[Federal Register Volume 64, Number 59 (Monday, March 29, 1999)]
[Rules and Regulations]
[Pages 14835-14840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7624]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 981202293-9075-02; I.D. 110998F]
RIN 0648-AJ33


Fisheries of the Northeastern United States; Amendment 7 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 final regulations to implement Amendment 7 to the 
Fishery Management Plan (FMP) for the Atlantic Sea Scallop Fishery. 
Amendment 7 and these final regulations reduce the fishing mortality 
rate in the Atlantic sea scallop fishery to eliminate overfishing and 
to rebuild the biomass in accordance with the requirements of the 
Sustainable Fisheries Act. Amendment 7 and these final regulations will 
reduce substantially the level of fishing for Atlantic sea scallops in 
the exclusive economic zone (EEZ) through fishing year 2008 by revising 
the current fishing effort reduction schedule. The allowable days-at-
sea (DAS) for Atlantic sea scallop vessels will be reduced 
significantly starting with fishing year 2000. A less severe reduction 
is proposed for fishing year 1999. In addition, Amendment 7 and these 
final regulations further modify the annual monitoring process, 
increase the types of management measures that would be put into effect 
through framework adjustments, and continue two Mid-Atlantic closed 
areas until March 1, 2001. The intent of Amendment 7 and these final 
regulations is to eliminate overfishing and to rebuild the stocks.

DATES: Effective April 28, 1999, except that amendments to 
Sec. 648.14(a)(110) and (a)(111) and Sec. 648.57 are effective March 
27, 1999, through March 1, 2001.

ADDRESSES: Copies of Amendment 7, its regulatory impact review (RIR), 
final regulatory flexibility analysis (FRFA), the final supplemental 
environmental impact statement (FSEIS), and the supporting documents 
for Amendment 7 are available from Paul J. Howard, Executive Director, 
New England Fishery Management Council, 5 Broadway, Saugus, MA 01906-
1036.


[[Page 14836]]


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

SUPPLEMENTARY INFORMATION: Amendment 7 to the FMP was prepared by the 
New England Fishery Management Council (Council) in consultation with 
the Mid-Atlantic Fishery Management Council. A notice of availability 
for the proposed amendment was published on November 18, 1998 (63 FR 
64032). The comment period on the amendment ended January 19, 1999. A 
proposed rule, requesting public comment, was published on December 18, 
1998 (63 FR 70093) with a comment period ending date of January 29, 
1999. A complete discussion of the measures appears in the proposed 
rule and is not repeated here.

Approved Management Measures

    This amendment does the following: (1) Redefines overfishing; (2) 
revises the existing fishing mortality reduction schedule through 
fishing year 2008 to reduce the allowable DAS for Atlantic sea scallop 
vessels in order to rebuild the scallop stock within 10 years; (3) 
establishes an annual monitoring and review process to adjust 
management measures to meet the stock rebuilding objectives; (4) 
continues the Mid-Atlantic closed areas in order to protect high 
concentrations of juvenile scallops; and (5) adds the following 
management measures to be implemented and adjusted through framework 
adjustment: Closed areas, changes in the overfishing definition, size 
restrictions, aquaculture projects, and four DAS management options, 
including leasing DAS. The stock rebuilding schedule will set the 
allocation for fishing year 1999 at 120 DAS for full-time vessels. The 
allocation for fishing year 2000 is reduced to 51 DAS for full-time 
vessels and will remain low for the remainder of the 10-year rebuilding 
period. The intent of Amendment 7 is to eliminate overfishing and to 
rebuild the stock consistent with new requirements of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

Closed Areas

    Under Amendment 7 and its implementing regulations, the two Mid-
Atlantic area closures, which are currently in effect, will remain 
closed until March 1, 2001. These closures were implemented by interim 
rules (March 31, 1998, 63 FR 15324, and September 29, 1998, 63 FR 
51862) to protect high concentrations of juvenile scallops, and are 
continued by this action. Fishers catching species other than scallops 
will not be excluded from the closed areas.

