[Federal Register Volume 60, Number 65 (Wednesday, April 5, 1995)]
[Rules and Regulations]
[Pages 17272-17273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8249]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 650

[Docket No. 950118017-5081-02; I.D. 122994A]
RIN 0648-AH82


Atlantic Sea Scallop Fishery; Framework Adjustment 4; Temporary 
Reduction in Crew Size Limit

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 Framework Adjustment 
4 to the Atlantic Sea Scallop Fishery Management Plan (FMP). This 
framework adjustment temporarily adjusts the maximum crew limit on 
certain vessels participating in the scallop fishery from nine to seven 
through February 29, 1996.

EFFECTIVE DATE: May 1, 1995.

ADDRESSES: Copies of Amendment 4, its regulatory impact review, the 
initial regulatory flexibility analysis, the final supplemental 
environmental impact statement, and the supporting documents for 
Framework Adjustment 4 are available from Douglas Marshall, Executive 
Director, New England Fishery Management Council, Suntaug Office Park, 
5 Broadway, Saugus, MA 01906-1097.

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

SUPPLEMENTARY INFORMATION:

Background

    The final rule implementing Amendment 4 to the FMP was published on 
January 19, 1994 (59 FR 2757), with an effective date for most measures 
of March 1, 1994. The amendment retained the FMP's objectives to: (1) 
Restore adult stock abundance and age distribution; (2) increase yield 
per recruit for each stock; (3) evaluate plan research, development and 
enforcement costs; and (4) minimize adverse environmental impacts on 
sea scallops.
    Amendment 4 changed the primary management strategy from a meat 
count (size) control to effort control. The amendment controls total 
fishing effort through limited access permits and a schedule of 
reductions in allowable days-at-sea. Supplemental measures include 
limits on increases in vessel fishing power to control the amount of 
fishing pressure and to help control the size of scallops landed, gear 
restrictions, and limits on the number of crew members. The amendment 
also includes a framework procedure for adjusting the management 
measures in the FMP. Initially, the maximum crew size was set at nine.
    In response to very high levels of recruitment documented in the 
Mid-Atlantic resource area (Regional Director's Status Report, January 
1994), the New England Fishery Management Council (Council) recommended 
lowering the maximum crew size limit from nine to seven until December 
31, 1994. NMFS concurred and through Framework Adjustment 1, which was 
published on July 19, 1994 (59 FR [[Page 17273]] 36720), with an 
effective date of August 17, 1994, lowered the maximum crew size from 
nine to seven until December 31, 1994.
    Because the conditions that justified lowering the maximum crew 
size limit to seven still exist, the Council recommended extending the 
maximum crew size limit of seven through the end of the 1995-96 scallop 
fishing year.
    The adjustments being made through the framework process 
(Sec. 650.40) are within the scope of analyses contained in Amendment 4 
and the final supplemental environmental impact statement. Supplemental 
rationale and analyses of expected biological effects, economic 
impacts, impacts on employment, and safety concerns are contained 
within the supporting documents for Framework Adjustments 1 and 4 (see 
ADDRESSES).
    NMFS is adjusting the scallop regulations following the procedure 
for framework adjustments established by Amendment 4 and codified in 50 
CFR part 650, subpart C. The Council followed this procedure, by 
developing and analyzing the actions over the span of at least two 
Council meetings, on October 26 and December 8, 1994. However, because 
the December 8, 1994, meeting was not announced as the second and final 
of the two required meetings, the Council recommended that the 
Director, Northeast Region, NMFS (Regional Director) publish the 
measures contained in Framework Adjustment 4 as a proposed rule to 
ensure that the public has been afforded sufficient opportunity for 
notice and comment.
    In accordance with the regulations, public comments on the 
framework adjustment were taken by the Council during its October 26, 
1994, and December 8, 1994, meetings. The comments made at those 
meetings, as well as written comments received, were discussed in 
detail in the proposed rule (60 FR 8622, February 15, 1955) and are not 
repeated here.
    No additional comments were received during the comment period that 
followed publication of the proposed rule, and the proposed rule is 
adopted as final without change.

Classification

    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    When this rule was proposed, the Assistant General Counsel of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that, if adopted as proposed, it 
would not have a significant economic impact on a substantial number of 
small entities because: (1) It would be unlikely to force vessels to 
cease or substantially modify operations, (2) many vessels already 
carried crew sizes of seven or less because of low stock abundance of 
sea scallops, and (3) short-term benefits of harvesting immature sea 
scallops in 1995 that have never produced young for future years would 
be greatly outweighed by longer-term benefits to small entities for the 
next several years. As a result, a regulatory flexibility analysis was 
not prepared.

List of Subjects in 50 CFR Part 650

    Fisheries, Reporting and recordkeeping requirements.

    Dated: March 29, 1995.
Samuel W. McKeen,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 650 is amended 
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. Section 650.21, paragraph (c) is revised to read as follows:


Sec. 650.21  Gear and crew restrictions.

* * * * *
    (c) Crew restrictions. Limited access vessels participating in or 
subject to the scallop DAS allocation program may have no more than 
seven people aboard, including the operator, when not docked or moored 
in port through February 29, 1996, and nine people aboard when not 
docked or moored in port thereafter, including the operator, unless 
participating in the small dredge program specified in paragraph (e) of 
this section, or otherwise authorized by the Regional Director.
* * * * *
[FR Doc. 95-8249 Filed 3-30-95; 3:55 pm]
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