Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Framework Adjustment 27, 9151-9159 [2016-03624]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 81, Number 36 (Wednesday, February 24, 2016)]
[Proposed Rules]
[Pages 9151-9159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03624]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 151210999-6081-01]
RIN 0648-BF59


Fisheries of the Northeastern United States; Atlantic Sea Scallop 
Fishery; Framework Adjustment 27

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

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: NMFS proposes to approve and implement measures included in 
Framework Adjustment 27 to the Atlantic Sea Scallop Fishery Management 
Plan, which the New England Fishery Management Council adopted and 
submitted to NMFS for approval. The purpose of Framework 27 is to 
prevent overfishing, improve yield-per-recruit, and improve the overall 
management of the Atlantic sea scallop fishery. Framework 27 would: Set 
specifications for the scallop fishery for fishing year 2016, including 
days-at-sea allocations, individual fishing quotas, and sea scallop 
access area trip allocations; create a new rotational closed area south 
of Closed Area II to protect small scallops; and open the northern 
portion of the Nantucket Lightship Access Area to the Limited Access 
General Category fleet and transfer 19 percent of the Limited Access 
General Category access area trips from the Mid-Atlantic Access Area to 
the northern portion of the Nantucket Lightship Access Area.

DATES: Comments must be received by March 25, 2016.

ADDRESSES: The Council is developing an environmental assessment (EA) 
for this action that describes the proposed measures and other 
considered alternatives and provides a thorough analysis of the impacts 
of the proposed measures and alternatives. The Council submitted a 
decision draft of the framework to NMFS that includes the draft EA, a 
description of the Council's preferred alternative, the Council's 
rationale for selecting each alternative, and an Initial Regulatory 
Flexibility Analysis (IRFA). Copies of the decision draft of the 
framework, the draft EA, and the IRFA, are available upon request from 
Thomas A. Nies, Executive Director, New England Fishery Management 
Council, 50 Water Street, Newburyport, MA 01950.

[[Page 9152]]

    You may submit comments on this document, identified by NOAA-NMFS-
2015-0164, by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0164, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: John K. Bullard, Regional Administrator, NMFS, 
Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, 
Gloucester, MA 01930. Mark the outside of the envelope, ``Comments on 
Scallop Framework 27 Proposed Rule.''
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

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), 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. The Council adopted Framework 27 on December 3, 
2015, and submitted a draft of the framework to NMFS on December 22, 
2015, for review and approval. This annual action includes catch, 
effort, and quota allocations and adjustments to the rotational area 
management program for fishing year 2016.
    Framework 27 specifies measures for fishing year 2016, and includes 
fishing year 2017 measures that will go into place as a default should 
the next specifications-setting framework be delayed beyond the start 
of fishing year 2017. NMFS will implement Framework 27, if approved, 
after the start of fishing year 2016; 2016 default measures concerning 
allocations will go into place as of March 1, 2016. These default 
measures are more conservative than the Framework 27 proposed 
allocations and would be replaced by the higher Framework 27 
allocations if this action is approved. The Council has reviewed the 
Framework 27 proposed rule regulations as drafted by NMFS and deemed 
them to be necessary and appropriate as specified in section 303(c) of 
the Magnuson-Stevens Fishery Conservation and Management Act (MSA).

Specification of Scallop Overfishing Limit (OFL), Acceptable Biological 
Catch (ABC), Annual Catch Limits (ACLs), Annual Catch Targets (ACTs), 
and Set-Asides for the 2016 Fishing Year and Default Specifications for 
Fishing Year 2017

    The Council set the proposed OFL based on a fishing mortality (F) 
of 0.48, equivalent to the F threshold updated through the 2014 
assessment. The Council bases the proposed ABC and the equivalent total 
ACL for each fishing year on an F of 0.38, which is the F associated 
with a 25-percent probability of exceeding the OFL. The Council's 
Scientific and Statistical Committee recommended a scallop fishery ABC 
for both the 2016 and 2017 fishing years of 83.4 million lb (37,852 
mt), after accounting for discards and incidental mortality. The 
Scientific and Statistical Committee will reevaluate an ABC for 2017 
when the Council develops the next framework adjustment.
    Table 1 outlines the proposed scallop fishery catch limits that are 
derived from the ABC values. After deducting the incidental target 
total allowable catch (TAC) and the research set-aside (RSA) and the 
observer set-aside, the remaining ACL available to the fishery is 
allocated according to the fleet proportions established in Amendment 
11 to the FMP (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 limited access general category 
(LAGC) individual fishing quota (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. Amendment 15 to the FMP (76 FR 
43746; July 21, 2011) specified that no buffers to account for 
management uncertainty are necessary in setting the LAGC ACLs, meaning 
that the LAGC ACL would equal the LAGC ACT. As a result, the LAGC ACL 
values in Table 1, based on an F of 0.38, represent the amount of catch 
from which IFQ percentage shares will be applied to calculate each 
vessel's IFQ for a given fishing year. For the LA fleet, the management 
uncertainty buffer is based on the F associated with a 75-percent 
probability of remaining below the F associated with ABC/ACL, which, 
using the updated Fs applied to the ABC/ACL, now results in an F of 
0.34.

