[Federal Register Volume 62, Number 37 (Tuesday, February 25, 1997)] [Rules and Regulations] [Pages 8404-8406] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-4590] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 970211028-7028-01; I.D. 012397A] RIN 0648-AJ34 Fisheries of the Northeastern United States; Framework 21 to the Northeast Multispecies Fishery Management Plan 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 21 to the Northeast Multispecies Fishery Management Plan (FMP). These regulations allow vessels with general category scallop permits or limited access permits, if not fishing under a days-at-sea (DAS) limitation, to fish for scallops with small dredges (combined width not to exceed (10.5 ft (3.2 m)) within the Gulf of Maine Small Mesh Northern Shrimp Fishery Exemption Area. The intent of this action is to allow small scallop dredge vessels to harvest scallops in a manner that is consistent with the bycatch reduction objectives of the FMP. EFFECTIVE DATE: February 20, 1997. ADDRESSES: Copies of Amendment 7 to the FMP (Amendment 7), its regulatory impact review and the initial regulatory flexibility analysis, its final supplemental environmental impact statement (FSEIS), and the supporting [[Page 8405]] documents for Framework Adjustment 21 are available from Christopher B. Kellogg, Acting Executive Director, New England Fishery Management Council, 5 Broadway, (Route 1), Saugus, MA 01906-1097. FOR FURTHER INFORMATION CONTACT: Paul H. Jones, Fishery Policy Analyst, 508-281-9273. SUPPLEMENTARY INFORMATION: Background Regulations implementing Amendment 7 became effective on July 1, 1996 (61 FR 27710, May 31, 1996). The amendment prohibited all fishing in the Gulf of Maine small mesh exemption area unless the vessel was fishing under a multispecies or scallop DAS allocation, or with exempted gear, or under the handgear permit restrictions, or in an exempted fishery (a fishery in which it has been determined to have less than 5 percent bycatch of regulated species). Amendment 7, in effect, eliminated fisheries that were determined to be inconsistent with the bycatch reduction goal of the FMP. One of the fisheries eliminated was the General Permit Category, small dredge scallop fishery in the Gulf of Maine (GOM). Framework Adjustment 21 provides an exemption from the multispecies regulations to allow the conduct of a small dredge (combined width not to exceed 10.5 ft (3.2 m)) sea scallop fishery for General Category scallop permit holders and for limited access scallop vessels when not fishing under a DAS. This exemption is implemented year-round in the Gulf of Maine Small Mesh Exemption Area, except in the Mid-Coast Closure Area, because of high aggregations of cod in that area. Vessels fishing in this exemption program are further prohibited from landing or possessing any species other than Atlantic sea scallops. This framework adjustment is consistent with the bycatch reduction goal of the FMP, based on the following information. Reports from at- sea observation by state biologists from Maine and Massachusetts indicate minimal or no bycatch from the small dredge scallop fishery. NMFS weighout records of interviewed trips from the GOM during 1988-93 indicate the average bycatch of regulated species was 1.5 percent over the 6-year period. NMFS vessel trip reports from 1994 and 1995 also show minimal amounts of bycatch from this fishery. Based on available information, the New England Fishery Management Council (Council) has concluded, and NMFS agrees, that the bycatch of regulated species by small scallop dredges in the GOM Small Mesh Exemption Area is less than 5 percent by weight of total catch and does not jeopardize fishing mortality objectives or other goals and objectives of the FMP. The States of Maine and Massachusetts have offered observer coverage during the initial implementation of this framework adjustment to assure that the bycatch of regulated species is within the 5 percent level. The Council recommended publication of this management measure as a final rule after considering the required factors stipulated under the framework measures in the FMP, 50 CFR 648.90, and has provided supporting analyses for each factor considered. The Administrator, Northeast Region, NMFS, concurs with the Council's recommendation and has determined that Framework Adjustment 21 should be published as a final rule. NMFS is amending the multispecies regulations following the procedure for framework adjustments established by Amendment 7 and codified in 50 CFR part 648. The Council developed and analyzed the actions at two Council meetings held on October 2-3 (61 FR 50796, September 27, 1996) and November 6-7, 1996 (61 FR 56213, October 31, 1996). Comments and Responses The October 2-3, 1996, Council meeting was the first of two meetings that provided an opportunity for public comment on Framework Adjustment 21. A draft document containing the proposed management measures and their rationale was available to the public during the last week in September 1996, and notices of the initial and final Council meetings were mailed to approximately 1,900 people and published in the Federal Register. The final public hearing was held on November 6-7, 1996. Testimony provided by industry members at the public meetings favored the framework adjustment. No other comments were received. Classification This final rule has been determined to be not significant for the purposes of E.O. 12866. NMFS reinitiated consultation on the Northeast