Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; State Waters Exemption, 17135-17137 [E9-8526]
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Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Proposed Rules
published on July 1, 1994 (59 FR
34271), we will rely on the best and
most comprehensive technical
information available; gather and
impartially evaluate information that
disputes official positions; document
evaluation of information; use, retain,
and reference primary and original
sources of information; and conduct
management-level review of documents
to verify and assure the quality of the
science used to make the critical habitat
designations. We will review all
comments and information resulting
from this ANPR prior to making any
proposed designations and will include
such documents in our public record.
The public may review information
submitted by contacting NMFS (see
ADDRESSES and FOR FURTHER
INFORMATION CONTACT) or via the internet
at https://www.fakr.noaa.gov/.
Dated: April 7, 2009.
James W. Balsiger,
Acting Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. E9–8519 Filed 4–13–09; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 090224231–9594–01]
RIN 0648–AX54
Fisheries of the Northeastern United
States; Atlantic Sea Scallop Fishery;
State Waters Exemption
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
SUMMARY: NMFS proposes regulations to
allow an exemption from the minimum
twine-top mesh size for vessels issued
Federal scallop permits and fishing
exclusively in State of Maine (ME)
waters. In addition, the state waters
exemption would provide an exemption
from scallop days-at-sea (DAS) for
limited access DAS scallop vessels,
provided the vessel owner declares that
the vessel will fish exclusively in ME
state waters. The scallop fishery
regulations specify that a state may be
eligible for a state waters exemption if
it has a scallop fishery and a scallop
conservation program that does not
jeopardize the biomass and fishing
mortality/effort limit objectives of the
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15:34 Apr 13, 2009
Jkt 217001
Atlantic Sea Scallop Fishery
Management Plan (FMP). The
regulations further state that the
Regional Administrator, Northeast
Region, NMFS (RA), shall determine
which states meet those criteria and
shall authorize the exemption for such
states by publishing a rule in the
Federal Register.
DATES: Comments must be received by
5 p.m., local time, on May 14, 2009.
ADDRESSES: Documents supporting this
action, including ME’s request for the
exemption, Amendment 11 to the FMP,
and Framework 19 to the FMP, are
available upon request from Patricia A.
Kurkul, Regional Administrator, NMFS,
Northeast Regional Office, 55 Great
Republic Drive, Gloucester, MA 01930.
You may submit comments, identified
by 0648–AX54, by any one of the
following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov.
• Fax: (978) 281–9135, Attn: Peter
Christopher.
• Mail: Patricia A. Kurkul, Regional
Administrator, NMFS, Northeast
Regional Office, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the
outside of the envelope, ‘‘Comments on
Maine State Waters Exemption.’’
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information. NMFS will
accept anonymous comments.
Attachments to electronic comments
will be accepted in Microsoft Word,
Excel, WordPerfect, or Adobe PDF file
formats only.
FOR FURTHER INFORMATION CONTACT:
Peter Christopher, Policy Analyst, 978–
281–9288; fax 978–281–9135.
SUPPLEMENTARY INFORMATION:
Background
Amendment 11 to the FMP
(Amendment 11), implemented on June
1, 2008 (73 FR 20090, April 14, 2008),
includes a comprehensive new
management program for the general
category scallop fleet. Amendment 11
created a Northern Gulf of Maine
Scallop Management Area (NGOM Area)
that includes a total allowable catch
(TAC), gear restrictions, and a
possession limit for the NGOM Area
that are more restrictive than previous
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17135
regulations for the area. Under
Amendment 11, NMFS determined that
the exemptions for ME, New Hampshire
(NH), and Massachusetts (MA), should
be suspended, pending submission of
additional information from those states
regarding their state waters fisheries and
the potential effects of allowing state
waters exemptions under the
Amendment 11 scallop regulations. In
response, ME requested a state waters
exemption and provided background
information on the State’s current
scallop fishery management measures,
the potential state waters scallop
fishery, and information regarding
potential new measures that the State
was developing at the time.
