Fisheries of the Northeastern United States; Amendment 7 to the Atlantic Sea Scallop Fishery Management Plan

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 981202293-9075-02; I.D. 110998F]

RIN 0648-AJ33

Fisheries of the Northeastern United States; Amendment 7 to the

Atlantic Sea Scallop Fishery Management Plan

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues final regulations to implement Amendment 7 to the

Fishery Management Plan (FMP) for the Atlantic Sea Scallop Fishery.

Amendment 7 and these final regulations reduce the fishing mortality

rate in the Atlantic sea scallop fishery to eliminate overfishing and

to rebuild the biomass in accordance with the requirements of the

Sustainable Fisheries Act. Amendment 7 and these final regulations will

reduce substantially the level of fishing for Atlantic sea scallops in

the exclusive economic zone (EEZ) through fishing year 2008 by revising

the current fishing effort reduction schedule. The allowable days-at-

sea (DAS) for Atlantic sea scallop vessels will be reduced

significantly starting with fishing year 2000. A less severe reduction

is proposed for fishing year 1999. In addition, Amendment 7 and these

final regulations further modify the annual monitoring process,

increase the types of management measures that would be put into effect

through framework adjustments, and continue two Mid-Atlantic closed

areas until March 1, 2001. The intent of Amendment 7 and these final

regulations is to eliminate overfishing and to rebuild the stocks.

DATES: Effective April 28, 1999, except that amendments to

Sec. 648.14(a)(110) and (a)(111) and Sec. 648.57 are effective March

27, 1999, through March 1, 2001.

ADDRESSES: Copies of Amendment 7, its regulatory impact review (RIR),

final regulatory flexibility analysis (FRFA), the final supplemental

environmental impact statement (FSEIS), and the supporting documents

for Amendment 7 are available from Paul J. Howard, Executive Director,

New England Fishery Management Council, 5 Broadway, Saugus, MA 01906-

1036.

[[Page 14836]]

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

978-281-9273.

SUPPLEMENTARY INFORMATION: Amendment 7 to the FMP was prepared by the

New England Fishery Management Council (Council) in consultation with

the Mid-Atlantic Fishery Management Council. A notice of availability

for the proposed amendment was published on November 18, 1998 (63 FR

64032). The comment period on the amendment ended January 19, 1999. A

proposed rule, requesting public comment, was published on December 18,

1998 (63 FR 70093) with a comment period ending date of January 29,

1999. A complete discussion of the measures appears in the proposed

rule and is not repeated here.

Approved Management Measures

This amendment does the following: (1) Redefines overfishing; (2)

revises the existing fishing mortality reduction schedule through

fishing year 2008 to reduce the allowable DAS for Atlantic sea scallop

vessels in order to rebuild the scallop stock within 10 years; (3)

establishes an annual monitoring and review process to adjust

management measures to meet the stock rebuilding objectives; (4)

continues the Mid-Atlantic closed areas in order to protect high

concentrations of juvenile scallops; and (5) adds the following

management measures to be implemented and adjusted through framework

adjustment: Closed areas, changes in the overfishing definition, size

restrictions, aquaculture projects, and four DAS management options,

including leasing DAS. The stock rebuilding schedule will set the

allocation for fishing year 1999 at 120 DAS for full-time vessels. The

allocation for fishing year 2000 is reduced to 51 DAS for full-time

vessels and will remain low for the remainder of the 10-year rebuilding

period. The intent of Amendment 7 is to eliminate overfishing and to

rebuild the stock consistent with new requirements of the Magnuson-

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

Closed Areas

Under Amendment 7 and its implementing regulations, the two Mid-

Atlantic area closures, which are currently in effect, will remain

closed until March 1, 2001. These closures were implemented by interim

rules (March 31, 1998, 63 FR 15324, and September 29, 1998, 63 FR

51862) to protect high concentrations of juvenile scallops, and are

continued by this action. Fishers catching species other than scallops

will not be excluded from the closed areas.

Comments and Responses

Eleven comments were received on Amendment 7 and its proposed

regulations. Specific comments and responses on Amendment 7 and its

proposed regulations are provided here.

