Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 37903

APPENDIX A: SUMMARY OF ACCEPTABLE DECISIONS—Continued

End-use Substitute Decision Comments

Household Refrigerators and Freezers ............. Ikon B for CFC–12 ... Acceptable ................. EPA expects that manufacturers, installers

and servicers of refrigeration and air-conditioning systems will follow all applicable industry practices and technical standards,

including but not limited to standards

issued by the American Society of Heating,

Refrigeration and Air-conditioning Engineers (ASHRAE), and that exposures will

be kept within all applicable American Industrial Hygiene Association (AIHA) and

American Conference of Governmental Industrial Hygienists (ACGIH) occupational

exposure limits.

• Commercial Comfort Air Conditioning ...........

• Industrial Process Refrigeration and Air Conditioning

• Cold Storage Warehouses

• Refrigerated Transport

• Retail Food Refrigeration

• Vending Machines

• Water Coolers

• Commercial Ice Machines

• Household Refrigerators and Freezers

Ikon A for CFC–12 ... Acceptable ................. EPA expects that manufacturers, installers

and servicers of refrigeration and air-conditioning systems will follow all applicable industry practices and technical standards,

including but not limited to standards

issued by the American Society of Heating,

Refrigeration and Air-conditioning Engineers (ASHRAE), and that exposures will

be kept within all applicable American Industrial Hygiene Association (AIHA) and

American Conference of Governmental Industrial Hygienists (ACGIH) occupational

exposure limits.

Commercial Comfort Air Conditioning .............. HFC–245fa. for CFC–

11 (new only).

Acceptable ................. Building owners and operators should evaluate refrigerants from a technical standpoint

to determine which option is superior for

their specific application.

Small auxiliary power units which include an

engine, electrical alternator, water pump, air

conditioning compressor and a heat exchanger used in tractor trailers in conjunction with passenger compartment climate

control systems that already use an acceptable substitute refrigerant.

CFC–12 in motor vehicle air conditioners.Acceptable ................. EPA anticipates that installers and servicers

of refrigeration and air-conditioning systems will follow all applicable standard industry practices and technical standards.

Foam Blowing

Polyurethane Appliance Foam .......................... Vacuum panels .......... Acceptable.

Rigid Polyurethane and Polyisocyanurate

Boardstock.

2-chloropropane ......... Acceptable ................. Analysis of toxicity data available suggest an

acceptable exposure limit of 350 ppm (8-

hour Time Weighted Average).

[FR Doc. 00–15299 Filed 6–16–00; 8:45 am]

BILLING CODE 6560–50–P

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.

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 carryover’’ 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

37904 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

compromising multispecies and sea

scallop rebuilding or habitat protection.

DATES: Effective June 15, 2000, except

for § 648.57 introductory paragraphs (a)

and (b), which becomes effective June

15, 2000, through March 1, 2001, and

§ 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-ofinformation 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°30’ N. lat. in CA II, only areas north

of 41°07’ N. lat. in CA I, and only areas

north of 40°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. Fulltime 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

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 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 inseason 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 § 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 §§ 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) have been consolidated

and are now contained in § 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 carryover 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-ofthe-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.

37906 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

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 MagnusonStevens 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:

Date Meeting

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

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

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 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 yearround 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

37908 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

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 reopened. 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 longterm sea scallop rotational harvest

strategy. The scallop fisheries in the reopened 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

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 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 fulltime scallop vessels generally fish yearround, 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 eastwest, 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

37910 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

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 § 648.58

and related prohibitions in

§ 648.14(a)(38), (a)(40), (a)(90) and

(h)(27), and the revisions to

§§ 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

§ 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 § 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

§ 648.23(b) and (b)(1) through (b)(4) and

related provisions containing cross

references to the stowage provisions

contained in §§ 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-ofinformation 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 email messaging system (§ 648.58(c)(3)(i))

approved under 0648–0416 at 2

minutes/response.

2. Notice requirements for observer

deployment (§ 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 (§ 648.58(c)(10))

approved under 0648-0416 at 10

minutes/response.

4. VMS polling frequency

(§ 648.58(h)) approved under 0648-0307

and 0648-0416 at 30 seconds/response.

5. Installation of a VMS unit on board

the vessel (§ 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 (§ 648.58(c)(3)(iii))

approved under 0648-0202 at 2

minutes/response.

