[Federal Register Volume 62, Number 9 (Tuesday, January 14, 1997)]
[Rules and Regulations]
[Pages 1829-1832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-872]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Part 648
[Docket No. 960910252-6329-02; I.D. 082296B]
RIN 0648-AI77
Fisheries of the Northeastern United States; Atlantic Sea Scallop
Fishery; Amendment 5
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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[[Page 1830]]
SUMMARY: NMFS issues this final rule to implement Amendment 5 to the
Fishery Management Plan for the Atlantic Sea Scallop Fishery (FMP). The
final rule closes a 9 mi\2\ (23.31 km\2\) site to transiting and
fishing with other than hand gear for an 18-month period to allow for
the conduct of a NMFS-sponsored sea scallop aquaculture research
project, provides for exemptions from the closure for vessels using
certain gear types and for vessels participating in the project, and
provides for temporary exemptions for vessels participating in the
project from certain fishing regulations that might inhibit or prevent
their performing any activity necessary for project operations. The
intended effect of this action is to support the aquaculture research
project and prevent conflicts between fishing gear and project
equipment for the limited duration of the project.
EFFECTIVE DATE: February 13, 1997 through July 15, 1998.
ADDRESSES: Copies of Amendment 5, its regulatory impact review (RIR),
the initial regulatory flexibility analysis contained within the RIR,
and the environmental assessment are available from Christopher
Kellogg, Acting Executive Director, New England Fishery Management
Council, Suntaug Office Park, 5 Broadway, Saugus, MA 01906-1097.
Comments regarding burden-hour estimates for collection-of-
information requirements contained in this final rule should be sent to
Dr. Andrew A. Rosenberg, Regional Administrator, 1 Blackburn Drive,
Gloucester, MA 01930, and the Office of Information and Regulatory
Affairs, Office of Management and Budget (OMB), Washington, D.C. 20502
(Attention: NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: Paul H. Jones, Fishery Policy Analyst,
508-281-9273.
SUPPLEMENTARY INFORMATION: Amendment 5 to the FMP was prepared by the
New England Fishery Management Council (Council). A notice of
availability for the amendment when it was proposed, was published on
August 29, 1996 (61 FR 45395), and a proposed rule to implement it was
published on September 20, 1996 (61 FR 49428). Details of this action
were described in the preamble to the proposed rule and are not
repeated here.
Approved Management Measures
This final rule establishes a 9 mi\2\ (23.31 km\2\) area closure
approximately 12 mi (22.22 km) southwest of the island of Martha's
Vineyard, MA (hereinafter called the Sea Scallop Experimental Area), to
transiting and fishing with other than handgear for an 18-month period
to allow for the conduct of a NMFS-sponsored (Saltonstall-Kennedy (NOAA
Award NA 66FD0027)) sea scallop aquaculture research project and
provides for exemptions from the closure for vessels using certain gear
types and for vessels participating in the project.
Additionally, this final rule provides the Regional Administrator
(RA) with authority to temporarily exempt a vessel participating in the
project from any specific Federal fishing regulation which inhibits or
prevents the vessel from performing any activity necessary for project
operations, such as regulations prohibiting the use of nonconforming
fishing gear or the possession of scallops when not fishing under a DAS
allocation.
This action prohibits fishing other than with handgear within the
Sea Scallop Experimental Area for 18 months. However, fishing with gear
other than gillnet and mobile, i.e., trawls and dredges such as lobster
pots, longline, and any other gear determined by the RA as not likely
to interfere with the research project, will be allowed in the area
pursuant to an Allowable Gear Permit (AGP) issued by the RA. This
permit requirement will enable the RA to inform vessel operators of the
location of the research equipment and avoid potential conflicts
between fishery and project activities. Fishers authorized to fish in
the Sea Scallop Experimental Area under an AGP may also be required
periodically to remove their gear or may be required to set their gear
a certain minimum distance from research project activities. At least 2
weeks notice will be provided to vessel operators of any requirement to
relocate fishing gear.
All vessels will be allowed to transit the area at any time,
provided their fishing gear is properly stowed.
Vessels participating in the project will be allowed to fish within
and transit the Sea Scallop Experimental Area pursuant to an EFP issued
by the RA. Such EFP may exempt such vessel from specific Federal
fishing regulations which may inhibit or prevent that vessel from
performing any activity necessary for project operations such as
regulations prohibiting the use of non-conforming fishing gear or the
possession of scallops when not fishing under a DAS allocation. Vessels
issued an EFP are exempt from DAS requirements for any trip transiting
to and from, and conducted exclusively within, the Sea Scallop
Experimental Area, and for the portion of any trip used to transport
sea scallops from the fishing grounds to the area. The EFP also may
allocate and authorize the use of up to 2 additional DAS for the
collection of sea scallops from the fishing grounds for transportation
to the Sea Scallop Experimental Area. Vessels issued an EFP must comply
with all conditions and restrictions specified in the permit.
