[Code of Federal Regulations]
[Title 50, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR648.55]

[Page 348-351]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                         DEPARTMENT OF COMMERCE
 
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES--Table of Contents
 
   Subpart D--Management Measures for the Atlantic Sea Scallop Fishery
 
Sec. 648.55  Framework specifications.

    (a) Annually, or upon a request from the NEFMC, the Regional 
Administrator will provide the NEFMC with information on the status of 
the scallop resource.
    (b) Within 60 days of receipt of that information, the NEFMC PDT 
shall assess the condition of the scallop resource to determine the 
adequacy of the total allowable DAS reduction schedule, described in 
Sec. 648.53(b), and of other management measures to achieve the stock-
rebuilding objectives. In addition, the PDT shall make a determination 
whether other resource conservation issues exist that require a 
management response in order to meet the goals and objectives outlined 
in the Scallop FMP. The PDT shall report its findings and 
recommendations to the NEFMC. In its report to the NEFMC, the PDT shall 
provide the appropriate rationale and economic and biological analysis 
for

[[Page 349]]

its recommendation, utilizing the most current catch, effort, and other 
relevant data from the fishery.
    (c) Based on this review, the NEFMC PDT shall recommend total 
allowable DAS reduction schedules and develop options necessary to 
achieve the FMP goals and objectives, which may include a preferred 
option. The NEFMC PDT must demonstrate through analysis and 
documentation that the options it develops are expected to meet the 
Scallop FMP goals and objectives. The range of options developed by the 
NEFMC PDT may include any of the management measures in the Scallop FMP, 
including, but not limited to the categories described in 
Sec. 648.53(d).
    (d) After receiving the PDT findings and recommendations, the NEFMC 
shall determine whether adjustments to, or additional management 
measures are necessary to meet the goals and objectives of the Scallop 
FMP. After considering the PDT's findings and recommendations, or at any 
other time, if the NEFMC determines that adjustments to, or additional 
management measures are necessary, it shall develop and analyze 
appropriate management actions over the span of at least two NEFMC 
meetings. The NEFMC shall provide the public with advance notice of the 
availability of both the proposals and the analyses, and opportunity to 
comment on them prior to and at the second NEFMC meeting. The NEFMC's 
recommendation on adjustments or additions to management measures must 
come from one or more of the following categories:
    (1) DAS changes.
    (2) Shell height.
    (3) Offloading window reinstatement.
    (4) Effort monitoring.
    (5) Data reporting.
    (6) Trip limits.
    (7) Gear restrictions.
    (8) Permitting restrictions.
    (9) Crew limits.
    (10) Small mesh line.
    (11) Onboard observers.
    (12) Modifications to the overfishing definition.
    (13) VMS Demarcation Line for DAS monitoring.
    (14) DAS allocations by gear type.
    (15) Temporary leasing of scallop DAS requiring full public 
hearings.
    (16) Scallop size restrictions, except a minimum size or weight of 
individual scallop meats in the catch.
    (17) Aquaculture enhancement measures and closures.
    (18) Closed areas to lessen the amount of DAS reductions.
    (19) Closed areas to increase the size of scallops caught.
    (20) Modifications to the opening dates of closed areas.
    (21) Any other management measures currently included in the FMP.
    (e) The Council may make recommendations to the Regional 
Administrator to implement measures in accordance with the procedures 
described in this subpart to address gear conflict as defined under 50 
CFR 600.10. In developing such recommendation, the Council shall define 
gear management areas, each not to exceed 2700 mi2 (5000.4 
km2), and seek industry comments by referring the matter to 
its standing industry advisory committee for gear conflict, or to any ad 
hoc industry advisory committee that may be formed. The standing 
industry advisory committee or ad hoc committee on gear conflict shall 
hold public meetings seeking comments from affected fishers and develop 
findings and recommendations on addressing the gear conflict. After 
receiving the industry advisory committee findings and recommendations, 
or at any other time, the Council shall determine whether it is 
necessary to adjust or add management measures to address gear conflicts 
and which FMPs must be modified to address such conflicts. If the 
Council determines that adjustments or additional measures are 
necessary, it shall develop and analyze appropriate management actions 
for the relevant FMPs over the span of at least two Council meetings. 
The Council shall provide the public with advance notice of the 
availability of the recommendation, the appropriate justification and 
economic and biological analyses, and opportunity to comment on them 
prior to and at the second or final Council meeting before submission to 
the Regional Administrator. The Council's recommendation on adjustments 
or additions to management

