Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Amendment 19, 76516-76530 [2016-25963]
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[FR Doc. 2016–26555 Filed 11–2–16; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 160126052–6974–02]
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: Final rule.
AGENCY:
This final rule implements
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 establishes a
SUMMARY:
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specifications process outside of the
current framework adjustment process
and adjusts the start of the scallop
fishing year from March 1 to April 1.
These changes will help reduce
potential economic and biological
consequences from late implementation
of specifications and reduce the overall
administrative burden associated with
late implementation. As a result of these
changes, NMFS will be able to
implement simple specifications actions
at the start of the fishing year on a more
consistent basis.
DATES: Effective December 5, 2016.
ADDRESSES: The Council developed an
environmental assessment (EA) for this
action that describes these measures and
other considered alternatives and
provides a thorough analysis of the
impacts of the measures and
alternatives. Copies of the Amendment,
the EA, and the Regulatory Flexibility
Analysis (RFA), are available upon
request from Thomas A. Nies, Executive
Director, New England Fishery
Management Council, 50 Water Street,
Newburyport, MA 01950.
Copies of the small entity compliance
guide are available from John K.
Bullard, Regional Administrator, NMFS,
Greater Atlantic Regional Fisheries
Office, 55 Great Republic Drive,
Gloucester, MA 01930–2298, or
available on the Internet at https://
www.greateratlantic.fisheries.noaa.gov/
sustainable/species/scallop/.
FOR FURTHER INFORMATION CONTACT:
Travis Ford, Fishery Policy Analyst,
978–281–9233.
SUPPLEMENTARY INFORMATION:
Background
The Council adopted Amendment 19
to the Atlantic Sea Scallop Fishery
Management Plan (FMP) at its December
3, 2015, meeting and submitted the
amendment to NMFS on June 16, 2016.
NMFS published a notice of availability
on July 20, 2016 (81 FR 47152), and a
proposed rule, including a reference on
how to obtain the amendment and the
draft final EA, for approving and
implementing Amendment 19 on
August 16, 2016 (81 FR 54533). The
NOA included a 60-day public comment
period that closed on September 19,
2016, and the proposed rule included a
30-day public comment period that
closed on September 15, 2016. NMFS
reviewed and finalized the amendment
document to ensure consistency with
the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), the Scallop
FMP, and other applicable laws. NMFS
approved Amendment 19 in its entirety.
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In order to incorporate the most
recent available scallop survey
information, which has proved essential
in setting appropriate access area catch
levels, the Council has been taking final
action in November or December, and
NMFS has typically implemented
allocations in May or June. Prior to this
action, this would result in allocations
for a given fishing year in place 2 to 3
months after the March 1 start of the
fishing year.
To address these timing issues while
still supporting the current timeline for
integrating the best available science in
to the management process,
Amendment 19 establishes a
specifications process so that allocations
do not need to be tied to more complex
actions like frameworks or amendments
that tend to have longer development,
review, and implementation timelines;
and adjusts the scallop fishing year to
April 1 through March 31.
Allowing for Allocations To Be Set
Through Specifications Actions
Amendment 19 creates a new
specifications process for the Scallop
FMP. Adding the ability to adjust
allocations through a specifications
setting process produces some time
savings because the Council will not be
required to discuss measures over the
course of two Council meetings, as is
required under a framework. In
addition, measures developed in a
specifications action will be limited to
those related to allocations and
possession limits. This means that some
of the more complicated management
measures typically contained in
frameworks will not be included, thus
the development and rulemaking for
these actions will be simplified.
Although developing a specifications
action will save some time in the
development of allocations, it would not
guarantee allocations will be in place by
March 1 of each year. It is more likely
that allocations could be implemented
on April 1, a month after the current
start of the fishing year.
The Council will not be required to
set scallop allocations through a
specifications action and could utilize a
framework to develop more robust
management measures, but more
complicated actions and more
management measures under
consideration generally means the
action will take longer to develop,
review, and implement.
