Fisheries of the Northeastern United States; Northeast Skate Complex; Framework Adjustment 8 and 2020-2021 Specifications, 23240-23242 [2020-07805]
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Federal Register / Vol. 85, No. 81 / Monday, April 27, 2020 / Rules and Regulations
have enabled a final rule to be
published prior to May 1, 2020.
Avoiding a delay in effectiveness
beyond the May 1, 2020, start of the
fishing year prevents vessel owners
from incurring significant adverse
economic impacts. A delay in
implementing this rule would prevent
sector vessels from fishing for
groundfish until this rulemaking is
finalized and sector allocations are
made. This would cause major
disruption and would effectively shut
down the entire groundfish fishery
during the delay. Being prohibited from
fishing for up to 30 days would have a
significant adverse economic impact on
these vessels because vessels would be
prevented from fishing in a month when
sector vessels historically landed
approximately 10 percent of several
allocations, including Eastern GB cod
and GB winter flounder. Any delay
would have a significant adverse
economic impact on these vessels that
are already experiencing negative
economic impacts and hardships due to
the coronavirus pandemic. A delay
would result in substantial lost fishing
opportunities during a peak season for
groundfish vessels. Additionally, any
delay would diminish the intent of this
rule to provide flexibility in vessel
operations and maximum opportunity
to catch the fishery quota. For the
reasons outlined above, good cause
exists to waive the otherwise applicable
requirement to delay implementation of
this rule for a period of 30 days.
Additionally, sector exemptions grant
relief from restrictions, which provides
operational flexibility and efficiency,
and helps to avoid short-term adverse
economic impacts on NE multispecies
sector vessels. When operating under,
sector vessels are exempted from
common pool trip limits, DAS limits,
and seasonal closed areas. These
exemptions provide vessels with
flexibility in choosing when to fish, how
long to fish, what species to target, and
how much catch they may land. They
also relieve some gear restrictions,
reporting and monitoring requirements,
and provide access to additional fishing
grounds through the authorization of
exemptions from Northeast multispecies
regulations. This flexibility increases
efficiency and reduces costs for sector
vessels.
This action is exempt from the
procedures of Executive Order (E.O.)
12866.
This rule does not contain policies
with Federalism or ‘‘takings’’
implications as those terms are defined
in E.O. 13132 and E.O. 12630,
respectively.
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This interim final rule is exempt from
the procedures of the Regulatory
Flexibility Act because the rule is issued
without opportunity for prior notice and
opportunity for public comment.
[FR Doc. 2020–08399 Filed 4–24–20; 8:45 am]
including the EA and other supporting
documents for the action, are available
upon request from Thomas A. Nies,
Executive Director, New England
Fishery Management Council, 50 Water
Street, Newburyport, MA 01950. These
documents are also accessible via the
internet at www.nefmc.org.
FOR FURTHER INFORMATION CONTACT:
Cynthia Ferrio, Fishery Management
Specialist, (978) 281–9180.
SUPPLEMENTARY INFORMATION:
BILLING CODE 3510–22–P
Background
Authority: 16 U.S.C. 1801 et seq.
Dated: April 15, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 200408–0105]
RIN 0648–BJ46
Fisheries of the Northeastern United
States; Northeast Skate Complex;
Framework Adjustment 8 and 2020–
2021 Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS is implementing final
measures recommended by the New
England Fishery Management Council
in Framework Adjustment 8 to the
Northeast Skate Complex Fishery
Management Plan. This action specifies
skate catch limits for fishing years 2020
and 2021 and increases seasonal
possession limits for both the wing and
bait fisheries. This action is necessary to
establish skate specifications consistent
with the most recent scientific
information and the requirements of the
Magnuson-Stevens Fishery
Conservation and Management Act. The
intent of this action is to establish catch
limits for the skate fishery, while
providing operational flexibility to
fishery participants.
DATES: Effective on May 1, 2020.
ADDRESSES: The New England Fishery
Management Council prepared an
environmental assessment (EA) for
Northeast Skate Complex Framework
Adjustment 8 that describes the action
and other considered alternatives. The
EA provides an analysis of the
biological, economic, and social impacts
of the preferred measures and other
considered alternatives; a Regulatory
Impact Review; and economic analysis.
