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Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery, Framework Adjustment 13; Northeast Multispecies Fishery, Framework Adjustment 34
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 19, 2000 (Volume 65, Number 118)]
[Rules and Regulations]
[Page 37903-37917]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19jn00-12]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 000531162-0162-01; I.D. 042800B]
RIN 0648-AN49
Fisheries of the Northeastern United States; Atlantic Sea Scallop
Fishery, Framework Adjustment 13; Northeast Multispecies Fishery,
Framework Adjustment 34
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues this final rule to implement measures contained in
Framework Adjustment 13 to the Atlantic Sea Scallop Fishery Management
Plan (FMP) and Framework Adjustment 34 to the Northeast Multispecies
FMP. This final rule implements the 2000 Sea Scallop Exemption Program
(Exemption Program), creates Sea Scallop Exemption Areas (Exemption
Areas) in portions of multispecies Closed Area I (CA I), Closed Area II
(CA II), and the Nantucket Lightship Closed Area (NLCA) and includes
the following management measures: A possession limit of up to 10,000
lb (4,356.0 kg) of scallop meats per trip; a maximum number of trips
for each area; an automatic minimum deduction of 10 days-at-sea (DAS)
for each trip; a minimum mesh twine-top of 10 inches (25.40 cm); a
yellowtail flounder total allowable catch (TAC) of 725 metric tons (mt)
for CA I and CA II combined, and 50 mt for the NLCA; and an increase in
the regulated species possession limit from 300 lb (136.1 kg) to 1,000
lb (435.6 kg) per trip, among other measures. In addition, this action
modifies the scallop dredge gear stowage requirements and corrects and
clarifies the ``end of the year DAS carry-over'' provision for vessels
participating in the limited access scallop fishery. The primary intent
of this action is to provide a continuation and an expansion of a
short-term strategy to allow scallop dredge vessels access to
multispecies closed areas without
[[Page 37904]]
compromising multispecies and sea scallop rebuilding or habitat
protection.
DATES: Effective June 15, 2000, except for Sec. 648.57 introductory
paragraphs (a) and (b), which becomes effective June 15, 2000, through
March 1, 2001, and Sec. 648.58(c)(3)(i) and (c)(3)(ii), which becomes
effective June 14, 2000.
ADDRESSES: Copies of Framework Adjustment 13/Framework Adjustment 34 to
the Atlantic Sea Scallop/Northeast Multispecies FMPs, its Environmental
Assessment (EA), and regulatory impact review 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 http://www.nefmc.org.
Comments regarding the collection-of-information requirements
contained in this final rule should be sent to Patricia A. Kurkul,
Regional Administrator, Northeast Region, One Blackburn Drive,
Gloucester, MA 01930-2298, and to the Office of Information and
Regulatory Affairs, Office of Management and Budget (OMB), Washington,
DC 20503 (Attention: NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: David M. Gouveia, Fishery Policy
Analyst, 978-281-9280.
SUPPLEMENTARY INFORMATION: Based on results from the 23rd Stock
Assessment Workshop and information obtained from a cooperative
experimental research fishery conducted from August through October
1998, the Council developed, and NMFS approved, Framework Adjustment 11
to the Atlantic Sea Scallop FMP and Framework Adjustment 29 to the
Northeast Multispecies FMP in June 1999, which implemented the 1999
Georges Bank Sea Scallop Exemption Program and provided sea scallop
fishermen access to CA II. This action helped to reduce fishing effort
in other scallop areas where the stock is dominated by smaller scallops
by shifting effort into CA II where the scallop biomass and average
individual size have increased dramatically since 1994, while
maintaining conservation neutrality.
During the course of the 1999 Georges Bank Sea Scallop Exemption
Program implemented under Frameworks 11/29 (June 15 through November
12, 1999), additional cooperative research was conducted by NMFS and
the industry in CA I, CA II, and the NLCA. This research involved
mapping the distribution and estimating the abundance of Atlantic sea
scallops; determining the rate and distribution of finfish and
invertebrate bycatches in the sea scallop fishery; testing new gear
designs to reduce finfish bycatch rates; providing information on the
potential habitat effects of the use of scallop dredge gear; and
evaluating changes in catch-per-unit-effort. To the extent that the
data from these research projects have been analyzed, this new
information was incorporated into the development of Frameworks 13/34
and builds on the data obtained from the 1999 Georges Bank Sea Scallop
Exemption Program.
To provide an additional year of access to areas of high scallop
biomass, this action allows sea scallop dredge vessels access to
portions of CA I, CA II, and the NLCA during the period from June 15,
2000, through December 31, 2000, and establishes a sea scallop TAC of
8,664 mt to be distributed among the three closure areas. To help fund
the cost of observers, an additional 87 mt above the TAC together with
another 87 mt set aside from the TAC, for a total of 174 mt, is
available. In addition, 87 mt is set aside from the sea scallop TAC to
help defray the cost of sea scallop research. After deducting the two
87 mt set asides, the resulting commercial scallop TAC available is
8,490 mt (2,934 for CA II; 2,445 mt for the NLCA; and 3,111 mt for CA
I).
As in Frameworks 11/29, this action opens only certain portions of
the closed areas to minimize the impact on finfish bycatch and habitat.
The Council's Habitat Committee recommended that, based on current
essential fish habitat (EFH) considerations, only areas south of
41 deg.30' N. lat. in CA II, only areas north of 41 deg.07' N. lat. in
CA I, and only areas north of 40 deg.30' N. lat. and east of the 13900
loran line in the NLCA should be considered for opening to scallop
dredge vessels. This action adopts the Habitat Committee's recommended
area openings for all three areas.
To minimize yellowtail flounder bycatch, this action implements a
Georges Bank yellowtail flounder TAC of 757 mt (a combined TAC for CA I
and CA II), and a Southern New England yellowtail flounder TAC of 50 mt
for NLCA. Once these yellowtail flounder TACs are projected to be
reached, scallop fishery access to the respective closed areas will be
terminated. The yellowtail flounder TAC is estimated using the
information obtained from observed trips in the Exemption Program. One
percent from each yellowtail flounder TAC is set aside to account for
yellowtail flounder incidental catch that may occur on vessels
conducting sea scallop research activities. This will allow sea scallop
research activities to continue, should the Exemption Program be
terminated due to the harvest of the overall yellowtail flounder TAC.
This action expands upon the mechanism in the 1999 Georges Bank Sea
Scallop Exemption Program to conduct sea scallop research utilizing the
TAC set aside for this purpose by adopting a more flexible design to
provide applicants more options in conducting their projects. For
example, this action will allow sea scallop research activities and
commercial trips to be conducted separately, rather than on the same
trip as implemented under the 1999 Georges Bank Sea Scallop Exemption
Program. In addition, this action requires that specific elements be
included in proposals submitted in response to the Request for Proposal
and a report of the project results submitted to the Council and NMFS.
Successful applicants will receive grant awards to help defray the
costs of the sea scallop research. Grant awards will be made consistent
with Department of Commerce grant policy and procedures. Amounts over
the trip limits for sea scallop meats to be allocated for defraying
project costs shall be limited by area up to 30 mt for CA II, 25 mt for
the NLCA, and 32 mt for CA I.
All limited access scallop vessels, including vessels that hold a
scallop ``Confirmation of Permit History,'' are eligible to fish for
the sea scallop TAC specified for each Exemption Area. Full-time and
part-time scallop vessels are allowed up to three CA II trips, two CA I
trips, and one NLCA trip. Vessels permitted in the Occasional permit
category are allocated only one trip in the area of their choice. All
scallop vessels are allowed to possess up to 10,000 lb (4,356.0 kg) of
scallop meats per trip. Note that the 10,000 lb (4,356.0 kg) of meats
per trip is a possession limit, rather than just a landing limit, to
help ensure the enforceability of this measure.
All scallop vessels fishing in the Exemption Program must have
installed on board an operational Vessel Monitoring System (VMS) unit
that meets the minimum performance criteria as specified in the
regulations (Occasional permitted vessels are the only limited access
scallop vessels not currently required to have a VMS.). Scallop vessels
planning to fish in an Exemption Area must so declare by notifying the
Administrator, Northeast Region, NMFS (Regional Administrator), through
the VMS. For each trip declared, a minimum of 10 DAS will automatically
be deducted.
Each vessel operator is required to inform NMFS of his/her
intention to fish in the Exemption Areas at least 15
[[Page 37905]]
days prior to the opening of each Exemption Area season through the VMS
e-mail system to facilitate placement of observers. This, along with
the following information, must be reported at least 15 days prior to
the opening of each Exemption Area season: Vessel name and permit
number, owner and operator's name, owner and operator's phone numbers,
and number of trips anticipated for the Exemption Area in question. In
addition, vessels must provide notice to NMFS as to the time and port
of departure at least 5 working days prior to the beginning of any trip
on which it declares into the Exemption Program. Vessels will be
provided additional information by mail regarding all notification
requirements.
Because of the late publication of this final rule implementing the
15-day advance notification requirement, there is insufficient time to
provide for the 15-day advance notification for Closed Area II, which
is scheduled to reopen on June 15th. Therefore, NMFS is waiving the 15-
day advance notification for Closed Area II, only. NMFS requests that
vessel operators intending to fish in Closed Area II provide
notification to NMFS as soon as possible.
Each vessel participating in this Exemption Program is required to
report information on a daily basis through the VMS. On all trips to an
Exemption Area, vessels must report their daily pounds (kg) of scallop
meats kept and the Fishing Vessel Trip Report page number corresponding
to the respective Exemption Area trip. In addition, vessels on observed
trips must provide a separate report of the daily pounds (kg) of
scallop meats kept and the pounds (kg) of yellowtail flounder caught on
tows that were observed.
Measures are included to improve the enforceability of this
program. One measure is an increase in the VMS polling frequency. For
the duration of the Exemption Program implemented by this action, all
limited access scallop vessels equipped with a VMS unit will be polled
twice per hour, regardless of whether the vessel is enrolled in the
Exemption Program. Based on the increase in polling, the Council
recommended and NMFS approved a decision to eliminate the buffer zone
that was put into place last year. In addition, the openings of the
closed areas will be sequential rather than concurrent. The seasonal
openings for this year's Exemption Areas are as follows: June 15
through August 14 for CA II; August 15 through September 30 for the
NLCA; and October 1 through December 31, 2000, for CA I.
After taking into account data on the number of eligible vessels
participating and the total number of trips taken, the Regional
Administrator may adjust the sea scallop possession limit for the NLCA
and/or the CA I Exemption Areas during January 2001 for full-time and
part-time limited access sea scallop vessels and/or allocate one or
more additional trips, if a sufficient amount of the sea scallop target
TAC and yellowtail flounder TAC remains to warrant such an adjustment
or allocation, given the likelihood of exceeding the sea scallop TAC.
