[Federal Register Volume 64, Number 59 (Monday, March 29, 1999)]
[Rules and Regulations]
[Pages 14835-14840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7624]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 981202293-9075-02; 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
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues final regulations to implement Amendment 7 to the
Fishery Management Plan (FMP) for the Atlantic Sea Scallop Fishery.
Amendment 7 and these final regulations reduce the fishing mortality
rate in the Atlantic sea scallop fishery to eliminate overfishing and
to rebuild the biomass in accordance with the requirements of the
Sustainable Fisheries Act. Amendment 7 and these final regulations will
reduce substantially the level of fishing for Atlantic sea scallops in
the exclusive economic zone (EEZ) through fishing year 2008 by revising
the current fishing effort reduction schedule. The allowable days-at-
sea (DAS) for Atlantic sea scallop vessels will be reduced
significantly starting with fishing year 2000. A less severe reduction
is proposed for fishing year 1999. In addition, Amendment 7 and these
final regulations further modify the 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 final
regulations is to eliminate overfishing and to rebuild the stocks.
DATES: Effective April 28, 1999, except that amendments to
Sec. 648.14(a)(110) and (a)(111) and Sec. 648.57 are effective March
27, 1999, through March 1, 2001.
ADDRESSES: Copies of Amendment 7, its regulatory impact review (RIR),
final regulatory flexibility analysis (FRFA), 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, Saugus, MA 01906-
1036.
[[Page 14836]]
FOR FURTHER INFORMATION CONTACT: Paul H. Jones, Fishery Policy Analyst,
978-281-9273.
SUPPLEMENTARY INFORMATION: Amendment 7 to the FMP was prepared by the
New England Fishery Management Council (Council) in consultation with
the Mid-Atlantic Fishery Management Council. A notice of availability
for the proposed amendment was published on November 18, 1998 (63 FR
64032). The comment period on the amendment ended January 19, 1999. A
proposed rule, requesting public comment, was published on December 18,
1998 (63 FR 70093) with a comment period ending date of January 29,
1999. A complete discussion of the measures appears in the proposed
rule and is not repeated here.
Approved Management Measures
This amendment does the following: (1) Redefines overfishing; (2)
revises 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)
establishes an annual monitoring and review process to adjust
management measures to meet the stock rebuilding objectives; (4)
continues the Mid-Atlantic closed areas in order to protect high
concentrations of juvenile scallops; and (5) adds 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 stock rebuilding schedule will set the
allocation for fishing year 1999 at 120 DAS for full-time vessels. The
allocation for fishing year 2000 is reduced to 51 DAS for full-time
vessels and will remain low for the remainder of the 10-year rebuilding
period. The intent of Amendment 7 is to eliminate overfishing and to
rebuild the stock consistent with new requirements of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
Closed Areas
Under Amendment 7 and its implementing regulations, the two Mid-
Atlantic area closures, which are currently in effect, will remain
closed until March 1, 2001. These closures were implemented by interim
rules (March 31, 1998, 63 FR 15324, and September 29, 1998, 63 FR
51862) to protect high concentrations of juvenile scallops, and are
continued by this action. Fishers catching species other than scallops
will not be excluded from the closed areas.
Comments and Responses
Eleven comments were received on Amendment 7 and its proposed
regulations. Specific comments and responses on Amendment 7 and its
proposed regulations are provided here.
Comment: Several commenters supported implementation of Amendment
7.
Response: The comments have been noted, and the amendment is
approved.
Comment: Enforcing closed areas without the requirement of a vessel
monitoring system (VMS) is problematic.
Response: Except for vessels that have declared out of the scallop
fishery for repair or maintenance, all limited access full-time and
part-time scallop vessels are required to install a VMS. The VMS units
must be fully operational at all times and must transmit a signal
indicating a vessel's accurate position at least every hour, 24 hours a
day, without interruption, throughout the year. NMFS agrees that the
requirement of VMS is needed for effective enforcement of closed areas.