The scallop fishery regulations at 50
CFR 648.54(c) specify that a state may
be eligible for the state waters
exemption if it has a scallop fishery and
a scallop conservation program that
does not jeopardize the biomass and
fishing mortality/effort limit objectives
of the FMP. The regulations further state
that the RA shall determine which states
meet those criteria and shall publish a
rule in the Federal Register, in
accordance with the Administrative
Procedure Act, to provide the
exemption for such states.
Based on the information submitted,
NMFS has preliminarily determined
that ME state waters qualify for the state
waters exemption program under the
FMP. The majority of ME’s scallop
fishery restrictions are either equally or
more restrictive than Federal scallop
fishing regulations. The exception is
that ME allows vessels to use a
minimum mesh size of 5.5–in (14–cm)
twine tops on scallop dredges, while the
Federal regulations require a 10–in
(25.4–cm) minimum twine-top mesh
size. The state waters exemption would
therefore allow an exemption from the
10–in (25.4–cm) minimum twine-top
mesh size. In addition, the state waters
exemption would provide an exemption
from scallop DAS for limited access
DAS scallop vessels, but would not
exempt such vessels from any other
Federal restrictions other than the
minimum twine-top mesh size as noted
above. To fish under the exemption,
owners of scallop vessels would be
required to declare their intent to fish
exclusively in ME state waters, subject
to more restrictive state measures if
applicable. Vessels with Federal
Incidental Catch scallop permits would
still be confined to the 40–lb (18–kg)
limit under Federal regulations. The
target total allowable catch was set at
50,000 lb (22,680 kg) for these vessels
based partly on the very low possession
limit. Allowing these vessels to harvest
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17136
Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Proposed Rules
more than 40 lb per trip could therefore
compromise the TAC.
As required by the scallop fishery
regulations, exemptions can only be
granted if the state’s scallop fishery
would not jeopardize the biomass and
fishing mortality/effort limit objectives
of the FMP. The exemption from the
Federal twine-top restriction and DAS
would have no impact on the
effectiveness of Federal management
measures for the scallop fishery overall
on the NGOM Area because the
remainder of ME’s scallop fishery
regulations are more restrictive and
would limit mortality and effort beyond
the Federal management program. The
twine top minimum mesh size
restrictions are designed to help reduce
bycatch in the scallop fishery. In
particular, larger twine top mesh size is
effective at reducing the bycatch of
flatfish, including yellowtail, winter,
and summer flounder in various areas.
Exempting vessels in this program from
the 10–in twine top mesh size is not
expected to increase bycatch or be
inconsistent with the Scallop FMP or
Magnuson-Sevens Act. The use of 5.5 in
(14–cm) twine top mesh size in the ME
fishery is confined to approximately 2
months. The possession limit of 200 lb
(90.7 kg) in ME’s waters also limits
overall fishing time. In addition, vessels
with Federal scallop permits may
decide not to replace the 10–in (25.4–
cm) twine tops for the limited amount
of time they might fish in ME state
waters. Yellowtail and summer flounder
are not common in most of ME state
waters, and winter flounder
concentrations are offshore primarily
during winter months when ME’s
scallop fishery is open. Low
concentrations of these flounder species
would limit exposure of these species to
the scallop dredge fishing under the
exemption. For these reasons,
exempting vessels from the 10–in (25.4–
cm) twine top mesh size is consistent
with the FMP’s overall objectives and
National Standard 9 requirement of
minimizing bycatch and bycatch
mortality to the extent practicable.
Compliance with other National
Standards would not be affected by the
proposed exemption since it is fully
consistent with the Scallop FMP which
has been determined to be consistent
with the Magnuson-Stevens Act,
including the National Standards and
required provisions.
ME is the only state that has requested
an exemption. MA has not requested an
exemption, and NH state agency staff
worked with staff at the Northeast
Regional Office to determine that new
possession limit restrictions in NH state
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waters alleviated the need for the
exemption program in NH waters.