Copies of this framework adjustment,
SUMMARY:
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The New England Fishery
Management Council manages a
complex of seven skate species
(barndoor, clearnose, little, rosette,
smooth, thorny, and winter skate) off
the New England and mid-Atlantic
coasts through the Northeast Skate
Complex Fishery Management Plan
(FMP). The thorny skate stock is 16
years into a 25-year rebuilding plan, and
possession of the species remains
prohibited until the stock is rebuilt.
None of the six other skate stocks are
overfished or subject to overfishing.
Skates are harvested and managed
within two targeted fisheries, one for
food (the wing fishery) and one for bait
used in other fisheries (the bait fishery).
The FMP requires that the Council
annually review and establish catch and
possession limits for the skate fishery
through the specifications process for
up to two fishing years at a time. This
action implements increased quotas and
seasonal possession limits for both the
wing and bait skate fisheries in fishing
years 2020 and 2021. The current
specifications (84 FR 4373; February 15,
2019) end on April 30, 2020, and will
roll over in the event this rule is delayed
beyond that date.
The proposed rule for this action
published in the Federal Register on
February 5, 2020 (85 FR 6494), and
comments were accepted through March
6, 2020. We received eight comments
from the public, but no changes to the
final rule are necessary as a result of
those comments (see Comments and
Responses for additional detail).
Additional background information
regarding the development of these
specifications was provided in the
proposed rule and is not repeated here.
Final Action
We approve Skate Framework 8 and
the Council-recommended
specifications as outlined in our
proposed rule for this action (85 FR
6494). These 2020–2021 specifications
have higher fishery catch limits than
fishing year 2019, including a 4-percent
increase in acceptable biological catch
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Federal Register / Vol. 85, No. 81 / Monday, April 27, 2020 / Rules and Regulations
(ABC) to 32,715 metric tons (mt) and a
13-percent increase in the overall total
allowable landings (TAL) to 17,864 mt.
Each of the wing and bait fisheries’
TALs will also increase 13 percent from
2019. The final bait fishery TAL will be
5,984 mt, and the wing fishery TAL will
be 11,879 mt. These changes are
primarily in response to recent
decreases in dead discards and state
landings.
The fishing year for skates is from
May 1 to April 30. However, the
directed wing and bait fisheries are
managed in separate seasons to allow us
to more closely manage harvest. The
skate FMP regulations at 50 CFR
648.322 specify the allocation of skate
TAL to each fishery (33.5 percent to bait
and 66.5 percent to wing), and to each
season of the fishing year. In the wing
fishery, 57 percent of the wing TAL is
23241
allocated to Season 1 (May 1–August
31), and the rest to Season 2 (September
1–April 30). In the bait fishery, 30.8
percent is allocated to Season 1 (May 1–
July 31), 37.1 percent is allocated to
Season 2 (August 1–October 31), and the
remainder is given to Season 3
(November 1–April 30). Table 1 shows
the seasonal TALs for the wing and bait
fisheries under this action.
TABLE 1—SEASONAL TAL ALLOCATIONS FOR THE 2020–2021 SKATE WING AND BAIT FISHERIES
[In metric tons]
Wing Fishery .............................................
Season
Season
Season
Season
Season
Bait Fishery ...............................................
This action also increases seasonal
possession limits in both the wing and
bait fisheries to allow more flexibility to
harvest the additional quota. As
described in the proposed rule, the bait
fishery Season 3 possession limit will
increase in order to maintain the 25,000lb (11,340-kg) possession limit all year.
1
2
1
2
3
(May 1–August 31) ......................................................................................
(September 1–April 30) ...............................................................................
(May 1–July 31) ...........................................................................................
(August 1–October 31) ................................................................................
(November 1–April 30) ................................................................................
The wing fishery Season 1 possession
limit increases to 3,000 lb (1,361 kg),
and the Season 2 possession limit
increases to 5,000 lb (2,268 kg). The
barndoor skate possession limit in the
wing fishery would also increase to 750
lb (340 kg) in Season 1, and to 1,025 lb
(465 kg) in Season 2. All other
6,771
5,108
1,843
2,220
1,921
possession limits, including incidental
possession limits of 500 lb (227 kg) in
the wing fishery and 8,000 lb (3,629 kg)
in the bait fishery, remain unchanged.
Table 2 shows all of the possession
limits for the skate fishery upon
implementation of action.
TABLE 2—SKATE FISHERY POSSESSION LIMITS ** FOR FISHING YEARS 2020 AND 2021
Trip type
Season
Wing weight
Whole weight
Barndoor * wing
weight
Barndoor * whole
weight
Northeast (NE) Multispecies, Scallop, or
Monkfish Day-At-Sea
(DAS).