Comment: Several commenters supported implementation of Amendment

7.

Response: The comments have been noted, and the amendment is

approved.

Comment: Enforcing closed areas without the requirement of a vessel

monitoring system (VMS) is problematic.

Response: Except for vessels that have declared out of the scallop

fishery for repair or maintenance, all limited access full-time and

part-time scallop vessels are required to install a VMS. The VMS units

must be fully operational at all times and must transmit a signal

indicating a vessel's accurate position at least every hour, 24 hours a

day, without interruption, throughout the year. NMFS agrees that the

requirement of VMS is needed for effective enforcement of closed areas.

Comment: NMFS should refrain from implementing further DAS

reductions for one or two seasons and allow scallopers to continue at

142 DAS while plans for a vessel buyout are finalized.

Response: Under the baseline or status quo alternative, the DAS for

full-time vessels would have been reduced from 142 to 80 for fishing

year 1999-2000 in accordance with the fishing mortality reduction

program established under Amendment 4 in 1994. To minimize the economic

impacts of reduced DAS and still comply with the statutory requirements

of the Magnuson-Stevens Act (rebuilding period be as short as

possible), Amendment 7 contains an intermediate schedule in the first

year of the rebuilding schedule that provides full-time scallop vessels

with 120 DAS, a measure that would reduce the first year impacts on

small entities compared to any of the other alternatives considered.

This intermediate DAS allotment during the first year is designed to

allow the Council to develop rotational scallop closed areas and the

industry to develop a vessel buyback program while assuring that the

overfished scallop stocks are rebuilt within 10 years. If scallopers

were allowed to continue at 142 DAS for one or two additional fishing

seasons as suggested by the commenter, overfishing of the resource

would continue and the statutory requirements of the Magnuson-Stevens

Act to rebuild the stock in as short a period as possible would not be

met.

Comment: (1) Amendment 7 is illegally driven by economic and social

factors, and (2) the commenter is opposed to reopening multispecies

Closed Area I and Closed Area II because of the impact scallop dredges

will have on the habitat and on displaced hook fishers.

Response: Amendment 7 is not illegally driven by economic and

social factors. National standard 8 requires consideration of the needs

of fishing communities in order to provide for sustained participation

of such communities, and to the extent practicable, minimize adverse

economic impacts on such communities when considering conservation and

management measures. This Amendment does not propose reopening the

groundfish closed areas to scallop fishing, but merely provides a

mechanism to do so via framework action.

Comment: Amendment 7 allows overfishing to continue for the first

several years and assumes that multispecies Closed Area II will reopen

without analyzing its impacts on the environment and essential fish

habitat and by minimizing bycatch.

Response: Amendment 7 is consistent with Magnuson-Stevens Act and

complies with the National Standard Guidelines (63 FR 24212, May 1,

1998) that allows consideration of the needs of fishing communities

when adjusting the rebuilding period up to 10 years. Although the

fishing mortality rate (F) reduction schedule specifies rates that

exceed the recommended proxy reference point for a maximum mortality

rate threshold of 0.24 for years 1999 to 2001, the F reduction schedule

meets the 10-year stock rebuilding objective. The reductions in F under

this amendment's rebuilding schedule are more pronounced than the

status quo rebuilding schedule in all years except 1999.

This rule implements the basic elements of a system for opening and

closing geographic areas that could be accomplished as part of the

annual FMP monitoring and adjustment process. Amendment 7 does not

assume that reopening of closed areas to scallop fishing will occur,

but recognizes that such an action could occur. Amendment 7 does not

specify specific openings or closures. Such openings and closures will

need to be consistent with the F reduction schedule of this amendment,

the national standards, including those regarding essential fish

habitat and bycatch and the National Environmental Policy Act.

[[Page 14837]]

Comment: Amendment 7 focuses on depleted scallop beds and not on

the Georges Bank closed areas. The commenter asserts the scallop

fishery is not overfished.