Classification
Pursuant to section 304 (b)(1)(A) of
the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with the FMP, other provisions of the
Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Chief Council for Regulation of
the Department of Commerce certified
to the Chief Council for Advocacy of the
Small Business Administration that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities.
Final Regulatory Flexibility Analyses
(FRFA) were completed for both Amendment
11 and Framework 19 (implemented in June
2008) that analyze the economic impacts of
current FMP measures on small entities,
including Federally permitted scallop vessels
that would fish in both state and Federal
waters. The proposed action would not
generate any additional fishing effort and
would not have any additional impacts on
Federally permitted vessels than were
analyzed in prior Amendment 11 and
Framework 19. The exemption would only
facilitate fishing in ME state waters, where
vessels with Federal scallop permits would
fish in ME waters without the exemption.
Therefore, the proposed action would not
create any additional economic impacts that
were not considered in the prior FRFAs.
As a result, an initial regulatory
flexibility analysis is not required and
none has been prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
Dated: April 8, 2009.
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
For the reasons set out in the
preamble, 50 CFR part 648 is proposed
to be 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. In § 648.54, paragraphs (a), (b), (c),
(d), and (g) are revised to read as
follows:
§ 648.54
State waters exemption.
(a) State eligibility for exemption. (1)
A state may be eligible for a state waters
exemption if it has a scallop fishery and
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Fmt 4702
Sfmt 4702
a scallop conservation program that
does not jeopardize the biomass and
fishing mortality/effort limit objectives
of the Scallop FMP.
(2) The Regional Administrator shall
determine which states have a scallop
fishery and which of those states have
a scallop conservation program that
does not jeopardize the biomass and
fishing mortality/effort limit objectives
of the Scallop FMP. In such case, the
Regional Administrator shall publish a
rule in the Federal Register, in
accordance with the Administrative
Procedure Act, to provide the
exemption for such states.
(3) A state that has been issued a state
waters exemption under paragraph
(a)(4) of this section must immediately
notify the Regional Administrator of any
changes in its scallop conservation
program. The Regional Administrator
shall review these changes and, if a
determination is made that the state’s
conservation program jeopardizes the
biomass and fishing mortality/effort
limit objectives of the FMP, or that the
state no longer has a scallop fishery, the
Regional Administrator shall publish a
rule in the Federal Register, in
accordance with the Administrative
Procedure Act, to eliminate the
exemption for that state.
(4) The Regional Administrator has
determined that the State of Maine has
a scallop fishery conservation program
for its scallop fishery that does not
jeopardize the biomass and fishing
mortality/effort limit objectives of the
Scallop FMP. A vessel fishing in State
of Maine waters may fish under the
State of Maine state waters exemption,
subject to the exemptions specified in
paragraphs (b) and (c) of this section
provided the vessel is in compliance
with paragraphs (d) through (g) of this
section.
(b) Limited access scallop vessel
exemption. Any vessel issued a limited
access scallop permit is exempt from the
DAS requirements specified in
§ 648.53(b) while fishing exclusively
landward of the outer boundary of the
waters of a state that has been issued a
state waters exemption under paragraph
(a)(4) of this section, provided the vessel
complies with paragraphs (d) through
(g) of this section.
(c) Gear and possession limit
restrictions. Any vessel issued a limited
access scallop permit, an LAGC NGOM,
or an LAGC IFQ scallop permit is
exempt from the minimum twine top
mesh size for scallop dredge gear
specified in § 648.51(b)(4)(iv) while
fishing exclusively landward of the
outer boundary of the waters of the State
of Maine under the state waters
exemption specified in paragraph (a)(4)
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Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Proposed Rules
of this section, provided the vessel is in
compliance with paragraphs (d) through
(g) of this section.
(d) Notification requirements. Vessels
fishing under the exemptions specified
in paragraph (b) and/or (c) of this
section must notify the Regional
Administrator in accordance with the
provisions of § 648.10(e).
*
*
*
*
*
(g) Applicability of other provisions of
this part. A vessel fishing under the
exemptions provided by paragraphs (b)
and/or (c) of this section remains subject
to all other requirements of this part.
