Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Amendment 19, 54533-54549 [2016-19465]

Download as PDF asabaliauskas on DSK3SPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Proposed Rules submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. DATES: Comments must be received in writing by September 15, 2016. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R03– OAR–2016–0210 at https:// www.regulations.gov, or via email to fernandez.cristina@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Leslie Jones Doherty, (215) 814–3409 or by email at jones.leslie@epa.gov. SUPPLEMENTARY INFORMATION: For further information, please see the information provided in the direct final action, with the same title, that is located in the ‘‘Rules and Regulations’’ section of this Federal Register publication. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be VerDate Sep<11>2014 17:23 Aug 15, 2016 Jkt 238001 severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. Dated: August 2, 2016. Shawn M. Garvin, Regional Administrator, Region III. [FR Doc. 2016–19387 Filed 8–15–16; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 160126052–6052–01] RIN 0648–BF72 Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Amendment 19 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. AGENCY: NMFS proposes to approve and implement through regulations measures included in Amendment 19 to the Atlantic Sea Scallop Fishery Management Plan, which the New England Fishery Management Council adopted and submitted to NMFS for approval. Amendment 19 would establish a specifications process outside of the current framework adjustment process to implement management measures that are typically adjusted on an annual or biennial basis and change the start of the scallop fishing year from March 1 to April 1. This amendment is intended to streamline the development and implementation of annual specifications and reduce the administrative burden. DATES: Comments must be received by September 15, 2016. ADDRESSES: The Council developed 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. Copies of the Amendment, the EA, and the Regulatory Impact Review (RIR) are available upon request from Thomas A. Nies, Executive Director, New England Fishery Management Council, 50 Water Street, Newburyport, MA 01950. You may submit comments on this document, identified by NOAA–NMFS– SUMMARY: PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 54533 2016–0028, 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-20160028, 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 Amendment 19 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 Atlantic Sea 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 has had to rely on the framework adjustment process to set scallop fishery measures, often referred to as specifications, that occur annually or biennially. Typically, these specifications include annual catch limits, days-at-sea (DAS), rotational area management, possession limits, access area trip allocations, individual fishing quota (IFQ) allocations, and allocations for vessels with Northern Gulf of Maine permits. These framework adjustments often include other management measures to the FMP and are often implemented 2 to 3 months after the March 1 start of the scallop fishing year (March 1 through February 28/29). Amendment 4 to the Scallop FMP (59 FR 2757, January 19, 1994), was a major E:\FR\FM\16AUP1.SGM 16AUP1 asabaliauskas on DSK3SPTVN1PROD with PROPOSALS 54534 Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Proposed Rules shift in scallop fishery management. It established a limited access permit and effort control program and the new permits and effort control became effective on March 1, 1994. Framework Adjustment 1 (59 FR 36720, July 19, 1994) formally adopted March 1 as the start of the scallop fishing year. There was no biological or economic rationale for originally selecting this date as the start of the fishing year: Framework 1 codified the March 1 Amendment 4 effective date as the start of the fishing year so that allocations for 1994 spanned a 12-month period in order to ensure a reduction in fishing effort the first year of the DAS effort-control program. This fishing year has remained in place since that time, even though specifications have become increasingly more complicated with the development of the scallop access area rotation program in 2004 and IFQ fishery in 2010. In the last 16 years following Framework 11, there have been 12 actions that set annual scallop specifications. Four of those actions set specifications for 2 years, which ensured that the second year’s specifications for each of those actions were implemented on March 1. Aside from these biennial frameworks, we have only been able to set specifications by March 1 on two occasions, both involving special circumstances (i.e., the proposed rule was waived for one framework action and Council took final action 2 months earlier than usual for the other action). Typically, the Council begins developing a specifications-setting framework in June. Scallop biomass estimates are provided through scallop surveys conducted by NMFS and other research institutions in the spring and summer. These estimates are not generally available for consideration until the early fall, at which point the Scallop Plan Development Team (PDT) develops and analyzes fishery allocation alternatives for Council consideration. In order to incorporate the most recent available scallop survey information into these alternatives, which has proved essential in setting appropriate access area catch levels, the Council has been taking final action in November and NMFS has typically implemented allocations in May or June. In 2013, the Council began developing specifications on an annual basis via frameworks at the request of the industry to avoid biennial specifications that resulted in the second year specifications being out of sync with what the most recent annual surveys indicate should be harvested in a given area. However, this meant that the VerDate Sep<11>2014 17:23 Aug 15, 2016 Jkt 238001 annual specifications were likely to be late every year due to availability of relevant data. To address this problem, the Council has been specifying ‘‘default’’ specifications for the year after annual specifications are set to fill the gap between the end of the fishing year and the setting of new specifications for the next fishing year. Implementing these ‘‘default’’ specifications every year is an administrative burden to NMFS staff and can result in complex inseason changes in fishery specifications. In addition, default specifications lead to confusion and uncertainty for the fleet, as well as potentially negative impacts on the resource and fishery if effort shifts into areas or seasons that are less desirable as a result of delayed measures. The Council initiated Amendment 19 to develop an alternative to the framework adjustment process to implement specifications closer to the start of the scallop fishing year. To address these timing issues while still supporting the current timeline for integrating the best available science into the management process, Amendment 19 proposes to: • Establish a more timely and less complicated specification process that is limited in the types of measures that can be implemented and is not bound by the procedural requirements of the amendment and framework processes; and • Adjust the scallop fishing year to April 1 through March 31. These proposed measures are further described below. Proposed Measures Establish a New Specification Process Establishing a separate process for implementing specifications in the Scallop FMP instead of a framework process would help ensure that such specifications go into place on or about the start of the scallop fishing year, in part because the Council would not be required to discuss measures over the course of two Council meetings, as is required under a framework. In addition, by limiting the specifications process to implementing only certain types of measures, other types of management measures that typically get added to specifications frameworks would not be included, thereby simplifying the development and rulemaking for specifications. The Scallop PDT would meet at least every two years to assess the status of the scallop resource and to develop and recommend specifications for up to 2 years, as well as second or third-year PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 default measures, for the Atlantic Sea Scallop Oversight Committee and the Council to consider. The types of measures that could be implemented through the specifications process are limited to the following: Overfishing limit (OFL); overall annual biological catch (ABC)/annual catch limit (ACL); sub-ACLs; sub-annual catch targets (ACTs); DAS open area allocations; possession limits; modifications to rotational area management (e.g., schedule, rotational closures and openings, seasonal restrictions, modifications to boundaries, etc.); access area limited access poundage allocations and Limited Access General Category (LAGC) Individual Fishing Quota (IFQ) fleet-wide trip allocations; annual incidental catch target total allowable catch (TAC); and Northern Gulf of Maine (NGOM) TAC. The Council would review these recommendations and, after considering public comments, recommend appropriate specifications for 1 or 2 years, as well as second or third-year default measures, to NMFS. NMFS would approve, disapprove, or partially approve the specifications recommended by the Council and publish the approved specifications in the Federal Register. In addition, the PDT would update the Stock Assessment and Fishery Evaluation Report at least every 2 years that provides the information and analysis needed to evaluate potential management adjustments. The PDT would meet at least once during the interim years to review the status of the stock relative to the overfishing definition if information is available to do so. If the Council determines that the approved specifications should be adjusted during the 2-year time period, it can do so through the specifications process. The Council could set scallop allocations through a specifications action in conjunction with a framework to develop more robust management measures, but the more complicated an action is and the more management measures under consideration generally means the action will take longer to complete, be approved, and be effective. Changing the Start of the Fishing Year to April 1 Although developing a specifications action would save some time in the development of allocations, it would not guarantee allocations would be in place by March 1 of each year because of the timing of data becoming available that are necessary to set the specifications. It is more likely that allocations could be implemented on April 1, a month after E:\FR\FM\16AUP1.SGM 16AUP1 asabaliauskas on DSK3SPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Proposed Rules the current start of the fishing year. Therefore, the Council is also recommending that the fishing year be changed to April 1 through March 31. Pushing the fishing year back 1 month would increase the likelihood that NMFS would be able to implement simple specifications actions at the start of the scallop fishing year on a more consistent basis and not need to implement default measures at all. To give the industry time to account for this change in its business planning, the Council recommends and NMFS proposes that this measure not be effective until fishing year 2018. Because the current fishing year began on March 1, 2016, fishing year 2016 would be unaffected by this change. Fishing year 2017 would need to be 13 months long, running from March 1, 2017, through March 31, 2018. The Council intends to prorate allocations appropriately for 2017 to account for this additional month. On April 1, 2018, the scallop fishing year would officially change for fishing year 2018 and beyond. Amendment 19 would also adjust the scallop permit year so that it continues to match the official fishing year (i.e., scallop permits would need to be renewed by April 1 of each year). This change would also be effective beginning in fishing year 2018. In addition, NMFS and Council staff discussed other, non-regulatory streamlining initiatives that will result in time-savings in implementing final allocations. These include preparing a decision draft of an EA immediately following the Council’s final action on a framework and publishing a proposed rule prior to NMFS’ formal review of the EA. These measures will assist in implementing simple, non-controversial specifications actions on a quicker timeline than typical frameworks. The Council adopted Amendment 19 on December 3, 2015, and submitted it to NMFS on July 14, 2016, for review and approval. The Council has reviewed the Amendment 19 proposed rule regulations as drafted by NMFS and deemed them to be necessary and appropriate as specified in section 303(c) of the MSA. A Notice of Availability (NOA) for Amendment 19 was published in the Federal Register on July 20, 2016 (81 FR 47152). The comment period on Amendment 19 NOA ends on September 19, 2016. Comments submitted on the NOA and/ or this proposed rule prior to September 19, 2016, will be considered in NMFS’s decision to approve, partially approve, or disapprove Amendment 19. NMFS VerDate Sep<11>2014 17:23 Aug 15, 2016 Jkt 238001 will consider comments received by the end of the comment period for this proposed rule September 15, 2016 in its decision regarding measures to be implemented. Under the MagnusonStevens Fishery Conservation and Management Act (Magnuson-Stevens Act), NMFS is required to publish proposed rules for comment after preliminarily determining whether they are consistent with applicable law. The Magnuson-Stevens Act permits NMFS to approve, partially approve, or disapprove measures proposed by the Council based only on whether the measures are consistent with the fishery management plan, plan amendment, the Magnuson-Stevens Act and its National Standards, and other applicable law. Regulatory Adjustments and Corrections Under Regional Administrator Authority NMFS removed the annual specifications from the regulatory text and reorganized the layout of the regulations to help streamline the approval of future specifications actions. As a result, this proposed rule includes revisions to the regulatory text that would reorganize and condense references to annual scallop allocations and possession limits. These adjustments do not make any substantive changes to the implications of the current regulations and would allow future specifications-setting actions to be implemented sooner by avoiding the need to make extensive regulatory changes for each specifications-setting action. In addition to saving time during rulemaking, this adjustment also avoids the need to develop follow-up correcting amendments when NMFS inadvertently and incorrectly updates regulations. NMFS proposes these changes consistent with section 305(d) of the Magnuson-Stevens Act, 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 Magnuson-Stevens Act. To accommodate the specifications process and simplify the scallop regulations NMFS proposes the following changes to regulatory text: Revising the definitions in section 648.2 to remove the unnecessary distinction between Rotational Closed Areas and Scallop Access Areas; consolidating all of the allocations into a single table in section 648.53; condensing the explanations of OFL, ABC, and ACL into section 648.53 which creates a single section dedicated to all of the catch limits (the current regulations PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 54535 have this information repeated again at § 648.55 which we removed); removing sections 648.57 and 648.58 and integrating them into sections 648.59 and 648.60 to describe the scallop access area program and remove the unnecessary distinction between Rotational Closed Areas and Scallop Access Areas; and moving access area program requirements currently in § 648.60 to § 648.59 to provide a dedicated section to access area program requirements (§ 648.59) and a dedicated section to listing all of the scallop access areas (§ 648.60). Under this same section 305(d) authority, this action also proposes the following revisions to the regulatory text, unrelated to the addition of a specifications process, to address text that is unnecessary, outdated, unclear, or NMFS could otherwise improve: Revising §§ 648.14(i)(2)(vi)(B) and 648.14(i)(3)(v)(E) to clarify in the prohibitions a requirement currently in § 648.58(e) that vessels cannot transit the Closed Area II Rotational Area, the Closed Area II Extension Rotational Area, or the Elephant Trunk Closed Area unless there is a compelling safety reason for transiting the area; adding back in text, at § 648.53(c), regarding limited access accountability measures that was unintentionally removed during Framework Adjustment 27 to the Scallop FMP (81 FR 26727, May 4, 2016); updating a reference in section § 648.54 regarding the state waters exemption program that was unintentionally overlooked in Framework Adjustment 26 to the Scallop FMP (80 FR 22119, April 21, 2015); revising § 648.56(f) to reflect a change that scallop research set-aside (RSA) can be harvested to accommodate the proposed change in fishing year (changing from May 31 to June 30 of the fishing year subsequent to the fishing year in which the set-aside is awarded); revising § 648.62(c) to clarify that NGOM vessels must declare either a Federal NGOM trip or a state-waters NGOM trip on their VMS units when declaring a scallop trip. Finally, due to the extensive regulatory changes in this action we are updating references throughout the scallop regulations that will change based on the proposed regulatory adjustments. We have included a summary of all of the proposed regulatory changes in this proposed rule in Table 1. E:\FR\FM\16AUP1.SGM 16AUP1 54536 Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Proposed Rules TABLE 1—SUMMARY OF PROPOSED REGULATORY CHANGES TO 50 CFR PART 648 Section Current title Proposed title Type of changes Summary of changes 648.2 ................. Definitions .................... Same ........................... Amendment 19 & Regulatory Streamlining. 648.10 ............... VMS and DAS requirements for vessel owners/operators. Prohibitions .................. Same ........................... Regulatory Streamlining. Same ........................... Regulatory Streamlining & Corrections. Changes address the new scallop fishing year and remove the unnecessary distinction between Rotational Closed Areas and Scallop Access Areas. Changes update references that will change based on proposed regulatory adjustments to other sections. Changes update references that will change based on proposed regulatory adjustments to other sections. Clarification that vessels cannot transit the Closed Area II Rotational Area, the Closed Area II Extension Rotational Area, or the Elephant Trunk Closed Area. Changes update references that will change based on proposed regulatory adjustments to other sections. Changes update references that will change based on proposed regulatory adjustments to other sections. Changes address Amendment 19 specifications process, condense allocations into a single table, and condense the explanations of OFL, ABC, and ACL into a single section. The current regulations have this information repeated again at § 648.55. Also, we add back in text, at § 648.53(c), regarding limited access accountability measures that was unintentionally removed during scallop Framework Adjustment 27. The change to this section updates an old reference that should have occurred during scallop Framework Adjustment 26 rulemaking but was inadvertently overlooked. Changes to this section address Amendment 19 changes, but also fine-tune previous regulations and remove repetitive regulations that are now consolidated into § 648.53, specifically the explanation of OFL, ABC, and ACL. Changes update references that will change based on other proposed regulatory adjustments and support the Amendment 19 alternative to change the fishing year to April 1. Changes would push back the 90-day RSA carryover timeframe by a month (from May 31 to June 30) to accommodate the change in fishing year. Changes remove unnecessary distinction between rotational closed areas and scallop access areas, clarifying that rotational areas can be open or closed as determined through the specifications or framework process. Consolidates the regulations formerly in this section into § 648.59. Changes remove unnecessary distinction between rotational closed areas and scallop access areas clarifying that rotational areas can be open or closed, as determined through the specifications or framework process. Consolidating the regulations formerly in this section into §§ 648.59 and 648.60. There are no substantial changes to current regulatory text in this section; portions of this section are reorganized to incorporate regulations formerly in §§ 648.57 and 648.58. Also, the access area program requirements were moved to this section from § 648.60 for clarity. 648.14 ............... Gear and crew restrictions. Same ........................... Regulatory Streamlining. 648.52 ............... Possession and landing limits. Same ........................... Regulatory Streamlining. 648.53 ............... Acceptable biological catch, annual catch limits, annual catch targets, DAS allocations, and individual fishing quotas. Overfishing limit, acceptable biological catch, annual catch limits, annual catch targets, DAS allocations, and individual fishing quotas. Amendment 19, Regulatory Streamlining, & Corrections. 648.54 ............... State waters exemption Same ........................... Corrections .................. 648.55 ............... Framework adjustments to management measures. Specifications and framework adjustments to management measures. Amendment 19 & Regulatory Streamlining. 648.56 ............... Scallop research .......... Same ........................... Amendment 19 & Regulatory Streamlining. 648.57 ............... Sea scallop area rotation program. Reserved ..................... Amendment 19 & Regulatory Streamlining. 648.58 ............... asabaliauskas on DSK3SPTVN1PROD with PROPOSALS 648.51 ............... Rotational Closed Areas. Reserved ..................... Amendment 19 & Regulatory Streamlining. 648.59 ............... Sea Scallop Access Areas. Sea scallop rotational area management program and access area program requirements. Amendment 19 & Regulatory Streamlining. VerDate Sep<11>2014 17:23 Aug 15, 2016 Jkt 238001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\16AUP1.SGM 16AUP1 Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Proposed Rules 54537 TABLE 1—SUMMARY OF PROPOSED REGULATORY CHANGES TO 50 CFR PART 648—Continued Section Current title Proposed title Type of changes Summary of changes There are no substantial changes to current regulatory text in this section; portions of this section are reorganized to incorporate regulations formerly in § 648.58. Also, the access area program requirements were moved from this section to § 648.59 for clarity. Changes to this section support the specifications process and update references that will change based on other proposed regulatory adjustments. Also, changes clarify that NGOM vessels must declare either a Federal NGOM trip or a state-waters NGOM trip. Changes update references that will change based on proposed regulatory adjustments to other sections. Changes to this section are proposed to support the Amendment 19 alternative to change the fishing year to April 1. Changes to this section are proposed to support the Amendment 19 alternative to change the fishing year to April 1. 648.60 ............... Sea scallop access area program requirements. Sea scallop rotational areas. Amendment 19 & Regulatory Streamlining. 648.62 ............... Northern Gulf of Maine (NGOM) Management Program. Same ........................... Amendment 19, Regulatory Streamlining, & Corrections. 648.63 ............... General category Sectors and harvesting cooperatives. Yellowtail flounder subACLs and AMs for the scallop fishery. Windowpane flounder sub-ACL and AM for the scallop fishery. Same ........................... Regulatory Streamlining. Same ........................... Amendment 19 ............ Same ........................... Amendment 19 ............ 648.64 ............... asabaliauskas on DSK3SPTVN1PROD with PROPOSALS 648.65 ............... Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, 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 or ‘‘takings’’ implications as those terms are defined in E.O. 13132 and E.O. 12630, respectively. This proposed rule has been determined to be not significant for purposes of Executive Order 12866. The Chief Council for Regulation of the Department of Commerce certified to the Chief Council for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. On December 29, 2015, NMFS issued a final rule establishing a small business size standard of $11 million in annual gross receipts for all businesses primarily engaged in the commercial fishing industry (NAICS 11411) for Regulatory Flexibility Act (RFA) compliance purposes only (80 FR 81194, December 29, 2015). The $11 million standard became effective on July 1, 2016, and is to be used in place of the U.S. Small Business Administration’s (SBA) current standards of $20.5 million, $5.5 million, and $7.5 million for the finfish (NAICS 114111), shellfish (NAICS 114112), and other marine fishing (NAICS 114119) VerDate Sep<11>2014 17:23 Aug 15, 2016 Jkt 238001 sectors of the U.S. commercial fishing industry in all NMFS rules subject to the RFA after July 1, 2016. Id at 81194. The Council conducted an evaluation of the potential impacts of the proposed measures in conjunction with this EA. There were 313 vessels that obtained full-time limited access permits in 2015, including 250 dredge, 52 small-dredge, and 11 scallop trawl permits. In the same year, there were also 34 part-time limited access permits in the sea scallop fishery. No vessels were issued occasional scallop permits. NMFS issued 220 limited access general category (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). Individually-permitted vessels may hold permits for several fisheries, harvesting species of fish that are regulated by several different fishery management plans, even beyond those affected 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, PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 that ownership arrangement would be considered a separate ‘‘ownership entity’’ for the purpose of this analysis. On June 1 of each year, ownership entities are identified based on a list of all permits for the most recent complete calendar year. The current ownership dataset is based on the calendar year 2014 permits and contains average gross sales associated with those permits for calendar years 2012 through 2014. When adjusted for calendar year, there were 166 distinct ownership entities for the limited access fleet and 106 distinct ownership entities for the LAGC IFQ fleet in 2014. All of the entities directly regulated by this regulatory action are shellfish commercial fishing businesses. Under the NMFS size standards, 159 of the limited access distinct ownership entities and 104 of the LAGC IFQ entities were categorized as small. The remaining 7 of the limited access and 2 of the LAGC IFQ entities were categorized as large entities. Amendment 19 proposes to establish a specification process so that allocations would not be tied only to actions that tend to have longer development and implementation timelines (i.e., frameworks or amendments) and change the start of the fishing year from March 1 to April 1. Developing a specifications process would eliminate the need for a framework adjustment to set annual allocations for the scallop fishery. This will reduce the delays in implementation and make it possible to integrate the updated survey data into allocation estimates. Similarly, changing the start of the fishing year from March 1 to April l would reduce the time lag E:\FR\FM\16AUP1.SGM 16AUP1 asabaliauskas on DSK3SPTVN1PROD with PROPOSALS 54538 Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Proposed Rules between the fishing year and the time when the survey data become available. This would improve accuracy of catch limits for the access areas, and align the implementation time better with the fishing year, thus reducing the uncertainties for the small businesses in the scallop fishery in making their business plans for the fishing year. Adjusting the fishing year back 1 month will, however, require a change in the business plans of the scallop fishermen. Currently, the fishing year begins on March 1, at a time when meatweight of scallops begins to increase and a higher yield per unit effort could be obtained from scallop fishing. If the landings are postponed to the following March (i.e., the last month of the fishing year, under this alternative) because of the change in the start of the fishing year to April 1, and if the resource and market conditions turn out to be less favorable than they were expected a year ago—for example, because of a decline scallop prices or a decline catch per-unit effort— the scallop fishermen will incur a loss from not using them in earlier months. This loss is not expected to be high, however, taking into consideration that some of the effort normally occurred in March could be shifted to other months when meat weights are even higher. For example, starting the fishing year in April could lead to increased effort in this month if fishermen would want to postpone a smaller proportion of their allocations to the following March due to uncertainties. However, an increase in scallop landings in April (compared to the earlier years when the start of the fishing year was in March) could also have some beneficial impacts compared to No Action because meat weights are larger in April compared to March. Although the average price of scallops could decline somewhat with increased landings in April, the higher prices associated with larger size scallops are expected to outweigh negative impacts on average prices and revenues. In addition, present regulations allow a vessel to carry over 10 days-at-sea to the next fishing year, and this provision could be used if it turns out that the market conditions are not optimal or if there are vessel breakdowns in the following year in March. Other factors, such as constraints on labor due to some crew members working on multiple boats with the reduced landings, especially in the last couple of years, also help spread the effort throughout the fishing year. In summary, starting the fishing year a month later will require some change in business planning and will create some risks due to reduced predictability VerDate Sep<11>2014 17:23 Aug 15, 2016 Jkt 238001 of the resource and market conditions in March, a month when yields start improving. Negative impacts associated with this change are expected to be minimal and also are expected to decline over time as the vessel-owners gain experience with the new fishing year and learn to adjust their business plans more efficiently to the new conditions. The proposed measures are expected to result in positive economic impacts on regulated entities by improving scallop yield over the longterm, increase revenues, and reduce the business costs associated with constantly changing regulations outweighing any negative impacts associated with the change in fishing year. Because this rulemaking will not have a significant economic impact on a substantial number of small entities, an initial regulatory flexibility analysis is not required and none has been prepared. There are no new reporting or recordkeeping requirements contained in any of the alternatives considered for this action. List of Subjects in 50 CFR Part 648 Fisheries, Fishing, Recordkeeping and reporting requirements. Dated: August 10, 2016. Paul Doremus, Deputy Assistant Administrator for Operations, 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 1. The authority citation for part 648 continues to read as follows: ■ Authority: 16 U.S.C. 1801 et seq. 2. Amend § 648.2 by: a. Revising the definitions of ‘‘Fishing year’’, ‘‘Open areas’’, and ‘‘Permit year’’; ■ b. Removing the definitions for ‘‘‘‘Rotational Closed Area’’ and ‘‘Sea Scallop Access Area’’; and ■ c. Adding definitions for ‘‘Sea Scallop Access Area, Scallop Access Area, or Access Area’’ and ‘‘Sea Scallop Rotational Area, Scallop Rotational Area, or Rotational Area’’ in alphabetical order. The revisions and additions read as follows: ■ ■ § 648.2 Definitions. * * * * * Fishing year means: (1) For the Atlantic deep-sea red crab fishery, from March 1 through the last day of February of the following year. PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 (2) Beginning in 2018, for the Atlantic sea scallop fishery, from April 1 through March 31 of the following year (for 2017, the Atlantic sea scallop fishing year will be from March 1, 2017, through March 31, 2018). (3) For the NE multispecies, monkfish and skate fisheries, from May 1 through April 30 of the following year. (4) For the tilefish fishery, from November 1 through October 31 of the following year. (5) For all other fisheries in this part, from January 1 through December 31. * * * * * Open areas, with respect to the Atlantic sea scallop fishery, means any area that is not subject to restrictions of the Sea Scallop Rotational Areas specified in §§ 648.59 and 648.60, EFH Closed Areas specified in § 648.61, or the Northern Gulf of Maine Management Area specified in § 648.62. * * * * * Permit year means: (1) For the Atlantic deep-sea red crab fishery, from March 1 through the last day of February of the following year; (2) Beginning in 2018, for the Atlantic sea scallop fishery, from April 1 through the last day of March of the following year (for 2017, the Atlantic sea scallop permit year will be from March 1, 2017, through March 31, 2018); (3) For all other fisheries in this part, from May 1 through April 30 of the following year. * * * * * Sea Scallop Access Area, Scallop Access Area, or Access Area, with respect to the Atlantic sea scallop fishery, means an area that has been designated under the Atlantic Sea Scallop Fishery Management Plan as a sea scallop rotational area that is open to the scallop fishery in a given fishing year. * * * * * Sea Scallop Rotational Area, Scallop Rotational Area, or Rotational Area, with respect to the Atlantic sea scallop fishery, means an area that has been designated under the Atlantic Sea Scallop Fishery Management Plan as part of the Sea Scallop Rotational Management Program. A rotational area may be closed or open to the scallop fishery in a given fishing year. A rotational area open to the scallop fishery is termed a Sea Scallop Access Area and has area-specific management measures that are designed to control fishing effort and mortality on only the portion of the scallop resource within the area. Such measures are not applicable in Open Areas defined above. * * * * * E:\FR\FM\16AUP1.SGM 16AUP1 Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Proposed Rules 3. In § 648.10, paragraph (b)(2), the first sentence to the introductory text of paragraph (f)(4)(i), the introductory text to paragraph (h), and paragraph (h)(8)(ii) are revised to read as follows: ■ § 648.10 VMS and DAS requirements for vessel owners/operators. asabaliauskas on DSK3SPTVN1PROD with PROPOSALS * * * * * (b) * * * (2) A scallop vessel issued an Occasional limited access permit when fishing under the Sea Scallop Area Access Program specified under § 648.59; * * * * * (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 § 648.59(b)(9), and trips accompanied by a NMFSapproved observer. * * * * * * * * (h) Call-in notification. The owner of a vessel issued a limited access monkfish permit who is participating in a DAS program and who is not required to provide notification using a VMS, and a scallop vessel qualifying for a DAS allocation under the occasional category that has not elected to fish under the VMS notification requirements of paragraph (e) of this section and is not participating in the Sea Scallop Area Access program as specified in § 648.59, and any vessel that may be required by the Regional Administrator to use the call-in program under paragraph (i) of this section, are subject to the following requirements: * * * * * (8) * * * (ii) A vessel issued a limited access scallop and LAGC IFQ scallop permit that possesses or lands more than 600 lb (272.2 kg) of scallops, unless otherwise specified in § 648.59(d)(2); * * * * * ■ 4. Amend § 648.14 by: ■ a. Revising paragraphs (i)(1)(vi), (i)(2)(ii)(B)(7), (i)(2)(iii)(B), (i)(2)(iii)(C), (i)(2)(iv)(B), the introductory text to (i)(2)(vi), and paragraph (i)(2)(vi)(A); ■ b. Add paragraph (i)(2)(vi)(B); and ■ c. Revise paragraphs (i)(2)(vi)(D), (i)(3)(iv)(A), (i)(3)(v), and (i)(4)(i)(A). The revisions and additions read as follows: § 648.14 * * Prohibitions. * VerDate Sep<11>2014 * * 17:23 Aug 15, 2016 Jkt 238001 (i) * * * (1) * * * (vi) Closed area requirements—(A) EFH Closed Areas. (1) Fish for scallops in, or possess or land scallops from, the EFH Closed Areas specified in § 648.61. (2) Transit or enter the EFH Closure Areas specified in § 648.61, except as provided by § 648.61(b). (B) Scallop Rotational Areas. (1) Fish for scallops in, or possess or land scallops from, the Scallop Rotational Areas closed to the scallop fishery through the specifications or framework adjustment processes specified in § 648.55. (2) Transit or enter the Scallop Rotational Areas, except as provided by § 648.59(a) or (b). * * * * * (2) * * * (ii) * * * (B) * * * (7) Fish in a Sea Scallop Access Area, as described in § 648.60, with more persons on board the vessel than the number specified in § 648.51(c) or § 648.51(e)(3)(i), unless otherwise authorized by the Regional Administrator. * * * * * (iii) * * * (B) Fish for, possess, or land more than 50 bu (17.62 hL) of in-shell scallops once inside the VMS Demarcation Line on or by a vessel that, at any time during the trip, fished in or transited any area south of 42°20′ N. lat; or fished in any Sea Scallop Area Access Program specified in § 648.59, except as provided in the state waters exemption, as specified in § 648.54. (C) Fish for, possess, or land per trip, at any time, scallops in excess of any sea scallop possession and landing limit set by the Regional Administrator in accordance with § 648.59(b)(3) when properly declared into the Sea Scallop Area Access Program as described in § 648.59. * * * * * (iv) * * * (B) Combine, transfer, or consolidate DAS allocations, except as allowed for one-for-one Access Area trip exchanges as specified in § 648.59(b)(3)(ii). * * * * * (vi) Scallop rotational area management program and scallop access area program requirements. (A) Fail to comply with any of the provisions and specifications of § 648.59. (B) Transit the Closed Area II Rotational Area or the Closed Area II Extension Rotational Area, as defined § 648.60(d) and (e), respectively, or the Elephant Trunk Closed Area, as defined PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 54539 in § 648.60(b), unless there is a compelling safety reason for transiting the area and the vessel’s fishing gear is stowed and not available for immediate use as defined in § 648.2. * * * * * (D) Possess more than 50 bu (17.6 hL) of in-shell scallops outside the boundaries of a Sea Scallop Access Area by a vessel that is declared into the Area Access Program as specified in § 648.59. * * * * * (3) * * * (iv) * * * (A) Fail to comply with any of the VMS requirements specified in §§ 648.10, 648.59, or 648.62. * * * * * (v) Scallop rotational area management program and scallop access area program requirements. (A) Fail to comply with any of the requirements specified in § 648.59. (B) Declare into or leave port for an area specified in § 648.60 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 § 648.59. (C) Fish for or land per trip, or possess in excess of 40 lb (18.1 kg) of shucked scallops at any time in or from any Sea Scallop Access Area specified at § 648.60, unless declared into the Sea Scallop Access Area Program. (D) Fish for, possess, or land scallops in or from any Sea Scallop Access Area without an observer on board, unless the vessel owner, operator, or manager has received a waiver to carry an observer for the specified trip and area fished. (E) Transit the Closed Area II Rotational Area or the Closed Area II Extension Rotational Area, as defined § 648.60(d) and (e), respectively, or the Elephant Trunk Closed Area, as defined in § 648.60(b), unless there is a compelling safety reason for transiting the area and the vessel’s fishing gear is stowed and not available for immediate use as defined in § 648.2. * * * * * (4) * * * (i) * * * (A) Fish for or land per trip, or possess at any time, in excess of 600 lb (272.2 kg) of shucked, or 75 bu (26.4 hL) of in-shell scallops per trip, or 100 bu (35.2 hL) in-shell scallops seaward of the VMS Demarcation Line, unless the vessel is carrying an observer as specified in § 648.11 and an increase in the possession limit is authorized by the Regional Administrator and not exceeded by the vessel, as specified in §§ 648.52(g) and 648.59(d). * * * * * E:\FR\FM\16AUP1.SGM 16AUP1 54540 Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Proposed Rules 5. In § 648.51, paragraphs (b)(1), (b)(3)(i), the introductory text to paragraph (c), and paragraph (f)(1) are revised to read as follows: 6. In § 648.52, paragraphs (d), (f), and (g) are revised to read as follows: ■ § 648.51 § 648.52 * * * * (b) * * * (1) Maximum dredge width. The combined dredge width in use by or in possession on board such vessels shall not exceed 31 ft (9.4 m), measured at the widest point in the bail of the dredge, except as provided under paragraph (e) of this section, in § 648.59(g)(2), and the scallop dredge exemption areas specified in § 648.80. However, component parts may be on board the vessel such that they do not conform with the definition of ‘‘dredge or dredge gear’’ in § 648.2, i.e., the metal ring bag and the mouth frame, or bail, of the dredge are not attached, and such that no more than one complete spare dredge could be made from these component’s parts. * * * * * (3) * * * (i) Unless otherwise required under the Sea Scallop Area Access program specified in § 648.59(b)(6), the ring size used in a scallop dredge possessed or used by scallop vessels shall not be smaller than 4 inches (10.2 cm). * * * * * (c) Crew restrictions. A limited access vessel participating in or subject to the scallop DAS allocation program may have no more than seven people aboard, including the operator, and a limited access vessel participating in the Sea Scallop Area Access Program as specified in § 648.59 may have no more than eight people aboard, including the operator, when not docked or moored in port, except as follows: * * * * * (f) * * * (1) A vessel issued a limited access scallop permit fishing for scallops under the scallop DAS allocation program may not fish with, possess on board, or land scallops while in possession of a trawl net, unless such vessel has been issued a limited access trawl vessel permit that endorses the vessel to fish for scallops with a trawl net. A limited access scallop vessel issued a trawl vessel permit that endorses the vessel to fish for scallops with a trawl net and general category scallop vessels enrolled in the Area Access Program as specified in § 648.59, may not fish for scallops with a trawl net in the Closed Area 1, Closed Area II, Closed Area II Extension, and Nantucket Lightship Rotational Areas specified in § 648.60. * * * * * VerDate Sep<11>2014 17:23 Aug 15, 2016 Jkt 238001 Possession and landing limits. * Gear and crew restrictions. * asabaliauskas on DSK3SPTVN1PROD with PROPOSALS ■ * * * * (d) Owners or operators of vessels with a limited access scallop permit that have properly declared into the Sea Scallop Area Access Program as described in § 648.59 are prohibited from fishing for or landing per trip, or possessing at any time, scallops in excess of any sea scallop possession and landing limit set by the Regional Administrator in accordance with § 648.59(b)(5). * * * * * (f) A limited access vessel or an LAGC vessel that is declared into the Sea Scallop Area Access Program as described in § 648.59, 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 § 648.60. (g) Possession limit to defray the cost of observers for LAGC IFQ vessels. An LAGC IFQ vessel with an observer on board may retain, per observed trip, up to 1 day’s allowance of the possession limit allocated to limited access vessels, as established by the Regional Administrator in accordance with § 648.59(d), provided the observer setaside specified in § 648.59(d)(1) has not been fully utilized. For example, if the limited access vessel daily possession limit to defray the cost of an observer is 180 lb (82 kg), the LAGC IFQ possession limit to defray the cost of an observer would be 180 lb (82 kg) per trip, regardless of trip length. ■ 7. In § 648.53, the section heading and paragraphs (a), (b), (c), (d), (e), (g)(1), the introductory text to (h)(2), paragraphs (h)(2)(i), (h)(2)(v)(B), (h)(3)(i), (h)(3)(ii)(A), (h)(5)(i), and (h)(5)(ii)(A) are revised to read as follows: § 648.53 Overfishing limit (OFL), acceptable biological catch (ABC), annual catch limits (ACL), annual catch targets (ACT), DAS allocations, and individual fishing quotas (IFQ). (a) The following determinations and allocations for the sea scallop rotational areas are defined as follows and shall be established through the specifications or framework adjustment process: (1) OFL. OFL shall be based on an updated scallop resource and fishery assessment provided by either the Scallop PDT or a formal stock assessment. OFL shall include all sources of scallop mortality and shall include an upward adjustment to account for catch of scallops in state waters by vessels not issued Federal scallop permits. The fishing mortality PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 rate (F) associated with OFL shall be the threshold F, above which overfishing is occurring in the scallop fishery. The F associated with OFL shall be used to derive specifications for ABC, ACL, and ACT, as defined in paragraph (a) of this section. (2) The specification of ABC, ACL, and ACT shall be based upon the following overfishing definition: The F shall be set so that in access areas, averaged for all years combined over the period of time that the area is closed and open to scallop fishing as an access area, it does not exceed the established F threshold for the scallop fishery; in open areas it shall not exceed the F threshold for the scallop fishery; and for access and open areas combined, it is set at a level that has a 75-percent probability of remaining below the F associated with ABC, as defined in paragraph (a)(3) of this section, taking into account all sources of fishing mortality in the limited access and LAGC fleets of the scallop fishery. (3) Overall ABC/ACL. The overall ABC for sea scallop fishery shall be the catch level that has an associated F that has a 75-percent probability of remaining below the F associated with OFL. The overall ACL shall be equal to the ABC for the scallop fishery, minus discards (an estimate of both incidental and discard mortality). The ABC/ACL, after the discards and deductions specified in paragraph (a)(4) of this section 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 defined in paragraphs (a)(5) and (6) of this section, after the deductions outlined in paragraph (a)(4) of this section. (4) Deductions from ABC/ACL. Incidental catch, as defined in paragraph (a)(7) of this section, shall be removed from ABC/ACL. One percent of ABC/ACL shall be removed from ABC/ ACL for observer set-aside. Scallop catch equal to the value specified in § 648.56(d) shall be removed from ABC/ ACL for research set-aside. These deductions for incidental catch, observer set-aside, and research setaside, shall be made prior to establishing sub-ACLs for the limited access and LAGC fleets, as specified in paragraphs (a)(5) and (6) of this section. (5) Limited access fleet sub-ACL and sub-ACT—(i) Limited access fleet subACL. After applying the deductions as specified in paragraph (a)(4) of this section, the limited access scallop fleet shall be allocated a sub-ACL equal to 94.5 percent of the ABC/ACL. (ii) Limited access fleet sub-ACT. The ACT for the limited access fishery shall E:\FR\FM\16AUP1.SGM 16AUP1 Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Proposed Rules limited access AM exception is implemented in accordance with the provision specified in paragraph (c)(1) of this section, if the limited access sub2016 2017 Catch limits (mt) (mt) * ACL defined in paragraph (a)(5) of this section is exceeded for the applicable LAGC ACL ........................ 2,029 2,029 fishing year, the DAS for each limited LAGC IFQ ......................... 1,845 1,845 access vessel shall be reduced by an Limited Access with LAGC amount equal to the amount of landings IFQ ................................ 184 184 Limited Access ACT ......... 18,290 18,290 in excess of the sub-ACL divided by the applicable LPUE for the fishing year in * The catch limits for the 2017 fishing year which the AM will apply as projected are subject to change through a future speci- by the specifications or framework fications action or framework adjustment. adjustment process specified in (b) DAS specifications and § 648.55, then divided by the number of allocations. DAS specifications and scallop vessels eligible to be issued a allocations for limited access scallop full-time limited access scallop permit. trips in open areas are defined as For example, assuming a 300,000-lb follows and shall be specified through (136-mt) overage of the limited access the specifications or framework fishery’s sub-ACL in 2011, an open area adjustment processes defined in LPUE of 2,500 lb (1.13 mt) per DAS in § 648.55, as follows: 2012, and 313 full-time vessels, each (1) DAS allocations. DAS allocations full-time vessel’s DAS for 2012 would shall be determined by distributing the be reduced by 0.38 DAS (300,000 lb portion of the limited access ACT (136 mt)/2,500 lb (1.13 mt) per DAS = defined in paragraph (a)(3) of this 120 lb (0.05 mt) per DAS/313 vessels = section, as reduced by access area 0.38 DAS per vessel). Deductions in allocations defined in § 648.59, and DAS for part-time and occasional dividing that amount among vessels in scallop vessels shall be 40 percent and the form of DAS calculated by applying 8.33 percent of the full-time DAS estimates of open area landings per unit deduction, respectively, as calculated effort (LPUE) projected through the pursuant to paragraph (b)(2) of this specifications or framework adjustment section. The AM shall take effect in the processes used to set annual allocations. fishing year following the fishing year in (2) Assignment to DAS categories—(i) which the overage occurred. For Limited access vessels shall be example, landings in excess of the categorized as full-time, part-time, or limited access fishery’s sub-ACL in occasional. Allocations for part-time fishing year 2011 would result in the and occasional scallop vessels shall be DAS reduction AM in fishing year 2012. 