80 FR 60568 - Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; State Waters Exemption

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 194 (October 7, 2015)

Page Range		60568-60569
FR Document		2015-25485

NMFS approves and implements an exemption for Northern Gulf of Maine federally permitted vessels with state-waters permits issued from the State of Maine to continue fishing in the Maine state-waters portion of the Northern Gulf of Maine management area once NMFS has announced that the Federal total allowable catch has been fully harvested in a given year. Maine requested this exemption as part of the Scallop State Water Exemption Program, which specifies that a state may be eligible for a state waters exemption to specific Federal regulations if it has a scallop fishery and a scallop conservation program that does not jeopardize the biomass and fishing mortality/ effort limit objectives of the Atlantic Sea Scallop Fishery Management Plan. Based on the information that Maine has submitted, NMFS has determined that Maine qualifies for this exemption and that this exemption will not have an impact on the effectiveness of Federal management measures for the scallop fishery overall or within the Northern Gulf of Maine management area.

Federal Register, Volume 80 Issue 194 (Wednesday, October 7, 2015)

[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Rules and Regulations]
[Pages 60568-60569]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-25485]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 150626556-5886-02]
RIN 0648-BF20

Fisheries of the Northeastern United States; Atlantic Sea Scallop
Fishery; State Waters Exemption

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

ACTION: Final rule.

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SUMMARY: NMFS approves and implements an exemption for Northern Gulf of
Maine federally permitted vessels with state-waters permits issued from
the State of Maine to continue fishing in the Maine state-waters
portion of the Northern Gulf of Maine management area once NMFS has
announced that the Federal total allowable catch has been fully
harvested in a given year. Maine requested this exemption as part of
the Scallop State Water Exemption Program, which specifies that a state
may be eligible for a state waters exemption to specific Federal
regulations if it has a scallop fishery and a scallop conservation
program that does not jeopardize the biomass and fishing mortality/
effort limit objectives of the Atlantic Sea Scallop Fishery Management
Plan. Based on the information that Maine has submitted, NMFS has
determined that Maine qualifies for this exemption and that this
exemption will not have an impact on the effectiveness of Federal
management measures for the scallop fishery overall or within the
Northern Gulf of Maine management area.

DATES: Effective November 6, 2015.

ADDRESSES: Documents supporting this action, including the State of
Maine's request for the exemption and Framework Adjustment 26 to the
Atlantic Sea Scallop Fishery Management Plan (FMP) are available upon
request from John K. Bullard, Regional Administrator, NMFS, Greater
Atlantic Regional Fisheries Office, 55 Great Republic Drive,
Gloucester, MA 01930. The Framework 26 Environmental Assessment and
Initial Regulatory Flexibility Analysis are also accessible via the
Internet at http://www.nefmc.org/scallops/index.html or http://www.greateratlantic.fisheries.noaa.gov/regs/2015/March/15scalfw26turtlepr.html.
Copies of the small entity compliance guide are available from John
K. Bullard, Regional Administrator, NMFS, Greater Atlantic Regional
Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930-2298,
or available on the Internet at http://www.greateratlantic.fisheries.noaa.gov/sustainable/species/scallop/.

FOR FURTHER INFORMATION CONTACT: Emily Gilbert, Fishery Policy Analyst,
978-281-9244.

SUPPLEMENTARY INFORMATION:

