Fisheries of the Northeastern United States; Northeast Skate Complex; Framework Adjustment 6; Revised 2018-2019 Specifications, 4373-4376 [2019-02382]
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Federal Register / Vol. 84, No. 32 / Friday, February 15, 2019 / Rules and Regulations
authority to exceed the five offeror
maximum when the contracting officer’s
decision is approved by the head of the
contracting activity, delegable to a level
no lower than the senior contracting
official within the contracting activity,
when the solicitation is for a contract
that exceeds $4 million. The rule also
provides that the number of offerors is
at the contracting officer’s discretion
when the solicitation is for a contract
that does not exceed $4 million.
There were no significant issues
raised by the public comments in
response to the initial regulatory
flexibility analysis.
Based on FY 2017 data from the
Federal Procurement Data System, DoD
issued approximately 499 new awards
for construction exceeding $4 million to
396 unique businesses, to include IDIQ
contracts, purchase orders, and orders
under basic ordering agreements. Of the
499 new awards for construction,
approximately 305 awards
(approximately 61 percent) were made
to 252 unique small entities
(approximately 64 percent). This
estimate is based on the assumption that
contracts for design-build are coded as
‘‘construction’’ in FPDS, in which case
a smaller number of small entities are
actually impacted by the opportunity to
exceed to the five offeror maximum for
contracts valued in excess of $4 million.
For contracts valued at or below $4
million, the FAR already provides an
opportunity for contracting officers to
determine that a greater number of
offerors is in the Government’s interest
and is consistent with the purposes and
objectives of the two-phase design-build
selection procedures. No significant
impact is expected to result from
authorizing contracting officers to
exceed the maximum number at their
own discretion.
This final rule does not include any
new reporting or recordkeeping
requirements for small entities.
There are no known significant
alternative approaches to the final rule
that would meet the requirements of the
applicable statute.
khammond on DSKBBV9HB2PROD with RULES
VI. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
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16:03 Feb 14, 2019
Jkt 247001
List of Subjects in 48 CFR Part 236
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR part 236 is
amended as follows:
PART 236—CONSTRUCTION AND
ARCHITECT–ENGINEER CONTRACTS
1. The authority citation for part 236
continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Add subpart 236.3, consisting of
236.303–1, to read as follows:
■
SUBPART 236.3—TWO–PHASE
DESIGN–BUILD SELECTION
PROCEDURES
236.303–1
Phase One.
(a)(4) In lieu of the limitations on the
maximum number of offerors that may
be selected to submit phase-two
proposals at FAR 36.303–1(a)(4), for
DoD—
(i) If the contract value exceeds $4
million, the maximum number of
offerors specified in the solicitation that
are to be selected to submit phase-two
proposals shall not exceed five, unless—
(A) The solicitation is issued for an
indefinite-delivery indefinite-quantity
contract for design-build construction;
or
(B) The head of the contracting
activity, delegable to a level no lower
than the senior contracting official
within the contracting activity, approves
the contracting officer’s decision with
respect to an individual solicitation,
that a maximum number greater than
five is in the best interest of the
Government and is consistent with the
purposes and objectives of the twophase selection procedures. The
decision shall be documented in the
contract file (10 U.S.C 2305a(d)).
(ii) If the contract value is at or below
$4 million, the maximum number of
offerors specified in the solicitation that
are to be selected to submit phase-two
proposals is at the discretion of the
contracting officer.
[FR Doc. 2019–02526 Filed 2–14–19; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 180702599–9068–02]
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.
ACTION: Final rule.
AGENCY:
NMFS approves and
implements measures submitted by the
New England Fishery Management
Council in Framework Adjustment 6 to
the Northeast Skate Complex Fishery
Management Plan and revises the 2018–
2019 skate fishery specifications. This
action is necessary to allow the skate
wing total allowable landings 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.
SUMMARY:
Effective on February 15, 2019.
The New England Fishery
Management Council (Council)
prepared an environmental assessment
(EA) for Northeast Skate Complex
Framework Adjustment 6 that describes
the 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, a
Regulatory Impact Review, 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.