[FR Doc. E9–8526 Filed 4–13–09; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 071102641–9595–03]
RIN 0648–AR06
Fisheries of the Exclusive Economic
Zone Off Alaska; Revision of Single
Geographic Location Requirement in
the Bering Sea Subarea
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
SUMMARY: NMFS proposes regulations to
increase the number of times per year
that a stationary floating processor (SFP)
that is qualified under the American
Fisheries Act (AFA) may move within
State of Alaska waters in the Bering Sea
(BS) subarea to process pollock
harvested in the BS subarea directed
pollock fishery. This action also would
require AFA SFPs to process all Gulf of
Alaska (GOA) pollock and GOA Pacific
cod where they processed these species
in 2002. This action is necessary to
increase operational flexibility for AFA
SFPs that process pollock caught in the
BS subarea directed fishery while
continuing to limit the competitive
advantage of AFA SFPs in the GOA
pollock and GOA Pacific cod fisheries.
This action is intended to promote the
goals and objectives of the Magnuson–
Stevens Fishery Conservation and
Management Act, the Fishery
Management Plans for Groundfish of the
GOA and for Groundfish of the Bering
Sea and Aleutian Islands Management
Area, and other applicable laws.
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15:34 Apr 13, 2009
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DATES: Comments on the proposed rule
must be received no later than the close
of business on May 29, 2009.
ADDRESSES: Send comments to Sue
Salveson, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS, Attn:
Ellen Sebastian. You may submit
comments, identified by ‘‘RIN 0648–
AR06’’ by any one of the following
methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal: https://
www.regulations.gov.
• Fax: 907–586–7557.
• Mail: P. O. Box 21668, Juneau, AK
99802.
• Hand delivery to the Federal
Building: 709 West 9th Street, Room
420A, Juneau, Alaska.
All comments received are a part of
the public record and will generally be
posted to https://www.regulations.gov
without change. All Personal Identifying
Information (e.g., name, address)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments (enter N/A in the required
fields, if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
portable document file (pdf) formats
only.
Copies of the Environmental
Assessment/Regulatory Impact Review
(EA/RIR) prepared for this action are
available from the NMFS Alaska Region
website at https://
www.alaskafisheries.noaa.gov or from
the mailing and street addresses listed
above.
Written comments regarding the
burden-hour estimates or other aspects
of the collection–of–information
requirements contained in this proposed
rule may be submitted to NMFS at the
above address and by e–mail to
DavidlRostker@omb.eop.gov, or fax to
202–395–7285.
FOR FURTHER INFORMATION CONTACT:
Becky Carls, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fisheries in the
exclusive economic zone of the Bering
Sea and Aleutian Islands Management
Area (BSAI) and the GOA under the
Fishery Management Plans (FMPs) for
groundfish in the respective areas. The
North Pacific Fishery Management
Council (Council) prepared, and NMFS
approved, the FMPs under the authority
of the Magnuson–Stevens Fishery
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17137
Conservation and Management Act
(Magnuson–Stevens Act), 16 U.S.C.
1801 et seq. Regulations governing U.S.
fisheries and implementing the FMPs
appear at 50 CFR parts 600 and 679.
Background and Need for Action
The current single geographic location
provisions apply to SFPs, which can be
AFA or non–AFA qualified. An SFP, as
defined at § 679.2, is a vessel of the
United States operating as a processor in
State of Alaska (State) waters that
remains anchored or otherwise remains
stationary in a single geographic
location while receiving or processing
groundfish harvested in the GOA or
BSAI. There are two AFA SFPs that are
the two largest SFPs operating in
Alaska, and six AFA onshore
processors. It is unlikely that there will
be more AFA SFPs because the
regulatory requirements to qualify as an
AFA SFP are unlikely to be met by other
entities. The two AFA SFPs are semi–
permanently moored in protected
anchorages in the Aleutian Islands less
than 45 nautical miles (nm) (83 km)
apart. The F/V Arctic Enterprise is
located in Akutan Bay, and the F/V
Northern Victor is located in Beaver
Inlet.
