Fisheries of the Northeastern United States; Framework Adjustment 30 to the Atlantic Sea Scallop Fishery Management Plan, 11436-11445 [2019-05748]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 84, Number 59 (Wednesday, March 27, 2019)]
[Rules and Regulations]
[Pages 11436-11445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05748]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.: 181210999-9239-02]
RIN 0648-BI66


Fisheries of the Northeastern United States; Framework Adjustment 
30 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 the measures of Framework 
Adjustment 30 to the Atlantic Sea Scallop Fishery Management Plan that 
establish scallop specifications and other measures for fishing years 
2019 and 2020. This action is necessary to respond to updated 
scientific information, and the intended effect of this rule is to 
prevent overfishing, improve both yield-per-recruit and the overall 
management of the Atlantic sea scallop resource, and implement these 
measures for the 2019 fishing year.

DATES: Effective April 1, 2019.

ADDRESSES: The New England Fishery Management Council developed an 
environmental assessment (EA) for this action that describes the 
measures in Framework Adjustment 30 and other considered alternatives 
and analyzes the impacts of the measures and alternatives. Copies of 
Framework 30, the EA, the Initial Regulatory Flexibility Analysis 
(IRFA), and information on the economic impacts of this rulemaking are 
available upon request from Thomas A. Nies, Executive Director, New 
England Fishery Management Council, 50 Water Street, Newburyport, MA 
01950 and accessible via the internet in documents available at: 
https://www.nefmc.org/library/framework-30-1.
    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 30 to 
the Atlantic Sea Scallop Fishery Management Plan (FMP) on December 5, 
2018, and submitted a final EA to NMFS on March 7, 2019, for approval. 
NMFS published a proposed rule for Framework 30 on February 20, 2019 
(84 FR 5035). To help ensure that the final rule would be implemented 
before April 1, 2019, the start of the fishing year, the proposed rule 
included a 15-day public comment period that closed on March 7, 2019.
    NMFS has approved all of the measures in Framework 30 recommended 
by the Council, as described below. This final rule implements 
Framework 30, which establishes scallop specifications and other 
measures for fishing years 2019 and 2020, including changes to the 
catch, effort, and quota allocations and adjustments to the rotational 
area management program for fishing year 2019, and default 
specifications for fishing year 2020. 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 FMP, the 
Magnuson-Stevens Act and its National Standards, and other applicable 
law. NMFS generally defers 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 (ACLs), Annual Catch Targets (ACTs), 
Annual Projected Landings (APLs) and Set-Asides for the 2019 Fishing 
Year, and Default Specifications for Fishing Year 2020

    The allocations incorporate updated biomass reference points that 
resulted from the Northeast Fisheries Science Center's most recent 
scallop stock benchmark assessment that was completed in August 2018. 
The assessment reviewed and updated the data and models used to assess 
the scallop stock and ultimately updated the reference points for 
status determinations. The scallop stock is considered overfished if 
the biomass is less than half of the biomass at maximum sustainable 
yield (Bmsy), and overfishing is occurring if fishing 
mortality (F) is above the fishing mortality at maximum sustainable 
yield (Fmsy). The assessment found that the scallop resource 
is not overfished and overfishing is not occurring, but the estimates 
for Fmsy and Bmsy have changed. A comparison of 
the old and new reference points is outlined in Table 1.

[[Page 11437]]



 Table 1--Summary of Old and New Scallop Reference Points From the Last
        Two Benchmark Scallop Stock Assessments in 2014 and 2018
------------------------------------------------------------------------
                                    2014 assessment     2018 assessment
------------------------------------------------------------------------
Fmsy............................  0.48..............  0.64
Bmsy............................  96,480 mt.........  116,766 mt
1/2 Bmsy........................  48,240 mt.........  58,383 mt
------------------------------------------------------------------------

    Due to these reference point updates, the fishing mortality rates 
that the Council uses to set OFL, ABC, and ACL are updated through this 
action. The OFL was set based on an F of 0.64, equivalent to the F 
threshold updated through the 2018 assessment. The ABC and the 
equivalent total ACL for each fishing year are based on an F of 0.51, 
which is the F associated with a 25-percent probability of exceeding 
the OFL. The Council's Scientific and Statistical Committee (SSC) 
recommended scallop fishery ABCs of 125.7 million lb (57,003 mt) for 
2019 and 101.5 million lb (46,028 mt) for the 2020 fishing year, after 
accounting for discards and incidental mortality. The SSC will 
reevaluate and potentially adjust its ABC recommendation for 2020 when 
the Council begins to develop the next framework adjustment in the 
summer of 2019.
    Table 2 outlines the scallop fishery catch limits derived from the 
ABC values and the projected landings of the fleet.