Changing the Start of the Fishing Year
to April 1
Because a specifications action would
more likely be implemented on April 1,
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Amendment 19 changes the scallop
fishing year to April 1 through March
31. Pushing the fishing year back one
month will increase the likelihood that
NMFS will 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 their business
planning, this measure will not be
effective until fishing year 2018.
Because the current fishing year began
on March 1, 2016, fishing year 2016 will
not be affected by this change. Fishing
year 2017 will 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 will officially change for
fishing year 2018 and beyond.
Amendment 19 also adjusts the
scallop permit year so that it continues
to match the official fishing year (i.e.,
scallop permits will need to be renewed
by April 1 of each year). This change is
also effective beginning in fishing year
2018.
Regulatory 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 rule includes
revisions to the regulatory text that
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 allow future specifications-setting
actions to be implemented sooner by
avoiding the need to make extensive
regulatory changes for each
specifications-setting action. These
changes are 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 MagnusonStevens Act.
To accommodate the specifications
process and simplify the scallop
regulations, NMFS makes the following
changes to regulatory text: Revising the
definitions in § 648.2 to remove the
unnecessary distinction between
Rotational Closed Areas and Scallop
Access Areas; consolidating all of the
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76517
allocations into a single table in
§ 648.53; condensing the explanations of
OFL, ABC, and ACL into § 648.53,
which creates a single section dedicated
to all of the catch limits (the current
regulations have this information
repeated again at § 648.55, which NMFS
removed); removing §§ 648.57 and
648.58 and integrating them into
§§ 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 makes 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 § 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 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);
and 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, NMFS
is updating references throughout the
scallop regulations that NMFS has
changed based on the regulatory
adjustments. NMFS has included a
summary of all of the regulatory changes
in this rule in Table 1.
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Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Rules and Regulations
TABLE 1—SUMMARY OF REGULATORY CHANGES TO 50 CFR PART 648
Section
Current title
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 regulatory adjustments to other sections.
Changes update references that will change
based on 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 regulatory adjustments to other sections.
Changes update references that will change
based on 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 in to a single section. The current regulations have this information repeated
again at § 648.55. Also, NMFS adds 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 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 in
to § 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
in to §§ 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 ........
Rotational Closed Areas
Reserved .......................
Amendment 19 & Regulatory Streamlining.
648.59 ........
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648.51 ........
Sea Scallop Access
Areas.
Sea scallop rotational
area management
program and access
area program requirements.
Amendment 19 & Regulatory Streamlining.
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76519
TABLE 1—SUMMARY OF REGULATORY CHANGES TO 50 CFR PART 648—Continued
Section
Current title
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 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 regulatory adjustments to other sections.
Changes to this section are to support the
Amendment 19 alternative to change the fishing year to April 1.
Changes to this section are to support the
Amendment 19 alternative to change the fishing year to April 1.
648.60 ........
Sea scallop access area Sea scallop rotational
program requirements.
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 ........
648.65 ........
Comments and Responses
NMFS received one comment letter in
response to the proposed rule, from
Lund’s Fisheries, Inc. NMFS may only
approve, disapprove, or partially
approve measures in Amendment 19,
and cannot substantively amend, add, or
delete measures beyond what is
necessary under section 305(d) of the
Magnuson-Stevens Act to discharge its
responsibility to carry out such
measures.
Comment: Lund’s Fisheries, Inc.,
commented in support of Amendment
19 because it eliminates uncertainties
with harvesters, processors and their
customers created by the late
implementation of the scallop
specifications.
Response: NMFS appreciates Lund’s
Fisheries, Inc., support of this action.
There were no changes from the
proposed rule.
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Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this final rule is consistent with the
FMPs, other provisions of the
Magnuson-Stevens Act and other
applicable law.
The Office of Management and Budget
(OMB) has determined that this final
rule is not significant according to
Executive Order (E.O.) 12866.
This final rule does not contain
policies with federalism or ‘‘takings’’
implications, as those terms are defined
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List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
Changes From Proposed Rule to Final
Rule
VerDate Sep<11>2014
in E.O. 13132 and E.O. 12630,
respectively.
This action does not contain any
collection-of-information requirements
subject the Paperwork Reduction Act
(PRA).
