Fisheries of the Northeastern United States; Expanding the Scallop Dredge Exemption Areas Under the Northeast Multispecies Fishery Management Plan, 2320-2326 [2019-28455]
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Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Rules and Regulations
Adjustment Act Improvements Act of
2015 (Dec. 16, 2019). Accordingly, this
final rule reflects the NTSB’s 2020
annual inflation adjustment and updates
the maximum civil penalty from $1,692
to $1,722.
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II. The 2020 Annual Adjustment
The 2020 annual adjustment is
calculated by multiplying the applicable
maximum civil penalty amount by the
cost-of-living adjustment multiplier,
which is based on the Consumer Price
Index and rounding to the nearest
dollar. OMB, M–20–05, Implementation
of Penalty Inflation Adjustments for
2020, Pursuant to the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (Dec. 16,
2019). For FY 2020, OMB’s guidance
states that the cost-of-living adjustment
multiplier is 1.01764.
Accordingly, multiplying the current
penalty of $1,692 by 1.01764 equals
$1,721.84688, which rounded to the
nearest dollar equals $1,722. This
updated maximum penalty for the
upcoming fiscal year applies only to
civil penalties assessed after the
effective date of this final rule. The next
civil penalty adjustment for inflation
will be calculated by January 15, 2021.
III. Regulatory Analysis
The Office of Information and
Regulatory Affairs Acting Administrator
has determined agency regulations that
exclusively implement the annual
adjustment are consistent with OMB’s
annual guidance, and have an annual
impact of less than $100 million are
generally not significant regulatory
actions under Executive Order (E.O.)
12866. OMB, M–20–05, Implementation
of Penalty Inflation Adjustments for
2020, Pursuant to the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (Dec. 16,
2019). An assessment of its potential
costs and benefits under E.O. 12866,
Regulatory Planning and Review and
E.O. 13563, Improving Regulation and
Regulatory Review is not required
because this final rule is not a
‘‘significant regulatory action.’’
Likewise, this rule does not require
analyses under the Unfunded Mandates
Reform Act of 1995 and E.O. 13771,
Reducing Regulation and Controlling
Regulatory Costs because this final rule
is nonsignificant.
The NTSB does not anticipate this
rule will have a substantial direct effect
on state government or will preempt
state law. Accordingly, this rule does
not have implications for federalism
under E.O. 13132, Federalism.
The NTSB also evaluated this rule
under E.O. 13175, Consultation and
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Coordination with Indian Tribal
Governments. The agency has
concluded that this final rule will not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
The Paperwork Reduction Act of 1995
is inapplicable because the final rule
imposes no new information reporting
or recordkeeping necessitating clearance
by OMB.
The Regulatory Flexibility Act of 1980
does not apply because, as a final rule,
this action is not subject to prior notice
and comment. See 5 U.S.C. 604(a).
The NTSB has concluded that this
final rule neither violates nor requires
further consideration under the
aforementioned Executive orders and
acts.
List of Subjects in 49 CFR Part 831
Aircraft accidents, Aircraft incidents,
Aviation safety, Hazardous materials
transportation, Highway safety,
Investigations, Marine safety, Pipeline
safety, Railroad safety.
Accordingly, for the reasons stated in
the Preamble, the NTSB amends 49 CFR
part 831 as follows:
PART 831—INVESTIGATION
PROCEDURES
1. The authority citation for part 831
continues to read as follows:
■
Authority: 49 U.S.C. 1113(f).
Section 831.15 also issued under Pub. L.
101–410, 104 Stat. 890, amended by Pub. L.
114–74, sec. 701, 129 Stat. 584 (28 U.S.C.
2461 note).
§ 831.15
[Amended]
2. Amend § 831.15 by removing the
dollar amount ‘‘$1,692’’ and add in its
place ‘‘$1,722’’.
■
Robert L. Sumwalt, III,
Chairman.
[FR Doc. 2020–00532 Filed 1–14–20; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No.: 191230–0124]
RIN 0648–BH68
Fisheries of the Northeastern United
States; Expanding the Scallop Dredge
Exemption Areas Under the Northeast
Multispecies Fishery Management Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS approves and
implements modifications to the
regulations implementing the Northeast
Multispecies Fishery Management Plan
to allow vessels issued a limited access
general category individual fishing
quota sea scallop permit to fish for
scallops with small dredges in an
expanded area. In addition, NMFS also
implements modifications to the open
area days-at-sea trip reporting
procedures for limited access scallop
vessels. This action is intended to
provide consistency, flexibility, and
potential economic benefit to the
scallop fleet.
DATES: Effective February 14, 2020.
ADDRESSES: NMFS developed an
environmental assessment (EA) for this
action that describes the action and
other considered alternatives and
provides a thorough analysis of the
impacts of these measures. Copies of the
Amendment, the EA, and the small
entity compliance guide are available
upon request from Michael Pentony,
Regional Administrator (RA), 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:
Shannah Jaburek, Fishery Management
Specialist, 978–282–8456.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
This final rule approves and
implements the New England Fishery
Management Council’s recommendation
from its meeting on June 20, 2017, that
the RA use his authority to expand the
Great South Channel (GSC) scallop
dredge exemption area to encompass all
of Georges Bank (GB). Additionally
NMFS is expanding the Southern New
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England (SNE) scallop dredge
exemption area in combination with the
GSC scallop dredge exemption area
creating a new expanded exemption
area called Georges Bank/Southern New
England (GB/SNE) scallop dredge
exemption area. NMFS published a
proposed rule for the expansion of the
scallop dredge exemption areas on
November 1, 2018 (83 FR 54903). The
proposed rule included a 30-day public
comment period that closed on
December 3, 2018.
Regulations implementing the
Northeast Multispecies Fishery
Management Plan (FMP) include a
bycatch control measure for the Gulf of
Maine (GOM), GB, and SNE Regulated
Mesh Areas. A vessel may not fish in
these areas unless it is fishing under a
multispecies or a scallop days-at-sea
(DAS) allocation; is fishing with
exempted gear; is fishing under the
Handgear or Party/Charter permit
restrictions; or is fishing in an exempted
fishery (50 CFR 648.80(a)(3)(vi) and 50
CFR 648.80(b)(2)(vi)). The regulations
found at 50 CFR 648.80(a)(8) give the
RA the authority to establish a new
exempted fishery, or modify an existing
exempted fishery, after consultation
with the Council, provided the bycatch
of groundfish species is, or can be
reduced to, less than five percent by
weight of the total catch and the
exempted fishery will not jeopardize the
fishing mortality objectives of the NE
Multispecies FMP.
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area where these exemptions apply.
Because the Mid-Atlantic Exemption
Area is not subject to the same
exemption conditions under the NE
Multispecies FMP as the scallop dredge
exemption areas, no changes are needed
for the Mid-Atlantic Exemption Area.
Based on consultations with the
Council, the current scallop dredge
exemption areas for the LAGC IFQ fleet
are being expanded by eliminating the
The current exemptions in the scallop
dredge exemption areas allow LAGC
IFQ vessels to fish within the designated
scallop dredge exemption area using
dredge gear that is less than 10.5 ft (3.2
m) wide. The exemptions allow these
vessels to retain only scallops and up to
50 lb (23 kg) of monkfish tails or 166 lb
(75 kg) of whole monkfish per trip. One
purpose of this action is to expand the
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The limited access general category
(LAGC) individual fishing quota (IFQ)
fleet currently operates in four different
exemption areas: GOM Scallop Dredge
Exemption Area; GSC Scallop Dredge
Exemption Area; SNE Scallop Dredge
Exemption Area; and the Mid-Atlantic
Exemption Area (Figure 1). Some
members of the scallop industry
requested that NMFS expand the GSC
and GOM Scallop Dredge Exemption
Areas to encompass all of GB and the
GOM. The Council is currently working
on Amendment 21 to the Scallop FMP
to develop comprehensive management
measures for the GOM, and therefore, it
did not recommend that we expand the
GOM Scallop Dredge Exemption Area.
