[Federal Register Volume 60, Number 31 (Wednesday, February 15, 1995)]
[Proposed Rules]
[Pages 8622-8623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3688]
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DEPARTMENT OF COMMERCE
50 CFR Part 650
[Docket No. 950118017-5017-01; I.D. 122994A]
RIN 0648-AH82
Atlantic Sea Scallop Fishery; Temporary Reduction in Crew-Size
Limit
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS issues this proposed rule to implement measures contained
in Framework Adjustment 4 to the Atlantic Sea Scallop Fishery
Management Plan (FMP). The intent of this proposed framework is to
reduce the maximum crew-size limit on Atlantic sea scallop vessels from
nine to seven through February 29, 1996, to preserve small scallops.
DATES: Comments on the proposed rule must be received on or before
February 27, 1995.
ADDRESSES: Comments on the proposed rule, Framework Adjustment 4, or
supporting documents should be sent to Jon Rittgers, Acting Regional
Director, National Marine Fisheries Service, Northeast Regional Office,
1 Blackburn Street, Gloucester, MA 01930. Mark the outside of the
envelope ``Comments on Sea Scallop Framework 4.''
Copies of Amendment 4, its regulatory impact review and the initial
regulatory flexibility analysis, the final supplemental environmental
impact statement, and the supporting documents for Framework Adjustment
4 are available from Douglas Marshall, Executive Director, New England
Fishery Management Council, Suntaug Office Park, 5 Broadway, Saugus, MA
01906-1097.
FOR FURTHER INFORMATION CONTACT: Paul H. Jones, NMFS, Fishery Policy
Analyst, 508-281-9273.
SUPPLEMENTARY INFORMATION:
Background
The final rule for Amendment 4 to the FMP was published on January
19, 1994 (59 FR 2757), with implementation for most measures on March
1, 1994. The amendment retained the FMP's objectives to: (1) Restore
adult stock abundance and age distribution; (2) increase yield per
recruit for each stock; (3) evaluate plan research, development and
enforcement costs; and (4) minimize adverse environmental impacts on
sea scallops.
Amendment 4 changed the primary management strategy from a meat
count (size) control to effort control. The amendment controls total
fishing effort through limited access permits and a schedule of
reductions in allowable days-at-sea (DAS). Supplemental measures
include limits on increases in vessel fishing power to control the
amount of fishing pressure and to help control the size of scallops
landed, gear restrictions, and limits on the number of crew members.
Additionally, the amendment includes a framework procedure for
adjusting the management measures in the FMP. Initially, the maximum
crew size was set at nine.
In response to very high levels of recruitment documented in the
Mid-Atlantic resource area (Regional Director's Status Report, January
1994) the New England Fishery Management Council (Council) recommended
lowering the maximum crew-size limit from nine to seven until December
31, 1994. NMFS concurred and through Framework Adjustment 1, which was
published on July 19, 1994 (59 FR 36720), with an effective date of
August 17, 1994, lowered the maximum crew size from nine to seven until
December 31, 1994.
Because the conditions that justified lowering the maximum crew-
size limit to seven still exist, the Council recommended extending the
maximum crew-size limit of seven through the end of the 1995-96 scallop
fishing year.
This framework action proposes to lower the maximum crew size from
nine to seven through February 29, 1996, the end of the 1995-96 scallop
fishing year.
The expected impact of the proposed seven-member crew limit was
analyzed in Amendment 4. There are two possible ways for vessel
operators to respond to reduced crew limits. They can try to fish for
larger scallops, and if catches are sufficient, land as much weight of
scallop meat as with a crew of nine; or they can continue catching and
processing fewer small scallops; or a combination of both. Either
response effectively reduces the number of scallops harvested by a
vessel per DAS. For example, in the analysis done for this framework
adjustment, it is estimated that a crew of seven can shuck and process
900 lb (408.2 kg) (meat weight) of scallops per DAS, at an average of
45 meats per lb (0.453 kg). A crew of nine, however, would be capable
of shucking 1,500 lb (680.4 kg). Under ideal conditions, this impact
would translate into a 40 percent reduction in fishing mortality of
small scallops.
