[Federal Register Volume 63, Number 167 (Friday, August 28, 1998)]
[Rules and Regulations]
[Pages 45939-45941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23181]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 648

[Docket No. 980817220-8220-01; I.D. 081098A]
RIN 0648-AL17


Fisheries of the Northeastern United States; Framework 10 to the 
Atlantic Sea Scallop Fishery Management Plan

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 10 to the Atlantic Sea Scallop Fishery Management 
Plan (FMP). These regulations extend the closure of a 9 mi2 
(23.31 km2) site to transiting and fishing with other than 
hand gear for an 18-month period to allow for the conduct of a NMFS-
sponsored sea scallop aquaculture research project. This rule provides 
for exemptions from the closure for vessels using certain gear types 
and for vessels participating in the project. Finally, this rule 
provides for the temporary exemption for vessels participating in the 
project from certain fishing regulations that might inhibit or prevent 
their participation. This action is intended to support an aquaculture 
research project and prevent conflicts between fishing gear and project 
equipment for the limited duration of the research project.

DATES: Effective August 28, 1998 through February 28, 2000.

ADDRESSES: Copies of Amendment 5 to the FMP (Amendment 5), its 
regulatory impact review and the final regulatory flexibility analysis, 
its final supplemental environmental impact statement, and the 
supporting documents for Framework Adjustment 10 are available from 
Paul J. Howard, Executive Director, New England Fishery Management 
Council, 5 Broadway (Route 1), Saugus, MA 01906-1097.
    Comments regarding burden-hour estimates for collection-of-
information requirements contained in this final rule should be sent to 
Jon Rittgers, Acting Regional Administrator, 1 Blackburn Drive, 
Gloucester, MA 01930, and the Office of Information and Regulatory 
Affairs, Office of Management and Budget (OMB), Washington, D.C. 20502 
(ATTN: NOAA Desk Officer).

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

SUPPLEMENTARY INFORMATION:

Background

    Regulations implementing Amendment 5 to the FMP (62 FR 1829) were 
published on January 14, 1997. Details of that action are described in 
the preamble to the final rule and will not be repeated here. The final 
rule closed a 9 mi \2\ (23.31 km \2\) area closure approximately 12 mi 
(22.22 km) southwest of the island of Martha's Vineyard, MA, to 
transiting and fishing with other than handgear for an 18-month period 
to allow for the conduct of a NMFS-sponsored sea scallop aquaculture 
research project. The final rule provided for exemptions from the 
closure for vessels using certain gear types and for vessels 
participating in the project. The final rule provided temporary 
exemptions for vessels participating in the project from certain 
fishing regulations, which may have inhibited or prevented their 
participation.
    Current scallop regulations allow for the adjustment of management 
measures, as necessary to meet or achieve consistency with the FMP's 
goals and objectives. The regulations authorize the New England Fishery 
Management Council (Council) to recommend adjustments to any of the 
measures currently in the FMP.
    Framework Adjustment 10 continues the experimental closure 
established under Amendment 5 to the FMP. The success of the experiment 
is dependent on retaining the restrictions established by Amendment 5. 
The objective of the project is to obtain a comprehensive understanding 
of issues associated with scallop seeding and grow-out. These 
activities and required environmental monitoring require the 
continuation of restricted activities within the experimental area. 
Without controls on fishing, expensive grow-out and monitoring 
equipment could be inadvertently destroyed by towed gear.
    The Council requests publication of the management measures as a 
final rule after considering the required factors stipulated in the 
regulations governing the Atlantic sea scallop fishery and providing 
supporting analysis for each factor considered. The Administrator, 
Northeast Region, NMFS (Regional Administrator) concurs with the 
Council's recommendation and has determined that Framework Adjustment 
10 should be published as a final rule.

[[Page 45940]]

    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 two Council meetings held on April 15-16, 1998, 
and May 20-21, 1998.

