31354 Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Proposed Rules 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule, which 

proposes approval of Maryland’s 

infrastructure SIP submittal for the 2012 

PM2.5 NAAQS, does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because the SIP is not approved 

to apply in Indian country located in the 

state, and EPA notes that it will not 

impose substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: June 19, 2018. 

Cosmo Servidio, 

Regional Administrator, Region III. 

[FR Doc. 2018–14331 Filed 7–3–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 180130101–8101–01] 

RIN 0648–BH57 

Fisheries of the Northeastern United 

States; Northeast Skate Complex; 

Framework Adjustment 5 and 2018– 

2019 Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This rulemaking proposes 

regulations to approve and implement 

measures submitted by the New 

England Fishery Management Council 

in Framework Adjustment 5 and 2018– 

2019 Specifications to the Northeast 

Skate Complex Fishery Management 

Plan. This action would implement 

2018–2019 specifications, allow limited 

possession of barndoor skate in the 

skate wing fishery, and exempt vessels 

from some specific domestic skate 

regulations when fishing exclusively 

within the Northwest Atlantic Fisheries 

Organization Regulatory Area. The 

action is necessary to establish skate 

specifications to be consistent with the 

most recent scientific information, and 

improve management of the skate 

fisheries. This proposed action is 

intended to establish appropriate catch 

limits for the skate fishery and to 

provide additional operational 

flexibility to fishery participants. 

DATES: Public comments must be 

received by August 6, 2018. 

ADDRESSES: You may submit comments 

on this document, identified by NOAANMFS-2018-0054, by either of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2018- 

0054, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Michael Pentony, Regional 

Administrator, National Marine 

Fisheries Service, 55 Great Republic 

Drive, Gloucester, MA 01930–2276. 

Mark the outside of the envelope: 

‘‘Comments on Skate Framework 

Adjustment 5 and 2018–2019 

Specifications.’’ 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). Attachments to 

electronic comments will be accepted in 

Microsoft Word, Excel, or Adobe PDF 

file formats only. 

New England Fishery Management 

Council staff prepared an environmental 

assessment (EA) for Northeast Skate 

Complex Framework Adjustment 5 and 

2018–2019 Specifications that describes 

the proposed action and other 

considered alternatives. The EA 

provides an analysis of the biological, 

economic, and social impacts of the 

proposed measures and other 

considered alternatives, a preliminary 

Regulatory Impact Review, and 

economic analysis. Copies of the 

Framework 5 EA are available on 

request from Thomas A. Nies, Executive 

Director, New England Fishery 

Management Council, 50 Water Street, 

Newburyport, MA 01950. This 

document is also available from the 

following internet addresses: http://

www.nefmc.org and 

www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2018- 

0054. 

FOR FURTHER INFORMATION CONTACT: 

Debra Lambert, Fishery Policy Analyst, 

(301) 427–8560. 

SUPPLEMENTARY INFORMATION: 

Background 

The Northeast Skate Complex Fishery 

Management Plan (FMP), developed by 

the New England Fishery Management 

Council and implemented in 2003, 

manages a complex of seven skate 

species (barndoor, clearnose, little, 

rosette, smooth, thorny, and winter 

skate) off the New England and midAtlantic coasts. Skates are harvested and 

managed in two different fisheries: One 

for food (the wing fishery) and one for 

lobster bait (the bait fishery). Additional 

information on the skate fisheries can be 

found online at https://

www.greateratlantic.fisheries.noaa.gov/ 

sustainable/species/skate/index.html. 

The regulations implementing the 

Skate FMP at 50 CFR part 648, subpart 

O, outline the management procedures 

and measures for the skate fisheries. 