The small scallops are less valuable than large one, and the seven-
man crew limit will encourage boats to target the larger scallops. The
result will mean no reduction in revenue.
By delaying harvest of these small scallops and because of their
rapid growth rate, they will be available for harvest in a larger, more
valuable size within a short time.
The adjustments being made through the framework process
(Sec. 650.40) are within the scope of analyses contained in
Amendment 4 and the final supplemental environmental impact statement.
Supplemental rationale and analyses of expected biological effects,
economic impacts, impacts on employment, and safety concerns are
contained within the supporting documents for Framework Adjustments 1
and 4 (see ADDRESSES).
NMFS is proposing to adjust the scallop regulations following the
procedure for framework adjustments established by Amendment 4 and
codified in 50 CFR part 650, subpart C. The Council followed this
procedure when making adjustments to the FMP, by developing and
analyzing the actions over the span of a minimum of two Council
meetings, on October 26 and [[Page 8623]] December 8, 1994. However,
because the December 8, 1994, meeting was not announced as the second
and final of the two required meetings, the Council recommended to the
Director, Northeast Region, NMFS (Regional Director) publication of the
measures contained in Framework Adjustment 4 as a proposed rule to
ensure that the public has been afforded sufficient opportunity for
notice and comment.
In accordance with the regulations, public comments on the
framework adjustment were taken by the Council during its October 26,
1994 and December 8, 1994 meetings. One member of the industry from
Virginia Beach, VA and an attorney representing 22 full-time scallop
vessels from New Bedford, MA, commented at the December meeting. The
comments were in support of the recommended adjustment. Written
responses were received on this framework adjustment from two
individuals. Those comments questioned the safety aspects of a
reduction in the minimum crew size. The analysis included in the
Council's framework package suggests that, based on available Coast
Guard data for the scallop fishery, there is no relationship between
the size of the crew and accidents aboard scallop vessels. Fishers have
publicly stated that most New Bedford scallop boats carried less than
seven crew members in the winter of 1993-94 simply because scallop
stocks were low. Fishers also stated, and NMFS concurs, that there is
nothing inherently dangerous about using a seven-person crew and that
safety ultimately depends upon onboard safety practices rather than
crew size.
Classification
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
The Assistant General Counsel of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
This action, if adopted, is a 1-year reimposition of a restriction in
crew limit size established by Framework #1 to the FMP, effective from
August 17, 1994, through December 31, 1994. The proposed action would
not have a significant economic impact on a substantial number of small
entities for the following reasons: (1) It is unlikely to force vessels
to cease or substantially modify operations; (2) many vessels already
carried crew sizes of seven or less because of low stock abundance of
sea scallops; and (3) short-term benefits of harvesting immature sea
scallops in 1995 that have never produced young for future years would
be greatly outweighed by longer-term benefits to small entities for the
next several years. As a result, a regulatory flexibility analysis was
not prepared.
List of Subjects in 50 CFR Part 650
Fisheries, Reporting and recordkeeping requirements.
Dated: February 8, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 650 is amended
as follows:
PART 650--ATLANTIC SEA SCALLOP FISHERY
1. The authority citation for part 650 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. Section 650.21 is proposed to be amended by revising paragraph
(c) to read as follows:
Sec. 650.21 Gear and crew restrictions.
* * * * *
(c) Crew restrictions. Limited-access vessels participating in or
subject to the scallop DAS allocation program may have no more than
seven people onboard when not docked or moored in port through February
29, 1996, and nine people onboard when not docked or moored in port
thereafter, including the operator, unless participating in the small
dredge program specified in paragraph (e) of this section, or otherwise
authorized by the Regional Director.
* * * * *
[FR Doc. 95-3688 Filed 2-10-95; 8:54 am]
BILLING CODE 3510-22-F
