[Federal Register Volume 66, Number 169 (Thursday, August 30, 2001)]
[Rules and Regulations]
[Pages 45784-45785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21952]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 010410087-1087-01; I.D. 031401B]
RIN 0648-AO07


Fisheries of the Northeastern United States; Atlantic Sea Scallop 
Fishery; Framework Adjustment 14; Correction

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

ACTION: Final rule; correction.

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SUMMARY: On May 11, 2001, NMFS published final regulations implementing 
Framework 14 to the Atlantic Sea Scallop Fishery Management Plan (FMP). 
One of the measures implemented in the final rule was the continuation 
of the Hudson Canyon South and Virginia Beach Area closures originally 
implemented in 1998 and extended through August 8, 2001, through an 
interim final rule published on February 9, 2001. In the final rule 
implementing Framework 14, NMFS intended to extend the Mid-Atlantic 
closures through February 28, 2003, to scallop fishing with the 
exception of those vessels participating in the Sea Scallop Area Access 
Program. However, NMFS inadvertently only amended the regulatory text, 
which then expired on August 8, 2001. This document corrects those 
errors.

DATES: Effective May 1, 2001.

FOR FURTHER INFORMATION CONTACT: Peter W. Christopher, Fishery Policy 
Analyst, 978-281-9280; fax 978-281-9135; e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    On March 31, 1998, NMFS published an interim final rule (63 FR 
15324) closing two Mid-Atlantic areas, the Hudson Canyon South and 
Virginia Beach Sea Scallop Closed Area, to scallop fishing to protect 
concentrations of juvenile scallops, to reduce fishing mortality, and 
to increase yield per recruit. The interim rule became effective from 
April 3, 1998, and was extended through March 26, 1999 (63 FR 51862, 
September 29, 1998). On March 29, 1999, NMFS published a final rule 
implementing Amendment 7 to the Atlantic Sea Scallop FMP. Under 
Amendment 7 and its implementing regulations, the two Mid-Atlantic area

[[Page 45785]]

closures were extended through March 1, 2001. On February 9, 2001, NMFS 
issued an interim final rule extending the closures of the Mid-Atlantic 
closed areas on an interim basis for 180 days (i.e., August 8, 2001) or 
until such time that a controlled area access program for these two 
areas could be implemented through Framework 14 to the Atlantic Sea 
Scallop FMP, whichever came sooner. On May 1, 2001, NMFS published a 
final rule (66 FR 21639) implementing Framework 14. However, because 
this rule contained numerous errors, the document was reprinted in its 
entirety on May 11, 2001 (66 FR 24052). The final rule implementing 
Framework 14 became effective on May 1, 2001. That final rule amended 
portions of Sec.  648.57, Closed and regulated areas. However, Sec.  
648.57 was scheduled to expire on August 8, 2001, and, therefore, the 
``amendments'' to Sec.  648.57 implemented under Framework 14 also 
inadvertently expired on August 8, 2001. NMFS is correcting amendatory 
instruction 6 of the final rule implementing Framework 14 by ``adding'' 
Sec.  648.57 to 50 CFR part 648 and is publishing the regulatory text 
for this section in its entirety.

Need for Correction

    As published, the final regulations published on May 11, 2001 (66 
FR 24052) contain errors which may prove to be misleading and are in 
need of clarification.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: August 23, 2001.
John Oliver
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 648 is 
corrected 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 and regulated areas.

    (a) Hudson Canyon Sea Scallop Access Area. Through February 28, 
2003, except as provided in Secs.  648.52 and 648.58, no vessel may 
fish for scallops in or land scallops from the area known as the Hudson 
Canyon Sea Scallop Access Area, and no vessel may possess scallops in 
the Hudson Canyon Sea Scallop Access Area, unless such vessel is only 
transiting the area with all fishing gear unavailable for immediate use 
as defined in Sec.  648.23(b), or, there is a compelling safety reason 
to be in such areas without all such gear being unavailable for 
immediate use. The Hudson Canyon Sea Scallop Access Area (copies of a 
chart depicting this area are available from the Regional Administrator 
upon request) 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 Sea Scallop Access Area. Through February 28, 
2003, except as provided in Secs.  648.52 and 648.58, no vessel may 
fish for scallops in or land scallops from the area known as the 
Virginia Beach Sea Scallop Access Area, and no vessel may possess 
scallops in the Virginia Beach Sea Scallop Access Area, unless such 
vessel is only transiting the areas with all fishing gear unavailable 
for immediate use as defined in Sec.  648.23(b), or, there is a 
compelling safety reason to be in such areas without all such gear 
being unavailable for immediate use. The Virginia Beach Sea Scallop 
Access Area (copies of a chart depicting this area are available from 
the Regional Administrator upon request) 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. 01-21952 Filed 8-29-01; 8:45 am]
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