Specifications including the annual 

catch limit (ACL), annual catch target 

(ACT), total allowable landings (TAL) 

for the skate wing and bait fisheries, and 

possession limits may be specified for 

up to 2 years. The current specifications 

were implemented as part of Framework 

Adjustment 3 to the FMP and the 2016– 

2017 Specifications (81 FR 54744; 

August 17, 2016). The Council is 

required to develop new specification 

recommendations for the 2018 and 2019 

fishing years. Though the 2018 fishing 

year began on May 1, 2018, the existing 


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specifications and possession limits 

remain in effect until they are replaced. 

In addition to recommending 

specifications, the Council has 

recommended to allow limited 

possession of barndoor skate given that 

the stock is now rebuilt, and to exempt 

vessels from domestic skate regulations 

when fishing exclusively within the 

Northwest Atlantic Fisheries 

Organization (NAFO) Regulatory Area, 

except for the prohibition on possessing, 

retaining, or landing prohibited species. 

Proposed Specifications 

In August 2017, the Council’s 

Scientific and Statistical Committee 

reviewed updated information on the 

status of the 7 skate species and 

recommended an acceptable biological 

catch (ABC) of 31,327 mt for fishing 

years 2018 and 2019 (a slight increase 

from 31,081 mt in 2017). This ABC 

incorporates updated data from NMFS’ 

trawl surveys and the new discard 

mortality estimate for winter skate in 

the sink gillnet fishery (14 percent, 

instead of the previously-assumed 50 

percent). The ABC is based on the 

current default ABC control rule 

established in Amendment 3. The 

control rule uses the median catch/ 

biomass ratio as an estimate of 

exploitation rate applied to the threeyear moving average biomass index. For 

these specifications of ABC, that 

includes using the 2015–2017 spring 

survey data for little skate and the 2014– 

2016 fall survey data for the other 

managed skates. 

Both the Skate Advisory Panel and 

the Skate Committee met in September 

2017 to discuss the skate specifications, 

following procedures in Amendment 3 

to the FMP. The ACL for the skate 

complex is set equal to the ABC, and the 

ACT is specified at 75 percent of the 

ACL to account for scientific and 

management uncertainty. After 

deducting amounts for projected dead 

discards and state landings, the 

remaining catch is allocated as the wing 

and bait fisheries TALs. The Advisory 

Panel and Committee recommended 

specification measures to the Council 

who, in turn, has made 

recommendations to NMFS. NMFS is 

proposing the following specifications 

for the skate fisheries in 2018–2019 as 

recommended by the Council: 

1. An ABC and ACL of 31,327 mt; 

2. An ACT at 23,495 mt (75 percent 

of the ACL); 

3. A TAL of 8,749 mt for the wing 

fishery, that is divided into two seasons 

according to the current regulations at 

§ 648.322. In Season 1 (May 1–August 

31), the TAL will be 4,987 mt (57 

percent), and the remainder of the TAL 

allocated to Season 2 (September 1– 

April 30); 

4. Status quo possession limits for the 

wing fishery, as defined in § 648.322(b): 

2,600 lb (1,179 kg) of skate wings per 

trip in Season 1, and 4,100 lb (1,860 kg) 

of wings per trip in Season 2 for vessels 

fishing on a Northeast multispecies, 

monkfish, or scallop day-at-sea (DAS). 

The Northeast Multispecies Category-B 

DAS possession limit remains at 220 lb 

(100 kg) skate wings per trip, and 

incidental possession limit for vessels 

not on a DAS remains at 500 lb (227 kg) 

wings per trip; 

5. A TAL of 4,408 mt for the bait 

fishery, that is divided into three 

seasons according to the current 

regulations at § 648.322. In Season 1 

(May 1–July 31), the TAL will be 1,358 

mt (30.8 percent); in Season 2 (August 

1–October 31) the TAL will be 1,635 mt 

(37.1 percent); and the remainder of the 

TAL (1,415 mt) is allocated to Season 3 

(November 1–April 30); and 

6. Status quo possession limits for the 

bait fishery, as defined in § 648.322(c): 

The possession limit is 25,000 lb 

(11,340 kg) of whole skates per trip in 

Seasons 1 and 2, and 12,000 lb (5,443 

kg) of whole skates per trip in Season 3, 

for vessels carrying a Skate Bait Letter 

of Authorization. 