Comment: NMFS should refrain from implementing further DAS
reductions for one or two seasons and allow scallopers to continue at
142 DAS while plans for a vessel buyout are finalized.
Response: Under the baseline or status quo alternative, the DAS for
full-time vessels would have been reduced from 142 to 80 for fishing
year 1999-2000 in accordance with the fishing mortality reduction
program established under Amendment 4 in 1994. To minimize the economic
impacts of reduced DAS and still comply with the statutory requirements
of the Magnuson-Stevens Act (rebuilding period be as short as
possible), Amendment 7 contains an intermediate schedule in the first
year of the rebuilding schedule that provides full-time scallop vessels
with 120 DAS, a measure that would reduce the first year impacts on
small entities compared to any of the other alternatives considered.
This intermediate DAS allotment during the first year is designed to
allow the Council to develop rotational scallop closed areas and the
industry to develop a vessel buyback program while assuring that the
overfished scallop stocks are rebuilt within 10 years. If scallopers
were allowed to continue at 142 DAS for one or two additional fishing
seasons as suggested by the commenter, overfishing of the resource
would continue and the statutory requirements of the Magnuson-Stevens
Act to rebuild the stock in as short a period as possible would not be
met.
Comment: (1) Amendment 7 is illegally driven by economic and social
factors, and (2) the commenter is opposed to reopening multispecies
Closed Area I and Closed Area II because of the impact scallop dredges
will have on the habitat and on displaced hook fishers.
Response: Amendment 7 is not illegally driven by economic and
social factors. National standard 8 requires consideration of the needs
of fishing communities in order to provide for sustained participation
of such communities, and to the extent practicable, minimize adverse
economic impacts on such communities when considering conservation and
management measures. This Amendment does not propose reopening the
groundfish closed areas to scallop fishing, but merely provides a
mechanism to do so via framework action.
Comment: Amendment 7 allows overfishing to continue for the first
several years and assumes that multispecies Closed Area II will reopen
without analyzing its impacts on the environment and essential fish
habitat and by minimizing bycatch.
Response: Amendment 7 is consistent with Magnuson-Stevens Act and
complies with the National Standard Guidelines (63 FR 24212, May 1,
1998) that allows consideration of the needs of fishing communities
when adjusting the rebuilding period up to 10 years. Although the
fishing mortality rate (F) reduction schedule specifies rates that
exceed the recommended proxy reference point for a maximum mortality
rate threshold of 0.24 for years 1999 to 2001, the F reduction schedule
meets the 10-year stock rebuilding objective. The reductions in F under
this amendment's rebuilding schedule are more pronounced than the
status quo rebuilding schedule in all years except 1999.
This rule implements the basic elements of a system for opening and
closing geographic areas that could be accomplished as part of the
annual FMP monitoring and adjustment process. Amendment 7 does not
assume that reopening of closed areas to scallop fishing will occur,
but recognizes that such an action could occur. Amendment 7 does not
specify specific openings or closures. Such openings and closures will
need to be consistent with the F reduction schedule of this amendment,
the national standards, including those regarding essential fish
habitat and bycatch and the National Environmental Policy Act.
[[Page 14837]]
Comment: Amendment 7 focuses on depleted scallop beds and not on
the Georges Bank closed areas. The commenter asserts the scallop
fishery is not overfished.
Response: The management unit of the Atlantic Sea Scallop FMP
consists of all populations of sea scallops throughout its range,
including the area from the shoreline to the Northeast Peak of Georges
Bank. Recent estimates of biomass on Georges Bank and in the Mid-
Atlantic indicate that biomass is 17 and 11 percent of Bmax values for
those areas, respectively. The Bmax values are proxies for
Bmsy. Minimally, \1/4\ Bmax (i.e., 25 percent
Bmax) needs to be reached before an overfished condition for
sea scallops is eliminated in these resource management areas. The
intent of Amendment 7 is to eliminate overfishing and to rebuild the
stock for the overall scallop resource consistent with new requirements
of the Magnuson-Stevens Act. The current F is 1.05 in the Mid-Atlantic,
0.51 on Georges Bank, and 0.94 for the overall scallop resource. The F
to reduce overfishing and rebuild biomass in accordance with the
Magnuson-Stevens Act requirements is currently estimated at 0.24 for
the overall scallop resource.