 Table 1--Scallop Catch Limits (mt) for Fishing Years 2016 and 2017 for
                       the LA and LAGC IFQ Fleets
------------------------------------------------------------------------
                                               2016       2017 (default)
------------------------------------------------------------------------
Overfishing Limit.......................          68,418          68,418
Acceptable Biological Catch/ACL                   37,852          37,852
 (discards removed).....................
Incidental Catch........................              23              23
Research Set-Aside (RSA)................             567             567
Observer Set-Aside......................             379             379
ACL for fishery.........................          36,884          36,884
LA ACL..................................          34,855          34,855
LAGC ACL................................           2,029           2,029
LAGC IFQ................................           1,845           1,845
LA with LAGC IFQ........................             184             184
LA ACT..................................          18,290          18,290
------------------------------------------------------------------------


[[Page 9153]]

    This action would deduct 1.25 million lb (567 mt) of scallops 
annually for 2016 and 2017 from the ABC and set it aside as the Scallop 
RSA to fund scallop research and to compensate participating vessels 
through the sale of scallops harvested under RSA projects. As of March 
1, 2016, this set-aside will be available for harvest by RSA-funded 
projects in open areas. Framework 27 would allow RSA to be harvested 
from the Mid-Atlantic Access Area (MAAA) that is proposed to be open 
for 2016, once this action is approved and implemented, but would 
prevent RSA harvesting from access areas under 2017 default measures. 
Of this 1.25 million lb (567 mt) allocation, NMFS has already allocated 
3,393 lb (1.5 mt) to previously funded multi-year projects as part of 
the 2015 RSA awards process. NMFS is reviewing proposals submitted for 
consideration of 2016 RSA awards and will be selecting projects for 
funding in the near future.
    This action would also set aside 1 percent of the ABC for the 
industry-funded observer program to help defray the cost of scallop 
vessels that carry an observer. The observer set-aside for fishing 
years 2016 and 2017 is 379 mt. The Council may adjust the 2017 observer 
set-aside when it develops specific, non-default measures for 2017.

Open Area Days-at-Sea (DAS) Allocations

    This action would implement vessel-specific DAS allocations for 
each of the three LA scallop DAS permit categories (i.e., full-time, 
part-time, and occasional) for 2016 and 2017 (Table 2). Proposed 2016 
DAS allocations are higher than those allocated to the LA fleet in 2015 
(30.86 DAS for full-time, 12.94 DAS for part-time, and 2.58 DAS for 
occasional vessels). We project DAS in fishing year 2017 to increase, 
but Framework 27 would set 2017 DAS allocations equal to fishing year 
2016 as a precautionary measure. This is to avoid over-allocating DAS 
to the fleet in the event that the 2017 specifications action, if 
delayed past the start of the 2017 fishing year, estimates that DAS 
should be less than currently projected. The proposed allocations in 
Table 2 exclude any DAS deductions that are required if the LA scallop 
fleet exceeded its 2015 sub-ACL. In addition, these DAS values take 
into account a 0.14-DAS reduction necessary to compensate for a measure 
implemented in Framework Adjustment 26 to the FMP (80 FR 22119; April 
21, 2015) that allows vessel to transit to ports south of 39[deg] N. 
Lat. while not on DAS.

      Table 2--Scallop Open Area DAS Allocations for 2016 and 2017
------------------------------------------------------------------------
                Permit category                     2016         2017
------------------------------------------------------------------------
Full-Time.....................................        34.55        34.55
Part-Time.....................................        13.82        13.82
Occasional....................................         2.88         2.88
------------------------------------------------------------------------

    On March 1, 2016, full-time, part-time, and occasional vessels will 
receive 26, 10.40, and 2.17 DAS, respectively. These allocations would 
increase as soon as we implement Framework 27, if approved.

LA Allocations and Trip Possession Limits for Scallop Access Areas

    For fishing year 2016 and the start of 2017, Framework 27 would 
keep all three Georges Bank Access Areas (i.e., Nantucket Lightship 
(NLS), Closed Area 1, and Closed Area 2 Access Areas) closed and keep 
the MAAA open to the LA fleet. This action proposes to close a new 
area, the Closed Area 2 Extension, to protect small scallops located 
south of the current Closed Area 2 boundary. The Council will 
reconsider this proposed closure area in a future framework action when 
the scallops are larger and ready for harvest.
    Table 3 outlines the proposed LA allocations that can be fished 
from the MAAA, which could be taken in as many trips as needed, so long 
as the trip possession limits (also in Table 3) are not exceeded. These 
proposed access area allocations for 2016 are equivalent to access area 
allocations for 2015.