Occasional permitted vessels would not be allocated an additional trip.
At the discretion of the Regional Administrator, scallop vessels
may be allocated an additional amount of sea scallops, not to exceed a
cumulative total of 60 mt in CA II, 64 mt in CA I, and 50 mt in the
NLCA, respectively, for each trip on which an observer is taken, to
help fund the cost of observers. The vessel owner will be responsible
for paying for the cost of the observer, regardless of whether any
scallops are caught on the trip.
This action also increases the regulated multispecies incidental
catch allowance from 300 lb (136.1 kg) to 1,000 lb (453.6 kg) per trip
for scallop vessels when fishing under the Exemption Program and
authorizes the Regional Administrator to make in-season adjustments, if
necessary, to reduce regulatory discards. Because vessels are expected
to catch more groundfish (especially yellowtail flounder) in the
Exemption Areas than outside those areas, increasing the allowance of
regulated species will help reduce discards. In addition, vessels that
have an observer on board will be allowed to retain all regulated
species caught, provided the fish caught in excess of the possession
limit are donated to a bonafide charity.
Vessels that have declared a trip under the Exemption Program are
prohibited from possessing more than 50 U.S. bushels (400 lb (181.4 kg)
of meats) of shell stock when outside of the designated Exemption Area
specified in this framework. This 400- lb (181.4-kg) scallop meat limit
for shell stock is considered part of the 10,000-lb (4,536.0-kg) meat
weight possession limit. A limit on the amount of sea scallops landed
in the shell is a necessary enforcement tool for purposes of monitoring
the 10,000-lb (4,536.0-kg) meat weight possession limit requirement.
Allowing vessels to retain a relatively minor amount of shell stock
will help satisfy a market for large, live scallops, yet not compromise
the enforceability of the possession limit.
All scallop vessels, including those currently fishing with nets,
that are fishing under the Exemption Program, must use scallop dredge
gear that conforms to the current sea scallop dredge vessel gear
restrictions specified in Sec. 648.51, with the exception of the twine
top mesh size restrictions. For vessels fishing in the Exemption
Program, twine tops must have a minimum mesh size of 10-inch (25.40-cm)
square or diamond mesh. The purpose of increasing the minimum twine top
mesh size measurement from 8 inches (20.32 cm) outside the closed areas
to 10 inches (25.40 cm) inside the closed areas is to reduce bycatch of
groundfish and other finfish. Recent research demonstrates that the 10
inch mesh size may significantly reduce bycatch of certain species,
especially flatfish species.
In response to safety concerns raised by industry, this final rule
also implements a mechanism for the modification to the current stowage
provision for dredge gear vessels and will allow the Regional
Administrator to authorize other methods of gear stowage. This
modification allows scallop dredge gear to be stowed in a safer manner
while not compromising enforcement. This provision will remain in place
beyond the closure of the Exemption Program. In addition, gear stowage
provisions previously contained in Secs. 648.57 introductory paragraphs
(a) and (b), 648.80(a)(2)(iii), (b)(2)(iii), (b)(6)(i)(C), and
(b)(9)(i)(E), 648.81(d) and the removal of paragraph (e),
648.82(k)(1)(iv)(A), 648.86(b)(3), (b)(4), (d)(1)(i), (d)(1)(ii), and
(d)(1)(iii), 648.87 introductory text to paragraphs (a) and (b),
648.89(a), 648.91(c)(2)(ii), and Sec. 648.94(e) have been consolidated
and are now contained in Sec. 648.23.
The Northeast multispecies and monkfish regulations contain a
provision that restricts vessels that held a Confirmation of Permit
History for the entire fishing year preceding the carry-over year, from
carrying over unused DAS from one year to the next. However, NMFS
inadvertently omitted this restriction in the end-of-the-year DAS
carry-over provision. This final rule corrects and clarifies the end-
of-the-year DAS carry-over provision for vessels participating in the
limited access scallop fishery to make it consistent with the DAS
carry-over provisions contained in the Northeast multispecies and
monkfish fisheries.
Finally, vessels fishing under the Exemption Program are prohibited
from off loading their scallop catch at more than one location. This
measure will help in monitoring the TAC, as well as aid enforcement in
tracking landings and in enforcing the trip limit.
[[Page 37906]]
Disapproved Measure
The framework document for this action proposes to allow General
Category permitted vessels to fish for scallops in portions of the NLCA
and CA I. The General Category fleet would have been allocated 5
percent of the total scallop TAC and would have been authorized to
retain no more than 400 lb (174.2 kg) of scallop meats per Exemption
Program trip. Retention of regulated multispecies would have been
prohibited. In addition, General Category vessels would have been
required to obtain and operate a VMS unit and would have been
restricted to one dredge no larger than 10.5 ft (3.2 m) with 10-inch
(25.40-cm) mesh twine top.
Because this measure would create significant enforcement and
administrative concerns, it violates section 303(a)(1)(A) of the
Magnuson-Stevens Act and national standard 7. National standard 7
requires that conservation and management measures minimize costs where
practicable. The General Category permit, an open access permit, was
originally developed by the Council to allow vessels not qualified for
a limited access scallop permit to retain an incidental catch of
scallops. As an open access permit, there is no limit on the number of
vessels that could obtain this permit, thus creating an enforcement
burden due to the potential of greatly expanding the number of boats
that may fish in this program. In addition, monitoring of a separate
TAC for these vessels would be extremely difficult. Therefore, NMFS
disapproved this measure.
Abbreviated Rulemaking
NMFS is making these revisions to the regulations under the
framework abbreviated rulemaking procedure codified at 50 CFR part 648,
subpart F. This procedure requires the Council, when making
specifically allowed adjustments to the FMP, to develop and analyze the
actions over the span of at least two Council meetings. The Council
must provide the public with advance notice of both the proposals and
the analysis, and an opportunity to comment on them prior to and at a
second Council meeting. Upon review of the analysis and public comment,
the Council may recommend to the Regional Administrator that the
measures be published as a final rule if certain conditions are met.
NMFS may publish the measures as a final rule, or as a proposed rule if
additional public comment is needed.
The public was provided the opportunity to express comments on
allowing access by scallop vessels into the multispecies closed areas
at numerous meetings. The following list includes all meetings,
including plan development team meetings, at which this action was on
the agenda, discussed, and public comment was heard:
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Date Meeting
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1999................................
May 20.............................. Invertebrate Assessment Sub-Committee
June 2.............................. Scallop Program Development Team (PDT)
June 21-25.......................... Stock Assessment Review Committee
July 7-8............................ Scallop PDT
July 29-30.......................... Scallop PDT
August 24........................... Scallop PDT
September 9......................... Scallop Advisory Panel
September 16-17..................... Scientific and Statistical Committee
September 10........................ Scallop Oversight Committee
September 22........................ Council
September 28-29..................... Scallop Oversight Committee
October 6-7......................... Scallop PDT
October 6........................... Habitat Technical Team
October 18.......................... Scallop PDT
October 19.......................... Habitat Committee
November 8.......................... Research Steering Committee
November 10......................... Multispecies Oversight Committee
November 12......................... Scallop Oversight Committee
November 15......................... Gear Conflict Committee
November 15......................... Enforcement Committee
November 17......................... Council
December 7-8........................ Multispecies PDT
December 13......................... Multispecies Oversight Committee
2000................................
January 10-11....................... Scallop Oversight Committee
January 14.......................... Multispecies Oversight Committee
January 20.......................... Council
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Documents summarizing the Council's proposed action, and the
analysis of biological and economic impacts of this and alternative
actions, were available for public review one week prior to the final
Council meeting, as is required under the framework adjustment process.
Written and oral comments were accepted up to and during that meeting.
Comments and Responses
Comment 1: Several commenters stated that this action should remain
conservation neutral, i.e., there should be no net increase in fishing
mortality rate (F) for sea scallops.
Response: Conservation neutrality means that F for the sea scallop
resource should not rise above the annual F set by Amendment 7 to the
Atlantic Sea Scallop FMP. The framework analyses demonstrate that total
F will not increase, except in the unlikely event that a large portion
of inactive vessels, including vessels that hold a Confirmation of
Permit History, begin fishing.
Comment 2: Several comments were received that viewed the reopening
of the closed areas as shortsighted, in that
[[Page 37907]]
several important fishery resources will be negatively impacted by this
action.
Response: Although no specific fishery resource was identified by
the commenter, NMFS has concluded that the action does not negatively
impact any other resources. The EA concludes that there will be no net
increase in F for scallops. One of the more critical groundfish stocks,
Georges Bank yellowtail flounder, has recovered considerably from its
once highly depleted condition. Still, continued rebuilding of the
Georges Bank yellowtail flounder stock is necessary and there is a high
level of concern over the low stock size of the Cape Cod and Southern
New England yellowtail flounder stocks. This action takes the necessary
steps to protect these valuable resources through implementation of TAC
levels, which, when reached, will terminate the Exemption Program. The
action also promotes fishing effort reduction in areas where scallops
are depleted, and increases meat yield. The selection of the areas to
be reopened under the Exemption Program addresses habitat concerns by
keeping some of the more complex bottom areas within the groundfish
closed areas closed. Additionally, this action promotes rebuilding of
the scallop resource by reducing effort on small, fast-growing
scallops.
Comment 3: Several commenters noted that the closed areas were
closed to scallop dredge gear partly because this gear disrupts
spawning activity of groundfish.
Response: This action restricts access by scallop dredge vessels
into the closed areas to a time when groundfish spawning activity is
considered to be minimal (i.e., June 15 through August 14 for CA II;
August 15 through September 30 for the NLCA; and October 1 through
December 31, 2000, for CA I).
Comment 4: Some commenters stated that any economic gain derived
from scallop fishing in the groundfish closed areas will be offset or
lost by the setback to cod, yellowtail flounder, and other recovering
species.
Response: This action sets yellowtail flounder TAC levels for
Exemption Area fisheries, which, when reached, trigger the termination
of the respective Exemption Area fisheries. The yellowtail flounder TAC
levels will ensure that the Exemption Area fisheries do not cause a
setback to that species' rebuilding schedule. Cod and haddock do not
appear to be vulnerable in any significant way to scallop fishing with
dredges within the Exemption Areas during the specified fishing
seasons. Furthermore, the minimum mesh twine-top size and the expected
effort transfers from areas now open to scallop fishing will limit the
impacts on other species. Suspending the fisheries when certain
thresholds are met and requiring more restrictive fishing gear when
fishing in the Exemption Areas will mitigate the negative impacts on
all species, particularly yellowtail flounder, even though an
insignificant net increase in mortality is expected.