NE Multispecies B DAS
Non-DAS ........................
Skate Bait under Letter
of Authorization.
Season 1 .......................
Season 2 .......................
3,000 lb, 1,361 kg ..
5,000 lb, 2,268 kg ..
6,810 lb, 3,089 kg ......
11,350 lb, 5,148 kg ....
750 lb, 340 kg ........
1,250 lb, 465 kg .....
1,703 lb, 772 kg.
2,838 lb, 1,287 kg.
All Year ..........................
All Year ..........................
All Year ..........................
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.
* Barndoor skate possession limits are within the overall skate possession limit for each trip, not in addition to it.
** Possession limits may be modified in-season in order to prevent catch from exceeding quotas.
The Council will review these
specifications for 2021 to determine if
any changes need to be made prior to
the 2021 fishing year. NMFS will
publish a notice prior to the May 1,
2021, start of the 2021 fishing year to
confirm or announce any necessary
changes.
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Comments and Responses
The public comment period for the
proposed rule ended on March 6, 2020,
and eight comments were received from
the public. Five commenters supported
the action, noting the potential to
decrease discards with increased
possession limits, and the benefit of
higher quotas to industry as long as the
stocks remain healthy. NMFS agrees,
and these are the primary reasons for
increasing the quotas and limits in this
action. One member of the public
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submitted two comments. One comment
stated that he was a skate bait fisherman
and did not want any changes to the
fishery, and the second comment added
that he would like a change to allow
vessels to keep wings as bycatch on a
bait trip, but not the changes proposed
by this action. NMFS understands the
commenter’s concern for change, but
this action was developed to provide the
highest expected benefit to both the
wing and bait skate fisheries. This
action does not address incidental or
bycatch limits of other fisheries in the
bait or wing fisheries, although the
Council could consider this in a future
framework action. This action increases
the bait fishery Season 3 possession
limit to 25,000 lb (11,340 kg), that
season’s limit prior to Framework
Adjustment 4 in 2018 (83 FR 6133;
February 13, 2018).
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The final commenter claimed that this
action was promoting overfishing and
overexploitation of the skate resource at
the expense of the other species that
prey on skates. The commenter
requested that the total take for skates be
reduced to 10 mt. The commenter
presented no rationale or evidence
supporting these claims. This action is
based on the best available science,
including a 2019 stock assessment
update and Northeast Fisheries Science
Center trawl survey data through spring
2019. It was developed to prevent
overfishing and maintain healthy skate
stocks while allowing the fishery to
achieve optimum yield. No changes
were made to the proposed rule as a
result of these comments.
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Federal Register / Vol. 85, No. 81 / Monday, April 27, 2020 / Rules and Regulations
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Changes From the Proposed Rule
NMFS has not made any changes to
the proposed regulatory text, and there
are no substantive changes from the
proposed rule.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson Stevens Fishery Conservation
and Management Act (MagnusonStevens Act), the NMFS Administrator,
Greater Atlantic Region, has determined
that this final rule is necessary and
consistent with the Northeast Skate
Complex FMP, other provisions of the
Magnuson-Stevens Act, and other
applicable law.
The Council reviewed the Framework
8 regulations and deemed them
necessary and appropriate to implement
consistent with section 303(c) of the
Magnuson-Stevens Act.
This action relieves a restriction by
increasing catch and possession limits
in the skate fishery, and is therefore not
subject to the 30-day delayed
effectiveness provision of the APA
pursuant to 5 U.S.C. 553(d)(1). This
final rule increases the annual TALs for
both the skate wing and bait fisheries by
13 percent, and increases seasonal
possession limits in both fisheries.
