Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Proposed Rules 18505 

SUMMARY: On March 14, 2011, NMFS 

published a proposed rule to modify 

Atlantic bluefin tuna (BFT) base quotas 

for all domestic fishing categories; 

establish BFT quota specifications for 

the 2011 fishing year; reinstate pelagic 

longline target catch requirements for 

retaining BFT in the Northeast Distant 

Gear Restricted Area (NED); amend the 

Atlantic tunas possession at sea and 

landing regulations to allow removal of 

Atlantic tunas tail lobes; and clarify the 

transfer at sea regulations for Atlantic 

tunas. This action was necessary to 

implement recommendations of the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT), 

as required by the Atlantic Tunas 

Convention Act (ATCA), and to achieve 

domestic management objectives under 

the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). On March 21, 

2011, NMFS published a correction 

notice that extended the comment 

period for this action until April 28, 

2011, allowing a 45-day comment 

period, rescheduled the Gloucester, MA, 

public hearing that was originally 

scheduled for March 21, 2011, to April 

1, 2011, and announced that additional 

public hearings would be scheduled in 

a future notice. In this document NMFS 

is announcing additional public 

hearings in Fairhaven, MA, and 

Portland, ME, in order to provide greater 

opportunity for public comment on the 

proposed rule. 

DATES: A hearing will be held on April 

25, 2011, from 6 to 9 p.m. in Portland, 

ME, and a hearing will be held on April 

26, 2011, from 6 to 9 p.m. in Fairhaven, 

MA. Public comments on the proposed 

rule must be received on or before April 

28, 2011. See SUPPLEMENTARY

INFORMATION for further details. 

ADDRESSES: As published on March 14, 

2011 (76 FR 13583), you may submit 

comments, identified by ‘‘0648–BA65’’, 

by any one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal at http:// 

www.regulations.gov. 

• Fax: 978–281–9340, Attn: Sarah 

McLaughlin. 

• Mail: Sarah McLaughlin, Highly 

Migratory Species Management 

Division, Office of Sustainable Fisheries 

(F/SF1), NMFS, 55 Great Republic 

Drive, Gloucester, MA 01930 

• Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. NMFS will 

accept anonymous comments 

(enter N/A in the required fields, if you 

wish to remain anonymous). You may 

submit attachments to electronic 

comments in Microsoft Word, Excel, 

WordPerfect, or Adobe PDF file formats 

only. To be considered, electronic 

comments must be submitted via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. Do not submit 

electronic comments to individual 

NMFS staff. 

Supporting documents, including the 

draft Environmental Assessment, 

Regulatory Impact Review, and Initial 

Regulatory Flexibility Analysis, are 

available by sending your request to 

Sarah McLaughlin at the mailing 

address specified above. These 

documents and others, such as the 

Fishery Management Plans described 

below, also may be downloaded from 

the HMS Web site at http:// 

www.nmfs.noaa.gov/sfa/hms/. 

The additional public hearing 

locations are: 

1. Portland, ME—Holiday Inn by the 

Bay, 88 Spring St., Portland, ME 04101. 

2. Fairhaven, MA—Seaport Inn and 

Marina, 110 Middle Street, Fairhaven, 

MA 02719. 

FOR FURTHER INFORMATION CONTACT: 

Sarah McLaughlin or Brad McHale, 

978–281–9260. 

SUPPLEMENTARY INFORMATION: Atlantic 

bluefin tuna, bigeye tuna, albacore tuna, 

yellowfin tuna, and skipjack tuna 

(hereafter referred to as ‘‘Atlantic tunas’’) 

are managed under the dual authority of 

the Magnuson-Stevens Act and ATCA. 

ATCA authorizes the Secretary of 

Commerce (Secretary) to promulgate 

regulations, as may be necessary and 

appropriate, to implement ICCAT 

recommendations. The authority to 

issue regulations under the MagnusonStevens Act and ATCA has been 

delegated from the Secretary to the 

Assistant Administrator for Fisheries, 

NOAA (AA). 

In the proposed rule, NMFS 

announced four public hearings. NMFS 

has received several comments 

requesting additional public hearings. 