Comment: Amendment 7 invokes a policy that has takings implications
as set out in Executive Order (E.O.) 12630 and does not compensate for
the takings.
Response: The Magnuson-Stevens Act at section 303(d) clearly
provides that a limited access system shall not confer any right of
compensation to the holder of such individual fishing quota or other
such limited access system authorization if it is revoked or limited,
and shall not create, or be construed to create, any right, title, or
interest in or to any fish before the fish is harvested.'' Amendment 4
changed the primary management strategy from a meat count (size)
control management system to a DAS effort control program for all
resource areas. It neither assigns any right of compensation, nor
creates any right or title to or interest in the scallop resource.
Amendment 7 adjusts the DAS reductions schedule to be consistent with
new requirements of the Magnuson-Stevens Act. Therefore, the measures
in Amendment 7 do not constitute takings for which compensation may be
sought.
Comment: Amendment 7 does not comply with E.O. 12866 to maximize
net benefits.
Response: E.O. 12866 states that agencies should assess all costs
and benefits of available regulatory alternatives. Further, in choosing
among regulatory alternatives, E.O. 12866 directs agencies to select
the regulatory approach that maximizes net-benefits, including economic
and environmental advantages, unless a statute requires another
approach.
Amendment 7 is expected to produce a discounted net benefit of $53
million over the next 20 years. The net benefits are higher under
Amendment 7 and the 7-year rebuilding period, compared to those under
the 10-year rebuilding period. The 7-year option rebuilds stocks faster
because it results in higher landings and landings per DAS in a shorter
period compared to the 10-year option. However, the gradual reduction
in effort under Amendment 7 from 142 DAS in 1998 to 120 DAS in 1999 for
full-time vessels was adopted to mitigate the near-term social and
economic costs for the scallop industry. Fleet revenues would decline
by 61 percent in 1999 if the 7-year rebuilding schedule were adopted,
compared to the 45 percent under Amendment 7 (Table 8.3.2 to Amendment
7, Vol I, sec. 8.3). Such a sharp reduction in annual fleet revenues
would increase unemployment and the likelihood of vessel bankruptcies.
Nevertheless, higher economic benefits from an accelerated fishing
reduction program will occur during the latter stages of the 10-year
rebuilding period.
Comment: Amendment 7 does not impose the least burden on society.
Response: To minimize the economic impacts of reduced DAS and still
comply with the statutory requirements of national standard 1
(rebuilding period be as short as possible), Amendment 7 contains an
intermediate schedule in year one of the rebuilding schedule that
provides full-time scallop vessels with 120 DAS. This measure will
reduce the first year impacts on small entities compared to any of the
other alternatives considered. This intermediate DAS allotment in year
one of the rebuilding schedule is designed to allow further
consideration of measures by the Council to develop rotational fishing
in areas closed to scallop fishing and provide time for the industry to
develop a vessel buyback program, while assuring that the overfished
scallop stocks are rebuilt within 10 years.
Comment: Amendment 7 has no RIR that describes the impact of
management measures on small entities.
Response: Supplement 1 to the Amendment 7 FMP contains the RIR,
including Initial Regulatory Flexibility Analysis (IRFA). The IRFA
discusses the impact for small businesses in the scallop fishery of
both the proposed action and alternative management options.
Comment: NMFS may not have fulfilled its obligations under the
Regulatory Flexibility Act to consider significant alternatives to the
proposed rule.
Response: The Council considered three alternatives that would meet
the objectives to end overfishing and to rebuild the stock within a 10-
year period. In response to comments, the Council chose an intermediate
option that blended an ambitious rebuilding schedule in years 2 through
10 of the plan with a less onerous first-year implementation. A 10-year
maximum rebuilding time frame mandated by the Magnuson-Stevens Act, as
well as the low abundance of sea scallops, limits the number and range
of possible rebuilding schedules and the resultant management measures
that can be considered. The current suite of management measures in
place for scallops relies on limitations of DAS to reduce fishing
mortality. Proposed management alternatives, therefore, were limited to
various schedules of DAS reductions to fishing mortality reductions.