40 percent and 8.33 percent of the fullIf the AM takes effect, and a limited time DAS allocations, respectively. access vessel uses more open area DAS (ii) Subject to the vessel permit in the fishing year in which the AM is application requirements specified in applied, the vessel shall have the DAS § 648.4, for each fishing year, each used in excess of the allocation after vessel issued a limited access scallop applying the AM deducted from its permit shall be assigned to the DAS open area DAS allocation in the category (full-time, part-time, or subsequent fishing year. For example, a occasional) it was assigned to in the vessel initially allocated 32 DAS in 2011 preceding year, except as provided uses all 32 DAS prior to application of under the small dredge program the AM. If, after application of the AM, specified in § 648.51(e). the vessel’s DAS allocation is reduced to (3) The DAS allocations for limited 31 DAS, the vessel’s DAS in 2012 would access scallop vessels for fishing years be reduced by 1 DAS. 2016 and 2017 are as follows: (1) Limited access AM exception. If NMFS determines that the fishing mortality rate associated with the SCALLOP OPEN AREA DAS limited access fleet’s landings in a ALLOCATIONS SCALLOP FISHERY CATCH LIMITS fishing year is less than 0.34, the AM specified in paragraph (c) of this section Permit 2016 2017 2016 2017 * Catch limits category (mt) (mt) * shall not take effect. The fishing mortality rate of 0.34 is the fishing 34.55 34.55 Overfishing Limit ............... 68,418 68,418 Full-Time ........................... mortality rate that is one standard Part-Time .......................... 13.82 13.82 Acceptable Biological Occasional ........................ 2.88 2.88 deviation below the fishing mortality Catch/ACL (discards rerate for the scallop fishery ACL, moved) .......................... 37,852 37,852 * The DAS allocations for the 2017 fishing Incidental Catch ................ 23 23 year are subject to change through a future currently estimated at 0.38. (2) Limited access fleet AM and Research Set-Aside (RSA) 567 567 specifications action or framework adjustment. exception provision timing. The Observer Set-Aside .......... 379 379 (c) Accountability measures (AM) for Regional Administrator shall determine ACL for fishery .................. 36,884 36,884 Limited Access ACL ......... 34,855 34,855 limited access vessels. Unless the whether the limited access fleet be set at a level that has an associated F with a 75-percent probability of remaining below the F associated with ABC/ACL. (6) LAGC IFQ fleet sub-ACL and subACT—(i) LAGC IFQ fleet sub-ACL. After applying the deductions as specified in paragraph (a)(4) of this section, the LAGC IFQ fleet shall be allocated a subACL equal to 5.5 percent of the ABC/ ACL, so that 5 percent of ABC/ACL is allocated to the LAGC fleet of vessels that do not also have a limited access scallop permit, and 0.5 percent of the ABC/ACL is allocated to the LAGC fleet of vessels that have limited access scallop permits. This specification of sub-ACLs shall not account for catch reductions associated with the application of AMs or adjustment of the sub-ACL as a result of the limited access AM exception as specified in paragraph (c)(1) of this section. (ii) LAGC IFQ fleet sub-ACT. The LAGC IFQ fishery sub-ACT shall be equal to the LAGC IFQ fishery’s subACL. The sub-ACT for the LAGC IFQ fishery for vessels issued only a LAGC IFQ scallop permit shall be equal to 5 percent of the ABC/ACL specified in paragraph (a)(3) of this section, after applying the deductions as specified in paragraph (a)(4) of this section. The subACT for the LAGC IFQ fishery for vessels issued both a LAGC IFQ scallop permit and a limited access scallop permit shall be 0.5 percent of the ACL specified in paragraph (a)(3) of this section, after applying the deductions as specified in paragraph (a)(4) of this section. (7) Scallop incidental catch target TAC. The annual incidental catch target TAC is the catch available for harvest for vessels with incidental catch scallop permits. This incidental catch target will be removed from the ABC/ACL defined in paragraph (a)(3) of this section prior to establishing the limited access and LAGC IFQ sub-ACLs and sub-ACTs defined in paragraphs (a)(5) and (6) of this section. (8) The following catch limits will be effective for the 2016 and 2017 fishing years: asabaliauskas on DSK3SPTVN1PROD with PROPOSALS 54541 VerDate Sep<11>2014 17:23 Aug 15, 2016 Jkt 238001 SCALLOP FISHERY CATCH LIMITS— Continued PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\16AUP1.SGM 16AUP1 asabaliauskas on DSK3SPTVN1PROD with PROPOSALS 54542 Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Proposed Rules exceeded its sub-ACL defined in paragraph (a)(5) of this section by July of the fishing year following the year for which landings are being evaluated. On or about July 1, the Regional Administrator shall notify the New England Fishery Management Council of the determination of whether or not the sub-ACL for the limited access fleet was exceeded, and the amount of landings in excess of the sub-ACL. Upon this notification, the Scallop Plan Development Team (PDT) shall evaluate the overage and determine if the fishing mortality rate associated with total landings by the limited access scallop fleet is less than 0.34. On or about September 1 of each year, the Scallop PDT shall notify the Council of its determination, and the Council, on or about September 30, shall make a recommendation, based on the Scallop PDT findings, concerning whether to invoke the limited access AM exception. If NMFS concurs with the Scallop PDT’s recommendation to invoke the limited access AM exception, in accordance with the APA, the limited access AM shall not be implemented. If NMFS does not concur, in accordance with the APA, the limited access AM shall be implemented as soon as possible after September 30 each year. (d) End-of-year carry-over for open area DAS. With the exception of vessels that held a Confirmation of Permit History as described in § 648.4(a)(2)(i)(J) for the entire fishing year preceding the carry-over year, limited access vessels that have unused open area DAS on the last day of February of any year may carry over a maximum of 10 DAS, not to exceed the total open area DAS allocation by permit category, into the next year. DAS carried over into the next fishing year may only be used in open areas. Carry-over DAS are accounted for in setting the sub-ACT for the limited access fleet, as defined in paragraph (a)(5)(ii) of this section. Therefore, if carry-over DAS result or contribute to an overage of the ACL, the limited access fleet AM specified in paragraph (c) of this section would still apply, provided the AM exception specified in paragraph (c)(1) of this section is not invoked. (e) Accrual of DAS. All DAS fished shall be charged to the nearest minute. A vessel carrying an observer and authorized to be charged fewer DAS in Open Areas based on the total available DAS set aside under paragraph (g) of this section shall be charged at a reduced rate as specified in paragraph (g)(1) of this section. * * * * * (g) * * * VerDate Sep<11>2014 17:23 Aug 15, 2016 Jkt 238001 (1) To help defray the cost of carrying an observer, 1 percent of the ABC/ACL defined in paragraph (a)(3) of this section shall be set aside to be used by vessels that are assigned to take an atsea observer on a trip. This observer setaside is specified through the specifications or framework adjustment process defined in § 648.55. * * * * * (h) * * * (2) Calculation of IFQ. The ACL allocated to IFQ scallop vessels, and the ACL allocated to limited access scallop vessels issued IFQ scallop permits, as defined in paragraph (a)(4) of this section, shall be used to determine the IFQ of each vessel issued an IFQ scallop permit. Each fishing year, the Regional Administrator shall provide the owner of a vessel issued an IFQ scallop permit issued pursuant to § 648.4(a)(2)(ii) with the scallop IFQ for the vessel for the upcoming fishing year. (i) Individual fishing quota. The IFQ for an IFQ scallop vessel shall be the vessel’s contribution percentage as specified in paragraph (h)(2)(iii) of this section and determined using the steps specified in paragraph (h)(2)(ii) of this section, multiplied by the ACL allocated to the IFQ scallop fishery, or limited access vessels issued an IFQ scallop permit, as defined in paragraph (a)(4) of this section. * * * * * (v) * * * (B) For accounting purposes, the combined total of all vessels’ IFQ carryover shall be added to the LAGC IFQ fleet’s applicable sub-ACL for the carryover year. Any IFQ carried over that is landed in the carry-over fishing year shall be counted against the sub-ACL defined in paragraph (a)(6) of this section, as increased by the total carryover for all LAGC IFQ vessels, as specified in this paragraph (h)(2)(v)(B). IFQ carry-over shall not be applicable to the calculation of the IFQ cap specified in paragraph (h)(3)(i) of this section and the ownership cap specified in paragraph (h)(3)(ii) of this section. * * * * * (3) * * * (i) IFQ scallop vessel IFQ cap. (A) Unless otherwise specified in paragraphs (h)(3)(i)(B) and (C) of this section, a vessel issued an IFQ scallop permit or confirmation of permit history shall not be issued more than 2.5 percent of the sub-ACL allocated to the IFQ scallop vessels as described in paragraph (a)(6) of this section. (B) A vessel may be initially issued more than 2.5 percent of the sub-ACL allocated to the IFQ scallop vessels as described in paragraph (a)(6) of this PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 section, if the initial determination of its contribution factor specified in accordance with § 648.4(a)(2)(ii)(E) and paragraph (h)(2)(ii) of this section, results in an IFQ that exceeds 2.5 percent of the sub-ACL allocated to the IFQ scallop vessels as described in paragraph (a)(6) of this section. A vessel that is allocated an IFQ that exceeds 2.5 percent of the sub-ACL allocated to the IFQ scallop vessels as described in paragraph (a)(6) of this section, in accordance with this paragraph (h)(3)(i)(B), may not receive IFQ through an IFQ transfer, as specified in paragraph (h)(5) of this section. All scallops that have been allocated as part of the original IFQ allocation or transferred to a vessel during a given fishing year shall be counted towards the vessel cap. (C) A vessel initially issued a 2008 IFQ scallop permit or confirmation of permit history, or that was issued or renewed a limited access scallop permit or confirmation of permit history for a vessel in 2009 and thereafter, in compliance with the ownership restrictions in paragraph (h)(3)(i)(A) of this section, is eligible to renew such permit(s) and/or confirmation(s) of permit history, regardless of whether the renewal of the permit or confirmations of permit history will result in the 2.5percent IFQ cap restriction being exceeded. (ii) * * * (A) For any vessel acquired after June 1, 2008, a vessel owner is not eligible to be issued an IFQ scallop permit for the vessel, and/or a confirmation of permit history, and is not eligible to transfer IFQ to the vessel, if, as a result of the issuance of the permit and/or confirmation of permit history, or IFQ transfer, the vessel owner, or any other person who is a shareholder or partner of the vessel owner, will have an ownership interest in more than 5 percent of the sub-ACL allocated to the IFQ scallop vessels as described in paragraph (a)(6) of this section. * * * * * (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. IFQ, once temporarily transferred, cannot be E:\FR\FM\16AUP1.SGM 16AUP1 Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Proposed Rules temporarily transferred again to another vessel. IFQ can be temporarily transferred more than once (i.e., retransferred). 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. 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. 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. * * * * * ■ 8. In § 648.54, paragraph (e) is revised to read as follows: § 648.54 State waters exemption. * * * * * (e) Notification requirements. Vessels fishing under the exemptions specified in paragraph (b), (c), and/or (d) of this section must notify the Regional Administrator in accordance with the provisions of § 648.10(f). * * * * * ■ 9. Amend § 648.55 by: ■ a. Revising the section heading and paragraph (a); ■ b. Removing and reserving paragraph (b); ■ c. Revising paragraph (c); ■ d. Removing and reserving paragraph (e); ■ e. Revising the introductory text to paragraph (f) and paragraph (f)(38). The revisions read as follows: asabaliauskas on DSK3SPTVN1PROD with PROPOSALS § 648.55 Specifications and framework adjustments to management measures. (a) Specifications. (1) The Scallop Plan Development Team (PDT) shall meet at least every two years to assess the status of the scallop resource and to develop and recommend the following specifications for a period of up to 2 years, as well as second or third-year default measures, for consideration by the New England Fishery Management Council’s Atlantic Sea Scallop Oversight VerDate Sep<11>2014 17:23 Aug 15, 2016 Jkt 238001 Committee and Advisory Panel: OFL, overall ABC/ACL, sub-ACLs, sub-ACTs, DAS open area allocations, possession limits, modifications to rotational area management (e.g., schedule, rotational closures and openings, seasonal restrictions, modifications to boundaries, etc.), access area limited access poundage allocations and LAGC IFQ fleet-wide trip allocations, annual incidental catch target TAC, and NGOM TAC. (2) Based on the PDT recommendations and any public comments received, the Atlantic Sea Scallop Oversight Committee shall recommend appropriate specifications to the New England Fishery Management Council. (3) The Council shall review these recommendations and, after considering public comments, shall recommend appropriate specifications for up to 2 years, as well as second or third-year default measures, to NMFS. NMFS shall approve, disapprove, or partially approve the specifications recommended by the Council and publish the approved specifications in the Federal Register in accordance with the APA. (4) The PDT shall prepare a Stock Assessment and Fishery Evaluation (SAFE) Report at least every two years that provides the information and analysis needed to evaluate potential management adjustments. The preparation of the SAFE Report shall begin on or about June 1 of the year preceding the fishing year in which measures will be adjusted. (5) The PDT will meet at least once during the interim years to review the status of the stock relative to the overfishing definition if information is available to do so. If the Council determines, based on information provided by the PDT or other stockrelated information, that the approved specifications should be adjusted during the 2-year time period, it can do so through the same process outlined in paragraphs (a)(2) through (4) of this section during the interim year. (6) Rotational area management guidelines. The Council’s development of rotational area management adjustments shall take into account at least the following factors: General rotation policy; boundaries and distribution of rotational closures; number of closures; minimum closure size; maximum closure extent; enforceability of rotational closed and re-opened areas; monitoring through resource surveys; and re-opening criteria. Rotational closures should be considered where projected annual change in scallop biomass is greater PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 54543 than 30 percent. Areas should be considered for Sea Scallop Rotational Areas where the projected annual change in scallop biomass is less than 15 percent. (7) Second and third-year default specifications. The specifications action shall include default specifications that shall be effective in the second year after 1-year specifications and the third year after the 2-year specifications expire until replaced by the measures included in the next specifications action. If the specifications action is not published in the Federal Register with an effective date on or before April 1, the following year’s default specifications shall be effective beginning April 1 of each fishing year until any new specifications action is implemented and made effective during the second or third year, or for the entire fishing year if the specifications action is not completed or is not implemented by NMFS during the following year. The specifications action shall specify the measures necessary to address inconsistencies between specifications and default allocations for the period after April 1 but before the specifications action is implemented for that year. The default specifications, if implemented, shall remain in effect until they are revised through a subsequent specifications action. * * * * * (c) OFL, overall ABC/ACL, sub-ACLs, and sub-ACTs. The Council shall specify OFL, ABC, ACL, and ACT, as defined in § 648.53, for each year covered under the specifications. * * * * * (f) Framework adjustments. The Council may at any time initiate a framework adjustment to add or adjust management measures within the Scallop FMP if it finds that action is necessary to meet or be consistent with the goals and objectives of the FMP. The Council shall develop and analyze appropriate management actions over the span of at least two Council meetings. To address interactions between the scallop fishery and sea turtles and other protected species, such adjustments may include proactive measures including, but not limited to, the timing of Sea Scallop Access Area openings, seasonal closures, gear modifications, increased observer coverage, and additional research. The Council shall provide the public with advance notice of the availability of both the proposals and the analyses, and opportunity to comment on them prior to and at the second Council meeting. The Council’s recommendation on adjustments or additions to management E:\FR\FM\16AUP1.SGM 16AUP1 54544 Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Proposed Rules measures may include specifications measures specified in paragraph (a) of this section, which must satisfy the criteria set forth § 648.53(a) in order to prevent overfishing of the available biomass of scallops and ensure that OY is achieved on a continuing basis. Other measures that may be changed or implemented through framework action include: * * * * * (38) Adjustments to aspects of ACL management, including accountability measures; * * * * * ■ 10. In § 648.56, paragraphs (a), (d), (f), and (g) are revised to read as follows: asabaliauskas on DSK3SPTVN1PROD with PROPOSALS § 648.56 Scallop research. (a) At least biennially, in association with the biennial framework process, the Council and NMFS shall prepare and issue an announcement of Federal Funding Opportunity (FFO) that identifies research priorities for projects to be conducted by vessels using research set-aside as specified in paragraph (d) of this section and § 648.59(e), provides requirements and instructions for applying for funding of a proposed RSA project, and specifies the date by which applications must be received. The FFO shall be published as soon as possible by NMFS and shall provide the opportunity for applicants to apply for projects to be awarded for 1 or 2 years by allowing applicants to apply for RSA funding for the first year, second year, or both. * * * * * (d) Available RSA allocation shall be 1.25 million lb (567 mt) annually, which shall be deducted from the ABC/ACL specified in § 648.53(a) prior to setting ACLs for the limited access and LAGC fleets, as specified in § 648.53(a)(3) and (4), respectively. Approved RSA projects shall be allocated an amount of scallop pounds that can be harvested in open areas and available access areas. The specific access areas that are open to RSA harvest shall be specified through the framework process as identified in § 648.59(e)(1). In a year in which a framework adjustment is under review by the Council and/or NMFS, NMFS shall make RSA awards prior to approval of the framework, if practicable, based on total scallop pounds needed to fund each research project. Recipients may begin compensation fishing in open areas prior to approval of the framework, or wait until NMFS approval of the framework to begin compensation fishing within approved access areas * * * * * VerDate Sep<11>2014 17:23 Aug 15, 2016 Jkt 238001 (f) If all RSA pounds awarded to a project cannot be harvested during the applicable fishing year, RSA TAC awarded to that project may be harvested through June 30 of the fishing year subsequent to the fishing year in which the set-aside is awarded. (g) Vessels conducting research under an approved RSA project may be exempt from crew restrictions specified in § 648.51, seasonal closures of access areas specified in § 648.60, and the restriction on fishing in only one access area during a trip specified in § 648.59(b)(4). The RSA project proposal must list which of these measures for which an exemption is required. An exemption shall be provided by Letter of Authorization issued by the Regional Administrator. RSA compensation fishing trips and combined compensation and research trips are not eligible for these exemptions. * * * * * § 648.57 ■ § 648.58 ■ ■ [Removed and reserved] 11. Remove and reserve § 648.57. [Removed and reserved] 12. Remove and reserve § 648.58. 13. Revise § 648.59 to read as follows: § 648.59 Sea Scallop Rotational Area Management Program and Access Area Program requirements. (a) The Sea Scallop Rotational Area Management Program consists of Scallop Rotational Areas, as defined in § 648.2. Guidelines for this area rotation program (i.e., when to close an area and reopen it to scallop fishing) are provided in § 648.55(a)(6). Whether a rotational area is open or closed to scallop fishing in a given year, and the appropriate level of access by limited access and LAGC IFQ vessels, are specified through the specifications or framework adjustment processes defined in § 648.55. When a rotational area is open to the scallop fishery, it is called an Access Area and scallop vessels fishing in the area are subject to the Access Area Program Requirements specified in this section. Areas not defined as Scallop Rotational Areas specified in § 648.60, EFH Closed Areas specified in § 648.61, or areas closed to scallop fishing under other FMPs, are governed by other management measures and restrictions in this part and are referred to as Open Areas. (1) When a Scallop Rotational Area is closed to scallop fishing, a vessel issued any scallop permit may not fish for, possess, or land scallops in or from the area unless the vessel is transiting pursuant to paragraph (a)(2) of this section. A vessel may fish for species other than scallops within the rotational PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 closed areas, provided the vessel does not fish for, catch, or retain scallops or intend to fish for, catch, or retain scallops. When a Scallop Rotational Area is open to scallop fishing (henceforth referred to as an Access Area), a scallop vessel may not fish for, possess, or land scallops in or from the area unless it is participating in, and complies with the requirements of, the Scallop Access Area Program Requirements defined in paragraphs (b) through (g) of this section or the vessel is transiting pursuant to paragraph (a)(3) of this section. (2) Transiting a Closed Scallop Rotational Area. No vessel possessing scallops may enter or be in the area(s) specified in this section when those areas are closed, as specified through the specifications or framework adjustment processes defined in § 648.55, unless the vessel is transiting the area and the vessel’s fishing gear is stowed and not available for immediate use as defined in § 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 Scallop Rotational Area or the Closed Area II Extension Scallop Rotational Area, as defined § 648.60(d) and (e), respectively, or the Elephant Trunk Closed Area, as defined in § 648.60(b), if there is a compelling safety reason for transiting the area and the vessel’s fishing gear is stowed and not available for immediate use as defined in § 648.2. (3) Transiting a Scallop Access Area. Any sea scallop vessel that has not declared a trip into the Scallop Area Access Program may enter a Scallop Access Area, and possess scallops not caught in the Scallop Access Areas, for transiting purposes only, provided the vessel’s fishing gear is stowed and not available for immediate use as defined in § 648.2. Any scallop vessel that has declared a trip into the Scallop Area Access Program may not enter or be in another Scallop Access Area on the same trip except such vessel may transit another Scallop Access Area provided its gear is stowed and not available for immediate use as defined in § 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 Scallop Rotational Area or the Closed Area II Extension Scallop Rotational Area, as defined in § 648.60(d) and (e), respectively, or the Elephant Trunk Closed Area, as defined in § 648.60(b) if there is a compelling safety reason for transiting the area and the vessel’s fishing gear is stowed and not available for immediate use as defined in § 648.2. E:\FR\FM\16AUP1.SGM 16AUP1 54545 Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Proposed Rules (b) A limited access scallop vessel may only fish in the Scallop Rotational Areas, defined in § 648.60, when the areas are open (i.e., Access Areas), as specified through the specifications or framework adjustment processes defined in § 648.55, subject to any additional restrictions specified in § 648.60, provided the vessel complies with the requirements specified in paragraphs (b)(1) through (b)(9), and (c) through (f) of this section. An LAGC scallop vessel may fish in the Scallop Rotational Areas, defined in § 648.60, when the areas are open (i.e., Access Areas), as specified through the specifications or framework adjustment processes defined in § 648.55, subject to any additional requirements specified in § 648.60, provided the vessel complies with the requirements specified in paragraph (g) of this section. (1) VMS. Each vessel participating in the Scallop Access Area Program must have installed on board an operational 2017 * ... Regional Administrator, as specified in paragraph (d) of this section, unless the vessel owner has exchanged an areaspecific scallop allocation with another vessel owner for additional scallop allocation in that area, as specified in paragraph (b)(3)(ii) of this section. A vessel may harvest its scallop allocation on any number of trips in a given fishing year, provided that no single trip exceeds the possession limits specified in the specifications or framework adjustment processes defined in § 648.55, unless authorized by the Regional Administrator, as specified in paragraphs (c) and (d) of this section. No vessel declared into the Scallop Access Areas may possess more than 50 bu (17.62 hL) of in-shell scallops outside of the Scallop Rotational Area boundaries defined in § 648.60. (B) The following access area allocations and possession limits for limited access vessels will be effective for the 2016 and 2017 fishing years: Permit category Fishing year 2016 ..... VMS unit that meets the minimum performance criteria specified in §§ 648.9 and 648.10, and paragraphs (b)(9) and (f) of this section. (2) Vessels participating in the Scallop Access Area Program must comply with the trip declaration requirements specified in § 648.10(f) and vessel notification requirements specified in § 648.11(g) for observer deployment. (3) Scallop Access Area Allocations— (i) Limited access vessel allocations and possession limits. (A) Except as provided in paragraph (c) of this section, the specifications or framework adjustment processes defined in § 648.55 determine the total amount of scallops, in weight, that a limited access scallop vessel may harvest from Scallop Access Areas during applicable seasons specified in § 648.60. A vessel may not possess or land in excess of its scallop allocation assigned to specific Scallop Access Areas, unless authorized by the Access area Full-time Mid-Atlantic Access Area. Mid-Atlantic Access Area. Allocation ....................... Possession limit ............. Allocation ....................... Possession limit ............. 