[Federal Register Volume 61, Number 184 (Friday, September 20, 1996)]
[Proposed Rules]
[Pages 49428-49430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24130]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 960910252-6252-01; I.D. 082296B]
RIN 0648-AI77
Fisheries of the Northeastern United States; Atlantic Sea Scallop
Fishery; Amendment 5
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 proposes regulations to implement Amendment 5 to the
Fishery Management Plan for the Atlantic Sea Scallop Fishery (FMP). The
amendment would: Close a 9 mi2 (23.31 km2) site to mobile
fishing gear and partially close the site to non-mobile gear for an 18-
month period, and temporarily exempt certain vessels from fishing
regulations. The intended effect is to support an aquaculture research
project and prevent conflicts between fishing gear and project
equipment for the limited duration of the research project.
DATES: Comments on the proposed rule must be received on or before
November 1, 1996.
ADDRESSES: Comments on the proposed rule, Amendment 5, or its
supporting documents should be sent to Dr. Andrew A. Rosenberg,
Director, Northeast Regional Office, NMFS, 1 Blackburn Drive,
Gloucester, MA 01930. Mark the outside of the envelope ``Comments on
Sea Scallop Plan.''
Comments regarding burden-hour estimates for collection-of-
information requirements contained in this proposed rule should be sent
to Dr. Andrew A. Rosenberg, at the address above, and to the Office of
Information and Regulatory Affairs, Office of Management and Budget
(OMB), Washington, D.C. 20502 (Attention: NOAA Desk Officer).
Copies of Amendment 5, its regulatory impact review, initial
regulatory flexibility analysis, and the environmental assessment are
available from Christopher Kellogg, Acting Executive Director, New
England Fishery Management Council, Suntaug Office Park, 5 Broadway,
Saugus, MA 01906-1097.
FOR FURTHER INFORMATION CONTACT: Paul H. Jones, Fishery Policy Analyst,
508-281-9273.
SUPPLEMENTARY INFORMATION: Regulations implementing the FMP are found
at 50 CFR part 648. The objectives of the FMP are: (1) To restore adult
stock abundance and age distribution; (2) to increase yield-per-recruit
for each stock; (3) to evaluate plan research, development and
enforcement costs; and (4) to minimize adverse environmental impacts on
sea scallops. This amendment would address these objectives indirectly
by implementing regulations in support of a sea scallop aquaculture
project that may yield information applicable to improving conservation
and management of this species.
Proposed Management Measures
Amendment 5 to the FMP was prepared by the New England Fishery
Management Council (Council). A notice of availability for the proposed
amendment was published in the Federal Register on August 29, 1996, (61
FR 45395). The amendment proposes to establish a 9 mi2 (23.31
km2) area closure approximately 12 mi (22.22 km) southwest of the
island of Martha's Vineyard, MA, for 18 months, during which time a
scallop aquaculture project sponsored by NMFS under the Saltonstall-
Kennedy grant program would take place. This area is hereafter called
the Sea Scallop Experimental Area.
This action would allow some vessels participating in the project
to receive exemptions from current fishing regulations. Eleven fishing
vessels and two research vessels would participate in the project
research and activity. Scientific research vessels conducting
scientific research are exempt from fishing regulations implemented
under the Magnuson Fishery Conservation and Management Act (Magnuson
Act). However, fishing vessels engaged in project activities must
receive written authorization in the form of an experimental fishing
permit (EFP) from the Director, Northeast Regional, NMFS (Regional
Director) to be exempted from any of the regulations. Activities that
may be exempted include, but are not limited to: Fishing within the Sea
Scallop Experimental Area, using fishing gear that does not conform to
the regulations, or possessing scallops when not fishing under a days-
at-sea (DAS) allocation. This requirement for an EFP differs from the
Council's proposed amendment but is necessary to ensure consistency
with and enforceability of the new regulations under Sec. 600.745
regarding scientific research and exempted fishing activities.
