earlier in
the fishing year and a seasonal apportionment with in-season change
authority should ensure year-round fishing opportunities. Any portion
of the Season 1 TAL that is unused is rolled over into Season 2. From
May 1 through August 17, the Regional Administrator is required to
reduce the directed skate wing possession limit for vessels fishing
under a day-at-sea (DAS) from 2,600 lb (1,179 kg) to an incidental
catch level of 500 lb (227 kg) when the fishery is projected to land 85
percent of its Season 1 quota. However, if harvest levels are projected
to reach 85 percent sometime between August 18 and August 31 (the last
two weeks of Season 1), the Regional Administrator maintains discretion
on whether or not to reduce the directed possession limit. This option
is included because it is difficult and sometimes impracticable for the
agency to rapidly close a fishery immediately prior to the end of a
season.
The DAS possession limit increases to 4,100 lb (1,860 kg) at the
start of Season 2 (September 1) with the remainder of the annual skate
wing TAL available in Season 2. In Season 2, the Regional Administrator
may reduce the possession limit to 500 lb (227 kg) when 85 percent of
the annual skate wing TAL is projected to have been landed, consistent
with previous regulations. These in-season possession limit reductions
are designed to mitigate the potential for prolonged closures for the
directed skate fishery while still allowing some incidental catches to
be landed.
Comments and Responses on Measures Proposed in Framework 3
We received four public comments on the proposed rule, including
submissions on behalf of the Cape Cod Commercial Fishermen's Alliance
and Shark Advocates International.
Comment 1: The Cape Cod Commercial Fishermen's Alliance and Shark
Advocates International support the proposed seasonal specifications
and possession limits.
Response 1: We are approving Framework 3 and the accompanying
specifications and possession limits because these measures promote
optimum yield, fishery conservation, and are based upon the best
available science.
Comment 2: One commenter argued for a dramatic increase in quota
while one commenter contended a dramatic decrease in quota is needed.
Response 2: The ABC, ACL, and TAL are based on the best available
science with advice from the Council's Scientific and Statistical
Committee. Therefore, we are approving this action because it is based
on the best available science consistent with National Standard 2 of
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) and with the Council recommendation. The proposed rule (81
FR 36251, June 6, 2016) details the justifications for modifying the
specifications. These specifications are expected to result in optimum
yield while ensuring that the stocks are not overfished or subject to
overfishing (except for thorny skate, which is a prohibited species),
consistent with National Standard 1 of the Magnuson-Stevens Act.
Comment 3: Shark Advocates International urged us to elevate the
priority of examining and addressing the severe depletion of thorny
skates.
Response 3: Although this comment does not directly apply to
Framework 3, we are concerned with the stock status of thorny skates.
In May 2015, we received a petition to list thorny skates as threatened
or endangered. We found that the petition to list thorny skate
presented substantial scientific or commercial information indicating
that the petitioned action may be warranted and solicited information
from the public that could be included in a
[[Page 54746]]
candidate species status review (80 FR 65175, October 26, 2015). A
thorny skate status review occurred on May 19, 2016, in Gloucester, MA.
A report from the review is currently being developed and will undergo
peer-review prior to being shared with the public.
Comment 4: The Cape Cod Commercial Fishermen's Alliance offered
support for the Council's decision to further pursue limited access for
the skate fishery.
Response 4: The Council has prioritized consideration of limiting
access to the skate fishery. We will continue working with the Council
so that it can research, review, and address its management priorities.
Changes From the Proposed Rule
After further review of the regulatory text deemed by the Council
and included in the proposed rule, we are revising the regulatory
language previously proposed at Sec. 648.322(b)(2) to be consistent
with the Regional Administrator's discretion to reduce the Season 2
skate-wing possession limit as provided in Framework Adjustment 1 to
the FMP (76 FR 28328; May 17, 2011). These regulatory language changes
do not alter the management measures specified in the proposed rule and
are consistent with the intent of Framework 3.
Classification
The Administrator, Greater Atlantic Region, NMFS, determined that
Framework 3 to the FMP is necessary for the conservation and management
of the northeast skate complex and that it is consistent with the
Magnuson-Stevens Fishery Conservation and Management Act and other
applicable laws.
There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in effective date. This final rule reduces TALs which are
administered through different fishing seasons. Season 1 for the skate
wing fishery began on May 1 and ends on August 31. It is possible that
the fishery could approach a seasonal landing limit which would require
possession limits to be reduced to avoid overharvesting. Waiving the
30-day implementation delay is necessary to ensure timely
implementation of the reduced catch limits. Retaining a 30-day delay in
implementation would be contrary to the public interest because it
could result in a catch limit being exceeded. Immediate implementation
of the new TALs, including the new seasonal measures, will benefit
fishermen by helping to prevent overages and potentially providing
fishing opportunities more evenly throughout the fishing year. For
these reasons, NMFS finds it both contrary to the public interest and
unnecessary to provide a 30-day delay in implementation.
This final rule has been determined to be not significant for the
purpose of E.O. 12866.
A final regulatory flexibility analysis (FRFA) was prepared. 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, and NMFS responses to those comments. A copy of
this analysis is available from the Council [or NMFS] (see ADDRESSES).
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 Final Rule as a Result of Such
Comments
A description of the action, why it is being considered, and the
legal basis were contained in the preamble of the proposed rule (81 FR
36251, June 6, 2016) and are not repeated here. The public did not
provide any comments on the IRFA; therefore, there are no changes made
in this final rule with regards to the economic analyses and impacts.