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration at the
proposed rule stage that this rule will
not have a significant economic impact
on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis is not
required and none has been prepared.
Dated: October 20, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is 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’’;
■
■
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b. Removing the definitions of
‘‘Rotational Closed Area’’ and ‘‘Sea
Scallop Access Area’’;
■ c. Adding the 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.
(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:
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(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 as defined in § 648.2 in the
definition to Open Areas.
*
*
*
*
*
■ 3. In § 648.10, revise paragraph (b)(2),
the first sentence in paragraph (f)(4)(i)
introductory text, paragraph (h)
introductory text, and paragraph
(h)(8)(ii) to read as follows:
§ 648.10 VMS and DAS requirements for
vessel owners/operators.
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*
*
*
*
*
(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
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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), paragraph (i)(2)(vi)
introductory text, and paragraph
(i)(2)(vi)(A);
■ b. Adding paragraph (i)(2)(vi)(B);
■ c. Revising paragraphs (i)(2)(vi)(D),
(i)(3)(iv)(A), (i)(3)(v); and
■ d. Revising paragraph (i)(4)(i)(A).
The additions and revisions read as
follows:
§ 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 § 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) * * *
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(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
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)
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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).
*
*
*
*
*
■ 5. In § 648.51, revise paragraphs (b)(1),
(b)(3)(i), paragraph (c) introductory text,
and paragraph (f)(1) to read as follows:
§ 648.51
Gear and crew restrictions.
mstockstill on DSK3G9T082PROD with RULES
*
*
*
*
*
(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
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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.
*
*
*
*
*
■ 6. In § 648.52, revise paragraphs (d),
(f), and (g) to read as follows:
§ 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 § 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
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76521
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, revise the section
heading and paragraphs (a), (b), (c), (d),
(e), (g)(1), (h)(2) introductory text, and
paragraphs (h)(2)(i), (h)(2)(v)(B),
(h)(3)(i), (h)(3)(ii)(A), (h)(5)(i), and
(h)(5)(ii)(A) 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
rate (i.e. 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
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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 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 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
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:
SCALLOP FISHERY CATCH LIMITS
2016
(mt)
Catch limits
Overfishing Limit ......................................................................................................................................................
Acceptable Biological Catch/ACL (discards removed) ............................................................................................
Incidental Catch .......................................................................................................................................................
Research Set-Aside (RSA) ......................................................................................................................................
Observer Set-Aside .................................................................................................................................................
ACL for fishery .........................................................................................................................................................
Limited Access ACL ................................................................................................................................................
LAGC ACL ...............................................................................................................................................................
LAGC IFQ ................................................................................................................................................................
Limited Access with LAGC IFQ ...............................................................................................................................
Limited Access ACT ................................................................................................................................................
68,418
37,852
23
567
379
36,884
34,855
2,029
1,845
184
18,290
2017
(mt) *
68,418
37,852
23
567
379
36,884
34,855
2,029
1,845
184
18,290
mstockstill on DSK3G9T082PROD with RULES
* 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
§ 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 § 648.59, and
dividing that amount among vessels in
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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 fulltime DAS allocations, respectively.
(ii) Subject to the vessel permit
application requirements specified in
§ 648.4, for each fishing year, each
vessel issued a limited access scallop
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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 § 648.51(e).
(3) The DAS allocations for limited
access scallop vessels for fishing years
2016 and 2017 are as follows:
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SCALLOP OPEN AREA DAS
ALLOCATIONS
Permit
category
2016
Full-Time ...................
Part-Time ..................
Occasional ................
2017 *
34.55
13.82
2.88
34.55
13.82
2.88
mstockstill on DSK3G9T082PROD with RULES
* 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 subACL 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
§ 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
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Jkt 241001
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
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
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Sfmt 4700
76523
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 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 paragraphs (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) * * *
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Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Rules and Regulations
(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 § 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)
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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
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, revise paragraph (e) 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); and
■ e. Revising paragraph (f) introductory
text and paragraph (f)(38).
