Fisheries of the Northeastern United States; Framework Adjustment 29 to the Atlantic Sea Scallop Fishery Management Plan, 17300-17314 [2018-08150]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 83, Number 76 (Thursday, April 19, 2018)]
[Rules and Regulations]
[Pages 17300-17314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08150]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.: 180202111-8353-02]
RIN 0648-BH56


Fisheries of the Northeastern United States; Framework Adjustment 
29 to the Atlantic Sea Scallop Fishery Management Plan

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

ACTION: Final rule.

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

SUMMARY: NMFS approves and implements measures included in Framework 
Adjustment 29 to the Atlantic Sea Scallop Fishery Management Plan that 
establish fishing year 2018 and 2019 scallop specifications and other 
measures. The measures in this rule are in addition to the Northern 
Gulf of Maine management measures of Framework 29 that were published 
in a separate final rule on March 26, 2018. This action is necessary to 
prevent overfishing and improve both yield-per-recruit and the overall 
management of the Atlantic sea scallop resource. The intended effect of 
this rule is to implement these measures for the 2018 fishing year.

DATES: Effective April 19, 2018.

ADDRESSES: The New England Fishery Management Council developed an 
environmental assessment (EA) for this action that describes the 
measures, other considered alternatives, and analyzes the impacts of 
the measures and alternatives. Copies of Framework Adjustment 29, the 
EA, and the Initial Regulatory Flexibility Analysis (IRFA), are 
available upon request from Thomas A. Nies, Executive Director, New 
England Fishery Management Council, 50 Water Street, Newburyport, MA 
01950. The EA/IRFA is also accessible via the internet at: https://www.nefmc.org/library/framework-29-1.
    With regard to new access areas that will become available to 
scallop fishing through the Omnibus Essential Fish Habitat Amendment 2 
(see the final rule for the Omnibus Habitat Amendment published on 
April 9, 2018 (83 FR 15240)), additional documents are available via 
the internet at: https://www.nefmc.org/library/omnibus-habitat-amendment-2.
    Copies of the small entity compliance guide are available from 
Michael Pentony, 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 New England Fishery Management Council adopted Framework 
Adjustment 29 to the Atlantic Sea Scallop Fishery

[[Page 17301]]

Management Plan (FMP) in its entirety on December 7, 2017; submitted an 
advance decision draft of the framework and draft EA to NMFS on 
December 21, 2017; and submitted a draft of the framework, including a 
draft EA, to NMFS on January 25, 2018, for review and approval.
    On March 26, 2018, NMFS published a separate final rule to approve 
and implement the measures in Framework 29 that address the Northern 
Gulf of Maine (NGOM) management program measures in Framework 29 (83 FR 
12857); the NGOM measures were addressed separately to ensure that they 
were in place prior to April 1, 2018. Additional information on the 
NGOM measures is provided in the March 26, 2018, final rule and is not 
repeated here. This action addresses only the remaining portions of 
Framework 29.
    This action approves and implements the portion of Framework 29 
that establishes scallop specifications and other measures for fishing 
year 2018. This includes default fishing year 2019 measures that would 
go into place should the next specifications-setting action be delayed 
beyond the April 1 start of fishing year 2019.
    This action includes catch, effort, and quota allocation 
adjustments for fishing year 2018 and default specifications for 
fishing year 2019. The Council submitted a final EA to NMFS on March 
14, 2018, for approval. NMFS published a proposed rule for the non-NGOM 
measures in Framework 29 on March 15, 2018 (83 FR 11474). The proposed 
rule included a 15-day public comment period that closed on March 30, 
2018. NMFS has approved all of the measures in Framework 29 recommended 
by the Council, as described below. The Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) allows NMFS to 
approve, partially approve, or disapprove measures proposed by the 
Council based on whether the measures are consistent with the fishery 
management plan, the Magnuson-Stevens Act and its National Standards, 
and other applicable law. We defer to the Council's policy choices 
unless there is a clear inconsistency with the law or the FMP. Details 
concerning the development of these measures were contained in the 
preamble of the proposed rule and are not repeated here.

Specification of Scallop Overfishing Limit (OFL), Acceptable Biological 
Catch (ABC), Annual Catch Limits (ACL), Annual Catch Targets (ACT), 
Annual Projected Landings (APL), and Set-Asides for the 2018 Fishing 
Year, and Default Specifications for Fishing Year 2019

    Table 1 outlines the scallop fishery catch limits derived from the 
ABC values and the projected landings of the fleet.

 Table 1--Scallop Catch Limits (mt) for Fishing Years 2018 and 2019 for
the Limited Access and Limited Access General Category (LAGC) Individual
                       Fishing Quota (IFQ) Fleets
------------------------------------------------------------------------
              Catch limits                   2018 (mt)      2019 (mt) *
------------------------------------------------------------------------
Overfishing Limit.......................          72,055          69,633
Acceptable Biological Catch/ACL                   45,950          45,805
 (discards removed).....................
Incidental Catch........................              23              23
Research Set-Aside (RSA)................             567             567
Observer Set-Aside......................             460             458
ACL for fishery.........................          44,900          44,757
Limited Access ACL......................          42,431          42,295
LAGC Total ACL..........................           2,470           2,462
LAGC IFQ ACL (5 percent of ACL).........           2,245           2,238
Limited Access with LAGC IFQ ACL (0.5                225             224
 percent of ACL)........................
Limited Access ACT......................          37,964          37,843
Closed Area 1 Carryover.................             743             n/a
APL.....................................          25,451             (*)
Limited Access Projected Landings (94.5           24,051             (*)
 percent of APL)........................
Total IFQ Annual Allocation (5.5 percent           1,400        ** 1,050
 of APL)................................
LAGC IFQ Annual Allocation (5 percent of           1,273          ** 955
 APL)...................................
Limited Access with LAGC IFQ Annual                  127           ** 95
 Allocation (0.5 percent of APL)........
------------------------------------------------------------------------
* The catch limits for the 2019 fishing year are subject to change
  through a future specifications action or framework adjustment. This
  includes the setting of an APL for 2019 that will be based on the 2018
  annual scallop surveys.
** As a precautionary measure, the 2019 IFQ annual allocations are set
  at 75 percent of the 2018 IFQ Annual Allocations.