Proposed Measures To Allow 

Possession of Barndoor Skates 

Possession and landing of barndoor 

skate has been prohibited since 2003, 

when the Northeast Skate Complex FMP 

was first implemented, as part of efforts 

to rebuild the stock. In response to 

NMFS’ declaring the stock rebuilt in 

2016, the Committee and Advisory 

Panel discussed options for allowing 

limited barndoor skate landings for 

vessels fishing for skate. The Council 

ultimately recommended allowing 

limited retention of barndoor skate in 

the wing fishery. 

NMFS is proposing to establish the 

Council’s recommended proportional 

possession limit that corresponds to the 

barndoor skate contribution (25 percent) 

of overall skate catch based on observer 

data. To derive the proportional 

barndoor skate limit, the Council 

examined data from all observed trips 

that landed skate wings from 2012 to 

2016. For vessels fishing under a 

Northeast multispecies, scallop, or 

monkfish DAS, this would result in a 

barndoor skate possession limit of 650 

lb (295 kg) wings in Season 1 and 1,025 

lb (465 kg) wings in Season 2. The 

possession limits for barndoor skate 

wings are included within the overall 

wing possession limit (i.e., total pounds 

of skate wings on board, including 

barndoor skate wings, are not allowed to 

exceed 2,600 lb (1,179 kg) in Season 1 

and 4,100 lb (1,860 kg) in Season 2). 

NMFS notes that the full barndoor wing 

possession limit may be realized, even 

if the full wing possession limit is not 

realized. For example, a vessel may 

possess 650 lb (295 kg) of barndoor 

skate wings in season 1, even if the 

vessel does not reach its full 2,600 lb 

(1,179 kg) possession limit. 

Framework 5 did not directly specify 

the barndoor possession limit when an 

inseason adjustment of the skate wing 

possession limit for the directed wing 

fishery is needed and the wing 

possession limit is reduced to 500 lb 

(227 kg); see current 50 CFR 

648.322(b)(2). The inseason adjustment 

of the possession limit is used to 

prevent the directed wing fishery from 

exceeding seasonal quotas. To ensure 

the fishery operates consistently when 

an inseason adjustment is necessary, 

NMFS applied the same proportionality 

used to derive the barndoor possession 

limit under the full skate wing 

possession limit for directed skate wing 

fisheries (i.e., 25 percent of the wing 

possession limit) to specify the 

incidental barndoor skate wing 

possession limit. NMFS is proposing 

that when an incidental possession limit 

(500 lb (227 kg) of skate wings) is 

implemented, the possession limit for 

barndoor skate wings will be 125 lb (57 

kg) (see proposed regulatory text at 

§ 648.322(b)(3), below). 

Framework 5 did not propose, 

discuss, or analyze options for allowing 

barndoor possession for vessels 

operating under other possession limits 

for skates, including: Vessels fishing for 

bait skate under a bait letter of 

authorization (§ 648.322(c)); vessels 

fishing under a Northeast multispecies 

Category B DAS (§ 648.322(b)); vessels 

fishing under the incidental skate 

possession limit for vessels not under a 

DAS (§ 648.322(b)); or when fishing in 

a Northeast multispecies DAS 

exemption program area that allows 

possession and landing of skate or skate 

parts (as specified in § 648.80(b)(3)(ii)) 

without a Northeast multispecies or 

monkfish DAS. Because barndoor 

possession under these scenarios was 

not explicitly proposed, considered, or 

analyzed, NMFS is not proposing to 

allow vessels operating under the above 

mentioned scenarios to possess 

barndoor skates. NMFS seeks comments 

and input on the proposal to not allow 

barndoor skate possession and landing 

by these incidental fisheries that do not 

operate under the ‘‘directed’’ fishery 

landing provisions. 