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current GSC and SNE Scallop Dredge
Exemption Areas designations and
creating a new expanded exemption
area called Georges Bank/Southern New
England (GB/SNE) Scallop Dredge
Exemption Area. The GB/SNE Scallop
Dredge Exemption Area will encompass
all fishing grounds south of 42°20′ N lat.
and east of the Mid-Atlantic Exemption
Area (Figure 2).
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BILLING CODE 3510–22–C
This new expanded exemption area
will provide continuity for IFQ scallop
fishing and achieve the following
benefits:
• Include new areas that were
originally part of the Nantucket
Lightship Essential Fish Habitat Closure
opened under the Omnibus Habitat
Amendment 2 (83 FR 15240, April 9,
2018) and are not currently accessible to
the LAGC fleet; and
• Include an area off the coasts of
Rhode Island, Connecticut, and New
York that is not covered by current
exemption areas, but where activity in
the IFQ fishery has occurred.
The primary area that will open to
LAGC fishing as a result of this action
is the GB Broad Stock Area, which is
made up of statistical reporting areas
522, 525, 542, 561, 562, and 543 (a map
of the statistical reporting areas is
available from the Regional
Administrator upon request). Because
LAGC dredge fishing is not currently
permitted in these areas, we analyzed
potential effect on groundfish catch by
LAGC dredge fishing in the expansion
area by looking at limited access and
LAGC observed hauls (nh) in the
Southern New England/Mid-Atlantic
(SNE/MA) Broad Stock Area and
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Statistical Area 521 from 2012 to 2016
(nh = 3,426). We determined that the
information collected from these areas
would be a valid way to estimate
potential catch of groundfish in the
newly expanded areas. In looking at this
information, we excluded hauls that
caught less than 40 lb (18.1 kg) of
scallop meats because they are not
representative samples. Using the
observer program information, we
developed a ratio of groundfish
discarded (D) to total catch (K) for both
the limited access and LAGC fleets
according to the following equation:
Percent Multispecies = [D/K] × 100
For this analysis, we summed the
weights of groundfish caught on
observed trips (nt) in the SNE/MA Broad
Stock Area and Statistical Area 521, and
divided it into the total weight (nt =
374). Trips were aggregated across area,
fishing year, and fleet. The ratios for
both fleets were compared for
differences using statistical analysis. We
found that the limited access fleet had
a bycatch rate of 0.52 percent of
regulated species in the SNE/MA Broad
Stock Area and the LAGC fleet had a
bycatch rate of 0.53 percent of regulated
species. There were no significant
differences between bycatch rates of
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regulated species between the two
fleets.
Limited access D/K ratios were then
calculated from observed trips within
the GB Broad Stock Area. We used
additional statistical analysis to
determine the range of the likely rate of
groundfish bycatch by the LAGC fleet in
the GB Broad Stock Area. We found that
the limited access fleet had a bycatch
rate of 1.07 percent of regulated species.
Based on the combination of these two
analyses, the expected range of
regulated species bycatch for the LAGC
fleet in the GB Broad Stock Area would
be between 0.99 percent and 1.25
percent. Further, an examination of
rates within fishing years and
individual areas revealed that there
were no years or areas where the D/K
rate exceeded five percent.
Based on data analysis performed by
NMFS, the LAGC IFQ fishery is
expected to meet the five-percent-or-less
bycatch criteria for granting an
exemption throughout the entirety of
the GB and SNE Regulated Mesh Areas.
Further, because multispecies catch is
controlled for the IFQ fleet by the subannual catch limits and there are
accountability measures for yellowtail
and windowpane flounder caught in the
fishery, allowing the IFQ fleet to fish in
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the expanded area will not likely
jeopardize fishing mortality limits for
Northeast multispecies stocks.
In addition, this expanded exemption
will help offset the effects on the closure
to fishing implemented by the Omnibus
Habitat Amendment 2. The GSC Habitat
Management Area was created under
the Omnibus Habitat Amendment 2
within the existing GSC Scallop Dredge
Exemption Area. The GSC Habitat
Management Area prohibits the use of
all mobile fishing gear, including
scallop dredge gear, year-round.
Creating the new GB/SNE Scallop
Dredge Exemption Area will provide
additional fishing area, fishing
opportunity, and greater flexibility and
simplicity by being uniform to the
scallop fishery as a whole for the IFQ
fleet. From a conservation standpoint,
by allowing the IFQ fleet to expand
fishing operations to scallop areas with
higher densities, there would be less
area swept and time the gear is in the
water providing benefits to both habitat
and protected species.
This action also implements a
modification to open area DAS trip
reporting procedures by requiring that
each limited access vessel submit a prelanding notification form through its
vessel monitoring system (VMS) unit
prior to returning to port at the end of
each DAS trip, including trips where no
scallops were landed. At its June 13,
2018, meeting the Council requested
that NMFS use its authority to require
a VMS pre-landing notification on all
limited access scallop trips to create
reporting parity in the fishery with other
limited access trips and LAGC trips
where this notification is required.
NOAA’s Office of Law Enforcement may
use this information to assist in
monitoring vessel activity and to
improve compliance with the
regulations.
Comments and Responses
We received six comments on the
proposed rule. One comment was from
the Associated Fisheries of Maine,
which is the organization that initially
requested the exemption. The
Associated Fisheries of Maine
represents New England fishermen
including IFQ scallop vessel owners.
Another comment was submitted by the
Cape Cod Fisherman’s Alliance, which
is an organization that includes several
Cape Cod IFQ scallop vessel owners. We
also received four comments from
members of the general public.
Comment 1: Both the Associated
Fisheries of Maine and the Cape Cod
Fisherman’s Alliance along with three
members of the public, commented in
favor of the rule. Those who commented
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in favor of the rule cited greater
economic benefit to the fleet, more
flexibility, better efficiency, and that an
expanded area will help offset the
negative effects of any closures
implemented through Omnibus Habitat
Amendment 2.
Response: We agree.
Comment 2: One member of the
public commented in opposition of the
rule stating that scallops are considered
an endangered species and expanding
the fishing area opens the fishery up to
additional participants.
Response: Atlantic sea scallops are
not currently listed as an endangered
species nor have they ever been. The
scallop fishery is not overfished and
overfishing is not occurring. The scallop
fishery is a thriving, healthy fishery that
has benefitted significantly from
rotational management and is one of the
most profitable fisheries in the
Northeast. In addition, the scallop
fishery has been fully limited access
with a maximum number of permits
issued each year since 2010. This final
rule does not change the limited access
component of the fishery as a harvest
control mechanism and therefore no
new LAGC IFQ permits will be issued
as a result of this action. The main
purpose of this rule is to give the LAGC
IFQ permit holders access to additional
fishing grounds, not give them
additional quota beyond what is
allocated through the annual
specifications process.
