Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Skate Complex; Framework Adjustment 12, 58076-58079 [2024-15720]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 89, Number 137 (Wednesday, July 17, 2024)]
[Rules and Regulations]
[Pages 58076-58079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15720]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 240711-0189]
RIN 0648-BM96


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast 
Skate Complex; Framework Adjustment 12

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: This action implements approved measures for Framework 
Adjustment 12 to the Northeast Skate Complex Fishery Management Plan 
(Northeast Skate Complex FMP), which was developed by the New England 
Fishery Management Council (Council). This action specifies skate catch 
limits for fishing years 2024 and 2025, increases seasonal trip limits 
for the wing fishery, removes possession restrictions for barndoor 
skate in the wing fishery, and removes possession restrictions for 
smooth skate in both the wing and bait fisheries. This action is 
necessary to establish skate specifications consistent with the most 
recent scientific information. The intent of this action is to 
establish appropriate catch limits for the skate fishery, while 
providing additional operational flexibility to fishery participants.

DATES: Effective on July 17, 2024.

ADDRESSES: The Council prepared an environmental assessment (EA) for 
Northeast Skate Complex Framework Adjustment 12 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 an economic analysis. Copies of Framework 12, including the EA and 
other supporting documents are available upon request from Dr. Cate 
O'Keefe, Executive Director, New England Fishery Management Council, 50 
Water Street, Newburyport, MA 01950 and accessible via the internet in 
documents available at: https://www.nefmc.org/library/skate-framework-12.

FOR FURTHER INFORMATION CONTACT: Laura Deighan, Fishery Policy Analyst, 
(978) 281-9184.

SUPPLEMENTARY INFORMATION: 

Background

    The Council manages a complex of seven skate species (i.e., 
barndoor, clearnose, little, rosette, smooth, thorny, and winter) off 
the New England and mid-Atlantic coasts through the Northeast Skate 
Complex FMP. Skates are harvested and managed through two different 
targeted fisheries: (1) food (i.e., the wing fishery); and (2) bait in 
other fisheries (i.e., the bait fishery). The Northeast Skate Complex 
FMP requires that annual catch and possession limits for the skate 
fishery be reviewed annually and specified through the specifications 
process for up to two fishing years at a time, with the second year 
subject to review and change during the specifications process. The 
specifications for fishing year 2023 (revised March 17, 2022, 87 FR 
15146) have remained in effect through a rollover provision in the 
regulations but are now superseded through the implementation of this 
final rule.
    In the fall of 2023, the Northeast Skate Complex FMP underwent a 
level-3 management track assessment that re-estimated commercial 
fishery catch data, updated survey biomass indices, added recreational 
catch to total catch, and updated reference points. The assessment also 
included projections of total fishery catch of skates for 2024 and 
2025. The Council took final action on this framework at its December 
2023 meeting in Newport, RI.
    NMFS published a proposed rule for this action (89 FR 45621, May 
23, 2024) that discussed the proposed measures in detail and included 
proposed implementing regulations deemed necessary by the Council. 
Under the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act) and the Skate Fishery Management Plan 
regulations, NMFS may approve, disapprove, or partially approve 
measures that the Council proposes, based on consistency with the 
Magnuson-Stevens Act and other applicable law.
    NMFS is partially approving Framework 12 and disapproving the 
Council's recommendation to remove barndoor skate possession 
restrictions for the bait skate fishery due to new discard information 
that needs further evaluation and consideration. Additional background 
information regarding the development of these specifications was 
provided in the proposed rule and is not repeated here.