The status quo, a 10-year rebuilding schedule, and a 7-year rebuilding
schedule are the alternatives considered to rebuild the stock.
Comment: Choosing an alternative that will reduce the DAS from 120
to 51 will be detrimental to small fishing businesses such as those in
New Bedford, Massachusetts and might violate national standard 8 of the
Magnuson-Stevens Act. NMFS should address an alternative to reopen the
closed areas of Georges Bank.
Response: In approving Amendment 7, NMFS determined the amendment
complied with each of the national standards. In making this
determination, NMFS must take into account, among other things, the
importance of fishery resources to affected fishing communities while
at the same time ensuring that the conservation requirements and goals
of the FMP are not compromised. The primary conservation goal of
Amendment 7 is to rebuild the overfished stock of sea scallops within a
10-year rebuilding period, as required by the Magnuson-Stevens Act.
Nevertheless the Council adopted and NMFS approved a rebuilding plan
that only reduces the available DAS for vessels by a small amount in
the first year, in the hope that a buyback program may be implemented
soon and some reopening of portions of closed areas occur after
sufficient analysis of effects of such an action are known. By reducing
available DAS in the first year by a small amount and allowing for the
possibility of a buyback program or area reopening to scallop
[[Page 14838]]
vessels, Amendment 7 seeks to meet the conservation goal in a way that
reduces the impact on fishing communities. To include a specific
reopening of portions of closed areas in Amendment 7 would have
required the Council to consider the effects that these openings would
have on scallop fishing mortality rates, bycatch of juvenile
groundfish, effects on bottom habitat, and possible gear conflicts
between mobile and fixed gear. During the development of Amendment 7,
there was not enough data available to support the reopening of the
closed areas, and the Council was working under a statutory requirement
of the Magnuson-Stevens Act to submit a rebuilding plan for sea
scallops by September 30, 1997. Subsequently, any reopening of closed
areas would have been contrary to national standards 1 and 9.
NMFS worked with researchers from the Center for Marine Science and
Technology of the University of Massachusetts Dartmouth and the
Virginia Institute of Marine Science on a collaborative experimental
fishery in Closed Area II of Georges Bank. The experimental fishery
evaluates, on a limited basis, areas of abundance of sea scallops (in
number and size), rates of bycatch of groundfish, and habitat
considerations. The experimental fishery was conducted from August 28,
1998, through October 5, 1998. Therefore, the results were not
available to the Council to consider as an alternative in Amendment 7.
However, Amendment 7 contains a framework measure that would expedite
future action by the Council to open the closed areas and establish new
closed areas once the experimental fishery results are analyzed. To
gain access to closed areas as soon as possible, the Council is now
considering options for framework actions (for both the Atlantic Sea
Scallop and Northeast Multispecies FMPs) to reopen to scallop fishing
portions of some areas closed to fishing for groundfish protection. If
approved, such framework actions might become effective as early as
mid-1999. These framework actions would be followed by a more
comprehensive FMP amendment to fully employ a rotational harvest
strategy.
Comment: DAS reductions scheduled for year 2000 and thereafter
should not be implemented but be replaced by an area management system.
Response: Replacing the DAS reductions scheduled for year 2000 and
thereafter with an area management system goes beyond the scope of the
management measures analyzed in Amendment 7. The Magnuson-Stevens Act
requires that amendments or proposed rules specify a time period for
ending overfishing that shall be as short as possible and not exceed 10
years, except in cases where the biology of the stock of fish, other
environmental conditions, or international management measures dictate
otherwise. Furthermore, the low abundance of sea scallops limits the
range of management measures. DAS is a useful management tool to
control overall effort on the sea scallops stock, whereas, area
openings and closures would assist in attaining Bmax goals
for the two different important management areas: Georges Bank and the
Mid-Atlantic. The status quo, a 10-year rebuilding schedule, and a 7-
year rebuilding schedule were the alternatives considered to rebuild
the stock using an annual DAS schedule and an annual F schedule for the
entire stock. As explained in the previous response to a comment, the
Council is considering framework action to allow access to portions of
Closed Area II (through both the Atlantic Sea Scallop and Northeast
Multispecies Fishery Management Plans). If approved, these framework
actions are likely to be in effect sometime this summer, followed by
amendments to both FMPs to address a rotational harvest strategy for
scallops and protection for groundfish and habitat.