Response: The management unit of the Atlantic Sea Scallop FMP

consists of all populations of sea scallops throughout its range,

including the area from the shoreline to the Northeast Peak of Georges

Bank. Recent estimates of biomass on Georges Bank and in the Mid-

Atlantic indicate that biomass is 17 and 11 percent of Bmax values for

those areas, respectively. The Bmax values are proxies for

Bmsy. Minimally, \1/4\ Bmax (i.e., 25 percent

Bmax) needs to be reached before an overfished condition for

sea scallops is eliminated in these resource management areas. The

intent of Amendment 7 is to eliminate overfishing and to rebuild the

stock for the overall scallop resource consistent with new requirements

of the Magnuson-Stevens Act. The current F is 1.05 in the Mid-Atlantic,

0.51 on Georges Bank, and 0.94 for the overall scallop resource. The F

to reduce overfishing and rebuild biomass in accordance with the

Magnuson-Stevens Act requirements is currently estimated at 0.24 for

the overall scallop resource.

Comment: Amendment 7 invokes a policy that has takings implications

as set out in Executive Order (E.O.) 12630 and does not compensate for

the takings.

Response: The Magnuson-Stevens Act at section 303(d) clearly

provides that a limited access system shall not confer any right of

compensation to the holder of such individual fishing quota or other

such limited access system authorization if it is revoked or limited,

and shall not create, or be construed to create, any right, title, or

interest in or to any fish before the fish is harvested.'' Amendment 4

changed the primary management strategy from a meat count (size)

control management system to a DAS effort control program for all

resource areas. It neither assigns any right of compensation, nor

creates any right or title to or interest in the scallop resource.

Amendment 7 adjusts the DAS reductions schedule to be consistent with

new requirements of the Magnuson-Stevens Act. Therefore, the measures

in Amendment 7 do not constitute takings for which compensation may be

sought.

Comment: Amendment 7 does not comply with E.O. 12866 to maximize

net benefits.

Response: E.O. 12866 states that agencies should assess all costs

and benefits of available regulatory alternatives. Further, in choosing

among regulatory alternatives, E.O. 12866 directs agencies to select

the regulatory approach that maximizes net-benefits, including economic

and environmental advantages, unless a statute requires another

approach.

Amendment 7 is expected to produce a discounted net benefit of $53

million over the next 20 years. The net benefits are higher under

Amendment 7 and the 7-year rebuilding period, compared to those under

the 10-year rebuilding period. The 7-year option rebuilds stocks faster

because it results in higher landings and landings per DAS in a shorter

period compared to the 10-year option. However, the gradual reduction

in effort under Amendment 7 from 142 DAS in 1998 to 120 DAS in 1999 for

full-time vessels was adopted to mitigate the near-term social and

economic costs for the scallop industry. Fleet revenues would decline

by 61 percent in 1999 if the 7-year rebuilding schedule were adopted,

compared to the 45 percent under Amendment 7 (Table 8.3.2 to Amendment

7, Vol I, sec. 8.3). Such a sharp reduction in annual fleet revenues

would increase unemployment and the likelihood of vessel bankruptcies.

Nevertheless, higher economic benefits from an accelerated fishing

reduction program will occur during the latter stages of the 10-year

rebuilding period.

Comment: Amendment 7 does not impose the least burden on society.

Response: To minimize the economic impacts of reduced DAS and still

comply with the statutory requirements of national standard 1

(rebuilding period be as short as possible), Amendment 7 contains an

intermediate schedule in year one of the rebuilding schedule that

provides full-time scallop vessels with 120 DAS. This measure will

reduce the first year impacts on small entities compared to any of the

other alternatives considered. This intermediate DAS allotment in year

one of the rebuilding schedule is designed to allow further

consideration of measures by the Council to develop rotational fishing

in areas closed to scallop fishing and provide time for the industry to

develop a vessel buyback program, while assuring that the overfished

scallop stocks are rebuilt within 10 years.

Comment: Amendment 7 has no RIR that describes the impact of

management measures on small entities.

Response: Supplement 1 to the Amendment 7 FMP contains the RIR,

including Initial Regulatory Flexibility Analysis (IRFA). The IRFA

discusses the impact for small businesses in the scallop fishery of

both the proposed action and alternative management options.