                  Table 3--Scallop Access Area Limited Access Vessel Poundage Allocations and Trip Possession Limits for 2016 and 2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
          Permit category                      Possession limits                    2016 vessel allocation                 2017 vessel allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Full-Time.........................  17,000 lb (7,711 kg)..................  51,000 lb (23,133 kg)................  17,000 lb (7,711 kg).
Part-Time.........................  10,200 lb (4,627 kg)..................  20,400 lb (9,253 kg).................  10,200 lb (4,627 kg).
Occasional........................  1,420 lb (644 kg).....................  4,250 lb (1,928 kg)..................  1,420 lb (644 kg).
--------------------------------------------------------------------------------------------------------------------------------------------------------

Additional Measures To Reduce Impacts on Scallops

    1. Delayed Harvesting of Default 2017 MAAA Allocations. Although 
the Framework would include precautionary access area allocations for 
the 2017 fishing year (see 2017 allocations in Table 4), vessels would 
have to wait to fish these allocations until April 1, 2017. This 
precautionary measure is designed to protect scallops when scallop meat 
weights are lower than other times of the year (generally, this change 
in meat-weight is a physiological change in scallops due to spawning). 
However, if a vessel has not fully harvested its 2016 scallop access 
area allocation in fishing year 2016, it may still fish the remainder 
of its allocation in the first 60 days of 2017 (i.e., March 1, 2017, 
through April 29, 2017).
    2. 2017 RSA Harvest Restrictions. This action proposes that vessels 
participating in RSA projects would be prohibited from harvesting RSA 
in access areas under default 2017 measures. At the start of 2017, RSA 
could only be harvested from open areas. The Council would re-evaluate 
this measure in the framework action that would set final 2017 
specifications.

LAGC Measures

    1. ACL for LAGC vessels with IFQ permits. For LAGC vessels with IFQ 
permits, this action proposes a 1,845-mt ACL for 2016 and an initial 
ACL of 1,845 mt for 2017 (Table 1). We calculate IFQ allocations by 
applying each vessel's IFQ contribution percentage to these ACLs. IFQ 
allocations for each vessel assume that no LAGC IFQ AMs are triggered. 
The accountability measure (AM) dictates that if a vessel exceeds its 
IFQ in a given fishing year, its IFQ for the subsequent fishing year is 
reduced by the amount of the overage.
    Because Framework 27 would not go into effect until after the March 
1 start of fishing year 2016, the default 2016 IFQ allocations will go 
into effect. These default 2016 IFQ allocations are lower than those 
proposed in Framework 27. If approved, this action would increase the 
current vessel IFQ allocations.

[[Page 9154]]

NMFS will send a letter to IFQ permit holders providing both March 1, 
2016, IFQ allocations and Framework 27 proposed IFQ allocations so that 
vessel owners know what mid-year adjustments would occur if NMFS 
approves Framework 27.
    2. ACL for LA Scallop Vessels with IFQ Permits. For LA scallop 
vessels with IFQ permits, this action proposes a 184-mt ACL for 2016 
and an initial 184-mt ACL for 2017 (Table 1). We calculate IFQ 
allocations by applying each vessel's IFQ contribution percentage to 
these ACLs. IFQ allocations for each vessel assume that no LAGC IFQ AMs 
are triggered. The AM dictates that if a vessel exceeds its IFQ in a 
given fishing year, its IFQ for the subsequent fishing year would be 
reduced by the amount of the overage.
    3. LAGC IFQ Trip Allocations and Possession Limits for Scallop 
Access Areas. Framework 27 proposes that LAGC IFQ vessels would receive 
a fleetwide number of trips in the MAAA and a fleetwide number of trips 
in the northern portion of the Nantucket Lightship Access Area (NLSN). 
This action would not grant access to the NLSN to the LA fleet. Under 
other alternatives in the Framework, all of the LAGC IFQ access area 
trips were allocated in the MAAA. However, the Council wanted to 
provide opportunities for more LAGC vessels throughout the region 
(North Carolina to Massachusetts) to have access in areas with higher 
catch rates compared to open areas. Based on the biological and 
economic projections, both the short and long term impacts of providing 
LAGC access to the NLSN are similar to keeping the area closed to all 
vessels. Because LAGC vessels are limited in their range, LAGC vessels 
homeported in New England may benefit from increased access to scallops 
in this access area closer to their home ports.
    Framework 27 would allocate 2,068 and 602 trips in 2016 and 2017, 
respectively, to the MAAA. Under default 2017 measures, LAGC IFQ 
vessels must wait to fish these trips until April 1, 2017. It would 
also allocate 485 trips to the NLSN for fishing year 2016. The total 
number of trips (2,553) for fishing year 2016 is equivalent to the 
overall proportion of total catch from access areas compared to total 
catch. Framework 27 would not allocate any trips in NLSN for the 2017 
fishing year.
    4. NGOM TAC. This action proposes a 70,000-lb (31,751-kg) annual 
NGOM TAC for fishing years 2016 and 2017. The allocation for 2016 
assumes that there are no overages in 2015, which would trigger a 
pound-for-pound deduction in 2016 to account for the overage.
    5. Scallop Incidental Catch Target TAC. This action proposes a 
50,000-lb (22,680-kg) scallop incidental catch target TAC for fishing 
years 2016 and 2017 to account for mortality from this component of the 
fishery, and to ensure that F targets are not exceeded. The Council and 
NMFS may adjust this target TAC in a future action if vessels catch 
more scallops under the incidental target TAC than predicted.