These increases are intended to provide
additional flexibility and economic
opportunity for the skate fishing
industry. The 2020 fishing year begins
on May 1, 2020. If the 30-day delayed
effectiveness period postpones the
implementation of these measures
beyond the May 1 start of the fishing
year, the unnecessarily restrictive, lower
2019 catch limits will roll over into the
beginning of 2020. This would be
contrary to the public interest as it
could create confusion and potential
economic harm to the skate fisheries
through lost opportunity under the
lower catch limits at the beginning of
the fishing year. Furthermore, this
action does not require any additional
time to come into compliance with this
rule. Unlike actions that require an
adjustment period, skate fishing vessels
will not have to purchase new
equipment or otherwise expend time or
money to comply with these
management measures. Therefore,
NMFS also finds good cause not to
delay this final rule’s effectiveness,
consistent with 5 U.S.C. 553(d)(3); and
to implement these measures on May 1,
2020 for the 2020 fishing year.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
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This final rule is considered an
Executive Order 13771 deregulatory
action. To determine the cost savings
associated with this rule, the estimated
revenue from the increased possession
limits were compared to that of the No
Action alternative (see ADDRESSES to
locate the EA for more detailed
information on the estimated revenue
and alternatives). Based on a simulation
using 2018 fishery data, this action is
expected to increase skate wing fishery
revenues by 4.65 percent ($250,329),
and skate bait fishery revenues by 6.6
percent ($72,020), for a total net
increase of $322,349. This action also
increases the TAL by 13 percent,
reducing the likelihood that a quota
trigger will be reached and reduce
possession to the incidental limit in
either the wing or bait fishery. This
increases economic opportunity and
flexibility, but is difficult to quantify.
Therefore, the total estimated net cost
savings is $322,349 in 2018 dollars, and
the annualized savings to perpetuity is
$0.29 million per year in 2016 dollars.
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, and the initial
certification remains unchanged. As a
result, a final regulatory flexibility
analysis is not required and none has
been prepared.
This action does not contain a
collection of information requirement
for the purposes of the Paperwork
Reduction Act.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: April 8, 2020.
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:
■
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Authority: 16 U.S.C. 1801 et seq.
2. In § 648.322, revise paragraphs
(b)(1)(i) and (ii) and (c)(3) to read as
follows:
■
§ 648.322 Skate allocation, possession,
and landing provisions.
*
*
*
*
*
(b) * * *
(1) * * *
(i) A vessel or operator of a vessel that
has been issued a valid Federal skate
permit under this part, and fishes under
an Atlantic sea scallop, NE
multispecies, or monkfish DAS as
specified at §§ 648.53, 648.82, and
648.92, respectively, unless otherwise
exempted under § 648.80 or paragraph
(c) of this section, may fish for, possess,
and/or land up to the allowable trip
limits specified as follows: Up to 3,000
lb (1,361 kg) of skate wings (6,810 lb
(3,089 kg) whole weight) per trip in
Season 1 (May 1 through August 31),
and 5,000 lb (2,268 kg) of skate wings
(11,350 lb (5,148 kg) whole weight) per
trip in Season 2 (September 1 through
April 30), or any prorated combination
of the allowable landing forms defined
at paragraph (b)(5) of this section.
(ii) When fishing under the
possession limits specified in paragraph
(b)(1)(i) of this section, a vessel is
allowed to possess and land up to 750
lb (340 kg) of barndoor skate wings
(1,702 lb (772 kg) whole weight) per trip
in Season 1, and 1,250 lb (567 kg) of
barndoor skate wings (2,837 lb (1,287
kg) whole weight) per trip in Season 2.
The possession limits for barndoor skate
wings are included within the overall
possession limit (i.e., total pounds of
skate wings on board, including
barndoor skate wings, are not allowed to
exceed 3,000 lb (1,361 kg) in Season 1
and 5,000 lb (2,268 kg) in Season 2).
Vessels are prohibited from discarding
any skate wings when in possession of
barndoor skate wings. Barndoor skate
wings and carcasses on board a vessel
subject to this possession limit must be
separated from other species of fish and
stored so as to be readily available for
inspection.
*
*
*
*
*
(c) * * *
(3) The vessel owner or operator
possesses or lands no more than 25,000
lb (11,340 kg) of whole skates per trip.
*
*
*
*
*
[FR Doc. 2020–07805 Filed 4–24–20; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 85, Number 81 (Monday, April 27, 2020)]
[Rules and Regulations]
[Pages 23240-23242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07805]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 200408-0105]
RIN 0648-BJ46
Fisheries of the Northeastern United States; Northeast Skate
Complex; Framework Adjustment 8 and 2020-2021 Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is implementing final measures recommended by the New
England Fishery Management Council in Framework Adjustment 8 to the
Northeast Skate Complex Fishery Management Plan. This action specifies
skate catch limits for fishing years 2020 and 2021 and increases
seasonal possession limits for both the wing and bait fisheries. This
action is necessary to establish skate specifications consistent with
the most recent scientific information and the requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The intent of
this action is to establish catch limits for the skate fishery, while
providing operational flexibility to fishery participants.
