Fisheries of the Northeastern United States; Northeast Skate Complex; Framework Adjustment 6; Revised 2018-2019 Specifications, 60818-60820 [2018-25727]
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60818
Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Proposed Rules
The system shall file its rate
justifications consistent with § 76.930.
For rules governing small cable systems
and small cable companies, see
§ 76.934.
§ 76.1805
■
[Removed]
19. Remove § 76.1805.
[FR Doc. 2018–25325 Filed 11–26–18; 8:45 am]
BILLING CODE 6712–01–P
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 501, 536, and 552
[GSAR Case 2015–G506; Docket No. GSAR–
2018–0013; Sequence No. 1]
RIN 3090–AJ64
General Services Administration
Acquisition Regulation (GSAR);
Adoption of Construction Project
Delivery Method Involving Early
Industry Engagement—Construction
Manager as Constructor (CMc);
Correction
Office of Acquisition Policy,
General Services Administration (GSA).
ACTION: Proposed rule; Correction.
AGENCY:
The General Services
Administration (GSA) is issuing a
correction to GSAR Case 2015–G506;
Adoption of Construction Project
Delivery Method Involving Early
Industry Engagement—Construction
Manager as Constructor (CMc). The
document heading carried an incorrect
Regulatory Information Number (RIN) in
the header. This document carries the
correct RIN.
DATES: Comments for the proposed rule
published November 8, 2018 continue
to be accepted on or before January 7,
2019 to be considered in the
formulation of the final rule.
ADDRESSES: Submit comments
identified by GSAR Case 2015–G503 by
any of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
searching for ‘‘GSAR Case 2015–G506’’.
Select the link ‘‘Comment Now’’ that
corresponds with GSAR Case 2015–
G506. Follow the instructions provided
on the screen. Please include your
name, company name (if any), and
‘‘GSAR Case 2015–G506’’ on your
attached document.
• Mail: General Services
Administration, Regulatory Secretariat
Division, 1800 F Street NW, ATTN: Lois
Mandell Washington, DC 20405.
Instructions: Please submit comments
only and cite GSAR Case 2015–G506 in
daltland on DSKBBV9HB2PROD with PROPOSALS
SUMMARY:
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all correspondence related to this case.
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allow 30 days for posting of comments
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FOR FURTHER INFORMATION CONTACT: For
clarification about content, contact Mr.
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Manager as Constructor Contracting.
SUPPLEMENTARY INFORMATION: On
November 8, 2018, at 83 FR 55838, GSA
published a proposed rule to amend the
GSAR to revise sections of GSAR Part
536, Construction and ArchitectEngineer Contracts, and corresponding
clauses in GSAR Part 552, Solicitation
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correct RIN is ‘‘RIN 3090–AJ64’’ and is
contained in the heading of this
correction.
Authority: 40 U.S.C. 121(c).
Dated: November 20, 2018.
Jeffrey A. Koses,
Senior Procurement Executive, Office of
Acquisition Policy, Office of Governmentwide Policy.
[FR Doc. 2018–25741 Filed 11–26–18; 8:45 am]
BILLING CODE 6820–61–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 180702599–8599–01]
RIN 0648–BI03
Fisheries of the Northeastern United
States; Northeast Skate Complex;
Framework Adjustment 6; Revised
2018–2019 Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
PO 00000
Frm 00033
Fmt 4702
Sfmt 4702
Proposed rule; request for
comments.
ACTION:
This rule proposes to approve
and implement measures submitted by
the New England Fishery Management
Council in Framework Adjustment 6 to
the Northeast Skate Complex Fishery
Management Plan and revise the 2018–
2019 specifications. This action would
reduce the management uncertainty
buffer between the annual catch limit
and the annual catch target from 25 to
10 percent, which would result in
increasing the annual catch target and
total allowable landings for the 2018–
2019 fishing years by 20 percent. This
action is necessary to allow the skate
wing total allowable landing to be
achieved while minimizing the need to
restrict fishing operations through
incidental possession limits. This action
intends to extend the directed fishing
time for both the skate wing and bait
fisheries.
DATES: Public comments must be
received by December 12, 2018.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2018–0123, by either of the
following methods:
Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal.