Framework 5 also proposes that the 

body of any skate species already 

‘‘winged’’ may not be discarded in order 


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to land barndoor skates (i.e., no highgrading). NMFS considers that the 

intent of this provision is to prevent 

high-grading by prohibiting the 

discarding of skate wings, as opposed to 

skate bodies, in order to land barndoor 

skate. The current regulations at 

§ 648.322(b)(4) allow skate bodies to be 

discarded at sea. NMFS agrees that highgrading is a wasteful practice and 

should be discouraged; however, it will 

be difficult to determine if a vessel 

discarded skate wings of one species at 

sea with the intention of landing 

barndoor skate wings. Therefore, we 

propose prohibiting the discarding of 

any skate wings when barndoor is in 

possession. NMFS expects this measure 

to capture the intent of the no highgrading provision within Framework 5 

and seeks comments on this measure. 

Lastly, NMFS is proposing that 

barndoor skate wings and carcasses on 

board a vessel that is subject to barndoor 

possession limits must be separated 

from other species of fish and stored so 

as to be readily available for inspection. 

This provision was not part of Skate 

Framework 5, but NMFS determined it 

is necessary to aid in the enforcement of 

barndoor possession limits. This 

provision is being proposed under the 

authority of section 305(d) of the 

Magnuson-Stevens Act. Similar 

separation provisions exist in other 

fisheries; for example, scallop dredge 

vessels that are permitted to possess a 

limited amount of haddock must 

separate the haddock from other species 

on board (see § 648.86(a)(2)(iii)). We are 

seeking comments on this provision and 

input as to whether this provision will 

aid in compliance and enforcement and 

if it will be logistically challenging for 

vessels to keep barndoor skate separate 

from other species on board. 

Northwest Atlantic Fisheries 

Organization Regulatory Area 

Exemption Program 

At their September 2017 meeting, the 

Council agreed to add the NAFO 

Regulatory Area exemption program 

into Framework 5 in response to public 

comment. The Council took final action 

to approve the NAFO exemption at their 

December 2017 meeting. Framework 5 

proposes to exempt vessels from 

domestic skate regulations when fishing 

exclusively within the NAFO 

Regulatory Area, except for the 

prohibition on possessing, retaining, or 

landing prohibited species. U.S. vessels 

fishing in the NAFO Regulatory Area are 

currently exempt from domestic 

Northeast multispecies and monkfish 

permit, mesh size, effort-control, and 

possession limit restrictions (see 

§ 648.17). U.S. vessels in the NAFO area 

are largely targeting yellowtail flounder 

and Atlantic halibut, and exempting 

these vessels from domestic skate 

regulations would provide them 

additional flexibility to retain and land 

skates in the United States. NAFO 

specifies an annual quota for skates (in 

2018 the quota is 258 mt), and that 

quota is not allocated to particular 

countries; access to skates is on a first 

come, first served basis. The NAFOspecified incidental possession limit for 

skates is 2,500 kg or 10 percent of the 

total catch retained; when the skate 

quota has been reached, the incidental 

possession limit drops to 1,250 kg or 5 

percent of total catch retained. 

NMFS is proposing that vessels 

fishing under a High Seas Permit within 

the NAFO Regulatory Area are exempt 

from domestic skate permit and 

possession limit restrictions. However, 

vessels will not be exempt from the 

prohibition on possessing, retaining, or 

landing prohibited skate species 

specified in §§ 648.14(v) and 648.322(g). 

Barndoor skate is currently a prohibited 

species but, as described above, NMFS 

is proposing through this action to allow 

a limited amount of barndoor skate 

possession within the directed wing 

fishery. Therefore, we are proposing that 

U.S. vessels fishing in the NAFO 

Regulatory Area be allowed to possess 

barndoor skate consistent with the 

NAFO-established incidental possession 

limits, but are not exempt from the 

prohibition on possessing, retaining, or 

landing other prohibited skate species 

(i.e., thorny skate and smooth skates) 

specified in §§ 648.14(v) and 648.322(g). 