Comments and Responses
Written comments were received from one individual.
Comment: The commenter expressed concern about lobster gear that is
typically fished in a portion of the Sea Scallop Experimental Area for
about 6 months per year, and whether the project managers will be able
to work around lobster gear during the research project period.
Response: The Regional Administrator will issue AGPs to lobster pot
vessels interested in fishing within the Sea Scallop Experimental Area.
Lobster fishers may be required to remove their gear periodically or
may be required to set fishing gear a certain minimum distance from
research project activities. The AGP program provides a means by which
to communicate the dates and specific locations of project equipment
and activities to those who are fishing in the area. At least 2 weeks
notice will be provided prior to activities that would require removal
of fishing gear. A minimum of 4 weeks notice will be provided in the
event that more than 25 percent of the closed area is involved. NMFS
will continue to stress to the principal NOAA grant investigators for
the project that communication between fishers and project managers be
maintained for the duration of the project to prevent conflicts.
Changes From the Proposed Rule
Changes were made to Sec. 648.56(a) to clarify which permits are
required for vessels participating in the sea scallop aquaculture
research project or fishing within the Sea Scallop Experimental Area,
but not participating in the project. Editorial simplifications and
clarifications were made throughout the rule.
Classification
The Regional Administrator determined that this final rule is
necessary for the conservation and management of the Atlantic sea
scallop fishery and that it is consistent with the Magnuson-Stevens Act
Fishery Conservation and Management Act (Magnuson-Stevens Act) and
other applicable law.
[[Page 1831]]
This final rule has been determined to be significant for the
purposes of E.O. 12866. The action raises a novel legal or policy issue
arising out of a legal mandate under the Magnuson-Stevens Act, in that
it may be viewed as setting a precedent for establishing other
aquaculture efforts in the exclusive economic zone.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration when this rule was proposed that it
would not have a significant economic impact on a substantial number of
small entities. The comment received and the changes made to the rule
do not change the basis for that certification. Accordingly, a
regulatory flexibility analysis was not prepared.
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act (PRA) unless that collection of information
displays a currently valid OMB control number.
This rule contains one new collection-of-information requirement
subject to the PRA. This collection-of-information requirement has been
approved by OMB, and the OMB control number and public reporting burden
are listed as follows: Sea Scallop Experimental Area authorization
request, (0.5 hours/response) under OMB Control Number 0648-0321.
The estimated response time includes the time needed for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection-of-information. Send comments regarding this burden
estimate, or any other aspect of the collection-of-information to NMFS
and OMB (see ADDRESSES).
NMFS reinitiated consultation on the Atlantic Sea Scallop FMP on
October 7, 1996. This consultation will consider new information
concerning the status of the northern right whale. The Regional
Administrator has determined that the implementation of Amendment 5,
pending completion of that consultation, will not result in any
irreversible or irretrievable commitment of resources that would have
the effect of foreclosing the formulation or implementation of any
reasonable and prudent alternative measures.
List of Subjects
15 CFR Part 909
Reporting and recordkeeping requirements.
50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: January 8, 1997.
Charles Karnella,
Acting Deputy Assistant Administrator for Fisheries, National Marine
Fisheries Service.
For the reasons set out in the preamble, 15 CFR chapter IX and 50
CFR chapter VI are amended as follows:
15 CFR CHAPTER IX
PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT; OMB CONTROL NUMBERS
1. The authority citation for part 902 continues to read as
follows:
Authority: 44 U.S.C. 3501 et seq.
2. In Sec. 902.1, in paragraph (b), the table is amended by adding,
in numerical order, the following entry to read as follows:
Sec. 902.1 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
* * * * *
(b) * * *
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Current OMB
control
CFR part or section where the information collection number (all
requirement is located numbers
begin with
0648-)
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* * * * * * *
50 CFR
* * * * *
648.56..................................................... -0321
* * * * *
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50 CFR CHAPTER VI
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
3. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
4. In Sec. 648.14, paragraph (a)(96) is added to read as follows:
Sec. 648.14 Prohibitions.
(a) * * *
(96 ) Fish within or transit, with other than handgear, the Scallop
Experimental Area defined in Sec. 648.56(a)(1), except as provided for
in Sec. 648.56 (a)(2) and (a)(3).