Comments and Responses

    The April 1998 Council meeting was the first of two meetings that 
provided an opportunity for public comment on Framework Adjustment 10. 
A draft document containing the proposed management measures and their 
rationale was available to the public during the third week in May 
1998. Notification of the initial and final Council meetings were 
mailed to approximately 1,900 people and were published in the Federal 
Register. Individuals and associations representing user groups who 
initially objected to the original location of the Sea Scallop 
Experimental Area were also contacted by mail. The final public hearing 
was held on May 20-21, 1998. Testimony provided by industry members at 
the public meetings favored the framework adjustment. There were no 
negative comments.
    Under NOAA Administrative Order 205-11, 7.01, dated December 17, 
1990, the Under Secretary for Oceans and Atmosphere has delegated to 
the Assistant Administrator for Fisheries, NOAA (AA), the authority to 
sign material for publication in the Federal Register.

Classification

    The Regional Administrator determined that this final rule is 
necessary for the conservation and management of the Atlantic sea 
scallop fishery and that it is consistent with the Magnuson-Stevens 
Fishery Conservation and Management Act and other applicable law.
    This final rule has been determined to be not significant for the 
purposes of E.O. 12866.
    The AA finds that there is good cause to waive prior notice and 
opportunity for comment under 5 U.S.C. 553(b)(B) because such 
procedures would be unnecessary. Public meetings held by the Council to 
discuss the management measures implemented by this rule provided 
adequate prior notice and an opportunity for public comment to be heard 
and considered; therefore, further notice and opportunity to comment 
before this rule is effective is unnecessary. Similarly, the need to 
implement these measures in a timely manner to prevent possible damage 
to expensive grow-out and monitoring equipment inadvertently destroyed 
by towed gear constitutes good cause under 5 U.S.C. 553(d)(3) to waive 
the 30-day delay in effectiveness.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553 or by any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable.
    Notwithstanding any other provision of law, no person is required 
to respond to nor shall a person be subject to a penalty for failure to 
comply with a collection of information subject to the requirements of 
the Paperwork Reduction Act (PRA) unless that collection of information 
displays a currently valid OMB control number.
    This rule contains one collection-of-information requirement 
subject to the PRA. This collection-of-information requirement has been 
approved by OMB, and the OMB control number and public reporting burden 
are listed as follows: Sea Scallop Experimental Area authorization 
request, (0.5 hours/response) under OMB control number 0648-0321.
    The estimated response time includes the time needed for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection-of-information. Public comment is sought regarding: whether 
this collection of information is necessary for the proper performance 
of the functions of the agency, including whether the information has 
practical utility; the accuracy of the burden estimate; ways to enhance 
the quality, utility, and clarity of the information to be collected; 
and ways to minimize the burden of the collection of information, 
including through the use of automated collection techniques or other 
forms of information technology. Send comments regarding this burden 
estimate, or any other aspect of this data collection to NMFS and OMB 
(see ADDRESSES).

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: August 24, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 15 CFR Chapter IX and 50 
CFR Chapter VI are amended as follows:

15 CFR CHAPTER IX

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT; OMB CONTROL NUMBERS

    1. The authority citation for part 902 continues to read as 
follows:

    Authority: 44 U.S.C. 3501 et seq.

    2. In Sec. 902.1, paragraph (b), the table is amended by adding in 
the left column under 50 CFR, the entry ``648.56'', and in the right 
column, in the corresponding position, the control number ``-0321'' to 
read as follows:


Sec. 902.1  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                             Current OMB
                                                               control  
    CFR part or section where the information collection     number (all
                   requirement is located                      numbers  
                                                              begin with
                                                                0648-)  
------------------------------------------------------------------------
                                                                        
                          *    *    *    *    *                         
50 CFR                                                                  
                                                                        
                          *    *    *    *    *                         
Sec.  648.56...............................................         0321
                                                                        
                          *    *    *    *    *                         
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50 CFR CHAPTER VI

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

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

    4. In Sec. 648.14, paragraph (a)(97) is added to read as follows:


Sec. 648.14  Prohibitions.

    (a) * * *
    (97) Fish in or transit the Scallop Experimental Area defined in 
Sec. 648.56(a)(1), except as provided for in Sec. 648.56 (a)(2) and 
(a)(3).
* * * * *
    5. Section 648.56 is added to subpart D to read as follows:


Sec. 648.56  Scallop research project.