Comments and Responses

    Eleven comments were received on Amendment 7 and its proposed 
regulations. Specific comments and responses on Amendment 7 and its 
proposed regulations are provided here.
    Comment: Several commenters supported implementation of Amendment 
7.
    Response: The comments have been noted, and the amendment is 
approved.
    Comment: Enforcing closed areas without the requirement of a vessel 
monitoring system (VMS) is problematic.
    Response: Except for vessels that have declared out of the scallop 
fishery for repair or maintenance, all limited access full-time and 
part-time scallop vessels are required to install a VMS. The VMS units 
must be fully operational at all times and must transmit a signal 
indicating a vessel's accurate position at least every hour, 24 hours a 
day, without interruption, throughout the year. NMFS agrees that the 
requirement of VMS is needed for effective enforcement of closed areas.
    Comment: NMFS should refrain from implementing further DAS 
reductions for one or two seasons and allow scallopers to continue at 
142 DAS while plans for a vessel buyout are finalized.
    Response: Under the baseline or status quo alternative, the DAS for 
full-time vessels would have been reduced from 142 to 80 for fishing 
year 1999-2000 in accordance with the fishing mortality reduction 
program established under Amendment 4 in 1994. To minimize the economic 
impacts of reduced DAS and still comply with the statutory requirements 
of the Magnuson-Stevens Act (rebuilding period be as short as 
possible), Amendment 7 contains an intermediate schedule in the first 
year of the rebuilding schedule that provides full-time scallop vessels 
with 120 DAS, a measure that would reduce the first year impacts on 
small entities compared to any of the other alternatives considered. 
This intermediate DAS allotment during the first year is designed to 
allow the Council to develop rotational scallop closed areas and the 
industry to develop a vessel buyback program while assuring that the 
overfished scallop stocks are rebuilt within 10 years. If scallopers 
were allowed to continue at 142 DAS for one or two additional fishing 
seasons as suggested by the commenter, overfishing of the resource 
would continue and the statutory requirements of the Magnuson-Stevens 
Act to rebuild the stock in as short a period as possible would not be 
met.
    Comment: (1) Amendment 7 is illegally driven by economic and social 
factors, and (2) the commenter is opposed to reopening multispecies 
Closed Area I and Closed Area II because of the impact scallop dredges 
will have on the habitat and on displaced hook fishers.
    Response: Amendment 7 is not illegally driven by economic and 
social factors. National standard 8 requires consideration of the needs 
of fishing communities in order to provide for sustained participation 
of such communities, and to the extent practicable, minimize adverse 
economic impacts on such communities when considering conservation and 
management measures. This Amendment does not propose reopening the 
groundfish closed areas to scallop fishing, but merely provides a 
mechanism to do so via framework action.
    Comment: Amendment 7 allows overfishing to continue for the first 
several years and assumes that multispecies Closed Area II will reopen 
without analyzing its impacts on the environment and essential fish 
habitat and by minimizing bycatch.
    Response: Amendment 7 is consistent with Magnuson-Stevens Act and 
complies with the National Standard Guidelines (63 FR 24212, May 1, 
1998) that allows consideration of the needs of fishing communities 
when adjusting the rebuilding period up to 10 years. Although the 
fishing mortality rate (F) reduction schedule specifies rates that 
exceed the recommended proxy reference point for a maximum mortality 
rate threshold of 0.24 for years 1999 to 2001, the F reduction schedule 
meets the 10-year stock rebuilding objective. The reductions in F under 
this amendment's rebuilding schedule are more pronounced than the 
status quo rebuilding schedule in all years except 1999.
    This rule implements the basic elements of a system for opening and 
closing geographic areas that could be accomplished as part of the 
annual FMP monitoring and adjustment process. Amendment 7 does not 
assume that reopening of closed areas to scallop fishing will occur, 
but recognizes that such an action could occur. Amendment 7 does not 
specify specific openings or closures. Such openings and closures will 
need to be consistent with the F reduction schedule of this amendment, 
the national standards, including those regarding essential fish 
habitat and bycatch and the National Environmental Policy Act.