Approved Measures

    Framework 12 sets management measures and specifications for the 
skate fishery for the 2024 fishing year and projected specifications 
for the 2025 fishing year. The measures in this action decrease the 
annual catch limit to 32,155 metric tons (mt) (from 37,236 mt in 2023) 
and the overall total allowable landings to 15,718 mt (from 21,142 mt 
in 2023). Table 1 summarizes the 2024-2025 specifications. 
Specifications for fishing year 2025 are projected to be the same as 
those for 2024. Framework 12 specifications result in a 26-percent 
decrease in both the bait and wing fisheries' total allowable landings. 
Although quotas are decreasing, they remain higher than landings in the 
bait and wing fisheries for at least the last three years; therefore, 
NMFS does not expect the quotas to be restrictive to the fishery or to 
result in reductions in overall revenue. The Council will review the 
projected 2025 specifications to determine if any changes need to be 
made prior to the 2025 fishing year. NMFS will publish a notice prior 
to the 2025 fishing year to confirm these limits as projected or 
publish a proposed rule for any necessary changes.

[[Page 58077]]



             Table 1--2024-2025 Skate Fishery Specifications
                            [In metric tons]
------------------------------------------------------------------------
                                                              2024-25
------------------------------------------------------------------------
Acceptable Biological Catch (ABC) and Annual Catch Limit          32,155
 (ACL)..................................................
Annual Catch Target (ACT) (90% of ACL)..................          28,940
Overall Fishery Total Allowable Landings (TAL)..........          15,718
Wing TAL (66.5% of Overall TAL).........................          10,453
Wing Season 1 TAL (57% of Wing TAL).....................           5,958
Wing Season 2 TAL.......................................           4,495
Bait TAL (33.5% of Overall TAL).........................           5,266
Bait Season 1 TAL (30.8% of Bait TAL)...................           1,622
Bait Season 2 TAL (37.1% of Bait TAL)...................           1,954
Bait Season 3 TAL.......................................           1,690
------------------------------------------------------------------------

    This action also increases the seasonal skate wing per-trip 
possession limits when fishing on a day-at-sea (DAS) by 1,000 pounds 
(lb) (453.6 kilograms (kg)). The wing fishery possession limit in 
Season 1 (May 1-August 31) increases from 3,000 lb to 4,000 lb (1,360.8 
kg to 1,814.4 kg), and the Season 2 (September 1-April 30) wing fishery 
possession limit increases from 5,000 lb to 6,000 lb (2,268 kg to 
2,721.6 kg). This action also increases the incidental skate wing 
possession limits by 25 percent. For trips fishing on a Northeast 
multispecies B-DAS, the possession limit increases from 220 lb to 275 
lb (99.8 kg to 124.7 kg), and for trips not fishing on a DAS, the 
possession limit increases from 500 lb to 625 lb (226.8 kg to 283.5 
kg). The intent behind increased possession limits is to reduce 
operational discards in the fishery and provide better economic 
flexibility and opportunity to vessels. This trip limit increase is not 
expected to result in overages or increased effort because the Regional 
Administrator has the authority to reduce the possession limits to an 
incidental catch limit level when 85 percent of the quota is projected 
to be landed.
    This action further reintegrates barndoor skate into the skate 
complex by removing the barndoor skate possession restrictions for the 
wing fishery. The possession restriction limited possession of barndoor 
skates to 25 percent, by weight, of the trip limit when fishing under a 
DAS and prohibited possession of barndoor skate for vessels fishing 
under a multispecies B-DAS or not on a DAS in the wing fishery. The 
possession limit was implemented to prevent high grading of catch in 
the wing fishery, which primarily lands winter and barndoor skates. 
NMFS declared barndoor skate rebuilt in 2016. There is not a known 
price difference between barndoor and winter skate, and the removal of 
the barndoor possession restriction in the wing fishery is not expected 
to result in high grading.
    Additionally, this action fully re-integrates smooth skates into 
the skate complex by removing smooth skate possession restrictions for 
both the wing and bait fisheries. NMFS declared smooth skates rebuilt 
in 2018. Accordingly, the need to manage smooth skates as an individual 
stock is no longer warranted. Smooth skate will be managed as a 
component of the skate complex, as intended when the Northeast Skate 
Complex FMP was developed.

