Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery and Northeast Multispecies Fishery; Framework Adjustment 25, 34251-34269 [2014-14005]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 79, Number 115 (Monday, June 16, 2014)]
[Rules and Regulations]
[Pages 34251-34269]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14005]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.: 140305202-4478-02]
RIN 0648-BE07


Fisheries of the Northeastern United States; Atlantic Sea Scallop 
Fishery and Northeast Multispecies Fishery; Framework Adjustment 25

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 regulations for Framework 
Adjustment 25 to the Atlantic Sea Scallop Fishery Management Plan 
(Framework 25), which the New England Fishery Management Council 
adopted and submitted to NMFS for approval. Framework 25 sets 
specifications for the Atlantic sea scallop fishery for fishing year 
2014, including days-at-sea allocations, individual fishing quotas, and 
sea scallop access area trip allocations. This action also sets 
precautionary default FY 2015 specifications, in case NMFS implements 
the next framework after the March 1, 2015, start of fishing year 2015, 
and the fishery must operate under transitional measures. Framework 25 
also allows vessels to land pounds that went unharvested in Closed Area 
I Access Area in 2012 and 2013 in a future year; develops Southern New 
England/Mid-Atlantic windowpane flounder accountability measures; and 
provides full-time scallop vessels the option to exchange their 
allocated Delmarva Access Area trip for 5 days-at-sea.

DATES: Effective June 16, 2014, except for the amendment to Sec.  
648.51(b)(4)(iv)(B) in amendatory instruction 4.b, which is effective 
July 16, 2014.

ADDRESSES: The Council developed an environmental assessment (EA) for 
this action that describes the action and other considered alternatives 
and provides a thorough analysis of the impacts of these measures. 
Copies of the Framework, the EA, and the Initial Regulatory Flexibility 
Analysis (IRFA), are available upon request from Thomas A. Nies, 
Executive Director, New England Fishery Management Council, 50 Water 
Street, Newburyport, MA 01950. The EA/IRFA is also accessible via the 
Internet at https://www.nefmc.org/scallops/.
    Copies of the small entity compliance guide are available from John 
K. Bullard, Regional Administrator, NMFS, Northeast Regional Office, 55 
Great Republic Drive, Gloucester, MA 01930-2298, or available on the 
Internet at https://www.nero.noaa.gov/sustainable/species/scallop/.

FOR FURTHER INFORMATION CONTACT: Travis Ford, Fishery Policy Analyst, 
978-281-9233.

SUPPLEMENTARY INFORMATION:

Background

    The scallop fishery's management unit ranges from the shorelines of 
Maine through North Carolina to the outer boundary of the Exclusive 
Economic Zone. The Scallop Fishery Management Plan (FMP), first 
established in 1982, includes a number of amendments and framework 
adjustments that have revised and refined the fishery's management. The 
Council sets scallop fishery specifications through framework 
adjustments that occur annually or biennially. This action includes 
allocations for fishing year (FY) 2014, as well as other scallop 
fishery management measures.
    The Council adopted Framework 25 on January 29, 2014, and initially 
submitted it to NMFS on March 13, 2014, for review and approval. The 
Council submitted a revised final framework document on April 17, 2014. 
Framework 25 specifies measures for FY 2014, but includes FY 2015 
measures that will go into place as a default, should the next 
specifications-setting framework be delayed beyond the start of FY 
2015. NMFS is implementing Framework 25 after the start of FY 2014; FY 
2014 default measures have been in place since March 1, 2014. Because 
the default allocation for the Limited Access General Category (LAGC) 
Individual Fishing Quota (IFQ) fleet is higher for FY 2014 than what is 
set under Framework 25, we identify and describe payback measures below 
to address unintended consequences of the late implementation of this 
action. This action includes some measures that are not explicitly in 
Framework 25, which we are implementing under the authority of section 
305(d) of the Magnuson-Stevens Fishery Conservation and Management Act

[[Page 34252]]

(MSA). This section of the MSA provides that the Secretary of Commerce 
may promulgate regulations necessary to ensure that amendments to an 
FMP are carried out in accordance with the FMP and the MSA. These 
measures, which are separately identified and described below, are 
necessary to address unintended consequences of the late implementation 
of this action, as well as to clarify implied measures which may not 
have been explicitly included in Framework 25. The Council has reviewed 
the Framework 25 proposed rule regulations as drafted by NMFS and 
deemed them to be necessary and appropriate as specified in section 
303(c) of the MSA. The proposed rule for Framework 25 published in the 
Federal Register on May 9, 2014 (79 FR 26690), with a 15-day public 
comment period that ended May 27, 2014. NMFS received two comments on 
the proposed measures.
    The final Framework 25 management measures are described below. 
NMFS presented details concerning the Council's development of and 
rationale for these measures in the preamble of the proposed rule and 
has not repeated them in this final rule.

Specification of Scallop Overfishing Limit (OFL), Acceptable Biological 
Catch (ABC), Annual Catch Limits (ACLs), Annual Catch Targets (ACTs), 
and Set-Asides for FY 2014 and Default Specifications for FY 2015

    The Council sets the OFL based on a fishing mortality rate (F) of 
0.38, equivalent to the F threshold updated through the most recent 
scallop stock assessment. The Council sets the ABC and the equivalent 
total ACL for each FY based on an F of 0.32, which is the F associated 
with a 25-percent probability of exceeding the OFL. The Council's 
Scientific and Statistical Committee recommended scallop fishery ABCs 
for FYs 2014 and 2015 of 45.8 M lb (20,782 mt) and 52.9 M lb (23,982 
mt), respectively, after accounting for discards and incidental 
mortality. The Scientific and Statistical Committee will reevaluate an 
ABC for FY 2015 when the Council develops the next framework 
adjustment.

               Table 1--Scallop Catch Limits for FYs 2014 and 2015 for the LA and LAGC IFQ Fleets
----------------------------------------------------------------------------------------------------------------
                                                      2014                                  2015
----------------------------------------------------------------------------------------------------------------
Overfishing Limit..................  30,419 mt (67,062,427 lb)              34,247 mt (75,501,724 lb)
ABC/ACL w/discards removed.........  20,782 mt (45,816,475 lb)              23,982 mt (52,871,269 lb)
Incidental TAC.....................  22.7 mt (50,000 lb)                    22.7 mt (50,000 lb)
Research Set-Aside (RSA)...........  567 mt (1,250,000 lb)                  567 mt (1,250,021 lb)
Observer Set-aside (1 percent of     208 mt (458,562 lb)                    240 mt (529,110 lb)
 ABC/ACL).
LA sub-ACL (94.5 percent of total    18,885 mt (41,634,305 lb)              21,879 mt (48,234,778 lb)
 ACL, after deducting set-asides
 and incidental catch).
LA sub-ACT (adjusted for management  15,567 mt (34,319,360 lb)              16,540 mt (36,463,509 lb)
 uncertainty).
LAGC IFQ sub-ACL (5.0 percent of     999.2 mt (2,202,859 lb)                1,158 mt (2,552,105 lb)
 total ACL, after deducting set-
 asides and incidental catch).
LAGC IFQ sub-ACL for vessels with    99.9 mt (220,286 lb)                   116 mt (255,210 lb)
 LA scallop permits (0.5 percent of
 total ACL, after deducting set-
 asides and incidental catch).
----------------------------------------------------------------------------------------------------------------

    Table 1 outlines the scallop fishery catch limits derived from the 
ABC values. After deducting the incidental target total allowable catch 
(TAC) and the research and observer set-asides, the Council proportions 
out the remaining ACL available to the fishery according to the fleet 
allocations established in Amendment 11 to the Scallop FMP (Amendment 
11; 72 FR 20090; April 14, 2008): 94.5 percent allocated to the limited 
access (LA) scallop fleet (i.e., the larger ``trip boat'' fleet); 5 
percent allocated to the LAGC IFQ fleet (i.e., the smaller ``day boat'' 
fleet); and the remaining 0.5 percent allocated to LA scallop vessels 
that also have LAGC IFQ permits. We refer to these separate ACLs and 
their corresponding ACTs as sub-ACLs and sub-ACTs, respectively, 
throughout this action. Amendment 15 to the Scallop FMP (76 FR 43746; 
July 21, 2011) specified that no buffers to account for management 
uncertainty are necessary in setting the LAGC sub-ACLs, meaning that 
the LAGC sub-ACL would equal the LAGC sub-ACT. As a result, the LAGC 
sub-ACL values in Table 1, based on an F of 0.32, represent the amount 
of catch that NMFS will use to calculate IFQ percentage shares for each 
vessel's IFQ for a given FY. For the LA fleet, the Council set a 
management uncertainty buffer based on the F associated with a 75-
percent probability of remaining below the F associated with ABC/ACL, 
which results in an F of 0.28.
    This action deducts 1.25 M lb (567 mt) of scallops annually for FYs 
2014 and 2015 from the ABC and sets it aside as the Scallop RSA to fund 
scallop research and to compensate participating vessels through the 
sale of scallops harvested under RSA projects. Beginning March 1, 2014, 
this set-aside is available for harvest by RSA-funded projects in open 
areas. In an effort to reduce mortality of both larger and smaller 
scallops in the Nantucket Lightship (NLS) and Delmarva (DMV) access 
areas, Framework 25 does not allow RSA to be harvested from these two 
areas, and once this action is approved and implemented, applicable 
vessels will be able to harvest RSA from the Closed Area II access area 
(CA2) or open areas.
    This action also removes 1 percent from the ABC and set it aside 
for the industry-funded observer program to help defray the cost of 
carrying an observer. The observer set-aside for FYs 2014 and 2015 are 
208 mt (458,562 lb) and 240 mt (529,110 lb), respectively.

Temporary Adjustment to the Principles Used for Setting Target Catch 
Levels

    This action temporarily modifies a current principle used for 
setting target catch levels in this fishery. Specifically, the 
overfishing definition approved in Amendment 15 includes three main 
principles to set target catch: (1) F in open areas cannot exceed 0.38; 
(2) spatially averaged F target is limited to 0.28 for all areas 
combined (open and closed areas); and (3) F targets for access areas 
are based on a time-averaged principle (i.e., higher F in some years 
followed by closures or limited fishing levels in subsequent years). 
This action temporarily modifies the first principle, and allows open 
area F to exceed F threshold (0.38) for FY 2014 only. Because NMFS does 
not consider this a modification of the overall overfishing definition 
for the fishery as a whole, this temporary change is a frameworkable 
measure under the Scallop FMP. This minor, temporary adjustment is 
consistent with the FMP, and, when analyzed in connection with measures

[[Page 34253]]

for access to closed areas, still consistent with achieving an overall 
F of 0.28. Open area F will increase to a level that provides projected 
catch levels similar to FY 2013, but will not exceed an overall 
combined F of 0.28 for all areas. The OFL for the scallop stock as a 
whole (F of 0.38) will remain unchanged. The estimates of F for this 
action are 0.52 for open areas, and 0.21 for all areas combined. 
Framework 25 projects that this level of effort in the open area will 
provide short-term economic benefits that outweigh any reduction in 
benefits due to projected marginal reductions in future DAS allocations 
in open areas.

Open Area Days-at-Sea (DAS) Allocations

    This action implements vessel-specific DAS allocations for each of 
the three LA scallop DAS permit categories (i.e., full-time, part-time, 
and occasional) for FYs 2014 and 2015 (Table 2). The FY 2014 DAS 
allocations in Table 2 represent an increase in DAS for full-time, 
part-time, and occasional vessels from the allocations set at the start 
of FY 2014 (i.e., 23, 9, and 2 DAS, respectively). FY 2015 DAS 
allocations are precautionary, and are set at 75 percent of what 
current biomass projections indicate could be allocated to each LA 
scallop vessel for the entire FY so as to avoid over-allocating DAS to 
the fleet in the event that the framework that will set those 
allocations, if delayed past the start of FY 2015, estimates that DAS 
should be less than currently projected. The allocations in Table 2 
exclude any DAS deductions that are required if the limited access 
scallop fleet exceeded its 2013 sub-ACL.

    Table 2--Scallop Open Area DAS Allocations for FYs 2014 and 2015
------------------------------------------------------------------------
                  Permit category                    FY 2014    FY 2015
------------------------------------------------------------------------
Full-Time.........................................         31         17
Part-Time.........................................         12          7
Occasional........................................          3          1
------------------------------------------------------------------------

LA Trip Allocations, the Random Allocation Process, and Possession 
Limits for Scallop Access Areas

    Framework 25 maintains the current closure of the ETA for FYs 2014 
and 2015. In addition, Framework 25 closes the Hudson Canyon Access 
Area (HCA) and the Closed Area 1 Access Area (CA1) for FYs 2014 and 
2015 because these access areas are no longer able to support 
profitable trips and to protect recruitment in HCA.
    For FY 2014, full-time LA vessels will receive two 12,000-lb 
(5,443-kg) access area trips. We will allocate each vessel allocate one 
trip in either the NLS or CA2 access area, and one trip in the DMV. 
Table 3 shows the total number of trips allocated to full-time vessels 
for each area.

     Table 3--Total Number of FY 2014 Full-Time Trips by Access Area
------------------------------------------------------------------------
                                                             Number of
                       Access area                           full-time
                                                           vessel trips
------------------------------------------------------------------------
HCA.....................................................               0
DMV.....................................................             313
ETA.....................................................               0
CA1.....................................................               0
CA2.....................................................             197
NLS.....................................................             116
                                                         ---------------
  Total.................................................           * 626
------------------------------------------------------------------------
* There are a total of 313 full-time vessels and each vessel will
  receive 2 trips.

