Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery and Northeast Multispecies Fishery; Framework 16 and Framework 39, 2821-2824 [05-927]
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Federal Register / Vol. 70, No. 11 / Tuesday, January 18, 2005 / Rules and Regulations
and removing the prohibition on the
harvest, possession, and landing of GB
yellowtail flounder by all NE
multispecies vessels within the entire
U.S./Canada Management Area,
effective January 14, 2005. In addition,
this action removes the previous daily
poundage limits for GB yellowtail
flounder and GB cod for the entire U.S./
Canada Management Area and the
Eastern U.S./Canada Area, respectively,
and reinstates the 15,000 lb (6,804 kg)
and 5,000 lb (2,268 kg) trip limit for GB
yellowtail flounder and GB cod,
respectively, consistent with ensuring
that the TACs for these species will not
be exceeded by the end of the 2004
fishing year. Removal of the daily
poundage limits for these species
provides flexibility to the fishing
industry by allowing vessels that may
need to end their trip prematurely due
to an unexpected event, such as poor
weather conditions, with the ability to
retain their catch onboard when
entering port (catches of species with
daily poundage caps must be offloaded
when a vessel enters port). The overall
trip limits will help ensure that the
mortality goals of the FMP are met.
Additionally, trawl vessels fishing in
the Eastern U.S./Canada Area may only
fish with a haddock separator net, as
described in § 648.85(a)(3)(iii)(A), for
the purposes of reducing bycatch of
both GB cod and GB yellowtail flounder
to allow greater access to the remaining
GB haddock TAC for the rest of the
fishing year.
Yellowtail flounder landings will be
closely monitored through VMS and
other available information and, once
100 percent of the TAC allocation for
GB yellowtail flounder is projected to be
harvested, the Eastern U.S./Canada Area
will be closed to NE multispecies DAS
vessels and the harvesting, possession,
and landing of yellowtail flounder by
NE multispecies vessels in the U.S./
Canada Management Area will be
prohibited, in accordance with the
regulations § 648.85(a)(3)(iv)(C)(3).
Classification
This action re-opens the Eastern U.S./
Canada Area to the harvest of GB
yellowtail flounder, and essentially
restores access to this area with similar
restrictions before the closure by
removing a prohibition on the
possession of GB yellowtail flounder in
the U.S./Canada Management Area in
order to allow vessels to fully harvest
the TAC of GB yellowtail flounder. If
implementation of this action is
delayed, NMFS could be prevented from
permitting the full harvest of the GB
yellowtail flounder stock, GB cod, and
GB haddock TACs. The directed harvest
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of the GB yellowtail flounder stock
began on May 1, 2004, and additional
fishing opportunity on the stock was
provided as of June 1, 2004, with the
opening of the Closed Area II Yellowtail
Flounder Special Access Program (SAP).
If a proposed rule for this action, or
delay in effectiveness were required,
access to the Eastern U.S./Canada Area,
as well as the ability to harvest
yellowtail flounder from within the
entire U.S./Canada Management Area,
would be delayed and would create an
unnecessary burden on the industry. For
the above reason, under 5 U.S.C.
553(b)(3), proposed rulemaking is not
necessary because it would be contrary
to the public interest. Furthermore,
because this rule relieves a restriction,
there is good cause under 5 U.S.C
553(d)(3) to waive the 30–day delayed
effectiveness period for this action.
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 12, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 05–926 Filed 1–12–05; 4:30 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 040809233–4363–03; I.D.
080304B]
RIN 0648–AR55
Fisheries of the Northeastern United
States; Atlantic Sea Scallop Fishery
and Northeast Multispecies Fishery;
Framework 16 and Framework 39
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS publishes this final
rule to implement measures previously
approved, but not implemented under
Framework 16 to the Atlantic Sea
Scallop Fishery Management Plan
(Scallop FMP) and Framework 39 to the
Northeast Multispecies FMP
(Multispecies FMP) (Joint Frameworks).
The implementation of these measures
was delayed, pending approval of
reporting and recordkeeping
requirements by the Office of
Management and Budget (OMB). This
SUMMARY:
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2821
final rule allows general category
scallop vessels to fish in the Northeast
(NE) multispecies closed area access
program implemented as part of the
Joint Frameworks, provided that they
comply with new recordkeeping and
reporting requirements. OMB has
approved the reporting and
recordkeeping requirements for vessels
with general category scallop permits, as
required under the Paperwork
Reduction Act (PRA).
DATES: Effective February 17, 2005.
ADDRESSES: Copies of the Joint
Frameworks, their Regulatory Impact
Review (RIR), including the Initial
Regulatory Flexibility Analysis (IRFA),
and the Environmental Assessment (EA)
are available on request from Paul J.
