[Federal Register Volume 75, Number 200 (Monday, October 18, 2010)]
[Rules and Regulations]
[Pages 63721-63723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26196]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 100803321-0477-01]
RIN 0648-BA08


Fisheries of the Northeastern United States; Atlantic Sea Scallop 
Fishery; Framework Adjustment 21; Correction

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

ACTION: Correcting amendments.

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SUMMARY: On June 28, 2010, NMFS published in the Federal Register the 
final rule to implement Framework Adjustment 21 (Framework 21) to the 
Atlantic Sea Scallop Fishery Management Plan (Scallop FMP), which 
established management measures for the 2010 scallop fishing year (FY). 
Following publication, NMFS identified errors, omissions, and possible 
need for clarification of some provisions. In addition to certain 
technical and wording clarifications, the Framework 21 final rule 
inadvertently did not incorporate a proposed regulatory provision 
pertaining to how scallop access area trip overages incurred during the 
interim period between the March 1, 2010, start of the fishing year 
(FY) and the implementation of Framework 21 FY 2010 management measures 
would be applied to FY 2011. This provision was described in the 
proposed rule and NMFS subsequently responded to specific comments on 
this provision and provided greater detail of this measure in the 
preamble of the final rule. However, the regulatory text was 
inadvertently excluded. In addition, the Framework 21 final rule 
inadvertently deleted regulations pertaining to limited access general 
category (LAGC) possession and landing limits promulgated in the final 
rule implementing Amendment 11 to the Scallop FMP that published in the 
Federal Register on April 24, 2008. This correcting amendment corrects 
these errors.

DATES: Effective October 18, 2010.

FOR FURTHER INFORMATION CONTACT: Emily Bryant, Fishery Policy Analyst, 
(978) 281-9244.

SUPPLEMENTARY INFORMATION: On June 28, 2010, the final rule for 
Framework 21 published in the Federal Register (75 FR 36559). The 
purpose of Framework 21, developed by the New England Fishery 
Management Council, was to set scallop management measures for FY 2010. 
The final rule to Framework 21 also included revisions to regulatory 
text at 50 CFR part 648 in order to remove or clarify text that was 
duplicative and unnecessary, outdated, or unclear.
    This action corrects errors and omissions, and provides 
clarification in the final rule for Framework 21. Because Framework 21 
was not implemented by the start of the FY on March 1, 2010, and the 
regulations in effect at the start of FY 2010 were inconsistent with 
Framework 21 specifications, the preamble to the proposed and final 
rules discussed how FY 2010 overages in scallop days-at-sea (DAS), 
access area trips, and possession limits incurred prior to Framework 
21's effectiveness would be applied to FY 2011 allocations. NMFS 
received one comment specifically addressing the provision for Elephant 
Trunk Access Area (ETAA) trip overages for limited access full-time 
scallop vessels during the comment period on the proposed rule and, 
based on this comment, NMFS intended to clarify this provision in the 
final rule. However, the specific reference to the ETAA trip overage 
provision was inadvertently omitted from the regulatory text. This 
action corrects this error by including the regulatory text to this 
specific provision in Sec.  648.60.
    This action also makes minor editorial revisions to the regulatory 
text at Sec. Sec.  648.14(i)(2)(i)(G) and 648.53(h)(5)(iv)(A) to ensure 
that the regulatory language incorporated through the Framework 21 
final rule is consistent with the language in other sections of the 
regulations. This action also corrects the title of a required vessel 
monitoring system (VMS) form for LAGC Northern Gulf of Maine (NGOM) and 
Individual Fishing Quota

[[Page 63722]]

(IFQ) vessels at Sec.  648.10(f)(4)(ii), to be consistent with other 
references to this form in the regulations, as well as with the current 
designation used in on-board VMS units.
    Finally, this action reinstates regulatory language pertaining to 
LAGC possession and landing limits at Sec.  648.14(i)(4)(i)(B)-(H), 
originally incorporated into the regulations through the final rule to 
Amendment 11 to the Scallop FMP (April 14, 2008; 73 FR 20090). These 
prohibitions were inadvertently deleted due to inaccurate regulatory 
instructions provided in both the proposed (April 27, 2010; 75 FR 
22073) and final rules to implement Framework 21.

Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for 
Fisheries, NOAA, finds good cause to waive prior notice and opportunity 
for additional public comment for this action because any delay of this 
action would be unnecessary, impracticable, or contrary to the public 
interest. This correcting amendment includes editorial revisions that 
make only minor, non-substantive changes in order to clarify the 
regulations and alleviate unnecessary confusion. The remaining 
revisions reflect the measures detailed in the preamble of the proposed 
rule for Framework 21, for which the opportunity for public comment was 
already given. The provision regarding FY 2010 ETAA access area trip 
overages was specifically addressed in the response to comments in the 
Framework 21 final rule and further described in detail in that rule's 
preamble. This provision was intended to be included in the final rule 
and was only unintentionally excluded. In addition, the inaccurate 
regulatory instructions which inadvertently deleted the prohibitions at 
Sec.  648.14(i)(4)(i)(B)-(H) were available in the proposed rule and 
the public had the opportunity to provide comments on this error at 
that time. This deletion was also unintentional. One comment was 
received during the comment period for Framework 21 in general support 
of NMFS initiating general revisions to clarify unclear text, implying 
support for reinstating inadvertently-deleted text that may result in 
further unintended confusion. For these reasons, there is good cause to 
waive prior notice and opportunity for additional public comment so 
that these errors may be corrected, and public confusion avoided, 
without delay.
    Moreover, pursuant to 5 U.S.C. 553(d), the Assistant Administrator 
finds good cause to waive the 30-day delay in effective date for the 
reasons given above. Most of these revisions make only minor, non-
substantive changes and do not change operating practices in the 
fishery. The immediate publication of the correct information regarding 
the ETAA overage provision for full-time scallop vessels and the 
prohibitions for possession and landing limits for LAGC NGOM and IFQ 
vessels would alleviate confusion among industry members regarding the 
final FY 2010 management measures to the Scallop FMP.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable.
    This final rule is exempt from review under Executive Order 12866.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: October 13, 2010.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.

0
For the reasons explained in the preamble, 50 CFR part 648 is corrected 
by making the following correcting amendments:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

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


0
2. In Sec.  648.10, paragraph (f)(4)(ii) is revised to read as follows:


Sec.  648.10  VMS and DAS requirements for vessel owners/operators.

* * * * *
    (f) * * *
    (4) * * *
    (ii) Scallop Pre-Landing Notification Form for IFQ and NGOM 
vessels. Using the Scallop Pre-Landing Notification Form, a vessel 
issued an IFQ or NGOM scallop permit must report through VMS the amount 
of any scallops kept on each trip declared as a scallop trip, including 
declared scallop trips where no scallops were landed. In addition, 
vessels with an IFQ or NGOM permit must submit a Scallop Pre-Landing 
Notification Form on trips that are not declared as scallop trips, but 
on which scallops are kept incidentally. A limited access vessel that 
also holds an IFQ or NGOM permit must submit the Scallop Pre-Landing 
Notification Form only when fishing under the provisions of the 
vessel's IFQ or NGOM permit. VMS Scallop Pre-Landing Notification forms 
must be submitted no less than 6 hr prior to crossing the VMS 
Demarcation Line on the way back to port, and must include the amount 
of scallop meats or bushels to be landed, the estimated time of arrival 
in port, the port at which the scallops will be landed, and the VTR 
serial number recorded from that trip's VTR. If the scallop harvest 
ends less than 6 hr prior to landing, then the Scallop Pre-Landing 
Notification form must be submitted immediately upon leaving the 
fishing grounds.
* * * * *

0
3. In Sec.  648.14, paragraphs (i)(2)(vi)(G) and (i)(4)(i) are revised 
to read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (i) * * *
    (2) * * *
    (vi) * * *
    (G) Fish for, possess, or retain more than a combined total of 
36,000 lb (16,329 kg) of scallops from the Delmarva and Elephant Trunk 
Access Areas specified in Sec.  648.59(a) and (e) during the period 
June 15 through August 31. This restriction does not include the 
additional possession allowance to defray the cost of carrying an 
observer, as specified in Sec.  648.60(d), that occurs during observed 
trips between June 15 through August 31.
* * * * *
    (4) * * *
    (i) Possession and landing. (A) Fish for or land per trip, or 
possess at any time, in excess of 400 lb (181.4 kg) of shucked, or 50 
bu (17.6 hL) of in-shell scallops shoreward of the VMS Demarcation 
Line, unless the vessel is carrying an observer as specified in Sec.  
648.11 while participating in the Area Access Program specified in 
Sec.  648.60 and an increase in the possession limit is authorized by 
the Regional Administrator and not exceeded by the vessel, as specified 
in Sec. Sec.  648.52(g) and 648.60(d)(2).
    (B) Fish for or land per trip, or possess at any time, in excess of 
200 lb (90.7 kg) of shucked or 25 bu (8.8 hL) of in-shell scallops in 
the NGOM scallop management area, unless the vessel is seaward of the 
VMS Demarcation Line and in possession of no more than 50 bu (17.6 hL) 
of in-shell scallops, or when the vessel is not declared into the NGOM 
scallop management area and is transiting the NGOM scallop management 
area with gear properly stowed and unavailable for immediate use in 
accordance with Sec.  648.23.
    (C) Possess more than 100 bu (35.2 hL) of in-shell scallops seaward 
of the