1. Go to www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20180123,
2. Click the ‘‘Comment Now!’’ icon,
complete the required fields, and
3. Enter or attach your comments.
—OR—
Mail: Submit written comments to
Michael Pentony, Regional
Administrator, National Marine
Fisheries Service, 55 Great Republic
Drive, Gloucester, MA, 01930. Mark the
outside of the envelope, ‘‘Comments on
the Proposed Rule to Skate Framework
Adjustment 6.’’
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
submitted as instructed that we receive
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, etc.), confidential
business information, or otherwise
sensitive information submitted
voluntarily by the sender will be
publicly accessible. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
SUMMARY:
E:\FR\FM\27NOP1.SGM
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Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Proposed Rules
Word, Excel, or Adobe PDF file formats
only.
New England Fishery Management
Council staff prepared an environmental
assessment (EA) for Northeast Skate
Complex Framework Adjustment 6 that
describes the proposed action and other
considered alternatives. The EA
provides an analysis of the biological,
economic, and social impacts of the
proposed measures and other
considered alternatives and economic
analysis. Copies of the Framework 6 EA
are available on request from Thomas A.
Nies, Executive Director, New England
Fishery Management Council, 50 Water
Street, Newburyport, MA 01950. This
document is also available from the
following internet addresses: https://
www.nefmc.org and www.regulations.
gov/#!docketDetail;D=NOAA-NMFS2018-0123.
FOR FURTHER INFORMATION CONTACT:
Emily Gilbert, Fishery Policy Analyst,
(978) 281–9244.
SUPPLEMENTARY INFORMATION:
Background
The Northeast Skate Complex Fishery
Management Plan (FMP), developed by
the New England Fishery Management
Council and implemented in 2003,
manages a complex of seven skate
species (barndoor, clearnose, little,
60819
rosette, smooth, thorny, and winter
skate) off the New England and midAtlantic coasts. Skates are harvested and
managed in two different fisheries: One
for food (the wing fishery) and one for
lobster and crab bait (the bait fishery).
The fishing year for skates is from
May 1 to April 30. The directed wing
fishery is managed using possession
limits in two separate seasons. The bait
fishery has possession limits in three
separate seasons (Table 1). When catch
approaches the seasonal total allowable
landings (TAL), a lower, more restrictive
incidental limit is implemented to slow
harvest and help ensure that seasonal
quotas are not exceeded.
TABLE 1—POSSESSION LIMITS PER TRIP FOR FISHING YEARS 2018–2019
Trip limits
Skate possession limits *
NE Multispecies, Scallop, or Monkfish Day-At-Sea (DAS):
Season 1 (May 1–August 31) ................................................
Season 2 (September 1–April 30) .........................................
NE Multispecies B DAS:
May 1–April 30 .......................................................................
Non-DAS:
May 1–April 30 .......................................................................
Whole skate with bait Letter of Authorization:
May 1–October 31 .................................................................
November 1–April 30 .............................................................
Skate wings
Whole skates
Barndoor ** skate
wings
Whole barndoor **
skates
2,600 lb, 1,179 kg .......
4,100 lb, 1,860kg ........
5,902 lb, 2,677 kg .......
9,307 lb, 4,222 kg .......
650 lb, 295 kg .............
1,025 lb, 465 kg ..........
1,476 lb, 670 kg.
2,327 lb, 1,056 kg.
220 lb, 100 kg .............
500 lb, 227 kg .............
0 ..................................
0.
500 lb, 227 kg .............
1,135 lb, 515 kg ..........
0 ..................................
0.
0 ..................................
0 ..................................
25,000 lb, 11,340 kg ...
12,000 lb, 5,443 kg .....
0 ..................................
0 ..................................
0.
0.
daltland on DSKBBV9HB2PROD with PROPOSALS
* Possession limits may be modified in-season in order to prevent catch from exceeding quotas.
** Barndoor skate trip limits are within the overall skate possession limit for each trip, not in addition to it.
In recent years, a combination of
lower overall catch limits and strong
fishery participation has caused the
incidental limits in both the wing and
bait fisheries to be triggered with several
months remaining in the fishing year.