Changes From the Proposed Rule
The new pre-landing notification form
requirement for the limited access fleet
was originally part the NMFS Greater
Atlantic Region Scallop Report Family
of Forms (OMB Control No. 0648–0491)
but has since been moved to fall under
the more general Greater Atlantic
Region Report Family of Forms (OMB
Control No. 0648–0202) as of the current
renew.
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 MagnusonStevens Act and other applicable laws.
OMB has determined that this rule is
not significant pursuant to E.O. 12866.
This final rule is considered an
Executive Order 13771 deregulatory
action.
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.
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This action contains collection-ofinformation requirements subject the
Paperwork Reduction Act (PRA). The
requirements for this final approval are
under the NMFS Greater Atlantic
Region Family of Forms (OMB Control
No. 0648–0202). The final rule
implements a requirement that all 347
limited access scallop vessels will be
required to submit a pre-landing
notification form for each DAS trip
through their VMS units. This
information collection is intended to
improve DAS trip monitoring, as well as
create reporting consistency for all
scallop trips.
The pre-landing notification will
include the following information:
Operator’s permit number; amount of
scallop meats to be landed; the
estimated time of arrival; the landing
port and state where the scallops will be
offloaded; and the vessel trip report
(VTR) serial number recorded from that
trip’s VTR.
The burden estimates for these new
requirements apply to all limited access
scallop vessels. In a given fishing year,
NMFS estimates that for DAS reporting,
each of the 313 full-time limited access
scallop vessels will submit a prelanding report 3 times (939 responses)
and each of the 34 part-time limited
access vessels will submit a pre-landing
report up to 2 times (68 responses), for
a total of 1,007 responses. Public
reporting burden for submitting this prelanding notification for is estimated to
average five minutes per response with
an associated cost of $1.25, including
the time for reviewing instructions,
searching existing data sources,
gathering and maintaining the data
needed, and completing and reviewing
the collection of information. Therefore,
1,007 responses will impose total
compliance costs of $1,259.
Pursuant to section 604 of the
Regulatory Flexibility Act (RFA), The
Chief Counsel for Regulation of the
Department of Commerce certified to
the Chief Counsel for Advocacy of the
Small Business Administration that this
rule will not have a significant
economic impact on a substantial
number of small entities. The factual
basis for the certification was published
in the proposed rule and is not repeated
here. No comments were received
regarding this certification. As a result,
a regulatory flexibility analysis was not
required and none was prepared.
List of Subjects 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
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Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Rules and Regulations
Dated: December 30, 2019.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
catch from a Sea Scallop Access Area
trip at more than one location per trip.
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■ 3. In § 648.14, revise paragraph
(k)(5)(i) to read as follows:
For the reasons set out in the
preamble, 50 CFR part 648 is amended
as follows:
§ 648.14
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
Subpart A—General Provisions
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.10, revise paragraph
(f)(4)(iii) to read as follows:
■
§ 648.10 VMS and DAS requirements for
vessel owners/operators.
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(f) * * *
(4) * * *
(iii) Scallop Pre-Landing Notification
Form for limited access vessels fishing
on scallop trips. A limited access vessel
on a declared sea scallop trip must
report through VMS, using the Scallop
Pre-Landing Notification Form, the
amount of any scallops kept on each
trip, including declared trips where no
scallops were landed. The report must
be submitted no less than 6 hours before
arrival, or, if fishing ends less than 6
hours before arrival, immediately after
fishing ends. If scallops will be landed,
the report must include the vessel
operator’s permit number, the amount of
scallop meats in pounds to be landed,
the number of bushels of in-shell
scallops to be landed, the estimated
time of arrival, the landing port and
state where the scallops will be
offloaded, and the VTR serial number
recorded from that trip’s VTR (the same
VTR serial number as reported to the
dealer). If no scallops will be landed, a
limited access vessel on a declared sea
scallop trip must provide only the
vessel’s captain/operator’s permit
number, the VTR serial number
recorded from that trip’s VTR (the same
VTR serial number as reported to the
dealer), and confirmation that no
scallops will be landed. A limited
access scallop vessel may provide a
corrected report. If the report is being
submitted as a correction of a prior
report, the information entered into the
notification form will replace the data
previously submitted in the prior report.
Submitting a correction does not
prevent NMFS from pursuing an
enforcement action for any false
reporting. A vessel may not offload its
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Prohibitions.
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(k) * * *
(5) * * *
(i) Violate any of the provisions of
§ 648.80, including paragraphs (a)(5),
the Small-mesh Northern Shrimp
Fishery Exemption Area; (a)(6), the
Cultivator Shoal Whiting Fishery
Exemption Area; (a)(9), Small-mesh
Area 1/Small-mesh Area 2; (a)(10), the
Nantucket Shoals Dogfish Fishery
Exemption Area; (h)(3)(i), the GOM
Scallop Dredge Exemption Area; (a)(12),
the Nantucket Shoals Mussel and Sea
Urchin Dredge Exemption Area; (a)(13),
the GOM/GB Monkfish Gillnet
Exemption Area; (a)(14), the GOM/GB
Dogfish Gillnet Exemption Area; (a)(15),
the Raised Footrope Trawl Exempted
Whiting Fishery; (a)(16), the GOM Grate
Raised Footrope Trawl Exempted
Whiting Fishery; (h)(3)(ii), the Georges
Bank/Southern New England Scallop
Dredge Exemption Area; (a)(19), the
Eastern and Western Cape Cod Spiny
Dogfish Exemption Areas; (b)(3),
exemptions (small mesh); (b)(5), the
SNE Monkfish and Skate Trawl
Exemption Area; (b)(6), the SNE
Monkfish and Skate Gillnet Exemption
Area; (b)(8), the SNE Mussel and Sea
Urchin Dredge Exemption Area; (b)(9),
the SNE Little Tunny Gillnet Exemption
Area; (h)(3)(ii); or (b)(12), the SNE Skate
Bait Trawl Exemption Area. Each
violation of any provision in § 648.80
constitutes a separate violation.
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Subpart D—Management Measures for
the Atlantic Sea Scallop Fishery
4. In § 648.51, revise paragraph (b)(1)
to read as follows:
■
§ 648.51
Gear and crew restrictions.
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(b) * * *
(1) Maximum dredge width. The
combined dredge width in use by or in
possession on board such vessels shall
not exceed 31 ft (9.4 m), measured at the
widest point in the bail of the dredge,
except as provided under paragraph (e)
of this section, in § 648.59(g)(2), and the
scallop dredge exemption areas
specified in § 648.80(h). However,
component parts may be on board the
vessel such that they do not conform
with the definition of ‘‘dredge or dredge
gear’’ in § 648.2, i.e., the metal ring bag
and the mouth frame, or bail, of the
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dredge are not attached, and such that
no more than one complete spare dredge
could be made from these component’s
parts.
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■ 5. In § 648.62, revise paragraph (a)
introductory text to read as follows:
§ 648.62 Northern Gulf of Maine (NGOM)
Management Program.
(a) The NGOM scallop management
area is the area north of 42°20′ N lat. and
within the boundaries of the Gulf of
Maine Scallop Dredge Exemption Area
as specified in § 648.80(h)(3)(i). To fish
for or possess scallops in the NGOM
scallop management area, a vessel must
have been issued a scallop permit as
specified in § 648.4(a)(2).
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Subpart F—Management Measures for
the NE Multispecies and Monkfish
Fisheries
6. In § 648.80,
a. Revise paragraphs (a)(3)(vi);
b. Remove and reserve paragraphs
(a)(11) and (18);
■ c. Revise paragraph (b)(2)(vi);
■ d. Remove and reserve paragraph
(b)(11); and
■ e. Revise paragraphs (h).
