8622 Federal Register / Vol. 60, No. 31 / Wednesday, February 15, 1995 / Proposed Rules

(i) Until the fishing year quota

specified in § 646.24(c) is reached, 5,000

lb (2,268 kg).

(ii) After the fishing year quota

specified in § 646.24(c) is reached, 300

lb (136 kg).

(b) Reduction of trip limits. When a

commercial quota specified in

§ 646.24(b) or (c) is reached, or is

projected to be reached, the Assistant

Administrator will file a notification to

that effect with the Office of the Federal

Register. On and after the effective date

of such notification, for the remainder of

the fishing year, the appropriate trip

limit applies.

(c) Combination of trip limits. A

person who fishes in the EEZ may not

combine a trip limit under this section

with any trip or possession limit

applicable to state waters.

(d) Transfer at sea. A snowy grouper

or golden tilefish taken in the EEZ may

not be transferred at sea, regardless of

where such transfer takes place; a

snowy grouper or golden tilefish may

not be transferred at sea in the EEZ,

regardless of where such snowy grouper

or golden tilefish was taken.

(e) Sale/purchase of excess fish.

Snowy grouper or golden tilefish in

excess of an applicable trip limit

specified in paragraph (a) of this section

may not be sold, purchased, traded, or

bartered, or attempted to be sold,

purchased, traded, or bartered.

[FR Doc. 95–3695 Filed 2–14–95; 8:45 am]

BILLING CODE 3510–22–F

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.

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 MidAtlantic 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

(§ 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
Federal Register / Vol. 60, No. 31 / Wednesday, February 15, 1995 / Proposed Rules 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:

§ 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