Howard, Executive Director, New
England Fishery Management Council,
50 Water Street, Newburyport, MA
01950. These documents are also
available online at https://
www.nefmc.org. NMFS prepared a Final
Regulatory Flexibility Analysis (FRFA),
which is contained in the Classification
section of the preamble of this rule.
Copies of the FRFA and the Small Entity
Compliance Guide are available from
the Regional Administrator, Northeast
Regional Office, NMFS, One Blackburn
Drive, Gloucester, MA 01930–2298, and
are also available via the internet at
https://www.nero.nmfs.gov.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this final rule
should be submitted to Patricia A.
Kurkul, Regional Administrator, NMFS,
Northeast Regional Office, One
Blackburn Drive, Gloucester, MA,
01930, and by e-mail to
DavidlRostker@omb.eop.gov, or to the
Federal e-rulemaking portal https://
www.regulations.gov, or fax to (202)
395–7285.
FOR FURTHER INFORMATION CONTACT:
Peter W. Christopher, Fishery Policy
Analyst, 978–281–9288; fax 978–281–
9135.
SUPPLEMENTARY INFORMATION:
Background
The final rule for the Joint
Frameworks (69 FR 63460, November 2,
2004) established Scallop Access Areas
within NE multispecies Closed Area I
(CAI), Closed Area II (CAII), and the
Nantucket Lightship Closed Area
(NLCA). The NE multispecies closed
areas are closed year-round to all fishing
that is capable of catching NE
multispecies, including scallop fishing.
The Joint Frameworks allowed the
scallop fishery to access the scallop
resource within portions of the NE
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multispecies closed areas during
specified seasons, and ensure that NE
multispecies catches by scallop vessels
are consistent with the Multispecies
FMP. The Joint Frameworks also revised
the Essential Fish Habitat (EFH) closed
areas implemented under Amendment
10 to the Scallop FMP in order to make
the areas consistent with the EFH
closures under the Multispecies FMP, as
established by Amendment 13 to the
Multispecies FMP.
A proposed rule including the
management measures for general
category scallop vessel access was
published on August 26, 2004 (69 FR
52470). Several comments related to the
measures for general category scallop
vessel access to NE multispecies closed
areas were submitted in response to the
proposed rule. These comments and
their responses were included in the
November 2, 2004, final rule for the
Joint Frameworks. Detailed
descriptions, justifications, and
summary of impacts of all of the
management measures, including
general category scallop vessel access to
the NE multispecies closed areas, were
included in that final rule and are not
repeated here. The measures allowing
general category vessel access to the NE
multispecies closed areas were not
made effective upon publication of the
November 2, 2004, final rule because
NMFS had not received OMB approval
of the reporting and recordkeeping
requirements associated with these
provisions, and because owners of
general category scallop vessels required
time to prepare for the new
requirements. Since the reporting and
recordkeeping requirements have been
approved by OMB, general category
scallop vessels are now subject to the
following restrictions when fishing in
the NE multispecies closed areas:
a. A possession limit of 400 lb (181.4
kg) of shucked, or 50 U.S. bushels (17.6
hL) of in-shell scallops per trip.
b. A set-aside TAC for general
category vessels, equal to 2 percent of
the overall scallop TAC for each Scallop
Access Area, requiring general category
vessels to stop fishing in the specific
scallop Access Area once the set-aside
TAC is reached. The general category
set-aside TACs for 2004, 2005, and
2006, are as follows: (1) 2004; 167,904
lb (76 mt) in CAII and 154,368 lb (70 mt)
in NLCA; (2) 2005; 64,860 lb (29 mt) in
CAI and 153,971 lb (70 mt) in CAII; and
(3) 2006; 56,482 lb (26 mt) in CAI and
135,937 lb (62 mt) in NLCA.
c. A limit on the number of trips that
the general category fleet can take into
the Scallop Access Areas, requiring
general category vessels to stop fishing
in the specific scallop Access Area once
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the total number of allowed trips is
reached. The limits on the number of
trips general category vessels may take
for 2004, 2005, and 2006, are as follows:
(1) 2004; 420 trips in CAII and 386 trips
in NLCA; (2) 2005; 162 trips in CAI and
385 trips in CAII; and (3) 2006; 141 trips
in CAI and 340 trips in NLCA.
d. A requirement to install and use a
NMFS-certified vessel monitoring
system (VMS) in order to notify NMFS
when a vessel plans to fish in a Scallop
Access Area.
e. A prohibition on retaining or
landing NE multispecies, with a
requirement to report all catch of
yellowtail flounder, including discards,
so that it can be counted against the
yellowtail flounder TAC for the scallop
fishery. This restriction is consistent
with the provisions for general category
vessels fishing in other exempted
fisheries under the Multispecies FMP.
f. A requirement to carry at-sea
observers when requested.
g. VMS reporting of scallop and
yellowtail catch to monitor fishery
activity and bycatch. (These
requirements are also required of
limited access scallop vessels).
h. A requirement that scallop dredge
gear used within a Scallop Access Area
be constructed with rings with a
minimum diameter of 4 inches (10.2
cm) (Amendment 10 imposed this
requirement for General category vessels
fishing in open areas, but delayed the
implementation of the requirement until
December 23, 2004). Dredge width for
general category vessels cannot exceed
10.5 ft (3.2 m).