    Part-time vessels will receive one FY 2014 access area trip 
allocation in 2014 equivalent to 9,600 lb (4,354 kg), and vessels with 
limited access occasional permits will receive one 2,000-lb (907-kg) 
trip. These trips could be taken in any one of the access areas that is 
open to the fishery for FY 2014 (i.e., DMV, NLS, or CA2).
    In order to ensure appropriate access area allocations in the next 
framework adjustment, Framework 26, we did not allocate any access area 
trips under FY 2015 default measures. The next framework that would 
replace these FY 2015 default measures would include the FY 2015 access 
area allocations based on updated scallop projections. If Framework 26 
is delayed past March 1, 2015, scallop vessels will be restricted to 
fishing in open areas until final FY 2015 specifications are 
implemented. However, vessels will be able to fish FY 2014 compensation 
trips in the access areas that were open in FY 2014 (e.g., DMV, NLS, 
and CA2) for the first 60 days that those areas are open in FY 2015, or 
until Framework 26 is approved and implemented, whichever occurs first. 
NMFS does not expect this level of effort to greatly impact the scallop 
resource or affect FY 2015 allocations.
    In order to avoid allocating trips into access areas with scallop 
biomass levels not large enough to support a full trip by all 313 LA 
full-time vessels, Framework 25 allocates ``split-fleet'' trips into 
certain access areas. First, Framework 25 allocates each full-time 
vessel one trip in the DMV area. Then Framework 25 randomly allocates 
one trip to each full-time vessel into either NLS or CA2. In order to 
facilitate trading trips between vessels, the Council has already 
specified allocations for full-time vessels for FY 2014. These 
allocations are listed in Appendix IV of the Framework 25 document (See 
ADDRESSES), as well as NMFS's Web site.

Ability To Exchange a DMV Trip for 5 DAS

    In response to uncertain projections of scallop sizes and densities 
in DMV, this action gives LA vessels the flexibility to exchange their 
12,000-pound DMV trip for 5 open area DAS. If a vessel chooses not to 
fish in DMV and, instead, fish take the additional 5 DAS, the vessel 
will automatically receive the additional 5 DAS in one of two ways. 
First, DMV will close 90 days after the implementation of Framework 25. 
If a vessel does not take its DMV trip before DMV closes, that vessel 
will automatically be credited 5 additional DAS. For example, Vessel A 
will receive 31 DAS once this action goes into place. When DMV closes 
90 days after the implementation of Framework 25, if Vessel A never 
declared or fished a DMV trip, then Vessel A will automatically be 
credited with 5 additional DAS, giving Vessel A a total of 36 DAS for 
FY 2014. Alternatively, a vessel could fish its initial allocation of 
31 open area DAS before the DMV closes, then fish five additional DAS 
by deciding not fish a DMV trip, regardless of whether the DMV has 
closed. For example, if Vessel B fishes a total of 31 DAS prior to the 
DMV closing, it could fish up to an additional 5 DAS even if the DMV 
hasn't closed. Vessel B could not fish in the DMV subsequent to using 
any or all of the additional 5 DAS. We will track trips and 
declarations to automatically convert the non-used DMV trip into 5 
additional DAS. We will notify all vessel owners of this process upon 
the implementation of this action.

LAGC Measures

    1. Sub-ACL for LAGC vessels with IFQ permits. For LAGC vessels with 
IFQ permits, this action sets a 2,202,859-lb (999.2-mt) ACL for FY 2014 
and an initial ACL of 2,552,105 lb (1,158 mt) for FY 2015 (Table 1). We 
calculate IFQ allocations by applying each vessel's IFQ contribution 
percentage to these ACLs. These allocations assume that no LAGC IFQ AMs 
are triggered. If a vessel exceeds its IFQ in a given FY, its IFQ for 
the subsequent FY will be reduced by the amount of the overage.
    Because Framework 25 is going into effect after the March 1 start 
of FY 2014, we implemented the default FY 2014 IFQ allocations. These 
default FY 2014 IFQ allocations are higher than those set

[[Page 34254]]

by Framework 25. To provide the ability for IFQ permit holders to 
transfer the entirety of their final FY 2014 quota, industry members 
requested that vessels have access to their full allocation at the 
beginning of the FY. Consequently, it is possible that scallop vessels 
could exceed their Framework 25 IFQ allocations during this interim 
period between March 1, 2014, and NMFS's implementation of the IFQ 
allocations in Framework 25. To account for this possibility, Framework 
25 specifies the following payback measure for LAGC IFQ vessels: If a 
vessel transfers (i.e., temporary lease or permanent transfer) all of 
its allocation to other vessels prior to Framework 25's implementation 
(i.e., transfers more than it is ultimately allocated for FY 2014), the 
vessel that transferred in the pounds will receive a pound-for-pound 
deduction in FY 2014 (not the vessel that leased out the IFQ). This is 
the identical process that NMFS took at the start of last year (FY 
2013) to account for lower allocations that will be implemented mid-
year. Examples on how these payback measures would be applied are 
available in the preamble to the proposed rule. LAGC permit holders 
have been notified of these potential payback provisions.
    The onus is on the vessel owners to have a business plan to account 
for the mid-year adjustments in light of these payback measures. We 
sent a letter to IFQ permit holders providing both March 1, 2014, IFQ 
allocations and Framework 25 proposed IFQ allocations so that vessel 
owners know how much they can transfer to avoid any overages incurred 
through transferring full allocations prior to the implementation of 
Framework 25. We have explained the consequences of owners' leasing 
decisions that involve full allocations that will be reduced under 
Framework 25.
    2. Sub-ACL for LA Scallop Vessels with IFQ Permits. For LA scallop 
vessels with IFQ permits, this action sets a 220,286-lb (99.9-mt) ACL 
for FY 2014 and an initial 255,210-lb (116-mt) ACL for FY 2015 (Table 
1). We calculate IFQ allocations by applying each vessel's IFQ 
contribution percentage to these ACLs. These allocations assume that no 
LAGC IFQ AMs are triggered. If a vessel exceeds its IFQ in a given FY, 
its IFQ for the subsequent FY will be reduced by the amount of the 
overage.
    If a vessel fishes all of the scallop IFQ it receives at the start 
of FY 2014, it will incur a pound-for-pound overage deduction that will 
be applied against its FY 2015 IFQ allocation, along with any other 
overages incurred in FY 2014, as part of the individual AM applied to 
the LA vessels with LAGC IFQ permits. These vessels cannot participate 
in the IFQ transfer program, so transferring in more quota is not an 
option.
    3. LAGC IFQ Trip Allocations and Possession Limits for Scallop 
Access Areas. Table 4 outlines the total number of FY 2014 LAGC IFQ 
fleetwide access area trips. Once the total number of trips is 
projected to be fished, we will close that access area to LAGC IFQ 
vessels for the remainder of FY 2014.

    Table 4--LAGC Fleet-Wide Access Area Trip Allocations for FY 2014
------------------------------------------------------------------------
                         Access area                            FY 2014
------------------------------------------------------------------------
CA1..........................................................          0
CA2..........................................................          0
NLS..........................................................        241
HC...........................................................          0
ETA..........................................................          0
DMV..........................................................        516
------------------------------------------------------------------------

    To make up for the fact that the IFQ vessels will not be able to 
access CA2, the Council specified in Framework 25 to include 5.5 
percent of the CA2 available TAC in setting LAGC IFQ fleetwide access 
area trip allocations, essentially shifting those CA2 trips to other 
access areas closer to shore, so that LAGC IFQ vessels will have the 
opportunity to harvest up to 5.5 percent of the overall access area 
TAC, not just that available in areas open to them. Specifically, this 
action will equally divide 226 trips that would have been allocated to 
CA2 into the other 2 areas (DMV and NLS), adding 113 additional trips 
per area.
    In order to preserve appropriate access area allocations, there 
will be no access area trips allocated to LAGC IFQ vessels under FY 
2015 default measures. The next framework that will replace these FY 
2015 default measures will include the FY 2015 access area allocations 
based on updated scallop projections. If Framework 26 is delayed past 
March 1, 2015, LAGC IFQ scallop vessels will be restricted to fishing 
their IFQ allocations in open areas until final FY 2015 specifications 
are implemented.
    4. NGOM TAC. This action sets a 70,000-lb (31,751-kg) annual NGOM 
TAC for FYs 2014 and 2015. The allocation for FY 2015 assumes that 
there are no overages in FY 2014, which will trigger a pound-for-pound 
deduction in FY 2015 to account for the overage.
    5. Scallop Incidental Catch Target TAC. This action sets a 50,000-
lb (22,680-kg) scallop incidental catch target TAC for FYs 2014 and 
2015 to account for mortality from this component of the fishery, and 
to ensure that F-targets are not exceeded.

Restrictions to the DMV

1. Seasonal Restriction
    Framework 25 allows all scallop vessels to fish their FY 2014 DMV 
trips from June 16, 2014 until September 15, 2014. The closure of DMV 
following the 3-month fishery reduces mortality by concentrating 
harvest in the area when meat yields are the highest.
2. Crew Limit Restrictions
    In an effort to protect small scallops and discourage vessels from 
highgrading (discarding smaller scallops in favor of larger ones), 
Framework 25 imposes a crew limit of seven individuals per LA vessel in 
DMV. If a vessel is participating in the small dredge program it may 
not have more than five people on board.

Unharvested Pounds in Closed Area 1

1. FY 2012
    Towards the end of FY 2012 and into FY 2013, catch rates in CA1 
began to drop below profitable levels. Many vessels were unable to 
harvest the pounds associated with their CA1 trips. This action allows 
unused pounds associated with FY 2012 CA1 trips to be to be harvested 
by some of those vessels in CA1 when it reopens in the future. For FY 
2012 CA1 trips, this opportunity is limited to vessels that submitted a 
broken trip adjustment sheet and qualified for a compensation trip.
2. FY 2013
    Because catch rates had not yet begun to fall in CA1 during 
development of the FY 2013 specifications, Framework 24 allocated an 
additional 118 trips into CA1 in FY 2013. Most of the vessels allocated 
CA1 FY 2013 trips were unable to fish some or any of their trips. 
Framework 25 allows unharvested pounds associated with FY 2013 CA1 
trips to be harvested by the vessel in CA1 when it reopens in the 
future. Because the potential for this provision had been discussed 
throughout the year, for FY 2013 CA1 trips, vessels are not required to 
submit a broken trip adjustment sheet to receive the opportunity to 
harvest these unused pounds. Instead, NMFS will determine which vessels 
have scallop pounds left to harvest and will inform vessel owners after 
Framework 25 is implemented.
    Any CA1 pounds that will be allocated to vessels from FYs 2012 or 
2013 to be harvested in a future FY will come off that future FY's LA 
sub-ACL. The Scallop FMP sets an ACL for every FY based on the most up-
to-date

[[Page 34255]]

surveys, and we cannot allocate the fleet any additional scallops above 
this limit even if they are ``carried over'' from prior years.

Addition of Southern New England/Mid-Atlantic (SNE/MA) Windowpane 
Flounder AMs

    Framework Adjustment 48 to the Northeast Multispecies FMP (78 FR 
26118, May 3, 2013) established a sub-ACL for SNE/MA windowpane 
flounder. This action contains two measures for AMs to respond to and 
prevent, reactive and proactive, respectively, overages in the SNE/MA 
windowpane flounder sub-ACL.
1. Reactive AM
    This action adds a reactive AM for SNE/MA windowpane flounder. If 
the scallop sub-ACL for the scallop fishery is exceeded, the area west 
of 71[deg] W. Long., excluding Mid-Atlantic access areas (HCA, ETA, and 
DMV), will be considered the SNE/MA windowpane flounder gear restricted 
area. Scallop vessels participating in the DAS or LAGC IFQ scallop 
fisheries would be required to comply with the gear restrictions 
described below for the months of February or February through March, 
depending on the severity of the overage (Table 5).

    Table 5--SNE/MA Windowpane Flounder AM Length of Gear Restriction
------------------------------------------------------------------------
      Percent overage of sub-ACL          Length of gear  restriction
------------------------------------------------------------------------
0-20.................................  February.
>20..................................  March and February.
------------------------------------------------------------------------

    When a vessel is subject to the SNE/MA windowpane flounder 
accountability measure gear restricted area, the vessel will be 
required to fish with dredges where:
    (1) The maximum number of rows of rings in the apron of the topside 
does not exceed five rows; and
    (2) The maximum hanging ratio for a net, net material, or any other 
material on the top of a scallop dredge (twine top) possessed or used 
by vessels fishing with scallop dredge gear does not exceed 1.5:1 
overall. An overall hanging ratio of 1.5:1 means that the twine top is 
hung alternating 2 meshes per ring and 1 mesh per ring (counted at the 
bottom where the twine top connects to the apron), for an overall 
average of 1.5 meshes per ring for the entire width of the twine top. 
For example, an apron that is 40 meshes wide (not including any ring in 
the side pieces) will only be able to use a twine top with 60 or fewer 
meshes so that the overall ratio of meshes to rings did not exceed 1.5 
(60 meshes/40 rings = 1.5) (copies of a figure depicting this gear are 
available from the Regional Administrator upon request).
2. Proactive AM
    In addition to the reactive AM described above, this action 
implements a gear restriction in the area west of 71[deg] W. Long., 
excluding Mid-Atlantic access areas that are meant to help reduce 
bycatch of windowpane flounder and other species of flatfish. This is 
considered to be a proactive AM because it may avoid the exceeding of 
the sub-ACL for this stock. The specific gear restriction requires 
dredge vessels to have a maximum of seven rows in the apron. Current 
twine top restrictions state that a dredge greater than 8 feet (2.44 m) 
in width, must have at least 7 rows of rings between the terminus of 
the dredge (clubstick) and the twine top. However, recent gear research 
has shown that a shorter apron, for example five rows of rings from the 
clubstick, may reduce flatfish bycatch.
    This measure applies to the area west of 71[deg] W. Long., 
excluding Mid-Atlantic access areas, year-round. This measure may 
reduce flatfish bycatch by requiring vessels that fish in the AM area 
all year to use a maximum of seven rows, and enable vessels to 
voluntarily fish with an even shorter apron, less than seven rings, to 
proactively reduce flatfish bycatch in any area or season. This measure 
applies to all scallop dredge vessels (LA and LAGC IFQ).

Other Clarifications and Modifications

    This rule includes several revisions to the regulations to address 
text that is duplicative and unnecessary, outdated, unclear, or 
otherwise could be improved. NMFS sets these changes consistent with 
section 305(d) of the MSA. For example, we are removing regulations 
that referred to payback measure from FY 2013 due to the delayed 
implementation of Framework 24. We are revising the regulations to 
remove measures intended by previous rulemaking, and to provide more 
ease in locating these regulations by updating cross references.
    This action also implements revisions that will clarify the intent 
of certain regulations. For example, and we are adding clarifying 
language to the IFQ quota transfer regulations to make it clear that 
the intent of Amendment 11 to the Scallop FMP was to allow vessels in 
confirmation of permit history to transfer IFQ. Additionally, 
regulations are unclear regarding how a LAGC IFQ vessel's potential 
carryover is calculated. We are clarifying that a vessel's potential 
carryover is 15 percent of the vessel's original IFQ and the total of 
transferred in minus transferred out IFQ. As such, NMFS clarifies these 
regulations. NMFS also adds more description to some access area and 
habitat closed area coordinates to clarify the boundaries of those 
areas.