Comment 5: Because scallop fishers harvested significant amounts of
yellowtail flounder in the 1999 Georges Bank Sea Scallop Exemption
Program, as evidenced by the termination of the fishery when the
yellowtail flounder TAC was taken, several commenters stated that the
Council's analysis of the likely significant impact on overfished
groundfish stocks is insufficient.
Response: The yellowtail flounder TAC levels are designed to ensure
adequate protection of the yellowtail flounder stocks. Provided each
respective Exemption Area fishery is terminated when its TAC level is
reached, as required by this action, the stocks should receive adequate
protection.
Comment 6: Opening the closed areas to scalloping and maintaining
scallopers' DAS at current levels will undercut current and proposed
protections afforded EFH in New England waters. In its Omnibus EFH
Amendment (64 FR 19503, April 21, 1999), the Council noted that the
year-round groundfish closed areas and proposed reductions in scallop
DAS protect and conserve EFH. The Council relied on these measures in
the Omnibus EFH Amendment to satisfy its duty under the Magnuson-
Stevens Act to minimize adverse effects of fishing on EFH.
Response: This action re-opens only portions of the closed areas
where habitat is less likely to be adversely impacted by scallop gear.
The benthos of the re-opened portion of CA II primarily consists of
sand and shell in a high energy environment. The habitat in this area
is not as complex and diverse as the habitats to the north, which will
remain closed to scallop fishing. The reopened portion of CA I, based
on the information available to the Council, is believed to be
comprised primarily of sand, with no known areas of hard bottom. This
type of habitat is less sensitive to the impacts associated with
scallop fishing than the gravel and hard-bottom habitats south of the
area that will not be opened to scallop fishing. The re-opened portion
of the NCLA, based on the information available to the Council, is
believed to be primarily comprised of relatively flat sand.
Although this action will increase habitat impacts in the areas to
be opened for scallop fishing, the compensating effect will be to
reduce scallop fishing effort in areas that are now open. The action is
expected to reduce overall scallop fishing time by 22 percent. Some of
the areas currently open to scallop fishing have significantly more
complex and diverse habitat than that in the portions of the groundfish
closed areas to be reopened to scallop fishing. The biological impacts
of this trade-off are discussed in the EA and, on balance, this action
was determined to be consistent with EFH objectives and to minimize the
impacts of fishing on EFH to the extent practicable.
Additionally, NMFS is recommending to the Council who will conduct
the initial review of the research proposals that a portion of the
scallop TAC set aside for sea scallop research be considered to fund
experiments to help identify more selective fishing gears or gears that
have less habitat impacts.
Comment 7: The absence of habitat data from research conducted
during last year's opening of CA II limited the Council in properly
evaluating the environmental impacts of this proposed re-opening.
Therefore, the Council continues to be unable to answer fundamental
questions necessary to assess properly the EFH and environmental
impacts of the last year's partial opening of CA II.
Response: Under National Standard 2 of the Magnuson-Stevens Act,
the Council and NMFS are required to use the best scientific
information available. During last year's CA II opening, additional
cooperative research was conducted by NMFS and industry in CA I, CA II,
and the NLCA. From the research conducted, information was gained on
the potential habitat effects of the use of scallop dredge gear.
However, since this action was developed at the same time the habitat
research was being conducted, and a substantial amount of time and
resources were needed to adequately analyze the data, the data analysis
associated with the habitat studies was not completed in time to be
incorporated into this action. The Council's Habitat Committee did,
however, use the best available scientific information available in
developing the action within the time period for developing the action.
The Habitat Committee utilized sidescan sonar information to develop
the Exemption Area alternatives chosen by the Council. The Council
intends to use the habitat data generated from last
[[Page 37908]]
year's opening, along with any new habitat information, when developing
a more permanent rotational scallop fishing strategy in Amendment 10 to
the Atlantic Sea Scallop FMP.
Comment 8: If the Council allows scalloping fishing in these areas,
significant environmental impacts can be expected, not just proximate
to, but actually in ``ecologically critical areas.'' In fact, the
Council has already identified particularly ecologically important
areas within EFH located in CA II and designated such areas as a
habitat area of particular concern (HAPC) for juvenile cod.
Response: The term ``ecologically critical areas'' is not defined,
nor does it have any meaning analogous to ``HAPC'' or ``EFH.'' There is
no reference to this term in the Council's Omnibus EFH Amendment, as
implied by the comment. The HAPC in CA II is not near the area where
scalloping will be allowed.
Comment 9: Some commenters expressed concern regarding the
destruction to the ocean floor that could be caused by scallop dredge
vessels in the closed areas. In particular, scallop dredging has a
significant effect on gravel and hard bottom habitats.
Response: See the response to Comment 6.
Comment 10: Opening the closed areas and failing to reduce scallop
DAS without additional scallop closures or measures with equal habitat
benefits increases fishing effects on EFH, an environmental impact that
must be analyzed pursuant to National Environmental Policy Act and the
EFH Omnibus Amendment. The Council has not sufficiently analyzed the
likely significant impact on EFH.
Response: These impacts are analyzed, to the extent possible, in
the EA and, pursuant to the EFH interim final rule (62 FR 66531,
December 19, 1997), in the EFH Assessment. The EA estimates a 22-
percent reduction in bottom time needed to harvest the same amount of
sea scallops within the current closed areas as compared to no access
to closed areas. See also the response to Comment 6.
Comment 11: Little is known about the habitats within the portions
of CA I and the NLCA scheduled to be re-opened. Limited sampling
creates a real risk that hard-bottom habitats, not identified, exist in
these areas. Little is known about the benthic and pelagic ecosystems
that rely on these habitats and how they are affected indirectly by
scallop dredging. The Council should have considered postponing
scallopers' access to the closed areas until it can collect and analyze
reliable data and accurate geological surveys.
Response: The Council based this action on the best scientific
information available, as required by National Standard 2 of the
Magnuson-Stevens Act. All relevant sources of scientific information
were used in the Council's deliberations, including a review of
available sidescan sonar information reflecting bottom types in CA I.
Other considerations and determinations were made as discussed in the
response to Comment 6.
Comment 12: The EA must consider reasonable alternatives to the
proposed action, including the no-action alternative, that have the
potential to mitigate the potential negative impacts of the action. At
a minimum, the Council and NMFS should consider the no-action
alternative, allowing scallopers to fish only in certain areas, rather
than in all closed areas; for example, the Council should have
considered allowing scallop fishing only in areas where sufficient data
exist to demonstrate that they contain EFH that is less severely
affected by scallop dredging (such as soft sediments and high energy
environments).
Response: The Council did consider all these alternatives. In
effect, it chose not to open all the areas, and to open areas with
habitat less severely affected by scallop dredging by limiting the
exempted areas within the overall closed areas.
Comment 13: The Council should have considered requiring slower
towing speeds and full stops before hauling the dredge of the bottom to
minimize bycatch of groundfish and other species.
Response: During the course of last year's CA II opening, as part
of a cooperative research project, tow speed, haul-back speed, and tow
scope were studied. According to industry advisors who participated in
this research, preliminary tests indicated that those measures would be
ineffective. The measures also would be unenforceable. However,
industry did employ voluntary fishing practices in last year's
Exemption Program that reduced its yellowtail flounder catch and is
expected to repeat this practice again this year.
Comment 14: The Council should have considered requiring at least
25-percent observer coverage on scallop vessels fishing under the
Exemption Program.
Response: The Council did adopt a goal of 25-percent observer
coverage for each area, to be funded by the participants through a TAC
set aside. Both the Council and NMFS agree that this program should
have the maximum observer coverage practicable. However, due to the
high costs of observer programs, the additional administrative burden
that would be placed on NMFS, and the uncertainty of NMFS' ability to
provide 25-percent observer coverage, the level of observer coverage
was expressed as a goal, rather than as a requirement.
Comment 15: Many industry participants suggested that the Council
should only consider access to the closed areas in the context of a
comprehensive rotational area management strategy.
Response: The intent of this action is to provide a continuation
and an expansion of a short-term strategy to allow scallop dredge
vessels access to multispecies closed areas. Amendment 10 to the
Atlantic Sea Scallop FMP, which is currently under development by the
Council, will recommend a long-term sea scallop rotational harvest
strategy. The scallop fisheries in the re-opened areas will provide
information necessary to make this strategy possible.
Furthermore, this action meets the goals of conservation neutrality
and of increasing yield per recruit in terms of managing scallops for
any future area rotation strategy and therefore is fully consistent
with the objectives of the Atlantic Sea Scallop FMP. To delay this
action until the implementation of Amendment 10 to the Atlantic Sea
Scallop FMP would deprive the public of substantial economic benefits:
An estimated $22 million in consumer surplus and an estimated $26
million in producer surplus.
Comment 16: General category vessels should be allowed to retain
more that the 400-lb (181.4-kg) scallop possession limit. The limit
makes it economically unfeasible for them to fish in the closed areas,
and it is unfair that limited access vessels have a much higher,
10,000-lb (4,356-kg) possession limit.
Response: NMFS has disapproved the provision that would have
allowed General Category vessels access to the closed areas because it
would create a significant enforcement and administrative burden and
thus violate National Standard 7.
In deliberating about whether to increase the possession limit for
General Category permit holders, the Council considered the original
reason for establishing a General Category permit and 400-lb (181.4-kg)
scallop possession limit. This permit was designed to meet the needs of
fishermen who catch scallops in small-scale fisheries and/or in
combination with other fisheries. For this reason, General Category
permit holders are exempt from the DAS
[[Page 37909]]
restrictions to which limited access scallop vessels are subject.
Comment 17: Some industry members commented that the sea scallop
management measures proposed for the Exemption Program are too
restrictive and that fishing effort, consequently, will remain in the
open areas.
Response: The Council has accounted for the benefits, costs, and
risks associated with the closed area fisheries in this action. The EA
shows that it would be more economical for scallopers to fish in the
Exemption Program than in the existing open areas, due to lower fishing
costs and higher prices for large scallops.
Comment 18: Several industry members commented that the yellowtail
flounder TAC will likely force an early closure of the Exempted Area
fisheries.
Response: An experimental fishery conducted in CA I and the NLCA in
1999 showed very low yellowtail flounder catches in the scallop
fishery. Using these rates, the analysis indicated that a closure in
the NLCA fishery due to the yellowtail flounder TAC being exceeded is
not likely. The combined CA I and CA II yellowtail flounder TAC is
about 80 percent higher than the limit in 1999 due to improved
yellowtail flounder resource conditions. Additionally, this action
includes a minimum twine-top mesh size requirement for scallop dredge
vessels that declare into the Exemption Program, which is expected to
reduce incidental catch of yellowtail flounder substantially.