History of Single Geographic Location
Provisions
In 1992, the final rule implementing
Amendment 18 to the BSAI FMP and
Amendment 23 to the GOA FMP was
published (57 FR 61326, December 24,
1992). Under Amendments 18/23, the
Council adopted resource allocations of
BSAI and GOA pollock and GOA Pacific
cod between inshore and offshore
components in response to concerns of
one component preempting another in
harvesting the total allowable catch in
those fisheries. Amendments 18/23 also
established the single geographic
location provisions for the inshore
pollock processing sector to discourage
offshore catcher/processors and
motherships from entering the inshore
sector. Any operational advantage over
the shore–based processors due to the
offshore processors’ mobility would be
lost by being limited to one location.
The prohibition on processing fish in
more than a single geographic location
applied on a fishing-year basis and only
to vessels processing catch from target
pollock and GOA Pacific cod fisheries.
A processing vessel could leave the
specified inshore fixed geographic
location within State waters to process
other species of groundfish. If, later, the
processor was needed to process catch
from target BSAI or GOA pollock or
GOA Pacific cod fisheries, the
processing vessel would first have to
E:\FR\FM\14APP1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 70 (Tuesday, April 14, 2009)]
[Proposed Rules]
[Pages 17135-17137]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8526]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 090224231-9594-01]
RIN 0648-AX54
Fisheries of the Northeastern United States; Atlantic Sea Scallop
Fishery; State Waters Exemption
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes regulations to allow an exemption from the
minimum twine-top mesh size for vessels issued Federal scallop permits
and fishing exclusively in State of Maine (ME) waters. In addition, the
state waters exemption would provide an exemption from scallop days-at-
sea (DAS) for limited access DAS scallop vessels, provided the vessel
owner declares that the vessel will fish exclusively in ME state
waters. The scallop fishery regulations specify that a state may be
eligible for a state waters exemption if it has a scallop fishery and a
scallop conservation program that does not jeopardize the biomass and
fishing mortality/effort limit objectives of the Atlantic Sea Scallop
Fishery Management Plan (FMP). The regulations further state that the
Regional Administrator, Northeast Region, NMFS (RA), shall determine
which states meet those criteria and shall authorize the exemption for
such states by publishing a rule in the Federal Register.
DATES: Comments must be received by 5 p.m., local time, on May 14,
2009.
ADDRESSES: Documents supporting this action, including ME's request for
the exemption, Amendment 11 to the FMP, and Framework 19 to the FMP,
are available upon request from Patricia A. Kurkul, Regional
Administrator, NMFS, Northeast Regional Office, 55 Great Republic
Drive, Gloucester, MA 01930.
You may submit comments, identified by 0648-AX54, by any one of the
following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal https://www.regulations.gov.
Fax: (978) 281-9135, Attn: Peter Christopher.
Mail: Patricia A. Kurkul, Regional Administrator, NMFS,
Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA
01930. Mark the outside of the envelope, ``Comments on Maine State
Waters Exemption.''
Instructions: All comments received are a part of the public record
and will generally be posted to https://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information. NMFS will accept
anonymous comments. Attachments to electronic comments will be accepted
in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Peter Christopher, Policy Analyst,
978-281-9288; fax 978-281-9135.
SUPPLEMENTARY INFORMATION:
Background
Amendment 11 to the FMP (Amendment 11), implemented on June 1, 2008
(73 FR 20090, April 14, 2008), includes a comprehensive new management
program for the general category scallop fleet. Amendment 11 created a
Northern Gulf of Maine Scallop Management Area (NGOM Area) that
includes a total allowable catch (TAC), gear restrictions, and a
possession limit for the NGOM Area that are more restrictive than
previous regulations for the area. Under Amendment 11, NMFS determined
that the exemptions for ME, New Hampshire (NH), and Massachusetts (MA),
should be suspended, pending submission of additional information from
those states regarding their state waters fisheries and the potential
effects of allowing state waters exemptions under the Amendment 11
scallop regulations. In response, ME requested a state waters exemption
and provided background information on the State's current scallop
fishery management measures, the potential state waters scallop
fishery, and information regarding potential new measures that the
State was developing at the time.