    This action deducts 1.25 million lb (567 mt) of scallops annually 
for 2018 and 2019 from the ABC for use as the Scallop RSA to fund 
scallop research. Participating vessels are compensated through the 
sale of scallops harvested under RSA projects. Of the 1.25 million lb 
(567 mt) allocation, NMFS has already allocated 133,037 lb (60.3 mt) to 
previously funded multi-year projects as part of the 2017 RSA awards 
process. NMFS is reviewing proposals submitted for consideration of 
2018 RSA awards and will be selecting projects for funding in the near 
future.
    This action also deducts 1 percent of the ABC for the industry-
funded observer program to help defray the cost to scallop vessels that 
carry an observer. The observer set-aside is 460 mt for 2018 and 458 mt 
for 2019. In fishing year 2018, the compensation rates for limited 
access vessels in open areas fishing under days-at-sea (DAS) is 0.12 
DAS per DAS fished. For access area trips, the compensation rate is 225 
lb (102 kg), in addition to the vessel's possession limit for the trip 
for each day or part of a day an observer is onboard. LAGC IFQ vessels 
may possess an additional 225 lb (102 kg) per trip in open areas when 
carrying an observer. NMFS may adjust the compensation rate throughout 
the fishing year, depending on how quickly the fleets are using the set 
aside. The Council may adjust the 2019 observer set-aside when it 
develops specific, non-default measures for 2019.

Open Area Days-at-Sea (DAS) Allocations

    This action implements vessel-specific DAS allocations for each of 
the three limited access scallop DAS permit categories (i.e., full-
time, part-time, and occasional) for 2018 and 2019 (Table 2). Framework 
29 sets 2019 DAS allocations at 75 percent of fishing year 2018 DAS 
allocations as a precautionary measure. This is to avoid over-
allocating DAS to the fleet in the event that the 2019 specifications 
action is delayed

[[Page 17302]]

past the start of the 2019 fishing year. The allocations in Table 2 
exclude any DAS deductions that are required if the limited access 
scallop fleet exceeded its 2017 sub-ACL.

      Table 2--Scallop Open Area DAS Allocations for 2018 and 2019
------------------------------------------------------------------------
            Permit  category                   2018       2019 (default)
------------------------------------------------------------------------
Full-Time...............................           24.00           18.00
Part-Time...............................            9.60            7.20
Occasional..............................            2.00             1.5
------------------------------------------------------------------------

Limited Access Allocations and Trip Possession Limits for Scallop 
Access Areas

    For fishing year 2018 and the start of 2019, Framework 29 keeps the 
Mid-Atlantic Access Area (MAAA) open as an access area and includes 
what is now the Elephant Trunk Flex Rotational Area as part of the 
MAAA. Framework 29 also reverts some areas previously managed in 
scallop rotational management program back to open areas. These areas 
include the Delmarva portion of the MAAA, the Nantucket Lightship 
Extension, and the Closed Area 2 Extension. Vessels will still be able 
to access these areas while fishing in the open area. In addition, this 
action closes the northern portion of Nantucket Lightship, but it 
allocates trips into the southern portion of Nantucket Lightship in an 
area referred to as Nantucket Lightship--South (NLS-S). Further, this 
action allocates effort into new access areas (Closed Area I (CA1) and 
Nantucket Lightship--West (NLS-W)) that became available to scallop 
fishing through the Omnibus Essential Fish Habitat Amendment 2 (Omnibus 
Habitat Amendment). We published a final rule for the Omnibus Habitat 
Amendment on April 9, 2018 (83 FR 15240). This rule made areas that are 
now contained in CA1 and NLS-W available to scallop fishing.
    Table 3 provides the limited access full-time allocations for all 
of the access areas, which could be taken in as many trips as needed, 
so long as the vessels do not exceed the possession limit (also in 
Table 3) on each trip.

Table 3--Scallop Access Area Full-Time Limited Access Vessel Poundage Allocations and Trip Possession Limits for
                                                  2018 and 2019
----------------------------------------------------------------------------------------------------------------
                                                                                                 2019 Scallop
     Rotational access area              Scallop possession limit            2018 Scallop         allocation
                                                                              allocation           (default)
----------------------------------------------------------------------------------------------------------------
Closed Area 1                                                            18,000 lb (8,165     0 lb (0 kg).
                                                                          kg).
---------------------------------                                       ----------------------------------------
Nantucket Lightship--South        18,000 lb (8,165 kg) per trip........  18,000 lb (8,165     0 lb (0 kg).
                                                                          kg).
---------------------------------                                       ----------------------------------------
Nantucket Lightship--West                                                36,000 lb (16,329    0 lb (0 kg).
                                                                          kg).
---------------------------------                                       ----------------------------------------
Mid-Atlantic                                                             36,000 lb (16,329    18,000 lb (8,165
                                                                          kg).                 kg).
----------------------------------------------------------------------------------------------------------------
    Total.......................  .....................................  108,000 lb (48,988   18,000 lb (8,165
                                                                          kg).                 kg).
----------------------------------------------------------------------------------------------------------------

    Table 4 provides the limited access part-time allocations for three 
of the access areas, which could be taken in as many trips as needed, 
so long as the vessels do not exceed the possession limit (also in 
Table 4) on each trip. There is no part-time allocation in NLS-S.

Table 4--Scallop Access Area Part-Time Limited Access Vessel Poundage Allocations and Trip Possession Limits for
                                                  2018 and 2019
----------------------------------------------------------------------------------------------------------------
                                                                                                 2019 Scallop
     Rotational access area              Scallop possession limit            2018 Scallop         allocation
                                                                              allocation           (default)
----------------------------------------------------------------------------------------------------------------
Closed Area 1                                                            14,400 lb (6,532     0 lb (0 kg).
                                                                          kg).
---------------------------------                                       ----------------------------------------
Nantucket Lightship--West         14,400 lb (6,532 kg) per trip........  14,400 lb (6,532     0 lb (0 kg).
                                                                          kg).
---------------------------------                                       ----------------------------------------
Mid-Atlantic                                                             14,400 lb (6,532     14,400 lb (6,532
                                                                          kg).                 kg).
----------------------------------------------------------------------------------------------------------------
    Total.......................  .....................................  43,200 lb (19,595    14,400 lb (6,532
                                                                          kg).                 kg).
----------------------------------------------------------------------------------------------------------------

    For the 2018 fishing year, an occasional limited access vessel is 
allocated 9,000 lb (4,082 kg) of scallops with a trip possession limit 
of 9,000 lb of scallops per trip (4,082 kg per trip). Occasional 
vessels are able to harvest the 9,000-lb (4,082-kg) allocation from 
only one of three available access areas (CA1, NLS-W, or MAAA). There 
is no occasional vessel allocation for NLS-S. For the 2019 fishing 
year, occasional limited access vessels are allocated 9,000 lb (4,082 
kg) in the MAAA only with a trip possession limit of 9,000 lb per trip 
(4,082 kg per trip).