Regulatory Corrections Under Regional Administrator Authority

    This proposed rule includes several revisions to the regulatory 
text to address text that is unnecessary, outdated, unclear, or NMFS 
could otherwise improve. NMFS proposes these changes consistent with 
section 305(d) of the MSA which 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. The first 
revision, at Sec.  648.14(i)(2)(ii)(B)(7), would clarify that the crew 
member restrictions, specified in Sec.  648.51(c) and Sec.  
648.51(e)(3)(i), apply in all access areas. The second revision, at 
Sec.  648.14(i)(3)(v)(C), would clarify that LAGC IFQ vessels must be 
declared into the Sea Scallop Access Area Program if they fish for, 
possess, or land scallops in or from any Sea Scallop Access Area. The 
third revision, at Sec.  648.51(e)(2), clarifies that vessels 
participating in the small dredge program may carry component parts on 
board the vessel such that they do not conform with the definition of 
``dredge or dredge gear.'' The fourth revision, at Sec.  648.52(f), 
clarifies that LAGC IFQ vessels are permitted to possess no more than 
75 bu (26.4 hL) of in-shell scallops outside of the Access Areas. 
Finally, the fifth revision, at Sec.  648.60(g)(2), clarifies that IFQ 
LAGC vessels may fish with trawl gear in the MAAA.

Classification

    Pursuant to section 304(b)(1)(A) of the MSA, the NMFS Assistant 
Administrator has made a preliminary determination that this proposed 
rule is consistent with the FMP, other provisions of the MSA, and other 
applicable law. In making the final determination, NMFS will consider 
the data, views, and comments received during the public comment 
period.
    This proposed rule does not contain policies with federalism 
implications under Executive Order 13132.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    An IRFA has been prepared, as required by section 603 of the 
Regulatory Flexibility Act (RFA). The IRFA consists of Framework 27 
analyses, the draft IRFA, and the preamble to this action.

Description of the Reasons Why Action by the Agency Is Being Considered 
and Statement of the Objectives of, and Legal Basis for, This Proposed 
Rule

    This action proposes the management measures and specifications for 
the Atlantic sea scallop fishery for 2016, with 2017 default measures. 
A description of the action, why it is being considered, and the legal 
basis for this action are contained in Framework 27 and the preamble of 
this proposed rule and are not repeated here.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements of the Proposed Rule

    This action contains no new collection-of-information, reporting, 
or recordkeeping requirements.

Federal Rules Which May Duplicate, Overlap or Conflict With This 
Proposed Rule

    The proposed regulations do not create overlapping regulations with 
any state regulations or other federal laws.

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

    The proposed regulations would affect all vessels with LA and LAGC 
scallop permits. The Framework 27 decision draft provides extensive 
information on the number and size of vessels and small businesses that 
would be affected by the proposed regulations, by port and state (see 
ADDRESSES). There were 313 vessels that obtained full-time LA permits 
in 2014, 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 220 LAGC IFQ permits in 2014 and 128 of these 
vessels actively fished for scallops that year (the remaining permits 
likely leased out scallop IFQ allocations with their permits in 
Confirmation of Permit History). 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 $5.5 
million annually. Individually-permitted vessels may hold permits for 
several fisheries, harvesting species of fish that are regulated by 
several different fishery management plans,

[[Page 9155]]

even beyond those impacted by the proposed action. Furthermore, 
multiple permitted vessels and/or permits may be owned by entities with 
various personal and business affiliations. For the purposes of this 
analysis, ``ownership entities'' are defined as those entities with 
common ownership as listed on the permit application. Only permits with 
identical ownership are categorized as an ``ownership entity.'' For 
example, if five permits have the same seven persons listed as co-
owners on their permit applications, those seven persons would form one 
``ownership entity,'' that holds those five permits. If two of those 
seven owners also co-own additional vessels, that ownership arrangement 
would be considered a separate ``ownership entity'' for the purpose of 
this analysis.
    Ownership data from 2014 result in 166 distinct ownership entities 
for the LA fleet and 106 distinct ownership entities for the LAGC IFQ 
fleet. Of these, and based on the Small Business Administration (SBA) 
guidelines, 152 of the LA distinct ownership entities and 102 of the 
LAGC IFQ entities are categorized as small. The remaining 14 of the LA 
and 4 of the LAGC IFQ entities are categorized as large entities, all 
of which are shellfish businesses.

Description of Significant Alternatives to the Proposed Action Which 
Accomplish the Stated Objectives of Applicable Statutes and Which 
Minimize Any Significant Economic Impact on Small Entities

