Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Proposed Rules 48781 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. For additional information, 

see the direct final rule which is located 

in the Rules section of this Federal 

Register. 

Dated: October 10, 2017. 

Robert A. Kaplan, 

Acting Regional Administrator, Region 5. 

[FR Doc. 2017–22706 Filed 10–19–17; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 170710645–7645–01] 

RIN 0648–BH03 

Fisheries of the Northeastern United 

States; Northeast Skate Complex; 

Framework Adjustment 4 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: We propose regulations 

submitted by the New England Fishery 

Management Council in Framework 

Adjustment 4 to the Northeast Skate 

Complex Fishery Management Plan. We 

are proposing to de-couple the skate 

wing and bait inseason trip limit 

adjustments to better control the catch 

of bait skate and to provide a more 

consistent supply of skate bait to the 

lobster fishery. This action also clarifies 

that in-season possession limits may be 

removed when necessary to help harvest 

the fisheries total allowable landings. 

This action is needed to allow the 

fishery to more effectively harvest its 

optimum yield. 

DATES: Public comments must be 

received by November 6, 2017. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2017–0099, 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-2017-0099, click the 

‘‘Comment Now!’’ icon, complete the 

required fields, and enter or attach your 

comments. 

• Mail: Submit written comments to 

John K. Bullard, Regional 

Administrator, National Marine 

Fisheries Service, 55 Great Republic 

Drive, Gloucester, MA 01930–2276. 

Mark the outside of the envelope: 

‘‘Comments on Skate Framework 4.’’ 

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 4 that 

describes the proposed action and other 

considered alternatives. The EA 

provides a thorough 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 4 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.greateratlantic.fisheries.noaa.gov/ 

or http://www.nefmc.org. 

FOR FURTHER INFORMATION CONTACT: 

William Whitmore, Fishery Policy 

Analyst, (978) 281–9182. 

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). Fishery 

specific allocations, called total 

allowable landings (TALs), are set 

through biennial specifications. 

Additional information on the skate 

fisheries can be found online at https:// 

www.greateratlantic.fisheries.noaa.gov/ 

sustainable/species/skate/index.html. 

While the wing and bait fisheries have 

several differing management measures, 

such as possession limits, the 

management measures for the two 

fisheries are closely related. Generally, 

the bait fishery operates under an 

exemption from the wing fishery 

possession limits. The bait fishery is 

managed under a 3-season fishing year: 

Season 1 is May 1 through August 31; 

Season 2 is September 1 through 

October 31; and, Season 3 is November 

1 through April 30. When the bait 

fishery reaches a TAL threshold trigger 

of 90 percent of a season’s TAL, an inseason accountability measure for the 

bait fishery removes the exemption to 

the wing-fishery possession limit. When 

this happens, the exemption is removed 

and the bait fishery possession limit 

reverts to the substantially lower wing 

possession limit. Additional 

information on previous and current 

skate management measures can be 

reviewed through the Council’s Web site 

at http://www.nefmc.org/managementplans/skates. 

The linked accountability measures 

for these fisheries recently became 

problematic, during fishing year 2016 

(Figure 1). Framework Adjustment 3 

included a 23-percent reduction in the 

TAL for fishing years 2016–2017. 

Because of the reduced allocation, the 

skate bait TAL threshold trigger was 

reached twice, requiring us to 

implement incidental possession limits 

in Season 2 (81 FR 71641; October 18, 

2016) and Season 3 (82 FR 8364; 

January 25, 2017). The first time, the 

bait fishery possession limit was 

reduced from 25,000 lb (11,340 kg) per 

trip to the standard skate wing 

possession limit (9,307 lb or 4,222 kg). 

The second time, however, the bait 

possession limit was reduced 

simultaneously with the wing 

possession limit because the wing 

fishery had reached its TAL threshold 

trigger of 85 percent. This adjustment, to 

an incidental possession limit of 1,135 

lb (515 kg) per trip, effectively closed 

the skate bait fishery. This closure had 

substantial negative impacts on the 

lobster fishery due to the lack of 

available bait. 

In response to the closure, the Council 

developed Framework 4 to reduce the 

likelihood of a lengthy in-season closure 

while ensuring bait landings do not 

exceed the TAL. 

Proposed Measures 

This action proposes several measures 

designed to de-couple the skate wing 

and bait in-season possession limit 


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48782 Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Proposed Rules 

accountability measures, control catch, 

and potentially provide a more 

consistent bait supply to the lobster 

fishery. Generally, these changes are 

intended to slow fishing effort and catch 

to prevent or reduce the need for a 

lengthy fishery closure while still 

allowing the fishery to catch its TAL. 

Figure 2 shows how in-season 

accountability measures would be 

implemented if Framework 4 were 

approved. We are proposing the 

following measures, as recommended by 

the Council. 

1. Reduce the Season 3 Bait Skate 

Possession Limit 

This measure would reduce the 

Season 3 (November through April) 

possession limit from 25,000 lb (11,340 

kg) to 12,000 lb (5,443 kg). Because 

Season 3 is the longest season in the bait 

fishery (6 months), reducing the trip 

limit should slow the catch rate and 

lessen the chance of closing the fishery. 

