[Federal Register Volume 59, Number 46 (Wednesday, March 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5367]


[[Page Unknown]]

[Federal Register: March 9, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 650

[Docket No. 940368-4068; I.D. 030294C]

 

Atlantic Sea Scallop Fishery

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

ACTION: Emergency interim rule.

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SUMMARY: NMFS issues this emergency interim rule to provide 
alternatives to the minimum ring size required for Atlantic sea scallop 
dredges by amendment 4 to the Fishery Management Plan for the Atlantic 
Sea Scallop Fishery (FMP) and its implementing regulations. Through 
April 30, 1994, participants in the fishery must comply with either the 
scallop meat-count requirement or corresponding shell-height 
requirement that existed prior to the implementation of amendment 4, or 
to the ring-size requirement implemented under amendment 4. The intent 
is to provide relief to fishermen who may have been unable to obtain 
the required rings, which are not currently available in sufficient 
quantities to supply the industry.

EFFECTIVE DATES: March 4, 1994 through April 30, 1994.

FOR FURTHER INFORMATION CONTACT: Paul H. Jones, Fishery Policy Analyst, 
NMFS, 508-281-9273.

SUPPLEMENTARY INFORMATION:

Background

    Amendment 4 to the FMP was prepared by the New England Fishery 
Management Council (Council) under the authority of the Magnuson 
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) 
(Magnuson Act) and approved by NMFS. Regulations implementing amendment 
4 were published January 19, 1994 (59 FR 2757), and became effective 
March 1, 1994. In addition to other management measures, amendment 4 
eliminated the average meat-count standard previously in effect to 
protect small scallops. The meat-count standard was most recently 
established at 33 meats per pound (59 FR 2777, January 19, 1994), which 
corresponds to a minimum shell height of 3\11/16\ inches (94 mm). In 
its place, to reduce the number of juvenile scallops that would be 
retained and subjected to unnecessary mortality through elimination of 
the meat-count standard, amendment 4 imposed a minimum inside diameter 
ring size for scallop dredges of 3\1/4\ inches (83 mm) in 1994 and 
1995.
    Because they were unable to predict whether amendment 4 would be 
approved, suppliers of scallop dredge rings were reluctant to purchase, 
and have available, sufficient numbers of the required rings as of 
March 1, 1994. As a result, not all scallop vessel owners have been 
able to purchase the required rings; therefore, they are unable to 
comply with the regulations implementing amendment 4 now in effect. 
These circumstances have made it impossible for such vessels to fish.
    To provide relief to scallop fishermen unable to acquire the larger 
dredge rings, and to provide protection to juvenile sea scallops, this 
emergency rule allows vessels to comply with either the 3\1/4\ inch (83 
mm) minimum ring-size requirement, or an average 33-meat-count 
requirement (or the corresponding minimum shell-height standard) 
through April 30, 1994. By May 1, 1994, all scallop dredge vessels must 
comply with the minimum ring-size requirement. It is anticipated that 
the circumstances necessitating this emergency action will have been 
alleviated by that date.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined that this rule is necessary to respond to an emergency 
situation and is consistent with the Magnuson Act and other applicable 
law.
    This rule is not subject to review under Executive Order 12866.
    This rule is exempt from the procedures of the Regulatory 
Flexibility Act because the rule is issued without opportunity for 
prior public comment.
    The AA finds for good cause that the reasons justifying 
promulgation of this rule on an emergency basis also make it 
impracticable and contrary to the public interest to provide notice and 
opportunity for comment under the provisions of section 553(b) of the 
Administrative Procedure Act (APA). Further, because this rule relieves 
a restriction, under section 553(d) of the APA, there is no need to 
delay for 30 days the effective date of these regulations.

List of Subjects in 50 CFR 650

    Fisheries, Reporting and recordkeeping requirements.

    Dated: March 3, 1994.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set forth in the preamble, 50 CFR part 650 is 
temporarily amended from March 4, 1994, through April 30, 1994, as 
follows:

PART 650--ATLANTIC SEA SCALLOP FISHERY

    1. The authority citation for part 650 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    2. In Sec. 650.9, paragraphs (b)(13) and (c)(14) are suspended and 
paragraphs (b)(25), (b)(26), (c)(8), and (c)(9) are added to read as 
follows:


Sec. 650.9  Prohibitions.