51,000 17,000 17,000 17,000 lb lb lb lb (23,133 (57,711 (57,711 (57,711 Part-time kg) kg) kg) kg) .... .... .... .... 20,400 10,200 10,200 10,200 lb lb lb lb (9,253 (4,627 (4,627 (4,627 Occasional kg) kg) kg) kg) ...... ...... ...... ...... 4,250 1,420 1,420 1,420 lb lb lb lb (1,928 kg). (644 kg). (644 kg). (644 kg). asabaliauskas on DSK3SPTVN1PROD with PROPOSALS * The limited access fishery’s access area allocations and possession limits for the 2017 fishing year are subject to change through a future specifications action or framework adjustment. (ii) Limited access vessels’ one-for-one area access allocation exchanges. The owner of a vessel issued a limited access scallop permit may exchange unharvested scallop pounds allocated into one access area for another vessel’s unharvested scallop pounds allocated into another Scallop Access Area. These exchanges may only be made for the amount of the current trip possession limit, as specified in paragraph (b)(3)(i)(B) of this section. For example, if the access area trip possession limit for full-time vessels is 17,000 lb (7,711 kg), a full-time vessel may exchange no less than 17,000 lb (7,711 kg), from one access area for no more or less than 17,000 lb (7,711 kg) allocated to another vessel for another access area. In addition, these exchanges may be made only between vessels with the same permit category: A full-time vessel may not exchange allocations with a parttime vessel, and vice versa. Vessel owners must request these exchanges by submitting a completed Access Area Allocation Exchange Form at least 15 days before the date on which the applicant desires the exchange to be effective. Exchange forms are available from the Regional Administrator upon VerDate Sep<11>2014 17:23 Aug 15, 2016 Jkt 238001 request. Each vessel owner involved in an exchange is required to submit a completed Access Area Allocation Form. The Regional Administrator shall review the records for each vessel to confirm that each vessel has enough unharvested allocation remaining in a given access area to exchange. The exchange is not effective until the vessel owner(s) receive a confirmation in writing from the Regional Administrator that the allocation exchange has been made effective. A vessel owner may exchange equal allocations up to the current possession limit between two or more vessels under his/her ownership. A vessel owner holding a Confirmation of Permit History is not eligible to exchange allocations between another vessel and the vessel for which a Confirmation of Permit History has been issued. (4) Area fished. While on a Scallop Access Area trip, a vessel may not fish for, possess, or land scallops in or from areas outside the Scallop Access Area in which the vessel operator has declared the vessel will fish during that trip, and may not enter or exit the specific declared Scallop Access Area more than once per trip. A vessel on a Scallop PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 Access Area trip may not enter or be in another Scallop Access Area on the same trip except such vessel may transit another Scallop Access Area as provided for under paragraph (a)(3) of this section. (5) NE multispecies possession limits—(i) Maximum possession limit of NE multispecies combined. A vessel owner or operator of a limited access scallop vessel issued a valid NE multispecies permit as specified in § 648.4(a)(1), that has declared into a Scallop Access Area and fishes within the open Scallop Rotational Area boundaries defined in § 648.60, may fish for, possess, and land, per trip, up to a maximum of 1,000 lb (453.6 kg) of all NE multispecies combined, excluding yellowtail flounder, subject to the minimum commercial fish size restrictions specified in § 648.83(a)(1), and the additional restrictions for Atlantic cod, haddock, and yellowtail flounder specified in paragraphs (b)(5)(ii) through (iv) of this section. (ii) Atlantic cod. Such vessel may bring onboard and possess only up to 100 lb (45.4 kg) of Atlantic cod per trip, provided such fish is intended for E:\FR\FM\16AUP1.SGM 16AUP1 asabaliauskas on DSK3SPTVN1PROD with PROPOSALS 54546 Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Proposed Rules personal use only and cannot be not sold, traded, or bartered. (iii) Haddock. Such vessel may possess and land haddock up to the overall possession limit of all NE multispecies combined, as specified in paragraph (b)(5)(ii) of this section, except that such vessel are prohibited from possessing or landing haddock from January 1 through June 30. (iv) Yellowtail flounder. Such vessel is prohibited from fishing for, possessing, or landing yellowtail flounder. (6) Gear restrictions. (i) The minimum ring size for dredge gear used by a vessel fishing on a Scallop Access Area trip is 4 inches (10.2 cm) in diameter. Dredge or trawl gear used by a vessel fishing on a Scallop Access Area trip must be in accordance with the restrictions specified in § 648.51(a) and (b). (ii) Vessels fishing in the Closed Area I, Closed Area II, Closed Area II Extension, and Nantucket Lightship Scallop Rotational Areas defined in § 648.60 are prohibited from fishing with trawl gear as specified in § 648.51(f)(1). (7) Transiting. While outside a Sea Scallop Access Area (i.e., in open areas) on a Scallop Access Area trip, the vessel must have all fishing gear stowed and not available for immediate use as defined in § 648.2, unless there is a compelling safety reason to be transiting open areas without gear stowed. Regulations pertaining to transiting Scallop Rotational Areas are provided for under paragraph (a)(3) of this section. (8) Off-loading restrictions. The vessel may not offload its catch from a Scallop Access Area trip at more than one location per trip. (9) Reporting. The owner or operator must submit scallop catch reports through the VMS, as specified in § 648.10(f)(4)(i), and limited access scallop access area pre-landing notification forms, as specified in § 648.10(f)(4)(iii). (c) Scallop Access Area scallop allocation carryover. With the exception of vessels that held a Confirmation of Permit History as described in § 648.4(a)(2)(i)(J) for the entire fishing year preceding the carry-over year, 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 Scallop Access Area is open, unless otherwise specified in this section. For example, if a full-time vessel has 7,000 lb (3,175 kg) remaining in the MidAtlantic Access Area at the end of fishing year 2016, that vessel may VerDate Sep<11>2014 17:23 Aug 15, 2016 Jkt 238001 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 through the specifications or framework adjustment processes defined in § 648.55, if a Scallop 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. (d) Increase in possession limit to defray costs of observers—The Regional Administrator may increase the sea scallop possession limit through the specifications or framework adjustment processes defined in § 648.55 to defray costs of at-sea observers deployed on area access trips subject to the limits specified § 648.53(g). An owner of a scallop vessel shall be notified of the increase in the possession limit through a permit holder letter issued by the Regional Administrator. If the observer set-aside is fully utilized prior to the end of the fishing year, the Regional Administrator shall notify owners of scallop vessels that, effective on a specified date, the increase in the possession limit is no longer available to offset the cost of observers. Unless otherwise notified by the Regional Administrator, vessel owners shall be responsible for paying the cost of the observer, regardless of whether the vessel lands or sells sea scallops on that trip, and regardless of the availability of set-aside for an increased possession limit. (e) Sea Scallop Research Set-Aside Harvest in Scallop Access Areas.— Unless otherwise specified, RSA may be harvested in any access area that is open in a given fishing year, as specified through a specifications action or framework adjustment and pursuant to § 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. (f) VMS polling. For the duration of the Sea Scallop Area Access Program, as defined in this section, all sea scallop vessels equipped with a VMS unit shall be polled at a minimum of twice per hour, regardless of whether the vessel is enrolled in the Sea Scallop Area Access Program. Vessel owners shall be responsible for paying the costs of polling twice per hour. (g) Limited Access General Category vessels. (1) An LAGC scallop vessel may only fish in the scallop rotational areas specified in § 648.60 or in paragraph PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 (g)(3)(iv) of this section, subject to any additional restrictions specified in § 648.60, subject to the possession limit and access area schedule specified in the specifications or framework adjustment processes defined in § 648.55, provided the vessel complies with the requirements specified in paragraphs (b)(1), (b)(2), (b)(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 § 648.85 and under multispecies DAS in the Closed Area I, Closed Area II, Closed Area II Extension, and Nantucket Lightship Scallop Rotational Areas specified in § 648.60, when open, provided the vessel complies with the requirements specified in § 648.59 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 Scallop Rotational Areas specified in § 648.60 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, Closed Area II Extension, 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 Scallop Rotational Areas defined in § 648.60 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 Scallop Rotational Areas specified in § 648.60 or in paragraph (g)(3)(iv) of this section may land scallops, subject to the possession limit specified in § 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. All LAGC IFQ access area trips must be taken in the fishing year that they are allocated (i.e., there are no carryover trips). The total number of LAGC IFQ trips in an Access Area is specified in the specifications or framework adjustment processes defined in § 648.55. (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 E:\FR\FM\16AUP1.SGM 16AUP1 54547 Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Proposed Rules 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, defined 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 defined in this section or the vessel is transiting pursuant to § 648.59(a)(3). (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): scallops up to the possession limit specified in § 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 Closed Area I, Closed Area II, Closed Area II Extension, and Nantucket Lightship Rotational Areas specified in § 648.60, and the Nantucket Lightship North Sea Scallop Access Area specified in paragraph (g)(3)(iv) of this section is prohibited from possessing any species of fish other than scallops and monkfish, as specified in § 648.94(c)(8)(i). Such a vessel may fish in an approved SAP under § 648.85 and under multispecies DAS in the scallop access area, provided that it has not declared into the Scallop Access Area Program. Such a vessel is prohibited from fishing for, possessing, or landing scallops. ■ 14. Revise § 648.60 to read as follows: § 648.60 Sea Scallop Rotational Areas. (a) Mid-Atlantic Scallop Rotational Area. (1) The Mid-Atlantic Scallop Rotational Area is comprised of the following scallop access areas: The Point Latitude Longitude Delmarva Scallop Rotational Area, as defined in paragraph (a)(2) of this NLNAA1 ................ 40°50′ N. 69°00′ W. section; the Elephant Trunk Scallop NLNAA2 ................ 40°30′ N. 69°00′ W. Rotational Area, as defined in paragraph NLNAA3 ................ 40°30′ N. 69°30′ W. (a)(3) of this section; and the Hudson NLNAA4 ................ 40°50′ N. 69°30′ W. Canyon Scallop Rotational Area, as NLNAA1 ................ 40°50′ N. 69°00′ W. defined in paragraph (a)(4) of this section. (v) The following LAGC IFQ access (2) Delmarva Scallop Rotational Area. area allocations will be effective for the The Delmarva Scallop Rotational Area is 2016 and 2017 fishing years: defined by straight lines connecting the following points in the order stated Scallop rotational area 2016 2017 * (copies of a chart depicting this area are available from the Regional Mid-Atlantic Access Area 2,068 602 Administrator upon request): Nantucket Lightship North 485 0 asabaliauskas on DSK3SPTVN1PROD with PROPOSALS * The LAGC IFQ access area trip allocations for the 2017 fishing year are subject to change through a future specifications action or framework adjustment. (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 § 648.85 under multispecies DAS, and that has not declared into the Scallop Access Area Program, is prohibited from possessing scallops. An LAGC scallop vessel authorized to fish in the Scallop Rotational Areas specified in § 648.60 may possess Point DMV1 DMV2 DMV3 DMV4 DMV1 Latitude .................... .................... .................... .................... .................... 38°10′ 38°10′ 37°15′ 37°15′ 38°10′ N. N. N. N. N. Longitude 74°50′ 74°00′ 74°00′ 74°50′ 74°50′ W. W. W. W. W. (3) Elephant Trunk Scallop Rotational Area. The Elephant Trunk Scallop Rotational 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 ETAA1 ETAA2 ETAA3 ETAA4 ETAA5 ETAA6 ETAA7 ETAA8 ETAA1 Point H1 H2 H3 H4 H5 H1 17:23 Aug 15, 2016 Jkt 238001 PO 00000 Fmt 4702 Sfmt 4702 N. N. N. N. N. N. N. N. N. Latitude ......................... ......................... ......................... ......................... ......................... ......................... Point ETCA ETCA ETCA ETCA ETCA ETCA ETCA 1 2 3 4 5 6 1 39°30′ 39°30′ 38°30′ 38°50′ 38°50′ 39°30′ N. N. N. N. N. N. Latitude ................. ................. ................. ................. ................. ................. ................. 74°20′ 73°50′ 73°50′ 73°40′ 73°40′ 73°30′ 73°30′ 74°20′ 74°20′ W. W. W. W. W. W. W. W. W. Longitude 73°10′ 72°30′ 73°30′ 73°30′ 73°42′ 73°10′ W. W. W. W. W. W. 38°50′ 38°50′ 38°40′ 38°40′ 38°30′ 38°30′ 38°50′ N. N. N. N. N. N. N. Longitude 74°20′ 73°40′ 73°40′ 73°50′ 73°50′ 74°20′ 74°20′ W. W. W. W. W. W. W. (c) Closed Area I Scallop Rotational Area. (1) The Closed Area I Scallop Rotational 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 § 648.81(a)(1), that lies between points CAIA3 and CAIA4: Latitude Frm 00028 38°30′ 38°30′ 38°40′ 38°40′ 38°50′ 38°50′ 38°10′ 38°10′ 38°30′ (b) Elephant Trunk Closed Area. The Elephant Trunk 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). .................................................................................................................................................... .................................................................................................................................................... .................................................................................................................................................... .................................................................................................................................................... VerDate Sep<11>2014 .................. .................. .................. .................. .................. .................. .................. .................. .................. Longitude (4) Hudson Canyon Scallop Rotational Area. The Hudson Canyon Scallop Rotational 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 CAIA1 CAIA2 CAIA3 CAIA4 Latitude 41°26′ N. 40°58′ N. 40°54.95′ N. 41°04′ N. E:\FR\FM\16AUP1.SGM 16AUP1 Longitude 68°30′ W. 68°30′ W. 68°53.37′ W. 69°01′ W. Note (1) (1) 54548 Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Proposed Rules Point Latitude CAIA1 .................................................................................................................................................... 1 From 41°26′ N. lines, except where noted, connecting the following points in the order stated (copies of a chart depicting this area are 68°30′ W. available from the Regional Administrator upon request): Point Latitude ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... 1 The Note Point CAIA3 to Point CAIA4 along the western boundary of Closed Area I, defined in § 648.81(a)(1). (d) Closed Area II Scallop Rotational Area. (1) The Closed Area II Scallop Rotational Area is defined by straight CAIIA1 CAIIA2 CAIIA3 CAIIA4 CAIIA5 CAIIA1 Longitude 41°00′ N. 41°00′ N. 41°18.45′ N. 41°30′ N. 41°30′ N. 41°00′ N. Longitude 67°20′ W. 66°35.8′ W. (1) (3) 67°20′ W. 67°20′ W. Note (2 ) (2 ) intersection of 41°18.45′ N. lat. and the U.S.-Canada Maritime Boundary, approximately 41°18.45′ N. lat. and 66°24.89′ W. long. Point CAIIA3 connected to Point CAIIA4 along the U.S.-Canada Maritime Boundary. intersection of 41°30′ N. lat. and the U.S.-Canada Maritime Boundary, approximately 41°30′ N. lat., 66°34.73′ W. long. 2 From 3 The (2) 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 Rotational Area, defined in paragraph (d)(1) 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 § 648.59(a). (e) Closed Area II Extension Scallop Rotational Area. The Closed Area II Extension Rotational 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 CAIIE1 CAIIE2 CAIIE3 CAIIE4 CAIIE5 CAIIE1 Latitude ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... 1 The 40°30′ N. 41°00′ N. 41°00′ N. 41°18.45′ N. 40°30′ N. 40°30′ N. Longitude 67°20′ W. 67°20′ W. 66°35.8′ W. (1) (3) 67°20′ W. Note (2 ) (2 ) intersection of 41°18.45′ N. lat. and the U.S.-Canada Maritime Boundary, approximately 41°18.45′ N. lat. and 66°24.89′ W. long. Point CAIIE4 to Point CAIIE5 following the U.S.-Canada Maritime Boundary. intersection of 40°30′ N. lat. and the U.S.-Canada Maritime Boundary, approximately, 65°44.34′ W. long. 2 From 3 The (f) Nantucket Lightship Scallop Rotational Area. (1) The Nantucket Lightship Scallop Rotational 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 asabaliauskas on DSK3SPTVN1PROD with PROPOSALS NLAA1 NLAA2 NLAA3 NLAA4 NLAA5 NLAA6 NLAA1 Latitude .................. .................. .................. .................. .................. .................. .................. 40°50′ 40°50′ 40°33′ 40°33′ 40°20′ 40°20′ 40°50′ N. N. N. N. N. N. N. Longitude 69°30′ 69°00′ 69°00′ 68°48′ 68°48′ 69°30′ 69°30′ W. W. W. W. W. W. W. 15. In § 648.62, paragraphs (a)(3), the introductory text to paragraph (b), paragraph (b)(3), and (c) are revised to read as follows: ■ § 648.62 Northern Gulf of Maine (NGOM) Management Program. (a)* * * (3) Scallop landings by all vessels issued LAGC IFQ scallop permits and VerDate Sep<11>2014 17:23 Aug 15, 2016 Jkt 238001 fishing in the NGOM scallop management area shall be deducted from the NGOM scallop total allowable catch specified in the specifications or framework adjustment processes defined in § 648.55. Scallop landings by IFQ scallop vessels fishing in the NGOM scallop management area shall be deducted from their respective scallop IFQs. Landings by incidental catch scallop vessels and limited access scallop vessels fishing under the scallop DAS program shall not be deducted from the NGOM total allowable catch specified in paragraph (b) of this section. * * * * * (b) Total allowable catch. The total allowable catch for the NGOM scallop management area shall be specified through the framework adjustment process. The total allowable catch for the NGOM scallop management area shall be based on the Federal portion of the scallop resource in the NGOM. The total allowable catch shall be determined by historical landings until PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 additional information on the NGOM scallop resource is available, for example through an NGOM resource survey and assessment. The ABC/ACL as defined in § 648.53(a) shall not include the total allowable catch for the NGOM scallop management area, and landings from the NGOM scallop management area shall not be counted against the ABC/ACL defined in § 648.53(a). * * * * * (3) If the annual NGOM TAC is exceeded, the amount of NGOM scallop landings in excess of the TAC specified in paragraph (b)(1) of this section shall be deducted from the NGOM TAC for the subsequent fishing year, as soon as practicable, once scallop landings data for the NGOM fishery is available. (c) VMS requirements. Except scallop vessels issued a limited access scallop permit pursuant to § 648.4(a)(2)(i) that have declared a trip under the scallop DAS program, a vessel issued a scallop permit pursuant to § 648.4(a)(2) that intends to fish for scallops in the NGOM E:\FR\FM\16AUP1.SGM 16AUP1 Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Proposed Rules scallop management area or fishes for, possesses, or lands scallops in or from the NGOM scallop management area, must declare a NGOM scallop management area trip and report scallop catch through the vessel’s VMS unit, as required in § 648.10. If the vessel has a NGOM permit, the vessel must declare either a Federal NGOM trip or a statewaters NGOM trip. If a vessel intends to fish any part of a NGOM trip in Federal NGOM waters, it may not declare into the state water NGOM fishery. * * * * * ■ 16. In § 648.63, paragraph (b)(2)(iii) is revised to read as follows: § 648.63 General category Sectors and harvesting cooperatives. * * * * * (b) * * * (2) * * * (iii) A sector shall not be allocated more than 20 percent of the ACL for IFQ vessels defined in § 648.53(a)(4). * * * * * ■ 17. In § 648.64, paragraph (e) is revised to read as follows: § 648.64 Yellowtail flounder sub-ACLs and AMs for the scallop fishery. * * * * (e) 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 a yellowtail flounder sub-ACL was exceeded, or is projected to be exceeded, by scallop vessels prior to the end of the scallop fishing year. 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 applicable yellowtail flounder stock, in accordance with the values specified in paragraph (a) of this section. Based on this initial projection in mid-January, the Regional Administrator shall implement the AM in accordance with the APA and notify owners of limited asabaliauskas on DSK3SPTVN1PROD with PROPOSALS * VerDate Sep<11>2014 17:23 Aug 15, 2016 Jkt 238001 access and LAGC scallop vessels by letter identifying the length of the closure and a summary of the yellowtail flounder catch, overage, and projection that resulted in the closure. (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 a yellowtail flounder sub-ACL was exceeded by scallop vessels following the end of the scallop fishing year. The determination shall include the amount of the overage, specified as a percentage of the overall sub-ACL for the applicable yellowtail 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 notify owners of limited access and LAGC scallop vessels by letter identifying the length of the closure and a summary of the yellowtail flounder catch and overage information. * * * * * ■ 18. In § 648.65, paragraph (c) is revised to read as follows: § 648.65 Windowpane flounder sub-ACL and AM for the scallop fishery. * * * * * (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 § 648.90(a)(5)(iv), by scallop vessels prior to the end of the scallop fishing year. The determination shall include PO 00000 Frm 00030 Fmt 4702 Sfmt 9990 54549 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 § 648.90(a)(5)(iv), by scallop vessels following the end of the scallop fishing year. 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. 2016–19465 Filed 8–15–16; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\16AUP1.SGM 16AUP1