Comments and Responses

    NMFS received two comment letters in response to the proposed rule 
from: Fisheries Survival Fund (FSF), a scallop fishing industry 
representative, and one individual. Commenters raised four relevant 
issues relating to the proposed Framework 25 measures, and we provide 
responses below. NMFS may only approve, disapprove, or partially 
approve measures in Framework 25, and cannot substantively amend, add, 
or delete measures beyond what is necessary under section 305(d) of the 
MSA to discharge its responsibility to carry out such measures.
    Comment 1: One commenter stated that FY 2014 scallop quotas should 
be reduced by 25 percent. The commenter provided no rationale for why 
the selected quotas should be reduced in the manner suggested.
    Response: The reasons presented by the Council and NMFS for 
recommending the quota allocations for FYs 2014 and 2015, which we 
discuss in the preambles to both the proposed and final rules, are 
based on the best scientific information available and are consistent 
with the control rules outlined in Amendment 15's ACL process. Scallops 
are currently not considered overfished or subject to overfishing. 
Sufficient analysis and scientific justification for NMFS's action in 
this final rule are contained within the supporting documents.
    Comment 2: FSF had concerns regarding timing for implementation of 
the proposed specifications and suggested that we proceed with the 
final rule and implementation of this action as quickly as possible, 
with the exception of the proactive SNE/MA windowpane flounder AM to 
provide vessel owners a small amount of time to complete gear 
modifications and ensure compliance with the new rules.
    Response: NMFS agrees with their timing suggestions and will be 
implementing all measures upon publication of this final rule, with the 
exception of the SNE/MA windowpane flounder proactive AM, which will 
have a 30-day delay in effectiveness.
    Comment 3: FSF commented that when CA1 trips were cut short in 2012 
and 2013, fishery participants had a clear expectation that the 
remaining

[[Page 34256]]

portions of these trips would be available for harvest in addition to 
regular allocations when CA1 reopens and not deducted from the LA 
fishery's sub-ACL for the year in which they are used as the proposed 
rule suggests.
    Response: The EA and proposed rule for Framework 25 are both clear 
that CA1 pounds carried over from 2012 or 2013 will be deducted from 
the LA fishery's sub-ACL for the year in which they are used and not 
additional catch above the LA sub-ACL. NMFS reiterated this requirement 
to industry representatives and Council members throughout the 
development of Framework 25. The overfishing definition approved in 
Amendment 15 includes a principle to set target catch so that spatially 
averaged F target is limited to 0.28 for all areas combined (open and 
closed areas). Any fishing effort that results from the allocation 
carried over from CA1 trips in fishing years 2012 and 2013 must be 
included in the biologically-based catch limit for the year in which we 
allocate CA1 makeup trips.
    Comment 4: FSF commented that the regulatory language in the 
proposed rule describing the process for implementing SNE/MA windowpane 
flounder AMs is ambiguous and could be interpreted to require that the 
AM be implemented immediately upon determination of the overage instead 
of the year following the overage.
    Response: This action does not adjust the existing language for how 
we implement AMs in the scallop FMP. Framework 25 references existing 
regulations found at Sec.  648.90(a)(5)(iv) that were developed in 
Framework Adjustment 23 to the Atlantic Sea Scallop FMP (77 FR 20728, 
April 6, 2012). However, in response to this comment, we made minor 
edits to the regulatory language in Sec.  648.65(b)(2) and Sec.  
648.65(c)(1) to help clarify the Council's intent that AMs will not be 
implemented in the year of an overage.

Changes From Proposed Rule to Final Rule

    In response to a comment received during the public comment period, 
we made minor edits to the regulatory language in Sec.  648.65(b)(2) 
and Sec.  648.65(c)(1) to help clarify the Council's intent that SNE/MA 
windowpane flounder AMs will be implemented in the year following an 
overage.

Classification

    Pursuant to section 304(b)(1)(A) of the MSA, the NMFS Assistant 
Administrator has determined that this final rule is consistent with 
the FMP, other provisions of the MSA, and other applicable law.
    The Office of Management and Budget has determined that this rule 
is not significant according to Executive Order 12866.
    This final rule does not contain policies with federalism or 
``takings'' implications, as those terms are defined in E.O. 1312 and 
E.O. 12630, respectively.
    This rule does not contain a collection-of-information requirement 
subject to review and approval by the Office of Management and Budget 
under the Paperwork Reduction Act.
    The Assistant Administrator for Fisheries has determined that the 
need to implement these measures in an expedited manner in order to 
help achieve conservation objectives for the scallop fishery and 
certain fish stocks constitutes good cause, under authority contained 
in 5 U.S.C. 553(d)(3), to waive the 30-day delay in effectiveness and 
to make the majority of Framework 25 final measures effective June 16, 
2014. The only exception to this that the proactive AM for SNE/MA 
windowpane flounder found in Sec.  648.51(b)(4)(iv)(B) is effective 
July 16, 2014, in order to give vessels the opportunity to modify their 
gear to comply with regulations.
    If there is a 30-day delay in implementing the measures in 
Framework 25, the scallop fleet will continue under the current default 
access area, DAS, IFQ, RSA and OBS allocations. These default 
allocations were purposely set to be more conservative than what would 
eventually be implemented under Framework 25. Under default measures, 
each full-time vessel has 23 DAS and no access area trips. This action 
will provide full-time vessels with an additional 8 DAS (31 DAS total) 
and two 12,000 lb access area trips. Further, the catch rates and meat 
quality in DMV will be best in June and July, so the longer we delay 
access to DMV, the less productive the area will be. Delaying the 
implementation of Framework 25 for 30 days would be contrary to the 
public interest because continuing with these lower allocations would 
negatively impact the access area rotation program, as well as the 
scallop fleet economically.
    NMFS was unable to allow for a 30-day delay in effectiveness for 
Framework 25 rulemaking due to the Council's April 2014 submission of 
Framework 25. However, NMFS must also consider the need of the scallop 
industry to have prior notice in order to make the necessary 
preparations to comply with the gear changes required by the SNE/MA 
windowpane flounder proactive AM. For these reasons, NMFS has 
determined that implementing these measures immediately, and with a 30-
day delay in effectiveness of the SNE/MA windowpane flounder proactive 
AM, would have the greatest public benefit.
    NMFS, pursuant to section 604 of the Regulatory Flexibility Act 
(RFA), completed a final regulatory flexibility analysis (FRFA) in 
support of Framework 25 in this final rule. The FRFA incorporates the 
IRFA, a summary of the significant issues raised by the public comments 
in response to the IRFA, NMFS responses to those comments, a summary of 
the analyses completed in the Framework 25 EA, and this portion of the 
preamble. A summary of the IRFA was published in the proposed rule for 
this action and is not repeated here. A description of why this action 
was considered, the objectives of, and the legal basis for this rule is 
contained in Framework 25 and in the preamble to the proposed and this 
final rule, and is not repeated here. All of the documents that 
constitute the FRFA are available from NMFS and a copy of the IRFA, the 
RIR, and the EA are available upon request (see ADDRESSES).
    An IRFA has been prepared, as required by section 603 of the 
Regulatory Flexibility Act (RFA). The IRFA consists of Framework 25 
analyses, its draft IRFA, and the preamble to this action.

Summary of the Significant Issues Raised by the Public Comments in 
Response to the IRFA, a Summary of the Assessment of the Agency of Such 
Issues, and a Statement of Any Changes Made in the Proposed Rule as a 
Result of Such Comments

    NMFS received no public comments directly in response to the IRFA 
prepared for the proposed rule.

Description and Estimate of Number of Small Entities to Which the Final 
Rule Will Apply

    Framework 25 measures affect all vessels with LA and LAGC scallop 
permits. The Framework 25 document provides extensive information on 
the number and size of vessels and small businesses that will be 
affected by these regulations, by port and state (see ADDRESSES). There 
were 313 vessels that obtained full-time LA permits in 2012, including 
250 dredge, 52 small-dredge, and 11 scallop trawl permits. In the same 
year, there were also 34 part-time LA permits in the sea scallop 
fishery. No vessels were issued occasional scallop permits. NMFS issued 
278 LAGC-IFQ permits in 2012. Since all

[[Page 34257]]

scallop permits are limited access, vessel owners would cancel permits 
only if they decide to stop fishing for scallops on the permitted 
vessel permanently or if they transfer IFQ to another IFQ vessel and 
permanently relinquish the vessel's scallop permit. This is not likely 
to occur due to the value of retaining the permit. As such, the number 
of scallop permits could decline over time, but would likely be fewer 
than 10 permits per year.
    The RFA defines a small business in shellfish fishery as a firm 
that is independently owned and operated and not dominant in its field 
of operation, with receipts of up to $5 M annually. In scallop FMP 
actions prior to Framework 24, each vessel was considered a small 
business entity and was treated individually for the purposes of the 
RFA analyses. Since Framework 24, the Council recognizes ownership 
affiliations and makes very basic connections between multiple vessels 
to single owners and makes distinctions between large business entities 
and small business entities, as defined by the RFA. Every LA vessel has 
multiple owners and some owners of a particular vessel have ownership 
interest in other vessels with different entities. There have been 132 
distinct business entities (23 larger business entities and 109 small 
business entities) in the scallop limited access fishery as of FY 2012, 
slightly lower than the number of businesses in FY 2010. The primary 
industry of all these individual businesses was identified as 
``scallop'' fishery, because their revenues from the scallop fishery 
exceeded the revenues from all other species. Scallop revenue averaged 
over 96-percent of the total revenue during FYs 2010-2012 for the 
businesses with LA permits. The sum of annual gross receipts from all 
scallop vessels operated by the majority of the multiple boat owners 
(but not all) would exceed $5 M in 2011 and 2012, qualifying them as 
``large'' entities. From FY 2010 to FY 2012, 193 vessels, including LA 
and LAGC permitted-vessels, belonged to 23 large business entities that 
grossed more than $5 M annually in scallop revenue. In the same year, 
155 vessels belonged to 109 small business entities (ownership ranged 
from 1 to 4 vessels) that grossed less than $5 M a year in scallop 
revenue.
    The Office of Advocacy at the Small Business Administration (SBA) 
suggests two criteria to consider in determining the significance of 
regulatory impacts on small entities; namely, disproportionality and 
profitability. The disproportionality criterion compares the effects of 
the regulatory action on small versus large entities (using the SBA-
approved size definition of ``small entity''), not the difference 
between segments of small entities. The changes in profits, costs, and 
net revenues due to Framework 25 are not expected to be disproportional 
for small versus large entities since each vessel will receive the same 
number of open areas DAS and access area trips allocations according to 
the categories they belong to (i.e., the allocations for all full-time 
vessels are identical, and the allocations for the part-time and 
occasional vessels are proportional to the full-time allocations, 40 
percent and 8.33 percent of the full-time allocations, respectively). 
As a result, this action has proportionally similar impacts on revenues 
and profits of each vessel and each multi-vessel owner compared both to 
status quo (i.e., FY 2013) and no action levels. Therefore, this action 
is not expected to have disproportionate impacts or place a substantial 
number of small entities at a competitive disadvantage relative to 
large entities. A summary of the economic impacts relative to the 
profitability criterion is provided in the proposed rule under 
``Economic Impacts of Proposed Measures and Alternatives.''

Description of the Steps the Agency Has Taken To Minimize the 
Significant Economic Impact on Small Entities Consistent With the 
Stated Objectives of Applicable Statutes, Including a Statement of the 
Factual, Policy, and Legal Reasons for Selecting the Alternative 
Adopted in the Final Rule and Why Each One of the Other Significant 
Alternatives to the Rule Considered by the Agency Which Affect the 
Impact on Small Entities Was Rejected

    During the development of Framework 25, NMFS and the Council 
considered ways to reduce the regulatory burden on, and provide 
flexibility for, the regulated entities in this action. Final actions 
and alternatives are described in detail in Framework 25, which 
includes an EA, RIR, and IRFA (available at ADDRESSES). The measures 
implemented by this final rule minimize the long-term economic impacts 
on small entities to the extent practicable. Reasonable alternatives, 
particularly for the prescribed catch limits, are limited because of 
the legal requirements to implement effective conservation measures 
which necessarily may result in negative impacts that cannot be 
effectively mitigated. Catch limits are fundamentally a scientific 
calculation based on the scallop FMP control rules and SSC approval, 
and, therefore are legally limited to the numbers contained in this 
rule. Moreover, the limited number of alternatives available for this 
action must be evaluated in the context of an ever-changing fishery 
management plan that has considered numerous alternatives over the 
years and have provided many mitigating measures applicable every 
fishing year.

Allocations for the LA and LAGC Scallop Fleets

    The open area DAS allocations are expected to prevent overfishing 
in open areas. The Framework 25 analysis of the fleet-wide aggregate 
economic impacts indicate that the selected alternative and all other 
alternatives are expected to be positive both in the short (2014) and 
the long term compared to the No Action alternative. The No Action 
alternative would have allocated 23 DAS to the fleet and no Access Area 
trips for FY 2014. The selected alternative (Alternative 4) will result 
in highest landings (17,463 mt), revenues ($427.8 M) and total economic 
benefits ($429.9 M) in 2014 among all the alternatives considered. The 
total economic benefits of this alternative exceeds the No Action 
levels by $151.8 in FY 2014 and by $6.5 M ($26.3M) over the long-term 
if a 7-percent (3-percent) discount rate was used to estimate the 
present value of cumulative benefits. However, long-term economic 
benefits under the preferred alternative are less than the benefits for 
Alternative 3 using a 7-percent discount rate, and less than the 
benefits for Alternative 2, Alternative 3 and Alternative 5 using a 
discount rate of 3-percent to estimate cumulative present value of net 
economic benefits. These alternatives were not selected because the 
short-term economic benefits of Alternative 4 outweighed those of these 
alternatives. Alternative 6 was not selected because the Council did 
not want to further increase the effort in the open area.
    In summary, the economic impacts of the selected LA and LAGC 
allocation measures are expected to have positive impacts on the 
revenues and profits of the small businesses in the scallop industry in 
FY 2014, compared to the No Action alternative and similar impacts 
compared to FY 2013 conditions. Over the long term, the economic 
impacts of the selected alternative on the majority of small business 
entities in scallop fishing industry are projected to be positive when 
compared to No Action.