    (a)(1) Scallop experimental area. From August 28, 1998 through 
February 28, 2000, no fishing vessel or person on

[[Page 45941]]

a fishing vessel may transit or fish with other than handgear in the 
area known as the Sea Scallop Experimental Area, as defined by straight 
lines connecting the following points in the order stated, except as 
described in paragraphs (a)(2) and (a)(3) of this section:

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              Point                     Latitude            Longitude   
------------------------------------------------------------------------
1...............................  41 deg.11.8' N.       70 deg.50' W.   
2...............................  41 deg.11.8' N.       70 deg.46' W.   
3...............................  41 deg.08.8' N.       70 deg.46' W.   
4...............................  41 deg.08.8' N.       70 deg.50' W.   
------------------------------------------------------------------------

    (2) Exemptions. A fishing vessel and persons on a fishing vessel 
may transit or fish in the Sea Scallop Experimental Area under the 
following conditions only:
    (i) The vessel has been issued an allowed gear permit (AGP) under 
paragraph (a)(4)(i) of this section and is fishing with pot gear, 
traps, longline gear, or any other gear determined by the Regional 
Administrator as unlikely to interfere with the sea scallop aquaculture 
research project in the Sea Scallop Experimental Area; or
    (ii) The vessel has been issued an experimental fishing permit 
(EFP) under paragraph (a)(4)(i) of this section to participate in the 
sea scallop aquaculture research project in the Sea Scallop 
Experimental Area.
    (3) Transiting. Vessels that are not exempted from the prohibition 
against transiting and fishing in the Sea Scallop Experimental Area 
under paragraph (a)(2) of this section may transit such area provided 
that their gear is stowed in accordance with the provisions of 
Sec. 648.81(e).
    (4) Allowed gear and experimental fishing permits--(i) Allowed gear 
permits. The Regional Administrator may issue an AGP to any vessel to 
fish within the Sea Scallop Experimental Area with the gear specified 
in paragraph (a)(2)(i) of this section. Vessels receiving AGPs may be 
required to move their gear within, or remove their gear from, the area 
upon notification by the Regional Administrator and must comply with 
any additional restrictions specified in the permit.
    (ii) Experimental fishing permits. The Regional Administrator may 
issue an EFP under the provisions of Sec. 648.12, and consistent with 
paragraph (a)(4)(iv) of this section, to any vessel participating in 
the sea scallop aquaculture research project to engage in any of the 
following activities; fish in the Sea Scallop Experimental Area; use 
fishing gear that does not conform to the regulations; possess scallops 
when not fishing under a DAS allocation; use up to an additional 2 DAS 
per year when collecting and transporting undersized scallops to the 
Sea Scallop Experimental Area; and do any other activity necessary to 
project operations for which an exemption from regulatory provision is 
required. Vessels issued an EFP must comply with all conditions and 
restrictions specified in the permit.
    (iii) A vessel with an AGP or EFP must carry the permit on board 
the vessel while fishing in the Sea Scallop Experimental Area or 
participating in the scallop aquaculture project.
    (iv) The Regional Administrator may not issue an AGP or EFP unless 
he determines that issuance is consistent with the objectives of the 
FMP, the provisions of the Magnuson-Stevens Act, and other applicable 
law and will not:
    (A) Have a detrimental effect on the sea scallop resource and 
fishery;
    (B) Create significant enforcement problems; or
    (C) Have a detrimental effect on the scallop project.
    (5) Application. An application for an AGP or EFP must be in 
writing to the Regional Administrator and be submitted at least 30 days 
before the desired effective date of the permit. The application must 
include, but is not limited to, the following information:
    (i) The date of application.
    (ii) The applicant's name, current address, telephone number and 
fax number, if applicable.
    (iii) The current vessel name, owner address, and telephone number.
    (iv) The vessel's Federal permit number.
    (v) The USCG documentation number.
    (vi) The species (target and incidental) expected to be harvested.
    (vii) The gear type, size, buoy colors, trap identification 
markings and amount of gear that will be used; and exact time(s) 
fishing will take place in the Sea Scallop Experimental Area.
    (viii) The signature of the applicant.
    (b) [Reserved]

[FR Doc. 98-23181 Filed 8-27-98; 8:45 am]
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