[[Page 63723]]

VMS Demarcation Line and not participating in the Access Area Program, 
or possess or land per trip more than 50 bu (17.6 hL) of in-shell 
scallops shoreward of the VMS Demarcation Line, unless exempted from 
DAS allocations as provided in Sec.  648.54.
    (D) Possess more than 50 bu (17.6 hL) of in-shell scallops, as 
specified in Sec.  648.52(d), outside the boundaries of a Sea Scallop 
Access Area by a vessel that is declared into the Access Area Program 
as specified in Sec.  648.60.
    (E) Fish for, possess, or land scallops after the effective date of 
a notification in the Federal Register that the quarterly TAC specified 
in Sec.  648.53(a)(8) has been harvested.
    (F) Fish for, possess, or land scallops in excess of a vessel's 
IFQ.
    (G) Fish for, possess, or land more than 40 lb (18.1 kg) of shucked 
scallops, or 5 bu (1.76 hL) of in-shell scallops shoreweard of the VMS 
Demarcation Line, or 10 bu (3.52 hL) of in-shell scallops seaward of 
the VMS Demarcation Line, when the vessel is not declared into the IFQ 
scallop fishery, unless the vessel is fishing in compliance with all of 
the requirements of the State waters exemption program, specified at 
Sec.  648.54.
    (H) Land scallops more than once per calendar day.
* * * * *

0
4. In Sec.  648.53, paragraph (h)(5)(iv)(A) is revised to read as 
follows:


Sec.  648.53  Target total allowable catch, DAS allocations, and 
individual fishing quotas.

* * * * *
    (h) * * *
    (5) * * *
    (iv) * * *
    (A) Application information requirements. An application to 
transfer IFQ must contain at least the following information: 
Transferor's name, vessel name, permit number, and official number or 
State registration number; transferee's name, vessel name, permit 
number, and official number or State registration number; total price 
paid for purchased IFQ; signatures of transferor and transferee; and 
date the form was completed. In addition, applications to temporarily 
transfer IFQ must indicate the amount, in pounds, of the IFQ allocation 
transfer, which may not be less than 100 lb (45 kg) unless that value 
reflects the total IFQ amount remaining on the transferor's vessel, or 
the entire IFQ allocation. Information obtained from the transfer 
application will be held confidential, and will be used only in 
summarized form for management of the fishery. If applicable, an 
application for a permanent IFQ transfer must be accompanied by 
verification, in writing, that the transferor either has requested 
cancellation of all other limited access Federal fishing permits, or 
has applied for a transfer of all of its limited access permits in 
accordance with the vessel replacement restrictions under Sec.  648.4.
* * * * *

0
5. In Sec.  648.60, paragraph (a)(3)(i)(A) is revised to read as 
follows:


Sec.  648.60  Sea scallop area access program requirements.

    (a) * * *
    (3) * * *
    (i) * * *
    (A) Except as provided in paragraph (c) of this section, paragraphs 
(a)(3)(i)(B) through (E) of this section specify the total number of 
trips that a limited access scallop vessel may take into Sea Scallop 
Access Areas during applicable seasons specified in Sec.  648.59. The 
number of trips per vessel in any one Sea Scallop Access Area may not 
exceed the maximum number of trips allocated for such Sea Scallop 
Access Area as specified in Sec.  648.59, unless the vessel owner has 
exchanged a trip with another vessel owner for an additional Sea 
Scallop Access Area trip, as specified in paragraph (a)(3)(ii) of this 
section, or has been allocated a compensation trip pursuant to 
paragraph (c) of this section. If, during the interim period between 
March 1, 2010, and the implementation of trip allocations specified in 
this section, a full-time limited access vessel takes more than the 
number of Elephant Trunk Access Area trips specified in this section, 
the trip overage will be deducted from the vessel's 2011 access area 
trip allocation. The deduction would be taken from the vessel's 
Elephant Trunk Access Area trip allocation if that area is open in 
2011. If the Elephant Trunk Access Area is not open in 2011, vessel 
owners will be given the opportunity to select the access area from 
which the trip overage would be deducted, with NMFS determining the 
access area if the vessel owner fails to respond.
* * * * *
[FR Doc. 2010-26196 Filed 10-15-10; 8:45 am]
BILLING CODE 3510-22-P