50 C.F.R. Subpart O—Management Measures for the NE Skate Complex Fisheries
Title 50 - Wildlife and Fisheries
Source: 68 FR 49701, Aug. 19, 2003, unless otherwise noted.
(a) Annual review. The Council, its Skate Plan Development Team (), and its Skate Advisory Panel shall monitor the status of the fishery and the skate resources following implementation of the Skate FMP. (1) Starting 1 year after implementation of the Skate FMP, the Skate PDT shall meet at least annually to review the status of the species in the skate complex. At a minimum, this review shall include annual updates to survey indices and a re-evaluation of stock status based on the updated survey indices and the FMP's overfishing. (2) If new and/or additional information becomes available, the Skate PDT shall consider it during this annual review. Based on this review, the shall provide guidance to the Skate Committee and the Council regarding the need to adjust measures in the Skate FMP to better achieve the FMP's objectives. Any suggested revisions to management measures may be implemented through the framework process specified in §648.321, or through an amendment to the FMP. (3) For overfished skate species, the Skate PDT and the Council will monitor the trawl survey index as a proxy for stock biomass. As long as the 3–year average of the appropriate weight per tow increases above the average for the previous 3 years, it is assumed that the stock is rebuilding to target levels. If the 3–year average of the appropriate survey mean weight per tow declines below the average for the previous 3 years, then the Council is required to take management action to ensure that stock rebuilding will continue to target levels. (b) Biennial review. The Skate shall prepare a biennial Stock Assessment and Fishery Evaluation (SAFE) Report for the NE skate. The SAFE shall be the primary vehicle for the presentation of all updated biological and socio-economic information regarding the NE skate complex and its associated fisheries. The SAFE report shall provide source data for any adjustments to the management measures that may be needed to continue to meet the goals and objectives of the FMP. (c) Baseline review—(1) Baseline review process. If the Council initiates an action in another FMP that may make less restrictive one or more of the baseline measures described in paragraph (c)(2) of this section and as identified in the Skate FMP, or that may change one or more of the baseline measures such that the change is likely to have an effect on the overall mortality for a species of skate subject to a formal rebuilding program, the Skate PDT shall take the following action prior to the Council's final decision on the initiating action: (i) Evaluate the potential impacts of the proposed changes on rebuilding skate populations and overall mortality for the skate species subject to a formal rebuilding program, and develop, if the action would be inconsistent with the rebuilding plans, management measures (or modifications to the proposed action) to mitigate the impacts of the changes to the baseline measure(s) on rebuilding skates. (ii) If the Skate PDT recommends management measures to mitigate impacts, the Council shall include in the initiating action management measures to offset the changes to the baseline measures. The management measures recommended by the Council may be one or more of the measures recommended by the Skate PDT, or other suitable measures developed by the Council. (iii) If the Council fails to include in the initiating action management measures to offset the changes to the baseline measures when the Skate PDT recommends action, and cannot justify this lack of action, the Regional Administrator may implement one or more of the measures recommended by the Skate PDT through rulemaking consistent with the Administrative Procedure Act. (2) Baseline measures. The baseline review process, as described in paragraph (c)(1) of this section, is initiated by changes to any of the following management measures: (i) NE Multispecies year-round closed areas (§648.81); (ii) NE Multispecies DAS restrictions (§648.82); (iii) Gillnet gear restrictions (§648.82(k)); (iv) Lobster restricted gear areas (§697.23); (v) Gear restrictions for small mesh fisheries (§648.80(a)(5), (a)(9), and (a)(15)); (vi) Monkfish DAS restrictions for Monkfish-Only permit holders (§648.92); or (vii) Scallop DAS restrictions (§648.53). (a) Adjustment process. To implement a framework adjustment for the Skate FMP, the Council shall develop and analyze proposed actions over the span of at least two Council meetings (the initial meeting agenda must include notification of the impending proposal for a framework adjustment) and provide advance public notice of the availability of both the proposals and the analyses. Opportunity to provide written and oral comments shall be provided throughout the process before the Council submits its recommendations to the Regional Administrator. (1) Council review and analyses. In response to the annual review, or at any other time, the Council may initiate action to add or adjust management measures if it finds that action is necessary to meet or be consistent with the goals and objectives of the Skate FMP. After a framework action has been initiated, the Council will develop and analyze appropriate management actions within the scope of measures specified at §648.321(b). The Council will publish notice of its intent to take action and provide the public with any relevant analyses and opportunity to comment on any possible actions. Documentation and analyses for the framework adjustment shall be available at least 1 week before the final meeting. (2) Council recommendation. After developing management actions and receiving public testimony, the Council may make a recommendation to the Regional