[[Page 14837]]

    Comment: Amendment 7 focuses on depleted scallop beds and not on 
the Georges Bank closed areas. The commenter asserts the scallop 
fishery is not overfished.
    Response: The management unit of the Atlantic Sea Scallop FMP 
consists of all populations of sea scallops throughout its range, 
including the area from the shoreline to the Northeast Peak of Georges 
Bank. Recent estimates of biomass on Georges Bank and in the Mid-
Atlantic indicate that biomass is 17 and 11 percent of Bmax values for 
those areas, respectively. The Bmax values are proxies for 
Bmsy. Minimally, \1/4\ Bmax (i.e., 25 percent 
Bmax) needs to be reached before an overfished condition for 
sea scallops is eliminated in these resource management areas. The 
intent of Amendment 7 is to eliminate overfishing and to rebuild the 
stock for the overall scallop resource consistent with new requirements 
of the Magnuson-Stevens Act. The current F is 1.05 in the Mid-Atlantic, 
0.51 on Georges Bank, and 0.94 for the overall scallop resource. The F 
to reduce overfishing and rebuild biomass in accordance with the 
Magnuson-Stevens Act requirements is currently estimated at 0.24 for 
the overall scallop resource.
    Comment: Amendment 7 invokes a policy that has takings implications 
as set out in Executive Order (E.O.) 12630 and does not compensate for 
the takings.
    Response: The Magnuson-Stevens Act at section 303(d) clearly 
provides that a limited access system shall not confer any right of 
compensation to the holder of such individual fishing quota or other 
such limited access system authorization if it is revoked or limited, 
and shall not create, or be construed to create, any right, title, or 
interest in or to any fish before the fish is harvested.'' Amendment 4 
changed the primary management strategy from a meat count (size) 
control management system to a DAS effort control program for all 
resource areas. It neither assigns any right of compensation, nor 
creates any right or title to or interest in the scallop resource. 
Amendment 7 adjusts the DAS reductions schedule to be consistent with 
new requirements of the Magnuson-Stevens Act. Therefore, the measures 
in Amendment 7 do not constitute takings for which compensation may be 
sought.
    Comment: Amendment 7 does not comply with E.O. 12866 to maximize 
net benefits.
    Response: E.O. 12866 states that agencies should assess all costs 
and benefits of available regulatory alternatives. Further, in choosing 
among regulatory alternatives, E.O. 12866 directs agencies to select 
the regulatory approach that maximizes net-benefits, including economic 
and environmental advantages, unless a statute requires another 
approach.
    Amendment 7 is expected to produce a discounted net benefit of $53 
million over the next 20 years. The net benefits are higher under 
Amendment 7 and the 7-year rebuilding period, compared to those under 
the 10-year rebuilding period. The 7-year option rebuilds stocks faster 
because it results in higher landings and landings per DAS in a shorter 
period compared to the 10-year option. However, the gradual reduction 
in effort under Amendment 7 from 142 DAS in 1998 to 120 DAS in 1999 for 
full-time vessels was adopted to mitigate the near-term social and 
economic costs for the scallop industry. Fleet revenues would decline 
by 61 percent in 1999 if the 7-year rebuilding schedule were adopted, 
compared to the 45 percent under Amendment 7 (Table 8.3.2 to Amendment 
7, Vol I, sec. 8.3). Such a sharp reduction in annual fleet revenues 
would increase unemployment and the likelihood of vessel bankruptcies. 
Nevertheless, higher economic benefits from an accelerated fishing 
reduction program will occur during the latter stages of the 10-year 