To address this issue for the bait fishery,
the Council developed and NMFS
implemented Framework Adjustment 4
in March 2018 to better control the
catch of skate bait throughout the
fishing year (83 FR 6133; February 13,
2018). Similarly, in January 2018, the
Council initiated Framework
Adjustment 6 to adjust measures to
extend the directed skate wing fishing
year and reduce negative impacts when
skate wing incidental limits are
triggered. The Council took final action
on Framework 6 at its June 2018
meeting.
fisheries. Council analysis indicates that
this revised buffer would likely delay
the need to implement the restrictive
incidental limit of 500 lb (227 kg) in the
wing fishery until closer to the end of
the fishing year. For the bait fishery, this
buffer reduction is expected to delay the
incidental trigger until around March.
The analyses within Framework 6
indicate that the level of management
uncertainty within the skate fishery has
likely reduced since the implementation
of the ACL operational framework in
2010. For example, management
controls put in place have been effective
at constraining catch; species
identification and catch accounting has
improved; ACLs have not been
exceeded, and only minor overages of
fishery TALs have occurred.
Proposed Measures
Revised 2018–2019 Specifications
This action would adjust the
management uncertainty buffer between
the annual catch limit (ACL) and annual
catch target (ACT) in the skate FMP. The
current uncertainty buffer between the
ACL and ACT is 25 percent (i.e., ACT
= 75 percent of ACL). This action would
reduce this buffer to 10 percent,
allowing for an increase in the TALs
allocated to both the wing and bait
The proposed modification to the
management uncertainty buffer would
result in adjustments to the 2018–2019
specifications implemented through
Framework Adjustment 5 (83 FR 48985;
September 28, 2018). NMFS is
proposing the following revised
specifications for the 2018–2019 fishing
years as recommended by the Council in
Framework 6:
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Fmt 4702
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1. The acceptable biological catch and
ACL would remain at 31,327 mt;
2. An ACT of 28,194 mt (90 percent
of the ACL);
3. A TAL of the 15,788 mt for the
entire skate fishery;
4. A TAL of 10,499 mt for the wing
fishery, that is divided in two seasons
according to the current regulations at
50 CFR 648.322. In season 1 (May 1–
August 31) the TAL would be 5,984 mt
(57 percent), and the remainder of the
TAL allocated to Season 2 (September
1–April 30). As the 2018 fishing year
started on May 1, the wing TALs would
be retroactively increased. The
regulations for the skate fishery allow
for unused wing TAL from Season 1 to
be rolled-over to Season 2. NMFS
estimates that 4,490 mt of wings were
landed in Season 1, and therefore 497
mt can be rolled over to Season 2 in
2018. Given this, the Season 2 wing
TAL in 2018 would be approximately
5,012 mt.
5. A TAL of 5,289 mt for the bait
fishery that is divided into three seasons
according to the current regulations at
§ 648.322. In Season 1 (May 1–July 31)
the TAL would be 1,629 mt (30.8
percent); in Season 2 (August 1–October
31) the TAL would be 1,962 mt (37.1
percent), and the remainder (1,698 mt)
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60820
Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Proposed Rules
daltland on DSKBBV9HB2PROD with PROPOSALS
would be allocated to Season 3
(November 1–April 30). As the 2018
fishing year started on May 1, the bait
TALs would be retroactively increased.
The regulations for the skate fishery
allow for the unused bait TAL from
Seasons 1 and 2 to be rolled-over to
Season 3. Therefore, once TALs are
revised for Seasons 1 and 2 and
landings have been accounted for,
NMFS would adjust the 2018 Season 3
bait TAL accordingly. At a minimum
the 2018 Season 3 bait TAL is expected
to increase by 598 mt (i.e., the sum of
the proposed revised 2018 Season 1 and
Season 2 bait TALs under Skate
Framework 6, minus the sum of the
Season 1 and 2 bait TALs under the
2018–2019 specifications implemented
through Skate Framework 5).
The Council reviewed the proposed
regulations and deemed them necessary
and appropriate to implement
consistent with section 303(c) of the
Magnuson-Stevens Conservation and
Management Act.
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
FMP, Framework 6, 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
purposes of Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
proposed rule, if adopted, would not
have a significant economic effect on a
substantial number of small entities.
The factual basis for this determination
is as follows.
