[Federal Register Volume 62, Number 157 (Thursday, August 14, 1997)]
[Rules and Regulations]
[Pages 43469-43471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21531]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 648

[Docket No. 970508108-7108-01; I.D. 022597B]
RIN 0648-AJ62


Fisheries of the Northeastern United States; Framework 9 to the 
Atlantic Sea Scallop Fishery Management Plan

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to implement measures contained in 
Framework Adjustment 9 to the Atlantic Sea Scallop Fishery Management 
Plan (FMP). These regulations exempt limited access and general 
category permit holders fishing exclusively under the State Waters 
Exemption Program (Exemption Program) from the 400 lb (181.44 kg) trip 
limit. This action is intended to sustain the participation of historic 
participants by allowing Federal permit holders to compete in the state 
waters fishery on a more equitable basis where Federal and state laws 
are inconsistent.

EFFECTIVE DATE: August 13, 1997.

ADDRESSES: Copies of Amendment 4 to the FMP (Amendment 4), its 
regulatory impact review and the initial regulatory flexibility 
analysis, its final supplemental environmental impact statement, and 
the supporting documents for Framework Adjustment 9 are available from 
Paul J. Howard, Executive Director, New England Fishery Management 
Council, 5 Broadway (Route 1), Saugus, MA 01906-1097.
    Comments regarding burden-hour estimates for the collection-of-
information requirement contained in this final rule should be sent to 
Dr. Andrew A. Rosenberg, Regional Administrator, Northeast Region, 
NMFS, 1 Blackburn Drive, Gloucester, MA 01930, and the Office of 
Information and Regulatory Affairs, Office of Management and Budget 
(OMB), Washington, D.C. 20502 (Attention: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Paul H. Jones, Fishery Policy Analyst, 
508-281-9273.

SUPPLEMENTARY INFORMATION:

Background

    Regulations implementing Amendment 4 to the FMP (59 FR 2757, 
January 19, 1994) added a framework adjustment process that allows for 
the adjustment of management measures, as necessary to meet or achieve 
consistency with the FMP's goals and objectives. The regulations 
authorize the New England Fishery Management Council (Council) to 
recommend adjustments to any of the measures currently in the FMP.
    Framework Adjustment 2 to the FMP (59 FR 59967, November 21, 1994) 
implemented the Exemption Program that exempts federally permitted 
limited access and general category scallop vessels from Federal gear 
and days-at-sea effort restrictions while fishing in the state waters 
of Maine, New Hampshire, or Massachusetts. Vessels fishing in this 
Exemption Program are subject to a notification requirement (limited 
access vessels), must fish under the rules of the appropriate state, 
and may land no more than the 400-lb (181.44-kg) Federal limit. The 
basis for the Exemption Program was to allow the states to manage the 
scallop fisheries predominating in their waters under programs that 
were determined to be consistent with goals of the FMP. The state 
programs do not impose a landing limit and, thus, vessels that do not 
hold Federal permits and that are fishing in state waters are not 
subject to the 400-lb (181.44 kg) limit. This action was developed and 
submitted by the Council to provide more consistency with the state 
programs by exempting federally permitted vessels fishing under the 
Exemption Program from the 400 lb (181.44 kg) limit. This exemption 
further requires general category vessel operators to notify NMFS 
through the established call-in system of their intent to fish under 
the Exemption Program.
    This modification to the Exemption Program was developed to 
eliminate the competitive disadvantage federally permitted vessels 
experience relative to non-federally permitted vessels fishing in state 
waters, while ensuring that the conservation goals of the FMP are met. 
Approximately 80 percent of the Gulf of Maine scallop fishery takes 
place in state waters and its management is predominately a state 
responsibility. These scallop stocks are not specifically included in 
the rebuilding program established in the FMP for the major stocks 
found on Georges Bank and in the Mid-Atlantic area. Therefore, this 
measure does not compromise the fishing mortality/effort reduction 
program for scallops in the EEZ. Implementing this exemption eliminates 
an inconsistency between Federal and state waters fisheries and has the 
positive effect of maintaining the continuity of the vessel trip 
reporting system for this sector by removing the incentive for 
federally permitted vessels to cancel their permits seasonally to 
become exempt from the 400-lb (181.44-kg) limit.
    The Council requests publication of the management measures as a 
final rule after considering the required factors stipulated in the 
regulations governing the Atlantic sea scallop fishery and providing 
supporting analysis for each factor considered. The Regional 
Administrator concurs with the Council's recommendation and has 
determined that Framework Adjustment 9 should be published as a final 
rule.
    NMFS is adjusting the scallop regulations following the procedure 
for framework adjustments established by

[[Page 43470]]

Amendment 4 and codified in 50 CFR part 648. The Council followed this 
procedure when making adjustments to the FMP by developing and 
analyzing the actions over the span of a minimum of at least two 
Council meetings held on November 6, 1996, and December 12, 1996.