DATES:
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Emily Gilbert, Fishery Policy Analyst,
(978) 281–9244.
SUPPLEMENTARY INFORMATION:
Background
The New England Fishery
Management Council’s Northeast Skate
Complex Fishery Management Plan
(FMP) manages a complex of seven
skate species (barndoor, clearnose, little,
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Federal Register / Vol. 84, No. 32 / Friday, February 15, 2019 / Rules and Regulations
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 possession and landing 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 *
Skate wings
Whole skates
Barndoor ** skate
wings
Whole barndoor **
skates
Season 1 (May 1–August 31)
2,600 lb, 1,179 kg ......
5,902 lb, 2,677 kg ......
650 lb,295 kg ..............
1,476 lb,670 kg.
Season 2 (September 1–April
30).
May 1–April 30 ........................
May 1–April 30 ........................
May 1–October 31 ..................
4,100 lb,1,860kg .........
9,307 lb,4,222 kg ........
1,025 lb,465 kg ...........
2,327 lb,1,056 kg.
220 lb,100 kg ..............
500 lb,227 kg ..............
0 ..................................
500 lb,227 kg ..............
1,135 lb,515 kg ...........
25,000 lb,11,340 kg ....
0 ..................................
0 ..................................
0 ..................................
0.
0.
0.
November 1–April 30 ..............
0 ..................................
12,000 lb,5,443 kg ......
0 ..................................
0.
.
Northeast (NE) Multispecies,
Scallop, or Monkfish Day-AtSea (DAS).
NE Multispecies B DAS ..........
Non-DAS .................................
Whole skate with bait Letter of
Authorization.
* 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 put into effect with
several months remaining in the fishing
year. To address this issue for the bait
fishery, the Council developed and
NMFS implemented Framework 4 in
March 2018 to better control the catch
of skate bait throughout the fishing year
(83 FR 6133; February 13, 2018).
Similarly, the Council developed
Framework 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. On November 27, 2018, we
proposed management modifications to
implement Framework Adjustment 6 to
the Northeast Skate Complex Fishery
Management Plan and revise the 2018–
2019 specifications (83 FR 60818).
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Final Measures
This action adjusts 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
reduces this buffer to 10 percent,
resulting in an increase in the TALs for
both the wing and bait fisheries. Council
analysis indicates that this revised
buffer will likely delay the need to
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implement the restrictive incidental
limit of 500 lb (227 kg) in the wing
fishery until later this spring. For the
bait fishery, this buffer reduction is
expected to delay enacting the
incidental limits 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. This action
also makes an administrative change to
the accountability measures regulation
to be consistent with the uncertainty
buffer changes.
Revised 2018–2019 Specifications
The modification to the management
uncertainty buffer results in adjustments
to the 2018–2019 specifications
implemented through Framework 5 (83
FR 48985; September 28, 2018). As a
result, this action implements the
following revised 2018–2019
specifications (Table 2):
1. The acceptable biological catch
(ABC) and ACL remains 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.
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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 will 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 will be
retroactively increased. The regulations
for the skate fishery allow for unused
wing TAL from Season 1 to be rolledover to Season 2. NMFS estimates that
4,490 mt of wings were landed in
Season 1, and therefore 1,494 mt can be
rolled over to Season 2 in 2018. Given
this, the Season 2 wing TAL in 2018
will be approximately 6,009 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 is 1,629 mt (30.8 percent); in
Season 2 (August 1–October 31) the
TAL is 1,962 mt (37.1 percent), and the
remainder (1,698 mt) is allocated to
Season 3 (November 1–April 30). As the
2018 fishing year started on May 1, the
bait TALs will 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, NMFS will
adjust the 2018 Season 3 bait TAL
accordingly. The 2018 Season 3 bait
TAL will increase by 1,062 mt, resulting
in a final season 3 TAL of 2,760 mt.