Agencies

[Federal Register Volume 81, Number 158 (Tuesday, August 16, 2016)]
[Proposed Rules]
[Pages 54533-54549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19465]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 160126052-6052-01]
RIN 0648-BF72

Fisheries of the Northeastern United States; Atlantic Sea Scallop
Fishery; Amendment 19

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to approve and implement through regulations
measures included in Amendment 19 to the Atlantic Sea Scallop Fishery
Management Plan, which the New England Fishery Management Council
adopted and submitted to NMFS for approval. Amendment 19 would
establish a specifications process outside of the current framework
adjustment process to implement management measures that are typically
adjusted on an annual or biennial basis and change the start of the
scallop fishing year from March 1 to April 1. This amendment is
intended to streamline the development and implementation of annual
specifications and reduce the administrative burden.

DATES: Comments must be received by September 15, 2016.

ADDRESSES: The Council developed 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. Copies of the Amendment, the EA,
and the Regulatory Impact Review (RIR) are available upon request from
Thomas A. Nies, Executive Director, New England Fishery Management
Council, 50 Water Street, Newburyport, MA 01950.
You may submit comments on this document, identified by NOAA-NMFS-
2016-0028, 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-2016-0028, 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 Amendment 19 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 Atlantic Sea 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 has had to rely on the framework adjustment process to set
scallop fishery measures, often referred to as specifications, that
occur annually or biennially. Typically, these specifications include
annual catch limits, days-at-sea (DAS), rotational area management,
possession limits, access area trip allocations, individual fishing
quota (IFQ) allocations, and allocations for vessels with Northern Gulf
of Maine permits. These framework adjustments often include other
management measures to the FMP and are often implemented 2 to 3 months
after the March 1 start of the scallop fishing year (March 1 through
February 28/29).
Amendment 4 to the Scallop FMP (59 FR 2757, January 19, 1994), was
a major

[[Page 54534]]

shift in scallop fishery management. It established a limited access
permit and effort control program and the new permits and effort
control became effective on March 1, 1994. Framework Adjustment 1 (59
FR 36720, July 19, 1994) formally adopted March 1 as the start of the
scallop fishing year. There was no biological or economic rationale for
originally selecting this date as the start of the fishing year:
Framework 1 codified the March 1 Amendment 4 effective date as the
start of the fishing year so that allocations for 1994 spanned a 12-
month period in order to ensure a reduction in fishing effort the first
year of the DAS effort-control program. This fishing year has remained
in place since that time, even though specifications have become
increasingly more complicated with the development of the scallop
access area rotation program in 2004 and IFQ fishery in 2010.
In the last 16 years following Framework 11, there have been 12
actions that set annual scallop specifications. Four of those actions
set specifications for 2 years, which ensured that the second year's
specifications for each of those actions were implemented on March 1.
Aside from these biennial frameworks, we have only been able to set
specifications by March 1 on two occasions, both involving special
circumstances (i.e., the proposed rule was waived for one framework
action and Council took final action 2 months earlier than usual for
the other action).
Typically, the Council begins developing a specifications-setting
framework in June. Scallop biomass estimates are provided through
scallop surveys conducted by NMFS and other research institutions in
the spring and summer. These estimates are not generally available for
consideration until the early fall, at which point the Scallop Plan
Development Team (PDT) develops and analyzes fishery allocation
alternatives for Council consideration. In order to incorporate the
most recent available scallop survey information into these
alternatives, which has proved essential in setting appropriate access
area catch levels, the Council has been taking final action in November
and NMFS has typically implemented allocations in May or June.
In 2013, the Council began developing specifications on an annual
basis via frameworks at the request of the industry to avoid biennial
specifications that resulted in the second year specifications being
out of sync with what the most recent annual surveys indicate should be
harvested in a given area. However, this meant that the annual
specifications were likely to be late every year due to availability of
relevant data. To address this problem, the Council has been specifying
``default'' specifications for the year after annual specifications are
set to fill the gap between the end of the fishing year and the setting
of new specifications for the next fishing year. Implementing these
``default'' specifications every year is an administrative burden to
NMFS staff and can result in complex inseason changes in fishery
specifications. In addition, default specifications lead to confusion
and uncertainty for the fleet, as well as potentially negative impacts
on the resource and fishery if effort shifts into areas or seasons that
are less desirable as a result of delayed measures.
The Council initiated Amendment 19 to develop an alternative to the
framework adjustment process to implement specifications closer to the
start of the scallop fishing year. To address these timing issues while
still supporting the current timeline for integrating the best
available science into the management process, Amendment 19 proposes
to:
Establish a more timely and less complicated specification
process that is limited in the types of measures that can be
implemented and is not bound by the procedural requirements of the
amendment and framework processes; and
Adjust the scallop fishing year to April 1 through March
31.
These proposed measures are further described below.

Proposed Measures

Establish a New Specification Process

Establishing a separate process for implementing specifications in
the Scallop FMP instead of a framework process would help ensure that
such specifications go into place on or about the start of the scallop
fishing year, in part because the Council would not be required to
discuss measures over the course of two Council meetings, as is
required under a framework. In addition, by limiting the specifications
process to implementing only certain types of measures, other types of
management measures that typically get added to specifications
frameworks would not be included, thereby simplifying the development
and rulemaking for specifications.
The Scallop PDT would meet at least every two years to assess the
status of the scallop resource and to develop and recommend
specifications for up to 2 years, as well as second or third-year
default measures, for the Atlantic Sea Scallop Oversight Committee and
the Council to consider. The types of measures that could be
implemented through the specifications process are limited to the
following: Overfishing limit (OFL); overall annual biological catch
(ABC)/annual catch limit (ACL); sub-ACLs; sub-annual catch targets
(ACTs); DAS open area allocations; possession limits; modifications to
rotational area management (e.g., schedule, rotational closures and
openings, seasonal restrictions, modifications to boundaries, etc.);
access area limited access poundage allocations and Limited Access
General Category (LAGC) Individual Fishing Quota (IFQ) fleet-wide trip
allocations; annual incidental catch target total allowable catch
(TAC); and Northern Gulf of Maine (NGOM) TAC.
The Council would review these recommendations and, after
considering public comments, recommend appropriate specifications for 1
or 2 years, as well as second or third-year default measures, to NMFS.
NMFS would approve, disapprove, or partially approve the specifications
recommended by the Council and publish the approved specifications in
the Federal Register.
In addition, the PDT would update the Stock Assessment and Fishery
Evaluation Report at least every 2 years that provides the information
and analysis needed to evaluate potential management adjustments.
The PDT would meet at least once during the interim years to review
the status of the stock relative to the overfishing definition if
information is available to do so. If the Council determines that the
approved specifications should be adjusted during the 2-year time
period, it can do so through the specifications process.
The Council could set scallop allocations through a specifications
action in conjunction with a framework to develop more robust
management measures, but the more complicated an action is and the more
management measures under consideration generally means the action will
take longer to complete, be approved, and be effective.

Changing the Start of the Fishing Year to April 1

Although developing a specifications action would save some time in
the development of allocations, it would not guarantee allocations
would be in place by March 1 of each year because of the timing of data
becoming available that are necessary to set the specifications. It is
more likely that allocations could be implemented on April 1, a month
after

[[Page 54535]]

the current start of the fishing year. Therefore, the Council is also
recommending that the fishing year be changed to April 1 through March
31. Pushing the fishing year back 1 month would increase the likelihood
that NMFS would be able to implement simple specifications actions at
the start of the scallop fishing year on a more consistent basis and
not need to implement default measures at all.
To give the industry time to account for this change in its
business planning, the Council recommends and NMFS proposes that this
measure not be effective until fishing year 2018. Because the current
fishing year began on March 1, 2016, fishing year 2016 would be
unaffected by this change. Fishing year 2017 would need to be 13 months
long, running from March 1, 2017, through March 31, 2018. The Council
intends to prorate allocations appropriately for 2017 to account for
this additional month. On April 1, 2018, the scallop fishing year would
officially change for fishing year 2018 and beyond.
Amendment 19 would also adjust the scallop permit year so that it
continues to match the official fishing year (i.e., scallop permits
would need to be renewed by April 1 of each year). This change would
also be effective beginning in fishing year 2018.
In addition, NMFS and Council staff discussed other, non-regulatory
streamlining initiatives that will result in time-savings in
implementing final allocations. These include preparing a decision
draft of an EA immediately following the Council's final action on a
framework and publishing a proposed rule prior to NMFS' formal review
of the EA. These measures will assist in implementing simple, non-
controversial specifications actions on a quicker timeline than typical
frameworks.
The Council adopted Amendment 19 on December 3, 2015, and submitted
it to NMFS on July 14, 2016, for review and approval. The Council has
reviewed the Amendment 19 proposed rule regulations as drafted by NMFS
and deemed them to be necessary and appropriate as specified in section
303(c) of the MSA. A Notice of Availability (NOA) for Amendment 19 was
published in the Federal Register on July 20, 2016 (81 FR 47152). The
comment period on Amendment 19 NOA ends on September 19, 2016. Comments
submitted on the NOA and/or this proposed rule prior to September 19,
2016, will be considered in NMFS's decision to approve, partially
approve, or disapprove Amendment 19. NMFS will consider comments
received by the end of the comment period for this proposed rule
September 15, 2016 in its decision regarding measures to be
implemented. Under the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act), NMFS is required to publish
proposed rules for comment after preliminarily determining whether they
are consistent with applicable law. The Magnuson-Stevens Act permits
NMFS to approve, partially approve, or disapprove measures proposed by
the Council based only on whether the measures are consistent with the
fishery management plan, plan amendment, the Magnuson-Stevens Act and
its National Standards, and other applicable law.

Regulatory Adjustments and Corrections Under Regional Administrator
Authority

NMFS removed the annual specifications from the regulatory text and
reorganized the layout of the regulations to help streamline the
approval of future specifications actions. As a result, this proposed
rule includes revisions to the regulatory text that would reorganize
and condense references to annual scallop allocations and possession
limits. These adjustments do not make any substantive changes to the
implications of the current regulations and would allow future
specifications-setting actions to be implemented sooner by avoiding the
need to make extensive regulatory changes for each specifications-
setting action. In addition to saving time during rulemaking, this
adjustment also avoids the need to develop follow-up correcting
amendments when NMFS inadvertently and incorrectly updates regulations.
NMFS proposes these changes consistent with section 305(d) of the
Magnuson-Stevens Act, 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 Magnuson-Stevens
Act.
To accommodate the specifications process and simplify the scallop
regulations NMFS proposes the following changes to regulatory text:
Revising the definitions in section 648.2 to remove the unnecessary
distinction between Rotational Closed Areas and Scallop Access Areas;
consolidating all of the allocations into a single table in section
648.53; condensing the explanations of OFL, ABC, and ACL into section
648.53 which creates a single section dedicated to all of the catch
limits (the current regulations have this information repeated again at
Sec. 648.55 which we removed); removing sections 648.57 and 648.58 and
integrating them into sections 648.59 and 648.60 to describe the
scallop access area program and remove the unnecessary distinction
between Rotational Closed Areas and Scallop Access Areas; and moving
access area program requirements currently in Sec. 648.60 to Sec.
648.59 to provide a dedicated section to access area program
requirements (Sec. 648.59) and a dedicated section to listing all of
the scallop access areas (Sec. 648.60).
Under this same section 305(d) authority, this action also proposes
the following revisions to the regulatory text, unrelated to the
addition of a specifications process, to address text that is
unnecessary, outdated, unclear, or NMFS could otherwise improve:
Revising Sec. Sec. 648.14(i)(2)(vi)(B) and 648.14(i)(3)(v)(E) to
clarify in the prohibitions a requirement currently in Sec. 648.58(e)
that vessels cannot transit the Closed Area II Rotational Area, the
Closed Area II Extension Rotational Area, or the Elephant Trunk Closed
Area unless there is a compelling safety reason for transiting the
area; adding back in text, at Sec. 648.53(c), regarding limited access
accountability measures that was unintentionally removed during
Framework Adjustment 27 to the Scallop FMP (81 FR 26727, May 4, 2016);
updating a reference in section Sec. 648.54 regarding the state waters
exemption program that was unintentionally overlooked in Framework
Adjustment 26 to the Scallop FMP (80 FR 22119, April 21, 2015);
revising Sec. 648.56(f) to reflect a change that scallop research set-
aside (RSA) can be harvested to accommodate the proposed change in
fishing year (changing from May 31 to June 30 of the fishing year
subsequent to the fishing year in which the set-aside is awarded);
revising Sec. 648.62(c) to clarify that NGOM vessels must declare
either a Federal NGOM trip or a state-waters NGOM trip on their VMS
units when declaring a scallop trip.
Finally, due to the extensive regulatory changes in this action we
are updating references throughout the scallop regulations that will
change based on the proposed regulatory adjustments. We have included a
summary of all of the proposed regulatory changes in this proposed rule
in Table 1.

[[Page 54536]]

Table 1--Summary of Proposed Regulatory Changes to 50 CFR Part 648
----------------------------------------------------------------------------------------------------------------
Section Current title Proposed title Type of changes Summary of changes
----------------------------------------------------------------------------------------------------------------
648.2................... Definitions........ Same............... Amendment 19 & Changes address the new
Regulatory scallop fishing year
Streamlining. and remove the
unnecessary
distinction between
Rotational Closed
Areas and Scallop
Access Areas.
648.10.................. VMS and DAS Same............... Regulatory Changes update
requirements for Streamlining. references that will
vessel owners/ change based on
operators. proposed regulatory
adjustments to other
sections.
648.14.................. Prohibitions....... Same............... Regulatory Changes update
Streamlining & references that will
Corrections. change based on
proposed regulatory
adjustments to other
sections.
Clarification that
vessels cannot transit
the Closed Area II
Rotational Area, the
Closed Area II
Extension Rotational
Area, or the Elephant
Trunk Closed Area.
648.51.................. Gear and crew Same............... Regulatory Changes update
restrictions. Streamlining. references that will
change based on
proposed regulatory
adjustments to other
sections.
648.52.................. Possession and Same............... Regulatory Changes update
landing limits. Streamlining. references that will
change based on
proposed regulatory
adjustments to other
sections.
648.53.................. Acceptable Overfishing limit, Amendment 19, Changes address
biological catch, acceptable Regulatory Amendment 19
annual catch biological catch, Streamlining, & specifications
limits, annual annual catch Corrections. process, condense
catch targets, DAS limits, annual allocations into a
allocations, and catch targets, DAS single table, and
individual fishing allocations, and condense the
quotas. individual fishing explanations of OFL,
quotas. ABC, and ACL into a
single section. The
current regulations
have this information
repeated again at Sec.
648.55. Also, we add
back in text, at Sec.
648.53(c), regarding
limited access
accountability
measures that was
unintentionally
removed during scallop
Framework Adjustment
27.
648.54.................. State waters Same............... Corrections........ The change to this
exemption. section updates an old
reference that should
have occurred during
scallop Framework
Adjustment 26
rulemaking but was
inadvertently
overlooked.
648.55.................. Framework Specifications and Amendment 19 & Changes to this section
adjustments to framework Regulatory address Amendment 19
management adjustments to Streamlining. changes, but also fine-
measures. management tune previous
measures. regulations and remove
repetitive regulations
that are now
consolidated into Sec.
648.53, specifically
the explanation of
OFL, ABC, and ACL.
648.56.................. Scallop research... Same............... Amendment 19 & Changes update
Regulatory references that will
Streamlining. change based on other
proposed regulatory
adjustments and
support the Amendment
19 alternative to
change the fishing
year to April 1.
Changes would push
back the 90-day RSA
carryover timeframe by
a month (from May 31
to June 30) to
accommodate the change
in fishing year.
648.57.................. Sea scallop area Reserved........... Amendment 19 & Changes remove
rotation program. Regulatory unnecessary
Streamlining. distinction between
rotational closed
areas and scallop
access areas,
clarifying that
rotational areas can
be open or closed as
determined through the
specifications or
framework process.
Consolidates the
regulations formerly
in this section into
Sec. 648.59.
648.58.................. Rotational Closed Reserved........... Amendment 19 & Changes remove
Areas. Regulatory unnecessary
Streamlining. distinction between
rotational closed
areas and scallop
access areas
clarifying that
rotational areas can
be open or closed, as
determined through the
specifications or
framework process.
Consolidating the
regulations formerly
in this section into
Sec. Sec. 648.59
and 648.60.
648.59.................. Sea Scallop Access Sea scallop Amendment 19 & There are no
Areas. rotational area Regulatory substantial changes to
management program Streamlining. current regulatory
and access area text in this section;
program portions of this
requirements. section are
reorganized to
incorporate
regulations formerly
in Sec. Sec. 648.57
and 648.58. Also, the
access area program
requirements were
moved to this section
from Sec. 648.60 for
clarity.

