[Federal Register Volume 63, Number 61 (Tuesday, March 31, 1998)]
[Rules and Regulations]
[Pages 15324-15326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8287]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 980318065-8065-01; I.D. 030698B]
RIN 0648-AK68


Atlantic Sea Scallop Fishery; Area Closures

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

ACTION: Interim final rule.

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SUMMARY: NMFS amends the regulations implementing the Atlantic Sea 
Scallop Fishery Management Plan (FMP). This rule closes two areas to 
scallop fishing to protect concentrations of juvenile scallops, to 
reduce fishing mortality, and to increase yield per recruit (YPR). The 
intended effect of this action is to improve the condition of the 
resource.

DATES: Effective April 3, 1998 through September 27, 1998. Comments 
must be received on or before April 30, 1998.

ADDRESSES: Comments on the rule should be sent to Andrew A. Rosenberg, 
Ph.D., Regional Administrator, NMFS, Northeast Regional Office, One 
Blackburn Drive, Gloucester, MA 01930-2298. ATTN: Paul Jones. Copies of 
the documents supporting this action may also be obtained from the 
Northeast Regional Office.


[[Page 15325]]


FOR FURTHER INFORMATION CONTACT: Paul H. Jones, 978-281-9273.

SUPPLEMENTARY INFORMATION:

Background

    Atlantic sea scallops are overfished. The scallop advisory report 
issued from the 23rd Stock Assessment Workshop (SAW) in March 1997 
stated that the current spawning stock biomass (SSB) is at a low level 
and catches are driven primarily by variations in the number of 
recruits entering the fishery. On Georges Bank, abundance and fishing 
mortality are at moderate levels, but this results from approximately 
half of the region currently being closed to fishing. Stock rebuilding 
is occurring in those closed areas, but elsewhere on Georges Bank 
fishing mortality is greater than the overfishing threshold. The report 
further states that scallops in the Mid-Atlantic region are at a low 
level of abundance, are being overexploited, and are declining. The 
large 1990 and 1991 year classes have been overfished and incoming 
recruitment is among the lowest on record. Based on high fishing 
mortality rates, low stock size, and lack of significant recruitment, 
the management advice is that fishing effort should be reduced 
immediately and significantly in the Mid-Atlantic region to preserve 
SSB and to improve YPR. Recent results of the 1997 survey confirm that 
trends in abundance and biomass in both the Mid-Atlantic and Georges 
Bank regions are decreasing.
    The scallop regulations require the Scallop Plan Development Team 
(PDT) to assess the scallop resource to determine the adequacy of the 
total allowable days-at-sea (DAS) reduction schedule to achieve the 
target fishing mortality rate. The PDT completed its 1997 review of 
scallop management measures in May 1997 and concluded that larger 
reductions in DAS would be necessary to eliminate overfishing. It 
concluded that the DAS for full-time scallop vessels should be reduced 
from 142 to 108 DAS for the March 1, 1998, through February 28, 1999, 
fishing year.
    Overfishing for Atlantic sea scallops is defined as the fishing 
mortality rate greater than the rate that would maintain a SSB, that is 
5 percent of the level that occurs without fishing.
    The Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act) requires that overfishing be examined on the 
basis of the ability of the stock to produce maximum sustainable yield 
on a continuing basis. This overfishing threshold is expected to be 
one-third of the current overfishing definition. Therefore, major 
action will be necessary to comply with the new Magnuson-Stevens Act 
requirements through the submission of an amendment to the FMP 
(Amendment 7) later this year. Action to slow the fishing mortality 
rate in the interim will ameliorate the measures necessary in Amendment 
7.
    In light of the management advice from the PDT, the SAW report, and 
of the requirements of the Magnuson-Stevens Act, the New England and 
Mid-Atlantic Fishery Management Councils requested interim action to 
close an area south of Hudson Canyon and a specific area off Virginia 
Beach to scallop fishing.
    The intent of this action is to afford immediate protection to the 
resource by protecting high concentrations of juvenile scallops. 
Although permanent measures by the New England Fishery Management 
Council (Council) are being developed, it will likely take several 
months to complete and to implement these measures, if they are 
approved. Due to the relatively low stock condition in the Mid-Atlantic 
and the time needed for the Council to develop measures to address this 
problem, NMFS believes that this interim action is warranted. Interim 
actions are authorized by section 305(c) of the Magnuson-Stevens Act. 
Interim actions may remain in effect for 180 days and, subject to 
certain conditions, may be extended by publication in the Federal 
Register for one additional 180-day period. This interim action will 
remain in effect for 180 days and is subject to extension. The benefits 
of the interim action will be evident through a more balanced age 
structure of the scallop stock. Also, significant reductions in fishing 
mortality and increases in YPR are possible from the relatively small 
closures.
    If closed areas in the Mid-Atlantic are not established as soon as 
possible, SSB will continue to decline, increasing the possibility of 
recruitment failure.
    Analyses indicate that implementation of these measures may impose 
a short-term cost on some harvesters, but they will be able to harvest 
scallops from the remaining open areas. Fishers pursuing species other 
than scallops will not be excluded from the closed areas; therefore, 
there is no economic impact beyond that on the scallop industry. When 
these areas are reopened, average revenue per DAS should increase 
because of increased stock abundance and higher prices paid for larger 
meat counts. The benefits of implementing this action on both the 
stock, with respect to protecting high concentrations of juvenile 
scallops, and on the return to the industry, with respect to increased 
yields, far outweigh these temporary costs. Thus, the biological, 
economic, and social impacts of implementing these regulations are 
positive.