DATES: Effective on May 1, 2020.
ADDRESSES: The New England Fishery Management Council prepared an
environmental assessment (EA) for Northeast Skate Complex Framework
Adjustment 8 that describes the action and other considered
alternatives. The EA provides an analysis of the biological, economic,
and social impacts of the preferred measures and other considered
alternatives; a Regulatory Impact Review; and economic analysis. Copies
of this framework adjustment, including the EA and other supporting
documents for the action, are available upon request from Thomas A.
Nies, Executive Director, New England Fishery Management Council, 50
Water Street, Newburyport, MA 01950. These documents are also
accessible via the internet at www.nefmc.org.
FOR FURTHER INFORMATION CONTACT: Cynthia Ferrio, Fishery Management
Specialist, (978) 281-9180.
SUPPLEMENTARY INFORMATION:
Background
The New England Fishery Management Council manages a complex of
seven skate species (barndoor, clearnose, little, rosette, smooth,
thorny, and winter skate) off the New England and mid-Atlantic coasts
through the Northeast Skate Complex Fishery Management Plan (FMP). The
thorny skate stock is 16 years into a 25-year rebuilding plan, and
possession of the species remains prohibited until the stock is
rebuilt. None of the six other skate stocks are overfished or subject
to overfishing. Skates are harvested and managed within two targeted
fisheries, one for food (the wing fishery) and one for bait used in
other fisheries (the bait fishery). The FMP requires that the Council
annually review and establish catch and possession limits for the skate
fishery through the specifications process for up to two fishing years
at a time. This action implements increased quotas and seasonal
possession limits for both the wing and bait skate fisheries in fishing
years 2020 and 2021. The current specifications (84 FR 4373; February
15, 2019) end on April 30, 2020, and will roll over in the event this
rule is delayed beyond that date.
The proposed rule for this action published in the Federal Register
on February 5, 2020 (85 FR 6494), and comments were accepted through
March 6, 2020. We received eight comments from the public, but no
changes to the final rule are necessary as a result of those comments
(see Comments and Responses for additional detail). Additional
background information regarding the development of these
specifications was provided in the proposed rule and is not repeated
here.
Final Action
We approve Skate Framework 8 and the Council-recommended
specifications as outlined in our proposed rule for this action (85 FR
6494). These 2020-2021 specifications have higher fishery catch limits
than fishing year 2019, including a 4-percent increase in acceptable
biological catch
[[Page 23241]]
(ABC) to 32,715 metric tons (mt) and a 13-percent increase in the
overall total allowable landings (TAL) to 17,864 mt. Each of the wing
and bait fisheries' TALs will also increase 13 percent from 2019. The
final bait fishery TAL will be 5,984 mt, and the wing fishery TAL will
be 11,879 mt. These changes are primarily in response to recent
decreases in dead discards and state landings.
The fishing year for skates is from May 1 to April 30. However, the
directed wing and bait fisheries are managed in separate seasons to
allow us to more closely manage harvest. The skate FMP regulations at
50 CFR 648.322 specify the allocation of skate TAL to each fishery
(33.5 percent to bait and 66.5 percent to wing), and to each season of
the fishing year. In the wing fishery, 57 percent of the wing TAL is
allocated to Season 1 (May 1-August 31), and the rest to Season 2
(September 1-April 30). In the bait fishery, 30.8 percent is allocated
to Season 1 (May 1-July 31), 37.1 percent is allocated to Season 2
(August 1-October 31), and the remainder is given to Season 3 (November
1-April 30). Table 1 shows the seasonal TALs for the wing and bait
fisheries under this action.
Table 1--Seasonal TAL Allocations for the 2020-2021 Skate Wing and Bait
Fisheries
[In metric tons]
------------------------------------------------------------------------
------------------------------------------------------------------------
Wing Fishery................... Season 1 (May 1-August 6,771
31).
Season 2 (September 1- 5,108
April 30).
Bait Fishery................... Season 1 (May 1-July 1,843
31).
Season 2 (August 1- 2,220
October 31).
Season 3 (November 1- 1,921
April 30).