[[Page 54537]]

648.60.................. Sea scallop access Sea scallop Amendment 19 & There are no
area program rotational areas. Regulatory substantial changes to
requirements. Streamlining. current regulatory
text in this section;
portions of this
section are
reorganized to
incorporate
regulations formerly
in Sec. 648.58.
Also, the access area
program requirements
were moved from this
section to Sec.
648.59 for clarity.
648.62.................. Northern Gulf of Same............... Amendment 19, Changes to this section
Maine (NGOM) Regulatory support the
Management Program. Streamlining, & specifications process
Corrections. and update references
that will change based
on other proposed
regulatory
adjustments. Also,
changes clarify that
NGOM vessels must
declare either a
Federal NGOM trip or a
state-waters NGOM
trip.
648.63.................. General category Same............... Regulatory Changes update
Sectors and Streamlining. references that will
harvesting change based on
cooperatives. proposed regulatory
adjustments to other
sections.
648.64.................. Yellowtail flounder Same............... Amendment 19....... Changes to this section
sub-ACLs and AMs are proposed to
for the scallop support the Amendment
fishery. 19 alternative to
change the fishing
year to April 1.
648.65.................. Windowpane flounder Same............... Amendment 19....... Changes to this section
sub-ACL and AM for are proposed to
the scallop support the Amendment
fishery. 19 alternative to
change the fishing
year to April 1.
----------------------------------------------------------------------------------------------------------------

Classification

Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, 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 or
``takings'' implications as those terms are defined in E.O. 13132 and
E.O. 12630, respectively.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Council for Regulation of the Department of Commerce
certified to the Chief Council for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
On December 29, 2015, NMFS issued a final rule establishing a small
business size standard of $11 million in annual gross receipts for all
businesses primarily engaged in the commercial fishing industry (NAICS
11411) for Regulatory Flexibility Act (RFA) compliance purposes only
(80 FR 81194, December 29, 2015). The $11 million standard became
effective on July 1, 2016, and is to be used in place of the U.S. Small
Business Administration's (SBA) current standards of $20.5 million,
$5.5 million, and $7.5 million for the finfish (NAICS 114111),
shellfish (NAICS 114112), and other marine fishing (NAICS 114119)
sectors of the U.S. commercial fishing industry in all NMFS rules
subject to the RFA after July 1, 2016. Id at 81194.
The Council conducted an evaluation of the potential impacts of the
proposed measures in conjunction with this EA. There were 313 vessels
that obtained full-time limited access permits in 2015, including 250
dredge, 52 small-dredge, and 11 scallop trawl permits. In the same
year, there were also 34 part-time limited access permits in the sea
scallop fishery. No vessels were issued occasional scallop permits.
NMFS issued 220 limited access general category (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).
Individually-permitted vessels may hold permits for several
fisheries, harvesting species of fish that are regulated by several
different fishery management plans, even beyond those affected 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.
On June 1 of each year, ownership entities are identified based on
a list of all permits for the most recent complete calendar year. The
current ownership dataset is based on the calendar year 2014 permits
and contains average gross sales associated with those permits for
calendar years 2012 through 2014. When adjusted for calendar year,
there were 166 distinct ownership entities for the limited access fleet
and 106 distinct ownership entities for the LAGC IFQ fleet in 2014. All
of the entities directly regulated by this regulatory action are
shellfish commercial fishing businesses. Under the NMFS size standards,
159 of the limited access distinct ownership entities and 104 of the
LAGC IFQ entities were categorized as small. The remaining 7 of the
limited access and 2 of the LAGC IFQ entities were categorized as large
entities.
Amendment 19 proposes to establish a specification process so that
allocations would not be tied only to actions that tend to have longer
development and implementation timelines (i.e., frameworks or
amendments) and change the start of the fishing year from March 1 to
April 1. Developing a specifications process would eliminate the need
for a framework adjustment to set annual allocations for the scallop
fishery. This will reduce the delays in implementation and make it
possible to integrate the updated survey data into allocation
estimates. Similarly, changing the start of the fishing year from March
1 to April l would reduce the time lag

[[Page 54538]]

between the fishing year and the time when the survey data become
available. This would improve accuracy of catch limits for the access
areas, and align the implementation time better with the fishing year,
thus reducing the uncertainties for the small businesses in the scallop
fishery in making their business plans for the fishing year.
Adjusting the fishing year back 1 month will, however, require a
change in the business plans of the scallop fishermen. Currently, the
fishing year begins on March 1, at a time when meat-weight of scallops
begins to increase and a higher yield per unit effort could be obtained
from scallop fishing. If the landings are postponed to the following
March (i.e., the last month of the fishing year, under this
alternative) because of the change in the start of the fishing year to
April 1, and if the resource and market conditions turn out to be less
favorable than they were expected a year ago--for example, because of a
decline scallop prices or a decline catch per-unit effort-- the scallop
fishermen will incur a loss from not using them in earlier months. This
loss is not expected to be high, however, taking into consideration
that some of the effort normally occurred in March could be shifted to
other months when meat weights are even higher.
For example, starting the fishing year in April could lead to
increased effort in this month if fishermen would want to postpone a
smaller proportion of their allocations to the following March due to
uncertainties. However, an increase in scallop landings in April
(compared to the earlier years when the start of the fishing year was
in March) could also have some beneficial impacts compared to No Action
because meat weights are larger in April compared to March. Although
the average price of scallops could decline somewhat with increased
landings in April, the higher prices associated with larger size
scallops are expected to outweigh negative impacts on average prices
and revenues.
In addition, present regulations allow a vessel to carry over 10
days-at-sea to the next fishing year, and this provision could be used
if it turns out that the market conditions are not optimal or if there
are vessel breakdowns in the following year in March. Other factors,
such as constraints on labor due to some crew members working on
multiple boats with the reduced landings, especially in the last couple
of years, also help spread the effort throughout the fishing year.
In summary, starting the fishing year a month later will require
some change in business planning and will create some risks due to
reduced predictability of the resource and market conditions in March,
a month when yields start improving. Negative impacts associated with
this change are expected to be minimal and also are expected to decline
over time as the vessel-owners gain experience with the new fishing
year and learn to adjust their business plans more efficiently to the
new conditions. The proposed measures are expected to result in
positive economic impacts on regulated entities by improving scallop
yield over the long-term, increase revenues, and reduce the business
costs associated with constantly changing regulations outweighing any
negative impacts associated with the change in fishing year.
Because this rulemaking will not have a significant economic impact
on a substantial number of small entities, an initial regulatory
flexibility analysis is not required and none has been prepared.
There are no new reporting or recordkeeping requirements contained
in any of the alternatives considered for this action.

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Recordkeeping and reporting requirements.

Dated: August 10, 2016.
Paul Doremus,
Deputy Assistant Administrator for Operations, 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. Amend Sec. 648.2 by:
0
a. Revising the definitions of ``Fishing year'', ``Open areas'', and
``Permit year'';
0
b. Removing the definitions for ````Rotational Closed Area'' and ``Sea
Scallop Access Area''; and
0
c. Adding definitions for ``Sea Scallop Access Area, Scallop Access
Area, or Access Area'' and ``Sea Scallop Rotational Area, Scallop
Rotational Area, or Rotational Area'' in alphabetical order.
The revisions and additions read as follows:

Sec. 648.2 Definitions.

* * * * *
Fishing year means:
(1) For the Atlantic deep-sea red crab fishery, from March 1
through the last day of February of the following year.
(2) Beginning in 2018, for the Atlantic sea scallop fishery, from
April 1 through March 31 of the following year (for 2017, the Atlantic
sea scallop fishing year will be from March 1, 2017, through March 31,
2018).
(3) For the NE multispecies, monkfish and skate fisheries, from May
1 through April 30 of the following year.
(4) For the tilefish fishery, from November 1 through October 31 of
the following year.
(5) For all other fisheries in this part, from January 1 through
December 31.
* * * * *
Open areas, with respect to the Atlantic sea scallop fishery, means
any area that is not subject to restrictions of the Sea Scallop
Rotational Areas specified in Sec. Sec. 648.59 and 648.60, EFH Closed
Areas specified in Sec. 648.61, or the Northern Gulf of Maine
Management Area specified in Sec. 648.62.
* * * * *
Permit year means:
(1) For the Atlantic deep-sea red crab fishery, from March 1
through the last day of February of the following year;
(2) Beginning in 2018, for the Atlantic sea scallop fishery, from
April 1 through the last day of March of the following year (for 2017,
the Atlantic sea scallop permit year will be from March 1, 2017,
through March 31, 2018);
(3) For all other fisheries in this part, from May 1 through April
30 of the following year.
* * * * *
Sea Scallop Access Area, Scallop Access Area, or Access Area, with
respect to the Atlantic sea scallop fishery, means an area that has
been designated under the Atlantic Sea Scallop Fishery Management Plan
as a sea scallop rotational area that is open to the scallop fishery in
a given fishing year.
* * * * *
Sea Scallop Rotational Area, Scallop Rotational Area, or Rotational
Area, with respect to the Atlantic sea scallop fishery, means an area
that has been designated under the Atlantic Sea Scallop Fishery
Management Plan as part of the Sea Scallop Rotational Management
Program. A rotational area may be closed or open to the scallop fishery
in a given fishing year. A rotational area open to the scallop fishery
is termed a Sea Scallop Access Area and has area-specific management
measures that are designed to control fishing effort and mortality on
only the portion of the scallop resource within the area. Such measures
are not applicable in Open Areas defined above.
* * * * *

[[Page 54539]]

0
3. In Sec. 648.10, paragraph (b)(2), the first sentence to the
introductory text of paragraph (f)(4)(i), the introductory text to
paragraph (h), and paragraph (h)(8)(ii) are revised to read as follows:

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

* * * * *
(b) * * *
(2) A scallop vessel issued an Occasional limited access permit
when fishing under the Sea Scallop Area Access Program specified under
Sec. 648.59;
* * * * *
(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. 648.59(b)(9), and trips
accompanied by a NMFS-approved observer. * * *
* * * * *
(h) Call-in notification. The owner of a vessel issued a limited
access monkfish permit who is participating in a DAS program and who is
not required to provide notification using a VMS, and a scallop vessel
qualifying for a DAS allocation under the occasional category that has
not elected to fish under the VMS notification requirements of
paragraph (e) of this section and is not participating in the Sea
Scallop Area Access program as specified in Sec. 648.59, and any
vessel that may be required by the Regional Administrator to use the
call-in program under paragraph (i) of this section, are subject to the
following requirements:
* * * * *
(8) * * *
(ii) A vessel issued a limited access scallop and LAGC IFQ scallop
permit that possesses or lands more than 600 lb (272.2 kg) of scallops,
unless otherwise specified in Sec. 648.59(d)(2);
* * * * *
0
4. Amend Sec. 648.14 by:
0
a. Revising paragraphs (i)(1)(vi), (i)(2)(ii)(B)(7), (i)(2)(iii)(B),
(i)(2)(iii)(C), (i)(2)(iv)(B), the introductory text to (i)(2)(vi), and
paragraph (i)(2)(vi)(A);
0
b. Add paragraph (i)(2)(vi)(B); and
0
c. Revise paragraphs (i)(2)(vi)(D), (i)(3)(iv)(A), (i)(3)(v), and
(i)(4)(i)(A).
The revisions and additions read as follows:

Sec. 648.14 Prohibitions.

* * * * *
(i) * * *
(1) * * *
(vi) Closed area requirements--(A) EFH Closed Areas. (1) Fish for
scallops in, or possess or land scallops from, the EFH Closed Areas
specified in Sec. 648.61.
(2) Transit or enter the EFH Closure Areas specified in Sec.
648.61, except as provided by Sec. 648.61(b).
(B) Scallop Rotational Areas. (1) Fish for scallops in, or possess
or land scallops from, the Scallop Rotational Areas closed to the
scallop fishery through the specifications or framework adjustment
processes specified in Sec. 648.55.
(2) Transit or enter the Scallop Rotational Areas, except as
provided by Sec. 648.59(a) or (b).
* * * * *
(2) * * *
(ii) * * *
(B) * * *
(7) Fish in a Sea Scallop Access Area, as described in Sec.
648.60, 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.
* * * * *
(iii) * * *
(B) Fish for, possess, or land more than 50 bu (17.62 hL) of in-
shell scallops once inside the VMS Demarcation Line on or by a vessel
that, at any time during the trip, fished in or transited any area
south of 42[deg]20' N. lat; or fished in any Sea Scallop Area Access
Program specified in Sec. 648.59, except as provided in the state
waters exemption, as specified in Sec. 648.54.
(C) Fish for, possess, or land per trip, at any time, scallops in
excess of any sea scallop possession and landing limit set by the
Regional Administrator in accordance with Sec. 648.59(b)(3) when
properly declared into the Sea Scallop Area Access Program as described
in Sec. 648.59.
* * * * *
(iv) * * *
(B) Combine, transfer, or consolidate DAS allocations, except as
allowed for one-for-one Access Area trip exchanges as specified in
Sec. 648.59(b)(3)(ii).
* * * * *
(vi) Scallop rotational area management program and scallop access
area program requirements. (A) Fail to comply with any of the
provisions and specifications of Sec. 648.59.
(B) Transit the Closed Area II Rotational Area or the Closed Area
II Extension Rotational Area, as defined Sec. 648.60(d) and (e),
respectively, or the Elephant Trunk Closed Area, as defined in Sec.
648.60(b), unless there is a compelling safety reason for transiting
the area and the vessel's fishing gear is stowed and not available for
immediate use as defined in Sec. 648.2.
* * * * *
(D) Possess more than 50 bu (17.6 hL) of in-shell scallops outside
the boundaries of a Sea Scallop Access Area by a vessel that is
declared into the Area Access Program as specified in Sec. 648.59.
* * * * *
(3) * * *
(iv) * * *
(A) Fail to comply with any of the VMS requirements specified in
Sec. Sec. 648.10, 648.59, or 648.62.
* * * * *
(v) Scallop rotational area management program and scallop access
area program requirements. (A) Fail to comply with any of the
requirements specified in Sec. 648.59.
(B) Declare into or leave port for an area specified in Sec.
648.60 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. 648.59.
(C) Fish for or land per trip, or possess in excess of 40 lb (18.1
kg) of shucked scallops at any time in or from any Sea Scallop Access
Area specified at Sec. 648.60, unless declared into the Sea Scallop
Access Area Program.
(D) Fish for, possess, or land scallops in or from any Sea Scallop
Access Area without an observer on board, unless the vessel owner,
operator, or manager has received a waiver to carry an observer for the
specified trip and area fished.
(E) Transit the Closed Area II Rotational Area or the Closed Area
II Extension Rotational Area, as defined Sec. 648.60(d) and (e),
respectively, or the Elephant Trunk Closed Area, as defined in Sec.
648.60(b), unless there is a compelling safety reason for transiting
the area and the vessel's fishing gear is stowed and not available for
immediate use as defined in Sec. 648.2.
* * * * *
(4) * * *
(i) * * *
(A) Fish for or land per trip, or possess at any time, in excess of
600 lb (272.2 kg) of shucked, or 75 bu (26.4 hL) of in-shell scallops
per trip, or 100 bu (35.2 hL) in-shell scallops seaward of the VMS
Demarcation Line, unless the vessel is carrying an observer as
specified in Sec. 648.11 and an increase in the possession limit is
authorized by the Regional Administrator and not exceeded by the
vessel, as specified in Sec. Sec. 648.52(g) and 648.59(d).
* * * * *

[[Page 54540]]

0
5. In Sec. 648.51, paragraphs (b)(1), (b)(3)(i), the introductory text
to paragraph (c), and paragraph (f)(1) are revised to read as follows:

Sec. 648.51 Gear and crew restrictions.

* * * * *
(b) * * *
(1) Maximum dredge width. The combined dredge width in use by or in
possession on board such vessels shall not exceed 31 ft (9.4 m),
measured at the widest point in the bail of the dredge, except as
provided under paragraph (e) of this section, in Sec. 648.59(g)(2),
and the scallop dredge exemption areas specified in Sec. 648.80.
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 such that no more than one complete spare
dredge could be made from these component's parts.
* * * * *
(3) * * *
(i) Unless otherwise required under the Sea Scallop Area Access
program specified in Sec. 648.59(b)(6), the ring size used in a
scallop dredge possessed or used by scallop vessels shall not be
smaller than 4 inches (10.2 cm).
* * * * *
(c) Crew restrictions. A limited access vessel participating in or
subject to the scallop DAS allocation program may have no more than
seven people aboard, including the operator, and a limited access
vessel participating in the Sea Scallop Area Access Program as
specified in Sec. 648.59 may have no more than eight people aboard,
including the operator, when not docked or moored in port, except as
follows:
* * * * *
(f) * * *
(1) A vessel issued a limited access scallop permit fishing for
scallops under the scallop DAS allocation program may not fish with,
possess on board, or land scallops while in possession of a trawl net,
unless such vessel has been issued a limited access trawl vessel permit
that endorses the vessel to fish for scallops with a trawl net. A
limited access scallop vessel issued a trawl vessel permit that
endorses the vessel to fish for scallops with a trawl net and general
category scallop vessels enrolled in the Area Access Program as
specified in Sec. 648.59, may not fish for scallops with a trawl net
in the Closed Area 1, Closed Area II, Closed Area II Extension, and
Nantucket Lightship Rotational Areas specified in Sec. 648.60.
* * * * *
0
6. In Sec. 648.52, paragraphs (d), (f), and (g) are revised to read as
follows:

Sec. 648.52 Possession and landing limits.

* * * * *
(d) Owners or operators of vessels with a limited access scallop
permit that have properly declared into the Sea Scallop Area Access
Program as described in Sec. 648.59 are prohibited from fishing for or
landing per trip, or possessing at any time, scallops in excess of any
sea scallop possession and landing limit set by the Regional
Administrator in accordance with Sec. 648.59(b)(5).
* * * * *
(f) A limited access vessel or an LAGC vessel that is declared into
the Sea Scallop Area Access Program as described in Sec. 648.59, 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.
648.60.
(g) Possession limit to defray the cost of observers for LAGC IFQ
vessels. An LAGC IFQ vessel with an observer on board may retain, per
observed trip, up to 1 day's allowance of the possession limit
allocated to limited access vessels, as established by the Regional
Administrator in accordance with Sec. 648.59(d), provided the observer
set-aside specified in Sec. 648.59(d)(1) has not been fully utilized.
For example, if the limited access vessel daily possession limit to
defray the cost of an observer is 180 lb (82 kg), the LAGC IFQ
possession limit to defray the cost of an observer would be 180 lb (82
kg) per trip, regardless of trip length.
0
7. In Sec. 648.53, the section heading and paragraphs (a), (b), (c),
(d), (e), (g)(1), the introductory text to (h)(2), paragraphs
(h)(2)(i), (h)(2)(v)(B), (h)(3)(i), (h)(3)(ii)(A), (h)(5)(i), and
(h)(5)(ii)(A) are revised to read as follows:

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

(a) The following determinations and allocations for the sea
scallop rotational areas are defined as follows and shall be
established through the specifications or framework adjustment process:
(1) OFL. OFL shall be based on an updated scallop resource and
fishery assessment provided by either the Scallop PDT or a formal stock
assessment. OFL shall include all sources of scallop mortality and
shall include an upward adjustment to account for catch of scallops in
state waters by vessels not issued Federal scallop permits. The fishing
mortality rate (F) associated with OFL shall be the threshold F, above
which overfishing is occurring in the scallop fishery. The F associated
with OFL shall be used to derive specifications for ABC, ACL, and ACT,
as defined in paragraph (a) of this section.
(2) The specification of ABC, ACL, and ACT shall be based upon the
following overfishing definition: The F shall be set so that in access
areas, averaged for all years combined over the period of time that the
area is closed and open to scallop fishing as an access area, it does
not exceed the established F threshold for the scallop fishery; in open
areas it shall not exceed the F threshold for the scallop fishery; and
for access and open areas combined, it is set at a level that has a 75-
percent probability of remaining below the F associated with ABC, as
defined in paragraph (a)(3) of this section, taking into account all
sources of fishing mortality in the limited access and LAGC fleets of
the scallop fishery.
(3) Overall ABC/ACL. The overall ABC for sea scallop fishery shall
be the catch level that has an associated F that has a 75-percent
probability of remaining below the F associated with OFL. The overall
ACL shall be equal to the ABC for the scallop fishery, minus discards
(an estimate of both incidental and discard mortality). The ABC/ACL,
after the discards and deductions specified in paragraph (a)(4) of this
section 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 defined in paragraphs (a)(5) and (6) of
this section, after the deductions outlined in paragraph (a)(4) of this
section.
(4) Deductions from ABC/ACL. Incidental catch, as defined in
paragraph (a)(7) of this section, shall be removed from ABC/ACL. One
percent of ABC/ACL shall be removed from ABC/ACL for observer set-
aside. Scallop catch equal to the value specified in Sec. 648.56(d)
shall be removed from ABC/ACL for research set-aside. These deductions
for incidental catch, observer set-aside, and research set-aside, shall
be made prior to establishing sub-ACLs for the limited access and LAGC
fleets, as specified in paragraphs (a)(5) and (6) of this section.
(5) Limited access fleet sub-ACL and sub-ACT--(i) Limited access
fleet sub-ACL. After applying the deductions as specified in paragraph
(a)(4) of this section, the limited access scallop fleet shall be
allocated a sub-ACL equal to 94.5 percent of the ABC/ACL.
(ii) Limited access fleet sub-ACT. The ACT for the limited access
fishery shall

[[Page 54541]]

be set at a level that has an associated F with a 75-percent
probability of remaining below the F associated with ABC/ACL.
(6) LAGC IFQ fleet sub-ACL and sub-ACT--(i) LAGC IFQ fleet sub-ACL.
After applying the deductions as specified in paragraph (a)(4) of this
section, the LAGC IFQ fleet shall be allocated a sub-ACL equal to 5.5
percent of the ABC/ACL, so that 5 percent of ABC/ACL is allocated to
the LAGC fleet of vessels that do not also have a limited access
scallop permit, and 0.5 percent of the ABC/ACL is allocated to the LAGC
fleet of vessels that have limited access scallop permits. This
specification of sub-ACLs shall not account for catch reductions
associated with the application of AMs or adjustment of the sub-ACL as
a result of the limited access AM exception as specified in paragraph
(c)(1) of this section.
(ii) LAGC IFQ fleet sub-ACT. The LAGC IFQ fishery sub-ACT shall be
equal to the LAGC IFQ fishery's sub-ACL. The sub-ACT for the LAGC IFQ
fishery for vessels issued only a LAGC IFQ scallop permit shall be
equal to 5 percent of the ABC/ACL specified in paragraph (a)(3) of this
section, after applying the deductions as specified in paragraph (a)(4)
of this section. The sub-ACT for the LAGC IFQ fishery for vessels
issued both a LAGC IFQ scallop permit and a limited access scallop
permit shall be 0.5 percent of the ACL specified in paragraph (a)(3) of
this section, after applying the deductions as specified in paragraph
(a)(4) of this section.
(7) Scallop incidental catch target TAC. The annual incidental
catch target TAC is the catch available for harvest for vessels with
incidental catch scallop permits. This incidental catch target will be
removed from the ABC/ACL defined in paragraph (a)(3) of this section
prior to establishing the limited access and LAGC IFQ sub-ACLs and sub-
ACTs defined in paragraphs (a)(5) and (6) of this section.
(8) The following catch limits will be effective for the 2016 and
2017 fishing years:

Scallop Fishery Catch Limits
------------------------------------------------------------------------
2016 2017
Catch limits (mt) (mt) *
------------------------------------------------------------------------
Overfishing Limit..................................... 68,418 68,418
Acceptable Biological Catch/ACL (discards removed).... 37,852 37,852
Incidental Catch...................................... 23 23
Research Set-Aside (RSA).............................. 567 567
Observer Set-Aside.................................... 379 379
ACL for fishery....................................... 36,884 36,884
Limited Access ACL.................................... 34,855 34,855
LAGC ACL.............................................. 2,029 2,029
LAGC IFQ.............................................. 1,845 1,845
Limited Access with LAGC IFQ.......................... 184 184
Limited Access ACT.................................... 18,290 18,290
------------------------------------------------------------------------
* The catch limits for the 2017 fishing year are subject to change
through a future specifications action or framework adjustment.