2. Reduce the Season 3 Bait Skate TAL 

Threshold Trigger 

This measure would change the 

Season 3 TAL threshold trigger at which 

the incidental possession limit would 

become effective. Similar to the 

proposed trip limit reduction, dropping 

the TAL threshold trigger from 90 to 80 

percent means that the incidental 

possession limit would be enacted 

sooner, which would slow catch rates 

and diminish the likelihood of closing 

the fishery. 

3. Establish a Separate Bait Skate 

Incidental Possession Limit 

As previously explained (and detailed 

in Figure 1), the current regulations link 

the bait skate incidental possession 

limit to the skate wing fishery 

possession limit. Currently, the bait 

skate incidental possession limit is 

equivalent to the skate wing possession 

limit. This action proposes to de-couple 

the in-season accountability measures 

for the two fisheries and establish an 

8,000-lb (3,629-kg) incidental 

possession limit whenever the skate bait 

fishery is projected to reach a seasonal 

threshold trigger. 

Once implemented, an incidental 

possession limit could be removed and 

the standard trip limit reinstated if catch 

projections indicate the TAL will not be 

harvested and removing the limits are 

not expected to result in exceeding the 

TAL. 

4. Implement a Bait Skate Fishery 

Closure When the TAL Is Harvested 

This measure would close the bait 

fishery when 100 percent of the bait 

TAL is projected to be harvested. 

Currently, there is no measure to close 

the fishery; the incidental possession 

limits for the bait fishery are linked to 

the wing fishery. Adding this measure 

would better ensure that the skate bait 

fishery does not exceed its TAL. 

5. Removal of Incidental Possession 

Limit if Necessary To Achieve TAL 

This action would also clarify, under 

the authority of section 305(d) of the 

Magnuson-Stevens Fishery 

Conservation and Management Act, 

regulations pertaining to in-season 

possession limit reductions (incidental 

possession limits) in the skate fishery. If 

NMFS determines that an in-season 

possession limit reduction could 

prohibit the skate bait fishery from 

achieving its annual TAL, NMFS may 

remove the in-season reduction and 

reinstate the standard seasonal 

possession limit. A similar action was 

taken during fishing year 2016 (82 FR 

13564, March 14, 2017) and language is 

proposed at 50 CFR 648.322(f) to better 

clarify the regulations to be consistent 

with the intent of the Council. 

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Figure 1. Flow Chart Depicting Skate Bait and Skate Wing Season 2 and 3 In-Seasor 

Closures During Fishing Year 2016. 

Season 3 

Simultaneous Trigger 

(January 30, 2017) 

85 percent 

Skate Wing TAL 

Figure 2. Flow Chart Depicting Changes Proposed in Framework Adjustment 4 for Skate 

Bait Season 3. 

80 percent 

Skate Bait TAL 

100 percent 

Skate Bait TAL 

85 percent 

Skate Wing TAL 
48784 Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Proposed Rules 

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 4, 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. 

This proposed rule does not contain 

policies with federalism or ‘‘takings’’ 

implications as those terms are defined 

in E.O. 13132 and E.O. 12630, 

respectively. 

An Initial Regulatory Flexibility 

Analysis (IRFA) was prepared for this 

proposed rule, as required by section 

603 of the Regulatory Flexibility Act 

(RFA), 5 U.S.C. 603. The IRFA describes 

the economic impact that this proposed 

rule would have on small entities, 

including small businesses, and also 

determines ways to minimize these 

impacts. The IRFA includes this section 

of the preamble to this rule and analyses 

contained in Framework 4 and its 

accompanying EA/RIR/IRFA. A copy of 

the full analysis is available from the 

Council (see ADDRESSES). A summary of 

the IRFA follows. 

Description of the Reasons Why Action 

by the Agency Is Being Considered and 

Statement of the Objectives of, and 

Legal Basis for, This Proposed Rule 

A description of the action, why it is 

being considered, and the legal basis for 

this action are contained in the 

preamble of this proposed rule. 

Description and Estimate of the Number 

of Small Entities to Which This 

Proposed Rule Would Apply 

The proposed modifications to skate 

bait fishery effort controls would impact 

vessels that hold Federal open access 

commercial skate permits that 

participate in the skate fishery or 

affiliated groups that hold multiple 

open access commercial skate permits 

that participate in the skate fishery. 

Within the skate bait fishery, the 

majority of affiliate groups consist of a 

single permit-holder, or 71 vessels in 

fishing year 2015. Four vessels belong to 

affiliated groups that hold two or more 

permits. 

For RFA purposes only, NMFS has 

established a small business size 

standard for businesses, including their 

affiliates, whose primary industry is 

commercial fishing (see 50 CFR 200.2). 