The revisions read as follows:
■
■
■
§ 648.80 NE Multispecies regulated mesh
areas and restrictions on gear and methods
of fishing.
(a) * * *
(3) * * *
(vi) Other restrictions and
exemptions. A vessel is prohibited from
fishing in the GOM or GB Exemption
Area as defined in paragraph (a)(17) of
this section, except if fishing with
exempted gear (as defined under this
part) or under the exemptions specified
in paragraphs (a)(5) through (a)(7), (a)(9)
through (a)(16) and (a)(18) through
(a)(19), (d), (e), (h), and (i) of this
section; or if fishing under a NE
multispecies DAS; or if fishing on a
sector trip; or if fishing under the Small
Vessel or Handgear A permit specified
in § 648.82(b)(5) and (6), respectively; or
if fishing under a Handgear B permit
specified in § 648.88(a); or if fishing
under the scallop state waters
exemptions specified in § 648.54 and
paragraph (h)(3)(i) of this section; or if
fishing under a scallop DAS or general
category trip in accordance with
paragraph (h) of this section; or if
fishing pursuant to a NE multispecies
open access Charter/Party or Handgear
permit specified in § 648.88; or if fishing
as a charter/party or private recreational
vessel in compliance with § 648.89. Any
gear used by a vessel in this area must
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be authorized under one of these
exemptions. Any gear on a vessel that is
not authorized under one of these
exemptions must be stowed and not
available for immediate use as defined
in § 648.2.
*
*
*
*
*
(b) * * *
(2) * * *
(vi) Other restrictions and
exemptions. A vessel is prohibited from
fishing in the SNE Exemption Area, as
defined in paragraph (b)(10) of this
section, except if fishing with exempted
gear (as defined under this part) or
under the exemptions specified in
paragraphs (b)(3), (b)(5) through (9),
(b)(12), (c), (e), (h), and (i) of this
section; or if fishing under a NE
multispecies DAS; or if fishing on a
sector trip; or if fishing under the Small
Vessel or Handgear A permit specified
in § 648.82(b)(5) and (6), respectively; or
if fishing under a Handgear B permit
specified in § 648.88(a); or if fishing
under a scallop state waters exemption
specified in § 648.54; or if fishing under
a scallop DAS or General Category
scallop permit in accordance with
paragraph (h) of this section; or if
fishing pursuant to a NE multispecies
open access Charter/Party or Handgear
permit specified in § 648.88; or if fishing
as a charter/party or private recreational
vessel in compliance with the
regulations specified in § 648.89. Any
gear on a vessel, or used by a vessel, in
this area must be authorized under one
of these exemptions or must be stowed
and not available for immediate use as
defined in § 648.2.
*
*
*
*
*
(h) Scallop vessels—(1) Scallop DAS.
Except as provided in paragraphs (h)(2)
and (3) of this section, a scallop vessel
that possesses a limited access scallop
permit and either a NE multispecies
Combination vessel permit or a scallop/
multispecies possession limit permit,
and that is fishing under a scallop DAS
allocated under § 648.53, may possess
and land up to 300 lb (136.1 kg) of
regulated species per trip, provided that
the amount of regulated species on
board the vessel does not exceed the trip
limits specified in § 648.86, and
provided the vessel has at least one
standard tote on board, unless otherwise
restricted by § 648.86(a)(2).
(2) NE Multispecies DAS. Limited
access scallop vessels issued a limited
access NE multispecies permit and
fishing under a NE multispecies DAS
are subject to the gear restrictions
specified in this section and may
possess and land unlimited amounts of
regulated species or ocean pout, unless
otherwise restricted by § 648.86. Such
vessels may simultaneously fish under a
scallop DAS, but are prohibited from
using scallop dredge gear on such trips.
(3) Scallop dredge exemption areas
for general category scallop permits—(i)
GOM Scallop Dredge Exemption Area.
Unless otherwise prohibited in § 648.81,
§ 648.370, or § 648.371, vessels with a
limited access scallop permit that have
declared out of the DAS program as
specified in § 648.10, or that have used
up their DAS allocations, and vessels
issued a General Category scallop
permit, may fish in the GOM Regulated
Mesh Area specified in paragraph (a)(1)
of this section, when not under a NE
multispecies DAS, providing the vessel
fishes in the GOM Scallop Dredge
Exemption Area and complies with the
requirements specified in paragraph
(h)(3)(iii) of this section. The GOM
Scallop Dredge Fishery Exemption Area
is bounded on the west and north by the
coastlines of Massachusetts, New
Hampshire, and Maine, bounded on the
east by the U.S.-Canada Maritime
Boundary, and bounded on the south by
2325
straight lines connecting the following
points in the order stated:
GOM SCALLOP DREDGE EXEMPTION
AREA
Point
GOM1
GOM2
GOM3
GOM4
GOM5
GOM6
GOM7
.......................
.......................
.......................
.......................
.......................
.......................
.......................
N lat.
43°58′
43°58′
43°41′
43°12′
42°49.5′
42°20′
42°20′
W long.
(1)
67°22′
68°00′
69°00′
69°40′
69°40′
(2)
1 The intersection of 43°58′ N lat. and the
U.S.-Canada Maritime boundary.
2 The intersection of 42°20′ N lat. and the
coastline of Massachusetts.
(ii) Georges Bank/Southern New
England Scallop Dredge Exemption
Area. Unless otherwise prohibited in
§ 648.81, § 648.370, or § 648.371, vessels
issued a LAGC scallop permit, including
limited access scallop permits that have
used up their DAS allocations, may fish
in the Georges Bank/Southern New
England Scallop Dredge Exemption
Area, as defined under paragraph
(h)(3)(ii)(A) of this section, when not
under a NE multispecies or scallop DAS
or on a sector trip, provided the vessel
complies with the requirements
specified in paragraph (h)(3)(iii) of this
section and applicable scallop
regulations in subpart D of this part.
(A) Area definition. The Georges
Bank/Southern New England dredge
exemption area is bounded on the north
by 42°20′ N lat.; bounded on the east by
the U.S.-Canada Maritime boundary and
the outer limit of the US EEZ; bounded
on the west by 72°30′ W long. from the
outer limit of the US EEZ to the southfacing coastline of Long Island; and
bounded on the northwest by the
following points, connected as noted in
the order listed:
jbell on DSKJLSW7X2PROD with RULES
GB/SNE SCALLOP DREDGE EXEMPTION AREA
Point
N lat.
W long.
1 ..........
72°30′ W ....................................
From Point 1 to Point 2 following the coastline of Long Island.
2 ..........
The south-facing coastline of
Long Island.
41°00′ N .....................................
From Point 2 to Point 3 following a straight line.
3 ..........
41°00′ N .....................................
4 ..........
41°4.25′ N ..................................
5 ..........
41°15′ N .....................................
The southeast-facing coast of
Long Island.
The 3 nautical mile line, approximately 71°51.841′ W
long.
The 3 nautical mile line, approximately 71°47.384′ W
long.
72°2.25′ W .................................
6 ..........
41°18.2′ N ..................................
71°51.5′ W .................................
7 ..........
42°20′ N .....................................
The coastline of Massachusetts
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16:02 Jan 14, 2020
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Note
From Point 3 to Point 4 following the Submerged Lands Act (3
nautical mile) line.
From Point 4 to Point 5 following a straight line.