* * * * *
5. Section 648.56 is added to subpart D to read as follows:
Sec. 648.56 Scallop research project.
(a)(1) Scallop experimental area. From February 13, 1997 through
July 15, 1998, no fishing vessel or person on a fishing vessel may fish
within or transit, with other than handgear, the area known as the Sea
Scallop Experimental Area, as defined by straight lines connecting the
following points in the order stated, except as provided for in
paragraphs (a)(2) and (a)(3) of this section:
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Point Latitude Longitude
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1.............................. 41 deg.11.8' N. 70 deg.50' W.
2.............................. 41 deg.11.8' N. 70 deg.46' W.
3.............................. 41 deg.08.8' N. 70 deg.46' W.
4.............................. 41 deg.08.8' N. 70 deg.50' W.
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(2) Exemptions. A fishing vessel and persons on a fishing vessel
may fish within or transit the Sea Scallop Experimental Area:
(i) With pot gear and traps, longline gear, or any other gear,
provided such pot gear and traps, longline gear, or other gear is
determined by the Regional Director as not likely to interfere with the
sea scallop aquaculture research project in the Sea Scallop
Experimental Area, and provided such vessel has been issued an allowed
gear permit (AGP) under paragraph (a)(4)(i) of this section; or
(ii) If such vessel has been issued an experimental fishing permit
(EFP) under paragraph (a)(4)(i) of this section to participate in the
sea scallop aquaculture research project in the Sea Scallop
Experimental Area.
(3) Transiting. Vessels that are not exempted from the prohibition
against fishing within or transiting the Sea Scallop Experimental Area
under paragraph (a)(2) of this section may transit such area provided
their gear is stowed in accordance with the provisions of
Sec. 648.81(e).
(4) Allowed gear and experimental fishing permits--(i) Allowed gear
permits. The Regional Director may issue an AGP to any vessel to fish
within and transit the Sea Scallop Experimental Area with the gear
specified in paragraphs (a)(2)(i) of this section. Vessels issued an
AGP may be required to move their gear within, or remove their gear
from, the area upon notification by the Regional Director and must
comply with any additional conditions and restrictions specified in the
permit.
[[Page 1832]]
(ii) Experimental fishing permits. The Regional Director may issue
an EFP under the provisions of Sec. 648.12, if consistent with the
provisions of paragraph (a)(4)(iv) of this section, to any vessel
participating in the sea scallop aquaculture research project to fish
within and transit the Sea Scallop Experimental Area. Such an EFP may
exempt such vessel from specific Federal fishing regulations which may
inhibit or prevent that vessel from performing any activity necessary
for project operations such as regulations prohibiting the use of non-
conforming fishing gear or the possession of scallops when not fishing
under a DAS allocation. Vessels issued an EFP shall be exempted from
DAS requirements as specified in the FMP for any trip in which the
vessel engages exclusively in project activities such as bottom
surveying, biological sampling, or use of non-regulated hand gear
outside the Sea Scallop Experimental Area. The EFP also may allocate
and authorize the use of up to 2 additional DAS for project activities
relating to scallop seeding. Vessels issued an EFP must comply with all
conditions and restrictions specified in the permit.
(iii) A vessel with an AGP or EFP must carry the permit on board
the vessel while fishing in the Sea Scallop Experimental Area or
participating in the scallop aquaculture project.
(iv) The Regional Director may not issue an AGP or EFP unless he
determines that issuance is consistent with the objectives of the FMP,
the provisions of the Magnuson-Stevens Act, and other applicable law
and will not:
(A) Have a detrimental effect on the sea scallop resource and
fishery;
(B) Create significant enforcement problems; or
(C) Have a detrimental effect on the scallop project.
(5) Application. An application for an AGP or EFP must be in
writing to the Regional Director and be submitted at least 30 days
before the desired effective date of the permit. The application must
include, but is not limited to, the following information:
(i) The date of application.
(ii) The applicant's name, current address, telephone number and
fax number if applicable.
(iii) The current vessel name, owner address, and telephone number.
(iv) The vessel's Federal permit number.
(v) The USCG documentation number.
(vi) The species (target and incidental) expected to be harvested.
(vii) The gear type, size, buoy colors, trap identification
markings and amount of gear that will be used; and exact time(s)
fishing will take place in the Sea Scallop Experimental Area.
(viii) The signature of the applicant.
(b) [Reserved]
[FR Doc. 97-872 Filed 1-13-97; 8:45 am]
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