Disapproved Measures

    After the publication of the proposed rule and receipt of the final 
EA, an error in the data regarding barndoor skate discards was 
identified. As a result, discard data for the bait fishery no longer 
supports a decision to approve the removal of the barndoor skate 
possession restriction in the bait fishery at this time. The bait 
fishery is allowed to land skates with maximum fish size of 23 inches 
(58.42 cm), which is well under the size at which barndoor skates are 
considered sexually mature (107.9 cm and 116.3 cm for males and 
females, respectively). Data included in the EA indicated that barndoor 
skates were discarded on only 0.7-percent of observed trips from 2018 
to 2022, and none of the discards were below 23 inches (58.42 cm). At 
the time, this suggested that removing the prohibition on retaining 
barndoor skates in the bait fishery would have negligible impacts on 
the barndoor skate resource. The corrected data indicate that the 
amount of barndoor skate discarded on trips under Skate Bait Letters of 
Authorization was higher than the amount described in the EA and 
considered by the Council when recommending the removal of the barndoor 
skate possession restriction for both the bait and wing fisheries.
    The corrected data indicate that barndoor skate was discarded on 
approximately 33.6 percent of observed bait trips and approximately 
68.7 percent of those discards were below the maximum size. Juvenile 
barndoor skate mortality could increase if these discards are converted 
to landings due to removing the bait fishery's barndoor skate 
possession restriction. Therefore, allowing barndoor skates under 23 
inches (58.42 cm) to be landed in the bait fishery would increase 
mortality of juvenile barndoor skate if these discards are converted to 
landings. Given the potential increase in juvenile barndoor skate 
mortality, additional analysis is required before determining whether 
the removal of the barndoor skate possession restriction is supported 
for the bait fishery. Based on this, the removal of the barndoor skate 
possession restriction for the bait fishery is disapproved. As a 
result, the current regulations at 50 CFR 648.14(v)(2)(ii) and Sec.  
648.322(g)(2) that prohibit possession of barndoor skate when fishing 
under a Skate Bait Letter of Authorization remain in effect, but will 
be updated to reflect the approved measure removing the barndoor skate 
possession restrictions for the wing fishery.
    The Council will be notified of the decision to disapprove the 
removal of the barndoor skate possession restriction for the bait 
fishery, consistent with regulations at Sec.  648.321(a)(5). The 
Council may reconsider this measure in a future action following a 
review of the corrected discard data and the potential impacts on 
juvenile barndoor skates. If the Council reconsiders this measure, the 
public will have additional opportunities to comment on the potential 
for removing the restriction on retaining barndoor skate in the bait 
fishery through the Council and rulemaking processes.

Comments and Responses

    The public comment period for the proposed rule ended on June 24, 
2024, and two comments were received from

[[Page 58078]]

the public. No changes to the final rule are necessary as a result of 
those comments. One of the comments focused on wind development and 
whales, is not germane to this action, and is not addressed further.
    NMFS received one comment from an industry participant in favor of 
increased possession limits and more dynamic management with possession 
limits updated throughout the year. No changes were made to the final 
rule as a result of this comment because the final rule includes 
increased possession limits for the wing fishery and the possession 
limits and other management measures are reviewed annually to allow 
consideration of the most recent information and ensure decisions are 
made with the best scientific information available. Information on the 
skate stocks and fishery performance is updated annually to include the 
most recent landings and annual survey data.

Changes From the Proposed Rule

    This final rule includes one change and two corrections from the 
proposed rule. The proposed rule would have authorized landing 
juveniles barndoor skates in the bait fishery; however, for the reasons 
explained above (see Disapproved Measures), we are disapproving that 
proposed measure.
    Although the correct 2024-2025 TAL of 15,718 mt was provided in 
table 1 in the proposed rule, the text description included the TAL as 
15,178 mt. This final rule corrects the text description of the TAL. 
The proposed rule also described the number of regulated entities as 
businesses that owned federally permitted skate vessels with skate 
landings in 2022. However, all vessels with a Federal skate permit are 
regulated under the Northeast Skate Complex FMP, regardless of skate 
landings. This increases the number of regulated entities from 149 
businesses owning 244 vessels to 1,332 businesses owning 1,980 vessels. 
Of these, 154 are for-hire businesses and 11 are classified as large 
entities per the Small Business Administration guidelines. The economic 
analysis in the final EA has been updated to reflect this correction. 
The change to the number of regulated entities does not change the 
economic impact overall or on small businesses or the certification of 
the rule under the Regulatory Flexibility Act.

