[Federal Register Volume 65, Number 232 (Friday, December 1, 2000)]
[Proposed Rules]
[Pages 75232-75234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30678]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 001120324-0324-01; I.D. 110700D]
RIN 0648-AO71


Fisheries of the Northeastern United States; Atlantic Sea Scallop 
Fishery; Extension of Closed Areas

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

ACTION: Proposed rule; request for comments.

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SUMMARY:  This proposed rule would extend the closure of the Hudson 
Canyon South and Virginia Beach Sea Scallop Closed Areas for 180 days 
or until such time that a controlled area access program for these two 
areas can be implemented through Framework 14 to the Atlantic Sea 
Scallop Fishery Management Plan (FMP), whichever is sooner. This 
action, which is necessary to reduce overfishing, would help ensure 
that fishing mortality rates do not exceed the target thresholds 
established in the FMP.

DATES: Comments must be received no later than 5 p.m., eastern daylight 
time, January 2, 2001.

ADDRESSES: Comments on this proposed rule should be sent to Patricia A. 
Kurkul, Regional Administrator, Northeast Regional Office, NMFS,1 
Blackburn Drive, Gloucester, MA 01930-2298. Please mark the envelope 
``Comments - Extension of Mid-Atlantic Scallop Closed Areas.'' Comments 
also may be sent via facsimile (fax) to 978-281-9135. Comments will not 
be accepted if submitted via e-mail or Internet. Comments regarding any 
ambiguity or unnecessary complexity arising from the language used in 
this rule should also be sent to Patricia Kurkul. Copies of the 
Environmental Assessment/Regulatory Impact Review/Initial Regulatory 
Flexibility Analysis (EA/RIR/IRFA) and any other documents supporting 
this action are available from the Regional Office at the address 
specified here.

FOR FURTHER INFORMATION CONTACT: Peter W. Christopher, Fishery Policy 
Analyst, 978-281-9288, fax 978-281-9135, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: The 23rd Northeast Regional Stock Assessment 
Workshop (SAW 23), in March 1997, identified high fishing mortality 
rates, low stock size, and lack of significant recruitment in the 
Atlantic sea scallop (scallop) fishery. Based on this finding, 
scientists involved with SAW 23 determined that fishing effort should 
be reduced immediately and significantly in the Mid-Atlantic region to 
preserve spawning stock biomass and improve the yield per recruit. To 
achieve this, NMFS implemented an interim final rule on April 3, 1998 
(63 FR 15324), that established two areas in the Mid-Atlantic region 
that were closed to all scallop fishing. The closure of these two 
areas, the Hudson Canyon South and Virginia Beach Closed Areas, was 
based on a finding that the areas contained large concentrations of 
small and juvenile scallops that could provide for future recruitment. 
The interim final rule was subsequently extended for 180 days (63 FR 
51862, September 29, 1998) and on March 29, 1999, Amendment 7 to the 
Atlantic Sea Scallop Fishery Management Plan (FMP) (64 FR 14835)

[[Page 75233]]

extended the effective date of the closures through March 1, 2001.
    While there are still concentrations of small scallops in the 
Hudson Canyon South and Virginia Beach Closed Areas, recent surveys by 
the NMFS Northeast Fisheries Science Center and Virginia Institute of 
Marine Science indicate that a large portion of the protected scallops 
have grown and could be of considerable value to the fishing industry. 
Because of the vulnerability of these scallops to fishing upon the re-
opening of the closed areas on March 1, 2001, concern was expressed by 
scientists in the recent Sea Scallop Stock Assessment and Fishery 
Evaluation report that a high amount of fishing effort in these areas 
would increase fishing mortality rates beyond management thresholds, 
would contribute to overfishing, and would compromise future 
recruitment of scallops. To address this concern, the New England 
Fishery Management Council (Council) is currently developing Framework 
14 to the FMP, the annual framework adjustment, with the intention of 
including an area access program for the Mid-Atlantic closed areas. 
This program would restrict scallop vessels when fishing in the re-
opened Mid-Atlantic closed areas to a scallop possession limit and a 
limited amount of trips, among other measures. Because the Council is 
preparing a Supplemental Environmental Impact Statement for Framework 
14 to assess the impacts of the fishery on the human environment, it is 
highly unlikely that the framework can be implemented by March 1, 2001, 
the date that the Mid-Atlantic closed areas are scheduled to re-open. 
An extension of the closures is therefore necessary to ensure that the 
areas do not open prior to protective measures being in place. Without 
such action, overfishing would likely occur before Framework 14 can be 
implemented, and the ability to maximize scallop yields from the areas 
and ensure that recruitment potential is maintained could be 
compromised. If that were to occur, long-term benefits to the scallop 
fishery could be significantly reduced.

Proposed Action

    The proposed rule would delay the re-opening of the Hudson Canyon 
South and Virginia Beach scallop closed areas for 180 days or until 
such time that new measures to prevent overfishing in the areas are 
implemented, whichever is sooner. This action is authorized by section 
305(c) of the Magnuson-Stevens Fishery Conservation and Management Act 
and may be extended for an additional 180-day period.