The revisions read as follows:
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§ 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 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 (a)(4) of this
section during the interim year.
(6) Rotational area management
guidelines. The Council’s development
of rotational area management
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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.
(b) [Reserved]
(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.
*
*
*
*
*
(e) Reserved]
(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
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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
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, revise paragraphs (a),
(d), (f), and (g) to read as follows:
§ 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
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76525
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 § 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
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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
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
have installed on board an operational
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
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
Access area
2016 ............
Mid-Atlantic Access Area
2017 * ..........
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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.
(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
Mid-Atlantic Access Area
Full-time
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
kg)
kg)
kg)
kg)
Occasional
......
......
......
......
4,250
1,420
1,420
1,420
lb
lb
lb
lb
(1,928 kg).
(644 kg).
(644 kg).
(644 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
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scallop permit may exchange
unharvested scallop pounds allocated
into one access area for another vessel’s
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unharvested scallop pounds allocated
into another Scallop Access Area. These
exchanges may only be made for the
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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
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
§ 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
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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
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
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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
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.
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(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
(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
VerDate Sep<11>2014
16:18 Nov 02, 2016
Jkt 241001
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
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):
Point
NLNAA1
NLNAA2
NLNAA3
NLNAA4
NLNAA1
Latitude
................
................
................
................
................
40°50′
40°30′
40°30′
40°50′
40°50′
N
N
N
N
N
Longitude
69°00′
69°00′
69°30′
69°30′
69°00′
W.
W.
W.
W.
W.
(v) The following LAGC IFQ access
area allocations will be effective for the
2016 and 2017 fishing years:
Scallop rotational area
2016
Mid-Atlantic Access Area
Nantucket Lightship North
2,068
485
2017 *
602
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 § 648.85 under multispecies DAS,
and that has not declared into the
Scallop Access Area Program, is
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prohibited from possessing scallops. An
LAGC scallop vessel authorized to fish
in the Scallop Rotational Areas
specified in § 648.60 may possess
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
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):
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 ..................
E:\FR\FM\03NOR1.SGM
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Latitude
38°30′ N
Longitude
74°20′ W.
Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Rules and Regulations
Point
ETAA2
ETAA3
ETAA4
ETAA5
ETAA6
ETAA7
ETAA8
ETAA1
Latitude
..................
..................
..................
..................
..................
..................
..................
..................
38°30′
38°40′
38°40′
38°50′
38°50′
38°10′
38°10′
38°30′
N
N
N
N
N
N
N
N
Longitude
73°50′
73°50′
73°40′
73°40′
73°30′
73°30′
74°20′
74°20′
W.
W.
W.
W.
W.
W.
W.
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
H1
H2
H3
H4
H5
H1
Latitude
.........................
.........................
.........................
.........................
.........................
.........................
39°30′
39°30′
38°30′
38°50′
38°50′
39°30′
N
N
N
N
N
N
Longitude
73°10′
72°30′
73°30′
73°30′
73°42′
73°10′
W.
W.
W.
W.
W.
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
ETCA
ETCA
ETCA
ETCA
ETCA
ETCA
ETCA
1
2
3
4
5
6
1
Latitude
.................
.................
.................
.................
.................
.................
.................
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:
mstockstill on DSK3G9T082PROD with RULES
Point
CAIA1 ......
CAIA2 ......
CAIA3 ......
CAIA4 ......
CAIA1 ......
Latitude
41°26′ N
40°58′ N
40°54.95′
N
41°04′ N
41°26′ N
Longitude
68°30′ W.
68°30′ W.
68°53.37′
W
69°01′ W.
68°30′ W.
Note
16:18 Nov 02, 2016
Point
Latitude
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
67°20′ W.
66°35.8′ W
(1)
(3)
67°20′ W.
67°20′ W.
Note
(2 )
(2 )
1 The 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.
2 From Point CAIIA3 connected to Point
CAIIA4 along the U.S.-Canada Maritime
Boundary.
3 The intersection of 41°30′ N. lat. and the
U.S.-Canada Maritime Boundary, approximately 41°30′ N. lat., 66°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 § 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
Latitude
.....