[[Page 17303]]

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 
access area. These exchanges may only be made for the amount of the 
current trip possession limit (i.e., 18,000 lb (8,165 kg)). In 
addition, these exchanges may only be made between vessels in the same 
permit category. For example, a full-time vessel may not exchange 
allocations with a part-time vessel, and vice versa.

Limited Access Unharvested Closed Area I Allocation From Fishing Years 
2012 and 2013

    Framework Adjustment 25 to the Scallop FMP (79 FR 34251; June 16, 
2014) allowed unharvested pounds associated with fishing years 2012 and 
2013 CA1 trips to be harvested by those vessels in CA1 when it reopens 
in the future. 1,638,604 lb (743,258 kg) of CA1 allocation went 
unharvested from fishing years 2012 and 2013, distributed across 130 
permits. Using the dealer records and broken trip data, Framework 29 
allocates this unharvested allocation to those permits in fishing year 
2018. All amounts of outstanding limited access unharvested CA1 
allocation will be made available in addition to fishing year 2018 
allocations to that access area. For example, if a full-time limited 
access vessel has 2,000 lb (907 kg) of unharvested 2012/2013 CA1 
allocation, and the CA1 trip limit is 18,000 lbs (8,165 kg), the vessel 
would be able to land a total of 20,000 lb (9,072 kg) from CA1 in 
fishing year 2018. There will be no change to specified trip limits 
through Framework 29, i.e., vessels must still abide by the 18,000-lb 
(8,165-kg) per trip limit. Therefore, the vessel would have to harvest 
its allocation in multiple trips (e.g., two 10,000-lb trips). 
Unharvested 2012/2013 CA1 allocation may only be harvested from CA1. 
Once allocated for the 2018 fishing year, these allocations will not be 
eligible to carry over into future years (i.e., available only for 
fishing year 2018, plus the first 60 days of fishing year 2019). This 
additional harvest in CA1 is not included in the fishing year 2018 APL 
established in Framework 29, because this catch is specific to those 
vessels that have unharvested 2012/2013 CA1 allocation and is not 
applicable to the entire fleet. However, the additional scallops 
harvested from CA1 will not cause the limited access fleet to exceed 
its ACT, because the APL is far below the ACT.

Nantucket Lightship Hatchet Scallop Rotational Area

    The Omnibus Habitat Amendment makes available to scallop vessels 
several areas that were previously closed to the scallop fishery. 
However, these areas remain closed to scallop fishing until they are 
opened by a scallop action. The bulk of these areas are encompassed in 
the NLS-W and CA1 Rotational Areas, which Framework 29 opens to scallop 
fishing. Framework 29 does not open the area west and north of NLS-W 
(Table 5). We are calling this area the ``Nantucket Lightship Hatchet 
Scallop Rotational Area,'' and it remains closed to help minimize 
flounder bycatch due to uncertainty about catch rates in the area.

      Table 5--Nantucket Lightship Hatchet Scallop Rotational Area
------------------------------------------------------------------------
                  Point                     N latitude      W longitude
------------------------------------------------------------------------
NLSH1...................................      40[deg]50'      69[deg]30'
NLSH2...................................   40[deg]43.44'      69[deg]30'
NLSH3...................................   40[deg]43.44'         70[deg]
NLSH4...................................      40[deg]20'         70[deg]
NLSH5...................................      40[deg]20'      70[deg]20'
NLSH6...................................      40[deg]50'      70[deg]20'
NLSH7...................................      40[deg]50'      69[deg]30'
------------------------------------------------------------------------

Adjustments to Flatfish Accountability Measures

    This action adjusts the scallop fleet's accountability measures for 
two different flatfish stocks (Southern New England/Mid-Atlantic (SNE/
MA) yellowtail flounder and Georges Bank yellowtail flounder) and 
develops an accountability measure for northern windowpane flounder. 
This action changes the existing Georges Bank yellowtail flounder and 
the SNE/MA yellowtail flounder accountability measures from closed 
areas to gear restricted areas, and it develops a gear restricted area 
accountability measure for northern windowpane flounder.
    For SNE/MA yellowtail flounder, this action adopts the same gear 
restricted area that is already in place for southern windowpane 
flounder, i.e., the area west of 71[deg] W long. and creates the Mid-
Atlantic Accountability Measure Area. For Georges Bank yellowtail 
flounder and northern windowpane flounder, this action creates the 
Georges Bank Accountability Measure Area (Table 6).

                                Table 6--Georges Bank Accountability Measure Area
----------------------------------------------------------------------------------------------------------------
                              Point                                 N latitude      W longitude        Note
----------------------------------------------------------------------------------------------------------------
GBAM1...........................................................      41[deg]30'      67[deg]20'  ..............
GBAM2...........................................................      41[deg]30'           (\1\)           (\2\)
GBAM3...........................................................      40[deg]30'           (\3\)           (\2\)
GBAM4...........................................................      40[deg]30'      67[deg]20'  ..............
GBAM1...........................................................      41[deg]30'      67[deg]20'  ..............
----------------------------------------------------------------------------------------------------------------
\1\ 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\ From Point GBAM2 connected to Point GBAM3 along 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.