Multispecies, Atlantic Sea Scallop and American Lobster FMPs, and this action was considered as part of this comprehensive consultation. The consultation considered new information concerning the status of the northern right whale. As a result of the consultation, NMFS has determined that: (1) The fishing activities carried out under the Multispecies and Lobster FMPs are likely to jeopardize the continued existence of the northern right whale; (2) the prosecution of the multispecies, lobster, and scallop fisheries will not adversely modify right whale critical habitat; (3) that the current fishing practices allowed under the Lobster FMP and the Multispecies FMP may affect but are not likely to jeopardize the continued existence of the harbor porpoise and the distinct population segment of Atlantic salmon stocks found in certain Maine rivers that are both currently proposed to be listed as threatened; and (4) no new information has become available that changes the basis for previous determinations that the scallop FMP and prosecution of the scallop fishery, which is provided additional fishing opportunity as a result of this action, is not likely to adversely affect endangered, threatened, and proposed species or adversely modify critical habitat. The new information provided above does not change the basis for the conclusions of the 1996 Biological Opinion that the fishing activities carried out under the Lobster and Multispecies FMPs may affect, but are not likely to jeopardize, the continued existence of the other endangered and threatened whale and sea turtle species under NMFS jurisdiction. The Assistant Administrator for Fisheries, NOAA (AA), under 5 U.S.C. 553(b)(B), finds that there is good cause to waive the requirement to provide prior notice and opportunity for public comment as such procedures are unnecessary. Public meetings held by the Council to discuss the management measure implemented by this rule provided adequate prior notice and opportunity for public comment to be heard and considered. Further, NMFS is responding in this rule to the comments it received during these meetings. This rule removes a prohibition on fishing applied to certain gear types in certain areas, thereby relieving a restriction. As such, under 5 U.S.C. 553(d)(1), this rule is not subject to the 30-day delay in effectiveness. Because a general notice of proposed rulemaking is not required to be published for this rule by 5 U.S.C. 553 or by any other law, this rule is exempt from the requirement to prepare an initial or final regulatory flexibility analysis under the Regulatory Flexibility Act. As such, none has been prepared. The primary intent for this action is to allow small scallop dredges to harvest scallops in amounts that are consistent with the bycatch reduction objectives of the FMP. [[Page 8406]] List of Subjects in 50 CFR Part 648 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: February 19, 1997. Rolland A. Schmitten Assistant Administrator for Fisheries, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 648 is amended to read 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. 648.80, paragraph (a)(2)(iii) is revised and paragraph (a)(10) is added to read as follows: Sec. 648.80 Regulated mesh areas and restrictions on gear and methods of fishing * * * * * (a) * * * (2) * * * (iii) Other gear and mesh exemptions. The minimum mesh size for any trawl net, sink gillnet, Scottish seine, midwater trawl, or purse seine on a vessel or used by a vessel when fishing in the GOM/GB Regulated Mesh Area while not under the NE multispecies DAS program, but when under one of the exemptions specified in paragraphs (a)(3), (a)(4), (a)(6), (a)(8), (a)(9), (d), (e), (h), and (i) of this section, is set forth in the respective paragraph specifying the exemption. Vessels that are not fishing under one of these exemptions, or under the small dredge exemption specified in Sec. 648.54 and (a)(10) of this section, under the scallop state waters exemption specified in Sec. 648.54, or under a NE multispecies DAS, are prohibited from fishing in the GOM/GB regulated mesh area. * * * * * (10) Scallop Dredge Fishery Exemption within the Gulf of Maine (GOM) Small Mesh Northern Shrimp Fishery Exemption Area. Vessels with a limited access scallop permit that have declared out of the DAS program as specified in Sec. 648.10, or have used up their DAS allocations, and vessels issued a general scallop permit may fish in the GOM Small Mesh Northern Shrimp Fishery Exemption Area when not under a NE multispecies DAS providing the vessel complies with the requirements specified in paragraph (a)(10)(i) of this section. The GOM Scallop Dredge Fishery Exemption Area is equivalent to the area defined in paragraph (a)(3) of this section and designated as the Small Mesh Northern Shrimp Fishery Exemption Area. (i) Requirements. (A) A vessel fishing in the GOM Scallop Dredge Fishery Exemption Area specified in paragraph (a)(10) of this section, may not fish for, possess on board, or land any species of fish other than Atlantic sea scallops. (B) The combined dredge width in use by or in possession on board vessels fishing in the GOM Scallop Dredge Fishery Exemption Area shall not exceed 10.5 ft (3.2 m) measured at the widest point in the bail of the dredge. (C) The exemption does not apply to areas closed to meet the Mid-coast closure fishery mortality reduction targets as specified in Sec. 648.81(g). (ii) [Reserved] * * * * * [FR Doc. 97-4590 Filed 2-20-97; 2:27 pm] BILLING CODE 3510-22-F