Further, the skate catch from the NAFO 

Regulatory Area would not count 

against domestic skate TALs. To be 

eligible for this proposed exemption, 

vessels would be required to: Have on 

board a letter of authorization (LOA) 

issued by the Regional Administrator; 

except for transiting purposes, fish 

exclusively in the NAFO Regulated Area 

and not harvest fish in, or possess fish 

harvested from, the exclusive economic 

zone (EEZ); ensure all gear is properly 

stowed and not available for immediate 

use when transiting the EEZ; and 

comply with all High Seas Fishing 

Compliance Permit and NAFO 

Conservation and Enforcement 

Measures while fishing in the NAFO 

Regulated Area (§ 648.17(b)). 

Classification 

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

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has made a 

preliminary determination that this 

proposed rule is consistent with the 

FMP, Framework 5, provisions of the 

Magnuson-Stevens Act, and other 

applicable law, subject to further 

consideration after public comment. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration (SBA) 

that this proposed rule, if adopted, 

would not have a significant economic 

effect on a substantial number of small 

entities. The factual basis for this 

determination is as follows. 

The purpose of this action was 

previously outlined in the preamble to 

this proposed rule and is not repeated 

here. As proposed, the TALs for the 

wing fishery and bait fishery would 

increase slightly. This action, if 

implemented, would provide additional 

flexibility and opportunities in the 

fishery by slightly increasing TALs, 

allowing limited landings of barndoor 

skate under certain specific 

circumstances, and by allowing vessels 

fishing exclusively within the NAFO 

Regulatory Area the opportunity to 

retain and land skate in the United 

States. 

The action would impact vessels or 

affiliated groups that hold Federal skate 

permits and participate in skate 

fisheries, and vessels that fish in the 

NAFO Regulatory Area. The Council’s 

analysis of 2015 data indicates that the 

skate fishery had 329 affiliated groups 

with single permits, and another 89 

vessels belonged to affiliated groups that 

hold 2 or more permits. Because only 

two vessels participated in the NAFO 

Regulated Area recently, a quantitative 

analysis cannot be reported for those 

vessels because of confidentiality 

requirements. In addition, because 

possession of barndoor skates has been 

prohibited since 2003, the number of 

vessels that would land barndoor skate 

and the amount of landings is unknown 

and cannot be quantitatively analyzed. 

It is difficult to quantitatively analyze 

the economic impacts of increasing 

TALs, as economic impacts would have 

to be compared against 2015 fishing 

year data (the last year in which the 

incidental possession limit was not 

imposed) when TALs were higher than 

2016 and 2017 levels, and proposed 

2018 levels. Therefore, a qualitative 

analysis is described below. 

For Regulatory Flexibility Act (RFA) 

purposes only, NMFS has established a 

small business size standard for 

businesses, including their affiliates, 

whose primary industry is commercial 

fishing (see § 200.2). A business 

primarily engaged in commercial fishing 

(NAICS code 11411) is classified as a 

small business if it is independently 


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owned and operated, is not dominant in 

its field of operation (including its 

affiliates), and has combined annual 

receipts not in excess of $11.0 million 

for all its affiliated operations 

worldwide. The determination as to 

whether the entity is large or small is 

based on a 3-year average of annual 

revenue. 

Affiliate data are assembled by NMFS, 

as of June 1st each year, for analysis 

required by the RFA. During fishing 

year 2015, 371 regulated entities landed 

skates; 369 entities were small and 2 

were large. All 371 entities could be 

directly regulated by this proposed 

action. 