rebuilding period.
    Comment: Amendment 7 does not impose the least burden on society.
    Response: To minimize the economic impacts of reduced DAS and still 
comply with the statutory requirements of national standard 1 
(rebuilding period be as short as possible), Amendment 7 contains an 
intermediate schedule in year one of the rebuilding schedule that 
provides full-time scallop vessels with 120 DAS. This measure will 
reduce the first year impacts on small entities compared to any of the 
other alternatives considered. This intermediate DAS allotment in year 
one of the rebuilding schedule is designed to allow further 
consideration of measures by the Council to develop rotational fishing 
in areas closed to scallop fishing and provide time for the industry to 
develop a vessel buyback program, while assuring that the overfished 
scallop stocks are rebuilt within 10 years.
    Comment: Amendment 7 has no RIR that describes the impact of 
management measures on small entities.
    Response: Supplement 1 to the Amendment 7 FMP contains the RIR, 
including Initial Regulatory Flexibility Analysis (IRFA). The IRFA 
discusses the impact for small businesses in the scallop fishery of 
both the proposed action and alternative management options.
    Comment: NMFS may not have fulfilled its obligations under the 
Regulatory Flexibility Act to consider significant alternatives to the 
proposed rule.
    Response: The Council considered three alternatives that would meet 
the objectives to end overfishing and to rebuild the stock within a 10-
year period. In response to comments, the Council chose an intermediate 
option that blended an ambitious rebuilding schedule in years 2 through 
10 of the plan with a less onerous first-year implementation. A 10-year 
maximum rebuilding time frame mandated by the Magnuson-Stevens Act, as 
well as the low abundance of sea scallops, limits the number and range 
of possible rebuilding schedules and the resultant management measures 
that can be considered. The current suite of management measures in 
place for scallops relies on limitations of DAS to reduce fishing 
mortality. Proposed management alternatives, therefore, were limited to 
various schedules of DAS reductions to fishing mortality reductions. 
The status quo, a 10-year rebuilding schedule, and a 7-year rebuilding 
schedule are the alternatives considered to rebuild the stock.
    Comment: Choosing an alternative that will reduce the DAS from 120 
to 51 will be detrimental to small fishing businesses such as those in 
New Bedford, Massachusetts and might violate national standard 8 of the 
Magnuson-Stevens Act. NMFS should address an alternative to reopen the 
closed areas of Georges Bank.
    Response: In approving Amendment 7, NMFS determined the amendment 
complied with each of the national standards. In making this 
determination, NMFS must take into account, among other things, the 
importance of fishery resources to affected fishing communities while 
at the same time ensuring that the conservation requirements and goals 
of the FMP are not compromised. The primary conservation goal of 
Amendment 7 is to rebuild the overfished stock of sea scallops within a 
10-year rebuilding period, as required by the Magnuson-Stevens Act. 
Nevertheless the Council adopted and NMFS approved a rebuilding plan 
that only reduces the available DAS for vessels by a small amount in 
the first year, in the hope that a buyback program may be implemented 
soon and some reopening of portions of closed areas occur after 
sufficient analysis of effects of such an action are known. By reducing 
available DAS in the first year by a small amount and allowing for the 
possibility of a buyback program or area reopening to scallop

