98-23181. Fisheries of the Northeastern United States; Framework 10 to the Atlantic Sea Scallop Fishery Management Plan  

  • [Federal Register Volume 63, Number 167 (Friday, August 28, 1998)]
    [Rules and Regulations]
    [Pages 45939-45941]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-23181]
    
    
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    DEPARTMENT OF COMMERCE
    
    National Oceanic and Atmospheric Administration
    
    15 CFR Part 902
    
    50 CFR Part 648
    
    [Docket No. 980817220-8220-01; I.D. 081098A]
    RIN 0648-AL17
    
    
    Fisheries of the Northeastern United States; Framework 10 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 this final rule to implement measures contained in 
    Framework Adjustment 10 to the Atlantic Sea Scallop Fishery Management 
    Plan (FMP). These regulations extend the closure of a 9 mi2 
    (23.31 km2) site to transiting and fishing with other than 
    hand gear for an 18-month period to allow for the conduct of a NMFS-
    sponsored sea scallop aquaculture research project. This rule provides 
    for exemptions from the closure for vessels using certain gear types 
    and for vessels participating in the project. Finally, this rule 
    provides for the temporary exemption for vessels participating in the 
    project from certain fishing regulations that might inhibit or prevent 
    their participation. This action is intended to support an aquaculture 
    research project and prevent conflicts between fishing gear and project 
    equipment for the limited duration of the research project.
    
    DATES: Effective August 28, 1998 through February 28, 2000.
    
    ADDRESSES: Copies of Amendment 5 to the FMP (Amendment 5), its 
    regulatory impact review and the final regulatory flexibility analysis, 
    its final supplemental environmental impact statement, and the 
    supporting documents for Framework Adjustment 10 are available from 
    Paul J. Howard, Executive Director, New England Fishery Management 
    Council, 5 Broadway (Route 1), Saugus, MA 01906-1097.
        Comments regarding burden-hour estimates for collection-of-
    information requirements contained in this final rule should be sent to 
    Jon Rittgers, Acting Regional Administrator, 1 Blackburn Drive, 
    Gloucester, MA 01930, and the Office of Information and Regulatory 
    Affairs, Office of Management and Budget (OMB), Washington, D.C. 20502 
    (ATTN: NOAA Desk Officer).
    
    FOR FURTHER INFORMATION CONTACT: Paul H. Jones, Fishery Policy Analyst, 
    978-281-9273.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        Regulations implementing Amendment 5 to the FMP (62 FR 1829) were 
    published on January 14, 1997. Details of that action are described in 
    the preamble to the final rule and will not be repeated here. The final 
    rule closed a 9 mi \2\ (23.31 km \2\) area closure approximately 12 mi 
    (22.22 km) southwest of the island of Martha's Vineyard, MA, to 
    transiting and fishing with other than handgear for an 18-month period 
    to allow for the conduct of a NMFS-sponsored sea scallop aquaculture 
    research project. The final rule provided for exemptions from the 
    closure for vessels using certain gear types and for vessels 
    participating in the project. The final rule provided temporary 
    exemptions for vessels participating in the project from certain 
    fishing regulations, which may have inhibited or prevented their 
    participation.
        Current scallop regulations allow for the adjustment of management 
    measures, as necessary to meet or achieve consistency with the FMP's 
    goals and objectives. The regulations authorize the New England Fishery 
    Management Council (Council) to recommend adjustments to any of the 
    measures currently in the FMP.
        Framework Adjustment 10 continues the experimental closure 
    established under Amendment 5 to the FMP. The success of the experiment 
    is dependent on retaining the restrictions established by Amendment 5. 
    The objective of the project is to obtain a comprehensive understanding 
    of issues associated with scallop seeding and grow-out. These 
    activities and required environmental monitoring require the 
    continuation of restricted activities within the experimental area. 
    Without controls on fishing, expensive grow-out and monitoring 
    equipment could be inadvertently destroyed by towed gear.
        The Council requests publication of the management measures as a 
    final rule after considering the required factors stipulated in the 
    regulations governing the Atlantic sea scallop fishery and providing 
    supporting analysis for each factor considered. The Administrator, 
    Northeast Region, NMFS (Regional Administrator) concurs with the 
    Council's recommendation and has determined that Framework Adjustment 
    10 should be published as a final rule.
    
    [[Page 45940]]
    
        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 two Council meetings held on April 15-16, 1998, 
    and May 20-21, 1998.
    
    Comments and Responses
    
        The April 1998 Council meeting was the first of two meetings that 
    provided an opportunity for public comment on Framework Adjustment 10. 
    A draft document containing the proposed management measures and their 
    rationale was available to the public during the third week in May 
    1998. Notification of the initial and final Council meetings were 
    mailed to approximately 1,900 people and were published in the Federal 
    Register. Individuals and associations representing user groups who 
    initially objected to the original location of the Sea Scallop 
    Experimental Area were also contacted by mail. The final public hearing 
    was held on May 20-21, 1998. Testimony provided by industry members at 
    the public meetings favored the framework adjustment. There were no 
    negative comments.
        Under NOAA Administrative Order 205-11, 7.01, dated December 17, 
    1990, the Under Secretary for Oceans and Atmosphere has delegated to 
    the Assistant Administrator for Fisheries, NOAA (AA), the authority to 
    sign material for publication in the Federal Register.
    