Classification
The Regional Administrator,
Northeast Region, NMFS (RA)
determined that the framework
adjustments implemented by this final
rule are necessary for the conservation
and management of the Atlantic sea
scallop fishery and the NE multispecies
fishery and are consistent with the
Magnuson-Stevens Fishery
Conservation and Management Act and
other applicable law.
The measures implemented under the
Joint Frameworks, including general
category scallop vessel access to the NE
multispecies closed areas, has been
determined to be not significant for
purposes of Executive Order 12866.
NMFS, pursuant to section 604 of the
Regulatory Flexibility Act (RFA),
prepared a FRFA in support of the Joint
Frameworks, which was included in the
November 2, 2004, final rule
implementing the Joint Frameworks.
The FRFA described the economic
impact that this final rule, along with
other non-preferred alternatives, will
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have on small entities, including general
category scallop vessels effected by this
action. The contents of the FRFA and
the incorporated documents (the IRFA,
the RIR, and the EA) are not repeated
here, and a copy of these documents is
available upon request (see ADDRESSES).
Small Entity Compliance Guide
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as ‘‘small entity
compliance guides.’’ The agency shall
explain the actions a small entity is
required to take to comply with a rule
or group of rules. As part of this
rulemaking process, a small entity
compliance guide was prepared. The
guide will be sent to all holders of
general category scallop permits issued
for the scallop fishery. In addition,
copies of this final rule and guide (i.e.,
permit holder letter) are available from
the RA and are also available from
NMFS, Northeast Region (see
ADDRESSES).
This final rule contains new
collection-of-information requirements
approved by OMB under the PRA.
These new requirements apply to
general category vessels only (the
requirements already exist for other
scallop vessels). Public reporting burden
for these collections of information are
estimated to average as follows:
1. Purchase and installation of VMS
units, OMB #0648–0491 (1 hr per
response);
2. Verification of VMS units, OMB
#0648–0491 (0.083 hr per response);
3. Daily reporting via VMS without an
at-sea observer on board, OMB #0648–
0491 (0.17 hr per response);
4. Daily reporting via VMS with an atsea observer on board, OMB #0648–
0491 (0.17 hr per response);
5. VMS notification of intent to fish
on the 25th of the month preceding the
intended trip, OMB #0648–0491 (0.033
hr per response);
6. VMS notification of scheduled
Access Area trip 72 hr prior to
departure, OMB #0648–0491 (0.033 hr
per response);
7. VMS notification of trip 1 hr prior
to departure, OMB #0648–0491 (0.033
hr per response);
8. Polling of VMS units twice per
hour, OMB #0648–0491 (0.0014 hr per
response).
These estimates include the time for
reviewing instructions, searching
existing data sources, gathering and
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Federal Register / Vol. 70, No. 11 / Tuesday, January 18, 2005 / Rules and Regulations
maintaining the data needed, and
completing and reviewing the collection
information.
Public comment is sought regarding:
Whether this collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; the accuracy of the
burden estimate; ways to enhance the
quality, utility, and clarity of the
information to be collected; and ways to
minimize the burden of the collection of
information, including through the use
of automated collection techniques or
other forms of information technology.
Send comments on these or any other
aspects of the collection of information
to NMFS and to OMB (see ADDRESSES).
Notwithstanding any other provision
of the law, no person is required to
respond to, and no person shall be
subject to penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB control number.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
Dated: January 11, 2005.
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
For the reasons set out in the preamble,
50 CFR part 648 is amended as follows:
I
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
I
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.10, paragraph (b)(1)(iv) is
revised to read as follows:
I
§ 648.10
DAS notification requirements.
*
*
*
*
*
(b) * * *
(1) * * *
(iv) A scallop vessel issued a general
category scallop permit when fishing
under the Sea Scallop Area Access
Program specified under § 648.60 and in
the Sea Scallop Access Areas described
in § 648.59(b) through (d);
*
*
*
*
*
I 3. In § 648.59, paragraphs (b)(5)(ii)(A),
(c)(5)(ii)(A), and (d)(5)(ii)(A) are revised
to read as follows:
§ 648.59
*
Sea Scallop Access Areas.