    When the fleet is subject to any of the flatfish accountability 
measures in a gear restricted area, vessels will be required to fish 
with scallop dredge gear that conforms to the following restrictions 
already in place for the southern windowpane flounder accountability 
measure:
    (1) No more than 5 rows of rings in the apron of the dredge;
    (2) A maximum hanging ratio of 1.5 meshes per 1 ring overall; and
    (3) A prohibition on the use of trawl gear.
    For Georges Bank yellowtail flounder, this action changes the 
existing accountability measure to a requirement to use the 
accountability measure gear in the Georges Bank Accountability Measure 
Area. The requirement to use this gear in the area would remain in 
effect for the period of time based on the corresponding percent 
overage of the Georges Bank yellowtail flounder sub-ACL, as follows:

[[Page 17304]]



    Table 7--Georges Bank Yellowtail Flounder Accountability Measure
                                Duration
------------------------------------------------------------------------
       Percent overage of sub-ACL          Duration of gear restriction
------------------------------------------------------------------------
20 or less.............................  November 15 through December
                                          31.
Greater than 20........................  April through March (year
                                          round).
------------------------------------------------------------------------

    For northern windowpane flounder, this action creates an 
accountability measure that requires the use of the accountability 
measure gear in the Georges Bank Accountability Measure Area. The 
requirement to use this gear in the area would remain in effect for the 
period of time based on the corresponding percent overage of the 
northern windowpane flounder sub-ACL, as follows:

  Table 8--Northern Windowpane Flounder Accountability Measure Duration
------------------------------------------------------------------------
       Percent overage of sub-ACL          Duration of gear restriction
------------------------------------------------------------------------
20 or less.............................  November 15 through December
                                          31.
Greater than 20........................  April through March (year
                                          round).
------------------------------------------------------------------------

    For SNE/MA yellowtail flounder, this action changes the existing 
accountability measure to a requirement to use the accountability 
measure gear in the Mid-Atlantic Accountability Measure Area. The 
requirement to use this gear in the area would remain in effect for the 
period of time based on the corresponding percent overage of the SNE/MA 
yellowtail flounder sub-ACL, as follows:

   Table 9--SNE/MA Yellowtail Flounder Accountability Measure Duration
------------------------------------------------------------------------
       Percent overage of sub-ACL          Duration of gear restriction
------------------------------------------------------------------------
20 or less.............................  April.
Greater than 20........................  April through May.
------------------------------------------------------------------------

LAGC Measures

    1. ACL and IFQ Allocation for LAGC Vessels with IFQ Permits. For 
LAGC vessels with IFQ permits, this action implements a 2,245-mt ACL 
for 2018 and a default ACL of 2,238 mt for 2019 (see Table 1). These 
sub-ACLs, which have no other associated regulatory or management 
requirements, provide a ceiling on overall landings by the LAGC IFQ 
fleet with a payback requirement the next fishing year. If the fleet 
were to reach this ceiling, any overages would be deducted from the 
following year's sub-ACL. The annual allocation to the LAGC IFQ-only 
fleet for fishing years 2018 and 2019 are 1,273 mt for 2018 and 955 mt 
for 2019 (see Table 1). Each vessel's IFQ is calculated from these 
allocations based on APL.
    2. ACL and IFQ Allocation for Limited Access Scallop Vessels with 
IFQ Permits. For limited access scallop vessels with IFQ permits, this 
action implements a 225-mt ACL for 2018 and a default 224-mt ACL for 
2019 (see Table 1). These sub-ACLs, which have no associated regulatory 
or management requirements, provide a ceiling on overall landings by 
this fleet with a payback provision for next fishing year. If the fleet 
were to reach this ceiling any overages would be deducted from the 
following year's sub-ACL. The annual allocation to limited access 
vessels with IFQ permits for fishing years are 127 mt for 2018 and 95 
mt for 2019 (see Table 1). Each vessel's IFQ is calculated from these 
allocations based on APL.
    3. LAGC IFQ Trip Allocations for Scallop Access Areas. Framework 29 
allocates LAGC IFQ vessels a fleetwide number of trips in the CA1, NLS-
S, NLS-W, and MAAA for fishing year 2018 trips and default fishing year 
2019 trips in the MAAA (see Table 10). The total number of trips for 
all areas combined (3,426) for fishing year 2018 is equivalent to the 
5.5 percent of total catch from access areas.

   Table 10--Fishing Years 2018 and 2019 LAGC IFQ Trip Allocations for
                          Scallop Access Areas
------------------------------------------------------------------------
               Access area                     2018       2019 (Default)
------------------------------------------------------------------------
CA1.....................................             571  ..............
NLS-S...................................             571  ..............
NLS-W...................................           1,142  ..............
MAAA....................................           1,142             571
                                         -------------------------------
    Total...............................           3,426             571
------------------------------------------------------------------------

    4. Scallop Incidental Catch Target TAC. This action implements a 
50,000-lb (22,680-kg) scallop incidental catch target TAC for fishing 
years 2018 and 2019 to account for mortality from vessels that catch 
scallops while fishing for other species, and to ensure that fishing 
mortality targets are not exceeded. The Council and NMFS may adjust 
this target TAC in a future action if vessels catch more scallops under 
the incidental target TAC than predicted.

Research Set-Aside Harvest Restrictions

    This action allows all vessels participating in RSA projects to 
harvest RSA compensation from all available access areas and the open 
area. A vessel is prohibited from fishing for RSA compensation in the 
NGOM unless the vessel is fishing an RSA compensation trip using NGOM 
RSA allocation that was awarded to an RSA project, as described in the 
separate rule for the NGOM portions of Framework 29. In addition, 
Framework 29 prohibits the harvest of RSA from any access areas under 
default 2019 measures. At the start of 2019, RSA compensation can only 
be harvested from open areas. The Council will re-evaluate this measure 
in the action that would set final 2019 specifications.