    Classification
    
        The Regional Administrator determined that this final rule is 
    necessary for the conservation and management of the Atlantic sea 
    scallop fishery and that it is consistent with the Magnuson-Stevens 
    Fishery Conservation and Management Act and other applicable law.
        This final rule has been determined to be not significant for the 
    purposes of E.O. 12866.
        The AA finds that there is good cause to waive prior notice and 
    opportunity for comment under 5 U.S.C. 553(b)(B) because such 
    procedures would be unnecessary. Public meetings held by the Council to 
    discuss the management measures implemented by this rule provided 
    adequate prior notice and an opportunity for public comment to be heard 
    and considered; therefore, further notice and opportunity to comment 
    before this rule is effective is unnecessary. Similarly, the need to 
    implement these measures in a timely manner to prevent possible damage 
    to expensive grow-out and monitoring equipment inadvertently destroyed 
    by towed gear constitutes good cause under 5 U.S.C. 553(d)(3) to waive 
    the 30-day delay in effectiveness.
        Because prior notice and opportunity for public comment are not 
    required for this rule by 5 U.S.C. 553 or by any other law, the 
    analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
    et seq., are inapplicable.
        Notwithstanding any other provision of law, no person is required 
    to respond to nor shall a person be subject to a penalty for failure to 
    comply with a collection of information subject to the requirements of 
    the Paperwork Reduction Act (PRA) unless that collection of information 
    displays a currently valid OMB control number.
        This rule contains one collection-of-information requirement 
    subject to the PRA. This collection-of-information requirement has been 
    approved by OMB, and the OMB control number and public reporting burden 
    are listed as follows: Sea Scallop Experimental Area authorization 
    request, (0.5 hours/response) under OMB control number 0648-0321.
        The estimated response time includes the time needed for reviewing 
    instructions, searching existing data sources, gathering and 
    maintaining the data needed, and completing and reviewing the 
    collection-of-information. Public comment is sought regarding: whether 
    this collection of information is necessary for the proper performance 
    of the functions of the agency, including whether the information has 
    practical utility; the accuracy of the burden estimate; ways to enhance 
    the quality, utility, and clarity of the information to be collected; 
    and ways to minimize the burden of the collection of information, 
    including through the use of automated collection techniques or other 
    forms of information technology. Send comments regarding this burden 
    estimate, or any other aspect of this data collection to NMFS and OMB 
    (see ADDRESSES).
    
    List of Subjects
    
    15 CFR Part 902
    
        Reporting and recordkeeping requirements.
    
    50 CFR Part 648
    
        Fisheries, Fishing, Reporting and recordkeeping requirements.
    
        Dated: August 24, 1998.
    Rolland A. Schmitten,
    Assistant Administrator for Fisheries, National Marine Fisheries 
    Service.
    
        For the reasons set out in the preamble, 15 CFR Chapter IX and 50 
    CFR Chapter VI are amended as follows:
    
    15 CFR CHAPTER IX
    
    PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
    PAPERWORK REDUCTION ACT; OMB CONTROL NUMBERS
    
        1. The authority citation for part 902 continues to read as 
    follows:
    
        Authority: 44 U.S.C. 3501 et seq.
    
        2. In Sec. 902.1, paragraph (b), the table is amended by adding in 
    the left column under 50 CFR, the entry ``648.56'', and in the right 
    column, in the corresponding position, the control number ``-0321'' to 
    read as follows:
    
    
    Sec. 902.1  OMB control numbers assigned pursuant to the Paperwork 
    Reduction Act.
    
    * * * * *
        (b) * * *
    
    ------------------------------------------------------------------------
                                                                 Current OMB
                                                                   control  
        CFR part or section where the information collection     number (all
                       requirement is located                      numbers  
                                                                  begin with
                                                                    0648-)  
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                              *    *    *    *    *                         
    50 CFR                                                                  
                                                                            
                              *    *    *    *    *                         
    Sec.  648.56...............................................         0321
                                                                            
                              *    *    *    *    *                         
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    50 CFR CHAPTER VI
    
    PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
    
        3. The authority citation for part 648 continues to read as 
    follows:
    
        Authority: 16 U.S.C. 1801 et seq.
    
        4. In Sec. 648.14, paragraph (a)(97) is added to read as follows:
    
    
    Sec. 648.14  Prohibitions.
    
        (a) * * *
        (97) Fish in or transit the Scallop Experimental Area defined in 
    Sec. 648.56(a)(1), except as provided for in Sec. 648.56 (a)(2) and 
    (a)(3).
    * * * * *
        5. Section 648.56 is added to subpart D to read as follows:
    
    
    Sec. 648.56  Scallop research project.
    