 Table 2--Scallop Catch Limits (mt) for Fishing Years 2019 and 2020 for
                 the Limited Access and LAGC IFQ Fleets
------------------------------------------------------------------------
              Catch limits                   2019 (mt)     2020 (mt) \1\
------------------------------------------------------------------------
Overfishing Limit.......................          73,421          59,447
Acceptable Biological Catch/ACL                   57,003          46,028
 (discards removed).....................
Incidental Catch........................              23              23
Research Set-Aside (RSA)................             567             567
Observer Set-Aside......................             570             460
ACL for fishery.........................          55,843          44,978
Limited Access ACL......................          52,772          42,504
LAGC Total ACL..........................           3,071           2,474
LAGC IFQ ACL (5 percent of ACL).........           2,792           2,249
Limited Access with LAGC IFQ ACL (0.5                279             225
 percent of ACL)........................
Limited Access ACT......................          47,598          38,337
APL (after set-asides removed)..........          27,209  ([hairsp]\1\[h
                                                                 airsp])
Limited Access Projected Landings (94.5           25,713  ([hairsp]\1\[h
 percent of APL)........................                         airsp])
Total IFQ Annual Allocation (5.5 percent           1,497           1,122
 of APL) \2\............................
LAGC IFQ Annual Allocation (5 percent of           1,360           1,020
 APL) \2\...............................
Limited Access with LAGC IFQ Annual                  136             102
 Allocation (0.5 percent of APL) \2\....
------------------------------------------------------------------------
\1\ The catch limits for the 2020 fishing year are subject to change
  through a future specifications action or framework adjustment. This
  includes the setting of an APL for 2020 that will be based on the 2019
  annual scallop surveys.
\2\ As a precautionary measure, the 2020 IFQ annual allocations are set
  at 75 percent of the 2019 IFQ Annual Allocations.

    This action deducts 1.25 million lb (567 mt) of scallops annually 
for 2019 and 2020 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 103,418 lb (46,902 kg) 
to previously-funded multi-year projects as part of the 2018 RSA awards 
process. NMFS is reviewing proposals submitted for consideration of 
2019 RSA awards and will be selecting and announcing 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 570 mt for 2019 and 460 mt 
for 2020. In fishing year 2019, 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 250 
lb (113 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 250 lb (113 kg) per trip 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 2020 observer set-aside when it develops 
specific, non-default measures for 2020.

Open Area 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 2019 and 2020 (Table 3). The 2019 
DAS allocations are the same as those allocated to the limited access 
fleet in 2018. Framework 30 sets 2020 DAS allocations at 75 percent of 
fishing year 2019 DAS allocations as a precautionary measure. This is 
to avoid over-allocating DAS to the fleet in the event that the 2020 
specifications action is delayed past the start of the 2020 fishing 
year. The allocations in Table 3 exclude any DAS deductions that are 
required if, when calculating final landings for fishing year 2018, 
NMFS determines that the limited access scallop fleet exceeded its 2018 
sub-ACL.

      Table 3--Scallop Open Area DAS Allocations for 2019 and 2020
------------------------------------------------------------------------
                                                                 2020
                Permit category                     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 2019 and the start of 2020, Framework 30 keeps the 
Mid-Atlantic Access Area (MAAA), Nantucket Lightship-West Access Area 
(NLS-W), and Closed Area 1 Access Area (CA1) open as access areas. In 
addition, this action closes the Nantucket Lightship-South Access Area 
(NLS-S). However, vessels are still able to fish fishing year 2018 
allocation in NLS-S during the first 60 days of the 2019 fishing year.

[[Page 11438]]

Closed Area 1 Flex Allocation

    Framework 30 allocates a new type of flexible allocation in CA1. 
Limited access full-time and part-time vessels will be allocated 18,000 
lb (8,165 kg) and 17,000 lb (7,711 kg), respectively, of flexible 
allocation (flex allocation) in CA1 (Table 4 and Table 5). Because of 
uncertainty about the condition of the resource in CA1, scallops 
allocated to the limited access fleet in CA1 can be landed in any 
available access area. For the 2019 fishing year and the first 60 days 
of the 2020 fishing year, limited access vessels may choose to land CA1 
flex allocation from any access area available in fishing year 2019 
(i.e., CA1, MAAA, and/or NLS-W). For example, a full-time vessel can 
take a trip in the CA1 and land 10,000 lb (4,536 kg) from that area, 
leaving the vessel with 8,000 lb (3,629 kg) of the CA1 flex allocation 
available, which can be landed from CA1, MAAA, and/or NLS-W. Trips can 
be combined with allocation dedicated to other areas, provided the 
18,000-lb (8,165-kg) possession limit is not exceeded on any one trip.
    Table 4 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 18,000-lb (8,165-kg) 
possession limit on any one trip.

Table 4--Scallop Access Area Full-Time Limited Access Vessel Poundage Allocations and Trip Possession Limits for
                                                  2019 and 2020
----------------------------------------------------------------------------------------------------------------
                                                                                                 2020 Scallop
     Rotational access area              Scallop possession limit            2019 Scallop         allocation
                                                                              allocation           (default)
----------------------------------------------------------------------------------------------------------------
Closed Area 1 Flex *............                                         18,000 lb (8,165     0 lb (0 kg).
                                                                          kg).
---------------------------------                                       ----------------------------------------
Nantucket Lightship-West........  18,000 lb (8,165 kg) per trip........  54,000 lb (24,494    18,000 lb (8,165
                                                                          kg).                 kg).
---------------------------------                                       ----------------------------------------
Mid-Atlantic....................                                         54,000 lb (24,494    18,000 lb (8,165
                                                                          kg).                 kg).
----------------------------------------------------------------------------------------------------------------
    Total.......................  .....................................  126,000 lb (57,153   36,000 lb (16,329
                                                                          kg).                 kg.)
----------------------------------------------------------------------------------------------------------------
* Closed Area 1 flex allocation can be landed in any available access area.

    Table 5 provides the limited access part-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 17,000-lb (7,711-kg) 
possession limit on any one trip.