* * * * *
    (b) * * *
    (25) Possess more than 40 pounds (18.14 kg) of shucked scallops or 
5 U.S. bushels (176.1 L) of in-shell scallops while in possession of, 
or fish under the DAS allocation program with, dredge gear containing 
rings that have minimum sizes smaller than those specified in 
Sec. 650.21(b)(3), except as provided in Sec. 650.30(a).
    (26) Fail to comply with the alternatives provided in 
Sec. 650.30(a), if in possession of more than 40 pounds (18.14 kg) of 
shucked scallops or 5 U.S. bushels (176.1 L) of in-shell scallops while 
in possession of, or fishing under the DAS allocation program with, 
dredge gear containing rings that have minimum sizes smaller than those 
specified in Sec. 650.21(b)(3).
    (c) * * *
    (8) Possess more than 40 pounds (18.14 kg) of shucked scallops or 5 
U.S. bushels (176.1 L) of in-shell scallops while in possession of, or 
fish for scallops with, dredge gear containing rings that have minimum 
sizes smaller than those specified in Sec. 650.21(b)(3), except as 
provided in Sec. 650.30(a).
    (9) Fail to comply with the average meat-count standard or minimum 
shell-height standard alternatives provided in Sec. 650.30(a), if in 
possession of more than 40 pounds (18.14 kg) of shucked scallops or 5 
U.S. bushels (176.1 L) of in-shell scallops while in possession of, or 
fishing for scallops with, dredge gear containing rings that have 
minimum sizes smaller than those specified in Sec. 650.21(b)(3), except 
as provided in Sec. 650.30.
* * * * *
    3. Section 650.20 is suspended.
    4. In Sec. 650.21, paragraph (b)(3)(i) is suspended and paragraph 
(b)(3)(iv) is added to read as follows:


Sec. 650.21  Gear and crew restrictions.

* * * * *
    (b) * * *
    (3) * * *
    (iv) For 1994 and 1995, the inside diameter ring size of a scallop 
dredge in use by or in possession of such vessels shall not be smaller 
than 3\1/4\ inches (83 mm), except as provided in Sec. 650.30.
* * * * *
    5. A new Sec. 650.30 is added to subpart B to read as follows:


Sec. 650.30  Alternatives to dredge minimum ring-size requirements.

    (a) From March 4, 1994, through April 30, 1994, scallop dredge 
vessels may, as an alternative to dredge minimum ring-size requirements 
contained in Sec. 650.21(b)(3)(iv), comply with one of the standards in 
paragraphs (a)(1) or (a)(2) of this section. (1) The average meat count 
for shucked Atlantic sea scallops must not exceed 33 meats per pound 
(per 0.45 kg).
    (2) The shell height for in-shell Atlantic sea scallops must not be 
less than 3\11/16\ inches (94 mm).
    (b) Compliance and sampling. Compliance with the specified meat-
count and shell-height standards will be determined by inspection and 
enforcement up to and including the first transaction in the United 
States as follows: (1) Shucked meats (average meat count). The 
Authorized Officer will take 1-lb (0.45 kg) samples at random from the 
total amount of scallops in possession. The person in possession of the 
scallops may request that as many as 10 1-lb samples be examined as a 
sample group. A sample group fails to comply with the standard if the 
average meat count for the entire sample group exceeds the standard. 
The total amount of scallops in possession will be deemed in violation 
of this regulation if the sample group fails to comply with the 
standard.
    (2) Scallops in the shell (minimum shell height). The Authorized 
Officer will take samples of 40 scallops each, at random, from the 
total amount of scallops in possession. The person in possession of the 
scallops may request that as many as 10 samples (400 scallops) be 
examined as a sample group. A sample group fails to comply with the 
standard if more than 10 percent of the number of scallops in the 
sample group are less than the shell height specified by the standard. 
The total amount of scallops in possession will be deemed in violation 
of this regulation and subject to forfeiture if the sample group fails 
to comply with the standard.
    (3) All sea scallop dredge vessels and all vessels landing more 
than 5 bushels (176.2 L) of Atlantic sea scallops in the shell must 
offload all fish each day within the applicable 12-hour offloading 
period as specified below:

------------------------------------------------------------------------
        State of offloading                         Period              
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ME, NH, NC, SC, GA, & FL...........  7 a.m. to 7 p.m.                   
MA, RI & CT........................  5 a.m. to 5 p.m.                   
NY, NJ, DE, MD, VA, & PA...........  6 a.m. to 6 p.m.                   
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    (4) All other vessels not covered by paragraph (b)(3) of this 
section, landing more than 40 pounds (18.1 kg) of shucked Atlantic sea 
scallops, must offload the scallops within the applicable offloading 
period specified in paragraph (b)(3) of this section.
    (5) Presumption. Fish not offloaded from vessels subject to the 
provisions of paragraph (b)(3) of this section, and shucked Atlantic 
sea scallops not offloaded from vessels subject to the provisions of 
paragraph (b)(4) of this section, during the offloading period, must 
remain on the vessel until the following offloading period. There shall 
be a presumption of unlawful offloading for any such catch that is 
observed or identified on such a vessel by an authorized officer at the 
close of the previous offloading period, if such catch is not found on 
that vessel at the beginning of the following offloading period.

[FR Doc. 94-5367 Filed 3-4-94; 11:48 am]
BILLING CODE 3510-22-P