Point 5 represents Race Point, Fishers Island, NY. From Point 5
to Point 6 following a straight line northeasterly through Fishers Island, NY.
Point 6 represents Watch Hill, RI. From Point 6 to Point 7 following the coastlines of Rhode Island and Massachusetts.
Sfmt 4700
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(B) [Reserved]
(iii) Requirements. (A) A vessel
fishing in the Scallop Dredge Fishery
Exemption Areas specified in
paragraphs (h)(3)(i) and (ii) of this
section may not fish for, possess on
board, or land any species of fish other
than Atlantic sea scallops and up to 50
lb (23 kg) tail weight or 166 lb (75 kg)
whole weight of monkfish per trip.
(B) The combined dredge width in use
by, or in possession on board, vessels
fishing in the Scallop Dredge Fishery
Exemption Areas may not exceed 10.5 ft
(3.2 m), measured at the widest point in
the bail of the dredge.
(C) The exemption does not apply to
the Cashes Ledge Closure Area or the
Western GOM Area Closure specified in
§ 648.81(a)(3) and (4), respectively.
*
*
*
*
*
[FR Doc. 2019–28455 Filed 1–14–20; 8:45 a.m.]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 180713633–9174–02]
[RTID 0648–XY065]
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by Pot
Catcher/Processors in the Bering Sea
and Aleutian Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for Pacific cod by catcher/
processors using pot gear in the Bering
jbell on DSKJLSW7X2PROD with RULES
SUMMARY:
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16:02 Jan 14, 2020
Jkt 250001
Sea and Aleutian Islands management
area (BSAI). This action is necessary to
prevent exceeding the A season
apportionment of the 2020 Pacific cod
total allowable catch allocated to
catcher/processors using pot gear in the
BSAI.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), January 12, 2020,
through 1200 hours, A.l.t., September 1,
2020.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The A season apportionment of the
2020 Pacific cod total allowable catch
(TAC) allocated to catcher/processors
using pot gear in the BSAI is 1,058
metric tons (mt) as established by the
final 2019 and 2020 harvest
specifications for groundfish in the
BSAI (84 FR 9000, March 13, 2019) and
inseason adjustment (85 FR 19, January
2, 2020).
In accordance with § 679.20(d)(1)(iii),
the Administrator, Alaska Region,
NMFS (Regional Administrator), has
determined that the A season
apportionment of the 2020 Pacific cod
TAC allocated as a directed fishing
allowance to catcher/processors using
pot gear in the BSAI will soon be
reached. Consequently, NMFS is
prohibiting directed fishing for Pacific
PO 00000
Frm 00048
Fmt 4700
Sfmt 9990
cod by pot catcher/processors in the
BSAI.
While this closure is effective the
maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the closure of directed fishing for
Pacific cod by pot catcher/processors in
the BSAI. NMFS was unable to publish
a notice providing time for public
comment because the most recent,
relevant data only became available as
of January 10, 2020.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 10, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–00537 Filed 1–10–20; 4:15 pm]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 85, Number 10 (Wednesday, January 15, 2020)]
[Rules and Regulations]
[Pages 2320-2326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28455]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No.: 191230-0124]
RIN 0648-BH68
Fisheries of the Northeastern United States; Expanding the
Scallop Dredge Exemption Areas Under the Northeast Multispecies Fishery
Management Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS approves and implements modifications to the regulations
implementing the Northeast Multispecies Fishery Management Plan to
allow vessels issued a limited access general category individual
fishing quota sea scallop permit to fish for scallops with small
dredges in an expanded area. In addition, NMFS also implements
modifications to the open area days-at-sea trip reporting procedures
for limited access scallop vessels. This action is intended to provide
consistency, flexibility, and potential economic benefit to the scallop
fleet.
DATES: Effective February 14, 2020.
ADDRESSES: NMFS developed an environmental assessment (EA) for this
action that describes the action and other considered alternatives and
provides a thorough analysis of the impacts of these measures. Copies
of the Amendment, the EA, and the small entity compliance guide are
available upon request from Michael Pentony, Regional Administrator
(RA), 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: Shannah Jaburek, Fishery Management
Specialist, 978-282-8456.
SUPPLEMENTARY INFORMATION:
Background
This final rule approves and implements the New England Fishery
Management Council's recommendation from its meeting on June 20, 2017,
that the RA use his authority to expand the Great South Channel (GSC)
scallop dredge exemption area to encompass all of Georges Bank (GB).
Additionally NMFS is expanding the Southern New
[[Page 2321]]
England (SNE) scallop dredge exemption area in combination with the GSC
scallop dredge exemption area creating a new expanded exemption area
called Georges Bank/Southern New England (GB/SNE) scallop dredge
exemption area. NMFS published a proposed rule for the expansion of the
scallop dredge exemption areas on November 1, 2018 (83 FR 54903). The
proposed rule included a 30-day public comment period that closed on
December 3, 2018.
Regulations implementing the Northeast Multispecies Fishery
Management Plan (FMP) include a bycatch control measure for the Gulf of
Maine (GOM), GB, and SNE Regulated Mesh Areas. A vessel may not fish in
these areas unless it is fishing under a multispecies or a scallop
days-at-sea (DAS) allocation; is fishing with exempted gear; is fishing
under the Handgear or Party/Charter permit restrictions; or is fishing
in an exempted fishery (50 CFR 648.80(a)(3)(vi) and 50 CFR
648.80(b)(2)(vi)). The regulations found at 50 CFR 648.80(a)(8) give
the RA the authority to establish a new exempted fishery, or modify an
existing exempted fishery, after consultation with the Council,
provided the bycatch of groundfish species is, or can be reduced to,
less than five percent by weight of the total catch and the exempted
fishery will not jeopardize the fishing mortality objectives of the NE
Multispecies FMP.
The limited access general category (LAGC) individual fishing quota
(IFQ) fleet currently operates in four different exemption areas: GOM
Scallop Dredge Exemption Area; GSC Scallop Dredge Exemption Area; SNE
Scallop Dredge Exemption Area; and the Mid-Atlantic Exemption Area
(Figure 1). Some members of the scallop industry requested that NMFS
expand the GSC and GOM Scallop Dredge Exemption Areas to encompass all
of GB and the GOM. The Council is currently working on Amendment 21 to
the Scallop FMP to develop comprehensive management measures for the
GOM, and therefore, it did not recommend that we expand the GOM Scallop
Dredge Exemption Area.
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The current exemptions in the scallop dredge exemption areas allow
LAGC IFQ vessels to fish within the designated scallop dredge exemption
area using dredge gear that is less than 10.5 ft (3.2 m) wide. The
exemptions allow these vessels to retain only scallops and up to 50 lb
(23 kg) of monkfish tails or 166 lb (75 kg) of whole monkfish per trip.
One purpose of this action is to expand the area where these exemptions
apply. Because the Mid-Atlantic Exemption Area is not subject to the
same exemption conditions under the NE Multispecies FMP as the scallop
dredge exemption areas, no changes are needed for the Mid-Atlantic
Exemption Area.
Based on consultations with the Council, the current scallop dredge
exemption areas for the LAGC IFQ fleet are being expanded by
eliminating the current GSC and SNE Scallop Dredge Exemption Areas
designations and creating a new expanded exemption area called Georges
Bank/Southern New England (GB/SNE) Scallop Dredge Exemption Area. The
GB/SNE Scallop Dredge Exemption Area will encompass all fishing grounds
south of 42[deg]20' N lat. and east of the Mid-Atlantic Exemption Area
(Figure 2).