Comment 19: Scallop industry members commented that the groundfish
closure areas comprise about one-half of the Georges Bank scallop
grounds, by area, and that scallop vessels should be able to regain
access to these areas.
Response: Under current conditions, the biomass within the closed
areas on Georges Bank includes much more than one-half of the scallop
biomass of the Georges Bank stock. This imbalance has arisen mainly due
to the combination of very high fishing mortality on scallops within
areas that have remained open to scallop fishing, while closed areas
designed primarily to protect groundfish also protected sea scallops
because of the prohibition on use of dredges.
The Council is considering under Amendment 10 to the Atlantic Sea
Scallop FMP the extent to which scallopers should be allowed into the
closed areas if it does not jeopardize the rebuilding schedule for
groundfish or scallops and does not cause substantial adverse impacts
on habitat. This action allows access to a portion of the closed areas
under a program that meets these conditions.
Comment 20: Industry commented that gear research for the purposes
of reducing bycatch should be encouraged and suggested that a portion
of the TAC be used to fund this.
Response: This action sets aside 1 percent of the scallop target
TAC (87 mt) as a means to fund projects to examine new gears and/or
gear modifications that would reduce incidental catch/bycatch by
scallop dredge vessels.
Comment 21: Due to the potential for gear conflicts, lobster
industry members requested that the reopened areas be modified to
exclude areas with concentrations of lobster pot gear.
Response: Since their inception in 1994, the closed areas on
Georges Bank and Nantucket Shoals have become viewed as prime lobster
fishing grounds. The closed areas provide a place for lobster fishing
with little danger of losing gear to mobile fishing gears. In the
spring of 1999, the Council's Gear Conflict Committee held a meeting to
identify the areas and time periods most valuable to lobster trap
fishermen in the NLCA and CA II. The Committee did not ask for industry
input on CA I because at that time, the opening of CA I was not being
contemplated by the Council. However, during the development of this
action, the Council consulted with the Atlantic Offshore Lobstermen's
Association (AOLA) concerning lobster activity in CA I. As was the case
with the NLCA and CA II, the boundaries within CA I were selected by
the Council to avoid the highest concentration of lobster gear in each
of the proposed closed area.
Comment 22: Concern was expressed that the Exemption Program would
encourage a ``derby-style'' fishery, especially with an inseason
adjustment.
Response: This was not a significant problem in the 1999 Georges
Bank Sea Scallop Exemption Program and is less likely to be a problem
in fishing year 2000 because of the limited period (January 2001) and
area (CA I and the NLCA) for which additional trips may be authorized.
However, if a derby-style fishery does ensue, the scallop possession
limit to some extent addresses this concern.
Comment 23: The high biomass of scallops in the groundfish closed
areas represents an important opportunity to learn how to manage an
essentially rebuilt stock for optimum yield, as required by National
Standard 1 under the Magnuson-Stevens Act.
Response: Additional data collected during the Exemption Program
could be an important source of information in developing an area
rotation management strategy, contemplated for Amendment 10 to the
Atlantic Sea Scallop FMP.
Comment 24: Some commenters felt that early access to the CA II is
necessary to avoid adverse fall weather and corresponding safety
issues, as well as to improve scallop yield.
Response: This action allows access for scallop fishing in Closed
Area II starting June 15, 2000. Although full-time scallop vessels
generally fish year-round, part-time and occasional vessels, which tend
to be smaller and less seaworthy, would benefit from this early opening
since it allows them to take all of their trips during the summer
months when weather is usually more favorable and scallop meat yields
are high. Smaller vessels also would have access to CA I and the NLCA,
which are much closer to shore, later in the year when weather
conditions may be more of a concern.
Comment 25: Some individuals noted that illegal transfers of
scallops caught in CA II reportedly occurred with regularity.
Response: The enforceability of this action is strengthened by the
increase in VMS polling frequency to twice per hour for all scallop
vessels fishing under a scallop DAS, whether or not they participate in
the Exemption Program, and by staggering access to the closed areas so
that only one area is open at one time.
Comment 26: Area closure boundaries should be straight north-south
and east-west, using latitude and longitude, and the areas should be as
large as possible.
Response: The Council carefully considered this. However, habitat,
bycatch, and potential gear conflict concerns constrained the
configuration of the Exemption Area boundaries.
Classification
The Assistant Administrator for Fisheries, NOAA (AA), finds that,
because public meetings held by the Council to discuss the management
measures implemented by this final rule provided adequate prior notice
and opportunity for public comment, further notice and opportunity to
comment on this final rule is unnecessary. Comments were received from
members of the public and are responded to in the preamble of this
final rule. Also, because the technical amendments to this final rule
merely remove outdated regulatory text and add cross-references to the
gear stowage requirements that were revised by the Regional
Administrator due to safety concerns expressed by industry, they do not
effect a substantive change to the existing regulations; thus, prior
notice and opportunity for public comment are
[[Page 37910]]
unnecessary. Therefore, the AA, under 5 U.S.C. 553(b)(B), finds good
cause exists to waive prior notice and additional opportunity for
public comment.
It is unnecessary and contrary to the public interest to delay for
30 days the effective date provisions for a possession limit of up to
10,000 lb (4,356.0 kg) of scallop meats per trip; the maximum number of
trips for each area; an automatic minimum deduction of 10 DAS for each
trip; a minimum mesh twine-top of 10 inches; a yellowtail flounder TAC
of 757 metric tons (MT) for CA I and CA II combined and 50 MT for the
NLCA; and an increase in the regulated species possession limit from
300 lb (136.1 kg) to 1,000 lb (435.6 kg) per trip among other measures.
On March 3, 1999, NMFS implemented Amendment 7 to the Atlantic Sea
Scallop FMP (64 FR 14835). This amendment, which addressed the new
Sustainable Fisheries Act requirements, substantially reduced the level
of fishing for scallops through the year 2008 by revising the current
fishing effort reduction schedule. Although a less severe reduction was
implemented in Framework Adjustment 12 to the Atlantic Sea Scallop FMP
(65 FR 11478, March 3, 2000) for fishing year 2000, failure to allow
scallop vessels access to Closed Area II on June 15, when finfish
bycatch concerns would be mitigated to the largest extent possible,
will increase costs to scallop vessels fishing in currently open areas
where scallop biomass is low and where the stock is dominated by small
scallops. Furthermore, an earlier opening date will allow more time for
smaller vessels to fish their allotted trips during good weather. For
these reasons, the AA finds, under 5 U.S.C. 553(d)(3), good cause not
to delay for 30 days the effective date of these provisions.
Because the revised Sea Scallop Exemption Program limits in
Sec. 648.58 and related prohibitions in Sec. 648.14(a)(38), (a)(40),
(a)(90) and (h)(27), and the revisions to Secs. 648.17(c),
648.51(b)(2)(i) and (b)(2)(ii), 648.52(c), and (b)(9)(i)(E),
648.81(a)(1), (b)(1), (c)(1), 648.86(a)(2)(iii), and 648.88(c) relieve
restrictions, under 5 U.S.C. 553(d)(1) they are not subject to a 30-day
delay in effectiveness.
Implementation of the ``end of the year DAS carry-over'' provision
for vessels participating in the limited access scallop fishery
contained in Sec. 648.53(d) clarifies the intent of previously issued
regulations to make the DAS carry-over provision for the scallop
fishery consistent with those provisions contained in the Northeast
multispecies and monkfish regulations. This classification does not
effect a substantive change in the management of the fishery;
therefore, prior notice and opportunity for comment and delay in the
effectiveness of Sec. 648.53(d) are not required under 5 U.S.C. 553.
In addition, the implementation of the revised stowage provisions
for dredge gear vessels will allow scallop dredge gear to be stowed in
a safer manner while not compromising enforcement. These provisions are
contained in Sec. 648.23(b) and (b)(1) through (b)(4) and related
provisions containing cross references to the stowage provisions
contained in Secs. 648.57 introductory paragraphs (a) and (b),
648.80(a)(2)(iii), (b)(2)(iii), (b)(6)(i)(C), and (b)(9)(i)(E),
648.81(d) and the removal of paragraph (e), 648.82(k)(1)(iv)(A),
648.86(b)(3), (b)(4), (d)(1)(i), (d)(1)(ii), and (d)(1)(iii), 648.87
introductory text to paragraphs (a) and (b), 648.89(a),
648.91(c)(2)(ii), and 648.94(e). Because this revised stowage
provisions relieve restrictions and will remain in place beyond the
closure of the Sea Scallop Exemption Program, under section 553(d)(1)
they are not subject to a 30-day delay in effectiveness.
Because a general notice of proposed rulemaking is not required
under 5 U.S.C. 533, or any other law, the analytical requirements of
the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable.
While a regulatory flexibility analysis is not required and none has
been prepared, the economic impacts on affected fishers and
alternatives to mitigate such impacts were considered by the Council
and NMFS. The primary intent of this action is to allow scallop vessels
an opportunity to remain economically viable, while ensuring that the
fishing mortality for the entire sea scallop stock does not exceed the
F target of 0.34 in the FMP for fishing year 2000. A copy of the
analysis for Frameworks 13/34 may be obtained from the Council (see
ADDRESSES).
This final rule has been determined to be not significant for the
purposes of Executive Order 12866.
Notwithstanding any other provision of law, no person is required
to respond to, nor shall a person be subject to a penalty for failure
to comply with a collection of information subject to the requirements
of the Paperwork Reduction Act unless that collection of information
displays a currently valid Office of Management and Budget (OMB)
control number.
This final rule contains collection-of-information requirements
subject to the Paperwork Reduction Act. These requirements have been
approved by OMB. The OMB Control numbers and estimated response times
are as follow:
1. Reporting of intention to fish in the Exemption Program through
the VMS e-mail messaging system (Sec. 648.58(c)(3)(i)) approved under
0648-0416 at 2 minutes/response.
2. Notice requirements for observer deployment
(Sec. 648.58(c)(3)(ii)) approved under 0648-0416 at 2 minutes/response.
3. Daily reporting of sea scallops kept and Fishing Vessel Trip
Report page number and, for observed trips, sea scallops kept, Fishing
Vessel Trip Report page number and yellowtail flounder caught on
observed tows, through the VMS e-mail messaging system for vessels
fishing in the Scallop Exemption Program (Sec. 648.58(c)(10)) approved
under 0648-0416 at 10 minutes/response.
4. VMS polling frequency (Sec. 648.58(h)) approved under 0648-0307
and 0648-0416 at 30 seconds/response.
5. Installation of a VMS unit on board the vessel (Sec. 648.10(b))
approved under 0648-0307 and 0648-0416 at 1 hour/response.