Comment: NMFS may not have fulfilled its obligations under the

Regulatory Flexibility Act to consider significant alternatives to the

proposed rule.

Response: The Council considered three alternatives that would meet

the objectives to end overfishing and to rebuild the stock within a 10-

year period. In response to comments, the Council chose an intermediate

option that blended an ambitious rebuilding schedule in years 2 through

10 of the plan with a less onerous first-year implementation. A 10-year

maximum rebuilding time frame mandated by the Magnuson-Stevens Act, as

well as the low abundance of sea scallops, limits the number and range

of possible rebuilding schedules and the resultant management measures

that can be considered. The current suite of management measures in

place for scallops relies on limitations of DAS to reduce fishing

mortality. Proposed management alternatives, therefore, were limited to

various schedules of DAS reductions to fishing mortality reductions.

The status quo, a 10-year rebuilding schedule, and a 7-year rebuilding

schedule are the alternatives considered to rebuild the stock.

Comment: Choosing an alternative that will reduce the DAS from 120

to 51 will be detrimental to small fishing businesses such as those in

New Bedford, Massachusetts and might violate national standard 8 of the

Magnuson-Stevens Act. NMFS should address an alternative to reopen the

closed areas of Georges Bank.

Response: In approving Amendment 7, NMFS determined the amendment

complied with each of the national standards. In making this

determination, NMFS must take into account, among other things, the

importance of fishery resources to affected fishing communities while

at the same time ensuring that the conservation requirements and goals

of the FMP are not compromised. The primary conservation goal of

Amendment 7 is to rebuild the overfished stock of sea scallops within a

10-year rebuilding period, as required by the Magnuson-Stevens Act.

Nevertheless the Council adopted and NMFS approved a rebuilding plan

that only reduces the available DAS for vessels by a small amount in

the first year, in the hope that a buyback program may be implemented

soon and some reopening of portions of closed areas occur after

sufficient analysis of effects of such an action are known. By reducing

available DAS in the first year by a small amount and allowing for the

possibility of a buyback program or area reopening to scallop

[[Page 14838]]

vessels, Amendment 7 seeks to meet the conservation goal in a way that

reduces the impact on fishing communities. To include a specific

reopening of portions of closed areas in Amendment 7 would have

required the Council to consider the effects that these openings would

have on scallop fishing mortality rates, bycatch of juvenile

groundfish, effects on bottom habitat, and possible gear conflicts

between mobile and fixed gear. During the development of Amendment 7,

there was not enough data available to support the reopening of the

closed areas, and the Council was working under a statutory requirement

of the Magnuson-Stevens Act to submit a rebuilding plan for sea

scallops by September 30, 1997. Subsequently, any reopening of closed

areas would have been contrary to national standards 1 and 9.

NMFS worked with researchers from the Center for Marine Science and

Technology of the University of Massachusetts Dartmouth and the

Virginia Institute of Marine Science on a collaborative experimental

fishery in Closed Area II of Georges Bank. The experimental fishery

evaluates, on a limited basis, areas of abundance of sea scallops (in

number and size), rates of bycatch of groundfish, and habitat

considerations. The experimental fishery was conducted from August 28,

1998, through October 5, 1998. Therefore, the results were not

available to the Council to consider as an alternative in Amendment 7.

However, Amendment 7 contains a framework measure that would expedite

future action by the Council to open the closed areas and establish new

closed areas once the experimental fishery results are analyzed. To

gain access to closed areas as soon as possible, the Council is now

considering options for framework actions (for both the Atlantic Sea

Scallop and Northeast Multispecies FMPs) to reopen to scallop fishing

portions of some areas closed to fishing for groundfish protection. If

approved, such framework actions might become effective as early as

mid-1999. These framework actions would be followed by a more

comprehensive FMP amendment to fully employ a rotational harvest

strategy.

Comment: DAS reductions scheduled for year 2000 and thereafter

should not be implemented but be replaced by an area management system.

