[Federal Register Volume 63, Number 243 (Friday, December 18, 1998)]
[Proposed Rules]
[Pages 70093-70096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33483]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. ; I.D. 110998F]
RIN 0648-AJ33
Fisheries of the Northeastern United States; Amendment 7 to the
Atlantic Sea Scallop Fishery Management Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 70094]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule, request for comments.
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SUMMARY: NMFS proposes regulations to implement proposed Amendment 7 to
the Fishery Management Plan (FMP) for the Atlantic Sea Scallop Fishery.
Amendment 7 and these proposed regulations would reduce the fishing
mortality rate in the Atlantic sea scallop fishery to eliminate
overfishing and rebuild the biomass in accordance with the requirements
of the Sustainable Fisheries Act (SFA). Amendment 7 and these proposed
regulations would substantially reduce the level of fishing for
Atlantic sea scallops in the exclusive economic zone (EEZ) through
fishing year 2008 by revising the fishing effort reduction schedule
presently in effect by significantly reducing the allowable days-at-sea
(DAS) for Atlantic sea scallop vessels starting with fishing year 2000.
A less severe reduction is proposed for fishing year 1999. In addition,
Amendment 7 and these proposed regulations would implement an annual
monitoring process, increase the types of management measures that
would be put into effect through framework adjustments, and continue
two Mid-Atlantic closed areas until March 1, 2001. The intent of
Amendment 7 and these proposed regulations is to eliminate overfishing
and rebuild the stocks.
DATES: Comments must be received on or before January 29, 1999.
ADDRESSES: Comments on this proposed rule should be sent to Jon C.
Ratters, Acting Regional Administrator, 1 Blackburn Drive, Gloucester,
MA 01930. Mark the outside of the envelope, ``Comments on Proposed Rule
for Amendment 7.''
Copies of Amendment 7, its regulatory impact review (RIR), initial
regulatory flexibility analysis (IRFA), the final supplemental
environmental impact statement (FSEIS), and the supporting documents
for Amendment 7 are available from Paul J. Howard, Executive Director,
New England Fishery Management Council, 5 Broadway, Saurus, MA 01906-
1036.
FOR FURTHER INFORMATION CONTACT: Paul H. Jones, Fishery Policy Analyst,
978-281-9273.
SUPPLEMENTARY INFORMATION:
Proposed Management Measures
Amendment 7 to the FMP was prepared by the New England Fishery
Management Council (Council). A notice of availability for the proposed
amendment was published in the Federal Register on November 18, 1998
(63 FR 64032). The amendment would: (1) Redefine overfishing; (2)
revise the existing fishing mortality reduction schedule through
fishing year 2008 to reduce the allowable DAS for Atlantic sea scallop
vessels in order to rebuild the scallop stock within 10 years; (3)
establish an annual monitoring and review process to adjust management
measures to meet the stock rebuilding objectives; (4) continue the Mid-
Atlantic closed areas in order to protect high concentrations of
juvenile scallops; and (5) allow the following management measures to
be implemented and adjusted through framework adjustment: Closed areas,
changes in the overfishing definition, size restrictions, aquaculture
projects, and four DAS management options, including leasing DAS. The
most contentious feature of Amendment 7 is the proposed stock
rebuilding schedule that would set the allocation for fishing year 1999
at 120 DAS. Under the existing schedule, DAS would be 108 days for
fishing year 1999. The allocation for fishing year 2000 would be
reduced to 51 DAS and would remain low for the remainder of the 10-year
rebuilding period. The intent of Amendment 7 is to eliminate
overfishing and rebuild the stock consistent with new requirements of
the Magnuson-Stevens Act. Amendment 4 was implemented in 1994 and
included restrictions on DAS that were to be phased in over a 7-year
rebuilding period as the primary means of achieving fishing mortality
reductions. In 1997, the Council's Plan Development Team (PDT)
evaluated the current FMP's effectiveness in achieving the target
fishing mortality rate. The PDT concluded that further reductions in
DAS (to 80 DAS) than originally scheduled (to 108 days) would be
necessary for the 1998 - 1999 fishing years. The Council voted against
the PDT recommendation to reduce DAS and proposed an interim action to
close two Mid-Atlantic areas until March 26, 1999. These closures serve
to protect concentrations of juvenile scallops in order to achieve
spawning stock biomass targets.