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[[Page 2322]]
[GRAPHIC] [TIFF OMITTED] TR15JA20.001
BILLING CODE 3510-22-C
This new expanded exemption area will provide continuity for IFQ
scallop fishing and achieve the following benefits:
Include new areas that were originally part of the
Nantucket Lightship Essential Fish Habitat Closure opened under the
Omnibus Habitat Amendment 2 (83 FR 15240, April 9, 2018) and are not
currently accessible to the LAGC fleet; and
Include an area off the coasts of Rhode Island,
Connecticut, and New York that is not covered by current exemption
areas, but where activity in the IFQ fishery has occurred.
The primary area that will open to LAGC fishing as a result of this
action is the GB Broad Stock Area, which is made up of statistical
reporting areas 522, 525, 542, 561, 562, and 543 (a map of the
statistical reporting areas is available from the Regional
Administrator upon request). Because LAGC dredge fishing is not
currently permitted in these areas, we analyzed potential effect on
groundfish catch by LAGC dredge fishing in the expansion area by
looking at limited access and LAGC observed hauls (nh) in
the Southern New England/Mid-Atlantic (SNE/MA) Broad Stock Area and
Statistical Area 521 from 2012 to 2016 (nh = 3,426). We
determined that the information collected from these areas would be a
valid way to estimate potential catch of groundfish in the newly
expanded areas. In looking at this information, we excluded hauls that
caught less than 40 lb (18.1 kg) of scallop meats because they are not
representative samples. Using the observer program information, we
developed a ratio of groundfish discarded (D) to total catch (K) for
both the limited access and LAGC fleets according to the following
equation:
Percent Multispecies = [D/K] x 100
For this analysis, we summed the weights of groundfish caught on
observed trips (nt) in the SNE/MA Broad Stock Area and
Statistical Area 521, and divided it into the total weight
(nt = 374). Trips were aggregated across area, fishing year,
and fleet. The ratios for both fleets were compared for differences
using statistical analysis. We found that the limited access fleet had
a bycatch rate of 0.52 percent of regulated species in the SNE/MA Broad
Stock Area and the LAGC fleet had a bycatch rate of 0.53 percent of
regulated species. There were no significant differences between
bycatch rates of regulated species between the two fleets.
Limited access D/K ratios were then calculated from observed trips
within the GB Broad Stock Area. We used additional statistical analysis
to determine the range of the likely rate of groundfish bycatch by the
LAGC fleet in the GB Broad Stock Area. We found that the limited access
fleet had a bycatch rate of 1.07 percent of regulated species. Based on
the combination of these two analyses, the expected range of regulated
species bycatch for the LAGC fleet in the GB Broad Stock Area would be
between 0.99 percent and 1.25 percent. Further, an examination of rates
within fishing years and individual areas revealed that there were no
years or areas where the D/K rate exceeded five percent.
Based on data analysis performed by NMFS, the LAGC IFQ fishery is
expected to meet the five-percent-or-less bycatch criteria for granting
an exemption throughout the entirety of the GB and SNE Regulated Mesh
Areas. Further, because multispecies catch is controlled for the IFQ
fleet by the sub-annual catch limits and there are accountability
measures for yellowtail and windowpane flounder caught in the fishery,
allowing the IFQ fleet to fish in
[[Page 2323]]
the expanded area will not likely jeopardize fishing mortality limits
for Northeast multispecies stocks.
In addition, this expanded exemption will help offset the effects
on the closure to fishing implemented by the Omnibus Habitat Amendment
2. The GSC Habitat Management Area was created under the Omnibus
Habitat Amendment 2 within the existing GSC Scallop Dredge Exemption
Area. The GSC Habitat Management Area prohibits the use of all mobile
fishing gear, including scallop dredge gear, year-round. Creating the
new GB/SNE Scallop Dredge Exemption Area will provide additional
fishing area, fishing opportunity, and greater flexibility and
simplicity by being uniform to the scallop fishery as a whole for the
IFQ fleet. From a conservation standpoint, by allowing the IFQ fleet to
expand fishing operations to scallop areas with higher densities, there
would be less area swept and time the gear is in the water providing
benefits to both habitat and protected species.
This action also implements a modification to open area DAS trip
reporting procedures by requiring that each limited access vessel
submit a pre-landing notification form through its vessel monitoring
system (VMS) unit prior to returning to port at the end of each DAS
trip, including trips where no scallops were landed. At its June 13,
2018, meeting the Council requested that NMFS use its authority to
require a VMS pre-landing notification on all limited access scallop
trips to create reporting parity in the fishery with other limited
access trips and LAGC trips where this notification is required. NOAA's
Office of Law Enforcement may use this information to assist in
monitoring vessel activity and to improve compliance with the
regulations.
Comments and Responses
We received six comments on the proposed rule. One comment was from
the Associated Fisheries of Maine, which is the organization that
initially requested the exemption. The Associated Fisheries of Maine
represents New England fishermen including IFQ scallop vessel owners.
Another comment was submitted by the Cape Cod Fisherman's Alliance,
which is an organization that includes several Cape Cod IFQ scallop
vessel owners. We also received four comments from members of the
general public.
Comment 1: Both the Associated Fisheries of Maine and the Cape Cod
Fisherman's Alliance along with three members of the public, commented
in favor of the rule. Those who commented in favor of the rule cited
greater economic benefit to the fleet, more flexibility, better
efficiency, and that an expanded area will help offset the negative
effects of any closures implemented through Omnibus Habitat Amendment
2.
Response: We agree.
Comment 2: One member of the public commented in opposition of the
rule stating that scallops are considered an endangered species and
expanding the fishing area opens the fishery up to additional
participants.
Response: Atlantic sea scallops are not currently listed as an
endangered species nor have they ever been. The scallop fishery is not
overfished and overfishing is not occurring. The scallop fishery is a
thriving, healthy fishery that has benefitted significantly from
rotational management and is one of the most profitable fisheries in
the Northeast. In addition, the scallop fishery has been fully limited
access with a maximum number of permits issued each year since 2010.
This final rule does not change the limited access component of the
fishery as a harvest control mechanism and therefore no new LAGC IFQ
permits will be issued as a result of this action. The main purpose of
this rule is to give the LAGC IFQ permit holders access to additional
fishing grounds, not give them additional quota beyond what is
allocated through the annual specifications process.
Changes From the Proposed Rule
The new pre-landing notification form requirement for the limited
access fleet was originally part the NMFS Greater Atlantic Region
Scallop Report Family of Forms (OMB Control No. 0648-0491) but has
since been moved to fall under the more general Greater Atlantic Region
Report Family of Forms (OMB Control No. 0648-0202) as of the current
renew.
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 laws.
OMB has determined that this rule is not significant pursuant to
E.O. 12866.
This final rule is considered an Executive Order 13771 deregulatory
action.
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 contains collection-of-information requirements subject
the Paperwork Reduction Act (PRA). The requirements for this final
approval are under the NMFS Greater Atlantic Region Family of Forms
(OMB Control No. 0648-0202). The final rule implements a requirement
that all 347 limited access scallop vessels will be required to submit
a pre-landing notification form for each DAS trip through their VMS
units. This information collection is intended to improve DAS trip
monitoring, as well as create reporting consistency for all scallop
trips.
