[Federal Register Volume 61, Number 143 (Wednesday, July 24, 1996)]
[Rules and Regulations]
[Pages 38404-38406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18789]


-----------------------------------------------------------------------


DEPARTMENT OF COMMERCE
50 CFR Part 648

[Docket No. 950615156-6193-02; I.D. 070196C]
RIN 0648-AI02


Fisheries of the Northeastern United States; Framework Adjustment 
8 Gear Restrictions

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS issues this final rule to implement measures contained in 
Framework Adjustment 8 to the Fishery Management Plan for the Atlantic 
Sea Scallop Fishery (FMP). This rule expands the qualification criteria 
for limited access vessels fishing under the scallop days-at-sea (DAS) 
program to use trawl nets to include vessels with an engine of no 
greater than 450 horsepower that have used a scallop dredge on no more 
than 10 trips from January 1, 1988, through December 31, 1994. 
Presently, only vessels that have not used a scallop dredge after 
December 31, 1987, are qualified to use trawl nets to fish for 
scallops. The intent of this action is to allow certain limited access 
vessels that cannot practically use a dredge to fish for scallops to 
use trawl nets.

EFFECTIVE DATE: July 19, 1996.

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 Adjustments 5 and 8 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. Amendment 4 also included framework measures to 
implement adjustments to the effort control and other additional 
management measures considered necessary to meet the goals and 
objectives of the FMP. Although the amendment was approved, NMFS raised 
concerns about the level of protection of small sea scallops in its 
approval letter to the New England Fishery Management Council 
(Council).
    Framework Adjustment 5 (60 FR 33757, June 29, 1995) prohibited 
limited access scallop vessels from using trawl nets while fishing 
under the scallop DAS program except for vessels that have not used a 
scallop dredge after December 31, 1987. The intended effect of the 
prohibition was to minimize the number of vessels that could fish for 
scallops with trawl nets and to prevent scallop dredge vessels from 
switching to trawl nets, a switch that would likely result in a 
significant increase in the

[[Page 38405]]

harvest of small scallops in contravention of the FMP's objectives.
    During the March 21, 1996, Scallop Oversight Committee meeting 
several owners of vessels not meeting the qualification criteria asked 
the Council to relax the criteria. The Committee reviewed NMFS' records 
on scallop dredge/trawl trips and vessel horsepower and recommended 
that the Council consider a framework adjustment to expand the 
criteria.
    Framework Adjustment 8 expands the number of vessels qualified to 
fish for scallops with trawl nets by including limited access vessels 
with an engine no greater than 450 horsepower that have fished for 
scallops with a scallop dredge on no more than 10 trips from January 1, 
1988, through December 31, 1994. The new criteria of no more than 10 
trips and an engine horsepower of no greater than 450 are intended to 
qualify only those vessels that may have towed or attempted to tow a 
scallop dredge in the past, but could not practicably do so due to 
their lack of sufficient engine horsepower and/or proper construction. 
The number of such vessels is projected to be small, and, therefore, 
allowing such vessels to fish for scallops with trawl nets is not 
anticipated to have any significant impact on the stock.
    All limited access scallop vessels not issued a letter of 
authorization or a permit endorsed to fish for scallops with trawl nets 
under the old criterion will be notified by NMFS of its determination, 
based on information currently available to NMFS, as to whether the 
vessel qualifies under the new criteria. If a vessel owner agrees with 
NMFS' determination that the vessel is qualified and signs a 
declaration, furnished by NMFS, to that effect, NMFS will issue the 
vessel a letter of authorization to use trawl nets for the 1996-97 
fishing year. If a vessel does not obtain a letter of authorization for 
the 1996-97 fishing year, it loses its eligibility for subsequent 
years. A permit endorsement will be the authorizing instrument in 
future years.
    Replacement vessels for vessels qualified under either the old 
criterion or the additional criteria must themselves meet the 
limitations on fishing for scallops with scallop dredges that the 
vessel it is replacing met.
    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 5 
and 8 (see ADDRESSES).
    The Council requests publication of the management measures as a 
final rule after considering the required factors stipulated in the 
regulations governing the sea scallop fishery and providing supporting 
analysis for each factor considered. The Director, Northeast Region, 
NMFS, concurs with the Council's recommendation and has determined that 
Framework Adjustment 8 should be published as a final rule.
    NMFS is adjusting the scallop regulations following the procedure 
for framework adjustments established by Amendment 4 and codified in 50 
CFR part 648. The Council followed this procedure when making 
adjustments to the FMP, by developing and analyzing the actions over 
the span of a minimum of at least two Council meetings, on April 17, 
1996, and June 6, 1996.

Comments and Responses

    The April 17, 1996, Council meeting was the first of two meetings 
that provided an opportunity for public comment on Framework Adjustment 
8. A draft document containing the proposed management measures and 
their rationale was available to the public on June 6, 1996, and mailed 
to 260 people, including those serving as scallop industry advisors to 
the Council. The final public hearing was held on June 6, 1996. 
Testimony provided by industry members at the public hearing favored 
the framework adjustment. Only one written comment was received by the 
Council, which favored the framework adjustment.

Classification

    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    This rule is implemented in compliance with all procedural 
requirements established by the Administrative Procedure Act. The 
Regional Director concurs with the Council's request for publication of 
the management measures as a final rule after considering the required 
factors stipulated under the procedure for framework adjustments in the 
final rule for Amendment 4 and providing supporting analysis for each 
factor considered. Public meetings held by the Council to discuss the 
management measures implemented by this rule provided adequate 
opportunity for public comment to be considered. Thus, the Assistant 
Administrator for Fisheries, NOAA, finds there is good cause to waive 
prior notice under 5 U.S.C. 553(b)(B). Under 5 U.S.C. 553(d)(1), 
because this rule relieves a restriction by allowing some fishermen to 
resume their traditional fishing method not available to them since 
August 1, 1995, it is not subject to a 30-day delay in effective date.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: July 18, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 648 is amended 
as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

    1. The authority citation for part 648 continues to read as 
follows:

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

    2. In Sec. 648.51, paragraph (f) is revised to read as follows:


Sec. 648.51  Gear and crew restrictions.

* * * * *
    (f) Restrictions on use of trawl nets--(1) Prohibition on use of 
trawl nets. A vessel issued a limited access scallop permit fishing for 
scallops under the scallop DAS allocation program may not fish with, 
possess on board, or land scallops while in possession of, trawl nets 
unless such vessel has on board a valid letter of authorization or 
permit endorsed to fish for scallops with trawl nets.
    (2) Eligibility to use trawl nets. (i) A vessel is eligible for a 
letter of authorization or a permit endorsement to fish for scallops 
with trawl nets if the vessel:
    (A) Has not fished for scallops with a scallop dredge after 
December 31, 1987, and, as of July 19, 1996, has a letter of 
authorization or permit endorsed to fish for scallops with trawl nets;
    (B) Has fished for scallops with a scallop dredge on no more than 
10 trips from January 1, 1988, through December 31, 1994, has an engine 
horsepower no greater than 450, and is eligible for or has been issued 
a 1996 limited access scallop permit (if the vessel does not obtain a 
letter of authorization or a permit endorsed to fish for scallops with 
trawl nets for the 1996-97 scallop fishing year, the vessel shall not 
be eligible under this provision for subsequent fishing years); or
    (C) Is a replacement vessel for a vessel described in paragraph 
(f)(2)(i)(A) or (B) of this section.
    (ii) NMFS will contact the owners of all vessels with limited 
access scallop permits that have not previously been issued a letter of 
authorization or permit endorsed to fish for scallops with trawl nets 
as to whether, based on information available to NMFS on July 19, 1996, 
their vessels are eligible under paragraph (f)(2)(i)(B) of this section 
for

[[Page 38406]]

a letter of authorization or permit endorsed to fish for scallops with 
trawl nets. If a vessel owner agrees with NMFS' determination that the 
vessel is eligible under paragraph (f)(2)(i)(B) of this section to fish 
for scallops with trawl nets, the owner must, within 30 days of receipt 
of the determination, sign and submit to NMFS a declaration, provided 
by NMFS, stating that the vessel has fished for scallops with a scallop 
dredge on no more than 10 trips from January 1, 1988, through December 
31, 1994, and has an engine with no greater than 450 horsepower. The 
signed declaration shall serve as a rebuttable presumption that the 
vessel qualifies for a letter of authorization or permit endorsement to 
fish for scallops with trawl nets. Any replacement vessel must meet the 
limitations on fishing for scallops with scallop dredges that the 
vessel it is replacing met. The letter of authorization or permit 
endorsement must be requested by the vessel owner at the time the 
vessel owner initially applies for a permit for the replacement vessel.
[FR Doc. 96-18789 Filed 7-19-96; 12:51 pm]
BILLING CODE 3510-22-F