The purpose of this action is to allow
the skate wing TAL to be achieved
while minimizing the need to restrict
fishing operations through incidental
possession limits. As proposed, this
action would reduce the management
uncertainty buffer between the skate
ACL and the ACT from 25 to 10 percent,
which would result in increasing the
ACT and TAL for the 2018–2019 fishing
years by 20 percent. This action, if
implemented, is expected to extend the
directed fishing year for both the skate
wing and bait fisheries and allow higher
magnitude landings for a longer portion
of the fishing year.
The action would impact vessels or
affiliated groups that hold Federal skate
permits and participate in skate
fisheries. The Council’s analysis of 2017
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16:41 Nov 26, 2018
Jkt 247001
data, the most recent complete set of
data available, indicates that the skate
fishery had 288 affiliated groups with
single permits, and another 91 vessels
belonged to affiliated groups that hold 2
or more permits. It is difficult to
quantitatively analyze the economic
impacts of increasing TALs, as
economic impacts would have to be
compared against 2015 fishing year data
(the last year in which the incidental
possession limit was not imposed) when
TALs were higher than the proposed
revised 2018 levels under Framework 6.
Therefore, a qualitative analysis is
described below.
For Regulatory Flexibility Act (RFA)
purposes only, NMFS has established a
small business size standard for
businesses, including their affiliates,
whose primary industry is commercial
fishing (see 50 CFR 200.2). A business
primarily engaged in commercial fishing
(NAICS code 11411) is classified as a
small business if it is independently
owned and operated, is not dominant in
its field of operation (including its
affiliates), and has combined annual
receipts not in excess of $11.0 million
for all its affiliated operations
worldwide. The determination as to
whether the entity is large or small is
based on a 3-year average of annual
revenue.
Affiliate data are assembled by NMFS,
as of June 1st each year, for analysis
required by the RFA. During fishing
year 2017, 334 regulated entities landed
skates; 330 entities were small and 4
were large. All 334 entities could be
directly regulated by this proposed
action.
This action, which proposes to
increase the ACT and TALs for the
2018–2019 fishing years by 20 percent,
is expected to result in increased
revenues and economic benefits. This
action is not expected to have a
significant economic impact on a
substantial number of small entities.
The effects of this action on the
regulated small entities in this analysis
are expected to be positive. Under the
proposed action, small entities would
not be placed at a competitive
disadvantage relative to large entities,
and the regulations would not reduce
profits for any small entities. As a result,
an initial regulatory flexibility analysis
is not required and none has been
prepared.
This rule would not establish any new
reporting or recordkeeping
requirements.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
PO 00000
Frm 00035
Fmt 4702
Sfmt 9990
Dated: November 20, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is proposed
to be amended as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.320, paragraph (a)(4) is
revised to read as follows:
■
§ 648.320 Skate FMP review and
monitoring.
(a) * * *
(4) Based on the annual review
described above and/or the Stock
Assessment and Fishery Evaluation
(SAFE) Report described in paragraph
(b) of this section, recommendations for
acceptable biological catch (ABC) from
the Scientific and Statistical Committee,
and any other relevant information, the
Skate PDT shall recommend to the Skate
Committee and Council the following
annual specifications for harvest of
skates: An annual catch limit (ACL) for
the skate complex set less than or equal
to ABC; an annual catch target (ACT) for
the skate complex set less than or equal
to 90 percent of the ACL; and total
allowable landings (TAL) necessary to
meet the objectives of the FMP in each
fishing year (May 1–April 30), specified
for a period of up to 2 fishing years.
*
*
*
*
*
■ 3. In § 648.323, paragraph (b)(1) is
revised to read as follows:
§ 648.323
Accountability measures.
*
*
*
*
*
(b) * * *
(1) If the ACL is determined to have
been exceeded in any given year, based
upon, but not limited to, available
landings and discard information, the
percent buffer between ACL and ACT
shall be increased by 1 percent for each
1-percent ACL overage in the second
fishing year following the fishing year in
which the ACL overage occurred,
through either the specifications or
framework adjustment process
described under §§ 648.320 and
648.321.
