Fisheries of the Northeastern United States; Framework Adjustment 33 to the Atlantic Sea Scallop Fishery Management Plan, 27042-27053 [2021-10553]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 86, Number 95 (Wednesday, May 19, 2021)]
[Rules and Regulations]
[Pages 27042-27053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10553]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.: 210513-0105]
RIN 0648-BK51


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

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

ACTION: Interim final rule.

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

SUMMARY: NMFS approves and implements Framework Adjustment 33 to the 
Atlantic Sea Scallop Fishery Management Plan. This action is necessary 
to set scallop specifications and other measures for fishing years 2021 
and 2022, implement measures to protect small scallops, and to reduce 
bycatch of flatfish. This action is intended to prevent overfishing and 
improve both yield-per-recruit and the overall management of the 
Atlantic sea scallop resource.

DATES: Effective May 19, 2021. Comments must be received by June 18, 
2021.

ADDRESSES: The New England Fishery Management Council developed an 
environmental assessment for this action that describes the measures in 
Framework Adjustment 33 and other considered alternatives and analyzes 
the impacts of the measures and alternatives. Copies of Framework 33, 
the environmental assessment, 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-33.
    You may submit comments, identified by NOAA-NMFS-2021-0033, by the 
following method:

[[Page 27043]]

     Electronic Submission: Submit all electronic 
public comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2021-0033 in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
    Instructions: Comments sent by any other method or received after 
the end of the comment period, may not be considered by NMFS. All 
comments received are a part of the public record and will generally be 
posted for public viewing on www.regulations.gov without change. All 
personal identifying information (e.g., name, address, etc.), 
confidential business information, or otherwise sensitive information 
submitted voluntarily by the sender will be publicly accessible. NMFS 
will accept anonymous comments (enter ``N/A'' in the required fields if 
you wish to remain anonymous).
    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.fisheries.noaa.gov/species/atlantic-sea-scallop#commercial.

FOR FURTHER INFORMATION CONTACT: Travis Ford, Fishery Policy Analyst, 
978-281-9233.

SUPPLEMENTARY INFORMATION:

Background

    The scallop fishery's management unit ranges from the shorelines of 
Maine through North Carolina to the outer boundary of the Exclusive 
Economic Zone. The Atlantic Sea Scallop Fishery Management Plan (FMP), 
established in 1982, includes a number of amendments and framework 
adjustments that have revised and refined the fishery's management. The 
New England Fishery Management Council sets scallop fishery catch 
limits and other management measures through specification or framework 
adjustments that occur annually or biennially. Due to the COVID-19 
global pandemic, the annual scallop surveys that were to be conducted 
in the summer of 2020 were delayed and some canceled outright. Because 
of this, the Council had to delay final action and was not able to 
adopt Framework 33 until January 27, 2021. The Council submitted an 
environmental assessment to NMFS on April 7, 2021, for approval. The 
2021 scallop fishing year began on April 1, 2021, and NMFS was unable 
to implement Framework 33 for the start of the fishing year. To help 
ensure that Framework 33 would be implemented as close as possible to 
April 1, 2021, the start of the fishing year, NMFS is implementing 
Framework 33 through this interim final rule but is also affording the 
public the opportunity to comment on this action by accepting public 
comment until June 18, 2021.
    NMFS has approved all of the measures in Framework 33 recommended 
by the Council, as described below. The Council reviewed the 
regulations in this rule as drafted by NMFS and deemed them to be 
necessary and appropriate as specified in section 303(c) of the 
Magnuson-Stevens Fishery Conservation and Management Act. This interim 
final rule implements Framework 33, which sets scallop specifications 
and other measures for fishing years 2021 and 2022, including changes 
to the catch, effort, and quota allocations and adjustments to the 
rotational area management program for fishing year 2021, measures to 
reduce bycatch of flatfish, and default specifications for fishing year 
2022. The 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.

Specification of Scallop Overfishing Limit (OFL), Acceptable Biological 
Catch (ABC), Annual Catch Limits (ACL), Annual Catch Targets (ACT), 
Annual Projected Landings (APL) and Set-Asides for the 2021 Fishing 
Year, and Default Specifications for Fishing Year 2022

    The Council set the OFL based on a fishing mortality (F) of 0.61, 
equivalent to the F threshold updated through the Northeast Fisheries 
Science Center's most recent scallop management track assessment that 
was completed in September 2020. The ABC and the equivalent total ACL 
for each fishing year are based on an F of 0.45, 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 67.3 million lb (30,517 mt) for 2021 and 61.9 
million lb (28,074 mt) for the 2022 fishing year, after accounting for 
discards and incidental mortality. The SSC will reevaluate and 
potentially adjust the ABC for 2022 when the Council develops the next 
framework adjustment.
    Table 1 outlines the scallop fishery catch limits derived from the 
ABC values and the projected landings of the fleet. After deducting the 
incidental target total allowable catch (TAC), the research set-aside 
(RSA), and the observer set-aside, the remaining ACL available to the 
fishery is allocated according to the following fleet proportions 
established in Amendment 11 to the FMP (73 FR 20090; April 14, 2008): 
94.5 percent is allocated to the limited access scallop fleet (i.e., 
the larger ``trip boat'' fleet); 5 percent is allocated to the limited 
access general category (LAGC) individual fishing quota (IFQ) fleet 
(i.e., the smaller ``day boat'' fleet); and the remaining 0.5 percent 
is allocated to limited access scallop vessels that also have LAGC IFQ 
permits. Amendment 15 to the FMP (76 FR 43746; July 21, 2011) specified 
that no buffers to account for management uncertainty are necessary in 
setting the LAGC ACLs, meaning that the LAGC ACL is equal to the LAGC 
ACT. For the limited access fleet, the management uncertainty buffer is 
based on the F associated with a 75-percent probability of remaining 
below the F associated with ABC/ACL, which, using the updated fishing 
mortality applied to the ABC/ACL, now results in an F of 0.39.

