Atlantic Sea Scallop Fishery

DEPARTMENT OF COMMERCE

50 CFR Part 650

[I.D. 010394A]

Atlantic Sea Scallop Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary adjustment of the meat count/shell height standards.

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SUMMARY: NMFS issues this notice to implement a temporary adjustment of

the meat count and shell height standards for the Atlantic sea scallop

fishery. Its purpose is to take into account the fact that at the end

of the spawning season, the scallop resource is dominated by small

scallops. This action increases the average meat count standard to 33

meats per pound (MPP) (33 meats per 0.45 kg) and the shell height

standard to 3\11/16\ inches (94 mm).

EFFECTIVE DATES: February 1, 1994, through February 28, 1994.

FOR FURTHER INFORMATION CONTACT:

Paul H. Jones, Resource Policy Analyst, Fishery Management Operations,

NMFS, Northeast Regional Office, 508-281-9273.

SUPPLEMENTARY INFORMATION: Regulations at 50 CFR part 650 implementing

the Fishery Management Plan for Atlantic sea scallops (FMP) authorize

the Director, Northeast Region, NMFS (Regional Director), to adjust

temporarily the meat count/shell height standards (standards) upon

finding that specific criteria are met. These criteria, which appear at

Sec. 650.22(c), include the finding that: (1) The objective of the FMP

would be achieved more readily, or would be better served through an

adjustment of the standards; (2) the recommended alteration in the

standards would not reduce expected catch over the following year by

more than 5 percent from that which would have been expected under the

prevailing standard; (3) the recommended standards for meat count and

shell height are consistent with each other; and (4) 50 percent of the

harvestable biomass is at scallop sizes smaller than those consistent

with the prevailing standards, and a temporary relaxation of the

standards would not jeopardize future recruitment to the fishery.

Adjustments of the standards may remain in effect for up to twelve

months.

After consideration of the criteria, the Regional Director made a

proposal to adjust the standards. In accordance with the regulations, a

public hearing was held during the December 9, 1993, New England

Fishery Management Council (Council) meeting and comments on this

recommendation were solicited. Attendance at the public hearing was

low; only one State Director and one member of the industry commented.

The comments were in support of the recommended adjustment. No written

comments were received on the recommendation.

After consideration of the full record, including: (1) Comments

from the public, (2) comments from the Council, (3) new resource and

assessment information, and (4) available information on the fishery

and the industry, the Regional Director has decided to adjust the

standards to 33 MPP (0.45 kg) with a corresponding shell height

standard of 3\11/16\ inches (94 mm) for the period February 1, 1994,

through February 28, 1994.

This adjustment to the standards coincides with the end of the 10

percent spawning season adjustment approved under Amendment 2 to the

FMP (53 FR 23634). This action was also taken in 1990, 1991, 1992, and

1993, at the end of the spawning season adjustment period. Survey

information shows that abundance and recruitment values for the sea

scallop resource are down and that the resource is dominated by small

scallops. This makes attaining an average MPP standard difficult

because of the scarcity of large scallops available for mixing. Vessel

costs increase because additional time and fuel must be spent in search

of large scallops, discard mortality increases on small scallops, and

landings decrease. These factors conflict with the objectives of the

FMP and, therefore, criterion 1 outlined above.

This action meets criterion 2 because it is not expected to reduce

catch over the following year by more than 5 percent.

Criterion 3 states that the meat count and shell height standards

will remain consistent with each other. Based on analysis of historical

survey data, the 33 MPP (0.45 kg) is consistent with a corresponding

shell height standard of 3\11/16\ inches (94 mm), thereby, conforming

with criterion 3.

Criterion 4 states that 50 percent of the harvestable biomass must

be at sizes smaller than the prevailing standard (30 MPP). Recent

survey results show that 50 percent of the harvestable biomass consists

of scallops smaller than 30 MPP. Thus this portion of criterion 4 is

met. Criterion 4 also states that a temporary relaxation of the

standards must not jeopardize future recruitment to the fishery. Sea

scallops have their first significant spawning at age four. Age four

sea scallops range from approximately 30 count to 50 count. The

Regional Director recognizes that caution must be exercised when

recommending a temporary adjustment to the meat count standard within

this range. It is unlikely, however, that an adjustment of this

magnitude, for a one month period, will jeopardize future recruitment

to the fishery.

This temporary adjustment will be effective February 1, 1994,

through February 28, 1994. During this period, the meat count standard

will be 33 MPP (33 meats per 0.45 kg) and the shell height standard

3\11/16\ inches (94 mm). After February 28, 1994, sea scallop FMP

Amendment 4 will be effective, and the meat count will no longer be in

use as a management measure.

List of Subjects in 50 CFR Part 650

Fisheries, Reporting and recordkeeping requirements.

Dated: January 13, 1994.

David S. Crestin,

Acting Director, Office of Fisheries Conservation and Management,

National Marine Fisheries Service.

[FR Doc. 94-1245 Filed 1-18-94; 8:45 am]

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