[Federal Register Volume 60, Number 31 (Wednesday, February 15, 1995)]
[Proposed Rules]
[Pages 8622-8623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3688]



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DEPARTMENT OF COMMERCE
50 CFR Part 650

[Docket No. 950118017-5017-01; I.D. 122994A]
RIN 0648-AH82


Atlantic Sea Scallop Fishery; Temporary Reduction in Crew-Size 
Limit

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues this proposed rule to implement measures contained 
in Framework Adjustment 4 to the Atlantic Sea Scallop Fishery 
Management Plan (FMP). The intent of this proposed framework is to 
reduce the maximum crew-size limit on Atlantic sea scallop vessels from 
nine to seven through February 29, 1996, to preserve small scallops.

DATES: Comments on the proposed rule must be received on or before 
February 27, 1995.

ADDRESSES: Comments on the proposed rule, Framework Adjustment 4, or 
supporting documents should be sent to Jon Rittgers, Acting Regional 
Director, National Marine Fisheries Service, Northeast Regional Office, 
1 Blackburn Street, Gloucester, MA 01930. Mark the outside of the 
envelope ``Comments on Sea Scallop Framework 4.''
    Copies of Amendment 4, its regulatory impact review and the initial 
regulatory flexibility analysis, the final supplemental environmental 
impact statement, and the supporting documents for Framework Adjustment 
4 are available from Douglas Marshall, Executive Director, New England 
Fishery Management Council, Suntaug Office Park, 5 Broadway, Saugus, MA 
01906-1097.

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

SUPPLEMENTARY INFORMATION:

Background

    The final rule for Amendment 4 to the FMP was published on January 
19, 1994 (59 FR 2757), with implementation for most measures on March 
1, 1994. The amendment retained the FMP's objectives to: (1) Restore 
adult stock abundance and age distribution; (2) increase yield per 
recruit for each stock; (3) evaluate plan research, development and 
enforcement costs; and (4) minimize adverse environmental impacts on 
sea scallops.
    Amendment 4 changed the primary management strategy from a meat 
count (size) control to effort control. The amendment controls total 
fishing effort through limited access permits and a schedule of 
reductions in allowable days-at-sea (DAS). Supplemental measures 
include limits on increases in vessel fishing power to control the 
amount of fishing pressure and to help control the size of scallops 
landed, gear restrictions, and limits on the number of crew members. 
Additionally, the amendment includes a framework procedure for 
adjusting the management measures in the FMP. Initially, the maximum 
crew size was set at nine.
    In response to very high levels of recruitment documented in the 
Mid-Atlantic resource area (Regional Director's Status Report, January 
1994) the New England Fishery Management Council (Council) recommended 
lowering the maximum crew-size limit from nine to seven until December 
31, 1994. NMFS concurred and through Framework Adjustment 1, which was 
published on July 19, 1994 (59 FR 36720), with an effective date of 
August 17, 1994, lowered the maximum crew size from nine to seven until 
December 31, 1994.
    Because the conditions that justified lowering the maximum crew-
size limit to seven still exist, the Council recommended extending the 
maximum crew-size limit of seven through the end of the 1995-96 scallop 
fishing year.
    This framework action proposes to lower the maximum crew size from 
nine to seven through February 29, 1996, the end of the 1995-96 scallop 
fishing year.
    The expected impact of the proposed seven-member crew limit was 
analyzed in Amendment 4. There are two possible ways for vessel 
operators to respond to reduced crew limits. They can try to fish for 
larger scallops, and if catches are sufficient, land as much weight of 
scallop meat as with a crew of nine; or they can continue catching and 
processing fewer small scallops; or a combination of both. Either 
response effectively reduces the number of scallops harvested by a 
vessel per DAS. For example, in the analysis done for this framework 
adjustment, it is estimated that a crew of seven can shuck and process 
900 lb (408.2 kg) (meat weight) of scallops per DAS, at an average of 
45 meats per lb (0.453 kg). A crew of nine, however, would be capable 
of shucking 1,500 lb (680.4 kg). Under ideal conditions, this impact 
would translate into a 40 percent reduction in fishing mortality of 
small scallops.
    The small scallops are less valuable than large one, and the seven-
man crew limit will encourage boats to target the larger scallops. The 
result will mean no reduction in revenue.
    By delaying harvest of these small scallops and because of their 
rapid growth rate, they will be available for harvest in a larger, more 
valuable size within a short time.
    The adjustments being made through the framework process
    (Sec. 650.40) are within the scope of analyses contained in 
Amendment 4 and the final supplemental environmental impact statement. 
Supplemental rationale and analyses of expected biological effects, 
economic impacts, impacts on employment, and safety concerns are 
contained within the supporting documents for Framework Adjustments 1 
and 4 (see ADDRESSES).
    NMFS is proposing to adjust the scallop regulations following the 
procedure for framework adjustments established by Amendment 4 and 
codified in 50 CFR part 650, subpart C. The Council followed this 
procedure when making adjustments to the FMP, by developing and 
analyzing the actions over the span of a minimum of two Council 
meetings, on October 26 and [[Page 8623]] December 8, 1994. However, 
because the December 8, 1994, meeting was not announced as the second 
and final of the two required meetings, the Council recommended to the 
Director, Northeast Region, NMFS (Regional Director) publication of the 
measures contained in Framework Adjustment 4 as a proposed rule to 
ensure that the public has been afforded sufficient opportunity for 
notice and comment.
    In accordance with the regulations, public comments on the 
framework adjustment were taken by the Council during its October 26, 
1994 and December 8, 1994 meetings. One member of the industry from 
Virginia Beach, VA and an attorney representing 22 full-time scallop 
vessels from New Bedford, MA, commented at the December meeting. The 
comments were in support of the recommended adjustment. Written 
responses were received on this framework adjustment from two 
individuals. Those comments questioned the safety aspects of a 
reduction in the minimum crew size. The analysis included in the 
Council's framework package suggests that, based on available Coast 
Guard data for the scallop fishery, there is no relationship between 
the size of the crew and accidents aboard scallop vessels. Fishers have 
publicly stated that most New Bedford scallop boats carried less than 
seven crew members in the winter of 1993-94 simply because scallop 
stocks were low. Fishers also stated, and NMFS concurs, that there is 
nothing inherently dangerous about using a seven-person crew and that 
safety ultimately depends upon onboard safety practices rather than 
crew size.

