[Federal Register Volume 78, Number 138 (Thursday, July 18, 2013)]
[Rules and Regulations]
[Pages 42890-42891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17270]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 121129661-3591-03]
RIN 0648-BC81


Fisheries of the Northeastern United States; Atlantic Sea Scallop 
Fishery and Northeast Multispecies Fishery; Framework Adjustment 24 and 
Framework Adjustment 49; Correction

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

ACTION: Correcting amendment.

-----------------------------------------------------------------------

SUMMARY: This action contains corrections and clarifications to the 
final rule implemented through Joint Framework Adjustment 24 to the 
Scallop Fishery Management Plan and Framework Adjustment 49 to the 
Northeast Multispecies Fishery Management Plan (Joint Framework 24/49), 
which published in the Federal Register on May 9, 2013. Following 
publication, NMFS identified certain provisions of the implementing 
regulations for Joint Framework 24/49 that needed correcting or 
clarification. Specifically, this correcting amendment makes 
corrections pertaining to the scallop fishery's default 2014 fishing 
year days-at-sea allocation for full-time vessels so that the 
allocation in the regulations is as intended by Joint Framework 24/49 
(i.e., currently this allocation is greater than specified through the 
preambles to the proposed and final rules). In addition, this amendment 
makes corrections to the observer call-in requirements for scallop 
limited access general category individual fishing quota vessels when 
fishing in open areas so that vessel owners and operators are clear on 
when they are required to call into the industry-funded observer 
program.

DATES: Effective July 18, 2013.

FOR FURTHER INFORMATION CONTACT: Emily Gilbert, Fishery Policy Analyst, 
978-281-9244; fax 978-281-9135.

SUPPLEMENTARY INFORMATION:

Background

    On May 9, 2013, the final rule for Joint Framework 24/49 published 
in the Federal Register (78 FR 27088). The primary purpose of Joint 
Framework 24/49, developed by the New England Fishery Management 
Council (Council), was to set specifications for the scallop fishery, 
including days-at-sea (DAS), individual fishing quota (IFQ), and sea 
scallop access area trip allocations for fishing year (FY) 2013 and FY 
2014 (default allocations). This action also made other adjustments to 
the Scallop FMP, including revisions to the industry-funded observer 
program for limited access general category (LAGC) IFQ vessels. This 
action was a joint framework with the Northeast Multispecies Fishery 
Management Plan (FMP) (i.e., Framework 49) because it adjusted the 
Georges Bank scallop access area seasonal closure schedules, which 
changed exemptions to areas closed to fishing specified in the 
Northeast Multispecies FMP.

Need for Correction

    After publication of the final rule implementing Joint Framework 
24/49, NMFS identified certain provisions that needed correcting or 
clarification. This rule makes these corrections and clarifications.

Correction

    This action revises the table at Sec.  648.53(b)(4) to correctly 
reference the FY 2014 DAS allocation for full-time vessels. Although 
the preambles in both the proposed and final rules correctly state the 
FY 2014 DAS allocations outlined in Joint Framework 24/49, the table in 
the final rule inadvertently included a higher full-time vessel DAS 
allocation for FY 2014 (i.e., 26 DAS instead of 23 DAS).
    This action also revises the regulatory text at Sec.  648.11(g) and 
the definition for scallop open areas at Sec.  648.2 to clarify the 
industry-funded observer program call-in requirements for scallop LAGC 
IFQ vessels when fishing in open areas. Joint Framework 24/49 broadened 
the industry-funded observer program to include LAGC IFQ open area 
trips (previously, the program only applied to access area trips for 
this portion of the scallop industry). However, Joint Framework 24/49 
inadvertently implemented ambiguous regulatory language that did not 
fully clarify that this broadening of the industry-funded observer 
program did not include vessels fishing in the Northern Gulf of Maine 
(NGOM) management area (i.e., the NGOM should not be considered part of 
scallop open areas). The Council designated the NGOM as a distinct 
management area through Amendment 11 to the Scallop FMP (73 FR 20090; 
April 14, 2008). Very few IFQ vessels fish in the NGOM management area, 
but when they do, they must fish under the regulations set for NGOM-
permitted vessels. NGOM-permitted vessels are not part of the industry-
funded observer program and NMFS covers the costs for these observed 
trips. This action clarifies the intent of both Joint Framework 24/49 
and Amendment 11 by stating that the NGOM is not part of the scallop 
open areas, and, as such, that LAGC IFQ vessels fishing in the NGOM are 
not subject to the call-in requirements for the industry-funded 
observer program.

Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for 
Fisheries, NOAA, finds good cause to waive prior notice and opportunity 
for public comment for this action because any delay of this action 
would be unnecessary and contrary to the public interest. This 
correcting amendment includes revisions that reflect the measures 
detailed in the preamble of the proposed rule for Joint Framework 24/
49, for which the opportunity for public comment was already given. The 
revision to the full-time vessel DAS allocation table, while it reduces 
the DAS, was correctly described in the preamble to the proposed and 
final rule. The revision is therefore one that could have been 
anticipated. Such a reduction is needed in order to ensure that the DAS 
allocations specified at the start of FY 2014 will not be set at a 
level that could result in overharvest of the scallop resource. The 
Council is currently developing the formal FY 2014 specifications 
through Framework 25, which, if approved, would be implemented by May 
2014 (i.e., 2 months after the start of FY 2014). The default FY 2014 
specifications set through Joint Framework 24/49 are intended to allow 
for open area fishing at the start of FY 2014, but not at a level that 
would exceed the final Framework 25 allocations. No public comments 
were received on the FY 2014 DAS default allocations. The clarification 
of changes to the industry-funded call-in requirements make only minor, 
non-substantive changes in order to clarify the regulations. No public 
comments were received regarding the inclusion of LAGC IFQ open area 
trips as part of the industry-funded observer program. Delay in 
implementing the clarification to the industry-funded call-in 
requirements is contrary to the public interest because LAGC IFQ vessel

[[Page 42891]]

operators are currently confused about whether or not they are required 
to call the industry-funded observer program when fishing in the NGOM. 
Implementing this clarification will alleviate unnecessary confusion.
    Moreover, pursuant to 5 U.S.C. 553(d), the Assistant Administrator 
finds good cause to waive the 30-day delay in effective date for the 
reasons given above. These revisions make only minor, non-substantive 
changes and do not change operating practices in the fishery.
    Because prior notice and opportunity for public comment are not 
required for this rule by 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.
    This final rule is exempt from review under Executive Order 12866.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: July 15, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.

    Accordingly, 50 CFR part 648 is corrected by making the following 
correcting amendments:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

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

0
2. In Sec.  648.2, the definition for ``open areas'' is revised to read 
as follows:


Sec.  648.2  Definitions.

* * * * *
    Open areas, with respect to the Atlantic sea scallop fishery, means 
any area that is not subject to restrictions of the Sea Scallop Access 
Areas specified in Sec. Sec.  648.59 and 648.60, Rotational Closed 
Areas specified in Sec.  648.58, EFH Closed Areas specified in Sec.  
648.61, or the Northern Gulf of Maine Management Area specified in 
Sec.  648.62.
* * * * *

0
3. In Sec.  648.11, paragraph (g)(2)(ii) and the introductory text to 
paragraph (g)(5) are revised to read as follows:


Sec.  648.11  At-sea sea sampler/observer coverage.

* * * * *
    (g) * * *
    (2) * * *
    (ii) LAGC IFQ vessels. LAGC IFQ vessel owners, operators, or 
managers must notify the NMFS/NEFOP by telephone by 0001 hr of the 
Thursday preceding the week (Sunday through Saturday) that they intend 
to start any open area or access area scallop trip and must include the 
port of departure, open area or specific Sea Scallop Access Area to be 
fished, and whether fishing as a scallop dredge, scallop trawl vessel. 
If selected, up to two trips that start during the specified week 
(Sunday through Saturday) can be selected to be covered by an observer. 
NMFS/NEFOP must be notified by the owner, operator, or vessel manager 
of any trip plan changes at least 48 hr prior to vessel departure.
* * * * *
    (5) Owners of scallop vessels shall be responsible for paying the 
cost of the observer for all scallop trips on which an observer is 
carried onboard the vessel, regardless of whether the vessel lands or 
sells sea scallops on that trip, and regardless of the availability of 
set-aside for an increased possession limit or reduced DAS accrual 
rate. The owners of vessels that carry an observer may be compensated 
with a reduced DAS accrual rate for open area scallop trips or 
additional scallop catch per day in Sea Scallop Access Areas or 
additional catch per open area or access area trip for LAGC IFQ trips 
in order to help defray the cost of the observer, under the program 
specified in Sec. Sec.  648.53 and 648.60.
* * * * *

0
3. In Sec.  648.53, the introductory text to paragraph (b)(4) is 
revised to read as follows:


Sec.  648.53  Acceptable biological catch (ABC), annual catch limits 
(ACL), annual catch targets (ACT), DAS allocations, and individual 
fishing quotas (IFQ).

* * * * *
    (b) * * *
    (4) Each vessel qualifying for one of the three DAS categories 
specified in the table in this paragraph (b)(4) (full-time, part-time, 
or occasional) shall be allocated the maximum number of DAS for each 
fishing year it may participate in the open area limited access scallop 
fishery, according to its category, excluding carryover DAS in 
accordance with paragraph (d) of this section. DAS allocations shall be 
determined by distributing the portion of ACT specified in paragraph 
(a)(3)(ii) of this section, as reduced by access area allocations 
specified in Sec.  648.59, and dividing that amount among vessels in 
the form of DAS calculated by applying estimates of open area LPUE 
specified in paragraph (b)(1) of this section. Allocation for part-time 
and occasional scallop vessels shall be 40 percent and 8.33 percent of 
the full-time DAS allocations, respectively. The annual open area DAS 
allocations for each category of vessel for the fishing years indicated 
are as follows:

                    Scallop Open Area DAS Allocations
------------------------------------------------------------------------
                    Permit category                       2013     2014
------------------------------------------------------------------------
Full-Time.............................................      33       23
Part-Time.............................................      13        9
Occasional............................................       3        2
------------------------------------------------------------------------

* * * * *
[FR Doc. 2013-17270 Filed 7-17-13; 8:45 am]
BILLING CODE 3510-22-P