[[Page 14838]]

vessels, Amendment 7 seeks to meet the conservation goal in a way that 
reduces the impact on fishing communities. To include a specific 
reopening of portions of closed areas in Amendment 7 would have 
required the Council to consider the effects that these openings would 
have on scallop fishing mortality rates, bycatch of juvenile 
groundfish, effects on bottom habitat, and possible gear conflicts 
between mobile and fixed gear. During the development of Amendment 7, 
there was not enough data available to support the reopening of the 
closed areas, and the Council was working under a statutory requirement 
of the Magnuson-Stevens Act to submit a rebuilding plan for sea 
scallops by September 30, 1997. Subsequently, any reopening of closed 
areas would have been contrary to national standards 1 and 9.
    NMFS worked 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. The experimental fishery 
evaluates, 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. Therefore, the results were not 
available to the Council to consider as an alternative in Amendment 7. 
However, Amendment 7 contains a framework measure that would expedite 
future action by the Council to open the closed areas and establish new 
closed areas once the experimental fishery results are analyzed. To 
gain access to closed areas as soon as possible, the Council is now 
considering options for framework actions (for both the Atlantic Sea 
Scallop and Northeast Multispecies FMPs) to reopen to scallop fishing 
portions of some areas closed to fishing for groundfish protection. If 
approved, such framework actions might become effective as early as 
mid-1999. These framework actions would be followed by a more 
comprehensive FMP amendment to fully employ a rotational harvest 
strategy.
    Comment: DAS reductions scheduled for year 2000 and thereafter 
should not be implemented but be replaced by an area management system.
    Response: Replacing the DAS reductions scheduled for year 2000 and 
thereafter with an area management system goes beyond the scope of the 
management measures analyzed in Amendment 7. The Magnuson-Stevens Act 
requires that amendments or proposed rules specify a time period for 
ending overfishing that shall be as short as possible and not exceed 10 
years, except in cases where the biology of the stock of fish, other 
environmental conditions, or international management measures dictate 
otherwise. Furthermore, the low abundance of sea scallops limits the 
range of management measures. DAS is a useful management tool to 
control overall effort on the sea scallops stock, whereas, area 
openings and closures would assist in attaining Bmax goals 
for the two different important management areas: Georges Bank and the 
Mid-Atlantic. The status quo, a 10-year rebuilding schedule, and a 7-
year rebuilding schedule were the alternatives considered to rebuild 
the stock using an annual DAS schedule and an annual F schedule for the 
entire stock. As explained in the previous response to a comment, the 
Council is considering framework action to allow access to portions of 
Closed Area II (through both the Atlantic Sea Scallop and Northeast 
Multispecies Fishery Management Plans). If approved, these framework 
actions are likely to be in effect sometime this summer, followed by 
amendments to both FMPs to address a rotational harvest strategy for 
scallops and protection for groundfish and habitat.
    Comment: The 1-year 120 DAS transitional period contained in 
Amendment 7 should be implemented before the Amendment's rebuilding 
provisions are fully implemented. The framework adjustment authority to 
develop rotational area management for the scallop fishery is a good 
management approach.
    Response: The comments have been noted, and the 1-year 120 DAS 
transitional period and authority to reopen closed areas under 
frameworking are approved.

Classification

    The Regional Administrator, Northeast Region, NMFS, determined that 
the amendment is necessary for the conservation and management of the 
Atlantic sea scallop fishery and that it is consistent with the 
Magnuson-Stevens Act and other applicable laws.
    The two Mid-Atlantic area closures expire on March 26, 1999. 
Uninterrupted protection of sea scallops in these areas is essential 
for replenishment of a large number of sea scallops in the Mid-Atlantic 
with a high reproductive potential in the near future. Hence, it is not 
practical to delay the effectiveness beyond March 26, 1999. 
Accordingly, the Assistant Administrator for Fisheries, NOAA, under 5 
U.S.C. 553(d)(3), finds good cause to waive part of the 30-day delayed 
effectiveness period with respect to these closed areas so that they 
remain closed after March 26, 1999, without interruption. This waiver 
of the delayed effectiveness period does not apply to the additional 
measures under Amendment 7, which are effective April 28, 1999.
    The Council prepared an FSEIS for this action; a notice of 
availability for the FSEIS was published on December 24, 1998 (63 FR 
71285). The action will substantially reduce the level of fishing in 
the Atlantic sea scallop fishery in the EEZ.
    This final rule has been determined to be significant for purposes 
of E.O. 12866.
    To comply with the requirements of the RFA, the Council prepared an 
IRFA that describes the impact this proposed rule, if adopted, would 
have on small entities. The Council initially considered three 
alternatives: (1) A baseline or status quo alternative based upon 
management measures implemented under Amendment 4 to the FMP, (2) a 7-
year rebuilding plan, and (3) a 10-year rebuilding plan. After 
receiving comments on the Draft Environmental Impact Statement for 
Amendment 7, the Council decided to add a new option as its preferred 
alternative that would still have an ambitious rebuilding schedule in 
years 2 through 10 of the plan but not in year one compared to the 7 
and 10-year rebuilding plan. Under the baseline or status quo 
alternative, the DAS for full-time vessels would have been reduced from 
142 in this current fishing year to 80 in year one of the plan to 
comply with Amendment 4. Instead, under the preferred alternative, the 
DAS for full-time vessels would be 120 in year one, a measure that 
would reduce the first year impacts on small entities compared to any 
of the other alternatives considered. The Council hopes that this will 
allow enough time for a buyout plan to be implemented for some vessels 
wishing to leave the sea scallop fishery (i.e., the total DAS available 
to the fishery would be divided among fewer vessels beginning in March 
2000). Also, during the first year of effectiveness of the preferred 
alternative, enough data might be collected in areas currently closed 
to harvest of groundfish and sea scallops to allow for some rotational, 
seasonal openings of these areas to harvest scallops. This approach is 
designed to minimize economic impacts on small entities, especially in 
the first year that the Amendment is effective. Recognizing the 
limitations on implementing the Council's