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TABLE 2—COMPARISON OF THE FRAMEWORK 5 2018–2019 SPECIFICATIONS TO THE REVISED FRAMEWORK 6 2018–2019
VALUES
[mt]
Previous
ABC = ACL ..............................................................................................................................................................
ACT ..........................................................................................................................................................................
Wing Fishery TAL ....................................................................................................................................................
Bait Fishery TAL ......................................................................................................................................................
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The Council reviewed the Framework
6 regulations and deemed them
necessary and appropriate to implement
consistent with section 303(c) of the
Magnuson-Stevens Conservation and
Management Act.
Comments and Responses
We received nine public comments on
the proposed rule, which we have
merged into three comments below.
Comment 1: The Sustainable Fisheries
Association (SFA), the Atlantic Offshore
Lobstermen’s Association, and one
member of the public offered support
for this action. The SFA also requested
that this final rule be implemented as
soon as possible to avoid an
unnecessary closure of the directed
wing fishery based on the TALs
implemented through Framework 5.
Response: NMFS agrees and is
implementing this rule as soon as
possible.
Comment 2: Four individuals and
Shark Advocates International were not
supportive of the reduction in the
uncertainty buffer due to concerns over
declining skate populations and
inadequate fisheries data.
Response: Based on the most recent
assessment information, NMFS
disagrees that the skate species are
depleted. With the exception of thorny
skate, the seven other skate species that
make up the skate complex are not
overfished or experiencing overfishing.
Thorny skates are overfished, but
overfishing is not occurring and
retention and landing of thorny skates is
prohibited. This action is based on the
best available information and takes into
account the status of these stocks when
determining appropriate management
buffers and specifications. The
Council’s analysis for Framework 6
indicated that several sources of
management uncertainty outlined in the
2010 action that established the 75percent buffer have been improved such
that revising the buffer is appropriate.
The Council may adjust the
management uncertainty buffer in a
future action if it is determined that the
buffer should be increased to respond to
changes in available data or skate stock
status.
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Comment 3: We received one
additional letter from the New London
Seafood Distributors that made no
comment on the proposed measures, but
requested that additional measures be
considered. Specifically, the
organization is interested in adjusting
seasonal possession limits and allowing
for a higher proportion of the TAL in
Season 3.
Response: These suggestions are
outside the scope of this action but the
Council may consider this information
in a future action. New specifications
for fishing years 2020–2022 are
expected to be developed by the Council
in 2019.
Changes From the Proposed Rule
There are no changes to the measures
from the proposed rule.
Classification
The Administrator, Greater Atlantic
Region, NMFS, determined that
Framework 6 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 law.
The Assistant Administrator for
Fisheries, NOAA, finds that because this
rule relieves restrictions (i.e., increases
the total allowable landings available to
the wing and bait fisheries to allow the
fisheries to continue uninterrupted), it
is excepted from the 30-day delay in
effectiveness under 5 U.S.C. 533(d)(1).
During the partial government
shutdown that began on December 21,
2018, the wing fishery reached 91
percent of its current 2018 TAL, which
is above the 85-percent threshold for
implementing the incidental possession
limit that would essentially close the
directed wing fishery by reducing the
possession limit to 500 lb (227 kg).
Because this action will increase the
2018–2019 TAL by 20 percent, the
possession limit threshold would be
extended to later in the fishing year. If
the 30-day delay of effectiveness is not
waived, unnecessarily restrictive
incidental limits will need to be
implemented and be in effect longer,
putting some vessels at a disadvantage.
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Revised
31,327
23,495
8,749
4,408
31,327
28,194
10,499
5,289
This would be contrary to the public
interest because it would undermine the
intent of this rule to extend the directed
fishing time for both the skate wing and
bait fisheries. As a result, NMFS is
waiving the requirement.
This final 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 during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
Dated: February 11, 2019.
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 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
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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.
*
*
*
*
*
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Jkt 247001
3. In § 648.323, revise the heading for
paragraph (b) and paragraph (b)(1) to
read as follows:
■
§ 648.323
Accountability measures.