*
*
(b) * * *
(5) * * *
(ii) * * *
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*
*
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(A) Except as provided in paragraph
(b)(5)(ii)(B) of this section, subject to the
possession limit specified in
§§ 648.52(b) and 648.60(a)(5), and
subject to the seasonal restrictions
specified in paragraph (b)(4) of this
section, a vessel issued a general
category scallop permit may not enter
in, or fish for, possess, or land sea
scallops in or from the Closed Area I
Access Area once the Regional
Administrator has provided notification
in the Federal Register, in accordance
with § 648.60(a)(8), that 162 trips in the
2005 fishing year, and 141 trips in the
2006 fishing year, have been taken, in
total, by all general category scallop
vessels. The Regional Administrator
shall notify all general category scallop
vessels of the date when the maximum
number of allowed trips have been, or
are projected to be, taken for the 2005
and 2006 fishing years.
*
*
*
*
*
(c) * * *
(5) * * *
(ii) * * *
(A) Except as provided in paragraph
(c)(5)(ii)(B) of this section, subject to the
possession limits specified in
§§ 648.52(b) and 648.60(a)(5), and
subject to the seasonal restrictions
specified in paragraph (c)(4) of this
section, a vessel issued a general
category scallop permit may not enter
in, or fish for, possess, or land sea
scallops in or from the Closed Area II
Access Area once the Regional
Administrator has provided notification
in the Federal Register, in accordance
with § 648.60(a)(8), that 420 trips in the
2004 fishing year, and 385 trips in the
2006 fishing year, have been taken, in
total, by all general category scallop
vessels. The Regional Administrator
shall notify all general category scallop
vessels of the date when the maximum
number of allowed trips have been, or
are projected to be, taken for the 2004
and 2005 fishing years.
*
*
*
*
*
(d) * * *
(5) * * *
(ii) * * *
(A) Except as provided in paragraph
(d)(5)(ii)(B) of this section, subject to the
possession limits specified in
§§ 648.52(b) and 648.60(a)(5), a vessel
issued a general category scallop permit
may not enter in, or fish for, possess, or
land sea scallops in or from the
Nantucket Lightship Access Area once
the Regional Administrator has
provided notification in the Federal
Register, in accordance with
§ 648.60(a)(8), that 386 trips in the 2004
fishing year, and 340 trips in the 2006
fishing year, have been taken, in total,
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2823
by all general category scallop vessels.
The Regional Administrator shall notify
all general category scallop vessels of
the date when the maximum number of
allowed trips have been, or are projected
to be, taken for the 2004 and 2006
fishing years.
*
*
*
*
*
I 4. In § 648.60, paragraph (g) is revised
to read as follows:
§ 648.60 Sea scallop area access program
requirements.
*
*
*
*
*
(g) General category scallop vessels.
(1) A vessel issued a general category
scallop permit, except a vessel issued a
NE Multispecies permit and a general
category scallop permit that is fishing in
an approved SAP under § 648.85 under
multispecies DAS that has not enrolled
in the general category Access Area
fishery, may only fish in the Closed
Area I, Closed Area II, and Nantucket
Lightship Sea Scallop Access Areas
specified in § 648.59(b) through (d),
subject to the seasonal restrictions
specified in § 648.59(b)(4), (c)(4), and
(d)(4), and subject to the possession
limit specified in § 648.52(a), and
provided the vessel complies with the
requirements specified in paragraphs
(a)(1), (a)(2), (a)(6) through (a)(9), (d), (e),
(f), and (g) of this section, and
§ 648.85(c)(3)(ii). A vessel issued a NE
Multispecies permit and a general
category scallop permit that is fishing in
an approved SAP under § 648.85 under
multispecies DAS that has not enrolled
in the Sea Scallop Area Access program
as specified in paragraph (a)(2) of this
section is not subject to the restrictions
and requirements specified in
§ 648.59(b)(5)(ii), (c)(5)(ii), (d)(5)(ii), and
this paragraph (g).
(2) Gear restrictions. The combined
dredge width in use by, or in possession
on board, general category scallop
vessels fishing in the Access Areas
described in § 648.59(b) through (d) may
not exceed 10.5 ft (3.2 m), measured at
the widest point in the bail of the
dredge.
(3) Scallop TAC. General category
vessels fishing in the Access Areas
specified in § 648.59(b) through (d) are
authorized to land scallops, subject to
the possession limit specified in
§ 648.52(a), up to the amount allocated
to the scallop TACs for each Access
Area specified below. If the scallop TAC
for a specified Access Area has been, or
is projected to be harvested, the
Regional Administrator shall publish
notification in the Federal Register, in
accordance with the Administrative
Procedure Act, to notify general
category vessels that they may no longer
fish within the specified Access Area.