[[Page 14839]]

recommendations under the Magnuson-Stevens Act, NMFS sought comments on 
these alternatives and on any others that may achieve the objectives of 
the rulemaking while minimizing its economic impact on small entities.
    The proposed action would reduce the overall scallop revenues of 
the fleet by approximately 38 percent in the year 2000 (compared to the 
baseline) and by approximately 10 percent in the year 2007. A change in 
DAS is assumed to reduce a vessel's landings almost in the same 
proportion. Ex-vessel prices may increase to some extent as landings 
decrease. Of the full-time vessels, 184 of the 197 vessels derived more 
than 60 percent of their income from scallops in 1997. Of the 31 part-
time vessels, 23 derived at least 31 percent of their income from 
scallops in 1997.
    In the 1997 fishing year, there were only 26 vessels with limited 
access occasional permits, and only 5 of these vessels landed any 
scallops. These vessels did not have much dependence on the scallop 
fishery and derived less than 5 percent of their revenues from 
scallops. Therefore, this final rule is not expected to significantly 
affect occasional scallop permit holders except that in 1999, more than 
2 percent of the full-time vessels may be forced to cease operations 
each year from the years 2000 through 2007.
    With the exception of the running clock provision, the Monkfish FMP 
was approved by the Secretary of Commerce on March 3, 1999. The 
proposed rule to implement the Monkfish FMP was published in the 
Federal Register on February 16, 1999 (64 FR 7601). The comment period 
on the proposed rule ends March 26, 1999. Under the Monkfish FMP, 
scallop vessels will be restricted to landing their monkfish while 
using their scallop DAS. The percentage of total annual revenues from 
monkfish landed while not on scallop trips is 8.3 percent for full-time 
dredges, 7.9 percent for part-time dredges, and 0.2 percent for 
occasional dredges. The percent of total annual revenues for scallop 
trawlers is 12 percent for full-time vessels, 4 percent for part-time 
vessels and 6.1 percent for occasional vessels).
    A copy of the IRFA analysis is available from the Council (see 
ADDRESSES). The Final Regulatory Flexibility Analysis incorporates the 
IRFA and its findings, and the responses to public comments that 
mentioned possible effects of Amendment 7 on small entities.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: March 24, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 648 is amended 
as follows:

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)(110) and (a)(111) are added to 
read as follows:


Sec. 648.14  Prohibitions.

    (a) * * *
    (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 or 
a preponderance of the evidence of record shows there was a compelling 
safety reason.
* * * * *
    3. In Sec. 648.53, paragraph (b) is amended by revising the last 
sentence and the table to read as follows:


Sec. 648.53  DAS allocations.