The current fishing mortality rate is 1.05 in the Mid-Atlantic,
0.51 on Georges Bank, and 0.94 for the overall scallop resource. The
recommended fishing mortality rate to reduce overfishing and rebuild
biomass in accordance with the SFA requirements is currently estimated
at 0.24 for the resource.
To achieve the necessary mortality rate reductions, proposed
Amendment 7 would continue reduction of fishing effort through
significant reductions in DAS. For fishing year 1999 (which begins on
March 1, 1999), DAS would be set at 120 for full-time, 48 for part-
time, and 10 for occasional vessels.
The 120 DAS for fishing year 1999 is greater than the PDT's 1997
estimation of the DAS that would be needed to achieve the target
mortality rate levels previously set by Amendment 4 (80 DAS). The
Council decided to propose an intermediate level of 120 DAS for fishing
year 1999 in order to minimize adverse social and economic impacts on
the scallop fleet during the first year of the revised schedule, to
allow the Council to further develop and consider rotational scallop
closed areas, and to allow industry and the Council time to develop a
vessel buyback program. Setting the DAS level at an intermediate level
in the first year, means greater reductions in DAS during years 2-10.
In year two, beginning on March 1, 2000, DAS would be reduced to 51 for
full-time vessels and proportionately for the other categories. DAS are
projected to remain below this level until year 10 of the program
(2008). Annual monitoring and adjustment would allow increases in the
DAS allocated if mortality and biomass levels needed to achieve a 10-
year rebuilding schedule were attained.
If the effective date of the final rule implementing Amendment 7
falls after the start of the fishing year on March 1, 1999, fishing may
continue. However, DAS used by a vessel on or after March 1, 1999, will
be counted against any DAS allocation the vessel ultimately receives
for the fishing year beginning March 1, 1999, through February 29,
2000.
Amendment 7 would redefine overfishing to mean:
If stock biomass is equal to or greater than MSY, as measured by
the NMFS sea scallop survey weight per tow index of sea scallops age
3 and older, overfishing occurs when fishing mortality exceeds MSY,
currently estimated at 0.24. If stock biomass is below MSY,
overfishing occurs when fishing mortality exceeds the level that has
a 50-percent probability to rebuild stock biomass to MSY in 10
years. The stock is in an overfished condition when stock biomass is
below 1/4 MSY, and overfishing occurs when fishing mortality is
above zero.
Amendment 7 would continue the Virginia Beach and Hudson Canyon
scallop closures until March 1, 2001, originally closed on an interim
basis from April 3, 1998, through September 27, 1998 (63 FR 15324,
March 31, 1998), and extended again on September 28, 1998, through
March 26, 1999 (63 FR 51862, September 29, 1998). The intent of this
action is to afford continued protection to the resource by protecting
high concentrations of 4-year-old
[[Page 70095]]
scallops. The benefits of these two closures will be evident through a
more balanced age structure of the scallop stock. Also, significant
reductions in fishing mortality and increases in yield per recruit are
possible from the relatively small closures. Fishers pursuing species
other than scallops will not be excluded from the closed areas.
Amendment 7 proposes an annual review by the Scallop PDT to
evaluate the condition of the scallop resource and the effectiveness of
the measures in achieving the stock-rebuilding objectives. The second
review process scheduled for 1999 specified by Amendment 4 would be
eliminated. In addition, the following framework measures are proposed:
(1) Modifications to the overfishing definition; (2) leasing of DAS
(provided that the Council holds a full set of public hearings); (3)
scallop size restrictions; (4) approval of aquaculture projects; (4)
modifications to Mid-Atlantic closed areas; (5) modifications to the
demarcation line for DAS monitoring; (6) allocate DAS according to gear
type; (7) implement closed areas to lessen DAS reductions; and (8)
implement closed areas to increase scallop size.
Classification
At this time, NMFS has not determined that the amendment that this
rule would implement is consistent with the Magnuson-Stevens Act and
with other applicable laws. NMFS, in making that determination, will
take into account the data, views, and comments received during the
comment period.
The Council prepared a FSEIS for the amendment; a notice of
availability for the Draft EIS was published on June 26, 1998 (63 FR
34871). The proposed action will substantially reduce the level of
fishing in the Atlantic sea scallop fishery in the EEZ.
This proposed rule has been determined to be significant for
purposes of E.O. 12866.
To comply with the requirements of the Regulatory Flexibility Act
(SFA), the Council prepared an IRFA that describes the impact this
proposed rule, if adopted, would have on small entities.