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(i) Closed Area I Access Area. 64,840
lb (29 mt) in 2005, and 56,482 lb (25.6
mt) in 2006.
(ii) Closed Area II Access Area.
167,904 (76 mt) in 2004, and 153,971 lb
(70 mt) in 2005.
(iii) Nantucket Lightship Access Area.
154,368 lb (70 mt) in 2004, and 135,937
lb (62 mt) in 2006.
(iv) Possession Limits—(A) Scallops.
A vessel issued a NE Multispecies
permit and a general category scallop
permit that is fishing in an approved
SAP under § 648.85 under multispecies
DAS that has not enrolled in the general
category Access Area fishery is
prohibited from possessing scallops.
General category scallop vessels fishing
in the Access Areas specified in
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§ 648.59(b) through (d) may possess
scallops up to the possession limit
specified in § 648.52(b), subject to a
limit on the total number of trips that
can be taken by all such vessels into the
Access Areas, as specified in
§ 648.59(b)(5)(ii), (c)(5)(ii), and (d)(5)(ii).
If the number of trips allowed have been
or are projected to be taken, the
Regional Administrator shall publish
notification in the Federal Register, in
accordance with the Administrative
Procedure Act, to notify general
category vessels that they may no longer
fish within the specified Access Area.
(B) Other species. Except for vessels
issued a general category scallop permit
and fishing under an approved NE
multispecies SAP under NE
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multispecies DAS, general category
vessels fishing in the Access Areas
specified in § 648.59(b) through (d) are
prohibited from possessing any other
species of fish.
(4) Number of trips. General category
scallop vessels may not fish for, possess,
or land scallops in or from the Access
Areas specified in § 648.59(b) through
(d) after the effective date of the
notification published in the Federal
Register, stating that the total number of
trips specified in § 648.59(b)(5)(ii),
(c)(5)(ii), and (d)(5)(ii) have been, or are
projected to be, taken by general
category scallop vessels.
*
*
*
*
*
[FR Doc. 05–927 Filed 1–14–05; 8:45 am]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 70, Number 11 (Tuesday, January 18, 2005)]
[Rules and Regulations]
[Pages 2821-2824]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-927]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 040809233-4363-03; I.D. 080304B]
RIN 0648-AR55
Fisheries of the Northeastern United States; Atlantic Sea Scallop
Fishery and Northeast Multispecies Fishery; Framework 16 and Framework
39
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS publishes this final rule to implement measures
previously approved, but not implemented under Framework 16 to the
Atlantic Sea Scallop Fishery Management Plan (Scallop FMP) and
Framework 39 to the Northeast Multispecies FMP (Multispecies FMP)
(Joint Frameworks). The implementation of these measures was delayed,
pending approval of reporting and recordkeeping requirements by the
Office of Management and Budget (OMB). This final rule allows general
category scallop vessels to fish in the Northeast (NE) multispecies
closed area access program implemented as part of the Joint Frameworks,
provided that they comply with new recordkeeping and reporting
requirements. OMB has approved the reporting and recordkeeping
requirements for vessels with general category scallop permits, as
required under the Paperwork Reduction Act (PRA).
DATES: Effective February 17, 2005.
ADDRESSES: Copies of the Joint Frameworks, their Regulatory Impact
Review (RIR), including the Initial Regulatory Flexibility Analysis
(IRFA), and the Environmental Assessment (EA) are available on request
from Paul J. Howard, Executive Director, New England Fishery Management
Council, 50 Water Street, Newburyport, MA 01950. These documents are
also available online at https://www.nefmc.org. NMFS prepared a Final
Regulatory Flexibility Analysis (FRFA), which is contained in the
Classification section of the preamble of this rule. Copies of the FRFA
and the Small Entity Compliance Guide are available from the Regional
Administrator, Northeast Regional Office, NMFS, One Blackburn Drive,
Gloucester, MA 01930-2298, and are also available via the internet at
https://www.nero.nmfs.gov.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
final rule should be submitted to Patricia A. Kurkul, Regional
Administrator, NMFS, Northeast Regional Office, One Blackburn Drive,
Gloucester, MA, 01930, and by e-mail to David--Rostker@omb.eop.gov, or
to the Federal e-rulemaking portal https://www.regulations.gov, or fax
to (202) 395-7285.
FOR FURTHER INFORMATION CONTACT: Peter W. Christopher, Fishery Policy
Analyst, 978-281-9288; fax 978-281-9135.