Classification

    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Assistant General Counsel of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
This action, if adopted, is a 1-year reimposition of a restriction in 
crew limit size established by Framework #1 to the FMP, effective from 
August 17, 1994, through December 31, 1994. The proposed action would 
not have a significant economic impact on a substantial number of small 
entities for the following reasons: (1) It is unlikely to force vessels 
to cease or substantially modify operations; (2) many vessels already 
carried crew sizes of seven or less because of low stock abundance of 
sea scallops; and (3) short-term benefits of harvesting immature sea 
scallops in 1995 that have never produced young for future years would 
be greatly outweighed by longer-term benefits to small entities for the 
next several years. As a result, a regulatory flexibility analysis was 
not prepared.

List of Subjects in 50 CFR Part 650

    Fisheries, Reporting and recordkeeping requirements.

    Dated: February 8, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 650 is amended 
as follows:

PART 650--ATLANTIC SEA SCALLOP FISHERY

    1. The authority citation for part 650 continues to read as 
follows:

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

    2. Section 650.21 is proposed to be amended by revising paragraph 
(c) to read as follows:


Sec. 650.21  Gear and crew restrictions.

* * * * *
    (c) Crew restrictions. Limited-access vessels participating in or 
subject to the scallop DAS allocation program may have no more than 
seven people onboard when not docked or moored in port through February 
29, 1996, and nine people onboard when not docked or moored in port 
thereafter, including the operator, unless participating in the small 
dredge program specified in paragraph (e) of this section, or otherwise 
authorized by the Regional Director.
* * * * *
[FR Doc. 95-3688 Filed 2-10-95; 8:54 am]
BILLING CODE 3510-22-F