The Council initially considered three alternatives: (1) A baseline
or status quo alternative based upon management measures implemented
under Amendment 4 to the FMP, (2) a 7-year rebuilding plan, and (3) a
10-year rebuilding plan. After receiving comments on the DEIS for
Amendment 7, the Council decided to add a new option as its preferred
alternative that would still have an ambitious rebuilding schedule in
years 2 through 10 of the plan but not in year one compared to the 7
and 10-year rebuilding plan. Under the baseline or status quo
alternative, the DAS for full-time vessels would have been reduced from
142 in this current fishing year to 80 in year one to comply with
Amendment 4. Instead, under the preferred alternative, the DAS for
full-time vessels would be 120 in year one, a measure that would reduce
the first year impacts on small entities compared to any of the other
alternatives considered. The Council hopes that this will allow enough
time for a buyout plan to be implemented for some vessels wishing to
leave the sea scallop fishery (i.e., the total DAS available to the
fishery would be divided among less vessels beginning in March 2000).
Also, during the first year of effectiveness of the preferred
alternative enough data might be collected in areas currently closed to
harvest of groundfish and sea scallops to allow for some rotational,
seasonal openings of these areas to harvest scallops. This approach is
designed to minimize economic impacts on small entities, especially in
the first year that the Amendment is effective. Recognizing the
limitations on implementing the Council's recommendations under the
Magnuson-Stevens Act, NMFS seeks comments on these alternatives and any
others that may achieve the objectives of the rulemaking while
minimizing its economic impact on small entities.
The proposed action would reduce the overall scallop revenues of
the fleet by approximately 38 percent in the year 2000 (compared to the
baseline) and by about 10 percent in the year 2007. A change in DAS is
assumed to reduce a vessel's landings almost in the same proportion.
Ex-vessel prices may increase to some extent as landings decrease. Of
the full-time vessels, 184 of the 197 vessels derived more than 60
percent of their income from scallops in 1997. Of the 31 part-time
vessels, 23 derived at least 31 percent of their income from scallops
in 1997.
In the 1997 fishing year, there were only 26 vessels with limited
access occasional permits, and only 5 of these vessels landed any
scallops. These vessels did not have much dependence on the scallop
fishery, and derived less than 5 percent of their revenues from
scallops. Therefore, the proposed regulations are not expected to
significantly affect occasional scallop permit holders. Except in 1999,
more than 2 percent of the full-time vessels may be forced to cease
operations each year from the years 2000 through 2007.
If the draft Monkfish FMP is approved and implemented about the
same time as Amendment 7 to the Atlantic Sea Scallops FMP, scallop
vessels will be restricted to landing their monkfish while using their
scallop DAS. The percentage of total annual revenues from monkfish
landed while not on scallop trips is 8.3 percent for full-time dredges,
7.9 percent for part-time dredges, and 0.2 percent for occasional
dredges. For scallop trawlers it is 12 percent, 2 percent for full-time
vessels, 4 percent for part-time vessels and 6.1 percent for occasional
vessels. A copy of this analysis is available from the Council (see
ADDRESSES).
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: December 14, 1998.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, 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. Section 648.14, paragraphs (a)(110) and (a)(111) are added to
read as follows:
Sec. 648.14 Prohibitions.
(a) * * *
(110) Fish for, possess or retain sea scallops in or from the areas
described in Sec. 648.57.
(111) Transit or be in the areas described in Sec. 648.57 with
scallop gear that is not properly stowed as required in Sec. 648.57.
* * * * *
3. Section 648.53 is amended by revising the last sentence and
chart of paragraph (b) as follows:
Sec. 648.53 DAS allocations.
* * * * *
(b) DAS allocations. * * * The annual allocations of DAS for each
category of vessel for the fishing years indicated are as follows:
[[Page 70096]]
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DAS category 1999-2000 2000-2001 2001-2002 2002-2003 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008 2008-+
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Full-time.................................... 120 51 49 46 45 34 35 38 36 60
Part-time.................................... 48 20 19 18 18 14 14 15 17 24
Occasional................................... 10 4 4 4 4 3 3 3 4 5
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* * * * *
4. In Sec. 648.55, revise paragraph (a) and the first sentence of
paragraph (b), redesignate paragraph (h) as paragraph (j), redesignate
paragraphs (c) through (g) as (d) through (h), add new paragraph (c),
in redesignated paragraph (d), further redesignate paragraph (d)(12) as
(d)(21) and add new paragraphs (d)(12) through (d)(20), and add new
paragraph (i) to read as follows:
Sec. 648.55 Framework specifications.
