[Federal Register Volume 60, Number 125 (Thursday, June 29, 1995)]
[Rules and Regulations]
[Pages 33757-33760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16007]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 650
[Docket No. 950615156-5156-01; I.D. 050295A]
RIN 0648-AI02
Atlantic Sea Scallop Fishery; Framework 5 Gear Restrictions
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 measures contained in
Framework Adjustment 5 to the Fishery Management Plan for the Atlantic
Sea Scallop Fishery (FMP). This rule implements measures that prohibit
limited access vessels, fishing under the days-at-sea (DAS) program,
from using trawl nets, with the exception of vessels that have not used
a scallop dredge since January 1, 1988, to the present, and requires
all dredges to have a minimum number of rows of steel rings extending
from the ``after end'' to the club stick. The intent is to protect
against the overharvest of small, immature sea scallops.
EFFECTIVE DATE: July 31, 1995.
ADDRESSES: Copies of Amendment 4, its regulatory impact review, initial
regulatory flexibility analysis (IRFA), the final supplemental
environmental impact statement, and the supporting documents for
Framework Adjustment 5 are available from Douglas Marshall, Executive
Director, New England Fishery Management Council, Suntaug Office Park,
5 Broadway (U.S. Route 1), Saugus, MA 01906-1097, telephone 617-231-
0422.
FOR FURTHER INFORMATION CONTACT: Paul H. Jones, Fishery Policy Analyst,
508-281-9273.
SUPPLEMENTARY INFORMATION:
Background
Amendment 4 to the FMP was implemented on March 1, 1994 (59 FR
2757, January 19, 1994). The amendment established controls on total
fishing effort through limited entry and a schedule of reductions in
allowable time at sea. Although the amendment was approved, NMFS
remains concerned about the near-term level of protection of small sea
scallops. This concern is reflected in the Director's, Northeast
Region, NMFS (Regional Director), approval letter to the New England
Fishery Management Council (Council), dated November 5, 1993, that
advised the Council that the Regional Director will be monitoring
carefully the initial impact of the amendment on fishing mortality
rates of small sea scallops. If fishing mortality rates increased
beyond anticipated levels, the Council was expected to consider
immediately, adjustments for implementation under the framework measure
provisions of the amendment.
Ban on Trawl Nets
The final rule prohibits limited access vessels fishing under the
DAS program from using trawl nets except for vessels that have not used
a scallop dredge since January 1, 1988. The intended effect of this
prohibition is to prevent current scallop dredge vessels from switching
to trawl nets, a switch that would likely result in a significant
increase in the harvest of small scallops in contravention of Amendment
4 objectives. Many of the current dredge operators have commented that
the replacement of dredges with trawl nets, in the sea scallop fishery,
may result in the further depletion of the resource. The Council's
Scallop Plan Development Team supports this concern in its finding that
the use of trawl nets tends to circumvent the limits on fishing gear
selectivity intended by the regulatory 3\1/4\ (83 mm) and 3\1/2\ inch
(89 mm) minimum ring size restrictions for dredges. Furthermore, at
least one study has shown that trawl nets are not as selective as
dredges in regard to the harvest of smaller scallops and that larger
numbers of smaller scallops are killed during landing, while on deck,
or during or after discarding in the trawl fishery than in the dredge
fishery.
For purposes of allowing traditional fishing practices to continue,
as analyzed in connection with Amendment 4, Framework Adjustment 5
allows vessels that have not used a scallop dredge since January 1,
1988, to fish for scallops using trawl nets. This exemption will apply
only to vessels for which an eligibility determination has been made in
1995. This criterion is intended to allow only those vessels that are
incapable of towing dredges due to their lack of sufficient engine
power and/or proper construction to participate in the trawl net
segment of the fishery. The number of such vessels is projected to be
small and, therefore, allowing such vessels to continue to fish with
trawl nets is anticipated not to have any significant impact on the
stock.