Administrator. The Council's recommendation shall include supporting rationale, an analysis of impacts required under paragraph (a)(1) of this section and a recommendation to the Regional Administrator on whether to issue the management measures as a final rule. If the Council recommends that the management measures should be issued directly as a final rule, the Council shall consider at least the following factors and provide support and analysis for each factor considered: (i) Whether the availability of data on which the recommended management measures are based allows for adequate time to publish a proposed rule, and whether regulations have to be in place for an entire harvest/fishing season; (ii) Whether there has been adequate notice and opportunity for participation by the public and members of the affected industry in the development of the Council's recommended management measures; (iii) Whether there is an immediate need to protect the resource or to impose management measures to resolve gear conflicts; and (iv) Whether there will be a continuing evaluation of management measures adopted following their implementation as a final rule. (3) If the Regional Administrator concurs with the Council's recommended management measures, they shall be published in the (4) If the Regional Administrator approves the Council's recommendations, the Secretary may, for good cause found under the standard of the Administrative Procedure Act, waive the requirement for a proposed rule and opportunity for public comment in the (5) The Regional Administrator may approve, disapprove, or partially approve the Council's recommendation. If the Regional Administrator does not approve the Council's specific recommendation, the Regional Administrator must notify the Council in writing of the reasons for the action prior to the first Council meeting following publication of such decision. (b) Possible framework adjustment measures. Measures that may be changed or implemented through framework action, provided that any corresponding management adjustments can also be implemented through a framework adjustment, include: (1) Skate permitting and reporting; (2) Skate overfishing definitions and related targets and thresholds; (3) Prohibitions on possession and/or landing of individual skate species; (4) Skate possession; (5) Skate closed areas (and consideration of exempted gears and fisheries); (6) Seasonal skate fishery restrictions and specifications; (7) Target TACs for individual skate species; (8) Hard TACs/quotas for skates, including species-specific quotas, fishery quotas, and/or quotas for non-directed fisheries; (9) Establishing a mechanism for TAC set-asides to mitigate , conduct scientific research, or for other reasons; (10) Onboard observer requirements; (11) Gear modifications, requirements, restrictions, and/or prohibitions; (12) Minimum and/or maximum sizes for skates; (13) Adjustments to exemption area requirements, area coordinates and/or management lines established by the FMP; (14) Measures to address protected species issues, if necessary; (15) Description and identification of EFH; (16) Description and identification of habitat areas of particular concern; (17) Measures to protect EFH; (18) Adjustments and or/resetting of the “baseline” of management measures in other, described in §648.320(c); (19) OY and/or MSY specifications; and (20) Any other measures contained in the FMP. (c) Emergency action. Nothing in this section is meant to derogate from the authority of the Secretary to take emergency action under section 305(c) of the Magnuson-Stevens Act. (a) Skate wing possession and landing limit. 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, unless otherwise exempted under paragraph (b) of this section, may fish for, possess, and/or land up to the allowable daily and per trip limits specified as follows: (1) Possess up to 20,000 lb (9,072 kg) of skate wings (45,400 lb (20,593 kg) whole weight) per trip of greater than 24 hours in duration; or (2) Land up to 10,000 lb (4,536 kg) of skate wings (22,700 lb (10,296 kg) whole weight) per trip of 24 hours or less in duration. (b) 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, provided that the following requirements and conditions are met: (1) The vessel owner or operator obtains an LOA. LOAs are available upon request from the Regional Administrator. (2) The vessel owner/operator possesses and/or lands only whole skates less than 23 inches (58.42 cm) total length. (3) The vessel owner or operator fishes for, possesses, or lands skates only for use as bait. (4) Vessels that fish for, possess, and/or land any combination of skate wings and whole skates less than 23 inches (58.42 cm) total length must comply with the possession limit restrictions under paragraph (a) of this section for all skates or skate parts on board. (5) Any vessel owner/operator meets the requirements at §648.13(h). (6) Skate bait-only possession limit LOA—The vessel owner or operator possesses and lands skates in compliance with this subpart for a minimum of 7 days. (c) Prohibitions on possession of skates. All vessels fishing in the EEZ portion of the Skate Management Unit are subject to the following prohibitions: (1) A vessel may not retain, possess, or land barndoor or thorny skates taken in or from the EEZ portion of the Skate Management Unit. (2) A vessel may not retain, possess, or land smooth skates taken in or from the GOM RMA described at §648.80(a)(1)(i). [68 FR 49701, Aug. 19, 2003, as amended at 69 FR 22988, Apr. 27, 2004]
Title 50: Wildlife and Fisheries
PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES
Subpart O—Management Measures for the NE Skate Complex Fisheries
§ 648.320 Skate FMP review and monitoring.
§ 648.321 Framework adjustment process.
§ 648.322 Skate possession and landing restrictions.