Table 5--Scallop Access Area Part-Time Limited Access Vessel Poundage Allocations and Trip Possession Limits for
                                                  2019 and 2020
----------------------------------------------------------------------------------------------------------------
                                                                                                 2020 Scallop
     Rotational access area              Scallop possession limit            2019 Scallop         allocation
                                                                              allocation           (default)
----------------------------------------------------------------------------------------------------------------
Closed Area 1 Flex *                                                     17,000 lb (7,711     0 lb (0 kg)
                                                                          kg).
---------------------------------                                       ----------------------------------------
Nantucket Lightship West          17,000 lb (7,711 kg) per trip........  17,000 lb (7,711     7,200 lb (3,266
                                                                          kg).                 kg)
---------------------------------                                       ----------------------------------------
Mid-Atlantic                                                             17,000 lb (7,711     7,200 lb (3,266
                                                                          kg).                 kg)
                                 -------------------------------------------------------------------------------
    Total.......................  .....................................  51,000 lb (23,133    14,400 lb (6,532
                                                                          kg).                 kg)
----------------------------------------------------------------------------------------------------------------
* Closed Area 1 flex allocation can be landed in any available access area.

    For the 2019 fishing year, an occasional limited access vessel is 
allocated 10,500 lb (4,763 kg) of scallops with a trip possession limit 
of 10,500 lb (4,763 kg) of scallops per trip. Occasional vessels can 
harvest 10,500 lb (4,763 kg) allocation from only one of three 
available access areas (CA1, NLS-W, or MAAA). For the 2020 fishing 
year, occasional limited access vessels are allocated 10,500 lb (4,763 
kg) in the MAAA only with a trip possession limit of 10,500 lb (4,763 
kg) per trip.

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 to another access 
area. These exchanges may only be made for the amount of the current 
trip possession limit (18,000 lb (8,165 kg) for full-time vessels and 
17,000 lb (7,711 kg) for part-time vessels). In addition, these 
exchanges can 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.

LAGC Measures

    1. ACL and IFQ Allocation for LAGC Vessels with IFQ Permits. For 
LAGC vessels with IFQ permits, this action implements a 2,792-mt ACL 
for 2019 and a 2,249-mt default ACL for 2020 (see Table 2). These sub-
ACLs have no associated regulatory or management requirements, but 
provide a ceiling on overall landings by the LAGC IFQ fleets. 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 year 2019 is 1,360 mt and 1,020 mt for 2020 (see 
Table 2). 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 279-mt ACL for 2019 and a default 225-mt ACL for 
2020 (see Table 2). These sub-ACLs have no associated regulatory or 
management requirements, but provide a ceiling on overall landings by 
this fleet. 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 year 2019 is 136 mt 
and 102 mt for 2020 (see Table 2). Each vessel's IFQ is calculated from 
these allocations based on APL.

[[Page 11439]]

    3. LAGC IFQ Trip Allocations for Scallop Access Areas. Framework 30 
allocates LAGC IFQ vessels a fleet-wide number of trips in the CA1, 
NLS-W, and MAAA for fishing year 2019 and default fishing year 2020 
trips in the MAAA (see Table 6). The scallop catch associated with the 
total number of trips for all areas combined (3,997) for fishing year 
2019 is equivalent to the 5.5 percent of total catch from access areas.

   Table 6--Fishing Years 2019 and 2020 LAGC IFQ Trip Allocations for
                          Scallop Access Areas
------------------------------------------------------------------------
                                                                   2020
                  Scallop access area                     2019     \1\
------------------------------------------------------------------------
Closed Area 1.........................................      571        0
Nantucket Lightship-West..............................    1,713      571
Mid-Atlantic..........................................    1,713      571
                                                       -----------------
    Total.............................................    3,997    1,142
------------------------------------------------------------------------
\1\ The LAGC IFQ access area trip allocations for the 2020 fishing year
  are subject to change through a future specifications action or
  framework adjustment.

    4. Northern Gulf of Maine (NGOM) TAC. This action implements a 
205,000-lb (92,986-kg) annual NGOM TAC for fishing year 2019 and a 
170,000-lb (77,111-kg) default TAC for fishing year 2020. The NGOM 
portions of Framework 29 (83 FR 12857; March 26, 2018) developed a 
methodology for splitting the TAC between the LAGC and the limited 
access fleets. The limited access portion of the TAC may only be fished 
by vessels participating in the RSA program that are participating in a 
project that has been allocated NGOM RSA allocation. Table 7 describes 
the division of the TAC for the 2019 and 2020 (default) fishing years.

                                Table 7--NGOM TACs for Fishing Year 2019 and 2020
----------------------------------------------------------------------------------------------------------------
                                                               2019                       2020 (default)
                      Fleet                      ---------------------------------------------------------------
                                                        lb              kg              lb              kg
----------------------------------------------------------------------------------------------------------------
LAGC............................................         137,500          62,369         120,000          54,431
Limited access..................................          67,500          30,617          50,000          22,680
                                                 ---------------------------------------------------------------
    Total.......................................         205,000          92,986         170,000          77,111
----------------------------------------------------------------------------------------------------------------

    5. Scallop Incidental Catch Target TAC. This action implements a 
50,000-lb (22,680-kg) scallop incidental catch target TAC for fishing 
years 2019 and 2020 to account for mortality from vessels that catch 
scallops while fishing for other species, and to ensure that F targets 
are not exceeded. The Council and NMFS may adjust this target TAC in a 
future action if vessels catch more scallops under the incidental 
target TAC than predicted.

RSA Harvest Restrictions

    This action allows vessels participating in RSA projects to harvest 
RSA compensation from NLS-W, MAAA, and the open area. All vessels are 
prohibited from harvesting RSA compensation pounds in CA1. Vessels are 
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 implemented in the NGOM portions 
of Framework 29. Finally, Framework 30 prohibits the harvest of RSA 
from any access areas under default 2020 measures. At the start of the 
2020 fishing year, RSA compensation can only be harvested from open 
areas. The Council will likely re-evaluate this default prohibition 
measure in the action that will set final 2020 specifications.