Measures To Address Unused CA1 Trips

    This action allows rollover of unused FY 2012 and FY 2013 CA1 trips 
a future FY. This action will have positive

[[Page 34258]]

economic impacts on vessels with unused trips by allowing them to land 
their CA1 allocations in a future year and low negative impacts on the 
rest of the fishery since this rollover would likely result in 
reduction in allocations in future years for the fleet. A No Action 
Alternative was considered for this measure, but it was rejected 
because it would prevent a vessel from fully utilizing its allocation 
if it had, for example, a broken trip, which would have a negative 
impact on the revenues and profits if those vessels with unused trips.
    This measure will impact future access for the LA fishery overall 
since this unused catch will need to be accounted for within the LA 
sub-ACL. Future access in and around CA1 will be lower for the overall 
fleet compared to No Action. Spreading access over 2 years would lower 
those negative impacts somewhat although not totally. Therefore, the 
economic impacts of the preferred alternatives are positive for those 
vessels that are allowed to use their unused trips in a future year and 
would be low negative on the remainder of the fleet with no unused 
trips.

NGOM TAC

    This action sets the NGOM TAC at 70,000 lbs for FY 2014. The 
selected action (No Action alternative) specifies a 70,000-lb (31,751-
kg) TAC for the NGOM and will not have additional economic impacts on 
the participants of the NGOM fishery. The NGOM TAC has been specified 
at this level since FY 2008, and the fishery has harvested less than 60 
percent of the TAC in each FY; therefore, the TAC has no negative 
economic impacts. There are no alternatives that would generate higher 
benefits for NGOM scallop vessels. The alternative for setting the NGOM 
TAC at 58,000 lb (26,308 kg) is expected to reduce the chance of excess 
fishing in Federal waters in the NGOM management area, but considering 
that NGOM vessels have never exceeded the TAC, neither alternative is 
expected to impact vessels. Thus, negligible economic impacts are 
expected from the No Action alternative and the other NGOM Alternative.

SNE/MA Windowpane Flounder AMs

    This action implements a gear restricted area for a specified 
period of time with higher bycatch rates of SNE/MA windowpane flounder 
if the scallop fishery exceeds its sub-ACL and the entire ACL is 
exceeded, or the sub-ACL is exceeded by more than 50 percent. The AM 
area is in all waters west of 71[deg] W. Long., not including scallop 
access areas. If AMs are triggered and the overage by the scallop 
fishery is estimated to be >0 and <20-percent the AM would be in place 
for the month of February. If the overage is over 20 percent the AM 
season would be for the months of February and March. Further, this 
action implements a proactive AM that requires all scallop dredge 
vessels (LA and LAGC) to fish with a maximum of seven rows of rings in 
the apron of their dredge in waters west of 71[deg] W. Long., excluding 
the Mid-Atlantic access areas to reduce the chance the fishery would 
exceed the sub-ACL.
    Alternative 2 considered area closures for a windowpane flounder 
reactive AM. Alternative 2 was not selected because the scallop 
industry prefers gear restricted areas as opposed area closures and the 
gear restricted area. This allows them to continue to fish throughout 
the year and have a positive economic impact compared to area closures. 
Further, the larger gear restricted area in Alternative 3 (the selected 
alternative) presented a more enforceable and less confusing AM 
compared to Alternative 2.
    Overall, this rule minimizes adverse long-term impacts by ensuring 
that management measures and catch limits result in sustainable fishing 
mortality rates that promote stock rebuilding, and as a result, 
maximize yield. The measures implemented by this final rule also 
provide additional flexibility for fishing operations in the short-
term. This final rule implements several measures that enable small 
entities to offset some portion of the estimated economic impacts. 
These measure include: Prorating LAGC IFQ access area trips to 
incorporate CA2; temporarily modifying a current principle used for 
setting target catch levels in this fishery to provide additional DAS; 
implementing a reactive AM that employs a gear restriction as opposed 
to an area closure; allowing full-time vessels to exchange their DMV 
trip for 5 DAS; and allowing vessel to land unharvest CA1 pounds in a 
future FY.
    This final action prorates LAGC IFQ trips proportionally in all 
open access areas excluding CA2, with positive economic impacts on the 
LAGC vessels because they will be able to use CA2 trips in areas closer 
to the shore with lower trip costs, and will offset some of the 
negative impacts of the reduced FY 2013 allocation.
    This action also temporarily modifies a current principle used for 
setting target catch levels in this fishery. Specifically, this action 
allows open area F to exceed threshold (0.38) for FY 2014 only to 
provide additional DAS to vessels in a year when catch available in 
access areas is lower than previous years.
    Unlike the current limited access AMs that close areas for up to a 
full FY, the SNE/MA windowpane flounder AM that will be implemented 
with this final rule allow for fishing to continue in the stock area 
but with further gear restrictions. The Council developed this measure 
to allow vessels to continue to target scallops with a gear that 
avoided flatfish at a greater rate than standard scallop dredge gear.
    This final rule also allows full-time vessels to exchange their DMV 
trip for 5 additional DAS. Because the viability of the DMV area was 
unknown at the time of Framework 25's development, this action gives 
vessels the flexibility exchange their DMV trip for 5 DAS if catch 
rates in DMV are not profitable.
    By allowing vessel to land unharvest CA1 pounds in a future FY, 
vessels that unexpectedly were unable to harvest pounds from CA1 in 
recent years, will be given the opportunity to offset any unharvested 
catch in a future FY when CA1 reopens.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency will publish 
one or more guides to assist small entities in complying with the rule, 
and will designate such publications as ``small entity compliance 
guides.'' The agency will explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, a letter to permit holders that also serves as 
a small entity compliance guide (the guide) was prepared. Copies of 
this final rule are available from the Greater Atlantic Regional 
Fisheries Office, and the guide (i.e., permit holder letter) will be 
sent to all holders of permits for the scallop fishery. The guide and 
this final rule will be available upon request.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    This action contains no new collection-of-information, reporting, 
or recordkeeping requirements. It does not duplicate, overlap, or 
conflict with any other Federal law.
    This action contains no other compliance costs. It does not 
duplicate, overlap, or conflict with any other Federal law.

[[Page 34259]]

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: June 11, 2014.
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.  648.10, paragraph (f)(4)(i) is revised to read as follows:


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

* * * * *
    (f) * * *
    (4) * * * (i) The owner or operator of a limited access or LAGC IFQ 
vessel that fishes for, possesses, or retains scallops, and is not 
fishing under a NE Multispecies DAS or sector allocation, must submit 
reports through the VMS, in accordance with instructions to be provided 
by the Regional Administrator, for each day fished, including open area 
trips, access area trips as described in Sec.  648.60(a)(9), and trips 
accompanied by a NMFS-approved observer. The reports must be submitted 
for each day (beginning at 0000 hr and ending at 2400 hr) and not later 
than 0900 hours of the following day. Such reports must include the 
following information:
    (A) FVTR serial number;
    (B) Date fish were caught;
    (C) Total pounds of scallop meats kept;
    (D) Total pounds of yellowtail flounder discarded; and
    (E) Total pounds of all other fish kept.
* * * * *

0
3. In Sec.  648.14:
0
a. Revise paragraphs (i)(1)(iii)(A)(3) introductory text, 
(i)(2)(ii)(B)(3), (i)(2)(ii)(B)(5), (i)(2)(ii)(B)(6), and 
(i)(2)(ii)(B)(9);
0
b. Add paragraph (i)(2)(ix); and
0
c. Remove and reserve paragraph (i)(4)(iii)(D).
    The additions and revisions read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (i) * * *
    (1) * * *
    (iii) * * *
    (A) * * *
    (3) In excess of 600 lb (272.2 kg) of shucked scallops at any time, 
75 bu (26.4 hL) of in-shell scallops per trip South of 42[deg]20' N. 
Lat. and shoreward of the VMS Demarcation Line or 100 bu (35.2 hL) in-
shell scallops South of 42[deg]20' N. Lat. and seaward of the VMS 
Demarcation Line, unless:
* * * * *
    (2) * * *
    (ii) * * *
    (B) * * *
    (3) Fail to comply with the turtle deflector dredge vessel gear 
restrictions specified in Sec.  648.51(b)(5), and turtle dredge chain 
mat requirements in Sec.  223.206(d)(11) of this chapter.
* * * * *
    (5) Fish under the small dredge program specified in Sec.  
648.51(e) with more than five persons on board the vessel, including 
the operator, unless otherwise authorized by the Regional Administrator 
or unless participating in the Area Access Program, with the exception 
of the Delmarva Access Area in from March 1, 2014 to February 28, 2015, 
pursuant to the requirements specified in Sec.  648.60.
    (6) Participate in the DAS allocation program with more persons on 
board the vessel than the number specified in Sec.  648.51(c), 
including the operator, when the vessel is not docked or moored in 
port, unless otherwise authorized by the Regional Administrator, or 
unless participating in the Area Access Program, with the exception of 
the Delmarva Access Area in from March 1, 2014 to February 28, 2015, 
pursuant to the requirements specified in Sec.  648.60.
* * * * *
    (9) Fail to comply with the gear restrictions described in Sec.  
648.51.
* * * * *
    (ix) Fish for scallops west of 71[deg] W. long., outside of the Sea 
Scallop Access Areas, with gear that does not meet the specifications 
described in Sec.  648.65 during the period specified in the notice 
announcing the windowpane flounder accountability measure gear 
restricted area described in Sec.  648.65.
* * * * *
    (4) * * *
    (iii) * * *
    (D) [Reserved]
* * * * *

0
4a. In Sec.  648.51, effective June 16, 2014, paragraph (b)(3)(iii) is 
removed, and paragraphs (b)(4)(iv) introductory text, (b)(4)(iv)(A), 
(b)(5)(ii)(A) introductory text, (b)(5)(ii)(C), (c) introductory text, 
(c)(1), (c)(2), and (e)(3)(i), are revised to read as follows:


Sec.  648.51  Gear and crew restrictions.

* * * * *
    (b) * * *
    (4) * * *
    (iv) Twine top restrictions. In addition to the minimum twine top 
mesh size specified in paragraph (b)(2) of this section the following 
restrictions apply:
    (A) Vessels issued limited access scallop permits that are fishing 
for scallops under the DAS Program are also subject to the following 
restrictions:
    (1) If a vessel is rigged with more than one dredge, or if a vessel 
is rigged with only one dredge and such dredge is greater than 8 ft 
(2.4 m) in width, there must be at least seven rows of non-overlapping 
steel rings unobstructed by netting or any other material between the 
terminus of the dredge (club stick) and the net material on the top of 
the dredge (twine top).
    (2) If a vessel is rigged with only one dredge, and such dredge is 
less than 8 ft (2.4 m) in width, there must be at least four rows of 
non-overlapping steel rings unobstructed by netting or any other 
material between the club stick and the twine top of the dredge. (A 
copy of a diagram showing a schematic of a legal dredge with twine top 
is available from the Regional Administrator upon request)
* * * * *
    (5) * * *
    (ii) * * * (A) From May 1 through October 31, any limited access 
scallop vessel using a dredge, regardless of dredge size or vessel 
permit category, or any LAGC IFQ scallop vessel fishing with a dredge 
with a width of 10.5 ft (3.2 m) or greater, that is fishing for 
scallops in waters west of 71[deg] W. long., from the shoreline to the 
outer boundary of the EEZ, must use a TDD. The TDD requires five 
modifications to the rigid dredge frame, as specified in paragraphs 
(b)(5)(ii)(A)(1) through (b)(5)(ii)(A)(5) of this section. See 
paragraph (b)(5)(ii)(D) of this section for more specific descriptions 
of the dredge elements mentioned below.
* * * * *
    (C) A vessels subject to the requirements in paragraph (b)(5)(ii) 
of this section transiting waters west of 71[deg] W. long., from the 
shoreline to the outer boundary of the EEZ, is exempted from the 
requirement to only possess and use TDDs, provided the dredge gear is 
stowed in accordance with Sec.  648.23(b) and not available for 
immediate use.
* * * * *
    (c) Crew restrictions. A full-time limited access vessel 
participating in or subject to the scallop DAS allocation program and a 
full-time limited access vessel fishing in the Delmarva Access

[[Page 34260]]

Area from March 1, 2014, through February 28, 2015, may have no more 
than seven people aboard, including the operator, when not docked or 
moored in port, except as follows:
    (1) There is no restriction on the number of people on board for 
vessels participating in the Sea Scallop Area Access Program as 
specified in Sec.  648.60 other than the Delmarva Access Area.
    (2) A vessel participating in the small dredge program is 
restricted as specified in paragraph (e) of this section;
* * * * *
    (e) * * *
    (3) * * *
    (i) There is no restriction on the number of people on board for 
vessels participating in the Sea Scallop Area Access Program as 
specified in Sec.  648.60 other than the Delmarva Access Area.
* * * * *

0
4b. In Sec.  648.51, effective July 16, 2014, paragraph (b)(4)(iv)(B) 
is revised to read as follows:


Sec.  648.51  Gear and crew restrictions.

* * * * *
    (b) * * *
    (4) * * *
    (iv) * * *
    (B) Twine top restrictions in waters west of 71[deg] W. long. as a 
proactive accountability measure. In addition to the minimum twine top 
mesh size specified in paragraph (b)(2) of this section, limited access 
and limited access general category IFQ vessels fishing for scallops 
outside of the Scallop Access Areas specified in Sec.  648.59, may not 
fish with a dredge having more than seven rows of non-overlapping steel 
rings unobstructed by netting or any other material between the 
terminus of the dredge (club stick) and the net material on the top of 
the dredge (twine top) (A copy of a diagram showing a schematic of a 
legal dredge with twine top is available from the Regional 
Administrator upon request).
* * * * *

0
5. In Sec.  648.53:
0
a. Revise paragraphs (a) introductory text, (a)(1), (a)(3), (a)(4)(i), 
and (a)(4)(ii);
0
b. Revise paragraphs (b)(1)(i) and (ii), and (b)(4) introductory text;
0
c. Add paragraph (b)(4)(i); and
0
d. Revise paragraphs (g)(1) introductory text, (h)(2)(v)(A), (h)(5)(i), 
(h)(5)(ii)(A), (h)(5)(iii), (h)(5)(iv) introductory text, 
(h)(5)(iv)(A), and (h)(5)(iv)(D).
    The additions and revisions read as follows:


Sec.  648.53  Acceptable biological catch (ABC), annual catch limits 
(ACL), annual catch targets (ACT), DAS allocations, and individual 
fishing quotas (IFQ).