SUPPLEMENTARY INFORMATION:
Background
The final rule for the Joint Frameworks (69 FR 63460, November 2,
2004) established Scallop Access Areas within NE multispecies Closed
Area I (CAI), Closed Area II (CAII), and the
[[Page 2822]]
Nantucket Lightship Closed Area (NLCA). The NE multispecies closed
areas are closed year-round to all fishing that is capable of catching
NE multispecies, including scallop fishing. The Joint Frameworks
allowed the scallop fishery to access the scallop resource within
portions of the NE multispecies closed areas during specified seasons,
and ensure that NE multispecies catches by scallop vessels are
consistent with the Multispecies FMP. The Joint Frameworks also revised
the Essential Fish Habitat (EFH) closed areas implemented under
Amendment 10 to the Scallop FMP in order to make the areas consistent
with the EFH closures under the Multispecies FMP, as established by
Amendment 13 to the Multispecies FMP.
A proposed rule including the management measures for general
category scallop vessel access was published on August 26, 2004 (69 FR
52470). Several comments related to the measures for general category
scallop vessel access to NE multispecies closed areas were submitted in
response to the proposed rule. These comments and their responses were
included in the November 2, 2004, final rule for the Joint Frameworks.
Detailed descriptions, justifications, and summary of impacts of all of
the management measures, including general category scallop vessel
access to the NE multispecies closed areas, were included in that final
rule and are not repeated here. The measures allowing general category
vessel access to the NE multispecies closed areas were not made
effective upon publication of the November 2, 2004, final rule because
NMFS had not received OMB approval of the reporting and recordkeeping
requirements associated with these provisions, and because owners of
general category scallop vessels required time to prepare for the new
requirements. Since the reporting and recordkeeping requirements have
been approved by OMB, general category scallop vessels are now subject
to the following restrictions when fishing in the NE multispecies
closed areas:
a. A possession limit of 400 lb (181.4 kg) of shucked, or 50 U.S.
bushels (17.6 hL) of in-shell scallops per trip.
b. A set-aside TAC for general category vessels, equal to 2 percent
of the overall scallop TAC for each Scallop Access Area, requiring
general category vessels to stop fishing in the specific scallop Access
Area once the set-aside TAC is reached. The general category set-aside
TACs for 2004, 2005, and 2006, are as follows: (1) 2004; 167,904 lb (76
mt) in CAII and 154,368 lb (70 mt) in NLCA; (2) 2005; 64,860 lb (29 mt)
in CAI and 153,971 lb (70 mt) in CAII; and (3) 2006; 56,482 lb (26 mt)
in CAI and 135,937 lb (62 mt) in NLCA.
c. A limit on the number of trips that the general category fleet
can take into the Scallop Access Areas, requiring general category
vessels to stop fishing in the specific scallop Access Area once the
total number of allowed trips is reached. The limits on the number of
trips general category vessels may take for 2004, 2005, and 2006, are
as follows: (1) 2004; 420 trips in CAII and 386 trips in NLCA; (2)
2005; 162 trips in CAI and 385 trips in CAII; and (3) 2006; 141 trips
in CAI and 340 trips in NLCA.
d. A requirement to install and use a NMFS-certified vessel
monitoring system (VMS) in order to notify NMFS when a vessel plans to
fish in a Scallop Access Area.
e. A prohibition on retaining or landing NE multispecies, with a
requirement to report all catch of yellowtail flounder, including
discards, so that it can be counted against the yellowtail flounder TAC
for the scallop fishery. This restriction is consistent with the
provisions for general category vessels fishing in other exempted
fisheries under the Multispecies FMP.
f. A requirement to carry at-sea observers when requested.
g. VMS reporting of scallop and yellowtail catch to monitor fishery
activity and bycatch. (These requirements are also required of limited
access scallop vessels).
h. A requirement that scallop dredge gear used within a Scallop
Access Area be constructed with rings with a minimum diameter of 4
inches (10.2 cm) (Amendment 10 imposed this requirement for General
category vessels fishing in open areas, but delayed the implementation
of the requirement until December 23, 2004). Dredge width for general
category vessels cannot exceed 10.5 ft (3.2 m).
Classification
The Regional Administrator, Northeast Region, NMFS (RA) determined
that the framework adjustments implemented by this final rule are
necessary for the conservation and management of the Atlantic sea
scallop fishery and the NE multispecies fishery and are consistent with
the Magnuson-Stevens Fishery Conservation and Management Act and other
applicable law.
The measures implemented under the Joint Frameworks, including
general category scallop vessel access to the NE multispecies closed
areas, has been determined to be not significant for purposes of
Executive Order 12866.
NMFS, pursuant to section 604 of the Regulatory Flexibility Act
(RFA), prepared a FRFA in support of the Joint Frameworks, which was
included in the November 2, 2004, final rule implementing the Joint
Frameworks. The FRFA described the economic impact that this final
rule, along with other non-preferred alternatives, will have on small
entities, including general category scallop vessels effected by this
action. The contents of the FRFA and the incorporated documents (the
IRFA, the RIR, and the EA) are not repeated here, and a copy of these
documents is available upon request (see ADDRESSES).