Comment: The 1-year 120 DAS transitional period contained in
Amendment 7 should be implemented before the Amendment's rebuilding
provisions are fully implemented. The framework adjustment authority to
develop rotational area management for the scallop fishery is a good
management approach.
Response: The comments have been noted, and the 1-year 120 DAS
transitional period and authority to reopen closed areas under
frameworking are approved.
Classification
The Regional Administrator, Northeast Region, NMFS, determined that
the amendment is necessary for the conservation and management of the
Atlantic sea scallop fishery and that it is consistent with the
Magnuson-Stevens Act and other applicable laws.
The two Mid-Atlantic area closures expire on March 26, 1999.
Uninterrupted protection of sea scallops in these areas is essential
for replenishment of a large number of sea scallops in the Mid-Atlantic
with a high reproductive potential in the near future. Hence, it is not
practical to delay the effectiveness beyond March 26, 1999.
Accordingly, the Assistant Administrator for Fisheries, NOAA, under 5
U.S.C. 553(d)(3), finds good cause to waive part of the 30-day delayed
effectiveness period with respect to these closed areas so that they
remain closed after March 26, 1999, without interruption. This waiver
of the delayed effectiveness period does not apply to the additional
measures under Amendment 7, which are effective April 28, 1999.
The Council prepared an FSEIS for this action; a notice of
availability for the FSEIS was published on December 24, 1998 (63 FR
71285). The action will substantially reduce the level of fishing in
the Atlantic sea scallop fishery in the EEZ.
This final rule has been determined to be significant for purposes
of E.O. 12866.
To comply with the requirements of the RFA, 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 Draft Environmental Impact Statement 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 of the plan 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 fewer 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
[[Page 14839]]
recommendations under the Magnuson-Stevens Act, NMFS sought comments on
these alternatives and on 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 approximately 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, this final rule is not expected to significantly
affect occasional scallop permit holders except that 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.
With the exception of the running clock provision, the Monkfish FMP
was approved by the Secretary of Commerce on March 3, 1999. The
proposed rule to implement the Monkfish FMP was published in the
Federal Register on February 16, 1999 (64 FR 7601). The comment period
on the proposed rule ends March 26, 1999. Under the Monkfish 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. The percent of total annual revenues for scallop
trawlers is 12 percent for full-time vessels, 4 percent for part-time
vessels and 6.1 percent for occasional vessels).
A copy of the IRFA analysis is available from the Council (see
ADDRESSES). The Final Regulatory Flexibility Analysis incorporates the
IRFA and its findings, and the responses to public comments that
mentioned possible effects of Amendment 7 on small entities.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: March 24, 1999.
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 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 Sec. 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 or
a preponderance of the evidence of record shows there was a compelling
safety reason.
* * * * *
3. In Sec. 648.53, paragraph (b) is amended by revising the last
sentence and the table to read 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:
--------------------------------------------------------------------------------------------------------------------------------------------------------
1999- 2000- 2001- 2002- 2003- 2004- 2005- 2006- 2007-
DAS category 2000 2001 2002 2003 2004 2005 2006 2007 2008 2008+
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
4. In Sec. 648.55, revise paragraph (a) and the first sentence of
paragraph (b); redesignate paragraph (h) as paragraph (j) and
paragraphs (c) through (g) as paragraphs (d) through (h), respectively;
add new paragraph (c); redesignate newly redesignated paragraph (d)(12)
as paragraph (d)(21); 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 a request from the NEFMC, the Regional
Administrator will provide the 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 of 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
[[Page 14840]]
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 added 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:
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
(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:
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
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. 99-7624 Filed 3-24-99; 3:25 pm]
BILLING CODE 3510-22-P