    The proposed alternative would allocate each full-time LA vessel 
34.55 open area DAS and a 51,000 lb (23,133 kg) allocation in the MAAA. 
The LAGC IFQ ACL is 4,473,180 lb (2,029 mt) and this fleet is allocated 
access area trips in the MAAA and NLSN which would be open to LAGC 
vessels only. NMFS expects that this alternative would positively 
impact profitability of small entities regulated by this action in 
2016. NMFS expects the estimated revenues and net revenue for scallop 
vessels and small business entities would be higher under all 
considered allocations alternatives, including the preferred 
alternative, than under the No Action alternative (i.e., 2016 default 
measures conservatively set through Framework 26).
    Framework 27 includes five allocation alternatives including the 
``No Action'' alternative. The preferred alternative (Alternative 3A) 
would have about 43 percent higher benefits compared to the No Action 
which would translate to higher profits. However, it would have lower 
revenue compared to other alternatives in the 2016 fishing year (Table 
4).
    Alternative 2 would set target catches using the three principles 
developed as part of the ``hybrid'' overfishing definition approved in 
Amendment 15, and not include additional closures or modifications to 
boundaries of the overall area rotation program. Each full-time LA 
vessel would be allocated 36.53 DAS for the open areas and a 51,000 lb 
(23,133 kg) allocation in the MAAA and Closed Area 2 (one access area 
per trip; split trips for the fleet).
    Under Alternative 3 each full-time vessel would be allocated 34.55 
DAS and 51,000 lb (23,133 kg) to MAAA and Closed Area 2 (one access 
area per trip; split trips for the fleet). However, a new area south of 
Closed Area 2 would be closed to fishing to protect the small scallops. 
Preferred Alternative 3A is similar to Alternative 3, except LA vessels 
would not be allocated trips in Closed Area 2. Instead, those trips 
would be shifted to MAAA with the existing Elephant Trunk Closed Area 
closed, Closed Area 1 and Closed Area 2 access areas closed, and NLSN 
open to LAGC vessels only. Similar to the other alternatives, each 
full-time LA vessel would be allocated 51,000 lb (23,133 kg) in MAAA.
    Alternative 4 would extend the boundaries of the existing Elephant 
Trunk Closed Area which was closed to fishing in 2015 to protect small 
scallops, but open area DAS and access area allocations would be 
similar to Alternative 2.
    Allocations for Alternative 5 would be similar to the allocations 
for Alternative 2; however, in addition to the MAAA and Closed Area 2, 
this alternative would also provide a limited amount of effort, for 
both the LA and the LAGC fleets, to a portion of the NLSN expected to 
have lower densities of small scallops.

             Table 4--Estimated Fleet Revenue and Revenue per Limited Access Vessel in 2015 Dollars
----------------------------------------------------------------------------------------------------------------
                                                                                    Revenue per    % Change from
                          Alternatives                            Total  revenue     FT vessel       No Action
----------------------------------------------------------------------------------------------------------------
ALT1. No Action.................................................           379.3       1,081,573  ..............
ALT2. Basic Run.................................................           555.5       1,585,671              47
ALT3. CA2 ext...................................................           540.5       1,542,766              43
ALT3A. CA2 ext..................................................           538.7       1,537,502              42
ALT4. ETA ext...................................................           557.6       1,591,545              47
ALT5. NLS Acc...................................................           557.1       1,590,136              47
----------------------------------------------------------------------------------------------------------------

    As for LAGC IFQ access area allocations, the preferred alternative 
(Option 2) would provide proportional access for LA and LAGC IFQ for 
the access areas. The number of trips would be based on the total 
proportion of catch from access areas compared to open areas (34 
percent for 2,553 trips). Thus, it would allocate about 1.5 million lb 
(680 mt) of the total LAGC allocation of 4.4 million lb (1996 mt) from 
access areas, while about 3 million lb would still be left of the LAGC 
quota to be harvested in open areas. Preferred area option (option 3) 
would allocate about 19 percent of these trips (or 300,000 lb (136 mt)) 
to the NLSN which is open to LAGC vessels only. Because of the 
proximity of the LAGC vessels which are smaller in size and homeported 
in Massachusetts to NLSN, this option will reduce fishing costs and 
have positive impacts on their profits. Therefore, preferred 
alternative for LAGC access area allocations would have highest 
economic benefits compared to both No Action allocations and other 
options that allocate a smaller percentage of access area trips to the 
LAGC fishery.

List of Subjects 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.


[[Page 9156]]


    Dated: February 17, 2016.
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 
proposed to be 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.  648.14, paragraphs (i)(2)(ii)(B)(7) and (i)(3)(v)(B) are 
revised, and paragraph (i)(3)(v)(C) is added to read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (i) * * *
    (2) * * *
    (ii) * * *
    (B) * * *
    (7) Fish in a Sea Scallop Access Area, as described in Sec.  
648.59, with more persons on board the vessel than the number specified 
in Sec.  648.51(c) or Sec.  648.51(e)(3)(i), unless otherwise 
authorized by the Regional Administrator.
* * * * *
    (3) * * *
    (v) * * *
    (B) Declare into or leave port for an area specified in Sec.  
648.59(a) through (d) after the effective date of a notification 
published in the Federal Register stating that the number of LAGC trips 
have been taken, as specified in Sec.  648.60.
    (C) Fish for, possess, or land scallops in or from any Sea Scallop 
Access Area specified at Sec.  648.59, unless declared into the Sea 
Scallop Access Area Program.
* * * * *
0
3. In Sec.  648.51, paragraph (e)(2) is revised to read as follows:


Sec.  648.51  Gear and crew restrictions.

* * * * *
    (e) * * *
    (2) The vessel may not use or have more than one dredge on board. 
However, component parts may be on board the vessel such that they do 
not conform with the definition of ``dredge or dredge gear'' in Sec.  
648.2, i.e., the metal ring bag and the mouth frame, or bail, of the 
dredge are not attached, and no more than one complete spare dredge 
could be made from these component's parts.
* * * * *
0
4. In Sec.  648.52, paragraph (f) is revised to read as follows:


Sec.  648.52  Possession and landing limits.