The scallop fishery regulations at 50 CFR 648.54(c) specify that a
state may be eligible for the state waters exemption if it has a
scallop fishery and a scallop conservation program that does not
jeopardize the biomass and fishing mortality/effort limit objectives of
the FMP. The regulations further state that the RA shall determine
which states meet those criteria and shall publish a rule in the
Federal Register, in accordance with the Administrative Procedure Act,
to provide the exemption for such states.
Based on the information submitted, NMFS has preliminarily
determined that ME state waters qualify for the state waters exemption
program under the FMP. The majority of ME's scallop fishery
restrictions are either equally or more restrictive than Federal
scallop fishing regulations. The exception is that ME allows vessels to
use a minimum mesh size of 5.5-in (14-cm) twine tops on scallop
dredges, while the Federal regulations require a 10-in (25.4-cm)
minimum twine-top mesh size. The state waters exemption would therefore
allow an exemption from the 10-in (25.4-cm) minimum twine-top mesh
size. In addition, the state waters exemption would provide an
exemption from scallop DAS for limited access DAS scallop vessels, but
would not exempt such vessels from any other Federal restrictions other
than the minimum twine-top mesh size as noted above. To fish under the
exemption, owners of scallop vessels would be required to declare their
intent to fish exclusively in ME state waters, subject to more
restrictive state measures if applicable. Vessels with Federal
Incidental Catch scallop permits would still be confined to the 40-lb
(18-kg) limit under Federal regulations. The target total allowable
catch was set at 50,000 lb (22,680 kg) for these vessels based partly
on the very low possession limit. Allowing these vessels to harvest
[[Page 17136]]
more than 40 lb per trip could therefore compromise the TAC.
As required by the scallop fishery regulations, exemptions can only
be granted if the state's scallop fishery would not jeopardize the
biomass and fishing mortality/effort limit objectives of the FMP. The
exemption from the Federal twine-top restriction and DAS would have no
impact on the effectiveness of Federal management measures for the
scallop fishery overall on the NGOM Area because the remainder of ME's
scallop fishery regulations are more restrictive and would limit
mortality and effort beyond the Federal management program. The twine
top minimum mesh size restrictions are designed to help reduce bycatch
in the scallop fishery. In particular, larger twine top mesh size is
effective at reducing the bycatch of flatfish, including yellowtail,
winter, and summer flounder in various areas. Exempting vessels in this
program from the 10-in twine top mesh size is not expected to increase
bycatch or be inconsistent with the Scallop FMP or Magnuson-Sevens Act.
The use of 5.5 in (14-cm) twine top mesh size in the ME fishery is
confined to approximately 2 months. The possession limit of 200 lb
(90.7 kg) in ME's waters also limits overall fishing time. In addition,
vessels with Federal scallop permits may decide not to replace the 10-
in (25.4-cm) twine tops for the limited amount of time they might fish
in ME state waters. Yellowtail and summer flounder are not common in
most of ME state waters, and winter flounder concentrations are
offshore primarily during winter months when ME's scallop fishery is
open. Low concentrations of these flounder species would limit exposure
of these species to the scallop dredge fishing under the exemption. For
these reasons, exempting vessels from the 10-in (25.4-cm) twine top
mesh size is consistent with the FMP's overall objectives and National
Standard 9 requirement of minimizing bycatch and bycatch mortality to
the extent practicable. Compliance with other National Standards would
not be affected by the proposed exemption since it is fully consistent
with the Scallop FMP which has been determined to be consistent with
the Magnuson-Stevens Act, including the National Standards and required
provisions.
ME is the only state that has requested an exemption. MA has not
requested an exemption, and NH state agency staff worked with staff at
the Northeast Regional Office to determine that new possession limit
restrictions in NH state waters alleviated the need for the exemption
program in NH waters.
