[Federal Register Volume 60, Number 65 (Wednesday, April 5, 1995)]
[Rules and Regulations]
[Pages 17272-17273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8249]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 650
[Docket No. 950118017-5081-02; I.D. 122994A]
RIN 0648-AH82
Atlantic Sea Scallop Fishery; Framework Adjustment 4; Temporary
Reduction in Crew Size Limit
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues this final rule to implement Framework Adjustment
4 to the Atlantic Sea Scallop Fishery Management Plan (FMP). This
framework adjustment temporarily adjusts the maximum crew limit on
certain vessels participating in the scallop fishery from nine to seven
through February 29, 1996.
EFFECTIVE DATE: May 1, 1995.
ADDRESSES: Copies of Amendment 4, its regulatory impact review, 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 implementing Amendment 4 to the FMP was published on
January 19, 1994 (59 FR 2757), with an effective date for most measures
of 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. 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. The amendment
also 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 [[Page 17273]] 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.
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 adjusting 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, by
developing and analyzing the actions over the span of at least two
Council meetings, on October 26 and 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 that the
Director, Northeast Region, NMFS (Regional Director) publish 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. The comments made at those
meetings, as well as written comments received, were discussed in
detail in the proposed rule (60 FR 8622, February 15, 1955) and are not
repeated here.
No additional comments were received during the comment period that
followed publication of the proposed rule, and the proposed rule is
adopted as final without change.
Classification
This final rule has been determined to be not significant for
purposes of E.O. 12866.
When this rule was proposed, the Assistant General Counsel of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that, if adopted as proposed, it
would not have a significant economic impact on a substantial number of
small entities because: (1) It would be 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: March 29, 1995.
Samuel W. McKeen,
Acting Assistant Administrator for Fisheries, 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, paragraph (c) is revised 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 aboard, including the operator, when not docked or moored
in port through February 29, 1996, and nine people aboard 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. 95-8249 Filed 3-30-95; 3:55 pm]
BILLING CODE 3510-22-F