Restrictions on Dredge Configuration
Amendment 4 prohibits the use of any material, device, or net or
dredge configuration or design that results in obstructing the release
of scallops that would have passed through a legal size net and dredge
that did not use any such material, device, or net or dredge
configuration or design. The Council is aware of a recent practice of
running the twine top along the back of the dredge to the club stick.
This practice limits the ability of the dredge to open up as the mesh
stretches shut, thereby restricting the escapement of smaller scallops.
Framework Adjustment 5 specifies the acceptable twine top configuration
for dredges in use by limited access vessels under the DAS program.
Specifically, the framework adjustment refines the dredge vessel gear
restrictions to require that all dredges that are wider than 8 ft (2.44
m) and all dredges used on double-rigged vessels have at least seven
rows (regardless of ring size) of nonoverlapping steel rings between
the after end of the twine top and the club stick. Additionally, all
single dredges of 8 ft (2.44 m) or less width must have at least four
rows (regardless of ring size) of nonoverlapping steel rings between
the after end of the twine top and the club stick.
Public Comment
The December 8, 1994, Council meeting was the first of the required
public meetings under the framework adjustment process as announced in
the Federal Register on December 2, 1994 (59 FR 61878). A draft
document containing the proposed management measures and their
rationale was available to the public on December 28, 1994, and mailed
to 260 people, including those serving as scallop industry advisors to
the Council. Two subsequent public hearings were held jointly with
Council meetings occurring on January 12, 1995, and March 30, 1995.
Five written sets of comments were received by the Council. Four
commenters favored the framework, while one was opposed to an exemption
for traditional net vessels.
Testimony provided by industry members and other interested parties
mirrored the concern of the Council regarding net trawls, dredge
configuration, and the taking of small
[[Page 33758]]
scallops. Traditional net fishers, especially those from the Mid-
Atlantic area, voiced concern regarding a prohibition on trawl nets.
However, all agreed that an exemption for traditional net vessels from
the ban on nets, would address concerns of net fishermen, while
providing adequate protection to the resource.
Classification
The Assistant Administrator for Fisheries, NOAA (AA), finds there
is good cause to waive prior notice and opportunity for comments under
5 U.S.C. 553(b)(B). Three Council meetings held by the Council to
discuss management measures implemented by this rule provided adequate
prior notice opportunity for public comment to be made and considered.
Thus additional opportunity for public comment is unnecessary. Because
prior notice and an opportunity for comment is not required for this
rule, no regulatory flexibility analysis is required or was prepared.
This final rule has been determined to be not significant for
purposes of E.O. 12866.
List of Subjects in 50 CFR Part 650
Fisheries, Reporting and recordkeeping requirements.
Dated: June 23, 1995.
Richard H. Schaefer,
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 650.9 is amended by revising paragraphs (a)(5) and
(d)(13) and adding paragraphs (b)(25) and (b)(26) to read as follows:
Sec. 650.9 Prohibitions.
* * * * *
(a) * * *
(5) Make any false statement in connection with an application or
declaration under Sec. 650.4, Sec. 650.5 or Sec. 650.21.
(b) * * *
(25) Fish with, possess on board, or land scallops while in
possession of trawl nets, when fishing for scallops under the DAS
allocation program unless exempted as provided for in Sec. 650.21(f).
(26) Fail to comply with the restriction on twine top described in
Sec. 650.21(b)(4)(iv).
* * * * *
(d) * * *
(13) Make any false statement on any report or declaration under
Sec. 650.7 or under Sec. 650.21.
3. Section 650.21 is amended by revising paragraph (a) introductory
text and adding paragraphs (b)(4)(iv) and (f) to read as follows:
Sec. 650.21 Gear and crew restrictions.