Classification
Pursuant to section 304 (b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the FMP, other provisions of the Magnuson-Stevens Act,
and other applicable law, subject to further consideration after public
comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Council for Regulation of the Department of Commerce
certified to the Chief Council for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
Final Regulatory Flexibility Analyses (FRFA) were completed for
both Amendment 11 and Framework 19 (implemented in June 2008) that
analyze the economic impacts of current FMP measures on small
entities, including Federally permitted scallop vessels that would
fish in both state and Federal waters. The proposed action would not
generate any additional fishing effort and would not have any
additional impacts on Federally permitted vessels than were analyzed
in prior Amendment 11 and Framework 19. The exemption would only
facilitate fishing in ME state waters, where vessels with Federal
scallop permits would fish in ME waters without the exemption.
Therefore, the proposed action would not create any additional
economic impacts that were not considered in the prior FRFAs.
As a result, an initial regulatory flexibility analysis is not
required and none has been prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: April 8, 2009.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be 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. In Sec. 648.54, paragraphs (a), (b), (c), (d), and (g) are
revised to read as follows:
Sec. 648.54 State waters exemption.
(a) State eligibility for exemption. (1) A state may be eligible
for a state waters exemption if it has a scallop fishery and a scallop
conservation program that does not jeopardize the biomass and fishing
mortality/effort limit objectives of the Scallop FMP.
(2) The Regional Administrator shall determine which states have a
scallop fishery and which of those states have a scallop conservation
program that does not jeopardize the biomass and fishing mortality/
effort limit objectives of the Scallop FMP. In such case, the Regional
Administrator shall publish a rule in the Federal Register, in
accordance with the Administrative Procedure Act, to provide the
exemption for such states.
(3) A state that has been issued a state waters exemption under
paragraph (a)(4) of this section must immediately notify the Regional
Administrator of any changes in its scallop conservation program. The
Regional Administrator shall review these changes and, if a
determination is made that the state's conservation program jeopardizes
the biomass and fishing mortality/effort limit objectives of the FMP,
or that the state no longer has a scallop fishery, the Regional
Administrator shall publish a rule in the Federal Register, in
accordance with the Administrative Procedure Act, to eliminate the
exemption for that state.
(4) The Regional Administrator has determined that the State of
Maine has a scallop fishery conservation program for its scallop
fishery that does not jeopardize the biomass and fishing mortality/
effort limit objectives of the Scallop FMP. A vessel fishing in State
of Maine waters may fish under the State of Maine state waters
exemption, subject to the exemptions specified in paragraphs (b) and
(c) of this section provided the vessel is in compliance with
paragraphs (d) through (g) of this section.
(b) Limited access scallop vessel exemption. Any vessel issued a
limited access scallop permit is exempt from the DAS requirements
specified in Sec. 648.53(b) while fishing exclusively landward of the
outer boundary of the waters of a state that has been issued a state
waters exemption under paragraph (a)(4) of this section, provided the
vessel complies with paragraphs (d) through (g) of this section.
(c) Gear and possession limit restrictions. Any vessel issued a
limited access scallop permit, an LAGC NGOM, or an LAGC IFQ scallop
permit is exempt from the minimum twine top mesh size for scallop
dredge gear specified in Sec. 648.51(b)(4)(iv) while fishing
exclusively landward of the outer boundary of the waters of the State
of Maine under the state waters exemption specified in paragraph (a)(4)
[[Page 17137]]
of this section, provided the vessel is in compliance with paragraphs
(d) through (g) of this section.
(d) Notification requirements. Vessels fishing under the exemptions
specified in paragraph (b) and/or (c) of this section must notify the
Regional Administrator in accordance with the provisions of Sec.
648.10(e).
* * * * *
(g) Applicability of other provisions of this part. A vessel
fishing under the exemptions provided by paragraphs (b) and/or (c) of
this section remains subject to all other requirements of this part.
[FR Doc. E9-8526 Filed 4-13-09; 8:45 am]
BILLING CODE 3510-22-S