*
*
*
*
*
[FR Doc. 2018–25727 Filed 11–26–18; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Proposed Rules]
[Pages 60818-60820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25727]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 180702599-8599-01]
RIN 0648-BI03
Fisheries of the Northeastern United States; Northeast Skate
Complex; Framework Adjustment 6; Revised 2018-2019 Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This rule proposes to approve and implement measures submitted
by the New England Fishery Management Council in Framework Adjustment 6
to the Northeast Skate Complex Fishery Management Plan and revise the
2018-2019 specifications. This action would reduce the management
uncertainty buffer between the annual catch limit and the annual catch
target from 25 to 10 percent, which would result in increasing the
annual catch target and total allowable landings for the 2018-2019
fishing years by 20 percent. This action is necessary to allow the
skate wing total allowable landing to be achieved while minimizing the
need to restrict fishing operations through incidental possession
limits. This action intends to extend the directed fishing time for
both the skate wing and bait fisheries.
DATES: Public comments must be received by December 12, 2018.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2018-0123, by either of the following methods:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal.
1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0123,
2. Click the ``Comment Now!'' icon, complete the required fields,
and
3. Enter or attach your comments.
--OR--
Mail: Submit written comments to Michael Pentony, Regional
Administrator, National Marine Fisheries Service, 55 Great Republic
Drive, Gloucester, MA, 01930. Mark the outside of the envelope,
``Comments on the Proposed Rule to Skate Framework Adjustment 6.''
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments submitted as instructed
that we receive 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, etc.),
confidential business information, or otherwise sensitive information
submitted voluntarily by the sender will be publicly accessible. NMFS
will accept anonymous comments (enter ``N/A'' in the required fields if
you wish to remain anonymous). Attachments to electronic comments will
be accepted in Microsoft
[[Page 60819]]
Word, Excel, or Adobe PDF file formats only.
New England Fishery Management Council staff prepared an
environmental assessment (EA) for Northeast Skate Complex Framework
Adjustment 6 that describes the proposed action and other considered
alternatives. The EA provides an analysis of the biological, economic,
and social impacts of the proposed measures and other considered
alternatives and economic analysis. Copies of the Framework 6 EA are
available on request from Thomas A. Nies, Executive Director, New
England Fishery Management Council, 50 Water Street, Newburyport, MA
01950. This document is also available from the following internet
addresses: https://www.nefmc.org and www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0123.
FOR FURTHER INFORMATION CONTACT: Emily Gilbert, Fishery Policy Analyst,
(978) 281-9244.
SUPPLEMENTARY INFORMATION:
Background
The Northeast Skate Complex Fishery Management Plan (FMP),
developed by the New England Fishery Management Council and implemented
in 2003, manages a complex of seven skate species (barndoor, clearnose,
little, rosette, smooth, thorny, and winter skate) off the New England
and mid-Atlantic coasts. Skates are harvested and managed in two
different fisheries: One for food (the wing fishery) and one for
lobster and crab bait (the bait fishery).
The fishing year for skates is from May 1 to April 30. The directed
wing fishery is managed using possession limits in two separate
seasons. The bait fishery has possession limits in three separate
seasons (Table 1). When catch approaches the seasonal total allowable
landings (TAL), a lower, more restrictive incidental limit is
implemented to slow harvest and help ensure that seasonal quotas are
not exceeded.
Table 1--Possession Limits per Trip for Fishing Years 2018-2019
----------------------------------------------------------------------------------------------------------------
Trip limits
---------------------------------------------------------------------------------
Skate possession limits * Barndoor **
Skate wings Whole skates skate wings Whole barndoor ** skates
----------------------------------------------------------------------------------------------------------------
NE Multispecies, Scallop, or
Monkfish Day-At-Sea (DAS):
Season 1 (May 1-August 31) 2,600 lb, 1,179 5,902 lb, 2,677 650 lb, 295 kg.. 1,476 lb, 670 kg.
kg. kg.
Season 2 (September 1- 4,100 lb, 1,860kg 9,307 lb, 4,222 1,025 lb, 465 kg 2,327 lb, 1,056 kg.
April 30). kg.
NE Multispecies B DAS:
May 1-April 30............ 220 lb, 100 kg... 500 lb, 227 kg... 0............... 0.
Non-DAS:
May 1-April 30............ 500 lb, 227 kg... 1,135 lb, 515 kg. 0............... 0.
Whole skate with bait Letter
of Authorization:
May 1-October 31.......... 0................ 25,000 lb, 11,340 0............... 0.
kg.
