[Federal Register Volume 59, Number 12 (Wednesday, January 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1245]


[[Page Unknown]]

[Federal Register: January 19, 1994]


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DEPARTMENT OF COMMERCE
50 CFR Part 650

[I.D. 010394A]

 

Atlantic Sea Scallop Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary adjustment of the meat count/shell height standards.

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SUMMARY: NMFS issues this notice to implement a temporary adjustment of 
the meat count and shell height standards for the Atlantic sea scallop 
fishery. Its purpose is to take into account the fact that at the end 
of the spawning season, the scallop resource is dominated by small 
scallops. This action increases the average meat count standard to 33 
meats per pound (MPP) (33 meats per 0.45 kg) and the shell height 
standard to 3\11/16\ inches (94 mm).

EFFECTIVE DATES: February 1, 1994, through February 28, 1994.

FOR FURTHER INFORMATION CONTACT:
Paul H. Jones, Resource Policy Analyst, Fishery Management Operations, 
NMFS, Northeast Regional Office, 508-281-9273.

SUPPLEMENTARY INFORMATION: Regulations at 50 CFR part 650 implementing 
the Fishery Management Plan for Atlantic sea scallops (FMP) authorize 
the Director, Northeast Region, NMFS (Regional Director), to adjust 
temporarily the meat count/shell height standards (standards) upon 
finding that specific criteria are met. These criteria, which appear at 
Sec. 650.22(c), include the finding that: (1) The objective of the FMP 
would be achieved more readily, or would be better served through an 
adjustment of the standards; (2) the recommended alteration in the 
standards would not reduce expected catch over the following year by 
more than 5 percent from that which would have been expected under the 
prevailing standard; (3) the recommended standards for meat count and 
shell height are consistent with each other; and (4) 50 percent of the 
harvestable biomass is at scallop sizes smaller than those consistent 
with the prevailing standards, and a temporary relaxation of the 
standards would not jeopardize future recruitment to the fishery. 
Adjustments of the standards may remain in effect for up to twelve 
months.
    After consideration of the criteria, the Regional Director made a 
proposal to adjust the standards. In accordance with the regulations, a 
public hearing was held during the December 9, 1993, New England 
Fishery Management Council (Council) meeting and comments on this 
recommendation were solicited. Attendance at the public hearing was 
low; only one State Director and one member of the industry commented. 
The comments were in support of the recommended adjustment. No written 
comments were received on the recommendation.
    After consideration of the full record, including: (1) Comments 
from the public, (2) comments from the Council, (3) new resource and 
assessment information, and (4) available information on the fishery 
and the industry, the Regional Director has decided to adjust the 
standards to 33 MPP (0.45 kg) with a corresponding shell height 
standard of 3\11/16\ inches (94 mm) for the period February 1, 1994, 
through February 28, 1994.
    This adjustment to the standards coincides with the end of the 10 
percent spawning season adjustment approved under Amendment 2 to the 
FMP (53 FR 23634). This action was also taken in 1990, 1991, 1992, and 
1993, at the end of the spawning season adjustment period. Survey 
information shows that abundance and recruitment values for the sea 
scallop resource are down and that the resource is dominated by small 
scallops. This makes attaining an average MPP standard difficult 
because of the scarcity of large scallops available for mixing. Vessel 
costs increase because additional time and fuel must be spent in search 
of large scallops, discard mortality increases on small scallops, and 
landings decrease. These factors conflict with the objectives of the 
FMP and, therefore, criterion 1 outlined above.
    This action meets criterion 2 because it is not expected to reduce 
catch over the following year by more than 5 percent.
    Criterion 3 states that the meat count and shell height standards 
will remain consistent with each other. Based on analysis of historical 
survey data, the 33 MPP (0.45 kg) is consistent with a corresponding 
shell height standard of 3\11/16\ inches (94 mm), thereby, conforming 
with criterion 3.
    Criterion 4 states that 50 percent of the harvestable biomass must 
be at sizes smaller than the prevailing standard (30 MPP). Recent 
survey results show that 50 percent of the harvestable biomass consists 
of scallops smaller than 30 MPP. Thus this portion of criterion 4 is 
met. Criterion 4 also states that a temporary relaxation of the 
standards must not jeopardize future recruitment to the fishery. Sea 
scallops have their first significant spawning at age four. Age four 
sea scallops range from approximately 30 count to 50 count. The 
Regional Director recognizes that caution must be exercised when 
recommending a temporary adjustment to the meat count standard within 
this range. It is unlikely, however, that an adjustment of this 
magnitude, for a one month period, will jeopardize future recruitment 
to the fishery.
    This temporary adjustment will be effective February 1, 1994, 
through February 28, 1994. During this period, the meat count standard 
will be 33 MPP (33 meats per 0.45 kg) and the shell height standard 
3\11/16\ inches (94 mm). After February 28, 1994, sea scallop FMP 
Amendment 4 will be effective, and the meat count will no longer be in 
use as a management measure.

List of Subjects in 50 CFR Part 650

    Fisheries, Reporting and recordkeeping requirements.

    Dated: January 13, 1994.
David S. Crestin,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 94-1245 Filed 1-18-94; 8:45 am]
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