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. ; 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: Proposed rule, request for comments.

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SUMMARY: NMFS proposes regulations to implement proposed Amendment 7 to

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

Amendment 7 and these proposed regulations would reduce the fishing

mortality rate in the Atlantic sea scallop fishery to eliminate

overfishing and rebuild the biomass in accordance with the requirements

of the Sustainable Fisheries Act (SFA). Amendment 7 and these proposed

regulations would substantially reduce the level of fishing for

Atlantic sea scallops in the exclusive economic zone (EEZ) through

fishing year 2008 by revising the fishing effort reduction schedule

presently in effect by significantly reducing the allowable days-at-sea

(DAS) for Atlantic sea scallop vessels starting with fishing year 2000.

A less severe reduction is proposed for fishing year 1999. In addition,

Amendment 7 and these proposed regulations would implement an 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 proposed regulations is to eliminate overfishing

and rebuild the stocks.

DATES: Comments must be received on or before January 29, 1999.

ulations would implement an 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 proposed regulations is to eliminate overfishing

and rebuild the stocks.

DATES: Comments must be received on or before January 29, 1999.

ADDRESSES: Comments on this proposed rule should be sent to Jon C.

Ratters, Acting Regional Administrator, 1 Blackburn Drive, Gloucester,

MA 01930. Mark the outside of the envelope, ``Comments on Proposed Rule

for Amendment 7.''

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

regulatory flexibility analysis (IRFA), 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, Saurus, MA 01906-

1036.

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

978-281-9273.

SUPPLEMENTARY INFORMATION:

Proposed Management Measures

Amendment 7 to the FMP was prepared by the New England Fishery

Management Council (Council). A notice of availability for the proposed

amendment was published in the Federal Register on November 18, 1998

(63 FR 64032). The amendment would: (1) Redefine overfishing; (2)

revise 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)

establish an annual monitoring and review process to adjust management

measures to meet the stock rebuilding objectives; (4) continue the Mid-

Atlantic closed areas in order to protect high concentrations of

juvenile scallops; and (5) allow the following management measures to

be implemented and adjusted through framework adjustment: Closed areas,

changes in the overfishing definition, size restrictions, aquaculture

projects,

review process to adjust management

measures to meet the stock rebuilding objectives; (4) continue the Mid-

Atlantic closed areas in order to protect high concentrations of

juvenile scallops; and (5) allow 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

most contentious feature of Amendment 7 is the proposed stock

rebuilding schedule that would set the allocation for fishing year 1999

at 120 DAS. Under the existing schedule, DAS would be 108 days for

fishing year 1999. The allocation for fishing year 2000 would be

reduced to 51 DAS and would remain low for the remainder of the 10-year

rebuilding period. The intent of Amendment 7 is to eliminate

overfishing and rebuild the stock consistent with new requirements of

the Magnuson-Stevens Act. Amendment 4 was implemented in 1994 and

included restrictions on DAS that were to be phased in over a 7-year

rebuilding period as the primary means of achieving fishing mortality

reductions. In 1997, the Council's Plan Development Team (PDT)

evaluated the current FMP's effectiveness in achieving the target

fishing mortality rate. The PDT concluded that further reductions in

DAS (to 80 DAS) than originally scheduled (to 108 days) would be

necessary for the 1998 - 1999 fishing years. The Council voted against

the PDT recommendation to reduce DAS and proposed an interim action to

close two Mid-Atlantic areas until March 26, 1999. These closures serve

to protect concentrations of juvenile scallops in order to achieve

spawning stock biomass targets.

The current fishing mortality rate is 1.05 in the Mid-Atlantic,

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

recommended fishing mortality rate to reduce overfishing and rebuild

biomass in accordance with the SFA requirements is currently estimated

at 0.24 for the resource

protect concentrations of juvenile scallops in order to achieve

spawning stock biomass targets.

The current fishing mortality rate is 1.05 in the Mid-Atlantic,

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

recommended fishing mortality rate to reduce overfishing and rebuild

biomass in accordance with the SFA requirements is currently estimated

at 0.24 for the resource.

To achieve the necessary mortality rate reductions, proposed

Amendment 7 would continue reduction of fishing effort through

significant reductions in DAS. For fishing year 1999 (which begins on

March 1, 1999), DAS would be set at 120 for full-time, 48 for part-

time, and 10 for occasional vessels.

The 120 DAS for fishing year 1999 is greater than the PDT's 1997

estimation of the DAS that would be needed to achieve the target

mortality rate levels previously set by Amendment 4 (80 DAS). The

Council decided to propose an intermediate level of 120 DAS for fishing

year 1999 in order to minimize adverse social and economic impacts on

the scallop fleet during the first year of the revised schedule, to

allow the Council to further develop and consider rotational scallop

closed areas, and to allow industry and the Council time to develop a

vessel buyback program. Setting the DAS level at an intermediate level

in the first year, means greater reductions in DAS during years 2-10.

In year two, beginning on March 1, 2000, DAS would be reduced to 51 for

full-time vessels and proportionately for the other categories. DAS are

projected to remain below this level until year 10 of the program

industry and the Council time to develop a

vessel buyback program. Setting the DAS level at an intermediate level

in the first year, means greater reductions in DAS during years 2-10.

In year two, beginning on March 1, 2000, DAS would be reduced to 51 for

full-time vessels and proportionately for the other categories. DAS are

projected to remain below this level until year 10 of the program

(2008). Annual monitoring and adjustment would allow increases in the

DAS allocated if mortality and biomass levels needed to achieve a 10-

year rebuilding schedule were attained.