Response: Replacing the DAS reductions scheduled for year 2000 and

thereafter with an area management system goes beyond the scope of the

management measures analyzed in Amendment 7. The Magnuson-Stevens Act

requires that amendments or proposed rules specify a time period for

ending overfishing that shall be as short as possible and not exceed 10

years, except in cases where the biology of the stock of fish, other

environmental conditions, or international management measures dictate

otherwise. Furthermore, the low abundance of sea scallops limits the

range of management measures. DAS is a useful management tool to

control overall effort on the sea scallops stock, whereas, area

openings and closures would assist in attaining Bmax goals

for the two different important management areas: Georges Bank and the

Mid-Atlantic. The status quo, a 10-year rebuilding schedule, and a 7-

year rebuilding schedule were the alternatives considered to rebuild

the stock using an annual DAS schedule and an annual F schedule for the

entire stock. As explained in the previous response to a comment, the

Council is considering framework action to allow access to portions of

Closed Area II (through both the Atlantic Sea Scallop and Northeast

Multispecies Fishery Management Plans). If approved, these framework

actions are likely to be in effect sometime this summer, followed by

amendments to both FMPs to address a rotational harvest strategy for

scallops and protection for groundfish and habitat.

Comment: The 1-year 120 DAS transitional period contained in

Amendment 7 should be implemented before the Amendment's rebuilding

provisions are fully implemented. The framework adjustment authority to

develop rotational area management for the scallop fishery is a good

management approach.

Response: The comments have been noted, and the 1-year 120 DAS

transitional period and authority to reopen closed areas under

frameworking are approved.

Classification

The Regional Administrator, Northeast Region, NMFS, determined that

the amendment is necessary for the conservation and management of the

Atlantic sea scallop fishery and that it is consistent with the

Magnuson-Stevens Act and other applicable laws.

The two Mid-Atlantic area closures expire on March 26, 1999.

Uninterrupted protection of sea scallops in these areas is essential

for replenishment of a large number of sea scallops in the Mid-Atlantic

with a high reproductive potential in the near future. Hence, it is not

practical to delay the effectiveness beyond March 26, 1999.

Accordingly, the Assistant Administrator for Fisheries, NOAA, under 5

U.S.C. 553(d)(3), finds good cause to waive part of the 30-day delayed

effectiveness period with respect to these closed areas so that they

remain closed after March 26, 1999, without interruption. This waiver

of the delayed effectiveness period does not apply to the additional

measures under Amendment 7, which are effective April 28, 1999.

The Council prepared an FSEIS for this action; a notice of

availability for the FSEIS was published on December 24, 1998 (63 FR

71285). The action will substantially reduce the level of fishing in

the Atlantic sea scallop fishery in the EEZ.

This final rule has been determined to be significant for purposes

of E.O. 12866.

To comply with the requirements of the RFA, the Council prepared an

IRFA that describes the impact this proposed rule, if adopted, would

have on small entities. The Council initially considered three

alternatives: (1) A baseline or status quo alternative based upon

management measures implemented under Amendment 4 to the FMP, (2) a 7-

year rebuilding plan, and (3) a 10-year rebuilding plan. After

receiving comments on the Draft Environmental Impact Statement for

Amendment 7, the Council decided to add a new option as its preferred

alternative that would still have an ambitious rebuilding schedule in

years 2 through 10 of the plan but not in year one compared to the 7

and 10-year rebuilding plan. Under the baseline or status quo

alternative, the DAS for full-time vessels would have been reduced from

142 in this current fishing year to 80 in year one of the plan to

comply with Amendment 4. Instead, under the preferred alternative, the

DAS for full-time vessels would be 120 in year one, a measure that

would reduce the first year impacts on small entities compared to any

of the other alternatives considered. The Council hopes that this will

allow enough time for a buyout plan to be implemented for some vessels

wishing to leave the sea scallop fishery (i.e., the total DAS available

to the fishery would be divided among fewer vessels beginning in March

2000). Also, during the first year of effectiveness of the preferred

alternative, enough data might be collected in areas currently closed

to harvest of groundfish and sea scallops to allow for some rotational,

seasonal openings of these areas to harvest scallops. This approach is

designed to minimize economic impacts on small entities, especially in

the first year that the Amendment is effective. Recognizing the

limitations on implementing the Council's

[[Page 14839]]

recommendations under the Magnuson-Stevens Act, NMFS sought comments on

these alternatives and on any others that may achieve the objectives of

the rulemaking while minimizing its economic impact on small entities.