*
*
*
*
*
(b) ACL overages. (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-
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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. 2019–02382 Filed 2–14–19; 8:45 am]
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[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Rules and Regulations]
[Pages 4373-4376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02382]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 180702599-9068-02]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS approves and implements measures submitted by the New
England Fishery Management Council in Framework Adjustment 6 to the
Northeast Skate Complex Fishery Management Plan and revises the 2018-
2019 skate fishery specifications. This action is necessary to allow
the skate wing total allowable landings 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: Effective on February 15, 2019.
ADDRESSES: The New England Fishery Management Council (Council)
prepared an environmental assessment (EA) for Northeast Skate Complex
Framework Adjustment 6 that describes the 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, a Regulatory Impact Review, 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.
FOR FURTHER INFORMATION CONTACT: Emily Gilbert, Fishery Policy Analyst,
(978) 281-9244.
SUPPLEMENTARY INFORMATION:
Background
The New England Fishery Management Council's Northeast Skate
Complex Fishery Management Plan (FMP) manages a complex of seven skate
species (barndoor, clearnose, little,
[[Page 4374]]
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 possession and
landing 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 * -----------------------------------------------------------------------------------------------------------------------
Skate wings Whole skates Barndoor ** skate wings Whole barndoor ** skates
--------------------------------------------------------------------------------------------------------------------------------------------------------
Northeast (NE) Multispecies, Season 1 (May 1- 2,600 lb, 1,179 kg....... 5,902 lb, 2,677 kg...... 650 lb,295 kg........... 1,476 lb,670 kg.
Scallop, or Monkfish Day-At- August 31).
Sea (DAS).
Season 2 4,100 lb,1,860kg......... 9,307 lb,4,222 kg....... 1,025 lb,465 kg......... 2,327 lb,1,056 kg.
(September 1-
April 30).
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 May 1-October 31 0........................ 25,000 lb,11,340 kg..... 0....................... 0.
of Authorization.
November 1-April 0........................ 12,000 lb,5,443 kg...... 0....................... 0.
30.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* 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 put into effect with several months
remaining in the fishing year. To address this issue for the bait
fishery, the Council developed and NMFS implemented Framework 4 in
March 2018 to better control the catch of skate bait throughout the
fishing year (83 FR 6133; February 13, 2018). Similarly, the Council
developed Framework 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. On November 27, 2018, we proposed
management modifications to implement Framework Adjustment 6 to the
Northeast Skate Complex Fishery Management Plan and revise the 2018-
2019 specifications (83 FR 60818).
Final Measures
This action adjusts 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 reduces this
buffer to 10 percent, resulting in an increase in the TALs for both the
wing and bait fisheries. Council analysis indicates that this revised
buffer will likely delay the need to implement the restrictive
incidental limit of 500 lb (227 kg) in the wing fishery until later
this spring. For the bait fishery, this buffer reduction is expected to
delay enacting the incidental limits 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. This
action also makes an administrative change to the accountability
measures regulation to be consistent with the uncertainty buffer
changes.
Revised 2018-2019 Specifications
The modification to the management uncertainty buffer results in
adjustments to the 2018-2019 specifications implemented through
Framework 5 (83 FR 48985; September 28, 2018). As a result, this action
implements the following revised 2018-2019 specifications (Table 2):
1. The acceptable biological catch (ABC) and ACL remains 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 will 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 will 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
1,494 mt can be rolled over to Season 2 in 2018. Given this, the Season
2 wing TAL in 2018 will be approximately 6,009 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 is 1,629 mt (30.8 percent); in Season
2 (August 1-October 31) the TAL is 1,962 mt (37.1 percent), and the
remainder (1,698 mt) is allocated to Season 3 (November 1-April 30). As
the 2018 fishing year started on May 1, the bait TALs will 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, NMFS will adjust the 2018 Season 3 bait TAL
accordingly. The 2018 Season 3 bait TAL will increase by 1,062 mt,
resulting in a final season 3 TAL of 2,760 mt.