Classification

    Pursuant to sections 304(b)(1)(A) and 305(d) of the Magnuson-
Stevens Act, the NMFS Assistant Administrator has determined that, with 
the exception of the barndoor skate possession restriction disapproved 
pursuant to section 304(b)(1)(B), this rule is consistent with the 
Northeast Skate Complex FMP, other provisions of the Magnuson-Stevens 
Act, and other applicable law.
    There is a need to implement these measures in a timely manner to 
ensure that these updated specifications and possession restrictions 
are in place as soon after the start of the 2024 skate fishing year as 
possible. In addition, this action relieves restrictions pursuant to 5 
U.S.C. 553(d)(1) by (1) increasing the per-trip possession limits for 
the wing fishery by 1,000 lb (453.6 kilograms (kg) when fishing on a 
DAS and by 25-percent when fishing on a multispecies B-DAS or not 
fishing on a DAS and (2) removing possession restrictions for two 
stocks (i.e., barndoor and smooth skate) for the wing fishery and one 
stock (i.e., smooth skate) for the bait fishery. Barndoor skate 
possession, which was limited to 25 percent, by weight, of the trip 
limit when fishing under a DAS and prohibited when fishing under a 
multispecies B-DAS or not on a DAS in the wing fishery, would be 
allowed on all wing trips. Possession of smooth skate, which was 
previously prohibited in the Gulf of Maine Regulated Mesh Area, would 
be allowed on all skate trips. Fishermen would continue to be 
restricted to the lower possession limits in the wing fishery, 
restricted to the lower barndoor possession limits on a DAS wing trip 
and prohibited from possessing barndoor and smooth skate on certain 
trips, as described above, if the 30-day delay were in place. 
Therefore, the exception under 5 U.S.C. 553(d)(1) applies to this 
action.
    There is also a sufficient showing under the authority contained in 
5 U.S.C. 553(d)(3), to waive the 30-day delay in effective date of this 
action for good cause. The 2024 fishing year began on May 1, 2024, and 
the 2023 specifications have remained in place through a rollover 
provision in the regulations. This action establishes the final 2024 
and projected 2025 specifications (i.e., annual catch limits), 
increases possession limits in the wing fishery, and removes barndoor 
skate possession restrictions for the wing fishery and smooth skate 
possession restrictions for the wing and bait fisheries. A delay in 
effectiveness would be contrary to the public interest as the updated 
specifications reflect the best available science, and the increased 
possession limits and removal of barndoor skate possession restriction 
for the wing fishery and smooth skate possession restriction for the 
wing and bait fisheries are intended to give greater flexibility to 
industry participants and to convert discards to landings. NMFS could 
not have promulgated this rule sooner due to a necessary revision to 
the economic analysis to ensure communication of the best available 
data within data confidentiality requirements.
    Furthermore, requiring a 30-day delay before the final rule becomes 
effective does not provide any benefit to the regulated parties, as no 
additional time is required 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. Rather, complying with 
this final rule simply means adhering to the new catch limits and 
increased possession limits and restrictions for the fishing year. For 
these reasons, a 30-day delay in effectiveness would be contrary to the 
public interest. As a result, NMFS is waiving the requirement, 
consistent with 5 U.S.C. 553(d)(1) and (d)(3).
    This 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, and the initial certification remains 
unchanged. As a result, a final regulatory flexibility analysis is not 
required and none has been prepared.
    This final rule does not duplicate, conflict, or overlap with any 
existing Federal rules.
    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: July 11, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 50 CFR part 
648 as follows:

[[Page 58079]]

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.  648.14, revise paragraph (v)(2) to read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (v) * * *
    (2) All Federal permit holders. It is unlawful for any owner or 
operator of a vessel holding a valid Federal permit to do any of the 
following:
    (i) Retain, possess, or land thorny skates taken in or from the EEZ 
portion of the skate management unit specified at Sec.  648.2.
    (ii) Retain, possess, or land barndoor skates taken in or from the 
EEZ portion of the skate management unit when fishing under a bait 
letter of authorization as described in Sec.  648.322(c).
    (iii) [Reserved]
* * * * *

0
3. In Sec.  648.322, revise paragraphs (b)(1) through (4), and 
paragraph (g), to read as follows:


Sec.  648.322  Skate allocation, possession, and landing provisions.