    (a) Scallop fishery ABC. The ABC for the scallop fishery shall be 
established through the framework adjustment process specified in Sec.  
648.55 and is equal to the overall scallop fishery ACL. The ABC/ACL 
shall be divided as sub-ACLs between limited access vessels, limited 
access vessels that are fishing under a LAGC permit, and LAGC vessels 
as specified in paragraphs (a)(3) and (a)(4) of this section, after 
deducting the scallop incidental catch target TAC specified in 
paragraph (a)(2) of this section, observer set-aside specified in 
paragraph (g)(1) of this section, and research set-aside specified in 
Sec.  648.56(d). The ABC/ACL for the 2015 fishing year is subject to 
change through a future framework adjustment.
    (1) ABC/ACL for fishing years 2014 through 2015 shall be:
    (i) 2014: 20,782 mt (45,816,475 lb).
    (ii) 2015: 23,982 mt (52,871,269 lb).
* * * * *
    (3) Limited access fleet sub-ACL and ACT. The limited access 
scallop fishery shall be allocated 94.5 percent of the ACL specified in 
paragraph (a)(1) of this section, after deducting incidental catch, 
observer set-aside, and research set-aside, as specified in this 
paragraph (a). ACT for the limited access scallop fishery shall be 
established through the framework adjustment process described in Sec.  
648.55. DAS specified in paragraph (b) of this section shall be based 
on the ACTs specified in paragraph (a)(3)(ii) of this section. The 
limited access fleet sub-ACL and ACT for the 2015 fishing year are 
subject to change through a future framework adjustment.
    (i) The limited access fishery sub-ACLs for fishing years 2014 and 
2015 are:
    (A) 2014: 18,885 mt (41,634,305 lb).
    (B) 2015: 21,879 mt (48,234,778 lb).
    (ii) The limited access fishery ACTs for fishing years 2014 and 
2015 are:
    (A) 2014: 15,567 mt (34,319,360 lb).
    (B) 2015: 16,540 mt (36,463,509 lb).
    (4) * * *
    (i) The ACLs for fishing years 2014 and 2015 for LAGC IFQ vessels 
without a limited access scallop permit are:
    (A) 2014: 999.2 mt (2,202,859 lb).
    (B) 2015: 1,158 mt (2,552,105 lb).
    (ii) The ACLs for fishing years 2014 and 2015 for vessels issued 
both a LAGC and a limited access scallop permits are:
    (A) 2014: 99.9 mt (220,286 lb).
    (B) 2015: 116 mt (255,210 lb).
    (b) * * *
    (1) * * *
    (i) 2014 fishing year: 2,581 lb/DAS (1,171 kg/DAS).
    (ii) 2015 fishing year: 2,590 lb/DAS (1,175 kg/DAS).
* * * * *
    (4) Each vessel qualifying for one of the three DAS categories 
specified in the table in this paragraph (b)(4) (full-time, part-time, 
or occasional) shall be allocated the maximum number of DAS for each 
fishing year it may participate in the open area limited access scallop 
fishery, according to its category, excluding carryover DAS in 
accordance with paragraph (d) of this section. DAS allocations shall be 
determined by distributing the portion of ACT specified in paragraph 
(a)(3)(ii) of this section, as reduced by access area allocations 
specified in Sec.  648.59, and dividing that amount among vessels in 
the form of DAS calculated by applying estimates of open area LPUE 
specified in paragraph (b)(1) of this section. Allocation for part-time 
and occasional scallop vessels shall be 40 percent and 8.33 percent of 
the full-time DAS allocations, respectively. The annual open area DAS 
allocations for each category of vessel for the fishing years indicated 
are as follows:

                    Scallop Open Area DAS Allocations
------------------------------------------------------------------------
                    Permit category                       2014     2015
------------------------------------------------------------------------
Full-Time.............................................       31       17
Part-Time.............................................       12        7
Occasional............................................        3        1
------------------------------------------------------------------------

    (i) Additional DAS for Full-time limited access vessels that 
exchange a FY 2014 Delmarva Access Area trip. A vessel that exchanges a 
Delmarva Access Area trip for open area DAS, as specified in Sec.  
648.60(a)(3)(iii) shall be allocated 5 additional DAS in the 2014 
fishing year.
* * * * *
    (g) * * * (1) To help defray the cost of carrying an observer, 1 
percent of the ABC/ACL specified in paragraph (a)(1) of this section 
shall be set aside to be used by vessels that are assigned to take an 
at-sea observer on a trip. The total TAC for observer set aside is 208 
mt (458,562 lb) in fishing year 2014, and 240 mt (529,110lb) in fishing 
year 2015.
* * * * *
    (h) * * *
    (2) * * *
    (v) * * * (A) With the exception of vessels that held a 
confirmation of permit history as described in Sec.  648.4(a)(2)(ii)(L) 
for the entire fishing year preceding the carry-over year, LAGC IFQ 
vessels that have unused IFQ on the last day of February of any year 
may carry over up to 15 percent of the vessel's original IFQ plus the 
total of

[[Page 34261]]

IFQ transferred to such vessel minus the total IFQ transferred from 
such vessel (either temporary or permanent) IFQ into the next fishing 
year. For example, a vessel with a 10,000-lb (4,536-kg) IFQ and 5,000-
lb (2,268-kg) of leased IFQ may carry over 2,250 lb (1,020 kg) of IFQ 
(i.e., 15 percent of 15,000 lb (6,804 kg)) into the next fishing year 
if it landed 12,750 lb (5,783 kg) (i.e., 85 percent of 15,000 lb (6,804 
kg)) of scallops or less in the preceding fishing year. Using the same 
IFQ values from the example, if the vessel landed 14,000 lb (6,350 kg) 
of scallops, it could carry over 1,000 lb (454 kg) of scallops into the 
next fishing year.
* * * * *
    (5) * * * (i) Temporary IFQ transfers. Subject to the restrictions 
in paragraph (h)(5)(iii) of this section, the owner of an IFQ scallop 
vessel (and/or IFQ scallop permit in confirmation of permit history) 
not issued a limited access scallop permit may temporarily transfer 
(e.g., lease) its entire IFQ allocation, or a portion of its IFQ 
allocation, to another IFQ scallop vessel. Temporary IFQ transfers 
shall be effective only for the fishing year in which the temporary 
transfer is requested and processed. For the remainder of the 2013 
fishing year, IFQ, once temporarily transferred, cannot be temporarily 
transferred again to another vessel. Beginning on March 1, 2014, IFQ 
can be temporarily transferred more than once (i.e., re-transferred). 
For example, if a vessel temporarily transfers IFQ to a vessel, the 
transferee vessel may re-transfer any portion of that IFQ to another 
vessel. There is no limit on how many times IFQ can be re-transferred 
in a fishing year after March 1, 2014. The Regional Administrator has 
final approval authority for all temporary IFQ transfer requests.
    (ii) * * * (A) Subject to the restrictions in paragraph (h)(5)(iii) 
of this section, the owner of an IFQ scallop vessel (and/or IFQ scallop 
permit in confirmation of permit history) not issued a limited access 
scallop permit may transfer IFQ permanently to or from another IFQ 
scallop vessel. Any such transfer cannot be limited in duration and is 
permanent as to the transferee, unless the IFQ is subsequently 
permanently transferred to another IFQ scallop vessel. For the 
remainder of the 2013 fishing year, IFQ permanently transferred to a 
vessel during the 2013 fishing year may then be temporarily transferred 
(i.e., leased) to another vessel(s) in any amount not to exceed the 
original permanent transfer. IFQ may be permanently transferred to a 
vessel and then be re-transferred (temporarily transferred (i.e., 
leased) or permanently transferred) by such vessel to another vessel in 
the same fishing year. There is no limit on how many times IFQ can be 
re-transferred in a fishing year after March 1, 2014.
* * * * *
    (iii) IFQ transfer restrictions. The owner of an IFQ scallop vessel 
(and/or IFQ scallop permit in confirmation of permit history) not 
issued a limited access scallop permit may transfer that vessel's IFQ 
to another IFQ scallop vessel, regardless of whether or not the vessel 
has fished under its IFQ in the same fishing year. Requests for IFQ 
transfers cannot be less than 100 lb (46.4 kg), unless that the 
transfer reflects the total IFQ amount remaining on the transferor's 
vessel, or the entire IFQ allocation. IFQ may be temporarily or 
permanently transferred to a vessel and then temporarily re-transferred 
(i.e., leased) or permanently re-transferred by such vessel to another 
vessel in the same fishing year. There is no restriction on how many 
times IFQ can be re-transferred. A transfer of an IFQ may not result in 
the sum of the IFQs on the receiving vessel exceeding 2.5 percent of 
the ACL allocated to IFQ scallop vessels. A transfer of an IFQ, whether 
temporary or permanent, may not result in the transferee having a total 
ownership of, or interest in, general category scallop allocation that 
exceeds 5 percent of the ACL allocated to IFQ scallop vessels. Limited 
access scallop vessels that are also issued an IFQ scallop permit may 
not transfer to or receive IFQ from another IFQ scallop vessel.
    (iv) Application for an IFQ transfer. The owners of vessels 
applying for a transfer of IFQ must submit a completed application form 
obtained from the Regional Administrator. The application must be 
signed by both parties (transferor and transferee) involved in the 
transfer of the IFQ, and must be submitted to the NMFS Northeast 
Regional Office at least 30 days before the date on which the 
applicants desire to have the IFQ effective on the receiving vessel. 
The Regional Administrator shall notify the applicants of any 
deficiency in the application pursuant to this section. Applications 
may be submitted at any time during the scallop fishing year, 
regardless of whether or not the vessel has fished under its IFQ in the 
same fishing year. Applications for temporary transfers received less 
than 45 days prior to the end of the fishing year may not be processed 
in time for a vessel to utilize the transferred IFQ, if approved, prior 
to the expiration of the fishing year.
    (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 transfer IFQ 
must indicate the amount, in pounds, of the IFQ allocation transfer. 
Information obtained from the transfer application will be held 
confidential, and will be used only in summarized form for management 
of the fishery. If the applicants are requesting a transfer of IFQ that 
has already been transferred in a given fishing year, both parties must 
be up-to-date with all data reporting requirements (e.g., all necessary 
VMS catch reports, VTR, and dealer data must be submitted) in order for 
the application to be processed.
* * * * *
    (D) If an LAGC IFQ vessel transfers (i.e., temporary lease or 
permanent transfer) all of its allocation to other IFQ vessels prior to 
Framework 25's implementation (i.e., transfers more than what it is 
allocated for fishing year 2014 pursuant to the implantation of 
Framework 25), the vessel(s) to which the scallops were transferred 
(i.e., the transferee) shall receive a pound-for-pound deduction in 
fishing year 2014 equal to the difference between the amount of 
scallops transferred and the amount allocated to the transferring 
vessel for 2014 pursuant to Framework 25. The vessel that transferred 
the scallops shall not be assessed this deduction. For example, Vessel 
A is allocated 5,000 lb (2,268 kg) of scallops at the start of fishing 
year 2014, but would receive 3,500 lb (1,588 kg) of scallops once 
Framework 25 is implemented. If Vessel A transfers its full March 1, 
2014, allocation of 5,000 lb (2,268 kg) to Vessel B prior to Framework 
25's implementation, Vessel B would lose 1,500 lb (680 kg) of that 
transfer once Framework 25 is implemented. In situations where a vessel 
leases out its IFQ to multiple vessels, the deduction of the difference 
between the original amount of scallops allocated and the amount 
allocated pursuant to Framework 25 shall begin to apply only to the 
transfer(s) that exceed the original allocation. Using the example 
above, if Vessel A first leases 3,000 lb (1,361 kg) of scallops to 
Vessel B and then leases 2,000 lb (907 kg) of

[[Page 34262]]

scallops to Vessel C, only Vessel C would have to pay back IFQ in 
excess of Vessel A's ultimate fishing year 2014 allocation (i.e., 
Vessel C would have to give up 1,500 lb (680 kg) of that quota because 
Vessel A ultimately only had 500 lb (227 kg) of IFQ to lease out). If a 
vessel has already fished its leased-in quota in excess of the amount 
ultimately allocated pursuant to Framework 25, the vessel must either 
lease in more quota to make up for that overage during fishing year 
2014, or the overage, along with any other overages incurred in fishing 
year 2014, shall be deducted from its fishing year 2015 IFQ allocation 
as part of the individual AM applied to the LAGC IFQ fleet, as 
specified in paragraph (h)(2)(vi) of this section.

0
6. In Sec.  648.55, paragraph (d) is revised to read as follows:


Sec.  648.55  Framework adjustments to management measures.

* * * * *
    (d) Yellowtail flounder and windowpane flounder sub-ACLs. The 
Council shall specify the yellowtail flounder and windowpane flounder 
sub-ACLs allocated to the scallop fishery through the framework 
adjustment process specified in Sec.  648.90.
* * * * *

0
7. Section 648.57 is revised to read as follows:


Sec.  648.57  Sea scallop area rotation program.

    An area rotation program is established for the scallop fishery, 
which may include areas closed to scallop fishing defined in Sec.  
648.58, and/or Sea Scallop Access Areas defined in Sec.  648.59, 
subject to the Sea Scallop Area Access program requirements specified 
in Sec.  648.60. Areas not defined as Rotational Closed Areas, Sea 
Scallop Access Areas, EFH Closed Areas, or areas closed to scallop 
fishing under other FMPs, are open to scallop fishing as governed by 
the other management measures and restrictions in this part. The 
Council's development of area rotation programs is subject to the 
framework adjustment process specified in Sec.  648.55, including the 
Area Rotation Program factors included in Sec.  648.55(a). The 
percentage of the total allowable catch for each Sea Scallop Access 
Area that is allocated to limited access scallop vessels and limited 
access general category scallop vessels shall be through the framework 
adjustment process specified in Sec.  648.55.