Standardized Default Allocations

    The Scallop FMP allocates fishery specifications on an annual basis 
including open-area DAS and access area trips for the limited access 
component, IFQ to qualifying LAGC IFQ vessels, and access area trips to 
the LAGC IFQ fleet. Default specifications have been developed in this 
annual process so that the fishery may continue to operate at a 
conservative level if updated specifications are not in place by April 
1 (start of the fishing year). This action standardizes the process for 
developing some default measures.
    Framework 30 standardizes the default DAS allocations for the 
limited access fleet. During the specifications setting process, each 
limited access permit type receives 75 percent of Fishing Year 1 open 
area DAS to begin the subsequent fishing year. In addition, this action 
standardizes the default LAGC IFQ allocation. The LAGC IFQ component 
receives 75 percent of Fishing Year 1 quota allocation. This action 
does not allocate default access area trips for the limited access or 
LAGC IFQ component, and it does not standardize default allocations to 
the NGOM.

Standardized Approach To Setting LAGC IFQ Access Area Trips

    The LAGC IFQ fishery is allocated a fleetwide total number of 
access area trips. Individual vessels are not required to take trips in 
specific areas as is the case for access area trips allocated to the 
limited access fishery. Instead, a maximum number of trips are 
identified for each area and, once that limit is reached, the area 
closes to all LAGC IFQ vessels for the remainder of the fishing year. 
The level of allocation can vary and is specified in each framework 
action. Framework 30 standardizes overall access area allocations to 
the LAGC IFQ component by allocating the amount equivalent to 5.5 
percent of total projected access area harvest by the limited access 
and LAGC IFQ components. The total projected access area harvest will 
be set by:
    1. First, multiplying the number of full-time access area trips by 
the full-time limited access fleet's access area possession limit and 
the number of full-time equivalent permits in the fishery (327);
    2. Next, dividing the expected limited access fleet's access area 
harvest by 0.945 to calculate total expected access area harvest; and
    3. Finally, calculating the number of access area trips allocated 
to the LAGC IFQ fleet by dividing 5.5 percent of total expected access 
area harvest by the LAGC IFQ possession limit.

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 
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

[[Page 11440]]

revisions, at Sec.  648.52(g) and Sec.  648.59(d), clarify that LAGC 
IFQ and limited access scallop vessels, respectively, cannot exceed the 
scallop possession limit unless they are carrying an observer. The 
second revision, at Sec.  648.53(h)(4)(ii) and (iii), adjusts the 
specific timing for the LAGC IFQ Cost Recovery Program to more 
accurately reflect the realities and limitations of how the program has 
been operating. The current regulatory language states that NMFS shall 
mail out cost recovery bills on or about October 31 of each year, and 
that the fee must be paid by January 1 of each year. In practice, it is 
not possible for NMFS to prepare bills on or before October 31, because 
it does not provide enough time to collect any data from the last few 
weeks of the cost recovery year, run quality assurance and quality 
control checks on that data, determine total recoverable costs, and 
generate bills. We have determined that cost recovery can be 
accomplished more effectively and clearly by simply giving up to 60 
days for the bill to be paid after it is mailed.

Comments and Responses

    We did not receive any comments on the proposed rule.

Changes From the Proposed Rule

    We corrected a typographical error at Sec.  648.62(b)(1) that 
listed the LAGC portion of the 2020 NGOM TAC in kilograms as 5,443 kg 
(12,000 lb). The actual LAGC portion of the 2020 NGOM TAC is 54,431 kg 
(120,000 lb). The pounds listed in the proposed rule were correct.

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 FMP, other provisions of the Magnuson-Stevens 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 constitutes good cause, under authority contained 
in 5 U.S.C. 553(d)(3), to waive the 30-day delay in the date of 
effectiveness and to make the final Framework 30 measures effective on 
April 1, 2019.
    The 2019 fishing year begins on April 1, 2019. If Framework 30 is 
delayed beyond April 1, certain default measures, including access area 
designations, DAS, IFQ, RSA and observer set-aside allocations, would 
automatically be put into place. These default allocations were set 
more conservatively than what would eventually be implemented under 
Framework 30. Under default measures, each full-time vessel has 18 DAS 
and one access area trip for 18,000 lb (8,165 kg) in the Mid-Atlantic 
Access Area. We have good cause to waive the 30-day delay in 
effectiveness because this action provides full-time vessels with an 
additional 6 DAS (24 DAS total) and 108,000 lb (48,988 kg) in access 
area allocation (126,000 lb (57,153 kg) total). Further, LAGC IFQ 
vessels will receive an additional 447-mt (1,497-mt total) of 
allocation and 3,426 access area trips spread out across 3 access areas 
(3,997 trips total). Accordingly, this action prevents more restrictive 
aspects of the default measures from going into place. Framework 30 
could not have been put into place sooner to allow for a 30-day delayed 
effectiveness because the information and data necessary for the 
Council to develop the framework was not available in time for this 
action to be forwarded to NMFS and implemented by April 1, 2019, the 
beginning of the scallop fishing year.
    Further, following the lapse in appropriations, NMFS published the 
proposed rule as quickly as possible, allowing for only a 15-day 
comment period, after receiving a draft of Framework 30 from the 
Council, and NMFS published the final rule as quickly as possible after 
the close of the comment period. 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 should be available. 
Therefore, the Assistant Administrator for Fisheries 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 30. 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 30 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 30 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. As explained in the proposed 
rule, the regulations are expected to result in slightly higher profits 
for small entities when compared to status quo. Framework 30 provides 
extensive information on the number and size of vessels and small 
businesses that will be affected by the regulations, by port and state 
(see ADDRESSES). Fishing year 2017 data were used for this analysis 
because these data are the most recent complete data set for a fishing 
year. There were 307 vessels that held full-time limited access permits 
in 2017, including 247 dredge, 50 small-dredge, and 10 scallop trawl 
permits. In the same year, there were also 31 part-time limited access 
permits in the sea scallop fishery. No vessels were issued occasional 
scallop permits in 2017. NMFS issued 240 LAGC IFQ permits and 95 LAGC 
NGOM permits in 2017, of which, about 127 of the IFQ vessels and 32 
NGOM vessels declared scallop trips in 2017. The remaining IFQ permits 
likely leased out scallop IFQ allocations with their permits in 
Confirmation of Permit History. Section 6.5 of Framework 30 provides 
extensive information on the number and size of vessels that will be 
affected by the regulations, their home and principal state, dependency 
on the scallop