7. Transit notifications (§ 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 § 648.14, paragraphs (a)(38),

(a)(40), (a)(90) and (h)(27) are revised to

read as follows:

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 37911

§ 648.14 Prohibitions.

(a) * * *

(38) Enter or be in the area described

in § 648.81(a)(1) on a fishing vessel,

except as provided by § 648.58, during

the time and in the portion of Closed

Area I specified in § 648.58, or

§ 648.81(a)(2) and (d).

* * * * *

(40) Enter or be in the area described

in § 648.81(c)(1) on a fishing vessel,

except as provided by § 648.58, during

the time and in the portion of the

Nantucket Lightship Closed Area

specified in § 648.58, or § 648.81(c)(2)

and (d).

* * * * *

(90) Use, set, haul back, fish with,

possess on board a vessel, unless stowed

in accordance with § 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

§ 648.81(g)(2)(ii)), in the areas and for

the times specified in § 648.87(a) and

(b), except as provided in

§§ 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 § 648.58(b)(1), (b)(2), or (b)(3) when

fishing under the Sea Scallop

Exemption Program specified in

§ 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 § 648.58(c)(7).

* * * * *

3. In § 648.17, paragraph (c) is revised

to read as follows:

§ 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 § 648.23(b); and

* * * * *

4. In § 648.23, paragraph (b)

introductory text, and paragraphs (b) (1)

through (b) (4) are revised to read as

follows:

§ 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 fanfolded (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 § 648.51, paragraphs (b)(2)(i) and

(b)(2)(ii) are revised to read as follows:

§ 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

§ 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 § 648.52, paragraph (c) is revised

to read as follows:

§ 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

§ 648.58 are prohibited from possessing

or landing per trip more than the sea

scallop possession limit specified in

§ 648.58(c)(6).

7. In § 648.53, paragraph (d) is revised

to read as follows:

§ 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 § 648.4(a)(1)(i)(J) for the

entire fishing year preceding the carryover 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 § 648.57, introductory

paragraphs (a) and (b) are revised to

read as follows:

§ 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

§ 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

§ 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

37912 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

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

§ 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

§ 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,

§ 648.58(c)(3)(i) and (ii) are revised to

read as follows:

§ 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, § 648.58 is

revised to read as follows:

§ 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°00’ 67°20’

CII2 41°00’ 66°35.8’

G5 41°18.6’ 66°24.8’(on U.S./Canada Maritime Boundary)

SC1 41°30’ 66°34.8’(on U.S./Canada Maritime Boundary)

SC2 41°30’ 67°20’

CII1 41°00’ 67°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°50’ 69°00’

SC7 40°30’ 69°00’

SC8 40°30’ 69°14.5’

SC9 40°50’ 69°29’

G10 40°50’ 69°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°04.5’ 69°1.2’

SC4 41°09’ 68°30’

CI4 41°30’ 68°30’

SC5 41°30’ 68°35’

SC6 41°08’ 69°4.2’

SC3 41°04.5’ 69°1.2’

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 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

§ 648.9(b) or as modified in § 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 § 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

§ 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

§ 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

37914 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

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 nontechnical 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

§ 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

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 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

§ 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 § 648.80, paragraphs (a)(2)(iii),

(b)(2)(iii), (b)(6)(i)(C) and (b)(9)(i)(E) are

revised to read as follows:

§ 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

§ 648.82((b)(3), if fishing under the

scallop state waters exemptions

specified in § 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 § 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

§ 648.82(b)(3), if fishing under a scallop

state waters exemption specified in

§ 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 § 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

§ 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

§ 648.23(b) while fishing under this

exemption.

* * * * *

12. In § 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:

§ 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 § 648.58 during

the time and in the portion of Closed

Area I described in § 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

§ 648.58 during the time and in the

portion of Closed Area II described in

§ 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

§ 648.58 during the time and in the

portion of the Nantucket Lightship

Closed Area described in § 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

§ 648.23(b).

* * * * *

13. In § 648.82, paragraph (k)(1)(iv)(A)

is revised to read as follows:

§ 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 § 648.82(g) will be credited

toward the 120 days time out of the nonexempt 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 § 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 § 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:

§ 648.86 Multispecies possession

restrictions.