The proposed action would reduce the overall scallop revenues of

the fleet by approximately 38 percent in the year 2000 (compared to the

baseline) and by approximately 10 percent in the year 2007. A change in

DAS is assumed to reduce a vessel's landings almost in the same

proportion. Ex-vessel prices may increase to some extent as landings

decrease. Of the full-time vessels, 184 of the 197 vessels derived more

than 60 percent of their income from scallops in 1997. Of the 31 part-

time vessels, 23 derived at least 31 percent of their income from

scallops in 1997.

In the 1997 fishing year, there were only 26 vessels with limited

access occasional permits, and only 5 of these vessels landed any

scallops. These vessels did not have much dependence on the scallop

fishery and derived less than 5 percent of their revenues from

scallops. Therefore, this final rule is not expected to significantly

affect occasional scallop permit holders except that in 1999, more than

2 percent of the full-time vessels may be forced to cease operations

each year from the years 2000 through 2007.

With the exception of the running clock provision, the Monkfish FMP

was approved by the Secretary of Commerce on March 3, 1999. The

proposed rule to implement the Monkfish FMP was published in the

Federal Register on February 16, 1999 (64 FR 7601). The comment period

on the proposed rule ends March 26, 1999. Under the Monkfish FMP,

scallop vessels will be restricted to landing their monkfish while

using their scallop DAS. The percentage of total annual revenues from

monkfish landed while not on scallop trips is 8.3 percent for full-time

dredges, 7.9 percent for part-time dredges, and 0.2 percent for

occasional dredges. The percent of total annual revenues for scallop

trawlers is 12 percent for full-time vessels, 4 percent for part-time

vessels and 6.1 percent for occasional vessels).

A copy of the IRFA analysis is available from the Council (see

ADDRESSES). The Final Regulatory Flexibility Analysis incorporates the

IRFA and its findings, and the responses to public comments that

mentioned possible effects of Amendment 7 on small entities.

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: March 24, 1999.

Andrew A. Rosenberg,

Deputy 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)(110) and (a)(111) are added to

read as follows:

Sec. 648.14 Prohibitions.

(a) * * *

(110) Fish for, possess or retain sea scallops in or from the areas

described in Sec. 648.57.

(111) Transit or be in the areas described in Sec. 648.57 with

scallop gear that is not properly stowed as required in Sec. 648.57 or

a preponderance of the evidence of record shows there was a compelling

safety reason.

* * * * *

3. In Sec. 648.53, paragraph (b) is amended by revising the last

sentence and the table to read as follows:

Sec. 648.53 DAS allocations.

* * * * *

(b) DAS allocations. * * * The annual allocations of DAS for each

category of vessel for the fishing years indicated are as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------

1999- 2000- 2001- 2002- 2003- 2004- 2005- 2006- 2007-

DAS category 2000 2001 2002 2003 2004 2005 2006 2007 2008 2008+

--------------------------------------------------------------------------------------------------------------------------------------------------------

Full-time..................................................... 120 51 49 46 45 34 35 38 36 60

Part-time..................................................... 48 20 19 18 18 14 14 15 17 24

Occasional.................................................... 10 4 4 4 4 3 3 3 4 5

--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

4. In Sec. 648.55, revise paragraph (a) and the first sentence of

paragraph (b); redesignate paragraph (h) as paragraph (j) and

paragraphs (c) through (g) as paragraphs (d) through (h), respectively;

add new paragraph (c); redesignate newly redesignated paragraph (d)(12)

as paragraph (d)(21); add new paragraphs (d)(12) through (d)(20), and

add new paragraph (i) to read as follows:

Sec. 648.55 Framework specifications.