If the effective date of the final rule implementing Amendment 7

falls after the start of the fishing year on March 1, 1999, fishing may

continue. However, DAS used by a vessel on or after March 1, 1999, will

be counted against any DAS allocation the vessel ultimately receives

for the fishing year beginning March 1, 1999, through February 29,

2000.

Amendment 7 would redefine overfishing to mean:

If stock biomass is equal to or greater than MSY, as measured by

the NMFS sea scallop survey weight per tow index of sea scallops age

3 and older, overfishing occurs when fishing mortality exceeds MSY,

currently estimated at 0.24. If stock biomass is below MSY,

overfishing occurs when fishing mortality exceeds the level that has

a 50-percent probability to rebuild stock biomass to MSY in 10

years. The stock is in an overfished condition when stock biomass is

below 1/4 MSY, and overfishing occurs when fishing mortality is

above zero.

Amendment 7 would continue the Virginia Beach and Hudson Canyon

scallop closures until March 1, 2001, originally closed on an interim

basis from April 3, 1998, through September 27, 1998 (63 FR 15324,

March 31, 1998), and extended again on September 28, 1998, through

March 26, 1999 (63 FR 51862, September 29, 1998). The intent of this

action is to afford continued protection to the resource by protecting

high concentrations of 4-year-old

nd Hudson Canyon

scallop closures until March 1, 2001, originally closed on an interim

basis from April 3, 1998, through September 27, 1998 (63 FR 15324,

March 31, 1998), and extended again on September 28, 1998, through

March 26, 1999 (63 FR 51862, September 29, 1998). The intent of this

action is to afford continued protection to the resource by protecting

high concentrations of 4-year-old

scallops. The benefits of these two closures will be evident through a

more balanced age structure of the scallop stock. Also, significant

reductions in fishing mortality and increases in yield per recruit are

possible from the relatively small closures. Fishers pursuing species

other than scallops will not be excluded from the closed areas.

Amendment 7 proposes an annual review by the Scallop PDT to

evaluate the condition of the scallop resource and the effectiveness of

the measures in achieving the stock-rebuilding objectives. The second

review process scheduled for 1999 specified by Amendment 4 would be

eliminated. In addition, the following framework measures are proposed:

(1) Modifications to the overfishing definition; (2) leasing of DAS

(provided that the Council holds a full set of public hearings); (3)

scallop size restrictions; (4) approval of aquaculture projects; (4)

modifications to Mid-Atlantic closed areas; (5) modifications to the

demarcation line for DAS monitoring; (6) allocate DAS according to gear

type; (7) implement closed areas to lessen DAS reductions; and (8)

implement closed areas to increase scallop size.

Classification

the Council holds a full set of public hearings); (3)

scallop size restrictions; (4) approval of aquaculture projects; (4)

modifications to Mid-Atlantic closed areas; (5) modifications to the

demarcation line for DAS monitoring; (6) allocate DAS according to gear

type; (7) implement closed areas to lessen DAS reductions; and (8)

implement closed areas to increase scallop size.

Classification

At this time, NMFS has not determined that the amendment that this

rule would implement is consistent with the Magnuson-Stevens Act and

with other applicable laws. NMFS, in making that determination, will

take into account the data, views, and comments received during the

comment period.

The Council prepared a FSEIS for the amendment; a notice of

availability for the Draft EIS was published on June 26, 1998 (63 FR

34871). The proposed action will substantially reduce the level of

fishing in the Atlantic sea scallop fishery in the EEZ.

This proposed rule has been determined to be significant for

purposes of E.O. 12866.

To comply with the requirements of the Regulatory Flexibility Act

(SFA), 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 DEIS 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 to comply with

Amendment 4

ecided 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 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 less 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 recommendations under the

Magnuson-Stevens Act, NMFS seeks comments on these alternatives and 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 about 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

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

baseline) and by about 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, the proposed regulations are not expected to

significantly affect occasional scallop permit holders. Except 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.

If the draft Monkfish FMP is approved and implemented about the

same time as Amendment 7 to the Atlantic Sea Scallops 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. For scallop trawlers it is 12 percent, 2 percent for full-time

vessels, 4 percent for part-time vessels and 6.1 percent for occasional

vessels. A copy of this analysis is available from the Council (see

ADDRESSES).

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: December 14, 1998.

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

proposed to be amended as follows:

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

ADDRESSES).

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: December 14, 1998.

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

proposed to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

1. The authority citation for part 648 continues to read as

follows:

Authority: 16 U.S.C. 1801 et seq.

2. Section 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.

* * * * *

3. Section 648.53 is amended by revising the last sentence and

chart of paragraph (b) 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:

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DAS category 1999-2000 2000-2001 2001-2002 2002-2003 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008 2008-+

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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

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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

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* * * * *

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

paragraph (b), redesignate paragraph (h) as paragraph (j), redesignate

paragraphs (c) through (g) as (d) through (h), add new paragraph (c),

in redesignated paragraph (d), further redesignate paragraph (d)(12) as

(d)(21) and 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 request from the NEFMC, the Regional

Administrator will provide 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 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).

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 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 revised to read as follows:

Sec. 648.57 Closed areas.

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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.

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(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:

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Point Latitude Longitude

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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. 98-33483 Filed 12-15-98; 10:39 am]

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