        (a)(1) Scallop experimental area. From August 28, 1998 through 
    February 28, 2000, no fishing vessel or person on
    
    [[Page 45941]]
    
    a fishing vessel may transit or fish with other than handgear in the 
    area known as the Sea Scallop Experimental Area, as defined by straight 
    lines connecting the following points in the order stated, except as 
    described in paragraphs (a)(2) and (a)(3) of this section:
    
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                  Point                     Latitude            Longitude   
    ------------------------------------------------------------------------
    1...............................  41 deg.11.8' N.       70 deg.50' W.   
    2...............................  41 deg.11.8' N.       70 deg.46' W.   
    3...............................  41 deg.08.8' N.       70 deg.46' W.   
    4...............................  41 deg.08.8' N.       70 deg.50' W.   
    ------------------------------------------------------------------------
    
        (2) Exemptions. A fishing vessel and persons on a fishing vessel 
    may transit or fish in the Sea Scallop Experimental Area under the 
    following conditions only:
        (i) The vessel has been issued an allowed gear permit (AGP) under 
    paragraph (a)(4)(i) of this section and is fishing with pot gear, 
    traps, longline gear, or any other gear determined by the Regional 
    Administrator as unlikely to interfere with the sea scallop aquaculture 
    research project in the Sea Scallop Experimental Area; or
        (ii) The vessel has been issued an experimental fishing permit 
    (EFP) under paragraph (a)(4)(i) of this section to participate in the 
    sea scallop aquaculture research project in the Sea Scallop 
    Experimental Area.
        (3) Transiting. Vessels that are not exempted from the prohibition 
    against transiting and fishing in the Sea Scallop Experimental Area 
    under paragraph (a)(2) of this section may transit such area provided 
    that their gear is stowed in accordance with the provisions of 
    Sec. 648.81(e).
        (4) Allowed gear and experimental fishing permits--(i) Allowed gear 
    permits. The Regional Administrator may issue an AGP to any vessel to 
    fish within the Sea Scallop Experimental Area with the gear specified 
    in paragraph (a)(2)(i) of this section. Vessels receiving AGPs may be 
    required to move their gear within, or remove their gear from, the area 
    upon notification by the Regional Administrator and must comply with 
    any additional restrictions specified in the permit.
        (ii) Experimental fishing permits. The Regional Administrator may 
    issue an EFP under the provisions of Sec. 648.12, and consistent with 
    paragraph (a)(4)(iv) of this section, to any vessel participating in 
    the sea scallop aquaculture research project to engage in any of the 
    following activities; fish in the Sea Scallop Experimental Area; use 
    fishing gear that does not conform to the regulations; possess scallops 
    when not fishing under a DAS allocation; use up to an additional 2 DAS 
    per year when collecting and transporting undersized scallops to the 
    Sea Scallop Experimental Area; and do any other activity necessary to 
    project operations for which an exemption from regulatory provision is 
    required. Vessels issued an EFP must comply with all conditions and 
    restrictions specified in the permit.
        (iii) A vessel with an AGP or EFP must carry the permit on board 
    the vessel while fishing in the Sea Scallop Experimental Area or 
    participating in the scallop aquaculture project.
        (iv) The Regional Administrator may not issue an AGP or EFP unless 
    he determines that issuance is consistent with the objectives of the 
    FMP, the provisions of the Magnuson-Stevens Act, and other applicable 
    law and will not:
        (A) Have a detrimental effect on the sea scallop resource and 
    fishery;
        (B) Create significant enforcement problems; or
        (C) Have a detrimental effect on the scallop project.
        (5) Application. An application for an AGP or EFP must be in 
    writing to the Regional Administrator and be submitted at least 30 days 
    before the desired effective date of the permit. The application must 
    include, but is not limited to, the following information:
        (i) The date of application.
        (ii) The applicant's name, current address, telephone number and 
    fax number, if applicable.
        (iii) The current vessel name, owner address, and telephone number.
        (iv) The vessel's Federal permit number.
        (v) The USCG documentation number.
        (vi) The species (target and incidental) expected to be harvested.
        (vii) The gear type, size, buoy colors, trap identification 
    markings and amount of gear that will be used; and exact time(s) 
    fishing will take place in the Sea Scallop Experimental Area.
        (viii) The signature of the applicant.
        (b) [Reserved]
    
    [FR Doc. 98-23181 Filed 8-27-98; 8:45 am]
    BILLING CODE 3510-22-P
    
    
    

Document Information

Effective Date:
8/28/1998
Published:
08/28/1998
Department:
National Oceanic and Atmospheric Administration
Entry Type:
Rule
Action:
Final rule.
Document Number:
98-23181
Dates:
Effective August 28, 1998 through February 28, 2000.
Pages:
45939-45941 (3 pages)
Docket Numbers:
Docket No. 980817220-8220-01, I.D. 081098A
RINs:
0648-AL17
PDF File:
98-23181.pdf
CFR: (6)
50 CFR 648.56(a)(1)
50 CFR 648.81(e)
15 CFR 648.56
15 CFR 902.1
50 CFR 648.14
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