* * * * *
    (b) Skate wing possession and landing limits--(1) Vessels fishing 
under an Atlantic sea scallop, NE multispecies, or monkfish DAS. (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 4,000 
lb (1,814 kg) of skate wings (9,080 lb (4,119 kg) whole weight) per 
trip in Season 1 (May 1 through August 31), and 6,000 lb (2,722 kg) of 
skate wings (13,620 lb (6,178kg) 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) [Reserved]
    (2) NE multispecies Category B DAS. A vessel fishing on a declared 
NE multispecies Category B DAS described under Sec.  648.85(b), is 
limited to no more than 275 lb (125 kg) of skate wings (624 lb (283 kg) 
whole weight) per trip, or any prorated combination of the allowable 
landing forms defined at paragraph (b)(5) of this section. These 
vessels may not possess or land any prohibited skate species (see Sec.  
648.14(v)(2) and paragraph (g) of this section).
    (3) In-season adjustment of skate wing possession limits. The 
Regional Administrator has the authority, through a notice in the 
Federal Register consistent with the Administrative Procedure Act, to 
reduce the skate wing possession limit to 500 lb (227 kg) of skate 
wings, 1,135 lb (515 kg) whole weight, or any prorated combination of 
the allowable landing forms defined at paragraph (b)(5) of this section 
for the remainder of the applicable quota season. The in-season 
adjustment of skate wing possession limits will be implemented under 
the following circumstances:
    (i) When 85 percent of the Season 1 skate wing quota is projected 
to be landed between May 1 and August 17, the Regional Administrator 
shall reduce the skate wing possession limit to the incidental level 
described in paragraph (b)(3) of this section.
    (ii) When 85 percent of the Season 1 skate wing quota is projected 
to be landed between August 18 and August 31, the Regional 
Administrator may reduce the skate wing possession limit to the 
incidental level described in paragraph (b)(3) of this section.
    (iii) When 85 percent of the annual skate wing fishery TAL is 
projected to be landed in Season 2, the Regional Administrator may 
reduce the skate wing possession limit to the incidental level 
described in paragraph (b)(3) of this section, unless such a reduction 
would be expected to prevent attainment of the annual TAL.
    (4) Incidental possession limit for vessels not under a DAS. A 
vessel issued a Federal skate permit that is not fishing under an 
Atlantic sea scallop, NE multispecies, or monkfish DAS as specified at 
Sec. Sec.  648.53, 648.82, and 648.92, respectively, or is a limited 
access multispecies vessel participating in an approved sector 
described under Sec.  648.87 but not fishing on one of the DAS 
specified at Sec.  648.53, Sec.  648.82, or Sec.  648.92, may retain up 
to 625 lb (283 kg) of skate wings or 1419 lb (644 kg) of whole skate, 
or any prorated combination of the allowable landing forms defined at 
paragraph (b)(5) of this section. These vessels may not possess or land 
any prohibited skate species (see Sec.  648.14(v)(2) and paragraph (g) 
of this section).
* * * * *
    (g) Prohibitions on possession of skates. A vessel fishing in the 
EEZ portion of the Skate Management Unit may not:
    (1) Retain, possess, or land thorny skates taken in or from the EEZ 
portion of the Skate Management Unit.
    (2) Retain, possess, or land barndoor skates taken in or from the 
EEZ portion of the Skate Management Unit when fishing under a bait 
letter of authorization as described in paragraph (c) of this section.

[FR Doc. 2024-15720 Filed 7-16-24; 8:45 am]
BILLING CODE 3510-22-P