This action would prohibit fishing with gillnet and mobile gear,
i.e., trawls
[[Page 49429]]
and dredges, within the Sea Scallop Experimental Area. Other fixed gear
such as lobster pot, longline, handgear, and any other gear determined
by the Regional Director not likely to interfere with the research
project, would be allowed in the area under a special registration
program administered by the Regional Director. The purpose of the
registration program is to inform vessel operators of the location of
the research equipment and to provide a means to communicate potential
conflicts between fishery and project activities. Fishers authorized to
fish in the Sea Scallop Experimental Area with the allowed gear may
also be required to remove periodically their gear or may be required
to set fishing gear a certain minimum distance from research project
activities. At least 2 weeks notice would be provided to vessel
operators to relocate fishing gear. All vessels would be allowed to
transit the area at any time, provided their fishing gear is properly
stowed.
These restrictions on fishing are necessary because mobile gear
could inadvertently destroy expensive grow-out or monitoring equipment.
Although this closure would be temporary and would not create any
permanent rights or interests at the experimental site, the success of
the experiment is dependent on gear restrictions within the area,
particularly for mobile and gillnet gear. The impacts of the closure
are expected to be small, because the amount of fish landed
commercially from this area is small compared to the total commercial
landings in the region. Some current uses of the area by mobile gear
operators, gillnet fishers, and scallopers would be affected by the 18-
month closure period. The estimates of lost revenue due to loss of
multispecies landings is approximately $6,000. This would be offset by
the benefits accrued by fishing vessels participating in the research
project that would be compensated through the harvesting and sale of
scallops at the conclusion of the project. New information on sea
scallop enhancement, harvest gear and habitat interactions, open ocean
cage engineering and growth rates of transferred juvenile brood stock
in both cage culture and open bottom culture may provide the tools
needed to expand the resource base for the future.
Vessels authorized to participate in project activities would be
exempt from the requirement to fish under a DAS allocation if a trip is
conducted exclusively within or transiting to and from the Sea Scallop
Experimental Area, or during the portion of a fishing trip used to
transport project specimens from the fishing grounds to the area.
Rather than attempting to monitor the portion of a fishing trip that a
vessel should be exempt from DAS while transporting specimens, fishing
vessels having DAS allocations that participate in the project activity
would be credited with 2 DAS to account for this time. Time away from
port that is used exclusively for project activities within the
experimental area or transiting to and from the area would also be
exempted from the DAS requirements.
Classification
Section 304(a)(1)(D)(ii) of the Magnuson Act requires that the
regulations proposed by a Council be published within 15 days of the
receipt of the amendment and regulations. At this time, NMFS has not
determined that the amendment these rules would implement is consistent
with the national standards, other provisions of the Magnuson Act, and
other applicable law. NMFS, in making that determination, will take
into account the information, views, and comments received during the
comment period.
This proposed rule has been determined to be significant for the
purposes of E.O. 12866. This action raises a novel legal or policy
issue arising out of a legal mandate under the Magnuson Act, in that it
may be viewed as setting a precedent for establishing future
aquaculture efforts in the exclusive economic zone.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration regarding the proposed rule as
follows:
I certify that this attached proposed rule issued under
authority of section 304(a) of the Magnuson Fishery Conservation and
Management Act will not have a significant economic impact on a
substantial number of small entities. The proposed rule would
establish a nine square mile site approximately twelve miles south
of Martha's Vineyard as an experimental use area for 18 months. The
area would be closed to fishing with mobile gear that might
interfere with an experimental and demonstration project involving
sea scallop research, enhancement and aquaculture to be conducted by
scientific and technical experts in cooperation with fishermen.
The proposed action will not have any significant effects on a
substantial number of small entities because: (1) The few
groundfish, sea scallop or lobster vessels that may have fished in
the area with mobile gear would be able to redirect their effort to
areas adjacent to the experimental area so that ex-vessel revenues
for these vessels should not change, (2) no vessels are expected to
cease operations as a result of the closure, and (3) compliance
costs are not expected to change for any vessels. The total average
annual revenues for groundfish in this area from 1985 through 1991
were $6,000, the area is low in abundance of sea scallops, and
limited pot fishing for lobsters will still be allowed in the area.