November 1-April 30....... 0................ 12,000 lb, 5,443 0............... 0.
kg.
----------------------------------------------------------------------------------------------------------------
* Possession limits may be modified in-season in order to prevent catch from exceeding quotas.
** Barndoor skate trip limits are within the overall skate possession limit for each trip, not in addition to
it.
In recent years, a combination of lower overall catch limits and
strong fishery participation has caused the incidental limits in both
the wing and bait fisheries to be triggered with several months
remaining in the fishing year. To address this issue for the bait
fishery, the Council developed and NMFS implemented Framework
Adjustment 4 in March 2018 to better control the catch of skate bait
throughout the fishing year (83 FR 6133; February 13, 2018). Similarly,
in January 2018, the Council initiated Framework Adjustment 6 to adjust
measures to extend the directed skate wing fishing year and reduce
negative impacts when skate wing incidental limits are triggered. The
Council took final action on Framework 6 at its June 2018 meeting.
Proposed Measures
This action would adjust the management uncertainty buffer between
the annual catch limit (ACL) and annual catch target (ACT) in the skate
FMP. The current uncertainty buffer between the ACL and ACT is 25
percent (i.e., ACT = 75 percent of ACL). This action would reduce this
buffer to 10 percent, allowing for an increase in the TALs allocated to
both the wing and bait fisheries. Council analysis indicates that this
revised buffer would likely delay the need to implement the restrictive
incidental limit of 500 lb (227 kg) in the wing fishery until closer to
the end of the fishing year. For the bait fishery, this buffer
reduction is expected to delay the incidental trigger until around
March. The analyses within Framework 6 indicate that the level of
management uncertainty within the skate fishery has likely reduced
since the implementation of the ACL operational framework in 2010. For
example, management controls put in place have been effective at
constraining catch; species identification and catch accounting has
improved; ACLs have not been exceeded, and only minor overages of
fishery TALs have occurred.
Revised 2018-2019 Specifications
The proposed modification to the management uncertainty buffer
would result in adjustments to the 2018-2019 specifications implemented
through Framework Adjustment 5 (83 FR 48985; September 28, 2018). NMFS
is proposing the following revised specifications for the 2018-2019
fishing years as recommended by the Council in Framework 6:
1. The acceptable biological catch and ACL would remain at 31,327
mt;
2. An ACT of 28,194 mt (90 percent of the ACL);
3. A TAL of the 15,788 mt for the entire skate fishery;
4. A TAL of 10,499 mt for the wing fishery, that is divided in two
seasons according to the current regulations at 50 CFR 648.322. In
season 1 (May 1-August 31) the TAL would be 5,984 mt (57 percent), and
the remainder of the TAL allocated to Season 2 (September 1-April 30).
As the 2018 fishing year started on May 1, the wing TALs would be
retroactively increased. The regulations for the skate fishery allow
for unused wing TAL from Season 1 to be rolled-over to Season 2. NMFS
estimates that 4,490 mt of wings were landed in Season 1, and therefore
497 mt can be rolled over to Season 2 in 2018. Given this, the Season 2
wing TAL in 2018 would be approximately 5,012 mt.
5. A TAL of 5,289 mt for the bait fishery that is divided into
three seasons according to the current regulations at Sec. 648.322. In
Season 1 (May 1-July 31) the TAL would be 1,629 mt (30.8 percent); in
Season 2 (August 1-October 31) the TAL would be 1,962 mt (37.1
percent), and the remainder (1,698 mt)
[[Page 60820]]
would be allocated to Season 3 (November 1-April 30). As the 2018
fishing year started on May 1, the bait TALs would be retroactively
increased. The regulations for the skate fishery allow for the unused
bait TAL from Seasons 1 and 2 to be rolled-over to Season 3. Therefore,
once TALs are revised for Seasons 1 and 2 and landings have been
accounted for, NMFS would adjust the 2018 Season 3 bait TAL
accordingly. At a minimum the 2018 Season 3 bait TAL is expected to
increase by 598 mt (i.e., the sum of the proposed revised 2018 Season 1
and Season 2 bait TALs under Skate Framework 6, minus the sum of the
Season 1 and 2 bait TALs under the 2018-2019 specifications implemented
through Skate Framework 5).