Comments and Responses

    The November 6, 1996, Council meeting was the first of two meetings 
that provided an opportunity for public comment on Framework Adjustment 
9. A draft document containing the proposed management measures and 
their rationale was available to the public during the first week in 
December 1996 and notices of the initial and final Council meetings 
were mailed to approximately 1,900 people and published in the Federal 
Register. The final public hearing was held on December 12, 1996. 
Testimony provided by industry members at the public meetings favored 
the framework adjustment; there were no negative comments.
    Under NOAA Administrative Order 205-11, 7.01, dated December 17, 
1990, the Under Secretary for Oceans and Atmosphere has delegated, to 
the Assistant Administrator for Fisheries, NOAA, the authority to sign 
material for publication in the Federal Register.

Classification

    This final rule has been determined to be not significant for the 
purposes of E.O. 12866.
    The Assistant Administrator for Fisheries, NOAA (AA), finds that 
there is good cause to waive prior notice and opportunity for comment 
under 5 U.S.C. 553(b)(B). Public meetings held by the Council to 
discuss the management measure implemented by this rule provided 
adequate prior notice and opportunity for public comment to be heard 
and considered; therefore, further notice and opportunity to comment 
before this rule is effective is unnecessary. The AA finds that under 5 
U.S.C. 553(d)(1), there is good cause to waive the 30-day delay in 
effectiveness of this regulation. Implementation of this regulation, 
which relieves a restriction, will increase fishing opportunities by 
allowing vessels that have traditionally fished in the Gulf of Maine 
area to compete in the state waters on a more equitable basis where 
Federal and state laws are inconsistent.
    Because a general notice of proposed rulemaking is not required to 
be published for this rule by 5 U.S.C. 553 or by any other law, this 
rule is exempt from the requirement to prepare an initial or final 
regulatory flexibility analysis under the Regulatory Flexibility Act. 
As such, none has been prepared. The primary intent for this action is 
to exempt general category permit holders fishing exclusively under the 
Exemption Program from the 400-lb. (181.44- kg) trip limit.
    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 (PRA) unless that collection of information 
displays a currently valid OMB control number.
    This rule contains one new collection-of-information requirement 
subject to the PRA. This collection-of-information requirement has been 
approved by OMB, and the OMB control number and public reporting burden 
are listed as follows: Call-in notification for general category 
scallop vessels fishing in the Exemption Program, (2 minutes/response) 
under OMB # 0648-0202.
    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. Public comment is sought regarding: Whether 
this collection of information is necessary for the proper performance 
of the functions of the agency, including whether the information has 
practical utility; the accuracy of the burden estimate; ways to enhance 
the quality, utility, and clarity of the information to be collected; 
and ways to minimize the burden of the collection of information, 
including through the use of automated collection techniques or other 
forms of information technology. Send comments regarding this burden 
estimate, or any other aspect of this data collection to NMFS and OMB 
(see ADDRESSES).

List of Subjects

    15 CFR Part 902
    Reporting and recordkeeping requirements.
    50 CFR Part 648
    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: August 8, 1997.
Gary C. Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 15 CFR Chapter IX and 50 
CFR Chapter VI are amended as follows:

15 CFR CHAPTER IX

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT; OMB CONTROL NUMBERS

    1. The authority citation for part 902 continues to read as 
follows:

    Authority: 44 U.S.C. 3501 et seq.

    2. In Sec. 902.1, paragraph (b), the table is amended by removing 
in the left column under 50 CFR, the entries ``655.5'', ``655.7'', and 
``655.8'', and in the right column, in corresponding positions, the 
control numbers; and by adding, in numerical order, in the left column, 
the entry ``648.54'', and in the right column, in the corresponding 
position, the control number ``-0202''.

50 CFR CHAPTER VI

PART 648-FISHERIES OF THE NORTHEASTERN UNITED STATES

    3. The authority citation for part 648 continues to read as 
follows:

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

    4. In Sec. 648.54, paragraph (b)(2) is revised and paragraph (g) is 
added as follows:


Sec. 648.54  State waters exemption.

* * * * *
    (b) * * *
    (2) General permits. Any vessel issued a general scallop permit is 
exempt from the gear restrictions specified in Sec. 648.51 (a), (b), 
and (e)(1) and (2) while fishing exclusively landward of the outer 
boundary of the waters of a state that has been determined by the 
Regional Director under paragraph (b)(3) of this section to have a 
scallop fishery and a scallop conservation program that does not 
jeopardize the fishing mortality/effort reduction objectives of the 
Scallop FMP, provided the vessel complies with paragraphs (c) through 
(f) of this section.
* * * * *
    (g) Possession restriction exemption. Any vessel issued a limited 
access permit that is exempt under paragraph (a) of this section from 
the DAS requirements of Sec. 648.53(b), or any vessel issued a general 
scallop permit is exempt from the possession restrictions specified in 
Sec. 648.52(a) while fishing exclusively landward of the outer boundary 
of the waters of a state that has been determined by the Regional 
Director under paragraph (b)(3) of this section to have a scallop 
fishery and a scallop conservation program that does not jeopardize the 
fishing mortality/effort reduction objectives of the Scallop

[[Page 43471]]

FMP, provided the vessel complies with paragraphs (c) through (f) of 
this section.
[FR Doc. 97-21531 Filed 8-13-97; 8:45 am]
BILLING CODE 3510-22-F