[[Page 350]]

measures for gear conflicts must come from one or more of the following 
categories:
    (1) Monitoring of a radio channel by fishing vessels.
    (2) Fixed gear location reporting and plotting requirements.
    (3) Standards of operation when gear conflict occurs.
    (4) Fixed gear marking and setting practices.
    (5) Gear restrictions for specific areas (including time and area 
closures).
    (6) Vessel monitoring systems.
    (7) Restrictions on the maximum number of fishing vessels or amount 
of gear.
    (8) Special permitting conditions.
    (f) The measures shall be evaluated and approved by the relevant 
committees with oversight authority for the affected FMPs. If there is 
disagreement between committees, the Council may return the proposed 
framework adjustment to the standing or ad hoc gear conflict committee 
for further review and discussion.
    (g) After developing management actions and receiving public 
testimony, the NEFMC shall make a recommendation to the Regional 
Administrator. The NEFMC's recommendation must include supporting 
rationale and, if management measures are recommended, an analysis of 
impacts and a recommendation to the Regional Administrator on whether to 
publish the management measures as a final rule. If the NEFMC recommends 
that the management measures should be published as a final rule, the 
NEFMC must consider at least the following factors and provide support 
and analysis for each factor considered:
    (1) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether regulations have to be in place for an entire 
harvest/fishing season.
    (2) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the NEFMC's recommended management measures.
    (3) Whether there is an immediate need to protect the resource or to 
impose management measures to resolve gear conflicts.
    (4) Whether there will be a continuing evaluation of management 
measures adopted following their promulgation as a final rule.
    (h) If the NEFMC's recommendation includes adjustments or additions 
to management measures, and if, after reviewing the NEFMC's 
recommendation and supporting information:
    (1) The Regional Administrator concurs with the NEFMC's recommended 
management measures and determines that the recommended management 
measures may be published as a final rule based on the factors specified 
in paragraph (d) of this section, the action will be published in the 
Federal Register as a final rule; or
    (2) The Regional Administrator concurs with the NEFMC's 
recommendation and determines that the recommended management measures 
should be published first as a proposed rule, the action will be 
published as a proposed rule in the Federal Register. After additional 
public comment, if the Regional Administrator concurs with the NEFMC 
recommendation, the action will be published as a final rule in the 
Federal Register; or
    (3) The Regional Administrator does not concur, the NEFMC will be 
notified, in writing, of the reasons for the non-concurrence.
    (i) If the Regional Administrator concurs in the NEFMC's 
recommendation, a final rule shall be published in the Federal Register 
on or about February 1 of each year. If the NEFMC fails to submit a 
recommendation to the Regional Administrator by December 1 that meets 
the FMP goals and objectives, the Regional Administrator may publish as 
a proposed rule one of the options reviewed and not rejected by the 
NEFMC, provided that the option meets the FMP objective and is 
consistent with other applicable law. If, after considering public 
comment, the Regional Administrator decides to approve the option 
published as a proposed rule, the action will be published as a final 
rule in the Federal Register.
    (j) Nothing in this section is meant to derogate from the authority 
of the Secretary to take emergency action

[[Page 351]]

under section 305(e) of the Magnuson Act.

[61 FR 34968, July 3, 1996, as amended at 62 FR 1404, Jan. 10, 1997; 64 
FR 14839, Mar. 29, 1999]