6. Declaration into the Exemption Program through the VMS prior to
leaving the dock (Sec. 648.58(c)(3)(iii)) approved under 0648-0202 at 2
minutes/response.
7. Transit notifications (Sec. 648.86(b)(3)) approved under 0648-
0202 at 1 minute/response.
The estimated response time includes the time needed for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding these burden
estimates or any other aspect of the data requirements, including
suggestions for reducing the burden, to NMFS and OMB (see ADDRESSES).
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: June 14, 2000.
Andrew A. Rosenberg,
Deputy Assistant Assistant Administrator for Fisheries, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is 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. 648.14, paragraphs (a)(38), (a)(40), (a)(90) and (h)(27)
are revised to read as follows:
[[Page 37911]]
Sec. 648.14 Prohibitions.
(a) * * *
(38) Enter or be in the area described in Sec. 648.81(a)(1) on a
fishing vessel, except as provided by Sec. 648.58, during the time and
in the portion of Closed Area I specified in Sec. 648.58, or
Sec. 648.81(a)(2) and (d).
* * * * *
(40) Enter or be in the area described in Sec. 648.81(c)(1) on a
fishing vessel, except as provided by Sec. 648.58, during the time and
in the portion of the Nantucket Lightship Closed Area specified in
Sec. 648.58, or Sec. 648.81(c)(2) and (d).
* * * * *
(90) Use, set, haul back, fish with, possess on board a vessel,
unless stowed in accordance with Sec. 648.23(b), or fail to remove,
sink gillnet gear and other gillnet gear capable of catching
multispecies, with the exception of single pelagic gillnets (as
described in Sec. 648.81(g)(2)(ii)), in the areas and for the times
specified in Sec. 648.87(a) and (b), except as provided in
Secs. 648.81(g)(2)(ii) and 648.87(a) and (b), or unless otherwise
authorized in writing by the Regional Administrator.
* * * * *
(h) * * *
(27) Enter or be in the areas described in Sec. 648.58(b)(1),
(b)(2), or (b)(3) when fishing under the Sea Scallop Exemption Program
specified in Sec. 648.58, with a net, net material, or any other
material on the top half of the dredge with mesh size smaller than that
specified in Sec. 648.58(c)(7).
* * * * *
3. In Sec. 648.17, paragraph (c) is revised to read as follows:
Sec. 648.17 Exemptions for vessels fishing in the NAFO Regulatory Area
for Multispecies vessels.
* * * * *
(c) When transiting the EEZ, all gear is properly stowed in
accordance with one of the applicable methods specified in
Sec. 648.23(b); and
* * * * *
4. In Sec. 648.23, paragraph (b) introductory text, and paragraphs
(b) (1) through (b) (4) are revised to read as follows:
Sec. 648.23 Gear restrictions.
* * * * *
(b) Definition of ``not available for immediate use.'' Gear that is
shown not to have been in recent use and that is stowed in conformance
with one of the following methods is considered to be not available for
immediate use:
(1) Nets. (i) Below deck stowage. (A) It is stored below the main
working deck from which it is deployed and retrieved;
(B) The towing wires, including the leg wires, are detached from
the net; and
(C) It is fan-folded (flaked) and bound around its circumference.
(ii) On-deck stowage. (A) It is fan-folded (flaked) and bound
around its circumference;
(B) It is securely fastened to the deck or rail of the vessel; and
(C) The towing wires, including the leg wires, are detached from
the net.
(iii) On-reel stowage. (A) It is on a reel, its entire surface is
covered with canvas or other similar material, and the canvas or other
material is securely bound;
(B) The towing wires are detached from the net; and
(C) The codend is removed and stored below deck.
(iv) On-reel stowage for vessels transiting the Gulf of Maine
Rolling Closure Areas, the Georges Bank Seasonal Area Closure, and the
Conditional Gulf of Maine Rolling Closure Area. (A) The net is on a
reel, its entire surface is covered with canvas or other similar
material, and the canvas or other material is securely bound;
(B) The towing wires are detached from the doors; and
(C) No containment rope, codend tripping device, or other mechanism
to close off the codend is attached to the codend.
(2) Scallop dredges. The towing wire is detached from the scallop
dredge, the towing wire is completely reeled up onto the winch, the
dredge is secured and the dredge or the winch is covered so that it is
rendered unusable for fishing.
(3) Hook gear (other than pelagic). All anchors and buoys are
secured and all hook gear, including jigging machines, is covered.
(4) Sink gillnet gear. All nets are covered with canvas or other
similar material and lashed or otherwise securely fastened to the deck
or rail, and all buoys larger than 6 inches (15.24 cm) in diameter,
high flyers, and anchors are disconnected.
* * * * *
5. In Sec. 648.51, paragraphs (b)(2)(i) and (b)(2)(ii) are revised
to read as follows:
Sec. 648.51 Gear and crew restrictions.
* * * * *
(b) * * *
(2) * * * (i) For vessels not fishing under the scallop DAS
program, the mesh size of a net, net material, or any other material on
the top of a scallop dredge in use by or in possession of such vessels
shall not be smaller than 5.5 inches (13.97 cm) square or diamond mesh.
(ii) Unless otherwise restricted under Sec. 648.58, the mesh size
of a net, net material, or any other material on the top of a scallop
dredge possessed or used by vessels fishing under a scallop DAS shall
not be smaller than 8-inch (20.32-cm) square or diamond mesh.
* * * * *
6. In Sec. 648.52, paragraph (c) is revised to read as follows:
Sec. 648.52 Possession limits.
* * * * *
(c) Owners or operators of vessels with a limited access scallop
permit that have declared into the Sea Scallop Exemption Program as
described in Sec. 648.58 are prohibited from possessing or landing per
trip more than the sea scallop possession limit specified in
Sec. 648.58(c)(6).
7. In Sec. 648.53, paragraph (d) is revised to read as follows:
Sec. 648.53 DAS allocations.
* * * * *
(d) End-of-year carry-over. With the exception of vessels that held
a Confirmation of Permit History as described in Sec. 648.4(a)(1)(i)(J)
for the entire fishing year preceding the carry-over year, limited
access vessels that have unused DAS on the last day of February of any
year may carry over a maximum of 10 DAS into the next year. DAS
sanctioned vessels will be credited with unused DAS based on their DAS
allocation minus total DAS sanctioned.
* * * * *
8. In Sec. 648.57, introductory paragraphs (a) and (b) are revised
to read as follows:
Sec. 648.57 Closed areas.
(a) Hudson Canyon South Closed Area. Through March 1, 2001, no
vessel may fish for, possess, or retain sea scallops from the area
known as the Hudson Canyon South Closed Area or possess sea scallops in
this closed area or transit this closed area unless all scallop dredge
gear on board is properly stowed and not available for immediate use in
accordance with the provisions of Sec. 648.23(b). Vessels fishing in
this closed area for species other than scallops must stow scallop
dredge gear in accordance with the provisions of Sec. 648.23(b). The
Hudson Canyon South Closed Area (copies of a chart depicting this area
are available from the Regional Administrator upon request) is defined
by straight lines connecting the following points in the order stated:
* * *
(b) Virginia Beach Closed Area. Through March 1, 2001, no vessel
may
[[Page 37912]]
fish for, possess, or retain sea scallops from the area known as the
Virginia Beach Closed Area or possess sea scallops in this closed area
or transit this closed area unless all scallop dredge gear on board is
properly stowed and not available for immediate use in accordance with
the provisions of Sec. 648.23(b). Vessels fishing in this closed area
for species other than scallops must stow scallop dredge gear in
accordance with the provisions of Sec. 648.23(b). The Virginia Beach
Closed Area (copies of a chart depicting this area are available from
the Regional Administrator upon request) is defined by straight lines
connecting the following points in the order stated: * * *
* * * * *
9. Effective June 14, 2000, Sec. 648.58(c)(3)(i) and (ii) are
revised to read as follows:
Sec. 648.58 Sea Scallop Exemption Program.
* * * * *
(c) * * *
(3) Declaration. (i) The vessel must submit a report through the
VMS e-mail messaging system at least 15 days prior to the opening of
each Sea Scallop Exemption Area season, as specified in paragraphs
(b)(1) through (b)(3) of this section, of its intention to fish in the
respective Exemption Areas, along with the following information:
Vessel name and permit number, owner and operator's name, owner and
operator's phone numbers, and number of trips anticipated for the Sea
Scallop Exemption Area in question.
(ii) In addition to the requirements described in paragraph
(c)(3)(i) of this section, and for the purpose of selecting vessels for
observer deployment, a vessel must provide notice to NMFS, as to the
time and port of departure at least 5 working days prior to the
beginning of any trip on which it declares into the Sea Scallop
Exemption Program.
* * * * *
10. Effective June 15, 2000, Sec. 648.58 is revised to read as
follows:
Sec. 648.58 Sea Scallop Exemption Program.
(a) Eligibility. All scallop vessels issued a limited access
scallop permit may fish in the Sea Scallop Exemption Areas, as
described in paragraphs (b)(1) through (b)(3) of this section, for the
times specified in paragraphs (b)(1) through (b)(3) of this section,
when fishing under a scallop DAS, provided the vessel complies with the
requirements of this section. Copies of a chart depicting these areas
are available from the Regional Administrator upon request.
(b) Sea Scallop Exemption Areas--(1) Closed Area II Sea Scallop
Exemption Area. During June 15, 2000, through August 14, 2000, eligible
vessels may fish in the Closed Area II Sea Scallop Exemption Area,
which is the area defined by straight lines connecting the following
points in the order stated:
Closed Area II Sea Scallop Exemption Area
----------------------------------------------------------------------------------------------------------------
Point N. Lat. W. Long.
----------------------------------------------------------------------------------------------------------------
CII1 41 deg.00' 67 deg.20'
CII2 41 deg.00' 66 deg.35.8'
G5 41 deg.18.6' 66 deg.24.8'(on U.S./Canada Maritime Boundary)
SC1 41 deg.30' 66 deg.34.8'(on U.S./Canada Maritime Boundary)
SC2 41 deg.30' 67 deg.20'
CII1 41 deg.00' 67 deg.20'
----------------------------------------------------------------------------------------------------------------
(2) The Nantucket Lightship Sea Scallop Exemption Area. During
August 15, 2000, through September 30, 2000, eligible vessels may fish
in the Nantucket Lightship Sea Scallop Exemption Area, which is the
area defined by straight lines connecting the following points in the
order stated:
Nantucket Lightship Sea Scallop Exemption Area
----------------------------------------------------------------------------------------------------------------
Point N. Lat. W. Long.