The proposed rule contains one new collection-of-information
requirement subject to the Paperwork Reduction Act (PRA). A request to
collect this information has been submitted to OMB for approval. The
public's reporting burden for the collection-of-information
requirements includes the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection-of-information requirements.
The new reporting requirement is: Sea Scallop Experimental Area
authorization request, (0.5 hours/response).
Send comments regarding burden estimates, or any other aspect of
the data collection, including suggestions for reducing the burden, to
NMFS and OMB (see ADDRESSES).
Notwithstanding any other provision of law, no person is required
to respond to, nor shall any person be subject to, a penalty for
failure to comply with a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
An informal consultation under the Endangered Species Act was
concluded for Amendment 5 to the FMP on August 2, 1996. As a result of
the informal consultation, the Regional Director determined that
fishing activities conducted under this rule are not likely to
adversely affect endangered or threatened species or critical habitat.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: September 16, 1996.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be 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, paragraph (a)(89) is added to read as follows:
Sec. 648.14 Prohibitions.
(a) * * *
(89) Fish in or transit the Sea Scallop Experimental Area defined
in
[[Page 49430]]
Sec. 648.56(a)(1), as described in Sec. 648.56(a)(2) and (a)(3).
* * * * *
3. Section 648.56 is added to read as follows:
Sec. 648.56 Scallop research project.
(a)(1) Sea scallop experimental area. From [insert date 30 days
after date of publication of the final rule for this action through
date 18 months after such date], no fishing vessel or person on a
fishing vessel may fish in or transit 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:
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 fish in the Sea Scallop Experimental Area:
(i) With pot gear and traps, if such vessel has been issued an EFP
under paragraph (a)(4)(i)(A) of this section;
(ii) With longline gear, if such vessel has been issued an EFP
under paragraph (a)(4)(i)(A) of this section;
(iii) Fishing with handgear;
(iv) With gear determined by the Regional Director not likely to
interfere with a scallop aquaculture research project sponsored by
NMFS, if such vessel has been issued an EFP under paragraph
(a)(4)(i)(A) of this section; or
(v) If such vessel has been issued an EFP under paragraph
(a)(4)(i)(B) of this section to participate in the scallop aquaculture
research project sponsored by NMFS.
(3) Transiting. Vessels that are not exempted from the prohibition
of 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) Experimental fishing permits. (i) The Regional Director may
issue an EFP under the provisions of Sec. 648.12 to:
(A) Any vessel to fish within the Sea Scallop Experimental Area
with the gear specified in paragraph (a)(2)(i), (a)(2)(ii), and
(a)(2)(iv) of this section. Vessels receiving EFPs may be required to
move their gear within, or remove their gear from, the area upon
notification by the Regional Director and must comply with any
additional restrictions specified in the EFP.
(B) Any vessel participating in the scallop aquaculture research
project sponsored by NMFS to fish within the Sea Scallop Experimental
Area, to use fishing gear that does not conform to the regulations, and
to possess scallops when not fishing under a DAS allocation. The
Regional Director may also restore up to 2 DAS, per year, to vessels
collecting and transporting undersized scallops to the area. The
Regional Director may exempt vessels from other regulatory provisions
if the exemptions are necessary to project operations and consistent
with paragraph (a)(4)(iii) of this section.
(ii) A vessel with an EFP authorizing it to participate in the
scallop aquaculture research project sponsored by NMFS or to use
exempted gear in the Sea Scallop Experimental Area must carry the EFP
on board the vessel.
(iii) The Regional Director may not issue an EFP unless it is
determined to be consistent with the objectives of the FMP, the
provisions of the Magnuson Act, and other applicable law and that
issuing the EFP 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 EFP for a vessel to fish
within the Sea Scallop Experimental Area must be in writing to the
Regional Director and be submitted at least 30 days before the desired
effective date of the EFP. 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 Coast Guard 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.
[FR Doc. 96-24130 Filed 9-17-96; 1:00 pm]
BILLING CODE 3510-13-P
