[Federal Register Volume 61, Number 143 (Wednesday, July 24, 1996)]
[Rules and Regulations]
[Pages 38404-38406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18789]
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DEPARTMENT OF COMMERCE
50 CFR Part 648
[Docket No. 950615156-6193-02; I.D. 070196C]
RIN 0648-AI02
Fisheries of the Northeastern United States; Framework Adjustment
8 Gear Restrictions
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 measures contained in
Framework Adjustment 8 to the Fishery Management Plan for the Atlantic
Sea Scallop Fishery (FMP). This rule expands the qualification criteria
for limited access vessels fishing under the scallop days-at-sea (DAS)
program to use trawl nets to include vessels with an engine of no
greater than 450 horsepower that have used a scallop dredge on no more
than 10 trips from January 1, 1988, through December 31, 1994.
Presently, only vessels that have not used a scallop dredge after
December 31, 1987, are qualified to use trawl nets to fish for
scallops. The intent of this action is to allow certain limited access
vessels that cannot practically use a dredge to fish for scallops to
use trawl nets.
EFFECTIVE DATE: July 19, 1996.
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 Adjustments 5 and 8 are available from Douglas Marshall,
Executive Director, New England Fishery Management Council, Suntaug
Office Park, 5 Broadway (U.S. Route 1), Saugus, MA 01906-1097,
telephone 617-231-0422.
FOR FURTHER INFORMATION CONTACT: Paul H. Jones, Fishery Policy Analyst,
508-281-9273.
SUPPLEMENTARY INFORMATION:
Background
Amendment 4 to the FMP was implemented on March 1, 1994 (59 FR
2757, January 19, 1994). The amendment established controls on total
fishing effort through limited entry and a schedule of reductions in
allowable time at sea. Amendment 4 also included framework measures to
implement adjustments to the effort control and other additional
management measures considered necessary to meet the goals and
objectives of the FMP. Although the amendment was approved, NMFS raised
concerns about the level of protection of small sea scallops in its
approval letter to the New England Fishery Management Council
(Council).
Framework Adjustment 5 (60 FR 33757, June 29, 1995) prohibited
limited access scallop vessels from using trawl nets while fishing
under the scallop DAS program except for vessels that have not used a
scallop dredge after December 31, 1987. The intended effect of the
prohibition was to minimize the number of vessels that could fish for
scallops with trawl nets and to prevent scallop dredge vessels from
switching to trawl nets, a switch that would likely result in a
significant increase in the
[[Page 38405]]
harvest of small scallops in contravention of the FMP's objectives.
During the March 21, 1996, Scallop Oversight Committee meeting
several owners of vessels not meeting the qualification criteria asked
the Council to relax the criteria. The Committee reviewed NMFS' records
on scallop dredge/trawl trips and vessel horsepower and recommended
that the Council consider a framework adjustment to expand the
criteria.
Framework Adjustment 8 expands the number of vessels qualified to
fish for scallops with trawl nets by including limited access vessels
with an engine no greater than 450 horsepower that have fished for
scallops with a scallop dredge on no more than 10 trips from January 1,
1988, through December 31, 1994. The new criteria of no more than 10
trips and an engine horsepower of no greater than 450 are intended to
qualify only those vessels that may have towed or attempted to tow a
scallop dredge in the past, but could not practicably do so due to
their lack of sufficient engine horsepower and/or proper construction.
The number of such vessels is projected to be small, and, therefore,
allowing such vessels to fish for scallops with trawl nets is not
anticipated to have any significant impact on the stock.
All limited access scallop vessels not issued a letter of
authorization or a permit endorsed to fish for scallops with trawl nets
under the old criterion will be notified by NMFS of its determination,
based on information currently available to NMFS, as to whether the
vessel qualifies under the new criteria. If a vessel owner agrees with
NMFS' determination that the vessel is qualified and signs a
declaration, furnished by NMFS, to that effect, NMFS will issue the
vessel a letter of authorization to use trawl nets for the 1996-97
fishing year. If a vessel does not obtain a letter of authorization for
the 1996-97 fishing year, it loses its eligibility for subsequent
years. A permit endorsement will be the authorizing instrument in
future years.
Replacement vessels for vessels qualified under either the old
criterion or the additional criteria must themselves meet the
limitations on fishing for scallops with scallop dredges that the
vessel it is replacing met.
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 5
and 8 (see ADDRESSES).
The Council requests publication of the management measures as a
final rule after considering the required factors stipulated in the
regulations governing the sea scallop fishery and providing supporting
analysis for each factor considered. The Director, Northeast Region,
NMFS, concurs with the Council's recommendation and has determined that
Framework Adjustment 8 should be published as a final rule.
