[Federal Register Volume 65, Number 43 (Friday, March 3, 2000)]
[Rules and Regulations]
[Pages 11478-11480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5195]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 000223050-0050-01; I.D. 013100C]
RIN 0648-AN18


Fisheries of the Northeastern United States; Framework 12 to the 
Atlantic Sea Scallop Fishery Management Plan; Technical Amendment to 
the Monkfish Landing Restrictions and Application/Renewal Permit 
Restrictions

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 12 to the Atlantic Sea Scallop Fishery Management 
Plan (FMP). The intent of Framework Adjustment 12 and these final 
regulations is to adjust the limited access scallop days-at-sea (DAS) 
allocations for the fishing year March 1, 2000, through February 28, 
2001. This final rule also corrects and clarifies the final rule 
implementing the Monkfish FMP by providing clarification on how the 5-
percent and 25-percent incidental catch criteria are to be calculated 
for the purpose of determining the allowable incidental catch level of 
monkfish and monkfish tails compared to the total weight of fish on 
board. In addition, this final rule clarifies the monkfish permit 
application/renewal deadlines.

DATES: This rule is effective March 1, 2000, except that amendments to 
Sec. 648.4(a)(9)(i)(B) and Sec. 648.94(b)(4)(i), (b)(4)(ii), (c)(1)(i), 
and (c)(3)(i) are effective March 3, 2000.

ADDRESSES: Copies of the supporting documents for Framework Adjustment 
12 are available from Paul J. Howard, Executive Director, New England 
Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 
01950.

FOR FURTHER INFORMATION CONTACT: Paul H. Jones, Fishery Policy Analyst, 
978-281-9273, fax 978-281-9135, e-mail [email protected]

SUPPLEMENTARY INFORMATION:

Background

    Regulations implementing Amendment 7 to the FMP (64 FR 14835, March 
29, 1999) redefined overfishing; revised the existing fishing mortality 
(F) 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; and established an annual monitoring and 
review process to adjust management measures to meet the stock 
rebuilding objectives.
    The New England Fishery Management Council (Council) developed 
Framework 12 to the Sea Scallop FMP to adjust the fishing year 2000 DAS 
allocations for limited access scallop vessels. This action increases 
the fishing year 2000 annual DAS allocations from the level specified 
in the FMP as follows: Full-time from 51 DAS to 120 DAS, Part-time from 
20 to 48 DAS, and Occasional from 4 to 10 DAS. The adjustment is needed 
to make the DAS allocations for fishing year 2000 consistent with 
current resource conditions.
    When the Council developed Amendment 7, survey data and stock 
assessment information were current through July 1997. The multispecies 
area closures had just recently been implemented on Georges Bank and in 
Southern New England, and the closure to protect scallops had not yet 
been implemented in the Mid-Atlantic. The effect of rebuilding stock in 
the closed areas could not be predicted very precisely. Therefore, 
Amendment 7 relied on large cuts in DAS allocations to achieve the F 
targets needed to stop overfishing and rebuild the stock. Amendment 7 
recognized the large reduction in DAS would have significant economic 
and social effects on the industry, the economy, and small

[[Page 11479]]

communities that depend on the scallop fishery.
    Based on an updated assessment from the 29th Northeast Regional 
Stock Assessment Workshop (September 1999) and the 1999 Stock 
Assessment and Fishery Evaluation (SAFE) Report, the Scallop Plan 
Development Team (PDT) determined that increasing the Amendment 7 DAS 
allocations for each of three permit categories to the same amounts as 
in the 1999 fishing year would meet the 2000 F target. This is 
contingent on scallops in the closed areas remaining protected or that 
access by scallop vessels to the closed areas is conservation neutral. 
The SAFE Report dated September 1, 1999, included new biological 
projections that indicate that scallop rebuilding is ahead of the 
schedule anticipated in the Amendment 7 analysis. The accelerated 
rebuilding has occurred primarily because of a strong year class of 
scallops in 1998 and because of rapidly accumulating biomass in the 
Georges Bank and Southern New England multispecies closed areas. More 
importantly, the Amendment 7 F targets are now expected to rebuild 
stock biomass to target levels for Georges Bank by 2005 and in the Mid-
Atlantic by 2003. No recommendations were made by the Scallop PDT for 
subsequent years.