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a small entity compliance guide was prepared.
The guide will be sent to all holders of general category scallop
permits issued for the scallop fishery. In addition, copies of this
final rule and guide (i.e., permit holder letter) are available from
the RA and are also available from NMFS, Northeast Region (see
ADDRESSES).
This final rule contains new collection-of-information requirements
approved by OMB under the PRA. These new requirements apply to general
category vessels only (the requirements already exist for other scallop
vessels). Public reporting burden for these collections of information
are estimated to average as follows:
1. Purchase and installation of VMS units, OMB 0648-0491
(1 hr per response);
2. Verification of VMS units, OMB 0648-0491 (0.083 hr per
response);
3. Daily reporting via VMS without an at-sea observer on board, OMB
0648-0491 (0.17 hr per response);
4. Daily reporting via VMS with an at-sea observer on board, OMB
0648-0491 (0.17 hr per response);
5. VMS notification of intent to fish on the 25th of the month
preceding the intended trip, OMB 0648-0491 (0.033 hr per
response);
6. VMS notification of scheduled Access Area trip 72 hr prior to
departure, OMB 0648-0491 (0.033 hr per response);
[[Page 2823]]
7. VMS notification of trip 1 hr prior to departure, OMB
0648-0491 (0.033 hr per response);
8. Polling of VMS units twice per hour, OMB 0648-0491
(0.0014 hr per response).
These estimates include the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection information.
Public comment is sought regarding: Whether this collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information shall have practical
utility; the accuracy of the burden estimate; ways to enhance the
quality, utility, and clarity of the information to be collected; and
ways to minimize the burden of the collection of information, including
through the use of automated collection techniques or other forms of
information technology. Send comments on these or any other aspects of
the collection of information to NMFS and to OMB (see ADDRESSES).
Notwithstanding any other provision of the law, no person is
required to respond to, and no person shall be subject to penalty for
failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB control number.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: January 11, 2005.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR part 648 is amended as
follows:
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. 648.10, paragraph (b)(1)(iv) is revised to read as follows:
Sec. 648.10 DAS notification requirements.
* * * * *
(b) * * *
(1) * * *
(iv) A scallop vessel issued a general category scallop permit when
fishing under the Sea Scallop Area Access Program specified under Sec.
648.60 and in the Sea Scallop Access Areas described in Sec. 648.59(b)
through (d);
* * * * *
0
3. In Sec. 648.59, paragraphs (b)(5)(ii)(A), (c)(5)(ii)(A), and
(d)(5)(ii)(A) are revised to read as follows:
Sec. 648.59 Sea Scallop Access Areas.
* * * * *
(b) * * *
(5) * * *
(ii) * * *
(A) Except as provided in paragraph (b)(5)(ii)(B) of this section,
subject to the possession limit specified in Sec. Sec. 648.52(b) and
648.60(a)(5), and subject to the seasonal restrictions specified in
paragraph (b)(4) of this section, a vessel issued a general category
scallop permit may not enter in, or fish for, possess, or land sea
scallops in or from the Closed Area I Access Area once the Regional
Administrator has provided notification in the Federal Register, in
accordance with Sec. 648.60(a)(8), that 162 trips in the 2005 fishing
year, and 141 trips in the 2006 fishing year, have been taken, in
total, by all general category scallop vessels. The Regional
Administrator shall notify all general category scallop vessels of the
date when the maximum number of allowed trips have been, or are
projected to be, taken for the 2005 and 2006 fishing years.
* * * * *
(c) * * *
(5) * * *
(ii) * * *
(A) Except as provided in paragraph (c)(5)(ii)(B) of this section,
subject to the possession limits specified in Sec. Sec. 648.52(b) and
648.60(a)(5), and subject to the seasonal restrictions specified in
paragraph (c)(4) of this section, a vessel issued a general category
scallop permit may not enter in, or fish for, possess, or land sea
scallops in or from the Closed Area II Access Area once the Regional
Administrator has provided notification in the Federal Register, in
accordance with Sec. 648.60(a)(8), that 420 trips in the 2004 fishing
year, and 385 trips in the 2006 fishing year, have been taken, in
total, by all general category scallop vessels. The Regional
Administrator shall notify all general category scallop vessels of the
date when the maximum number of allowed trips have been, or are
projected to be, taken for the 2004 and 2005 fishing years.
* * * * *
(d) * * *
(5) * * *
(ii) * * *
(A) Except as provided in paragraph (d)(5)(ii)(B) of this section,
subject to the possession limits specified in Sec. Sec. 648.52(b) and
648.60(a)(5), a vessel issued a general category scallop permit may not
enter in, or fish for, possess, or land sea scallops in or from the
Nantucket Lightship Access Area once the Regional Administrator has
provided notification in the Federal Register, in accordance with Sec.