This action, which proposes to 

slightly increase TALs relative to the 

2017 fishing year, allows landing of 

barndoor skate in the directed skate 

wing fishery, and allows vessels fishing 

exclusively within the NAFO 

Regulatory Area the opportunity to 

retain and land skate in the United 

States, would result in increased 

economic opportunity to regulated 

entities by providing fishermen with 

additional fishing opportunities and 

enhance their operational flexibility. 

This action is not expected to have a 

significant economic impact on a 

substantial number of small entities. 

The effects on the regulated small 

entities in this analysis are expected to 

be positive relative to the no action 

alternative. Under the proposed action, 

small entities would not be placed at a 

competitive disadvantage relative to 

large entities, and the regulations would 

not reduce profits for any small entities. 

As a result, an initial regulatory 

flexibility analysis is not required and 

none has been prepared. 

This rulemaking would not establish 

any new reporting or record-keeping 

requirements. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Recordkeeping and 

reporting requirements. 

Dated: June 28, 2018. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 648 is proposed 

to be amended as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

■ 1. The authority citation for part 648 

continues to read as follows: 

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

■ 2. In § 648.14, revise paragraphs (v)(2) 

and (v)(4) to read as follows: 

§ 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 § 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 

§ 648.322(c); when fishing under a NE 

multispecies Category B DAS as 

described under § 648.322(b); when 

fishing under the incidental skate 

possession limit for vessels not under a 

DAS as described in § 648.322(b)(4); or 

when fishing in a NE multispecies DAS 

exemption program that allows the 

possession of skate or skate parts in an 

amount not to exceed 10 percent by 

weight of all other species on board, as 

specified in § 648.80(b)(3)(ii), without a 

NE multispecies or monkfish DAS. 

(iii) Discard any skate wings when in 

possession of barndoor skate wings. 

(iv) Retain, possess, or land smooth 

skates taken in or from the GOM RMA 

described at § 648.80(a)(1)(i). 

* * * * * 

(4) Presumption. For purposes of this 

part, the following presumption applies: 

All skates retained or possessed on a 

vessel are deemed to have been 

harvested in or from the Skate 

Management Unit, unless the 

preponderance of evidence 

demonstrates that such skates were 

harvested by a vessel, that has not been 

issued a Federal skate permit, fishing 

exclusively outside of the EEZ portion 

(such as fishing within the NAFO 

Regulatory Area under § 648.17(a)(3)) of 

the skate management unit or only in 

state waters. 

* * * * * 

■ 3. In § 648.17, add paragraph (a)(3) to 

read as follows: 

§ 648.17 Exemptions for vessels fishing in 

the NAFO Regulatory Area. 

(a) * * * 

(3) Skates. A vessel issued a valid 

High Seas Fishing Compliance Permit 

under part 300 of this title and that 

complies with the requirements 

specified in paragraph (b) of this section 

is exempt from skate permit and 

possession limit restrictions, specified 

in §§ 648.4, and 648.322, respectively, 

and from Atlantic sea scallop, NE 

multispecies, or monkfish DAS effort 

control restrictions specified in 

§§ 648.53, 648.82, and 648.92, 

respectively, and from mesh size and 

gear restrictions specified in §§ 648.51, 

648.80, and 648.91, respectively, while 

transiting the EEZ with skates on board 

the vessel, or landing skates in U.S. 

ports that were caught while fishing in 

the NAFO Regulatory Area. These 

vessels may possess, retain, and land 

barndoor skate; however, they may not 

possess, retain, or land other prohibited 

skate species specified in §§ 648.14(v) 

and 648.322(g). 

* * * * * 

■ 4. In § 648.80, revise paragraph 

(b)(3)(ii) to read as follows: 

§ 648.80 NE Multispecies regulated mesh 

areas and restrictions on gear and methods 

of fishing. 