(a) Annually, or upon request from the NEFMC, the Regional
Administrator will provide NEFMC with information on the status of the
scallop resource.
(b) Within 60 days of receipt of that information, the NEFMC PDT
shall assess the condition of the scallop resource to determine the
adequacy of the total allowable DAS reduction schedule, described in
Sec. 648.53 (b), and other management measures, to achieve the stock-
rebuilding objectives. * * *
(c) Based on this review, the NEFMC PDT shall recommend total
allowable DAS reduction schedules and develop options necessary to
achieve the FMP goals and objectives, which may include a preferred
option. The NEFMC PDT must demonstrate through analysis and
documentation that the options it develops are expected to meet the
Scallop FMP goals and objectives. The range of options developed by the
NEFMC PDT may include any of the management measures in the Scallop
FMP, including, but not limited to the categories described in
Sec. 648.53 (d).
(d) * * *
(12) Modifications to the overfishing definition.
(13) VMS Demarcation Line for DAS monitoring.
(14) DAS allocations by gear type.
(15) Temporary leasing of scallop DAS requiring full public
hearings.
(16) Scallop size restrictions, except a minimum size or weight of
individual scallop meats in the catch.
(17) Aquaculture enhancement measures and closures.
(18) Closed areas to lessen the amount of DAS reductions.
(19) Closed areas to increase the size of scallops caught.
(20) Modifications to the opening dates of closed areas.
* * * * *
(i) If the Regional Administrator concurs in the NEFMC's
recommendation, a final rule shall be published in the Federal Register
on or about February 1 of each year. If the NEFMC fails to submit a
recommendation to the Regional Administrator by December 1 that meets
the FMP goals and objectives, the Regional Administrator may publish as
a proposed rule one of the options reviewed and not rejected by the
NEFMC, provided that the option meets the FMP objective and is
consistent with other applicable law. If, after considering public
comment, the Regional Administrator decides to approve the option
published as a proposed rule, the action will be published as a final
rule in the Federal Register.
* * * * *
5. Section 648.57 is revised to read as follows:
Sec. 648.57 Closed areas.
(a) Hudson Canyon South Closed Area. Through March 1, 2001, no
vessel may fish for, possess, or retain sea scallops in or from the
area known as the Hudson Canyon South Closed Area (copies of a chart
depicting this area are available from the Regional Administrator upon
request) unless all gear on board is properly stowed and not available
for immediate use in accordance with the provisions of Secs. 648.23(b)
and 648.81(e). Further, vessels not fishing in the scallop DAS program
and fishing for species other than scallops or not in possession of
scallops in this area must stow scallop dredge gear in accordance with
the provisions of Secs. 648.23(b) and 648.81(e). The Hudson Canyon
South Closed Area is defined by straight lines connecting the following
points in the order stated:
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Point Latitude Longitude
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H1.............................................. 39 30' N. 73 10' W.
H2.............................................. 39 30' N. 72 30' W.
H3.............................................. 38 30' N. 73 30' W.
H4.............................................. 38 40' N. 73 50' W.
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(b) Virginia Beach Closed Area. Through March 1, 2001, no vessel
may fish for, possess, or retain sea scallops in or from the area known
as the Virginia Beach Closed Area (copies of a chart depicting this
area are available from the Regional Administrator upon request) unless
all gear on board is properly stowed and not available for immediate
use in accordance with the provisions of Secs. 648.23(b) and 648.81(e).
Further, vessels not fishing in the scallop DAS program and fishing for
species other than scallops or not in possession of scallops in this
area must stow scallop dredge gear in accordance with the provisions of
Secs. 648.23(b) and 648.81(e). The Virginia Beach Closed Area is
defined by straight lines connecting the following points in the order
stated:
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Point Latitude Longitude
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V1.............................................. 37 00' N. 74 55' W.
V2.............................................. 37 00' N. 74 35' W.
V3.............................................. 36 25' N. 74 45' W.
V4.............................................. 36 25' N. 74 55' W.
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[FR Doc. 98-33483 Filed 12-15-98; 10:39 am]
BILLING CODE 3510-22-F