(b) DAS specifications and allocations. DAS specifications and
allocations for limited access scallop trips in open areas are defined
as follows and shall be specified through the specifications or
framework adjustment processes defined in Sec. 648.55, as follows:
(1) DAS allocations. DAS allocations shall be determined by
distributing the portion of the limited access ACT defined in paragraph
(a)(3) of this section, as reduced by access area allocations defined
in Sec. 648.59, and dividing that amount among vessels in the form of
DAS calculated by applying estimates of open area landings per unit
effort (LPUE) projected through the specifications or framework
adjustment processes used to set annual allocations.
(2) Assignment to DAS categories--(i) Limited access vessels shall
be categorized as full-time, part-time, or occasional. Allocations for
part-time and occasional scallop vessels shall be 40 percent and 8.33
percent of the full-time DAS allocations, respectively.
(ii) Subject to the vessel permit application requirements
specified in Sec. 648.4, for each fishing year, each vessel issued a
limited access scallop permit shall be assigned to the DAS category
(full-time, part-time, or occasional) it was assigned to in the
preceding year, except as provided under the small dredge program
specified in Sec. 648.51(e).
(3) The DAS allocations for limited access scallop vessels for
fishing years 2016 and 2017 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
------------------------------------------------------------------------
* The DAS allocations for the 2017 fishing year are subject to change
through a future specifications action or framework adjustment.

(c) Accountability measures (AM) for limited access vessels. Unless
the limited access AM exception is implemented in accordance with the
provision specified in paragraph (c)(1) of this section, if the limited
access sub-ACL defined in paragraph (a)(5) of this section is exceeded
for the applicable fishing year, the DAS for each limited access vessel
shall be reduced by an amount equal to the amount of landings in excess
of the sub-ACL divided by the applicable LPUE for the fishing year in
which the AM will apply as projected by the specifications or framework
adjustment process specified in Sec. 648.55, then divided by the
number of scallop vessels eligible to be issued a full-time limited
access scallop permit. For example, assuming a 300,000-lb (136-mt)
overage of the limited access fishery's sub-ACL in 2011, an open area
LPUE of 2,500 lb (1.13 mt) per DAS in 2012, and 313 full-time vessels,
each full-time vessel's DAS for 2012 would be reduced by 0.38 DAS
(300,000 lb (136 mt)/2,500 lb (1.13 mt) per DAS = 120 lb (0.05 mt) per
DAS/313 vessels = 0.38 DAS per vessel). Deductions in DAS for part-time
and occasional scallop vessels shall be 40 percent and 8.33 percent of
the full-time DAS deduction, respectively, as calculated pursuant to
paragraph (b)(2) of this section. The AM shall take effect in the
fishing year following the fishing year in which the overage occurred.
For example, landings in excess of the limited access fishery's sub-ACL
in fishing year 2011 would result in the DAS reduction AM in fishing
year 2012. If the AM takes effect, and a limited access vessel uses
more open area DAS in the fishing year in which the AM is applied, the
vessel shall have the DAS used in excess of the allocation after
applying the AM deducted from its open area DAS allocation in the
subsequent fishing year. For example, a vessel initially allocated 32
DAS in 2011 uses all 32 DAS prior to application of the AM. If, after
application of the AM, the vessel's DAS allocation is reduced to 31
DAS, the vessel's DAS in 2012 would be reduced by 1 DAS.
(1) Limited access AM exception. If NMFS determines that the
fishing mortality rate associated with the limited access fleet's
landings in a fishing year is less than 0.34, the AM specified in
paragraph (c) of this section shall not take effect. The fishing
mortality rate of 0.34 is the fishing mortality rate that is one
standard deviation below the fishing mortality rate for the scallop
fishery ACL, currently estimated at 0.38.
(2) Limited access fleet AM and exception provision timing. The
Regional Administrator shall determine whether the limited access fleet

[[Page 54542]]

exceeded its sub-ACL defined in paragraph (a)(5) of this section by
July of the fishing year following the year for which landings are
being evaluated. On or about July 1, the Regional Administrator shall
notify the New England Fishery Management Council of the determination
of whether or not the sub-ACL for the limited access fleet was
exceeded, and the amount of landings in excess of the sub-ACL. Upon
this notification, the Scallop Plan Development Team (PDT) shall
evaluate the overage and determine if the fishing mortality rate
associated with total landings by the limited access scallop fleet is
less than 0.34. On or about September 1 of each year, the Scallop PDT
shall notify the Council of its determination, and the Council, on or
about September 30, shall make a recommendation, based on the Scallop
PDT findings, concerning whether to invoke the limited access AM
exception. If NMFS concurs with the Scallop PDT's recommendation to
invoke the limited access AM exception, in accordance with the APA, the
limited access AM shall not be implemented. If NMFS does not concur, in
accordance with the APA, the limited access AM shall be implemented as
soon as possible after September 30 each year.
(d) End-of-year carry-over for open area DAS. With the exception of
vessels that held a Confirmation of Permit History as described in
Sec. 648.4(a)(2)(i)(J) for the entire fishing year preceding the
carry-over year, limited access vessels that have unused open area DAS
on the last day of February of any year may carry over a maximum of 10
DAS, not to exceed the total open area DAS allocation by permit
category, into the next year. DAS carried over into the next fishing
year may only be used in open areas. Carry-over DAS are accounted for
in setting the sub-ACT for the limited access fleet, as defined in
paragraph (a)(5)(ii) of this section. Therefore, if carry-over DAS
result or contribute to an overage of the ACL, the limited access fleet
AM specified in paragraph (c) of this section would still apply,
provided the AM exception specified in paragraph (c)(1) of this section
is not invoked.
(e) Accrual of DAS. All DAS fished shall be charged to the nearest
minute. A vessel carrying an observer and authorized to be charged
fewer DAS in Open Areas based on the total available DAS set aside
under paragraph (g) of this section shall be charged at a reduced rate
as specified in paragraph (g)(1) of this section.
* * * * *
(g) * * *
(1) To help defray the cost of carrying an observer, 1 percent of
the ABC/ACL defined in paragraph (a)(3) of this section shall be set
aside to be used by vessels that are assigned to take an at-sea
observer on a trip. This observer set-aside is specified through the
specifications or framework adjustment process defined in Sec. 648.55.
* * * * *
(h) * * *
(2) Calculation of IFQ. The ACL allocated to IFQ scallop vessels,
and the ACL allocated to limited access scallop vessels issued IFQ
scallop permits, as defined in paragraph (a)(4) of this section, shall
be used to determine the IFQ of each vessel issued an IFQ scallop
permit. Each fishing year, the Regional Administrator shall provide the
owner of a vessel issued an IFQ scallop permit issued pursuant to Sec.
648.4(a)(2)(ii) with the scallop IFQ for the vessel for the upcoming
fishing year.
(i) Individual fishing quota. The IFQ for an IFQ scallop vessel
shall be the vessel's contribution percentage as specified in paragraph
(h)(2)(iii) of this section and determined using the steps specified in
paragraph (h)(2)(ii) of this section, multiplied by the ACL allocated
to the IFQ scallop fishery, or limited access vessels issued an IFQ
scallop permit, as defined in paragraph (a)(4) of this section.
* * * * *
(v) * * *
(B) For accounting purposes, the combined total of all vessels' IFQ
carry-over shall be added to the LAGC IFQ fleet's applicable sub-ACL
for the carry-over year. Any IFQ carried over that is landed in the
carry-over fishing year shall be counted against the sub-ACL defined in
paragraph (a)(6) of this section, as increased by the total carry-over
for all LAGC IFQ vessels, as specified in this paragraph (h)(2)(v)(B).
IFQ carry-over shall not be applicable to the calculation of the IFQ
cap specified in paragraph (h)(3)(i) of this section and the ownership
cap specified in paragraph (h)(3)(ii) of this section.
* * * * *
(3) * * *
(i) IFQ scallop vessel IFQ cap. (A) Unless otherwise specified in
paragraphs (h)(3)(i)(B) and (C) of this section, a vessel issued an IFQ
scallop permit or confirmation of permit history shall not be issued
more than 2.5 percent of the sub-ACL allocated to the IFQ scallop
vessels as described in paragraph (a)(6) of this section.
(B) A vessel may be initially issued more than 2.5 percent of the
sub-ACL allocated to the IFQ scallop vessels as described in paragraph
(a)(6) of this section, if the initial determination of its
contribution factor specified in accordance with Sec.
648.4(a)(2)(ii)(E) and paragraph (h)(2)(ii) of this section, results in
an IFQ that exceeds 2.5 percent of the sub-ACL allocated to the IFQ
scallop vessels as described in paragraph (a)(6) of this section. A
vessel that is allocated an IFQ that exceeds 2.5 percent of the sub-ACL
allocated to the IFQ scallop vessels as described in paragraph (a)(6)
of this section, in accordance with this paragraph (h)(3)(i)(B), may
not receive IFQ through an IFQ transfer, as specified in paragraph
(h)(5) of this section. All scallops that have been allocated as part
of the original IFQ allocation or transferred to a vessel during a
given fishing year shall be counted towards the vessel cap.
(C) A vessel initially issued a 2008 IFQ scallop permit or
confirmation of permit history, or that was issued or renewed a limited
access scallop permit or confirmation of permit history for a vessel in
2009 and thereafter, in compliance with the ownership restrictions in
paragraph (h)(3)(i)(A) of this section, is eligible to renew such
permit(s) and/or confirmation(s) of permit history, regardless of
whether the renewal of the permit or confirmations of permit history
will result in the 2.5-percent IFQ cap restriction being exceeded.
(ii) * * *
(A) For any vessel acquired after June 1, 2008, a vessel owner is
not eligible to be issued an IFQ scallop permit for the vessel, and/or
a confirmation of permit history, and is not eligible to transfer IFQ
to the vessel, if, as a result of the issuance of the permit and/or
confirmation of permit history, or IFQ transfer, the vessel owner, or
any other person who is a shareholder or partner of the vessel owner,
will have an ownership interest in more than 5 percent of the sub-ACL
allocated to the IFQ scallop vessels as described in paragraph (a)(6)
of this section.
* * * * *
(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. IFQ, once temporarily transferred,
cannot be

[[Page 54543]]

temporarily transferred again to another vessel. 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.
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. 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.
* * * * *
0
8. In Sec. 648.54, paragraph (e) is revised to read as follows:

Sec. 648.54 State waters exemption.

* * * * *
(e) Notification requirements. Vessels fishing under the exemptions
specified in paragraph (b), (c), and/or (d) of this section must notify
the Regional Administrator in accordance with the provisions of Sec.
648.10(f).
* * * * *
0
9. Amend Sec. 648.55 by:
0
a. Revising the section heading and paragraph (a);
0
b. Removing and reserving paragraph (b);
0
c. Revising paragraph (c);
0
d. Removing and reserving paragraph (e);
0
e. Revising the introductory text to paragraph (f) and paragraph
(f)(38).
The revisions read as follows:

Sec. 648.55 Specifications and framework adjustments to management
measures.

(a) Specifications. (1) The Scallop Plan Development Team (PDT)
shall meet at least every two years to assess the status of the scallop
resource and to develop and recommend the following specifications for
a period of up to 2 years, as well as second or third-year default
measures, for consideration by the New England Fishery Management
Council's Atlantic Sea Scallop Oversight Committee and Advisory Panel:
OFL, overall ABC/ACL, sub-ACLs, sub-ACTs, DAS open area allocations,
possession limits, modifications to rotational area management (e.g.,
schedule, rotational closures and openings, seasonal restrictions,
modifications to boundaries, etc.), access area limited access poundage
allocations and LAGC IFQ fleet-wide trip allocations, annual incidental
catch target TAC, and NGOM TAC.
(2) Based on the PDT recommendations and any public comments
received, the Atlantic Sea Scallop Oversight Committee shall recommend
appropriate specifications to the New England Fishery Management
Council.
(3) The Council shall review these recommendations and, after
considering public comments, shall recommend appropriate specifications
for up to 2 years, as well as second or third-year default measures, to
NMFS. NMFS shall approve, disapprove, or partially approve the
specifications recommended by the Council and publish the approved
specifications in the Federal Register in accordance with the APA.
(4) The PDT shall prepare a Stock Assessment and Fishery Evaluation
(SAFE) Report at least every two years that provides the information
and analysis needed to evaluate potential management adjustments. The
preparation of the SAFE Report shall begin on or about June 1 of the
year preceding the fishing year in which measures will be adjusted.
(5) The PDT will meet at least once during the interim years to
review the status of the stock relative to the overfishing definition
if information is available to do so. If the Council determines, based
on information provided by the PDT or other stock-related information,
that the approved specifications should be adjusted during the 2-year
time period, it can do so through the same process outlined in
paragraphs (a)(2) through (4) of this section during the interim year.
(6) Rotational area management guidelines. The Council's
development of rotational area management adjustments shall take into
account at least the following factors: General rotation policy;
boundaries and distribution of rotational closures; number of closures;
minimum closure size; maximum closure extent; enforceability of
rotational closed and re-opened areas; monitoring through resource
surveys; and re-opening criteria. Rotational closures should be
considered where projected annual change in scallop biomass is greater
than 30 percent. Areas should be considered for Sea Scallop Rotational
Areas where the projected annual change in scallop biomass is less than
15 percent.
(7) Second and third-year default specifications. The
specifications action shall include default specifications that shall
be effective in the second year after 1-year specifications and the
third year after the 2-year specifications expire until replaced by the
measures included in the next specifications action. If the
specifications action is not published in the Federal Register with an
effective date on or before April 1, the following year's default
specifications shall be effective beginning April 1 of each fishing
year until any new specifications action is implemented and made
effective during the second or third year, or for the entire fishing
year if the specifications action is not completed or is not
implemented by NMFS during the following year. The specifications
action shall specify the measures necessary to address inconsistencies
between specifications and default allocations for the period after
April 1 but before the specifications action is implemented for that
year. The default specifications, if implemented, shall remain in
effect until they are revised through a subsequent specifications
action.
* * * * *
(c) OFL, overall ABC/ACL, sub-ACLs, and sub-ACTs. The Council shall
specify OFL, ABC, ACL, and ACT, as defined in Sec. 648.53, for each
year covered under the specifications.
* * * * *
(f) Framework adjustments. The Council may at any time initiate a
framework adjustment to add or adjust management measures within the
Scallop FMP if it finds that action is necessary to meet or be
consistent with the goals and objectives of the FMP. The Council shall
develop and analyze appropriate management actions over the span of at
least two Council meetings. To address interactions between the scallop
fishery and sea turtles and other protected species, such adjustments
may include proactive measures including, but not limited to, the
timing of Sea Scallop Access Area openings, seasonal closures, gear
modifications, increased observer coverage, and additional research.
The Council shall provide the public with advance notice of the
availability of both the proposals and the analyses, and opportunity to
comment on them prior to and at the second Council meeting. The
Council's recommendation on adjustments or additions to management

[[Page 54544]]

measures may include specifications measures specified in paragraph (a)
of this section, which must satisfy the criteria set forth Sec.
648.53(a) in order to prevent overfishing of the available biomass of
scallops and ensure that OY is achieved on a continuing basis. Other
measures that may be changed or implemented through framework action
include:
* * * * *
(38) Adjustments to aspects of ACL management, including
accountability measures;
* * * * *
0
10. In Sec. 648.56, paragraphs (a), (d), (f), and (g) are revised to
read as follows:

Sec. 648.56 Scallop research.

(a) At least biennially, in association with the biennial framework
process, the Council and NMFS shall prepare and issue an announcement
of Federal Funding Opportunity (FFO) that identifies research
priorities for projects to be conducted by vessels using research set-
aside as specified in paragraph (d) of this section and Sec.
648.59(e), provides requirements and instructions for applying for
funding of a proposed RSA project, and specifies the date by which
applications must be received. The FFO shall be published as soon as
possible by NMFS and shall provide the opportunity for applicants to
apply for projects to be awarded for 1 or 2 years by allowing
applicants to apply for RSA funding for the first year, second year, or
both.
* * * * *
(d) Available RSA allocation shall be 1.25 million lb (567 mt)
annually, which shall be deducted from the ABC/ACL specified in Sec.
648.53(a) prior to setting ACLs for the limited access and LAGC fleets,
as specified in Sec. 648.53(a)(3) and (4), respectively. Approved RSA
projects shall be allocated an amount of scallop pounds that can be
harvested in open areas and available access areas. The specific access
areas that are open to RSA harvest shall be specified through the
framework process as identified in Sec. 648.59(e)(1). In a year in
which a framework adjustment is under review by the Council and/or
NMFS, NMFS shall make RSA awards prior to approval of the framework, if
practicable, based on total scallop pounds needed to fund each research
project. Recipients may begin compensation fishing in open areas prior
to approval of the framework, or wait until NMFS approval of the
framework to begin compensation fishing within approved access areas
* * * * *
(f) If all RSA pounds awarded to a project cannot be harvested
during the applicable fishing year, RSA TAC awarded to that project may
be harvested through June 30 of the fishing year subsequent to the
fishing year in which the set-aside is awarded.
(g) Vessels conducting research under an approved RSA project may
be exempt from crew restrictions specified in Sec. 648.51, seasonal
closures of access areas specified in Sec. 648.60, and the restriction
on fishing in only one access area during a trip specified in Sec.
648.59(b)(4). The RSA project proposal must list which of these
measures for which an exemption is required. An exemption shall be
provided by Letter of Authorization issued by the Regional
Administrator. RSA compensation fishing trips and combined compensation
and research trips are not eligible for these exemptions.
* * * * *

Sec. 648.57 [Removed and reserved]

0
11. Remove and reserve Sec. 648.57.

Sec. 648.58 [Removed and reserved]

0
12. Remove and reserve Sec. 648.58.
0
13. Revise Sec. 648.59 to read as follows:

Sec. 648.59 Sea Scallop Rotational Area Management Program and Access
Area Program requirements.