Background

The Scallop State Waters Exemption Program specifies that a state
with a scallop fishery may be eligible for state waters exemptions if
it has a scallop conservation program that does not jeopardize the
biomass and fishing mortality and effort limit objectives of the
Scallop FMP. Under the Program, if NMFS determines that a state is
eligible, federally permitted scallop vessels fishing in state waters
may be exempted from specific Federal scallop regulations. One of these
exemptions enables some scallop vessels to continue to fish in state
waters within the Northern Gulf of Maine (NGOM) management area once
the Federal NGOM total allowable catch (TAC) is reached. Any state
interested in applying for this exemption must identify the scallop-
permitted vessels that would be subject to the exemption (i.e., limited
access, limited access general category (LAGC) individual fishing
quota, LAGC incidental, or LAGC NGOM). No vessel is permitted to fish
for scallops in the Federal portion of the NGOM once the TAC is
harvested. We provided a broader description of the Scallop State
Waters Exemption Program in the preamble of the proposed rule (80 FR
46531; August 5, 2015) for this action and are not repeating that
information here.
NMFS received a request from Maine to expand its current exemptions
to allow federally NGOM-permitted vessels with Maine state-waters
permits to fish in the Maine state-waters portion of the NGOM
management area once we project the Federal NGOM TAC to be fully
harvested. This provision allows those vessels to continue to fish in
state waters along with state permitted vessels that do not have
Federal permits. Although the 70,000-lb (31,751-kg) NGOM Federal TAC
has never been exceeded since the NGOM management area was created in
2008, there is now a higher potential that the TAC will be reached
because scallop effort has increased in the NGOM in recent years as the
stock has improved, particularly in state waters. Without this
exemption, federally permitted vessels are unable to participate in
Maine's state water fishery if the Federal NGOM TAC is reached; state-
only permitted scallop vessels are able to continue to fish in state
waters after the Federal closure.
Based on the information Maine submitted regarding its scallop
conservation program, as outlined in the preamble to the proposed rule,
and considering comments received during the public comment period,
NMFS determines that the state qualifies for the NGOM state waters
exemption under the Scallop FMP. Maine's scallop fishery restrictions
are as restrictive as Federal scallop fishing regulations and this
exemption will not jeopardize the biomass and fishing mortality and
effort limit objectives of the FMP. Allowing for this NGOM exemption
will have no impact on the effectiveness of Federal management measures
for the scallop fishery overall or within the NGOM management area
because the NGOM Federal TAC is set based only on the portion of the
resource in Federal waters.
This exemption applies only to vessels with Federal NGOM permits.
All other federally permitted scallop vessel categories are prohibited
from retaining, possessing, and landing scallops from within the NGOM
management area, in both Federal and state waters, once the NGOM hard
TAC is fully harvested.

Comments and Responses

NMFS received two comment letters in response to the proposed rule,
one from from the Maine Department of Marine Resources and the other
from a member of the general public. We provide responses below to the
issues these commenters raised.
Comment 1: The Maine Department of Marine Resources stated its
support of NMFS issuing this exemption and provided information on the
current scallop regulations in its waters.
Response: NMFS is satisfied that Maine meets the criteria for this
NGOM exemption and thanks Maine for

[[Page 60569]]

submitting the necessary information to make this determination.
Comment 2: One individual was against issuing Maine this exemption,
generally stating that overfishing is substantial. The commenter
provided no other rationale to deny the permit.
Response: There is no evidence in the record to support the claim
that the scallop stock is not in a stable condition. The most recent
stock assessment (July 2013) concluded that scallop resource is not
overfished and overfishing is not occurring. As we discuss in the
preambles to both the proposed and final rules, allowing for this NGOM
exemption will not jeopardize the effectiveness of Federal management
measures for the scallop fishery overall or within the NGOM management
area because the NGOM Federal TAC is set based only on the portion of
the resource in Federal waters.

Classification

Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this final rule is
consistent with the FMP, other provisions of the Magnuson-Stevens Act,
and other applicable law.
The Office of Management and Budget (OMB) has determined that this
rule is not significant according to Executive Order (E.O.) 12866.
This final rule does not contain policies with federalism or
``takings'' implications, as those terms are defined in E.O. 13132 and
E.O. 12630, respectively.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Recordkeeping and reporting requirements.

Dated: September 30, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, 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

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. 648.54, paragraph (a)(4) is revised to read as follows:

Sec. 648.54 State waters exemption.