NMFS has determined that it is 

reasonable to conduct additional public 

hearings to provide greater 

opportunities for public comment and is 

conducting additional hearings in 

Fairhaven, MA, and Portland, ME. 

These hearings will allow NMFS to 

collect additional public comments on 

the proposed rule, which will assist 

NMFS in determining final management 

measures to conserve and manage the 

Atlantic tunas fisheries, consistent with 

the 2006 Consolidated HMS FMP, the 

Magnuson-Stevens Act, ATCA, and 

other applicable law. 

Dated: March 29, 2011. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–7947 Filed 4–1–11; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 110218142–1146–02] 

RIN 0648–BA91 

Fisheries of the Northeastern United 

States; Northeast Skate Complex 

Fishery; Framework Adjustment 1 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes regulations to 

implement measures in Framework 

Adjustment 1 to the Northeast Skate 

Complex Fishery Management Plan 

(Skate FMP). Framework Adjustment 1 

was developed by the New England 

Fishery Management Council (Council) 

to adjust the possession limits for the 

skate wing fishery in order to slow the 

rate of skate wing landings, so that the 

available Total Allowable Landings 

limit (TAL) is taken by the fishery over 

a longer duration in the fishing year 

(FY) than occurred in FY 2010, thus 

ensuring a steady market supply. The 

action would also allow vessels that 

process skate wings at sea to land skate 

carcasses for sale into the bait market, 

without counting the carcass landings 

against the TAL (skate wings are already 

converted to live weight for monitoring). 

Although recommended by the Council 

as part of Framework 1, this proposed 

rule announces NMFS’s intention to 

disapprove a proposal to increase the 

incidental possession limit for skate 

wings that would apply after the skate 

wing possession limit trigger is reached. 

This proposed rule does not adjust the 

skate fishery specifications for FY 2011. 

DATES: Public comments must be 

received no later than 5 p.m., Eastern 

Standard Time, on April 19, 2011. 

ADDRESSES: An environmental 

assessment (EA) was prepared for 

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18506 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Proposed Rules 

Framework Adjustment 1 that describes 

the proposed action and other 

considered alternatives and provides a 

thorough analysis of the impacts of the 

proposed measures and alternatives. 

Copies of Framework 1, the EA, and the 

Initial Regulatory Flexibility Analysis 

(IRFA), are available on request from 

Paul J. Howard, Executive Director, New 

England Fishery Management Council 

(Council), 50 Water Street, 

Newburyport, MA 01950. These 

documents are also available online at 

http://www.nefmc.org. 

You may submit comments, identified 

by 0648–BA91, by any one of the 

following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal: http:// 

www.regulations.gov. 

• Fax: (978) 281–9135, Attn: Michael 

Pentony. 

• Mail: Patricia A. Kurkul, Regional 

Administrator, NMFS, Northeast 

Regional Office, 55 Great Republic 

Drive, Gloucester, MA 01930. Mark the 

outside of the envelope, ‘‘Comments on 

Skate Framework 1 Proposed Rule.’’ 

Instructions: All comments received 

are part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All personal identifying information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit confidential business 

information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Michael Pentony, Senior Fishery Policy 

Analyst, (978) 281–9283; fax: (978) 281– 

9135. 

SUPPLEMENTARY INFORMATION: 

Background 

In 2003, NMFS implemented the 

Skate FMP to manage a complex of 

seven skate species in the Northeast 

Region: Winter (Leucoraja ocellata); 

little (L. erinacea); thorny (Amblyraja 

radiata); barndoor (Dipturus laevis); 

smooth (Malacoraja senta); clearnose 

(Raja eglanteria); and rosette (L. 

garmani) (see 68 FR 49693, August 19, 

2003). The FMP established biological 

reference points and overfishing 

definitions for each species based on 

abundance indices in the NMFS 

Northeast Fisheries Science Center 

bottom trawl survey. 

Amendment 3 to the Skate FMP, 

which was implemented in July 2010, 

instituted an annual catch limit (ACL) 

and accountability measures (AMs) for 

the skate fishery (see 75 FR 34049, June 

16, 2010). To ensure that the ACL is not 

exceeded, regulations implementing 

Amendment 3 established a possession 

limit of 5,000 lb (2,268 kg) of skate 

wings (11,350 lb (5,148 kg) whole 

weight) per trip for the skate wing 

fishery, and an AM that further reduces 

the wing fishery possession limit to an 

incidental level of 500 lb (227 kg) of 

skate wings (1,135 lb (515 kg) whole 

weight) when 80 percent of the TAL for 

the wing fishery is reached. In FY 2010, 

the combination of increased landings 

of skate wings and a delay in 

implementation of the 5,000-lb (2,268- 

kg) skate wing possession limit resulted 

in the fishery reaching the 80-percent 

TAL trigger in early September. 

Consequently, the wing fishery has been 

limited to the incidental possession 

limit of 500 lb (227 kg) of skate wings 

per trip from September 3, 2010, 

through the end of FY 2010 on April 30, 

2011. 

Asserting that the imposition of the 

500-lb (227-kg) skate wing possession 

limit so early in the FY caused 

disruptions in the supply of skate 

wings, economic hardship on fishing 

vessels and dealers, and threatened to 

undermine the market position of U.S. 

suppliers, members of the skate wing 

fishing industry requested that the 

Council consider options to mitigate the 

potential for this situation to be 

repeated in FY 2011. In November 2010, 

the Council initiated Framework 1 to 

change the skate wing possession limits 

in order to maximize the duration of the 

skate fishing season in FY 2011. In 

January 2011, the Council approved 

Framework 1 and recommended that 

NMFS implement new possession limits 

for the skate wing fishery, as described 

below. 

Proposed Measures 

Framework 1 proposes the following 

changes to the regulations governing the 

skate fishery: 

1. That the skate wing fishery 

possession limit be changed from 5,000 

lb (2,268 kg) of skate wings per trip to 

2,600 lb (1,179 kg) per trip from May 1 

through August 31, and 4,100 lb (1,860 

kg) per trip from September 1 through 

April 30; 

2. That the skate wing fishery 

incidental possession limit (the limit 

that applies to all landings of skate 

wings once landings reach the 

appropriate TAL trigger percentage) be 

changed from 500 lb (227 kg) of skate 

wings per trip to 1,250 lb (567 kg) per 

trip; 

3. That the skate wing fishery 

incidental possession limit trigger be 

changed from 80 percent of the skate 

wing TAL to 85 percent of the skate 

wing TAL; and 

4. That the regulations governing the 

allowable forms of skates that may be 

possessed and landed be changed to 

allow the landing of skate carcasses 

separate from skate wings (currently, 

only whole skates or skate wings— 

without the associated carcasses—may 

be possessed and landed). 

By reducing the skate wing possession 

limit from 5,000 lb (2,268 kg) of skate 

wings per trip to the lower amounts 

identified above, the Council intends to 

slow the landings of skate wings in 

order to promote an extended directed 

fishery. The Council’s recommendation 

to impose different possession limits at 

different times of the year reflects 

advice from members of the skate 

fishing industry regarding the times of 

year when demand for skate wings is 

generally higher and the price is also 

likely to be higher. Based on data from 

2009 and 2010, the average price per lb 

of skate wings was $0.33 for May– 

August and $0.64 for September–April. 

Thus, the proposed 2,600-lb (1,179-kg) 

limit would serve to constrain landings 

when demand and price are both lower, 

preserving more of the available TAL to 

be harvested under the higher 4,100-lb 

(1,860-kg) limit when demand and price 

are more favorable. 

The Council’s recommendation to 

change the trigger point at which the 

incidental possession limit is imposed 

is also an attempt to lengthen the 

duration of the directed skate wing 

fishery. However, based on the analysis 

prepared by the Council’s Skate Plan 

Development Team and presented to the 

Council at its January 2011 meeting, the 

combination of a 1,250-lb (567-kg) 

incidental possession limit and an 85- 

percent trigger point would be expected 

to result in landings exceeding the skate 

wing TAL by more than 7 percent. 

Amendment 3 to the Skate FMP 

established the TAL as the limit for 

skate landings, taking into account the 

needs of the skate wing and bait 

fisheries (i.e., allocating the overall 

skate TAL to the skate wing and bait 

fisheries according to specific 

percentages), discards of skates in all 

fisheries that encounter skates, and the 

biological status of the resource. The 

management measures implemented in 

Amendment 3 were designed to 

constrain overall skate landings to the 

TAL, and, in situations in which a TAL 

is exceeded, the Amendment 3 

regulations require automatic 

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Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Proposed Rules 18507 

adjustments to the TAL trigger threshold 

(on a point-for-point basis). If the wing 

TAL were to be exceeded by 7 percent, 

as the Council’s analysis indicates is 

likely, then the Amendment 3 

regulations would require the TAL 

trigger for the following FY to be 

reduced from 85 percent of the TAL to 

78 percent of the TAL, forcing an even 

earlier transition to the incidental 

possession limit. It would be 

inconsistent with the intent of 

Framework 1 (implement measures to 

extend the length of the directed skate 

wing fishery) and the objectives of 

Amendment 3 (implement measures to 

constrain landings to within the 

available TAL) to alter both the 

incidental skate wing possession limit 

and the TAL trigger point, as proposed 

by the Council. The Council’s analysis 

suggests that the trigger point could be 

increased to 85 percent of the TAL if the 

incidental wing limit is maintained at 

the current 500-lb (227-kg) level, while 

still remaining within the TAL. 

Therefore, this proposed rule announces 

NMFS’s intention to disapprove the 

proposed change to the incidental skate 

wing possession limit at § 648.322(b)(2). 

Disapproving the change in the 

incidental limit would not affect the 

other measures proposed in this action. 

NMFS seeks comments on the Council’s 

proposed action, as well as keeping the 

incidental possession limit at 500 lb 

(227 kg) in the event this proposed 

measure is disapproved. 

The Council’s recommendation to 

allow possession and landing of skate 

carcasses is intended to promote a fuller 

utilization of the skate resource, by 

enabling fishermen to retain the 

carcasses that would otherwise be 

discarded at sea once the skate wings 

are cut and removed. Currently, vessels 

must either retain the whole skates and 

cut the wings after landing, or discard 

the skate carcasses at sea once the wings 

are removed. This proposed change 

would allow fishermen to retain the 

skate carcasses and sell them as bait, 

increasing the economic yield of the 

skate resource without any change in 

fishing mortality. Under the proposed 

revision to the regulations, skates could 

be possessed or landed either as wings 

only, wings with associated carcasses 

possessed separately, or in whole form, 

or any combination of the three, 

provided that the weight of skate 

carcasses does not exceed 1.27 times the 

weight of skate wings on board. This 

ratio, based upon established wing-towhole weight conversion factor for 

skates, would help assure that the only 

carcasses possessed and landed 

correspond to skates which have had 

their wings removed and retained by the 

vessel for sale. When any combination 

of wings, carcasses, and whole skates 

are possessed, the possession limit 

would be based on the equivalent whole 

weight limit where wing weight is 

converted to whole weight using the 

wing to whole weight conversion factor 

of 2.27. For example, 100 lb (45.4 kg) of 

skate wings × 2.27 = 227 lb (103.1 kg) 

of whole skates. If wings and carcasses 

were possessed separately in this case, 

the vessel could possess 100 lb (45.4 kg) 

of skate wings and 100 × 1.27 = 127 lb 

(57.6 kg) of carcasses. The sum of the 

two products must not exceed the whole 

weight possession limit. This action is 

not intended to allow the landing of 

skate carcasses without skate wings. 

NMFS seeks comments on all of the 

proposed measures in Framework 1, as 

well as on keeping the incidental skate 

wing possession limit at 500 lb (227 kg) 

if this measure is disapproved. 

As required under section 303(c) of 

the Magnuson-Stevens Act, the Council 

reviewed the draft regulations and 

deemed them necessary and appropriate 

for implementation of Framework 1. 