* * * * * 

(b) * * * 

(3) * * * 

(ii) Possession and net stowage 

requirements. Vessels may possess 

regulated species while in possession of 

nets with mesh smaller than the 

minimum size specified in paragraphs 

(a)(4) and (b)(2) of this section when 

fishing in the SNE Exemption Area 

defined in paragraph (b)(10) of this 

section, provided that such nets are 

stowed and are not available for 

immediate use as defined in § 648.2, 

and provided that regulated species 

were not harvested by nets of mesh size 

smaller than the minimum mesh size 

specified in paragraphs (a)(4) and (b)(2) 

of this section. Vessels fishing for the 

exempted species identified in 

paragraph (b)(3)(i) of this section may 

also possess and retain the following 

species, with the restrictions noted, as 

incidental take to these exempted 

fisheries: Conger eels; sea robins; black 

sea bass; red hake; tautog (blackfish); 

blowfish; cunner; John Dory; mullet; 

bluefish; tilefish; longhorn sculpin; 

fourspot flounder; alewife; hickory 

shad; American shad; blueback herring; 

sea raven; Atlantic croaker; spot; 

swordfish; monkfish and monkfish 

parts—up to 10 percent, by weight, of 

all other species on board or up to 50 

lb (23 kg) tail-weight/166 lb (75 kg) 

whole weight of monkfish per trip, as 

specified in § 648.94(c)(4), whichever is 

less; American lobster—up to 10 

percent, by weight, of all other species 

on board or 200 lobsters, whichever is 

less; and skate and skate parts (except 

for barndoor skate and other prohibited 

skate species (see §§ 648.14(v)(2) and 

648.322(g))—up to 10 percent, by 

weight, of all other species on board. 

* * * * * 

■ 5. In § 648.322, revise paragraphs (b) 

and (g) to read as follows: 


amozie on DSK3GDR082PROD with PROPOSALS1
31358 Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Proposed Rules 

§ 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 §§ 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 2,600 

lb (1,179 kg) of skate wings (5,902 lb 

(2,677 kg) whole weight) per trip in 

Season 1 (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 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 650 

lb (295 kg) of barndoor skate wings 

(1,476 lb (670 kg) whole weight) per trip 

in Season 1, and 1,025 lb (465 kg) of 

barndoor skate wings (2,327 lb (1,056 

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 2,600 lb in Season 1 and 4,100 

lb 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. 

(2) NE multispecies Category B DAS. 

A vessel fishing on a declared NE 

multispecies Category B DAS described 

under § 648.85(b), 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 the 

allowable landing forms defined at 

paragraph (b)(5) of this section. These 

vessels may not possess or land 

barndoor skate, or any other prohibited 

skate species (see §§ 648.14(v)(2) and 

648.322(g)). 

(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. When the incidental possession 

limit is implemented, a vessel is 

allowed to possess and land up to 125 

lb (57 kg) of barndoor skate wings (284 

lb (129 kg) whole weight) per trip. 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 500 lb). 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. The inseason 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 this paragraph, 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 §§ 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 the allowable landing 

forms defined at paragraph (b)(5) of this 

section. These vessels may not possess 

or land barndoor skate, or any other 

prohibited skate species (see 

§§ 648.14(v)(2) and 648.322(g)). 

(5) 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. 

* * * * * 

(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 

§ 648.322(c); when fishing under a NE 

multispecies Category B DAS as 

described under § 648.322(b); when 

fishing under the incidental skate 

possession limit for vessels not under a 

DAS as described in § 648.322(b)(4); or 

when fishing in a NE multispecies DAS 

exemption program that allows the 

possession of skate or skate parts in an 

amount not to exceed 10 percent by 

weight of all other species on board, as 

specified in § 648.80(b)(3)(ii), without a 

NE multispecies or monkfish DAS. 

(3) Discard any skate wings when in 

possession of barndoor skate wings. 

(4) Retain, possess, or land smooth 

skates taken in or from the GOM RMA 

described at § 648.80(a)(1)(i). 

[FR Doc. 2018–14348 Filed 7–3–18; 8:45 am] 

BILLING CODE 3510–22–P 


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