[[Page 11441]]

fishery, and revenues and profits (see ADDRESSES).
    For RFA purposes, NMFS defines a small business in a 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 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 between the two owners for the additional vessels 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 2017 permits. 
This analysis considers average gross sales associated with the permits 
in the current ownership dataset for calendar years 2015 through 2017 
to provide a recent average. Matching the potentially impacted 2017 
fishing year permits (limited access permits and LAGC IFQ permits) to 
calendar year 2017 ownership data results in 164 distinct ownership 
entities for the limited access fleet, and 101 distinct ownership 
entities for the LAGC IFQ fleet. Of these, based on the Small Business 
Administration guidelines, 157 of the limited access distinct ownership 
entities and 101 of the LAGC IFQ entities are categorized as small 
entities. The remaining seven of the limited access and none of the 
LAGC IFQ entities are categorized as large entities. There were 32 
distinct small business entities with active NGOM permits in 2017.

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 30, 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 30 standardizes default specifications for limited access DAS 
and LAGC IFQ allocation and standardizes the approach used to set the 
number of access area trips available to for the LAGC. This reduces 
confusion for the fleet and allows them to better plan future 
scenarios. In addition, Framework 30 implements flexible allocation in 
CA1. This was intended to provide flexibility to the fleet by allowing 
them to fish this allocation in any available access. Alternatives to 
the measures in this final rule are described in detail in Framework 
30, 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 FMP, 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: March 21, 2019.
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.  648.14:
0
a. Remove and reserve paragraph (i)(2)(viii); and
0
b. Revise paragraphs (i)(4)(i)(C) and (i)(5)(iii).
    The revisions read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (i) * * *
    (4) * * *
    (i) * * *
    (C) Declare into the NGOM scallop management area after the 
effective date of a notification published in the Federal Register 
stating that the LAGC share of the NGOM scallop management area TAC has 
been harvested as specified in Sec.  648.62, unless the vessel is 
fishing exclusively in state waters, declared a state-waters only NGOM 
trip, and is participating in an approved state waters exemption 
program as specified in Sec.  648.54, or unless the vessel is 
participating in the scallop RSA program as specified in Sec.  648.56.
* * * * *
    (5) * * *
    (iii) Fish for, possess, or land scallops in state or Federal 
waters of the NGOM management area after the effective date of 
notification in the Federal Register that the LAGC share of the NGOM 
scallop management area TAC has been

[[Page 11442]]

harvested as specified in Sec.  648.62, unless the vessel is fishing 
exclusively in state waters, declared a state-waters only NGOM trip, 
and is participating in an approved state waters exemption program as 
specified in Sec.  648.54, or unless the vessel is participating in the 
scallop RSA program as specified in Sec.  648.56.
* * * * *

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

0
3. In Sec.  648.52, revise paragraph (g) to read as follows:


Sec.  648.52  Possession and landing limits.

* * * * *
    (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, an allowance of scallops in addition to the possession 
limit, 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 LAGC IFQ 
vessel possession limit is 600 lb (272.2 kg) and the additional 
allowance to defray the cost of an observer is 200 lb (90.7 kg), the 
vessel could retain up to 800 lb (362.9 kg) when carrying an observer, 
regardless of trip length. If a vessel does not land its additional 
allowance on the trip while carrying an observer, the additional 
allowance will be added to the vessel's IFQ allocation, and it may land 
it on a subsequent trip. However, the vessel may not exceed the IFQ 
trip possession limit as described in Sec.  648.52(a) unless it is 
actively carrying an observer.

0
4. Amend Sec.  648.53 by:
0
a. Revising paragraphs (a)(6)(iii), (a)(8), and (b)(3);
0
b. Adding paragraph (b)(4); and
0
c. Revising paragraphs (c)(1) and (2) and (h)(4)(ii) and (iii).
    The revisions and additions 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) * * *
    (6) * * *
    (iii) LAGC IFQ fleet annual allocation. (A) The annual allocation 
for the LAGC IFQ fishery for vessels issued an LAGC IFQ scallop permit 
and not also issued a limited access permit shall be equal to 5 percent 
of the APL. The annual allocation 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 APL.
    (B) Standardized default LAGC IFQ allocation. Unless otherwise 
specified by the Council through the framework adjustment or 
specifications process defined in Sec.  648.55, after the first-year 
allocation expires, the second-year default allocation, as described in 
Sec.  648.55(a), shall be set at 75 percent of the first-year 
allocation for all vessels issued an LAGC IFQ scallop permit and not 
also issued a limited access permit and for vessels issued both an LAGC 
IFQ scallop permit and a limited access scallop permit. After the 
second-year default allocation expires, the third year allocation would 
be set to zero until replaced by subsequent allocations.
* * * * *
    (8) The following catch limits will be effective for the 2019 and 
2020 fishing years:

                      Scallop Fishery Catch Limits
------------------------------------------------------------------------
              Catch limits                   2019 (mt)     2020 (mt) \1\
------------------------------------------------------------------------
Overfishing Limit.......................          73,421          59,447
Acceptable Biological Catch/ACL                   57,003          46,028
 (discards removed).....................
Incidental Catch........................              23              23
Research Set-Aside (RSA)................             567             567
Observer Set-Aside......................             570             460
ACL for fishery.........................          55,843          44,978
Limited Access ACL......................          52,772          42,504
LAGC Total ACL..........................           3,071           2,474
LAGC IFQ ACL (5 percent of ACL).........           2,792           2,249
Limited Access with LAGC IFQ ACL (0.5                279             225
 percent of ACL)........................
Limited Access ACT......................          47,598          38,337
APL (after set-asides removed)..........          27,209           (\1\)
Limited Access Projected Landings (94.5           25,713           (\1\)
 percent of APL)........................
Total IFQ Annual Allocation (5.5 percent           1,497           1,122
 of APL) \2\............................
LAGC IFQ Annual Allocation (5 percent of           1,360           1,020
 APL) \2\...............................
Limited Access with LAGC IFQ Annual                  136             102
 Allocation (0.5 percent of APL) \2\....
------------------------------------------------------------------------
\1\ The catch limits for the 2020 fishing year are subject to change
  through a future specifications action or framework adjustment. This
  includes the setting of an APL for 2020 that will be based on the 2019
  annual scallop surveys. The 2020 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 specified in (a)(6)(iii)(B) of this section, the 2020 IFQ annual
  allocations are set at 75 percent of the 2019 IFQ Annual Allocations.

* * * * *
    (b) * * *
    (3) The DAS allocations for limited access scallop vessels for 
fishing years 2019 and 2020 are as follows:

                    Scallop Open Area DAS Allocations
------------------------------------------------------------------------
             Permit category                   2019          2020 \1\
------------------------------------------------------------------------
Full-Time...............................           24.00           18.00
Part-Time...............................            9.60            7.20
Occasional..............................            2.00             1.5
------------------------------------------------------------------------
\1\ The DAS allocations for the 2020 fishing year are subject to change
  through a future specifications action or framework adjustment. The
  2020 DAS allocations are set at 75 percent of the 2019 allocation as a
  precautionary measure.

    (4) Standardized default DAS allocations. Unless otherwise 
specified by the Council through the framework adjustment or 
specifications process defined in Sec.  648.55, after the first-year 
allocations expire, the second-year default limited access DAS 
allocations, as described in Sec.  648.55(a), shall be set at 75 
percent of the first-year allocation. After the second-year default 
allocation expires, the third year allocation would be set to zero 
until replaced by subsequent allocations.

[[Page 11443]]

    (c) * * *
    (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 0.46, the AM specified in 
paragraph (c) of this section shall not take effect. The fishing 
mortality rate of 0.46 is the fishing mortality rate that is one 
standard deviation below the fishing mortality rate for the scallop 
fishery ACL, currently estimated at 0.51.
    (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 number 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 0.46. 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.
* * * * *
    (h) * * *
    (4) * * *
    (ii) Fee payment procedure. On or about October 31 of each year 
NMFS shall mail a cost recovery bill to each IFQ scallop permit holder 
for the previous cost recovery period. An IFQ scallop permit holder who 
has incurred a fee must pay the fee to NMFS within 60 days from the 
date of mailing of the recovery bill. Cost recovery payments shall be 
made electronically via the Federal web portal, www.pay.gov, or other 
internet sites as designated by the Regional Administrator. 
Instructions for electronic payment shall be available on both the 
payment website and the paper bill. Payment options shall include 
payment via a credit card, as specified in the cost recovery bill, or 
via direct automated clearing house (ACH) withdrawal from a designated 
checking account. Payment by check may be authorized by NMFS if it has 
determined that electronic payment is not possible (for example, if the 
geographical area of an individual(s) is affected by catastrophic 
conditions).
    (iii) Payment compliance. An IFQ scallop permit holder that has 
incurred an IFQ cost recovery fee must pay the fee to NMFS within 60 
days from the date of mailing. If the cost recovery payment, as 
determined by NMFS, is not made within 60 days from the date of 
mailing, NMFS may deny the renewal of the IFQ scallop permit until full 
payment is received. If, upon preliminary review of the accuracy and 
completeness of a fee payment, NMFS determines the IFQ scallop permit 
holder has not paid the full amount due, NMFS shall notify the IFQ 
scallop permit holder by letter. NMFS shall explain the discrepancy and 
provide the IFQ scallop permit holder 30 days to either pay the amount 
specified by NMFS or to provide evidence that the amount paid was 
correct. If the IFQ scallop permit holder submits evidence in support 
of his/her payment, NMFS shall determine if there is any remaining 
disagreement as to the appropriate IFQ fee, and prepare a Final 
Administrative Determination (FAD). The FAD shall set out the facts, 
discuss those facts within the context of the relevant agency policies 
and regulations, and decide as to the appropriate disposition of the 
matter. A FAD shall be the final agency action, and, if the FAD 
determines that the IFQ scallop permit holder is out of compliance, the 
FAD shall require payment within 30 days. If a FAD is not issued until 
after the start of the fishing year, the IFQ scallop permit holder may 
be authorized to fish temporarily by the Regional Administrator until 
the FAD is issued, at which point the permit holder shall have 30 days 
to comply with the terms of the FAD or the IFQ scallop permit shall not 
be issued until such terms are met. If NMFS determines that the IFQ 
scallop permit holder owes additional fees for the previous cost 
recovery period, and the IFQ scallop permit has already been renewed, 
NMFS shall issue a FAD, at which point the permit holder shall have 30 
days to comply with the terms of the FAD or NMFS may withdraw the 
issuance of the IFQ scallop permit until such terms are met. If such 
payment is not received within 30 days of issuance of the FAD, NMFS 
shall refer the matter to the appropriate authorities within the U.S. 
Department of the Treasury for purposes of collection, and no IFQ 
permit held by the permit holder may be renewed until the terms of the 
FAD are met. If NMFS determines that the conditions of the FAD have 
been met, the IFQ permit holder may renew the IFQ scallop permit(s). If 
NMFS does not receive full payment prior to the end of the fishing 
year, the IFQ scallop permit shall be considered voluntarily abandoned, 
pursuant to Sec.  648.4(a)(2)(ii)(K), unless otherwise determined by 
the Regional Administrator.