0
8. In Sec.  648.58 paragraph (b) is revised to read as follows:


Sec.  648.58  Rotational Closed Areas.

* * * * *
    (b) Hudson Canyon Closed Area. No vessel may fish for scallops in, 
or possess or land scallops from, the area known as the Hudson Canyon 
Closed Area. No vessel may possess scallops in the Hudson Canyon Closed 
Area, unless such vessel is only transiting the area as provided in 
paragraph (c) of this section. The Hudson Canyon Closed Area is defined 
by straight lines connecting the following points in the order stated 
(copies of a chart depicting this area are available from the Regional 
Administrator upon request):

------------------------------------------------------------------------
            Point                   Latitude              Longitude
------------------------------------------------------------------------
H1..........................  39[deg]30' N.         73[deg]10' W.
H2..........................  39[deg]30' N.         72[deg]30' W.
H3..........................  38[deg]30' N.         73[deg]30' W.
H4..........................  38[deg]50' N.         73[deg]30' W.
H5..........................  38[deg]50' N.         73[deg]42' W.
H1..........................  39[deg]30' N.         73[deg]10' W.
------------------------------------------------------------------------

* * * * *

0
9. In Sec.  648.59, paragraphs (b), (c), (d), and (e) are revised to 
read as follows:


Sec.  648.59  Sea Scallop Access Areas.

* * * * *
    (b) Closed Area I Access Area--(1) From March 1, 2014, through 
February 29, 2016 (i.e., fishing year 2014 and 2015), vessels issued 
scallop permits may not fish for, possess, or land scallops in or from, 
the area known as the Closed Area I Access Area, described in paragraph 
(b)(3) of this section, unless transiting pursuant to paragraph (f) of 
this section. Vessels issued both a NE Multispecies permit and an LAGC 
scallop permit may fish in an approved SAP under Sec.  648.85 and under 
multispecies DAS in the scallop access area, provided they comply with 
restrictions in paragraph (b)(5)(ii)(C) of this section.
    (2) [Reserved]
    (3) The Closed Area I Access Area is defined by straight lines 
connecting the following points in the order stated (copies of a chart 
depicting this area are available from the Regional Administrator upon 
request), and so that the line connecting points CAIA3 and CAIA4 is the 
same as the portion of the western boundary line of Closed Area I, 
defined in Sec.  648.81(a)(1), that lies between points CAIA3 and 
CAIA4:

----------------------------------------------------------------------------------------------------------------
              Point                         Latitude                  Longitude                   Note
----------------------------------------------------------------------------------------------------------------
CAIA1............................  41[deg]26' N.              68[deg]30' W.             ........................
CAIA2............................  40[deg]58' N.              68[deg]30' W.             ........................
CAIA3............................  40[deg]54.95' N.           68[deg]53.37' W.          (\1\)
CAIA4............................  41[deg]04.32' N.           69[deg]01.27' W.          (\1\)
CAIA1............................  41[deg]26' N.              68[deg]30' W.             ........................
----------------------------------------------------------------------------------------------------------------
\1\ From Point CAIA3 to Point CAIA4 along the western boundary of Closed Area I, defined in Sec.   648.81(a)(1).

    (4) [Reserved]
    (c) Closed Area II Access Area--(1) From March 1, 2014, through 
February 28, 2015 (i.e., fishing year 2014), subject to the seasonal 
restrictions specified in paragraph (c)(4) of this section, a vessel 
issued a scallop permit may not fish for, possess, or land scallops in 
or from the area known as the Closed Area II Sea Scallop Access Area, 
described in paragraph (c)(3) of this section, unless the vessel is 
participating in, and complies with the requirements of, the area 
access program described in Sec.  648.60.
    (2) From March 1, 2015, through February 29, 2016 (i.e., fishing 
year 2015), unless fishing a 2014 fishing year compensation trip, as 
specified in Sec.  648.60(c)(5)(v), a vessel issued scallop permit may 
not fish for, possess, or land scallops in or from, the area known as 
the Closed Area II Access Area, described in paragraph (c)(3) of this 
section, unless transiting pursuant to paragraph (f) of this section, a 
vessel issued both a NE Multispecies permit and an LAGC scallop permit 
may not fish in an approved SAP under Sec.  648.85 and under 
multispecies DAS in the scallop access area, unless it complies with 
restrictions in paragraph (c)(5)(ii)(C) of this section.
    (3) The Closed Area II Sea Scallop Access Area is defined by 
straight lines, except where noted, connecting the following points in 
the order stated (copies of a chart depicting this area are available 
from the Regional Administrator upon request):

[[Page 34263]]



----------------------------------------------------------------------------------------------------------------
              Point                         Latitude                  Longitude                   Note
----------------------------------------------------------------------------------------------------------------
CAIIA1...........................  41[deg]00' N.              67[deg]20' W.             ........................
CAIIA2...........................  41[deg]00' N.              66[deg]35.8' W.           ........................
CAIIA3...........................  41[deg]18.6' N.            (\1\)                     (\2\)
CAIIA4...........................  41[deg]30' N.              (\3\)                     (\2\)
CAIIA5...........................  41[deg]30' N.              67[deg]20' W.             ........................
CAIIA1...........................  41[deg]00' N.              67[deg]20' W.             ........................
----------------------------------------------------------------------------------------------------------------
\1\ The intersection of 41[deg]18.6 N. lat. and the U.S.-Canada Maritime Boundary, approximately 41[deg]18.6' N.
  lat. and 66[deg]25.01' W. long.
\2\ From Point CAIIA3 connected to Point CAIIA4 along the U.S.-Canada Maritime Boundary.
\3\ The intersection of 41[deg]30' N. lat. and the U.S.-Canada Maritime Boundary, approximately 41[deg]30' N.
  lat., 66[deg]34.73' W. long.

    (4) Season. A vessel issued a scallop permit may not fish for, 
possess, or land scallops in or from the area known as the Closed Area 
II Sea Scallop Access Area, described in paragraph (c)(3) of this 
section, during the period of August 15 through November 15 of each 
year the Closed Area II Access Area is open to scallop vessels, unless 
transiting pursuant to paragraph (f) of this section.
    (d) Nantucket Lightship Access Area--(1) From March 1, 2014, 
through February 28, 2015 (i.e., fishing year 2014), a vessel issued a 
scallop permit may not fish for, possess, or land scallops in or from 
the area known as the Nantucket Lightship Sea Scallop Access Area, 
described in paragraph (d)(3) of this section, unless the vessel is 
participating in, and complies with the requirements of, the area 
access program described in Sec.  648.60.
    (2) From March 1, 2015, through February 29, 2016 (i.e., fishing 
year 2015), unless fishing a 2014 fishing year compensation trip, as 
specified in Sec.  648.60(c)(5)(v), a vessel issued scallop permits may 
not fish for, possess, or land scallops in or from the area known as 
the Nantucket Lightship Access Area, described in paragraph (d)(3) of 
this section, unless transiting pursuant to paragraph (f) of this 
section. A vessel issued both a NE multispecies permit and an LAGC 
scallop permit may not fish in an approved SAP under Sec.  648.85 and 
under multispecies DAS in the scallop access area, unless it complies 
with restrictions in paragraph (d)(5)(ii)(C) of this section.
    (3) The Nantucket Lightship Sea Scallop Access Area is defined by 
straight lines connecting the following points in the order stated 
(copies of a chart depicting this area are available from the Regional 
Administrator upon request):

------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
NLAA1..........................  40[deg]50' N.        69[deg]30' W.
NLAA2..........................  40[deg]50' N.        69[deg]00' W.
NLAA3..........................  40[deg]20' N.        69[deg]00' W.
NLAA4..........................  40[deg]20' N.        69[deg]30' W.
NLAA1..........................  40[deg]50' N.        69[deg]30' W.
------------------------------------------------------------------------

    (4) [Reserved]
    (e) Delmarva Sea Scallop Access Area. (1) Beginning June 16, 2014 
and until September 15, 2014, a vessel issued a scallop permit may not 
fish for, possess, or land scallops in or from the area known as the 
Delmarva Sea Scallop Access Area, described in paragraph (e)(3) of this 
section, unless the vessel is participating in, and complies with the 
requirements of, the area access program described in Sec.  648.60.
    (2) From March 1, 2015, through February 29, 2016 (i.e., fishing 
year 2015), unless fishing a 2014 fishing year compensation trip, as 
specified in Sec.  648.60(c)(5)(v), a vessel issued scallop permits may 
not fish for, possess, or land scallops in or from the area known as 
the Hudson Canyon Access Area, described in paragraph (e)(3) of this 
section, unless transiting pursuant to paragraph (f) of this section.
    (3) The Delmarva Sea Scallop Access Area is defined by straight 
lines connecting the following points in the order stated (copies of a 
chart depicting this area are available from the Regional Administrator 
upon request):

------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
DMV1...........................  38[deg]10' N.        74[deg]50' W.
DMV2...........................  38[deg]10' N.        74[deg]00' W.
DMV3...........................  37[deg]15' N.        74[deg]00' W.
DMV4...........................  37[deg]15' N.        74[deg]50' W.
DMV1...........................  38[deg]10' N.        74[deg]50' W.
------------------------------------------------------------------------

* * * * *

0
10. In Sec.  648.60:
0
a. Revise paragraphs (a) introductory text, (a)(3)(i), and (a)(5)(i);
0
b. Add paragraph (a)(3)(iii); and
0
c. Revise paragraphs (c)(5)(ii), (c)(5)(v), (e), and (g).
    The additions and revisions read as follows:


Sec.  648.60  Sea scallop access area program requirements.

    (a) A limited access scallop vessel may only fish in the Sea 
Scallop Access Areas specified in Sec.  648.59, subject to the seasonal 
restrictions specified in Sec.  648.59, provided the vessel complies 
with the requirements specified in paragraphs (a)(1) through (a)(9), 
and (b) through (f) of this section. An LAGC scallop vessel may fish in 
the Sea Scallop Access Areas specified in Sec.  648.59, subject to the 
seasonal restrictions specified in Sec.  648.59, provided the vessel 
complies with the requirements specified in paragraph (g) of this 
section.
* * * * *
    (3) * * * (i) Limited access vessel trips. (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, 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. No access area trips are allocated for 
fishing year 2015.
    (B) Full-time scallop vessels. In fishing year 2014, each full-time 
vessel shall have a total of two access area trips, including one trip 
in the Delmarva Access Area and one trip in either Closed Area II 
Access Area or the Nantucket Lightship Access Area. These allocations 
shall be determined by the Regional Administrator through a random 
assignment and shall be made publically available on the NMFS Northeast 
Region Web site prior to the start of the 2014 fishing year.
    (C) Part-time scallop vessels. (1) For the 2014 fishing year, a 
part-time scallop may take one trip in the Closed Area II Access Area, 
or one trip in the Nantucket Lightship Access Area, or one trip in the 
Delmarva Access Area.
    (2) For the 2015 fishing year, part-time scallop vessels shall not 
receive access area trip allocations.
    (D) Occasional scallop vessels. For the 2014 fishing year, an 
occasional scallop vessel may take one trip in the Closed Area II 
Access Area, or one trip in the

[[Page 34264]]