Technical changes to the regulations 

deemed necessary by the Secretary for 

clarity may be made, as provided under 

section 304(b) of the Magnuson-Stevens 

Act. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has made a 

preliminary determination that this 

proposed rule, subject to NMFS’s 

concern about the proposed increase in 

the incidental skate wing possession 

limit, is consistent with the Skate FMP, 

Amendment 3, other provisions of the 

Magnuson-Stevens Act, and other 

applicable law, subject to further 

consideration after public comment. 

The Office of Management and Budget 

has determined that this proposed rule 

is not significant for the purposes of 

Executive Order 12866. 

The Council prepared an IRFA, as 

required by section 603 of the 

Regulatory Flexibility Act (RFA), 

included in Framework 1 and 

supplemented by information contained 

in the preamble to this proposed rule. 

The IRFA describes the economic 

impact this proposed rule, if adopted, 

would have on small entities. A 

description of the action, why it is being 

considered, and the legal basis for this 

action are contained at the beginning of 

this section of the preamble and in the 

SUMMARY of this proposed rule. A 

summary of the IRFA follows. A copy of 

this analysis is available from the 

Council (see ADDRESSES). 

All of the entities (fishing vessels) 

affected by this action are considered 

small entities under the Small Business 

Administration size standards for small 

fishing businesses ($4.0 million in 

annual gross sales). Therefore, there are 

no disproportionate effects on small 

versus large entities. Information on 

costs in the fishery is not readily 

available and individual vessel 

profitability cannot be determined 

directly; therefore, expected changes in 

gross revenues were used as a proxy for 

profitability. 

This action does not introduce any 

new reporting, recordkeeping, or other 

compliance requirements. This 

proposed rule does not duplicate, 

overlap, or conflict with other Federal 

rules. 

Description and Estimate of Number of 

Small Entities to Which the Rule Would 

Apply 

The participants in the commercial 

skate fishery were defined using 

Northeast dealer reports to identify any 

vessel that reported having landed 1 lb 

(0.45 kg) or more of skates during 

calendar year 2010. These dealer reports 

identified 690 vessels that landed skates 

for the skate wing market in states from 

Maine to North Carolina out of 2,607 

vessels that held a Federal skate permit. 

Of the 690 vessels that landed at least 

1 lb (0.45 kg) of skates for the wing 

market, 592 vessels landed at least some 

amount of skates in wing form, and 

these vessels would be affected by the 

proposed change to allow vessels 

landing skate wings to also land the 

associated carcasses for sale as bait. 

Economic Impacts of the Proposed 

Action Compared to Significant NonSelected Alternatives 

The purpose of Framework 1 is to 

adjust the possession limits affecting the 

skate wing fishery in order to extend the 

duration of the fishing season during 

which the fishery could land skate 

wings at ‘‘directed’’ levels (i.e., before 

the possession limits are reduced to 

incidental landings levels), while 

constraining the overall skate wing 

landings to remain within the TAL. To 

achieve these ends, the Council 

considered several alternatives for each 

of three principal management 

measures: (1) The primary possession 

limit affecting the directed skate wing 

fishery; (2) the trigger point (as a 

percentage of the TAL) at which the 

primary possession limit is reduced to 

a lower, incidental level of allowable 

landings; and (3) the possession limit 

that would be imposed once the 

possession limit trigger is reached. 

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18508 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Proposed Rules 

The Council considered several 

alternatives for the primary skate wing 

possession limit: (1) 5,000 lb (2,268 kg) 

of wings per trip (the status quo); (2) 

4,100 lb (1,860 kg) of wings per trip; (3) 

3,200 lb (1,451 kg) of wings per trip; (4) 

2,600 lb (1,179 kg) of wings per trip; and 

(5) the proposed action of a 2,600-lb 

(1,179-kg) possession limit from May 1 

through August 31, and a 4,100-lb 

(1,860-kg) possession limit from 

September 1 through April 30. The 

challenge in achieving the objective of 

this action is to determine a possession 

limit low enough to prolong the directed 

fishing season without substantially 

reducing the efficacy of the skate wing 

fishery by choosing a possession limit 

too low to make profitable fishing trips. 