Regulatory Corrections Under Regional Administrator Authority

    This final rule includes three revisions to address regulatory text 
that is unnecessary, outdated, or unclear. These revisions are being 
implemented consistent with section 305(d) of the Magnuson-Stevens Act, 
which provides authority to the Secretary of Commerce to promulgate 
regulations necessary to ensure that amendments to an FMP are carried 
out in accordance with the FMP and the Magnuson-Stevens Act. The first 
revision, at Sec.  648.10(f)(4), clarifies that scallop vessels no 
longer need to send in daily catch reports through their vessel 
monitoring system for trips less than 24 hours because these reports 
are no longer useful for monitoring purposes. The second revision, at 
Sec.  648.11(g)(2)(ii), removes the limitation that an LAGC IFQ could 
be selected for observer coverage no more than twice in a given week. 
This revision is necessary because, due to an update to our pre-trip 
notification system, we will no longer be able to accommodate the limit 
of two trips per week. Because of the change, vessels may be selected 
more than twice in a given week, but we expect that this would be a 
very rare occurrence. The final revision, at Sec.  648.14(i)(4)(ii)(A) 
and (B), is a correction to the regulations that should have been made 
as part of Framework Adjustment 28 to the Scallop FMP (82 FR 15155; 
March 27, 2017). This correction clarifies that owners of IFQ vessels 
cannot have an ownership interest in vessels that collectively are 
allocated more than 5 percent of the total IFQ scallop APL, and that 
they may not have an IFQ allocation on an IFQ scallop vessel of more 
than 2.5 percent of the total IFQ scallop APL.

[[Page 17305]]

Changes From Proposed Rule to Final Rule

    We added prohibitions at Sec.  648.14(i)(4)(v) and (vi) to clarify 
that the flatfish accountability measures also apply to the LAGC IFQ 
fleet. We changed Sec.  648.53(d) and (h)(2)(v) to update the carryover 
provisions and clarify that the scallop fishing year ends in March. We 
included changes to the regulatory text in the Sec.  648.64(b) to 
describe the area west of 71[deg] W Long. as the Mid-Atlantic 
Accountability Measure Area. We more formally described this area for 
consistency between the accountability measure areas. This led to 
citation changes throughout Sec.  648.64 and in Sec.  648. 14(i)(2)(ix) 
and (x). We changed Sec.  648.64(c)(3) to clarify that vessels may not 
use trawl gear in any of the accountability measure gear restricted 
areas. We included changes to Sec.  648.14(i)(3)(v)(E) to remove 
unnecessary references to the Elephant Trunk Flex and Closed Area 2 
Extension Scallop Rotational Areas, which are now part of the open 
area. Finally, we included changes to the Closed Area 1 boundary at 
Sec.  648.60(c) to correct an error in the proposed rule.
    This rule also includes three minor revisions to address errors in 
the published regulatory text for the Omnibus Essential Fish Habitat 
Amendment (83 FR 15240; April 9, 2016). Regulatory text in Sec.  648.58 
was issued in error; that section should have been removed in the final 
rule because we did not approve measures in Closed Area II on Georges 
Bank. Therefore, Sec.  648.58 is removed and reserved in this final 
rule. The coordinates for the Western Gulf of Maine Closure Area (Sec.  
648.81(a)(4)) and the Restricted Gear Area II (Sec.  648.81(f)(4)) were 
incorrect and this final rule issues the correct coordinates for these 
two areas.

Comments and Responses

    We received two comments on the proposed rule during the public 
comment period: one that was unrelated to the proposed measures, as it 
was focused on worldwide air pollution; and one comment letter from the 
Fisheries Survival Fund (FSF) in support of the action. We are not 
addressing the unrelated comment in this final rule. FSF represents a 
majority of the limited access scallop fleet. The FSF comment letter is 
generally supportive of Framework 29, but raises three issues regarding 
implementation, as described and discussed below.
    Comment 1: FSF encourages NMFS to implement Framework 29 as soon as 
possible because the fleet is operating under default measures. FSF 
contends that operating under default measures presents difficulties 
for the fleet and associated shore-side entities regarding business 
planning. FSF notes that measures implemented through Amendment 19 to 
the Scallop FMP (81 FR 76516; November 3, 2016), which changed the 
start of the fishing year to April 1 and established a mechanism to 
speed up the approval and implementation of annual measures, should 
prevent us from delaying past April 1.
    Response: FSF correctly points out that the intent of Amendment 19 
was to ``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.'' While we agree that a simple 
specifications action should be implemented by the beginning of the 
fishing year, there were several extenuating circumstances regarding 
Framework 29 as a whole that pushed it beyond the scope of a simple 
specifications action. Prior to its approval of Framework 29 at its 
December meeting, the Council raised concerns that the complexity of 
Framework 29 could jeopardize efforts to meet the timeline for 
implementation in the NGOM. Specifically, the Council was concerned 
that if the NGOM measures in Framework 29 were not in place by April 1, 
2018, the limited access fleet could exceed its portion of the total 
allowable catch proposed in Framework 29, potentially undermining the 
sustainability of the NGOM fishery in the short term. To help prevent 
excessive fishing in the NGOM, we separated out and expedited 
implementation of the NGOM measures in Framework 29.
    Framework 29 contains other measures that are beyond the scope of a 
simple specifications setting action. Specifically, Framework 29 
adjusts the scallop fleet's accountability measures for two different 
flatfish stocks and develops an accountability measure for a third 
stock. In addition, to accommodate the industry's preference for 
adopting measures for this framework that would be dependent on NMFS' 
approval of the Omnibus Habitat Amendment, the Council developed four 
different specifications scenarios in Framework 29 accounting for all 
the possible approval outcomes of the Omnibus Habitat Amendment. This 
considerably increased the complexity of Framework 29. Further, because 
the final preferred alternatives were dependent on NMFS' decision on 
the Omnibus Habitat Amendment, the Council and NMFS had to delay the 
development of the EA and the proposed rule, respectively, to 
incorporate the relevant analyses and regulations into the final 
documents for this action. Because the fishing season has already 
opened, we intend to waive the 30-day delay in the date of 
effectiveness required under the Administrative Procedures Act, so that 
this final rule will be effective upon the date of publication (see the 
Classification section below). This should help ease any burden on 
business planning activities in the industry resulting from 
implementation of this action after the opening of the fishing season.
    Comment 2: FSF commented that it supports the approach to 
rotational area management in Framework 29. Specifically, it supports 
focusing fishing effort in areas for biological and economic reasons 
and a more targeted approach to habitat protection.
    Response: NMFS also supports the Council's approach to rotational 
area management within the limitations of the FMP. The intent of area 
rotation is to increase meat yield and yield-per-recruit and to 
minimize collateral adverse impacts on other fisheries and the marine 
environment. Area rotation is limited to those areas available to the 
scallop fleet; habitat closed areas or areas closed to scallop fishing 
under other FMPs are not available.
    Comment 3: FSF commented that the benefits derived from work by the 
Council and NMFS on Framework 29 and the Omnibus Habitat Amendment will 
be in vain if renewable energy planning by other Federal agencies 
creates large-scale closed areas in ways that are not carefully 
coordinated with the Scallop FMP's spatial management structure.
    Response: The New England and Mid-Atlantic Fishery Management 
Councils have each passed motions to write letters to the Secretary of 
the Interior and the Secretary of Commerce urging the Federal 
government to consider impacts on fisheries when developing wind energy 
projects. NMFS and both Councils are providing data and science to 
inform the Bureau of Ocean Energy Management (BOEM) of the Department 
of the Interior as it develops renewable energy areas. NMFS will 
continue to provide information and will coordinate with BOEM as 
appropriate. Both Councils will be commenting on BOEM proceedings 
regarding renewable energy areas off the east coast as they develop.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined

[[Page 17306]]

that this final rule is consistent with the FMP, other provisions of 
the Magnuson-Stevens Act, the Endangered Species Act, and other 
applicable law.
    OMB has determined that this rule is not significant pursuant to 
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 Assistant Administrator for Fisheries has determined that the 
need to implement the measures of this rule in an expedited manner are 
necessary to achieve conservation objectives for the scallop fishery 
and certain fish stocks, and to relieve other restrictions on the 
scallop fleet. This final rule relieves restriction and constitutes 
good cause, under authority contained in 5 U.S.C. 553(d)(1) and (3), to 
waive the 30-day delay in the date of effectiveness and to make the 
Framework 29 measures in this final rule effective on the date of 
publication in the Federal Register.
    Framework 29 could not have been put into place any sooner. The 
information and data necessary for the Council to develop the framework 
and forward it to NMFS was not available in time for this action to be 
implemented by either April 1, 2018, the beginning of the scallop 
fishing year, or by 30 days prior to April 1. NMFS published the 
proposed rule as quickly as possible after receiving Framework 29 from 
the Council. We received the final submission of the EA from the 
Council on March 14, 2018, and published the proposed rule on March 15, 
2018, with a comment period closing on March 30, 2018. We are 
publishing this final rule as quickly as possible after the close of 
the comment period.
    Because Framework 29 had not yet been approved and implemented on 
April 1, 2018, certain default measures, including access area 
designations, DAS, IFQ, RSA, and observer set-aside allocations that 
were developed in Framework Adjustment 28 to the Scallop FMP (82 FR 
15155; March 27, 2017) have already been put into place automatically. 
These default allocations were purposely set to be more conservative 
than what would eventually be implemented under Framework 29. Under the 
default measures, each full-time vessel has 21.75 DAS and one access 
area trip for 18,000 lb (8,165 kg) in the MAAA. In contrast, this final 
action provides full-time vessels with an additional 2.25 DAS (24 DAS 
total) and 90,000 lb (40,823 kg) in access area allocation (108,000 lb 
(48,988 kg) total). Further, LAGC IFQ vessels will receive an 
additional 554 mt (1,400 mt total) of allocation and 2,855 access area 
trips spread out across 4 access areas (3,426 trips total). 
Accordingly, this action relieves the more restrictive aspects of the 
default measures already in place. Thus, we have cause to waive the 30-
day delay in the date of effectiveness under 553(d)(1), because this 
final rule effectively relieves the restrictions of the more 
conservative default allocations. Delaying the implementation of this 
action for 30 days would delay positive economic benefits to the 
scallop fleet and could negatively impact the access area rotation 
program by delaying fishing in access areas that will become available 
under this final rule. This final rule contains no new measures that 
implement additional burdens on the fleet, and we do not expect that 
any members of the scallop industry will be aggrieved by waiving this 
delay. Therefore, the Assistant Administrator for Fisheries has 
concluded that we have good cause under 5 U.S.C. 553(d)(3), and has 
waived the 30-day delay in the date of effectiveness requirement of 5 
U.S.C. 553(d).
    Pursuant to section 604 of the Regulatory Flexibility Act (RFA), 
NMFS has completed a final regulatory flexibility analysis (FRFA) in 
support of Framework 29. The FRFA incorporates the IRFA, a summary of 
the significant issues raised by the public comments in response to the 
IRFA, NMFS responses to those comments, a summary of the analyses 
completed in the Framework 29 EA, and the preamble to this final rule. 
A summary of the IRFA was published in the proposed rule for this 
action and is not repeated here. A description of why this action was 
considered, the objectives of, and the legal basis for this rule is 
contained in Framework 29 and in the preambles to the proposed rule and 
this final rule, and is not repeated here. All of the documents that 
constitute the FRFA are available from NMFS and/or the Council, and a 
copy of the IRFA, the Regulatory Impact Review (RIR), and the EA are 
available upon request (see ADDRESSES).

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

    There were no specific comments on the IRFA.

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

    These regulations affect all vessels with limited access and LAGC 
scallop permits, but there is no differential effect based on whether 
the affected entities are small or large. Framework 29 provides 
extensive information on the number and size of vessels and small 
businesses that are affected by the regulations, by port and state (see 
ADDRESSES). Fishing year 2016 data were used for this analysis because 
these data are the most recent complete data set for a fishing year. 
There were 313 vessels that obtained full-time limited access permits 
in 2016, including 250 dredge, 52 small-dredge, and 11 scallop trawl 
permits. In the same year, there were also 34 part-time limited access 
permits in the sea scallop fishery. No vessels were issued occasional 
scallop permits. NMFS issued 225 LAGC IFQ permits in 2016, and 125 of 
these vessels actively fished for scallops that year. The remaining 
permit holders likely leased out scallop IFQ allocations with their 
permits in Confirmation of Permit History. In 2016, there were 27 NGOM 
vessels that actively fished.
    For RFA purposes, NMFS defines a small business in shellfish 
fishery as a firm that is independently owned and operated with 
receipts of less than $11 million annually (see 50 CFR 200.2). 
Individually-permitted vessels may hold permits for several fisheries, 
harvesting species of fish that are regulated by several different 
fishery management plans, even beyond those impacted by this proposed 
rule. Furthermore, multiple permitted vessels and/or permits may be 
owned by entities with various personal and business affiliations. For 
the purposes of this analysis, ``ownership entities'' are defined as 
those entities with common ownership as listed on the permit 
application. Only permits with identical ownership are categorized as 
an ``ownership entity.'' For example, if five permits have the same 
seven persons listed as co-owners on their permit applications, those 
seven persons would form one ``ownership entity,'' that holds those 
five permits. If two of those seven owners also co-own additional 
vessels, that ownership arrangement would be considered a separate 
``ownership entity'' for the purpose of this analysis.
    On June 1 of each year, ownership entities are identified based on 
a list of all permits for the most recent complete calendar year. The 
current ownership dataset is based on the calendar year 2016 permits 
and contains average gross