(a) Annually, or upon a request from the NEFMC, the Regional

Administrator will provide the NEFMC with information on the status of

the scallop resource.

(b) Within 60 days of receipt of that information, the NEFMC PDT

shall assess the condition of the scallop resource to determine the

adequacy of the total allowable DAS reduction schedule, described in

Sec. 648.53(b), and of other management measures to achieve the stock-

rebuilding objectives. * * *

(c) Based on this review, the NEFMC PDT shall recommend total

allowable DAS reduction schedules and develop options necessary to

achieve the FMP goals and objectives, which may include a preferred

option. The NEFMC PDT must demonstrate through analysis and

documentation that the options it develops are expected to meet the

Scallop FMP goals and objectives. The range of options developed by the

NEFMC PDT may include any of the management measures in the Scallop

FMP, including, but not limited to the categories described in

Sec. 648.53(d).

(d) * * *

(12) Modifications to the overfishing definition.

(13) VMS Demarcation Line for DAS monitoring.

(14) DAS allocations by gear type.

(15) Temporary leasing of scallop DAS requiring full public

hearings.

(16) Scallop size restrictions, except a minimum size or weight of

individual scallop meats in the catch.

(17) Aquaculture enhancement measures and closures.

(18) Closed areas to lessen the amount of DAS reductions.

(19) Closed areas to increase the size of scallops caught.

(20) Modifications to the opening dates of closed areas.

* * * * *

(i) If the Regional Administrator concurs in the NEFMC's

recommendation, a final rule shall be

[[Page 14840]]

published in the Federal Register on or about February 1 of each year.

If the NEFMC fails to submit a recommendation to the Regional

Administrator by December 1 that meets the FMP goals and objectives,

the Regional Administrator may publish as a proposed rule one of the

options reviewed and not rejected by the NEFMC, provided that the

option meets the FMP objective and is consistent with other applicable

law. If, after considering public comment, the Regional Administrator

decides to approve the option published as a proposed rule, the action

will be published as a final rule in the Federal Register.

* * * * *

5. Section 648.57 is added 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 in or from the

area known as the Hudson Canyon South Closed Area (copies of a chart

depicting this area are available from the Regional Administrator upon

request) unless all gear on board is properly stowed and not available

for immediate use in accordance with the provisions of Secs. 648.23(b)

and 648.81(e). Further, vessels not fishing in the scallop DAS program

and fishing for species other than scallops or not in possession of

scallops in this area must stow scallop dredge gear in accordance with

the provisions of Secs. 648.23(b) and 648.81(e). The Hudson Canyon

South Closed Area is defined by straight lines connecting the following

points in the order stated:

------------------------------------------------------------------------

Point Latitude Longitude

------------------------------------------------------------------------

H1.............................. 39 30' N. 73 10' W.

H2.............................. 39 30' N. 72 30' W.

H3.............................. 38 30' N. 73 30' W.

H4.............................. 38 40' N. 73 50' W.

------------------------------------------------------------------------

(b) Virginia Beach Closed Area. Through March 1, 2001, no vessel

may fish for, possess, or retain sea scallops in or from the area known

as the Virginia Beach Closed Area (copies of a chart depicting this

area are available from the Regional Administrator upon request) unless

all gear on board is properly stowed and not available for immediate

use in accordance with the provisions of Secs. 648.23(b) and 648.81(e).

Further, vessels not fishing in the scallop DAS program and fishing for

species other than scallops or not in possession of scallops in this

area must stow scallop dredge gear in accordance with the provisions of

Secs. 648.23(b) and 648.81(e). The Virginia Beach Closed Area is

defined by straight lines connecting the following points in the order

stated:

------------------------------------------------------------------------

Point Latitude Longitude

------------------------------------------------------------------------

V1.............................. 37 00' N. 74 55' W.

V2.............................. 37 00' N. 74 35' W.

V3.............................. 36 25' N. 74 45' W.

V4.............................. 36 25' N. 74 55' W.

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[FR Doc. 99-7624 Filed 3-24-99; 3:25 pm]

BILLING CODE 3510-22-P