* * * * *

(a) * * *

(2) * * *

(iii) Except for vessels fishing under

the Sea Scallop Exemption Program,

37916 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

from July 1 through December 31, 2000,

as provided in § 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 § 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

§ 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

§ 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°00’ N. lat. and running

eastward along 42°00’ N. lat. until it

intersects with 69°30’ W. long., then

northward along 69°30’ W. long. until it

intersects with 42°20’ N. lat., then

eastward along 42°20’ N. lat. until it

intersects with 67°20’ W. long., then

northward along 67°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 § 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 smallmesh 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

§ 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 § 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 § 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 § 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 § 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 § 648.80 and

any other applicable provision of this

part.

* * * * *

15. In § 648.87, introductory text to

paragraphs (a) and (b) are revised to

read as follows:

§ 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

§ 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 § 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 § 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 § 648.81(g)(2)(ii)), from

the areas and for the times specified in

paragraphs (a)(1) through (a)(4) of this

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 37917

section, and may not use, set, haul back,

fish with, or possess on board, unless

stowed in accordance with the

requirements of § 648.23(b), sink gillnets

or other gillnet gear capable of catching

multispecies, with the exception of

single pelagic gillnets (as described in

§ 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

§ 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 § 648.23(b), sink gillnet

gear or gillnet gear capable of catching

multispecies, with the exception of

single pelagic gillnet gear (as described

in § 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

§ 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 § 648.23(b),

sink gillnet gear or other gillnet gear

capable of catching multispecies, with

the exception of single pelagic gillnets

(as described in § 648.81(g)(2)(ii)) in the

areas and for the times specified in

paragraphs (b)(1) and (2) of this section.

* * * * *

16. In § 648.88, paragraph (c) is

revised to read as follows:

§ 648.88 Multispecies open access permit

restrictions.

* * * * *

(c) Scallop multispecies possession

limit permit. Except as provided in

§ 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 § 648.53,

provided the vessel does not fish for,

possess, or land haddock from January

1 through June 30 as specified under

§ 648.86(a)(2)(i), and provided the vessel

has at least one standard tote on board.

* * * * *

17. In § 648.89, paragraph (a) is

revised to read as follows:

§ 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 § 648.23(b).

* * * * *

18. In § 648.91, paragraph (c)(2)(ii) is

revised to read as follows:

§ 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

§ 648.23(b).

* * * * *

19. In § 648.94, paragraph (e) is

revised to read as follows:

§ 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

§ 648.23(b).

* * * * *

[FR Doc. 00–15360 Filed 6–14–00; 2:17 pm]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 660

[Docket No. 991221344–9344–01; I.D.

121099A]

RIN 0648–AN44

Fisheries Off West Coast States and in

the Western Pacific; Western Pacific

Pelagic Fisheries; Hawaii-based

Pelagic Longline Area Closure

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Emergency rule; extension of

expiration date.

SUMMARY: This action extends an

emergency rule, now in effect, that

closes certain waters to fishing by

vessels engaged in the Hawaii-based

pelagic longline fishery. The rule was

published in the Federal Register on

December 27, 1999, in response to the

Order Setting Terms of Injunction

issued on November 23, 1999, by the

U.S. District Court, District of Hawaii,

(Court). The area closure is intended to

reduce adverse impacts to sea turtles by

restricting the activities of the Hawaiian

longline fishery while an environmental

impact statement (EIS) is being prepared

for the Fishery Management Plan for

Pelagic Fisheries of the Western Pacific

Region (FMP). Extension of the

emergency rule will maintain the

temporary area closure until December

23, 2000, or until new time and area

closures, as imposed by the Court, are

implemented by NMFS.

DATES: This emergency rule is effective

12:02 a.m., local time, June 26, 2000,

through 12:01 a.m., local time,

December 23, 2000.

ADDRESSES: Copies of the environmental

assessment prepared for the emergency

rule may be obtained from Dr. Charles

Karnella, Administrator, Pacific Islands

Area Office (PIAO), NMFS, 1601

Kapiolani Blvd., Suite 1110, Honolulu,

HI, 96814–4700.

FOR FURTHER INFORMATION CONTACT:

Alvin Katekaru or Marilyn Luipold,

PIAO, 808–973–2937.

SUPPLEMENTARY INFORMATION: NMFS is

extending an emergency rule

promulgated on December 23, 1999 (64

FR 72290, December 27, 1999), which

otherwise would expire on June 26,

2000. Extension of this rule is

authorized under section 305(c)(3)(B) of

the Magnuson-Stevens Fishery

Conservation and Management Act.