Atlantic Sea Scallop Fishery; Extension of Interim Final Rule Implementing Area Closures

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 980318065-8241-02; I.D. 030698B]

RIN 0648-AK68

Atlantic Sea Scallop Fishery; Extension of Interim Final Rule

Implementing Area Closures

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Interim final rule; extension of expiration date.

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SUMMARY: NMFS extends the existing closures to scallop fishing of two

Mid-Atlantic areas for an additional 180 days. These closures would

have expired on September 28, 1998. The extensions are necessary to

continue protection of high concentrations of juvenile scallops while

permanent measures are being developed by the New England Fishery

Management Council (Council).

DATES: Effective September 28, 1998, the interim final rule published

March 31, 1998, beginning at 63 FR 15324 is extended through March 26,

1999.

FOR FURTHER INFORMATION CONTACT: Paul H. Jones, Fishery Policy Analyst,

978-281-9273.

SUPPLEMENTARY INFORMATION:

Background

In December 1997, the New England and Mid-Atlantic Fishery

Management Councils (Councils) initially requested interim action to

implement management measures for the scallop fishery, which close an

area south of Hudson Canyon and a specific area off Virginia Beach to

scallop fishing. An interim rule to immediately implement these

measures was published on March 31, 1998 (63 FR 15324), with effective

dates of April 3, 1998, through September 27, 1998. A full discussion

of the status of the scallop stock and the need for interim action is

found in the preamble to the interim rule and is not repeated here. No

comments were received during the comment period.

In August 1998, the Council adopted these same measures as part of

proposed Amendment 7 to the Atlantic Sea Scallop Fishery Management

Plan (FMP). The Council also voted to adjust the days-at-sea reduction

schedule and to implement a 10-year stock rebuilding program beginning

in the 1999 fishing year to eliminate overfishing and comply with the

requirements of the Sustainable Fisheries Act. The Council plans to

submit Amendment 7 to the FMP in October 1998. However, if Amendment 7

is approved, the final rule to implement it will not be published

before the end of the effective period of the interim rule, thus

allowing a lapse between the end date of the interim rule and the final

rule implementing Amendment 7. This could leave the already overfished

scallop stock unprotected from increased exploitation. Both Councils

expressed support for the extension of the interim action at their

August 1998 meetings. Extending an interim action for up to an

additional 180 days is authorized under section 305(c) of the Magnuson-

Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act)

by publication in the Federal Register, provided the public has had an

opportunity to comment on the interim measure, and, in the case of a

Council recommendation for interim measures, the Council is actively

preparing an FMP, plan amendment, or proposed regulations to address

the overfishing on a permanent basis. This action meets both

requirements. The Council will soon submit Amendment 7, which will

address overfishing on a permanent basis, and the interim final rule

that implemented these closures requested public comment on the

measures (no comments were received during the comment period). The

extension would be in effect from September 28, 1998, through March 26,

1999, or until regulations implementing Amendment 7 become effective.

Classification

NMFS has determined that this rule is necessary to reduce

overfishing of sea scallops and is consistent with the

[[Page 51863]]

Magnuson-Stevens Act and with other applicable laws. The public is

aware that the Councils have requested this action and had an

opportunity to comment on it at Council meetings.

A delay in action to reduce overfishing increases the likelihood of

a loss of long-term productivity of the sea scallop resource and

increases the probable need for more severe restrictions in the future.

Accordingly, pursuant to the authority set forth at 5 U.S.C. 553(b)(B),

the Assistant Administrator finds that these reasons constitute good

cause to waive the requirement to provide prior notice and the

opportunity for public comment because such procedures would be

contrary to the public interest. Similarly, the need to implement these

measures in a timely manner to address overfishing of sea scallops

constitutes good cause under 5 U.S.C. 553(d)(3) to waive the 30-day

delay in effectiveness.

This interim rule has been determined to be not significant for

purposes of E.O. 12866.

Because prior notice and opportunity for public comment are not

required for this rule by 5 U.S.C. 553, or any other law, the

analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601

et seq., are inapplicable.

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: September 22, 1998.

Andrew A. Rosenberg,

Deputy Assistant Administrator for Fisheries, National Marine Fisheries

Service.

[FR Doc. 98-25933 Filed 9-24-98; 3:58 pm]

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