Abbreviated Rulemaking

    The Council requested publication of the management measures as a 
final rule after considering the required factors stipulated in the 
regulations governing the Atlantic sea scallop fishery (Sec. 648.55(g)) 
and providing supporting analysis for each factor considered. The 
Administrator, Northeast Region, NMFS, concurred with the Council's 
recommendation and has determined that Framework Adjustment 12 should 
be published as a final rule.
    NMFS is adjusting the scallop regulations following the procedure 
for framework adjustments established by Amendment 4 and codified in 50 
CFR part 648, subpart D. The Council followed this procedure when 
making adjustments to the FMP by developing and analyzing the actions 
over the span of two Council meetings held on September 22, 1999, and 
November 17, 1999.

Public Comments Received and Response

    The September 22, 1999, Council meeting was the first of two 
meetings that provided an opportunity for public comment on Framework 
Adjustment 12. A draft document containing the proposed management 
measures and their rationale was available to the public during the 
second week in November 1999 and notification of the initial and final 
Council meetings were mailed to people on the Council's extensive 
interested party mailing list and published in the Federal Register. 
The final public hearing was held on November 17, 1999. Testimony 
provided by industry members at the public meetings favored the 
increase in DAS allocation; there were no negative comments. NMFS 
agrees and approved Framework 12 on February 22, 2000.

Monkfish Technical Amendment

    This final rule also implements a technical change to clarify the 
Council's intent concerning the 5-percent and 25-percent incidental 
catch criteria implemented in regulations under the Monkfish FMP. This 
final rule adds language that will clarify how the 5-percent and 25-
percent incidental catch criteria will be calculated for the purpose of 
determining the allowable incidental catch of monkfish and monkfish 
tails. The monkfish regulations specify that any vessel issued a 
monkfish Category C or D permit that is fishing under a multispecies 
DAS and not under a monkfish DAS, may land up to 300 lb (136 kg) tail 
weight or 996 lb (452 kg) whole weight of monkfish per DAS, or 25 
percent of the total weight of fish on board, whichever is less. As 
currently written in the regulations, in order to comply with the 25-
percent incidental catch criterion, vessels that possess whole monkfish 
must retain more fish overall than vessels that retain monkfish tails. 
For example, if a vessel landed 250 lb (113.4 kg) of monkfish tails, 
its total fish landings must equal at least 830 lb (376.5 kg) to 
fulfill the 25-percent rule. Conversely, if a vessel landed the whole 
weight equivalent of the tails, i.e., 830 lb (376.5 kg), the vessel 
must land at least 3,320 lb (1505.9 kg) of total fish.
    A similar rule also exists for any vessel issued a monkfish 
incidental catch permit and fishing with large mesh while not on a 
monkfish, multispecies, or scallop DAS. Vessels fishing under this 
scenario may land monkfish (whole or tails) only up to 5 percent of the 
total weight of fish on board. As stated earlier, in order to comply 
with the 5-percent criterion vessels that possess whole monkfish are 
required to retain more fish than vessels that retain monkfish tails.
    To address this, the Council, at its November 17, 1999, meeting, 
clarified its intent and voted to recommend a technical change to the 
final rule implementing the Monkfish FMP. A review of the Monkfish FMP 
text and background material germane to the issue shows that a 
technical amendment is warranted by the record. Therefore, this final 
rule adds language to clarify this measure by specifying that for the 
purpose of determining compliance with the 5-percent and 25-percent 
incidental catch criteria, monkfish landed as whole weight will be 
converted to tail weight by dividing the amount of whole weight 
possessed or landed by 3.32. The converted tail weight will then be 
used to determine the appropriate 5-percent or 25-percent threshold.
    In addition, this final rule clarifies the permit application/
renewal requirements for the monkfish fishery. The current regulations 
(Sec. 648.4(a)(9)((i)(B)) indicate that the Regional Administrator must 
receive a completed application by the last day of the fishing year for 
which the permit is required (April 30, 2000). However, 
Sec. 648.4(a)(9)(i)(M) indicates that vessel owners must apply for a 
limited access permit within 12 months of the effective date of the 
regulations implementing the Monkfish FMP, which became effective on 
November 8, 1999. This rule clarifies that applications for limited 
access monkfish permits must be received no later than November 7, 
2000, rather than the end of the monkfish fishing year (April 30, 
2000).