(a) Trawl vessel gear restrictions. Trawl vessels in possession of
more than 40 lb (18.14 kg) of shucked scallops or 5 U.S. bushels (176.2
l) of in-shell scallops, trawl vessels fishing for scallops, and trawl
vessels issued a limited access scallop permit under Sec. 650.4(a),
while fishing under or subject to the DAS allocation program for sea
scallops and authorized to fish with or possess on board trawl nets
pursuant to Sec. 650.21(f), must comply with the following:
* * * * *
(b) * * *
(4) * * *
[[Page 33759]]
(iv) Twine top restrictions. Vessels issued limited access scallop
permits that are fishing for scallops under the DAS Program are also
subject to the following restrictions: For dredges greater than 8 ft
(2.44 m) in width or for dredges on a vessel rigged with more than one
dredge, regardless of size, at least seven rows of nonoverlapping steel
rings unobstructed by netting or any other material, must be between
the terminus of the dredge (club stick) and the net material on the top
of the dredge (twine top). For dredges less than 8 ft (2.44 m) in
width, used singly, at least four rows of nonoverlapping steel rings
unobstructed by netting or any other material must be between the club
stick and the twine top of the dredge (Figure 2).
* * * * *
(f) Restriction on the use of trawl nets. (1) Beginning on August
28, 1995 vessels issued a limited access scallop permit fishing for
scallops under the DAS allocation program may not fish with, possess on
board, or land scallops while in possession of trawl nets unless such
vessels have been determined to be eligible to use trawl nets and have
on board a valid letter of authorization as specified and provided for
under paragraphs (f)(2) and (3) of this section.
(2) Determination of eligibility to use trawl nets. To be eligible
for an exemption from the restriction described in paragraph (f) of
this section, a vessel may not have fished for scallops with a scallop
dredge from January 1, 1988, to the present. NMFS will contact all
limited access permit holders to notify them of their initial
determination of eligibility for an exemption from the prohibition on
the use of trawl nets based on information currently available to NMFS.
If a vessel owner agrees with an initial determination that the vessel
is eligible to use a trawl net, the owner must, within 30 days of
receipt of the initial determination, sign and submit to NMFS a
declaration, provided by NMFS, stating that the vessel has not fished
for scallops with a scallop dredge from January 1, 1988, to the
present. If the vessel owner disagrees with an initial determination
that the vessel is not eligible to use a trawl net, the owner must,
within 30 days of receipt of the initial determination, sign and submit
to NMFS a declaration, provided by NMFS, stating that the vessel has
not fished for scallops with a scallop dredge from January 1, 1988, to
the present. The signed declaration shall serve as a rebuttable
presumption that the vessel qualifies for an exemption from the
prohibition on the use of trawl nets. This exemption applies only to
vessels that have been issued 1995 limited access scallop permits or
that are eligible to be issued such a permit, and for which a
determination has been made in 1995, except as provided in paragraph
(f)(4) of this section.
(3) Authorization to use trawl nets. Vessels determined to have met
the criteria for exemption from the prohibition on the use of trawl
nets, pursuant to paragraph (f)(2) of this section, shall be issued a
letter of authorization by the Regional Director. Such letter must be
carried on board the vessel at all times. In subsequent years,
eligibility for this exemption will be indicated on the vessel's
permit.
(4) Authorization to use trawl nets by replacement vessels. To be
eligible for an exemption from the restriction described in paragraph
(f) of this section, any replacement vessel of a vessel authorized to
fish for scallops with trawl nets must meet the eligibility
requirements and have on board a valid letter of authorization as
specified and provided under paragraphs (f)(2) and (f)(3) of this
section. The letter of authorization must be requested at the time the
vessel owner initially applies for a permit for the replacement vessel.
The determination of a replacement vessel's eligibility for a letter of
authorization shall be made in accordance with, and as specified in
paragraph (f)(2) of this section.
* * * * *
4. Figure 2 to part 650 is added to part 650 to read as follows:
BILLING CODE 3510-22-F
[[Page 33760]]
[GRAPHIC][TIFF OMITTED]TR29JN95.003
Figure 2 to Part 650--Schematic example of a legal dredge with
twine top. Not Drawn to scale
[FR Doc. 95-16007 Filed 6-28-95; 8:45 am]
BILLING CODE 3510-22-C