The Council reviewed the proposed regulations and deemed them
necessary and appropriate to implement consistent with section 303(c)
of the Magnuson-Stevens Conservation and Management Act.
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 FMP, Framework 6, 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
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic effect on a substantial number of small entities.
The factual basis for this determination is as follows.
The purpose of this action is to allow the skate wing TAL to be
achieved while minimizing the need to restrict fishing operations
through incidental possession limits. As proposed, this action would
reduce the management uncertainty buffer between the skate ACL and the
ACT from 25 to 10 percent, which would result in increasing the ACT and
TAL for the 2018-2019 fishing years by 20 percent. This action, if
implemented, is expected to extend the directed fishing year for both
the skate wing and bait fisheries and allow higher magnitude landings
for a longer portion of the fishing year.
The action would impact vessels or affiliated groups that hold
Federal skate permits and participate in skate fisheries. The Council's
analysis of 2017 data, the most recent complete set of data available,
indicates that the skate fishery had 288 affiliated groups with single
permits, and another 91 vessels belonged to affiliated groups that hold
2 or more permits. It is difficult to quantitatively analyze the
economic impacts of increasing TALs, as economic impacts would have to
be compared against 2015 fishing year data (the last year in which the
incidental possession limit was not imposed) when TALs were higher than
the proposed revised 2018 levels under Framework 6. Therefore, a
qualitative analysis is described below.
For Regulatory Flexibility Act (RFA) purposes only, NMFS has
established a small business size standard for businesses, including
their affiliates, whose primary industry is commercial fishing (see 50
CFR 200.2). A business primarily engaged in commercial fishing (NAICS
code 11411) is classified as a small business if it is independently
owned and operated, is not dominant in its field of operation
(including its affiliates), and has combined annual receipts not in
excess of $11.0 million for all its affiliated operations worldwide.
The determination as to whether the entity is large or small is based
on a 3-year average of annual revenue.
Affiliate data are assembled by NMFS, as of June 1st each year, for
analysis required by the RFA. During fishing year 2017, 334 regulated
entities landed skates; 330 entities were small and 4 were large. All
334 entities could be directly regulated by this proposed action.
This action, which proposes to increase the ACT and TALs for the
2018-2019 fishing years by 20 percent, is expected to result in
increased revenues and economic benefits. This action is not expected
to have a significant economic impact on a substantial number of small
entities. The effects of this action on the regulated small entities in
this analysis are expected to be positive. Under the proposed action,
small entities would not be placed at a competitive disadvantage
relative to large entities, and the regulations would not reduce
profits for any small entities. As a result, an initial regulatory
flexibility analysis is not required and none has been prepared.
This rule would not establish any new reporting or recordkeeping
requirements.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: November 20, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.320, paragraph (a)(4) is revised to read as follows:
Sec. 648.320 Skate FMP review and monitoring.
(a) * * *
(4) Based on the annual review described above and/or the Stock
Assessment and Fishery Evaluation (SAFE) Report described in paragraph
(b) of this section, recommendations for acceptable biological catch
(ABC) from the Scientific and Statistical Committee, and any other
relevant information, the Skate PDT shall recommend to the Skate
Committee and Council the following annual specifications for harvest
of skates: An annual catch limit (ACL) for the skate complex set less
than or equal to ABC; an annual catch target (ACT) for the skate
complex set less than or equal to 90 percent of the ACL; and total
allowable landings (TAL) necessary to meet the objectives of the FMP in
each fishing year (May 1-April 30), specified for a period of up to 2
fishing years.
* * * * *
0
3. In Sec. 648.323, paragraph (b)(1) is revised to read as follows:
Sec. 648.323 Accountability measures.
* * * * *
(b) * * *
(1) If the ACL is determined to have been exceeded in any given
year, based upon, but not limited to, available landings and discard
information, the percent buffer between ACL and ACT shall be increased
by 1 percent for each 1-percent ACL overage in the second fishing year
following the fishing year in which the ACL overage occurred, through
either the specifications or framework adjustment process described
under Sec. Sec. 648.320 and 648.321.
* * * * *
[FR Doc. 2018-25727 Filed 11-26-18; 8:45 am]
BILLING CODE 3510-22-P