 Table 1--Scallop Catch Limits (mt) for Fishing Years 2021 and 2022 for
                 the Limited Access and LAGC IFQ Fleets
------------------------------------------------------------------------
              Catch limits                   2021 (mt)     2022 (mt) \1\
------------------------------------------------------------------------
OFL.....................................          45,392          41,926
ABC/ACL (discards removed)..............          30,517          28,074
Incidental Catch........................              23              23
RSA.....................................             567             567

[[Page 27044]]

 
Observer Set-Aside......................             305             281
ACL for fishery.........................          29,622          27,203
Limited Access ACL......................          27,993          25,707
LAGC Total ACL..........................           1,629           1,496
LAGC IFQ ACL (5 percent of ACL).........           1,481           1,360
Limited Access with LAGC IFQ ACL (0.5                148             136
 percent of ACL)........................
Limited Access ACT......................          24,260          22,279
APL (after set-asides removed)..........          17,269             (1)
Limited Access APL (94.5 percent of APL)          16,319             (1)
Total IFQ Annual Allocation (5.5 percent             950             712
 of APL) \2\............................
LAGC IFQ Annual Allocation (5 percent of             863             648
 APL) \2\...............................
Limited Access with LAGC IFQ Annual                   86              65
 Allocation (0.5 percent of APL) \2\....
------------------------------------------------------------------------
\1\ The catch limits for the 2022 fishing year are subject to change
  through a future specifications action or framework adjustment. This
  includes the setting of an APL for 2022 that will be based on the 2021
  annual scallop surveys.
\2\ The 2022 IFQ annual allocations are set at 75 percent of the 2021
  IFQ Annual Allocations.

    This action deducts 1.25 million lb (567 mt) of scallops annually 
for 2021 and 2022 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 310,904 lb (141,024 kg) 
to previously funded multi-year projects as part of the 2020 RSA awards 
process. NMFS reviewed proposals submitted for consideration of 2021 
RSA awards and announced project selections on March 15, 2021. Details 
on the 2021 RSA awards can be found on our website here: https://www.fisheries.noaa.gov/new-england-mid-atlantic/science-data/2021-2022-sea-scallop-research-set-aside-projects-selected.
    This action also deducts one 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 305 mt for 2021 and 281 mt 
for 2022. In fishing year 2021, the compensation rates for limited 
access vessels in open areas fishing under days-at-sea (DAS) is 0.13 
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 2022 observer set-aside when it develops 
specific, non-default measures for 2022.

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 2021 and 2022 (Table 2). The 2021 
DAS allocations are the same as those allocated to the limited access 
fleet in 2020. Framework 33 sets 2022 DAS allocations at 75 percent of 
fishing year 2021 DAS allocations as a precautionary measure. This is 
to avoid over-allocating DAS to the fleet in the event that the 2022 
specifications action is delayed past the start of the 2022 fishing 
year. The allocations in Table 2 exclude any DAS deductions that are 
required if the limited access scallop fleet exceeds its 2020 sub-ACL.

      Table 2--Scallop Open Area DAS Allocations for 2021 and 2022
------------------------------------------------------------------------
             Permit category                   2021       2022 (default)
------------------------------------------------------------------------
Full-Time...............................           24.00           18.00
Part-Time...............................            9.60            7.20
Occasional..............................            2.00            1.50
------------------------------------------------------------------------

Changes to Fishing Year 2021 Sea Scallop Access Area Boundaries

    For fishing year 2021 and the start of 2022, Framework 33 keeps the 
Mid-Atlantic Access Area (MAAA), Nantucket Lightship-South-Deep Access 
Area (NLS-S-D), and Closed Area I Access Area (CAI) open as access 
areas. However, Framework 33 will not allocate any additional landings 
from CAI for the limited access fleet (see below). In addition, this 
action opens one new area, Closed Area II Access Area (CAII), formerly 
known as the Closed Area II-Southwest and Extension Closed Area (Table 
3).

                                   Table 3--Closed Area II Scallop Access Area
----------------------------------------------------------------------------------------------------------------
                              Point                                 N latitude      W longitude        Note
----------------------------------------------------------------------------------------------------------------
CAII1...........................................................      41[deg]11'      67[deg]20'
CAII2...........................................................      41[deg]11'      66[deg]41'
CAII3...........................................................       41[deg]0'      66[deg]41'
CAII4...........................................................       41[deg]0'         (\1\) '         (\2\) '

[[Page 27045]]

 
CAII5...........................................................      40[deg]40'         (\3\) '         (\2\) '
CAII6...........................................................      40[deg]40'      67[deg]20'
CAII1...........................................................      41[deg]11'      67[deg]20'
----------------------------------------------------------------------------------------------------------------
\1\ The intersection of 41[deg]0' N lat. and the U.S.-Canada Maritime Boundary, approximately 41[deg]0' N lat.
  and 66[deg]09.33' W long.
\2\ From Point CAII4 connected to Point CAII5 along the U.S.-Canada Maritime Boundary.
\3\ The intersection of 40[deg]40' N lat. and the U.S.-Canada Maritime Boundary, approximately 40[deg]40' N lat.
  and 65[deg]52.61' W long.

Fishing Year 2021 Sea Scallop Closed Area Boundaries

    Framework 33 will keep two existing closed areas closed, i.e., the 
Nantucket Lightship-Triangle Scallop Closed Area and the Stellwagen 
Bank Scallop Closed Area. In addition, Framework 33 closes two more 
areas to scallop fishing, i.e., the Nantucket Lightship-North Closed 
Area (NLS-N) (Table 4) and Closed Area II-East (CAII-E) Closed Area 
(Table 5), formerly known as the Closed Area II Rotational Area. 
Framework 33 is closing NLS-N because there is no longer enough 
harvestable biomass in the area to support a full trip for limited 
access vessels. This action is closing CAII-E to protect small scallops 
that have not yet recruited to the fishery and to reduce bycatch of 
Georges Bank yellowtail flounder and northern windowpane flounder on 
Georges Bank.