.....
.....
.....
CAIIE5 .....
CAIIE1 .....
Longitude
40°30′ N
41°00′ N
41°00′ N
41°18.45′
N
40°30′ N
40°30′ N
67°20′ W.
67°20′ W.
66°35.8′ W
(1)
(3)
67°20′ W.
Note
(2 )
(2 )
1 The 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.
2 From Point CAIIE4 to Point CAIIE5 following the U.S.-Canada Maritime Boundary.
3 The intersection of 40°30′ N. lat. and the
U.S.-Canada Maritime Boundary, approximately, 65°44.34′ W. long.
(1)
(1)
1 From Point CAIA3 to Point CAIA4 along
the western boundary of Closed Area I, defined in § 648.81(a)(1).
VerDate Sep<11>2014
(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):
Jkt 241001
(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
PO 00000
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76529
available from the Regional
Administrator upon request):
Point
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, revise paragraph
(a)(3), (b) introductory text, and
paragraphs (b)(3), and (c) 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
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
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
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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
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, revise paragraph
(b)(2)(iii) 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, revise paragraph (e) to
read as follows:
§ 648.64 Yellowtail flounder sub-ACLs and
AMs for the scallop fishery.
mstockstill on DSK3G9T082PROD with RULES
*
*
*
*
*
(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.
VerDate Sep<11>2014
16:18 Nov 02, 2016
Jkt 241001
(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, revise paragraph (c) 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
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. 2016–25963 Filed 11–2–16; 8:45 am]
BILLING CODE 3510–22–P
*
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 150916863–6211–02]
RIN 0648–XF012
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pacific Cod in the Bering Sea and
Aleutian Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
AGENCY:
NMFS is reallocating the
projected unused amount of Pacific cod
from catcher vessels using trawl gear
and American Fisheries Act (AFA) trawl
catcher processors (C/Ps) to catcher
vessels less than 60 feet (18.3 meters
(m)) LOA using hook-and-line or pot
gear, C/Ps using hook-and-line gear, and
Amendment 80 (A80) C/Ps in the Bering
Sea and Aleutian Islands (BSAI)
management area. This action is
necessary to allow the 2016 total
allowable catch (TAC) of Pacific cod to
be harvested.
SUMMARY:
E:\FR\FM\03NOR1.SGM
03NOR1
]]>Agencies
[Federal Register Volume 81, Number 213 (Thursday, November 3, 2016)]
[Rules and Regulations]
[Pages 76516-76530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25963]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 160126052-6974-02]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule implements 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 establishes a specifications process outside of the
current framework adjustment process and adjusts the start of the
scallop fishing year from March 1 to April 1. These changes will help
reduce potential economic and biological consequences from late
implementation of specifications and reduce the overall administrative
burden associated with late implementation. As a result of these
changes, NMFS will be able to implement simple specifications actions
at the start of the fishing year on a more consistent basis.
DATES: Effective December 5, 2016.
ADDRESSES: The Council developed an environmental assessment (EA) for
this action that describes these measures and other considered
alternatives and provides a thorough analysis of the impacts of the
measures and alternatives. Copies of the Amendment, the EA, and the
Regulatory Flexibility Analysis (RFA), are available upon request from
Thomas A. Nies, Executive Director, New England Fishery Management
Council, 50 Water Street, Newburyport, MA 01950.
Copies of the small entity compliance guide are available from John
K. Bullard, Regional Administrator, NMFS, Greater Atlantic Regional
Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930-2298,
or available on the Internet at https://www.greateratlantic.fisheries.noaa.gov/sustainable/species/scallop/.
FOR FURTHER INFORMATION CONTACT: Travis Ford, Fishery Policy Analyst,
978-281-9233.