----------------------------------------------------------------------------------------------------------------
G10 40 deg.50' 69 deg.00'
SC7 40 deg.30' 69 deg.00'
SC8 40 deg.30' 69 deg.14.5'
SC9 40 deg.50' 69 deg.29'
G10 40 deg.50' 69 deg.00'
----------------------------------------------------------------------------------------------------------------
(3) The Closed Area I Sea Scallop Exemption Area. During October 1,
2000, through December 31, 2000, eligible vessels may fish in the
Closed Area I Sea Scallop Exemption Area, which is the area defined by
straight lines connecting the following points in the order stated:
Closed Area I Sea Scallop Exemption Area
----------------------------------------------------------------------------------------------------------------
Point N. Lat. W. Long.
----------------------------------------------------------------------------------------------------------------
SC3 41 deg.04.5' 69 deg.1.2'
SC4 41 deg.09' 68 deg.30'
CI4 41 deg.30' 68 deg.30'
SC5 41 deg.30' 68 deg.35'
SC6 41 deg.08' 69 deg.4.2'
SC3 41 deg.04.5' 69 deg.1.2'
----------------------------------------------------------------------------------------------------------------
[[Page 37913]]
(c) Requirements. To fish in the Sea Scallop Exemption Areas under
the Sea Scallop Exemption Program an eligible vessel must comply with
the following requirements:
(1) Season. The vessel may only fish in the Sea Scallop Exemption
Areas under the Sea Scallop Exemption Program during the respective
times and areas specified in paragraphs (b)(1) through (b)(3) of this
section, unless otherwise specified by notification in the Federal
Register.
(2) VMS. The vessel must have installed on board an operational VMS
unit that meets the minimum performance criteria specified in
Sec. 648.9(b) or as modified in Sec. 648.9(a).
(3) Declaration. (i) The vessel must submit a report through the
VMS e-mail messaging system at least 15 days prior to the opening of
each Sea Scallop Exemption Area season, as specified in paragraphs
(b)(1) through (b)(3) of this section, of its intention to fish in the
respective Exemption Areas, along with the following information:
Vessel name and permit number, owner and operator's name, owner and
operator's phone numbers, and number of trips anticipated for the Sea
Scallop Exemption Area in question.
(ii) In addition to the requirements described in paragraph
(c)(3)(i) of this section, and for the purpose of selecting vessels for
observer deployment, a vessel must provide notice to NMFS, as to the
time and port of departure at least 5 working days prior to the
beginning of any trip on which it declares into the Sea Scallop
Exemption Program.
(iii) On the day the vessel leaves port to fish under the Sea
Scallop Exemption Program, the vessel owner or operator must declare
into the Program through the VMS, in accordance with instructions to be
provided by the Regional Administrator prior to leaving port.
(4) Number of trips. (i) Full and part time vessels. Unless
otherwise specified by notification in the Federal Register, full and
part time vessels will be restricted to the following number of trips
depending on the Exemption Area fished:
(A) When fishing in the Closed Area II Sea Scallop Exemption Area,
as defined in paragraph (b)(1) of this section, vessels are restricted
to no more than three trips.
(B) When fishing in the Nantucket Lightship Sea Scallop Exemption
Area, as defined in paragraph (b)(2) of this section, vessels are
restricted to no more than one trip.
(C) When fishing in the Closed Area I Sea Scallop Exemption Area,
as defined in paragraph (b)(3) of this section, vessels are restricted
to no more than two trips.
(ii) Occasional scallop vessels. Occasional vessels may only fish
one trip under the Sea Scallop Exemption Program. This trip may be
conducted in any one of the Sea Scallop Exemption Areas during the
respective seasons, as described in paragraphs (b)(1) through (b)(3) of
this section.
(5) Area fished. A vessel that has declared a trip into the Sea
Scallop Exemption Program must not fish for, catch, or harvest scallops
from outside of the specific Sea Scallop Exemption Area fished during
that trip and must not enter or exit the specific Exemption Area fished
more than once per trip.
(6) Possession limits. (i) Unless otherwise authorized by the
Regional Administrator as specified in paragraph (e) of this section, a
vessel declared into the Sea Scallop Exemption Program may possess and
land up to 10,000 lb (4,536.0 kg) of scallop meats per trip, with a
maximum of 400 lb (181.4 kg) of the possession limit originating from
50 bu (176.1 L) of in-shell scallops.
(ii) The vessel may possess and land up to 1,000 lb (453.6 kg) of
regulated multispecies, unless otherwise restricted under
Sec. 648.86(a)(2)(i) or (b), or the vessel is carrying a NMFS approved
sea sampler or observer on board the vessel. A vessel carrying an
approved sea sampler or observer may possess all regulated multispecies
caught, provided the regulated multispecies in excess of 1,000 lb
(453.6 kg) are donated to a bonafide charity. A vessel subject to the
1,000-lb (453.6-kg) possession limit must separate all regulated
multispecies onboard from other species of fish so as to be readily
available for inspection.
(7) Gear restrictions. The vessel must fish with or possess scallop
dredge gear only in accordance with the dredge vessel restrictions
specified under Sec. 648.51(b), except that the mesh size of a net, net
material, or any other material on the top of a scallop dredge in use
by or in possession of the vessel shall not be smaller than 10.0 inches
(25.40 cm) square or diamond mesh.
(8) Transiting. When transiting to and from the Sea Scallop
Exemption Areas, all gear on board must be properly stowed and not
available for immediate use in accordance with the provisions of
Sec. 648.23(b).
(9) Off-loading restrictions. The vessel may not off-load its sea
scallop catch at more than one location.
(10) Reporting. The owner or operator must submit reports through
the VMS, in accordance with instructions to be provided by the Regional
Administrator, for each day fished when declared in the Sea Scallop
Exemption Program. The reports must be submitted in 24-hour intervals
no later than 0900 hours of the preceding day, beginning at 0000 hours
and ending at 2400 hours each day, and include the following
information:
(i) Total pounds/kilograms of scallop meats kept; the Fishing
Vessel Trip Report log page number; and
(ii) For each trip that the vessel has a NMFS approved observer on
board, the total pounds/kilograms of scallop meats kept, Fishing Vessel
Trip Report log page number and total pounds/kilograms of yellowtail
flounder caught on tows that were observed by a NMFS approved observer.
(d) Accrual of DAS. A scallop vessel that has declared a fishing
trip into the Sea Scallop Exemption Program of this section shall have
a minimum of 10 DAS deducted from its DAS allocation, regardless of
whether the actual number of DAS used during the trip is less than 10.
Trips that exceed 10 DAS will be counted as actual time.
(e) Adjustments to possession limits and number of trips--(1)
Adjustment process for sea scallop possession limit and number of trips
for Closed Area I and the Nantucket Lightship Closed Area. If the
scallop and yellowtail flounder catch in the Nantucket Lightship and/or
the Closed Area I Sea Scallop Exemption Areas is less than the scallop
TAC and yellowtail flounder TAC specified under paragraphs (f)(1) and
(f)(2) of this section, the Regional Administrator may adjust the sea
scallop possession limit, and/or allocate one or more additional trips
for full and part-time limited access sea scallop vessels for the
Nantucket Lightship and/or the Closed Area I Sea Scallop Exemption
Areas during the month of January 2001. This adjustment may be made if
the Regional Administrator determines that such adjustment will likely
allow the scallop TAC to be reached without exceeding it. Notification
of this adjustment to the possession limit and/or trip limit will be
provided to the vessel through a permit holder letter issued by the
Regional Administrator. Occasional permitted vessels would not be
allocated an additional trip.
(2) Increase of possession limit to defray costs of observers--(i)
Defraying the costs of observers. The Regional Administrator may
increase the sea scallop possession limit specified under paragraph
(c)(6) of this section for a vessel, subject to the limit on the
cumulative amount of sea scallops allocated to defray costs of
observers by areas as specified in paragraph (e)(2)(ii)(A) of this
section, that has
[[Page 37914]]
declared a fishing trip into the Sea Scallop Exemption Program if a
NMFS approved observer is on board the vessel. Notification of this
increase of the possession limit will be provided to the vessel through
a Letter of Authorization issued by the Regional Administrator. The
amount of the possession limit increase will be determined by the
Regional Administrator and the vessel owner will be responsible for
paying the cost of the observer, regardless of whether the vessel lands
or sells sea scallops on that trip.
(ii) Observer set-aside limits on increases of possession limits by
area. (A) The cumulative amount of scallops authorized under this part
to be taken by vessels in excess of the possession limits specified
under paragraph (c)(6) of this section to defray the cost of an
observer shall not exceed the following for each sea scallop exemption
area:
(1) Closed area II--60 mt
(2) Nantucket Lightship--50 mt
(3) Closed area I--64 mt.
(B) [Reserved]
(iii) Notification of observer set aside limit. NMFS shall publish
notification in the Federal Register of the date that the Regional
Administrator projects that the observer set aside limit will be
caught.
(3) Adjustments to possession limits and/or number of trips to
defray the costs of sea scallop research--(i) Defraying the costs of
sea scallop research. The Regional Administrator may increase the sea
scallop possession limit specified in paragraph (c)(6) of this section
or allow additional trips into a Sea Scallop Exemption Area, subject to
the limits on the cumulative amount of sea scallops and yellowtail
flounder allocated to defray costs for sea scallop research as
specified in paragraph (e)(3)(ii) of this section.
(ii) Sea scallop research set-aside limits on adjustments to
possession limits and number of trips by area. (A) Sea scallop set
aside for sea scallop research. The cumulative amount of scallops
authorized under this part to be taken by vessels in excess of the
possession limits specified under (c)(6) for purposes of defraying the
cost of sea scallop research shall not exceed the following for each
sea scallop exemption area:
(1) Closed area II--30 mt
(2) Nantucket Lightship--25 mt
(3) Closed area I--32 mt.
(B) Yellowtail flounder research set aside. The cumulative amount
of yellowtail flounder catch authorized under this part to be taken by
vessels in excess of the possession limits specified in (c)(6) for
purposes of defraying the cost of sea scallop research shall not exceed
the following for each sea scallop exemption area:
(1) Closed areas I and II--7.25 mt
(2) Nantucket Lightship--0.5 mt.
(C) NMFS shall publish notification in the Federal Register of the
date that the Regional Administrator projects that these set aside
limits will be caught.
(iii) Adjustment procedure. (A) Determinations as to which vessel
may be authorized to take more than the trip limits specified at
(e)(3)(i) of this section or to take additional trips for the purposes
of defraying sea scallop research costs shall be made by NMFS, in
cooperation with the Council. At a minimum applicants shall submit a
scallop proposal under this program and a project summary that
includes: the project goals and objectives, relationship of sea scallop
research to management needs or priorities identified by the Council,
project design, participants other than applicant, funding needs,
breakdown of costs, and vessel(s) identified to be authorized as
specified under paragraph (e)(3)(iii)(B) of this section.