             Table 4--Nantucket Lightship-North Closed Area
------------------------------------------------------------------------
                  Point                     N latitude      W longitude
------------------------------------------------------------------------
NLSN1...................................      40[deg]50'      69[deg]30'
NLSH2...................................      40[deg]50'      69[deg]00'
NLSN3...................................      40[deg]28'      69[deg]00'
NLSN4...................................      40[deg]28'      69[deg]30'
NLSN1...................................      40[deg]50'      69[deg]30'
------------------------------------------------------------------------


                                    Table 5--Closed Area II-East Closed Area
----------------------------------------------------------------------------------------------------------------
                              Point                                 N latitude      W longitude        Note
----------------------------------------------------------------------------------------------------------------
CAIIE1..........................................................      41[deg]30'      67[deg]20'  ..............
CAIIE2..........................................................      41[deg]30'         (\1\) '        ( \2\) '
CAIIE3..........................................................      41[deg]00'        ( \3\) '        ( \2\) '
CAIIE4..........................................................      41[deg]00'      66[deg]41'  ..............
CAIIE5..........................................................      41[deg]11'      66[deg]41'  ..............
CAIIE6..........................................................      41[deg]11'      67[deg]20'  ..............
CAIIE1..........................................................      41[deg]30'      67[deg]20'  ..............
----------------------------------------------------------------------------------------------------------------
\1\ The intersection of 41[deg]30' N lat. and the U.S.-Canada Maritime Boundary, approximately 41[deg]30' N
  lat., 66[deg]34.73' W long.
\2\ From Point CAIIE2 connected to Point CAIIE3 along the U.S.-Canada Maritime Boundary.
\3\ The intersection of 41[deg]00' N lat. and the U.S.-Canada Maritime Boundary, approximately 41[deg]00' N lat.
  and 66[deg]09.33' W long.

Extension of CAII Seasonal Closure To Mitigate Flatfish Bycatch

    Framework 33 continues the extension of existing seasonal closure 
in CAII to reduce bycatch of northern windowpane flounder and Georges 
Bank yellowtail flounder. The seasonal closure in CAII occurs from 
August 15-November 15 of each year. Framework 32 to the Atlantic Sea 
Scallop FMP (85 FR 17754; March 31, 2020) extended that closure for 15 
additional days from August 15-November 30 for the 2020 fishing year 
only. Framework 33 continues that 15-day extension for fishing year 
2021.

Full-Time Limited Access Allocations and Trip Possession Limits for 
Scallop Access Areas

    Table 6 provides the limited access full-time allocations for all 
of the access areas for the 2021 fishing year and the first 60 days of 
the 2022 fishing year. These allocations can be landed in as many trips 
as needed, so long as vessels do not exceed the possession limit (also 
in Table 6) on any one trip.

Table 6--Scallop Access Area Full-Time Limited Access Vessel Poundage Allocations and Trip Possession Limits for
                                                  2021 and 2022
----------------------------------------------------------------------------------------------------------------
                                          Scallop possession                             2022 Scallop allocation
        Rotational access area                  limit           2021 Scallop allocation         (default)
----------------------------------------------------------------------------------------------------------------
Closed Area II.......................  18,000 lb (8,165 kg)     27,000 lb (12,247 kg)..  0 lb (0 kg)
                                        per trip.
Nantucket Lightship-South-Deep.......  .......................  27,000 lb (12,247 kg)..  0 lb (0 kg)
Mid-Atlantic.........................  18,000 lb (8,165 kg)...  18,000 lb (8,165 kg)...
                                      --------------------------------------------------------------------------
    Total............................  .......................  72,000 lb (32,659 kg)..  18,000 lb (8,165 kg)
----------------------------------------------------------------------------------------------------------------


[[Page 27046]]

Part-Time Limited Access Allocations and Trip Possession Limits for 
Scallop Access Areas

    Table 7 provides the limited access part-time allocations for all 
of the access areas for the 2021 fishing year and the first 60 days of 
the 2022 fishing year. These allocations can be landed in as many trips 
as needed, so long as the vessels do not exceed the possession limit 
(also in Table 8) on any one trip.

Table 7--Scallop Access Area Part-Time Limited Access Vessel Poundage Allocations and Trip Possession Limits for
                                                  2021 and 2022
----------------------------------------------------------------------------------------------------------------
                                          Scallop possession                             2022 Scallop allocation
        Rotational access area                  limit           2021 Scallop allocation         (default)
----------------------------------------------------------------------------------------------------------------
Closed Area II or Nantucket Lightship- 14,400 lb (6,532 kg)     14,400 lb (6,532 kg)...  0 lb (0 kg)
 South \1\.                             per trip.
Mid-Atlantic.........................  .......................  14,400 lb (6,532 kg)...  7,200 lb (3,266 kg)
                                      --------------------------------------------------------------------------
    Total............................  .......................  28,800 lb (13,063 kg)..  7,200 lb (3,266 kg)
----------------------------------------------------------------------------------------------------------------
\1\ Part-time vessels must choose to take this trip in either Closed Area II or Nantucket Lightship-South-Deep.
  Once a vessel declares a trip into either area, the entirety of the 14,400-lb (6,532-kg) allocation can only
  be taken from the same area.

Closed Area I RSA-Only

    Because of the limited amount of biomass in the CAI to support a 
full limited access trip, Framework 33 will not allocate any landings 
from CAI to the limited access fleet. CAI will only be available for 
the LAGC access area trips and RSA compensation fishing.

LAGC Measures

    1. ACL and IFQ Allocation for LAGC Vessels with IFQ Permits. For 
LAGC vessels with IFQ permits, this action implements a 1,481-mt ACL 
for 2021 and a 1,360-mt default ACL for 2022 (see Table 1). These sub-
ACLs have no associated regulatory or management requirements but 
provide a ceiling on overall landings by the LAGC IFQ fleets. The 
annual allocation to the LAGC IFQ-only fleet for fishing years 2021 and 
2022 based on APL is 863 mt for 2021 and 648 mt for 2022 (see Table 1). 
Each vessel's IFQ is calculated from these allocations based on APL.
    2. ACL and IFQ Allocation for Limited Access Scallop Vessels with 
IFQ Permits. For limited access scallop vessels with IFQ permits, this 
action implements a 148-mt ACL for 2021 and a default 136-mt ACL for 
2022 (see Table 1). 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 is 86 mt for 2021 and 65 mt for 
2022 (see Table 1). Each vessel's IFQ is calculated from these 
allocations based on APL.
    3. LAGC IFQ Trip Allocations for Scallop Access Areas. Framework 33 
allocates LAGC IFQ vessels a fleet-wide number of trips in CAI, NLS-S-
D, and MAAA for fishing year 2021 and default trips in the MAAA for 
fishing year 2022 (see Table 8). The scallop catch associated with the 
total number of trips for all areas combined (2,283 trips) for fishing 
year 2021 is equivalent to the 5.5 percent of total projected catch 
from access areas.