------------------------------------------------------------------------
This action also increases seasonal possession limits in both the
wing and bait fisheries to allow more flexibility to harvest the
additional quota. As described in the proposed rule, the bait fishery
Season 3 possession limit will increase in order to maintain the
25,000-lb (11,340-kg) possession limit all year. The wing fishery
Season 1 possession limit increases to 3,000 lb (1,361 kg), and the
Season 2 possession limit increases to 5,000 lb (2,268 kg). The
barndoor skate possession limit in the wing fishery would also increase
to 750 lb (340 kg) in Season 1, and to 1,025 lb (465 kg) in Season 2.
All other possession limits, including incidental possession limits of
500 lb (227 kg) in the wing fishery and 8,000 lb (3,629 kg) in the bait
fishery, remain unchanged. Table 2 shows all of the possession limits
for the skate fishery upon implementation of action.
Table 2--Skate Fishery Possession Limits ** for Fishing Years 2020 and 2021
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trip type Season Wing weight Whole weight Barndoor * wing weight Barndoor * whole weight
--------------------------------------------------------------------------------------------------------------------------------------------------------
Northeast (NE) Multispecies, Season 1....... 3,000 lb, 1,361 kg...... 6,810 lb, 3,089 kg......... 750 lb, 340 kg.......... 1,703 lb, 772 kg.
Scallop, or Monkfish Day-At- Season 2....... 5,000 lb, 2,268 kg...... 11,350 lb, 5,148 kg........ 1,250 lb, 465 kg........ 2,838 lb, 1,287 kg.
Sea (DAS).
NE Multispecies B DAS....... All Year....... 220 lb, 100 kg.......... 500 lb, 227 kg............. 0....................... 0.
Non-DAS..................... All Year....... 500 lb, 227 kg.......... 1,135 lb, 515 kg........... 0....................... 0.
Skate Bait under Letter of All Year....... 0....................... 25,000 lb, 11,340 kg....... 0....................... 0.
Authorization.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Barndoor skate possession limits are within the overall skate possession limit for each trip, not in addition to it.
** Possession limits may be modified in-season in order to prevent catch from exceeding quotas.
The Council will review these specifications for 2021 to determine
if any changes need to be made prior to the 2021 fishing year. NMFS
will publish a notice prior to the May 1, 2021, start of the 2021
fishing year to confirm or announce any necessary changes.
Comments and Responses
The public comment period for the proposed rule ended on March 6,
2020, and eight comments were received from the public. Five commenters
supported the action, noting the potential to decrease discards with
increased possession limits, and the benefit of higher quotas to
industry as long as the stocks remain healthy. NMFS agrees, and these
are the primary reasons for increasing the quotas and limits in this
action. One member of the public submitted two comments. One comment
stated that he was a skate bait fisherman and did not want any changes
to the fishery, and the second comment added that he would like a
change to allow vessels to keep wings as bycatch on a bait trip, but
not the changes proposed by this action. NMFS understands the
commenter's concern for change, but this action was developed to
provide the highest expected benefit to both the wing and bait skate
fisheries. This action does not address incidental or bycatch limits of
other fisheries in the bait or wing fisheries, although the Council
could consider this in a future framework action. This action increases
the bait fishery Season 3 possession limit to 25,000 lb (11,340 kg),
that season's limit prior to Framework Adjustment 4 in 2018 (83 FR
6133; February 13, 2018).
The final commenter claimed that this action was promoting
overfishing and overexploitation of the skate resource at the expense
of the other species that prey on skates. The commenter requested that
the total take for skates be reduced to 10 mt. The commenter presented
no rationale or evidence supporting these claims. This action is based
on the best available science, including a 2019 stock assessment update
and Northeast Fisheries Science Center trawl survey data through spring
2019. It was developed to prevent overfishing and maintain healthy
skate stocks while allowing the fishery to achieve optimum yield. No
changes were made to the proposed rule as a result of these comments.
[[Page 23242]]
Changes From the Proposed Rule
NMFS has not made any changes to the proposed regulatory text, and
there are no substantive changes from the proposed rule.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), the NMFS
Administrator, Greater Atlantic Region, has determined that this final
rule is necessary and consistent with the Northeast Skate Complex FMP,
other provisions of the Magnuson-Stevens Act, and other applicable law.
The Council reviewed the Framework 8 regulations and deemed them
necessary and appropriate to implement consistent with section 303(c)
of the Magnuson-Stevens Act.