[[Page 4375]]
Table 2--Comparison of the Framework 5 2018-2019 Specifications to the
Revised Framework 6 2018-2019 Values
[mt]
------------------------------------------------------------------------
Previous Revised
------------------------------------------------------------------------
ABC = ACL............................... 31,327 31,327
ACT..................................... 23,495 28,194
Wing Fishery TAL........................ 8,749 10,499
Bait Fishery TAL........................ 4,408 5,289
------------------------------------------------------------------------
The Council reviewed the Framework 6 regulations and deemed them
necessary and appropriate to implement consistent with section 303(c)
of the Magnuson-Stevens Conservation and Management Act.
Comments and Responses
We received nine public comments on the proposed rule, which we
have merged into three comments below.
Comment 1: The Sustainable Fisheries Association (SFA), the
Atlantic Offshore Lobstermen's Association, and one member of the
public offered support for this action. The SFA also requested that
this final rule be implemented as soon as possible to avoid an
unnecessary closure of the directed wing fishery based on the TALs
implemented through Framework 5.
Response: NMFS agrees and is implementing this rule as soon as
possible.
Comment 2: Four individuals and Shark Advocates International were
not supportive of the reduction in the uncertainty buffer due to
concerns over declining skate populations and inadequate fisheries
data.
Response: Based on the most recent assessment information, NMFS
disagrees that the skate species are depleted. With the exception of
thorny skate, the seven other skate species that make up the skate
complex are not overfished or experiencing overfishing. Thorny skates
are overfished, but overfishing is not occurring and retention and
landing of thorny skates is prohibited. This action is based on the
best available information and takes into account the status of these
stocks when determining appropriate management buffers and
specifications. The Council's analysis for Framework 6 indicated that
several sources of management uncertainty outlined in the 2010 action
that established the 75-percent buffer have been improved such that
revising the buffer is appropriate. The Council may adjust the
management uncertainty buffer in a future action if it is determined
that the buffer should be increased to respond to changes in available
data or skate stock status.
Comment 3: We received one additional letter from the New London
Seafood Distributors that made no comment on the proposed measures, but
requested that additional measures be considered. Specifically, the
organization is interested in adjusting seasonal possession limits and
allowing for a higher proportion of the TAL in Season 3.
Response: These suggestions are outside the scope of this action
but the Council may consider this information in a future action. New
specifications for fishing years 2020-2022 are expected to be developed
by the Council in 2019.
Changes From the Proposed Rule
There are no changes to the measures from the proposed rule.
Classification
The Administrator, Greater Atlantic Region, NMFS, determined that
Framework 6 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
law.
The Assistant Administrator for Fisheries, NOAA, finds that because
this rule relieves restrictions (i.e., increases the total allowable
landings available to the wing and bait fisheries to allow the
fisheries to continue uninterrupted), it is excepted from the 30-day
delay in effectiveness under 5 U.S.C. 533(d)(1). During the partial
government shutdown that began on December 21, 2018, the wing fishery
reached 91 percent of its current 2018 TAL, which is above the 85-
percent threshold for implementing the incidental possession limit that
would essentially close the directed wing fishery by reducing the
possession limit to 500 lb (227 kg). Because this action will increase
the 2018-2019 TAL by 20 percent, the possession limit threshold would
be extended to later in the fishing year. If the 30-day delay of
effectiveness is not waived, unnecessarily restrictive incidental
limits will need to be implemented and be in effect longer, putting
some vessels at a disadvantage. This would be contrary to the public
interest because it would undermine the intent of this rule to extend
the directed fishing time for both the skate wing and bait fisheries.
As a result, NMFS is waiving the requirement.
This final 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 during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: February 11, 2019.
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 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
[[Page 4376]]
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, revise the heading for paragraph (b) and paragraph
(b)(1) to read as follows:
Sec. 648.323 Accountability measures.
* * * * *
(b) ACL overages. (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. 2019-02382 Filed 2-14-19; 8:45 am]
BILLING CODE 3510-22-P