A business primarily engaged in 

commercial fishing (NAICS code 11411) 

is classified as a small business if it is 

independently owned and operated, is 

not dominant in its field of operation 

(including its affiliates), and has 

combined annual receipts not in excess 

of $11 million for all its affiliated 

operations worldwide. The Council’s 

analysis indicates the maximum number 

of small fishing entities that may be 

affected by this action is 69 (71 vessels), 

based on 2015 data. During fishing year 

2015, only 69 affiliated groups landed 

any amount of skate for bait. At the 

permit level, every skate landing permit 

is defined as a small business according 

to size standards (the top five vessels 

have total revenues between 600 

thousand and 1.9 million dollars in 

2015). 

Description of the Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements of This Proposed Rule 

This action does not introduce any 

new reporting, recordkeeping, or other 

compliance requirements. 

Federal Rules Which May Duplicate, 

Overlap, or Conflict With This Proposed 

Rule 

The proposed regulations do not 

create overlapping regulations with any 

state regulations or other federal laws. 

Description of Significant Alternatives 

to the Proposed Action Which 

Accomplish the Stated Objectives of 

Applicable Statutes and Which 

Minimize Any Significant Economic 

Impact on Small Entities 

The Council considered revising the 

skate bait threshold trigger, reduced 

possession limit, and closure 

independently, but elected to include 

all of the measures into a single action. 

The Council was concerned that 

independently, the measures would not 

restrict catch enough and leave the 

fishery at risk of a substantial closure 

with accompanying economic impacts. 

Incorporating all of the measures 

proposed accomplishes the goals and 

objectives of the FMP and minimizes 

the economic impact on small entities. 

Retaining the status quo management 

measures would not slow catch and 

would result in the fishery having a 

higher likelihood of closing for an 

extended period, resulting in greater 

profit losses to industry. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Recordkeeping and 

reporting requirements. 

Dated: October 16, 2017. 

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 § 648.322, revise paragraphs (c) 

through (e) and add paragraphs (f) and 

(g) to read as follows: 

§ 648.322 Skate allocation, possession, 

and landing provisions. 

* * * * * 

(c) Bait Letter of Authorization (LOA). 

A skate vessel owner or operator under 

this part may request and receive from 

the Regional Administrator an 

exemption from the skate wing 

possession limit restrictions for a 

minimum of 7 consecutive days, 

provided that when the vessel is fishing 

pursuant to the terms of authorization at 

least the following requirements and 

conditions are met: 

(1) The vessel owner or operator 

obtains and retains onboard the vessel a 

valid LOA. LOAs are available upon 

request from the Regional 

Administrator. 

(2) The vessel owner or operator 

fishes for, possesses, or lands skates 

only for use as bait. 

(3) The vessel owner or operator 

possesses or lands no more than 25,000 

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

during Seasons 1 or 2 and no more than 

12,000 lb (5,443 kg) of whole skates per 

trip during Season 3. 

(4) The vessel owner or operator 

possesses or lands only whole skates 

less than 23 inches (58.42 cm) total 

length, and does not possess or land any 

skate wings or whole skates greater than 

23 inches (58.42 cm) total length. 

(5) Vessels that choose to possess or 

land skate wings during the 

participation period of this letter of 

authorization must comply with 

possession limit restrictions under 

paragraph (b) of this section for all 

skates or skate parts on board. Vessels 

possessing skate wings in compliance 

with the possession limit restrictions 

under paragraph (b) may fish for, 

possess, or land skates for uses other 

than bait. 

(6) The vessel owner or operator 

complies with the transfer at sea 

requirements at § 648.13(h). 


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(d) In-season adjustment of skate bait 

possession limits. When the Regional 

Administrator projects that 90 percent 

of the skate bait fishery seasonal quota 

has been landed in Seasons 1 or 2, or 

80 percent of the annual skate bait 

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 bait trip limit to 8,000 

lb (3,629 kg) of whole skates for the 

remainder of the quota period, unless 

such a reduction would be expected to 

prevent attainment of the seasonal quota 

or annual TAL. 

(e) In-season closure of skate bait 

fishery. When the Regional 

Administrator projects that 100 percent 

of the skate bait fishery TAL will be 

landed, the Regional Administrator 

shall, through a notice in the Federal 

Register consistent with the 

Administrative Procedure Act, close the 

skate bait fishery, unless such a closure 

would be expected to prevent 

attainment of the annual TAL. During a 

skate bait fishery closure all skate bait 

LOAs as described in paragraph (c) of 

this section are void. All skates 

harvested and landed during a skate bait 

fishery closure will be attributed 

towards the skate-wing TAL as 

described in this section. 

(f) Removal of in-season possession 

limit reductions. If it is determined that 

an in-season trip limit reduction as 

described in paragraphs (d) and (e) of 

this section could prohibit the skate bait 

fishery from achieving its annual TAL, 

the in-season reduction may be 

removed. 

(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 barndoor 

or thorny skates taken in or from the 

EEZ portion of the Skate Management 

Unit. 

(2) Retain, possess, or land smooth 

skates taken in or from the GOM RMA 

described at § 648.80(a)(1)(i). 

[FR Doc. 2017–22719 Filed 10–19–17; 8:45 am] 

BILLING CODE 3510–22–P 


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