648.60(a)(8), that 386 trips in the 2004 fishing year, and 340 trips in
the 2006 fishing year, have been taken, in total, by all general
category scallop vessels. The Regional Administrator shall notify all
general category scallop vessels of the date when the maximum number of
allowed trips have been, or are projected to be, taken for the 2004 and
2006 fishing years.
* * * * *
0
4. In Sec. 648.60, paragraph (g) is revised to read as follows:
Sec. 648.60 Sea scallop area access program requirements.
* * * * *
(g) General category scallop vessels. (1) A vessel issued a general
category scallop permit, except a vessel issued a NE Multispecies
permit and a general category scallop permit that is fishing in an
approved SAP under Sec. 648.85 under multispecies DAS that has not
enrolled in the general category Access Area fishery, may only fish in
the Closed Area I, Closed Area II, and Nantucket Lightship Sea Scallop
Access Areas specified in Sec. 648.59(b) through (d), subject to the
seasonal restrictions specified in Sec. 648.59(b)(4), (c)(4), and
(d)(4), and subject to the possession limit specified in Sec.
648.52(a), and provided the vessel complies with the requirements
specified in paragraphs (a)(1), (a)(2), (a)(6) through (a)(9), (d),
(e), (f), and (g) of this section, and Sec. 648.85(c)(3)(ii). A vessel
issued a NE Multispecies permit and a general category scallop permit
that is fishing in an approved SAP under Sec. 648.85 under
multispecies DAS that has not enrolled in the Sea Scallop Area Access
program as specified in paragraph (a)(2) of this section is not subject
to the restrictions and requirements specified in Sec.
648.59(b)(5)(ii), (c)(5)(ii), (d)(5)(ii), and this paragraph (g).
(2) Gear restrictions. The combined dredge width in use by, or in
possession on board, general category scallop vessels fishing in the
Access Areas described in Sec. 648.59(b) through (d) may not exceed
10.5 ft (3.2 m), measured at the widest point in the bail of the
dredge.
(3) Scallop TAC. General category vessels fishing in the Access
Areas specified in Sec. 648.59(b) through (d) are authorized to land
scallops, subject to the possession limit specified in Sec. 648.52(a),
up to the amount allocated to the scallop TACs for each Access
[[Page 2824]]
Area specified below. If the scallop TAC for a specified Access Area
has been, or is projected to be harvested, the Regional Administrator
shall publish notification in the Federal Register, in accordance with
the Administrative Procedure Act, to notify general category vessels
that they may no longer fish within the specified Access Area.
(i) Closed Area I Access Area. 64,840 lb (29 mt) in 2005, and
56,482 lb (25.6 mt) in 2006.
(ii) Closed Area II Access Area. 167,904 (76 mt) in 2004, and
153,971 lb (70 mt) in 2005.
(iii) Nantucket Lightship Access Area. 154,368 lb (70 mt) in 2004,
and 135,937 lb (62 mt) in 2006.
(iv) Possession Limits--(A) Scallops. A vessel issued a NE
Multispecies permit and a general category scallop permit that is
fishing in an approved SAP under Sec. 648.85 under multispecies DAS
that has not enrolled in the general category Access Area fishery is
prohibited from possessing scallops. General category scallop vessels
fishing in the Access Areas specified in Sec. 648.59(b) through (d)
may possess scallops up to the possession limit specified in Sec.
648.52(b), subject to a limit on the total number of trips that can be
taken by all such vessels into the Access Areas, as specified in Sec.
648.59(b)(5)(ii), (c)(5)(ii), and (d)(5)(ii). If the number of trips
allowed have been or are projected to be taken, the Regional
Administrator shall publish notification in the Federal Register, in
accordance with the Administrative Procedure Act, to notify general
category vessels that they may no longer fish within the specified
Access Area.
(B) Other species. Except for vessels issued a general category
scallop permit and fishing under an approved NE multispecies SAP under
NE multispecies DAS, general category vessels fishing in the Access
Areas specified in Sec. 648.59(b) through (d) are prohibited from
possessing any other species of fish.
(4) Number of trips. General category scallop vessels may not fish
for, possess, or land scallops in or from the Access Areas specified in
Sec. 648.59(b) through (d) after the effective date of the
notification published in the Federal Register, stating that the total
number of trips specified in Sec. 648.59(b)(5)(ii), (c)(5)(ii), and
(d)(5)(ii) have been, or are projected to be, taken by general category
scallop vessels.
* * * * *
[FR Doc. 05-927 Filed 1-14-05; 8:45 am]
BILLING CODE 3510-22-S