The pre-landing notification will include the following
information: Operator's permit number; amount of scallop meats to be
landed; the estimated time of arrival; the landing port and state where
the scallops will be offloaded; and the vessel trip report (VTR) serial
number recorded from that trip's VTR.
The burden estimates for these new requirements apply to all
limited access scallop vessels. In a given fishing year, NMFS estimates
that for DAS reporting, each of the 313 full-time limited access
scallop vessels will submit a pre-landing report 3 times (939
responses) and each of the 34 part-time limited access vessels will
submit a pre-landing report up to 2 times (68 responses), for a total
of 1,007 responses. Public reporting burden for submitting this pre-
landing notification for is estimated to average five minutes per
response with an associated cost of $1.25, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Therefore, 1,007 responses will impose total
compliance costs of $1,259.
Pursuant to section 604 of the Regulatory Flexibility Act (RFA),
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this rule will not have a significant economic
impact on a substantial number of small entities. The factual basis for
the certification was published in the proposed rule and is not
repeated here. No comments were received regarding this certification.
As a result, a regulatory flexibility analysis was not required and
none was prepared.
List of Subjects 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
[[Page 2324]]
Dated: December 30, 2019.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is amended
as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
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. 648.10, revise paragraph (f)(4)(iii) to read as follows:
Sec. 648.10 VMS and DAS requirements for vessel owners/operators.
* * * * *
(f) * * *
(4) * * *
(iii) Scallop Pre-Landing Notification Form for limited access
vessels fishing on scallop trips. A limited access vessel on a declared
sea scallop trip must report through VMS, using the Scallop Pre-Landing
Notification Form, the amount of any scallops kept on each trip,
including declared trips where no scallops were landed. The report must
be submitted no less than 6 hours before arrival, or, if fishing ends
less than 6 hours before arrival, immediately after fishing ends. If
scallops will be landed, the report must include the vessel operator's
permit number, the amount of scallop meats in pounds to be landed, the
number of bushels of in-shell scallops to be landed, the estimated time
of arrival, the landing port and state where the scallops will be
offloaded, and the VTR serial number recorded from that trip's VTR (the
same VTR serial number as reported to the dealer). If no scallops will
be landed, a limited access vessel on a declared sea scallop trip must
provide only the vessel's captain/operator's permit number, the VTR
serial number recorded from that trip's VTR (the same VTR serial number
as reported to the dealer), and confirmation that no scallops will be
landed. A limited access scallop vessel may provide a corrected report.
If the report is being submitted as a correction of a prior report, the
information entered into the notification form will replace the data
previously submitted in the prior report. Submitting a correction does
not prevent NMFS from pursuing an enforcement action for any false
reporting. A vessel may not offload its catch from a Sea Scallop Access
Area trip at more than one location per trip.
* * * * *
0
3. In Sec. 648.14, revise paragraph (k)(5)(i) to read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(k) * * *
(5) * * *
(i) Violate any of the provisions of Sec. 648.80, including
paragraphs (a)(5), the Small-mesh Northern Shrimp Fishery Exemption
Area; (a)(6), the Cultivator Shoal Whiting Fishery Exemption Area;
(a)(9), Small-mesh Area 1/Small-mesh Area 2; (a)(10), the Nantucket
Shoals Dogfish Fishery Exemption Area; (h)(3)(i), the GOM Scallop
Dredge Exemption Area; (a)(12), the Nantucket Shoals Mussel and Sea
Urchin Dredge Exemption Area; (a)(13), the GOM/GB Monkfish Gillnet
Exemption Area; (a)(14), the GOM/GB Dogfish Gillnet Exemption Area;
(a)(15), the Raised Footrope Trawl Exempted Whiting Fishery; (a)(16),
the GOM Grate Raised Footrope Trawl Exempted Whiting Fishery;
(h)(3)(ii), the Georges Bank/Southern New England Scallop Dredge
Exemption Area; (a)(19), the Eastern and Western Cape Cod Spiny Dogfish
Exemption Areas; (b)(3), exemptions (small mesh); (b)(5), the SNE
Monkfish and Skate Trawl Exemption Area; (b)(6), the SNE Monkfish and
Skate Gillnet Exemption Area; (b)(8), the SNE Mussel and Sea Urchin
Dredge Exemption Area; (b)(9), the SNE Little Tunny Gillnet Exemption
Area; (h)(3)(ii); or (b)(12), the SNE Skate Bait Trawl Exemption Area.
Each violation of any provision in Sec. 648.80 constitutes a separate
violation.
* * * * *
Subpart D--Management Measures for the Atlantic Sea Scallop Fishery
0
4. In Sec. 648.51, revise paragraph (b)(1) to read as follows:
Sec. 648.51 Gear and crew restrictions.
* * * * *
(b) * * *
(1) Maximum dredge width. The combined dredge width in use by or in
possession on board such vessels shall not exceed 31 ft (9.4 m),
measured at the widest point in the bail of the dredge, except as
provided under paragraph (e) of this section, in Sec. 648.59(g)(2),
and the scallop dredge exemption areas specified in Sec. 648.80(h).
However, component parts may be on board the vessel such that they do
not conform with the definition of ``dredge or dredge gear'' in Sec.
648.2, i.e., the metal ring bag and the mouth frame, or bail, of the
dredge are not attached, and such that no more than one complete spare
dredge could be made from these component's parts.
* * * * *
0
5. In Sec. 648.62, revise paragraph (a) introductory text to read as
follows:
Sec. 648.62 Northern Gulf of Maine (NGOM) Management Program.
(a) The NGOM scallop management area is the area north of
42[deg]20' N lat. and within the boundaries of the Gulf of Maine
Scallop Dredge Exemption Area as specified in Sec. 648.80(h)(3)(i). To
fish for or possess scallops in the NGOM scallop management area, a
vessel must have been issued a scallop permit as specified in Sec.
648.4(a)(2).
* * * * *
Subpart F--Management Measures for the NE Multispecies and Monkfish
Fisheries
0
6. In Sec. 648.80,
0
a. Revise paragraphs (a)(3)(vi);
0
b. Remove and reserve paragraphs (a)(11) and (18);
0
c. Revise paragraph (b)(2)(vi);
0
d. Remove and reserve paragraph (b)(11); and
0
e. Revise paragraphs (h).
The revisions read as follows:
Sec. 648.80 NE Multispecies regulated mesh areas and restrictions on
gear and methods of fishing.
(a) * * *
(3) * * *
(vi) Other restrictions and exemptions. A vessel is prohibited from
fishing in the GOM or GB Exemption Area as defined in paragraph (a)(17)
of this section, except if fishing with exempted gear (as defined under
this part) or under the exemptions specified in paragraphs (a)(5)
through (a)(7), (a)(9) through (a)(16) and (a)(18) through (a)(19),
(d), (e), (h), and (i) of this section; or if fishing under a NE
multispecies DAS; or if fishing on a sector trip; or if fishing under
the Small Vessel or Handgear A permit specified in Sec. 648.82(b)(5)
and (6), respectively; or if fishing under a Handgear B permit
specified in Sec. 648.88(a); or if fishing under the scallop state
waters exemptions specified in Sec. 648.54 and paragraph (h)(3)(i) of
this section; or if fishing under a scallop DAS or general category
trip in accordance with paragraph (h) of this section; or if fishing
pursuant to a NE multispecies open access Charter/Party or Handgear
permit specified in Sec. 648.88; or if fishing as a charter/party or
private recreational vessel in compliance with Sec. 648.89. Any gear
used by a vessel in this area must
[[Page 2325]]
be authorized under one of these exemptions. Any gear on a vessel that
is not authorized under one of these exemptions must be stowed and not
available for immediate use as defined in Sec. 648.2.