Compared to the other alternatives 

considered, the proposed action is 

expected to maximize profitability for 

the skate wing fishery by constraining 

landings during the spring and summer 

months (May–August) when demand 

and price are generally lower (average of 

$0.33/lb during 2009 and 2010), 

preserving more of the available TAL for 

the fall and early winter months when 

demand and price are generally higher 

(average of $0.64/lb during 2009 and 

2010) and allowing higher levels of 

landings during this time. 

In addition to changing the primary 

possession limit, the Council also 

considered three alternatives for the 

trigger point at which the possession 

limit is reduced: (1) 80 percent of the 

TAL (the status quo); (2) 85 percent of 

the TAL; and (3) 75 percent of the TAL. 

The higher the trigger percentage, the 

longer the directed fishing season would 

last before the possession limit is 

reduced; however, because landings 

continue—at albeit reduced rates due to 

the lower possession limit—the desire 

to extend the directed fishing season 

must be balanced with the need to 

prevent the overall landings from 

exceeding the TAL. The Council’s 

analysis shows that a 5-percent change 

in the trigger point could make a 2-week 

difference in the length of the directed 

fishing season. The likelihood of 

exceeding the TAL at the different 

potential trigger points depends, in part, 

on the incidental possession limit that 

would be imposed once the trigger is 

reached. 

The Council considered three 

alternatives for the incidental 

possession limit: (1) 500 lb (227 kg) of 

skate wings per trip (the status quo); (2) 

750 lb (340 kg) of skate wings per trip; 

and (3) 1,250 lb (567 kg) of skate wings 

per trip. Although the Council 

recommended increasing the incidental 

possession limit to 1,250 lb (567 kg) per 

trip in order to increase the potential 

revenue of vessels landing skates after 

the possession limit is reduced, NMFS 

intends to disapprove this particular 

proposal as inconsistent with the 

requirement to ensure that overall skate 

landings do not exceed the available 

TAL (the Council’s analysis indicates 

that this combination of measures 

would result in landings exceeding the 

TAL by more than 7 percent). The 

Council’s analysis shows that the 

overarching purpose of Framework 1 to 

lengthen the directed fishing season 

while not exceeding the TAL is best 

served by increasing the trigger point to 

85 percent of the TAL but maintaining 

the status quo incidental possession 

limit of 500 lb (227 kg) of skate wings 

per trip. Although an increase in the 

incidental possession limit from 500 lb 

(227 kg) of skate wings per trip to 1,250 

lb (567 kg) of skate wings per trip would 

increase the potential vessel revenue by 

up to $250–$500 per trip (based on the 

average ex-vessel price paid for skate 

wings in 2009 and 2010), NMFS’s 

disapproval of this measure would 

impose no additional costs on the 

affected industry, as the disapproval 

leaves in place the current 500-lb (227- 

kg) possession limit. 

In addition to the primary alternatives 

considered in this action, the Council 

also considered a change in the 

regulations to allow skate carcasses to 

be landed rather than discarded at sea. 

This proposed measure is expected to 

have no effect on the overall mortality 

of skates caught, but could result in 

marginal increases in per trip fishing 

revenue for vessels that cut skate wings 

at sea and land the remaining carcasses 

for sale as lobster bait (estimates range 

from approximately $360 per trip at the 

2,600-lb (1,179-kg) possession limit to 

approximately $570 per trip at the 

4,100-lb (1,860-kg) possession limit). 

Because the only significant alternative 

considered in this case is the status quo, 

under which the landing of skate 

carcasses would continue to be 

prohibited, the Council’s proposed 

action in this case maximizes the 

potential revenue available to the 

fishing industry. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Recordkeeping and 

reporting requirements. 

Dated: March 29, 2011. 

John Oliver, 

Deputy Assistant Administrator for 

Operations, National Marine Fisheries 

Service. 

