[Federal Register Volume 69, Number 11 (Friday, January 16, 2004)]
[Proposed Rules]
[Pages 2561-2562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1012]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[I.D. 011204A]
RIN 0648-AN16


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Atlantic Sea 
Scallop Fishery; Amendment 10 to the Atlantic Sea Scallop Fishery 
Management Plan

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

ACTION: Notice of availability of a fishery management plan amendment; 
request for comments.

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SUMMARY: NMFS announces that the New England Fishery Management Council 
(Council) has submitted Amendment 10 to the Atlantic Sea Scallop 
Fishery Management Plan (FMP) (Amendment 10) incorporating the draft 
Final Supplemental Environmental Impact Statement (FSEIS), Regulatory 
Impact Review (RIR), and the Initial Regulatory Flexibility Analysis 
(IRFA), for Secretarial review and is requesting comments from the 
public. Amendment 10 would establish a long-term, comprehensive program 
to manage the Atlantic sea scallop fishery through an area rotation 
management program to maximize scallop yield. Amendment 10 evaluates 
and proposes measures to minimize the adverse effects of fishing on 
Essential Fish Habitat (EFH), in accordance with the Joint Stipulation 
and Order in the American Oceans Campaign et al. v Evans et al. (Civil 
Case Number 99-982 (GK)) (Joint Stipulation and Order). In addition to 
the area rotation program, Amendment 10 includes a suite of management 
measures intended to make the management program more effective, 
efficient, and flexible.

DATES: Comments must be received on or before March 15, 2004.

ADDRESSES: Comments on the FMP and other incorporated documents listed 
below should be sent to Patricia A. Kurkul, Regional Administrator, 
NMFS, Northeast Regional Office, One Blackburn Drive, Gloucester, MA 
01930. Mark the outside of the envelope, ``Comments on Atlantic Sea 
Scallop Amendment 10.'' Comments may also be sent via facsimile (fax) 
to (978) 281-9135. Comments will not be accepted if submitted via e-
mail or the Internet.
    Copies of Amendment 10, the draft Final Supplemental Environmental 
Impact Statement (FSEIS), Regulatory Impact Review (RIR), and the 
Initial Regulatory Flexibility Analysis (IRFA) are available from Paul 
J. Howard, Executive Director, New England Fishery Management Council, 
50 Water Street, Newburyport, MA 01950. These documents are also 
available online at http://www.nefmc.org.

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

SUPPLEMENTARY INFORMATION: A notice of availability for the Draft 
Supplemental Environmental Impact Statement (DSEIS) for Amendment 10 
was published in the Federal Register on April 18, 2003 (68 FR 19206). 
The public was given 90 days to comment on the DSEIS, in accordance 
with the EFH Settlement Agreement. After considering all comments on 
the DSEIS, the Council adopted the final measures to be included in 
Amendment 10 at its August 13-14, and September 16-17, 2003, meetings 
and voted to submit the Amendment 10 document, including the FSEIS, to 
NMFS.
    Amendment 10 is intended to establish a long-term, comprehensive 
program to manage the sea scallop fishery through an area rotation 
management program to maximize scallop yield. Area rotation would close 
and re-open areas based on the condition and size of the scallop 
resource in discrete areas. Area-based management has been used in the 
FMP since 1998, with controlled access to the Georges Bank and southern 
New England groundfish closed areas and the Hudson Canyon and Virginia 
Beach scallop closed areas. Amendment 10 evaluates and includes 
measures to minimize the adverse effects of fishing on EFH, in 
accordance with the Joint Stipulation and Order. Amendment 10 also 
proposes the following management measures: Initial area rotation 
closed area, a controlled access area; area specific days-at-sea (DAS) 
for the area rotation program; DAS allocations for the 2004 and 2005 
fishing years; an increase in the minimum ring size for scallop dredge 
gear; an increase in the minimum twine top mesh size for scallop 
dredges; a new possession limit restriction for limited access scallop 
vessels fishing outside of DAS; set-asides of total allowable catch 
(TAC) and DAS to pay for scallop resource and fishery-related research;

[[Page 2562]]

set-asides of TAC and DAS to help defray the cost of at-sea observers; 
a new biennial framework process; and a process to address interactions 
between the scallop fishery and species protected under the Endangered 
Species Act.
    Public comments are being solicited on Amendment 10 and its 
incorporated documents through the end of the comment period stated in 
this notice of availability. A proposed rule that would implement 
Amendment 10 may be published in the Federal Register for public 
comment, following NMFS' evaluation of the proposed rule under the 
procedures of the Magnuson-Stevens Fishery Conservation and Management 
Act. Public comments on the proposed rule must be received by the end 
of the comment period provided in this notice of ability of Amendment 
10 to be considered in the approval/disapproval decision on the 
amendment. All comments received by March 15, 2004, whether 
specifically directed to Amendment 10 or the proposed rule, will be 
considered in the approval/disapproval decision on Amendment 10. 
Comments received after that date will not be considered in the 
decision to approve or disapprove Amendment 10.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: January 13, 2004.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Office.
[FR Doc. 04-1012 Filed 1-15-04; 8:45 am]
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