SUPPLEMENTARY INFORMATION:
Background
The Council adopted Amendment 19 to the Atlantic Sea Scallop
Fishery Management Plan (FMP) at its December 3, 2015, meeting and
submitted the amendment to NMFS on June 16, 2016. NMFS published a
notice of availability on July 20, 2016 (81 FR 47152), and a proposed
rule, including a reference on how to obtain the amendment and the
draft final EA, for approving and implementing Amendment 19 on August
16, 2016 (81 FR 54533). The NOA included a 60-day public comment period
that closed on September 19, 2016, and the proposed rule included a 30-
day public comment period that closed on September 15, 2016. NMFS
reviewed and finalized the amendment document to ensure consistency
with the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act), the Scallop FMP, and other applicable laws.
NMFS approved Amendment 19 in its entirety.
[[Page 76517]]
In order to incorporate the most recent available scallop survey
information, which has proved essential in setting appropriate access
area catch levels, the Council has been taking final action in November
or December, and NMFS has typically implemented allocations in May or
June. Prior to this action, this would result in allocations for a
given fishing year in place 2 to 3 months after the March 1 start of
the fishing year.
To address these timing issues while still supporting the current
timeline for integrating the best available science in to the
management process, Amendment 19 establishes a specifications process
so that allocations do not need to be tied to more complex actions like
frameworks or amendments that tend to have longer development, review,
and implementation timelines; and adjusts the scallop fishing year to
April 1 through March 31.
Allowing for Allocations To Be Set Through Specifications Actions
Amendment 19 creates a new specifications process for the Scallop
FMP. Adding the ability to adjust allocations through a specifications
setting process produces some time savings because the Council will not
be required to discuss measures over the course of two Council
meetings, as is required under a framework. In addition, measures
developed in a specifications action will be limited to those related
to allocations and possession limits. This means that some of the more
complicated management measures typically contained in frameworks will
not be included, thus the development and rulemaking for these actions
will be simplified. Although developing a specifications action will
save some time in the development of allocations, it would not
guarantee allocations will be in place by March 1 of each year. It is
more likely that allocations could be implemented on April 1, a month
after the current start of the fishing year.
The Council will not be required to set scallop allocations through
a specifications action and could utilize a framework to develop more
robust management measures, but more complicated actions and more
management measures under consideration generally means the action will
take longer to develop, review, and implement.
Changing the Start of the Fishing Year to April 1
Because a specifications action would more likely be implemented on
April 1, Amendment 19 changes the scallop fishing year to April 1
through March 31. Pushing the fishing year back one month will increase
the likelihood that NMFS will 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 their
business planning, this measure will not be effective until fishing
year 2018. Because the current fishing year began on March 1, 2016,
fishing year 2016 will not be affected by this change. Fishing year
2017 will 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 will officially change for fishing year 2018 and
beyond.
Amendment 19 also adjusts the scallop permit year so that it
continues to match the official fishing year (i.e., scallop permits
will need to be renewed by April 1 of each year). This change is also
effective beginning in fishing year 2018.
Regulatory 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 rule
includes revisions to the regulatory text that 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 allow future specifications-setting actions
to be implemented sooner by avoiding the need to make extensive
regulatory changes for each specifications-setting action. These
changes are 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 makes the following changes to regulatory text:
Revising the definitions in Sec. 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 Sec.
648.53; condensing the explanations of OFL, ABC, and ACL into Sec.
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 NMFS removed); removing Sec. Sec. 648.57 and
648.58 and integrating them into Sec. Sec. 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 makes
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 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 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); and 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,
NMFS is updating references throughout the scallop regulations that
NMFS has changed based on the regulatory adjustments. NMFS has included
a summary of all of the regulatory changes in this rule in Table 1.
[[Page 76518]]
Table 1--Summary of Regulatory Changes to 50 CFR Part 648
----------------------------------------------------------------------------------------------------------------
Section Current title Title Type of changes Summary of changes
----------------------------------------------------------------------------------------------------------------
648.2.......................... Definitions...... Same............. Amendment 19 & Changes address the
Regulatory new scallop fishing
Streamlining. year 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. regulatory
adjustments to other
sections.
648.14......................... Prohibitions..... Same............. Regulatory Changes update
Streamlining & references that will
Corrections. change based on
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
regulatory
adjustments to other
sections.