(a) * * *
(4) The Regional Administrator has determined that the State of
Maine has a scallop fishery conservation program for its scallop
fishery that does not jeopardize the biomass and fishing mortality/
effort limit objectives of the Scallop FMP. A vessel fishing in State
of Maine waters may fish under the State of Maine state waters
exemption, subject to the exemptions specified in paragraphs (b) and
(c) of this section, provided the vessel is in compliance with
paragraphs (e) through (g) of this section. In addition, a vessel
issued a Federal Northern Gulf of Maine permit fishing in State of
Maine waters may fish under the State of Maine state waters exemption
specified in paragraph (d) of this section, provided the vessel is in
compliance with paragraphs (e) through (g) of this section.
* * * * *
[FR Doc. 2015-25485 Filed 10-6-15; 8:45 am]
BILLING CODE 3510-22-P

$Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations 60569 submitting the necessary information to This final rule does not contain Authority: 16 U.S.C. 1801 et seq. make this determination. policies with federalism or ‘‘takings’’ implications, as those terms are defined ■ 2. In § 648.54, paragraph (a)(4) is Comment 2: One individual was in E.O. 13132 and E.O. 12630, revised to read as follows: against issuing Maine this exemption, generally stating that overfishing is respectively. § 648.54 State waters exemption. substantial. The commenter provided no The Chief Counsel for Regulation of other rationale to deny the permit. the Department of Commerce certified (a) * * * to the Chief Counsel for Advocacy of the (4) The Regional Administrator has Response: There is no evidence in the Small Business Administration during determined that the State of Maine has record to support the claim that the the proposed rule stage that this action a scallop fishery conservation program scallop stock is not in a stable would not have a significant economic condition. The most recent stock for its scallop fishery that does not impact on a substantial number of small assessment (July 2013) concluded that jeopardize the biomass and fishing entities. The factual basis for the scallop resource is not overfished and certification was published in the mortality/effort limit objectives of the overfishing is not occurring. As we proposed rule and is not repeated here. Scallop FMP. A vessel fishing in State discuss in the preambles to both the No comments were received regarding of Maine waters may fish under the proposed and final rules, allowing for this certification. As a result, a State of Maine state waters exemption, this NGOM exemption will not regulatory flexibility analysis was not subject to the exemptions specified in jeopardize the effectiveness of Federal required and none was prepared. paragraphs (b) and (c) of this section, management measures for the scallop provided the vessel is in compliance fishery overall or within the NGOM List of Subjects in 50 CFR Part 648 with paragraphs (e) through (g) of this management area because the NGOM Fisheries, Fishing, Recordkeeping and section. In addition, a vessel issued a Federal TAC is set based only on the reporting requirements. Federal Northern Gulf of Maine permit portion of the resource in Federal fishing in State of Maine waters may Dated: September 30, 2015. waters. Samuel D. Rauch III, fish under the State of Maine state Classification Deputy Assistant Administrator for waters exemption specified in Regulatory Programs, National Marine paragraph (d) of this section, provided Pursuant to section 304(b)(1)(A) of the Fisheries Service. the vessel is in compliance with Magnuson-Stevens Act, the NMFS For the reasons set out in the paragraphs (e) through (g) of this Assistant Administrator has determined that this final rule is consistent with the preamble, 50 CFR part 648 is amended section. FMP, other provisions of the Magnuson- as follows: * * * * * Stevens Act, and other applicable law. [FR Doc. 2015–25485 Filed 10–6–15; 8:45 am] PART 648—FISHERIES OF THE The Office of Management and Budget BILLING CODE 3510–22–P NORTHEASTERN UNITED STATES (OMB) has determined that this rule is not significant according to Executive ■ 1. The authority citation for part 648 Order (E.O.) 12866. continues to read as follows: asabaliauskas on DSK5VPTVN1PROD with RULES VerDate Sep<11>2014 17:26 Oct 06, 2015 Jkt 238001 PO 00000 Frm 00057 Fmt 4700 Sfmt 9990 E:\FR\FM\07OCR1.SGM 07OCR1$

Document Created: 2015-12-15 08:49:30
Document Modified: 2015-12-15 08:49:30

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		Effective November 6, 2015.
Contact		Emily Gilbert, Fishery Policy Analyst, 978-281-9244.
FR Citation		80 FR 60568
RIN Number		0648-BF20
CFR Associated		Fisheries; Fishing and Recordkeeping and Reporting Requirements

80 FR 60568 - Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; State Waters Exemption

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 194 (October 7, 2015)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration