[Federal Register Volume 66, Number 28 (Friday, February 9, 2001)]
[Rules and Regulations]
[Pages 9678-9679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3387]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 001120324-1030-02; 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: Interim final rule.

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SUMMARY: This interim final rule extends the closure of the Hudson 
Canyon South and Virginia Beach Sea Scallop Closed Areas on an interim 
basis 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, will 
help ensure that fishing mortality rates do not exceed the target 
thresholds established in the FMP.

DATES: Effective March 2, 2001, through August 8, 2001.

ADDRESSES:  Copies of the Environmental Assessment/Regulatory Impact 
Review/Final Regulatory Flexibility Analysis (EA/RIR/FRFA) and any 
other documents supporting this action are available from Patricia A. 
Kurkul, Regional Administrator, Northeast Regional Office, NMFS, 1 
Blackburn Drive, Gloucester, MA 01930-2298. The EA/RIR/FRFA is 
accessible via the Internet at http:/www.nero.gov/ro/doc/nr.htm.

FOR FURTHER INFORMATION CONTACT: Peter W. Christopher, Fishery Policy 
Analyst, 978-281-9288, fax 978-281-9135, e-mail 
[email protected].
    Send comments on any ambiguity or unnecessary complexity arising 
from the language used in this interim final rule to the Regional 
Administrator at the same address.

SUPPLEMENTARY INFORMATION: 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. This interim 
final rule was subsequently extended for 180 days (63 FR 51862, 
September 29, 1998) and on March 29, 1999, Amendment 7 to the FMP (64 
FR 14835) 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. 
To address the concern that these scallops will be vulnerable to high 
fishing pressure upon the re-opening of the closed areas on March 1, 
2001, the New England Fishery Management Council (Council) is currently 
developing Framework Adjustment 14 to the FMP, which includes 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. NMFS 
published a proposed rule for this action on December 1, 2000 (65 FR 
75232) and no comments were received in response to the request for 
comments. Further details concerning the justification for this interim 
final rule were provided in the preamble to the proposed rule and are 
not repeated here.
    This interim final rule will 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 (Magnuson-Stevens Act) and may be extended for an 
additional 180-day period.

Classification

    The need to implement these measures in a timely manner to prevent 
overfishing and reduce the likelihood of long-term productivity losses 
and more severe restrictions in the future, constitutes good cause 
under 5 U.S.C. 553(d)(3) to delay for 15 days, rather than 30 days, the 
effectiveness of this interim final rule.
    This interim final rule has been determined to be not significant 
for purposes of Executive Order 12866.
    NMFS prepared an FRFA as part of a regulatory impact review (RIR) 
that describes the economic impact this action, if adopted, would have 
on small entities. A copy of the FRFA is available from NMFS (see 
ADDRESSES). A summary of the FRFA follows:
    A description of the reasons why action by the agency is being 
taken and the objectives of this interim final rule are explained in 
the preamble to the proposed rule and are not repeated here. This 
action does not contain any collection-of-information, reporting, 
recordkeeping or other compliance requirements. This action is taken 
under authority of the Magnuson-Stevens Fishery Act and regulations at 
50 CFR part 648.
    There were no public comments submitted in response to the initial 
regulatory flexibility analysis (IRFA). No changes were made from the 
proposed rule.
    The FRFA considers 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. In addition, 2,095 permits were issued to vessels in the open 
access General Category.
    The alternative implemented by this interim final rule is expected 
to minimize negative economic impacts on

[[Page 9679]]

small entities, particularly in the long term, while achieving the 
conservation goals and overall objectives of the FMP.
    NMFS considered 3 alternatives for action with respect to the 
Hudson Canyon South and Virginia Beach Closed Areas. The alternative to 
implement a controlled access program for the two closed areas was 
rejected because NMFS determined that it is not feasible to implement 
an area access program by March 1, 2001, due to the time constraints of 
developing such an action. Analysis of the action was, therefore, not 
completed. Two other alternatives were analyzed: Re-opening the areas 
on March 1, 2001, without control (no action); and extending the 
closures through the interim final rule for a period of 180 days or 
until a controlled access program is implemented (proposed action). 
NMFS selected the proposed action for 180 days from March 1, 2001, or 
until Framework 14 can be implemented (currently estimated to be May 
2001), whichever is sooner, because it would prevent overfishing and 
would be more likely to achieve the goals of the FMP to maximize, over 
time, the joint social and economic benefits from harvesting and use of 
the sea scallop resource. 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 and 
NMFS. Vessels will be able to fish their days-at-sea (DAS) allocation 
outside of the closed areas. 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 through 
Framework 14 for the remainder of 2001 and by future recruitment of 
scallops. Without the proposed action, the most likely outcome would be 
that Framework 14 would need to implement measures that would prevent 
further access to these closed areas during 2001 because vessels would 
have exceeded the target fishing mortalities and total allowable catch 
by the time Framework 14 becomes effective. Therefore, the no-action 
alternative would likely reduce long-term economic benefits. Under this 
alternative, overfishing may 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 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 interim 
final 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.

    Dated: February 5, 2001.
William T. Hogarth,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set forth 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. Section 648.57 is added to read as follows:


Sec. 648.57   Closed areas.

    (a) Hudson Canyon South Closed Area. No vessel may fish for, 
possess, or retain sea scallops in or from the area known as the Hudson 
Canyon South Closed Area. No vessel may 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). 
Vessels fishing in this closed area for species other than scallops 
must stow scallop dredge gear in accordance with the provisions of 
Sec. 648.23(b). The Hudson Canyon South Closed Area is defined by 
straight lines connecting the following points in the order stated:

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                     Point                        Latitude    Longitude
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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.
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    (b) Virginia Beach Closed Area. No vessel may fish for, possess, or 
retain sea scallops in or from the area known as the Virginia Beach 
Closed Area. No vessel may 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). Vessels 
fishing in the closed area for species other than scallops must stow 
scallop dredge gear in accordance with the provisions of 
Sec. 648.23(b). The Virginia Beach Closed Area is defined by straight 
lines connecting the following points in the order stated:

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                     Point                        Latitude    Longitude
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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.
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[FR Doc. 01-3387 Filed 2-8-01; 8:45 am]
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