(B) NOAA will make the final determination as to what proposals are
approved and which vessels are authorized to take scallops in excess of
possession limits or additional trips. Authorization to increase
possession limits and/or number of trips will be provided to the vessel
by Letter of Authorization issued by the Regional Administrator.
(iv) Project Report Procedure. Upon completion of its sea scallop
research, the researcher of approved projects must provide the Council
with a report of its findings, which includes:
(A) A detailed description of methods of data collection and
analyses;
(B) A discussion of results and any relevant conclusions presented
in a format that is understandable to a non-technical audience; and
(C) A detailed final accounting of all funds used to conduct the
sea scallop research.
(f) Termination of the Sea Scallop Exemption Area Fisheries--(1)
Termination of sea scallop exemption area fisheries when the scallop
TAC is exceeded--(i) Closed Area II Sea Scallop Exemption Area. NMFS
shall terminate the Closed Area II Sea Scallop Exemption Area fishery
as of the date the Regional Administrator projects that 2,934 mt of
Closed Area II sea scallops will be caught by vessels fishing in the
Sea Scallop Exemption Program described in this section. NMFS shall
publish notification of the termination in the Federal Register.
(ii) Nantucket Lightship Sea Scallop Exemption Area. NMFS shall
terminate the Nantucket Lightship Sea Scallop Exemption Area fishery as
of the date the Regional Administrator projects that 2,445 mt of
Nantucket Lightship sea scallops will be caught by vessels fishing in
the Sea Scallop Exemption Program described in this section. NMFS shall
publish notification of the termination in the Federal Register.
(iii) Closed Area I Sea Scallop Exemption Area. NMFS shall
terminate the Closed Area I Sea Scallop Exemption Area fishery as of
the date the Regional Administrator projects that 3,111 mt of Closed
Area I sea scallops will be caught by vessels fishing in the Sea
Scallop Exemption Program described in this section. NMFS shall publish
notification of the termination in the Federal Register.
(2) Termination of sea scallop exemption area fisheries when the
yellowtail flounder TAC is exceeded--(i) Closed Area II and Closed Area
I Sea Scallop Exemption Areas. NMFS shall terminate the Closed Area II
and Closed Area I Sea Scallop Exemption Area fisheries as of the date
the Regional Administrator projects that the 717.75 mt of Georges Bank
yellowtail flounder will be caught by vessels fishing in the Sea
Scallop Exemption Program described in this section. NMFS shall publish
notification of the termination in the Federal Register.
(ii) Nantucket Lightship Sea Scallop Exemption Area. NMFS shall
terminate the Nantucket Lightship Sea Scallop Exemption Area fishery as
of the date the Regional Administrator projects that the 49.5 mt of
Southern New England yellowtail flounder will be caught by vessels
fishing in the Sea Scallop Exemption Program described in this section.
NMFS shall publish notification of the termination in the Federal
Register.
(g) Transiting. (1) Closed Area II. Limited access sea scallop
vessels may not enter, fish, or be in the area known as the Closed Area
II Sea Scallop Exemption Area described in paragraph (b)(1) of this
section unless the operator has determined that there is a compelling
safety reason and the vessel's fishing gear is stowed in accordance
with the requirements of Sec. 648.23(b).
(2) The Nantucket Lightship Closed Area and Closed Area I. Limited
access sea scallop vessels fishing under a scallop DAS that have not
declared a trip into the Sea Scallop Exemption Program may not enter,
fish, or be in the areas known as the Nantucket Lightship and Closed
Area I Sea Scallop Exemption Areas described in
[[Page 37915]]
paragraphs (b)(2) and (b)(3), respectively, of this section, unless the
vessel's fishing gear is stowed in accordance with the requirements of
Sec. 648.23(b).
(h) VMS Polling. For the duration of the Sea Scallop Exemption
Program, as described under this section, all sea scallop limited
access vessels equipped with a VMS unit will be polled twice per hour,
regardless of whether the vessel is enrolled in the Sea Scallop
Exemption Program.
11. In Sec. 648.80, paragraphs (a)(2)(iii), (b)(2)(iii),
(b)(6)(i)(C) and (b)(9)(i)(E) are revised to read as follows:
Sec. 648.80 Multispecies Regulated mesh areas and restrictions on gear
and methods of fishing.
* * * * *
(a) * * *
(2) * * *
(iii) Other restrictions and exemptions. Vessels are prohibited
from fishing in the GOM/GB Regulated Mesh Area except if fishing with
exempted gear (as defined under this part) or under the exemptions
specified in paragraphs (a)(3), (a)(4), (a)(6), (a)(8) through (a)(13),
(d), (e), (h), and (i) of this section, if fishing under a NE
multispecies DAS, if fishing under the small vessel exemption specified
in Sec. 648.82((b)(3), if fishing under the scallop state waters
exemptions specified in Sec. 648.54 and (a)(10) of this section, if
fishing under a scallop DAS in accordance with paragraph (h), or if
fishing pursuant to a NE multispecies open access Charter/Party or
Handgear permit. Any gear on a vessel, or used by a vessel, in this
area must be authorized under one of these exemptions or must be stowed
as specified in Sec. 648.23(b).
* * * * *
(b) * * *
(2) * * *
(iii) Other restrictions and exemptions. Vessels are prohibited
from fishing in the SNE Regulated Mesh Area except if fishing with
exempted gear (as defined under this part) or under the exemptions
specified in paragraphs (b)(3), (b)(5) through (9), (c), (e), (h), and
(i) of this section, if fishing under a NE multispecies DAS, if fishing
under the small vessel exemption specified in Sec. 648.82(b)(3), if
fishing under a scallop state waters exemption specified in
Sec. 648.54, if fishing under a scallop DAS in accordance with
paragraph (h), or if fishing pursuant to a NE multispecies open access
Charter/Party or Handgear permit. Any gear on a vessel, or used by a
vessel, in this area must be authorized under one of these exemptions
or must be stowed as specified in Sec. 648.23(b).
* * * * *
(6) * * *
(i) * * *
(C) All nets with a mesh size smaller than the minimum mesh size
specified in paragraph (b)(6)(i)(B) of this section must be stowed as
specified in Sec. 648.23(b).
* * * * *
(9) * * *
(i) * * *
(E) All nets with a mesh size smaller than the minimum mesh size
specified in paragraph (b)(9)(i)(D) of this section must be stowed in
accordance with one of the methods described under Sec. 648.23(b) while
fishing under this exemption.
* * * * *
12. In Sec. 648.81, the section heading, introductory paragraphs
(a)(1), (b)(1), and (c)(1) and paragraph (d) are revised and paragraph
(e) is removed and reserved as follows:
Sec. 648.81 Closed areas.
(a) Closed Area I. (1) No fishing vessel or person on a fishing
vessel may enter, fish, or be in the area known as Closed Area I
(copies of a chart depicting this area are available from the Regional
Administrator upon request), as defined by straight lines connecting
the following points in the order stated, except as specified in
paragraphs (a)(2) and (d) of this section, or unless exempt under the
Sea Scallop Exemption Program specified under Sec. 648.58 during the
time and in the portion of Closed Area I described in
Sec. 648.58(b)(3):
* * * * *
(b) Closed Area II. (1) No fishing vessel or person on a fishing
vessel may enter, fish, or be in the area known as Closed Area II
(copies of a chart depicting this area are available from the Regional
Administrator upon request), as defined by straight lines connecting
the following points in the order stated, except as specified in
paragraph (b)(2) of this section, or unless exempt under the Sea
Scallop Exemption Program specified under Sec. 648.58 during the time
and in the portion of Closed Area II described in Sec. 648.58(b)(1):
* * * * *
(c) Nantucket Lightship Closed Area. (1) No fishing vessel or
person on a fishing vessel may enter, fish, or be in the area known as
the Nantucket Lightship Closed Area (copies of a chart depicting this
area are available from the Regional Administrator upon request), as
defined by straight lines connecting the following points in the order
stated, except as specified in paragraphs (c)(2) and (d) of this
section, or unless exempt under the Sea Scallop Exemption Program
specified under Sec. 648.58 during the time and in the portion of the
Nantucket Lightship Closed Area described in Sec. 648.58(b)(2):
* * * * *
(d) Transiting. A vessel may transit Closed Area I, the Nantucket
Lightship Closed Area, the GOM Rolling Closure Areas, the Cashes Ledge
Closure Area, the Western GOM Closure Area, the Georges Bank Seasonal
Area Closure and the Conditional Cashes Ledge and Gulf of Maine Rolling
Closure Areas (if applicable), as defined in paragraphs (a)(1), (c)(1),
(f)(1), (g)(1), (h)(1), (i)(1), (n)(1) and (o)(1), respectively, of
this section, provided that its gear is stowed in accordance with the
provisions of Sec. 648.23(b).
* * * * *
13. In Sec. 648.82, paragraph (k)(1)(iv)(A) is revised to read as
follows:
Sec. 648.82 Effort-control program for multispecies limited access
vessels.
* * * * *
(k) * * *
(1) * * *
(iv) * * *
(A) During each fishing year, vessels must declare, and take, a
total of 120 days out of the non-exempt gillnet fishery. Each period of
time declared and taken must be a minimum of 7 consecutive days. At
least 21 days of this time must be taken between June 1 and September
30 of each fishing year. The spawning season time out period required
by Sec. 648.82(g) will be credited toward the 120 days time out of the
non-exempt gillnet fishery. If a vessel owner has not declared and
taken, any or all of the remaining periods of time required by the last
possible date to meet these requirements, the vessel is prohibited from
fishing for, possessing, or landing regulated multispecies or non-
exempt species harvested with gillnet gear, and from having gillnet
gear on board the vessel that is not stowed in accordance with
Sec. 648.23(b), while fishing under a multispecies DAS, from that date
through the end of the period between June 1 and September 30, or
through the end of the fishing year, as applicable.
* * * * *
14. In Sec. 648.86, paragraphs (a)(2)(iii), (b)(3), (b)(4),
(d)(1)(i), (d)(1)(ii) and (d)(1)(iii) are revised to read as follows:
Sec. 648.86 Multispecies possession restrictions.
* * * * *
(a) * * *
(2) * * *
(iii) Except for vessels fishing under the Sea Scallop Exemption
Program,
[[Page 37916]]
from July 1 through December 31, 2000, as provided in
Sec. 648.58(c)(6)(ii), or unless otherwise authorized by the Regional
Administrator as specified in paragraph (f) of this section, scallop
dredge vessels or persons owning or operating a scallop dredge vessel
that is fishing under a scallop DAS allocated under Sec. 648.53 may
land or possess on board up to 300 lb (136.1 kg) of haddock, provided
that the vessel has at least one standard tote on board. This
restriction does not apply to vessels issued NE multispecies
Combination Vessel permits that are fishing under a multispecies DAS.