0
5. Amend Sec.  648.59 by:
0
a. Revising paragraph (b)(3)(i)(B);
0
b. Adding paragraphs (b)(3)(ii)(A) and (B);
0
c. Revising paragraphs (c) through (e);
0
d. Adding paragraph (g)(3)(iv); and
0
e. Revising paragraphs (g)(3)(v) and (g)(4)(i).
    The revisions and additions read as follows:


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

    (b) * * *
    (3) * * *
    (i) * * *
    (B) The following access area allocations and possession limits for 
limited access vessels shall be effective for the 2019 and 2020 fishing 
years:
    (1) Full-time vessels--(i) For a full-time limited access vessel, 
the possession limit and allocations are:

----------------------------------------------------------------------------------------------------------------
                                                                                                 2020 Scallop
     Rotational access area              Scallop possession limit            2019 Scallop         allocation
                                                                              allocation           (default)
----------------------------------------------------------------------------------------------------------------
Closed Area 1 Flex *............                                         18,000 lb (8,165     0 lb (0 kg).
                                                                          kg).
---------------------------------                                       ----------------------------------------
Nantucket Lightship-West........  18,000 lb (8,165 kg) per trip........  54,000 lb (24,494    18,000 lb (8,165
                                                                          kg).                 kg).
---------------------------------                                       ----------------------------------------
Mid-Atlantic....................                                         54,000 lb (24,494    18,000 lb (8,165
                                                                          kg).                 kg).
                                 -------------------------------------------------------------------------------

[[Page 11444]]

 
    Total.......................  .....................................  126,000 lb (57,153   36,000 lb (16,329
                                                                          kg).                 kg).
----------------------------------------------------------------------------------------------------------------
* Closed Area 1 flex allocation can be landed in any access area made available in the 2019 fishing year
  pursuant to the area boundaries defined by Framework 30.

    (ii) Closed Area 1 Access Area flex allocations. For the 2019 
fishing year and the first 60 days of the 2020 fishing year, a full-
time limited access vessel may choose to land up to 18,000 lb (8,165 
kg) of its Closed Area 1 Access Area allocation from any access area 
made available in the 2019 fishing year pursuant to the area boundaries 
defined by Framework 30. For example, a vessel could take a trip in the 
Closed Area 1 Access Area and land 10,000 lb (4,536 kg) from that area, 
leaving the vessel with 8,000 lb (3,629 kg) of the Closed Area 1 flex 
allocation available, which could be landed from any other available 
access area as described in this section, provided the 18,000-lb 
(8,165-kg) possession limit is not exceeded on any one trip.
    (2) Part-time vessels-- (i) For a part-time limited access vessel, 
the possession limit and allocations are as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                                 2020 Scallop
     Rotational access area              Scallop possession limit            2019 Scallop         allocation
                                                                              allocation           (default)
----------------------------------------------------------------------------------------------------------------
Closed Area 1 Flex *............                                         17,000 lb (7,711     0 lb (0 kg).
                                                                          kg).
---------------------------------                                       ----------------------------------------
Nantucket Lightship West........  17,000 lb (7,711 kg) per trip........  17,000 lb (7,711     7,200 lb (32,66
                                                                          kg).                 kg).
---------------------------------                                       ----------------------------------------
Mid-Atlantic....................                                         17,000 lb (7,711     7,200 lb (3,266
                                                                          kg).                 kg).
                                 -------------------------------------------------------------------------------
    Total.......................  .....................................  51,000 lb (23,133    14,400 lb (6,532
                                                                          kg).                 kg).
----------------------------------------------------------------------------------------------------------------
* Closed Area 1 flex allocation can be landed in any access area made available in the 2019 fishing year
  pursuant to the area boundaries defined by Framework 30.