NMFS is adjusting the scallop regulations following the procedure
for framework adjustments established by Amendment 4 and codified in 50
CFR part 648. The Council followed this procedure when making
adjustments to the FMP, by developing and analyzing the actions over
the span of a minimum of at least two Council meetings, on April 17,
1996, and June 6, 1996.
Comments and Responses
The April 17, 1996, Council meeting was the first of two meetings
that provided an opportunity for public comment on Framework Adjustment
8. A draft document containing the proposed management measures and
their rationale was available to the public on June 6, 1996, and mailed
to 260 people, including those serving as scallop industry advisors to
the Council. The final public hearing was held on June 6, 1996.
Testimony provided by industry members at the public hearing favored
the framework adjustment. Only one written comment was received by the
Council, which favored the framework adjustment.
Classification
This final rule has been determined to be not significant for
purposes of E.O. 12866.
This rule is implemented in compliance with all procedural
requirements established by the Administrative Procedure Act. The
Regional Director concurs with the Council's request for publication of
the management measures as a final rule after considering the required
factors stipulated under the procedure for framework adjustments in the
final rule for Amendment 4 and providing supporting analysis for each
factor considered. Public meetings held by the Council to discuss the
management measures implemented by this rule provided adequate
opportunity for public comment to be considered. Thus, the Assistant
Administrator for Fisheries, NOAA, finds there is good cause to waive
prior notice under 5 U.S.C. 553(b)(B). Under 5 U.S.C. 553(d)(1),
because this rule relieves a restriction by allowing some fishermen to
resume their traditional fishing method not available to them since
August 1, 1995, it is not subject to a 30-day delay in effective date.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: July 18, 1996.
Gary Matlock,
Program Management Officer, 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. 648.51, paragraph (f) is revised to read as follows:
Sec. 648.51 Gear and crew restrictions.
* * * * *
(f) Restrictions on use of trawl nets--(1) Prohibition on use of
trawl nets. A vessel issued a limited access scallop permit fishing for
scallops under the scallop DAS allocation program may not fish with,
possess on board, or land scallops while in possession of, trawl nets
unless such vessel has on board a valid letter of authorization or
permit endorsed to fish for scallops with trawl nets.
(2) Eligibility to use trawl nets. (i) A vessel is eligible for a
letter of authorization or a permit endorsement to fish for scallops
with trawl nets if the vessel:
(A) Has not fished for scallops with a scallop dredge after
December 31, 1987, and, as of July 19, 1996, has a letter of
authorization or permit endorsed to fish for scallops with trawl nets;
(B) Has fished for scallops with a scallop dredge on no more than
10 trips from January 1, 1988, through December 31, 1994, has an engine
horsepower no greater than 450, and is eligible for or has been issued
a 1996 limited access scallop permit (if the vessel does not obtain a
letter of authorization or a permit endorsed to fish for scallops with
trawl nets for the 1996-97 scallop fishing year, the vessel shall not
be eligible under this provision for subsequent fishing years); or
(C) Is a replacement vessel for a vessel described in paragraph
(f)(2)(i)(A) or (B) of this section.
(ii) NMFS will contact the owners of all vessels with limited
access scallop permits that have not previously been issued a letter of
authorization or permit endorsed to fish for scallops with trawl nets
as to whether, based on information available to NMFS on July 19, 1996,
their vessels are eligible under paragraph (f)(2)(i)(B) of this section
for
[[Page 38406]]
a letter of authorization or permit endorsed to fish for scallops with
trawl nets. If a vessel owner agrees with NMFS' determination that the
vessel is eligible under paragraph (f)(2)(i)(B) of this section to fish
for scallops with trawl nets, the owner must, within 30 days of receipt
of the determination, sign and submit to NMFS a declaration, provided
by NMFS, stating that the vessel has fished for scallops with a scallop
dredge on no more than 10 trips from January 1, 1988, through December
31, 1994, and has an engine with no greater than 450 horsepower. The
signed declaration shall serve as a rebuttable presumption that the
vessel qualifies for a letter of authorization or permit endorsement to
fish for scallops with trawl nets. Any replacement vessel must meet the
limitations on fishing for scallops with scallop dredges that the
vessel it is replacing met. The letter of authorization or permit
endorsement must be requested by the vessel owner at the time the
vessel owner initially applies for a permit for the replacement vessel.
[FR Doc. 96-18789 Filed 7-19-96; 12:51 pm]
BILLING CODE 3510-22-F