(a) The Sea Scallop Rotational Area Management Program consists of
Scallop Rotational Areas, as defined in Sec. 648.2. Guidelines for
this area rotation program (i.e., when to close an area and reopen it
to scallop fishing) are provided in Sec. 648.55(a)(6). Whether a
rotational area is open or closed to scallop fishing in a given year,
and the appropriate level of access by limited access and LAGC IFQ
vessels, are specified through the specifications or framework
adjustment processes defined in Sec. 648.55. When a rotational area is
open to the scallop fishery, it is called an Access Area and scallop
vessels fishing in the area are subject to the Access Area Program
Requirements specified in this section. Areas not defined as Scallop
Rotational Areas specified in Sec. 648.60, EFH Closed Areas specified
in Sec. 648.61, or areas closed to scallop fishing under other FMPs,
are governed by other management measures and restrictions in this part
and are referred to as Open Areas.
(1) When a Scallop Rotational Area is closed to scallop fishing, a
vessel issued any scallop permit may not fish for, possess, or land
scallops in or from the area unless the vessel is transiting pursuant
to paragraph (a)(2) of this section. A vessel may fish for species
other than scallops within the rotational closed areas, provided the
vessel does not fish for, catch, or retain scallops or intend to fish
for, catch, or retain scallops. When a Scallop Rotational Area is open
to scallop fishing (henceforth referred to as an Access Area), a
scallop vessel may not fish for, possess, or land scallops in or from
the area unless it is participating in, and complies with the
requirements of, the Scallop Access Area Program Requirements defined
in paragraphs (b) through (g) of this section or the vessel is
transiting pursuant to paragraph (a)(3) of this section.
(2) Transiting a Closed Scallop Rotational Area. No vessel
possessing scallops may enter or be in the area(s) specified in this
section when those areas are closed, as specified through the
specifications or framework adjustment processes defined in Sec.
648.55, 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 Scallop Rotational Area or the Closed Area II Extension
Scallop Rotational Area, as defined Sec. 648.60(d) and (e),
respectively, or the Elephant Trunk Closed Area, as defined in Sec.
648.60(b), if there is a compelling safety reason for transiting the
area and the vessel's fishing gear is stowed and not available for
immediate use as defined in Sec. 648.2.
(3) Transiting a Scallop Access Area. Any sea scallop vessel that
has not declared a trip into the Scallop Area Access Program may enter
a Scallop Access Area, and possess scallops not caught in the Scallop
Access Areas, for transiting purposes only, provided the vessel's
fishing gear is stowed and not available for immediate use as defined
in Sec. 648.2. Any scallop vessel that has declared a trip into the
Scallop Area Access Program may not enter or be in another Scallop
Access Area on the same trip except such vessel may transit another
Scallop Access Area provided its 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 Scallop Rotational Area or
the Closed Area II Extension Scallop Rotational Area, as defined in
Sec. 648.60(d) and (e), respectively, or the Elephant Trunk Closed
Area, as defined in Sec. 648.60(b) if there is a compelling safety
reason for transiting the area and the vessel's fishing gear is stowed
and not available for immediate use as defined in Sec. 648.2.

[[Page 54545]]

(b) A limited access scallop vessel may only fish in the Scallop
Rotational Areas, defined in Sec. 648.60, when the areas are open
(i.e., Access Areas), as specified through the specifications or
framework adjustment processes defined in Sec. 648.55, subject to any
additional restrictions specified in Sec. 648.60, provided the vessel
complies with the requirements specified in paragraphs (b)(1) through
(b)(9), and (c) through (f) of this section. An LAGC scallop vessel may
fish in the Scallop Rotational Areas, defined in Sec. 648.60, when the
areas are open (i.e., Access Areas), as specified through the
specifications or framework adjustment processes defined in Sec.
648.55, subject to any additional requirements specified in Sec.
648.60, provided the vessel complies with the requirements specified in
paragraph (g) of this section.
(1) VMS. Each vessel participating in the Scallop Access Area
Program must have installed on board an operational VMS unit that meets
the minimum performance criteria specified in Sec. Sec. 648.9 and
648.10, and paragraphs (b)(9) and (f) of this section.
(2) Vessels participating in the Scallop Access Area Program must
comply with the trip declaration requirements specified in Sec.
648.10(f) and vessel notification requirements specified in Sec.
648.11(g) for observer deployment.
(3) Scallop Access Area Allocations--(i) Limited access vessel
allocations and possession limits. (A) Except as provided in paragraph
(c) of this section, the specifications or framework adjustment
processes defined in Sec. 648.55 determine the total amount of
scallops, in weight, that a limited access scallop vessel may harvest
from Scallop Access Areas during applicable seasons specified in Sec.
648.60. A vessel may not possess or land in excess of its scallop
allocation assigned to specific 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 (b)(3)(ii) of this section. A
vessel may harvest its scallop allocation on any number of trips in a
given fishing year, provided that no single trip exceeds the possession
limits specified in the specifications or framework adjustment
processes defined in Sec. 648.55, unless authorized by the Regional
Administrator, as specified in paragraphs (c) and (d) of this section.
No vessel declared into the Scallop Access Areas may possess more than
50 bu (17.62 hL) of in-shell scallops outside of the Scallop Rotational
Area boundaries defined in Sec. 648.60.
(B) The following access area allocations and possession limits for
limited access vessels will be effective for the 2016 and 2017 fishing
years:

----------------------------------------------------------------------------------------------------------------
Permit category
Fishing year Access area ----------------------------------------------------------
Full-time Part-time Occasional
----------------------------------------------------------------------------------------------------------------
2016......... Mid-Atlantic Allocation........ 51,000 lb (23,133 20,400 lb (9,253 4,250 lb (1,928
Access Area. Possession limit.. kg). kg). kg).
17,000 lb (57,711 10,200 lb (4,627 1,420 lb (644
kg). kg). kg).
2017 *....... Mid-Atlantic Allocation........ 17,000 lb (57,711 10,200 lb (4,627 1,420 lb (644
Access Area. Possession limit.. kg). kg). kg).
17,000 lb (57,711 10,200 lb (4,627 1,420 lb (644
kg). kg). kg).
----------------------------------------------------------------------------------------------------------------
* The limited access fishery's access area allocations and possession limits for the 2017 fishing year are
subject to change through a future specifications action or framework adjustment.

(ii) Limited access vessels' one-for-one area access allocation
exchanges. The owner of a vessel issued a limited access scallop permit
may exchange unharvested scallop pounds allocated into one access area
for another vessel's unharvested scallop pounds allocated into another
Scallop Access Area. These exchanges may only be made for the amount of
the current trip possession limit, as specified in paragraph
(b)(3)(i)(B) of this section. For example, if the access area trip
possession limit for full-time vessels is 17,000 lb (7,711 kg), a full-
time vessel may exchange no less than 17,000 lb (7,711 kg), from one
access area for no more or less than 17,000 lb (7,711 kg) allocated to
another vessel for another access area. In addition, these exchanges
may be made only between vessels with the same permit category: A full-
time vessel may not exchange allocations with a part-time vessel, and
vice versa. Vessel owners must request these exchanges by submitting a
completed Access Area Allocation Exchange Form at least 15 days before
the date on which the applicant desires the exchange to be effective.
Exchange forms are available from the Regional Administrator upon
request. Each vessel owner involved in an exchange is required to
submit a completed Access Area Allocation Form. The Regional
Administrator shall review the records for each vessel to confirm that
each vessel has enough unharvested allocation remaining in a given
access area to exchange. The exchange is not effective until the vessel
owner(s) receive a confirmation in writing from the Regional
Administrator that the allocation exchange has been made effective. A
vessel owner may exchange equal allocations up to the current
possession limit between two or more vessels under his/her ownership. A
vessel owner holding a Confirmation of Permit History is not eligible
to exchange allocations between another vessel and the vessel for which
a Confirmation of Permit History has been issued.
(4) Area fished. While on a Scallop Access Area trip, a vessel may
not fish for, possess, or land scallops in or from areas outside the
Scallop Access Area in which the vessel operator has declared the
vessel will fish during that trip, and may not enter or exit the
specific declared Scallop Access Area more than once per trip. A vessel
on a Scallop Access Area trip may not enter or be in another Scallop
Access Area on the same trip except such vessel may transit another
Scallop Access Area as provided for under paragraph (a)(3) of this
section.
(5) NE multispecies possession limits--(i) Maximum possession limit
of NE multispecies combined. A vessel owner or operator of a limited
access scallop vessel issued a valid NE multispecies permit as
specified in Sec. 648.4(a)(1), that has declared into a Scallop Access
Area and fishes within the open Scallop Rotational Area boundaries
defined in Sec. 648.60, may fish for, possess, and land, per trip, up
to a maximum of 1,000 lb (453.6 kg) of all NE multispecies combined,
excluding yellowtail flounder, subject to the minimum commercial fish
size restrictions specified in Sec. 648.83(a)(1), and the additional
restrictions for Atlantic cod, haddock, and yellowtail flounder
specified in paragraphs (b)(5)(ii) through (iv) of this section.
(ii) Atlantic cod. Such vessel may bring onboard and possess only
up to 100 lb (45.4 kg) of Atlantic cod per trip, provided such fish is
intended for

[[Page 54546]]

personal use only and cannot be not sold, traded, or bartered.
(iii) Haddock. Such vessel may possess and land haddock up to the
overall possession limit of all NE multispecies combined, as specified
in paragraph (b)(5)(ii) of this section, except that such vessel are
prohibited from possessing or landing haddock from January 1 through
June 30.
(iv) Yellowtail flounder. Such vessel is prohibited from fishing
for, possessing, or landing yellowtail flounder.
(6) Gear restrictions. (i) The minimum ring size for dredge gear
used by a vessel fishing on a Scallop Access Area trip is 4 inches
(10.2 cm) in diameter. Dredge or trawl gear used by a vessel fishing on
a Scallop Access Area trip must be in accordance with the restrictions
specified in Sec. 648.51(a) and (b).
(ii) Vessels fishing in the Closed Area I, Closed Area II, Closed
Area II Extension, and Nantucket Lightship Scallop Rotational Areas
defined in Sec. 648.60 are prohibited from fishing with trawl gear as
specified in Sec. 648.51(f)(1).
(7) Transiting. While outside a Sea Scallop Access Area (i.e., in
open areas) on a Scallop Access Area trip, the vessel must have all
fishing gear stowed and not available for immediate use as defined in
Sec. 648.2, unless there is a compelling safety reason to be
transiting open areas without gear stowed. Regulations pertaining to
transiting Scallop Rotational Areas are provided for under paragraph
(a)(3) of this section.
(8) Off-loading restrictions. The vessel may not offload its catch
from a Scallop Access Area trip at more than one location per trip.
(9) Reporting. The owner or operator must submit scallop catch
reports through the VMS, as specified in Sec. 648.10(f)(4)(i), and
limited access scallop access area pre-landing notification forms, as
specified in Sec. 648.10(f)(4)(iii).
(c) Scallop Access Area scallop allocation carryover. With the
exception of vessels that held a Confirmation of Permit History as
described in Sec. 648.4(a)(2)(i)(J) for the entire fishing year
preceding the carry-over year, 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 Scallop Access Area is open, unless otherwise specified in this
section. 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 through the
specifications or framework adjustment processes defined in Sec.
648.55, if a Scallop 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.
(d) Increase in possession limit to defray costs of observers--The
Regional Administrator may increase the sea scallop possession limit
through the specifications or framework adjustment processes defined in
Sec. 648.55 to defray costs of at-sea observers deployed on area
access trips subject to the limits specified Sec. 648.53(g). An owner
of a scallop vessel shall be notified of the increase in the possession
limit through a permit holder letter issued by the Regional
Administrator. If the observer set-aside is fully utilized prior to the
end of the fishing year, the Regional Administrator shall notify owners
of scallop vessels that, effective on a specified date, the increase in
the possession limit is no longer available to offset the cost of
observers. Unless otherwise notified by the Regional Administrator,
vessel owners shall be responsible for paying the cost of the observer,
regardless of whether the vessel lands or sells sea scallops on that
trip, and regardless of the availability of set-aside for an increased
possession limit.
(e) Sea Scallop Research Set-Aside Harvest in Scallop Access
Areas.--Unless otherwise specified, RSA may be harvested in any access
area that is open in a given fishing year, as specified through a
specifications action or 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.
(f) VMS polling. For the duration of the Sea Scallop Area Access
Program, as defined in this section, all sea scallop vessels equipped
with a VMS unit shall be polled at a minimum of twice per hour,
regardless of whether the vessel is enrolled in the Sea Scallop Area
Access Program. Vessel owners shall be responsible for paying the costs
of polling twice per hour.
(g) Limited Access General Category vessels. (1) An LAGC scallop
vessel may only fish in the scallop rotational areas specified in Sec.
648.60 or in paragraph (g)(3)(iv) of this section, subject to any
additional restrictions specified in Sec. 648.60, subject to the
possession limit and access area schedule specified in the
specifications or framework adjustment processes defined in Sec.
648.55, provided the vessel complies with the requirements specified in
paragraphs (b)(1), (b)(2), (b)(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, Closed
Area II Extension, and Nantucket Lightship Scallop Rotational Areas
specified in Sec. 648.60, when open, provided the vessel complies with
the requirements specified in Sec. 648.59 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 Scallop Rotational Areas
specified in Sec. 648.60 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, Closed Area II
Extension, 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 Scallop Rotational
Areas defined in Sec. 648.60 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 Scallop Rotational Areas specified in Sec.
648.60 or in paragraph (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. All LAGC
IFQ access area trips must be taken in the fishing year that they are
allocated (i.e., there are no carryover trips). The total number of
LAGC IFQ trips in an Access Area is specified in the specifications or
framework adjustment processes defined in Sec. 648.55.
(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

[[Page 54547]]

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, defined 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 defined in this section or the
vessel is transiting pursuant to Sec. 648.59(a)(3).
(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):

(v) The following LAGC IFQ access area allocations will be
effective for the 2016 and 2017 fishing years:

------------------------------------------------------------------------
Scallop rotational area 2016 2017 *
------------------------------------------------------------------------
Mid-Atlantic Access Area.............................. 2,068 602
Nantucket Lightship North............................. 485 0
------------------------------------------------------------------------
* The LAGC IFQ access area trip allocations for the 2017 fishing year
are subject to change through a future specifications action or
framework adjustment.

(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 declared into the Scallop Access Area Program, is
prohibited from possessing scallops. An LAGC scallop vessel authorized
to fish in the Scallop Rotational Areas specified in Sec. 648.60 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 Closed Area I, Closed Area II,
Closed Area II Extension, and Nantucket Lightship Rotational Areas
specified in Sec. 648.60, and the Nantucket Lightship North Sea
Scallop Access Area specified in paragraph (g)(3)(iv) of this section
is prohibited from possessing any species of fish other than scallops
and monkfish, as specified in Sec. 648.94(c)(8)(i). Such a vessel may
fish in an approved SAP under Sec. 648.85 and under multispecies DAS
in the scallop access area, provided that it has not declared into the
Scallop Access Area Program. Such a vessel is prohibited from fishing
for, possessing, or landing scallops.
0
14. Revise Sec. 648.60 to read as follows:

Sec. 648.60 Sea Scallop Rotational Areas.

(a) Mid-Atlantic Scallop Rotational Area. (1) The Mid-Atlantic
Scallop Rotational Area is comprised of the following scallop access
areas: The Delmarva Scallop Rotational Area, as defined in paragraph
(a)(2) of this section; the Elephant Trunk Scallop Rotational Area, as
defined in paragraph (a)(3) of this section; and the Hudson Canyon
Scallop Rotational Area, as defined in paragraph (a)(4) of this
section.
(2) Delmarva Scallop Rotational Area. The Delmarva Scallop
Rotational 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):

(3) Elephant Trunk Scallop Rotational Area. The Elephant Trunk
Scallop Rotational 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
------------------------------------------------------------------------
ETAA1............................ 38[deg]30' N. 74[deg]20' W.
ETAA2............................ 38[deg]30' N. 73[deg]50' W.
ETAA3............................ 38[deg]40' N. 73[deg]50' W.
ETAA4............................ 38[deg]40' N. 73[deg]40' W.
ETAA5............................ 38[deg]50' N. 73[deg]40' W.
ETAA6............................ 38[deg]50' N. 73[deg]30' W.
ETAA7............................ 38[deg]10' N. 73[deg]30' W.
ETAA8............................ 38[deg]10' N. 74[deg]20' W.
ETAA1............................ 38[deg]30' N. 74[deg]20' W.
------------------------------------------------------------------------

(4) Hudson Canyon Scallop Rotational Area. The Hudson Canyon
Scallop Rotational 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.
------------------------------------------------------------------------

(b) Elephant Trunk Closed Area. The Elephant Trunk 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
------------------------------------------------------------------------
ETCA 1........................... 38[deg]50' N. 74[deg]20' W.
ETCA 2........................... 38[deg]50' N. 73[deg]40' W.
ETCA 3........................... 38[deg]40' N. 73[deg]40' W.
ETCA 4........................... 38[deg]40' N. 73[deg]50' W.
ETCA 5........................... 38[deg]30' N. 73[deg]50' W.
ETCA 6........................... 38[deg]30' N. 74[deg]20' W.
ETCA 1........................... 38[deg]50' N. 74[deg]20' W.
------------------------------------------------------------------------

(c) Closed Area I Scallop Rotational Area. (1) The Closed Area I
Scallop Rotational 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:

[[Page 54548]]

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).

(d) Closed Area II Scallop Rotational Area. (1) The Closed Area II
Scallop Rotational 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) 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 Rotational Area, defined in paragraph (d)(1) 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 Sec. 648.59(a).
(e) Closed Area II Extension Scallop Rotational Area. The Closed
Area II Extension Rotational 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.

(f) Nantucket Lightship Scallop Rotational Area. (1) The Nantucket
Lightship Scallop Rotational 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.
------------------------------------------------------------------------

0
15. In Sec. 648.62, paragraphs (a)(3), the introductory text to
paragraph (b), paragraph (b)(3), and (c) are revised to read as
follows:

Sec. 648.62 Northern Gulf of Maine (NGOM) Management Program.

(a)* * *
(3) Scallop landings by all vessels issued LAGC IFQ scallop permits
and fishing in the NGOM scallop management area shall be deducted from
the NGOM scallop total allowable catch specified in the specifications
or framework adjustment processes defined in Sec. 648.55. Scallop
landings by IFQ scallop vessels fishing in the NGOM scallop management
area shall be deducted from their respective scallop IFQs. Landings by
incidental catch scallop vessels and limited access scallop vessels
fishing under the scallop DAS program shall not be deducted from the
NGOM total allowable catch specified in paragraph (b) of this section.
* * * * *
(b) Total allowable catch. The total allowable catch for the NGOM
scallop management area shall be specified through the framework
adjustment process. The total allowable catch for the NGOM scallop
management area shall be based on the Federal portion of the scallop
resource in the NGOM. The total allowable catch shall be determined by
historical landings until additional information on the NGOM scallop
resource is available, for example through an NGOM resource survey and
assessment. The ABC/ACL as defined in Sec. 648.53(a) shall not include
the total allowable catch for the NGOM scallop management area, and
landings from the NGOM scallop management area shall not be counted
against the ABC/ACL defined in Sec. 648.53(a).
* * * * *
(3) If the annual NGOM TAC is exceeded, the amount of NGOM scallop
landings in excess of the TAC specified in paragraph (b)(1) of this
section shall be deducted from the NGOM TAC for the subsequent fishing
year, as soon as practicable, once scallop landings data for the NGOM
fishery is available.
(c) VMS requirements. Except scallop vessels issued a limited
access scallop permit pursuant to Sec. 648.4(a)(2)(i) that have
declared a trip under the scallop DAS program, a vessel issued a
scallop permit pursuant to Sec. 648.4(a)(2) that intends to fish for
scallops in the NGOM

[[Page 54549]]

scallop management area or fishes for, possesses, or lands scallops in
or from the NGOM scallop management area, must declare a NGOM scallop
management area trip and report scallop catch through the vessel's VMS
unit, as required in Sec. 648.10. If the vessel has a NGOM permit, the
vessel must declare either a Federal NGOM trip or a state-waters NGOM
trip. If a vessel intends to fish any part of a NGOM trip in Federal
NGOM waters, it may not declare into the state water NGOM fishery.
* * * * *
0
16. In Sec. 648.63, paragraph (b)(2)(iii) is revised to read as
follows:

Sec. 648.63 General category Sectors and harvesting cooperatives.

* * * * *
(b) * * *
(2) * * *
(iii) A sector shall not be allocated more than 20 percent of the
ACL for IFQ vessels defined in Sec. 648.53(a)(4).
* * * * *
0
17. In Sec. 648.64, paragraph (e) is revised to read as follows:

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

* * * * *
(e) 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 a yellowtail
flounder sub-ACL was exceeded, or is projected to be exceeded, by
scallop vessels prior to the end of the scallop fishing year. 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 applicable yellowtail flounder stock, in accordance with the
values specified in paragraph (a) of this section. Based on this
initial projection in mid-January, the Regional Administrator shall
implement the AM in accordance with the APA and notify owners of
limited access and LAGC scallop vessels by letter identifying the
length of the closure and a summary of the yellowtail flounder catch,
overage, and projection that resulted in the closure.
(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 a
yellowtail flounder sub-ACL was exceeded by scallop vessels following
the end of the scallop fishing year. The determination shall include
the amount of the overage, specified as a percentage of the overall
sub-ACL for the applicable yellowtail 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 notify owners of limited access and LAGC
scallop vessels by letter identifying the length of the closure and a
summary of the yellowtail flounder catch and overage information.
* * * * *
0
18. In Sec. 648.65, paragraph (c) is revised to read as follows:

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

* * * * *
(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. 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 following the end of the scallop fishing year. 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. 2016-19465 Filed 8-15-16; 8:45 am]
BILLING CODE 3510-22-P

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