Description and Estimate of Number of Small Entities To Which the Rule
Would Apply
This final rule would impact fishing vessels, including commercial
fishing entities. In 2014, there were 2,012 vessels that held an open
access skate permit. However, only 431 of those permit holders were
active participants in the commercial skate fishery (i.e., landed any
amount of skates). Because there are several ownership affiliate groups
(as explained in greater detail in the proposed rule) there are
actually 364 active vessels in the skate fishery, only 3 of which
qualified as large businesses.
On December 29, 2015, NMFS issued a final rule establishing a small
business size standard of $11 million in annual gross receipts for all
businesses primarily engaged in the commercial fishing industry (NAICS
11411) for Regulatory Flexibility Act (RFA) compliance purposes only
(80 FR 81194, December 29, 2015). The $11 million standard became
effective on July 1, 2016, and is to be used in place of the U.S. Small
Business Administration's (SBA) previous standards of $20.5 million,
$5.5 million, and $7.5 million for the finfish (NAICS 114111),
shellfish (NAICS 114112), and other marine fishing (NAICS 114119)
sectors, respectively, of the U.S. commercial fishing industry.
An IRFA was developed for this regulatory action prior to July 1,
2016, using SBA's previous size standards. Under the SBA's size
standards, 3 of 364 skate fishing entities were determined to be large.
NMFS has qualitatively reviewed the analyses prepared for this action
using the new size standard. The new standard could result in a few
more commercial shellfish businesses being considered small (due to the
increase in small business size standards). In addition, the new
standard could result in fewer commercial finfish businesses being
considered small (due to the decrease in size standards). Skates are
only responsible for a small fraction of total landings and revenue for
any of these vessels so it is unlikely that these size-standard changes
would have any impact on the previously conducted analyses.
Description of the Projected Reporting, Record-Keeping, and Other
Compliance Requirements of This Final Rule
This final rule does not introduce any new reporting,
recordkeeping, or other compliance requirements.
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 ACL alternative described in the preambles of the proposed rule
and this rule represents an ACL reduction in comparison to previous
years' ACLs (maintaining the status quo measures). However, we do not
anticipate any significant economic impacts on small entities to result
from this action. While there is an overall reduction in the TAL,
Framework 3 analyses indicate that actual skate landings in recent
years have been close to the TAL we are approving for fishing years
2016-2017. This suggests that it is unlikely that potential revenue
losses would be directly commensurate with the TAL reduction. By
contrast, maintaining the status quo ACL is inconsistent with the
stated objectives because it does not represent the best available
science or the goals and objectives of the FMP. The seasonal allocation
for the skate-wing fishery effected by this rule was developed to
coincide with fishing effort so that more quota is allocated during the
months when there is greater fishing effort. This is expected to reduce
the risk of the fishery approaching a seasonal quota and having its
possession limits reduced. The Council considered reducing the skate-
wing
[[Page 54747]]
possession limits due to the reduced TAL but elected to keep the status
quo possession limits to further mitigate economic impacts from the ACL
reductions. For these reasons, we do not expect revenues to be
significantly impacted.
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
(GARFO), and the compliance 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 posted or publically available on the GARFO Web
site.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: August 11, 2016.
Paul Doremus,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 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. 648.322, revise paragraphs (a)(1) and (b)(2) to read as
follows:
Sec. 648.322 Skate allocation, possession, and landing provisions.
(a) * * *
(1) A total of 66.5 percent of the annual skate complex TAL shall
be allocated to the skate wing fishery. All skate products that are
landed in wing form, for the skate wing market, or classified by
Federal dealers as food as required under Sec. 648.7(a)(1)(i), shall
count against the skate wing fishery TAL. The annual skate wing fishery
TAL shall be allocated in two seasonal quota periods as follows:
(i) Season 1--May 1 through August 31, 57 percent of the annual
skate wing fishery TAL shall be allocated;
(ii) Season 2--September 1 through April 30, the remainder of the
annual skate wing fishery TAL not landed in Season 1 shall be
allocated.
* * * * *
(b) * * *
(2) In-season adjustment of skate wing possession limits. The
Regional Administrator has the authority, through a notice in the
Federal Register consistent with the Administrative Procedure Act, to
reduce the skate wing possession limit to 500 lb (227 kg) of skate
wings (1,135 lb (515 kg) whole weight or any prorated combination of
the allowable landing forms defined at paragraph (b)(4) of this
section) for the remainder of the applicable quota season, under the
following circumstances:
(i) When 85 percent of the Season 1 skate wing quota is projected
to be landed between May 1 and August 17, the Regional Administrator
shall reduce the skate wing possession limit to the incidental level
described in paragraph (b)(2) of this section.
(ii) When 85 percent of the Season 1 skate wing quota is projected
to be landed between August 18 and August 31, the Regional
Administrator may reduce the skate wing possession limit to the
incidental level described in paragraph (b)(2) of this section.
(iii) When 85 percent of the annual skate wing fishery TAL is
projected to be landed in Season 2, the Regional Administrator may
reduce the skate wing possession limit to the incidental level
described in this paragraph, unless such a reduction would be expected
to prevent attainment of the annual TAL.
* * * * *
[FR Doc. 2016-19601 Filed 8-16-16; 8:45 am]
BILLING CODE 3510-22-P