Classification

    This final rule has been determined to be not significant for the 
purposes of E.O. 12866.
    The Assistant Administrator for Fisheries, NOAA (AA), finds that 
because public meetings held by the Council to discuss the management 
measure implemented by this rule provided adequate prior notice and 
opportunity for public comment, further notice and opportunity to 
comment on this rule is unnecessary. Also, because the technical 
amendments to the monkfish final rule merely clarify Council intent 
regarding conversions of weights and an application deadline without 
affecting a substantive change to the existing regulations, prior 
notice and opportunity for public comment are unnecessary. Therefore, 
the AA, under 5 U.S.C. 553(b)(B), finds that good cause exists to waive 
prior notice and opportunity for comment.
    Increasing DAS allocations for fishing year 2000 for scallop 
limited access vessels relieves restrictions. Accordingly, under 5 
U.S.C. 553(d)(1), the 30-day delay in effectiveness is not required. 
Technical amendments to Sec. 648.4(a)(9)(i)(B) and 
Sec. 648.94(b)(4)(i), (b)(4)(ii), (c)(1)(i), and (c)(3)(i) merely 
clarifies the existing regulations. They do not make any substantive 
change to

[[Page 11480]]

the regulations. Thus, these amendments do not constitute a substantive 
rule subject to the requirement for a 30-day delay in effective date 
contained in 5 U.S.C. 553(d).
    Because a general notice of proposed rulemaking is not required 
under 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. 
While a regulatory flexibility analysis is not required and none has 
been prepared, the economic impacts on affected fishers and 
alternatives to the rule were considered by the Council and NMFS. 
Copies of the analysis for Framework 12 may be obtained from the 
Council (see ADDRESSES).

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: February 29, 2000.
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. 648.4, paragraph (a)(9)(i)(B) is revised to read as 
follows:


Sec. 648.4  Vessel and individual commercial permits.

    (a) * * *
    (9) * * *
    (i) * * *
    (B) Application/renewal restrictions. No one may apply for an 
initial limited access monkfish permit for a vessel after November 7, 
2000.
* * * * *
    3. In Sec. 648.53, paragraph (b) is amended by revising the table 
to read as follows:


Sec. 648.53  DAS allocations.

* * * * *
    (b) DAS allocations. * * *

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

* * * * *
    4. In Sec. 648.94, paragraphs (b)(4)(i), (b)(4)(ii), (c)(1)(i), and 
(c)(3)(i) are revised to read as follows:


Sec. 648.94  Monkfish possession and landing restrictions.

* * * * *
    (b) * * *
    (4) * * *
    (i) NFMA. Any Category C or D vessel that is fishing under a 
multispecies DAS in the NFMA may land up to 300 lb (136 kg) tail weight 
or 996 lb (452 kg) whole weight of monkfish per DAS, or 25 percent 
(where the weight of all monkfish is converted to tail weight) of the 
total weight of fish on board, whichever is less. For the purposes of 
converting whole weight to tail weight, the amount of whole weight 
possessed or landed is divided by 3.32.
    (ii) SFMA. If any portion of a trip is fished only under a 
multispecies DAS and not under a monkfish DAS in the SFMA, a vessel 
issued a Category C or D permit may land up to 300 lb (136 kg) tail 
weight or 996 lb (452 kg) whole weight of monkfish per DAS, or 25 
percent (where the weight of all monkfish is converted to tail weight) 
of the total weight of fish on board, whichever is less, if trawl gear 
is used exclusively during the trip, or 50 lb (23 kg) tail weight or 
166 lb (75 kg) whole weight if gear other than trawl gear is used 
during the trip. For the purposes of converting whole weight to tail 
weight, the amount of whole weight possessed or landed is divided by 
3.32.
* * * * *
    (c) * * *
    (1) * * *
    (i) NFMA. Vessels issued a monkfish incidental catch permit fishing 
under a multispecies DAS exclusively in the NFMA may land up to 300 lb 
(136 kg) tail weight or 996 lb (452 kg) whole weight of monkfish per 
DAS, or 25 percent (where the weight of all monkfish is converted to 
tail weight) of the total weight of fish on board, whichever is less. 
For the purposes of converting whole weight to tail weight, the amount 
of whole weight possessed or landed is divided by 3.32.
* * * * *
    (c) * * *
    (3) * * *
    (i) Vessels fishing in the GOM/GB, SNE and MA Regulated Mesh Areas 
with large mesh. A vessel issued a valid monkfish incidental catch 
permit and fishing in the GOM/GB or SNE RMAs with large mesh as defined 
in Sec. 648.80(a)(2)(i) and (b)(2)(i), respectively, or fishing in the 
MA RMA with mesh no smaller than specified at Sec. 648.104(a)(1), while 
not on a monkfish, multispecies, or scallop DAS, may possess, retain, 
and land monkfish (whole or tails) only up to 5 percent (where the 
weight of all monkfish is converted to tail weight) of the total weight 
of fish on board. For the purposes of converting whole weight to tail 
weight, the amount of whole weight possessed or landed is divided by 
3.32.
* * * * *
[FR Doc. 00-5195 Filed 3-1-00; 9:50 am]
BILLING CODE 3510-22-F