[Federal Register Volume 63, Number 188 (Tuesday, September 29, 1998)]
[Rules and Regulations]
[Pages 51862-51863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25933]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 980318065-8241-02; I.D. 030698B]
RIN 0648-AK68
Atlantic Sea Scallop Fishery; Extension of Interim Final Rule
Implementing Area Closures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim final rule; extension of expiration date.
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SUMMARY: NMFS extends the existing closures to scallop fishing of two
Mid-Atlantic areas for an additional 180 days. These closures would
have expired on September 28, 1998. The extensions are necessary to
continue protection of high concentrations of juvenile scallops while
permanent measures are being developed by the New England Fishery
Management Council (Council).
DATES: Effective September 28, 1998, the interim final rule published
March 31, 1998, beginning at 63 FR 15324 is extended through March 26,
1999.
FOR FURTHER INFORMATION CONTACT: Paul H. Jones, Fishery Policy Analyst,
978-281-9273.
SUPPLEMENTARY INFORMATION:
Background
In December 1997, the New England and Mid-Atlantic Fishery
Management Councils (Councils) initially requested interim action to
implement management measures for the scallop fishery, which close an
area south of Hudson Canyon and a specific area off Virginia Beach to
scallop fishing. An interim rule to immediately implement these
measures was published on March 31, 1998 (63 FR 15324), with effective
dates of April 3, 1998, through September 27, 1998. A full discussion
of the status of the scallop stock and the need for interim action is
found in the preamble to the interim rule and is not repeated here. No
comments were received during the comment period.
In August 1998, the Council adopted these same measures as part of
proposed Amendment 7 to the Atlantic Sea Scallop Fishery Management
Plan (FMP). The Council also voted to adjust the days-at-sea reduction
schedule and to implement a 10-year stock rebuilding program beginning
in the 1999 fishing year to eliminate overfishing and comply with the
requirements of the Sustainable Fisheries Act. The Council plans to
submit Amendment 7 to the FMP in October 1998. However, if Amendment 7
is approved, the final rule to implement it will not be published
before the end of the effective period of the interim rule, thus
allowing a lapse between the end date of the interim rule and the final
rule implementing Amendment 7. This could leave the already overfished
scallop stock unprotected from increased exploitation. Both Councils
expressed support for the extension of the interim action at their
August 1998 meetings. Extending an interim action for up to an
additional 180 days is authorized under section 305(c) of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act)
by publication in the Federal Register, provided the public has had an
opportunity to comment on the interim measure, and, in the case of a
Council recommendation for interim measures, the Council is actively
preparing an FMP, plan amendment, or proposed regulations to address
the overfishing on a permanent basis. This action meets both
requirements. The Council will soon submit Amendment 7, which will
address overfishing on a permanent basis, and the interim final rule
that implemented these closures requested public comment on the
measures (no comments were received during the comment period). The
extension would be in effect from September 28, 1998, through March 26,
1999, or until regulations implementing Amendment 7 become effective.
Classification
NMFS has determined that this rule is necessary to reduce
overfishing of sea scallops and is consistent with the
[[Page 51863]]
Magnuson-Stevens Act and with other applicable laws. The public is
aware that the Councils have requested this action and had an
opportunity to comment on it at Council meetings.
A delay in action to reduce overfishing increases the likelihood of
a loss of long-term productivity of the sea scallop resource and
increases the probable need for more severe restrictions in the future.
Accordingly, pursuant to the authority set forth at 5 U.S.C. 553(b)(B),
the Assistant Administrator finds that these reasons constitute good
cause to waive the requirement to provide prior notice and the
opportunity for public comment because such procedures would be
contrary to the public interest. Similarly, the need to implement these
measures in a timely manner to address overfishing of sea scallops
constitutes good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in effectiveness.
This interim rule has been determined to be not significant for
purposes of E.O. 12866.
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: September 22, 1998.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 98-25933 Filed 9-24-98; 3:58 pm]
BILLING CODE 3510-22-F