Classification

    NMFS has determined that this rule is necessary to reduce 
overfishing of sea scallops and is consistent with the Magnuson-Stevens 
Act and with other applicable laws. The public is aware that the New 
England and Mid-Atlantic Fishery Management Councils have requested 
this action and had an opportunity to comment on it at Council 
meetings. However, at that time, the coordinates of the Hudson Canyon 
South area closure were not developed and, therefore, not available for 
public comment.
    A delay in action to reduce overfishing increases the likelihood of 
a loss of long-term productivity of the sea scallop resource and 
increases the probable need for more severe restrictions in the future. 
Accordingly, pursuant to the authority set forth at 5 U.S.C. 553(b)(B), 
the Assistant Administrator finds that these reasons constitute good 
cause to waive the requirement to provide prior notice and the 
opportunity for public comment because such procedures would be 
contrary to the public interest. Similarly, the need to implement these 
measures in a timely manner to address overfishing of sea scallops 
constitutes good cause under 5 U.S.C. 553(d)(3) to waive the 30-day 
delay in effectiveness. However, to provide sufficient notification of 
the closed areas, particularly to vessels that may be at sea, NMFS 
makes this rule effective April 3, 1998 through September 27, 1998.
    This rule has been determined to be not significant for purposes of 
E.O. 12866.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: March 25, 1998.
Gary C. Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 648 is amended 
as follows:

[[Page 15326]]

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. 648.14, paragraphs (a)(104) through (a)(109) are added 
and reserved, and paragraphs (a)(110) and (a)(111) are added to read as 
follows:


Sec. 648.14  Prohibitions.

    (a) * * *
    (104) through (109) [Reserved].
    (110) Fish for, possess or retain sea scallops in or from the areas 
described in Sec. 648.57.
    (111) Transit or be in the areas described in Sec. 648.57 with 
scallop gear that is not properly stowed as required in Sec. 648.57.
* * * * *
    3. Section 648.57 is added to subpart D to read as follows:


Sec. 648.57  Closed areas.

    (a) Hudson Canyon South Closed Area. No vessel may fish for, 
possess, or retain sea scallops in or from the area known as the Hudson 
Canyon South Closed Area (copies of a chart depicting this area are 
available from the Regional Administrator upon request) unless all gear 
on board is properly stowed and not available for immediate use in 
accordance with the provisions of Sec. 648.23(b) and Sec. 648.81(e). 
Further, vessels not fishing in the scallop DAS program and fishing for 
species other than scallops or not in possession of scallops in this 
area must stow scallop dredge gear in accordance with the provisions of 
Secs. 648.23(b) and 648.81(e). The Hudson Canyon South Closed Area is 
defined by straight lines connecting the following points in the order 
stated:

------------------------------------------------------------------------
              Point                     Latitude           Longitude    
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H1...............................  39 deg.30' N.       73 deg.10' W.    
H2...............................  39 deg.30' N.       72 deg.30' W.    
H3...............................  38 deg.30' N.       73 deg.30' W.    
H4...............................  38 deg.40' N.       73 deg.50' W.    
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    (b) Virginia Beach Closed Area. No vessel may fish for, possess, or 
retain sea scallops in or from the area known as the Virginia Beach 
Closed Area (copies of a chart depicting this area are available from 
the Regional Administrator upon request) unless all gear on board is 
properly stowed and not available for immediate use in accordance with 
the provisions of Sec. 648.23(b) and Sec. 648.81(e). Further, vessels 
not fishing in the scallop DAS program and fishing for species other 
than scallops or not in possession of scallops in this area must stow 
scallop dredge gear in accordance with the provisions of 
Secs. 648.23(b) and 648.81(e). The Virginia Beach Closed Area is 
defined by straight lines connecting the following points in the order 
stated:

------------------------------------------------------------------------
              Point                     Latitude           Longitude    
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V1...............................  37 deg.00' N.       74 deg.55' W.    
V2...............................  37 deg.00' N.       74 deg.35' W.    
V3...............................  36 deg.25' N.       74 deg.45' W.    
V4...............................  36 deg.25' N.       74 deg.55' W.    
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[FR Doc. 98-8287 Filed 3-25-98; 4:43 pm]
BILLING CODE 3510-22-P