For the reasons set out in the 

preamble, 50 CFR part 648 is proposed 

to be amended as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

1. The authority citation for part 648 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

2. In § 648.322, revise paragraph (b) to 

read as follows: 

§ 648.322 Skate allocation, possession, 

and landing provisions. 

* * * * * 

(b) Skate wing possession and landing 

limits. A vessel or operator of a vessel 

that has been issued a valid Federal 

skate permit under this part, provided 

the vessel fishes under an Atlantic sea 

scallop, NE multispecies, or monkfish 

DAS as specified at §§ 648.53, 648.82, 

and 648.92, respectively, or is also a 

limited access multispecies vessel 

participating in an approved sector 

described under § 648.87, 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 of skate wings 

(with appropriate whole weight 

equivalents) specified as follows: 

(1) Up to 2,600 lb (1,179 kg) of skate 

wings (5,902 lb (2,677 kg) whole weight) 

per trip from May 1 through August 31, 

and 4,100 lb (1,860 kg) of skate wings 

(9,307 lb (4,222 kg) whole weight) per 

trip from September 1 through April 30, 

except for a vessel fishing on a declared 

NE multispecies Category B DAS 

described under § 648.85(b), which is 

limited to no more than 220 lb (100 kg) 

of skate wings (500 lb (227 kg) whole 

weight) per trip (or any prorated 

combination of skate wings and whole 

skates based on the conversion factor for 

wing weight to whole weight of 2.27— 

for example, 100 lb (45.4 kg) of skate 

wings × 2.27 = 227 lb (103.1 kg) of 

whole skates). 

(2) In-season adjustment of skate wing 

possession limits. When the Regional 

Administrator projects that 85 percent 

of the annual skate wing fishery TAL 

has been landed, the Regional 

Administrator shall, through a notice in 

the Federal Register consistent with the 

Administrative Procedure Act, reduce 

the skate wing trip limit to 1,250 lb (567 

kg) of skate wings (2,837 lb (1,287 kg) 

whole weight, or any prorated 

combination of skate wings and whole 

skates based on the conversion factor for 

wing weight to whole weight of 2.27) for 

the remainder of the fishing year, unless 

such a reduction would be expected to 

prevent attainment of the annual TAL. 

(3) 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 

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Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Proposed Rules 18509 

specified at §§ 648.53, 648.82, and 

648.92, respectively, or is a limited 

access multispecies vessel participating 

in an approved sector described under 

§ 648.87 but not fishing on one of the 

DAS specified at §§ 648.53, 648.82, or 

648.92, may retain up to 500 lb (227 kg) 

of skate wings or 1,135 lb (515 kg) of 

whole skate, or any prorated 

combination of skate wings and whole 

skates based on the conversion factor for 

wing weight to whole weight of 2.27, 

per trip. 

(4) Allowable forms of skate landings. 

Except for vessels fishing under a skate 

bait letter of authorization as specified 

at § 648.322(c), a vessel may possess 

and/or land skates as wings only (wings 

removed from the body of the skate and 

the remaining carcass discarded), wings 

with associated carcasses possessed 

separately (wings removed from the 

body of the skate but the associated 

carcass retained on board the vessel), or 

in whole (intact) form, or any 

combination of the three, provided that 

the weight of the skate carcasses on 

board the vessel does not exceed 1.27 

times the weight of skate wings on 

board. When any combination of skate 

wings, carcasses, and whole skates are 

possessed and/or landed, the applicable 

possession or landing limit shall be 

based on the whole weight limit, in 

which any wings are converted to whole 

weight using the wing to whole weight 

conversion factor of 2.27. For example, 

if the vessel possesses 100 lb (45.4 kg) 

of skate wings, the whole weight 

equivalent would be 227 lb (103.0 kg) of 

whole skates (100 lb (45.4 kg) × 2.27), 

and the vessel could possess up to 127 

lb (57.6 kg) of skate carcasses (100 lb 

(45.4 kg) of skate wings × 1.27). A vessel 

may not possess and/or land skate 

carcasses and only whole skates. 

* * * * * 

[FR Doc. 2011–7949 Filed 4–1–11; 8:45 am] 

BILLING CODE 3510–22–P 

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