* * * * *
    (f) A limited access vessel or an LAGC vessel that is declared into 
the Sea Scallop Area Access Program as described in Sec.  648.60, may 
not possess more than 50 bu (17.6 hL) or 75 bu (26.4 hL), respectively, 
of in-shell scallops outside of the Access Areas described in Sec.  
648.59(a) through (e).
* * * * *
0
5. In Sec.  648.53, paragraphs (a), (b)(1), (b)(4), and (g)(1) are 
revised, and paragraph (h)(5)(iv)(D) is removed to 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 minus discards. 
The ABC/ACL, after discards are removed, 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 (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 2017 fishing 
year is subject to change through a future framework adjustment.
    (1) ABC/ACL for fishing years 2016 through 2017, excluding 
discards, shall be:
    (i) 2016: 37,852 mt.
    (ii) 2017: 37,852 mt.
    (2) Scallop incidental catch target TAC. The annual incidental 
catch target TAC for vessels with incidental catch scallop permits is 
22.7 mt.
    (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)(3). 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 2017 fishing year are 
subject to change through a future framework adjustment.
    (i) The limited access fishery sub-ACLs for fishing years 2016 and 
2017 are:
    (A) 2016: 36,884 mt.
    (B) 2017: 36,884 mt.
    (ii) The limited access fishery ACTs for fishing years 2016 and 
2017 are:
    (A) 2016: 18,290 mt.
    (B) 2017: 18,290 mt.
    (4) LAGC fleet sub-ACL. The sub-ACL for the LAGC IFQ fishery shall 
be equal to 5.5 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)(4). The LAGC IFQ 
fishery ACT shall be equal to the LAGC IFQ fishery's ACL. The ACL for 
the LAGC IFQ fishery for vessels issued only a LAGC IFQ scallop permit 
shall be equal to 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)(4). The ACL for 
the LAGC IFQ fishery for vessels issued only both a LAGC IFQ scallop 
permit and a limited access scallop permit shall be 0.5 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)(4).
    (i) The ACLs for fishing years 2016 and 2017 for LAGC IFQ vessels 
without a limited access scallop permit are:
    (A) 2016: 1,845 mt.
    (B) 2017: 1,845 mt.
    (ii) The ACLs for fishing years 2016 and 2017 for vessels issued 
both a LAGC and a limited access scallop permits are:
    (A) 2016: 184 mt.
    (B) 2017: 184 mt.
    (b) * * *
    (1) Landings per unit effort (LPUE). LPUE is an estimate of the 
average amount of scallops, in pounds, that the limited access scallop 
fleet lands per DAS fished. The estimated LPUE is the average LPUE for 
all limited access scallop vessels fishing under DAS, and shall be used 
to calculate DAS specified in paragraph (b)(4) of this section, the DAS 
reduction for the AM specified in paragraph (b)(4)(ii) of this section, 
and the observer set-aside DAS allocation specified in paragraph (g)(1) 
of this section. LPUE shall be:
    (i) 2016 fishing year: 2,316 lb/DAS (1,051 kg/DAS).
    (ii) 2017 fishing year: 2,690 lb/DAS (1,220 kg/DAS).
    (iii) [Reserved]
* * * * *
    (4) Each vessel qualifying for one of the three DAS categories 
specified in the table in this paragraph (b)(4) (full-time,

[[Page 9157]]

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                     2016         2017
------------------------------------------------------------------------
Full-Time.....................................        34.55        34.55
Part-Time.....................................        13.82        13.82
Occasional....................................         2.88         2.88
------------------------------------------------------------------------

* * * * *
    (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 379 mt in 
fishing year 2016, and 379 mt in fishing year 2017.
* * * * *
0
6. In Sec.  648.58 paragraphs (b), (c), and (e) are revised to read as 
follows:


Sec.  648.58  Rotational Closed Areas.

* * * * *
    (b) Closed Area II--(1) Closed Area II Closed Area. No vessel may 
fish for scallops in, or possess or land scallops from, the area known 
as the Closed Area II Closed Area. No vessel may possess scallops in 
the Closed Area II Closed Area. The Closed Area II Closed 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):

----------------------------------------------------------------------------------------------------------------
                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]18.45' 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]18.45' N. lat. and the U.S.-Canada Maritime Boundary, approximately 41[deg]18.45'
  N. lat. and 66[deg]24.89' 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.

    (2) Closed Area II Extension Closed Area. No vessel may fish for 
scallops in, or possess or land scallops from, the area known as the 
Closed Area II Extension Closed Area. No vessel may possess scallops in 
the Closed Area II Extension Closed Area. The Closed Area II Extension 
Closed 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):

----------------------------------------------------------------------------------------------------------------
                Point                         Latitude                 Longitude                   Note
----------------------------------------------------------------------------------------------------------------
CAIIE1..............................  40[deg]30' N.             67[deg]20' W.
CAIIE2..............................  41[deg]00' N.             67[deg]20' W.
CAIIE3..............................  41[deg]00' N.             66[deg]35.8' W.
CAIIE4..............................  41[deg]18.45' N.          (\1\)                    (\2\)
CAIIE5..............................  40[deg]30' N.             (\3\)                    (\2\)
CAIIE1..............................  40[deg]30' N.             67[deg]20' W.
----------------------------------------------------------------------------------------------------------------
\1\ The intersection of 41[deg]18.45' N. lat. and the U.S.-Canada Maritime Boundary, approximately 41[deg]18.45'
  N. lat. and 66[deg]24.89' W. long.
\2\ From Point CAIIE4 to Point CAIIE5 following the U.S.-Canada Maritime Boundary.
\3\ The intersection of 40[deg]30' N. lat. and the U.S.-Canada Maritime Boundary, approximately, 65[deg]44.34'
  W. long.