[[Page 17307]]

sales associated with those permits for calendar years 2014 through 
2016. Matching the potentially impacted 2016 fishing year permits 
described above (limited access permits and LAGC IFQ permits) to 
calendar year 2016 ownership data results in 161 distinct ownership 
entities for the limited access fleet and 115 distinct ownership 
entities for the LAGC IFQ fleet. Of these, and based on the Small 
Business Administration guidelines, 154 of the limited access distinct 
ownership entities and 113 of the LAGC IFQ entities are categorized as 
small. The remaining seven limited access and two LAGC IFQ entities are 
categorized as large. There were 27 distinct small business entities 
with NGOM permits and active NGOM vessels based on 2016 permits.

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

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

Description of the Steps the Agency has Taken to Minimize the 
Significant Economic Impact on Small Entities Consistent With the 
Stated Objectives of Applicable Statutes

    During the development of Framework 29, NMFS and the Council 
considered ways to reduce the regulatory burden on, and provide 
flexibility for, the regulated entities in this action. For instance, 
Framework 29 contains consistent gear restricted areas for three of the 
scallop fleet's flatfish accountability measures. This provides 
flexibility to the fleet compared to a closed area because it allows 
vessels to continue fishing with the accountability measure gear when 
an accountability measure is in effect. In addition, this action 
develops consistent gear restricted areas for each region (i.e., 
Georges Bank and Mid-Atlantic) to reduce confusion and regulatory 
burden on the fleet. Alternatives to the measures in this final rule 
are described in detail in Framework 29, which includes an EA, RIR, and 
IRFA (see ADDRESSES). The measures implemented by this final rule 
minimize the long-term economic impacts on small entities to the extent 
practicable. The only alternatives for the prescribed catch limits that 
were analyzed were those that met the legal requirements to implement 
effective conservation measures. Specifically, catch limits must be 
derived using SSC--approved scientific calculations based on the 
Scallop FMP. Moreover, the limited number of alternatives available for 
this action must also be evaluated in the context of an ever-changing 
fishery management plan, as the Council has considered numerous 
alternatives to mitigating measures every fishing year in amendments 
and frameworks since the establishment of the FMP in 1982.
    Overall, this rule minimizes adverse long-term impacts by ensuring 
that management measures and catch limits result in sustainable fishing 
mortality rates that promote stock rebuilding, and as a result, 
maximize optimal yield. The measures implemented by this final rule 
also provide additional flexibility for fishing operations in the 
short-term.

Small Entity Compliance Guide

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

List of Subjects 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: April 13, 2018.
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 NORTHEAST UNITED STATES

Subpart A--General Provisions

0
1. The authority citation for part 648 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq.


0
2. In Sec.  648.11, revise paragraph (g)(2)(ii) to read as follows:


Sec.  648.11  At-sea sea sampler/observer coverage.

* * * * *
    (g) * * *
    (2) * * *
    (ii) LAGC IFQ vessels. LAGC IFQ vessel owners, operators, or 
managers must notify the NMFS/NEFOP by telephone by 0001 hr of the 
Thursday preceding the week (Sunday through Saturday) that they intend 
to start any open area or access area scallop trip and must include the 
port of departure, open area or specific Sea Scallop Access Area to be 
fished, and whether fishing as a scallop dredge, scallop trawl vessel. 
NMFS/NEFOP must be notified by the owner, operator, or vessel manager 
of any trip plan changes at least 48 hr prior to vessel departure.
* * * * *

0
3. In Sec.  648.14:
0
a. Revise paragraphs (i)(1)(vi)(A); (i)(2)(vi)(B) and (C); and 
(i)(2)(ix);
0
b. Add paragraph (i)(2)(x);
0
c. Revise paragraphs (i)(3)(v)(E) and (i)(4)(ii)(A) and (B); and
0
d. Add paragraphs (i)(4)(v) and (vi).
    The revisions and additions read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (i) * * *
    (1) * * *
    (vi) * * *
    (A) Habitat Management Areas. (1) Fish for scallops in, or possess 
or land scallops from, the Habitat Management Areas specified in Sec.  
648.370.
    (2) Transit or enter the Habitat Management Areas specified in 
Sec.  648.370, except as provided by Sec.  648.61(b).
* * * * *
    (2) * * *
    (vi) * * *
    (B) Transit the Closed Area II Scallop Rotational Area, as defined 
in Sec.  648.60(d), 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.
    (C) Fish for, possess, or land scallops in or from an access area 
in excess of the vessel's remaining specific allocation for that area 
as specified in Sec.  648.59(b)(3) or the amount permitted to be landed 
from that area.
* * * * *
    (ix) Fish for scallops in the Mid-Atlantic Accountability Measure 
Area, described in Sec.  648.64(b)(2) with gear that does not meet the 
specifications described in Sec.  648.64(c) during the period specified 
in the notice announcing the Southern New England/Mid-Atlantic 
Yellowtail Flounder or the Southern Windowpane Flounder Gear Restricted 
Area described in Sec.  648.64(e) and (g), respectively.