Nantucket Lightship Access Area, or one trip in the Delmarva Access 
Area.
* * * * *
    (iii) Delmarva Access Area Trip Exchange for open area DAS. From 
March 1, 2014, to February 28, 2015, (i.e., fishing year 2014) Full-
Time Limited Access Scallop vessels may exchange a single Delmarva 
Access Area trip for 5 additional open area DAS, as specified in Sec.  
648.53(b)(4)(i). A vessel may not exchange more than one Delmarva 
Access Area trip for five DAS. For example, a vessel's initially issued 
31 DAS and 2 Scallop Access Area trips, one in the Delmarva Access Area 
and one in the Nantucket Lightship Access Area, that exchanges its 
Nantucket Lightship Access Area trip for another Delmarva Access Area 
trip may only exchange one Delmarva Access Area trip for an additional 
five DAS.
* * * * *
    (5) * * * (i) Scallop possession limits. Unless authorized by the 
Regional Administrator, as specified in paragraphs (c) and (d) of this 
section, after declaring a trip into a Sea Scallop Access Area, a 
vessel owner or operator of a limited access scallop vessel may fish 
for, possess, and land, per trip, scallops, up to the maximum amounts 
specified in the table in this paragraph (a)(5). No vessel declared 
into the Access Areas as described in Sec.  648.59(a) through (e) may 
possess more than 50 bu (17.62 hL) of in-shell scallops outside of the 
Access Areas described in Sec.  648.59(a) through (e).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Permit category possession limit
             Fishing year             ------------------------------------------------------------------------------------------------------------------
                                                     Full-time                              Part-time                            Occasional
--------------------------------------------------------------------------------------------------------------------------------------------------------
2014.................................  12,000 lb (5,443 kg).................  9,600 lb (4,354 kg).................  2,000 lb (907 kg).
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
    (c) * * *
    (5) * * *
    (ii) If a vessel is authorized more than one additional 
compensation trip into any Sea Scallop Access Area as the result of 
more than one terminated trip in the same Access Area, the possession 
limits for the authorized trips may be combined, provided the total 
possession limit on a combined additional compensation trip does not 
exceed the possession limit for a trip as specified in paragraph (a)(5) 
of this section. For example, if the possession limit for a full-time 
vessel is 18,000 lb (8,165 kg) per trip, a full-time vessel that has 
two broken trips with corresponding additional compensation trip 
authorizations of 10,000 lb (4,536 kg) and 8,000 lb (3,629 kg) may 
combine the authorizations to allow one compensation trip with a 
possession limit of 18,000 lb (8,165 kg).
* * * * *
    (v) Additional compensation trip carryover. Unless otherwise 
specified in Sec.  648.59, if an Access Area trip conducted during the 
last 60 days of the open period or season for the Access Area is 
terminated before catching the allowed possession limit, and the 
requirements of paragraph (c) of this section are met, the vessel 
operator shall be authorized to fish an additional trip as compensation 
for the terminated trip in the following fishing year. The vessel 
owner/operator must take such additional compensation trips, complying 
with the trip notification procedures specified in paragraph 
(a)(2)(iii) of this section, within the first 60 days of that fishing 
year the Access Area first opens in the subsequent fishing year. For 
example, a vessel that terminates an Delmarva Access Area trip on 
December 29, 2011, must declare that it is beginning its additional 
compensation trip during the first 60 days that the Delmarva Access 
Area is open (March 1, 2012, through April 29, 2012). If an Access Area 
is not open in the subsequent fishing year, then the additional 
compensation trip authorization would expire at the end of the Access 
Area Season in which the trip was broken. For example, a vessel that 
terminates a Closed Area I trip on December 10, 2012, may not carry its 
additional compensation trip into the 2013 fishing year because Closed 
Area I is not open during the 2013 fishing year, and must complete any 
compensation trip by January 31, 2013.
* * * * *
    (e) Sea Scallop Research Set-Aside Harvest in Access Areas--(1) 
Access Areas available for harvest of research set-aside (RSA). Unless 
otherwise specified, RSA may be harvested in any access area that is 
open in a given fishing year, as specified through a framework 
adjustment and pursuant to Sec.  648.56. The amount of pounds that can 
be harvested in each access area by vessels participating in approved 
RSA projects shall be determined through the RSA application review and 
approval process. The access areas open for RSA harvest for fishing 
years 2014 and 2015 are:
    (i) 2014: Closed Area II Access Area
    (ii) 2015: None.
    (2) [Reserved]
* * * * *
    (g) Limited Access General Category Vessels. (1) An LAGC scallop 
vessel may only fish in the scallop access areas specified in Sec.  
648.59(a) through (e), subject to the seasonal restrictions specified 
in Sec.  648.59(b)(4), (c)(4), and (d)(4), and subject to the 
possession limit specified in Sec.  648.52(a), and provided the vessel 
complies with the requirements specified in paragraphs (a)(1), (a)(2), 
(a)(6) through (9), (d), (e), (f), and (g) of this section. A vessel 
issued both a NE multispecies permit and an LAGC scallop permit may 
fish in an approved SAP under Sec.  648.85 and under multispecies DAS 
in the Closed Area I, Closed Area II, and Nantucket Lightship Sea 
Scallop Access Areas specified in Sec.  648.59(b) through (d), provided 
the vessel complies with the requirements specified in Sec.  
648.59(b)(5)(ii), (c)(5)(ii), and (d)(5)(ii), and this paragraph (g), 
but may not fish for, possess, or land scallops on such trips.
    (2) Limited Access General Category Gear restrictions. An LAGC IFQ 
scallop vessel authorized to fish in the Access Areas specified in 
Sec.  648.59(a) through (e) must fish with dredge gear only. The 
combined dredge width in use by, or in possession on board of, an LAGC 
scallop vessel fishing in Closed Area I, Closed Area II, and Nantucket 
Lightship Access Areas may not exceed 10.5 ft (3.2 m). The combined 
dredge width in use by, or in possession on board of, an LAGC scallop 
vessel fishing in the remaining Access Areas described in Sec.  648.59 
may not exceed 31 ft (9.4 m). Dredge width is measured at the widest 
point in the bail of the dredge.
    (3) LAGC IFQ Access Area Trips.--(i) An LAGC scallop vessel 
authorized to fish in the Access Areas specified in Sec.  648.59(a) 
through (e) may land scallops, subject to the possession limit 
specified in Sec.  648.52(a), unless the Regional Administrator has 
issued a notice that the number of LAGC IFQ access area trips have been 
or are projected to be taken. The total number of LAGC IFQ trips in a 
specified Access Area for fishing year 2014 and 2015 are:

------------------------------------------------------------------------
                      Access area                         2014     2015
------------------------------------------------------------------------
Hudson Canyon.........................................        0        0

[[Page 34265]]

 
Delmarva..............................................      516        0
Elephant Trunk........................................        0        0
Closed Area 1.........................................        0        0
Closed Area 2.........................................        0        0
Nanatucket Lightship..................................      241        0
------------------------------------------------------------------------

    (ii) Scallops landed by each LAGC IFQ vessel on an access area trip 
shall count against the vessel's IFQ.
    (iii) Upon a determination from the Regional Administrator that the 
total number of LAGC IFQ trips in a specified Access Area have been or 
are projected to be taken, the Regional Administrator shall publish 
notification of this determination in the Federal Register, in 
accordance with the Administrative Procedure Act. Once this 
determination has been made, an LAGC IFQ scallop vessel may not fish 
for, possess, or land scallops in or from the specified Access Area 
after the effective date of the notification published in the Federal 
Register.
    (4) Possession Limits--(i) Scallops. A vessel issued a NE 
multispecies permit and a general category scallop permit that is 
fishing in an approved SAP under Sec.  648.85 under multispecies DAS, 
and that has not enrolled in the LAGC Access Area fishery, is 
prohibited from possessing scallops. An LAGC scallop vessel authorized 
to fish in the Access Areas specified in Sec.  648.59(a) through (e) 
may possess scallops up to the possession limit specified in Sec.  
648.52(a).
    (ii) Other species. Unless issued an LAGC scallop permit and 
fishing under an approved NE multispecies SAP under NE multispecies 
DAS, an LAGC IFQ vessel fishing in the Access Areas specified in Sec.  
648.59(b) through (d) is prohibited from possessing any species of fish 
other than scallops and monkfish, as specified in Sec.  
648.94(c)(8)(i).

0
11. Section 648.61 is revised to read as follows:


Sec.  648.61  EFH closed areas.

    (a) No vessel fishing for scallops, or person on a vessel fishing 
for scallops, may enter, fish in, or be in the EFH Closure Areas 
described in paragraphs (a)(1) through (6) of this section, unless 
otherwise specified. A chart depicting these areas is available from 
the Regional Administrator upon request.
    (1) Western GOM Habitat Closure Area. The restrictions specified in 
this paragraph (a) apply to the Western GOM Habitat Closure Area, which 
is the area bounded by straight lines connecting the following points 
in the order stated:

                    Western GOM Habitat Closure Area
------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
WGM1...........................  43[deg]15' N.        70[deg]15' W.
WGM2...........................  42[deg]15' N.        70[deg]15' W.
WGM3...........................  42[deg]15' N.        70[deg]00' W.
WGM4...........................  43[deg]15' N.        70[deg]00' W.
WGM1...........................  43[deg]15' N.        70[deg]15' W.
------------------------------------------------------------------------

    (2) Cashes Ledge Habitat Closure Area. The restrictions specified 
in paragraph (a) of this section apply to the Cashes Ledge Habitat 
Closure Area, which is the area bounded by straight lines connecting 
the following points in the order stated:

                    Cashes Ledge Habitat Closure Area
------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
CLH1...........................  43[deg]01' N.        69[deg]03' W.
CLH2...........................  43[deg]01' N.        68[deg]52' W.
CLH3...........................  42[deg]45' N.        68[deg]52' W.
CLH4...........................  42[deg]45' N.        69[deg]03' W.
CLH1...........................  43[deg]01' N.        69[deg]03' W.
------------------------------------------------------------------------

    (3) Jeffrey's Bank Habitat Closure Area. The restrictions specified 
in paragraph (a) of this section apply to the Jeffrey's Bank Habitat 
Closure Area, which is the area bounded by straight lines connecting 
the following points in the order stated:

                   Jeffrey's Bank Habitat Closure Area
------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
JB1............................  43[deg]40' N.        68[deg]50' W.
JB2............................  43[deg]40' N.        68[deg]40' W.
JB3............................  43[deg]20' N.        68[deg]40' W.
JB4............................  43[deg]20' N.        68[deg]50' W.
JB1............................  43[deg]40' N.        68[deg]50' W.
------------------------------------------------------------------------

    (4) Closed Area I Habitat Closure Areas. The restrictions specified 
in paragraph (a) of this section apply to the Closed Area I Habitat 
Closure Areas, Closed Area I-North and Closed Area I-South, which are 
the areas bounded by straight lines connecting the following points in 
the order stated, and so that the line connecting points CI1 CIH2 and 
CI1CIH1, and CI2 and CIH3 is the same as the portion of the western 
boundary line of Closed Area I, defined in paragraph (a)(1) of this 
section, that lies between those points:

                                    Closed Area I--North Habitat Closure Area
----------------------------------------------------------------------------------------------------------------
              Point                         Latitude                  Longitude                   Note
----------------------------------------------------------------------------------------------------------------
CI1..............................  41[deg]30' N.              69[deg]23' W.             ........................
CI4..............................  41[deg]30' N.              68[deg]30' W.             ........................
CIH1.............................  41[deg]26' N.              68[deg]30' W.             ........................
CIH2.............................  41[deg]04.32' N.           69[deg]01.27' W.          (\1\)
CI1..............................  41[deg]30' N.              69[deg]23' W.             (\1\)
----------------------------------------------------------------------------------------------------------------
\1\ From Point CI2 back to Point CIH3 along the western boundary of Closed Area I, defined in Sec.
  648.81(a)(1).


                                    Closed Area I--South Habitat Closure Area
----------------------------------------------------------------------------------------------------------------
              Point                         Latitude                  Longitude                   Notes
----------------------------------------------------------------------------------------------------------------
CIH3.............................  40[deg]54.95' N.           68[deg]53.37' W.          ........................
CIH4.............................  40[deg]58' N.              68[deg]30' W.             ........................
CI3..............................  40[deg]45' N.              68[deg]30' W.             ........................
CI2..............................  40[deg]45' N.              68[deg]45' W.             (\1\)
CIH3.............................  40[deg]54.95' N.           68[deg]53.37' W.          (\1\)
----------------------------------------------------------------------------------------------------------------
\1\ From Point CI2 back to Point CIH3 along the western boundary of Closed Area I, defined in Sec.
  648.81(a)(1).

    (5) Closed Area II Habitat Closure Area. The restrictions specified 
in this paragraph (a) apply to the Closed Area II Habitat Closure Area 
(also referred to as the Habitat Area of Particular Concern), which is 
the area bounded by

[[Page 34266]]

straight lines, except where noted, connecting the following points in 
the order stated:

                                       Closed Area II Habitat Closure Area
----------------------------------------------------------------------------------------------------------------
              Point                         Latitude                  Longitude                   Note
----------------------------------------------------------------------------------------------------------------
CIIH1............................  42[deg]10' N.              67[deg]20' W.
CIIH2............................  42[deg]10' N.              (\1\)                     (\2\)
CIIH3............................  42[deg]00' N.              (\3\)                     (\2\)
CIIH4............................  42[deg]00' N.              67[deg]10' W.
CIIH5............................  41[deg]50' N.              67[deg]10' W.
CIIH6............................  41[deg]50' N.              67[deg]20' W.
CIIH1............................  42[deg]10' N.              67[deg]20' W.
----------------------------------------------------------------------------------------------------------------
\1\ The intersection of 42[deg]10' N. lat. and the U.S.-Canada Maritime Boundary, approximately 42[deg]10' N.
  lat. and 67[deg]9.38' W. long.
\2\ From Point CIIH2 connected to Point CIIH3 along the U.S.-Canada Maritime Boundary.
\3\ The intersection of 42[deg]00' N. lat. and the U.S.-Canada Maritime Boundary, approximately 42[deg]00' N.
  lat. and 67[deg]0.63' W. long.

    (6) Nantucket Lightship Habitat Closure Area. The restrictions 
specified in this paragraph (a) apply to the Nantucket Lightship 
Habitat Closure Area, which is the area bounded by straight lines 
connecting the following points in the order stated:

                 Nantucket Lightship Habitat Closed Area
------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
NLH1...........................  41[deg]10' N.        70[deg]00' W.
NLH2...........................  41[deg]10' N.        69[deg]50' W.
NLH3...........................  40[deg]50' N.        69[deg]30' W.
NLH4...........................  40[deg]20' N.        69[deg]30' W.
NLH5...........................  40[deg]20' N.        70[deg]00' W.
NLH1...........................  41[deg]10' N.        70[deg]00' W.
------------------------------------------------------------------------

    (b) Transiting. A vessel may transit the EFH Closure Areas as 
defined in paragraphs (a)(1) through (6) of this section, unless 
otherwise restricted, provided that its gear is stowed in accordance 
with the provisions of Sec.  648.23(b). A vessel may transit the CAII 
EFH closed area, as defined in paragraph (a)(5) of this section, 
provided there is a compelling safety reason to enter the area and all 
gear is stowed in accordance with the provisions of Sec.  648.23(b).

0
12. In Sec.  648.64, paragraphs (a), (b)(1), (c)(1)(i), (c)(2)(ii), 
(c)(2)(iii), and (c)(2)(iv) are revised to read as follows:


Sec.  648.64  Yellowtail flounder sub-ACLs and AMs for the scallop 
fishery.

    (a) As specified in Sec.  648.55(d), and pursuant to the biennial 
framework adjustment process specified in Sec.  648.90, the scallop 
fishery shall be allocated a sub-ACL for the Georges Bank and Southern 
New England/Mid-Atlantic stocks of yellowtail flounder. The sub-ACLs 
for the 2014 fishing year are specified in Sec.  648.90(a)(4)(iii)(C) 
of the NE multispecies regulations.
    (b) * * * (1) Unless otherwise specified in Sec.  648.90(a)(5)(iv) 
of the NE multispecies regulations, if the Georges Bank yellowtail 
flounder sub-ACL for the scallop fishery is exceeded, the area defined 
by the following coordinates, bounded in the order stated by straight 
lines except where noted, shall be closed to scallop fishing by vessels 
issued a limited access scallop permit for the period of time specified 
in paragraph (b)(2) of this section:

                             Georges Bank Yellowtail Accountability Measure Closure
----------------------------------------------------------------------------------------------------------------
              Point                         Latitude                  Longitude                   Note
----------------------------------------------------------------------------------------------------------------
GBYT AM 1........................  41[deg]50' N.              (\1\)                     (\2\)
GBYT AM 2........................  40[deg]30' N.              (\3\)                     (\2\)
GBYT AM 3........................  40[deg]30' N.              66[deg]40' W.
GBYT AM 4........................  40[deg]40' N.              66[deg]40' W.
GBYT AM 5........................  40[deg]40' N.              66[deg]50' W.
GBYT AM 6........................  40[deg]50' N.              66[deg]50' W.
GBYT AM 7........................  40[deg]50' N.              67[deg]00' W.
GBYT AM 8........................  41[deg]00' N.              67[deg]00' W.
GBYT AM 9........................  41[deg]00' N.              67[deg]20' W.
GBYT AM 10.......................  41[deg]10' N.              67[deg]20' W.
GBYT AM 11.......................  41[deg]10' N.              67[deg]40' W.
GBYT AM 12.......................  41[deg]50' N.              67[deg]40' W.
GBYT AM 1........................  41[deg]50' N.              (\1\)
----------------------------------------------------------------------------------------------------------------
\1\ The intersection of 41[deg]50' N. lat. and the U.S.-Canada Maritime Boundary, approximately 41[deg]50' N.
  lat., 66[deg]51.94' W. long.
\2\ From Point GBYT AM 1 connected to Point GBYT AM 2 along the U.S.-Canada Maritime Boundary.
\3\ The intersection of 40[deg]30' N. lat. and the U.S.-Canada Maritime Boundary, approximately 40[deg]30' N.
  lat. and 65[deg]44.34' W. long.