    (c) Nantucket Lightship Closed Area. No vessel may fish for 
scallops in, or possess or land scallops from, the area known as the 
Nantucket Lightship Closed Area. No vessel may possess scallops in the 
Nantucket Lightship Closed Area, unless such vessel is an IFQ LAGC 
vessel participating in, and complying with the requirements of, the 
IFQ LAGC area access program described in Sec.  648.60(g)(3), or the 
vessel is only transiting the area as provided in paragraph (e) of this 
section. The Nantucket Lightship 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
------------------------------------------------------------------------
NLAA1..........................  40[deg]50' N.        69[deg]30' W.
NLAA2..........................  40[deg]50' N.        69[deg]00' W.
NLAA3..........................  40[deg]33' N.        69[deg]00' W.
NLAA4..........................  40[deg]33' N.        68[deg]48' W.
NLAA5..........................  40[deg]20' N.        68[deg]48' W.
NLAA6..........................  40[deg]20' N.        69[deg]30' W.
NLAA1..........................  40[deg]50' N.        69[deg]30' W.
------------------------------------------------------------------------

* * * * *
    (e) Transiting. No vessel possessing scallops may enter or be in 
the area(s) specified in paragraphs (a) and (c) of this section unless 
the vessel is transiting the area and the vessel's fishing gear is 
stowed and not available for immediate use as defined in Sec.  648.2, 
or there is a compelling safety reason to be in such areas without such 
gear being stowed. A vessel may only transit the Closed Area II Closed 
Area or the Closed Area II Extension Closed Area, as described in 
paragraph (b) of this section, or the Elephant Trunk Closed Area, as 
described in paragraph (d) of this section, if there is a compelling 
safety reason for transiting the area and the vessel's fishing gear is 
stowed and

[[Page 9158]]

not available for immediate use as defined in Sec.  648.2.
* * * * *
    7. In Sec.  648.59, paragraphs (a)(1), (b)(1), (c)(1), and (d)(1) 
are revised and paragraph (a)(2)(i) is removed and reserved to read as 
follows:


Sec.  648.59  Sea Scallop Access Areas.

    (a) * * *
    (1) Beginning March 1, 2016, through February 28, 2018 (i.e., 
fishing years 2016 and 2017), a vessel issued a scallop permit may not 
fish for, possess, or land scallops in or from the area known as the 
Mid-Atlantic Access Area unless the vessel is participating in, and 
complies with the requirements of, the area access program described in 
Sec.  648.60 or the vessel is transiting pursuant to paragraph (f) of 
this section. The Mid-Atlantic Access Area is comprised of the 
following scallop access areas: The Delmarva Scallop Access Area, as 
described in paragraph (a)(2) of this section; the Elephant Trunk 
Scallop Access Area, as described in paragraph (a)(3) of this section; 
and the Hudson Canyon Scallop Access Area, as described in paragraph 
(a)(4) of this section.
    (2) * * *
    (i) [Reserved]
* * * * *
    (b) * * *
    (1) From March 1, 2016, through February 28, 2018 (i.e., fishing 
years 2016 and 2017), a vessel issued a scallop permit may not fish 
for, possess, or land scallops in or from, the area known as the Closed 
Area I Scallop Access Area, described in paragraph (b)(3) of this 
section, unless transiting in accordance with 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 (b)(5)(ii)(C) of this section.
* * * * *
    (c) * * *
    (1) From March 1, 2016, through February 28, 2018 (i.e., fishing 
years 2016 and 2017), 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 Access Area, described in paragraph (c)(3) of this section, 
unless transiting in accordance with 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.
* * * * *
    (d) * * *
    (1) From March 1, 2016, through February 28, 2018 (i.e., fishing 
years 2016 and 2017), a vessel issued a scallop permit 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 the vessel is an IFQ LAGC vessel participating in, and 
complying with the requirements of, the IFQ LAGC area access program 
described in Sec.  648.60(g)(3), or the vessel is 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.
* * * * *
    8. In Sec.  648.60, paragraphs (a)(3)(i), (a)(5)(i), (c), (e), (g) 
introductory text and (g)(3) are revised to read as follows:


Sec.  648.60  Sea scallop access area program requirements.

