[Federal Register Volume 62, Number 199 (Wednesday, October 15, 1997)] [Proposed Rules] [Pages 53589-53591] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-27297] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [I.D. 100897A] Atlantic Sea Scallop Fishery; Public hearings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. [[Page 53590]] ACTION: Notice of public hearings; request for comments. ----------------------------------------------------------------------- SUMMARY: The New England Fishery Management Council (Council) will hold public hearings to receive comments on Amendment 7 to the Atlantic Sea Scallop Fishery Management Plan (FMP). The amendment proposes to allow a one-time transfer of days-at-sea (DAS) among vessels holding limited access sea scallop permits, and the addition of closed area management under the framework adjustment program. DATES: Written comments should be submitted on or before November 17, 1997, to the address below. Hearings are scheduled to be held from October 24 through November 3, 1997. See SUPPLEMENTARY INFORMATION for dates and times of the hearings. ADDRESSES: Written comments should be sent to Paul J. Howard, Executive Director, New England Fishery Management Council, 5 Broadway, Saugus, MA 01906. Clearly mark the outside of the envelope ``Comments on Sea Scallop Amendment 7 Public Hearing Document.'' The hearings will be held in Maine, North Carolina, Virginia, New Jersey, and Massachusetts. See SUPPLEMENTARY INFORMATION for locations of the hearings. FOR FURTHER INFORMATION CONTACT: Paul J. Howard, Executive Director, (781)-231-0422. SUPPLEMENTARY INFORMATION: The purpose of DAS consolidation is to lessen the economic impact of expected DAS reductions and other measures developed to end the overfishing of scallops. The minimum number of days that full-time scallop dredge operations require to cover fixed as well as operating costs during a year is called the break-even DAS. Under present resource conditions and with no access to areas closed for groundfish conservation, the average break-even DAS level for a full-time (full-use) vessel greater than 150 gross registered tons is estimated to be 183 DAS. Therefore, many full-time vessels will not be able to break-even when their DAS allocations are reduced to 142 DAS or possibly lower. The objective is to help scallop vessels remain economically viable. By allowing days to be sold, some boat owners could leave the scallop fishery without incurring a complete financial loss, while fishermen buying days could add to their allocation and enhance their economic opportunities. Reductions in fishing effort and the associated reductions in fishing mortality, however, must remain consistent with the conservation goals of the FMP and the requirements of the Magnuson- Stevens Fishery Conservation and Management Act. The Council is considering several alternative proposals for inclusion in Amendment 7 to the FMP. Amendment 7 also would include closed area management in the list of the types of measures which may be implemented through the framework adjustment process. The proposed action would allow the Council to use closed areas to achieve scallop management objectives. As part of this proposal, vessel monitoring systems (VMS) would be required for all scallop vessels fishing in or adjacent to closed areas. The Council may want to use closed area management for the following reasons: Access to groundfish closed areas - Although scallop vessels have been prohibited from fishing in these closed areas because of their potential bycatch of groundfish and potential disruption to groundfish spawning, the Council also is considering the impacts of the closed areas on the currently overfished scallop resource. Additional groundfish management concerns such as habitat will have to be addressed before access is permitted. Grow-out closed areas - To establish areas to protect small scallops for a specified period of time to enhance yield per recruit. Seeding closed areas - To establish areas to enhance the scallop resource through the seeding of small scallops. Spawning protection closed areas - To possibly protect grounds with concentrations of large, relatively productive spawners by leaving them undisturbed for a period of time. In addition to management measures that may be implemented through framework adjustment, the Council may consider layover days and restrictions on landing in-shell scallops from closed areas. Fishing Effort Consolidation Management Alternatives The proposal identified by the Council as its preferred alternative would allow only active DAS to be sold. Active days are the percentage of the allocated DAS actually fished by a scallop vessel during the period March 1, 1994, through March 1, 1997. A second alternative would allow the sale of active DAS as well as latent DAS (those DAS allocated to a vessel but not used). DAS consolidation include: (1) Transfers limited to active DAS (in blocks of 10 DAS), used from March 1994 to March 1997 and averaging the two best fishing years, which may be traded only once until February 28, 2001, with a framework adjustment for suspension/extension of this program. (2) Transfer may occur between different scallop limited access categories but there will be individual vessel usage limits for each category set at 240 DAS for full-time permits, 96 DAS for part- time permits, and 20 DAS for occasional permits (e.g., double the year- seven DAS allocation under the Amendment 4 schedule). (3) No conservation tax (an automatic percentage reduction in DAS transferred). (4) Transferred DAS will be adjusted by the ratio of the average horsepower of each vessel's horsepower group. The total DAS would be adjusted, first by subtracting the DAS from the selling boat, then by adding the adjusted DAS of the buying boat. This new total DAS will be the baseline for all future percentage allocations of DAS. (5) DAS trades are allowed among dredge vessels. (6) DAS trades are allowed among net vessels. (7) Dredge vessels are allowed to buy DAS from net vessels. (8) Net vessels are not allowed to buy DAS from dredge vessels. (9) The number of DAS owned by an individual or an individual business entity may be restricted to, from 1 percent to 5 percent of the total fleet DAS. (10) Full-time vessels selling part of their DAS may sell down to the part-time level at that time and keep their limited access scallop permits. However, below the part-time level they will be required to relinquish their limited access scallop permits. These vessels may be used as replacement vessels, however, in the scallop and other regulated fisheries. (11) Part-time and occasional vessels may sell any and all of their DAS without relinquishing any scallop permits. Closed Area Alternatives The types of measures the Council can currently implement or modify as framework adjustments to manage scallops are: DAS changes, shell height restrictions, off-loading windows (time periods during which scallops may be landed), effort monitoring, data reporting, trip limits, gear restrictions, permitting restrictions, crew limits, small mesh line, onboard observers, and any other measure currently included in the FMP. Public Hearings The dates, times, and locations of the hearings are scheduled as follows: [[Page 53591]] 1. October 24, 1997, 1 p.m.--Holiday Inn, U.S. Route 1 and 3, Ellsworth, ME, telephone: 207-667-9341; 2. October 27, 1997, 6:30 p.m.--Department of Environmental and Natural Resources, 943 Washington Square Mall, Washington, NC, telephone: 919-946-6481; 3. October 30, 1997, 1 p.m.--Holiday Inn, 3900 and Atlantic, 39th Street, Virginia Beach, VA, telephone: 757-428-1711; 4. October 31, 1997, 1 p.m.--Grand Hotel, 1045 Beach Drive, Cape May, NJ, telephone: 609-884-5611; 5. November 3, 1997, 1 p.m.--Seaport Inn, 110 Middle Street, Fairhaven, MA, telephone: 508-997-1281. Special Accommodations These hearings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be addressed to Paul J. Howard (see ADDRESSES) at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 et seq. Dated: October 8, 1997. Bruce C. Morehead, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 97-27297 Filed 10-14-97; 8:45 am] BILLING CODE 3510-22-F