[Federal Register Volume 63, Number 188 (Tuesday, September 29, 1998)]
[Rules and Regulations]
[Pages 51862-51863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25933]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 980318065-8241-02; I.D. 030698B]
RIN 0648-AK68


Atlantic Sea Scallop Fishery; Extension of Interim Final Rule 
Implementing Area Closures

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

ACTION: Interim final rule; extension of expiration date.

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SUMMARY: NMFS extends the existing closures to scallop fishing of two 
Mid-Atlantic areas for an additional 180 days. These closures would 
have expired on September 28, 1998. The extensions are necessary to 
continue protection of high concentrations of juvenile scallops while 
permanent measures are being developed by the New England Fishery 
Management Council (Council).

DATES: Effective September 28, 1998, the interim final rule published 
March 31, 1998, beginning at 63 FR 15324 is extended through March 26, 
1999.

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

SUPPLEMENTARY INFORMATION:

Background

    In December 1997, the New England and Mid-Atlantic Fishery 
Management Councils (Councils) initially requested interim action to 
implement management measures for the scallop fishery, which close an 
area south of Hudson Canyon and a specific area off Virginia Beach to 
scallop fishing. An interim rule to immediately implement these 
measures was published on March 31, 1998 (63 FR 15324), with effective 
dates of April 3, 1998, through September 27, 1998. A full discussion 
of the status of the scallop stock and the need for interim action is 
found in the preamble to the interim rule and is not repeated here. No 
comments were received during the comment period.
    In August 1998, the Council adopted these same measures as part of 
proposed Amendment 7 to the Atlantic Sea Scallop Fishery Management 
Plan (FMP). The Council also voted to adjust the days-at-sea reduction 
schedule and to implement a 10-year stock rebuilding program beginning 
in the 1999 fishing year to eliminate overfishing and comply with the 
requirements of the Sustainable Fisheries Act. The Council plans to 
submit Amendment 7 to the FMP in October 1998. However, if Amendment 7 
is approved, the final rule to implement it will not be published 
before the end of the effective period of the interim rule, thus 
allowing a lapse between the end date of the interim rule and the final 
rule implementing Amendment 7. This could leave the already overfished 
scallop stock unprotected from increased exploitation. Both Councils 
expressed support for the extension of the interim action at their 
August 1998 meetings. Extending an interim action for up to an 
additional 180 days is authorized under section 305(c) of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) 
by publication in the Federal Register, provided the public has had an 
opportunity to comment on the interim measure, and, in the case of a 
Council recommendation for interim measures, the Council is actively 
preparing an FMP, plan amendment, or proposed regulations to address 
the overfishing on a permanent basis. This action meets both 
requirements. The Council will soon submit Amendment 7, which will 
address overfishing on a permanent basis, and the interim final rule 
that implemented these closures requested public comment on the 
measures (no comments were received during the comment period). The 
extension would be in effect from September 28, 1998, through March 26, 
1999, or until regulations implementing Amendment 7 become effective.

Classification

    NMFS has determined that this rule is necessary to reduce 
overfishing of sea scallops and is consistent with the

[[Page 51863]]

Magnuson-Stevens Act and with other applicable laws. The public is 
aware that the Councils have requested this action and had an 
opportunity to comment on it at Council meetings.
    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.
    This interim 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: September 22, 1998.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 98-25933 Filed 9-24-98; 3:58 pm]
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