Classification

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS prepared an IRFA as part of an RIR that describes the economic 
impact this action, if adopted, would have on small entities. A copy of 
the IRFA is available from NMFS (see ADDRESSES). A summary of the 
analysis follows:
    The IRFA describes this action, sets forth why it is being taken, 
and the legal basis for it. A description of the action, why it is 
being considered, and the legal basis for this action appear in the 
beginning of this section in the preamble and in the SUMMARY section 
and is not repeated here.
    The IRFA considered the impacts that this action will have on small 
entities, which includes all holders of active scallop permits, since 
none have reported gross annual revenues greater than $3 million. The 
1999 fishing season, March 1, 1999, to February 28, 2000, was the last 
full year of scallop fishing activity available for analysis. During 
that season, there were 345 qualified permits in the Limited Access 
fishery. Two-hundred and ninety of these permits were on vessels that 
landed scallops. The remaining 55 Limited Access permits were in 
Confirmation of Permit History, a category of permit for vessels that 
were destroyed or that were sold and the permit eligibility retained by 
the seller. In addition, 2,095 permits were issued to vessels in the 
open access General Category, but only 190 of these vessels could be 
identified in the dealer reports as having landed scallops. The 
proposed action to extend the closures of the Hudson Canyon South and 
Virginia Beach Closed Areas for 180 days from March 1, 2001, or until 
Framework 14 can be implemented (currently estimated to be May 2001), 
whichever is sooner, should have a positive net impact on small 
business entities during the next few years and is not expected to 
impact segments of the fishery differentially. Without this proposed 
action, the most likely outcome would be that Framework 14 would have 
to prevent further access to these closed areas during 2001 because the 
vessels would have exceeded the target fishing mortalities and total 
allowable catch by the time Framework 14 becomes effective. One 
alternative considered by NMFS but rejected would have allowed the 
Hudson Canyon South and Virginia Beach Closed Areas to re-open, as 
scheduled, on March 1, 2001. Under this alternative, overfishing would 
likely occur in the areas, and the ability to maximize scallop yields 
from the areas and ensure that recruitment potential is maintained 
could be compromised, thereby reducing long-term benefits to the 
scallop fishing industry. Depending on the amount of fishing that has 
occurred in the absence of this interim action, access during the 2002 
season might also have to be reduced substantially in order to rebuild 
the stock.
    The proposed action is not expected to reduce overall access to the 
closed areas in 2001 and will protect the growth potential of more 
young scallops for 2002, provided that Framework 14 is implemented in a 
timely fashion, as anticipated by the Council. The Scallop Plan 
Development Team (PDT), in preparing analyses for Framework 14, has 
estimated that each limited access permit holder will be allocated 
between three and five trips into the Mid-Atlantic areas, depending on 
their effort category and the fishing mortality scenario selected by 
the Council. Although 10 days at sea would be charged to each trip, the 
scallop resource density in the areas to be re-opened is high enough 
that trip limits that meet fishing mortality targets may be able to be 
taken in 3 to 5 days, as estimated by the PDT. Thus, there may still be 
time in the 2001 season for vessels to fish in the re-opened areas and 
to take their allotted limits. Moreover, vessels would be free to use 
their effort allocation outside the closed areas until Framework 14 
goes into effect. Thus, any short-term negative impacts caused by 
delaying the re-opening of the two Mid-Atlantic areas to scallop 
fishing are expected to be offset by access to those areas in the 
remainder of 2001 and by future recruitment of scallops.
    This proposed rule has no projected reporting, recordkeeping, or 
compliance requirements. Also, there are no relevant Federal rules that 
may duplicate, overlap, or conflict with the proposed rule.
    The President has directed Federal agencies to use plain language 
in their communications with the public, including regulations. To 
comply with this directive, we seek public comment on any ambiguity or 
unnecessary complexity arising from the language used in this proposed 
rule. Such comments should be sent to Patricia A. Kurkul, Regional 
Administrator (see ADDRESSES).

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.


[[Page 75234]]


    Dated: November 27, 2000.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set forth in the preamble, 50 CFR part 648 is 
proposed to be 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.  648.57, the first sentence of paragraph (a) and (b) are 
revised to read as follows:


Sec.  648.57  Closed areas.

    (a) * * * No vessel may fish for, possess, or retain sea scallops 
in or from the area known as the Hudson Canyon South Closed Area or 
transit this closed area unless all scallop dredge gear on board is 
properly stowed and not available for immediate use in accordance with 
the provisions of Sec.  648.23(b). * * *
    (b) * * * No vessel may fish for, possess, or retain sea scallops 
in or from the area known as the Virginia Beach Closed Area or transit 
this closed area unless all scallop dredge gear on board is properly 
stowed and not available for immediate use in accordance with the 
provisions of Sec.  648.23(b). * * *
[FR Doc. 00-30678 Filed 11-30-00; 8:45 am]
BILLING CODE: 3510-22 -S