   Table 8--Fishing Years 2021 and 2022 LAGC IFQ Trip Allocations for
                          Scallop Access Areas
------------------------------------------------------------------------
           Scallop access area                 2021          2022 \1\
------------------------------------------------------------------------
Closed Area I...........................             856               0
Nantucket Lightship-South-Deep..........             856               0
Mid-Atlantic............................             571             571
                                         -------------------------------
    Total...............................           2,283             571
------------------------------------------------------------------------
\1\ The LAGC IFQ access area trip allocations for the 2022 fishing year
  are subject to change through a future specifications action or
  framework adjustment.

    4. Northern Gulf of Maine (NGOM) Total Allowable Catch (TAC). This 
action implements a 175,000-lb (79,379-kg) NGOM TAC for fishing year 
2021 and a 74,000-lb (33,566-kg) default NGOM TAC for fishing year 
2022. The final rule for NGOM portions of Framework 29 (83 FR 12857; 
March 26, 2018) developed a methodology for splitting the NGOM TAC 
between the LAGC and the limited access fleets. Framework 33 continues 
splitting the TAC using this methodology. 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. The LAGC portion of the TAC may be fished by NGOM and LAGC 
IFQ vessels on trips with a 200-lb (90.7-kg) possession limit until the 
TAC has been harvested. Table 12 describes the division of the TAC for 
the 2021 and 2022 (default) fishing years.
    During the 2019 fishing year the LAGC fleet exceeded its portion of 
the NGOM TAC by 3,278 lb (1,487 kg). This triggers a pound-for-pound 
deduction to the LAGC portion of the NGOM TAC to account for the 
overage. Because final catch accounting data for the 2019 fishing year 
was not available in time to implement this deduction in the 2020 
fishing year, the LAGC portion of the NGOM TAC for the 2021 fishing 
year is reduced by 3,278 lb (1,487 kg) to account for the overage. The 
resulting LAGC NGOM TAC is 119,222 lb (54,078 kg) and the total 2021 
NGOM TAC is 171,722 lb (77,892 kg).

[[Page 27047]]



                                Table 9--NGOM TACs for Fishing Year 2021 and 2022
----------------------------------------------------------------------------------------------------------------
                                                               2021                          2022 \1\
                      Fleet                      ---------------------------------------------------------------
                                                        lb              kg              lb              kg
----------------------------------------------------------------------------------------------------------------
LAGC............................................         119,222          54,078          72,000          32,659
Limited access..................................          52,500          23,814           2,000             907
                                                 ---------------------------------------------------------------
    Total.......................................         171,722          77,892          74,000          33,566
----------------------------------------------------------------------------------------------------------------
\1\The NGOM TACs for the 2022 fishing year are subject to change through a future specifications action or
  framework adjustment.

    5. Scallop Incidental Catch Target TAC. This action implements a 
50,000-lb (22,680-kg) scallop incidental catch target TAC for fishing 
years 2021 and 2022 to account for mortality from vessels that catch 
scallops while fishing for other species and 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 the MAAA, NLS-S-D, CAII, CAII and the open area. 
All vessels are prohibited from harvesting RSA compensation pounds in 
all other access areas. 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. Finally, Framework 33 prohibits the harvest of RSA from any 
access areas under default 2022 measures. At the start of 2022, RSA 
compensation may only be harvested from open areas. The Council will 
re-evaluate this default prohibition measure in the action that would 
set final 2022 specifications.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has preliminarily determined that this 
interim final rule is consistent with the FMP, other provisions of the 
Magnuson-Stevens Act and other applicable law.
    We have examined the impacts of the interim final rule under 
Executive Orders 12866 and 13563. Executive Orders 12866 and 13563 
direct us to assess all costs and benefits of available regulatory 
alternatives and, when regulation is necessary, to select regulatory 
approaches that maximize net benefits (including potential economic, 
environmental, public health and safety, and other advantages; 
distributive impacts; and equity). The Office of Management and Budget 
(OMB) has determined that this rule is economically significant, as 
defined by Executive Order 12866.
    As analyzed in Section 6.6.1 Economic Impacts in the Scallop 
Fishery Management Plan Framework Adjustment 33 Final Submission 
(https://www.nefmc.org/library/framework-33), the costs of this rule 
are lost consumer and producer surplus resulting from a lower predicted 
catch in 2021 than predicted for 2020. We estimate a reduction in 
consumer and producer surplus of $104.1 million in $2020 in 2021. The 
benefits of this rule are to prevent overfishing and to minimize 
bycatch, helping to ensure the sustainability of fishery stocks and 
minimize adverse ecological impacts. Given data limitations, we are 
unable to quantify the benefits. The total catch may increase or 
decrease in future years due to necessary management changes. As noted 
in Table 1, the catch limits for the 2022 fishing year are subject to 
change through a future specifications action or framework adjustment. 
Incremental changes in total catch from year to year will be analyzed 
in future rulemakings to assess the relative costs and benefits of each 
action, consistent with E.O. 12866 and Circular A-4.

          Table 1--Summary of Benefits, Costs and Transfers of Interim Final Rule in Millions of $ 2020
----------------------------------------------------------------------------------------------------------------
            Category                 Estimate                 Units                           Notes
----------------------------------------------------------------------------------------------------------------
Benefits
 
    Monetized...................               0  2020$, mil...................
 
    Quantified..................               0  Lbs, mil.....................
                                 -------------------------------------------------------------------------------
 
    Qualitative.................   Prevent overfishing and minimize bycatch in
                                   accordance with the Magnuson Stevens Act and
                                        governing Fishery Management Plan
                                 -------------------------------------------------------------------------------
Costs
 
    Monetized...................          -104.1  2020$, mil...................  Estimated annual reduction in
                                                                                  Total Benefits stemming from
                                                                                  Proposed Action, relative to
                                                                                  TB estimated for prior fishing
                                                                                  year (baseline).
 