[[Page 17308]]

    (x) Fish for scallops in the Georges Bank Accountability Measure 
Area described in Sec.  648.64(b)(1), with gear that does not meet the 
specifications described in Sec.  648.64(c) during the period specified 
in the notice announcing the Georges Bank Yellowtail Flounder or the 
Northern Windowpane Flounder Gear Restricted Area described in Sec.  
648.64(d) and (f), respectively.
* * * * *
    (3) * * *
    (v) * * *
    (E) Transit the Closed Area II Scallop Rotational Area, as defined 
in Sec.  648.60 (d), 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) * * *
    (ii) * * *
    (A) Have an ownership interest in vessels that collectively are 
allocated more than 5 percent of the total IFQ scallop APL as specified 
in Sec.  648.53(a)(8).
    (B) Have an IFQ allocation on an IFQ scallop vessel of more than 
2.5 percent of the total IFQ scallop APL as specified in Sec.  
648.53(a)(8).
* * * * *
    (v) Fish for scallops in the Mid-Atlantic Accountability Measure 
Area, described in Sec.  648.64(b)(2) with gear that does not meet the 
specifications described in Sec.  648.64(c) during the period specified 
in the notice announcing the Southern New England/Mid-Atlantic 
Yellowtail Flounder or the Southern Windowpane Flounder Gear Restricted 
Area described in Sec.  648.64(e) and (g), respectively.
    (vi) Fish for scallops in the Georges Bank Accountability Measure 
Area described in Sec.  648.64(b)(1), with gear that does not meet the 
specifications described in Sec.  648.64(c) during the period specified 
in the notice announcing the Georges Bank Yellowtail Flounder or the 
Northern Windowpane Flounder Gear Restricted Area described in Sec.  
648.64(d) and (f), respectively.
* * * * *

Subpart D--Management Measures for the Atlantic Sea Scallop Fishery

0
4. In Sec.  648.53 revise paragraphs (a)(8), (b)(3), (c) introductory 
text, (d), and (h)(2)(v) to read as follows:


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

    (a) * * *
    (8) The following catch limits will be effective for the 2018 and 
2019 fishing years:

                      Scallop Fishery Catch Limits
------------------------------------------------------------------------
              Catch limits                   2018 (mt)     2019 (mt) \1\
------------------------------------------------------------------------
Overfishing Limit.......................          72,055          69,633
Acceptable Biological Catch/ACL                   45,950          45,805
 (discards removed).....................
Incidental Catch........................              23              23
Research Set-Aside (RSA)................             567             567
Observer Set-Aside......................             460             458
ACL for fishery.........................          44,900          44,757
Limited Access ACL......................          42,431          42,295
LAGC Total ACL..........................           2,470           2,462
LAGC IFQ ACL (5 percent of ACL).........           2,245           2,238
Limited Access with LAGC IFQ ACL (0.5                225             224
 percent of ACL)........................
Limited Access ACT......................          37,964          37,843
Closed Area 1 Unharvested Allocation \3\             743             n/a
APL.....................................          25,451           (\1\)
Limited Access Projected Landings (94.5           24,051           (\1\)
 percent of APL)........................
Total IFQ Annual Allocation (5.5 percent           1,400           1,050
 of APL) \2\............................
LAGC IFQ Annual Allocation (5 percent of           1,273             955
 APL) \2\...............................
Limited Access with LAGC IFQ Annual                  127              95
 Allocation (0.5 percent of APL) \2\....
------------------------------------------------------------------------
\1\ The catch limits for the 2019 fishing year are subject to change
  through a future specifications action or framework adjustment. This
  includes the setting of an APL for 2019 that will be based on the 2018
  annual scallop surveys. The 2019 default allocations for the limited
  access component are defined for DAS in paragraph (b)(3) of this
  section and for access areas in Sec.   648.59(b)(3)(i)(B).
\2\ As a precautionary measure, the 2019 IFQ annual allocations are set
  at 75 percent of the 2018 IFQ Annual Allocations.
\3\ One-time allocation in 2018 of unharvested Limited Access
  allocations to Closed Area I from fishing years 2012 and 2013.

    (b) * * *
    (3) The DAS allocations for limited access scallop vessels for 
fishing years 2018 and 2019 are as follows:

                    Scallop Open Area DAS Allocations
------------------------------------------------------------------------
            Permit  category                   2018          2019 \1\
------------------------------------------------------------------------
Full-Time...............................           24.00           18.00
Part-Time...............................            9.60            7.20
Occasional..............................            2.00             1.5
------------------------------------------------------------------------
\1\ The DAS allocations for the 2019 fishing year are subject to change
  through a future specifications action or framework adjustment. The
  2019 DAS allocations are set at 75 percent of the 2018 allocation as a
  precautionary measure.

    (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.

[[Page 17309]]

For example, assuming a 300,000-lb (136-mt) overage of the limited 
access fishery's sub-ACL in Year 1, an open area LPUE of 2,500 lb (1.13 
mt) per DAS in Year 2, and 313 full-time vessels, each full-time 
vessel's DAS for Year 2 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 Year 1 would 
result in the DAS reduction AM in Year 2. 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 Year 1 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 Year 2 would 
be reduced by 1 DAS.
* * * * *
    (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 March 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.
* * * * *
    (h) * * *
    (2) * * *
    (v) End-of-year carry-over for IFQ. (A) With the exception of 
vessels that held a Confirmation of Permit History as described in 
Sec.  648.4(a)(2)(ii)(L) for the entire fishing year preceding the 
carry-over year, LAGC IFQ vessels that have unused IFQ on the last day 
of March of any year may carry over up to 15 percent of the vessel's 
original IFQ plus the total of IFQ transferred to such vessel minus the 
total IFQ transferred from such vessel (either temporary or permanent) 
IFQ into the next fishing year. For example, a vessel with a 10,000-lb 
(4,536-kg) IFQ and 5,000-lb (2,268-kg) of leased IFQ may carry over 
2,250 lb (1,020 kg) of IFQ (i.e., 15 percent of 15,000 lb (6,804 kg)) 
into the next fishing year if it landed 12,750 lb (5,783 kg) (i.e., 85 
percent of 15,000 lb (6,804 kg)) of scallops or less in the preceding 
fishing year. Using the same IFQ values from the example, if the vessel 
landed 14,000 lb (6,350 kg) of scallops, it could carry over 1,000 lb 
(454 kg) of scallops into the next fishing year.
* * * * *


Sec.  648.58   [Removed and Reserved]

0
5. Remove and reserve Sec.  648.58.

0
6. In Sec.  648.59, revise paragraphs (a) introductory text, (a)(2) and 
(3), (b)(3)(i)(B), and (b)(3)(ii), (c), (e), and (g)(3)(v) 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 i