    (ii) Closed Area 1 Access Area flex allocations. For the 2019 
fishing year and the first 60 days of the 2020 fishing year, a part-
time limited access vessel may choose to land up to 17,000 lb (7,711 
kg) of its Closed Area 1 Access Area allocation from any access area 
made available in the 2019 fishing year pursuant to the area boundaries 
defined by Framework 30. For example, a vessel could take a trip in the 
Closed Area 1 Access Area and land 10,000 lb (4,536 kg) from that area, 
leaving the vessel with 7,000 lb (3,175 kg) of the Closed Area 1 flex 
allocation available, which could be landed from any other available 
access area as described in this section, provided the 17,000-lb 
(7,711-kg) possession limit is not exceeded on any one trip.
    (3) Occasional limited access vessels. (i) For the 2019 fishing 
year only, an occasional limited access vessel is allocated 10,500 lb 
(4,763 kg) of scallops with a trip possession limit at 10,500 lb of 
scallops per trip (4,763 kg per trip). Occasional limited access 
vessels may harvest the 10,500 lb (4,763 kg) allocation from only one 
available access area (Closed Area 1, Nantucket Lightship-West, or Mid-
Atlantic).
    (ii) For the 2020 fishing year, occasional limited access vessels 
are allocated 3,000 lb (1,361 kg) of scallops in the Mid-Atlantic 
Access Area only with a trip possession limit of 3,000 lb of scallops 
per trip (1,361 kg per trip).
    (ii) Limited access vessels' one-for-one area access allocation 
exchanges. (A) 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 be made only for 
the amount of the current trip possession limit, as specified in 
paragraph (b)(3)(i)(B) of this section. For example, if the access area 
trip possession limit for full-time vessels is 18,000 lb (8,165 kg), a 
full-time vessel may exchange no more or less than 18,000 lb (8,165 
kg), from one access area for no more or less than 18,000 lb (8,165 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.
    (B) Flex allocation exchanges. In fishing year 2019, full-time and 
part-time vessel are respectively allocated 18,000 lb (8,165 kg) and 
17,000 lb (7,711 kg) of scallops that may be landed from any access 
area made available in the 2019 fishing year pursuant to the area 
boundaries defined by Framework 30. This flex allocation may be 
exchanged in full for another access area allocation, but only the flex 
allocation may be landed from any access area. For example, if a Vessel 
A exchanges 18,000 lb (8,165 kg) of flex allocation for 18,000 lb 
(8,165 kg) of Mid-Atlantic Access Area allocation with Vessel B, Vessel 
A would no longer be allowed to land this allocation from the any 
available access area and may only land this allocation from Mid-
Atlantic Access Area, but Vessel B could land the flex allocation in 
any available access area.
* * * * *
    (c) Scallop Access Area scallop allocation carryover. With the 
exception of vessels that held a Confirmation of Permit History as 
described in

[[Page 11445]]

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 2018, that vessel 
may harvest those 7,000 lb (3,175 kg) during the first 60 days that the 
Mid-Atlantic Access Area is open in fishing year 2019 (April 1, 2019, 
through May 30, 2019).
    (d) Possession limit to defray the cost 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. If a vessel does not land its additional allowance on 
the trip while carrying an observer, the additional allowance will be 
added to the vessel's IFQ allocation or the vessel's allocation for the 
Scallop Rotational Area that was fished. The vessel may land the 
remainder of its allowance on a subsequent trip. However, the vessel 
may not exceed the IFQ or Scallop Rotational Area trip possession 
limit, as described in Sec.  648.52(a) or Sec.  648.59(b), 
respectively, unless it is actively carrying an observer.
    (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. The 
access areas open for RSA harvest for fishing years 2019 and 2020 are:
    (1) 2019: Nantucket Lightship-West and Mid-Atlantic.
    (2) 2020: No access areas.
* * * * *
    (g) * * *
    (3) * * *
    (iv) Allocation of Scallop Access Area Trips. Unless otherwise 
specified by the Council through the framework adjustment or 
specifications process defined in Sec.  648.55, the LAGC IFQ access 
area trip allocations, specified in paragraph (v) of this section, 
shall be set at 5.5 percent of the total expected access area harvest 
for each year.
    (v) The following LAGC IFQ access area trip allocations will be 
effective for the 2019 and 2020 fishing years:

------------------------------------------------------------------------
                                                                   2020
                   Scallop access area                     2019     \1\
------------------------------------------------------------------------
Closed Area 1...........................................     571       0
Nantucket Lightship-West................................   1,713     571
Mid-Atlantic............................................   1,713     571
                                                         ---------------
    Total...............................................   3,997   1,142
------------------------------------------------------------------------
\1\ The LAGC IFQ access area trip allocations for the 2020 fishing year
  are subject to change through a future specifications action or
  framework adjustment.

    (4) Possession limits--(i)Scallops. (A) 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.
    (B) 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), unless otherwise 
authorized pursuant to paragraph (d) of this section.
* * * * *

0
7. In Sec.  648.62, revise paragraphs (b)(1) and (c) to read as 
follows:


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

    (b) * * *
    (1) NGOM annual hard TACs. The LAGC and the limited access portions 
of the annual hard TAC for the NGOM 2019 and 2020 fishing years are as 
follows:

----------------------------------------------------------------------------------------------------------------
                                                               2019                       2020 (default)
                      Fleet                      ---------------------------------------------------------------
                                                        lb              kg              lb              kg
----------------------------------------------------------------------------------------------------------------
LAGC............................................         137,500          62,369         120,000          54,431
Limited access..................................          67,500          30,617          50,000          22,680
                                                 ---------------------------------------------------------------
    Total.......................................         205,000          92,986         170,000          77,111
----------------------------------------------------------------------------------------------------------------

* * * * *
    (c) VMS requirements. Except scallop vessels issued a limited 
access scallop permit pursuant to Sec.  648.4(a)(2)(i) that have 
declared a NGOM trip under the scallop RSA 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 or IFQ 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.
* * * * *
[FR Doc. 2019-05748 Filed 3-26-19; 8:45 am]
 BILLING CODE 3510-22-P