    Quantified..................           -11.5  Lbs, mil.....................  Estimated annual reduction in
                                                                                  catch from Proposed Action,
                                                                                  relative to catch estimated
                                                                                  for prior fishing year
                                                                                  (baseline).
 
    Qualitative.................
Transfers
 

[[Page 27048]]

 
    Monetized...................               0  2020$, mil...................
 
    Quantified..................               0  Lbs, mil.....................
 
    Qualitative.................  ..............  .............................  No intra-industry transfers are
                                                                                  predicted under the Proposed
                                                                                  Action.
----------------------------------------------------------------------------------------------------------------

    Pursuant to Subtitle E of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (the Congressional Review Act or CRA), 5 U.S.C. 
801-808, the Office of Information and Regulatory Affairs has 
determined that this is a major rule. See 5 U.S.C. 804(2). The CRA's 
60-day delay in the effective date for major rules is not applicable, 
however, because this rule establishes a regulatory program for a 
commercial activity related to fishing. See 5 U.S.C. 808(1).
    The Assistant Administrator for Fisheries has determined that it is 
contrary to the public interest to provide for prior notice for this 
action. It is necessary to implement the measures of this rule in an 
expedited manner to achieve conservation objectives for the scallop 
fishery and certain fish stocks. Similarly, the need to implement these 
measures in a timely manner 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 Framework 33 measures effective as soon as 
possible.
    In the summer of 2020, due to the COVID-19 global pandemic, certain 
of the annual scallop surveys were delayed while others were canceled. 
Because of this, the Council had to delay final action on Scallop 
Framework 33 until its January 2021 meeting. The 2021 scallop fishing 
year began on April 1, 2021, and NMFS was unable to approve and 
implement final Framework 33 measures for the start of the fishing 
year. On April 1, default specifications went into place for the 
scallop fishery. Framework 32 set fishing year 2021 default 
specifications that were intentionally conservative.
    Because most of the default specifications are more conservative 
than those that would be implemented in Framework 33, delaying the 
implementation of this action to allow prior notice and opportunity for 
public comment or a 30-day delay in effective date would be contrary to 
the public interest because it would cause the scallop fleet to lose 
the positive economic benefits of immediate implementation and could 
also negatively impact the access area rotation program by delaying 
fishing in access areas that should be available. There is good cause 
to immediately implement the rule rather than delay the effective date 
by 30-days because this action provides full-time vessels with an 
additional 6 DAS (24 DAS total) and 54,000 lb (24,494 kg) in access 
area allocations (72,000 lb (32,659 kg) total) to each full-time 
limited access vessel. Further, LAGC IFQ vessels will receive an 
additional 27-mt (950-mt total) allocation and 1,712 access area trips 
spread out across 3 access areas (2,283 trips total). Framework 33 
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, 2021, the 
beginning of the scallop fishing year. Additionally, because this rule 
relieves restrictions by increasing these allocations, it is not 
subject to the 30-day delayed effectiveness provision of the 
Administrative Procedure Act (APA) pursuant to 5 U.S.C. 553(d)(1).
    This interim final rule is exempt from the procedures of the 
Regulatory Flexibility Act because prior notice and opportunity for 
public comment is not required.
    This interim rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: May 14, 2021.
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

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

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

Subpart A--General Provisions

0
2. In Sec.  648.14, revise paragraphs (i)(2)(vi)(B) and (i)(3)(v)(E) to 
read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (i) * * *
    (2) * * *
    (vi) * * *
    (B) Transit the Closed Area II Scallop Rotational Area or the 
Closed Area II-East Scallop Rotational Area, as defined in Sec.  
648.60(d), unless there is a compelling safety reason for transiting 
the area and the vessel's fishing gear is stowed and not available for 
immediate use as defined in Sec.  648.2.
* * * * *
    (3) * * *
    (v) * * *
    (E) Transit the Closed Area II Scallop Rotational Area or Closed 
Area II-East Scallop Rotational Area, as defined in Sec.  648.60(d), 
unless there is a compelling safety reason for transiting the area and 
the vessel's fishing gear is stowed and not available for immediate use 
as defined in Sec.  648.2.
* * * * *

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

0
3. In Sec.  648.51, revise paragraph (f)(1) to read as follows:


Sec.  648.51  Gear and crew restrictions.

* * * * *
    (f) * * *
    (1) Restrictions. A vessel issued a limited access scallop permit 
fishing for scallops under the scallop DAS allocation program may not 
fish with, possess on board, or land scallops while in possession of a 
trawl net, unless such vessel has been issued a limited access trawl 
vessel permit that endorses the vessel to fish for scallops with a 
trawl net. A limited access scallop vessel issued a trawl vessel permit 
that endorses the vessel to fish for scallops with a trawl net and 
general category scallop vessels enrolled in the Area Access Program as 
specified in Sec.  648.59, may not fish for scallops with a trawl net 
in the Closed Area 1, Closed Area II, Closed Area II-East, and 
Nantucket

[[Page 27049]]

Lightship-South-Deep Rotational Areas specified in Sec.  648.60.
* * * * *

0
4. In Sec.  648.53, revise paragraphs (a)(8), (b)(3), and (c)(1) and 
(2) to read as follows:


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

    (a) * * *
    (8) Scallop fishery catch limits. The following catch limits will 
be effective for the 2021 and 2022 fishing years:

        Table 1 to Paragraph (a)(8)--Scallop Fishery Catch Limits
------------------------------------------------------------------------
              Catch limits                  2021  (mt)    2022  (mt) \1\
------------------------------------------------------------------------
OFL.....................................          45,392          41,926
ABC/ACL (discards removed)..............          30,517          28,074
Incidental Catch........................              23              23
RSA.....................................             567             567
Observer Set-Aside......................             305             281
ACL for fishery.........................          29,622          27,203
Limited Access ACL......................          27,993          25,707
LAGC Total ACL..........................           1,629           1,496
LAGC IFQ ACL (5 percent of ACL).........           1,481           1,360
Limited Access with LAGC IFQ ACL (0.5                148             136
 percent of ACL)........................
Limited Access ACT......................          24,260          22,279
APL (after set-asides removed)..........          17,269             (1)
Limited Access APL (94.5 percent of APL)          16,319             (1)
Total IFQ Annual Allocation (5.5 percent             950             712
 of APL) \2\............................
LAGC IFQ Annual Allocation (5 percent of             863             648
 APL) \2\...............................
Limited Access with LAGC IFQ Annual                   86              65
 Allocation (0.5 percent of APL) \2\....
------------------------------------------------------------------------
\1\ The catch limits for the 2022 fishing year are subject to change
  through a future specifications action or framework adjustment. This
  includes the setting of an APL for 2022 that will be based on the 2021
  annual scallop surveys. The 2022 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 paragraph (a)(6)(iii)(B) of this section, the 2022
  IFQ annual allocations are set at 75 percent of the 2021 IFQ Annual
  Allocations.

    (b) * * *
    (3) DAS allocations. The DAS allocations for limited access scallop 
vessels for fishing years 2021 and 2022 are as follows:

     Table 2 to Paragraph (b)(3)--Scallop Open Area DAS Allocations
------------------------------------------------------------------------
             Permit category                   2021          2022 \1\
------------------------------------------------------------------------
Full-Time...............................           24.00           18.00
Part-Time...............................            9.60            7.20
Occasional..............................            2.00             1.5
------------------------------------------------------------------------
\1\ The DAS allocations for the 2022 fishing year are subject to change
  through a future specifications action or framework adjustment. The
  2022 DAS allocations are set at 75 percent of the 2021 allocation as a
  precautionary measure.

* * * * *
    (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 0.39, the AM specified in 
paragraph (c) of this section shall not take effect. The fishing 
mortality rate of 0.39 is the fishing mortality rate that is one 
standard deviation below the fishing mortality rate for the scallop 
fishery ACL, currently estimated at 0.45.
    (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 0.39. 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 
Administrative Procedure Act (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.
* * * * *


Sec.  648.56  [Amended]

0
5. In Sec.  648.56, remove paragraph (i).

0
6. In Sec.  648.59:
0
a. Revise paragraph (a)(2);
0
b. Lift the suspension of paragraphs (b)(3)(i)(B)(1)(ii) and 
(b)(3)(i)(B)(2)(ii);
0
c. Revise paragraph (b)(3)(i)(B);
0
d. Remove and reserve paragraph (b)(3)(ii)(A)(2);

[[Page 27050]]

0
e. Revise paragraph (b)(3)(ii)(B);
0
f. Lift the suspension of paragraph (c);
0
g. Revise paragraphs (c), (e), (g)(1), and (g)(3)(v); and
0
h. Remove paragraph (h).
    The revisions read as follows:


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

    (a) * * *
    (2) Transiting a Closed Scallop Rotational Area. No vessel 
possessing scallops may enter or be in the area(s) specified in this 
section when those areas are closed, as specified through the 
specifications or framework adjustment processes defined in Sec.  
648.55, unless the vessel is transiting the area and the vessel's 
fishing gear is stowed and not available for immediate use as defined 
in Sec.  648.2, or there is a compelling safety reason to be in such 
areas without such gear being stowed. A vessel may only transit the 
Closed Area II Scallop Rotational Area or the Closed Area II-East 
Scallop Rotational Area, as defined in Sec.  648.60(d), if there is a 
compelling safety reason for transiting the area and the vessel's 
fishing gear is stowed and not available for immediate use as defined 
in Sec.  648.2.
* * * * *
    (b) * * *
    (3) * * *
    (i) * * *
    (B) The following access area allocations and possession limits for 
limited access vessels shall be effective for the 2021 and 2022 fishing 
years:
    (1) Full-time vessels. (i) For a full-time limited access vessel, 
the possession limit and allocations are:

                                     Table 1 to Paragraph (b)(3)(i)(B)(1)(i)
----------------------------------------------------------------------------------------------------------------
                                          Scallop possession          2021 Scallop             2022 Scallop
       Rotational access  area                  limit                  allocation         allocation  (default)
----------------------------------------------------------------------------------------------------------------
Closed Area II.......................  18,000 lb (8,165 kg)     27,000 lb (12,247 kg)..  0 lb (0 kg).
                                        per trip.
Nantucket Lightship-South-Deep.......  18,000 lb (8,165 kg)     27,000 lb (12,247 kg)..  0 lb (0 kg).
                                        per trip.
Mid-Atlantic.........................  18,000 lb (8,165 kg)     18,000 lb (8,165 kg)...  18,000 lb (8,165 kg).
                                        per trip.
                                      --------------------------------------------------------------------------
    Total............................  .......................  72,000 lb (32,659 kg)..  18,000 lb (8,165 kg).
----------------------------------------------------------------------------------------------------------------

    (ii) [Reserved]
    (2) Part-time vessels. (i) For a part-time limited access vessel, 
the possession limit and allocations are as follows:

                                     Table 2 to Paragraph (b)(3)(i)(B)(2)(i)
----------------------------------------------------------------------------------------------------------------
                                          Scallop possession          2021 Scallop             2022 Scallop
       Rotational access  area                  limit                  allocation         allocation  (default)
----------------------------------------------------------------------------------------------------------------
Closed Area II or Nantucket Lightship- 14,400 lb (6,532 kg)     14,400 lb (6,532 kg)...  0 lb (0 kg)
 South \1\.                             per trip.
Mid-Atlantic.........................  14,400 lb (6,532 kg)     14,400 lb (6,532 kg)...  7,200 lb (3,266 kg)
                                        per trip.
                                      --------------------------------------------------------------------------
    Total............................  .......................  28,800 lb (13,063 kg)..  7,200 lb (3,266 kg)
----------------------------------------------------------------------------------------------------------------
\1\ Part-Time vessels must choose to take this trip in either Closed Area II or Nantucket Lightship-South-Deep.
  Once a vessel declares a trip into either area, the entirety of the 14,400-lb (6,532-kg) allocation can only
  be taken from the same area.