Haddock on board a vessel subject to this possession limit must be
separated from other species of fish and stored so as to be readily
available for inspection.
* * * * *
(b) * * *
(3) Transiting. A vessel that has exceeded the cod landing limit as
specified in paragraph (b)(1) of this section, and is, therefore,
subject to the requirement to remain in port for the period of time
described in paragraph (b)(1)(ii)(A) of this section may transit to
another port during this time, provided that the vessel operator
notifies the Regional Administrator (see Table 1 to Sec. 600.502 of
this chapter) either at the time the vessel reports its hailed weight
of cod or at a later time prior to transiting and provides the
following information: vessel name and permit number, destination port,
time of departure, and estimated time of arrival. A vessel transiting
under this provision must stow its gear in accordance with one of the
methods specified in Sec. 648.23(b) and may not have any fish on board
the vessel.
(4) Exemption. A vessel fishing under a NE multispecies DAS is
exempt from the landing limit described in paragraph (b)(1) of this
section when fishing south of a line beginning at the Cape Cod, MA
coastline at 42 deg.00' N. lat. and running eastward along 42 deg.00'
N. lat. until it intersects with 69 deg.30' W. long., then northward
along 69 deg.30' W. long. until it intersects with 42 deg.20' N. lat.,
then eastward along 42 deg.20' N. lat. until it intersects with
67 deg.20' W. long., then northward along 67 deg.20' W. long. until it
intersects with the U.S.-Canada maritime boundary, provided that it
does not fish north of this exemption area for a minimum of 30
consecutive days (when fishing under the multispecies DAS program), and
has on board an authorization letter issued by the Regional
Administrator. Vessels exempt from the landing limit requirement may
transit the GOM/GB Regulated Mesh Area north of this exemption area,
provided that their gear is stowed in accordance with one of the
provisions of Sec. 648.23(b).
* * * * *
(d) * * *
(1) * * *
(i) Vessels using mesh size smaller than 2.5 in (6.35 cm) and
vessels without a letter of authorization. Owners or operators of
vessels fishing for, in possession of, or landing small-mesh
multispecies with, or having on board except as provided herein, nets
of mesh size smaller than 2.5 in (6.35 cm) (as applied to the part of
the net specified at (d)(1)(iv) of this section), and, vessels that
have not been issued a letter of authorization pursuant to paragraph
(d)(1)(ii) or (d)(1)(iii) of this section may possess on board and land
up to only 3,500 lb (1,588 kg) of combined silver hake and offshore
hake. This possession limit on small-mesh multispecies does not apply
if all nets with mesh size smaller than 2.5 in (6.35 cm) have not been
used to catch fish for the entire fishing trip and the nets have been
properly stowed pursuant to Sec. 648.23(b), and the vessel is fishing
with a mesh size and a letter of authorization as specified in
paragraphs (d)(1)(ii), (d)(1)(iii) and (d)(2) of this section. Silver
hake and offshore hake on board a vessel subject to this possession
limit must be separated from other species of fish and stored so as to
be readily available for inspection. The vessel is subject to
applicable restrictions on gear, area, and time of fishing specified in
Sec. 648.80 and any other applicable provision of this part.
(ii) Vessels authorized to use nets of mesh size 2.5 in (6.35 cm)
or greater. Except as provided in paragraph (d)(3) of this section,
owners and operators of vessels issued a valid letter of authorization
pursuant to paragraph (d)(2) of this section authorizing the use of
nets of mesh size 2.5 in (6.35 cm) or greater, may fish for, possess,
and land small-mesh multispecies up to only 7,500 lb (3,402 kg)
combined silver hake and offshore hake when fishing with nets of a
minimum mesh size of 2.5 in (6.35 cm) (as applied to the part of the
net specified in (d)(1)(iv) of this section), provided that any nets of
mesh size smaller than 2.5 in (6.35 cm) have not been used to catch
such fish and are properly stowed pursuant to Sec. 648.23(b) for the
entire trip. Silver hake and offshore hake on board a vessel subject to
this possession limit must be separated from other species of fish and
stored so as to be readily available for inspection. The vessel is
subject to applicable restrictions on gear, area, and time of fishing
specified in Sec. 648.80 and any other applicable provision of this
part.
(iii) Vessels authorized to use nets of mesh size 3 in (7.62 cm) or
greater. Except as provided in paragraph (d)(3) of this section, owners
and operators of vessels issued a valid letter of authorization
pursuant to paragraph (d)(2) of this section authorizing the use of
nets of mesh size 3 in (7.62 cm) or greater, may fish for, possess, and
land small-mesh multispecies up to only 30,000 lb (13,608 kg) combined
silver hake and offshore hake when fishing with nets of a minimum mesh
size of 3 in (7.62 cm) (as applied to the part of the net specified in
(d)(1)(iv) of this section), provided that any nets of mesh size
smaller than 3 in (7.62 cm) have not been used to catch such fish and
are properly stowed pursuant to Sec. 648.23(b) for the entire trip.
Silver hake and offshore hake on board a vessel subject to this
possession limit must be separated from other species of fish and
stored so as to be readily available for inspection. The vessel is
subject to applicable restrictions on gear, area, and time of fishing
specified in Sec. 648.80 and any other applicable provision of this
part.
* * * * *
15. In Sec. 648.87, introductory text to paragraphs (a) and (b) are
revised to read as follows:
Sec. 648.87 Gillnet requirements to reduce or prevent marine mammal
takes.
(a) Areas closed to gillnet gear capable of catching multispecies
to reduce harbor porpoise takes. All persons owning or operating
vessels in the EEZ portion of the areas and times specified in
paragraphs (a)(1), through (a)(4) of this section must remove all of
their sink gillnet gear and other gillnet gear capable of catching
multispecies, with the exception of single pelagic gillnets (as
described in Sec. 648.81(g)(2)(ii)), and may not use, set, haul back,
fish with, or possess on board, unless stowed in accordance with the
requirements of Sec. 648.23(b), sink gillnet gear or other gillnet gear
capable of catching multispecies, with the exception of single pelagic
gillnet gear (as described in Sec. 648.81(g)(2)(ii)) in the EEZ portion
of the areas and for the times specified in paragraphs (a)(1) through
(a)(4) of this section. Also, all persons owning or operating vessels
issued a limited access multispecies permit must remove all of their
sink gillnet gear and other gillnet gear capable of catching
multispecies, with the exception of single pelagic gillnets (as
described in Sec. 648.81(g)(2)(ii)), from the areas and for the times
specified in paragraphs (a)(1) through (a)(4) of this
[[Page 37917]]
section, and may not use, set, haul back, fish with, or possess on
board, unless stowed in accordance with the requirements of
Sec. 648.23(b), sink gillnets or other gillnet gear capable of catching
multispecies, with the exception of single pelagic gillnets (as
described in Sec. 648.81(g)(2)(ii)) in the areas and for the times
specified in paragraphs (a)(1) through (a)(4) of this section.
* * * * *
(b) Areas closed to gillnet gear capable of catching multispecies
to prevent right whale takes. All persons owning or operating vessels
must remove all of their sink gillnet gear and gillnet gear capable of
catching multispecies, with the exception of single pelagic gillnets
(as described in Sec. 648.81(g)(2)(ii)), from the EEZ portion of the
areas and for the times specified in paragraphs (b)(1) and (2) of this
section, and may not use, set, haul back, fish with, or possess on
board, unless stowed in accordance with the requirements of
Sec. 648.23(b), sink gillnet gear or gillnet gear capable of catching
multispecies, with the exception of single pelagic gillnet gear (as
described in Sec. 648.81(g)(2)(ii)) in the EEZ portion of the areas and
for the times specified in paragraphs (b)(1) and (2) of this section.
Also, all persons owning or operating vessels issued a limited access
multispecies permit must remove all of their sink gillnet gear and
other gillnet gear capable of catching multispecies, with the exception
of single pelagic gillnets (as described in Sec. 648.81(g)(2)(ii)),
from the areas and for the times specified in paragraphs (b)(1) and (2)
of this section, and, may not use, set, haul back, fish with, or
possess on board, unless stowed in accordance with the requirements of
Sec. 648.23(b), sink gillnet gear or other gillnet gear capable of
catching multispecies, with the exception of single pelagic gillnets
(as described in Sec. 648.81(g)(2)(ii)) in the areas and for the times
specified in paragraphs (b)(1) and (2) of this section.
* * * * *
16. In Sec. 648.88, paragraph (c) is revised to read as follows:
Sec. 648.88 Multispecies open access permit restrictions.
* * * * *
(c) Scallop multispecies possession limit permit. Except as
provided in Sec. 648.58(c)(6)(ii) for vessels fishing under the Sea
Scallop Exemption Program, a vessel that has been issued a valid open
access scallop multispecies possession limit permit may possess and
land up to 300 lb (136.1 kg) of regulated species when fishing under a
scallop DAS allocated under Sec. 648.53, provided the vessel does not
fish for, possess, or land haddock from January 1 through June 30 as
specified under Sec. 648.86(a)(2)(i), and provided the vessel has at
least one standard tote on board.
* * * * *
17. In Sec. 648.89, paragraph (a) is revised to read as follows:
Sec. 648.89 Recreational and charter/party restrictions.
(a) Recreational gear restrictions. Persons aboard charter or party
vessels permitted under this part and not fishing under the DAS
program, and recreational fishing vessels in the EEZ, are prohibited
from fishing with more than two hooks per line and one line per angler
and must stow all other fishing gear on board the vessel as specified
under Sec. 648.23(b).
* * * * *
18. In Sec. 648.91, paragraph (c)(2)(ii) is revised to read as
follows:
Sec. 648.91 Monkfish regulated mesh areas and restrictions on gear and
methods of fishing.
* * * * *
(c) * * *
(2) * * *
(ii) All other non-conforming gear must be stowed as specified in
Sec. 648.23(b).
* * * * *
19. In Sec. 648.94, paragraph (e) is revised to read as follows:
Sec. 648.94 Monkfish possession and landing restrictions.
* * * * *
(e) Transiting. A vessel that has declared into the NFMA for the
purpose of fishing for monkfish, or a vessel that is subject to less
restrictive measures in the NFMA, may transit the SFMA, provided that
the vessel does not harvest or possess monkfish from the SFMA and that
the vessel's fishing gear is properly stowed and not available for
immediate use in accordance with Sec. 648.23(b).
* * * * *
[FR Doc. 00-15360 Filed 6-14-00; 2:17 pm]
BILLING CODE 3510-22-F