648.52......................... Possession and Same............. Regulatory Changes update
landing limits. Streamlining. references that will
change based on
regulatory
adjustments to other
sections.
648.53......................... Acceptable Overfishing Amendment 19, Changes address
biological limit, Regulatory Amendment 19
catch, annual acceptable Streamlining, & specifications
catch limits, biological Corrections. process, condense
annual catch catch, annual allocations into a
targets, DAS catch limits, single table, and
allocations, and annual catch condense the
individual targets, DAS explanations of OFL,
fishing quotas. allocations, and ABC, and ACL in to a
individual single section. The
fishing quotas. current regulations
have this information
repeated again at
Sec. 648.55. Also,
NMFS adds 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 Amendment 19 & Changes to this
adjustments to and framework Regulatory section address
management adjustments to Streamlining. Amendment 19 changes,
measures. management but also fine-tune
measures. previous 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
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 in to
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 in to
Sec. Sec. 648.59
and 648.60.
648.59......................... Sea Scallop Sea scallop Amendment 19 & There are no
Access Areas. rotational area Regulatory substantial changes
management Streamlining. to current regulatory
program and text in this section;
access area portions of this
program section are
requirements. 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 76519]]
648.60......................... Sea scallop Sea scallop Amendment 19 & There are no
access area rotational areas. Regulatory substantial changes
program Streamlining. to current regulatory
requirements. 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 toSec.
648.59 for clarity.
648.62......................... Northern Gulf of Same............. Amendment 19, Changes to this
Maine (NGOM) Regulatory section support the
Management Streamlining, & specifications
Program. Corrections. process and update
references that will
change based on other
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. regulatory
adjustments to other
sections.
648.64......................... Yellowtail Same............. Amendment 19..... Changes to this
flounder sub- section are to
ACLs and AMs for support the Amendment
the scallop 19 alternative to
fishery. change the fishing
year to April 1.
648.65......................... Windowpane Same............. Amendment 19..... Changes to this
flounder sub-ACL section are to
and AM for the support the Amendment
scallop fishery. 19 alternative to
change the fishing
year to April 1.
----------------------------------------------------------------------------------------------------------------
Comments and Responses
NMFS received one comment letter in response to the proposed rule,
from Lund's Fisheries, Inc. NMFS may only approve, disapprove, or
partially approve measures in Amendment 19, and cannot substantively
amend, add, or delete measures beyond what is necessary under section
305(d) of the Magnuson-Stevens Act to discharge its responsibility to
carry out such measures.
Comment: Lund's Fisheries, Inc., commented in support of Amendment
19 because it eliminates uncertainties with harvesters, processors and
their customers created by the late implementation of the scallop
specifications.
Response: NMFS appreciates Lund's Fisheries, Inc., support of this
action.
Changes From Proposed Rule to Final Rule
There were no changes from the proposed rule.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this final rule is
consistent with the FMPs, other provisions of the Magnuson-Stevens Act
and other applicable law.
The Office of Management and Budget (OMB) has determined that this
final rule is not significant according to Executive Order (E.O.)
12866.
This final rule does not contain policies with federalism or
``takings'' implications, as those terms are defined in E.O. 13132 and
E.O. 12630, respectively.
This action does not contain any collection-of-information
requirements subject the Paperwork Reduction Act (PRA).
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration at the proposed rule stage that this rule will not have
a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis is not required and none has been prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: October 20, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is 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 of ``Rotational Closed Area'' and ``Sea
Scallop Access Area'';
0
c. Adding the 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:
[[Page 76520]]
(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 as defined in Sec. 648.2 in the definition to Open
Areas.
* * * * *
0
3. In Sec. 648.10, revise paragraph (b)(2), the first sentence in
paragraph (f)(4)(i) introductory text, paragraph (h) introductory text,
and paragraph (h)(8)(ii) 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), paragraph (i)(2)(vi) introductory text,
and paragraph (i)(2)(vi)(A);
0
b. Adding paragraph (i)(2)(vi)(B);
0
c. Revising paragraphs (i)(2)(vi)(D), (i)(3)(iv)(A), (i)(3)(v); and
0
d. Revising paragraph (i)(4)(i)(A).