* * * * *
(b) * * *
(2) * * *
(vi) Other restrictions and exemptions. A vessel is prohibited from
fishing in the SNE Exemption Area, as defined in paragraph (b)(10) of
this section, except if fishing with exempted gear (as defined under
this part) or under the exemptions specified in paragraphs (b)(3),
(b)(5) through (9), (b)(12), (c), (e), (h), and (i) of this section; or
if fishing under a NE multispecies DAS; or if fishing on a sector trip;
or if fishing under the Small Vessel or Handgear A permit specified in
Sec. 648.82(b)(5) and (6), respectively; or if fishing under a
Handgear B permit specified in Sec. 648.88(a); or if fishing under a
scallop state waters exemption specified in Sec. 648.54; or if fishing
under a scallop DAS or General Category scallop permit in accordance
with paragraph (h) of this section; or if fishing pursuant to a NE
multispecies open access Charter/Party or Handgear permit specified in
Sec. 648.88; or if fishing as a charter/party or private recreational
vessel in compliance with the regulations specified in Sec. 648.89.
Any gear on a vessel, or used by a vessel, in this area must be
authorized under one of these exemptions or must be stowed and not
available for immediate use as defined in Sec. 648.2.
* * * * *
(h) Scallop vessels--(1) Scallop DAS. Except as provided in
paragraphs (h)(2) and (3) of this section, a scallop vessel that
possesses a limited access scallop permit and either a NE multispecies
Combination vessel permit or a scallop/multispecies possession limit
permit, and that is fishing under a scallop DAS allocated under Sec.
648.53, may possess and land up to 300 lb (136.1 kg) of regulated
species per trip, provided that the amount of regulated species on
board the vessel does not exceed the trip limits specified in Sec.
648.86, and provided the vessel has at least one standard tote on
board, unless otherwise restricted by Sec. 648.86(a)(2).
(2) NE Multispecies DAS. Limited access scallop vessels issued a
limited access NE multispecies permit and fishing under a NE
multispecies DAS are subject to the gear restrictions specified in this
section and may possess and land unlimited amounts of regulated species
or ocean pout, unless otherwise restricted by Sec. 648.86. Such
vessels may simultaneously fish under a scallop DAS, but are prohibited
from using scallop dredge gear on such trips.
(3) Scallop dredge exemption areas for general category scallop
permits--(i) GOM Scallop Dredge Exemption Area. Unless otherwise
prohibited in Sec. 648.81, Sec. 648.370, or Sec. 648.371, vessels
with a limited access scallop permit that have declared out of the DAS
program as specified in Sec. 648.10, or that have used up their DAS
allocations, and vessels issued a General Category scallop permit, may
fish in the GOM Regulated Mesh Area specified in paragraph (a)(1) of
this section, when not under a NE multispecies DAS, providing the
vessel fishes in the GOM Scallop Dredge Exemption Area and complies
with the requirements specified in paragraph (h)(3)(iii) of this
section. The GOM Scallop Dredge Fishery Exemption Area is bounded on
the west and north by the coastlines of Massachusetts, New Hampshire,
and Maine, bounded on the east by the U.S.-Canada Maritime Boundary,
and bounded on the south by straight lines connecting the following
points in the order stated:
GOM Scallop Dredge Exemption Area
------------------------------------------------------------------------
Point N lat. W long.
------------------------------------------------------------------------
GOM1.............................................. 43[deg]58 (\1\)
'
GOM2.............................................. 43[deg]58 67[deg]22
' '
GOM3.............................................. 43[deg]41 68[deg]00
' '
GOM4.............................................. 43[deg]12 69[deg]00
' '
GOM5.............................................. 42[deg]49 69[deg]40
.5' '
GOM6.............................................. 42[deg]20 69[deg]40
' '
GOM7.............................................. 42[deg]20 (\2\)
'
------------------------------------------------------------------------
\1\ The intersection of 43[deg]58' N lat. and the U.S.-Canada Maritime
boundary.
\2\ The intersection of 42[deg]20' N lat. and the coastline of
Massachusetts.
(ii) Georges Bank/Southern New England Scallop Dredge Exemption
Area. Unless otherwise prohibited in Sec. 648.81, Sec. 648.370, or
Sec. 648.371, vessels issued a LAGC scallop permit, including limited
access scallop permits that have used up their DAS allocations, may
fish in the Georges Bank/Southern New England Scallop Dredge Exemption
Area, as defined under paragraph (h)(3)(ii)(A) of this section, when
not under a NE multispecies or scallop DAS or on a sector trip,
provided the vessel complies with the requirements specified in
paragraph (h)(3)(iii) of this section and applicable scallop
regulations in subpart D of this part.
(A) Area definition. The Georges Bank/Southern New England dredge
exemption area is bounded on the north by 42[deg]20' N lat.; bounded on
the east by the U.S.-Canada Maritime boundary and the outer limit of
the US EEZ; bounded on the west by 72[deg]30' W long. from the outer
limit of the US EEZ to the south-facing coastline of Long Island; and
bounded on the northwest by the following points, connected as noted in
the order listed:
GB/SNE Scallop Dredge Exemption Area
------------------------------------------------------------------------
Point N lat. W long. Note
------------------------------------------------------------------------
1.......... The south-facing 72[deg]30' W..... From Point 1 to Point
coastline of 2 following the
Long Island. coastline of Long
Island.
2.......... 41[deg]00' N..... The southeast- From Point 2 to Point
facing coast of 3 following a
Long Island. straight line.
3.......... 41[deg]00' N..... The 3 nautical From Point 3 to Point
mile line, 4 following the
approximately Submerged Lands Act
71[deg]51.841' W (3 nautical mile)
long. line.
4.......... 41[deg]4.25' N... The 3 nautical From Point 4 to Point
mile line, 5 following a
approximately straight line.
71[deg]47.384' W
long.
5.......... 41[deg]15' N..... 72[deg]2.25' W... Point 5 represents
Race Point, Fishers
Island, NY. From
Point 5 to Point 6
following a straight
line northeasterly
through Fishers
Island, NY.
6.......... 41[deg]18.2' N... 71[deg]51.5' W... Point 6 represents
Watch Hill, RI. From
Point 6 to Point 7
following the
coastlines of Rhode
Island and
Massachusetts.
7.......... 42[deg]20' N..... The coastline of .....................
Massachusetts.
------------------------------------------------------------------------
[[Page 2326]]
(B) [Reserved]
(iii) Requirements. (A) A vessel fishing in the Scallop Dredge
Fishery Exemption Areas specified in paragraphs (h)(3)(i) and (ii) of
this section may not fish for, possess on board, or land any species of
fish other than Atlantic sea scallops and up to 50 lb (23 kg) tail
weight or 166 lb (75 kg) whole weight of monkfish per trip.
(B) The combined dredge width in use by, or in possession on board,
vessels fishing in the Scallop Dredge Fishery Exemption Areas may not
exceed 10.5 ft (3.2 m), measured at the widest point in the bail of the
dredge.
(C) The exemption does not apply to the Cashes Ledge Closure Area
or the Western GOM Area Closure specified in Sec. 648.81(a)(3) and
(4), respectively.
* * * * *
[FR Doc. 2019-28455 Filed 1-14-20; 8:45 a.m.]
BILLING CODE 3510-22-P