    (ii) [Reserved]
    (3) Occasional limited access vessels. (i) For the 2021 fishing 
year only, an occasional limited access vessel is allocated 6,000 lb 
(2,722 kg) of scallops with a trip possession limit at 6,000 lb of 
scallops per trip (2,722 kg per trip). Occasional limited access 
vessels may harvest the 6,000 lb (2,722 kg) allocation from the Mid-
Atlantic, Nantucket Lightship-South-Deep, or Closed Area II Access 
Area.
    (ii) For the 2022 fishing year, occasional limited access vessels 
are allocated 1,500 lb (680 kg) of scallops in the Mid-Atlantic Access 
Area only with a trip possession limit of 1,500 lb of scallops per trip 
(680 kg per trip).
    (ii) * * *
    (B) Part-time limited access vessels. The owner of a vessel issued 
a part-time limited access scallop permit may exchange unharvested 
scallop pounds allocated into one access area for another part-time 
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)(2) of this section. For example, if the access area trip 
possession limit for part-time limited access vessels is 14,400 lb 
(6,532 kg), a part-time limited access vessel may exchange no more or 
less than 14,400 lb (6,532 kg), from one access area for no more or 
less than 14,400 lb (6,532 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 limited access 
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 
part-time limited access 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

[[Page 27051]]

History is not eligible to exchange allocations between another vessel 
and the vessel for which a Confirmation of Permit History has been 
issued.
* * * * *
    (c) Scallop Access Area scallop allocation carryover. With the 
exception of vessels that held a Confirmation of Permit History as 
described in Sec.  648.4(a)(2)(i)(J) for the entire fishing year 
preceding the carry-over year, a limited access scallop vessel 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. However, the vessel may not exceed the Scallop Rotational Area 
trip possession limit. 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 2020, 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 2021 (April 1, 2021 through May 30, 2021).
* * * * *
    (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 2021 and 2022 are:
    (1) 2021: Mid-Atlantic, Nantucket Lightship-South-Deep, Closed Area 
I, and Closed Area II Scallop Rotational Areas.
    (i) For fishing year 2021, vessels may only harvest RSA 
compensation from Closed Area II from June 1, 2021 through August 14, 
2021.
    (ii) [Reserved]
    (2) 2022: No access areas.
* * * * *
    (g) * * *
    (1) An LAGC scallop vessel may only fish in the scallop rotational 
areas specified in Sec.  648.60 or in paragraph (g)(3)(iv) of this 
section, subject to any additional restrictions specified in Sec.  
648.60, subject to the possession limit and access area schedule 
specified in the specifications or framework adjustment processes 
defined in Sec.  648.55, provided the vessel complies with the 
requirements specified in paragraphs (b)(1), (2), and (6) through (9), 
(d), (e), (f), and (g) of this section. A vessel issued both a NE 
multispecies permit and an LAGC scallop permit may fish in an approved 
SAP under Sec.  648.85 and under multispecies DAS in the Closed Area I, 
Closed Area II, Closed Area II-East, and Nantucket Lightship-South-Deep 
Scallop Rotational Areas specified in Sec.  648.60, when open, provided 
the vessel complies with the requirements specified in Sec.  648.59 and 
this paragraph (g), but may not fish for, possess, or land scallops on 
such trips.
* * * * *
    (3) * * *
    (v) LAGC IFQ access area allocations. The following LAGC IFQ access 
area trip allocations will be effective for the 2021 and 2022 fishing 
years:

                     Table 3 to Paragraph (g)(3)(v)
------------------------------------------------------------------------
           Scallop access area                 2021          2022 \1\
------------------------------------------------------------------------
Closed Area I...........................             856               0
Nantucket Lightship-South-Deep..........             856               0
Mid-Atlantic............................             571             571
                                         -------------------------------
    Total...............................           2,283             571
------------------------------------------------------------------------
\1\ The LAGC IFQ access area trip allocations for the 2022 fishing year
  are subject to change through a future specifications action or
  framework adjustment.

* * * * *

0
7. In Sec.  648.60:
0
a. Revised paragraph (b), (c), and (d);
0
b. Lift the suspension of paragraph (f);
0
c. Remove and reserve paragraph (f); and
0
d. Remove paragraph (i).
    The revisions read as follows:


Sec.  648.60  Sea Scallop Rotational Areas.

* * * * *
    (b) Closed Area II Scallop Rotational Area--(1) Closed Area II 
Scallop Rotational Area boundaries. The Closed Area II Scallop 
Rotational Area is defined by straight lines connecting the following 
points in the order stated (copies of a chart depicting this area are 
available from the Regional Administrator upon request):

                                           Table 2 to Paragraph (b)(1)
----------------------------------------------------------------------------------------------------------------
                              Point                                 N latitude      W longitude        Note
----------------------------------------------------------------------------------------------------------------
CAII1...........................................................      41[deg]11'      67[deg]20'  ..............
CAII2...........................................................      41[deg]11'      66[deg]41'  ..............
CAII3...........................................................       41[deg]0'      66[deg]41'  ..............
CAII4...........................................................       41[deg]0'          ( \1\)          ( \2\)
CAII5...........................................................      40[deg]40'          ( \3\)          ( \2\)
CAII6...........................................................      40[deg]40'      67[deg]20'  ..............
CAII1...........................................................      41[deg]11'      67[deg]20'  ..............
----------------------------------------------------------------------------------------------------------------
\1\ The intersection of 41[deg]0' N lat. and the U.S.-Canada Maritime Boundary, approximately 41[deg]0' N lat.
  and 66[deg]09.33' W long.
\2\ From Point CAIISWE 4 connected to Point CAIISWE5 along the U.S.-Canada Maritime Boundary.
\3\ The intersection of 40[deg]40' N lat. and the U.S.-Canada Maritime Boundary, approximately 40[deg]40' N lat.
  and 65[deg]52.61' W long.