This action relieves a restriction by increasing catch and
possession limits in the skate fishery, and is therefore not subject to
the 30-day delayed effectiveness provision of the APA pursuant to 5
U.S.C. 553(d)(1). This final rule increases the annual TALs for both
the skate wing and bait fisheries by 13 percent, and increases seasonal
possession limits in both fisheries. These increases are intended to
provide additional flexibility and economic opportunity for the skate
fishing industry. The 2020 fishing year begins on May 1, 2020. If the
30-day delayed effectiveness period postpones the implementation of
these measures beyond the May 1 start of the fishing year, the
unnecessarily restrictive, lower 2019 catch limits will roll over into
the beginning of 2020. This would be contrary to the public interest as
it could create confusion and potential economic harm to the skate
fisheries through lost opportunity under the lower catch limits at the
beginning of the fishing year. Furthermore, this action does not
require any additional time to come into compliance with this rule.
Unlike actions that require an adjustment period, skate fishing vessels
will not have to purchase new equipment or otherwise expend time or
money to comply with these management measures. Therefore, NMFS also
finds good cause not to delay this final rule's effectiveness,
consistent with 5 U.S.C. 553(d)(3); and to implement these measures on
May 1, 2020 for the 2020 fishing year.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
This final rule is considered an Executive Order 13771 deregulatory
action. To determine the cost savings associated with this rule, the
estimated revenue from the increased possession limits were compared to
that of the No Action alternative (see ADDRESSES to locate the EA for
more detailed information on the estimated revenue and alternatives).
Based on a simulation using 2018 fishery data, this action is expected
to increase skate wing fishery revenues by 4.65 percent ($250,329), and
skate bait fishery revenues by 6.6 percent ($72,020), for a total net
increase of $322,349. This action also increases the TAL by 13 percent,
reducing the likelihood that a quota trigger will be reached and reduce
possession to the incidental limit in either the wing or bait fishery.
This increases economic opportunity and flexibility, but is difficult
to quantify. Therefore, the total estimated net cost savings is
$322,349 in 2018 dollars, and the annualized savings to perpetuity is
$0.29 million per year in 2016 dollars.
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, and the initial certification remains
unchanged. As a result, a final regulatory flexibility analysis is not
required and none has been prepared.
This action does not contain a collection of information
requirement for the purposes of the Paperwork Reduction Act.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: April 8, 2020.
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. 648.322, revise paragraphs (b)(1)(i) and (ii) and (c)(3) to
read as follows:
Sec. 648.322 Skate allocation, possession, and landing provisions.
* * * * *
(b) * * *
(1) * * *
(i) A vessel or operator of a vessel that has been issued a valid
Federal skate permit under this part, and fishes under an Atlantic sea
scallop, NE multispecies, or monkfish DAS as specified at Sec. Sec.
648.53, 648.82, and 648.92, respectively, unless otherwise exempted
under Sec. 648.80 or paragraph (c) of this section, may fish for,
possess, and/or land up to the allowable trip limits specified as
follows: Up to 3,000 lb (1,361 kg) of skate wings (6,810 lb (3,089 kg)
whole weight) per trip in Season 1 (May 1 through August 31), and 5,000
lb (2,268 kg) of skate wings (11,350 lb (5,148 kg) whole weight) per
trip in Season 2 (September 1 through April 30), or any prorated
combination of the allowable landing forms defined at paragraph (b)(5)
of this section.
(ii) When fishing under the possession limits specified in
paragraph (b)(1)(i) of this section, a vessel is allowed to possess and
land up to 750 lb (340 kg) of barndoor skate wings (1,702 lb (772 kg)
whole weight) per trip in Season 1, and 1,250 lb (567 kg) of barndoor
skate wings (2,837 lb (1,287 kg) whole weight) per trip in Season 2.
The possession limits for barndoor skate wings are included within the
overall possession limit (i.e., total pounds of skate wings on board,
including barndoor skate wings, are not allowed to exceed 3,000 lb
(1,361 kg) in Season 1 and 5,000 lb (2,268 kg) in Season 2). Vessels
are prohibited from discarding any skate wings when in possession of
barndoor skate wings. Barndoor skate wings and carcasses on board a
vessel subject to this possession limit must be separated from other
species of fish and stored so as to be readily available for
inspection.
* * * * *
(c) * * *
(3) The vessel owner or operator possesses or lands no more than
25,000 lb (11,340 kg) of whole skates per trip.
* * * * *
[FR Doc. 2020-07805 Filed 4-24-20; 8:45 am]
BILLING CODE 3510-22-P