The additions and revisions 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)
[[Page 76521]]
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).
* * * * *
0
5. In Sec. 648.51, revise paragraphs (b)(1), (b)(3)(i), paragraph (c)
introductory text, and paragraph (f)(1) 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, revise paragraphs (d), (f), and (g) 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, revise the section heading and paragraphs (a), (b),
(c), (d), (e), (g)(1), (h)(2) introductory text, and paragraphs
(h)(2)(i), (h)(2)(v)(B), (h)(3)(i), (h)(3)(ii)(A), (h)(5)(i), and
(h)(5)(ii)(A) 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 (i.e. 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
[[Page 76522]]
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 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
------------------------------------------------------------------------
Catch limits 2016 (mt) 2017 (mt) *
------------------------------------------------------------------------
Overfishing Limit....................... 68,418 68,418
Acceptable Biological Catch/ACL 37,852 37,852
(discards removed).....................
Incidental Catch........................ 23 23
Research Set-Aside (RSA)................ 567 567
Observer Set-Aside...................... 379 379
ACL for fishery......................... 36,884 36,884
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:
[[Page 76523]]
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
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
paragraphs (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) * * *
[[Page 76524]]
(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 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, revise paragraph (e) 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); and
0
e. Revising paragraph (f) introductory text 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 (a)(4) of this section during the interim
year.
(6) Rotational area management guidelines. The Council's
development of rotational area management
[[Page 76525]]
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.
(b) [Reserved]
(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.
* * * * *
(e) Reserved]
(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
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, revise paragraphs (a), (d), (f), and (g) 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
[[Page 76526]]
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.
(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 kg).
Access Area. Possession limit............. kg). kg). 1,420 lb (644 kg).
17,000 lb (57,711 10,200 lb (4,627
kg). kg).
2017 *......................... Mid-Atlantic Allocation................... 17,000 lb (57,711 10,200 lb (4,627 1,420 lb (644 kg).
Access Area. Possession limit............. kg). kg). 1,420 lb (644 kg).
17,000 lb (57,711 10,200 lb (4,627
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
[[Page 76527]]
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 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.
[[Page 76528]]
(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 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):
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
NLNAA1........................... 40[deg]50' N 69[deg]00' W.
NLNAA2........................... 40[deg]30' N 69[deg]00' W.
NLNAA3........................... 40[deg]30' N 69[deg]30' W.
NLNAA4........................... 40[deg]50' N 69[deg]30' W.
NLNAA1........................... 40[deg]50' N 69[deg]00' W.
------------------------------------------------------------------------
(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):
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
DMV1............................. 38[deg]10' N 74[deg]50' W.
DMV2............................. 38[deg]10' N 74[deg]00' W.
DMV3............................. 37[deg]15' N 74[deg]00' W.
DMV4............................. 37[deg]15' N 74[deg]50' W.
DMV1............................. 38[deg]10' N 74[deg]50' W.
------------------------------------------------------------------------
(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.
[[Page 76529]]
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:
------------------------------------------------------------------------
Point Latitude Longitude Note
------------------------------------------------------------------------
CAIA1......................... 41[deg]26' N 68[deg]30' W. .......
CAIA2......................... 40[deg]58' N 68[deg]30' W. .......
CAIA3......................... 40[deg]54.95' N 68[deg]53.37' (\1\)
W
CAIA4......................... 41[deg]04' N 69[deg]01' W. (\1\)
CAIA1......................... 41[deg]26' N 68[deg]30' W. .......
------------------------------------------------------------------------
\1\ From Point CAIA3 to Point CAIA4 along the western boundary of Closed
Area I, defined in Sec. 648.81(a)(1).
(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, revise paragraph (a)(3), (b) introductory text,
and paragraphs (b)(3), and (c) 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
[[Page 76530]]
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 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, revise paragraph (b)(2)(iii) 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, revise paragraph (e) 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, revise paragraph (c) 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. 2016-25963 Filed 11-2-16; 8:45 am]
BILLING CODE 3510-22-P