    (2) Season. (i) A vessel issued a scallop permit may not fish for, 
possess, or land scallops in or from the area known as the Closed Area 
II Scallop Rotational Area, defined in paragraph (b)(1) of this 
section, during the period of August 15 through November 15 of each 
year the Closed Area II Access

[[Page 27052]]

Area is open to scallop vessels, unless transiting pursuant to Sec.  
648.59(a).
    (ii) For the 2021 scallop fishing year, a vessel issued a scallop 
permit may not fish for, possess, or land scallops in or from the area 
known as the Closed Area II Scallop Rotational Area, defined in 
paragraph (b)(1) of this section, during the period of November 16 
through November 30, unless transiting pursuant to Sec.  648.59(a).
    (c) Closed Area I Scallop Rotational Area. The Closed Area I 
Scallop Rotational Area is defined by straight lines connecting the 
following points in the order stated (copies of a chart depicting this 
area are available from the Regional Administrator upon request):

                        Table 3 to Paragraph (c)
------------------------------------------------------------------------
                  Point                     N latitude      W longitude
------------------------------------------------------------------------
CAIA1...................................      41[deg]30'      68[deg]30'
CAIA2...................................      40[deg]58'      68[deg]30'
CAIA3...................................   40[deg]54.95'   68[deg]53.37'
CAIA4...................................      41[deg]30'      69[deg]23'
CAIA1...................................      41[deg]30'      68[deg]30'
------------------------------------------------------------------------

    (d) Closed Area II-East Scallop Rotational Area. The Closed Area 
II-East Scallop Rotational Area is defined by straight lines, except 
where noted, connecting the following points in the order stated 
(copies of a chart depicting this area are available from the Regional 
Administrator upon request):

                                            Table 4 to Paragraph (d)
----------------------------------------------------------------------------------------------------------------
                              Point                                 N latitude      W longitude        Note
----------------------------------------------------------------------------------------------------------------
CAIIE1..........................................................      41[deg]30'      67[deg]20'  ..............
CAIIE2..........................................................      41[deg]30'         ( \1\ )         ( \2\ )
CAIIE3..........................................................      41[deg]00'         ( \3\ )         ( \2\ )
CAIIE4..........................................................      41[deg]00'      66[deg]41'  ..............
CAIIE5..........................................................      41[deg]11'      66[deg]41'  ..............
CAIIE6..........................................................      41[deg]11'      67[deg]20'  ..............
CAIIE1..........................................................      41[deg]30'      67[deg]20'  ..............
----------------------------------------------------------------------------------------------------------------
\1\ The intersection of 41[deg]30' N lat. and the U.S.-Canada Maritime Boundary, approximately 41[deg]30' N
  lat., 66[deg]34.73' W long.
\2\ From Point CAIIE2 connected to Point CAIIE3 along the U.S.-Canada Maritime Boundary.
\3\ The intersection of 41[deg]00' N lat. and the U.S.-Canada Maritime Boundary, approximately 41[deg]00' N lat.
  and 66[deg]09.33' W long.

* * * * *

0
8. In Sec.  648.62, revise paragraph (b)(1) and (2), (c), and (e) to 
read as follows:


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

* * * * *
    (b) * * *
    (1) The LAGC and the limited access portions of the annual hard TAC 
for the NGOM 2021 and 2022 fishing years are as follows:

                                           Table 1 to Paragraph (b)(1)
----------------------------------------------------------------------------------------------------------------
                                                               2021                       2022 (default)
                      Fleet                      ---------------------------------------------------------------
                                                        lb              kg              lb              kg
----------------------------------------------------------------------------------------------------------------
LAGC............................................         119,222          54,078          72,000          32,659
Limited access..................................          52,500          23,814           2,000             907
    Total.......................................         171,722          77,892          74,000          33,566
----------------------------------------------------------------------------------------------------------------

    (2) Unless a vessel has fished for scallops outside of the NGOM 
scallop management area and is transiting the NGOM scallop management 
area with all fishing gear stowed and not available for immediate use 
as defined in Sec.  648.2, no vessel issued an LAGC or limited access 
scallop permit pursuant to Sec.  648.4(a)(2) may possess, retain, or 
land scallops in the NGOM scallop management area once the Regional 
Administrator has provided notification in the Federal Register that 
the vessel's respective portion(s) of the NGOM scallop total allowable 
catch in accordance with paragraph (b)(1) of this section has been 
reached, unless the vessel is participating in the scallop RSA program 
as specified in Sec.  648.56, has been allocated NGOM RSA pounds, and 
the limited access portion of the NGOM TAC has not been reached. Once 
the LAGC share of the NGOM TAC is reached, a vessel issued a NGOM 
permit may no longer declare a state-only NGOM scallop trip and fish 
for scallops exclusively in state waters within the NGOM, unless 
participating in the state waters exemption program as specified in 
Sec.  648.54. A vessel that has not been issued a Federal scallop 
permit that fishes exclusively in state waters is not subject to the 
closure of the NGOM scallop management area.
* * * * *
    (c) VMS requirements. Except scallop vessels issued a Federal 
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

[[Page 27053]]

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.
* * * * *
    (e) Stellwagen Bank Scallop Closed Area. (1) Unless a vessel has 
fished for scallops outside of the Stellwagen Bank scallop management 
area and is transiting the area with all fishing gear stowed and not 
available for immediate use as defined in Sec.  648.2, no vessel issued 
a Federal scallop permit pursuant to Sec.  648.4(a)(2) may possess, 
retain, or land scallops in the Stellwagen Bank Scallop Closed Area.
    (2) The Stellwagen Bank Scallop Closed Area is defined by straight 
lines connecting the following points in the order stated (copies of a 
chart depicting this area are available from the Regional Administrator 
upon request):

                       Table 2 to Paragraph (e)(2)
------------------------------------------------------------------------
                  Point                     N latitude      W longitude
------------------------------------------------------------------------
SB1.....................................      42[deg]26'      70[deg]27'
SB2.....................................      42[deg]26'      70[deg]15'
SB3.....................................      42[deg]20'      70[deg]15'
SB4.....................................      42[deg]20'      70[deg]27'
SB1.....................................      42[deg]26'      70[deg]27'
------------------------------------------------------------------------

[FR Doc. 2021-10553 Filed 5-18-21; 8:45 am]
BILLING CODE 3510-22-P