* * * * *
    (b) DAS allocations. * * * The annual allocations of DAS for each 
category of vessel for the fishing years indicated are as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 1999-    2000-    2001-    2002-    2003-    2004-    2005-    2006-    2007-
                         DAS category                             2000     2001     2002     2003     2004     2005     2006     2007     2008    2008+
--------------------------------------------------------------------------------------------------------------------------------------------------------
Full-time.....................................................      120       51       49       46       45       34       35       38       36       60
Part-time.....................................................       48       20       19       18       18       14       14       15       17       24
Occasional....................................................       10        4        4        4        4        3        3        3        4        5
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
    4. In Sec. 648.55, revise paragraph (a) and the first sentence of 
paragraph (b); redesignate paragraph (h) as paragraph (j) and 
paragraphs (c) through (g) as paragraphs (d) through (h), respectively; 
add new paragraph (c); redesignate newly redesignated paragraph (d)(12) 
as paragraph (d)(21); add new paragraphs (d)(12) through (d)(20), and 
add new paragraph (i) to read as follows:


Sec. 648.55  Framework specifications.

    (a) Annually, or upon a request from the NEFMC, the Regional 
Administrator will provide the NEFMC with information on the status of 
the scallop resource.
    (b) Within 60 days of receipt of that information, the NEFMC PDT 
shall assess the condition of the scallop resource to determine the 
adequacy of the total allowable DAS reduction schedule, described in 
Sec. 648.53(b), and of other management measures to achieve the stock-
rebuilding objectives. * * *
    (c) Based on this review, the NEFMC PDT shall recommend total 
allowable DAS reduction schedules and develop options necessary to 
achieve the FMP goals and objectives, which may include a preferred 
option. The NEFMC PDT must demonstrate through analysis and 
documentation that the options it develops are expected to meet the 
Scallop FMP goals and objectives. The range of options developed by the 
NEFMC PDT may include any of the management measures in the Scallop 
FMP, including, but not limited to the categories described in 
Sec. 648.53(d).
    (d) * * *
    (12) Modifications to the overfishing definition.
    (13) VMS Demarcation Line for DAS monitoring.
    (14) DAS allocations by gear type.
    (15) Temporary leasing of scallop DAS requiring full public 
hearings.
    (16) Scallop size restrictions, except a minimum size or weight of 
individual scallop meats in the catch.
    (17) Aquaculture enhancement measures and closures.
    (18) Closed areas to lessen the amount of DAS reductions.
    (19) Closed areas to increase the size of scallops caught.
    (20) Modifications to the opening dates of closed areas.
* * * * *
    (i) If the Regional Administrator concurs in the NEFMC's 
recommendation, a final rule shall be

[[Page 14840]]

published in the Federal Register on or about February 1 of each year. 
If the NEFMC fails to submit a recommendation to the Regional 
Administrator by December 1 that meets the FMP goals and objectives, 
the Regional Administrator may publish as a proposed rule one of the 
options reviewed and not rejected by the NEFMC, provided that the 
option meets the FMP objective and is consistent with other applicable 
law. If, after considering public comment, the Regional Administrator 
decides to approve the option published as a proposed rule, the action 
will be published as a final rule in the Federal Register.
* * * * *
    5. Section 648.57 is added to read as follows:


Sec. 648.57  Closed areas.

    (a) Hudson Canyon South Closed Area. Through March 1, 2001, 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 Secs. 648.23(b) 
and 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
------------------------------------------------------------------------
H1..............................  39 30' N.           73 10' W.
H2..............................  39 30' N.           72 30' W.
H3..............................  38 30' N.           73 30' W.
H4..............................  38 40' N.           73 50' W.
------------------------------------------------------------------------

    (b) Virginia Beach Closed Area. Through March 1, 2001, 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 Secs. 648.23(b) and 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
------------------------------------------------------------------------
V1..............................  37 00' N.           74 55' W.
V2..............................  37 00' N.           74 35' W.
V3..............................  36 25' N.           74 45' W.
V4..............................  36 25' N.           74 55' W.
------------------------------------------------------------------------


[FR Doc. 99-7624 Filed 3-24-99; 3:25 pm]
BILLING CODE 3510-22-P