* * * * *
    (c) * * * (1) * * * (i) Unless otherwise specified in Sec.  
648.90(a)(5)(iv) of the NE multispecies regulations, if the Southern 
New England/Mid-Atlantic yellowtail flounder sub-ACL for the scallop 
fishery is exceeded, the following area shall be closed to scallop 
fishing by vessels issued a limited access scallop permit for the 
period of time specified in paragraph (c)(1)(ii) of this section. The 
Southern New England Yellowtail Accountability Measure Closure Area for 
Limited Access Scallop Vessels is comprised of Northeast Region 
Statistical Areas 537, 539 and 613, and is 
defined by the following coordinates, connected in the order listed by 
straight lines, unless otherwise noted:

[[Page 34267]]



----------------------------------------------------------------------------------------------------------------
              Point                         Latitude                  Longitude                   Note
----------------------------------------------------------------------------------------------------------------
LA SNEYT AM A....................  (\1\)                      73[deg]00' W.
LA SNEYT AM B....................  40[deg]00' N.              73[deg]00' W.
LA SNEYT AM C....................  40[deg]00' N.              71[deg]40' W.
LA SNEYT AM D....................  39[deg]50' N.              71[deg]40' W.
LA SNEYT AM E....................  39[deg]50' N.              70[deg]00' W.
LA SNEYT AM F....................  (\2\)                      70[deg]00' W.             (\3\)
LA SNEYT AM G....................  41[deg]16.76' N.           70[deg]13.47' W.          (\3\) (\4\)
LA SNEYT AM H....................  41[deg]18.01' N.           70[deg]15.47' W.          (\5\)
LA SNEYT AM I....................  41[deg]20.26' N.           70[deg]18.30' W.          (\6\)
LA SNEYT AM J....................  41[deg]21.09' N.           70[deg]27.03' W.          (\7\) (\8\)
LA SNEYT AM K....................  41[deg]20' N.              (\9\)                     (\8\)
LA SNEYT AM L....................  41[deg]20' N.              71[deg]10' W.
LA SNEYT AM M....................  (\10\)                     71[deg]10' W.             (\11\)
LA SNEYT AM N....................  (\12\)                     71[deg]40' W.             (\11\)
LA SNEYT AM O....................  41[deg]00' N.              71[deg]40' W.
LA SNEYT AM P....................  41[deg]00' N.              (\13\)                    (\14\)
LA SNEYT AM A....................  (\1\)                      73[deg]00' W.             (\14\)
----------------------------------------------------------------------------------------------------------------
\1\ The south facing mainland coastline of Long Island.
\2\ The southern coastline of Nantucket.
\3\ From Point F to Point G along the southern coastline of Nantucket.
\4\ Point G represents Esther Island, Nantucket, Massachusetts.
\5\ Point H represents Tuckernuck Island, Nantucket, Massachusetts.
\6\ Point I represents Muskeget Island, Nantucket, Massachusetts.
\7\ Point J represents Wasque Point, Chappaquiddick Island, Massachusetts.
\8\ From Point J to Point K along the southern coastline of Martha's Vineyard.
\9\ The western coastline of Martha's Vineyard.
\10\ The southern coastline of Rhode Island.
\11\ From Point M to Point N following the mainland coastline of Rhode Island.
\12\ The southern coastline of Rhode Island.
\13\ Southeast facing coastline of Long Island.
\14\ From Point P back to Point A along the southern mainland coastline of Long Island.

* * * * *
    (2) * * *
    (ii) Closure Area 1 is comprised of Northeast Region Statistical 
Area 537, and is defined by the following coordinates, 
connected in the order listed by straight lines, unless otherwise 
noted:

----------------------------------------------------------------------------------------------------------------
              Point                         Latitude                  Longitude                   Note
----------------------------------------------------------------------------------------------------------------
LAGC Dredge SNEYT AM1 A..........  41[deg]20' N.              (\1\)
LAGC Dredge SNEYT AM1 B..........  41[deg]20' N.              71[deg]10' W.
LAGC Dredge SNEYT AM1 C..........  41[deg]10' N.              71[deg]10' W.
LAGC Dredge SNEYT AM1 D..........  41[deg]10' N.              71[deg]20' W.
LAGC Dredge SNEYT AM1 E..........  40[deg]50' N.              71[deg]20' W.
LAGC Dredge SNEYT AM1 F..........  40[deg]50' N.              71[deg]40' W.
LAGC Dredge SNEYT AM1 G..........  39[deg]50' N.              71[deg]40' W.
LAGC Dredge SNEYT AM1 H..........  39[deg]50' N.              70[deg]00' W.
LAGC Dredge SNEYT AM1 I..........  (\2\)                      70[deg]00' W.             (\3\)
LAGC Dredge SNEYT AM1 J..........  41[deg]16.76' N.           70[deg]13.47' W.          (\3\) (\4\)
LAGC Dredge SNEYT AM1 K..........  41[deg]18.01' N.           70[deg]15.47' W.          (\5\)
LAGC Dredge SNEYT AM1 L..........  41[deg]20.26' N.           70[deg]18.30' W.          (\6\)
LAGC Dredge SNEYT AM1 M..........  41[deg]21.09' N. (\8\)     70[deg]27.03' W.          (\7\) (\8\)
LAGC Dredge SNEYT AM1 A..........  41[deg]20' N.              (\1\)                     (\8\)
----------------------------------------------------------------------------------------------------------------
\1\ The western coastline of Martha's Vineyard.
\2\ The southern coastline of Nantucket.
\3\ From Point I to Point J along the southern coastline of Nantucket.
\4\ Point J represents Esther Island, Nantucket, Massachusetts.
\5\ Point K represents Tuckernuck Island, Nantucket, Massachusetts.
\6\ Point L represents Muskeget Island, Nantucket, Massachusetts.
\7\ Point M represents Wasque Point, Chappaquiddick Island, Massachusetts.
\8\ From Point M back to Point A along the southern coastline of Martha's Vineyard.

    (iii) Closure Area 2 is comprised of Northeast Region Statistical 
Area 613, and is defined by the following coordinates, 
connected in the order listed by straight lines, unless otherwise 
noted:

----------------------------------------------------------------------------------------------------------------
              Point                         Latitude                  Longitude                   Note
----------------------------------------------------------------------------------------------------------------
LAGC Dredge SNEYT AM2 A..........  (\1\)                      73[deg]00' W.
LAGC Dredge SNEYT AM2 B..........  40[deg]00' N.              73[deg]00' W.
LAGC Dredge SNEYT AM2 C..........  40[deg]00' N.              71[deg]40' W.
LAGC Dredge SNEYT AM2 D..........  41[deg]00' N.              71[deg]40' W.
LAGC Dredge SNEYT AM2 E..........  41[deg]00' N.              (\2\)                     (\3\)

[[Page 34268]]

 
LAGC Dredge SNEYT AM2 A..........  (\1\)                      73[deg]00' W.             (\3\)
----------------------------------------------------------------------------------------------------------------
\1\ The south facing mainland coastline of Long Island.
\2\ Southeast facing coastline of Long Island.
\3\ From Point E back to Point A along the southern mainland coastline of Long Island.

    (iv) Closure Area 3 is comprised of Northeast Region Statistical 
Area 539, and is defined by the following coordinates, 
connected in the order listed by straight lines, unless otherwise 
noted:

----------------------------------------------------------------------------------------------------------------
              Point                         Latitude                  Longitude                   Note
----------------------------------------------------------------------------------------------------------------
LAGC Dredge SNEYT AM3 A..........  (\1\)                      71[deg]40' W.
LAGC Dredge SNEYT AM3 B..........  40[deg]50' N.              71[deg]40' W.
LAGC Dredge SNEYT AM3 C..........  40[deg]50' N.              71[deg]20' W.
LAGC Dredge SNEYT AM3 D..........  41[deg]10' N.              71[deg]20' W.
LAGC Dredge SNEYT AM3 E..........  41[deg]10' N.              71[deg]10' W.
LAGC Dredge SNEYT AM3 F..........  (\1\)                      71[deg]10' W.             (\2\)
LAGC Dredge SNEYT AM3 A..........  (\1\)                      71[deg]40' W.             (\2\)
----------------------------------------------------------------------------------------------------------------
\1\ The southern coastline of Rhode Island.
\2\ From Point F back to Point A following the southern mainland coastline of Rhode Island.

* * * * *

0
13. Section 648.65 is added to subpart D to read as follows:


Sec.  648.65  Windowpane flounder sub-ACL and AM for the scallop 
fishery.

    (a) As specified in Sec.  648.55(d), and pursuant to the biennial 
framework adjustment process specified in Sec.  648.90, the scallop 
fishery shall be allocated a sub-ACL for SNE/MA stock of windowpane 
flounder. The sub-ACLs for the 2014 fishing year are specified in Sec.  
648.90(a)(4)(iii)(E) of the NE multispecies regulations.
    (b) Accountability measure. (1) Unless otherwise specified in Sec.  
648.90(a)(5)(iv) of the NE multispecies regulations, if the SNE/MA 
windowpane flounder sub-ACL for the scallop fishery is exceeded and an 
accountability measure is triggered as described in Sec.  
648.90(a)(5)(iv), the area west of 71[deg] W. long., shall be 
considered the SNE/MA windowpane flounder gear restricted area. Scallop 
vessels participating in the DAS, or LAGC IFQ scallop fishery for the 
period of time specified in paragraph (b)(2) of this section must 
comply with the gear restrictions specified in paragraph (b)(3) of this 
section when fishing in open areas. This accountability measure does 
not apply to scallop vessels fishing in Sea Scallop Access Areas.
    (2) Duration of gear restricted area. The SNE/MA windowpane 
flounder accountability measure gear restricted area shall remain in 
effect for the period of time based on the corresponding percent 
overage of the SNE/MA windowpane flounder sub-ACL, as follows:

------------------------------------------------------------------------
      Percent overage of sub-ACL               Length of closure
------------------------------------------------------------------------
20 or less...........................  February.
Greater than 20......................  March and February.
------------------------------------------------------------------------

    (3) Gear restriction. When subject to the SNE/MA windowpane 
flounder accountability measure gear restricted area as described in 
paragraphs (b) and (b)(2) of this section, a vessel must fish with 
scallop dredge gear that conforms to the following restrictions:
    (i) No more than 5 rows of rings shall be used in the apron of the 
dredge. The apron is on the top side of the dredge, extends the full 
width of the dredge, and is the rows of dredge rings that extend from 
the back edge of the twine top (i.e., farthest from the dredge frame) 
to the clubstick; and
    (ii) The maximum hanging ratio for a net, net material, or any 
other material on the top of a scallop dredge (twine top) possessed or 
used by vessels fishing with scallop dredge gear does not exceed 1.5:1 
overall. An overall hanging ratio of 1.5:1 means that the twine top is 
attached to the rings in a pattern of alternating 2 meshes per ring and 
1 mesh per ring (counted at the bottom where the twine top connects to 
the apron), for an overall average of 1.5 meshes per ring for the 
entire width of the twine top. For example, an apron that is 40 rings 
wide (not including any ring in the side pieces) would only be able to 
use a twine top with 60 or fewer meshes so that the overall ratio of 
meshes to rings did not exceed 1.5 (60 meshes/40 rings = 1.5).
    (iii) Vessels may not fish for scallops with trawl gear west of 
71[deg] W. Long when the gear restricted area accountability measure is 
in effect.
    (c) Process for implementing the AM--(1) If reliable information is 
available to make a mid-year determination: On or about January 15 of 
each year, based upon catch and other information available to NMFS, 
the Regional Administrator shall determine whether the SNE/MA 
windowpane flounder sub-ACL was exceeded, or is projected to be 
exceeded, and if an accountability measure was triggered as described 
in Sec.  648.90(a)(5)(iv), by scallop vessels prior to the end of the 
scallop fishing year ending on February 28/29. The determination shall 
include the amount of the overage or projected amount of the overage, 
specified as a percentage of the overall sub-ACL for the SNE/MA 
windowpane flounder stock, in accordance with the values specified in 
paragraph (a) of this section. Based on this initial determination in 
mid-January, the Regional Administrator shall implement the AM in the 
following fishing year in accordance with the APA and attempt to notify 
owners of limited access and LAGC scallop vessels by letter identifying 
the length of the gear restricted area and a summary of the SNE/MA 
windowpane flounder catch, overage, and projection that resulted in the 
gear restricted area.
    (2) If reliable information is not available to make a mid-year 
determination: Once NMFS has compiled the necessary information (e.g., 
when the previous fishing year's observer and catch data are fully 
available), the Regional Administrator shall determine whether the SNE/
MA windowpane flounder sub-ACL was exceeded and if an accountability 
measure was triggered as described in Sec.  648.90(a)(5)(iv), by 
scallop vessels

[[Page 34269]]

following the end of the scallop fishing year ending on February 28/29. 
The determination shall include the amount of the overage, specified as 
a percentage of the overall sub-ACL for the SNE/MA windowpane flounder 
stock, in accordance with the values specified in paragraph (a) of this 
section. Based on this information, the Regional Administrator shall 
implement the AM in accordance with the APA in Year 3 (e.g., an 
accountability measure would be implemented in fishing year 2016 for an 
overage that occurred in fishing year 2014) and attempt to notify 
owners of limited access and LAGC scallop vessels by letter identifying 
the length of the gear restricted area and a summary of the SNE/MA 
windowpane flounder catch and overage information.

[FR Doc. 2014-14005 Filed 6-12-14; 4:15 pm]
BILLING CODE 3510-22-P