[Federal Register Volume 64, Number 45 (Tuesday, March 9, 1999)]
[Proposed Rules]
[Pages 11431-11432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5798]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[I.D. 061998C]


Fisheries of the Northeastern United States; Decision on Petition 
for Rulemaking for Sea Scallop Management

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

ACTION: Decision on petition for rulemaking.

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SUMMARY: NMFS announces its decision not to undertake the rulemaking 
requested in a petition submitted by David Frulla (Petitioner) of 
Brand, Lowell & Ryan on behalf of the Fisheries Survival Fund. 
Petitioner petitioned the Secretary of Commerce (Secretary) to 
determine where scallops are large in size and number and where primary 
groundfish are more susceptible to scallop gear in the Georges Bank 
Closed Area the Petitioner believes that this combination of 
information would optimize scallop fishing while still maximizing 
recovery of primary groundfish stocks. After the data have been 
collected, the Petitioner requested that the Secretary take emergency 
action to open portions of Georges Bank currently closed to scallop 
fishing. To balance these openings, the Petitioner proposed to close 
some currently open areas. The decision to deny the petition at this 
time is based on public comments received on this petition for 
rulemaking and the progress being made on this management issue by the 
New England Fishery Management Council (Council).

FOR FURTHER INFORMATION CONTACT: Gary C. Matlock, Ph.D., Director, 
Office of Sustainable Fisheries, (301) 713-2344, or Mark R. Millikin, 
(301) 713-2344.

SUPPLEMENTARY INFORMATION: On June 30, 1998 (63 FR 35560), NMFS issued 
a notice of receipt of petition for rulemaking submitted by the 
Petitioner on behalf of the Fisheries Survival Fund. The petition 
included a request that an experimental fishery be conducted to 
determine where sea scallops that are large in number and size might 
exist in the Georges Bank Closed Area. Also, when the data have been 
collected, the petitioner requested that the Secretary take emergency 
action to open portions of Georges Bank currently closed to scallop 
fishing. These openings could be balanced by closing some currently 
open areas. The comment period for this notice of receipt of petition 
ended on August 31, 1998. NMFS announced that it was reopening the 
public comment period for this petition for rulemaking in the Federal 
Register from September 9, 1998, through October 9, 1998 (63 FR 48167; 
September 9. 1998). This reopening of the public comment period was in 
response to requests during the initial 60-day comment period.

Public Comments Received

    Nine commenters support taking emergency action to reopen portions 
of the Closed Area on Georges Bank to scallop harvest on a rotational 
basis because it would have immediate economic benefits to the sea 
scallop industry. Six commenters opposed taking Secretarial emergency 
action as described in the petition for rulemaking based on concerns 
related to one or more of the following: Groundfish bycatch, gear 
conflict, and habitat issues. Some of the commenters opposing the 
petition for rulemaking felt that the Council's open forum process is 
the best vehicle to ensure that all relevant issues are adequately 
addressed and an opportunity for public comment is provided.
    Before this petition for rulemaking was received, NMFS began 
working with researchers from the Center for Marine Science and 
Technology of the University of Massachusetts Dartmouth and the 
Virginia Institute of Marine Science on a collaborative experimental 
fishery in Closed Area II of Georges Bank to evaluate, on a limited 
basis, areas of abundance of sea scallops (in number and size), rates 
of bycatch of groundfish, and habitat considerations. The experimental 
fishery was conducted from August 28, 1998, through October 5, 1998, 
and the results are currently being evaluated.
    Amendment 7 to the Fishery Management Plan for Atlantic Sea 
Scallops was approved by NMFS on February 18, 1999, and contains a 
measure that allows the Council to implement framework action to 
establish and modify closed areas. Therefore, this measure can be used 
to implement rotational area openings and closures. The Council held 
the first of two Council meetings on February 24-25, 1999, scheduled to 
consider short-term framework options for scallop vessels to gain 
access to scallops in some groundfish closed areas as soon as possible. 
These framework actions are Frameworks 11 and 29 to the Atlantic Sea 
Scallop and Northeast Multispecies Fishery Management Plans (FMP), 
respectively. If approved, the actions could be effective this summer. 
These framework actions would be followed by a more comprehensive FMP 
amendments to fully address a rotational harvest strategy of opening 
and closing areas of to scallop fishing.
    NMFS believes that the public should be given an opportunity to 
participate in rulemaking to address the complex issues surrounding 
reopening portions of closed areas, including: economic needs in the 
sea scallop fishery, safeguarding against further overfishing of sea 
scallops, bycatch of juvenile groundfish, critical habitat concerns for 
sea scallops and groundfish, and possible conflicts between mobile and 
fixed gear. Therefore, the Petitioner's request for emergency action to 
reopen portions of Georges Bank Closed Areas to sea scallop harvest is 
denied at this

[[Page 11432]]

time in favor of the deliberative process and opportunity for public 
comment provided by framework rulemaking that can be undertaken by the 
Council.

    Dated: March 3, 1999.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 99-5798 Filed 3-8-99; 8:45 am]
BILLING CODE 3510-22-F