    (a) * * *
    (3) Sea Scallop Access Area Allocations--(i) Limited access vessel 
allocations. (A) Except as provided in paragraph (c) of this section, 
paragraphs (a)(3)(i)(B) through (D) of this section specify the total 
amount of scallops, in weight, that a limited access scallop vessel may 
harvest from Sea Scallop Access Areas during applicable seasons 
specified in Sec.  648.59. A vessel may not possess or land in excess 
of its scallop allocation assigned to specific Sea Scallop Access 
Areas, unless authorized by the Regional Administrator, as specified in 
paragraph (d) of this section, unless the vessel owner has exchanged an 
area-specific scallop allocation with another vessel owner for 
additional scallop allocation in that area, as specified in paragraph 
(a)(3)(ii) of this section. A vessel may harvest its scallop 
allocation, as specified in paragraph (a)(3)(i)(B) of this section, on 
any number of trips in a given fishing year, provided that no single 
trip exceeds the possession limits specified in paragraph (a)(5) of 
this section, unless authorized by the Regional Administrator, as 
specified in paragraphs (c) and (d) of this section,
    (B) Full-time scallop vessels. (1) In fishing year 2016, each full-
time vessel shall have a total of 51,000 lb (23,133 kg) of scallops 
that may be harvested from the Mid-Atlantic Access Area, as defined in 
Sec.  648.59(a).
    (2) For the 2017 fishing year, each full-time vessel shall have a 
total of 17,000 lb (7,711 kg) of scallops that may be harvested from 
the Mid-Atlantic Access Area, as defined in Sec.  648.59(a), starting 
on April 1, 2017.
    (C) Part-time scallop vessels. (1) For the 2016 fishing year, each 
part-time scallop vessel shall have a total of 20,400 lb (9,253 kg) of 
scallop that may be harvested from the Mid-Atlantic Access Area, as 
defined in Sec.  648.59(a).
    (2) For the 2016 fishing year, each part-time scallop vessel shall 
have a total of 10,200 lb (4,627 kg) of scallop that may be harvested 
from the Mid-Atlantic Access Area, as defined in Sec.  648.59(a), 
starting on April 1, 2017.
    (D) Occasional scallop vessels. (1) For the 2016 fishing year, each 
occasional scallop vessel shall have a total of 4,250 lb (1,928 kg) of 
scallop that may be harvested from the Mid-Atlantic Access Area, as 
defined in Sec.  648.59(a).
    (2) For the 2017 fishing year, each occasional scallop vessel shall 
have a total of 1,420 lb (644 kg) of scallop that may be harvested from 
the Mid-Atlantic Access Area, as defined in Sec.  648.59(a), starting 
on April 1, 2017.
* * * * *
    (5) Possession and landing limits--(i) Scallop possession limits. 
Unless authorized by the Regional Administrator, as specified in 
paragraph (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
--------------------------------------------------------------------------------------------------------------------------------------------------------
2016..............................  17,000 lb (57,711 kg).................  10,200 lb (4,627 kg).................  1,420 lb (644 kg).
2017..............................  17,000 lb (57,711 kg).................  10,200 lb (4,627 kg).................  1,420 lb (644 kg).
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 9159]]

* * * * *
    (c) Access area scallop allocation carryover. Unless otherwise 
specified in Sec.  648.59, a limited access scallop vessel operator may 
fish any unharvested Scallop Access Area allocation from a given 
fishing year within the first 60 days of the subsequent fishing year if 
the Access Area is open. For example, if a full-time vessel has 7,000 
lb (3,175 kg) remaining in the Mid-Atlantic Access Area at the end of 
fishing year 2016, that vessel may harvest 7,000 lb (3,175 kg) from its 
2017 fishing year scallop access area allocation during the first 60 
days that the Mid-Atlantic Access Area is open in fishing year 2017 
(March 1, 2017, through April 29, 2018). Unless otherwise specified in 
Sec.  648.59, if an Access Area is not open in the subsequent fishing 
year, then the unharvested scallop allocation would expire at the end 
of the fishing year that the scallops were allocated.
* * * * *
    (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 scallops 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 2016 and 2017 are:
    (i) 2016: The Mid-Atlantic Scallop Access Area, as specified in 
Sec.  648.59(a).
    (ii) 2017: None.
    (2) [Reserved]
* * * * *
    (g) Limited Access General Category Gear restrictions. An LAGC IFQ 
scallop vessel authorized to fish in the Access Areas specified in 
Sec.  648.59(b) 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) or in (g)(3)(iv) of this section 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 
2016 and 2017 are:

------------------------------------------------------------------------
               Access area                     2016            2017
------------------------------------------------------------------------
Mid-Atlantic Access Area................           2,068             602
Closed Area 1...........................               0               0
Closed Area 2...........................               0               0
Nantucket Lightship.....................               0               0
Nantucket Lightship North...............             485               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.
    (iv) Nantucket Lightship North Sea Scallop Access Area. (A) From 
March 1, 2016, through February 28, 2018 (i.e., fishing years 2016 and 
2017), a vessel issued an LAGC IFQ scallop permit may not fish for, 
possess, or land scallops in or from the area known as the Nantucket 
Lightship North Access Area, described in paragraph (g)(3)(iv)(B) of 
this section, unless the vessel is participating in, and complying with 
the requirements of, the area access program described in this section 
or the vessel is transiting pursuant to Sec.  648.59 (f). 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.
    (B) The Nantucket Lightship North 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
------------------------------------------------------------------------
NLNAA1.........................  40[deg]50' N.        69[deg]00' W.
NLNAA2.........................  40[deg]30' N.        69[deg]00' W.
NLNAA3.........................  40[deg]30' N.        69[deg]30' W.
NLNAA4.........................  40[deg]50' N.        69[deg]30' W.
NLNAA1.........................  40[deg]50' N.        69[deg]00' W.
------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-03624 Filed 2-23-16; 8:45 am]
BILLING CODE 3510-22-P